The purpose of division 16-22 is to establish the land uses that may be allowed within the Neighborhood Commercial zone established by section 16-14.020 (zoning map and zones), determine the types of zoning permit (if any) required for each use, and provide standards for site layout and building size.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010; Ord. No. 605 N.S, § 5, 6-21-2023)

The purpose of the Neighborhood Commercial zone is to primarily provide for resident-serving commercial and office uses, while allowing incidental residential uses and mixed-use commercial/residential projects in accordance with the general plan. Predominantly tourism-oriented uses (i.e., souvenir shops) are strongly discouraged in this zone, and street-fronting ground floor office use restrictions apply to portions of the NC zone.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010; Ord. No. 605 N.S, § 5, 6-21-2023))

A.

Permitted uses in the NC zone.

1.

Use-for-use changes (e.g., restaurant to restaurant) or minor structural alterations when no substantive intensification of use, as determined by the director, is proposed; except as set forth in subsection A.1.e below. Substantive intensification of use shall be measured in terms of parking requirements, number of employees at maximum shift, total floor area occupied, vehicular trip generation, or other factors within the reasonable discretion of the director. The term "use for use changes" is qualified to limit its applicability to situations where the replacement use is substantially similar to the prior use in the reasonable discretion of the director.

2.

Lawfully existing uses established prior to December 26, 1990, shall be permitted to operate under the authority and limitations of applicable zoning permits.

3.

The Point Tiburon Plaza commercial area shall continue to be regulated by provisions of the Point Tiburon precise plan and master conditional use permit. Conditional use permits for new uses in the Point Tiburon commercial area may be issued in accordance with provisions herein provided that such approvals are consistent with the Point Tiburon precise plan and master use permit.

4.

Table 2-3A (allowed land uses and permit requirements) identifies the uses allowed in the Neighborhood Commercial zone, and the zoning permit required to establish each use. Uses identified as "U" shall require approval of a conditional use permit in compliance with the provisions of section 16-52.040 (conditional use permit) which are required prior to:

a.

New construction or subdivision of land;

b.

Additions to existing structures;

c.

Reconstruction of existing structures; and/or

d

Grading of undeveloped or cleared land.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010; Ord. No. 548 N.S, § 2(A), (B), 3-5-2014; Ord. No. 554 N.S., § 2(B), 2-18-2015; Ord. No. 564 N.S., §§ (EE), (FF), 4-6-2016; Ord. No. 605 N.S, § 5, 6-21-2023)

A.

General standards. Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 2-3 in addition to the applicable development standards (e.g., landscaping, parking and loading, etc.) in article III (general development standards and parking).

TABLE 2-3
NEIGHBORHOOD COMMERCIAL ZONE DEVELOPMENT STANDARDS

B.

Exceptions.

1.

Exception for street-fronting ground floor office use in the NC zone. An exception may be granted to allow street-fronting ground floor office use otherwise prohibited by section 16-22.030 (allowable land uses and permit requirements), provided that the review authority finds that the applicant has provided substantial and compelling evidence that retail, restaurant, or personal service use is not economically viable in the proposed location.

2.

Exception for street-fronting ground floor office use in the VC zone and 1690 through 1698 Tiburon Boulevard. An exception may be granted to allow street-fronting ground floor office use otherwise prohibited by section 16-22.030 (allowable land uses and permit requirements), provided that the following finding a. below is made and one or more of the following findings b. and c. is made by the review authority:

a.

The use is otherwise consistent with general plan and zoning ordinance provisions and the findings can be made for approval of a conditional use permit for the use.

b.

The space proposed for the office use is not physically suitable for retail, restaurant, or personal service use.

c.

The applicant has provided substantial and compelling evidence that retail, restaurant, or personal service use is not economically viable in the proposed location.

3.

For residential projects qualifying for streamlined (ministerial) processing under current and future State housing law, including but not limited to Government Code sections 65913.4, 655589.5 and 756852.21, the standards applicable to the Mixed Use (MU) zone in Division 16-23 shall apply.

C.

Minor floor area additions. Minor floor area additions to properties exceeding FAR limits may be approved without the need for a general plan or zoning ordinance amendment. Minor floor area additions are those that do not materially increase parking demand (as defined in division 16-32 [parking and loading standards]) or traffic generation. A finding must be made by the review authority that there will be no material adverse effects from the granting of the minor floor area addition.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010; Ord. No. 548 N.S, § 2(C), 3-5-2014; Ord. No. 605 N.S, § 5, 6-21-2023)