Note— See Editor's Note at Div. 4.

Note— See Editor's Note at Div. 4.

This article provides regulations applicable to development and new land uses in the industrial zoning districts established by Section 36.04 (Zoning Districts Established). The purposes of the individual industrial zoning districts are as follows:

a.

ML (Administrative, Research and Limited Industrial) district. This district is designed to provide an environment conducive to the development and protection of modern, large-scale administrative facilities, research institutions and specialized manufacturing organizations, all of a nonnuisance type. The ML zoning district is consistent with the general industrial and high-intensity office land use designations of the general plan.

b.

MM (General Industrial) district. This district is designed to encourage sound industrial development in the city by providing and protecting an environment exclusively for such development, subject to regulations necessary to insure the purity of the air and waters in the bay area, and the protection of nearby residential uses of the land from hazards and noise or other radiated disturbances. The MM zoning district is consistent with the general industrial and high-intensity office land use designation of the general plan.

(Ord. No. 18.13, § 1, 12/10/13.)

The uses of land allowed by this Chapter in each industrial zoning district are identified in the following tables as being:

a.

Permitted subject to compliance with all applicable provisions of this Chapter, including development review and parking requirements, and subject to obtaining any building permit or other permit required by the City Code ("P" uses on the tables). Per Section 36.44.45, development review approval is required for changes from one (1) permitted use to another, including changes in property or building use that involve exterior modifications or change the development's required parking.

b.

Allowed subject to approval of a conditional use permit ("CUP")(Section 36.48).

c.

Allowed subject to approval of a temporary use permit ("TUP")(Section 36.46).

d.

Land uses listed, as specifically defined in this Chapter, and on the tables in a particular zoning district(s) shall only be allowed in the specific zoning district(s) in which it is listed. Such uses can only be allowed in other zoning district(s) upon approval of a text amendment as provided by Section 36.52.35 (Zoning Amendments). These uses cannot be named as similar uses as determined by the zoning administrator through the conditional use permit process or Section 36.58.30 (Procedures for Interpretation).

e.

Land uses that are not listed on the tables are not allowed, except where otherwise provided by Section 36.06.40 (Determination of Allowable Land Uses) or 36.06.50 (Exemptions from Zoning Permit Requirements).

LAND USES AND PERMIT REQUIREMENTS BY INDUSTRIAL DISTRICT

NOTE 1: Where the last column on the following tables ("See Section") includes a section number, there are specific regulations in the referenced section that apply to the use and/or a specific definition of the use; however, provisions in other sections may apply as well.

NOTE 2: Changes from one (1) permitted use to another require development review approval.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 5.18, § 6, 4/24/18; Ord. No. 9.18, § 4, 10/23/18; Ord. No. 10.19, § 3, 6/25/19; Ord. No. 16.19, § 10, 10/22/19; Ord. No. 20.19, § 7, 12/10/19; Ord. No. 01.2024, § 16, 1/23/24.)

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The following land uses have specific regulations pertaining to operations and development standards applicable to both the ML and MM zoning districts:

a.

Crop, tree farming, livestock. Crop and tree farming and livestock of the cow, horse, sheep or goat species is permitted in the ML and MM districts, where at least ninety (90) percent of the acreage required by Chapter 5 of the City Code is open and unimproved, and subject to the provisions of that chapter.

b.

Restaurants with or without liquor or live entertainment. Restaurants and other establishments providing entertainment, or permitting dancing or serving liquor for consumption on the premises which will not impair the present or potential use of adjacent or nearby properties are conditionally permitted in the ML and MM districts.

c.

Retail commercial. Appropriate retail commercial and service uses are conditionally permitted in the ML and MM districts, such as cafés or service stations necessary to serve those districts.

d.

Warehouse retail. Warehouse retail stores which meet the following criteria are conditionally permitted in the ML and MM districts:

1.

The building and site design shall complement the surrounding industrial development. It shall be comparable to the architectural and design quality expected of new buildings in the area, including quality of materials, building design, building orientation, site design, landscaping and buffering. The building shall reflect the retail aspect of the use by incorporating storefront features such as facade ornamentation and special detailing which identify the entryway and provide pedestrian-level interest to the facade.

2.

Warehouse retail uses shall comply with the basic site development regulations of the ML or MM district, regarding area and yard requirements, landscaping, screening, etc., unless otherwise described in this section. The zoning administrator shall evaluate sign needs and determine the size, height, lighting, shape, color, number and location of signs based on the CRA standards in Sec. 36.36.55.

3.

Warehouse retail buildings and facilities shall be screened or buffered, as appropriate, to ensure compatibility with adjacent land uses. Particular attention shall be given to screening or providing buffers for parking, loading and storage areas, trash containers, auto service areas, areas with high noise levels, and other features that are visible or can be heard from off-site.

4.

When evaluating applications for warehouse retail uses near residential areas, particular attention shall be given to the potential traffic, noise, visual and other effects of warehouse retail uses on the residential uses.

5.

Retail commercial parking requirements, including number and design standards, shall apply unless the zoning administrator grants exceptions or imposes special requirements based on the nature of this use. The zoning administrator shall specifically consider the impacts of the use and parking of shopping carts on the parking lot design.

6.

The zoning administrator may approve shared parking with an adjoining industrial use if compatible hours of operation can be proven and deed restrictions, long-term parking agreements or other legally binding instruments are recorded.

7.

Because of high on-site pedestrian and auto activity, the design shall include clearly defined building entrances, specially designated areas to accommodate customer pickup, and pedestrian walks from the parking areas to the building.

8.

The use shall be allowed in P (planned community) districts that reference the ML or MM district, provided that the applicable precise plan specifically lists warehouse retail as a conditional or provisional use.

9.

The use shall be located only on streets where there is adequate traffic capacity.

e.

Churches. Churches and religious uses where it is demonstrated that they are convenient and in close proximity to residential neighborhoods are conditionally permitted in the ML and MM districts.

f.

Drive-up or drive-in services. Any use which has as a part of its design or function drive-up or drive-in services are conditionally permitted in the ML and MM districts, where special attention has been given to mitigate problems of noise, air pollution, excessive pavement, congestion, litter, unsightliness and access to the disabled.

g.

Child-care centers and highly sensitive uses. No new child-care facility(ies) or highly sensitive use(s) shall be permitted in the ML or MM districts with the following exception where both subsection 1.(a) and 1.(b) can be met:

1.

A child-care facility may be permitted if it meets all of the following requirements:

(a)

Operation. The child-care facility is owned, operated and located on a company's site and exclusively serves parents employed in the company.

(b)

Adjacent uses. The child-care facility is located at least one thousand (1,000) feet from the boundaries with adjacent properties zoned for industrial use or the adjacent property owner(s) agree(s) in writing to prohibit the use of extremely hazardous material on their property and notify any tenants of this restriction.

(c)

Conditional use permit. The child-care facility received conditional use permit approval as provided in City Code Sec. 36.48. The conditional use permit shall be in effect only while the same company occupies the site.

2.

Specific district requirement for the ML district only. The portion of the ML district along Polaris Avenue and Wright Avenue may be considered for highly sensitive uses subject to a conditional use permit as provided in Sec. 36.48, except that all ML properties in the vicinity must receive public notice of the hearing in addition to standard noticing requirements.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 9.18, § 4, 10/23/18; Ord. No. 10.19, § 3, 6/25/19.)

The following land uses have specific regulations pertaining to operations and development standards:

a.

Permitted uses. The following uses are permitted in the ML zoning district:

1.

Restaurants with or without sale of beer and wine. Restaurants, including incidental sale of beer and wine for consumption on the premises and retail and service uses to serve employees in the ML district that meet the following criteria:

(a)

The use is a minor, and clearly ancillary, part of a larger permitted or conditional use on a parcel.

(b)

The total floor area of the commercial uses does not exceed three thousand (3,000) square feet.

(c)

The use is not immediately adjacent to loading docks, outside storage and equipment areas or other activity areas with high noise levels, odors or other conditions undesirable for commercial uses.

(d)

The use is not on a parcel, or adjacent to a parcel, where extremely hazardous materials, as defined in Section 36.60.13, are used.

(e)

Parking is provided at a ratio that is no less than the ratio required for the primary use on the site.

(f)

Signs are permitted pursuant to Article XII. In addition, commercial uses permitted under this section are allowed a freestanding sign with an area not to exceed ten (10) square feet.

2.

Wholesale, warehousing and data centers. Wholesale businesses and warehousing and data centers, when conducted within a fully enclosed building.

b.

Conditionally permitted uses. The following uses are conditionally permitted in the ML zoning district:

1.

Research, light manufacturing and public service use. Any other research, light manufacturing or public service use which the zoning administrator finds to be consistent with the purpose of this article and which will not impair the present or potential use of adjacent properties.

c.

Accessory uses. The following accessory uses in the ML District are permitted subject to development review approval and permits:

1.

Accessory uses and buildings customarily appurtenant to a permitted use.

2.

Outside storage and equipment areas amounting to not more than four (4) percent of the total lot which shall be screened from view from adjoining streets or properties. Incidental services such as cafeterias, fitness or laundry facilities to serve employees.

(Ord. No. 18.13, § 1, 12/10/13.)

The following land uses have specific regulations pertaining to operations and development standards:

a.

Conditionally permitted uses. The following uses are conditionally permitted in the MM zoning district:

1.

Office. Administrative, executive and financial offices which are deemed by the zoning administrator to be appropriate in the MM district, provided that the landscaping meets the approval of the zoning administrator.

2.

Educational or recreational uses. Uses of an educational or recreational nature considered appropriate for the MM district such as service or industrial job training.

3.

Research and development. Research and development offices, devoted to scientific and engineering research and the design, development and testing of new technology and products; usually includes some laboratory space or other small-scale manufacturing operations.

b.

Accessory Uses. The following accessory uses in the MM district are permitted subject to development review approval and permits:

1.

Incidental services, such as cafeterias, fitness or laundry facilities to serve employees.

2.

Other accessory uses and buildings customarily appurtenant to a permitted use.

(Ord. No. 18.13, § 1, 12/10/13.)

New land uses and structures and alterations or modifications to existing uses or structures shall be designed and constructed in compliance with the following requirements in all industrial zones.

a.

Facility upgrading required. Any major alteration or expansion (as determined by the zoning administrator) that requires development review shall incorporate measures to upgrade all existing facilities (e.g., structures, parking, landscaping, signs, etc.) to the extent feasible within lot constraints to the current standards of this Chapter.

b.

Storage. Exterior storage shall be screened by fencing or landscaped treatment so as not to be visible from the public right-of-way or adjacent properties.

c.

Rooftop equipment. All rooftop equipment must be screened on all sides with an opaque screen, parapet or architectural feature that is compatible with the building materials, form and design at a height equal to or greater than the installed equipment height. The height of the roof screen may be up to twelve (12) inches less than the height of the rooftop equipment so long as the equipment is not visible from adjacent property line(s) or a sidewalk(s) on the opposite side of the street. Exceptions to height limits for screening are set forth in subsection 36.08.30 (e).

d.

Ground-level equipment. All exterior ground-level equipment must be fully screened and located within an enclosure constructed of solid masonry or other suitable building materials consistent with the on-site building materials, form and design at a height to fully screen the equipment, but no taller than eight (8) feet in height. On a case-by-case basis, the zoning administrator may consider and approve additional height to further screen the equipment. Ground-level equipment may include, but is not limited to, ground-water pumping equipment, generators and specialty mechanical equipment.

e.

Trash enclosure. Trash enclosures shall be provided in all projects and shall be constructed of solid masonry or other suitable building materials, consistent with the building on-site, and shall be a minimum of six (6) feet in height, with solid, view-obstructing gates and a concrete pad in front to accommodate lifting and dropping of the dumpster. Trash enclosures shall be located in inconspicuous locations.

f.

Fences or walls. Any fences or walls in required setbacks, other than front and street side setback areas, may not exceed seven (7) feet in height, subject to development review (see Section 36.44.45). On a case-by-case basis, the zoning administrator may consider and approve fences or walls of additional height to meet business security needs.

g.

Late-night use and activities. The following standards apply to businesses abutting (either adjacent to or across the street from) residentially zoned properties with ongoing operations or activities between 11:00 p.m. and 6:00 a.m.

1.

Businesses abutting residentially zoned properties that are open or have ongoing activities between the hours of 11:00 p.m. and 6:00 a.m. shall be operated in a manner to protect residential properties from excessive noise from any sources during those hours.

2.

Upon substantial evidence that businesses' ongoing operations between the hours of 11:00 p.m. and 6:00 a.m. are creating excessive noise, the zoning administrator shall hold a public hearing in accordance with Section 36.48 (Conditional Use Permit) and may apply additional or modified conditions of approval necessary to ensure the operation is compatible with the adjoining residentially zoned property. Said use permit shall be limited to operations or activities occurring between 11:00 p.m. and 6:00 a.m.

h.

Facade and site modifications. Per Section 36.44.45, development review approval is required for exterior modifications to existing structures and site changes (including, but not limited to, new or modified landscaping, fencing, changes to parking lot striping or circulation). Exterior modifications performed and/or constructed without appropriate approvals shall require approval through development review of the alteration(s) or to return the building to its original condition. The zoning administrator may require additional improvements to make the building conform to acceptable standards for the area or zone district. Exterior modifications include, but are not limited to, the covering or blocking of window openings, which shall retain visibility between interior and exterior activities unless a permit for exterior modification has been approved through this process.

(Ord. No. 01.2024, § 17, 1/23/24.)

New land uses and structures and alterations or modifications to existing uses or structures shall be designed and constructed in compliance with the following requirements:

ML ZONE DEVELOPMENT STANDARDS

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 17, 1/23/24.)

Development review approval is required as provided in Section 36.44.45.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 17, 1/23/24.)

New land uses and structures and alterations or modifications to existing uses or structures shall be designed and constructed in compliance with the following requirements:

MM ZONE DEVELOPMENT STANDARDS

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 18, 1/23/24.)

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Development review approval is required as provided in Section 36.44.45.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 18, 1/23/24.)