View Exhibit B — Rules & Legislation Committee, June 22, 2023

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EXHIBIT B
Commercial Zone Code Amendments
The Oakland Planning Code (Title 17 of the Oakland Municipal Code is proposed to be amended as follows. Additions are shown in underline and deletions are shown in strike through. Note that only the relevant code subsections being amended are included and unamended portions of tables are omitted.

Chapter 17.33 CN NEIGHBORHOOD CENTER COMMERCIAL ZONES REGULATIONS

17.33.030 Permitted and conditionally permitted activities.

Table 17.33.01: Permitted and Conditionally Permitted Activities Activities Zones Additional
Regulations
CN-1 CN-2 CN-3 CN-4
Residential Activities
Permanent P(L2)(L3) P(L2)(L3) P(L3) P(L3)

Residential
Care
P(L1)(L2)(L3) P(L1)(L2)(L3) P(L1)(L3) P(L1)(L3) 17.103.010 Supportive
Housing
P(L2)(L3) P(L2)(L3) P(L3) P(L3)

Transitional
Housing
P(L2)(L3) P(L2)(L3) P(L3) P(L3)

Emergency
Shelter
P(L1)(L3)(L5) P(L1)(L3)(L5) P(L1)(L3)(L5) PC(L1)(L3)(L5) 17.103.010

17.103.015
Semi-
Transient
— — P(L3) P(L3)

Bed and
Breakfast
C(L3)(L4) C(L3)(L4) C(L3)(L4) C(L3)

Civic Activities
Limited
Child-Care
Activities
P(L2) P(L2) P(L6) P(L6)

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Activities Zones Additional
Regulations
CN-1 CN-2 CN-3 CN-4
Recreational
Assembly
P(L2) P(L2) P(L6) P(L6)

Commercial Activities
General
Food Sales
P(L6)(L9) P(L6)(L9) P(L8)(L9) P(L8)(L9)

Full Service
Restaurants
C(L4)
P(L6)
P(L6) P(L6) P(L6)

Limited-
Service
Restaurant and
Cafe
C(L4)
P(L6)
P(L6) P(L6) P(L6)

Mechanical
or Electronic
Games
C(L4)
P(L6)
C(L4)
P(L6)
C(L4)
P(L6)
C
P(L6)

Medical
Service
P(L2)(L8) P(L8) P(L8) P(L6)(L8)

General
Retail Sales
P(L6)(L9) P(L6)(L9) P(L9) P(L9)

Consumer
Service
P(L6)(L10) P(L6)(L10) P(L6)(L10) P(L6)(L10)

Consultative
and Financial
Service
P(L2)(L11) P(L11) P(L6) P(L6)

Consumer
Cleaning and
Repair Service
P(L6) P(L6) P(L6) P(L6)

Artisan
Production

P P P P

Group
Assembly
C(L4)(L12)
P(L6)(12)

C(L4)(L12)
P(L6)(12)

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Activities Zones Additional
Regulations
CN-1 CN-2 CN-3 CN-4
Personal
Instruction and
Improvement
Services
P(L2) P(L6) P(L6) P(L6)

Administrative
P(L2) P(L2) P(L6) P(L6)
Research
Service
C(L4)
P(L2)
C(L4)
P(L2)
P(L6) P(L6)

Industrial Activities
Custom
Manufacturing
C(L4)(L13) C(L4)(L13) C(L13) C

Limitations on Table 17.33.01:

L1. Residential Care is permitted if located in a One-Family Dwelling Residential Facility; conditionally permitted if located elsewhere (see Chapter 17.134 for the CUP procedure). No Residential Care or Emergency Shelter Residential Activity shall be located closer than three hundred (300) feet from any other such Activity or Facility. See Section 17.103.010 for other regulations regarding Residential Care and Emergency Shelter Residential Activities. See Section 17.103.010 for other regulations regarding Residential Care Residential Activities, and Sections 17.103.010 and 17.103.015 for other regulations regarding Emergency Shelter Residential Activities.

L2. These activities are only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure) when located within thirty (30) feet of the principal street frontage on the ground floor of a street frontingbuilding. Incidental pedestrian entrances that lead to one of these activities elsewhere in the building are exempted from this Conditional Use Permit requirement. In addition to the CUP criteria contained in Section 17.134.050, these conditionally permitted ground floor activities must also meet the criteria contained in L4, below.

L3. See Section 17.33.040 for limitations on the construction of new ground floor Residential Facilities.

L4. Any Conditional Use Permit (CUP) required in the above table or its associated limitations shall conform to the CUP criteria contained in Section 17.134.050 and to each of the following additional criteria:
a1. That the proposal will not detract from the character desired for the area; b2. That the proposal will not impair a generally continuous wall of building facades;

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c3. That the proposal will not weaken the concentration and continuity of retail facilities at ground level, and will not impair the retention or creation of an important shopping frontage;
d4. That the proposal will not interfere with the movement of people along an important pedestrian street; and
e5. That the proposal will conform in all significant respects with any applicable district plan which has been adopted by the City Council.

L5. Emergency Shelters are permitted by-right on properties owned by churches, temples, synagogues, and other similar places of worship approved for Community Assembly Civic Activities; and within those portions of Martin Luther King Jr. Way, San Pablo Avenue, and Macarthur Boulevard corridors described in Section 17.103.015(A)(1)(2)(7) respectively and subject to the development standards in Section 17.103.015(B); permitted upon the granting of a Conditional Use Permit elsewhere in the zone subject to the standards in Section 17.103.010.

Limitations L1, L3, and L4 above.

L6. The total floor area devoted to these activities on the ground floor by any single establishment may shall only exceed five thousand (5,000) seven thousand five hundred (7,500) square feet upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure). In addition to the CUP criteria contained in Section 17.134.050, these conditionally permitted ground floor activities must also meet the criteria contained in L4, above.

L8. A Medical Service Commercial Activity that is located on the ground floor of a building and occupies either: 1) a street corner space, or 2) an interior lot space with more than thirty-five (35) linear feet of frontage facing the principal street, is not only permitted except upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure). All ground floor window space facing the principal street shall be clear, non-reflective, and allow views into the indoor space.

L9. The total floor area devoted to these activities on the ground floor by any single establishment may only exceed twenty thousand (20,000) fifteen thousand (15,000) square feet upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure), except for grocery stores located within a food desert as defined in Section 17.09.040. Grocery stores in food deserts are not subject to Conditional Use Permit requirements and do not have a size threshold. In addition to the CUP criteria contained in Section 17.134.050, these conditionally permitted ground floor activities must also meet the criteria contained in L4, above.

L10. See Section 17.102.170 for special regulations relating to massage services and Section

17.102.450 for special regulations relating to laundromats. Also, no new or expanded laundromat shall be located closer than five hundred (500) feet from any existing laundromat.

See Section 17.102.450 for further regulations regarding laundromats.

L11. With the exception of retail bank branches, these activities are only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure) when located both on the ground floor of a building and within thirty (30) feet of the principal street frontage.

Incidental pedestrian entrances that lead to one of these activities elsewhere in the building are exempted from this Conditional Use Permit requirement. In addition to the CUP criteria contained in Section 17.134.050, these conditionally permitted ground floor activities must also

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meet the criteria contained in L4, above. The size limitation threshold triggering the requirement for a Conditional Use Permit described in L5 L6 above, shall apply to retail bank branches.

L13. Not permitted on the ground floor.

L15. Limited Agriculture is permitted outright if the activity occupies less than one (1) acre twenty thousand (20,000) square feet of land area and any sales area is less than one thousand (1,000) square feet; conditionally permitted if the activity is larger in either land or sales area (see Chapter 17.134 for the CUP procedure).

L16. Extensive Agriculture is only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure). In addition to the criteria contained in Section

17.134.050, this activity must meet the following use permit criteria:
a1. The proposal will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood in terms of noise, water and pesticide runoff, farming equipment operation, hours of operation, odor, security, and vehicular traffic.

L17. Community Gardens are permitted outright if they do not include any livestock production or the cultivation of animals and/or, animal products by agricultural methods, and/or livestock production, except for bee keeping involving no more than three (3) hives. The cultivation of animals, animal products and/or livestock production, except for bee keeping involving no more than three (3) hives, is only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure).

17.33.040 Permitted and conditionally permitted facilities.

Table 17.33.02: Permitted and Conditionally Permitted Facilities Facilities Zones Additional
Regulations
CN-1 CN-2 CN-3 CN-4
Residential Facilities
One-Family Dwelling —(L1) —(L1) —(L1) —(L1) 17.103.080
Two- to Four-Family Dwelling P(L1)(L2) P(L1)(L2) P(L1)(L3) P(L1) 17.103.080 Multifamily Dwelling P(L1)(L2) P(L1)(L2) P(L1)(L3) P(L1) 17.103.080 Rooming House P(L2) P(L2) P(L3) P(L3)

Vehicular P P P P 17.103.080

17.103.085

Limitations on Table 17.33.02:

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L2. Construction of new ground floor Residential Facilities is not permitted within thirty (30) feet of the principal street frontage except for incidental pedestrian entrances that lead to one of these activities elsewhere in the building.

L3. Ground floor construction of new Residential Facilities within thirty (30) feet of the principal street frontage is only permitted on interior lots and requires upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP process). New construction of ground floor Residential Facilities is not permitted on a corner lot.

17.33.050 Property development standards.

A. Zone Specific Standards. Table 17.33.03 below prescribes development standards specific to individual zones. The number designations in the "Additional Regulations" column refer to the regulations listed at the end of the Table. "N/A" designates a standard is not applicable to the specified zone.

Table 17.33.03: Property Development Standards
Development Standards Zones Additional
Regulations
CN-1 CN-2 CN-3 CN-4
Minimum/Maximum Setbacks
Minimum front 0 ft. 0 ft. 0 ft. 0 ft. 2, 15
Maximum front 10 ft. 10 ft. 10 ft. N/A 3, 15
Minimum interior side 0 ft. 0 ft. 0 ft. 0 ft. 4, 5, 15
Minimum street side 0 ft. 0 ft. 0 ft. 0 ft. 6, 15
Rear (Residential Facilities) 10/15 ft.
10 ft.
10/15 ft.
10 ft.
10/15 ft.
10 ft.
10/15 ft.
10 ft.
7, 8, 15
Rear (Nonresidential Facilities) 0/10/15
ft.
0/10/15
ft.
0/10/15
ft.
0/10/15
ft.
8 Design Regulations
Minimum separation between grade
and ground floor living space
N/A N/A 2.5 ft.

N/A

2.5 ft.

N/A
11 Additional Regulations for Table 17.33.03:

4. Wherever an interior side lot line abuts an interior side lot line of any lot located in an RH or RD Zone, the setback of the abutting portion of its side lot line is ten (10) feet a side setback of

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six (6) feet is required. In the case where an interior side lot line abuts an interior side lot line in a RM Zone, the setback of the abutting portion of its side lot line is five (5) feet. In the case where an interior side lot line abuts a side yard of an interior side lot line of any lot located in an RU-1 or RU-2 lot Zone, a side setback of four (4) feet is required (see Illustration for Table

17.33.03 [Additional Regulation 4], below). Also, see Section 17.108.130 for allowed projections into setbacks.

6. When the rear yard of a reversed corner lot abuts a key lot that is in an RH, RD, or RM Zone, the required street side yard setback in the rear twenty (20) ten (10) feet of the reversed corner lot is one-half (½) of the minimum front yard required on the key lot, but shall not be required to exceed four (4) feet in width if it would reduce to less than twenty-five (25) feet the buildable width of any corner lot (see Illustration for Table 17.33.03 [Additional Regulation 6], below). Also, see Section 17.108.130 for allowed projections into setbacks.

8. When a rear lot line is adjacent to an RH, RD, or RM Zone, the required rear setback for both Residential and Nonresidential Facilities is ten (10) feet if the lot depth is one-hundred (100) feet or less and fifteen (15) feet if the lot depth is more than one-hundred (100) feet. When a rear lot line is not adjacent to an RH, RD, or RM Zone, the required rear setback is ten (10) feet for Residential Facilities and there is no required setback for Nonresidential Facilities.

B. Height, Floor Area Ratio (FAR), Density, and Open Space. Table 17.33.04 below prescribes height, FAR, density, and open space standards associated with the Height Areas described in the Zoning Maps. The number designations in the "Additional Regulations" column refer to regulations below the table. "N/A" designates a regulation is not applicable to the specified Height Area.

Table 17.33.04 Height, Floor Area Ratio (FAR), Density, and Open Space Regulations Regulation Height Area Additional
Regulations
35 35* 45 55 60
65 75 90
95 Maximum Height 35
ft.
35 ft. 45 ft. 55
ft.
60 ft.
65 ft.
75 ft.
90 ft.
95 ft.
1, 2
Height Minimum
Permitted height
minimum
N/A N/A N/A 35
ft.
35 ft.
35 ft.
35 ft.
45 ft.
3

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Regulation Height Area Additional
Regulations
35 35* 45 55 60
65 75 90
95 Conditionally permitted
height minimum
N/A N/A N/A 25
ft.
25 ft.
25 ft.
25 ft.
35 ft.
3 Maximum Residential Density (square feet of lot area required per dwelling unit) Regular Dwelling Units 550 Same density
regulations as
abutting RH,
RD, or RM
Zone. If
abutting more
than one zone,
the zone that
allows the
greatest
density
prevails.
450 350 375
350
275 225
200
4, 5, 6
Rooming Units 275 Same density
regulations as
abutting RH,
RD, or RM
Zone. If
abutting more
than one zone,
the zone that
allows the
greatest
density
prevails.
225 175 185
175
135 110
100
4, 5, 6
Efficiency Dwelling
Units
275 Same density
regulations as
abutting RH,
RD, or RM
Zone. If
abutting more
than one zone,
225 175 185
175
135 110
100
4, 5, 6

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Regulation Height Area Additional
Regulations
35 35* 45 55 60
65 75 90
95 the zone that
allows the
greatest
density
prevails.

Maximum
Nonresidential FAR

2.0 NA 2.5 3.0 3.0 4.0 4.0 4, 5, 6
Maximum Number of
Stories (not including
underground
construction)
3 3 4 5 5
6 7 8

Usable Open Space (square feet per residential unit)
Group usable open
space per Regular
Dwelling Unit
150
75 Same open
space
regulations as
abutting RH,
RD, or RM
Zone
150
75 75

150
75 150 150
75 6, 7
Group usable open
space per Regular
Dwelling Unit when
private open space
substituted
30 20
Same open
space
regulations as
abutting RH,
RD, or RM
Zone
30 20
20 30
20 30 20 6, 7
Group usable open
space per Rooming Unit
75 38
Same open
space
regulations as
abutting RH,
RD, or RM
Zone
75 38

38 75
38 75 50
38 6, 7
Group usable open
space per Rooming Unit
when private open
space is substituted
15 10
Same open
space
regulations as
abutting RH,
15 10

10 15
10 15 10 6, 7

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Regulation Height Area Additional
Regulations
35 35* 45 55 60
65 75 90
95 RD, or RM
Zone
Group usable open
space per Efficiency
Dwelling Unit
75 38
Same open
space
regulations as
abutting RH,
RD, or RM
Zone
75 38

38 75
38 75 50
38 6, 7
Group usable open
space per Efficiency
Dwelling Unit when
private open space is
substituted
15 10
Same open
space
regulations as
abutting RH,
RD, or RM
Zone
15 10

10 15
10 15 10 6, 7

Additional Regulations for Table 17.33.04:

2. Buildings in the CN Zones shall have a thirty (30) foot maximum height at the setback line associated with any rear or interior side lot line that abut a lot in an RH, RD, or RM Zone; if the principal building on the abutting lot has a height of thirty (30) feet or less, this maximum height shall increase one (1) foot for every foot of distance away from this setback line. If the principal building on the abutting lot has a height of greater than thirty (30) feet, the maximum height shall increase two (2) feet for every foot away from the applicable setback line (see Illustration for Table 17.33.04 [Additional Regulation 2], below). Also, see Section 17.108.030 for allowed projections above height limits and Section 17.108.020 for increased height limits in certain situations.

5. No portion of lot area used to meet the residential density requirements shall be used as a basis for computing the maximum nonresidential Floor Area Ratio (FAR) unless the total nonresidential floor area on the lot is less than three thousand (3,000) square feet. As specified in Section 17.106.030, the total lot area shall be used as the basis for computing both the maximum nonresidential FAR and the maximum residential density for mixed use projects.

17.33.060 Special regulations for Mini-Lot and Planned Unit Developments.

A. Mini-Lot Planned Unit Developments. In Mini-Lot Planned Unit Developments (Mini- Lot PUDs), certain regulations that apply to individual lots in the CN Zones may be waived or modified when and as prescribed in Chapter 17.142.

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AB. Planned Unit Developments. Large integrated developments shall be subject to the Planned Unit Development (PUD) regulations in Chapter 17.142 if they exceed the sizes specified therein. In developments which are approved pursuant to said regulations, certain uses may be permitted in addition to those otherwise allowed in the CN Zones, and certain of the other regulations applying in said zone may be waived or modified. The normally required design review process may also be waived for developments at the time of initial granting of a Planned Unit Development (PUD) permit. Unless otherwise specified in the PUD permit, any future changes within the Planned Unit Development shall be subject to applicable design review regulations.

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Chapter 17.35 CC COMMUNITY COMMERCIAL ZONES REGULATIONS

17.35.030 Permitted and conditionally permitted activities.

Table 17.35.01: Permitted and Conditionally Permitted Activities Activities Zones Additional
Regulations
CC-1 CC-2 CC-3
Residential Activities
Permanent P(L2)(L3) P(L2)(L3) C(L3)

Residential Care P(L1)(L2)(L3) P(L1)(L2)(L3) C(L1)(L3) 17.103.010 Supportive
Housing
P(L2)(L3) P(L2)(L3) C(L3)

Transitional
Housing
P(L2)(L3) P(L2)(L3) C(L3)

Emergency Shelter C(L1)(L3)
P(L1)(L2)(L3)(L4)
P(L1)(L2)(L3)
(L4)
P(L1)(L3)(L4) 17.103.010

17.103.015
Semi-Transient P(L2)(L3) P(L2)(L3) —

Bed and Breakfast C C C(L3) 17.10.125
Commercial Activities
Mechanical or
Electronic Games
C
P
C
P
C
P

Consumer Dry
Cleaning Plant
P
C
C P
C

Artisan Production P P P

Group Assembly C(L8)
P(L8)(L14)
C(L8)
P(L8)(L14)
C(L8)
P(L8)(L14)

Administrative P P P(L15)
Building Material
Sales
— — P(L11)

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Activities Zones Additional
Regulations
CC-1 CC-2 CC-3
Automobile and
Other Light Vehicle
Sales and Rental
C P(L9)(L11) P

Automobile and
Other Light Vehicle
Gas Station and
Servicing
P(L11) C P(L11)
Industrial Activities
Warehousing, Storage, and Distribution
A. General
Warehousing,
Storage and
Distribution
— — P(L11)

Limitations on Table 17.35.01:

L1. Residential Care is permitted if located in a One-Family Dwelling Residential Facility; conditionally permitted if located elsewhere (see Chapter 17.134 for the CUP procedure). No Residential Care or Emergency Shelter Residential Activity shall be located closer than three hundred (300) feet from any other such Activity or Facility. See Section 17.103.010 for other regulations regarding Residential Care and Emergency Shelter Residential Activities.See Section 17.103.010 for other regulations regarding Residential Care Residential Activities, and Sections 17.103.010 and 17.103.015 for other regulations regarding Emergency Shelter Residential Activities.

L2. Except as indicated in Subsection a. below, these activities are only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure) when located on the ground floor of a building and within thirty (30) feet of the principal street frontage. a. Buildings not located within twenty (20) thirty (30) feet of the principal street frontage and incidental pedestrian entrances that lead to one of these activities elsewhere in a building are exempted from this Conditional Use Permit requirement.

L3. See Section 17.35.040 for limitations on the construction of new Residential Facilities.

L4. Emergency Shelters are permitted by-right on properties owned by churches, temples, synagogues, and other similar places of worship approved for Community Assembly Civic Activities; and within those portions of San Pablo Avenue and Webster Street corridors described in Section 17.103.015(A)(2)(3) respectively and subject to the development standards

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in Section 17.103.015(B); permitted upon the granting of a Conditional Use Permit elsewhere in the zone subject to the standards in Section 17.103.010. Limitations L1 and L3 above.

L6. See Section 17.102.170 for special regulations relating to massage services and Section

17.102.450 for special regulations relating to laundromats. Also, no new or expanded laundromat shall be located closer than five hundred (500) feet from any existing laundromat.

See Section 17.102.450 for further regulations regarding laundromats.

L11. This activity is only permitted upon the granting of a Conditional Use Permit (see Chapter

17.134 for the CUP procedure) when located on a lot that is within three hundred (300) six hundred (600) feet of an RH, RD, or RM Residential Zone.

L12. Limited Agriculture is permitted outright if the activity occupies less than one (1) acre twenty thousand (20,000) square feet of land area and any sales area is less than one thousand (1,000) square feet; conditionally permitted if the activity is larger in either land or sales area (see Chapter 17.134 for the CUP procedure).

L14. The total floor area devoted to these activities on any single lot shall only exceed seven thousand five hundred (7,500) square feet upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure).

L15. These activities are only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure) when located on the ground floor of a street fronting building. Incidental pedestrian entrances that lead to one of these activities elsewhere in the building are exempted from this Conditional Use Permit requirement.

17.35.040 Permitted and conditionally permitted facilities.

Table 17.35.02 lists the permitted, conditionally permitted, and prohibited facilities in the CC Zones. The descriptions of these facilities are contained in Chapter 17.10. "P" designates permitted facilities in the corresponding zone. "C" designates facilities that are permitted only upon t he granting of a Conditional Use Permit (CUP) in the corresponding zone (see Chapter 17.134 for the CUP procedure). "L" designates facilities subject to certain limitations listed at the bottom of the Table. "—" designates facilities that are prohibited.

Table 17.35.02: Permitted and Conditionally Permitted Facilities Facilities Zones Additional
Regulations
CC-1 CC-2 CC-3
Residential Facilities
One-Family Dwelling —(L1) —(L1) —(L1)(L7) 17.103.080
Two- to Four-Family Dwelling P(L2)(L3)(L8) P(L3)(L8) —(L1)(L7) 17.103.080 Multifamily Dwelling P(L2)(L3)(L8) P(L3)(L8) —(L1)(L7) 17.103.080

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Facilities Zones Additional
Regulations
CC-1 CC-2 CC-3
Rooming House P(L2)(L3) P(L3) —(L7)

Vehicular P P —(L7) 17.103.080

17.108.085

Limitations on Table 17.35.02:

L2. Construction of new ground floor Residential Facilities is only permitted if part of a development that has a majority of the ground floor area devoted to Commercial Activities.

L3. Except as indicated in Subsection a. below, construction of new ground floor Residential Facilities within thirty (30) feet of the principal street frontage is not only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure):
a. Buildings not located within twenty (20) thirty (30) feet of the principal street frontage and incidental pedestrian entrances that lead to one of these activities elsewhere in a building are exempted from this requirement.

17.35.050 Property development standards.

A. Zone Specific Standards. Table 17.35.03 below prescribes development standards specific to individual zones. The number designations in the "Additional Regulations" column refer to the regulations listed at the end of the Table. "N/A" designates a standard is not applicable to the specified zone.

Table 17.35.03: Property Development Standards
Development Standards Zones Additional
Regulations
CC-1 CC-2 CC-3
Minimum Lot Dimensions
Lot Width mean 50 ft.
25 ft.
25 ft. 25 ft. 1
Frontage 50 ft.
25 ft.
25 ft. 25 ft. 1
Lot area 7,500 sf.
4,000 sf.
4,000 sf. 4,000 sf. 1

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Development Standards Zones Additional
Regulations
CC-1 CC-2 CC-3
Minimum/Maximum Setbacks
Minimum front 0 ft. 0 ft. 0 ft. 2, 14
Maximum front N/A 10 ft. N/A 3, 14
Minimum interior side 0 ft. 0 ft. 0 ft. 4, 5, 14
Minimum street side 0 ft. 0 ft. 0 ft. 6, 14
Rear (Residential
Facilities)
10/15 ft. 10/15 ft. 10/15 ft. 7, 8, 14
Rear (Nonresidential
Facilities)
0/10/15 ft. 0/10/15 ft. 0/10/15 ft. 8
Design Regulations
Minimum facade
transparency of ground
floor Nonresidential
Facilities
50% N/A 55% N/A 9
Height, Floor Area Ratio,
Density, and Open Space
Regulations
See Table 17.35.04

Minimum Required
Parking
See Chapter 17.116 for automobile parking and
Chapter 17.117 for bicycle parking requirements
13 Additional Regulations for Table 17.35.03:

4. Wherever an interior side lot line abuts an interior side lot line of any lot located in an RH or RD Zone, a side setback of six (6) feet is required. the setback of the abutting portion of its side lot line is ten (10) feet. In the case where an interior side lot line abuts an interior side lot line in an RM Zone, the setback of the abutting portion of its side lot line is five (5) feet. In the case where an interior side lot line abuts a side yard of an interior side lot line of any lot located in an RU-1 or RU-2 lot Zone, a side setback of four (4) feet is required (see Illustration for Table

17.35.03 [Additional Regulation 4], below). Also, see Section 17.108.130 for allowed projections into setbacks.

Page 17 of 74 ends

buildable width of any corner lot (see Illustration for Table 17.33.03 [Additional Regulation 6], below). Also, see Section 17.108.130 for allowed projections into the setbacks.

8. When a rear lot line is adjacent to an RH, RD, or RM Zone, the required rear setback for both Residential and Nonresidential Facilities is ten (10) feet if the lot depth is one hundred (100) feet or less and fifteen (15) feet if the lot depth is more than one hundred (100) feet. When a rear lot line is not adjacent to an RH, RD, or RM Zone, the required rear setback is ten (10) feet for Residential Facilities and there is no required setback for Nonresidential Facilities.

10. This height is only required for new principal buildings with ground floor Nonresidential Facilities located within twenty (20) feet of the principal street frontage; and is measured from the sidewalk grade to the second story floor.

13. See Section 17.103.080 for additional parking regulations that apply to Accessory Dwelling Units.

14. Vehicular Residential Facilities shall be located a minimum of thirty (30) feet from the street or be located behind a building. See Section 17.103.085 for setback and separation requirements for Vehicular Residential Facilities.

B. Height, Floor Area Ratio (FAR), Density, and Open Space. Table 17.35.04 below prescribes height, FAR, density, and open space standards associated with the Height Areas described in the Zoning Maps. The number designations in the "Additional Regulations" column refer to regulations below the table. "N/A" designates a regulation is not applicable to the specified Height Area.

Table 17.35.04 Height, Floor Area Ratio (FAR), Density, and Open Space Regulations Regulation Height Area Additional
Regulations
35 45 55 60
65 75 90
95 120
125
160
175
Maximum Height 35
ft.
45 ft.
55 ft.
60 ft.
65 ft.
75 ft.
90 ft.
95 ft.

120
ft.
125
ft.

160
ft.
175
ft.
1, 2
Height Minimum
Permitted height minimum N/A

N/A

35 ft.
35 ft.
35 ft.
35 ft.
45 ft.
35 ft.
55 ft.
35 ft.
55 ft.
3

Page 18 of 74 ends

Regulation Height Area Additional
Regulations
35 45 55 60
65 75 90
95 120
125
160
175
Conditionally permitted height
minimum
N/A N/A 25
ft.
25 ft.
25 ft.
25 ft.
35 ft.
25 ft.
45 ft.
25 ft.
45 ft.
3 Maximum Residential Density (square feet of lot area required per dwelling unit) Regular Dwelling Units 550 450 375
350
375
350
275 225
200
225
200
225
200
4, 5
Rooming Units 275 225 185
175
185
175
135 110
100
110
100
110
100
4, 5
Efficiency Dwelling Units 275 225 185
175
185
175
135 110
100
110
100
110
100
4, 5
Maximum Nonresidential FAR 2.0 2.5 3.0 3.0 4.0 4.5 5.0 5.0 4, 5 Maximum number of stories (not
including underground
construction)
3 4 5 5
6 7 8 11
12 15
17 Minimum Usable Open Space (square feet per residential unit) Group usable open space per
Regular Dwelling Unit
150
75 150
75 150
75 150
75 150 100
75 100
75 100
75 6
Group usable open space per
Regular Dwelling Unit when private
open space substituted
30 20
30 20
30 20
30 20
30 20 20 20 6
Group usable open space per
Rooming Unit
75 38
75 38
75 38
75 38
75 50
38 50
38 50
38 6
Group usable open space per
Rooming Unit when private open
space is substituted
15 10
15 10
15 10
15 10
15 10 10 10 6

Page 19 of 74 ends

Regulation Height Area Additional
Regulations
35 45 55 60
65 75 90
95 120
125
160
175
Group usable open space per
Efficiency Dwelling Unit
75 38
75 38
75 38
75 38
75 50
38 50
38 50
38 6
Group usable open space per
Efficiency Dwelling Unit when private
open space is substituted
15 10
15 10
15 10
15 10
15 10 10 10 6

Additional Regulations for Table 17.35.04:

2. Buildings in the CC Zones shall have a thirty (30) foot maximum height at the setback line associated with any rear or interior side lot line that abut a lot in an RH, RD, or RM Zone; if the principal building on the abutting lot has a height of thirty (30) feet or less, this maximum height shall increase one foot for every foot of distance away from this setback line. If the principal building on the abutting lot has a height of greater than thirty (30) feet, the maximum height shall increase two (2) feet for every foot away from the applicable setback line (see Illustration for Table 17.35.04 [Additional Regulation 2], below). Also, see Section 17.108.030 for allowed projections above height limits and Section 17.108.020 for increased height limits in certain situations.

5. No portion of lot area used to meet the residential density requirements shall be used as a basis for computing the maximum nonresidential FAR unless the total nonresidential floor area on the lot is less than three thousand (3,000) square feet. As specified in Section 17.106.030, the total lot area shall be used as the basis for computing both the maximum nonresidential FAR and the maximum residential density for mixed use projects.

17.35.060 Special regulations for Mini-Lot and Planned Unit Developments.

A. Mini-Lot Planned Unit Developments. In Mini-Lot Planned Unit Developments (Mini- Lot PUDs), certain regulations that apply to individual lots in the CC Zones may be waived or modified when and as prescribed in Chapter 17.142.

AB. Planned Unit Developments. Large integrated developments shall be subject to the Planned Unit Development (PUD) regulations in Chapter 17.142 if they exceed the sizes specified therein. In developments which are approved pursuant to said regulations, certain uses may be permitted in addition to those otherwise allowed in the CC Zones, and certain of the other regulations applying in said zone may be waived or modified. The normally required design review process may also be waived for developments at the time of initial granting of a Planned Unit Development (PUD) permit. Unless otherwise specified in the PUD permit, any future changes within the Planned Unit Development shall be subject to applicable design review regulations.

Page 20 of 74 ends

17.35.070 Other zoning provisions.

A. Home Occupations. Home occupations shall be subject to the applicable provisions of the home occupation regulations in Chapter 17.112. See Section 17.112.060 for home occupation regulations specific to the West Oakland Specific Plan Area.

Page 21 of 74 ends

Chapter 17.37 CR REGIONAL COMMERCIAL ZONES REGULATIONS

17.37.030 Permitted and conditionally permitted activities.

Table 17.37.01: Permitted and Conditionally Permitted Activities Activities Zones Additional
Regulations
CR-1 CR-2
Residential Activities
Permanent — P(L13)

Residential Care — P(L1) 17.103.010
Supportive Housing — P

Transitional Housing — P

Emergency Shelter CP(L1) P(L1) 17.103.010
Semi-Transient C P

Bed and Breakfast — —

Civic Activities
Essential Service P P

Limited Child-Care Activities P P

Community Assembly CP P

Recreational Assembly P P

Community Education C C

Nonassembly Cultural P P

Administrative CP P

Health Care C C

Special Health Care C(L2) C(L2) 17.103.020
Utility and Vehicular C C

Page 22 of 74 ends

Activities Zones Additional
Regulations
CR-1 CR-2
Extensive Impact C C 17.102.440
Commercial Activities
General Food Sales P P

Full Service Restaurants P P

Limited Service Restaurant and Cafe P P

Fast-Food Restaurant C C 17.103.030
and 8.09
Convenience Market C C 17.103.030
Alcoholic Beverage Sales C C 17.103.030
and

17.114.030
Mechanical or Electronic Games C
P(L10)
P(L10)

Medical Service P P

General Retail Sales P P

Large-Scale Combined Retail and Grocery
Sales
— —

Consumer Service P(L3) P(L3)

Consultative and Financial Service P P

Check Cashier and Check Cashing — —

Consumer Cleaning and Repair Service P(L4) P(L4)

Consumer Dry Cleaning Plant C C

Group Assembly C(L6) C(L6)

Personal Instruction and Improvement
Services
P P

Page 23 of 74 ends

Activities Zones Additional
Regulations
CR-1 CR-2
Administrative P P

Business, Communication, and Media
Services
P P

Broadcasting and Recording Services P P

Research Service P P

General Wholesale Sales C C

Transient Habitation C C 17.103.050
Building Material Sales P(L4)(L12) C(L4)

Automobile and Other Light Vehicle Sales
and Rental
P(L4) P

Automobile and Other Light Vehicle Gas
Station and Servicing
P(L4) P(L4)

Automobile and Other Light Vehicle Repair
and Cleaning
P(L4)(L12) P(L4)(L12)

Taxi and Light Fleet-Based Services P(L4)(L5)(L12) C(L4)(L5)

Automotive Fee Parking —(L7) —(L7)

Animal Boarding C C

Animal Care P P

Undertaking Service — —

Industrial Activities
Custom Manufacturing P(L4) P(L4)(L11)

Light Manufacturing P(L4) P(L4)(L11)

General Manufacturing C(L4)(L5) —

Heavy/High Impact — —

Page 24 of 74 ends

Activities Zones Additional
Regulations
CR-1 CR-2
Research and Development P P

Construction Operations — —

Warehousing, Storage, and Distribution-
Related

A. General Warehousing, Storage and
Distribution
P(L4)(L5)(L12) P(L4)(L5)(L12)

B. General Outdoor Storage C(L4)(L5) —

C. Self- or Mini-Storage C(L4)(L5)
—
—

D. Container Storage C(L4)(L5) —

E. Salvage/Junk Yards — —

Regional Freight Transportation C(L4)(L5) —

Trucking and Truck-Related C(L4)(L5) —

Recycling and Waste-Related

A. Satellite Recycling Collection Centers C(L4) C(L4)

B. Primary Recycling Collection Centers C(L4)(L5)
—
— 17.103.060
Hazardous Materials Production, Storage,
and Waste Management-Related
— —

Agriculture and Extractive Activities
Limited Agriculture P(L4)(L8) P(L4)(L8)
Extensive Agriculture C(L4)(L9) C(L4)(L9)

Plant Nursery C(L4) C(L4)

Mining and Quarrying — —

Page 25 of 74 ends

Activities Zones Additional
Regulations
CR-1 CR-2
Accessory off-street parking serving
prohibited activities
P P 17.116.075
Activities that are listed as prohibited but
are permitted or conditionally permitted on
nearby lots in an adjacent zone
C C 17.102.110

Limitations on Table 17.37.01:

L1. No Emergency Shelter Residential Activity shall be located closer than three hundred (300) feet from any Residential Care Residential Activity or other Emergency Shelter Residential Activity or Facility. See Section 17.103.010 for other regulations regarding these Activities. See Section 17.103.010 for other regulations regarding Residential Care Residential Activities, and Sections 17.103.010 and 17.103.015 for other regulations regarding Emergency Shelter Residential Activities. Notwithstanding anything to the contrary contained in the Planning Code, Emergency Shelter Residential Activities are permitted by-right on properties owned by churches, temples, synagogues, and other similar places of worship approved for Community Assembly Civic Activities); permitted upon the granting of a Conditional Use Permit elsewhere in the zone subject to the standards in Section 17.103.010 (see Chapter 17.134 for the CUP procedure).

L3. See Section 17.102.170 for special regulations relating to massage services and Section

17.102.450 for special regulations relating to laundromats. Also, no new or expanded laundromat shall be located closer than five hundred (500) feet from any existing laundromat.

See Section 17.102.450 for further regulations regarding laundromats.

L4. Except for Automobile and Other Light Vehicle Gas Station and Servicing and/or Repair and Cleaning Commercial Activities that are accessory to an approved Automobile and Other Light Vehicle Sales and Rental Commercial Activity, tThese activities are not permitted within three hundred (300) feet of a lot line adjacent to the Hegenberger Road right-of-way.

L5. These activities are not permitted within three hundred (300) feet of a lot line adjacent to the Hegenberger Road, Mandela Parkway, and Yerba Buena Avenue right-of-ways.

L8. Limited Agriculture is permitted outright if the activity occupies less than one (1) acre twenty thousand (20,000) square feet of land area and any sales area is less than one thousand (1,000) square feet; conditionally permitted if the activity is larger in either land or sales area (see Chapter 17.134 for the CUP procedure).

L9. Extensive Agriculture is only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure). In addition to the criteria contained in Section

17.134.050, this activity must meet the following use permit criteria:

Page 26 of 74 ends

a1. The proposal will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood in terms of noise, water and pesticide runoff, farming equipment operation, hours of operation, odor, security, and vehicular traffic.

L10. The total floor area devoted to these activities by any single establishment shall only exceed ten thousand (10,000) square feet upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure).

L11. The total floor area devoted to these activities by any single establishment shall only exceed twenty-five thousand (25,000) square feet upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure).

L12. This activity is only permitted upon the granting of a Conditional Use Permit (see Chapter

17.134 for the CUP procedure) when located on a lot that is within six hundred (600) feet of a Residential Zone.

L13. Construction of new ground floor Residential Facilities within thirty (30) feet of the principal street frontage is only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure). Buildings not located within thirty (30) feet of the principal street frontage and incidental pedestrian entrances that lead to one of these activities elsewhere in a building are exempted from this requirement. for the CUP procedure). Buildings not located within thirty (30) feet of the principal street frontage and incidental pedestrian entrances that lead to one of these activities elsewhere in a building are exempted from this requirement.

17.37.040 Permitted and conditionally permitted facilities.

Table 17.37.02: Permitted and Conditionally Permitted Facilities Facilities Zones Additional
Regulations
CR-1 CR-2
Residential Facilities
One-Family Dwelling —(L1)(L3) —(L1) 17.103.080
Two- to Four-Family Dwelling —(L1)(L3) P(L4) 17.103.080 Multifamily Dwelling —(L1)(L3) P(L4) 17.103.080
Rooming House —(L1)(L3) P(L4)

Vehicular —(L1) P 17.103.085
Nonresidential Facilities
Enclosed Nonresidential P P

Page 27 of 74 ends

Facilities Zones Additional
Regulations
CR-1 CR-2
Open Nonresidential P P

Sidewalk Cafe P P 17.103.090
Drive-In C C

Drive Through C C

Telecommunications Facilities
Micro Telecommunications P(L2) P(L2) 17.128
Mini Telecommunications P(L2) P(L2) 17.128
Macro Telecommunications C C 17.128
Monopole Telecommunications C C 17.128
Tower Telecommunications — — 17.128
Sign Facilities
Residential Signs P P 17.104
Special Signs P P 17.104
Development Signs P P 17.104
Realty Signs P P 17.104
Civic Signs P P 17.104
Business Signs P P 17.104
Advertising Signs — — 17.104

Limitations on Table 17.37.02:

L1. See Chapter 17.114, Nonconforming Uses, for additions and alterations to legal nonconforming Residential Facilities, provided, however, that Accessory Dwelling Units are permitted when there is an existing primary Residential Facility on a lot, subject to the provisions of Section 17.103.080 and Chapter 17.88.

L2. See Section 17.128.025 for restrictions on Telecommunication Facilities near Residential Zones, HBX Zones, or D-CE-3 or D-CE-4 Zones.

Page 28 of 74 ends

L3. All new Residential Facilities are prohibited in the CR-1 Zone, except for those facilities approved in conjunction with a permitted or conditionally permitted Emergency Shelter or Semi- Transient Residential Activity, as indicated in Table 17.37.01.

L4. See Section 17.103.080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units.

17.37.050 Property development standards.

A. Zone Specific Standards. Table 17.37.03 below prescribes development standards specific to individual zones. The number designations in the "Additional Regulations" column refer to the regulations listed at the end of the Table.

Table 17.37.03: Property Development Standards
Development Standards Zones Additional
Regulations
CR-1 Zone CR-2
Minimum Lot Dimensions
Lot Width mean 50 ft. 50 ft. 1
Frontage 50 ft. 50 ft. 1
Lot area 7,500 sf. 7,500 sf. 1
Minimum/Maximum Setbacks
Minimum front 10 ft. 20 feet on parcels
facing a right-of-way of
100 ft. or more; 10 feet
on parcels facing a right-
of-way that is less than
100 feet wide.
10 ft. 2
Minimum interior side 0 ft. 0 ft. 3
Minimum street side 0 ft. 0 ft. 4
Rear 0/10/15 ft. 0/10 ft. 5
Design Regulations
Minimum height of ground
floor Nonresidential
Facilities
15 ft. 15 ft. 6

Page 29 of 74 ends

Height, and Floor Area
Ratio, Density, and Open
Space Regulations
See Table 17.37.04 See Table 17.37.04

Minimum Required
Parking
See Chapter 17.116 for
automobile parking and
Chapter 17.117 for
bicycle parking
requirements
See Chapter 17.116 for
automobile parking and
Chapter 17.117 for
bicycle parking
requirements

Additional Regulations for Table 17.37.03:

1. See Section 17.106.010 and 17.106.020 for exceptions to lot area, lot width mean, and street frontage regulations.

2. Hegenberger Road, 98th Avenue, and Edgewater Drive each have a right-of-way width of one hundred (100) feet or more. This minimum front yard setback area shall, except for necessary driveways, walkways, and allowable signs, be developed as open landscaped areas with lawn, ground cover, garden, shrubs, trees, or decorative paving materials, subject to the standards for required landscaping and screening in Chapter 17.124. Further, if fifty percent (50%) or more of the frontage on one side of the street between two intersecting streets is in any Residential Zone and all or part of the remaining frontage is in any Commercial or Industrial Zone, the required front setback of the commercially or industrially zoned lots is one-half (½) of the minimum front setback required in the Residential Zone. If fifty percent (50%) or more of the total frontage is in more than one Residential Zone, then the minimum front setback on the commercially or industrially zoned lots is one-half (½) of that required in the Residential Zone with the lesser front setback.

3. Wherever an interior side lot line abuts an interior side lot line of any lot located in an RH or RD Zone, the setback of the abutting portion of its side lot line is ten (10) feet a side setback of six (6) feet is required. In the case where an interior side lot line abuts an interior side lot line in an RM Zone, the setback of the abutting portion of its side lot line is five (5) feet. In the case where an interior side lot line abuts an interior side lot line in a side yard of an RU-1 or RU-2 Zone, lot, a side setback of four (4) feet is required (see Illustration for Table 17.37.03 [Additional Regulation 3], below). Also, see Section 17.108.130 for allowed projections into setbacks.

3. Wherever an interior side lot line abuts an interior side lot line of any lot located in an RH or RD Zone, the setback of the abutting portion of its side lot line is ten (10) feet a side setback of six (6) feet is required. In the case where an interior side lot line abuts an interior side lot line in an RM Zone, the setback of the abutting portion of its side lot line is five (5) feet. In the case where an interior side lot line abuts a side yard of an interior side lot line of any lot located in an RU-1 or RU-2 lot Zone, a side setback of four (4) feet is required (see Illustration for Table

17.37.03 [Additional Regulation 3], below). Also, see Section 17.108.130 for allowed projections into setbacks.

Illustration for Table 17.37.03 [Additional Regulation 3] *for illustration purposes only

Page 30 of 74 ends

4. When the rear yard of a reversed corner lot abuts a key lot that is in an RH, RD, or RM Zone, the required street side yard setback in the rear twenty (20) ten (10) feet of the reversed corner lot is one-half (½) of the minimum front yard required on the key lot, but shall not be required to exceed four (4) feet in width if it would reduce to less than twenty-five (25) feet the buildable width of any corner lot. (see Illustration for Table 17.37.03 [Additional Regulation 4], below) Also, see Section 17.108.130 for allowed projections into setbacks.

Illustration for Table 17.37.03 [Additional Regulation 4] *for illustration purposes only

5. When a rear lot line is adjacent to an RH, RD, or RM Zone, the required rear setback is ten (10) feet if the lot depth is one-hundred (100) feet or less and fifteen (15) feet if the lot depth is more than one-hundred (100) feet. When a rear lot line is not adjacent to an RH, RD, or RM Zone, there is no required rear setback.

6. This height is only required for new principal buildings with ground floor Nonresidential Facilities located within twenty (20) feet of the principal street; and is measured from the sidewalk grade to the second story floor.

B. Height, and Floor Area Ratio (FAR), Density, and Open Space Regulations. Table

17.37.04 below prescribes height, and FAR, density, and open space standards associated with the Height Areas described in the Zoning Maps. The number designations in the "Additional Regulations" column refer to regulations below the table.

Table 17.37.04 Height, Floor Area Ratio (FAR), Density, and Open Space Regulations Regulation Height Area Additional
Regulations
35 45 60
65 75 90
100
120
145
160
159
Maximum Height 35
feet
45 feet
65 60
feet
75 feet
100
90 feet
145
120
feet
159
160
feet
1 Maximum Nonresidential FAR 2.0 2.5 3.0 4.0 4.0 4.0 4.0 2 Maximum Number of Stories (not
including underground
construction)
3 4 5
6 7 8
9 11
14 15 1
Maximum Residential Density (square feet of lot area required per dwelling unit) Regular Dwelling Units 550 450 350 200 200 200 2, 3, 5 Rooming Units 275 225 175 100 100 100 2, 3, 5

Page 31 of 74 ends

Efficiency Dwelling Units 275 225 175 100 100 100 2, 3, 5 Minimum Usable Open Space (square feet per residential unit) Group usable open space per
Regular Dwelling Unit
75 75 75 75 75 75 4
Group usable open space per
Regular Dwelling Unit when private
open space substituted
20 20 20 20 20 20 4
Group usable open space per
Rooming Unit
38 38 38 38 38 38 4
Group usable open space per
Rooming Unit when private open
space is substituted
10 10 10 10 10 10 4
Group usable open space per
Efficiency Dwelling Unit
38 38 38 38 38 38 4
Group usable open space per
Efficiency Dwelling Unit when
private open space is substituted
10 10 10 10 10 10 4

Additional Regulations for Table 17.37.04:

1. The height of all structures is subject to Federal Aviation Administration (FAA) regulations.

Also, buildings in the CR Zones shall have a thirty (30) foot maximum height at the setback line associated with any rear or interior side lot line that abut a lot in an RH, RD, or RM Zone; if the principal building on the abutting lot has a height of thirty (30) feet or less, this maximum height shall increase one foot for every foot of distance away from this setback line. If the principal building on the abutting lot has a height of greater than thirty (30) feet, the maximum height shall increase two (2) feet for every foot away from the applicable setback line (see Illustration for Table 17.37.04 [Additional Regulation 1], below). Also, see Section 17.108.030 for allowed projections above height limits and Section 17.108.020 for increased height limits in certain situations.

Illustration for Table 17.37.04 [Additional Regulation 1] *for illustration purposes only

2. As specified in Section 17.106.030, the total lot area shall be used as the basis for computing both the maximum nonresidential FAR and the maximum residential density for mixed use projects in the CR-2 Zone.

3. See Chapter 17.107 for affordable and senior housing incentives. See Section 17.103.080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units. Also applicable are the provisions of Section 17.102.270 with respect to additional kitchens for a

Page 32 of 74 ends

dwelling unit, and the provisions of Section 17.102.300 with respect to dwelling units with five (5) or more bedrooms.

4. Usable open space is only required on lots with two (2) or more dwelling units, excluding any permitted Accessory Dwelling Units. Each one (1) square foot of private usable open space equals two (2) square feet towards the total usable open space requirement, except that actual group space shall be provided in the minimum amount specified in the table per dwelling unit, excluding any permitted Accessory Dwelling Units. All usable open space shall meet the standards contained in Chapter 17.126.

5. All new Residential Facilities are prohibited in the CR-1 Zone, except for those facilities approved in conjunction with a permitted or conditionally permitted Emergency Shelter or Semi- Transient Residential Activity, as indicated in Table 17.37.01.

17.37.060 Special regulations for Planned Unit Developments.

A. Mini-Lot Planned Unit Developments. In Mini-Lot Planned Unit Developments (Mini- Lot PUDs), certain regulations that apply to individual lots in the CR Zones may be waived or modified when and as prescribed in Chapter 17.142.

AB. Planned Unit Developments. Large integrated developments shall be subject to the Planned Unit Development (PUD) regulations in Chapter 17.142 if they exceed the sizes specified therein. In developments which are approved pursuant to said regulations, certain uses may be permitted in addition to those otherwise allowed in the CR Zones, and certain of the other regulations applying in said zone may be waived or modified. The normally required design review process may also be waived for developments at the time of initial granting of a Planned Unit Development (PUD) permit. Unless otherwise specified in the PUD permit, any future changes within the Planned Unit Development shall be subject to applicable design review regulations.

17.37.070 Other zoning provisions.

Page 33 of 74 ends

Chapter 17.54 C-40 COMMUNITY THOROUGHFARE COMMERCIAL ZONE REGULATIONS

17.54.050 Permitted activities.

The following activities, as described in the use classifications in Chapter 17.10, are permitted:

A. Residential Activities:

Permanent
Residential Care occupying a One-Family Dwelling Residential Facility Supportive Housing
Transitional Housing
Semi-Transient
Emergency Shelter (Emergency Shelters are permitted by-right on properties owned by churches, temples, synagogues, and other similar places of worship approved for Community Assembly Civic Activities; and within the area surrounding the Third Street corridor described in Section 17.103.015(A)(5) and subject to the development standards in Section 17.103.015(B); permitted upon the granting of a Conditional Use Permit elsewhere in the zone subject to the standards in Section 17.103.010.)
C. Commercial Activities:

General Food Sales
Full Service Restaurant
Limited Service Restaurant and Cafe
Medical Service
General Retail Sales
Consumer Service
Consultative and Financial Service
Consumer Cleaning and Repair Service
Consumer Dry Cleaning Plant
Mechanical or Electronic Games
Group Assembly - but only if the total floor area devoted to these activities on any single lot does not exceed seven thousand five hundred (7,500) square feet; conditionally permitted if the activity is larger in floor area (see Chapter 17.134 for the CUP procedure). No new or expanded Adult Entertainment Activity shall be located closer than one thousand (1,000) feet to the boundary of any Residential Zone or three hundred (300) feet from any other Adult Entertainment Activity. See Section 17.102.160 for further regulations regarding Adult Entertainment Activities
Personal Instruction and Improvement Services
Administrative

Page 34 of 74 ends

Business, Communication, and Media Service
Broadcasting and Recording Service
Research Service
General Wholesale Sales
Building Material Sales
Automobile and Other Light Vehicle Sales and Rental
Automobile and Other Light Vehicle Gas Station and Servicing - but only if located on the same site with, and operated as accessory to, an approved Automobile and Other Vehicle Sales and Rental Commercial Activity; conditionally permitted if located elsewhere in the zone (see Chapter 17.134 for the CUP procedure).

Automotive and Other Light Vehicle Repair and Cleaning - but only if located on the same site with, and operated as accessory to, an approved Automobile and Other Vehicle Sales and Rental Commercial Activity; conditionally permitted if located elsewhere in the zone (see Chapter 17.134 for the CUP procedure).

Automotive Fee Parking
D. Industrial Activities:

Custom Manufacturing
E. Agricultural and Extractive Activities:

Limited Agriculture, permitted outright if the activity occupies less than one (1) acre twenty thousand (20,000) square feet of land area and any sales area is less than one thousand (1,000) square feet; conditionally permitted if the activity is larger in either land or sales area (see Chapter 17.134 for the CUP procedure)
F. Off-street parking serving activities other than those listed above, subject to the conditions set forth in Section 17.116.075.

17.54.060 Conditionally permitted activities.

The following activities, as described in the use classifications in Chapter 17.10, may be permitted upon the granting of a Conditional Use Permit pursuant to the Conditional Use Permit procedure in Chapter 17.134:

A. Residential Activities:

Residential Care, except when occupying a One-Family Dwelling Residential Facility Emergency Shelter
AB. Civic Activities:

Extensive Impact
Utility and Vehicular (communications equipment installations and exchanges, only) Special Health Care Civic Activities
BC. Commercial Activities:

Page 35 of 74 ends

Check Cashier and Check Cashing
Fast-Food Restaurant
Convenience Market
Alcoholic Beverage Sales
Mechanical or Electronic Games
Group Assembly
Personal Instruction and Improvement Services
Transient Habitation (see Section 17.103.050)
Animal Care
Animal Boarding
Undertaking Service
CD. Industrial Activities:

Light Manufacturing
DE. Agricultural and Extractive Activities:

Plant Nursery
Extensive Agriculture (see Section 17.54.090)
EF. Activities that are listed neither as permitted nor conditionally permitted, but are permitted or conditionally permitted on nearby lots in an adjacent zone, subject to the conditions set forth in Section 17.102.110

17.54.070 Permitted facilities.

The following facilities, as described in the use classifications in Chapter 17.10, are permitted.

See Section 17.103.080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units:

A. Residential Facilities:

One-Family Dwelling
Two- to Four-Family Dwelling
Multifamily Dwelling
Rooming House
Vehicular

17.54.130 Maximum residential density.

The maximum density of Residential Facilities shall be as set forth below, subject to the provisions of Section 17.106.030 with respect to maximum density on lots containing both

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Residential and Nonresidential Facilities. Also applicable are the provisions of Section

17.102.270 with respect to additional kitchens for a primary dwelling unit, and the provisions of Section 17.102.300 with respect to dwelling units with five (5) or more bedrooms. No Residential Facility shall be permitted to have both an additional kitchen as provided for in Section

17.102.270 and a Category One Accessory Dwelling Unit or Junior Accessory Dwelling Unit (JADU) within the existing primary residential structure.

A. Permitted Density.

5. One-Family Dwellings and Two- to Four-Family Dwellings. A One-Family Dwelling or Two- to Four-Family Dwelling is permitted on any lot which qualifies under Section 17.106.010 as an existing buildable parcel and that contains no other dwelling units. See Section 17.103.080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units.

B. Conditionally Permitted Increased Density Allowed in Certain Situations. The number of living units allowed by Subsection A. of this Section may be increased by not to exceed fifty percent (50%) upon the granting of a Conditional Use Permit pursuant to the Conditional Use Permit procedure in Chapter 17.134, in each of the following situations:

1. In the case of a Residential Facility with more than four (4) stories containing living units, subject to the provisions of Section 17.106.040;

2. Upon the acquisition of development rights from nearby lots, subject to the provisions of Section 17.106.050.

The number of living units may also be increased, as prescribed in Section 17.106.060, in certain special housing.

17.54.140 - Maximum nonresidential Floor-Area Ratio.

The maximum Floor-Area Ratio (FAR) of Nonresidential Facilities shall be as set forth below, subject to the provisions of Section 17.106.030 with respect to maximum FAR on lots containing both Residential and Nonresidential Facilities:

A. Permitted Floor-Area Ratio. The maximum permitted Floor-Area Ratio is 3.00, except that this ratio may be exceeded by ten percent (10%) on any corner lot and may also be exceeded by ten percent (10%) on any lot which faces or abuts a public park at least as wide as the lot.

B. Conditionally Permitted Floor-Area Ratio. The Floor-Area Ratio permitted by Subsection A. of this Section may be increased by not to exceed fifty percent (50%) upon the acquisition of development rights from nearby lots and the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134, subject to the provisions of Section

17.106.050.

C. Floor-Area Ratio for BART Owned Parcels Subject to Assembly Bill (AB) 2923 (2018). The maximum permitted Floor-Area Ratio is 7.2 for all activities.

17.54.170 Minimum usable open space.

On each lot containing Residential Facilities with a total of two or more dwelling units, excluding any permitted Accessory Dwelling Units, group usable open space shall be provided for such

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facilities in the minimum amount of one hundred fifty (15) seventy-five (75) square feet per Regular Dwelling Unit plus seventy five (75) thirty-eight (38) square feet per Rooming Unit or Efficiency Dwelling Unit. Private usable open space may be substituted for such group space in the ratio prescribed in Section 17.126.020, except that actual group space shall be provided in the minimum amount of thirty (30) twenty (20) square feet per Regular Dwelling Unit plus fifteen (15) ten (10) square feet per Rooming Unit or Efficiency Dwelling Unit. All required space shall conform to the standards for required usable open space in Chapter 17.126.

17.54.190 Special regulations for Planned Unit Developments.

A. Mini-Lot Planned Unit Developments. In Mini-Lot Planned Unit Developments (Mini- Lot PUDs), certain of the regulations otherwise applying to individual lots in the C-40 Zone may be waived or modified when and as prescribed in Chapter 17.142.

AB. Planned Unit Developments. Large integrated developments shall be subject to the Planned Unit Development (PUD) regulations in Chapter 17.142 if they exceed the sizes specified therein. In developments which are approved pursuant to said regulations, certain uses may be permitted in addition to those otherwise allowed in the C-40 Zone, and certain of the other regulations applying in said zone may be waived or modified. The normally required design review process may also be waived for developments at the time of initial granting of a Planned Unit Development (PUD) permit. Unless otherwise specified in the PUD permit, any future changes within the Planned Unit Development shall be subject to applicable design review regulations.

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Chapter 17.56 C-45 COMMUNITY SHOPPING COMMERCIAL ZONE REGULATIONS

17.56.050 Permitted activities.

The following activities, as described in the use classifications in Chapter 17.10, are permitted:

A. Residential Activities:

Essential Service
Limited Child-Care
Recreational Assembly
Community Assembly
Community Education
Nonassembly Cultural
Administrative
Health Care
C. Commercial Activities:

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Mechanical or Electronic Games
Group Assembly - but only if the total floor area devoted to these activities on any single lot does not exceed seven thousand five hundred (7,500) square feet; conditionally permitted if the activity is larger in floor area (see Chapter 17.134 for the CUP procedure). No new or expanded Adult Entertainment Activity shall be located closer than one thousand (1,000) feet to the boundary of any Residential Zone or three hundred (300) feet from any other Adult Entertainment Activity. See Section 17.102.160 for further regulations regarding Adult Entertainment Activities
Personal Instruction and Improvement Services
Administrative
Business, Communication, and Media Service
Broadcasting and Recording Service
Research Service
D. Industrial Activities:

Custom Manufacturing
E. Agricultural and Extractive Activities:

Limited Agriculture, permitted outright if the Activity occupies less than one (1) acre twenty thousand (20,000) square feet of land area and any sales area is less than one thousand (1,000) square feet; conditionally permitted if the Activity is larger in either land or sales area (see Chapter 17.134 for the CUP procedure)

17.56.060 Conditionally permitted activities.

A. Residential Activities:

Residential Care, except when occupying a One-Family Dwelling Residential Facility Emergency Shelter
AB. Civic Activities:

Utility and Vehicular
Special Health Care Civic
Extensive Impact Civic
BC. Commercial Activities:

Check Cashier and Check Cashing
Fast-Food Restaurant
Convenience Market

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Alcoholic Beverage Sales
Mechanical or Electronic Games
Group Assembly
Personal Instruction and Improvement Services
General Wholesale Sales
Transient Habitation (see Section 17.103.050)
Automobile and Other Light Vehicle Sales and Rental
Automobile and Other Light Vehicle Gas Station and Servicing Automotive and Other Light Vehicle Repair and Cleaning
Automotive Fee Parking
Animal Care
Animal Boarding
Undertaking Service
CD. Industrial Activities:

Light Manufacturing
DE. Agricultural and Extractive Activities:

Plant Nursery
Extensive Agriculture (see Section 17.56.095)
EF. Off-street parking serving activities other than those listed above or in Section

17.56.050, subject to the conditions set forth in Section 17.116.075.

FG. Activities that are listed neither as permitted nor conditionally permitted, but are permitted or conditionally permitted on nearby lots in an adjacent zone, subject to the conditions set forth in Section 17.102.110.

17.56.070 Permitted facilities.

The following facilities, as described in the use classifications in Chapter 17.10, are permitted.

See Section 17.103.080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units:

A. Residential Facilities:

One-Family Dwelling
Two- to Four-Family Dwelling
Multifamily Dwelling
Rooming House
Vehicular

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17.56.140 Maximum residential density.

The maximum density of Residential Facilities shall be as set forth below, subject to the provisions of Section 17.106.030 with respect to maximum density on lots containing both Residential and Nonresidential Facilities. Also applicable are the provisions of Section

17.102.270 with respect to additional kitchens for a dwelling unit, and the provisions of Section

17.102.300 with respect to dwelling units with five (5) or more bedrooms. No Residential Facility shall be permitted to have both an additional kitchen as provided for in Section 17.102.270.B and a Secondary Unit.

A. Permitted Density.

B. Conditionally Permitted Increased Density Allowed in Certain Situations. The number of living units permitted by Subsection A. of this Section may be increased by not to exceed fifty percent (50%) upon the granting of a Conditional Use Permit pursuant to the Conditional Use Permit procedure in Chapter 17.134, in each of the following situations:

1. In the case of a Residential Facility with more than four (4) stories containing living units, subject to the provisions of Section 17.106.040;

2. Upon the acquisition of development rights from nearby lots, subject to the provisions of Section 17.106.050.

17.56.180 Minimum usable open space.

On each lot containing Residential Facilities with a total of two or more dwelling units, excluding any permitted Accessory Dwelling Units, group usable open space shall be provided for such facilities in the minimum amount of one hundred fifty (150) seventy-five (75) square feet per Regular Dwelling Unit plus seventy five (75) thirty-eight (38) square feet per Rooming Unit or Efficiency Dwelling Unit. Private usable open space may be substituted for such group space in the ratio prescribed in Section 17.126.020. All required space shall conform to the standards for required usable open space in Chapter 17.126.

17.56.200 Special regulations for Planned Unit Developments.

A. Mini-Lot Planned Unit Developments. In Mini-Lot Planned Unit Developments (Mini- Lot PUDs), certain of the regulations otherwise applying to individual lots in the C-45 Zone may be waived or modified when and as prescribed in Section 17.102.320.

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uses may be permitted in addition to those otherwise allowed in the C-45 Zone, and certain of the other regulations applying in said zone may be waived or modified. The normally required design review process may also be waived for developments at the time of initial granting of a Planned Unit Development (PUD) permit. Unless otherwise specified in the PUD permit, any future changes within the Planned Unit Development shall be subject to applicable design review regulations.

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Chapter 17.58 CBD CENTRAL BUSINESS DISTRICT ZONES REGULATIONS

17.58.030 Conditional use permit for large-scale developments Special regulations for Large-Scale Developments.

No development that involves more than two hundred thousand (200,000) square feet of new floor area, or a new building or portion thereof of more than two hundred fifty (250) feet in height, shall be permitted except upon the granting of a conditional use permit Conditional Use Permit (see Chapter 17.134 for the CUP procedure). This requirement shall not apply to developments that include one hundred percent (100%) affordable housing units or that have been approved according to the Planned Unit Development procedure (see Chapter 17.140 for the PUD procedure).

17.58.040 Permitted and conditionally permitted activities.

Table 17.58.01: Permitted and Conditionally Permitted Activities Activities CBD-R CBD-P CBD-C CBD-X Additional
Regulations
Residential Activities
Permanent P P(L1) P(L1) P

Residential Care P(L2) P(L1)(L2) P(L1)(L2) P(L2) 17.103.010 Supportive Housing P P(L1) P(L1) P
Transitional Housing P P(L1) P(L1) P

Emergency Shelter CP(L2) CP(L2) CP(L2) CP(L2) 17.103.010

17.103.015
Semi-Transient C
P
C(L1)
P(L1)
C(L1)
P(L1)
C
P

Bed and Breakfast P P P P 17.10.125
Civic Activities
Limited Child-Care
Activities
P(L3) P(L5) P P
Community Assembly C C(L6) C C

Recreational Assembly P(L3)(L4) P(L4)(L5) P P

Commercial Activities

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Activities CBD-R CBD-P CBD-C CBD-X Additional
Regulations
Mechanical or
Electronic Games
— C
P
C
P
C
P

Medical Service P(L4)(L7) P(L5)(L18) P P
Consumer Service P(L4)(L7)
(L9)
P(L4)(L9) P(L9) P(L9)

Consumer Dry
Cleaning Plant
C(L7)
—
C C C

Artisan Production — P P P

Group Assembly C(L7)(L11) P(L4)(L11) P(L11) P(L11)

Personal Instruction
and Improvement
Services
P(L4)(L7) P(L5) P P

Transient Habitation C C(L6) C C 17.103.050
Automobile and Other
Light Vehicle Sales and
Rental
— — C C

Industrial Activities
Custom Manufacturing C(L13) C(L13) C(L13) C(L13)

Light Manufacturing — C(L13) C(L13) C(L13)

General Manufacturing — — — —

Research and
Development
— - P(L5)(L13) C(L13)
P(L5)(L13)
C(L13)
P(L5)(L13)

Limitations on Table 17.58.01:

L2. Residential Care is permitted if located in a One-Family Dwelling Residential Facility; conditionally permitted if located elsewhere (see Chapter 17.134 for the CUP procedure). No Residential Care or Emergency Shelter Residential Activity shall be located closer than three hundred (300) feet from any other such Activity or Facility. See Section 17.103.010 for other regulations regarding Residential Care and Emergency Shelter Residential Activities. See

Page 45 of 74 ends

Section 17.103.010 for other regulations regarding Residential Care Residential Activities, and Sections 17.103.010 and 17.103.015 for other regulations regarding Emergency Shelter Residential Activities. Notwithstanding anything to the contrary contained in the Planning Code, Emergency Shelter Residential Activities are permitted by-right on properties owned by churches, temples, synagogues, and other similar places of worship approved for Community Assembly Civic Activities; permitted upon the granting of a Conditional Use Permit elsewhere in the zone subject to the standards in Section 17.103.010.

L4. With the exception of parcels facing Broadway, Telegraph Avenue, and 14th Street, the total floor area devoted to these activities on the ground floor by any single establishment may only exceed seven thousand five hundred (7,500) ten thousand (10,000) square feet upon the granting of a Cconditional Uuse Ppermit (see Chapter 17.134 for the CUP procedure).

L5. If located both on the ground floor of a building and within thirty (30) feet from any street- abutting property line With the exception of retail bank branches, these activities are only permitted upon the granting of a Cconditional Uuse Ppermit (see Chapter 17.134 for the CUP procedure) when located both on the ground floor of a building and within thirty (30) feet of the principal street frontage. Incidental pedestrian entrances that lead to one of these activities elsewhere in the building are exempted from this Cconditional Uuse Ppermit requirement. In addition to the criteria contained in Section 17.134.050, these conditionally permitted ground floor proposals that are conditionally permitted must also meet each of the following additional criteria:
a. The proposal will not impair a generally continuous wall of building facades; b. The proposal will not weaken the concentration and continuity of retail ground-floor commercial facilities at ground-level, and will not impair the retention or creation of an important shopping frontage; and
c. The proposal will not interfere with the movement of people along an important pedestrian street.

L6. These activities are only permitted upon the granting of a Cconditional Uuse Ppermit (see Chapter 17.134 for the CUP procedure). In addition to the criteria contained in Section

17.134.050, when these activities are located both on the ground floor and within thirty (30) feet of the front of the ground floor of the principal building principal street frontage (with the exception of incidental pedestrian entrances that lead to one of these activities elsewhere in the building), the proposed activities must also meet the criteria contained in Note L5, above.

L7. These activities shall only be located on or below the ground floor of a building with the following two exceptions:
a) Upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP process), an activity is permitted anywhere above the ground floor if tThe floor area devoted to the activity above the ground floor is both: 1) less than or equal to two thousand (2,000) three thousand (3,000) square feet; and 2) a Local Register property; and b) An activity located on the ground floor may extend to the second floor of a building if each:
1) the floor area devoted to Nonresidential Activities in the building is less than the floor area devoted to Residential Activities; 21) the activity on the second floor is the same as, or

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accessory to, the ground floor activity and part of the same business or establishment; and 23) there is a direct internal connection between the ground floor and the second story activities.

L9. See Section 17.102.170 for special regulations relating to massage services and Section

17.102.450 for special regulations relating to laundromats. Also, no new or expanded laundromat shall be located closer than five hundred (500) feet from any existing laundromat.

See Section 17.102.450 for further regulations regarding laundromats.

L13. These activities, including accessory activities, are only allowed to be performed indoors.

This requirement includes, but is not limited to: vehicles stored before and after servicing, general storage, vehicle and other repair, and automotive cleaning. This requirement excludes parking for customers currently at the business and automotive fueling.

L14. Automotive fee parking is permitted upon the granting of Cconditional Uuse Ppermit (see Chapter 17.134 for the CUP procedure) if it is located in either a parking structure that is at least three (3) stories high or in a below grade parking lot. Auto fee parking is otherwise prohibited.

L15. Limited Agriculture is permitted outright if the activity occupies less than one (1) acre five thousand (5,000) square feet of land area and any sales area is less than one thousand (1,000) square feet; conditionally permitted if the activity is larger in either land or sales area (see Chapter 17.134 for the CUP procedure).

L17. Community Gardens are permitted outright if they do not include the livestock production or the cultivation of animals, and/or animal products by agricultural methods, and/or livestock production, except for bee keeping involving no more than three (3) hives. The cultivation of animals, animal products and/or livestock production, except for bee keeping involving no more than three (3) hives, is only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure).

L18. A Medical Service Commercial Activity that is located on the ground floor of a building and occupies either: 1) a street corner space, or 2) an interior lot space with more than thirty- five (35) linear feet of frontage facing the principal street, is only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure).

17.58.050 Permitted and conditionally permitted facilities.

Table 17.58.02 lists the permitted, conditionally permitted, and prohibited facilities in the CBD Zones. The descriptions of these facilities are contained in Chapter 17.10. "P" designates permitted facilities in the corresponding zone. "C" designates facilities that are permitted only upon the granting of a conditional use permit (see Chapter 17.134 for the CUP procedure) in the corresponding zone. "L" designates facilities subject to certain limitations listed at the bottom of the Table. "—" designates facilities that are prohibited.

Table 17.58.02: Permitted and Conditionally Permitted Facilities

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Activities Zones Additional
Regulations

CBD-R CBD-P CBD-C CBD-X
Residential Facilities
One-Family Dwelling —(L1) —(L1) —(L1) —(L1) 17.103.080
Two- to Four-Family Dwelling P(L1) —(L1) —(L1) —(L1) 17.103.080 Multifamily Dwelling P(L1) P(L1) P(L1) P(L1) 17.103.080 Rooming House P P P P

Vehicular P P P P 17.103.080

17.103.085

17.58.070 Usable open space standards.

B. Definitions of CBD usable open space types. The following includes a list of available usable open space types eligible to fulfill the usable space requirements of this Chapter and the definitions of these types of open space:

2. "Public Ground-Floor Level Plaza". Public ground-floor level plazas (plazas) are group usable open space (see Section 17.127.030) located at street-level and adjacent to the building frontage. Plazas are publicly accessible during daylight hours and are maintained by the property owner. Plazas shall be landscaped and include pedestrian and other amenities, such as benches, fountains and special paving.

C. Standards. All required usable open space shall be permanently maintained and shall conform to the following standards:

1. Area. On each lot containing Residential Facilities with a total of two or more dwelling units, excluding any permitted Accessory Dwelling Units, usable open space shall be provided for such facilities at a rate of seventy-five (75) sixty (60) square feet per Regular Dwelling Unit and thirty-eight (38) thirty (30) square feet per Rooming Unit or Efficiency Dwelling Unit.

2. Size and Shape. An area of contiguous space shall be of such size and shape that a rectangle inscribed within it shall have no dimension less than the dimensions shown in the following table:

Table 17.58.05: Required Dimensions of Usable Open Space

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Type of Usable
Open Space
Minimum
Dimension
Notes
Private 10 ft. for space on the ground floor, no dimensional requirement elsewhere.

Public Ground-Floor Level
Plaza
10 ft.

Rooftop 15 ft. 1
Courtyard 15 ft.

4. Location. Required usable open space may be located anywhere on the lot except that not more than fifty percent (50%) of the required area may be located on the uppermost roof of any building. There is no limitation on rooftop open space on rooftop podiums that are not the uppermost roof of a building.

5. Usability. A surface shall be provided which prevents dust and allows convenient use for outdoor activities. Such surface shall be any practicable combination of lawn, garden, flagstone, wood planking, concrete, asphalt or other serviceable, dust-free surfacing. Slope shall not exceed ten percent (10%). Off-street parking and loading areas, driveways, and service areas shall not be counted as usable open space. Adequate safety railings or other protective devices shall be erected whenever necessary for space on a roof, but shall not be more than four (4) feet high the minimum height required by the Oakland Building Code.

6. Accessibility. Usable open space, other than private usable open space, shall be accessible to all the living units on the lot. It shall be served by any stairway or other accessway qualifying under the Oakland Building Code as an egress facility from a habitable room. Private usable open space may be located anywhere on the lot. except that ground-level space shall not be located in a required minimum front yard and except that above-ground-level space shall not be located within five (5) feet of an interior side lot line. Above-ground-level space may be counted even though it projects beyond a street line. All private usable open space shall be adjacent to, and not more than four (4) feet above or below the floor level of, the living unit served. Private usable open space shall be accessible to only one living unit by a doorway to a habitable room or hallway.

D. Landscaping requirements. At least fifty percent (50%) ten percent (10%) of rooftop, or courtyard, or ground-level plaza usable open space area shall include landscaping enhancements. At least thirty percent (30%) of public ground floor plaza shall include landscaping enhancements. Landscaping enhancements shall consist of permanent features, such as trees, shrubbery, decorative planting containers, fountains, boulders or artwork (sculptures, etc.) The remainder of the space shall include user amenities such as seating, decorative paving, sidewalk cafes, or playground structures.

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Chapter 17.65 HBX HOUSING AND BUSINESS MIX COMMERCIAL ZONES REGULATIONS

17.65.030 Permitted, conditionally permitted, and prohibited activities.

Table 17.65.01: Permitted, Conditionally Permitted, and Prohibited Activities Activity Regulations Additional
Regulations
HBX-1 HBX-2 HBX-3 HBX-4
Residential Activities
Permanent Residential P P P P 17.65.040
Residential Care P(L1) P(L1) P(L1) P(L1) 17.103.010
Supportive Housing P P P P

Transitional Housing P P P P

Emergency Shelter PC(L1)(L2
)(L6)
P(L1)(L2)
(L6)
PC(L1)(L2)
(L6)
PC(L1)(L2)(
L6)

17.103.010

17.103.015
Semi-Transient Residential C
P
C
P
C
P
C
P

17.103.010
Bed and Breakfast — — — C 17.102.125
Civic Activities
Nonassembly Cultural P(L3)(L4) P(L4) P(L4) P(L4)

Administrative P(L3)(L4) P(L4) P(L4) P(L4)

Health Care C C C C

Extensive Impact C C C C 17.102.440
Commercial Activities
Medical Service P(L3)(L4) P(L4) P(L4) P(L4)

General Retail Sales P(L3) P(L4) P(L4) P(L4)

Consumer Service P(L3)(L7) P(L7) P(L7) P(L7)

Consultative and Financial
Service
P(L3)(L4) P(L4) P(L4) P(L4)

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Consumer Dry Cleaning
Plant
C
—
C C C

Personal Instruction and
Improvement Services
C C
P
C
P
P

Administrative P(L3)(L4) P(L4) P(L4) P(L4)

Business, Communication,
and Media Service
P(L5) P P P

Broadcasting and
Recording Service
P(L5) P P P

Research Service P(L3)(L4)
(L9)
P(L4)(L9) P(L4)(L9) P(L4)(L9)

General Wholesale Sales P(L5)(L4) P(L4) P(L4) P(L4)

Building Material Sales P(L9)(L10)
—
P(L9)(L10) P(L9)(L10) P(L9)(L10)

Automotive and Other Light
Vehicle Repair and Cleaning
—(L11) — — C(L9)
—

Taxi and Light Fleet-Based
Service
C
—
C C C

Industrial Activities
Custom Manufacturing P(L3)(L9)
(L4)(L17)
P(L3)(L9)
(L4)(L17)
P(L3)(L9)
(L4)(L17)
P(L4)(L9)
(L17)

17.120
Light Manufacturing P(L3)(L4)
(L9)(L17)
P(L3)(L4)
(L9)(L17)
P(L3)(L4)
(L9)(L17)
P(L4)(L9)
(L17)

17.120
General Manufacturing — — — —P(L3)(L9)

Heavy/High Impact
Manufacturing
— — — —

Research and Development P(L3)(L4)(
L9)
P(L3)(L4)(
L9)
P(L3)(L4)(L
9)
P(L4)(L9)

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Construction Operations —
P(L9)(L10)

CP(L9)(L1
0)
CP(L9)(L10
)
CP(L9)(L10)

Warehousing, Storage and Distribution-Related
A. General Warehousing,
Storage and Distribution
CP(L3)(L9
)(L10)
P(L3)(L9) P(L3)(L9) P(L3)(L4)(L
9)

B. General Outdoor
Storage
— C C(L15) C(L15) C(L15)

C. Self- or Mini-Storage — C(L12) C(L12) C(L12) C(L12)

D. Container Storage — — — —

E. Salvage/Junk Yards — — — —

Limitations on Table 17.65.01:

L1. See Section 17.103.010 for other regulations regarding Residential Care Residential Activities, and Sections 17.103.010 and 17.103.015 for other regulations regarding Emergency Shelter Residential Activities. Residential Care is permitted if located in a One-Family Dwelling Residential Facility; conditionally permitted if located elsewhere (see Chapter 17.134 for the CUP procedure). No Residential Care or Emergency Shelter Residential Activity shall be located closer than three hundred (300) feet from any other such Activity or Facility. See Section

17.103.010 for other regulations regarding Residential Care and Emergency Shelter Residential Activities.

L2. Emergency shelters are permitted by-right on properties owned by churches, temples, synagogues, and other similar places of worship approved for Community Assembly Civic Activities; and within the portion of the East 12th Street corridor described in Section

17.103.015(A)(6) and subject to the development standards in Section 17.103.015(B); permitted upon the granting of a Conditional Use Permit elsewhere in the zone subject to subject to the standards in Section 17.103.010. Limitation L1 above.

L3. Except for the HBX-1 zoned area near Lowell Street, tThe total floor area devoted to these activities on any single lot shall only exceed ten thousand (10,000) square feet upon the granting of a Cconditional Uuse Ppermit (CUP) (see Chapter 17.134 for the CUP procedure).

For the HBX-1 zoned area near Lowell Street, the total floor area devoted to these activities on any single lot shall only exceed five thousand (5,000) square feet upon the granting of a Conditional Use Permit (CUP) (see Chapter 17.134 for the CUP procedure).

L4. The total floor area devoted to these activities on any single lot shall only exceed twenty- five thousand (25,000) square feet upon the granting of a Cconditional Uuse Ppermit (see Chapter 17.134 for the CUP procedure).

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L5. The total floor area devoted to a Full-Service or Limited-Service Restaurant Commercial Activity these activities on any single lot shall only exceed three thousand (3,000) square feet upon the granting of a Cconditional Uuse Ppermit (see Chapter 17.134 for the CUP procedure).

L7. See Section 17.102.170 for special regulations relating to massage services and Section

17.102.450 for special regulations relating to laundromats. Also, no new or expanded laundromat shall be located closer than five hundred (500) feet from any existing laundromat.

See Section 17.102.450 for further regulations regarding laundromats.

L9. Not including accessory activities, this activity shall take place entirely within an enclosed building. Other outdoor principal activities shall only be permitted upon the granting of a Cconditional Uuse Ppermit (see Chapter 17.134 for the CUP procedure).

L10. This activity shall only permitted upon the granting of a Cconditional Uuse Ppermit (see Chapter 17.134 for the CUP procedure). if it is on a lot that is more than twenty-five thousand (25,000) square feet, or covers more than twenty-five thousand (25,000) square feet of lot area.

L11. Except for the HBX-1 zoned area near on Lowell Street, a nonconforming Automobile and Other Light Vehicle Gas Station and Servicing or Automotive and Other Light Vehicle Repair and Cleaning Commercial Activity in the HBX-1 Zone may be extended, and the facilities accommodating or serving such activity may be altered or otherwise changed upon the granting of a Cconditional Uuse Ppermit (see Chapter 17.134) and approval pursuant to the Regular Ddesign Rreview procedure (see Chapter 17.136). This Cconditional Uuse Ppermit and Regular Ddesign Rreview approval may be granted only upon determination that the proposal is adequately buffered from the street and surrounding Residential Activities through landscaping and fencing. See Chapter Section 17.114 for general regulations regarding nonconforming uses.

L12. All facilities containing Self- or Mini-Storage activities shall meet the following requirements:
a1. No more than twenty percent (20%) of the total floor area on a lot shall be occupied by facilities containing Self- or Mini-Storage activities. b2. No facility that includes a Self- or Mini-Storage Activity shall be within the front twenty (20) feet of a building.
c3. Projects that include self-storage establishments shall have a minimum fifty percent (50%) of lot frontage occupied by Convenience Sales and Service, General Food Sales, General Retail Sales, and/or General Personal Service Commercial Activities on the ground floor. These ground floor commercial activities that are shall not be directly associated with the self-storage establishment at the site.

L13. Limited Agriculture is permitted outright if the activity occupies less than twenty thousand (20,000) square feet one (1) acre of land area and any on-site sales occur no more than two (2) times per week between the hours of 8:00 am and 9:00 pm in a temporary movable structure not exceeding two hundred (200) square feet in size; conditionally permitted if the activity is larger in either land area, or in sales area, frequency, or hours of operation (see Chapter 17.134 for the CUP procedure).

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L15. These activities are prohibited when located within six hundred (600) feet of a Residential Zone. When not within six hundred (600) feet of a Residential Zone, tThese activities are only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure). if located in the West Oakland District (defined for the purposes of this Chapter as all areas between Interstate 980 to the east, Interstate 880 to the south and west, and Interstate 580 to the north)
L16. Community Gardens are permitted outright if they do not include any livestock production or the cultivation of animals and/or, animal products by agricultural methods, and/or livestock production, except for bee keeping involving no more than three (3) hives. The cultivation of animals, animal products and/or livestock production, except for bee keeping involving no more than three (3) hives, is only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure).

L17. Commercial kitchen operations that include the retail sale, from the premises, of any type of prepared food or beverage where orders are placed predominantly online or by telephone or mail order, and delivery to customers is provided by motor vehicle shall only be permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure).

17.65.040 Permitted and conditionally permitted facilities.

Table 17.65.02: Permitted and Conditionally Permitted Facilities Facility Types Zones Additional
Regulations
HBX-
1 HBX-2 HBX-3 HBX-4
Residential Facilities
One-Family Dwellings P(L4) P(L3)(L4) P(L3)(L4) C(L3)(L4) 17.103.080 Two- to Four-Family Dwelling P(L4) P(L4) P(L4) C(L4) 17.103.080 Multifamily Dwelling P(L4) P(L4) P(L4) C(L4) 17.103.080 Rooming House P P P C

Vehicular P P(L3) P(L3) C(L3) 17.103.080

17.103.085
Live/Work P P P P 17.65.160

Limitation on Table 17.65.02:

L3. In the HBX -2, HBX-3, and HBX -4 Zones, new construction on a vacant lot that is greater than five thousand (5,000) square feet shall only result in a total of one (1) unit on the lot upon

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the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure). However, this requirement shall not apply to the expansion of the floor area or other alteration of an existing One-Family Dwelling.

17.65.060 Minimum lot area width and frontage.

The following table contains the minimum lot area, width, and frontage requirements for the zones in this Chapter.

Standard Zones
HBX-1 HBX-2 HBX-3 HBX-4
Minimum lot area 2,500 sf.
4,000 sf.
2,500 sf.
4,000 sf.
2,500 sf.
4,000 sf.
3,500 sf.
4,000 sf.

Minimum lot width mean 25 35 ft. 25 35 ft. 25 35 ft. 35 ft.

Minimum lot
frontage
25 35 ft. 25 35 ft. 25 35 ft. 35 ft.

17.65.070 Maximum density.

The following table contains the maximum number of living units allowed per lot for the zones in this Chapter.

Living Unit
Type
Zone
HBX-1 HBX-2 HBX-3 HBX-4
Regular
Dwelling Unit
1,000 sf. of lot
area per unit
800 sf. 930 sf. of
lot area per unit
700 sf. 730 sf. of lot
area per unit
700 sf. 800 sf. of lot
area per unit
Rooming Unit 500 sf. of lot
area per unit
400 sf. 465 sf. of
lot area per unit
350 sf. 365 sf. of lot
area per unit
350 sf. 400 sf. of lot
area per unit
Efficiency
Dwelling Unit
500 sf. of lot
area per unit
400 sf. 465 sf. of
lot area per unit
350 sf. 365 sf. of lot
area per unit
350 sf. 400 sf. of lot
area per unit

17.65.080 Maximum Ffloor Aarea Rratio.

A. The following table contains the maximum Floor Area Ratios (FARs) for all structures for the zones in this Chapter.

Standard Zone

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HBX-1 HBX-2 HBX-3 HBX-4
Maximum
Floor Area
Ratio
(FAR)

1.5 1.75

2.5 when the lot
abuts a street right-
of-way that is less
than 80 ft. wide; 3.0
otherwise.

2.5 permitted; 3.0 may
be allowed upon the
granting of a
Cconditional Uuse
Ppermit.

Notes:

3. A Cconditional Uuse Ppermit for an FAR of up to 3.0 in the HBX-3 and HBX-4 Zones may only be granted upon determination that the proposal conforms to the general use permit criteria set forth in the Cconditional Uuse Ppermit procedure in Chapter 17.134 and to the following additional use permit criteria:
a. That the scale of buildings is reduced through the articulation and massing of street facing façades into a series of smaller forms.
b. That the additional Floor Area Ratio does not significantly decrease the solar access of existing adjacent single family homes or duplexes to a degree greater than would be created if the facility were built according to the base FAR.

B. The following table contains the maximum Floor Area Ratios (FARs) for Nonresidential Facilities for the zones in this Chapter.

Standard Zone
HBX-1 HBX-2 HBX-3 HBX-4
Nonresidential FAR 1.5 1.75 2.5 3.0 2.5 1.0 2.5

17.65.100 Maximum height.

A. The following table contains the maximum heights for the zones in this Chapter.

Standard Zone
HBX-1 HBX-2 HBX-3 HBX-4
Maximum
height
35 ft. 45 ft. when the lot abuts a
street right-of-way that is less
than 80 ft. wide; 55 ft. when
the lot abuts a street right-of-
way that is 80 ft. wide or
more.
55 ft. 55 ft.

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Notes:

1. Buildings shall have a thirty (30) foot maximum height at the setback line associated with any rear or interior side lot line that abut a lot in a RH, RD, or RM Residential Zone. If the principal building on the abutting lot has a height of thirty (30) feet or less, tThis maximum height shall increase one (1) foot for every foot of distance from this setback line. If the principal building on the abutting lot has a height of greater than thirty (30) feet, the maximum height shall increase two (2) feet for every foot away from this setback line. This increase in allowable height shall not exceed the maximum height allowed in the zone. Also, see Section 17.108.030 for allowed projections above height limits and Section 17.108.020 for increased height limits in certain situations.

2. See Subsection (B) for situations when exceeding these maximum heights may be permitted.

3. On Lowell Street, any building height over thirty (30) feet requires the granting of a conditional use permit (see Chapter 17.134).
_____
B. Structures that are: 1) on lots adjacent to, or directly across the street from a freeway right-of-way or Bay Area Rapid Transit (BART) right-of-way that contains above-ground tracks; and 2) located within the closest one hundred twenty-five (125) feet of the lot from the freeway or BART right-of-way are eligible for a ninety-five (95) seventy five (75) foot height limit. This additional height is permitted only upon the granting of a Cconditional Uuse Ppermit (see Chapter 17.134) and approval pursuant to the Regular design review procedure (see Chapter

17.136) and in conformance with the "Design Guidelines for the HBX Zones" as a whole. In particular, the project shall conform to Guideline 4.6 of that document.

17.65.110 Minimum yards and courts.

Minimum yards shall be consistent with the adopted "Design Guidelines for the HBX Zones". as adopted by the City Council.

D. When the rear yard of a reversed corner lot abuts a key lot that is in an RH, RD, or RM Zone, the required street side yard setback in the rear ten (10) feet of the reversed corner lot is one-half (½) of the minimum front yard required on the key lot, but shall not be required to exceed four (4) feet in width if it would reduce to less than twenty-five (25) feet the buildable width of any corner lot. When the rear yard of a reversed corner lot abuts a key lot that is in a Residential Zone, the required street side yard width of the reversed corner lot is one-half (½) of the minimum front yard depth required on the key lot (see illustration 1-12a).

17.65.120 Minimum usable open space.

The following table contains the minimum usable open space requirements per dwelling unit for the zones in this Chapter.

Zone
HBX-1 HBX-2 HBX-3 HBX-4
100 200 sf./unit 100 150 sf./unit 100 150 sf./unit 100 sf./unit

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17.65.130 Landscaping, paving, and buffering.

A. Submittal and approval of a landscaping and buffering plan for the entire site is required for the establishment of a new building facility (see Section 17.09.040 for definition), excluding any permitted Accessory Dwelling Units, and for additions to existing building facilities of over one thousand (1,000) five hundred (500) square feet.

17.65.150 Special regulations for HBX Work/Live units.

E. Each new HBX Work/Live unit shall qualify as at least one of the following Unit Types:

Unit
Type
Maximum
residential floor
area (percent of
total floor area)
Special requirements Separation between
residential and
nonresidential floor area
Type
1 One-third In the HBX-4 Zone, all remaining
floor area to be used for the primary
Nonresidential Activity.

Nonresidential floor area and
residential floor area shall be
located on separate floors
(including mezzanines), or be
separated by an interior wall
(see Note 1, below, for an
exception for kitchens).

Type
2 45 percent There must be two entrances into
the ground floor units - one adjacent
to the residential space and the
other adjacent to the nonresidential
space; the nonresidential ground
floor entrance must be clearly
designated as a business entrance
separate from the residential
entrance and be directly accessible
by the public.

Type
3 55 percent 1. The majority of the nonresidential
floor area for the ground floor units
must be at a public street level and
directly accessible to the street; and

2. The ground floor units must have
a clearly designated business
entrance.

Notes:

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1. In Types 1, 2, and 3, a kitchen may be open to nonresidential floor area if it is adjacent to and directly accessible from residential floor area or stairs that lead to residential floor area.

Counters, cabinets, sink and appliances and the floor area that is four (4) feet in front of these items shall be considered residential floor area.

2. Except as indicated for the HBX-4 Zone, see Section 17.102.190 for regulations regarding converting facilities originally designed for industrial or commercial occupancy to Jjoint Lliving and Wworking Qquarters.

L. Regular Design Review requirement. Criteria. Establishment of an HBX Work/Live unit shall conform to the design review criteria set forth in Chapter 17.136, and if Regular Design Review is applicable, to all of the following additional criteria: Regular design review approval for HBX Work/Live units may be granted only upon determination that the proposal conforms to the Regular design review criteria set forth in the design review procedure in Chapter 17.136 and to all of the following additional criteria:

17.65.140 Outdoor storage.

The outdoor storage of materials shall not exceed sixteen (16) feet in height on a lot. Further, outdoor storage may not be higher than eight (8) feet if both: 1) the storage is within fifteen (15) feet from any property line of a lot containing Residential Activities, and 2) the storage faces any windows of a Residential Facility. Outdoor storage may also not be higher than eight (8) feet if it is within fifteen (15) feet from the front property line. The height of all outdoor storage shall also be restricted according to the Fire Code regulations. Sites with outdoor storage shall be screened in conformance with to the adopted "Design Guidelines for the HBX Zones" . as adopted by the City Council.

17.65.160 Special regulations for HBX Live/Work units.

D. Activity, parking, bicycle parking, loading, open space, and unit size standards. The following table contains the activities allowed in an HBX Live/Work unit, required off-street auto parking, required bicycle parking, the minimum size of an HBX Live/Work unit, and the loading and open space for each HBX Live/Work unit:

Standard Requirement Note
Activities
allowed in an
HBX Live/Work
unit
Same permitted and conditionally permitted activities as described in Section 17.65.030 and any activity that would qualify as a home occupation in a Residential Facility (See Chapter 17.112)

Required
parking
See Chapter 17.116 One (1) parking space per unit 1, 4
Required
bicycle parking
With private garage for
each unit:

Without private garage for each unit: 2, 4

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Standard Requirement Note
One (1) short-term space
for each 20 units;
minimum requirement is
two (2) short-term
spaces.

One (1) long-term space for each four (4)
units; minimum requirement is two (2) long-
term spaces. One (1) short-term space for
each 20 units; minimum requirement is two
(2) short-term spaces.

Required
loading
Square feet of facility Requirement 3, 4
Less than 50,000 square
feet
No berth required
50,000—149,999 square
feet
One (1) berth
150,000 square feet or
more —299,999 square
feet
Two (2) berths
300,000 square feet or
more
Three (3) berths
Permitted
density
Same as Section 17.65.070

Required
usable open
space
Same as Section 17.65.120 17.65.130

Notes:

1. See Chapter 17.116 for other off-street parking standards.

2. See Chapter 17.117 for other bicycle parking standards.

3. Chapter 17.116 contains other off-street loading standards. However, for new construction, the minimum height or length of a required berth listed in Chapter 17.116 may be reduced upon the granting of Regular Ddesign Rreview approval (see Chapter 17.136), and upon determination that such smaller dimensions are ample for the size and type of trucks or goods that will be foreseeably involved in the loading operations of the activity served. This design review requirement shall supersede the requirement for a Conditional Use Permit stated in Section 17.116.220.

4. Parking and loading standards shall apply to new construction and additions only. No additional parking or loading is required for HBX Live/Work units within an existing building. For conversion of existing buildings, maintaining the amount of existing parking and loading is

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required to at least these minimum standards. If there is more parking or loading spaces on the lot than required, then each can be reduced to the minimum required.

E. The amount of floor area in an HBX Llive/Wwork unit designated for and devoted to residential is not restricted.

F. Any building permit plans for the construction of HBX Llive/Wwork units shall: (1) clearly state that the proposal includes live/work facilities, and (2) label the units intended to be live/work units. This requirement is to assure the City applies building codes appropriate for a live/work facility.

H. Each building with an HBX Llive/Wwork unit shall contain a sign that: (1) is permanently posted; (2) is at a common location where it can be frequently seen by all tenants such as a mailbox, lobby, or entrance area; (3) is made of durable material; and (4) has a minimum dimension of nine by eleven inches and lettering at least one-half an inch tall. This sign shall contain the following language: "This development contains Llive/Wwork units. As such, please anticipate the possibility of odors, truck traffic, noise or other impacts at levels and hours that residents may find disturbing".

J. Regular Design Review requirement. Criteria. Establishment of an HBX Work/Live unit shall conform to the design review criteria set forth in Chapter 17.136, and if Regular Design Review is applicable, to all of the following additional criteria: Regular design review approval for HBX Live/Work units may be granted only upon determination that the proposal conforms to the Regular design review criteria set forth in the design review procedure in Chapter 17.136 and to all of the following additional criteria:

17.65.170 Special regulations for Planned Unit Developments.

A. Mini-Lot Planned Unit Developments. In Mini-Lot Planned Unit Developments (Mini- Lot PUDs), certain regulations otherwise applying to individual lots in the HBX Zones may be waived or modified when and as prescribed in Chapter 17.142.

AB. Planned Unit Developments. Large integrated developments in the HBX Zones shall be subject to the Planned Unit Development (PUD) regulations in Chapter 17.142 if they exceed the sizes specified therein. In developments which are approved pursuant to said regulations, certain uses may be permitted in addition to those otherwise allowed in the HBX Zones, and certain of the other regulations applying in said zones may be waived or modified. The normally required design review process may also be waived for developments at the time of initial granting of a Planned Unit Development (PUD) permit. Unless otherwise specified in the PUD permit, any future changes within the Planned Unit Development shall be subject to applicable design review regulations.

17.65.180 Other zoning provisions.

C. Home Occupations. Home occupations shall be subject to the applicable provisions of the home occupation regulations in Chapter 17.112. See Section 17.112.060 for home occupation regulations specific to the West Oakland Specific Plan Area.

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Chapter 17.74 S-1 MEDICAL CENTER COMMERCIAL ZONE REGULATIONS

17.74.030 Permitted activities.

The following activities, as described in the use classifications in Chapter 17.10, are permitted:

A. Residential Activities:

Permanent
Residential Care occupying a One-Family Dwelling Residential Facility Supportive Housing
Transitional Housing
Semi-Transient
Emergency Shelter (Emergency Shelters are permitted by-right on properties owned by churches, temples, synagogues, and other similar places of worship approved for Community Assembly Civic Activities; and within those portions of the Martin Luther King Jr. Way corridor and Webster Street area described in Section 17.103.015(A)(1)(3) respectively and subject to the development standards in Section 17.103.015(B); permitted upon the granting of a Conditional Use Permit elsewhere in the zone subject to the standards in Section 17.103.010.) B. Civic Activities:

Essential Service (Community Gardens are permitted outright if they do not include any livestock production or the cultivation of animals and/or, animal products by agricultural methods, and/or livestock production, except for bee keeping involving no more than three (3) hives. The cultivation of animals, animal products and/or livestock production, except for bee keeping involving no more than three (3) hives, is only permitted upon the granting of a Conditional Use Permit - see Chapter 17.134 for the CUP procedure) Limited Child-Care
Community Assembly
Recreational Assembly
Community Education
Nonassembly Cultural
Administrative
Health Care
C. Commercial Activities:

General Food Sales
Full Service Restaurant
Limited-Service Restaurant and Cafe
General Retail Sales

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Consumer Service - (see Section 17.102.170 for special regulations relating to massage services)
Consumer Cleaning and Repair Service
Consultative and Financial Service
Medical Service
Group Assembly - but only if the total floor area devoted to these activities on any single lot does not exceed five thousand (5,000) square feet; conditionally permitted if the activity is larger in floor area (see Chapter 17.134 for the CUP procedure). No new or expanded Adult Entertainment Activity shall be located closer than one thousand (1,000) feet to the boundary of any Residential Zone or three hundred (300) feet from any other Adult Entertainment Activity.

See Section 17.102.160 for further regulations regarding Adult Entertainment Activities Personal Instruction and Improvement Services
Business, Communication, and Media Service
Administrative
D. Agricultural and Extractive Activities:

17.74.040 Conditionally permitted activities.

The following activities, as described in the use classifications in Chapter 17.10, may be permitted upon the granting of a Cconditional Uuse Ppermit pursuant to the Cconditional Uuse Ppermit procedure in Chapter 17.134:

A. Residential Activities:

Residential Care, except when occupying a One-Family Dwelling Residential Facility Emergency Shelter
AB. Civic Activities:

Administrative
Utility and Vehicular
Community Education
Special Health Care Civic Activities (see Section 17.103.020) BC. Commercial Activities:

General Food Sales
Full Service Restaurant
Limited Service Restaurant and Cafe
Fast Food Restaurant

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Convenience Market
Alcoholic Beverage Sales
Consumer Service (see Section 17.102.170 for special regulations relating to massage services and Section 17.102.450 for special regulations related to laundromats) Consultative and Financial Service
Group Assembly
Personal Instruction and Improvement Services
Administrative
Business, Communication, and Media Service
Broadcasting and Recording Service
Research Service
Automotive Fee Parking (see Section 17.103.055 for Automotive Fee Parking on a lot containing a principal activity in a principal facility) Animal Care
Animal Boarding
CD. Agricultural and Extractive Activities:

Extensive Agriculture (see Section 17.74.075)
DE. Off-street parking serving activities other than those listed above or in Section

17.74.030, subject to the conditions set forth in Section 17.116.075.

EF. Activities that are listed neither as permitted nor conditionally permitted, but are permitted or conditionally permitted on nearby lots in an adjacent zone, subject to the conditions set forth in Section 17.102.110

17.74.050 Permitted facilities.

The following facilities, as described in the use classifications in Chapter 17.10, are permitted.

See Section 17.103.080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units:

A. Residential Facilities:

One-Family Dwelling
Two- to Four-Family Dwelling
Multifamily Dwelling
Rooming House
Vehicular

17.74.120 Maximum residential density.

The maximum density of Residential Facilities shall be as set forth below, subject to the provisions of Section 17.106.030 with respect to maximum density on lots containing both

Page 64 of 74 ends

Residential and Nonresidential Facilities. Also applicable are the provisions of Section

17.102.270 with respect to additional kitchens for a dwelling unit, and the provisions of Section

A. Permitted Density.

1. In the case of a Residential Facility with more than four (4) stories containing living units, subject to the provisions of Section 17.106.040;

2. Upon the acquisition of development rights from nearby lots, subject to the provisions of Section 17.106.050.

17.74.160 Minimum usable open space.

On each lot containing Residential Facilities with a total of two or more dwelling units, excluding any permitted Accessory Dwelling Units, group usable open space shall be provided for such facilities in the minimum amount of seventy-five (75) one hundred fifty (150) square feet per Regular Dwelling Unit, plus thirty-eight (38) seventy-five (75) square feet per Rooming Unit or Efficiency Dwelling Unit. Private usable open space may be substituted for such group space in the ratio prescribed in Section 17.126.020. All required space shall conform to the standards for required usable open space in Chapter 17.126.

17.74.180 Special regulations for Planned Unit Developments.

A. Mini-Lot Planned Unit Developments. In Mini-Lot Planned Unit Developments (Mini- Lot PUDs), certain of the regulations otherwise applying to individual lots in the S-1 Zone may be waived or modified when and as prescribed in Chapter 17.142.

AB. Planned Unit Developments. Large integrated developments shall be subject to the Planned Unit Development (PUD) regulations in Chapter 17.142 if they exceed the sizes specified therein. In developments which are approved pursuant to said regulations, certain uses may be permitted in addition to those otherwise allowed in the S-1 Zone, and certain of the other regulations applying in said zone may be waived or modified. The normally required design review process may also be waived for developments at the time of initial granting of a Planned Unit Development (PUD) permit. Unless otherwise specified in the PUD permit, any future changes within the Planned Unit Development shall be subject to applicable design review regulations.

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Chapter 17.76 S-2 CIVIC CENTER COMMERCIAL ZONE REGULATIONS

17.76.050 Permitted activities.

The following activities, as described in the use classifications in Chapter 17.10, are permitted:

A. Residential Activities:

Essential Service (Community Gardens are permitted outright if they do not include any livestock production or the cultivation of animals and/or, animal products by agricultural methods, and/or livestock production, except for bee keeping involving no more than three (3) hives). The cultivation of animals, animal products and/or livestock production, except for bee keeping involving no more than three (3) hives, is only permitted upon the granting of a Conditional Use Permit - see Chapter 17.134 for the CUP procedure) Limited Child-Care
Community Assembly
Recreational Assembly
Community Education
Nonassembly Cultural
Administrative
C. Commercial Activities:

General Food Sales
Full Service Restaurant
Limited Service Restaurant and Cafe
General Retail Sales
Consumer Service (see Section 17.102.170 for special regulations relating to massage services)
Consumer Cleaning and Repair Service

Page 66 of 74 ends

Group Assembly - but only if the total floor area devoted to these activities on any single lot does not exceed five thousand (5,000) square feet; conditionally permitted if the activity is larger in floor area (see Chapter 17.134 for the CUP procedure). No new or expanded Adult Entertainment Activity shall be located closer than one thousand (1,000) feet to the boundary of any Residential Zone or three hundred (300) feet from any other Adult Entertainment Activity.

See Section 17.102.160 for further regulations regarding Adult Entertainment Activities Personal Instruction and Improvement Services
Medical Service
Consultative and Financial Service
Administrative
Business, Communication, and Media Service
Broadcasting and Recording Service
Research Service
D. Agricultural and Extractive Activities:

17.76.060 Conditionally permitted activities.

A. Residential Activities:

Residential Care, except when occupying a One-Family Dwelling Residential Facility Emergency Shelter
AB. Civic Activities:

Health Care
Utility and Vehicular
Extensive Impact
BC. Commercial Activities:

General Food Sales
Full Service Restaurant
Limited Service Restaurant and Cafe
Fast-Food Restaurant
Convenience Market

Page 67 of 74 ends

Alcoholic Beverage Sales
General Retail Sales
Consumer Service (see Section 17.102.170 for special regulations relating to massage services and Section 17.102.450 for special regulations related to laundromats) Consumer Cleaning and Repair Service
Consumer Dry Cleaning Plant
Group Assembly
Personal Instruction and Improvement Services
Business, Communication, and Media Service
Broadcasting and Recording Service
Research Service
Transient Habitation (see Section 17.103.050)
Automobile and Other Light Vehicle Gas Station and Servicing Automotive Fee Parking (see Section 17.103.055 for Automotive Fee Parking on parcels containing a principal activity in a principal facility) CD. Agricultural and Extractive Activities:

Extensive Agriculture (see Section 17.76.095)
DE. Off-street parking serving activities other than those listed above or in Section

17.76.050, subject to the conditions set forth in Section 17.116.075.

EF. Activities that are listed neither as permitted nor conditionally permitted but are permitted or conditionally permitted on nearby lots in an adjacent zone, subject to the conditions set forth in Section 17.102.110

17.76.070 Permitted facilities.

The following facilities, as described in the use classifications in Chapter 17.10, are permitted.

See Section 17.103.080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units:

A. Residential Facilities:

One-Family Dwelling
Two- to Four-Family Dwelling
Multifamily Dwelling
Rooming House
Vehicular

17.76.140 Maximum residential density.

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17.102.270 with respect to additional kitchens for a dwelling unit, and the provisions of Section

17.102.300 with respect to dwelling units with five (5) or more bedrooms. No residential facility shall be permitted to have both an additional kitchen as provided for in Section 17.102.270.B and a Secondary Unit.

A. Permitted Density.

1. Regular Dwelling Units. One (1) Regular Dwelling Unit is permitted for each three hundred (300) square feet of lot area, provided that one extra such unit is permitted if a remainder of two hundred (200) square feet or more is obtained after division of the lot area by three hundred (300) square feet.

2. Efficiency Dwelling Units. One (1) Efficiency Dwelling Unit is permitted for each one hundred fifty (150) square feet of lot area, provided that one extra such unit is permitted if a remainder of one hundred (100) square feet or more is obtained after division of the lot area by one hundred fifty (150) square feet.

3. Rooming Units. One (1) Rooming Unit is permitted for each one hundred fifty (150) square feet of lot area, provided that one extra such unit is permitted if a remainder of one hundred (100) square feet or more is obtained after division of the lot area by one hundred fifty (150) square feet.

4. Combination of different types of living units. For a combination of different types of living units, the total required lot area shall be the sum of the above requirements for each. The number of living units permitted heretofore may be exceeded by ten percent (10%) on any corner lot, and may also be exceeded by ten percent (10%) on any lot which faces or abuts a public park at least as wide as the lot.

1. In the case of a Residential Facility with more than four (4) stories containing living units, subject to the provisions of Section 17.106.040;

2. Upon the acquisition of development rights from nearby lots, subject to the provisions of Section 17.106.050.

The number of living units may also be increased, as prescribed in Section 17.106.060, in certain special housing.

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17.76.180 Minimum usable open space.

On each lot containing Residential Facilities with a total of two (2) or more dwelling units, excluding any permitted Accessory Dwelling Units, group usable open space shall be provided for such facilities in the minimum amount of seventy-five (75) one hundred fifty (150) square feet per Regular Dwelling Unit, plus thirty-eight (38) seventy-five (75) square feet per Rooming Unit or Efficiency Dwelling Unit. Private usable open space may be substituted for such group space in the ratio prescribed in Section 17.126.020. All required space shall conform to the standards for required usable open space in Chapter 17.126.

17.76.200 Special regulations for Planned Unit Developments and large-scale developments.

A. Mini-Lot Planned Unit Developments. In Mini-Lot Planned Unit Developments (Mini- Lot PUDs), certain of the regulations otherwise applying to individual lots in the S-2 Zone may be waived or modified when and as prescribed in Chapter 17.142.

AB. Planned Unit Developments. Large integrated developments shall be subject to the Planned Unit Development (PUD) regulations in Chapter 17.142 if they exceed the sizes specified therein. In developments which are approved pursuant to said regulations, certain uses may be permitted in addition to those otherwise allowed in the S-2 Zone, and certain of the other regulations applying in said zone may be waived or modified. The normally required design review process may also be waived for developments at the time of initial granting of a Planned Unit Development (PUD) permit. Unless otherwise specified in the PUD permit, any future changes within the Planned Unit Development shall be subject to applicable design review regulations.

BC. Large-Scale Developments. No development which involves more than one hundred thousand (100,000) square feet of new floor area, or a new building or portion thereof of more than one hundred twenty (120) feet in height, shall be permitted except upon the granting of a Cconditional Uuse Ppermit pursuant to the Cconditional Uuse Ppermit procedure in Chapter

17.134. This requirement shall not apply to developments that include one hundred percent (100%) affordable housing units or where a valid Planned Unit Development permit is in effect.

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Chapter 17.78 S-3 RESEARCH CENTER COMMERCIAL ZONE REGULATIONS

17.78.010 Title, purpose, and applicability.

The provisions of this Chapter shall be known as the S-3 Research Center Commercial Zone Regulations. The Research Center (S-3) Zone is intended to create, preserve, and enhance areas devoted primarily to conference, research, administrative, and recreational activities in attractive surroundings conducive to such pursuits, and is typically appropriate to relatively secluded locations. These regulations shall apply in the S-3 Zone.

17.78.030 Permitted activities.

The following activities, as described in the use classifications in Chapter 17.10, are permitted:

A. Residential Activities:

Permanent
Residential Care
Supportive Housing
Transitional Housing
Semi-Transient
Emergency Shelter (Emergency Shelters are permitted by-right on properties owned by churches, temples, synagogues, and other similar places of worship approved for Community Assembly Civic Activities; permitted upon the granting of a Conditional Use Permit elsewhere in the zone subject to the standards in Section 17.103.010) BA. Civic Activities:

Essential Service (Community Gardens are permitted outright if they do not include any livestock production or the cultivation of animals and/or, animal products by agricultural methods, and/or livestock production, except for bee keeping involving no more than three (3) hives). The cultivation of animals, animal products and/or livestock production, except for bee keeping involving no more than three (3) hives, is only permitted upon the granting of a Conditional Use Permit - see Chapter 17.134 for the CUP procedure) Nonassembly Cultural
Administrative
CB. Commercial Activities:

Administrative
Research Service
DC. Agricultural and Extractive Activities:

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17.78.040 Conditionally permitted activities.

A. Civic Activities:

Community Assembly
Recreational Assembly
Administrative
Utility and Vehicular
Extensive Impact
B. Agricultural and Extractive Activities:

Extensive Agriculture (see Section 17.78.065)

17.78.050 Permitted facilities.

The following facilities, as described in the use classifications in Chapter 17.10, are permitted:

A. Nonresidential Facilities:

Enclosed
Open, accommodating Civic Activities, Limited Agriculture, seasonal sales, or special events only
Sidewalk Cafes, subject to the provisions of Section 17.103.090

17.78.110 Maximum Floor Area Ratio.

The maximum Floor Area Ratio (FAR) of any facility shall be 1.00. 0.50.

17.78.120 Maximum height.

Except for the projections allowed by Section 17.108.030, and except as provided in Chapter

17.128, no building shall exceed sixty-five (65) forty-five (45) feet in height. unless the building, or that portion thereof which exceeds forty-five (45) feet in height, is set back from the inner line of each of the minimum side yards required by Section 17.78.130C a minimum horizontal distance equal to one (1) foot for each two (2) feet by which it exceeds forty-five (45) feet in height. See Section 17.78.090 for maximum height of Signs, and Section 17.108.130 for maximum height of facilities within minimum yards and courts, and Section 17.108.020 for increased height limits in certain situations.

17.78.130 Minimum yards.

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The following minimum yards shall be provided unobstructed except for the accessory structures or the other facilities allowed therein by Section 17.108.130:

A. Front Yard. The minimum front yard depth on every lot shall be twenty (20) fifty (50) feet.

B. Side Yard—Street Side of Corner Lot. The minimum side yard width on the street side of every corner lot shall be twenty (20) fifty (50) feet.

C. Side Yard—Interior Lot Line. The minimum width of the side yard along any single interior side lot line of any lot shall be twenty (20) feet. The minimum combined width of both such side yards shall be fifty (50) feet.

D. Rear Yard. The minimum rear yard depth on every lot shall be twenty (20) thirty (30) feet, except that the minimum rear yard depth shall be thirty (30) fifty (50) feet along any portion of a rear lot line which abuts a lot in any Residential Zone.

17.78.140 Buffering and landscaping.

A. General Requirements. All uses shall be subject to the applicable requirements of the buffering regulations in Chapter 17.110 with respect to screening or location of parking, loading, and storage areas; control of artificial illumination; and other matters specified therein.

B. Buffer Strip. A strip of dense landscaping not less than five and one-half (5½) feet high and ten (10) feet wide, and including trees, shall be provided along all lot lines which abut a lot in any Residential Zone, subject to the standards for required landscaping and screening in Chapter 17.124 and the exceptions stated in said chapter.

C. Landscaping Coverage. A minimum of twenty-five percent (25%) forty percent (40%) of the lot area of each lot shall be developed with lawn, ground cover, garden, shrubs, or trees, subject to the standards for required landscaping and screening.

17.78.150 Maximum residential density.

17.102.270 with respect to additional kitchens for a dwelling unit, and the provisions of Section

A. Permitted Density.

2. Efficiency Dwelling Units. One (1) Efficiency Dwelling Unit is permitted for each one hundred fifty (150) square feet of lot area, provided that one extra such unit is

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permitted if a remainder of one hundred (100) square feet or more is obtained after division of the lot area by one hundred fifty (150) square feet.

B. Increased Density Allowed in Certain Situations. The number of living units permitted by Subsection A. of this Section may be increased by not to exceed fifty percent (50%) upon the granting of a Conditional Use Permit pursuant to the Conditional Use Permit procedure in Chapter 17.134, in each of the following situations:

1. In the case of a Residential Facility with more than four (4) stories containing living units, subject to the provisions of Section 17.106.040;

2. Upon the acquisition of development rights from nearby lots, subject to the provisions of Section 17.106.050.

The number of living units may also be increased, as prescribed in Section 17.106.060, in certain special housing.

17.78.160 Minimum usable open space.

On each lot containing Residential Facilities with a total of two (2) or more dwelling units, excluding any permitted Accessory Dwelling Units, group usable open space shall be provided for such facilities in the minimum amount of seventy-five (75) square feet per Regular Dwelling Unit, plus thirty-eight (38) square feet per Rooming Unit or Efficiency Dwelling Unit. Private usable open space may be substituted for such group space in the ratio prescribed in Section

17.126.020. All required space shall conform to the standards for required usable open space in Chapter 17.126.

17.78.170 Special regulations for Planned Unit Developments.

A. Planned Unit Developments. Large integrated developments shall be subject to the Planned Unit Development (PUD) regulations in Chapter 17.142 if they exceed the sizes specified therein. In developments which are approved pursuant to said regulations, certain uses may be permitted in addition to those otherwise allowed in the S-3 Zone, and certain of the

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other regulations applying in said zone may be waived or modified. The normally required design review process may also be waived for developments at the time of initial granting of a Planned Unit Development (PUD) permit. Unless otherwise specified in the PUD permit, any future changes within the Planned Unit Development shall be subject to applicable design review regulations.

17.78.180 150 Other zoning provisions.

A. Parking and Loading. Off-street parking and loading shall be provided as prescribed in the off-street parking and loading requirements in Chapter 17.116.

B. Bicycle Parking. Bicycle parking shall be provided as prescribed in the bicycle parking regulations in Chapter 17.117.

C. Nonconforming Uses. Nonconforming uses and changes therein shall be subject to the nonconforming use regulations in Chapter 17.114.

D. General Provisions. The general exceptions and other regulations set forth in Chapter

17.102 shall apply in the S-3 Zone.

E. Recycling Space Allocation Requirements. The regulations set forth in Chapter 17.118 shall apply in the S-3 Zone.

Rules & Legislation CommitteeJune 22, 2023

Rules & Legislation Committee
June 22, 2023