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)

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 right-of-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)

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).