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Brisbane City Zoning Code

CHAPTER 17

19 - TC-1 CROCKER PARK TRADE COMMERCIAL DISTRICT

17.19.010 - Purposes of chapter.

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).

17.19.020 - Permitted uses.

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)

17.19.030 - Conditional uses.

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:

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, 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, 11-7-19)

17.19.050 - Performance standards.

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)

17.19.060 - Night operations in certain areas.

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.

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.

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).

17.19.070 - Parking.

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).

17.19.080 - Signs.

Signs allowed in the Crocker Park district are as specified in Chapter 17.36.

(Ord. 403 § 25(part), 1996).

17.19.090 - Design review.

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).