Chapter 17.02 — DEFINITIONS

The definitions set forth in this chapter shall be applied throughout this title, unless the context or the provision clearly requires otherwise.

(Ord. 422 § 4(part), 1998).

"Abandon" means to cease or discontinue a use or activity without intent to resume, but excluding a temporary discontinuance in connection with a pending sale or other transfer of ownership or management of a use or structure.

(Ord. 422 § 4(part), 1998).

17.02.015 - Abutting.

"Abutting" means to physically touch or border upon but not overlap; to share all or a part of a common boundary or a common lot line with another lot or parcel of land.

(Ord. 422 § 4(part), 1998).

"Active records management services" means an establishment used as a depository for records which are retrieved and delivered on a daily basis. This service may include providing filing, indexing, bar-coding, and cataloging of records.

(Ord. 440 § 1, 1999).

17.02.020 - Addition.

"Addition" means any construction added to the original structure at some time after the completion of the original which increases the size of the structure in terms of lot coverage, height or floor area.

(Ord. 422 § 4(part), 1998).

17.02.025 - Adjacent.

"Adjacent" means physically close to, such as to the side or rear of or located directly across the street from.

(Ord. 422 § 4(part), 1998).

(Ord. No. 558, § 1, 4-4-11)

17.02.030 - Adult entertainment facility.

"Adult entertainment facility" means an establishment consisting of, including, or having the characteristics of any or all of the following:

A.

"Adult bookstore," which means an establishment having as a substantial or significant portion of its stockin-trade books, magazines, publications, tapes or films that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas;

B.

"Adult cabaret," which means an establishment devoted to adult entertainment, either with or without a liquor license, presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas, including an establishment that features topless dancers, strippers, or similar entertainers for observation by patrons;

C.

"Adult motion picture theater," which means an enclosed building or video booth used for the showing of motion pictures distinguished or characterized by an emphasis on matter depicting, describing or relating

to sexual activities or anatomical genital areas.

(Ord. 422 § 4(part), 1998).

17.02.040 - Alley.

"Alley" means a narrow service way, either public or private, permanently reserved as a secondary means of access to abutting property but not intended for general traffic circulation.

(Ord. 422 § 4(part), 1998).

17.02.045 - Approving authority.

"Approving authority" means the decision making body, commission or official of the city designated under the provisions of this title as having the authority to initially approve or deny a particular type of application.

(Ord. 422 § 4(part), 1998).

17.02.050 - Articulation.

"Articulation" means changes of plane on the outside wall of a building such as provided by decks, bays, and other projections or recesses. Articulation also includes voids resulting from a change in the shape of the outside wall. The minimum offset requirement by permit type is as follows:

A.

Housing Development Permits: a minimum of one foot of offset in plane.

B.

Design Permits: a minimum of two (2) feet of offset in a plane.

(Ord. 463 § 1, 2002: Ord. 422 § 4(part), 1998).

(Ord. No. 669, § 1, 5-19-22)

"Attached" means anything physically connected to a building or structure so as to become an integral part thereof. The term includes components of a structure joined together by a common wall, floor, or ceiling or fully enclosed hallway.

(Ord. 422 § 4(part), 1998).

"Outside wall" means any wall that defines the exterior boundaries of a structure.

A.

"Front outside wall," "rear outside wall" and "side outside wall" respectively mean the outside wall that is generally parallel to the front, rear or side lot line of the site.

B.

"Exterior side outside wall" means a side outside wall generally parallel to a street. "Interior side outside wall" means any side outside wall other than an exterior side outside wall.

(Ord. 463 § 4, 2002).

17.02.070 - Automotive repair shop.

"Automotive repair shop" means an establishment where motor vehicles, or any parts, components or systems thereof, are serviced, repaired, overhauled or replaced. Automotive repair shops generally fall into either of the following categories, as determined in each case by the planning director:

A.

"Automotive light repair" means an automotive repair shop primarily engaged in the cleaning, waxing, detailing, incidental touch-up painting, and minor servicing of automobiles. Automotive light repair frequently constitutes a part of a gasoline service station, as defined in this chapter.

B.

"Automotive heavy repair" means an automotive repair shop primarily engaged in collision repair, reconstruction, overhaul and painting of automobiles, or other major mechanical or body work.

(Ord. 422 § 4(part), 1998).

17.02.080 - Bar.

"Bar" means an establishment engaged primarily in the sale or dispensing of alcoholic beverages by the drink for on-site consumption and where food may be available for consumption on the premises as an accessory use.

(Ord. 422 § 4(part), 1998).

17.02.085 - Bay.

"Bay" or "bay window" means a projection from a building that forms a recess in the interior.

(Ord. 422 § 4(part), 1998).

17.02.090 - Block.

"Block" means any lot or group of contiguous lots on one side of a street and either: (i) lying between intersecting streets, or (ii) lying within the same street address hundred range, whichever may be the shortest distance.

(Ord. 422 § 4(part), 1998).

"Building" means any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any person, animal, property or use.

(Ord. 422 § 4(part), 1998).

17.02.105 - Reserved. 17.02.107 - Cannabis.

"Cannabis" means all parts of the plant cannabis sativa linnaeus, cannabis indica, or cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Marijuana" shall have the same meaning as cannabis for the purposes of this title.

"Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.

A.

"Medicinal cannabis" means cannabis intended for use by qualified patients pursuant to Section 11362.7 of the California Health and Safety Code.

B.

"Cannabis product" means a product containing cannabis, including, but not limited to, concentrates, extractions, topical treatments, or edible products intended to be sold for medicinal or adult use pursuant to Section 11018.1 of the California Health and Safety Code.

(Ord. No. 617, § 2, 9-7-17)

17.02.109 - Cannabis business.

"Cannabis business" means a business engaged in distribution, manufacture, retail delivery, or warehousing of cannabis or cannabis products.

A.

"Cannabis distribution" means the procurement, sale, and transport of cannabis and cannabis products between commercial entities licensed by the State of California. Distribution does not include delivery of cannabis or cannabis products to a customer.

B.

"Cannabis manufacturing" means the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of

chemical synthesis or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container.

C.

"Cannabis retail delivery" means the retail sale of cannabis or cannabis products to customers exclusively by delivery to the customer. "Cannabis retail" does not include any storefront component whereby customers purchase the products at the physical premises of the retail establishment.

D.

"Cannabis warehousing" means the storage, wholesale, and distribution of cannabis products. Cannabis warehousing does not include storage, wholesale, or distribution of cannabis.

(Ord. No. 617, § 3, 9-7-17)

17.02.110 - Canopy.

"Canopy" means a rooflike cover that projects from the wall of a building for the purpose of shielding a doorway or window from the elements.

(Ord. 422 § 4(part), 1998).

17.02.115 - Cantilever.

"Cantilever" means a structural projection from a building which is vertically supported at only one end.

(Ord. 422 § 4(part), 1998).

17.02.120 - Carport.

"Carport" means an accessory structure or a portion of a main structure designed for the storage of motor vehicles having a roof or other solid covering and enclosed on no more than two (2) sides.

(Ord. 422 § 4(part), 1998).

(Ord. No. 693, § 4, 12-5-24)

17.02.130 - CEQA.

"CEQA" means the California Environmental Quality Act, as set forth in Division 13 (commencing with Section 21000 et seq.) of the California Public Resources Code, and any amendments or replacements thereof, and including any guidelines adopted from time to time pursuant thereto.

(Ord. 422 § 4(part), 1998).

17.02.140 - Chimney—Chimney box.

A.

"Chimney" means a portion of a structure containing one or more flues for drawing off emissions from stationary sources of combustion.

B.

"Chimney box" means a portion of a structure built for the purpose of enclosing a chimney.

(Ord. 422 § 4(part), 1998).

"Commercial parking lot" means an establishment providing off-street parking facilities available to the general public for which a parking fee is charged as consideration for such use and where such establishment constitutes the principal use on the site or a separate use unrelated to the principal use on the same site. The term does not include a parking facility operated as an accessory use, regardless of whether compensation is charged for use of such facility.

(Ord. 428 § 1, 1998).

17.02.145 - Commercial recreation—Commercial gym and health facilities.

A.

"Commercial recreation" means a use designed and equipped for the conduct of sports and leisure-time activities operated as a business.

B.

"Commercial gym and health facilities" means a commercial recreation use conducted entirely within an enclosed structure containing facilities such as exercise equipment, game courts, swimming pool or spa, and shower and/or changing room facilities.

(Ord. 422 § 4(part), 1998).

"Condominium" means a building, or group of buildings, in which dwelling units, commercial/retail/office/warehouse spaces, floor areas, or other portions of the property are owned individually or restricted for the exclusive use of a single owner, and the structure, common areas, and common facilities are owned by all the owners on a proportional, undivided basis. The individual ownership interest may include a fee, a life estate, a leasehold, or a right of use during a specific period of time. As used in this title, the term includes "community apartment project" and "stock cooperative" as defined by State Civil Code Sections 4105 and 4190.

(Ord. 422 § 4(part), 1998).

(Ord. No. 566, § 11, 10-7-13; Ord. No. 612, § 9, 12-8-16)

17.02.155 - Contiguous.

"Contiguous" means abutting, as such term is defined in this chapter.

(Ord. 422 § 4(part), 1998).

"Contractor's yard" means an area, not enclosed within a structure, that is used for parking and keeping of vehicles, trailers, equipment, materials and supplies utilized by a building or trade contractor in connection with the conduct of such contractor's business, but not including long term storage of any items of personal property.

(Ord. 422 § 4(part), 1998).

Convalescent home" means an establishment licensed by the state providing residential and health care services, for compensation, for persons recovering from illness or injury, or for persons with chronic illness or disability, such as the elderly who require assistance with basic daily activities.

(Ord. 422 § 4(part), 1998).

(Ord. No. 564, § 1, 10-3-11)

"Cornice" means the portion of a building where the roof and side walls meet or the top course of a wall when treated as a crowning member of the building.

(Ord. 422 § 4(part), 1998).

"Covered parking" means a garage or carport that provides full overhead protection from the elements with ordinary roof coverings. Canvas, lath, fiberglass, plastic and vegetation are not ordinary roof coverings and shall not be considered a covered parking space.

(Ord. 422 § 4(part), 1998).

"Cultural facility" means a place, structure, area, or other facility in which cultural programs, displays or activities generally open to the public are conducted. The term includes, but is not limited to, museums and performance halls.

(Ord. 422 § 4(part), 1998).

17.02.185 - Cupola.

"Cupola" means a small rounded and domed portion of a structure that typically extends above the roof.

(Ord. 422 § 4(part), 1998).

"Data center" means a business providing for the storage of computer systems and associated components.

(Ord. No. 599, § 1, 11-19-15)

17.02.190 - Day care center.

"Day care center," "child care center," and "child day care facility" mean a facility licensed pursuant to Health and Safety Code Section 1596.951, other than a family day care home as defined in this chapter, that provides nonmedical care to children under eighteen (18) years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty-four-hour basis. Day care center includes:

A.

Employer-sponsored day care centers;

B.

Infant centers;

C.

Preschools;

D.

Extended day care centers;

E.

School-age day care centers; and

F.

Day care centers.

(Ord. No. 534, § 1, 2-17-09; Ord. No. 665, § 1, 11-4-21)

17.02.195 - Day care home.

"Day care home" means a family day care home, as such term is defined in this chapter.

(Ord. 422 § 4(part), 1998; Ord. No. 665, § 1, 11-4-21)

17.02.200 - Deck—Parking deck.

A.

"Deck" means a floored area which is not located on grade and is not covered by a roof other than an eave or overhang, and which is wider than a minimum required landing.

B.

"Parking deck" means a deck designed for the parking and storage of motor vehicles.

(Ord. 422 § 4(part), 1998).

17.02.205 - Detached.

"Detached" means a building or structure which is not attached (as such term is defined in this chapter) to any other building or structure.

(Ord. 422 § 4(part), 1998).

17.02.210 - District.

A.

"District" means a zoning district established under the provisions of this title.

B.

"Overlay district" means a zoning district that may be applied in combination with another district to provide for different uses and development standards than those permitted in the underlying district.

(Ord. 422 § 4(part), 1998).

(Ord. No. 624, § 1, 2-1-18)

17.02.220 - Driveway.

"Driveway" means a private roadway which provides access to off-street parking or loading spaces, and the use of which is limited to persons residing on the site, their invitees, or persons working on the site. A driveway may be shared, to serve two or more lots, by access easement across one or more of the affected lots. This does not include private streets as defined in Section 17.02.750.

(Ord. 422 § 4(part), 1998).

(Ord. No. 693, § 5, 12-5-24)

17.02.230 - Reserved.

Editor's note— Ord. No. 693, § 2, adopted Dec. 5, 2024, repealed § 17.02.230, which pertained to duplex and derived from Ord. 422 § 4(part), adopted in 1998; and Ord. No. 615, § 1, adopted Feb. 2, 2017.

"Dwelling" means a place that is used as the personal residence of the occupants thereof, including transitional housing as defined in California Health and Safety Code Section 50675.2(h) and supportive

housing as defined in California Health and Safety Code Sections 50675.14(b)(2) and (3). The term includes factory-built or manufactured housing, such as mobile homes, but excludes trailers, campers, tents, recreational vehicles, hotels, motels, boarding houses and temporary structures.

A.

"Duplex dwelling" means a building containing two (2) dwelling units totally separated from each other by a wall, floor or ceiling; provided, however, that a building containing a single-family dwelling and a lawful accessory dwelling unit or junior accessory dwelling unit shall not be deemed a duplex.

B.

"Dwelling group" means a group of two (2) or more detached buildings located upon the same site, each of which contains one or more dwelling units.

C.

"Dwelling unit" means a room or group of rooms including living, sleeping, eating, cooking and sanitation facilities, constituting a separate and independent housekeeping unit, designed, occupied, or intended for occupancy by one family on a permanent basis. Permanent residency shall mean continuous occupancy of the dwelling unit for a period of thirty (30) days or more.

D.

"Multiple-family dwelling" means a building or site containing three (3) or more dwelling units (also see "duplex"). The term includes single-room-occupancy dwelling units, typically comprised of one or two (2) rooms (which may include a kitchen and/or a bathroom, in addition to a bed), that are restricted to occupancy by no more than two (2) persons.

E.

"Accessory dwelling unit" means a separate dwelling unit created upon a site that contains a single-family dwelling, duplex, or multiple-family dwelling. Subject to the restrictions of this title, the accessory dwelling unit may be within, attached to, or detached from the single-family dwelling, duplex, or multiple-family dwelling. An accessory dwelling unit shall include permanent provisions for living, sleeping, eating, cooking, and sanitation. The term "secondary dwelling unit" shall have the same meaning throughout this title. An accessory dwelling unit also includes the following:

1.

An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.

2.

A manufactured home, as defined in Section 18007 of the Health and Safety Code.

F.

"Junior accessory dwelling unit" means a dwelling unit that is no more than five hundred (500) square feet in size and contained entirely within a single-family dwelling. A junior accessory dwelling unit may include

separate sanitation facilities, or may share sanitation facilities with the single-family dwelling. Junior accessory dwelling units are distinguished from accessory dwelling units in that they: (1) must include the conversion of existing, legally permitted floor area within an existing single-family dwelling; (2) must be owner occupied, or the main dwelling be owner occupied; and (3) are subject to unique standards that are not applicable to accessory dwelling units, as specified in Chapter 17.43 of this title.

G.

"Primary dwelling unit" or "main dwelling" means a dwelling unit that is not an accessory dwelling unit or a junior accessory dwelling unit.

H.

"Single-family dwelling" means a dwelling unit constituting the only principal structure upon a single site (excluding any lawfully established accessory dwelling unit that may be located within the same structure on upon the same site). The term includes employee housing for six (6) or fewer persons, residential care facilities, licensed by the state to provide twenty-four-hour nonmedical care, serving six (6) or fewer persons (not including the operator, the operator's family or persons employed as staff) in need of supervision, personal services, or assistance essential for sustaining the activities of daily living or for the protection of the individual. Also see "group care home" for seven (7) or more persons.

(Ord. 479 § 1, 2003; Ord. 422 § 4(part), 1998).

(Ord. No. 564, § 1, 10-3-11; Ord. No. 606, § 1, 4-21-16; Ord. No. 615, § 1, 2-2-17; Ord. No. 626, § 1, 5-1718; Ord. No. 656, § 1, 6-18-2020; Ord. No. 653, § 7, 10-15-20; Ord. No. 655, § 1, 9-3-20; Ord. No. 658, 1210-20; Ord. No. 693, § 3, 12-5-24; Ord. No. 700, § 3, 10-2-25)

17.02.240 - Reserved.

Editor's note— Ord. No. 564, § 1, adopted October 3, 2011, repealed § 17.02.240, which pertained to dwelling group and derived from Ord. No. 422, 1998.

17.02.250 - Eave.

"Eave" means the projecting lower edges of a roof overhanging the exterior wall of a building.

(Ord. 422 § 4(part), 1998).

"Educational facility" means a public or private use devoted to instruction, including, but not limited to, primary, middle and high schools, business and technical schools, colleges and universities.

(Ord. 422 § 4(part), 1998).

17.02.260 - Emergency access.

"Emergency access" means a street or easement which is gated or otherwise closed to regular use by vehicular traffic and intended for use by vehicular traffic only in the event of emergency.

(Ord. 422 § 4(part), 1998).

"Emergency shelter" is the same defined in subdivision (e) of Section 50801 of the California Health and Safety Code, and means housing with minimal supportive services that is limited to occupancy of up to six months by persons who are homeless, victims of domestic violence, individuals and households made temporarily homeless due to natural disasters (e.g., fires, earthquakes, etc.), or other persons requiring temporary housing, and no individual or household shall be denied emergency shelter because of inability to pay.

(Ord. No. 564, § 1, 10-3-11)

"Establishment" means an economic unit, generally at a single physical location, where business is conducted or services or commercial activities are performed.

(Ord. 422 § 4(part), 1998).

17.02.285 - Family.

"Family" means one or more persons, related or unrelated, occupying a dwelling unit and living together as a single housekeeping unit. The term shall not include a group of persons occupying a fraternity or sorority house, club, hotel, motel, convalescent home, group care home or institution of any kind.

(Ord. 422 § 4(part), 1998).

(Ord. No. 564, § 1, 10-3-11)

17.02.290 - Family day care home.

"Family day care home" means a facility licensed pursuant to Health and Safety Code Section 1597.54, that regularly provides care, protection, and supervision for fourteen (14) or fewer children, in the licensee's own home, for periods of less than 24 hours per day, while the parents or guardians are not present. A licensee's residence includes property in which the licensee is a tenant, and includes the following:

A.

"Small family day care home" means a family day care home that provides care, protection, and supervision for more than six (6) children and up to eight (8) children, as set forth in Health and Safety Code Section 1597.44 and as defined in applicable state regulations;

B.

"Large family day care home" means a family day care home that provides care, protection, and supervision for more than twelve (12) children and up to and including fourteen (14) children, as set forth in Health and Safety Code Section 1597.465 and as defined in applicable state regulations.

(Ord. 422 § 4(part), 1998; Ord. No. 564, § 1, 10-3-11; Ord. No. 665, § 1, 11-4-21)

"Fence" means an artificially constructed barrier of any material or combination of materials erected to enclose, screen or separate areas.

(Ord. 422 § 4(part), 1998).

"Financial institution" means a bank, savings and loan association, credit union, thrift association, or similar organization.

(Ord. 422 § 4(part), 1998).

17.02.315 - Floor area—Floor area ratio.

A.

"Floor area" means the sum of the gross horizontal areas of all floors of a building measured from the interior face of the exterior walls or columns, but excluding any area where the floor to ceiling height is less than six (6′) feet. The Planning Director shall have authority, on a case by case basis, to determine that a particular area, by reason of its location or features, should properly be excluded from the calculation of floor area for the purposes of this title.

B.

"Floor area ratio" means the floor area of all buildings on a lot divided by the total lot area.

(Ord. 463 § 3, 2002: Ord. 422 § 4(part), 1998).

"Food production" means an establishment engaged in the preparation of food products for wholesale or retail distribution and eventual human consumption but not consumption on the premises. The term does not include any form of slaughterhouse of live animals.

(Ord. 422 § 4(part), 1998).

"Freight forwarder" means an establishment engaged in the receipt and distribution of goods, products, mail, packages, cargo, or materials, or any combination thereof, belonging to others, including transshipment by boat, rail, air or motor vehicle. The distribution function may include the breakdown of large orders from a single source into smaller orders for distribution to several recipients and consolidation of several orders into one large one for distribution to a single recipient. The term does not include any establishment engaged in the receipt and/or distribution of its own products, inventory or merchandise.

(Ord. 422 § 4(part), 1998).

17.02.340 - Garage.

"Garage" means an accessory structure or a portion of a main structure designed for the parking and storage of motor vehicles, having and permanent roof and enclosed on three (3) or more sides.

(Ord. 422 § 4(part), 1998).

"Gasoline service station" means an establishment primarily engaged in the retail sale of gasoline to the public, with incidental sale of lubricants, tires, batteries, small parts and accessories for the operation of automobiles, and may include a light automotive repair shop (as defined in this chapter) for the incidental performance of routine maintenance and repair services. Establishments such as, but not limited to, automotive collision and body shops, automotive painting facilities, automobile dismantlers, and heavy automotive repair shops, shall not be classified as gasoline service stations.

(Ord. 422 § 4(part), 1998).

17.02.350 - General plan.

"General plan" means the current general plan as adopted by the city pursuant to the requirements of the government code, and any amendments thereto, and any specific plan applicable to the site.

(Ord. 422 § 4(part), 1998).

"Grade" means the elevation of land, as measured in feet above sea level.

A.

"Finish grade" means the final elevation of the ground surface after completion of all site preparation and development.

B.

"Natural grade" means the elevation of the ground surface in its natural state, before construction, grading, filling or excavation.

(Ord. 422 § 4(part), 1998).

"Group care home" means an establishment licensed by the state to provide twenty-four (24) hour nonmedical care for seven (7) or more persons (not including the operator, the operator's family or persons employed as staff) in need of supervision, personal services, or assistance essential for sustaining the activities of daily living or for the protection of the individual. Also see "dwelling, single-family" for six (6) or fewer persons.

(Ord. 422 § 4(part), 1998).

(Ord. No. 564, § 1, 10-3-11)

"Habitat Conservation Plan" also referred to as the "HCP" means the San Bruno Mountain Area Habitat Conservation Plan, dated November, 1982, as amended September, 1986, and any further amendments or revisions thereof, and including also the agreement with respect to the San Bruno Mountain Area Habitat Conservation Plan, commonly referred to as the "HCP Agreement" dated November, 1982, and any amendments or revisions thereof.

(Ord. 422 § 4(part), 1998).

17.02.385 - Heavy equipment repair.

"Heavy equipment repair" means an establishment engaged in the on-site repair or maintenance of heavyduty machinery, equipment or vehicles, including, but not limited to, dump trucks, semi-tractors, bulldozers and forklifts.

(Ord. 422 § 4(part), 1998).

17.02.390 - Hedge.

"Hedge" means a dense row of shrubs or trees.

(Ord. 422 § 4(part), 1998).

17.02.400 - Height.

A.

Structures. As applied to structures, height means the vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped or vaulted roof. The reference datum shall be the lowest point of elevation of the finished grade between the building and the property line when the property line is five (5) feet or less from the building. When the property line is more than five (5) feet from the building, the reference datum shall be the lowest point of elevation of the finished grade between the building and a line five (5) feet from the building. When the finished grade results from fill, the reference datum shall be the lowest point of elevation of the natural grade prior to the placement of the fill. In the case of a stepped or terraced building, each segment of the building shall be separately measured and the height of the building shall be the maximum height of the highest segment.

1.

Rooftop solar energy systems shall be measured from the midpoint of the solar panel to the grade reference datum, as described in BMC Section 17.02.400(A).

B.

Signs. As applied to signs, height means the vertical distance measured from the lowest finished grade directly beneath the sign to the highest point at the top of the sign.

C.

Fences and Walls. As applied to fences and walls, height means that side having the greatest distance as measured by a vertical line from the highest point of the fence or wall to a point directly below at finish grade. Where a fence is constructed upon or approximately parallel to and less than two (2) feet from a retaining wall, the fence shall be considered as part of the wall in measuring its height, which shall be the combined vertical distance of both the fence and the retaining wall.

(Ord. 483B § 1, 2003; Ord. 422 § 4(part), 1998).

(Ord. No. 622, § 1, 11-16-17)

"Home occupation" means the conduct of a trade or profession, the offering of a service, the conduct of a business, or the handcraft manufacture or products, in a dwelling unit by the occupants thereof as an accessory use incidental to residential occupancy, and in accord with the regulations prescribed in this title. Home occupation does not include cultivation of cannabis.

(Ord. 422 § 4(part), 1998).

(Ord. No. 617, § 4, 9-7-17)

17.02.420 - Hotel.

"Hotel" means a building or group of buildings containing guest rooms or suites offered, for compensation, to the general public as transient lodging accommodations. The term includes motel, inn, motor court, bed and breakfast establishment or similar use, but excludes single-room-occupancy dwelling units operated as supportive housing.

(Ord. 422 § 4(part), 1998).

(Ord. No. 564, § 1, 10-3-11)

"Housing development project" means a use consisting of any of the following: two (2) or more residential units only; a mixed-use development consisting of two (2) or more residential units and one or more nonresidential uses with at least two-thirds (⅔) of the square footage designated for residential use; or transitional housing or supportive housing, as defined by California Government Code § 50801, subdivision (i) or successor provisions. A housing development project may consist of attached or detached residential units and may occupy more than one parcel, so long as the housing development project is included in the same development application. This definition shall be superseded by changes to California Government Code § 65589.5, subdivision (h)(2), or successor provisions. Projects located in the NCRO-2 District shall not be defined as housing development projects.

(Ord. No. 669, § 1, 5-19-22)

17.02.430 - Infrastructure.

"Infrastructure" means all on-site and off-site improvements, facilities and services, whether public or private or any combination thereof, required for development and human occupancy of a site, and constructed, or to be constructed, in accordance with standards applicable thereto as adopted by the governmental agency, utility, or other provider which owns and operates the improvement, facility or service. The term includes, but is not limited to, a means of access from a public street; storm drainage and sanitary sewer facilities; water, electricity, gas, telephone and other utility services.

(Ord. 422 § 4(part), 1998).

17.02.440 - Invasive.

"Invasive," as applied to plants, means vegetation having a natural tendency to spread into adjacent areas and adversely affect the native growth in the adjacent area.

(Ord. 422 § 4(part), 1998).

17.02.450 - Kennel.

A.

"Boarding kennel" means an establishment in which dogs or other household domesticated animals are boarded, housed, groomed, trained or cared for, either on a day use basis or including overnight occupancy.

B.

Breeding kennel means an establishment in which dogs or other household domesticated animals are bred, raised and sold.

(Ord. 422 § 4(part), 1998).

17.02.460 - Kitchen.

"Kitchen" means a room designed, intended or used for the cooking and preparation of food.

(Ord. 422 § 4(part), 1998).

17.02.470 - Landing.

"Landing" means a platform at the top or bottom or between the top and bottom of a flight of stairs which is no wider than the stairway, or a platform outside a door which is not more than twice the width of the door.

(Ord. 422 § 4(part), 1998).

17.02.475 - Landscaping.

"Landscaping" means plants and incidental ornamental materials, including wood chips, rocks and statuary.

(Ord. 422 § 4(part), 1998).

17.02.480 - Light fabrication.

"Light fabrication" means a use engaged in the fabrication, predominantly from previously prepared materials, of finished products or parts, including processing, assembling, treating and packaging. The term also includes the storage, sales and distribution of the finished products when conducted as an incidental and accessory use.

(Ord. 422 § 4(part), 1998).

17.02.485 - Live/work development.

"Live/work development" means a development which primarily consists of nonresidential structures and uses but includes facilities for residential occupancy which contain all of the required elements of a dwelling unit.

(Ord. 422 § 4(part), 1998).

17.02.490 - Lot.

A.

"Lot" means a parcel of land consisting of a single lot of record.

B.

"Lot of record" means any of the following:

1.

A lot which is part of a subdivision and shown on a map thereof as recorded in the office of the county recorder; or

2.

A legally created parcel of land described by metes and bounds or shown on a parcel map which has been recorded in the office of the county recorder; or

3.

A parcel of land for which a certificate of compliance has been issued by the city or the county pursuant to the map act and such certificate has been so recorded in the office of the county recorder.

C.

"Corner lot" means a lot abutting the intersection of two or more streets.

D.

"Double frontage or through lot" means a lot that fronts upon two (2) parallel streets.

E.

"Downslope lot" means a lot having a slope of twenty percent (20%) or more, with the slope descending downhill from the front lot line.

F.

"Hillside lot" means any lot having a slope of twenty percent (20%) or more.

G.

"Interior lot" means a lot other than a corner lot.

H.

"Substandard or nonconforming lot" means a lot having any lot dimensions that do not comply with the minimum standards applicable to such lot as prescribed by the regulations for the district in which the lot is located. A substandard lot includes a lot that was legally created in compliance with all zoning and subdivision regulations then applicable to the property, but which, by virtue of subsequent rezoning, reclassification, or the adoption of or change in zoning regulations, no longer conforms with any of the standards for the district in which the lot is located.

I.

"Upslope lot" means a lot having a slope of twenty percent (20%) or more, with the slope ascending uphill from the front lot line.

(Ord. 422 § 4(part), 1998).

17.02.495 - Lot coverage.

"Lot coverage" means that percentage of a lot that is covered or occupied by structures. Lot coverage includes any finished surface, such as a slab or deck, which is covered by a roof or other solid covering with at least seven (7) feet of clearance, other than an eave or overhang, and includes also cantilevered bays and other enclosed architectural projections which contain floor or seating area.

(Ord. 422 § 4(part), 1998).

17.02.500 - Lot dimensions.

"Lot dimensions" means the size and configuration of a lot, as determined by the area, width and depth of the lot, defined as follows:

A.

"Lot area" means the total horizontal area located within the property lines of a lot, including any area within the original property lines that is dedicated to the public for street purposes as a requirement for approval of a development on the lot which created the need for such dedication.

B.

"Lot depth" means the horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line, or to the most distant point on any other lot line where there is no rear lot line.

C.

"Lot width" means the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines, or if there is no rear lot line, at the midway points of the intersecting side lot lines.

(Ord. 422 § 4(part), 1998).

17.02.505 - Lot line.

"Lot line" means any boundary of a lot.

A.

"Front lot line" means the lot line abutting upon or adjacent to a street or public right-of-way. In the case of corner lots, double frontage lots, lots which are not abutting or adjacent to a street or public right-of-way, or lots having irregular shape, the front lot line shall be determined by the planning director, based upon the means of access to the lot, the pattern of development in the immediately surrounding area, and such other factors as the planning director may deem appropriate.

B.

"Rear lot line" means the lot line not intersecting a front lot line which is most distant from and most closely parallel to the front lot line. A lot bounded by only three (3) lot lines will not have a rear lot line.

C.

"Side lot line" means any lot line which is not a front or rear lot line.

(Ord. 422 § 4(part), 1998).

17.02.510 - Map Act.

"Map Act" means the State Subdivision Map Act as contained in Title 7, Division 2 (commencing with Section 66410) of the Government Code.

(Ord. 422 § 4(part), 1998).

"Marina" means a facility for the berthing and securing of boats, that may include boat servicing uses.

(Ord. 481 § 1, 2003).

"Means of access" means a street, right-of-way or easement providing ingress to and egress from any lot to a street.

(Ord. 422 § 4(part), 1998).

"Media studio" means an establishment engaged in the production and/or transmission of media, including, but not limited to, radio, television, film, video, graphic arts and multi-media.

(Ord. 422 § 4(part), 1998).

"Medical facility" means an establishment where licensed practitioners provide medical or dental services, including, but not limited to, single or multipractitioner clinics, physical therapy, diagnostic services and outpatient surgery.

(Ord. 422 § 4(part), 1998).

17.02.535 - Meeting hall.

"Meeting hall" means a facility intended for group gatherings which constitutes the principal use on the site.

(Ord. 422 § 4(part), 1998).

17.02.540 - Mixed use.

"Mixed use" means a combination of residential and nonresidential uses that are located within the same structure or upon the same site.

(Ord. 422 § 4(part), 1998).

17.02.545 - Mobilehome—Mobilehome park.

A.

"Mobilehome" means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein. Campers, motor homes, and similar recreational vehicles are not considered to be mobilehomes.

B.

"Mobilehome park" means a site containing spaces with required improvements and utilities that are leased for the long-term placement of two (2) or more mobilehomes and may include services and common facilities for the residents.

(Ord. 422 § 4(part), 1998).

17.02.550 - Motel.

"Motel" means hotel, as defined in this chapter.

(Ord. 422 § 4(part), 1998).

A.

"Nonconforming use" means a use of a structure or site, or both, which was lawfully established or maintained in compliance with all zoning regulations then applicable to such use, but which, by virtue of a subsequent rezoning, reclassification, or the adoption of or change in use regulations, no longer conforms with the use regulations of the district in which it is located. Structures that are nonconforming with regard to density of development shall be treated as nonconforming uses and such nonconformity shall apply to all structures included in the density calculation.

B.

"Nonconforming structure" means a structure which was lawfully constructed in compliance with all zoning regulations then applicable to the site, but which, by virtue of a subsequent rezoning, reclassification, or the adoption of or change in zoning regulations, no longer conforms with one or more of the development standards, including parking and landscaping requirements, for the district in which the structure is located.

C.

"Nonconforming facility" means a structure or site which conforms with the regulations of this title but is used or occupied by one or more nonconforming uses.

(Ord. 478 § 1, 2003: Ord. 422 § 4(part), 1998).

17.02.565 - Objective design standard.

"Objective design standard," also referred to "objective zoning standard" or "objective subdivision standard," shall have the same meaning as established in California Government Code § 65913.4, subdivision (a)(5), or successor provisions.

(Ord. No. 669, § 1, 5-19-22)

17.02.570 - Occupant.

"Occupant," as applied to a building or land, means the person in actual possession of the whole or a part of such building or land, either alone or with others.

(Ord. 422 § 4(part), 1998).

17.02.575 - Office.

"Office" means a room or group of rooms and associated facilities used for conducting the management and administrative affairs of a business, profession, service, industry or government and generally furnished with desks, tables, files and communication equipment. The term does not include medical facilities or veterinary clinics.

(Ord. 422 § 4(part), 1998).

"Off-street parking facility" means an area used or intended for use for parking one or more motor vehicles, including aisles, access driveways, turning and maneuvering areas, clearances, and similar features and related landscaped areas, meeting the requirements established by this title. The term includes garages, carports, parking decks, parking lots and parking structures.

(Ord. 422 § 4(part), 1998).

"Open area" means parcels of land or portions thereof, primarily in private ownership, that provide "openness" to a development pattern. Open area includes, but is not limited to, setbacks and landscaped easements, gardens, parks and recreation areas within private developments, plazas, courtyards and similar gathering places. Streets, sidewalks, parking lots and similar improvements do not constitute open areas.

(Ord. 422 § 4(part), 1998).

"Open space" means any parcel or area of land or water that is essentially unimproved and dedicated or proposed to be dedicated to the public for outdoor recreation or preservation of biotic communities. Open space may consist of either land kept in its natural state or land containing recreational facilities such as picnic tables, play equipment and playing fields, court games, and swimming pools.

(Ord. 422 § 4(part), 1998).

17.02.598 - Organics reload operations.

"Organics reload operations" means a facility in which organic waste materials, such as lawn trimmings and food scraps, are reloaded from collection trucks into long-haul trucks to be sent to a composting facility elsewhere within forty-eight (48) hours.

(Ord. 502 § 1, 2005).

17.02.600 - Outdoor sales and rental.

"Outdoor sales and rental" means a retail sales and rental use that is not conducted within an enclosed structure, and includes automobile car sales lots and plant nurseries, but excluding outdoor cafes.

(Ord. 422 § 4(part), 1998).

"Personal cultivation of cannabis" means the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis for medicinal use by a qualified patient or for personal use by an adult twenty-one (21) years of age or older, consistent with the standards established by Chapter 8.12, Section 8.12.030 of the Brisbane Municipal Code.

(Ord. No. 617, § 5, 9-7-17)

"Personal services" means services of a personal convenience nature involving the care of an individual or his or her personal goods or apparel, including, but not limited to, barber and beauty shops, shoe, luggage and small appliance repair, photographers, laundry and drop-off cleaning services, copying, repair and alteration of clothes and similar services. The term also includes personal services rendered by a tradesperson or contractor, such as a plumber, electrician or heating and cooling equipment contractor, including the incidental storage of materials, supplies, products, parts and other items of personal property related to the furnishing of such services. Services provided to a commercial establishment would not usually be classified as personal services.

(Ord. 422 § 4(part), 1998).

17.02.620 - Place of worship.

"Place of worship" means a structure intended as a meeting hall for religious worship and related activities.

(Ord. 422 § 4(part), 1998).

17.02.625 - Planning commission.

"Planning commission" means the planning commission of the City of Brisbane.

(Ord. 422 § 4(part), 1998).

17.02.627 - Plastic pipe sales.

"Plastic pipe sales" means an establishment engaged in the sale of plumbing, irrigation and related types of plastic pipe and ancillary materials and may include the rendering of services incidental to such sale of goods; plastic pipe sales uses are classified as a subcategory of retail sales and rental uses as defined in this title.

(Ord. 503 § 1, 2005).

17.02.630 - Principal place of residence.

"Principal place of residence" means a dwelling unit occupied by a person as his or her permanent residence.

(Ord. 422 § 4(part), 1998).

17.02.635 - Printing.

"Printing" means an establishment primarily engaged in producing copies of text or illustration using a variety of technologies including, but not limited to, lithography, offset, silk-screen and photography.

(Ord. 422 § 4(part), 1998).

17.02.640 - Product showroom.

"Product showroom" means a display area where members of a trade may view products on display and where orders for such products are taken for off-site delivery only.

(Ord. 422 § 4(part), 1998).

"Property line" means a lot line, as such term is defined in this chapter.

(Ord. 422 § 4(part), 1998).

"Protected tree" shall have the same meaning as such term is defined in chapter 12.12 of the Brisbane Municipal Code, as amended from time to time.

(Ord. 422 § 4(part), 1998).

"Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge a set fare, run on fixed routes, and are available to the public.

(Ord. No. 669, § 1, 5-19-22)

Editor's note— Ord. No. 669, § 1, adopted May 19, 2022, set out provisions intended for use as 17.02.655. For purposes of alphabetization, and at the editor's discretion, these provisions have been included as 17.02.655.

"Public utility facilities" means structures and facilities, including generating and switching stations, poles, lines, pipes, pumping stations, repeaters, antennas, transmitters and receivers, valves, and other improvements relating to the furnishing of utility services to the public, such as electric, gas, water, sanitary sewer, storm sewer, telephone, telecommunications, and public transit, but not including offices, warehousing, retail sales or rental.

(Ord. 481 § 2, 2003).

"Rare plants" means any species of plants which is likely to become endangered within the foreseeable future throughout all or a significant portion of its range, as identified by the California Department of Fish and Game, or any successor state agency given the responsibility for making such identifications.

(Ord. 422 § 4(part), 1998).

"Record owner" means the owner of a parcel of real property as shown on the most recent available assessment roll published by the county assessor; provided, however, that upon presentation to the city of deeds or other instruments of conveyance which have been duly recorded in the office of the county recorder, together with such other evidence of ownership as the city may require (including, but not limited to, a title report prepared by a title insurance company), the city may determine that a person or persons other than as shown on the county assessment roll is the record owner of the property.

(Ord. 422 § 4(part), 1998).

17.02.670 - Recycling facility.

"Recycling facility" means a site upon which used, nonhazardous materials are received, separated and recovered for reuse in a nonhazardous manner.

(Ord. 422 § 4(part), 1998).

17.02.675 - Research and development.

"Research and development" means a use engaged in studying, testing, designing, analyzing and experimenting with potential or existing products, processes or services, including cannabis and cannabis products.

(Ord. 422 § 4(part), 1998).

(Ord. No. 617, § 6, 9-7-17)

17.02.680 - Restaurant.

"Restaurant" means an establishment having seating capacity where food and drink are prepared and served for human consumption on the premises.

(Ord. 422 § 4(part), 1998).

17.02.685 - Retail sales and rental.

"Retail sales and rental" means an establishment engaged in the sale or rental of goods directly to the consumer and may include the rendering of services incidental to such sale or rental of goods, but does not include sale of cannabis or cannabis products. See Section 17.02.109(C), Cannabis retail delivery.

(Ord. 422 § 4(part), 1998).

(Ord. No. 617, § 7, 9-7-17)

"Retaining wall" means a wall providing lateral subsurface support to earth or fill material on the uphill side and having an exposed face on the opposite side.

(Ord. 422 § 4(part), 1998).

17.02.695 - Ridgeline.

"Ridgeline" means a line connecting the points of highest elevation of the hills comprising San Bruno Mountain as identified on Figure 17.02.695.

Figure 17.02.695

==> picture [408 x 360] intentionally omitted <==

(Ord. 422 § 4(part), 1998).

(Ord. No. 562, § 1, 10-3-11)

17.02.700 - Right-of-way.

A.

"Public right-of-way" means a strip or area of land owned by the city or any other public entity or public utility which is used, or reserved or intended for use, as a street, road, alley, driveway or pedestrian walkway, or to provide public utility service, or any combination thereof, and includes all and any part of the entire width or other area of a designated right-of-way, whether or not such entire width or area is actually used for any of such purposes.

B.

"Railroad right-of-way" means a strip of land on which railroad tracks, spur tracks, sidings, switching equipment and signals are located, and includes the entire width or other area of the designated right-ofway, whether or not the entire width or area is actually used for such railroad facilities.

(Ord. 422 § 4(part), 1998).

17.02.710 - Scale.

"Scale" means the relationship of a particular structure, project or development to its surroundings in terms of size, height and bulk.

(Ord. 422 § 4(part), 1998).

17.02.715 - Setback—Setback area.

A.

"Setback" means the horizontal distance measured perpendicularly from a lot line to a corresponding parallel line within a lot, which is the boundary of any specified front, side or rear setback. The front and rear setback shall extend to the side property lines.

B.

"Setback area" means the area between a lot line and the corresponding setback in which no structures shall be allowed except as permitted by this title.

(Ord. 422 § 4(part), 1998).

17.02.720 - Sign.

See Chapter 17.36 for definitions relating to advertising signs and types of signs.

(Ord. 422 § 4(part), 1998).

17.02.723 - Single-room occupancy unit.

Refer to "multiple-family dwelling," Section 17.02.235(C).

(Ord. No. 622, § 2, 11-16-17)

17.02.725 - Site.

"Site" means a lot, as such term is defined in this chapter.

(Ord. 422 § 4(part), 1998).

17.02.730 - Slope.

"Slope" means the ratio, calculated as a percentage, of the vertical distance between the midpoints of the front and rear lot lines to the horizontal distance between the midpoints of the front and rear lot lines. For a lot having no rear lot line, the intersection of the side lot lines shall be substituted for the midpoint of the rear lot line in calculating slope.

(Ord. 422 § 4(part), 1998).

"Stock-in-trade" means tangible goods or merchandise owned by an establishment and offered or available for sale or rental to the customers of such establishment.

(Ord. 422 § 4(part), 1998).

17.02.745 - Storage.

"Storage" means a facility, either indoors or outdoors or a combination thereof, for the keeping of any items of personal property which are not being held for immediate use, sale, rental or distribution. The term includes establishments providing self-storage lockers, records archiving services, and outdoor storage of boats, trailers, and recreational vehicles.

(Ord. 422 § 4(part), 1998).

"Storefront" means a use that provides goods and services at street level, encourages pedestrian access from the street, and typically, through plate glass windows or displays, provides visual access from the street to the goods or services offered within.

(Ord. 462 § 1, 2002).

17.02.748 - Streamlined housing development project.

"Streamlined housing development project" shall mean a housing development project subject to a streamlined ministerial approval process pursuant to California Government Code § 65913.4, or successor provisions.

(Ord. No. 669, § 1, 5-19-22)

17.02.750 - Street.

"Street" means a right-of-way for motor vehicles providing a means of access to two (2) or more sites.

A.

"Public street" means a street owned and maintained by the city, the county, the state, or any other governmental agency, including streets which have been regularly maintained or improved by the city.

B.

"Private street" means a street in private ownership approved by the city for motor vehicle travel by the owners of the street and persons having express or implied permission from the owners to use such street.

(Ord. 422 § 4(part), 1998).

17.02.755 - Structure.

"Structure" means anything that is built or constructed and requires a location on the ground, including a building or edifice of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. The term includes retaining walls, decks and swimming pools, but does not include a fence or a wall used as a fence not exceeding six (6) feet in height and does not include driveways, sidewalks and patios constructed on grade.

A.

"Principal or primary structure" means a structure housing the principal use of a site or functioning as the principal use.

B.

"Accessory structure" means a structure detached from the principal structure located on the same site, the use of which is subordinate and incidental to, and customarily associated with, the principal structure or the principal use of the site and which does not contain sleeping quarters.

(Ord. 422 § 4(part), 1998).

17.02.760 - Subdivision ordinance.

"Subdivision ordinance" means the Subdivision ordinance of the City of Brisbane, as set forth in Title 16 of the Brisbane Municipal Code.

(Ord. 422 § 4(part), 1998).

17.02.770 - Use.

"Use" means the purpose or activity for which land or buildings are designed, arranged, or intended or for which land or buildings are occupied or maintained.

A.

"Principal or primary use" means a use which fulfills the primary or predominant function of a site or structure.

B.

"Accessory use" means a use which is subordinate and incidental to, and customarily associated with, a specified principal use, and which is conducted on the same site as the principal use.

C.

"Permitted use" means a use listed by the regulations of the particular district as a permitted use within that district, and generally permitted therein as a matter of right when conducted in accord with the regulations established by this title.

D.

"Conditional use" means a use listed by the regulations of the particular district as a conditional use within that district, and allowable therein solely on a discretionary and conditional basis, subject to the issuance of a conditional use permit and compliance with the regulations established by this title.

E.

"Temporary use" means a use established for a limited duration with the intent to discontinue such use upon the expiration of the time period.

(Ord. 422 § 4(part), 1998).

"Veterinary clinic" means an establishment where medical care is provided for domestic animals, including, but not limited to, dogs, cats, birds and rabbits. The use may include limited overnight accommodations within the building for sick animals.

(Ord. 422 § 4(part), 1998).

"Warehousing" means an establishment engaged in the storage, wholesale and distribution of manufactured products, supplies or equipment. Warehousing does not include warehousing of cannabis or cannabis products. See Section 17.02.109(C), Cannabis warehousing.

(Ord. 422 § 4(part), 1998).

(Ord. No. 617, § 8, 9-7-17)

17.02.800 - Wholesale.

"Wholesale" means the sale and distribution of goods to resellers.

(Ord. 422 § 4(part), 1998).

"Wildland interface" means an area between developed and substantially undeveloped land where fire utilizing natural vegetation as fuel begins to consume the adjacent structures or buildings, or where fire fueled by structures or buildings begins to consume the adjacent natural vegetation.

(Ord. 422 § 4(part), 1998).

Chapter 17.04 - ESTABLISHMENT OF ZONING DISTRICTS

The districts into which the city is divided are hereby established and designated as follows:

A.

R-1 Residential district.

B.

R-2 Residential district.

C.

R-3 Residential district.

D.

R-BA: Brisbane acres residential district.

E.

R-TUO Residential two unit overlay district.

F.

C-1: Commercial mixed use district.

G.

NCRO: Central Brisbane commercial district.

H.

HC: Beatty heavy commercial district.

I.

SCRO-1: Southwest Bayshore commercial district.

J.

SP-CRO: Sierra Point commercial district.

K.

TC-1: Crocker Park trade commercial district.

L.

TC-2: Southeast Bayshore trade commercial district.

M.

MLB: Marsh Lagoon Bayfront district.

N.

O-S: Open space district.

O.

P-D: Planned development district.

P.

PAOZ: Parkside overlay district.

Q.

R-MHP: Residential mobile home park district.

(Ord. 503 § 2, 2005: Ord. 481 § 3, 2003: Ord. 463 § 5(part), 2002).

(Ord. No. 623, § 1, 1-4-18; Ord. No. 624, § 2, 2-1-18; Ord. No. 630, § 1, 12-6-18; Ord. No. 693, § 6, 12-524)

17.04.020 - Zoning map and district boundaries.

A.

The zoning map referred to in Section 17.01.010, and all amendments and changes thereto, and all legends, symbols, notations, references, and other matters shown thereon, is incorporated herein by reference and constitutes a part of this title.

B.

The boundaries of the districts established by this chapter shall be as shown on the zoning map. All territory within the city is hereby classified into the districts as shown on said map, subject to the specific regulations established by this title for each such district, and all other regulations of this title applicable thereto.

C.

The zoning map, as currently effective, and a record of all amendments and changes thereto, shall be kept on file and maintained as a public record in the office of the planning director.

(Ord. 463 § 5(part), 2002).

(Ord. No. 623, § 1, 1-4-18)

17.04.030 - Use and interpretation of zoning map.

A.

Whenever any uncertainty exists as to the boundary of a district as shown on the zoning map, the following rules shall be applied.

B.

Where a boundary line is indicated as approximately following a street or alley, it shall be construed as following the right-of-way line thereof.

C.

Where a boundary line follows or coincides approximately with a lot line, it shall be construed as following the lot line.

D.

Where a boundary line is not indicated as following a street or alley and does not follow or coincide approximately with a lot line, the boundary line shall be determined by the use of the scale designated on the zoning map.

E.

A symbol, or symbols, indicating the classification of property on the zoning map shall in each instance apply to the whole of the area within the district boundaries.

F.

Where a public street, alley, or right-of-way is officially vacated or abandoned, the regulations applicable to abutting property shall apply equally to each half of such vacated or abandoned street, alley, or right-ofway.

G.

Should any uncertainty remain as to the location or meaning of a boundary or other feature indicated on the zoning map, said location or meaning shall be determined by the planning commission, giving due consideration to the purposes of this title and the district regulations.

(Ord. 463 § 5(part), 2002).

(Ord. No. 623, § 1, 1-4-18)

17.04.040 - Change of zoning map.

All changes in district boundaries or reclassification of territory from one district to another shall be by ordinance, adopted in accordance with Chapter 17.50 of this title, which ordinance shall by its terms amend the zoning map by adoption of a sectional district map.

(Ord. 463 § 5(part), 2002).

(Ord. No. 623, § 1, 1-4-18)

Chapter 17.05 - RESIDENTIAL TWO-UNIT DEVELOPMENT OVERLAY DISTRICT

17.05.010 - Purpose.

The purpose of this chapter is to allow no more than two (2) detached or attached primary dwelling units on one lot of record, establish objective standards for the district, and regulate certain subdivisions of a lot of record in single-family zoning districts, in accordance with state law. This chapter shall be implemented and interpreted in conjunction with California Government Code Sections 65852.21 and 66411.7, as may be amended, and applicable objective standards and procedures set forth in Chapters 17.06, 17.12, 17.43, 16.12, 16.16, and 16.20 of the Brisbane Municipal Code.

(Ord. No. 693, § 7, 12-5-24)

This chapter is provided as an overlay district to the R-1 and portions of the R-BA residential districts as noted below, to comply with state law, and to carry out the purpose of Section 17.05.010, and, unless specifically addressed within this chapter, the R-1 and R-BA district standards shall apply. The provisions of this chapter do not apply to those areas of the R-BA district that have been obtained by the city, or other public agency or trust, for the purposes of protecting endangered species habitat or providing open space for the continuation of such species. Such areas are excluded from the mapped overlay R-TUO district. For the purposes of this chapter, references to the R-BA district shall include only the area included in the mapped R-TUO district.

This chapter also allows for ministerial approval of urban lot splits in conjunction with Chapter 16.16 and 16.20 of this code.

This chapter shall not supersede the provisions of Section 17.01.060, Requirement for lot of record and infrastructure improvements, but applications shall be considered in concert with the provisions of that section.

This chapter may be applied to a substandard lot, as further described in Section 17.32.055, Exceptions— lot area, lot dimensions and lot lines, if the substandard lot is a lot of record, as defined in Section 17.02.490.

(Ord. No. 693, § 7, 12-5-24)

For the purposes of this chapter, the following definitions apply. Terms not defined herein shall be based upon the definitions in Chapter 17.02.

A.

"Access corridor" means an access easement or the "pole" of a flag lot that provides vehicular access to the public right-of-way, that is free of features that obstruct ingress/egress to a lot.

B.

"Acting in concert" means the property owner, or a person as an agent or representative of the property owner, knowingly participating with another person in joint activity or parallel action toward a common goal of subdividing an adjacent parcel.

C.

"Car share facility" means one or more parking space(s) that have been designated permanently for car share vehicles, where the vehicles are leased for short periods of time, often by the hour.

D.

"Department" means the community development department.

E.

"Existing exterior structural wall" means and constitutes the original bottom plate and original top plate in its existing position, original studs (with the exception for new window framing), and capable of standing without support

F.

"Flag or panhandle lot" means a parcel which includes a strip of land that is owned in fee that is used primarily for vehicular access from a public or private street to the major portion of the parcel.

G.

"High quality transit corridor" means a corridor with fixed bus route service with service intervals no longer than fifteen (15) minutes during peak commute hours, or as defined in state law.

H.

"Major transit stop" means a site containing any of the following: (i) an existing rail or bus rapid transit station; (ii) a ferry terminal served by either a bus or rail transit service; or (iii) the intersection of two (2) or more major bus routes with a frequency of service intervals of fifteen (15) minutes or less during the morning and afternoon peak commute periods, or as defined in state law.

I.

"Primary dwelling unit" or "primary unit" means the same as defined in Section 17.02.235(G).

J.

"Specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date an application was deemed complete.

K.

"Two-unit development" means a proposed housing development that contains two (2) primary dwelling units on a single lot.

L.

"Urban lot split" means a subdivision of an existing lot of record in a single-family zoning district into no more than two (2) separate legal lots, which subdivision satisfies all of the criteria and standards set forth in

this chapter and Government Code Section 66411.7.

(Ord. No. 693, § 7, 12-5-24)

A.

To be eligible for a two-unit development or urban lot split as specified in this chapter, the application shall meet all of the following criteria:

1.

The lot is a lot of record and is located within the R-1 Residential zoning district or the R-BA Brisbane Acres Residential zoning district.

2.

The owner(s) of the lot has not exercised the owner's rights under Government Code Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within fifteen (15) years before the date that the application has been submitted.

3.

The lot is not within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.

4.

The lot does not contain any of the site conditions listed in Government Code Section 65913.4, subdivision (a)(6)(B-K), or successor provisions or as amended, which includes, but is not limited to, lands within wetlands, a very high fire hazard severity zone, a special flood hazard area subject to inundation by the one-percent annual chance flood (100-year flood), habitat for protected species, and lands under a conservation easement.

5.

The lot has not previously been subdivided under this chapter, or under Government Code Section 66411.7.

6.

For urban lot splits, prior to a lot split being recorded, the property owner(s) shall sign an affidavit stating that the owner, or a member or members of the owner's immediate family, intends to occupy one of the dwelling units as the person's principal residence for a minimum of three (3) years. This requirement shall not apply to an applicant that is a "community land trust," as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a "qualified nonprofit corporation" as described in Section 214.15 of the Revenue and Taxation Code.

(Ord. No. 693, § 7, 12-5-24)

A.

Development under this chapter shall not result in displacement of tenants from:

1.

A lot that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

2.

A lot that is subject to any form of rent or price control through the city's valid exercise of its police power.

B.

Development under this chapter shall not result in:

1.

Demolition or alteration as defined in Section 15.10.040(A) or (B) of a dwelling unit that has been occupied by a tenant in the last three (3) years.

2.

Demolition of a building, or alteration as defined in Section 15.10.040(A) or (B), when the building is occupied by a tenant.

(Ord. No. 693, § 7, 12-5-24)

The following uses, defined in Chapter 17.02, Definitions, are permitted in this overlay zoning district in accordance with the development standards and are added to the permitted uses provided in Chapters 17.06, R-1 Residential District, and 17.12, R-BA Brisbane Acres Residential District, of this title:

A.

Duplex dwellings.

B.

Dwelling groups of two (2) primary dwelling units per lot.

(Ord. No. 693, § 7, 12-5-24)

17.05.070 - Two-unit developments without an urban lot split.

A two-unit development on a lot of record that has not been split under the urban lot split provisions of this chapter shall comply with the development standards provided in this section.

A.

Development Standards. Where not expressly stated, the R-1 and R-BA zoning district development standards, set forth in Chapters 17.06 and 17.12, and ADU and JADU development standards set forth in Chapter 17.43, shall apply. For urban lot split development standards see Section 17.05.080(C).

1.

Number of Dwelling Units. Development of up to four (4) dwelling units may be built in the same lot area typically used for a single-family residence, without an urban lot split, as follows:

Notes:

1. NA: Not applicable. Development of a single-family dwelling on a lot of record may be permitted per the zoning district standards, provided in Chapter 17.06 and 17.12, without invoking the two-unit overlay provisions.

2. See Chapter 17.43 for applicable development regulations for ADUs or JADUs.

3. Four (4) units are the maximum that may be permitted on a lot.

4. If Types A through D are initially developed, one or two (2) ADUs may later be added up to the maximum allowed, Types E or F, subject to the provisions of this chapter.

2.

Primary Dwelling Unit Size. Each of the primary dwelling units shall be permitted to be at least eight hundred (800) square feet in floor area, regardless of the zoning district's lot coverage and floor area ratio (FAR) limits. For primary dwelling units over eight hundred (800) square feet, the zoning district floor area standards shall apply; provided, however, this shall not preclude the option to construct smaller primary dwelling units in compliance with the state building code. The minimum floor area for each unit shall be as permitted by the state building code.

Lot Coverage. The R-1 or R-BA district lot coverage limit shall apply except where it would preclude development of new primary units of eight hundred (800) square feet, or retention of the lot coverage of an existing primary unit or addition of accessory dwelling unit, in compliance with the provisions of this chapter and Chapter 17.43 of this title.

4.

Side and Rear Setbacks. Minimum side and rear setbacks for the primary dwelling units shall be four (4) feet, except for the following:

(a)

Where the underlying district development standards allow for a lesser setback, the district standards shall apply.

(b)

No setback shall be required for an existing legal non-conforming structure, or a replacement structure constructed in the same location and to the same dimensions as an existing legal non-conforming structure.

5.

Height of Primary Dwelling Units.

(a)

Where a primary dwelling unit utilizes the four-foot side or rear setback allowance, for a reduced setback versus the district's setback, no portion of the building that is located in the area between the four-foot setback and the district's setback minimum shall exceed twenty-five (25) feet in height.

(b)

The maximum height of any primary dwelling unit on a ridgeline lot within the R-BA district, as defined in Section 17.02.695, shall be twenty-five (25) feet, except for (i) an existing legal non-conforming structure, (ii) a replacement structure constructed in the same location and to the same dimensions as an existing legal non-conforming structure, or (iii) as approved by design review permit per Section 17.12.040(L).

6.

Off-Street Parking.

(a)

A minimum of one standard size, off-street parking space (uncovered or carport) for each primary dwelling unit shall be required (refer to Chapter 17.34 for parking space design standards). Garage parking space(s) shall not count towards meeting the minimum parking requirements.

(b)

Shared driveways may be permitted to serve more than one dwelling unit, subject to approval by the city engineer, based on finding that a shared driveway will not pose a hazard to public safety. See the definition of driveway in Section 17.02.220 of this title.

(c)

Notwithstanding the parking requirements indicated above, no off-street parking shall be required if:

(i)

The lot is located within one-half-mile walking distance of either a transit stop located in a high-quality transit corridor, as defined in Public Resources Code Section 21155(b), or a major transit stop, as defined in Public Resources Code Section 21064.3; or

(ii)

There is a designated parking area for one or more car-share facilities within one block of the lot.

(Ord. No. 693, § 7, 12-5-24)

17.05.080 - Urban lot splits.

The city may approve a parcel map for an urban lot split ministerially, subject to the procedures, requirements and development standards provided in this section.

A.

Ministerial Parcel Map Procedures. The parcel map shall be prepared following the tentative map form and procedures provided in Chapter 16.16, Tentative Map Procedures, and Chapter 16.20, Final Map Procedures, except that the parcel map shall be approved by the city engineer. The city engineer shall have authority to waive specific requirements provided in Chapter 16.16 and Chapter 16.20, if the city engineer deems the requirements inapplicable, given the site location or other characteristics.

B.

Ministerial Parcel Map Requirements. A parcel map for an urban lot split shall meet the requirements of Chapter[s] 16.16 and 16.20 of the Municipal Code, as deemed applicable by the city engineer, and all of the following requirements:

1.

The parcel map subdivides an existing lot of record to create no more than two (2) legal lots of record of approximately equal lot area provided that one lot shall not be smaller than forty (40) percent of the lot area of the original lot of record proposed for subdivision.

2.

Both newly created lots of record shall be no smaller than one thousand two hundred (1,200) square feet.

3.

The zoning district lot width and depth dimension minimums shall not apply.

4.

Flag lots may be approved. The flagpole portion, whether part of the flag lot or an easement on the flag lot, shall have a minimum width of twelve (12) feet to accommodate a driveway, unless a lesser width is approved by the city engineer. The location and dimensions of driveways are subject to approval by the city engineer as set forth in Section 12.24.015.

5.

Both parcels resulting from the urban lot split shall have access to, provide access to, or adjoin the public right-of-way through right-of-way frontage or recorded access easements.

6.

The approved parcel map shall include a notation that the parcels were created using the urban lot split provisions of this chapter and the resulting parcels cannot be further subdivided under this chapter.

7.

The urban lot split conforms to all applicable objective requirements of the Subdivision Map Act, except as otherwise expressly provided in this chapter.

8.

The parcel being subdivided was not established through prior exercise of an urban lot split as provided for in this chapter.

9.

Neither the property owner of the parcel being subdivided nor any person acting in concert with the property owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this chapter.

C.

Development Standards for Urban Lot Splits. Development on lots that have been split under this chapter shall comply with the development standards provided in this section. Where not expressly stated, the R-1 and R-BA zoning district development standards, set forth in Chapters 17.06 and 17.12, and ADU and JADU development standards set forth in Chapter 17.43, shall apply.

1.

Number of Dwelling Units. With an urban lot split, development of no more than four (4) dwelling units may be built in the same lot area that would otherwise be used for a single-family residence, as shown in Tables a and b provided below. Note that Tables a and b are to be used together to detail possible development scenarios following an urban lot split. Table a provides various development scenarios that are possible on a single lot, following a lot split, as Types A through I. Table b shows how the scenario types may then be combined for the two (2) resultant lots. For example, if one resultant lot is developed with three (3) units

that Tables a and b are to be used together to detail possible development scenarios following an urban lot split. Table a provides various development scenarios that are possible on a single lot, following a lot split, as Types A through I. Table b shows how the scenario types may then be combined for the two (2) resultant lots. For example, if one resultant lot is developed with three (3) units

(Types F, G, H or I), the second resultant lot may only be developed with a single family dwelling (Type A), for a maximum of four (4) units on the two (2) resultant lots.

a.

Number and Types of Units—With Urban Lot Split.

Notes:

1. Urban lot splits may utilize a combination of buildout types A - H, provided that all of the following conditions are met: a) the total number of units does not exceed four (4) across the two (2) lots, b) each of the two (2) lots is to be developed with at least one primary dwelling unit, and c) development of ADUs and JADUs shall comply with Chapter 17.43.

2. JADUs are not permitted as a part of building that contains two (2) or more units (i.e. duplex).

b.

Lot Split—Resulting Lot Buildout Scenarios. The following table shows the total units that may be achieved by applying the development scenario options from Table 17.05.080(C)(1)(a) to the two (2) resultant lots.

Type I (3) 4 NP NP NP NP NP NP NP NP

Note: NP: Not Permitted for the buildout scenario. Buildout scenario may not exceed four (4)units.

2.

Primary Dwelling Unit Size. Each of the primary dwelling units shall be permitted to be at least eight hundred (800) square feet in floor area, regardless of the zoning district's lot coverage and floor area ratio (FAR) limits. For primary dwelling units over eight hundred (800) square feet, the zoning district floor area standards shall apply; provided, however, this shall not preclude the option to construct smaller primary dwelling units in compliance with the state building code. The minimum floor area for each unit shall be as permitted by the state building code.

3.

Lot Coverage. The zoning district's lot coverage limit shall not apply where it would preclude development of new primary units of at least eight hundred (800) square feet, retention of the lot coverage of an existing primary unit or addition of accessory dwelling unit, in compliance with the provisions of this chapter and Chapter 17.43 of this title.

4.

Side and Rear Setbacks. Minimum side and rear setbacks for the primary dwelling units shall be four (4) feet, except for the following:

(a)

Where the underlying zoning district development standards allow for a lesser setback, the district standards shall prevail.

(b)

No setback shall be required for an existing legal non-conforming structure, or a replacement structure constructed in the same location and to the same dimensions as an existing legal non-conforming structure.

5.

Height of Primary Units.

(a)

Where a primary dwelling unit utilizes the four-foot side or rear setback allowance, for a reduced setback versus the district's setback, no portion of the building that is located in the area between the four-foot setback and the district's setback minimum shall exceed twenty-five (25) feet in height.

(b)

The maximum height of any primary dwelling unit on a ridgeline lot within the R-BA district, as defined in Section 17.02.695, shall be twenty-five (25) feet, except for (i) an existing legal non-conforming structure, (ii) a replacement structure constructed in the same location and to the same dimensions as an existing legal non-conforming structure, or (iii) as approved by design permit per Section 17.12.040(L).

6.

Off-Street Parking.

(a)

A minimum of one standard size, off-street parking space (uncovered or carport) for each primary dwelling unit shall be required (refer to Chapter 17.34 for parking space design standards). Garage parking space(s) shall not count towards meeting the minimum parking requirements.

(b)

Shared driveways may be permitted to serve more than one lot, subject to approval by the city engineer, based on finding that the driveway will not pose a hazard to public safety. See the definition of driveway in Section 17.02.220 of this title.

(c)

Notwithstanding the parking requirements indicated above, no off-street parking shall be required if:

(i)

The lot is located within one-half-mile walking distance of either a transit stop located in a high-quality transit corridor, as defined in Public Resources Code Section 21155(b), or a major transit stop, as defined in Public Resources Code Section 21064.3; or

(ii)

There is a designated parking area for one or more car-share facilities within one block of the parcel.

7.

Deed Restriction. A property owner utilizing the provisions of this chapter shall record a deed restriction, in a form acceptable to the city, that does the following:

(a)

Where applicable, documents that the lot split complies with the provisions of this chapter and restrictions provided in Government Code Section 66411.7.

(b)

Expressly prohibits any rental of any dwelling unit on the property or properties for a term of thirty (30) days or less.

(Ord. No. 693, § 7, 12-5-24)

Demolition, alteration or construction of any building shall require building permit(s). All construction shall be in conformance with the most recent edition of the California Model Codes with any applicable Brisbane amendments.

(Ord. No. 693, § 7, 12-5-24)

Upon issuance of a building permit for a two-unit development under Section 17.05.070 or a building permit following an urban lot split under Section 17.05.080, the city shall provide an informational notice to the property owners adjacent to and directly across the street from the subject site(s). The notice shall provide a brief description of the project and information on how to view approved plans.

(Ord. No. 693, § 7, 12-5-24)

Condominiums may be established for primary dwelling units in accordance with Chapter 17.30, Condominiums. Establishment of condominiums shall be subject to ministerial approval by the community development director, based on conformance with the applicable provisions of this chapter and Chapter 17.30.

(Ord. No. 693, § 7, 12-5-24)

17.05.120 - Findings of Denial.

The city may deny a two-unit housing development or urban lot split, based upon a preponderance of the evidence, that the proposed housing development would have a specific, adverse impact, as defined in Section 17.05.030(J).

(Ord. No. 693, § 7, 12-5-24)

Chapter 17.06 - R-1 RESIDENTIAL DISTRICT

In addition to the objectives set forth in Section 17.01.030, the R-1 Residential district (hereinafter referred to as the "R-1 district") is included in the Zoning Ordinance to achieve the following purposes:

A.

To provide a district for single-family dwellings.

B.

To ensure that new residential development is compatible with the existing single-family character of the R- 1 district and also reflects the diversity of the community.

C.

To ensure adequate light, air, space, fire safety, quiet, and privacy for single-family residential uses.

D.

To protect single-family residential properties from the hazards, noise, traffic, and other impacts created by commercial uses.

E.

To implement and promote the goals and policies of the general plan so as to guide and manage residential development in the city in accordance with such plan.

(Ord. 463 § 6(part), 2002).

The following permitted uses shall be allowed in the R-1 district:

A.

Single-family dwellings.

B.

Accessory structures and uses incidental to a permitted use, including personal cultivation of cannabis in compliance with Title 8, Chapter 8.12.

C.

Home occupations, conducted in accordance with the regulations prescribed in Chapter 17.44 of this title.

D.

Small family day care homes.

E.

Large family day care homes.

F.

Accessory dwelling units and junior accessory dwelling units, in accordance with Chapter 17.43 of this title.

(Ord. 463 § 6(part), 2002; Ord. 479 § 2, 2003; Ord. No. 617, § 9, 9-7-17; Ord. No. 653, § 8, 10-15-20; Ord. No. 665, § 2, 11-4-21)

The following conditional uses may be allowed in the R-1 district, upon the granting of a use permit pursuant to Chapter 17.40 of this title:

A.

Cultural facilities.

B.

Day care centers.

C.

Educational facilities.

D.

Group care homes.

E.

Meeting halls.

F.

Mobile home parks.

G.

Places of worship.

(Ord. 463 § 6(part), 2002; Ord. 479 § 3, 2003; Ord. No. 665, § 2, 11-4-21)

17.06.040 - Development regulations.

The following development regulations shall apply to any lot in the R-1 district:

A.

Lot Area.

The minimum area of any lot shall be five thousand (5,000) square feet.

2.

A single-family dwelling may be constructed on a lot of record with an area of less than five thousand (5,000) square feet, subject to the provisions of this chapter and the limitations set forth in Section 17.32.100.

B.

Density of Development. Not more than one single-family dwelling shall be located on each lot in the R-1 district.

C.

Lot Dimensions. The minimum dimensions of any lot shall be as follows:

D.

Setbacks. The minimum required setbacks for any lot, except as provided in Section 17.32.070, shall be as follows:

1.

Front setback: Fifteen (15) feet, with the following exceptions:

a.

Where the lot has a slope of fifteen percent (15%) or greater, the minimum front setback may be reduced to ten (10) feet.

b.

Where fifty percent (50%) or more of the lots of record in a block have been improved with single-family dwellings, the minimum front setback may be the average distance of the front outside wall of the singlefamily structures from the front lot line, if less than fifteen (15) feet. Notwithstanding the foregoing, the minimum front setback for garages or carports shall be ten (10) feet, except where a lesser distance is determined by the city engineer to be safe in terms of pedestrian and vehicular traffic.

2.

Side setback: Five (5) feet, with the exception that a lot having a width of less than fifty (50) feet may have a side setback reduced to ten percent (10%) of the lot width, but in no event less than three (3) feet or the minimum setback required by the Uniform Building Code, whichever is greater. Notwithstanding the foregoing, the minimum side setback for garages or carports accessed from a street or alley along that side of the lot shall be ten (10) feet, except where a lesser distance is determined by the city engineer to be safe in terms of pedestrian and vehicular traffic.

3.

Rear setback: Ten (10) feet.

E.

Lot Coverage. The maximum coverage by all structures on any lot shall be forty percent (40%).

F.

Floor Area Ratio. The maximum floor area ratio for all buildings on a lot shall be 0.72. Where the size of the lot is three thousand seven hundred (3,700) square feet or less, one covered parking space designed to accommodate a full-size automobile shall be excluded from the calculation of floor area ratio; provided, however, such exclusion shall not exceed a total area of two hundred (200) square feet.

G.

Height of Structures.

1.

Except as otherwise provided in paragraph 2 of this subsection G. and in Section 17.32.060, the maximum height of any structure shall be as follows:

a.

Twenty-eight (28) feet, for lots having a slope of less than twenty percent (20%); or

b.

Thirty (30) feet, for lots having a slope of twenty percent (20%) or more.

2.

For a distance of fifteen (15) feet from the front lot line, the height of any structure shall not exceed twenty (20) feet as measured from finish grade; provided, however, garages and carports may be constructed to a height of fifteen (15) feet above the elevation of the center of the adjacent street when permitted by Section 17.32.070 of this title. A garage or carport in compliance with this subsection may exceed a height of thirty (30) feet, but the height of any permitted living area underneath shall not exceed thirty (30) feet from finish grade.

H.

Articulation Requirements. Unless exempted, outside walls that are greater in size than twenty (20) feet in width and twenty (20) feet in height shall have a cumulative area of articulation as follows:

1.

Front outside wall: Thirty percent (30%) articulation.

2.

Side outside walls:

a.

Interior side outside wall: No articulation requirement.

b.

Exterior side outside wall: Where the structure is located on a lot having an average width of forty (40) feet or greater, the articulation requirement for the exterior side outside wall shall be twenty percent (20%). No articulation shall be required for the exterior side outside wall of structures located on lots having an average width of less than forty (40) feet.

3.

Rear outside wall: Thirty percent (30%) articulation.

4.

Exemptions: Single story two (2) car garages and accessory structures not exceeding a floor area of one hundred twenty (120) square feet shall be exempted from all articulation requirements.

I.

Landscaping Requirements.

1.

Front Setback. A minimum of fifteen percent (15%) of the front setback area shall be landscaped where the lot has a front lot line of thirty (30) feet or greater.

2.

Downslope Lots. The rear of any newly constructed main structure on a downslope lot shall be screened with trees and shrubs in accordance with a landscape plan approved by the planning director.

3.

Irrigated Landscapes. New and rehabilitated, irrigated landscapes are subject to the provisions of the water conservation in landscaping ordinance (refer to Chapter 15.70) or the latest state provisions, whichever is more effective in conserving water.

J.

Nonconforming Residential Structures and Uses. Nonconforming residential structures and nonconforming residential uses, as defined in Section 17.02.560, may be repaired, restored, reconstructed, enlarged or expanded in accordance with the provisions of Chapters 17.38 and 17.34 of this title.

K.

Recycling Area Requirements. For new subdivisions containing an area where solid waste is collected and loaded in a location which serves five (5) or more living units, adequate, accessible and convenient areas for depositing, collecting and loading recyclable materials in receptacles shall be provided to serve the needs of the living units which utilize the area. This requirement shall also apply to all institutional buildings and city facilities (including buildings, structures, and outdoor recreation areas owned by the city) where solid waste is collected and loaded. The area shall be located and fully enclosed so as to adequately protect neighboring uses from adverse impacts such as noise, odor, vectors, wind-blown litter or glare. The area shall be designed to prevent storm water run-on to the area and runoff from the area, and roofs shall

be designed to drain away from neighboring properties. A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein shall be posted adjacent to all points of direct access to the area.

(Ord. 485 § 1, 2004; Ord. 463 § 6(part), 2002).

(Ord. No. 548, § 1, 11-1-10; Ord. No. 556, § 6, 2-22-11; Ord. No. 576, § 1, 5-19-16; Ord. No. 607, § 2, 4-716; Ord. No. 653, § 9, 10-15-20)

17.06.050 - Parking.

All uses in the R-1 district shall comply with the parking regulations set forth in Chapter 17.34 of this title.

(Ord. 463 § 6(part), 2002).

17.06.060 - Signs.

All advertising signs in the R-1 district shall comply with the sign regulations set forth in Chapter 17.36 of this title.

(Ord. 463 § 6(part), 2002).

Chapter 17.08 - R-2 RESIDENTIAL DISTRICT

In addition to the objectives set forth in Section 17.01.030, the R-2 residential district (hereinafter referred to as the "R-2 district") is included in the Zoning Ordinance to achieve the following purposes:

A.

To provide a district for single-family, duplex, and low density multiple family dwellings.

B.

To ensure that new residential development is compatible with the existing development and reflects the diversity of the community.

C.

To ensure adequate light, air, space, fire safety, quiet, and privacy for residential uses.

D.

To implement and promote the goals and policies of the general plan so as to guide and manage residential development in the city in accordance with such plan.

(Ord. 463 § 7(part), 2002).

The following permitted uses shall be allowed in the R-2 district:

A.

Single-family dwellings.

B.

Duplexes.

C.

Multiple family dwellings containing not more than six (6) dwelling units.

D.

Dwelling groups.

E.

Accessory structures and uses incidental to a permitted use, including personal cultivation of cannabis in compliance with Title 8, Chapter 8.12.

F.

Home occupations, conducted in accordance with the regulations prescribed in Chapter 17.44 of this title.

G.

Small family day care homes.

H.

Large family day care homes.

I.

Accessory dwelling units and junior accessory dwelling units, in accordance with Chapter 17.43 of this title.

(Ord. 463 § 7(part), 2002; Ord. No. 575, § 3, 12-3-12; Ord. No. 617, § 10, 9-7-17; Ord. No. 626, § 2, 5-1718; Ord. No. 653, § 10, 10-15-20; Ord. No. 665, § 3, 11-4-21)

The following conditional uses may be allowed in the R-2 district, upon the granting of a use permit pursuant to Chapter 17.40 of this title:

A.

Cultural facilities.

B.

Day care centers.

C.

Educational facilities.

D.

Group care homes.

E.

Mobile home parks.

F.

Multiple family dwellings containing seven (7) or more dwelling units.

G.

Meeting halls;

H.

Places of worship.

(Ord. 463 § 7(part), 2002; Ord. No. 575, § 4, 12-3-12; Ord. No. 665, § 3, 11-4-21)

The following development regulations shall apply to any lot in the R-2 district:

A.

Lot Area.

1.

The minimum area of any lot shall be five thousand (5,000) square feet, except as otherwise provided in subsection B of this Section 17.08.040.

2.

A single-family dwelling may be constructed on a lot of record with an area of less than five thousand (5,000) square feet, subject to the provisions of this chapter and the limitations set forth in Section 17.32.100.

3.

Notwithstanding the minimum lot area in paragraph 1 of this subsection A, pursuant to state law, a housing development project of three (3) units, proposed on an existing legal lot of record, shall not be denied solely on the basis that the lot area of that lot does not meet the minimum lot area in paragraph 1.

B.

Density of Development. The minimum lot area for each dwelling unit on the site shall be two thousand five hundred (2,500) square feet; provided, however, a lot having an area of four thousand nine hundred fifty (4,950) square feet or greater shall be considered conforming for a development density of two (2) units, and further provided that pursuant to state law, a housing development project of three (3) units proposed on an existing legal lot of record shall not be denied solely on the basis that the lot area of that lot does not meet the minimum lot area for each dwelling unit.

C.

Lot Dimensions. The minimum dimensions for any new lot shall be as follows:

D.

Setbacks. The minimum required setbacks for any lot, except as provided in Section 17.32.070, shall be as follows:

1.

Front Setback: Fifteen (15) feet, with the following exceptions:

a.

Where the lot has a slope of fifteen percent (15%) or greater, the minimum front setback may be reduced to ten (10) feet.

b.

Where fifty percent (50%) or more of the lots of record in a block have been improved with single-family dwellings, the minimum front setback may be the average distance of the front outside wall of the singlefamily structures from the front lot line, if less than fifteen (15) feet. Notwithstanding the foregoing, the minimum front setback for garages or carports shall be ten (10) feet, except where a lesser distance is determined by the city engineer to be safe in terms of pedestrian and vehicular traffic.

2.

Side Setback: Five (5) feet, with the exception that a lot having a width of less than fifty (50) feet may have a side setback reduced to ten percent (10%) of the lot width, but in no event less than three (3) feet or the minimum setback required by the Uniform Building Code, whichever is greater. Notwithstanding the foregoing, the minimum side setback for garages, or carports accessed from a street or alley along that side of the lot shall be ten (10) feet, except where a lesser distance is determined by the city engineer to be safe in terms of pedestrian and vehicular traffic.

Rear Setback: Ten (10) feet.

E.

Lot Coverage. The maximum coverage by all structures on any lot shall be fifty percent (50%); except that, pursuant to state law, the maximum lot coverage shall not preclude a housing development project of at least three (3) units but not more than ten (10) units, if exceeding the maximum coverage is required to allow for development up to the floor area ratio maximum, as that ratio is determined by the building official; in such instance, no variance shall be required in order for the lot to exceed the maximum coverage.

F.

Floor Area Ratio. The maximum floor area ratio for all buildings on a lot shall be as follows:

1.

Single family dwellings, duplexes and two-unit dwelling groups shall have a maximum floor area ratio of 0.72, with the following exceptions:

a.

In the case of single-family dwellings, where the size of the lot is three thousand seven hundred (3,700) square feet or less, one covered parking space designed to accommodate a full-size automobile shall be excluded from the calculation of floor area ratio; provided, however, such exclusion shall not exceed a total area of two hundred (200) square feet.

b.

In the case of duplexes and two-unit dwelling groups, the area of all covered parking spaces required to be provided for the site shall be excluded from the calculation of floor area ratio; provided, however, such exclusion shall not exceed a total area of four hundred (400) square feet per unit.

2.

Multiple-family development shall have the following maximum floor area ratios:

a.

Developments of three (3) to seven (7) units shall have a maximum floor area ratio of 1.0.

b.

Developments of eight (8) to ten (10) units shall have a maximum floor area ratio of 1.25.

c.

Developments of eleven (11) units or more shall have a maximum floor area ratio of 0.72; except that the area of all covered parking spaces required to be provided for the site shall be excluded from the

calculation of floor area ratio; provided, however, such exclusion shall not exceed a total area of four hundred (400) square feet per unit.

G.

Height of Structures.

1.

Except as otherwise provided in paragraph 2 of this subsection G and in Section 17.32.060, the maximum height of any structure shall be thirty-six (36) feet.

2.

For a distance of fifteen (15) feet from the front lot line, the height of any structure shall not exceed twenty (20) feet as measured from finish grade; provided, however, garages and carports may be constructed to a height of fifteen (15) feet above the elevation of the center of the adjacent street when permitted by Section 17.32.070 of this title. On a downslope lot, a garage or carport in compliance with this subsection may exceed a height of thirty-six (36) feet, and the height of any permitted living area underneath the garage or carport shall not exceed thirty-six (36) feet from finish grade.

H.

Articulation Requirements. Unless exempted, outside walls that are greater in size than twenty (20) feet in width and twenty (20) feet in height shall have a cumulative area of articulation as follows:

1.

Front Outside Wall: Thirty percent (30%) articulation.

2.

Side Outside Walls:

a.

Interior Side Outside Wall: No articulation requirement.

b.

Exterior Side Outside Wall: Where the structure is located on a lot having an average width of forty (40) feet or greater, the articulation requirement for the exterior side outside wall shall be twenty percent (20%). No articulation shall be required for the exterior side outside wall of structures located on lots having an average width of less than forty (40) feet.

3.

Rear Outside Wall: Thirty percent (30%) articulation.

Exemptions: Single-story two (2) car garages and accessory structures not exceeding a floor area of one hundred twenty (120) square feet shall be exempted from all articulation requirements.

I.

Landscaping Requirements.

1.

Front Setback. A minimum of fifteen percent (15%) of the front setback area shall be landscaped where the lot has a front lot line of thirty (30) feet or greater.

2.

Downslope Lots. The rear of any newly constructed main structure on a downslope lot shall be screened with trees and shrubs in accordance with a landscape plan approved by the planning director.

3.

Irrigated Landscapes. New and rehabilitated, irrigated landscapes are subject to the provisions of the water conservation in landscaping ordinance (refer to Chapter 15.70) or the latest state provisions, whichever is more effective in conserving water.

J.

Nonconforming Residential Structures and Uses. Nonconforming residential structures and nonconforming residential uses, as defined in Section 17.02.560, may be repaired, restored, reconstructed, enlarged or expanded in accordance with the provisions of Chapters 17.38 and 17.34 of this title.

K.

Recycling Area Requirements:

1.

Adequate, accessible and convenient areas for depositing, collecting and loading recyclable materials in receptacles shall be provided. The area shall be located and fully enclosed so as to adequately protect neighboring uses from adverse impacts such as noise, odor, vectors, wind-blown litter or glare. The area shall be designed to prevent storm water run-on to the area and runoff from the area, and roofs shall be designed to drain away from neighboring properties. A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein shall be posted adjacent to all points of direct access to the area.

2.

This requirement shall apply to all new residential buildings having five (5) or more living units, institutional buildings and city facilities (including buildings, structures, and outdoor recreation areas owned by the city) where solid waste is collected and loaded. This requirement shall also apply to such existing developments for which building permit applications are submitted within a twelve-month period collectively adding thirty percent (30%) or more to the existing floor area of the development project.

(Ord. 485 § 2, 2004; Ord. 463 § 7(part), 2002).

(Ord. No. 548, § 2, 11-1-10; Ord. NO. 556, § 7, 2-22-11; Ord. No. 576, § 2, 5-19-16; Ord. No. 607, § 3, 4-716; Ord. No. 653, § 11, 10-15-20; Ord. No. 695, § 1, 4-17-25)

A design permit issued pursuant to Chapter 17.42 of this title shall be required for every main structure to be constructed on a lot within an R-2 district, with the exception of single-family dwellings and duplexes.

(Ord. 463 § 7(part), 2002).

17.08.060 - Parking.

All uses in the R-2 district shall comply with the parking regulations set forth in Chapter 17.34 of this title.

(Ord. 463 § 7(part), 2002).

17.08.070 - Signs.

All advertising signs in the R-2 district shall comply with the sign regulations set forth in Chapter 17.36 of this title.

(Ord. 463 § 7(part), 2002).

Chapter 17.10 - R-3 RESIDENTIAL DISTRICT

In addition to the objectives set forth in Section 17.01.030, the R-3 residential district (hereinafter referred to as the "R-3 district") is included in the Zoning Ordinance to achieve the following purposes:

A.

To provide a district for multiple-family dwellings;

B.

To ensure that new residential development is compatible with the existing development and reflects the diversity of the community;

C.

To ensure adequate light, air, space, fire safety, quiet, and privacy for residential uses;

D.

To implement and promote the goals and policies of the general plan so as to guide and manage residential development in the city in accordance with such plan.

(Ord. 463 § 8(part), 2002).

The following permitted uses shall be allowed in the R-3 district:

A.

Multiple-family dwellings.

B.

Single-family dwellings.

C.

Duplexes.

D.

Dwelling groups.

E.

Accessory structures and uses incidental to a permitted use, including personal cultivation of cannabis in compliance with Title 8, Chapter 8.12.

F.

Home occupations, conducted in accordance with the regulations prescribed in Chapter 17.44 of this title.

G.

Small family day care homes.

H.

Large family day care homes.

I.

Accessory dwelling units and junior accessory dwelling units, in accordance with Chapter 17.43 of this title.

(Ord. 463 § 8(part), 2002; Ord. No. 575, § 5, 12-3-12; Ord. No. 617, § 11, 9-7-17; Ord. No. 626, § 3, 5-1718; Ord. No. 653, § 12, 10-15-20; Ord. No. 665, § 4, 11-4-21)

The following conditional uses may be allowed in the R-3 district, upon the granting of a use permit pursuant to Chapter 17.40 of this title:

A.

Cultural facilities.

B.

Day care centers.

C.

Educational facilities.

D.

Group care homes.

E.

Mobile home parks.

F.

Meeting halls.

G.

Places of worship.

(Ord. 463 § 8(part), 2002; Ord. No. 575, § 6, 12-3-12; Ord. No. 665, § 4, 11-4-21)

17.10.040 - Development regulations.

The following development regulations shall apply to any lot in the R-3 district:

A.

Lot Area.

1.

The minimum area of any lot shall be five thousand (5,000) square feet, except as otherwise provided in subsection B of this section.

2.

A single-family dwelling may be constructed on a lot of record with an area of less than five thousand (5,000) square feet, subject to the provisions of this chapter and the limitations set forth in Section 17.32.100.

3.

Notwithstanding the minimum lot area in paragraph 1 of this subsection A, pursuant to state law, a housing development project of three (3) units, proposed on an existing legal lot of record, shall not be denied solely on the basis that the lot area of that lot does not meet the minimum lot area in paragraph 1.

B.

Density of Development. The minimum lot area for each dwelling unit on the site shall be one thousand five hundred (1,500) square feet; provided, however, a lot having an area of four thousand nine hundred fifty (4,950) square feet or greater shall be considered conforming for a development density of three (3) units, and further provided that pursuant to state law, a housing development project of three (3) units proposed on an existing legal lot of record shall not be denied solely on the basis that the lot area of that existing lot does not meet the minimum lot area for each dwelling unit.

C.

Lot Dimensions. The minimum dimensions for any new lot shall be as follows:

D.

Setbacks. The minimum required setbacks for any lot, except as provided in Section 17.32.070, shall be as follows:

1.

Front Setback: Fifteen (15) feet, with the following exceptions:

a.

Where the lot has a slope of fifteen percent (15%) or greater, the minimum front setback may be reduced to ten (10) feet.

b.

Where fifty percent (50%) or more of the lots of record in a block have been improved with single-family dwellings, the minimum front setback may be the average distance of the front outside wall of the singlefamily structures from the front lot line, if less than fifteen (15) feet. Notwithstanding the foregoing, the minimum front setback for garages or carports shall be ten (10) feet, except where a lesser distance is determined by the city engineer to be safe in terms of pedestrian and vehicular traffic.

2.

Side Setback: Five (5) feet, with the exception that a lot having a width of less than fifty (50) feet may have a side setback reduced to ten percent (10%) of the lot width, but in no event less than three (3) feet or the minimum setback required by the Uniform Building Code, whichever is greater. Notwithstanding the foregoing, the minimum side setback for garages, or carports accessed from a street or alley along that side of the lot shall be ten (10) feet, except where a lesser distance is determined by the city engineer to be safe in terms of pedestrian and vehicular traffic.

Rear Setback: Ten (10) feet.

4.

Garage Setback: Eighteen (18) feet, with the following exceptions:

a.

If paragraph 1.a or 1.b of this subsection D applies, then the garage shall be setback three (3) feet behind the front wall of the main structure.

b.

If the garage setback exemptions set forth in Section 17.32.070(A)(3)(a) of this title apply, the regulations of that section shall prevail.

E.

Lot Coverage. The maximum coverage by all structures on any lot shall be sixty percent (60%); except that, pursuant to state law, the maximum lot coverage shall not preclude a housing development project of at least three (3) units but not more than ten (10) units, if exceeding the maximum coverage is required to allow for development up to the maximum floor area ratio, as that ratio is determined by the building official; in such instance, no variance shall be required.

F.

Floor Area Ratio. The maximum floor area ratio for all buildings on a lot shall be as follows:

1.

Single-family dwellings, duplexes and two-unit dwelling groups shall have a maximum floor area ratio of 0.72, with the following exceptions:

a.

In the case of single-family dwellings, where the size of the lot is three thousand seven hundred (3,700) square feet or less, one covered parking space designed to accommodate a full-size automobile shall be excluded from the calculation of floor area ratio; provided, however, such exclusion shall not exceed a total area of two hundred (200) square feet.

b.

In the case of duplexes and two-unit dwelling groups, the area of all covered parking spaces required to be provided for the site shall be excluded from the calculation of floor area ratio; provided, however, such exclusion shall not exceed a total area of four hundred (400) square feet per unit.

2.

Multiple-family development shall have the maximum floor area ratios:

a.

Developments of three (3) to seven (7) units shall have a maximum floor area ratio of 1.0.

b.

Developments of eight (8) to ten (10) units shall have a maximum floor area ratio of 1.25.

c.

Developments of eleven (11) units or more shall have a maximum floor area ratio of 0.72; except that the area of all covered parking spaces required to be provided for the site shall be excluded from the calculation of floor area ratio; provided, however, such exclusion shall not exceed a total area of four hundred (400) square feet per unit.

G.

Height of Structures.

1.

Except as otherwise provided in paragraph 2 of this subsection G and in Section 17.32.060, the maximum height of any structure shall be thirty-six (36) feet.

2.

For a distance of fifteen (15) feet from the front lot line, the height of any structure shall not exceed twenty (20) feet as measured from finish grade; provided, however, garages and carports may be constructed to a height of fifteen (15) feet above the elevation of the center of the adjacent street when permitted by Section 17.32.070 of this title. On a downslope lot, a garage or carport in compliance with this subsection may exceed a height of thirty-six (36) feet, but the height of any permitted living area underneath the garage or carport shall not exceed thirty-six (36) feet from finish grade.

H.

Articulation Requirements. Unless exempted, outside walls that are greater in size than twenty (20) feet in width and twenty (20) feet in height shall have a cumulative area of articulation as follows:

1.

Front Outside Wall: Thirty percent (30%) articulation.

2.

Side Outside Walls:

a.

Interior Side Outside Wall: No articulation requirement.

b.

Exterior Side Outside Wall: Where the structure is located on a lot having an average width of forty (40) feet or greater, the articulation requirement for the exterior side outside wall shall be twenty percent (20%). No articulation shall be required for the exterior side outside wall of structures located on lots having an average width of less than forty (40) feet.

3.

Rear Outside Wall: Thirty percent (30%) articulation.

4.

Exemptions: Single story two (2) car garages and accessory structures not exceeding a floor area of one hundred twenty (120) square feet shall be exempted from all articulation requirements.

I.

Landscaping Requirements.

1.

Front Setback. A minimum of fifteen percent (15%) of the front setback area shall be landscaped where the lot has a front lot line of thirty (30) feet or greater.

2.

Downslope Lots. The rear of any newly constructed main structure on a downslope lot shall be screened with trees and shrubs in accordance with a landscape plan approved by the planning director.

3.

Sites with Three (3) or More Units. Not less than ten percent (10%) of the lot area shall be improved with landscaping where three (3) or more dwelling units are located on the same site.

4.

Irrigated Landscapes. New and rehabilitated, irrigated landscapes are subject to the provisions of the water conservation in landscaping ordinance (refer to Chapter 15.70) or the latest state provisions, whichever is more effective in conserving water.

J.

Nonconforming Residential Structures and Uses. Nonconforming residential structures and nonconforming residential uses, as defined in Section 17.02.560, may be repaired, restored, reconstructed, enlarged or expanded in accordance with the provisions of Chapters 17.38 and 17.34 of this title.

K.

Refuse and Recycling Area Requirements.

1.

So as to adequately protect neighboring uses from adverse impacts such as noise, odor, vectors, windblown litter or glare, areas for depositing, collecting and loading refuse and recyclable materials shall be provided and fully enclosed within an enclosure a minimum of six (6) feet tall. All receptacles for collection and recycling shall be completely screened from view at street level. All enclosures and gates shall be designed to withstand heavy use. Wheel stops or curbs shall be provided to prevent dumpsters from banging into walls of enclosure. The area shall be designed to prevent storm water run-on to the area and runoff from the area, and roofs shall be designed to drain away from neighboring properties. Lighting shall be provided at all enclosures for nighttime security and use. Lights shall be full cutoff luminaires, as certified by the manufacturer, with the light source directed downward and away from adjacent residences. A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein shall be posted adjacent to all points of direct access to the area.

2.

This requirement shall apply to all new residential buildings having five (5) or more living units, institutional buildings and city facilities (including buildings, structures, and outdoor recreation areas owned by the city) where solid waste is collected and loaded. This requirement shall also apply to such existing developments for which building permit applications are submitted within a twelve-month period collectively adding thirty percent (30%) or more to the existing floor area of the development project.

(Ord. 485 § 3, 2004; Ord. 463 § 8(part), 2002).

(Ord. No. 548, § 3, 11-1-10; Ord. No. 556, § 8, 2-22-11; Ord. No. 576, § 3, 5-19-16; Ord. No. 607, § 4, 4-716; Ord. No. 653, § 13, 10-15-20; Ord. No. 669, § 2, 5-19-22; Ord. No. 695, § 2, 4-17-25)

A.

Housing Development Permit. A Housing development permit issued pursuant to Chapter 17.45 of this title shall be required for housing development projects and streamlined housing development projects within the R-3 district, including duplexes.

B.

Design Permit. A design permit issued pursuant to Chapter 17.42 of this title shall be required for every main structure to be constructed on a lot within an R-3 district, with the exception of single-family dwellings, housing development projects, and streamlined housing development projects.

Editor's note— Ord. No. 669, § 2, adopted May 19. 2022, repealed the former § 17.10.050 and enacted a new § 17.10.050 as set out herein. The former § 17.10.050 pertained to design permit and derived from Ord. 463 § 8(part), adopted in 2002.

All uses in the R-3 district shall comply with the parking regulations set forth in Chapter 17.34 of this title.

(Ord. 463 § 8(part), 2002).

All advertising signs in the R-3 district shall comply with the sign regulations set forth in Chapter 17.36 of this chapter.

(Ord. 463 § 8(part), 2002).

Chapter 17.11 - R-MHP RESIDENTIAL MOBILE HOME PARK DISTRICT

In addition to the objectives set forth in Section 17.01.030, the R-MHP (mobile home park residential district (hereinafter referred to as the "R-MHP district") is included in the zoning ordinance to achieve the following purposes:

A.

To provide a district for mobile home parks to facilitate the retention of mobile home housing stock.

B.

To ensure that mobile home park development is compatible with surrounding residential and nonresidential uses.

C.

To ensure adequate light, air, space, fire safety, quiet, and privacy for mobile home park residents.

D.

To implement and promote the goals and policies of the housing element of the general plan so as to guide and manage mobile home park developments in the city in accordance with such plan.

(Ord. No. 630, § 2, 12-6-18)

The following permitted uses shall be allowed in the R-MHP district:

A.

Mobile home parks.

B.

Mobile homes.

C.

Accessory structures, including structures used for administration, maintenance or other community services.

D.

Small family day care homes.

E.

Large family day care homes.

F.

Home occupations, conducted in accordance with the regulations prescribed in Chapter 17.44 of this title.

G.

Accessory dwelling units, when authorized by a permit granted pursuant to Chapter 17.43 of this title.

(Ord. No. 630, § 2, 12-6-18; Ord. No. 665, § 5, 11-4-21)

17.11.030 - Conditional uses.

There are no conditional uses in the R-MHP district.

(Ord. No. 630, § 2, 12-6-18)

17.11.040 - Development regulations.

The following development regulations shall apply to the R-MHP district:

A.

Park Area. There is no minimum area for a mobile home park in the R-MHP district.

B.

Density of Development. The maximum density of a mobile home park shall be one mobile home per each one thousand five hundred (1,500) square feet of park area.

C.

Setbacks. Setbacks in the R-MHP District shall be as required by the California Code of Regulations, Title 25, as may be amended.

D.

Lot Coverage. Lot coverage maximums in the R-MHP district be as required by the California Code of Regulations, Title 25, as may be amended.

E.

Floor Area Ratio. There is no floor area maximum in the R-MHP district.

F.

Height of Structures. The maximum height of any accessory structure shall be twenty (20) feet.

G.

Fencing and Screening Requirements.

1.

Fencing. All fencing in the R-MHP District shall comply with the regulations set forth in Section 17.32.050 of this title.

2.

Screening. A combination of landscaping, fencing, and/or screening consistent with all applicable provisions of this chapter and title shall buffer mobile home parks from adjacent arterial or collector roadways.

H.

Vehicular Access. Vehicular access shall be as required by the California Code of Regulations, Title 25, as may be amended.

I.

Landscaping Requirements.

1.

Plant materials shall be drought resistant and non-invasive as required by the planning director.

2.

Landscaping shall be installed according to detailed plans approved by the planning director. The landscape plans shall be consistent with the following objectives:

a.

Use of plants that are not invasive;

b.

Use of water conserving plants; and

c.

Use of plants and other landscape features that are appropriate to the context.

3.

Irrigated Landscapes. New and rehabilitated, irrigated landscapes are subject to the provisions of the water conservation in landscaping ordinance (refer to Chapter 15.70) or the latest state provisions, whichever is

more effective in conserving water.

J.

Pedestrian Access. Pedestrian access to and within a mobile home park shall be provided by a connected interior pedestrian pathway network or sidewalks located in the rights-of-way of perimeter streets.

K.

Trash Enclosures. All receptacles for collection and recycling shall be completely screened from view at street level.

L.

Title 25 Compliance. Mobile home park design, layout, development, maintenance and management shall be governed by and subject to the California Code of Regulations Title 25, or successor regulations.

(Ord. No. 630, § 2, 12-6-18)

A.

Any request to modify the physical conditions of a mobile home park, including the following, are subject to granting of an administrative design permit by the community development director in accordance with the provisions of subsection B of this section and any applicable design guidelines adopted by the city:

1.

The construction of any permanently constructed accessory structure of two (2) or more stories in height;

2.

Revisions to the park's circulation design which impact any public street system or reduce the number of existing designated parking spaces.

B.

In order to grant an administrative design permit to modify the physical conditions of a mobile home park, the community development director must make the following findings, as applicable:

1.

Proposed buildings and structures are designed and located to mitigate potential impacts to adjacent land uses.

2.

The site plan minimizes the effects of traffic on abutting streets through careful layout of the site with respect to location, dimensions of vehicular and pedestrian entrances and exit drives, and through the

provision of adequate off-street parking. There is an adequate circulation pattern within the boundaries of the development. Parking facilities are adequately surfaced, landscaped and lit.

(Ord. No. 630, § 2, 12-6-18)

All uses in the R-MHP district shall comply with the parking regulations set forth in Chapter 17.34 of this title and all applicable provisions of Title 25 of the California Code of Regulations, as may be amended.

(Ord. No. 630, § 2, 12-6-18)

17.11.070 - Signs.

All signs in the R-MHP district shall comply with the sign regulations set forth in Chapter 17.36 of this title. Signage identifying the mobile home park, community buildings, and other necessary informational and directional signs are permitted.

(Ord. No. 630, § 2, 12-6-18)

17.11.080 - Construction and operation.

All construction, installation, management, and operation procedures within the premises of a mobile home park in this district shall be in accordance with the provisions of all applicable state and local laws and regulations, including those laws and regulations specified below, and as may be amended over time:

A.

California Health and Safety Code Section 18000 et seq., "Manufactured Housing".

B.

California Health and Safety Code, Division 13 (entitled "Housing"), Part 2 (entitled "Mobile Homes — Manufactured Housing), Section 18000 et seq.

C.

California Code of Regulations, Title 25, Division 1, Chapter 2, "Mobile home Parks and Installations."

D.

California Code of Regulations, Title 25, Division 1, Chapter 3, "Factory-Built Housing, Mobile homes, and Manufactured Homes."

E.

California Civil Code Section 798 et seq.

(Ord. No. 630, § 2, 12-6-18)

17.11.090 - Mobile home park conversion, closure, or cessation.

The conversion of a mobile home park to another use, the closure of a mobile home park or the cessation of use of land as a mobile home park shall be subject to the granting of a use permit pursuant to Chapter 17.40 of this title. Closure or cessation of use of a mobile home park resulting from an adjudication of bankruptcy shall be exempt from this requirement.

A.

The application for a use permit shall be accompanied by:

1.

Proof of compliance with the notification requirements of California Government Code Sections 65863.7(b) and 65863.8 and California Civil Code Section 798.56(g)(1), as may be amended, via certified mail to the residents of each mobile home in the mobile home park.

2.

A report on the impact of the conversion/closure/cessation upon the displaced residents of the mobile home park consistent with the requirements of California Government Code Section 65863.7, as may be amended, addressing the availability of adequate replacement housing in mobile home parks and the potential costs of relocation, and proposing steps to mitigate the identified impacts.

B.

In addition to the findings for granting a use permit set forth in Chapter 17.40, the planning commission shall find that the cessation or closure of the park shall be subject to the conditions to mitigate its impacts upon the residents of the mobile home park, consistent with the requirements of Government Code Section 65863.7, as may be amended.

(Ord. No. 630, § 2, 12-6-18)

Chapter 17.12 - R-BA BRISBANE ACRES RESIDENTIAL DISTRICT

In addition to the objectives set forth in Section 17.01.030, the R-BA Brisbane Acres Residential District (hereinafter referred to as the "R-BA district") for the subarea of the city designated in the general plan as Brisbane Acres is included in the zoning ordinance to achieve the following purposes:

A.

To provide a district for single-family dwellings.

B.

To ensure that new residential development addresses the unique environmental constraints of the R-BA district, including the requirements of the San Bruno Mountain Area Habitat Conservation Plan, limited infrastructure improvements, steep grades, and risk of wildland fire.

C.

To ensure adequate light, air, space, quiet, and privacy for single-family residential uses.

D.

To implement and promote the goals and policies of the general plan so as to guide and manage residential development in the city in accordance with such plan.

(Ord. 473 § 2(part), 2003).

(Ord. No. 562, § 2, 10-3-11)

17.12.020 - Permitted uses.

The following permitted uses shall be allowed in the R-BA district:

A.

Single-family dwellings.

B.

Accessory structures and uses incidental to a permitted use, including personal cultivation of cannabis in compliance with Title 8, Chapter 8.12.

C.

Home occupations, conducted in accordance with the regulations prescribed in Chapter 17.44 of this title.

D.

Small family day care homes.

E.

Large family day care homes.

F.

Accessory dwelling units and junior accessory dwelling units, in accordance with Chapter 17.43 of this title.

(Ord. 463 § 9(part), 2002; Ord. 473 § 2(part), 2003; Ord. 479 § 4, 2003; Ord. No. 562, § 2, 10-3-11; Ord. No. 617, § 12, 9-7-17; Ord. No. 653, § 14, 10-15-20; Ord. No. 665, § 6, 11-4-21; Ord. No. 700, § 4, 10-2-25)

The following conditional uses may be allowed in the R-BA district, upon the granting of a use permit pursuant to Chapter 17.40 of this title:

A.

Group care homes.

(Ord. 463 § 9(part), 2002; Ord. 473 § 2(part), 2003; Ord. 479 § 5, 2003; Ord. No. 562, § 2, 10-3-11, § 6, 114-21)

17.12.040 - Development regulations.

The following development regulations shall apply to any lot in the R-BA district:

A.

Lot Area.

1.

The minimum area of any lot shall be twenty thousand (20,000) square feet, except as otherwise provided in Section 17.12.050, Density transfer, and Section 17.12.055, Clustered development, of this chapter.

2.

A single-family dwelling may be constructed on a lot of record with an area of less than twenty thousand (20,000) square feet, subject to the provisions of this chapter and the limitations set forth in Section 17.01.060 of Chapter 17.01 of this title.

B.

Density of Development. Not more than one single-family dwelling shall be located on each lot in the R-BA District.

C.

Lot Dimensions. The minimum dimensions of any lot shall be as follows:

D.

Setbacks. The minimum required setbacks for any lot, except as provided in Section 17.32.070, shall be as follows:

1.

Front setback: Ten (10) feet.

2.

Side setback: Ten percent (10%) of the lot width, but in no event more than fifteen (15) feet or less than five (5) feet. Notwithstanding the foregoing, the minimum side setback for garages or carports accessed from a

street or alley along that side of the lot shall be ten (10) feet, except where a lesser distance is determined by the city engineer to be safe in terms of pedestrian and vehicular traffic.

3.

Rear setback: Ten (10) feet.

E.

Lot Coverage. The maximum coverage by all structures on any lot shall be twenty-five percent (25%).

F.

Floor Area Ratio. The maximum floor area ratio of all buildings on a lot shall be 0.72; provided, however, that in no event shall the floor area of all buildings on a lot exceed five thousand five hundred (5,500) square feet.

G.

Height of Structures.

1.

Except as otherwise provided in paragraph 2 of this subsection G. and in Section 17.32.060, the maximum height of any structure shall be thirty-five (35) feet.

2.

For a distance of twenty (20) feet from the front lot line, the height of any structure shall not exceed twenty (20) feet as measured from finish grade; provided, however:

a.

Residential structures on sites sloping down from the adjacent street may be constructed to a height of twenty (20) feet above the elevation of the center of the street, so long; and

b.

Garages and carports may be constructed to a height of fifteen (15) feet above the elevation of the center of the adjacent street and may exceed a height of thirty-five (35) feet, but the height of any permitted living area underneath shall not exceed thirty-five (35) feet from finish grade.

H.

Wildland Interface. The development shall incorporate such measures as the fire chief may deem necessary to protect against the spread of fire between the site and the adjacent wildland.

I.

HCP Compliance. All development within the R-BA District, except as provided in Section 17.01.060, shall comply with the requirements of the San Bruno Mountain Area Habitat Conservation Plan (HCP), including

site activity review, environmental assessments, and operating programs for planned management units, consistent with the objectives and obligations set forth in the HCP.

J.

Articulation Requirements. Unless exempted, outside walls that are greater in size than twenty (20) feet in width and twenty (20) feet in height shall have a cumulative area of articulation as follows:

1.

Front outside wall: Thirty percent (30%) articulation.

2.

Side outside walls:

a.

Interior side outside wall: No articulation requirement.

b.

Exterior side outside wall: Where the structure is located on a lot having an average width of forty (40) feet or greater, the articulation requirement for the exterior side outside wall shall be twenty percent (20%). No articulation shall be required for the exterior side outside wall of structures located on lots having an average width of less than forty (40) feet.

3.

Rear outside wall: Thirty percent (30%) articulation.

4.

Exemptions: Single story two (2) car garages and accessory structures not exceeding a floor area of one hundred twenty (120) square feet shall be exempted from all articulation requirements.

K.

Landscaping Requirements.

1.

Landscape Plan. All development proposals and re-landscaping projects subject to the water conservation in landscaping ordinance (Chapter 15.70), except as permitted in Section 17.01.060 of Chapter 17.01 of this title, shall include a landscape plan to be approved by the planning director in consultation with the HCP plan operator. The plan shall show all proposed landscaping and the location of all protected trees and rare plants. The landscape plan shall be consistent with all of the following objectives:

a.

Preservation of protected trees and rare plants to the greatest extent possible;

b.

Use of plants that are compatible with the natural flora and fauna, and are not invasive to the HCP area;

c.

Use of water conserving plants;

d.

Use of plants that will effectively screen structures and blend with the natural landscape; and

e.

Use of landscaping that is fire resistant.

2.

Irrigated Landscapes. New and rehabilitated, irrigated landscapes are subject to the provisions of the water conservation in landscaping ordinance (refer to Chapter 15.70) or the latest state provisions, whichever is more effective in conserving water.

L.

Ridgeline. Development on any site through which a ridgeline runs as identified in Figure 17.02.695, Ridgelines, shall be subject to design permit approval, except for accessory dwelling units and junior accessory dwelling units and except as provided in Section 17.01.060.

1.

In addition to the required contents of application for design permit set forth in Section 17.42.020.A., story poles certified by a licensed architect, surveyor, civil engineer or contractor to represent the height of the proposed building shall be erected at the locations of its outer corners and roof peaks according to a plan pre-approved by the community development director. The upper one-foot length of each pole shall be painted OSHA yellow so as to be clearly visible from a distance.

2.

In addition to the findings required for issuance of design permits set forth in Section 17.42.040, the planning commission shall find that the building's placement, height, bulk and landscaping will preserve those public views of the San Bruno Mountain State and County Park as seen from the Community Park and from the Bay Trail along the Brisbane Lagoon and Sierra Point shorelines that are found to be of community-wide value. Methods to accomplish this may include varying the building's roofline to reflect the ridgeline's topography, orienting the building to minimize the impact of its profile upon public views, locating the building on the lower elevations of the site, and reducing the building's height below the maximum permitted in the district.

3.

An existing structure may be repaired or replaced in accordance with Section 17.38.090 without design permit approval, but any alteration or expansion which raises any portion of the roofline or increases the building's lot coverage shall be subject to design permit approval under this section.

M.

Canyon Watercourses and Wetlands. Development of the site, including any temporary disturbance, shall be set back thirty (30) feet in each direction from the center line of any watercourse, and twenty (20) feet from the boundary of any wetlands. The specific location of watercourse center lines and wetland boundaries shall be determined by qualified personnel under the city's direction.

N.

Trails. The development shall incorporate public access trails to the extent feasible given the environmental sensitivities of the site.

O.

Nonconforming Residential Structures and Uses. Nonconforming residential structures and nonconforming residential uses, as defined in Section 17.02.560, may be repaired, restored, reconstructed, enlarged or expanded in accordance with the provisions of paragraph 3 of subsection L. of Section 17.12.040 and Chapters 17.34 and 17.38 of this title.

P.

Recycling Area Requirements. For new subdivisions containing an area where solid waste is collected and loaded in a location which serves five (5) or more living units, adequate, accessible and convenient areas for depositing, collecting and loading recyclable materials in receptacles shall be provided to serve the needs of the living units which utilize the area. This requirement shall also apply to all institutional buildings and city facilities (including buildings, structures, and outdoor recreation areas owned by the city) where solid waste is collected and loaded. The area shall be located and fully enclosed so as to adequately protect neighboring uses from adverse impacts such as noise, odor, vectors, wind-blown litter or glare. The area shall be designed to prevent storm water run-on to the area and runoff from the area, and roofs shall be designed to drain away from neighboring properties. A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein shall be posted adjacent to all points of direct access to the area.

(Ord. 485 § 4, 2004; Ord. 473 § 2(part), 2003: Ord. 463 § 9(part), 2002).

(Ord. No. 548, § 4, 11-1-10; Ord. No. 556, § 9, 2-22-11; Ord. No. 652, § 2, 10-3-11; Ord. No. 576, § 4, 5- 19-16; Ord. No. 607, § 5, 4-7-16; Ord. No. 653, § 15, 10-15-20)

17.12.050 - Density transfer.

A.

In order to facilitate preservation of lands in the R-BA district with significant environmental resources, one or more additional dwelling units within the R-BA district, in addition to the dwelling unit otherwise permitted on a particular site, may be constructed under the conditions set forth in this Section 17.12.050.

As used herein, the additional dwelling units are called "transfer units." The density transfer shall comply with all of the following requirements:

1.

One transfer unit may be allocated to the site receiving the density transfer for each twenty thousand (20,000) square feet of land of the total area of the site or sites from which the transfer units are taken which is permanently dedicated to open space. No transfer units shall be allocated for any remaining portion less than twenty thousand (20,000) square feet. The method of retaining the dedicated land in permanent open space shall be approved by the city council upon recommendation of the planning commission and shall be implemented before any building or grading permit is issued for development on the site receiving the transfer units. Where dedicated open space is proposed to remain in private ownership, the applicant and property owner shall execute an agreement with the city for the continued maintenance of the open space, to be recorded with the county of San Mateo prior to issuance of any grading or building permits.

2.

The site from which the transfer units are taken must be found to have value as open space based upon one or more of the following considerations:

a.

Contiguous with San Bruno Mountain State and County Park;

b.

Contains intact native vegetation;

c.

Contains endangered butterfly habitat;

d.

Contains permanent or semi-permanent wetlands;

e.

Forms a portion of a significant watercourse;

f.

Does not adjoin developed parcels on more than one side.

In making this determination, the planning commission and the city council shall be guided by the city's open space plan. The density transfer value of undeveloped "paper streets" in the upper Brisbane Acres

may be recognized, once it is established that they are not subject to claims of access rights by easement or necessity from any remaining private property owners in the upper Brisbane Acres.

3.

The site receiving the transfer units must be found suitable for development with increased density based on all of the following considerations:

a.

Has a total area of not less than twenty thousand (20,000) square feet;

b.

Does not contain any of the features of value for open space as described in subsections (A)(2)(a) through (A)(2)(e) of this section;

c.

Is adjacent to or relatively near existing development and infrastructure.

4.

The type of development permitted on the site receiving the transfer units shall be single-family dwellings only, or single-family dwellings with accessory dwelling units consistent with the provisions of Chapter 17.43 of this Title. The site shall be subdivided into lots with a minimum lot area of five thousand (5,000) square feet subject to the maximum density permitted per Sections 17.12.040(A), 17.12.040(B) and 17.12.050(A)(1).

B.

A use permit granted by the city council shall be required for all density transfers pursuant to this section. The use permit shall first be considered by the planning commission which shall make its recommendation to the city council. In addition to the findings for issuance of a use permit prescribed by Section 17.40.060 of this title, the approving authority shall find and determine that:

1.

The transfer units will be sited, designed and constructed to avoid adverse effects upon environmentally sensitive areas both on and off site, such as disturbance of watercourses and hazardous geologic conditions;

2.

The site receiving the transfer units will be served by infrastructure that meets city standards, as determined by the director of public works;

3.

The site receiving the transfer units will have adequate parking and vehicular circulation; and

4.

The proposed development of the site receiving the transfer units will be compatible with adjacent and nearby development and is designed to minimize its visual impact.

If the density transfer requires any other permits or discretionary approvals, except for the design permit required by Section 17.12.050(C), the applications for such permits or approvals shall be filed and processed concurrently with the application for the density transfer use permit.

C.

As a condition of approval of the use permit referred to in Section 17.12.050(B), a design permit shall be required for any density transfer.

(Ord. 473 § 2(part), 2003).

(Ord. No. 562, § 2, 10-3-11; Ord. No. 626, § 4, 5-17-18)

17.12.055 - Clustered development.

A.

Consistent with the San Bruno Mountain Area Habitat Conservation Plan's goal of protecting forty percent (40%) of the Brisbane Acres as conserved habitat, adjustments to the minimum lot area, lot width and lot depth standards referred in Section 17.12.040(C) may be granted under the conditions set forth in this Section 17.12.055.

1.

One single-family dwelling shall be permitted for each twenty thousand (20,000) square feet of the total area of the site. Accessory dwelling units consistent with the provisions of Chapter 17.43 of this Title shall be permitted for each single-family dwelling. Permitted units shall not be clustered as multiple-family dwellings.

2.

A minimum of forty percent (40%) of the total area of the site shall be permanently dedicated as conserved habitat. The method of retaining the dedicated land as conserved habitat shall be approved by the city council upon recommendation of the planning commission and shall be implemented before any building or grading permit is issued for development on the site receiving the transfer units. Where dedicated land is proposed to remain in private ownership, the applicant and property owner shall execute an agreement with the city for the continued maintenance of the conserved habitat, to be recorded with the county of San Mateo prior to issuance of any grading or building permits.

3.

The site shall be subdivided into lots no less than five thousand (5,000) square feet in area. Street right-ofway shall be provided in compliance with city standards.

No clustered development shall be allowed on any site less than forty thousand (40,000) square feet in area.

B.

A use permit granted by the city council shall be required for all clustered developments pursuant to this section. The use permit shall first be considered by the planning commission which shall make its recommendation to the city council. In addition to the findings for issuance of a use permit prescribed by Section 17.40.060 of this title, the approving authority shall find and determine that:

1.

The units in the clustered development will be sited, designed and constructed to avoid adverse effects upon environmentally sensitive areas both on and off site, such as disturbance of watercourses and hazardous geologic conditions;

2.

The units in the clustered development will be sited adjacent to or relatively near existing infrastructure, and extension of such infrastructure to serve the clustered development will meet city standards, as determined by the director of public works;

3.

The clustered development will have adequate parking and vehicular circulation;

4.

The clustered development will be compatible with adjacent and nearby development and is designed to minimize its visual impact; and

5.

The use permit will be subject to such conditions as will assure that native vegetation is satisfactorily provided, improved and/or maintained within the area dedicated as conserved habitat.

Applications for subdivision and any other permits or discretionary approvals, except for the design permit required by Section 17.12.055(C), shall be filed and processed concurrently with the application for the clustered development use permit.

C.

As a condition of approval of the use permit referred to in Section 17.12.055(B), a design permit shall be required for the units in any clustered development.

(Ord. No. 562, § 2, 10-3-11; Ord. No. 626, § 5, 5-17-18)

All uses in the R-BA district shall comply with the parking regulations set forth in Chapter 17.34 of this title.

(Ord. 473 § 2(part), 2003: Ord. 463 § 9(part), 2002).

(Ord. No. 562, § 2, 10-3-11)

17.12.070 - Signs.

All advertising signs in the R-BA district shall comply with the sign regulations set forth in Chapter 17.36 of this chapter.

(Ord. 473 § 2(part), 2003: Ord. 463 § 9(part), 2002).

(Ord. No. 562, § 2, 10-3-11)

Chapter 17.13 - C-1 COMMERCIAL MIXED-USE DISTRICT

A.

To provide a suitable environment for the development of tax revenue-producing commercial enterprise and to encourage the orderly development of the area so that opportunities are present to establish a mix of uses that support, enhance and otherwise encourage the success of the district. There shall be no fabrication, manufacture, processing or treatment of materials in this district other than that which is clearly incidental to a business where all products therefrom are sold on the premises;

B.

To establish procedures to integrate commercial mixed-uses and structures that produce an attractive and safe environment which are superior to those which would result from standard district regulations.

(Ord. 365 § 1(part), 1991).

The following uses are permitted in the C-1 district:

A.

No uses are permitted without first obtaining a conditional use permit.

(Ord. 365 § 1(part), 1991).

Conditional uses allowed in the C-1 district, subject to obtaining a use permit as set forth in Chapter 17.40, are as follows:

A.

Retail sales;

B.

Offices;

C.

Residential uses[[1]]

D.

Bulk sales;

E.

Open space[[2]]

F.

Recreational facilities;

G.

Statuary;

H.

Public and quasi-public facilities, service and utility uses;

I.

Commercial services;

J.

Hotels;

K.

Research and development[[3]]

L.

Educational institutions.

(Ord. 365 § 1(part), 1991).

Footnotes:

--- ( 1 ) ---

Such uses shall be subject to the city's expressed intent that uses allowed in the C-1 district be primarily nonresidential.

--- ( 2 ) ---

Such uses shall retain sufficient acreage for a golf course, preferably in the general area designated in the 1980 general plan.

--- ( 3 ) ---

Such uses shall be subject to the city's expressed concern with and right to exclude facilities which involve high use or generation of hazardous materials.

Commercial parking lots, as defined in Chapter 17.02, are declared to be expressly prohibited in the C-1 district.

(Ord. 428 § 2, 1998).

A.

No building, structure or land shall be used and no building or structure shall be erected, enlarged or structurally altered except for the uses established in Section 17.13.030, and then only after a specific plan has been prepared. Development and design standards and regulations for the C-1 district shall be established in a specific plan adopted by resolution of the city council for the parcels proposed for development. The specific plan shall meet the requirements of the California Government Code Sections 65451 and 65452. To the extent standards in the specific plan are inconsistent with other zoning regulations, the standards in the specific plan shall prevail.

B.

Recycling Area Requirements.

1.

Adequate, accessible and convenient areas for depositing, collecting and loading recyclable materials in receptacles shall be provided. The area shall be located and fully enclosed so as to adequately protect neighboring uses from adverse impacts such as noise, odor, vectors, wind-blown litter or glare. The area shall be designed to prevent storm water run-on to the area and runoff from the area, and roofs shall be designed to drain away from neighboring properties. A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein shall be posted adjacent to all points of direct access to the area.

2.

This requirement shall apply to all new commercial, industrial, or institutional buildings, and city facilities (including buildings, structures, and outdoor recreation areas owned by the city) where solid waste is collected and loaded. This requirement shall also apply to any existing development for which building permit applications are submitted within a twelve-month period collectively adding thirty percent (30%) or more to the existing floor area of the development project. For existing developments occupied by multiple tenants, this requirement shall apply to applications for one or more building permits for a single or multiple alterations submitted by any tenant within a twelve-month period collectively adding thirty percent (30%) or more to the existing floor area of that portion of the development which said tenant leases. Such recycling areas shall, at a minimum, be sufficient in capacity, number, and distribution to serve that portion of the development project which said tenant leases.

(Ord. 365 § 1(part), 1991).

(Ord. No. 556, § 10, 2-22-11)

Chapter 17.14 - NCRO Neighborhood Commercial District NCRO-1 Brisbane Village NCRO-2 Downtown Brisbane*[[4]]

Footnotes:

--- ( 4 ) ---

Prior Ord. History: 298 and 328

A.

The neighborhood commercial district is included in the Zoning Ordinance to achieve the following purposes:

1.

To create a zoning district for Central Brisbane that serves to protect and enhance the character of the subarea and provides for orderly development consistent with the direction in the city's general plan;

2.

To encourage uses to serve the community by providing goods and services to enhance the quality of life;

3.

To maintain the vitality of the downtown by including residential uses and public institutions in the commercial fabric;

4.

To respect the historical scale and character of the area; and

5.

To protect the community health and safety by establishing permit requirements and performance standards that address potential impacts of commercial activity.

B.

To achieve the purposes of this chapter, the neighborhood commercial district is divided into two geographical areas, namely: the NCRO-1 district consisting of the Brisbane Village, and the NCRO-2 district consisting of Downtown Brisbane, as shown on the city's zoning map adopted pursuant to Chapter 17.06 of this title.

(Ord. 462 § 2(part), 2002).

The following uses are permitted uses in the NCRO-1 and NCRO-2 districts, if conducted in accordance with the performance standards set forth in 17.14.070 of this chapter:

A.

Financial institutions.

B.

Medical facilities.

C.

Offices.

D.

Personal services.

E.

Restaurants.

F.

Retail sales and rental.

G.

Home occupations, in the NCRO-2 District only.

H.

Accessory dwelling units and junior accessory dwelling units associated with an existing or proposed single-family dwelling, duplex, or multiple-family dwelling in compliance with the provisions of Chapter

17.43 of this title, in the NCRO-2 District only.

I.

Small family day care homes in a dwelling unit if part of a mixed-use development and when the day care home is located above or behind nonresidential uses.

J.

Large family day care homes in a dwelling unit if part of a mixed-use development and when the day care home is located above or behind nonresidential uses.

(Ord. 462 § 2(part), 2002; Ord. No. 653, § 16, 10-15-20; Ord. No. 665, § 7, 11-4-21)

The following conditional uses are allowed in the NCRO-1 district, subject to obtaining a use permit and if conducted in accordance with the performance standards set forth in Section 17.14.070 of this chapter:

A.

Bars.

B.

Commercial recreation-commercial gym and health facilities.

C.

Cultural facilities.

D.

Educational facilities.

E.

Gasoline service stations.

F.

Meeting halls.

G.

Outdoor sales and rental, when associated with an adjacent use within a structure.

H.

Places of worship.

I.

Temporary uses.

J.

Veterinary clinics.

K.

Day care centers.

(Ord. 462 § 2(part), 2002).

The following conditional uses are allowed in the NCRO-2 District, subject to obtaining a use permit and if conducted in accordance with the performance standards set forth in Section 17.14.070 of this chapter:

A.

Bars.

B.

Commercial recreation-commercial gym and health facilities.

C.

Cultural facilities.

D.

Educational facilities.

E.

Meeting halls.

F.

Mixed use in single-family dwellings.

G.

Outdoor sales and rental, when associated with an adjacent use within a structure.

H.

Places of worship.

I.

Temporary uses.

J.

Veterinary clinics.

K.

The following conditional uses are allowed only when part of a mixed-use and when located above or behind nonresidential uses:

1.

Day care centers.

2.

Dwelling units.

3.

Group care homes.

(Ord. 462 § 2(part), 2002; Ord. No. 665, § 7, 11-4-21)

17.14.050 - Development regulations for the NCRO-1 district.

Development regulations for the NCRO-1 district are as follows:

A.

Lot Area. The minimum area of any lot in the NCRO-1 district shall be twenty thousand (20,000) square feet.

B.

Lot Dimensions. The minimum dimensions of any lot in the NCRO-1 district shall be as follows:

C.

Setbacks. There shall be no minimum required front, side or rear setback for any lot in the NCRO-1 district, except that a 20-foot setback shall be required from any property line that is contiguous to a public rightof-way.

D.

Lot Coverage. The maximum coverage by all structures on any lot in the NCRO-1 district shall be sixty percent (60%).

E.

Height of Structures. The maximum height of any structure in the NCRO-1 district shall be thirty-five (35) feet.

F.

Landscaping requirements for the NCRO-1 district are as follows:

1.

Not less than ten percent (10%) of the lot area shall be improved with landscaping.

2.

Landscaping required under this section, including replacement landscaping, shall be according to detailed plans approved by the planning director. The landscape plans shall be consistent with the following objectives:

a.

Use of plants that are not invasive;

b.

Use of water conserving plants; and

c.

Use of plants and other landscape features that are appropriate to the context.

3.

Irrigated Landscapes. New and rehabilitated, irrigated landscapes are subject to the provisions of the water conservation in landscaping ordinance (refer to Chapter 15.70) or the latest state provisions, whichever is more effective in conserving water.

G.

Recycling Area Requirements.

1.

Adequate, accessible and convenient areas for depositing, collecting and loading recyclable materials in receptacles shall be provided. The area shall be located and fully enclosed so as to adequately protect neighboring uses from adverse impacts such as noise, odor, vectors, wind-blown litter or glare. The area shall be designed to prevent storm water run-on to the area and runoff from the area, and roofs shall be designed to drain away from neighboring properties. A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein shall be posted adjacent to all points of direct access to the area.

2.

This requirement shall apply to all new commercial buildings. This requirement shall also apply to any existing development for which building permit applications are submitted within a twelve-month period collectively adding thirty percent (30%) or more to the existing floor area of the development project. For existing developments occupied by multiple tenants, this requirement shall apply to building permit applications submitted by any tenant within a twelve-month period collectively adding thirty percent (30%) or more to the existing floor area of that portion of the development which said tenant leases, and such recycling areas shall be sufficient in capacity, number, and distribution to serve that portion of the development project which said tenant leases.

(Ord. 462 § 2(part), 2002).

(Ord. No. 548, § 5, 11-1-10; Ord. No. 556, § 11, 2-22-11; Ord. No. 607, § 6, 4-7-16)

Development regulations for the NCRO-2 district are as follows:

A.

Lot Area. The minimum area of any lot in the NCRO-2 district shall be two thousand five hundred (2,500) square feet; provided however, pursuant to state law, a housing development project of three (3) units, proposed on an existing legal lot of record, shall not be denied solely on the basis that the lot area of that lot does not meet the minimum lot area.

B.

Lot Dimensions. The minimum dimensions of any newly established lot in the NCRO-2 district shall be as follows:

C.

Density of Residential Use. Dwelling unit density in a mixed use shall be established by the use permit.

D.

Setbacks. The minimum required setbacks for any lot in the NCRO-2 district, except as provided in Section 17.32.070, shall be as follows:

1.

Front Setback: No requirement (0).

2.

Side Setback: No requirement (0), except a ten (10) foot setback shall be required on the side setback where abutting any residential district.

3.

Rear Setback: Ten (10) feet.

E.

Lot Coverage. The maximum coverage by all structures on any lot in the NCRO-2 district shall be ninety percent (90%) except that, pursuant to state law, the maximum lot coverage maximum shall not preclude a housing development project of at least three (3) units but not more than ten (10) units that otherwise meets the requirements of this chapter and Government Code Section 65913.11, as such requirements are determined by the building official; in such instance, no variance shall be required.

F.

Height of Structures. The maximum height of any structure, except as provided in Section 17.32.060, shall be thirty-six (36) feet.

G.

Fencing Requirements. If the site is next to a residential district, a wood fence of not less than eight (8) feet in height that adequately screens the site from the adjacent residential property shall be installed along the property line abutting the residential district. The planning director may approve deviations from the material and height requirements set forth in the preceding sentence, based upon a finding that the modified fence is more appropriate for the site and the adjacent residential property.

H.

Storefronts. All uses at street level facing Visitacion and/or San Bruno Avenues shall be storefronts, as defined in Section 17.02.746 of this title, except for entrances to uses above or behind the storefronts. Such uses shall comply with the following additional requirements:

1.

The minimum floor area for a storefront use is six hundred (600) square feet. The approving authority may approve a lesser floor area if the approving authority finds that such lesser area is as large as possible for the intended storefront use, given the size, configuration, and physical constraints of the structure and the site.

2.

No off-street parking shall be located on any portion of the site between the curb line and the storefront.

3.

New construction shall incorporate the necessary vents and chases into the building design so as to allow future changes in occupancy of the storefront area.

4.

Single-family dwellings in which mixed uses are conducted shall have a storefront character as viewed from the street.

I.

Passive Open Space. Usable passive open space shall be provided for residential uses of at least sixty (60) square feet per unit. Such passive open space may be provided as individual patios or decks, or as common patio or garden area, or any combination thereof. Notwithstanding that an attached or detached accessory dwelling unit greater than eight hundred (800) square feet is added to an existing residential use, there shall be no reduction in the amount of required usable passive open space for the other residential use. If an existing residential use has passive open space that does not conform to the sixty (60) square feet per unit requirement, the addition of an attached or detached accessory dwelling unit greater than eight hundred (800) square feet to that use shall not further reduce the amount of passive open space. The addition of an attached or detached accessory dwelling unit that is eight hundred (800) feet or less may result in a loss of the required usable passive open space for the other residential uses, including the loss of non-forming passive open space.

J.

Recycling Area Requirements.

1.

Adequate, accessible and convenient areas for depositing, collecting and loading recyclable materials in receptacles shall be provided. The area shall be located and fully enclosed so as to adequately protect neighboring uses from adverse impacts such as noise, odor, vectors, wind-blown litter or glare. The area shall be designed to prevent storm water run-on to the area and runoff from the area, and roofs shall be designed to drain away from neighboring properties. A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein shall be posted adjacent to all points of direct access to the area.

2.

This requirement shall apply to all new commercial or institutional buildings, residential buildings having five (5) or more living units, and city facilities (including buildings, structures, and outdoor recreation areas owned by the city) where solid waste is collected and loaded. This requirement shall also apply to any existing development for which building permit applications are submitted within a twelve-month period collectively adding thirty percent (30%) or more to the existing floor area of the development project. For existing developments occupied by multiple tenants, this requirement shall apply to building permit applications submitted by any tenant within a twelve-month period collectively adding thirty percent (30%) or more to the existing floor area of that portion of the development which said tenant leases. Such recycling areas shall, at a minimum, be sufficient in capacity, number, and distribution to serve that portion of the development project which said tenant leases.

(Ord. 462 § 2(part), 2002).

(Ord. No. 556, § 12, 2-22-11; Ord. No. 653, § 17, 10-15-20; Ord. No. 695, § 3, 4-17-25)

All uses in the neighborhood commercial district shall be conducted in accordance with the following performance standards:

A.

All routine aspects of the day-to-day operations of a business, including the storage of materials and products, shall be conducted entirely within an enclosed structure, with the exception of the following:

1.

Outdoor seating associated with a restaurant or retail food sales.

2.

Outdoor activities specifically authorized by a use permit.

3.

Parking of operable vehicles related to the authorized uses conducted on the site.

4.

Shipments and deliveries incidental to the conduct of the primary uses on the site.

B.

The following screening requirements shall apply to all uses:

1.

Outside storage of pallets or containers used for transportation and delivery of items related to the uses conducted on the site shall be screened from off-site view to the extent it is reasonably possible to do so.

2.

The off-site visibility of exterior equipment such as heating and ventilation units, above-ground storage tanks, compactors and compressors, shall be mitigated through such measures as may be reasonable under the circumstances, including, but not limited to, the installation of screening, fencing, painting, landscaping, or any combination of the foregoing.

The foregoing screening requirements are not intended to be exclusive and the approving authority may require, as a condition of the use permit or design permit, such other and additional screening measures as it deems necessary or appropriate to mitigate any potential adverse visual and audible impacts created by the intended use.

C.

The site shall be kept free of trash and debris and all receptacles for collection and recycling shall be completely screened from view at street level.

D.

Sound insulation, housing or baffles, or other reasonable measures, shall be installed in conjunction with heating, air conditioning, and ventilating equipment or other machinery when necessary to effectively mitigate sound emissions distinctly detectable from any off-site location.

E.

Odors that would be offensive to persons of normal sensibilities shall not be distinctly detectable from any off-site location.

F.

Lighting shall be designed to avoid excessive glare as viewed from offsite locations, in compliance with the California Green Building Standards Code.

(Ord. 462 § 2(part), 2002).

(Ord. No. 556, § 13, 2-22-11)

17.14.080 - Night operations.

A.

Definitions. For the purposes of this section, the following words and phases shall have the meanings respectively ascribed to them as set forth below:

1.

"Existing business" means a business or other use that is legally operating within the neighborhood commercial district as of February 25, 2002, in accordance with all zoning regulations applicable thereto, and pursuant to a business license duly issued by the city.

2.

"Night operations" means any activity conducted between the hours of ten (10:00) p.m. and five (5:00) a.m. of the following day.

B.

Requirement for Use Permit to Conduct Night Operations. Except as otherwise provided in Paragraph (c) of this section, no business or other use, with the exception of residential uses, shall engage in the conduct of night operations at any location within the neighborhood commercial district unless a use permit for such night operations has been granted pursuant to this chapter.

C.

Continuation of Night Operations by Existing Businesses. An existing business which has lawfully been conducting night operations prior to February 25, 2002, may continue to conduct such night operations on the same site and shall be exempted from the requirement to obtain a use permit pursuant to this Section 17.14.070. This exemption shall not apply to any relocation of the night operations to a different site, nor may the exemption be assigned or transferred by the existing business to a different business establishment or use, whether conducted on the same site or elsewhere.

D.

Approving Authority. Applications for a use permit to conduct night operations shall be acted upon by the planning commission and shall be governed by the provisions of Chapter 17.40 of this title, as supplemented by Section 17.14.070.

E.

Findings for Use Permit Approval. In addition to the findings required for approval of a use permit, as set forth in Section 17.40.060 and elsewhere in this chapter, no use permit shall be granted for the conduct of night operations in the neighborhood commercial district unless the planning commission also finds and determines that the night operations conducted by the applicant will not create noise, glare or other effects that are likely to create a sleep disturbance for the occupants of neighboring residential properties.

F.

Use Permit Conditions. Without limiting the authority of the planning commission to impose conditions on the granting of a use permit pursuant to Section 17.40.070, a use permit authorizing the conduct of night operations in the neighborhood commercial district may contain limitations on the days and hours of operation, restrictions on the nightly volume of vehicle trips, restrictions on the type of vehicles or equipment that may be operated at night, requirements for special devices and measures for abatement of noise and glare, and requirements for mitigation monitoring and periodic mandatory review. The planning commission shall have continuing jurisdiction over every use permit issued pursuant to this section and may at any time, if the original findings required for issuance the use permit can no longer be made, modify or amend any of the use permit conditions, or impose new and additional conditions, or revoke the use permit.

(Ord. 462 § 2(part), 2002).

Off-street parking facilities shall be provided for each use on the site in accordance with the requirements set forth in Chapter 17.34 of this title; provided however, that no off-street parking shall be required for storefront uses in the NCRO-2 district.

(Ord. 462 § 2(part), 2002).

Signs allowed in the neighborhood commercial district are as specified in the sign regulations set forth in Chapter 17.36 of this title.

(Ord. 462 § 2(part), 2002).

The construction of any principal structure in the neighborhood commercial district shall be subject to the granting of a design permit in accordance with the provisions of Chapter 17.42 of this title and any applicable design guidelines adopted by the city. Where the structure will be located in the NCRO-2 district, no design permit shall be granted unless all of the following additional findings can be made:

A.

The design respects the intimate scale and vernacular character of the street.

B.

Design details are incorporated to articulate the building and emphasize the relationship to the pedestrian environment.

C.

The design incorporates creative use of elements that are characteristic of the area, such as awnings, overhangs, inset doors, tile decoration, and corner angles for entry.

D.

Color and texture are provided at the street through the use of signage, lighting, planter boxes, or other urban landscape treatments.

E.

Landscaping has been incorporated to enhance the design and enliven the streetscape.

(Ord. 462 § 2(part), 2002).

Chapter 17.15 - HC: BEATTY HEAVY COMMERCIAL DISTRICT

17.15.010 - Purposes.

In addition to the objectives set forth in Section 17.01.030, the HC Beatty heavy commercial district (hereinafter referred to as the "heavy commercial district") is included in the zoning ordinance to achieve the following purposes:

A.

To create a zoning district for the Beatty subarea that serves to protect and enhance its character and provide for orderly development consistent with the direction in the city's general plan;

B.

To establish an attractive and safe environment for heavy commercial uses that is superior to that which would result from standard district regulations;

C.

To provide a buffer between the industrial uses on adjacent properties in San Francisco and the planned development-trade commercial uses of the Baylands subarea;

D.

To provide for heavy commercial uses that need large areas of land to accommodate outdoor storage of goods and equipment;

E.

To maintain a scale, character and intensity of use that can accommodate the desired uses for the district and be compatible with development in the other subareas of the city;

F.

To protect the community health and safety by establishing permit requirements and performance standards that address potential impacts of heavy commercial activity.

(Ord. 503 § 3(part), 2005).

There are no permitted uses in the heavy commercial district. Only those uses designated as conditional uses in Section 17.15.030 may be established, subject to the issuance of a use permit in accordance with the requirements of this chapter.

(Ord. 503 § 3(part), 2005).

The following conditional uses may be allowed in the heavy commercial district, upon the granting of a use permit pursuant to Chapter 17.40 of this title:

A.

Heavy equipment repair;

B.

Meeting halls;

C.

Offices;

D.

Organics reload operations;

E.

Outdoor storage of vehicles and equipment; outdoor storage of materials only in association with bulk sales;

F.

Plastic pipe sales.

(Ord. 503 § 3(part), 2005).

A.

Prior to any development or redevelopment of any property that would result in a net increase in the total building floor area of all existing structures on that site, a specific plan for development of the property shall be prepared and adopted by resolution of the city council. The specific plan shall establish the development and design standards for the proposed project. The specific plan shall meet the requirements of the California Government Code Sections 65451 and 65452. To the extent standards in the specific plan are inconsistent with other zoning regulations, the standards in the specific plan shall prevail.

B.

Recycling Area Requirements.

1.

Adequate, accessible and convenient areas for depositing, collecting and loading recyclable materials in receptacles shall be provided. The area shall be located and fully enclosed so as to adequately protect neighboring uses from adverse impacts such as noise, odor, vectors, wind-blown litter or glare. The area shall be designed to prevent storm water run-on to the area and runoff from the area, and roofs shall be designed to drain away from neighboring properties. A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein shall be posted adjacent to all points of direct access to the area.

2.

This requirement shall apply to all new commercial, industrial, or institutional buildings, and city facilities (including buildings, structures, and outdoor recreation areas owned by the city) where solid waste is collected and loaded. This requirement shall also apply to any existing development for which building permit applications are submitted within a twelve-month period collectively adding thirty percent (30%) or more to the existing floor area of the development project. For existing developments occupied by multiple

tenants, this requirement shall apply to applications for one or more building permits for a single or multiple alterations submitted by any tenant within a twelve-month period collectively adding thirty percent (30%) or more to the existing floor area of that portion of the development which said tenant leases. Such recycling areas shall, at a minimum, be sufficient in capacity, number, and distribution to serve that portion of the development project which said tenant leases.

(Ord. 503 § 3(part), 2005).

(Ord. No. 556, § 14, 2-22-11)

All uses in the heavy commercial district shall be conducted in accordance with the following performance standards:

A.

Outdoor storage of goods and equipment shall be screened by appropriate fencing and landscape materials.

B.

The site shall be kept free of trash and debris.

C.

Sound insulation, housing or baffles, or other reasonable measures, shall be installed in conjunction with machinery, heating and ventilating equipment when necessary to effectively mitigate sound emissions distinctly detectable from any off-site location.

D.

Odors from any use shall not be generally or distinctly detectable from any off-site location.

E.

Lighting shall be designed to avoid excessive glare as viewed from off-site locations.

F.

To minimize the effects of pesticide use on stormwater quality, pest-resistant landscape species shall be used and pest-susceptible landscaping shall be excluded.

(Ord. 503 § 3(part), 2005).

All uses in the heavy commercial district shall comply with the parking regulations set forth in Chapter 17.34 of this title.

(Ord. 503 § 3(part), 2005).

All advertising signs in the heavy commercial district shall comply with the sign regulations set forth in Chapter 17.36 of this title.

(Ord. 503 § 3(part), 2005).

The construction of any building in the heavy commercial district shall be subject to the granting of a design permit in accordance with the provisions of Chapter 17.42 of this title.

(Ord. 503 § 3(part), 2005).

Chapter 17.16 - SCRO-1 SOUTHWEST BAYSHORE COMMERCIAL DISTRICT

The general plan designates several areas of the city for subregional commercial/retail/office use (SCRO). The SCRO-1 Southwest Bayshore commercial district (hereinafter referred to as the Southwest Bayshore district) is one of such planning areas and is included in the zoning ordinance codified in this title to achieve the following purposes:

A.

To create a zoning district for the Southwest Bayshore area that provides for orderly development consistent with the land use policies for that area as set forth in the city's general plan;

B.

To encourage a mix of subregional uses and the opportunity to include mixed-uses and residential uses when appropriate;

C.

To ensure that future development will be conducted in a manner that will adequately address the environmental constraints in the Southwest Bayshore district, as identified in the general plan;

D.

To address historical issues of incompatible land uses;

E.

To protect the community health and safety by establishing permit requirements, performance standards, and special findings for the establishment of uses in the Southwest Bayshore district;

F.

To provide an opportunity for multiple-family dwellings;

G.

To ensure that new residential development is compatible with existing development and reflects the diversity of the community;

H.

To ensure adequate light, air, space, safety, quiet, and privacy for residential uses;

I.

To implement and promote the goals and policies of the general plan so as to guide and manage residential development in the city in accordance with such plan.

(Ord. 443 § 2(part), 2000).

(Ord. No. 564, § 2, 10-3-11; Ord. No. 669, § 4, 5-19-22)

A.

The following are permitted uses in the SCRO-1 district:

1.

Emergency shelters in compliance with Section 17.16.040.

2.

Accessory dwelling units and junior accessory dwelling units associated with an existing or proposed single-family dwelling, duplex, or multiple-family dwelling in compliance with the provisions of Chapter 17.43 of this title.

3.

Multiple-family dwellings;

4.

Duplexes.

5.

Dwelling groups.

6.

Accessory structures and uses incidental to a permitted use, including personal cultivation of cannabis in compliance with Title 8, Chapter 8.12.

7.

Home occupations, conducted in accordance with the regulations prescribed in Chapter 17.44 of this title.

Small and large family day care homes.

9.

Reserved.

10.

A mixed use project that meet the definition of a housing development project or a streamlined housing development project as defined in Chapter 17.02.

(Ord. 443 § 2(part), 2000; Ord. No. 564, § 2, 10-3-11; Ord. No. 626, § 6, 5-17-18; Ord. No. 653, § 18, 10-1520; Ord. No. 665, § 8, 11-4-21; Ord. No. 669, § 4, 5-19-22)

A.

Allowable Conditional Uses. The following conditional uses, not otherwise permitted per Section 17.16.020.A, may be allowed in the Southwest Bayshore district, upon the granting of a use permit pursuant to Chapter 17.40 of this title and if conducted in accordance with the performance standards set forth in Section 17.16.050 of this chapter:

1.

Commercial recreation/commercial gym and health facilities;

2.

Contractor's yards;

3.

Convalescent homes;

4.

Cultural facilities;

5.

Educational facilities;

6.

Emergency shelters with more than twelve (12) beds;

7.

Financial institutions;

Food production;

Group care homes;

Hotels; 11.

Light fabrication; 12.

Live/work developments;

Media studios; 14.

Medical facilities; 15.

Meeting halls; 16.

Mobilehome parks in compliance with Section 17.32.110;

Motels;

Offices;

Outdoor sales and rental;

Personal services;

Places of worship;

Printing;

23.

Product showrooms;

24.

Research and development, where the planning director determines, as a result of a risk analysis performed in accordance with Policy No. 166.1 of the general plan, that the use of hazardous materials will not constitute a major component of the research and development activities to be conducted on the site. Research and development involving cannabis is additionally subject to the requirements in Chapter 17.33;

25.

Restaurants;

26.

Retail sales and rental;

27.

Single-family dwellings and single-family dwellings with accessory dwelling units in compliance with the provisions of Chapter 17.43 of this title;

28.

Storage;

Veterinary clinics;

30.

Warehousing;

31.

Single-room occupancy units.

B.

Mixed Uses. For a mixed use project that does not meet the definition of a housing development project or streamlined housing development project, as defined in Chapter 17.02, a combination of any residential and nonresidential uses listed in subsection A of this Section 17.16.030, or in Section 17.16.020, may be allowed as a mixed use within the same structure or upon the same site when specifically authorized by the

use permit granted for each individual conditional use and upon such additional conditions as the approving authority may deem necessary or appropriate to ensure the compatibility of such mixed uses.

C.

Night Operations. Night operations associated with the conduct of any uses listed in subsection A of this section (except residential uses) shall require a use permit when subject to the provisions of Section 17.16.070 of this chapter.

(Ord. 443 § 2(part), 2000; Ord. No. 564, § 2, 10-3-11; Ord. No. 622, § 3, 11-16-17; Ord. No. 617, § 13, 9-717; Ord. No. 626, § 6, 5-17-18; Ord. No. 665, § 8, 11-4-21; Ord. No. 669, § 4, 5-19-22)

Development regulations in the Southwest Bayshore district are as follows:

A.

Lot Area. The minimum area of any lot shall be seven thousand five hundred (7,500) feet; provided however, pursuant to state law, a housing development project of three (3) units, proposed on an existing legal lot of record, shall not be denied solely on the basis that the lot area of that lot does not meet the minimum lot area.

B.

Density of Development. The minimum lot area for each dwelling unit on a site shall be as follows:

1.

Single-Family Dwellings: Seven thousand five hundred (7,500) square feet;

2.

Duplex Dwellings: Three thousand seven hundred fifty (3,750) square feet;

3.

Multiple-Family Dwellings and Dwelling Groups: One thousand five hundred (1,500) square feet;

4.

Mixed Use or Live/Work Development: Dwelling unit density shall be determined by the use permit.

5.

Notwithstanding the minimum lot areas per dwelling unit in paragraphs 3 and 4 of this subsection B, pursuant to state law, a housing development project of three units on an existing legal lot of record shall not be denied solely on the basis that the lot area of that existing lot does not meet the minimum lot area per dwelling unit in paragraphs 3 and 4.

C.

Lot Dimensions. The minimum dimensions of any lot shall be as follows:

D.

Setbacks. The minimum required setbacks for any lot, except as provided in Section 17.32.070, shall be as follows:

1.

Front Setback:

a.

Residential/Mixed Use: Ten (10) feet;

b.

Commercial Uses: Twenty-five (25) feet for commercial uses;

c.

Exception: The setbacks may be reduced to zero (0) where development includes dedication to public right-of-way for a frontage access road and sidewalk, to the satisfaction of the city engineer and fire department.

2.

Side Setback:

a.

Residential/Mixed Use: Five (5) feet;

b.

Commercial Uses: Fifteen (15) feet;

c.

Exception: The planning commission may approve exceptions to the side setback regulations for commercial uses through the granting of a use permit.

3.

Rear Setback: Ten (10) feet.

E.

Lot Coverage. The maximum coverage by all structures on any lot shall be seventy percent (70%); provided, however, pursuant to state law, the maximum lot coverage shall not preclude a housing development project of at least three (3) units but not more than ten (10) units that otherwise meets the requirements of this chapter and Government Code Section 65913.11, as such requirements are determined by the building official; in such instance, no variance shall be required.

F.

Height of Structures. The maximum height of any structure, except as provided in Section 17.32.060, shall be thirty-six (36) feet.

G.

Fencing Requirements. If the site is next to a residential district, a wood fence of not less than eight (8) feet in height that adequately screens the site from the adjacent residential district shall be installed along the property line abutting the residential district. The planning director may approve deviations from the material and height requirements set forth in the preceding sentence, based upon a finding that the modified fence is more appropriate for the site and the adjacent residential district.

H.

Open Space. Usable open space shall be provided for residential uses of at least sixty (60) square feet per unit. Such open space shall not be less than five (5) feet in any dimension and may be provided as individual patios or decks, or as common patio or garden area, or any combination thereof.

Notwithstanding that an attached or detached accessory dwelling unit greater than eight hundred (800) square feet is added to an existing residential use, there shall be no reduction in the amount of required usable open space for the other residential use. If an existing residential use has open space that does not conform to the sixty (60) square feet per unit requirement, the addition of an attached or detached accessory dwelling unit greater than eight hundred (800) square feet to that use shall not further reduce the amount of open space. The addition of an attached or detached accessory dwelling unit that is eight hundred (800) feet or less may result in a loss of the required usable open space for the other residential uses, including the loss of non-conforming open space.

I.

Landscaping Requirements.

1.

Not less than ten percent (10%) of the lot area shall be improved with landscaping. The addition of an attached or detached accessory dwelling unit greater than eight hundred (800) square feet shall not result in a loss of the required landscape area. The addition of an attached or detached accessory dwelling unit that is eight hundred (800) square feet or less may result in a loss of the required landscape area.

2.

Plant materials shall be drought resistant and non-invasive as required by the planning director.

3.

Landscaping required under this section, including replacement landscaping, shall be installed according to detailed plans approved by the planning director. The landscape plans shall be consistent with the following objectives:

a.

Use of plants that are not invasive;

b.

Use of water conserving plants; and

c.

Use of plants and other landscape features that are appropriate to the context.

4.

Irrigated Landscapes. New and rehabilitated, irrigated landscapes are subject to the water conservation in landscaping ordinance (refer to Chapter 15.70) or the latest state provisions, whichever is more effective in conserving water.

J.

Screening Requirements.

1.

Outside storage of pallets or containers used for transportation and delivery of items related to the uses conducted on the site shall not be located in any required setback from a street and shall be screened from off-site view to the extent it is reasonable to do so.

2.

The off-site visibility of exterior equipment such as heating and ventilation units, above-ground storage tanks, compactors and compressors, shall be mitigated through such measures as may be reasonable under the circumstances, including, but not limited to, the installation of screening, fencing, painting, or landscaping, or any combination of the foregoing.

3.

The screening requirements set forth in subsections H.1. and H.2. of this section are not intended to be exclusive and the approving authority may require, as a condition of the use permit, such other and additional screening measures as it deems necessary or appropriate to mitigate any potential adverse visual and audible impacts created by the intended use.

K.

Refuse and Recycling Area Requirements.

1.

So as to adequately protect neighboring uses from adverse impacts such as noise, odor, vectors, windblown litter or glare, areas for depositing, collecting and loading refuse and recyclable materials shall be provided and fully enclosed within an enclosure a minimum of six (6) feet tall. All receptacles for collection and recycling shall be completely screened from view at street level. All enclosures and gates should be detailed to withstand heavy use. Wheel stops or curbs shall be provided to prevent dumpsters from banging into walls of enclosure. The area shall be designed to prevent storm water run-on to the area and runoff from the area, and roofs shall be designed to drain away from neighboring properties. Lighting shall be provided at enclosures for nighttime security and use. Lights shall be full cutoff luminaires, as certified by the manufacturer, with the light source directed downward and away from adjacent residences. A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein shall be posted adjacent to all points of direct access to the area.

2.

This requirement shall apply to all new commercial or institutional buildings, residential buildings having five (5) or more living units, and city facilities (including buildings, structures, and outdoor recreation areas owned by the city) where solid waste is collected and loaded. This requirement shall also apply to any existing development for which building permit applications are submitted within a twelve-month period collectively adding thirty percent (30%) or more to the existing floor area of the development project. For existing developments occupied by multiple tenants, this requirement shall apply to building permit applications submitted by any tenant within a twelve-month period collectively adding thirty percent (30%) or more to the existing floor area of that portion of the development which said tenant leases. Such recycling areas shall, at a minimum, be sufficient in capacity, number, and distribution to serve that portion of the development project which said tenant leases.

L.

Emergency Shelters. Development standards for emergency shelters shall be the same as for residential development in the district, except density of development regulations, and emergency shelters that meet the following requirements are exempt from the requirement of a design permit and use permit:

1.

No emergency shelter shall be allowed to be located within three hundred (300) feet of another emergency shelter.

2.

The required setbacks for new development shall be:

a.

Front Setback: Ten (10) feet; except that the front setback may be reduced to zero (0) where development includes dedication to public right-of-way for a frontage access road and sidewalk, to the satisfaction of

the city engineer and fire department.

b.

Side Setback: Five (5) feet; except that the planning commission may approve exceptions to the side setback regulations through the granting of a use permit.

c.

Rear Setback: Ten (10) feet.

3.

A maximum of twelve (12) persons (twelve (12) beds) to be served nightly.

4.

Each resident shall be provided personal living space.

5.

Bathrooms and bathing facilities shall be provided, adequate for the number of residents.

6.

Laundry facilities or services shall be provided on site, adequate for the number of residents.

7.

The length of stay for individual clients shall not exceed six (6) months, or as allowed by state law.

8.

Staff and services shall be provided to assist residents to obtain permanent shelter and income.

9.

For security, the facility shall provide outdoor lighting of common areas, entries, parking areas, pathways, in compliance with Section 17.16.050(E).

10.

For security, the shelter shall be adequately staffed twenty-four (24) hours a day, seven (7) days a week.

11.

Parking shall be as specified in Chapter 17.34.

12.

Outdoor activities, such as recreation, eating, and staging for drop-off, intake, and pick-up, may be conducted at the facility, between the hours of five (5:00) a.m. and ten (10:00) p.m. A night operations use

permit is required for outdoor activities between the hours of ten (10:00) p.m. and five (5:00) a.m., as provided for in Section 17.16.070.

13.

The facility may provide the following:

a.

Kitchen facilities;

b.

Dining area;

c.

Recreation room;

d.

Training and counseling support services;

e.

Child care facilities;

f.

Other facilities or services that are accessory to an emergency shelter.

14.

Prior to commencing operation, the emergency shelter provider must have a written management plan, which shall be provided to the planning director. The management plan must include provisions for staff training, resident identification process, neighborhood outreach, policies regarding pets, the timing and placement of outdoor activities, provisions for residents' meals (including special dietary needs), medical care, mental health care, dental care, temporary storage of residents' personal belongings, safety and security, provisions in case of area-wide emergencies, screening of residents to ensure compatibility with services provided at the facility, plans to help secure other provisions for those who may not be part of the shelter's target population, computer access for residents, and training, counseling and social service programs for residents, as applicable.

M.

Mobile Home Parks.

1.

Mobile home parks in the SCRO-1 district shall be subject to the development and parking standards established in Chapter 17.11 of this title.

Conversion, closure, or cessation of a mobile home park in the SCRO-1 district shall be subject to the procedures established in Section 17.11.090 of this title.

(Ord. 443 § 2(part), 2000).

(Ord. No. 548, § 6, 11-1-10; Ord. No. 556, § 15, 2-22-11; Ord. No. 564, § 2, 10-3-11; Ord. No. 607, § 7, 4- 7-16; Ord. No. 630, § 3, 12-6-18; Ord. No. 653, § 19, 10-15-20; Ord. No. 669, § 4, 5-19-22; Ord. No. 695, § 4, 4-17-25)

All uses in the Southwest Bayshore district shall be conducted in accordance with the following performance standards:

A.

All routine aspects of the day-to-day operations of a business, including the storage of materials and products, shall be conducted entirely within an enclosed structure, with the exception of the following:

1.

Outdoor activities specifically authorized by the use permit;

2.

Parking of operable vehicles related to the authorized uses conducted on the site;

3.

Shipments and deliveries incidental to the conduct of the primary use on the site.

4.

Emergency shelter outdoor activities as set forth in Section 17.16.040.L.12.

B.

The site shall be kept free of trash and debris.

C.

Sound insulation housing or baffles, or other reasonable measures, shall be installed in conjunction with heating and ventilating equipment or other machinery when necessary to effectively mitigate sound emissions distinctly detectable from any off-site location.

D.

Odors from any use shall not be generally or distinctly detectable from any off-site location.

E.

Lighting shall be designed to avoid excessive glare as viewed from offsite locations and in compliance with the California Green Building Standards Code. Lighting shall also be stationary, shielded or otherwise directed away from direct view of the light source as viewed from adjacent properties and public rights-ofway, and of intensity compatible with the neighborhood.

F.

Site development shall minimize disturbance of existing natural slopes to the extent feasible, maintain public view corridors of the San Francisco Bay and San Bruno Mountain, minimize rooftop glare, and screen exterior mechanical equipment.

(Ord. 443 § 2(part), 2000).

(Ord. No. 556, § 16, 2-22-11; Ord. No. 564, § 2, 10-3-11; Ord. No. 669, § 4, 5-19-22)

In addition to the findings required for approval of a use permit as set forth in Section 17.40.060, no use permit shall be granted for any conditional use in the Southwest Bayshore district unless the approving authority also makes such of the following findings as may be applicable to the application:

A.

Adequate measures have been taken to protect workers and residents from the twenty-four (24) hour noise generated by traffic on Bayshore Boulevard.

B.

The improvements have been designed in a manner that will make adequate provision for on-site parking and traffic circulation and safe ingress to and egress from the site.

C.

The improvements have been designed to be compatible with the topography and soils of the hillside.

(Ord. 443 § 2(part), 2000).

(Ord. No. 564, § 2, 10-3-11; Ord. No. 669, § 4, 5-19-22)

17.16.070 - Night operations.

A.

Definitions. For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them as set forth below:

1.

"Existing business" means a business or other use that is legally operating within the Southwest Bayshore district as of February 9, 2000, in accordance with all zoning regulations applicable thereto, and pursuant to a business license duly issued by the city.

2.

"Night operations" means any activity conducted between the hours of ten (10:00) p.m. and five (5:00) a.m. of the following day.

B.

Requirement for Use Permit to Conduct Night Operations. Except as otherwise provided in subsection C of this section, no business or other use, with the exception of residential uses, shall engage in the conduct of night operations at any location within the Southwest Bayshore district unless a use permit for such night operations has been granted pursuant to this chapter. The requirement for a use permit is applicable only to the commercial component of the project.

C.

Continuation of Night Operations by Existing Businesses. An existing business which has lawfully been conducting night operations prior to February 9, 2000, may continue to conduct such night operations on the same site and shall be exempted from the requirement to obtain a use permit pursuant to this section. This exemption shall not apply to any relocation of the night operations to a different site, nor may the exemption be assigned or transferred by the existing business to a different business establishment or use, whether conducted on the same site or elsewhere.

D.

Approving Authority. Applications for a use permit to conduct night operations shall be acted upon by the planning commission and shall be governed by the provisions of Chapter 17.40 of this title, as supplemented by this section.

E.

Findings for Use Permit Approval. In addition to the findings required for approval of a use permit, as set forth in Section 17.40.060 and elsewhere in this section, no use permit shall be granted for the conduct of night operations in the Southwest Bayshore district unless the planning commission also finds and determines that the night operations conducted by the applicant will not create noise, glare or other effects that are likely to create a sleep disturbance for the occupants of neighboring residential properties.

F.

Use Permit Conditions. Without limiting the authority of the planning commission to impose conditions on the granting of a use permit pursuant to Section 17.40.070, a use permit authorizing the conduct of night operations in the Southwest Bayshore district may contain limitations on the days and hours of operation, restrictions on the nightly volume of vehicle trips, restrictions on the type of vehicles or equipment that may be operated at night, requirements for special devices and measures for abatement of noise and glare, and requirements for mitigation monitoring and periodic mandatory review. The planning commission shall have

continuing jurisdiction over every use permit issued pursuant to this section and may at any time, if the original findings required for issuance of the use permit can no longer be made, modify or amend any of the use permit conditions, or impose new and additional conditions, or revoke the use permit.

(Ord. 443 § 2(part), 2000).

(Ord. No. 564, § 2, 10-3-11; Ord. No. 669, § 4, 5-19-22)

Off-street parking facilities shall be provided for each use on the site in accordance with the requirements set forth in Chapter 17.34 of this title.

(Ord. 443 § 2(part), 2000).

(Ord. No. 564, § 2, 10-3-11)

17.16.090 - Signs.

Signs allowed in the Southwest Bayshore district are as specified in Chapter 17.36 of this title.

(Ord. 443 § 2(part), 2000).

(Ord. No. 564, § 2, 10-3-11)

17.16.100 - Permits.

A.

Housing Development Permits. Housing development projects and streamlined housing development projects are subject to the findings in Section 17.45.040 and the objective design standards in Section 17.45.030.

B.

Design Permits. The construction of any principal structure in the Southwest Bayshore district, except a single-family or duplex dwelling or emergency shelter as set forth in Section 17.16.040.L or a housing development project or streamlined housing development project, as defined in Chapter 17.02 and permitted by Chapter 17.45, shall be subject to the granting of a design permit in accordance with the provisions of Chapter 17.42 of this title and any applicable design guidelines adopted by the city.

Editor's note— Ord. No. 669, § 4, adopted May 19. 2022, repealed the former § 17.16.100 and enacted a new § 17.16.100 as set out herein. The former § 17.16.100 pertained to design review and derived from Ord. 443 § 2(part), adopted in 2000; Ord. No. 564, § 2, adopted Oct. 3, 2011.

All projects, including single-family and duplex dwellings, but excluding emergency shelters as set forth in Section 17.16.040.L and housing development projects and streamlined housing development projects as defined in Chapter 17.02, shall submit a visual impact analysis, in accordance with guidelines approved by

the planning commission, to address the following design issues: relationship to steep slopes; public view corridors; view of San Francisco Bay and San Bruno Mountain; material and lighting, especially as pertains to light and glare; treatment of roofs and the screening of mechanical equipment.

(Ord. 443 § 2(part), 2000).

(Ord. No. 564, § 2, 10-3-11; Ord. No. 669, § 4, 5-19-22)

Chapter 17.18 - SP-CRO SIERRA POINT COMMERCIAL DISTRICT*

In addition to the objectives set forth in Section 17.01.030, the SP-CRO Sierra Point Commercial District (hereinafter referred to as the "SP-CRO district") is included in the zoning ordinance to achieve the following purposes:

A.

To establish a zoning district for the Sierra Point subarea that provides for orderly development consistent with the adopted master use permit UP-11-78, the redevelopment plan for Brisbane Community Redevelopment Project Area Number One, and the combined site and architectural design guidelines for Sierra Point.

B.

To encourage a mix of office, commercial and recreational uses to best serve the residents and businesses of Brisbane and the businesses and employees in the Sierra Point subarea.

C.

To ensure that development in the Sierra Point subarea occurs in compliance with the highest development and design standards and meets the goals and objectives set forth in the general plan.

(Ord. 528 § 1(part), 2008).

The following uses shall be allowed in the SP-CRO district:

A.

Offices;

B.

Hotels;

C.

Retail sales and rental;

D.

Restaurants;

E.

Bars;

F.

Financial institutions;

G.

Personal services;

H.

Commercial gyms and health facilities;

I.

Meeting halls;

J.

Marinas;

K.

Research and development, unless the use is classified as a conditional use pursuant to Section 17.18.030.F. Research and development may include the use of live invertebrate animals, such as insects, or any of the following live vertebrate animals: fish, amphibians, reptiles or rodents. Research and development involving the use of other live animals not listed here is prohibited. All research and development uses are subject to the performance standards set forth in Section 17.18.045.

(Ord. 528 § 1(part), 2008).

(Ord. No. 617, § 14, 9-7-17; Ord. No. 677, § 1, 3-2-23)

17.18.030 - Conditional uses.

The following conditional uses may be allowed in the SP-CRO district, upon the granting of a use permit pursuant to Chapter 17.40 of this title:

A.

Child care centers when:

Located more than five hundred (500) feet from the edge of the eastern-most lane of the Bayshore Freeway (U.S. 101);

2.

Located within an area with a community noise equivalent level (CNEL) of not more than sixty (60) dB as determined by a professionally-prepared acoustical analysis report; or located within an area with a community noise equivalent level (CNEL) of sixty to eighty (60—80) dB and designed with the noise insulation features identified in a professionally-prepared acoustical analysis report so as to comply with Figure 2 in Appendix C of the state of California General Plan Guidelines 2003; and

3.

Designed and operated so to comply with the noise levels specified in Brisbane Municipal Code Section 8.28.040, as per the recommendations of a professionally-prepared acoustical analysis report.

B.

Medical facilities.

C.

Commercial recreation.

D.

Transit/transportation facilities.

E.

Temporary uses.

F.

Research and development utilizing biological agents exceeding Risk Group 3 or Biosafety Level 3 as defined by the National Institute of Health or the Center for Disease Control, except that for such research and development uses the city council shall act as the reviewing authority instead of the planning commission. All research and development uses are subject to the performance standards set forth in Section 17.18.045.

(Ord. 528 § 1(part), 2008).

(Ord. No. 534, § 2, 2-17-09; Ord. No. 677, § 1, 3-2-23)

Editor's note— Ord. No. 677, § 3, adopted March 2, 2023, repealed § 17.18.035, which pertained to conditional uses—research and development and derived from Ord. 528 § 1(part), adopted in 2008.

Development regulations for the SP-CRO district are as follows:

A.

Lot Area. The minimum area of any lot in the SP-CRO district shall be one acre.

B.

Lot Dimensions. The minimum dimensions of any lot in the SP-CRO district shall be as follows:

C.

Setbacks. The minimum required setback for any lot in the SP-CRO district shall be as follows, except as otherwise established in the combined site and architectural guidelines for Sierra Point:

1.

Front setback: Twenty-five (25) feet;

2.

Side setbacks:

a.

Interior side yards: Fifteen (15) feet.

b.

Exterior side yards: Twenty (20) feet.

3.

Rear setbacks:

a.

Interior lots: Twenty (20) feet.

b.

Corner lots: Fifteen (15) feet.

D.

Location of Structures. The location of structures relative to the mean high tide line shall comply with the requirements set forth in the combined site and architectural design guidelines for Sierra Point.

E.

Coverage. The maximum coverage by all structures on any lot shall be forty percent (40%).

F.

Height. The height of structures shall comply with the combined site and architectural design guidelines for Sierra Point.

G.

Landscaping Requirements.

1.

A minimum of twenty-five percent (25%) of the total lot area shall be landscaped. Additional landscaping requirements are set forth in the combined site and architectural design guidelines for Sierra Point.

2.

Irrigated Landscapes. New and rehabilitated, irrigated landscapes are subject to the provisions of the water conservation in landscaping ordinance (refer to Chapter 15.70) or the latest state provisions, whichever is more effective in conserving water.

H.

Recycling Area Requirements.

1.

Adequate, accessible and convenient areas for depositing, collecting and loading recyclable materials in receptacles shall be provided. The area shall be located and fully enclosed so as to adequately protect neighboring uses from adverse impacts such as noise, odor, vectors, wind-blown litter or glare. The area shall be designed to prevent storm water run-on to the area and runoff from the area, and roofs shall be designed to drain away from neighboring properties. A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein shall be posted adjacent to all points of direct access to the area.

2.

This requirement shall apply to all new commercial or institutional buildings, and city facilities (including buildings, structures, marinas, and outdoor recreation areas owned by the city) where solid waste is collected and loaded. This requirement shall also apply to any existing development for which building permit applications are submitted within a twelve-month period collectively adding thirty percent (30%) or more to the existing floor area of the development project. The floor area of a marina shall be defined as the space dedicated to the docking or mooring of marine vessels. For existing developments occupied by multiple tenants, this requirement shall apply to building permit applications submitted by any tenant within

a twelve-month period collectively adding thirty percent (30%) or more to the existing floor area of that portion of the development which said tenant leases, and such recycling areas shall be sufficient in capacity, number, and distribution to serve that portion of the development project which said tenant leases.

(Ord. 528 § 1(part), 2008).

(Ord. No. 548, § 7, 11-1-10; Ord. No. 556, § 17, 2-22-11; Ord. No. 607, § 8, 4-7-16)

17.18.045 - Performance standards.

A.

All research and development uses shall submit to the planning department a risk analysis performed by a qualified hazardous or biologic materials professional specifying all hazardous or biologic materials to be utilized and methods of safe handling and disposal prior to building permit or business license issuance.

B.

Research and development involving the use of live animals, specifically permitted in Section 17.18.020.K, shall be conducted in compliance with the Institute of Laboratory Animals Resources' Guide for the Care and Use of Laboratory Animals, and in compliance with all applicable federal, state and local laws and regulations as most recently amended.

C.

Research and development uses involving the use of biological agents shall comply with all design standards set forth in the most current Center for Disease Control (CDC) Office of Health and Safety document "Biosafety in Microbiological and Biomedical Laboratories."

D.

Research and Development involving cannabis is subject to the requirements set forth in Chapter 17.33.

E.

Lighting shall be designed to avoid excessive glare as viewed from offsite locations, in compliance with the California Green Building Standards Code.

(Ord. 528 § 1(part), 2008).

(Ord. No. 556, § 18, 2-22-11; Ord. No. 677, § 4, 3-2-23)

All uses in the SP-CRO district shall comply with the parking regulations set forth in Chapter 17.34 of this title.

(Ord. 528 § 1(part), 2008).

17.18.060 - Signs.

All advertising signs in the SP-CRO district shall comply with the sign programs referenced in the combined site and architectural design guidelines for Sierra Point. If the proposed advertising sign is not covered by such sign programs, it shall comply with the sign regulations set forth in Chapter 17.36 of this title.

(Ord. 528 § 1(part), 2008).

The construction of any principal structure in the SP-CRO district shall be subject to the granting of a design permit in accordance with the provisions of Chapter 17.42 of this title and shall comply with any applicable guidelines as set forth in the combined site and architectural design guidelines for Sierra Point.

(Ord. 528 § 1(part), 2008).

Chapter 17.19 - TC-1 CROCKER PARK TRADE COMMERCIAL DISTRICT

The TC-1 Crocker Park trade commercial district (hereinafter referred to as the "Crocker Park District") is included in the zoning title to achieve the following purposes:

A.

To create a zoning district for Crocker Park that serves to protect and enhance its character and provide for orderly development consistent with the direction in the city's general plan;

B.

To encourage uses that provide economic benefit to the city through the generation of jobs and tax revenues;

C.

To provide for a mix of uses typical of a contemporary business park, including light fabrication, printing and warehousing, with retail uses, restaurants and services for the residents and workforce in the community;

D.

To respect the historical architectural and landscape character of the park;

E.

To protect the community health and safety by establishing permit requirements and performance standards that address potential impacts of trade commercial activity.

(Ord. 403 § 25(part), 1996).

The following uses are permitted uses in the Crocker Park district, if conducted in accordance with the performance standards set forth in Section 17.19.050 of this chapter:

A.

Commercial gyms and health facilities;

B.

Food production;

C.

Light fabrication;

D.

Media studios;

E.

Offices;

F.

Personal services;

G.

Printing;

H.

Research and development, unless the use is classified as a conditional use pursuant to Section 17.19.030(J);

I.

Restaurants;

J.

Retail sales and rental;

K.

Warehousing (excluding freight forwarders).

(Ord. 434 § 1, 1999: Ord. 403 § 25(part), 1996).

(Ord. No. 622, § 4, 11-16-17)

Conditional uses allowed in the Crocker Park district, subject to obtaining a use permit and if conducted in accordance with the performance standards set forth in Section 17.19.050 of this chapter, are as follows:

A.

Active records management services;

B.

Cannabis businesses subject to compliance with Chapter 17.33;

C.

Commercial recreation;

D.

Cultural facilities;

E.

Day care centers when ancillary to other operation of another use;

F.

Educational facilities;

G.

Freight forwarders, subject to compliance with the provisions of Section 17.19.065 of this chapter;

H.

Gasoline service stations;

I.

Medical facilities;

J.

Meeting halls;

K.

Night operations, when subject to the provisions of Section 17.19.060 of this chapter;

L.

Places of worship;

M.

Research and development where the planning director determines, as a result of the risk analysis performed in accordance with Policy No. 166.1 of the general plan, that the use of hazardous materials will constitute a major component of the research and development activities to be conducted on the site. Research and development involving cannabis is additionally subject to the requirements in Chapter 17.33;

N.

Temporary uses;

O.

Veterinary clinics.

(Ord. 440 § 2, 1999: Ord. 434 § 2, 1999: Ord. 403 § 25(part), 1996).

(Ord. No. 617, § 15, 9-7-17)

17.19.040 - Development regulations.

Development regulations in the Crocker Park district are as follows:

A.

Minimum building site required: Ten thousand (10,000) square feet.

B.

Minimum lot dimensions: One hundred (100) feet width.

C.

Required minimum yards:

Front yard: Twenty-five (25) feet;

2.

Side yards: Ten (10) feet;

3.

Rear yard: Ten (10) feet.

D.

Maximum coverage by all structures: Sixty percent (60%).

E.

Maximum allowable height for all structures: Fifty (50) feet, and floor area ratio (FAR) shall not exceed 2.0.

F.

Landscaping Requirements.

1.

Not less than fifteen percent (15%) of the gross lot area shall be improved with landscaping;

2.

Landscaping required under this section, including replacement landscaping, shall be subject to approval of the planning director. The landscape plans shall be consistent with the following objectives:

a.

Use of plants that are not invasive;

b.

Use of water conserving plants; and

c.

Use of plants and other landscape features that are appropriate to the context.

3.

Irrigated Landscapes. New and rehabilitated, irrigated landscapes are subject to the provisions of the water conservation in landscaping ordinance (refer to Chapter 15.70) or the latest state provisions, whichever is more effective in conserving water.

G.

Screening Requirements.

1.

Outside storage of pallets or containers used for the transportation and delivery of items related to the interior use shall not be located in any required setback from a street and shall be screened from off-site view to the extent it is reasonably possible to do so, including, but not limited to, the installation of fencing, landscaping, painting, or any combination thereof.

2.

The off-site visibility of exterior equipment such as heating and ventilation units, above-ground storage tanks, compactors and compressors, shall be mitigated through such measures as may be reasonable under the circumstances, including, but not limited to, the installation of screening, fencing, painting or landscaping, or any combination of the foregoing.

3.

Outdoor storage of approved flammable materials as permitted per Section 17.19.050.A.4 shall not be located in any required setback from a street, or displace required parking spaces, and shall be screened from off-site view through installation of fencing, landscaping, painting, or any combination thereof.

H.

Recycling Area Requirements.

1.

Adequate, accessible and convenient areas for depositing, collecting and loading recyclable materials in receptacles shall be provided. The area shall be located and fully enclosed so as to adequately protect neighboring uses from adverse impacts such as noise, odor, vectors, wind-blown litter or glare. The area shall be designed to prevent storm water run-on to the area and runoff from the area, and roofs shall be designed to drain away from neighboring properties. A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein shall be posted adjacent to all points of direct access to the area.

2.

This requirement shall apply to all new commercial, industrial, or institutional buildings, and city facilities (including buildings, structures, and outdoor recreation areas owned by the city) where solid waste is collected and loaded. This requirement shall also apply to any existing development for which building permit applications are submitted within a twelve-month period collectively adding thirty percent (30%) or more to the existing floor area of the development project. For existing developments occupied by multiple tenants, this requirement shall apply to applications for one or more building permits for a single or multiple alterations submitted by any tenant within a twelve-month period collectively adding thirty percent (30%) or more to the existing floor area of that portion of the development which said tenant leases. Such recycling areas shall, at a minimum, be sufficient in capacity, number, and distribution to serve that portion of the development project which said tenant leases.

I.

In the case of conditional uses, additional regulations may be required.

(Ord. 403 § 25(part), 1996)

(Ord. No. 548, § 8, 11-1-10; Ord. No. 556, § 19, 2-22-11; Ord. No. 607, § 9, 4-7-16; Ord. No. 642, § 1, 117-19)

All uses in the Crocker Park district shall be conducted in accordance with the following performance standards:

A.

All routine aspects of the day-to-day operations of a business, including all storage of materials and products, shall take place entirely within a building, with the following exceptions:

1.

Commercial recreation;

2.

Parking of operable vehicles related to the interior use;

3.

Shipments and deliveries incidental to the primary use.

4.

Approved flammable materials as specified by the North County Fire Authority may be stored outdoors through approval of an exception permit by the zoning administrator in compliance with subsection 17.19.055 of this chapter.

B.

The site shall be kept free of trash and debris and all receptacles for collection and recycling shall be completely screened from view at street level.

C.

Sound insulation, housing or baffles, or other reasonable measures, shall be installed in conjunction with machinery, heating and ventilating equipment when necessary to effectively mitigate sound emissions distinctly detectable from any off-site location.

D.

Odors from any use shall not be generally or distinctly detectable from any off-site location.

E.

Lighting shall be designed to avoid excessive glare at night as viewed from off-site locations, in compliance with the California Green Building Standards Code.

(Ord. 403 § 25(part), 1996).

(Ord. No. 556, § 20, 2-22-11; Ord. No. 642, § 2, 11-7-19)

17.19.055 - Exception permit for outdoor storage of approved flammable materials.

A.

Requirement for an Exception Permit. Except as provided in this section, no business or other use shall conduct outdoor storage of approved flammable materials as specified by the North County Fire Authority

within the TC-1 district.

B.

Authority. The zoning administrator shall have the authority to grant or deny an application for an exception permit for outdoor storage of approved flammable materials as specified by the North County Fire Authority under this section.

C.

Findings to Grant an Exception Permit. The zoning administrator shall not grant an exception permit for the outdoor storage of approved flammable materials in the TC-1 district unless the zoning administrator finds that the granting of the permit would not result in a specific adverse impact upon the public health and safety and that the application will comply with the screening requirements of Section 17.19.040.G.3 of this chapter.

D.

Notification of Application. Prior to granting or denying an exception permit, the zoning administrator shall give written notice of the application for an exception permit to property owners and occupants on both sides of, to the rear of and directly across from the property on which the approved materials are proposed to be stored. The notice shall also be posted at the official posting locations established in Chapter 1.12. The notice shall generally describe the nature, design and location of the proposed approved materials storage and advise the recipients that they may submit written comments on the application by a certain date, which shall be not less than twenty-one (21) days from the date of mailing and posting of the notice.

The zoning administrator shall notify the applicant and each person who has submitted written comments on the application of the zoning administrator's decision to grant or deny the application. The notice shall advise the applicant and the recipients of the right to appeal the zoning administrator's decision to the planning commission.

(Ord. No. 642, § 3, 11-7-19)

A.

Definitions. For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them as set forth below, unless the context or the provision clearly require otherwise:

1.

"Existing business" means a business or other use that is legally operating within the Crocker Park district as of February 8, 1999, in accordance with all zoning regulations applicable thereto, and pursuant to a business license duly issued by the city.

"Night operations" means any activity conducted between the hours of ten (10:00) p.m. and five (5:00) a.m. of the following day.

3.

"Residential property" means any site zoned for residential use.

B.

Requirement for Use Permit to Conduct Night Operations. Except as otherwise provided in subsection C of this section, no business or other use shall engage in the conduct of night operations within the Crocker Park district where the location on the site where such night operations will be conducted is within three hundred (300) feet from the nearest lot line of a residential property. The planning director shall have authority to adopt administrative interpretations and guidelines for measurement of the distance between the night operations and the nearest residential property.

C.

Continuation of Night Operations by Existing Businesses. An existing business which has lawfully been conducting night operations without a use permit prior to February 8, 1999, may continue to conduct night operations on the same site and shall be exempted from the provisions of subsection A of this section, if applicable to such night operations. This exemption shall not apply to any relocation of the night operations to a different site, nor may the exemption be assigned or transferred by the existing business to a different business establishment or use, whether conducted on the same site or elsewhere.

D.

Approving Authority. Applications for a use permit to conduct night operations shall be acted upon by the planning commission and shall be governed by the provisions of Chapter 17.40 of this title, as supplemented by this Section 17.19.060.

E.

Findings for Use Permit Approval. In addition to the findings required by Section 17.40.060, no use permit shall be granted for the conduct of night operations in the Crocker Park district unless the planning commission also finds and determines that:

1.

The night operations conducted by the applicant will not create noise, glare or other effects that are likely to create a sleep disturbance for the occupants of neighboring residential properties; and

2.

To the extent that any noise, glare or other impacts related to the night operations are caused by persons other than the applicant, the applicant has the ability to effectively control and mitigate such impacts.

F.

Use Permit Conditions. Without limiting the authority of the planning commission to impose conditions on the granting of a use permit pursuant to Section 17.40.070, a use permit authorizing the conduct of night operations in the Crocker Park district may contain limitations on the days and hours of operation, restrictions on the nightly volume of vehicle trips, restrictions on the type of vehicles or equipment that may be operated at night, requirements for special devices and measures for abatement of noise and glare, and requirements for mitigation monitoring and periodic mandatory review. The planning commission shall have continuing jurisdiction over every use permit issued pursuant to this section and may at any time, if the original findings required for issuance for the use permit can no longer be made, modify or amend any of the use permit conditions, or impose new and additional conditions, or revoke the use permit.

(Ord. 434 § 3, 1999: Ord. 403 § 25(part), 1996).

17.19.065 - Regulation of freight forwarders.

A.

Findings and Determinations. The city council finds and determines that an increased number of freight forwarders are seeking to relocate in the Crocker Park district. This demand has been created by limitations on available space for freight forwarding businesses in neighboring cities and at the San Francisco Airport. Freight forwarders already comprise a significant portion of all businesses operating within the Crocker Park district. Unless a restriction on the establishment of additional businesses is adopted, the increased demand for space could result in an excessive concentration of freight forwarders in Crocker Park, contrary to the objective of maintaining a mixture of different land uses, as prescribed by the general plan. In addition, freight forwarders typically operate at night, utilizing large trucks and equipment that may disturb the occupants of adjacent residential neighborhoods. Special regulations are therefore required in order to mitigate and avoid the potential adverse impacts caused by freight forwarders.

B.

Exemption for Existing Freight Forwarders.

1.

A freight forwarder that was legally operating within the Crocker Park district as of February 8, 1999, in accordance with all zoning regulations applicable to such use and pursuant to a business license duly issued by the city, shall be deemed to be a conforming use and no use permit or other approval shall be required for the continued operation of such business on the same site. This exemption shall remain in effect for so long as a freight forwarding use is being conducted on the site, notwithstanding any change in the identity of the freight forwarder occupying the property or any change of ownership of the property on which the use is being conducted. However, the exemption shall conclusively be deemed to have been voluntarily relinquished if the site formerly occupied by a freight forwarder is occupied by any other use. No change of use shall be deemed to have occurred solely by reason of the fact that the property is vacant.

2.

The exemption provided by Section 17.19.065(B)(1) applies only to the site on which the existing freight forwarding use is being conducted and may not be relocated, assigned, or transferred to any other site within the Crocker Park district. In addition, the exemption from the requirement to obtain a use permit for

the conduct of a freight forwarding business shall not exempt such freight forwarder from the requirement to obtain a use permit for night operations pursuant to Section 17.19.060 where such freight forwarder was not engaged in the conduct of night operations prior to February 8, 1999 and desires to commence night operations after such date at a location within three hundred (300) feet from the nearest lot line of a residential property.

C.

Limitation on the Number of Freight Forwarders. No use permit shall be granted for the establishment of any new freight forwarder use in the Crocker Park district where the gross square footage to be occupied by such use, when added to the gross square footage then occupied by all other freight forwarders in the Crocker Park district, would exceed twenty percent (20%) of the total gross square footage of all buildings in the Crocker Park district. The determinations of square footage referred to herein shall be made by the Planning Director, based upon building plans and business license records on file with the city and such other information as the planning director may deem appropriate to consider.

D.

Approving Authority. Applications for a use permit for a freight forwarder shall be acted upon by the planning commission and shall be governed by the provisions of Chapter 17.40 of this title, as supplemented by this Section 17.19.065.

E.

Findings for Use Permit Approval. In addition to the findings required by Section 17.40.060, no use permit shall be granted for establishment of a freight forwarder in the Crocker Park district unless the planning commission finds and determines that the improvements on the site comply with all applicable design and building standards for the proposed freight forwarding use and such additional requirements as may be determined by the city engineer, including, but not limited to, size and layout of parking and loading areas, dock height and clearance, traffic circulation, and method of ingress to and egress from the site. If the freight forwarder intends to engage in night operations, a separate use permit for such activity must be obtained pursuant to Section 17.19.060.

F.

Continuing Jurisdiction of Planning Commission. The planning commission shall have continuing jurisdiction over every use permit issued pursuant to this section and may at any time, if the original findings required for issuance of the use permit can no longer be made, modify or amend any of the use permit conditions, or impose new and additional conditions, or revoke the use permit.

G.

Administrative Guidelines. The planning director is authorized to adopt administrative interpretations and guidelines for implementation of this section, including, but not limited to, the determination of exemptions for existing freight forwarders under subsection B of this section and the determinations of square footage areas under subsection C of this section.

(Ord. 434 § 4, 1999).

Off-street parking facilities shall be provided for each use on the site in accordance with the requirements set forth in Chapter 17.34 of this title. No off-street parking shall be allowed within the front yard setback as prescribed in Section 17.19.040(C) of this chapter; provided, however, the planning director is authorized to grant exceptions from this restriction for handicapped parking spaces where the planning director determines that placement of a handicapped parking space within the front yard setback is the most suitable location on the site.

(Ord. 434 § 5, 1999: Ord. 403 § 25(part), 1996).

Signs allowed in the Crocker Park district are as specified in Chapter 17.36.

(Ord. 403 § 25(part), 1996).

The construction of any building in the Crocker Park district shall be subject to the granting of a design permit in accordance with the provisions of Chapter 17.42 of this title and any applicable design guidelines adopted by the city.

(Ord. 403 § 25(part), 1996).

Chapter 17.20 - M-1 MANUFACTURING DISTRICT

The following uses are permitted in the M-1 district, all within a building, except for limited outside storage of vehicles and equipment related to the interior use, and all submitting evidence of safe, clean, quiet operation:

A.

Commercial gyms and health facilities;

B.

Data centers;

C.

Food production and distribution, provided that odors from such use shall not be generally or distinctly detectable from any off-site location;

D.

Freight forwarding;

E.

Light manufacturing, assembling, processing;

F.

Offices;

G.

Printing;

H.

Research and development;

I.

Retail sales and rental; and

J.

Warehousing.

(Ord. 353 § 4, 1989: Ord. 298 § 4.8(A), 1984).

(Ord. No. 599, § 2, 11-19-15)

17.20.020 - Conditional uses.

Conditional uses allowed in the M-1 district, subject to obtaining a use permit, are as follows:

A.

As specified in Chapter 17.32;

B.

Commercial recreation;

C.

Gasoline service stations;

D.

Heavy equipment repair and automotive repair shop (both automobile light repair and automobile heavy repair, including for vehicle fleets), including EPA-compliant fueling facilities accessory to such operations;

E.

Outside storage of trucks and equipment, when properly screened; and

F.

Restaurant and bars connected with restaurant use.

(Ord. 353 § 5, 1989: Ord. 298 § 4.8(B), 1984).

(Ord. No. 599, § 2, 11-19-15)

17.20.030 - Development regulations.

Development regulations in the M-1 district are as follows:

A.

Minimum building site required, ten thousand (10,000) square feet;

B.

Minimum lot dimensions; one hundred (100) feet width;

C.

Required minimum yards:

Front yard, twenty-five (25) feet;

Side yards, ten (10) feet;

Rear yard, ten (10) feet;

D.

Maximum coverage by all structures, sixty percent (60%);

E.

Maximum allowable height for all structures, fifty (50) feet, provided gross floor area ratio to land may not exceed two (2) to one;

F.

Landscaping Requirements.

1.

Not less than fifteen percent (15%) of the gross lot area shall be improved with landscaping;

Landscaping required under this section, including replacement landscaping, shall be according to detailed plans approved by the planning director. The landscape plans shall be consistent with the following objectives:

a.

Use of plants that are not invasive;

b.

Use of water conserving plants; and

c.

Use of plants and other landscape features that are appropriate to the context.

3.

Irrigated Landscapes. New and rehabilitated, irrigated landscapes are subject to the provisions of the water conservation in landscaping ordinance (refer to Chapter 15.70) or the latest state provisions, whichever is more effective in conserving water.

G.

Recycling Area Requirements.

1.

Adequate, accessible and convenient areas for depositing, collecting and loading recyclable materials in receptacles shall be provided. The area shall be located and fully enclosed so as to adequately protect neighboring uses from adverse impacts such as noise, odor, vectors, wind-blown litter or glare. The area shall be designed to prevent storm water run-on to the area and runoff from the area, and roofs shall be designed to drain away from neighboring properties. A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein shall be posted adjacent to all points of direct access to the area.

2.

This requirement shall apply to all new commercial, industrial, or institutional buildings, and city facilities (including buildings, structures, and outdoor recreation areas owned by the city) where solid waste is collected and loaded. This requirement shall also apply to any existing development for which building permit applications are submitted within a twelve (12) month period collectively adding thirty percent (30%)or more to the existing floor area of the development project. For existing developments occupied by multiple tenants, this requirement shall apply to applications for one or more building permits for a single or multiple alterations submitted by any tenant within a twelve (12) month period collectively adding thirty percent (30%)or more to the existing floor area of that portion of the development which said tenant leases. Such recycling areas shall, at a minimum, be sufficient in capacity, number, and distribution to serve that portion of the development project which said tenant leases.

H.

In the case of conditional uses, additional regulations may be required.

(Ord. 298 § 4.8(C), 1984).

(Ord. No. 548, § 9, 11-1-10; Ord. No. 556, § 21, 2-22-11; Ord. No. 607, § 10, 4-7-16)

17.20.040 - Exceptions.

Exceptions are as specified in Chapter 17.32.

(Ord. 298 § 4.8(D), 1984).

17.20.050 - Parking.

Parking in the M-1 district as specified in Chapter 17.34.

(Ord. 298 § 4.8(E), 1984).

17.20.060 - Signs.

Signs allowed in the M-1 district are as specified in Chapter 17.36.

(Ord. 298 § 4.8(F), 1984).

17.20.070 - Design review.

Design review in the M-1 district are as specified in Chapter 17.42.

(Ord. 298 § 4.8 (G), 1984).

Chapter 17.21 - TC-2 SOUTHEAST BAYSHORE TRADE COMMERCIAL DISTRICT ("TC-2 COMMERCIAL DISTRICT")

17.21.010 - Permitted uses.

The following uses are permitted in the TC-2 commercial district, all within a building, except for limited outside storage of vehicles and equipment related to the interior use, and all submitting evidence of safe, clean, quiet operation:

A.

Commercial gyms and health facilities;

B.

Data centers;

C.

Food production and distribution, provided that odors from such use shall not be generally or distinctly detectable from any off-site location;

D.

Freight forwarding;

E.

Light manufacturing, assembling, processing;

F.

Offices;

G.

Printing;

H.

Research and development;

I.

Retail sales and rental; and

J.

Warehousing.

(Ord. No. 618, § 1, 5-18-17)

17.21.020 - Conditional use.

Conditional uses allowed in the TC-2 commercial district, subject to obtaining a use permit, are as follows:

A.

As specified in Chapter 17.32;

B.

Commercial recreation;

C.

Gasoline service stations;

D.

Heavy equipment repair and automotive repair shop (both automobile light repair and automobile heavy repair, including for vehicle fleets), including EPA-compliant fueling facilities accessory to such operations;

E.

Outside storage of trucks and equipment, when properly screened; and

F.

Restaurant and bars connected with restaurant use.

(Ord. No. 618, § 1, 5-18-17)

17.21.030 - Development regulations.

Development regulations in the TC-2 commercial district are as follows:

A.

Minimum building site required, ten thousand (10,000) square feet;

B.

Minimum lot dimensions; one hundred (100) feet width;

C.

Required minimum yards:

1.

Front yard, twenty-five (25) feet;

2.

Side yards, ten (10) feet;

3.

Rear yard, ten (10) feet;

D.

Maximum coverage by all structures, sixty percent (60%);

E.

Maximum allowable height for all structures, fifty (50) feet, provided gross floor area ratio to land may not exceed two (2) to one;

F.

Landscaping Requirements.

1.

Not less than fifteen percent (15%) of the gross lot area shall be improved with landscaping;

2.

Landscaping required under this section, including replacement landscaping, shall be according to detailed plans approved by the planning director. The landscape plans shall be consistent with the following objectives:

a.

Use of plants that are not invasive;

b.

Use of water conserving plants; and

c.

Use of plants and other landscape features that are appropriate to the context.

3.

Irrigated Landscapes. New and rehabilitated, irrigated landscapes are subject to the provisions of the water conservation in landscaping ordinance (refer to Chapter 15.70) or the latest state provisions, whichever is more effective in conserving water.

G.

Recycling Area Requirements.

1.

Adequate, accessible and convenient areas for depositing, collecting and loading recyclable materials in receptacles shall be provided. The area shall be located and fully enclosed so as to adequately protect neighboring uses from adverse impacts such as noise, odor, vectors, wind-blown litter or glare. The area shall be designed to prevent storm water run-on to the area and runoff from the area, and roofs shall be designed to drain away from neighboring properties. A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein shall be posted adjacent to all points of direct access to the area.

2.

This requirement shall apply to all new commercial, industrial, or institutional buildings, and city facilities (including buildings, structures, and outdoor recreation areas owned by the city) where solid waste is collected and loaded. This requirement shall also apply to any existing development for which building permit applications are submitted within a twelve (12) month period collectively adding thirty percent

l apply to all new commercial, industrial, or institutional buildings, and city facilities (including buildings, structures, and outdoor recreation areas owned by the city) where solid waste is collected and loaded. This requirement shall also apply to any existing development for which building permit applications are submitted within a twelve (12) month period collectively adding thirty percent

(30%)or more to the existing floor area of the development project. For existing developments occupied by multiple tenants, this requirement shall apply to applications for one or more building permits for a single or multiple alterations submitted by any tenant within a twelve (12) month period collectively adding thirty percent (30%)or more to the existing floor area of that portion of the development which said tenant leases. Such recycling areas shall, at a minimum, be sufficient in capacity, number, and distribution to serve that portion of the development project which said tenant leases.

H.

In the case of conditional uses, additional regulations may be required.

(Ord. No. 618, § 1, 5-18-17)

17.21.040 - Exceptions.

Exceptions are as specified in Chapter 17.32.

(Ord. No. 618, § 1, 5-18-17)

17.21.050 - Parking.

The parking requirements in the TC-2 commercial district are as specified in Chapter 17.34.

(Ord. No. 618, § 1, 5-18-17)

17.21.060 - Signs.

Signs allowed in the TC-2 commercial district are as specified in Chapter 17.36.

(Ord. No. 618, § 1, 5-18-17)

17.21.070 - Design review.

Design review in the TC-2 commercial district is as specified in Chapter 17.42.

(Ord. No. 618, § 1, 5-18-17)

Chapter 17.22 - C/P-U NORTHWEST BAYSHORE COMMERCIAL/PUBLIC UTILITIES DISTRICT

17.22.010 - Permitted uses.

The following uses are permitted in the C/P-U district:

A.

Public Utilities:

Public utility facilities and buildings.

Offices, warehousing and light fabrication associated with public utilities.

3.

Outdoor storage of trucks and equipment associated with public utilities, when screened from public views.

4.

Vehicle service and repair.

B.

Commercial Uses:

1.

Restaurants and bars;

(Ord. No. 623, § 2, 1-4-18)

17.22.020 - Conditional uses.

A.

Public Utilities:

1.

Public utility facilities or buildings, when not screened from views along Bayshore Boulevard or Geneva Avenue, unless exempt from discretionary review under a General Order of the California Public Utilities Code.

B.

Commercial Uses:

1.

Vehicle service and repair.

(Ord. No. 623, § 2, 1-4-18)

Development regulations in the C/P-U district are as follows:

A.

Public Utilities. The following development regulations shall apply to public utility lots facilities or buildings, unless exempt from discretionary review under a General Order of the Public Utilities Code:

Lot Area. The minimum area of any public utility lot in the C/P-U district shall be ten thousand (10,000) square feet

2.

Setbacks. The minimum setbacks from any lot line shall be fifty (50) feet.

3.

Height. The maximum height of any structure shall be fifty (50) feet.

4.

Lot Coverage. The maximum lot coverage shall be sixty percent (60%).

B.

Commercial:

1.

Lot Area. The minimum area for any commercial lot shall be four thousand, five hundred (4,500) square feet.

2.

Setbacks. NA.

3.

Height. The maximum height of any structure shall be twenty-eight (28) feet.

4.

Lot Coverage. The maximum lot coverage shall be ninety percent (90%).

5.

Landscaping Requirements.

a.

Not less than five percent (5%) of the gross lot area shall be improved with landscaping;

b.

Landscaping required under this section, including replacement landscaping, shall be according to detailed plans approved by the planning director. The landscape plans shall be consistent with the following objectives:

i.

Use of plants that are not invasive;

ii.

Use of water conserving plants; and

iii.

Use of plants and other landscape features that are appropriate to the context.

c.

Irrigated Landscapes. New and rehabilitated, irrigated landscapes are subject to the provisions of the water conservation in landscaping ordinance (refer to Chapter 15.70) or the latest state provisions, whichever is more effective in conserving water.

C.

Recycling Area Requirements.

1.

Adequate, accessible and convenient areas for depositing, collecting and loading recyclable materials in receptacles shall be provided. The area shall be located and fully enclosed so as to adequately protect neighboring uses from adverse impacts such as noise, odor, vectors, wind-blown litter or glare. The area shall be designed to prevent storm water run-on to the area and runoff from the area, and roofs shall be designed to drain away from neighboring properties. A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein shall be posted adjacent to all points of direct access to the area.

2.

This requirement shall apply to all new commercial, industrial, or institutional buildings, and city facilities (including buildings, structures, and outdoor recreation areas owned by the city) where solid waste is collected and loaded. This requirement shall also apply to any existing development for which building permit applications are submitted within a twelve (12) month period collectively adding thirty percent (30%)or more to the existing floor area of the development project. For existing developments occupied by multiple tenants, this requirement shall apply to applications for one or more building permits for a single or multiple alterations submitted by any tenant within a twelve (12) month period collectively adding thirty percent (30%)or more to the existing floor area of that portion of the development which said tenant leases. Such recycling areas shall, at a minimum, be sufficient in capacity, number, and distribution to serve that portion of the development project which said tenant leases.

D.

In the case of conditional uses, additional regulations may be required.

(Ord. No. 623, § 2, 1-4-18)

Off-street parking facilities shall be provided for each use on the site in accordance with the requirements set forth in Chapter 17.34 of this title; provided however, that no off-street parking shall be required for commercial uses in the C/P-U district.

(Ord. No. 623, § 2, 1-4-18)

17.22.050 - Signs.

Signs allowed in the C/P-U district are as specified in Chapter 17.36.

(Ord. No. 623, § 2, 1-4-18)

17.22.060 - Design review.

A.

Public Utility Facilities or Buildings. Public utility facilities or buildings unless exempt from discretionary review under a general order of the public utilities commission in the C/P-U district that are not screened from public views, along the frontages of Bayshore Boulevard or Geneva Avenue, shall be subject to the granting of a design permit in accordance with the provisions of Chapter 17.42 of this title. The planning director shall have the authority to refer any project to the planning commission for design review that does not appear to be screened, or based on other unusual circumstances.

B.

Commercial Structures. The construction of any principal commercial structure in the C/P-U district shall be subject to the granting of a design permit in accordance with the provisions of Chapter 17.42 of this title.

(Ord. No. 623, § 2, 1-4-18)

Chapter 17.24 - MLB MARSH LAGOON BAYFRONT DISTRICT[[5]]

Footnotes:

--- ( 5 ) ---

Prior ordinance history: Ords. 298 and 445.

In addition to the objectives set forth in Section 17.01.030, the MLB Marsh Lagoon Bayfront District (hereinafter referred to as the "MLB district") is included in the zoning ordinance to achieve the following purposes:

A.

To protect areas identified in the general plan as having unique aquatic resources and to distinguish uses that rely on adjacency and access to aquatic and riparian areas and are consistent with the redevelopment

plans for Redevelopment Project Areas 1 and 2.

B.

To establish application requirements to assure that proposed projects address the environmental goals for aquatic areas in the city as set forth in the city's general plan.

(Ord. 481 § 6(part), 2003).

There are no permitted uses in the MLB district. Only those uses designated as conditional uses in Section 17.24.030 may be established, subject to the issuance of a use permit in accordance with the requirements of this chapter.

(Ord. 481 § 6(part), 2003).

The following conditional uses may be allowed in the MLB district, upon the granting of a use permit pursuant to Chapter 17.40 of this title and subject to the additional requirement that such uses must be water-oriented and necessarily conducted within or adjacent to aquatic or riparian areas:

A.

Commercial recreation.

B.

Personal services.

C.

Retail sales and rental.

D.

Educational facilities.

E.

Scientific research.

F.

Habitat restoration and wildlife protection.

G.

Transit/transportation facilities.

H.

Marinas.

(Ord. 481 § 6(part), 2003).

A.

Development regulations in the MLB district shall be determined by use permit.

B.

Recycling Area Requirements.

1.

Adequate, accessible and convenient areas for depositing, collecting and loading recyclable materials in receptacles shall be provided. The area shall be located and fully enclosed so as to adequately protect neighboring uses from adverse impacts such as noise, odor, vectors, wind-blown litter or glare. The area shall be designed to prevent storm water run-on to the area and runoff from the area, and roofs shall be designed to drain away from neighboring properties. A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein shall be posted adjacent to all points of direct access to the area.

2.

This requirement shall apply to all new commercial or institutional buildings, and city facilities (including buildings, structures, marinas, and outdoor recreation areas owned by the city) where solid waste is collected and loaded. This requirement shall also apply to any existing development for which building permit applications are submitted within a twelve-month period collectively adding thirty percent (30%)or more to the existing floor area of the development project. The floor area of a marina shall be defined as the space dedicated to the docking or mooring of marine vessels. For existing developments occupied by multiple tenants, this requirement shall apply to building permit applications submitted by any tenant within a twelve-month period collectively adding thirty percent (30%)or more to the existing floor area of that portion of the development which said tenant leases. Such recycling areas shall, at a minimum, be sufficient in capacity, number, and distribution to serve that portion of the development project which said tenant leases.

(Ord. 481 § 6(part), 2003; Ord. No. 556, § 22, 2-22-11).

In addition to the application requirements set forth in Chapter 17.40, the following information shall be submitted with any application for a use permit in the MLB district:

A.

Identification of riparian and other aquatic vegetation that may be affected by the proposed use, especially that which provides habitat for native species.

B.

A site plan showing the location of the proposed use and the jurisdictional boundaries within the site of any federal, state or regional agency having jurisdiction over the project.

C.

Description of the manner in which public facilities, services and utilities wifi be provided to the site, if applicable, and whether wetland or riparian areas will be affected by service installations.

D.

A visual impact analysis showing the enhancements or mitigation measures that are proposed to make the use compatible with the natural setting.

E.

A statement explaining the relationship of the proposed use with the aquatic or riparian area in, or adjacent to which, it will be conducted.

(Ord. 481 § 6(part), 2003).

17.24.060 - Offsite signs on vessels prohibited.

A.

Definitions. As used in this section, the following terms shall have the meaning set forth below:

1.

"On-site sign" means (a) a sign which identifies or advertises a business, good, commodity, service, industry, or other activity which is sold, offered, or conducted, other than incidentally, on the vessel upon which the sign is displayed; or (b) a sign which identifies or advertises a good or commodity that is being transported on a vessel or identifies or advertises a container in which a good or commodity is being transported on a vessel, where the sign is displayed on the good, commodity or container.

2.

"Off-site sign" means a sign which identifies or advertises a business, good, commodity, service, industry, or other activity which is sold, offered, or conducted off the vessel upon which the sign is displayed, or which is sold, offered, or conducted on such vessel only incidentally, if at all.

3.

"Sailboat" means any watercraft designed to be capable of being propelled solely by wind power.

4.

"Sign" means any structure, part thereof, or device or inscription which is displayed on any vessel and which includes any alpha-numeric lettering, model, banner, trademark, emblem, insignia, symbol, device,

light, ornamentation, picture or other representation which identifies or advertises any person, group, organization, place, commodity, product, business, service, profession, enterprise or industry.

5.

"Vessel" means any watercraft of any kind, including, but not limited to, motorized, towed, or sailing watercraft such as ships, boats, tugboats, barges, and sailboats.

B.

Off-site Signs Prohibited. No off-site sign may be displayed on the outside of any vessel located or traveling upon any waters within the MLB district.

C.

Exemptions. The prohibition in this section shall not apply to:

1.

Any on-site sign displayed on the outside of any vessel; or

2.

Any sign displayed on the hull or sails of a sailboat, provided that the sails are designed, and are being used, primarily for the propulsion of the sailboat.

(Ord. 481 § 6(part), 2003).

Chapter 17.26 - O-S OPEN SPACE DISTRICT

The purpose of the O-S district is to provide for the preservation, conservation and use of open space lands which form a part of the open space system of the city. It is the further purpose of the O-S district to limit the use of such lands to appropriate open space uses and related uses so long as the lands shall remain in the O-S district, and, in the event of an application for the reclassification of any such lands to other than open space zoning, to insure sufficient time prior to reclassification to enable the city or other responsible agency to negotiate for the purchase or other acceptable arrangement to continue the land in open space use. This section is not intended as authorizing the city to adopt or reclassify open space lands in any manner which will take or damage private property for public use without the payment of just compensation therefor.

(Ord. 298 § 4.11(A), 1984).

All lands designated as open space in the open space element of the Brisbane general plan may be included in the O-S district. Such lands may include but are not limited to the following:

A.

Public parks, playgrounds and school grounds;

B.

Private school grounds and church grounds of a predominantly open character;

C.

Golf course and country clubs;

D.

Privately and jointly-owned open spaces reserved for open space use as part of a planned development;

E.

Land which, because of steep slope, geotechnical hazard, or similar reason, is unsuitable for development;

F.

Any other publicly or privately owned open space which in the opinion of the planning commission functions as a part of the open space system of the city and is included in the open space element of the Brisbane general plan.

(Ord. 298 § 4.11(B), 1984).

17.26.030 - Permitted principal uses.

Following are the principal uses permitted in the O-S district:

A.

Active and passive recreation including any structures incidental to such use existing at the time of inclusion in the O-S district;

B.

Educational and cultural uses including any structures incidental to such uses existing at the time of inclusion in the O-S district;

C.

Agriculture and horticulture including any structures incidental to such uses existing at the time of inclusion in the O-S district;

D.

Open space as a reserve for fire protection, seismic safety, water conservation, protection of view or similar appropriate purpose;

E.

Open space as conserved wildlife habitat.

(Ord. 298 § 4.11(C), 1984).

17.26.040 - Permitted accessory uses.

Following are the accessory uses permitted in the O-S district:

A.

Uses and buildings normally incidental and accessory to a principal use.

(Ord. 298 § 4.11(D), 1984).

Following are the uses which may be permitted in an O-S district subject to securing of a use permit:

A.

Any addition to an existing structure which will increase the coverage of the structure, or any new structure, except minor recreational or horticultural structures such as playground equipment, trellises, fences and the like;

B.

Any commercial use which may be conducted on open space land without substantially detracting from its value as open space.

(Ord. 298 § 4.11(E), 1984).

17.26.060 - Reclassification.

The procedure for the reclassification of land set forth in Chapter 17.50 shall apply to property in the O-S district subject to the following modifications:

A.

Following a public hearing the planning commission shall determine whether it is in the public interest of the city to retain the subject property in open space use as against permitting its reclassification to the use applied for. The decision on this question shall be made by resolution and the decision of the planning commission shall be transmitted to the city council together with a report setting forth reasons for said decision.

B.

Following receipt of the recommendation of the planning commission, the city council shall hold a public hearing. Following such hearing the council may decide by resolution either to:

Seek means to retain the property in question in open space, or

2.

Permit a reclassification of the subject property.

C.

Should the council's decision be the first alternative, all further proceedings for the reclassification of the property shall be halted for a period of not to exceed ninety (90) days from the date of council action, during which time the city council shall actively seek to negotiate arrangements, which may include purchase or other acceptable means, to retain the property in open space use. The period set forth herein may be extended by mutual agreement of the council and the applicant for reclassification. If, at the end of the ninety (90) days, or such longer period as may be agreed upon, no satisfactory arrangement has been concluded, the matter shall be remanded to the planning commission for consideration of the reclassification applied for. The commission shall thereafter proceed in accordance with the provisions of Chapter 17.50.

D.

Should the council's decision be the second alternative as listed in subdivision 2 of subsection B of this section, the matter shall thereupon forthwith be returned to the planning commission which shall consider the reclassification applied for in accordance with the procedure set forth in Chapter 17.50.

(Ord. 298 § 4.11(F), 1984).

17.26.070 - Development regulations.

A.

Recycling Area Requirements.

1.

Adequate, accessible and convenient areas for depositing, collecting and loading recyclable materials in receptacles shall be provided. The area shall be located and fully enclosed so as to adequately protect neighboring uses from adverse impacts such as noise, odor, vectors, wind-blown litter or glare. The area shall be designed to prevent storm water run-on to the area and runoff from the area, and roofs shall be designed to drain away from neighboring properties. A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein shall be posted adjacent to all points of direct access to the area.

2.

This requirement shall apply to all new commercial or institutional buildings, and city facilities (including buildings, structures, and outdoor recreation areas owned by the city) where solid waste is collected and loaded. This requirement shall also apply to any existing development for which building permit applications are submitted within a twelve-month period collectively adding thirty percent (30%)or more to the existing floor area of the development project.

(Ord. No. 556, § 23, 2-22-11)

Chapter 17.27 - PAOZ PARKSIDE OVERLAY DISTRICT

A.

The Parkside overlay district is included in the zoning ordinance to implement the Parkside at Brisbane Village Precise Plan ("Parkside Precise Plan") adopted by city council Resolution No. 2017-50 and to achieve the following purposes:

1.

To create an overlay zoning district for the Parkside subarea that provides for residential development within certain properties located with the Crocker Industrial Park consistent with the Parkside Precise Plan and the City's General Plan while preserving the underlying TC-1 Crocker Park Trade Commercial District designation applicable to those properties;

2.

To encourage redevelopment of existing office and warehouse uses within the Parkside subarea with new residential development at sufficient minimum densities so as to provide opportunities for new affordable housing within the city;

3.

To ensure that new residential development within the Parkside subarea is consistent with the scale and form of the city's built environment and provides amenities for new and existing residents alike;

4.

To respect the pedestrian scale and setting of the surrounding Central Brisbane and Crocker Industrial Park subareas;

5.

To protect the community health and safety by establishing development regulations to eliminate potential conflicts between new residential uses and surrounding trade commercial uses in the Crocker Industrial Park; and

B.

To achieve the purposes of this chapter, the Parkside overlay district is divided into two geographical areas, namely: The PAOZ-1 district consisting of those properties within the Parkside subarea along the south side of Park Place, and the PAOZ-2 district consisting of those properties within the Parkside subarea along the west side of Park Lane, as shown on the city's zoning map adopted pursuant to Chapter 17.04 of this title.

(Ord. No. 624, § 3, 2-1-18)

The following are permitted uses in the PAOZ-1 and PAOZ-2 districts:

(Ord. No. 624, § 3, 2-1-18; Ord. No. 653, § 20, 10-15-20; Ord. No. 665, § 9, 11-4-21)

17.27.030 - Conditional uses.

There are no conditionally permitted uses.

(Ord. No. 624, § 3, 2-1-18)

17.27.040 - Development regulations for the PAOZ-1 district.

Development regulations for the PAOZ-1 district are as follows:

A.

Lot Area. There is no minimum lot area.

B.

Density of Development. The minimum development density for any site shall be twenty (20) dwelling units per acre and the maximum development density shall be twenty-eight (28) dwelling units per acre.

C.

Lot Dimensions. There are no minimum lot dimensions.

D.

Setbacks. The minimum required setbacks for any building shall be as follows:

1.

Front: Five (5) feet minimum, fifteen (15) feet maximum.

2.

Side: Five (5) feet minimum, ten (10) feet maximum.

3.

Street Side: Ten (10) feet minimum and maximum.

4.

Rear: Fifteen (15) feet minimum.

5.

Any architectural projection (including lobbies, porches, stoops, canopies, and other entry-related architectural features) may extend up to two (2) feet into the required front setback area.

E.

Lot Coverage. There is no maximum lot coverage.

F.

Floor Area Ratio. There is no maximum floor area ratio.

G.

Height.

1.

Buildings and Architectural Features. The maximum building height shall be thirty-eight (38) feet and three (3) stories. Architectural features, including chimneys, elevators, towers, turrets, eaves, skylights or roof windows, utilities, utility penthouses, and solar panels, are allowed to project up to a maximum of ten (10) feet above the maximum building height.

2.

Fences and Walls. Fences and walls in front yards shall be no more than three (3) feet in height from the adjacent sidewalk. Fences and walls in side yards shall not exceed six (6) feet in height. Deviations from maximum fence and wall heights shall require approval by the planning commission as provided in Section 17.32.050.B.5. of this title.

H.

Landscaping Requirements. Not less than thirty percent (30%) of the lot area shall be landscaped. New and rehabilitated, irrigated landscapes are subject to the water conservation in landscaping ordinance (refer to Chapter 15.70) or the latest state provisions, whichever is more effective in conserving water. Landscaping shall conform to the development standards established in Section 3.5 of the Parkside Precise Plan. The addition of an attached or detached accessory dwelling unit greater than eight hundred (800) square feet shall not result in a loss of the required landscaping. The addition of an attached or detached accessory dwelling unit that is eight hundred (800) square feet or less may result in a loss of the required landscape area.

I.

Open Area Requirements. At least four hundred (400) square feet of open area shall be provided for the dedicated use of each dwelling unit. The open area requirement shall not be met by shared or communal open areas. The addition of an attached or detached accessory dwelling unit greater than eight hundred (800) square feet shall not result in a loss of the required open areas. The addition of an attached or detached accessory dwelling unit that is eight hundred (800) square feet or less may result in a loss of the required open area.

J.

Building Design. All buildings shall substantially comply with the building design standards established in Section 3.3 of the Parkside Precise Plan. Projects that do not comply with those building design standards shall be subject to design review as set forth in Section 17.27.060.B., in addition to any other discretionary review required by the specific deviations.

K.

Site Design. All projects shall substantially comply with the site design standards established in Section 3.4 of the Parkside Precise Plan. Projects that do not comply with those site design standards shall be subject to design review as set forth in Section 17.27.060.B., in addition to any other discretionary review required by the specific deviations.

L.

Parking. Required on-site parking for single-family dwellings shall be two (2) spaces per dwelling, both of which shall be in an enclosed garage. For multiple-family dwellings, accessory dwelling units, and junior accessory dwelling units, required on-site parking and additional guest parking shall be provided as set forth in Section 17.34.020 of this title.

1.

Design Requirements. Off-street parking facilities shall comply with the design standards as set forth in Table 1, which appears immediately following this section.

M.

Recycling Area Requirements.

1.

Adequate, accessible and convenient areas for depositing, collecting and loading recyclable materials in receptacles shall be provided. The area shall be located and fully enclosed so as to adequately protect neighboring uses from adverse impacts such as noise, odor, vectors, wind-blown litter or glare. The area shall be designed to prevent storm water run-on to the area and runoff from the area, and roofs shall be designed to drain away from neighboring properties. A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein shall be posted adjacent to all points of direct access to the area.

2.

These requirements shall apply to all new residential buildings having five (5) or more dwelling units, institutional buildings and city facilities (including buildings, structures, and outdoor recreation areas owned by the city) where solid waste is collected and loaded. These requirements shall also apply to an existing development project for which building permit applications are submitted within a twelve-month period that collectively add thirty percent (30%) or more to the existing floor area of the development project.

(Ord. No. 624, § 3, 2-1-18; Ord. No. 653, § 21, 10-15-20)

Development regulations for the PAOZ-2 district are as follows:

A.

Lot Area. There is no minimum lot area.

B.

Density of Development. The minimum development density for any site shall be twenty-four (24) dwelling units per acre and the maximum development density shall be twenty-eight (28) dwelling units per acre.

C.

Lot Dimensions. There are no minimum lot dimensions.

D.

Setbacks. The minimum required setbacks for any building shall be as follows:

1.

Front: Five (5) feet minimum, twenty (20) feet maximum.

Any architectural projection (including lobbies, porches, stoops, canopies, and other entry-related architectural features) may extend up to two (2) feet into the required front setback area.

2.

Side: Five (5) feet minimum.

Upper floor second and third-story balconies may extend up to two (2) feet into the required side setback area.

3.

Street Side: Ten (10) feet minimum and maximum.

4.

Rear: Fifteen (15) feet minimum.

E.

Lot Coverage. The maximum coverage by all structures on any lot shall be sixty percent (60%); provided, however, pursuant to state law, the maximum lot coverage shall not preclude a housing development project of at least three (3) units but not more than ten (10) units that otherwise meets the requirements of this chapter and Government Code Section 65913.11, as such requirements are determined by the building official; in such instance, no variance shall be required.

F.

Floor Area Ratio. There is no maximum floor area ratio.

G.

Height.

1.

Buildings and Architectural Features. The maximum building height shall be forty (40) feet and three (3) stories. Architectural features, including chimneys, elevators, towers, turrets, eaves, skylights or roof windows, utilities, utility penthouses, and solar panels, are allowed to project up to a maximum of ten (10) feet above the maximum building height.

2.

Fences and Walls. Fences and walls in front yards shall be no more than three (3) feet in height from the adjacent sidewalk. Fences and walls in side yards shall not exceed six (6) feet in height. Deviations from the fence and wall heights shall require approval by the planning commission as set forth in Section 17.32.050(B)(5) of this title.

H.

Landscaping Requirements. Not less than twenty percent (20%) of the lot area shall be landscaped. New and rehabilitated, irrigated landscapes are subject to the provisions of the water conservation in landscaping ordinance (refer to Chapter 15.70) or the latest state provisions, whichever is more effective in conserving water. Landscaping shall conform to the development standards established in Section 3.5 of the Parkside Precise Plan. The addition of an attached or detached accessory dwelling unit greater than eight hundred (800) square feet shall not result in a loss of the required landscaping area. The addition of an

attached or detached accessory dwelling unit that is eight hundred (800) square feet or less may result in a loss of the required landscape area.

I.

Open Area Requirements. At least one hundred (100) square feet of open area per dwelling unit shall be provided. The open area may be met through a combination of common or private open areas provided onsite. Open areas shall be usable and shall support residents' passive and/or active use. The computation of open areas may include amenities and structures designed to enhance usability, such as swimming pools, rooftop gardens or decks, fountains, planters, benches, and usable landscaping. The addition of an attached or detached accessory dwelling unit greater than eight hundred (800) square feet shall not result in a loss of the required open areas. The addition of an attached or detached accessory dwelling unit that is eight hundred (800) square feet or less may result in a loss of the required open area.

J.

Building Design. All buildings shall substantially comply with the building design standards established in Section 3.3 of the Parkside Precise Plan. Projects that do not comply with those building design standards shall be subject to design review as set forth in Section 17.27.060(B), in addition to any other discretionary review required by the specific deviations.

K.

Site Design. All projects shall substantially comply with the site design standards established in Section 3.4 of the Parkside Precise Plan. Projects that do not comply with those site design standards shall be subject to design review as set forth in Section 17.27.060(B), in addition to any other discretionary review required by the specific deviations.

L.

Parking. Required on-site parking and additional guest parking shall be as established in Section 17.34.020 of this title for multiple-family developments and accessory dwelling units.

1.

Design Requirements. Off-street parking facilities shall comply with the design standards as set forth in Table 1, which appears immediately following this section.

2.

Short-term and long-term parking for bicycles in the PAOZ-2 district shall be provided as follows: LongTerm: 1/10 units; Short-Term: 1/20 units. Bicycle parking design shall conform to the standards established in Section 3.4 of the Parkside Precise Plan.

M.

Recycling Area Requirements.

Adequate, accessible and convenient areas for depositing, collecting and loading recyclable materials in receptacles shall be provided. The area shall be located and fully enclosed so as to adequately protect neighboring uses from adverse impacts such as noise, odor, vectors, wind-blown litter or glare. The area shall be designed to prevent storm water run-on to the area and runoff from the area, and roofs shall be designed to drain away from neighboring properties. A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein shall be posted adjacent to all points of direct access to the area.

2.

These requirements shall apply to all new residential buildings having five (5) or more living units, institutional buildings and city facilities (including buildings, structures, and outdoor recreation areas owned by the city) where solid waste is collected and loaded. These requirements shall also apply to existing development project for which building permit applications are submitted within a twelve-month period that collectively add thirty percent (30%) or more to the existing floor area of the development project.

(Ord. No. 624, § 3, 2-1-18; Ord. No. 653, § 22, 10-15-20; Ord. No. 695, § 5, 4-17-25)

17.27.060 - Design review.

A.

Administrative Design Review. The proposed construction of any principal structure, as defined in Section 17.02.755 of this title, in the PAOZ districts in compliance with the development standards set forth in Section 17.27.040 of this chapter and Chapter 3 of the Parkside Precise Plan shall be subject to administrative design review by the zoning administrator to confirm consistency with the design guidelines set forth in Chapter 4 of the Parkside Precise Plan.

B.

Design Review by the Planning Commission. The proposed construction of any principal structure, as defined in Section 17.02.755 of this title, in the PAOZ districts that does not comply with the development standards set forth in Section 17.27.040 of this chapter or the development standards set forth in Chapter 3 of the Parkside Precise Plan shall be subject to the approval of a design permit in accordance with Chapter 17.42 of this title, and shall be consistent with the design guidelines set forth in Chapter 4 of the Parkside Precise Plan. The application for a design permit shall be processed concurrently with any other required application for a discretionary permit.

Table 1.

Parking Design Requirements for Parkside Overlay District

Tandem 36' 24' 24' 9' 36'

(Ord. No. 624, § 3, 2-1-18)