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.

8.

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, 10-15-20; 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;

8.

Food production;

9.

Group care homes;

10.

Hotels;

11.

Light fabrication;

12.

Live/work developments;

13.

Media studios;

14.

Medical facilities;

15.

Meeting halls;

16.

Mobilehome parks in compliance with Section 17.32.110;

17.

Motels;

18.

Offices;

19.

Outdoor sales and rental;

20.

Personal services;

21.

Places of worship;

22.

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;

29.

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, 9-7-17; 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, wind-blown 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.

2.

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-of-way, 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)

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)

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)

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)