ATTACHMENT 1
Regulatory Framework for Auto Sales in Neighboring Cities Report Date: March 21, 2024
Staff has researched similar cities and cities that have auto dealers that use the showroom model.
At first, staff looked at cities with similar population sizes, city areas, and sales tax bases then looked at where the showroom model is used by dealers such as Tesla, Rivian, and VinFast.
Staff researched the following cities:
City Area Population
(2020)
Zoning Code
Language for
Showrooms
(Yes/ No)
Alt. Energy
Auto
Showrooms
(Yes/ No)
1. Emeryville 2.25 sq mi 12,905 • •
2. Berkeley 17.7 sq mi 124,321 No Yes
3. Palo Alto 26.00 sq mi 68,572 Yes Yes
4. Corte Madera 4.40 sq mi 10,222 Yes Yes
5. Milpitas 13.52 sq mi 80,273 Yes No
6. San Francisco 46.9 sq mi 873,965 No Yes
7. Fremont 88.46 sq mi 230,504 Yes No
8. San Jose 181.36 sq mi 1,013,240 Yes Yes
9. Santa Monica 16.00 sq mi 93,076 Yes Yes
The following articulates whether there is language or mention of a showroom, auto vehicle sale, and alternative energy in the zoning code and if an auto sale showroom model is used.
Berkeley
The municipal code only mentions “automobile showroom” regarding where smoking is prohibited (12.70.030.K). There is no description of what the “automobile showroom” entails outside of a showroom for vehicles.
Berkeley differentiates between “Large Vehicle Sales and Rentals,” “Small Vehicle Sales and Rentals,” “Vehicle Sales, New,” and “Vehicle Sale, Used” but does not have a separate use category for alternative fuels.
Land Uses
AUP = Administrative Use Permit
UP(PH) = Use Permit
Manufacturing Districts
(Table 23.206-1)
Commercial
Districts
(Table 23.204-1)
Attachment 3. Regulatory Framework for Auto Sales in Neighboring Cities
-- = Permitted with an AUP
NP = Not Permitted
[#] = Floor Area Permit Requirement
* Use-Specific Standards Apply
Mixed UseLight
Industrial
(MU-LI)
Mixed UseResidential
District (MUR)
Commercial
District (C-W)
Large Vehicle Sales and Rental AUP [4] NP AUP* [8]
Small Vehicle Sales and Rental NP NP UP(PH)*
Vehicle Sales, New NP NP AUP* [8]
Vehicle Sales, Used NP NP UP(PH)*
[4]Requires a Use Permit for uses more than 20,000 sq. ft. (23.206.060.B.3) [8]Requires a Use Permit if either 5,000 sq. ft. or more of floor area or 10,000 square feet or more of lot area. (23.204.100.B.5)
Note: The table has been edited for ease of use.
The alternative energy vehicle sale showroom (VinFast) in Berkeley is located at 1733 Fourth St, Berkeley, CA 94710 in an area that is zoned as Mixed Use-Light Industrial and adjacently is West Berkeley Commercial District (C-W), and Mixed Use-Residential District (MU-R).
Fourth Street VinFast Showroom in Berkeley
Attachment 3. Regulatory Framework for Auto Sales in Neighboring Cities
Berkeley GIS Map
Palo Alto
The municipal code has language for Automobile Dealership (AD) Combining District that contains site development regulations language for an “automobile showroom.” (18.30(F).050).
Combining district rules can be overlaying with the rules in the commercial (CS) district, a general manufacturing (GM or GM(B)) district, and or limited manufacturing (LM). The code defines “Automobile dealership" (18.04.030.a.14), describing a traditional dealership. The regulations describe a traditional dealership with a showroom, parking lot, outdoor sales and storage, and service space to support the sale of all vehicle types. The auto-related services, including sales, were classified as “Automotive Services” in the land use tables.
Land Use
P = Permitted Use
Commercial
(18.16.040 Land Uses
Table 1)
Office, Research, And
Manufacturing
(18.20.030 Land Uses Table 1)
Attachment 3. Regulatory Framework for Auto Sales in Neighboring Cities
CUP = Conditional Use
Permit Required
Community Commercial [CC] / Community Commercial (2) Subdistrict [CC(2)]Service Commercial [CS] (4)General Manufacturing District [GM] Automotive Services CUP CUP
Shopping Centers P
Note: The table has been edited for ease of use.
The alternative energy vehicle sale showroom (Tesla) in Palo Alto is located at 660 Stanford Shopping Center #359B, Palo Alto, CA 94304. The area is zoned as Regional/Community Commercial. While auto services are not permitted in the community commercial land use, the showroom is in the Stanford shopping center which permits commercial space.
Tesla Showroom at the Stanford Mall in Palo Alto.
Attachment 3. Regulatory Framework for Auto Sales in Neighboring Cities
Attachment 3. Regulatory Framework for Auto Sales in Neighboring Cities
Corte Madera
The municipal code only mentions “showroom” as a permitted use in mixed-use districts and may not be located in Neighborhood Zones (18.13.020). There are no detailed descriptions of an “automobile showroom” or “showroom.”
When searching for Auto Vehicles Sales, the code described that “all businesses, services, and processes shall be conducted entirely within a completely enclosed structure, except … automobile sales and service agencies, used car sales...” in commercial zones Local Shopping (C-1), Regional Shopping (C-2), and Highway Commercial (C-3)(18.12.030.9).
Auto Vehicles Sales is permitted in C-3 and Commercial Service (C-4) zoned areas to support larger scale commercial uses that may have “adverse impacts” (18.12.300 and 18.12.400).
Both zones prioritized automobile-associated services.
Land Use Commercial Districts
18.12.020 Table 1
Mixed Use Districts
18.13.020 Table 1
Regional Shopping C-2 Highway Commercial C-3 Commercial Service C-4 Mixed Use 1 (MX-1) Automobile sales and service agencies P P
Automobile supply stores P P P
Automobile supply stores without
automobile servicing P*
Showrooms P*
Used automobile sales agencies P
1. Uses with an asterisk (*) may not be located in the Neighborhood Zone (see Section 18.13.155).
Note: The table has been edited for ease of use.
There are two alternative energy vehicle sale showrooms in Corte Madera, at VinFast 1506 Redwood Hwy, Corte Madera, CA 94925 and Polestar at 1640 Redwood Hwy, Corte Madera, CA 94925 in the Village at Corte Madra Shopping Center. The area is zoned as regional shopping. Auto sales are not permitted in the Regional Shopping however the “Automobile supply stores” are permitted. “Automobile supply stores” are not explicitly defined and could be stretched to mean the sale of a supply of electric vehicles.
Attachment 3. Regulatory Framework for Auto Sales in Neighboring Cities
VinFast Storefront at the Village Mall
Polestar Storefront at the Village Mall Total Suite Area: 4,231 SQ FT Attachment 3. Regulatory Framework for Auto Sales in Neighboring Cities
Corte Madera Zoning Map
Attachment 3. Regulatory Framework for Auto Sales in Neighboring Cities
Milpitas
The municipal code only mentions “showroom” with regards to number of parking spaces required for auto dealerships, 1 space per 200 sq. ft. (XI-10-53.09-1). There is no description of what the “showroom” entails outside of a showroom for a dealership. The code does describe an “Automobile and Trailer Sales Area” which does limit auto sales to not include repairs in Industrial Zones, Commercial Zone, Mixed Use Zones, and Recreation & Entertainment Overlay with Conditional Use Permits (XI-10-2.03, XI-10-5.02-1, XI-10-6.02-1, XI-10-7.02- 1, and XI-10-12.07-1). Auto Brokers are also described as spaces for only auto wholesale (XI10-2.03, XI-10-6.02-1.B, and XI-10-7.04-A).
There are auto dealerships throughout the city but there are no standalone auto showrooms.
Land Uses
MCS - Conditional
Use Permits & Minor
Conditional Use
Permits
C - Conditional Use
Permit
MC - Minor
Conditional Use
Permit
NP – Not Permitted
Industrial Zones
XI-10-7.02-1
Commercial Zone
XI-10-5.02-1
Mixed Use Zones
XI-10-6.02-1
Recreation &
Entertainment
Overlay
XI-10-12.07-1
Light Industrial (M1)Heavy Industrial (M2) Industrial Park (MP)Administrative & Professional Office (CO)Neighborhood Commercial (C1)General Commercial (C2)Highway Services (HS)Town Center (TC)Mixed Use ("MXD") High Density Mixed Use ("MXD2")
Very High-Density Mixed Use Ground LevelUpper Floor("MXD3")C2Highway Service ("HS")MPM1 Vehicle /Auto sales
and rental (auto, RV
and truck-new and
used in operable
condition) 9 13 19
C C C 12 NP NP C C NP C C C C C C C C
Auto broker
(wholesale, no
vehicles on site) 9 3
MCSMCSMCSMCS MCS MCS MCS MCS MCS MCS MCS MCS
C C C C
3. Refer to Subsection XI-10-6.02-1, Special Uses, of this Chapter, for standards. (Mixed Use zones).( XI-10-6.02-1)
9. Within MP zones, boat and camper sales are prohibited. Dealerships shall be on property at least three (3) acres or greater in area. (XI-10-12.07-1)
9. New and used auto, recreational vehicle and boat sales, excluding commercial vehicles, trucks, buses, vans, and farm equipment, with accessory repairs and services, only allowed if fully enclosed within a building. Bicycle and auto rental agency, excluding commercial vehicles, trucks, buses, vans, boats and Attachment 3. Regulatory Framework for Auto Sales in Neighboring Cities
RV rentals, only if fully enclosed within a building. (XI-10-7.02-1)
13. Within MP zones, boat and camper sales are prohibited. Dealerships shall be on property at least three acres or greater in area. (XI-10-7.02-1)
19. New and used auto, recreational vehicle and boat sales, excluding commercial vehicles, trucks, buses, vans, and farm equipment, with accessory repairs and services, only allowed if fully enclosed within a building. Bicycle and auto rental agency, excluding commercial vehicles, trucks, buses, vans, boats and RV rentals, only if fully enclosed within a building. (XI-10-6.02-1) Note: The table has been edited for ease of use.
San Francisco
The municipal code mentions “showroom” as the “display of merchandise offered for sale” and as part of "Business Establishments" and offices (SEC. 890.70.b., SEC. 1008.1. and SEC.102.DEFINITIONS.O.) It is not described as a distinct use for the zones outside of a feature of a “Business Establishment.”
There is as an umbrella use category “Automotive Use” as “A Commercial Use category that includes Automotive Repair, Ambulance Services, Automobile Sale or Rental, Automotive Service Station, Automotive Wash, Electric Vehicle Charging Location, Fleet Charging, Gas Station, Parcel Delivery Service, Private Parking Garage, Private Parking Lot, Public Parking Garage, Public Parking Lot, Vehicle Storage Garage, Vehicle Storage Lot, and Motor Vehicle Tow Service.” (SEC. 102. Definitions. A.) Then there are sub-category for “Automobile Sale or Rental” describe as “A retail use which provides vehicle sales or rentals whether conducted within a building or on an open lot” (SEC. 102. Definitions. A.). Showrooms are permitted as feature in auto sales since auto sales are described in the definition of business establishments (SEC. 1008.1.).
Land Uses
P: Permitted
C: Approval
by the
Planning
Commission
as a
conditional
use.
M Districts: Industrial
Table 210.4
PDR Districts: Production, Distribution
and Repair Districts
Table 210.3
C-3 Districts: Downtown Commercial
Table 210.2
Commercial, Industrial, & Production/
Distribution / Repair Districts Table
210.1
Residential – Commercial District
Table 209.3
Neighborhood Commercial District
Table 712.
Attachment 3. Regulatory Framework for Auto Sales in Neighboring Cities
M-2 Districts: Heavy Industrial
PDR-1-B District: Light Industrial
PDR-1-D District: Design
PDR-1-G District: General
PDR-2 District: Core Production,
Distribution, & Repair
C-3-O District: Downtown Office
C-3-O(SD) District: Downtown Office
Special Development
C-3-R District: Downtown Retail
C-3-G District: Downtown General
Commercial
C-3-S District: Downtown Support
C-2 DISTRICTS: COMMUNITY
BUSINESS
RC-3 Districts: Medium Density
RC-4 Districts: High Density
NC-3 – MODERATE-SCALE
NEIGHBORHOOD
Automotive
Uses P P C C C (Controls by story -1st)
Automotive
Sale/
Rental
P P
(4) P P P (4) P (4) P (4) P (3) P (3) P (3)
(3) Allowed to operate on an open lot, but C required if operated on an open lot. Table 210.1 (3) C required if operated on an open lot. Table 210.2
(4) Required to be in an enclosed building, NP if operated on an open lot. Table 210.2 Table 210.3 Note: Table has been edited to for ease of use.
One of the alternative energy vehicle sale showrooms (Tesla) in San Francisco is located at 999 Van Ness Ave, San Francisco, CA 94109. The area is zoned as RC-3 where Automotive uses, such as auto sales, are conditional permitted after Planning Commission approval.
Tesla Showroom in San Francisco
Attachment 3. Regulatory Framework for Auto Sales in Neighboring Cities
San Francisco Zoning Map Page ZN02
Fremont
The municipal code describes “Electric vehicle, motorcycle and bicycle sales/showrooms” as permitted use in the Fremont Downtown District (Table 18.47.050). The use is not further defined but does define “Automobile Sales Area” as an area for the display and sale of vehicles (18.25.250).
When focusing on Auto sales, there is a distinction for Electric Vehicles in the tables however in the standards and regulations describe a traditional dealership (18.190.027).
While there are traditional car dealerships and vehicle manufacturers, there are no standalone auto showrooms.
Attachment 3. Regulatory Framework for Auto Sales in Neighboring Cities
Land Use
(P) – Permitted
uses
(C) –
Conditional use
permit
(Z) – Zoning
administrator
permit
(--) – Prohibited
(SQD) –
Southerly of
Quantum Drive
(“SQD”).
(*) not
permitted in
HOD, TOD and
I overlay
districts; a
zoning
administrator
permit is
required if there
are outdoor
sales
WARM SPRINGS INNOVATION
(“ WSI” ) DISTRICT
Table 18.49.040(a)
COMMERCIAL AND MIXED-USE
DISTRICTS
Table 18.45.060-1
DOWNTOWN (“ D” ) DISTRICT
Table 18.47.050
INDUSTRIAL DISTRICTS
Table 18.50.090
WSI-1 Fremont BoulevardWSI-2 Old Warm Springs Boulevard – North
WSI-3 Old Warm Springs Boulevard
– South
WSI-4 Innovation WayWSI-4A Subarea: Innovation Way
– 1/4 mile
westerly from Lopes Ct.1WSI-5 Lopes CourtWSI-6 Southwestern WSI-7 Grimmer Boulevard – NorthWSI-8 BART AreaWSI-9 Warm Springs Boulevard – East
WSI-10 Warm Springs Court
Commercial – Office District, C-O.Commercial – Neighborhood District, C-N.Commercial – General District, C-G Commercial – Regional District, C-R
Mixed-Use District, MX.Town Center – Pedestrian, TC-P Town Center – Transitional Districts, TC-T
Capitol Avenue zone (D-CA)Mid zone (D-MD)Edge zone (D-E)Civic center zone (D-CC)I-S Service IndustrialI-T Tech IndustrialI-G General Industrial Electric vehicl
e and
motorized
bicycle1 sales
and service
P P
PSQ
D
P P P P P P P P P
Electric vehicl
e, motorcycle
and bicycle
sales/
showrooms
P P P
Attachment 3. Regulatory Framework for Auto Sales in Neighboring Cities
Automobile
dealers2 and m
otor vehicle
merchant
wholesalers
(new and
used), when
use is indoors
and sales are
by
appointment
or auction only
Z Z Z
Passenger car
rental and
leasing and
sales with no
more than four
cars stored on
an exterior
grade level
parking area
(auto
manufacturers
exempt)
Z Z Z P Z Z
Auto sales and
dealerships,
including
motorcycles
P
(*)
P
(*)
Z
(*)
1 Term is defined in Chapter 18.25.
Note: Table has been edited to for ease of use.
San Jose
There is language describing “Showrooms” as a features of autos sales which is permitted with limited inventory in certain Mixed use, Commercial, and Downtown Districts ( Table 20-138, Table 20-90, Table 20-140). There is no distinction for electrical vehicle sales or explicit definition for vehicle sales. When focusing on Auto sales, there are some allowed incidental uses and development regulations that different districts have to follow (20.55.201).
Land Use
P - "Permitted" land
uses
URBAN VILLAGE
AND MIXED USE
ZONING DISTRICTS
Table 20-138
COMMERCIAL ZONING
DISTRICTS & PUBLIC/ QUASIPUBLIC ZONING DISTRICT
Table 20-90
DOWNTOW
N ZONING
DISTRICTS
Table 20-140
Attachment 3. Regulatory Framework for Auto Sales in Neighboring Cities
C - "Conditional" uses
S - "Special" uses, a
special use permit
Urban Village
Commercial District
(UVC)
Urban Village
District (UV)
Mixed Use
Commercial District
(MUC)
Commercial Office
District (CO)
Commercial
Pedestrian District
(CP)
Commercial
Neighborhood
District (CN)
Commercial General
District (CG)
Downtown Primary
Commercial Zoning
District (DC)
Sale or leasing of vehicles,
showroom only P P P
Auto dealer, wholesale -
no on-site storage P P P P
Sale, brokerage, or lease,
commercial vehicles - - C C
Sale or brokerage,
passenger vehicles, pickup trucks not exceeding
25 feet in length, and
motorcycles
- - S P
Sale and lease, vehicles
and equipment (less than
one ton)
P
In UVC and MUC, sale and leasing of vehicles is permitted in the form of an interior showroom only with no on-site storage of vehicles other than display models in the showroom. (Table 20-138) In the CG district, incidental repair of vehicles requires a special use permit. Incidental repair of vehicles is prohibited in all other commercial districts. (Table 20-90) All vehicle-related repair, service, and accessory or other installation shall be conducted within a fully enclosed building.( Table 20-90)
All activity must be conducted indoors.(Table 20-140)
Note: Table has been edited to for ease of use.
The alternative energy vehicle sale showroom (Tesla) in San Jose is located at 333 Santana Row #1015, San Jose, CA 95128. The area is zoned as Planned Development and auto sales may be allowed as written Planned Development permit (20.60.030).
Attachment 3. Regulatory Framework for Auto Sales in Neighboring Cities
Tesla Showroom at Santana Row
San Jose GIS Viewer
Santa Monica
There is language describing “Showrooms” and the development parameters for the display of vehicles for sale or lease. (§ 9.31.070.C.1). The standard specifies that the development requirements for districts in addition to the use apply. There is no distinction for electrical vehicle sales.
Land Use
P – Permitted uses
L(#) – Limited uses
MUP – Minor Use
Permit
MIXED-USE
AND
COMMERCIA
L DISTRICTS
TABLE
9.11.020
DOWNTOWN
DISTRICT
TABLE
9.10.040
Attachment 3. Regulatory Framework for Auto Sales in Neighboring Cities
CUP – Conditional
Use Permit
"–" – Not Permitted
Mixed-Use Boulevard
Low (MUBL)
Mixed-Use Boulevard
(MUB)
General Commercial
(GC)
Neighborhood
Commercial (NC)
LT
NV
BC (Third Street
Promenade Area)
BC (Excluding Third
Street Promenade Area)
Transit Adjacent (TA)
New Automobile/
Vehicle Sales and
Leasing
– – CUP(6) – L(8),
L(5) /
CUP
L(8),
L(5) /
CUP
L(8),
L(5) /
CUP
L(8), L(5)
/ CUP
L(8),
L(5) /
CUP
Additions 7,500
square feet or less to
Automobile/ Vehicle
Sales and Leasing
buildings existing as of
07/06/2010
L(5) /
MUP
L(5) /
MUP
L(5) /
MUP
– L(20)/
MUP
Additions larger than
7,500 square feet to
Automobile/ Vehicle
Sales and Leasing
buildings existing as of
07/06/2010
CUP(5) CUP(5) CUP(5) – L(20) /
CUP
5) Auto dealerships existing as of July 6, 2010 are considered permitted uses. Expansions to existing dealerships conforming to the Urban Auto Dealership Format standards in Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage are permitted. Expansions to existing dealerships that do not conform to the Urban Auto Dealership Format standards shall require a MUP or CUP. (TABLE
9.11.020)
6) New auto dealerships may be allowed, subject to approval of a Conditional Use Permit, only on sites with frontage on Santa Monica Boulevard between Lincoln Boulevard and 20th Street on Lincoln Boulevard between Interstate 10 and Santa Monica Boulevard. In other locations, new automobile dealerships are not permitted. (TABLE 9.11.020)
(5) Permitted if within buildings existing as of the date the Ordinance codified in this Chapter is effective.
Permitted in new buildings, except: (Table 9.10.040)
(a) No individual ground floor tenant space shall occupy more than 7,500 square feet of floor area and/or exceed 50 linear feet of ground floor street frontage without a Conditional Use Permit. (b) Ground floor tenant spaces in the Santa Monica Place are not subject to size limitations. (8) Limited to automobile/vehicle dealer showrooms only which must display 1 alternative fuel automobile/vehicle if such an automobile/vehicle is available in the dealer's fleet, and limited to 6 showrooms in the Third Street Promenade Area. (Table 9.10.040) (20) Auto dealerships existing as of July 6, 2010 are considered permitted uses. Expansions to existing dealerships conforming to the urban auto dealership format standards in Section 9.31.070, Automobile/Vehicle Sales, Leasing and Storage are permitted. Expansions to existing dealerships of 7,500 square feet or less that do not conform to the urban auto dealership format standards shall require an MUP.
Attachment 3. Regulatory Framework for Auto Sales in Neighboring Cities
Expansions to existing dealerships larger than 7,500 square feet that do not conform to the urban auto dealership formal standards shall require a CUP. (Table 9.10.040) The alternative energy vehicle sale showroom in Santa Monica is located at 395 Santa Monica Pl, Santa Monica, CA 90401and Tesla at 395 Santa Monica Pl #120, Santa Monica, CA 90401 in the Santa Monica Place. The area is zoned as Transit Adjacent (TA) which permits new Auto sales with a Conditional Use Permit (CUP).
Attachment 3. Regulatory Framework for Auto Sales in Neighboring Cities