View Exhibit A — Rules & Legislation Committee, September 14, 2023

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EXHIBIT A
Missing Middle Code Package –Residential Zones

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 17.11 OS OPEN SPACE ZONING REGULATIONS

17.11.060 Special provisions for permitted and conditionally permitted activities in the OS Zone.

The following table shall apply to those activities that are permitted and conditionally permitted within the OS Zone. The specified activities shall only be permitted or conditionally permitted in the types of parks indicated in the table. Permitted activities are noted with the letter "P." Uses requiring a minor conditional use permit Minor Conditional Use Permit are indicated with a star.

Uses requiring a major conditional use permit Major Conditional Use Permit are indicated with a solid circle and star [solid diamond]. In the event that no letter or symbol appears in the matrix cell, the use is not permitted.

USE/PARK TYPE RSP CP NP AMP PMP LP SU RCA AF

Legend:
♦ = Major Conditional Use Permit Required
* = Minor Conditional Use Permit Required
P = Permitted
No symbol=Not Permitted

RSP (Region-Seeing Park); CP (Community Park); NP (Neighborhood Park); Active Mini-Park (AMP); Passive Mini-Park (PMP); Linear Park (LP); Special Use Park (SU); Resource Conservation Area (RCA); Athletic Field Park (AF)

ESSENTIAL SERVICE CIVIC ACTIVITIES

Park, recreational, and civic uses,
consistent with a Master Plan
adopted by the City Council (pursuant
to Section 17.135.050), whether or
not they are listed in this table.
* * * * * * * * *

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Park, recreational, and civic uses on
land owned by the East Bay Regional
Park District (EBRPD), consistent
with a Master Plan adopted by
EBRPD Board (pursuant to Section

17.135.050), whether or not they are
listed in this table.

P P P P

ACCESSORY ACTIVITIES

Rest Room Building * * * * * * * ♦ *
Commercial Kitchen Use in existing
Recreation Center buildings

P P P P

PARK USES CONSISTENT WITH AN ADOPTED MASTER PLAN OR CULTURAL

EASEMENT
Park uses consistent with a Master
Plan adopted by the City Council
(pursuant to Section 17.135.050),
whether or not they are listed in this
table.

P P P P P P P P P
Park uses on land owned by the East
Bay Regional Park District (EBRPD),
consistent with a Master Plan
adopted by the EBRPD Board
(pursuant to Section 17.135.050),
whether or not they are listed in this
table.

P P P P P P P P P
Park uses consistent with a recorded
conservation easement adopted by
the City Council and held by a
qualified entity pursuant to California
Civil Code section 815.3, whether or
not they are listed in this table.

Limitations: The uses permitted under
this section must be reserved for the
exclusive purpose of conserving the
culture present in Oakland prior to
European colonization or culture
descended from said time and place.

The conservation easement shall
establish the development standards

P P P P P P P P P

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that apply to such uses and no further
approvals shall be required under this
Planning Code; provided that other
approvals under the Municipal Code
shall still apply, including but not
limited to, the Creek Protection
Ordinance, Building Code, and Fire
Code.

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Chapter 17.13 RH HILLSIDE RESIDENTIAL ZONES REGULATIONS

17.13.010 Title, intent, and description.

A. Title and Intent. The provisions of this Chapter shall be known as the RH Hillside Residential Zones Regulations. The intent of the Hillside Residential (RH) Zones is to create, maintain, and enhance residential areas that are primarily characterized by detached, single unit structures on hillside lots.

17.13.030 Permitted and conditionally permitted activities.

Table 17.13.01 lists the permitted, conditionally permitted, and prohibited activities in the RH Zones. The descriptions of these activities are contained in Chapter 17.10. Section

17.10.040 contains permitted accessory activities.
"P" designates permitted activities in the corresponding zone. "C" designates activities that are permitted only upon the granting of a Conditional Use Permit (CUP) in the corresponding zone (see Chapter 17.134 for the CUP procedure). "L" designates activities subject to certain limitations or notes listed at the bottom of the table.
"—" designates activities that are prohibited except as accessory activities according to the regulations contained in Section 17.010.040.

Table 17.13.01: Permitted and Conditionally Permitted Activities Activities Zones Additional
Regulations
RH-1 RH-2 RH-3 RH-4
Residential Activities
Emergency Shelter — P(L1) — P(L1) — P(L1) — P(L1) 17.103.010

17.103.015

Agriculture and Extractive Activities
Limited Agriculture P(L2) P(L2) P(L2) P(L2)

Limitations on Table 17.13.01:

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permitted by-right on properties owned by churches, temples, synagogues, and other similar places of worship approved for Community Assembly Civic Activities; prohibited elsewhere in the zone.

L2. 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 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).

17.13.040 Permitted and conditionally permitted facilities.

Table 17.13.02 lists the permitted, conditionally permitted, and prohibited facilities in the RH Zones. The descriptions of these activities 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 (CUP) in the corresponding zone (see Chapter 17.134 for the CUP procedure). "L" designates facilities subject to certain limitations or notes listed at the bottom of the table.
"—" designates facilities that are prohibited.

Table 17.13.02: Permitted and Conditionally Permitted Facilities Facilities Zones Additional
Regulations
RH-1 RH-2 RH-3 RH-4
Residential Facilities
One-Family Dwelling P(L1) P(L1) P(L1) P(L1) 17.103.080
Two- to Four-Family Dwelling —(L1) —(L1) —(L1) P(L1) 17.103.080 Multifamily Dwelling —(L1) —(L1) —(L1) —(L1) 17.103.080 Rooming House — — — —

Vehicular P P P P 17.103.080

17.103.085

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Limitations on Table 17.13.01:

L1. See Section 17.103.080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units. Also, see Table 17.13.03, Property Development Standards, for additional regulations in the RH-4 Zone.

17.13.050 Property development standards.

A. Zone Specific Standards. Table 17.13.03 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. "—" indicates that a standard is not required in the specified zone.

Table 17.13.03: Property Development Standards
Development Standards Zones Additional
Regulations
RH-1 RH-2 RH-3 RH-4
Minimum Lot Dimensions
Lot Width mean 100 ft. 100 ft. 90 ft. 45 ft. 1
Frontage 25 ft. 25 ft. 25 ft. 25 ft. 1
Lot area 43,560 sf. 25,000 sf. 12,000 sf. 6,500 sf. or
8,000 sf.
1, 2, 3
Maximum Density 1 primary dwelling unit per lot 4
Maximum Permitted
Residential Density
1 primary
dwelling
unit per lot
1 primary
dwelling
unit per lot
1 primary
dwelling
unit per lot
1 primary
dwelling
unit per lot;

2 dwelling
units on
lots 8,000
sf. or
greater
4, 18
Minimum Setbacks
Minimum front (≤20%
street-to-setback gradient)
25 ft. 25 ft. 20 ft. 20 ft. 4, 5, 6, 17
Minimum front (>20%
street-to-setback gradient)
5 ft. 5 ft. 5 ft. 5 ft. 4, 5, 6, 7,
17

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Development Standards Zones Additional
Regulations
RH-1 RH-2 RH-3 RH-4
Minimum interior side
(≤20% footprint slope)
6 ft./15% 6 ft./15% 6 ft./10% 5 ft. 4, 8, 9, 17
Minimum interior side
(>20% footprint slope)
6 ft./15% 6 ft./15% 6 ft./10% 5 ft./10% 4, 8, 9, 17
Minimum street side 6 ft. 6 ft. 6 ft. 5 ft. 4, 5, 10, 17 Rear 35 ft. 35 ft.30 ft. 25 ft. 20 ft. 4, 7, 10, 11,
17 Maximum Lot Coverage
and Floor Area Ratio
(FAR)
See Table 17.13.04

Height Regulations for All Lots with a Footprint Slope of ≤20% Maximum wall height
primary building
25 ft. 25 ft. 25 ft. 25 ft. 4, 13, 14
Maximum pitched roof
height primary building
30 ft. 30 ft. 30 ft. 30 ft. 4, 13, 14
Maximum height for
accessory structures
15 ft. 15 ft. 15 ft. 15 ft. 4, 13, 14
Height Regulations for all
Lots with a Footprint
Slope of >20%
See Table 17.13.05 for Height regulations for all
lots with a footprint slope of >20%
4, 15
Maximum Wall Length
Before Articulation
Required
40 ft. 40 ft. 40 ft. 40 ft. 4, 15
Minimum Parking See Chapter 17.116 for automobile parking and Chapter 17.117 for bicycle parking requirements
4, 16

Additional Regulations for Table 17.13.03:

6. In the RH-4 Zone, if adjacent lots abutting the side lot lines of the subject lot both contain principle Residential Facilities that have front setbacks with a depth of less than twenty (20) feet, the minimum front setback may shall be reduced for buildings and other structures on the subject lot up to a line parallel to the front lot line and extended from the most forward projection

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of the principle Residential Facility on the adjacent lots having the deeper front setback depth, provided such projection is enclosed, has a wall height of at least eight (8) feet, and has a width of at least five (5) feet. In the case of a corner lot, or lot that has a one or more vacant parcels next to it, this same principle may shall apply if the two (2) nearest non-vacant lots adjacent to each side of the corner lot, or to each side of a lot that has one or more vacant parcels next to it, has lot along its front lot line have less than a twenty (20) foot front setback (see Illustration for Table 17.13.03, [Additional Regulation 6], below). Also, see Section 17.108.130 for allowed projections into setbacks.

9. The
minimum interior side setback for all lots with a footprint slope that exceeds 20% is the greater of the two (2) listed setbacks - in the RH-1, RH-2, and RH-3 Zones: either six (6) feet or fifteen percent (15%) of the lot width mean, whichever is greater; and in the RH -4 Zone: either five (5) feet or ten percent (10%) of the lot width mean, whichever is greater . Also, see Section

17.108.130 for allowed projections into setbacks.

10. In al l Residential RH Zones, on every corner lot which abuts to the rear a key lot which is in a Residential Zone, there shall be provided on the street side of such corner lot a side setback with a minimum width equal to one-half (½) of the minimum front setback depth required on the key lot and no less than the minimum side setback width required along an interior side lot line of the corner lot. However, such side setback shall only apply to the rear twenty (20) feet of the corner lot, and not be required to exceed five (5) feet in width if it would reduce to less than twenty-five (25) feet the buildable width of any corner lot. Such setback shall be provided unobstructed except for the accessory structures or the other facilities allowed therein by Section 17.108.130 (see Illustration for Table 17.13.03. [Additional Regulation 10], below). See also Subsection 17.110.040.C for special controls on location of detached accessory buildings on such corner lots and. See Section 17.108.130 for allowed projections into setbacks.

14. In all RH Zones, if If at least sixty percent (60%) of the buildings in the immediate context are no more than one (1) story in height, the maximum wall height shall be fifteen (15) feet within the front twelve (12) feet of buildable area. The immediate context shall consist of the five (5) closest lots on each side of the project site plus the ten (10) closest lots on the opposite side of the street; however, the Director of City Planning may make an alternative determination of immediate context based on specific site conditions. Such determination shall be in writing and included as part of any approval of any variance, conditional use permit, design review, determination of exemption from design review, or other special zoning approval or, if no special zoning approval is required, part of any Planning Department approval of a building permit application.

18. A second primary unit may only be granted in the RH-4 Zone upon determination that:
i) The project is not located within the S-9 Fire Safety Protection Combining Zone; and
ii) The minimum pavement width along the entire length of the adjoining street is at least twenty-six (26) feet, and all streets connecting the lot to the nearest arterial street

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(as designated by the City of Oakland General Plan Land Use and Transportation Element) have a minimum pavement width of at least twenty-six (26) feet.

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Chapter 17.15 RD DETACHED UNIT RESIDENTIAL ZONES REGULATIONS Sections:

17.15.010 Title, intent, and description.

A. Title and Intent. The provisions of this Chapter shall be known as the RD Detached Unit Residential Zone Regulations. The intent of the Detached Unit Residential (RD) Zones is to create, maintain, and enhance residential areas primarily characterized by detached, single-unit structures a mix of single-unit structures, small multi-unit buildings, and neighborhood businesses where appropriate.

B. Description of Zones. This Chapter establishes land use regulations for the following two (2) zones:

1. RD-1 Detached Unit Residential - 1 Zone. The intent of the RD-1 Zone is to create, maintain, and enhance areas with detached, single unit structures. A limited number of commercial uses will be permitted or conditionally permitted in existing Nonresidential Facilities.

2. RD-2 Detached Unit Residential - 2 Zone. The intent of the RD-2 Zone is to create, maintain, and enhance areas ,with detached, single unit structures, with allowances for Two- Family structures on lots larger than six thousand (6,000) square feet. A limited number of commercial uses will be permitted or conditionally permitted in existing Nonresidential Facilities.

17.15.030 Permitted and conditionally permitted activities.

Table 17.17.01 lists the permitted, conditionally permitted, and prohibited activities in the RM Zone s. The descriptions of these activities are contained in Chapter 17.10. Section

Table 17.15.01: Permitted and Conditionally Permitted Activities Activities Base Zones Additional
Regulations
RD RD-1 RD-2
Residential Activities
Permanent P P

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Activities Base Zones Additional
Regulations
RD RD-1 RD-2
Residential Care P(L1) P(L1) 17.103.010
Supportive Housing P P

Transitional Housing P P

Emergency Shelter — P(L1) — 17.103.010

17.103.015
Semi-Transient — —

Bed and Breakfast C C 17.10.125
Civic Activities
Essential Service P P

Limited Child-Care
Activities
P P

Community Assembly C C

Recreational Assembly C C

Community Education C C

Nonassembly Cultural C C

Administrative C C

Health Care — —

Special Health Care — —

Utility and Vehicular C C

Extensive Impact C C 17.102.440
Commercial Activities
General Food Sales C(L2)(L3) C(L2)(L3)

Full Service Restaurants C(L2)(L3) C(L2)(L3)

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Activities Base Zones Additional
Regulations
RD RD-1 RD-2
Limited Service
Restaurant and Cafe
C(L2)(L3) C(L2)(L3)

Fast-Food Restaurant — —

Convenience Market — —

Alcoholic Beverage Sales —(L4) —(L4)

Mechanical or Electronic
Games
— —

Medical Service — —

General Retail Sales PC(L2)(L3)(L5) C(L2)(L3)

Large-Scale Combined
Retail and Grocery Sales
— —

Consumer Service — C(L2)(L3) —

Consultative and
Financial Service
— C(L2)(L3) —

Check Cashier and
Check Cashing
— —

Consumer Cleaning and
Repair Service
— —

Consumer Dry Cleaning
Plant
— —

Group Assembly — —

Personal Instruction and
Improvement Services
— —

Administrative P(L3)(L5) P(L3)(L5)

Business,
Communication, and Media
Services
— —

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Activities Base Zones Additional
Regulations
RD RD-1 RD-2
Broadcasting and
Recording Services
Commercial Activities
— —

Research Service — —

General Wholesale Sales — —

Transient Habitation — —

Building Material Sales — —

Automobile and Other
Light Vehicle Sales and
Rental
— —

Automobile and Other
Light Vehicle Gas Station
and Servicing
— —

Automobile and Other
Light Vehicle Repair and
Cleaning
— —

Taxi and Light Fleet-
Based Services
— —

Automotive Fee Parking — —

Animal Boarding — —

Animal Care — —

Undertaking Service — —

Industrial Activities (all) —

Agriculture and Extractive Activities
Limited Agriculture P(L6) P(L6)
Extensive Agriculture C(L7) C(L7)

Plant Nursery C C

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Activities Base Zones Additional
Regulations
RD RD-1 RD-2
Mining and Quarrying — —

Accessory off-street
parking serving
prohibited activities
C C 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 17.15.01:

L1. Residential Care is only permitted in a One-Family Dwelling Residential Facility. 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. 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; prohibited elsewhere in the zone.

L2. These activities may only be located in an existing ground floor of a Nonresidential Facility that was both built prior to the effective date of this Chapter (April 14, 2011). For the purposes of this limitation, a facility is considered built existing if it received its certificate of occupancy or passed its final building inspection on its building permit. Also, these activities may only operate within the hours of 7:00 a.m. and 10:00 p.m.

L3. The ov erall outside dimensions of an existing Nonresidential Facility built prior to the effective date of this Chapter (April 14, 2011) devoted to this activity shall not be increased; and no open parking, loading, or production serving such activity shall be relocated or increased in size. For the purposes of this limitation, a facility is considered built existing if it received its certificate of occupancy or passed its final building inspection on its building permit. This regulation supersedes the applicable provisions in Chapter 17.114.

L5. Thes
e activities may only be located in an existing ground floor of a Nonresidential Facility that was built prior to the effective date of this Chapter (April 14, 2011). For the purposes of this limitation, a facility is considered built existing if it received its certificate of occupancy or passed its final building inspection on its building permit. Also, these activities may only operate within the hours of 7:00 a.m. and 10:00 p.m.; a Conditional Use Permit (CUP) is required if the total floor area devoted to these activities on any single lot ground floor Nonresidential Facility

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exceeds one thousand five hundred (1,500) square feet (see Chapter 17.134 for the CUP procedure).

L6. 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 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).

17.15.040 Permitted and conditionally permitted facilities.

Table 17.17.02 lists the permitted, conditionally permitted, and prohibited facilities in the RM Zones. The descriptions of these facilities are contained in Chapter 17.10. Section

17.10.040 contains permitted accessory activities.
"P" designates permitted facilities in the corresponding zone. "C" designates facilities that are permitted only upon the 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 17.15.02: Permitted and Conditionally Permitted Facilities Facilities Base Zones Additional
Regulations
RD RD-1 RD-2
One-Family Dwelling P(L1) P(L1) 17.103.080
Two- to Four-Family
Dwelling
—P(L1) C(L1) 17.103.080
Multifamily Dwelling —(L1) —(L1) 17.103.080
Rooming House — —

Vehicular P P 17.103.080

17.103.085
Enclosed Nonresidential P P

Open Nonresidential P P

Sidewalk Cafe P(L2) P(L2) 17.103.090

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Facilities Base Zones Additional
Regulations
RD RD-1 RD-2
Drive-In Nonresidential — —

Drive-Through
Nonresidential
— —

Micro Telecommunications C C 17.128
Mini Telecommunications C C 17.128
Macro
Telecommunications
C C 17.128
Monopole
Telecommunications
C C 17.128
Tower
Telecommunications
— — 17.128
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(L3) P(L3) 17.104
Advertising Signs — — 17.104

Limitations on Table 17.15.02:

L1. See Section 17.103.080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units. Also, see Table 17.15.03, Property Development Standards, for additional regulations on the conditionally permitted density in the RD-2 Zone.

L2. Sidewalk cafes are allowed only as an accessory facility to an already approved Full Service Restaurant or Limited Service Restaurant and Cafe. The sidewalk cafe may only operate within the hours of 7:00 a.m. to 10:00 p.m. No more than three (3) tables and no more than ten (10) chairs or seats are allowed by right. If more tables or chairs are requested, a Conditional Use Permit (CUP) is required (see Chapter 17.134 for the CUP procedure). See

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Section 17.103.090 for other regulations regarding Sidewalk Cafes; however, the regulations in this Section supersede any contradicting regulations in Section 17.103.090.

L3. Business Signs are only allowed on existing Nonresidential Facilities built prior to the effective date of this Chapter (April 14, 2011); otherwise, Chapter 17.104 applies. For the purposes of this limitation, a facility is considered existing built if it received its certificate of occupancy or passed its final building inspection on its building permit. Also, the maximum aggregate area of display surface of all Business, Civic, and Residential Signs on any one lot shall be 0.5 square foot for each one foot of lot frontage in the case of an interior lot, or 0.25 square feet for each one foot of lot frontage in the case of a corner lot. The aggregate shall include only one face of a double-faced sign. The total amount of aggregate sign area shall not exceed one hundred ( 100) square feet on any one property. See Chapter 17.104 for other regulations regarding Business Signs; however, the regulations in this Section supersede any contradicting regulations in Chapter 17.104.

17.15.050 Property development standards.

A. Zone Specific Standards. Table 17.15.03 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” indicates that a standard is not applicable in the specified zone.

Table 17.15.03: Property Development Standards
Development Standards Zones Additional
Regulations
RD RD-1 RD-2
Minimum Lot Dimensions
Lot Width mean 45 ft. 20 ft. 45 ft. 1
Frontage 25 ft. 20 ft. 25 ft. 1
Lot area 5,000 sf. 2,000 sf. 5,000 sf. 1, 2
Maximum Density

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Development Standards Zones Additional
Regulations
RD RD-1 RD-2
Maximum Permitted Residential
Density Permitted density

1-2 units on any
legal lot;

3 units on minimum
3,000 sf. lots;

4 units on minimum
4,000 sf. lots

1 primary dwelling
unit per lot
1 primary dwelling
unit per lot
3, 4, 5
Conditionally permitted density N/A 2 units on lots 6,000 sf or greater
3 Minimum Setbacks for Lots Equal to or Greater than 3,000 Square Feet in Size Minimum front (<20% street-to-
setback gradient)
20 ft. 15 ft. 20 ft. 6, 18, 20
Minimum front (>20% street-to-
setback gradient)
5 ft. 5 ft. 6, 7, 8, 18,
20 Minimum interior side <20%
footprint slope
5 ft. 4 ft. 5 ft. 9, 10, 18,
20 Minimum interior side >20%
footprint slope
5 ft./10% 5 ft. 9, 10, 11,
20 Minimum street side 5 ft. 4 ft. 5 ft. 8, 9, 11, 18, 12, 20
Rear 20 ft. 10 ft. 15 ft. 9, 12, 13,
18 14, 20
Reduced Setbacks for Smaller
Lots
See Table 17.15.04 for reduced setbacks
for smaller lots less than 3,000 square feet
in size

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Development Standards Zones Additional
Regulations
RD RD-1 RD-2
Maximum Floor Area Ratio (FAR)
and Lot Coverage for 1 and 2 Units
See Table 17.15.05 for maximum FAR
and lot coverage for 1 and 2 dwelling
units, excluding any permitted Accessory
Dwelling Units
19 Maximum Lot Coverage for 3 or
More Units
N/A 19
Height Regulations for All Lots with a Footprint Slope of <20% Maximum wall height primary
buildings
25 ft. 30 ft. 25 ft. 13, 14, 15,
16 Maximum pitched roof height
primary buildings
30 ft. 35 ft. 30 ft. 13, 14, 15,
16 Maximum height for accessory
structures
15 ft. 15 ft. 13, 14, 15,
16 Height Regulations for all Lots
with a Footprint Slope of >20%
See Table 17.15.06 for Height regulations
for all lots with a footprint slope of >20%
15 Maximum Wall Length Before
Articulation Required
40 ft. 40 ft.

Minimum Parking See Chapter 17.116 for automobile
parking and Chapter 17.117 for bicycle
parking requirements
3, 16 18
Minimum Open Space
Group open space per Primary Unit N/A 100 sf. 300 sf 17 19 Group open space per Primary Unit
when private open space substituted
N/A 25 sf. 100 sf 17 19

Additional Regulations for Table 17.15.03:

5. A minimum lot size of six thousand (6,000) square feet is required in order to apply for a conditional use permit for a second primary dwelling unit in the RD-2 Zone. A conditional use permit for a Two-Family Dwelling Residential Facility or for two (2) primary dwelling units on a lot may be granted only upon determination that the proposal conforms to the general use permit criteria set forth in the Conditional use Permit (CUP) procedure in Chapter 17.134 and to

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all of the following additional use permit criteria: In the RD Zone, proposals requiring Regular Design Review approval may only be granted 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 design review criteria:
a. That the proposed development will not adversely affect adjoining property, nor the surrounding neighborhood, with consideration to be given to: density; to the availability of neighborhood facilities and play space; to the generation of traffic and the capacity of surrounding streets; and to all other similar, relevant factors; ab. That the site design and landscaping and the scale, height, length and width, bulk, coverage, and exterior treatment of structures are in harmony with neighborhood character and with facilities on nearby lots;
c. That the shape and siting of the facilities, and especially of any portions thereof which exceed one (1) story in height, are such as to minimize blocking of views and direct sunlight from nearby lots and from other Residential Facilities in the surrounding neighborhood;
bd. That the design and site planning of the buildings, open areas, parking and service areas, and other facilities provide a convenient, attractive, and functional living environment; and that paths, stairways, accessways, and corridors are designed to ensure privacy;.
e. That lot shape, size, and dimensions allow a development which will provide satisfactory internal living conditions without adversely affecting the privacy, safety, or residential amenity of adjacent residences.

6. If adjacent lots abutting the side lot lines of the subject lot both contain principal Residential Facilities that have front setbacks with a depth of less than twenty (20) feet the minimum required in this Chapter, the minimum front setback may shall be reduced for buildings and other structures on the subject lot up to a line parallel to the front lot line and extended from the most forward projection of the principal Residential Facility on the adjacent lots having the deeper front setback depth, provided such projection is enclosed, has a wall height of at least eight (8) feet, and has a width of at least five (5) feet. In the case of a corner lot, or lot that has a one or more vacant parcels next to it, this same principal may shall apply if the two (2) nearest non-vacant lots adjacent to the each side of a corner lot, or to each side of a lot that has one or more vacant parcels next to it, lot along its front lot line have less than a twenty (20) foot front setback the minimum required front setback in this Chapter (see Illustration for Table 17.15.03 [Additional Regulation 6], below).

7. In al l Detached Residential Zones In the RD Zone, the minimum front setback depth otherwise required by the applicable individual zone regulations shall be reduced to five (5) feet on any lot with a street-to-setback gradient that exceeds twenty percent (20%), provided, however, that the distance from the edge of the pavement to a garage or carport elevation containing one or more vehicular entries to the edge of the street or sidewalk pavement, whichever is closer, shall be at least eighteen (18) feet (see Illustration for Table 17.15.03 [Additional Regulation 7], below. See Section 17.108.130 for allowed projections into setbacks.

11. For the RD -1 Zone, the minimum interior side setback is the greater of the two (2) listed setbacks, either five (5) feet or ten percent (10%) of the lot width, whichever is greater.

Page 21 of 92 ends

1112. In all Residential Zones In the RD Zone, on every corner lot which abuts to the rear a key lot which is in a Residential Zone, there shall be provided on the street side of such corner lot a side setback with a minimum width equal to one-half (½) of the minimum front setback depth required on the key lot and no less than the minimum side setback width required along an interior side lot line of the corner lot. However, such side setback shall only apply to the rear ten (10) feet of the corner lot, and not be required to exceed five (5) four (4) feet in width if it would reduce to less than twenty-five (25) feet the buildable width of any corner lot. Such setback shall be provided unobstructed except for the accessory structures or the other facilities allowed therein by Section 17.108.130 (see Illustration for Table 17.15.03 [Additional Regulation 12], below). See also Subsection 17.110.040.C for special controls on location of detached accessory buildings on such corner lots.
1213. Wher
ever a rear lot line abuts an alley, one-half (½) of the right-of-way width of the alley may be counted toward the required minimum rear setback; provided, however, that the portion of the minimum rear setback depth actually on the lot itself shall not be so reduced to less than ten (10) feet. Also, see Section 17.108.130 for allowed projections into setbacks. 1314. In th
e RD-1 Zone, for lots which abut an adjoining rear setback, the minimum rear setback depth shall be increased by an additional one-half (½) foot of rear setback depth for each additional one (1) foot of lot depth over one hundred (100) feet, up to a maximum rear setback depth of forty (40) twenty (20) feet.
1415. See Section 17.108.030 for allowed projections above height limits and Section

17.108.020 for increased height limits in certain situations.

16. If at l east sixty percent (60%) of the buildings in the immediate context are no more than one (1) story in height, the maximum wall height shall be fifteen (15) feet within the front twelve (12) feet of buildable area. The immediate context shall consist of the five (5) closest lots on each side of the project site plus the ten (10) closest lots on the opposite side of the street; however, the Director of City Planning may make an alternative determination of immediate context based on specific site conditions. Such determination shall be in writing and included as part of any approval of any Variance, Conditional Use Permit, design review, determination of exemption from design review, or other special zoning approval or, if no special zoning approval is required, part of any Planning Department approval of a building permit application. 1517. If the total wall length within ten (10) feet of the side lot line exceeds forty (40) feet, then the building wall shall be articulated by at least one (1) section of additional setback. See applicable design review criteria guidelines for more specific bulk regulations and context standards.
1618. Of f -street parking and loading shall be provided as prescribed in the off-street parking and loading requirements in Chapter 17.116. Bicycle parking shall be provided as prescribed in the bicycle parking regulations in Chapter 17.117. Also, additional parking standards apply within the S-11 and S-12 Zones, as prescribed in Chapter 17.92 and Chapter 17.94. 1719. U
sable open space is only required on lots with two (2) or more primary living 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 of one hundred (100) square

Page 22 of 92 ends

feet 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. 1820. S ee Section 17.103.085 for setback and separation requirements for Vehicular Residential Facilities.

19. Ma ximum Lot Coverage and maximum Floor Area Ratio (FAR) only apply to lots with one to two dwelling units, excluding any permitted Accessory Dwelling Units. See Table 17.15.05 for applicable regulations.

20. Except as stated below in this limitation, the minimum front setback shall be reduced to five (5) feet for the following facilities:
a. New principal buildings that include ground floor Commercial Facilities; and b. New Commercial Facilities located to the front of a Potential Designated Historic Property (PDHP) or Designated Historic Property (DHP), but only if the height of the new Commercial Facility in the area between the front property line and the front building elevation of the existing historic structure does not exceed fifteen (15) feet.

No front or side setback is required for existing Commercial Facilities. Also, no front yard setback is required for new Commercial Facilities if there is an existing context within the adjoining block face of no front yard setback. For the purposes of this limitation, an “existing context” of no front yard setback means that at least fifty percent (50%) of the existing buildings from street corner to street corner on the same side of the street have no front yard setback.

B. Reduced Setbacks for Smaller Lots. Table 17.15.04 below prescribes reduced setback standards for lots less than four thousand (4,000) three thousand (3,000) square feet in size.

The number designations in the "Additional Regulations" column refer to the regulations listed at the end of the Table.

Table 17.15.04 Reduced Setbacks for Smaller Lots Less than 3,000 Square Feet Regulation Lot Size Additional
Regulations
≤ 4,000 sf or < 40 feet wide < 3,000 sf. or < 35 feet wide Minimum Setbacks
Minimum interior side 4 ft. 3 ft. 1, 2
Minimum street side 4 ft. 3 ft. 1, 2
Rear 15 ft. 15 ft. 10 ft. 1, 2

Additional Regulations for Table 17.15.04:

1. See Section 17.108.130 for allowed projections into setbacks.

Page 23 of 92 ends

2. See Section 17.103.085 for setback and separation requirements for Vehicular Residential Facilities.

C. Maximum Floor Area Ratio (FAR) and Lot Coverage for One and Two Dwelling Units Only. Table 17.15.05 below prescribes FAR and lot coverage standards associated with lot sizes for lots of varying sizes with one and two dwelling units, excluding any permitted Accessory Dwelling Units. The numbers in the "Additional Regulations" column refer to the regulations listed at the end of the Table.

Table 17.15.05 Maximum Floor Area Ratio (FAR) and Lot Coverage for One and Two Dwelling Units Only
Regulation Lot Size in Square Feet Additional
Regulation
s <5,000
6,000
≥5,000
6,000 and
<12,000
≥12,000
and
<25,000
≥25,000
and
<43,560
≥ 43,560
Maximum FAR for Lots with
a Footprint Slope > 20%

0.55 0.50 0.45 0.30 0.20 1
Maximum Lot Coverage (%) 4055% 4045% 30% 20% 15% 2

Additional Regulations for Table 17.15.05:

1. Maximum Floor Area Ratio (FAR) only applies to lots that have a footprint slope of greater than twenty percent (20%). Lots less than five thousand (5,000) four thousand (4,000) square feet may have a dwelling with a minimum of two thousand (2,000) square feet of floor area, regardless of FAR listed.

2. Lots less than five thousand (5,000) four thousand (4,000) square feet may have a lot coverage of up to two thousand (2,000) square feet regardless of lot coverage percentage (%) listed.

17.15.060 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 otherwise apply to individual lots in the RD Zones may be waived or modified when and as prescribed in Chapter 17.142.

Page 24 of 92 ends

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 25 of 92 ends

Chapter 17.17 RM MIXED HOUSING TYPE RESIDENTIAL ZONES REGULATIONS

17.17.010 Title, intent, and description.

A. Title and Intent. The provisions of this Chapter shall be known as the RM Mixed Housing Type Residential Zones Regulations. The intent of the Mixed Housing Type Residential (RM) Zones is to create, maintain, and enhance residential areas typically located near the City's major arterials and characterized by a mix of single-family homes, townhouses, small multi-unit buildings, and neighborhood businesses where appropriate.

17.17.030 Permitted and conditionally permitted activities.

Table 17.17.01 lists the permitted, conditionally permitted, and prohibited activities in the RM Zones. The descriptions of these activities are contained in Chapter 17.10. Section

17.10.040 contains permitted accessory ac tivities.
"P" designates permitted activities in the corresponding zone. "C" designates activities that are permitted only upon the granting of a Conditional Use Permit (CUP) in the corresponding zone (see Chapter 17.134 for the CUP procedure). "L" designates activities subject to certain limitations or notes listed at the bottom of the table.
"—" designates activities that are prohibited except as accessory activities according to the regulations contained in Section 17.010.040.

Table 17.17.01: Permitted and Conditionally Permitted Activities Activities Primary Base Zones Combining
Zone*
Additional
Regulation
s
RM-1 RM-2 RM-3 RM-4 C*
Residential Activities
Emergency
Shelter
— P(L1)(L2) P(L1)(L2) — P(L1)(L2) — P(L1)(L2) — P(L1)(L2) 17.103.01 0 17.103.01
5 Bed and
Breakfast
C C C CP P 17.10.125
Civic Activities

Page 26 of 92 ends

Activities Primary Base Zones Combining
Zone*
Additional
Regulation
s
RM-1 RM-2 RM-3 RM-4 C*

Administrativ
e
C(L3)(L4)(L
12)
C(L3)(L4)(
L12)
C(L3)(L4)(L1
2)
C(L3)(L4)(L
12)
C(L12)
Health
Care
C(L3)(L4)
(L12)
C(L3)(L4)(
L12)
C(L3)(L4)(L1
2)
C(L3)(L4)(L
12)
C(L12)
Extensive
Impact
C C C C C 17.102.44
0 Commercial Activities
General
Food Sales
C(L3)(L4) C(L3)(L4) C(L3)(L4) C(L3)(L4)
P(L4)(L9)
P(L5)

Full
Service
Restaurants
C(L3)(L4) C(L3)(L4) C(L3)(L4) C(L3)(L4)
P(L4)(L9)
P(L5)

Limited
Service
Restaurant
and Cafe
C(L3)(L4) C(L3)(L4) C(L3)(L4) C(L3)(L4)
P(L4)(L9)
P(L5)

Medical
Service
C(L3)(L4)(L
12)
C(L3)(L4)(
L12)
C(L3)(L4)(L1
2)
C(L3)(L4)
P(L4)(L9)(L
12)
P(L5)(L12)
(L7)

General
Retail Sales
C(L3)(L4) C(L3)(L4)
P(L4)(L9)
C(L3)(L4)
P(L4)(L9)
C(L3)(L4)
P(L4)(L9)
P(L4)(L5)

Consumer
Service
C(L3)(L4) C(L3)(L4) C(L3)(L4)
P(L4)(L9)
C(L3)(L4)
P(L4)(L9)
P(L5) (L7)

Consultative
and Financial
Service
C(L3)(L4)
P(L4)(L9)
C(L3)(L4)
P(L4)(L9)
C(L3)(L4)
P(L4)(L9)
C(L3)(L4)
P(L4)(L9)
P(L5)

Consumer
Cleaning and
C(L3)(L4) C(L3)(L4) C(L3)(L4)P(L
4)(L9)
C(L3)(L4)
P(L4)(L9)
P(L5)

Page 27 of 92 ends

Activities Primary Base Zones Combining
Zone*
Additional
Regulation
s
RM-1 RM-2 RM-3 RM-4 C*
Repair
Service

Administrativ
e
P(L3)(L4)(L
9)(L12)
P(L3)(L4)(
L9)(L12)
P(L3)(L4)(L9)
(L12)
P(L3)(L4)(L
9)(L12)
P(L5)(L12)

Limitations on Table 17.17.01:
* If a base zone an RM Base Zone (RM-1, RM-2, RM-3, or RM-4) also has the C Combining Zone, the C regulations supersede the base zone Base Zone.

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. Emergency Shelters are permitted by-right on properties owned by churches, temples, synagogues, and other similar places of worship s approved for Community Assembly Civic Activities; and within that portion of the Martin Luther King Jr. Way corridor described in Section

17.103.015(A)(1) and subject to the development standards in Section 17.103.015(B); prohibited elsewhere in the zone.

L3. These activities may only be located in an existing ground floor of a Nonresidential Facility that was both built prior to the effective date of this Chapter (April 14, 2011). For the purposes of this limitation, a facility is considered built existing if it received its certificate of occupancy or passed its final building inspection on its building permit. Also, these activities may only operate within the hours of 7:00 a.m. and 10:00 p.m. Notwithstanding anything to the contrary contained in the Planning Code, General Food Sales, Full Service Restaurants, Limited Service Restaurants and Cafes, and General Retail Sales are permitted, and therefore do not require a Conditional Use Permit (CUP), if the total floor area is six hundred (600) square feet or less in a food desert as defined in Section 17.09.040.

L4. The overall outside dimensions of an existing Nonresidential Facility built prior to the effective date of this Chapter (April 14, 2011) devoted to this activity shall not be increased; and no open parking, loading, or production serving such activity shall be relocated or increased in size. For the purposes of this limitation, a facility is considered built existing if it received its certificate of occupancy or passed its final building inspection on its building permit. This regulation supersedes the applicable provisions in Chapter 17.114.

Page 28 of 92 ends

L5. These activities may only be located in an existing Nonresidential Facility that was built prior to April 14, 2011 or on the ground floor of an existing or a new Nonresidential Facility, and may only operate within the hours of 7:00 a.m. and 10:00 p.m.; a Conditional Use Permit (CUP) is required if the facility total floor area devoted to these activities on any single lot exceeds three thousand (3,000) square feet (see Chapter 17.134 for the CUP procedure). For the purposes of this limitation, a facility is considered existing if it received its certificate of occupancy or passed its final building inspection on its building permit.

L7. These activities may only be located in an existing Nonresidential Facility that was built prior to April 14, 2011 or on the ground floor of an existing or a new Nonresidential Facility, and the activity may only operate within the hours of 7:00 a.m. and 10:00 p.m. For the purposes of this limitation, a facility is considered existing if it received its certificate of occupancy or passed its final building inspection on its building permit.

L9. These activities may only be located in an existing ground floor of a Nonresidential Facility that was built prior to the effective date of this Chapter (April 15, 2011). For the purposes of this limitation, a facility is considered built existing if it received its certificate of occupancy or passed its final building inspection on its building permit. Also, these activities may only operate within the hours of 7:00 a.m. and 10:00 p.m.; a Conditional Use Permit (CUP) is required if the total floor area devoted to these activities on any single lot ground floor Nonresidential Facility exceeds one thousand five hundred (1,500) square feet (see Chapter 17.134 for the CUP procedure).

L10. Li
mited Agriculture is permitted outright if the activity occupies less than one (1) acre twenty thousand (20,000) square feet 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).

L11. 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.

L12. N otwithstanding anything to the contrary contained in the Planning Code, a Major Conditional Use Permit is required if these activities are to be located in the residentially zoned areas between 53rd Street, 55th Street, Martin Luther King Jr. Way, and Highway 24 (see Chapter 17.134 for the CUP procedure).

17.17.040 Permitted and conditionally permitted facilities.

Table 17.17.02: Permitted and Conditionally Permitted Facilities

Page 29 of 92 ends

Facilities Base Zones Combining
Zone
Additional
Regulations
RM-1 RM-2 RM-3 RM-4 C*
Residential Facilities
One-Family
Dwelling
P(L1) P(L1) P(L1) P(L1) P(L1) 17.103.080
Two- to Four-
Family Dwelling
CP(L1) P(L1) P(L1) P(L1) Same as
underlying
zone
P(L1)

17.103.080
Multifamily
Dwelling
P(L1) CP(L1) CP(L1) P(L1) Same as
underlying
zone
P(L1)

17.103.080
Rooming House P P P P P

Vehicular P P P P P 17.103.080

17.103.085

Limitations on Table 17.17.02:
* If a base zone an RM Base Zone (RM-1, RM-2, RM-3, or RM-4) also has the C Combining Zone, the C regulations supersede the base zone Base Zone.

L2. Sidewalk cafes are allowed only as an accessory facility to an approved Full Service Restaurant or Limited Service Restaurant and Cafe. The sidewalk cafe may only operate within the hours of 7:00 a.m. to 10:00 p.m. No more than three (3) tables and no more than ten (10) chairs or seats are allowed by right. If more tables or chairs are requested, a Conditional Use Permit (CUP) is required (see Chapter 17.134 for the CUP procedure). See Section 17.103.090 for other regulations regarding Sidewalk Cafes; however, the regulations in this Section supersede any contradicting regulations in Section 17.103.090.

L3. For
RM Zones without the C Combining Zone, Business Signs are only allowed on existing Nonresidential Facilities built prior to the effective date of this Chapter (April 14, 2011); otherwise Chapter 17.104 applies. For the purposes of this limitation, a facility is considered existing built if it received its certificate of occupancy or passed its final building inspection on its building permit.

Also, the maximum aggregate area of display surface of all Business, Civic, and Residential Signs on any one lot shall be 0.5 square foot for each one foot of lot frontage in the case of an interior lot, or 0.25 square feet for each one foot of lot frontage in the case of a corner lot. The aggregate shall include only one face of a double-faced sign. The total amount of aggregate sign area shall not exceed o ne hundred ( 100) square feet on any one property. See Chapter 17.104 for other

Page 30 of 92 ends

regulations regarding Business Signs; however, the regulations in this Section supersede any contradicting regulations in Chapter 17.104.

L4. Business Signs are allowed in the C Combining Zone on existing or new Nonresidential Facilities, otherwise Section 17.104 applies. The maximum aggregate area of display surface of all Business, Civic, and Residential Signs on any one lot shall be one square foot for each one foot of lot frontage in the case of an interior lot, or 0.5 square feet for each one foot of lot frontage in the case of a corner lot. The aggregate shall include only one face of a double-faced sign. The total amount of aggregate sign area shall not exceed one hundred (100) square feet on any one property. See Chapter 17.104 for other regulations regarding Business Signs; however, the regulations in this Section supersede any contradicting regulations in Chapter 17.104.

17.17.050 Property development standards.

A. Zone Specific Standards. Table 17.17.03 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 the standard is not applicable to the specified zone.

Table 17.17.03: Property Development Standards
Development
Standards
Zones Additional
Regulations
RM-1 RM-2 RM-3 RM-4
Minimum Lot Dimensions
Lot Width
mean
45 ft. 20 ft. 25 ft./45 ft. 20
ft.
25 ft. 20 ft. 25 ft. 20 ft. 1
Frontage 25 ft. 20 ft. 25 ft. 20 ft. 25 ft. 20 ft. 25 ft. 20 ft. 1 Lot area 5,000 sf. 2,000
sf.
2,500 sf. /
4,000 sf. /
5,000 sf. 2,000
sf.
4,000 sf. 2,000
sf.
4,000 sf. 2,000
sf.
1 Maximum Residential Density
Permitted
density
1 primary unit
per lot
1-2 units on
any legal lot;

3 units on
minimum
3,000 sf. lots;
1 primary unit
on lots less
than 4,000 sf.;
1-2 units on
any legal lot;
3 units on
minimum
3,000 sf. lots;
1 primary unit
on lots less
than 4,000 sf.;
1-2 units on any
legal lot;
3 units on
minimum 3,000
sf. lots;
1 primary unit
on lots less
than 4,000 sf.;
1-2 units on
any legal lot;
3 units on
minimum
3,000 sf. lots;
2, 3

Page 31 of 92 ends

Development
Standards
Zones Additional
Regulations
RM-1 RM-2 RM-3 RM-4

4 units on
minimum
4,000 sf. lots;

For 5 or more
units – 1 unit
per 1,750 sf. of
lot area

4 units on
minimum
4,000 sf. lots;

For 5 or more
units – 1 unit
per 1,500 sf. of
lot area

2 units on lots
4,000 sf. or
greater

4 units on
minimum 4,000
sf. lots;

For 5 or more
units – 1 unit
per 1,250 sf. of
lot area

2 units on lots
4,000 sf. or
greater

4 units on
minimum
4,000 sf. lots;

For 5 or more
units – 1 unit
per 1,000 sf. of
lot area
For 1 — 4
units, 1 unit
per 1,100 sf. of
lot area; only
on lots 4,000
sf. or greater
Conditionally
permitted
density (only
for lots 4,000
sf. or greater)
2 units For 3 or more
units, 1 unit
per 2,500 sf of
lot area
For 3 or more
units, 1 unit per
1,500 sf of lot
area
For 5 or more
units, 1 unit
per 1,100 sf of
lot area;
2, 3
Minimum Setbacks for Lots Equal to or Greater than 4,000 3,000 Square Feet Minimum
front (≤20%
street-to-
setback
gradient)
20 ft. 15 ft. 20 ft. 15 ft. 15 ft. 15 ft. 4, 5, 7, 18
20 Minimum
front (>20%
street-to-
setback
gradient)
5 ft. 5 ft. 5 ft. 5 ft. 4, 5, 6, 7,
18 20
Minimum
interior side
5 ft. 4 ft. 3 ft. / 4 ft. / 5 ft. 4 ft. 4 ft. 1, 7, 8, 9, 18 20

Page 32 of 92 ends

Development
Standards
Zones Additional
Regulations
RM-1 RM-2 RM-3 RM-4
Minimum
street side
5 ft. 4 ft. 3 ft. / 4 ft. / 5 ft. 4 ft. 4 ft. 1, 4, 7, 8, 10, 18 20
Rear 15 ft. 10 ft. 15 ft. 10 ft. 15 ft. 10 ft. 15 ft. 10 ft. 11, 18 20 Reduced
Setbacks for
Smaller Lots
(Less than
Four
Thousand
(4,000)Square
Feet)
See Table 17.17.04 for reduced setbacks for smaller lots less than 3,000 square feet in size

Maximum
Floor Area
Ratio (FAR)
and Lot
Coverage for
1 or and 2
Units
See Table 17.17.05 for maximum FAR and lot coverage for one or and two dwelling units, excluding any permitted Accessory Dwelling Units
17, 19, 21
Maximum Lot
Coverage for
3 or More
Units
N/A 40% N/A 50% N/A N/A 17, 19, 21
Height Regulations for All Lots with a Footprint Slope of <20% Maximum
wall height
primary
building
25ft. 30 ft. 25ft. 30 ft. 30ft. 35 ft. 35 ft. 12, 13, 14 Maximum
pitched roof
height primary
building
30ft. 35 ft.

30ft. 35 ft.

35 ft. 12, 13, 14
Maximum
height for
15 ft. 15 ft. 15 ft. 15 ft. 12

Page 33 of 92 ends

Development
Standards
Zones Additional
Regulations
RM-1 RM-2 RM-3 RM-4
accessory
structures
Minimum
height of
ground floor
Nonresidential
Facilities
15 ft. 15 ft. 15 ft. 15 ft. 2022

Maximum
Wall Length
Before
Articulation
Required for
all Lots with a
Footprint
Slope of >
20%
40 ft. 40 ft. 40 ft. 40 ft. 15
Minimum
Parking
See Chapter 17.116 for automobile parking and Chapter 17.117 for bicycle parking requirements
14, 15 16,
17 Minimum Open Space
Group open
space per
Regular Unit
or Rooming
Unit
300 sf. 75 sf. 300 sf. 75 sf. 200 sf. 75 sf. 175 sf. 75 sf. 16 18 Group open
space per
Regular Unit
or Rooming
Unit when
private open
space
substituted
100 sf. 25 sf.

100 sf. 25 sf.

85 sf. 25 sf.

70 sf. 25 sf.

16 19

Page 34 of 92 ends

Additional Regulations for Table 17.17.03:

1. See Sections 17.106.010 and 17.106.020 for exceptions to lot area, lot width mean, and street frontage regulations. For the RM-2 Zone in the West Oakland District only (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), the minimum lot width mean shall be reduced to twenty-five (25) feet and the minimum lot area shall be reduced to four thousand (4,000) square feet.
a. Also for the RM-2 Zone in the West Oakland District only, a conditional use permit to further reduce the minimum lot area from four thousand (4,000) square feet (as specific above) to two thousand five hundred (2,500) square feet and the minimum interior side and street side setbacks from four (4) feet (as specified in additional regulation 8. below) to three (3) feet may be granted upon determination that the proposal conforms to the conditional use permit criteria set forth in the conditional use permit procedure in., and to the following additional criteria:
i. Excluding the subject parcel, the prevalent size of existing lots in the surrounding block is three thousand (3,000) square feet or less, and the prevalent frontage width along the same block face is thirty-five (35) feet or less.

2. See Chapter 17.107 for affordable and senior housing incentives; and 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 primary dwelling unit, and the provisions of Section 17.102.300 with respect to dwelling units with five (5) or more bedrooms.

3. See Chapter 17.136 for the applicable design review procedure. A Conditional Use Permit (CUP) for density may be granted only upon determination that the proposal conforms to the general use permit criteria set forth in the CUP procedure in Chapter 17.134. In addition, the CUP in the RM-1 and RM-2 Zones may only be granted upon determination that the proposal conforms to the following additional use permit criteria. In the RM-3 Zone, this CUP may only be granted upon determination that the proposal conforms to additional criteria a., d., and e. a. That the proposed development will not adversely affect adjoining property, nor the surrounding neighborhood, with consideration to be given to density; to the availability of neighborhood facilities and play space to the generation of traffic and the capacity of surrounding streets; and to all other similar, relevant factors; b. That the site design and landscaping and the scale, height, length and width, bulk, coverage, and exterior treatment of structures are in harmony with neighborhood character and with facilities on nearby lots;
c. That the shape and siting of the facilities are such as to minimize blocking of views and direct sunlight from nearby lots and from other Residential Facilities in the surrounding neighborhood;
d. That the design and site planning of the buildings, open areas, parking and service areas, and other facilities provide a convenient, attractive, and functional living environment; and that paths, stairways, accessways, and corridors are designed to minimize privacy impacts;

Page 35 of 92 ends

e. That lot shape, size, and dimensions allow a development which will provide satisfactory internal living conditions without adversely affecting the privacy, safety, or residential amenity of adjacent residences.

4. If adjacent lots abutting the side lot lines of the subject lot both contain principal Residential Facilities that have front setbacks with a depth of less than twenty (20) feet or fifteen (15) feet respectively, the minimum required in this Chapter, the minimum front setback may shall be reduced for buildings and other structures on the subject lot up to a line parallel to the front lot line and extended from the most forward projection of the principal Residential Facility on the adjacent lots having the deeper front setback depth, provided such projection is enclosed, has a wall height of at least eight (8) feet, and has a width of at least five (5) feet. In the case of a corner lot, or lot that has a one or more vacant parcels next to it, this same principal may shall apply if the two (2) lots adjacent to nearest non-vacant lot to each side of a corner lot, or lot along its front lot line to each side of a lot that has one or more vacant parcels next to it, have less than a twenty (20) feet or fifteen (15) feet, respectively, the minimum front setback required in this Chapter (see Illustration for Table 17.17.03 [Additional Regulation 4], below). Also, see Section 17.108.130 for allowed projections into setbacks.

6. In al l RM Residential Zones, the minimum front setback depth otherwise required by the applicable individual zone regulations shall be reduced to five (5) feet on any lot with a street-to- setback gradient that exceeds twenty percent (20%), provided, however, that the distance from the edge of the pavement to a garage or carport elevation containing one or more vehicular entries to the edge of the street or sidewalk pavement, whichever is closer, shall be at least eighteen (18) feet (see Illustration for Table 17.17.03 [Additional Regulation 6], below). See Section 17.108.130 for allowed projections into setbacks.

7. E
xcept as stated below in this limitation, no No front or side setbacks are required for commercial the following facilities in the C Combining Zone:
a. Existing Commercial Facilities;
b. New principal buildings that include ground floor Commercial Facilities; and c. New Commercial Facilities located to the front of a Potential Designated Historic Property (PDHP) or Designated Historic Property (DHP), but only if the height of the new Commercial Facility in the area between the front property line and the front building elevation of the existing historic structure does not exceed fifteen (15) feet.

A side yard of the normally required minimum width in Table 17.17.03 shall be required for new construction or addition along any side lot line abutting except wherever an interior side lot line of any lot located in the C Combining Zone abuts an interior side lot line of any lot that is not located in a C Combining Zone or Commercial Zone, there shall be provided on the former lot, along the abutting portion of its side lot line, a side yard with a minimum width of five (5) feet.(Where it abuts a rear lot line, no side yard is required). Section 17.108.080 still applies.

Also, see Section 17.108.130 for allowed projections into setbacks.

8. For the RM -2 Zone in the West Oakland District only (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), the minimum interior side and street side setbacks for lots equal to or greater than four thousand (4,000) square feet shall be reduced to four (4) feet. See additional regulation 1. above for further reduced interior side and street side setbacks for the

Page 36 of 92 ends

RM-2 Zone in the West Oakland District only; and See Table 17.17.04 for general reduced setbacks for smaller lots, and See also Section 17.108.130 for allowed projections into setbacks.

10. In al l Residential RM Zones, on every corner lot which abuts to the rear a key lot which is in a Residential Zone, there shall be provided on the street side of such corner lot a side setback with a minimum width equal to one-half (½) of the minimum front setback depth required on the key lot and no less than the minimum side setback width required along an interior side lot line of the corner lot. However, such side setback shall only apply to the rear ten (10) feet of the corner lot, and not be required to exceed five (5) four (4) feet in width if it would reduce to less than twenty-five (25) feet the buildable width of any corner lot. Such setback shall be provided unobstructed except for the accessory structures or the other facilities allowed therein by Section 17.108.130. This regulation does not apply to lots within the C Combining Zone (see Illustration for Table 17.17.03 [Additional Regulation 10], below). See also Subsection 17.110.040.C for special controls on location of detached accessory buildings on such corner lots.

13. In
the RM -1 and RM-2 Zones, if at least sixty percent (60%) of the buildings in the immediate context are no more than one (1) story in height, the maximum wall height shall be fifteen (15) feet within the front twelve (12) feet of buildable area. The immediate context shall consist of the five (5) closest lots on each side of the project site plus the ten (10) closest lots on the opposite side of the street; however, the Director of City Planning may make an alternative determination of immediate context based on specific site conditions. Such determination shall be in writing and included as part of any approval of any variance, conditional use permit, design review, determination of exemption from design review, or other special zoning approval or, if no special zoning approval is required, part of any Planning Department approval of a building permit application.
1314. In the RM-2 Zone, the maximum pitched roof height may be increased to thirty-five (35) feet and maximum wall height may increase to thirty (30) feet upon the granting of a Conditional Use Permit (CUP) (see Chapter 17.134 for the CUP procedure). An increased wall height shall only be permitted in conjunction with a project with a pitched roof (a "pitched roof," as used in this Section, is defined as having a vertical to horizontal ratio of a minimum of four in twelve (4:12) slope). In addition to the criteria contained in Section 17.136.050, any proposed increase in roof height must also meet the following use permit criteria:
a. The additional pitched roof height is required to accommodate a roof form that is consistent with the historic context in the neighborhood; and
b. In conjunction with an increased pitched roof height, the additional wall height is required to accommodate a wall height that is consistent with the historic context in the neighborhood.

15. If the total wall length within ten (10) feet of the side lot line exceeds forty (40) feet, then the building wall shall be articulated by at least one (1) section of additional setback. See design guidelines for more specific bulk regulations and context standards. 1416. Off-street parking and loading shall be provided as prescribed in the off-street parking and loading requirements in Chapter 17.116. Bicycle parking shall be provided as prescribed in the bicycle parking regulations in Chapter 17.117. Also, additional parking standards apply within the S-11 and S-12 Zones, as prescribed in Chapters 17.92 and 17.94.

Page 37 of 92 ends

1517. See Section 17.103.080 for additional parking regulations that apply to Accessory Dwelling Units.
1618. U sable 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.
1719. Thi
s regulation does not apply in the C Combining Zone.
1820. See Section 17.103.085 for setback and separation requirements for Vehicular Residential Facilities.

19. Ma ximum Lot Coverage and maximum Floor Area Ratio (FAR) only apply to lots with one to two dwelling units, excluding any permitted Accessory Dwelling Units. See Table 17.17.05 for applicable regulations.

21. Lots less than five thousand (5,000) square feet may have a lot coverage of up to two thousand (2,000) square feet regardless of lot coverage percentage (%) listed. 2022. This height is only required for new principal buildings that include ground floor Nonresidential Facilities and is measured from the sidewalk grade to the second story floor. If the Nonresidential Facility is to be located to the front of a Potentially Designated Historic Property (PDHP) or Designated Historic Property (DHP), this height shall also be the maximum allowed for a Nonresidential Facility in the area between the front property line and the front building elevation of the existing historic structure.

B. Reduced Setbacks for Smaller Lots. Table 17.17.04 below prescribes reduced setback standards for lots less than four thousand (4,000) three thousand (3,000) square feet.

The number designations in the "Additional Regulations" column refer to the regulations listed at the end of the Table.

Table 17.17.04 Reduced Setbacks for Smaller Lot
s (Less than Four Thousand (4,000)
3,000 Square Feet)
Regulation Lot Size Additional
Regulations
≤ 4,000 sf. or ≤ 40
feet wide
< ≤ 3,000 sf. or ≤ 35
feet wide
Minimum Setbacks
Minimum front (≤20% street-to-
setback gradient)
15 ft. 15 ft. 1, 2
Minimum front (>20% street-to-
setback gradient)
5 ft. 5 ft. 1, 2

Page 38 of 92 ends

Minimum interior side 4 ft. 3 ft. 1, 2
Minimum street side 4 ft. 3 ft. 1, 2
Rear 15 ft. 15 ft. 10 ft. 1, 2

Additional Regulations for Table 17.17.04:

1. Except as stated below in this limitation, no front or side setbacks are required for the following facilities in the C Combining Zone:
a. New principal buildings that include ground floor Nonresidential Facilities; and b. New Nonresidential Commercial Facilities associated with a Potential Designated Historic Property (PDHP) or Designated Historic Property (DHP), but only if there is an existing context within the adjoining block face of no front and/or side yard setback. For the purposes of this limitation, an “existing context” of no front or side yard setback means that at least sixty percent (60%) of the existing buildings from street corner to street corner on the same side of the street have no front or side yard setback. If the Commercial Facility is to be located to the front of a PDHP or DHP, the maximum height allowed for the portion of the Commercial Facility between the sidewalk and the existing structure shall be fifteen (15) feet.

A side yard of the normally required minimum width in Table 17.17.04 shall be required for new construction or addition along any side lot line abutting an interior side lot line of any lot that is not located in a C Combining Zone or Commercial Zone. (Where it abuts a rear lot line, no yard is required). Section 17.108.080 still applies. Also, see Section 17.108.130 for allowed projections into setbacks.

No front or side setbacks are required for Commercial Facilities in the C Combining Zone except wherever an interior side lot line of any lot located in the C Combining Zone abuts an interior side lot line of any lot that is not located in a C Combining Zone or Commercial Zone, there shall be provided on the former lot, along the abutting portion of its side lot line, a side yard with a minimum width of four (4) feet for lots less than 4,000 sf. and a minimum width of three (3) feet for lots equal to or less than 3,000 sf. (Where it abuts a rear lot line, no yard is required).

Section 17.108.080 still applies. Also, see Section 17.108.130 for allowed projections into setbacks.

C. Maximum Floor Area Ratio (FAR) and Lot Coverage for One- and Two-Family One and Two Dwelling Units Only. Table 17.17.05 below prescribes FAR and lot coverage standards for one or and two dwelling units associated with the lot sizes listed, excluding any permitted Accessory Dwelling Units. The numbers in the "Additional Regulations" column refer to the regulations listed at the end of the Table.

Table 17.17.05 Maximum Floor Area Ratio (FAR) and Lot Coverage Regulations for One- and Two-Family One and Two Dwelling Units Only
Regulation Lot Size in Square Feet

Page 39 of 92 ends

<5,000
6,000
≥5,000
6,000
and
<12,000
≥12,000
and
<25,000
≥25,000
and
<43,560
≥43,560
Additional
Regulations

Maximum FAR for Lots
with a Footprint Slope
>20%

0.55 0.50 0.45 0.30 0.20 1, 2
Maximum Lot Coverage
(%)
40%
55%
40% 45%

30% 20% 15% 2, 3

Additional Regulations for Table 17.17.05:

1. Maximum Floor Area Ratio (FAR) only applies to lots that have a footprint slope of greater than twenty percent (20%). Lots less than five thousand (5,000) four thousand (4,000) square feet may have a minimum of two thousand (2,000) square feet of floor area, regardless of FAR listed.

2. Regulation does not apply in the C Combining Zone.

3. Lots less than five thousand (5,000) four thousand (4,000) square feet may have a lot coverage of up to two thousand (2,000) square feet regardless of lot coverage percentage (%) listed.

17.17.070 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 40 of 92 ends

Chapter 17.19 RU URBAN RESIDENTIAL ZONES REGULATIONS

17.19.010 Title, intent, and description.

A. Title and Intent. The provisions of this Chapter shall be known as the RU Urban Residential Zones Regulations. The intent of the Urban Residential (RU) Zones is to create, maintain, and enhance areas of the City that are appropriate for multi-unit, mid-rise or high-rise residential structures in locations with good access to transportation and other services.

17.19.030 Permitted and conditionally permitted activities.

Table 17.19.01: Permitted and Conditionally Permitted Activities Activities Zones Additional
Regulation
s RU-1 RU-2 RU-3 RU-4 RU-5
Residential Activities
Permanent P P P P P

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

Transitional
Housing

P P P P P

Emergency Shelter — P(L1)(L2) C(L1)
P(L1)(L2)

P(L1)(L2) P(L1)(L2) P(L1)(L2) 17.103.010

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

Bed and Breakfast C C C C
P

C
P

17.10.125
Commercial Activities
General Food
Sales
C(L6)(L7) C(L6)(L7) C(L6)(L7)
P(L7)(L9)
P(L3)(L4) P(L3)(L5)

Full Service
Restaurants
C(L6)(L7) C(L6)(L7) C(L6)(L7)
P(L6)(L7)
P(L3)(L4) P(L3)(L5)

Page 41 of 92 ends

Activities Zones Additional
Regulation
s RU-1 RU-2 RU-3 RU-4 RU-5
Limited Service
Restaurant and Cafe
C(L6)(L7) C(L6)(L7) C(L6)(L7)
P(L6)(L7)
P(L3)(L4) P(L3)(L5)

Convenience
Market
— — — C(L4) C(L5) 17.103.030
Administrative P(L7)(L12) P(L7)(L1
2)
P(L7)(L9)(L
12)
P(L3)(L4) P(L3)(L5)

Business,
Communication, and
Media Services
P(L7)(L9) P(L7)(L9) P(L7)(L9) P(L3)(L2)
(L4)
P(L3)(L5)

Research Service P(L7)(L12) P(L7)(L1
2)
P(L7)(L9) P(L3)(L4) P(L3)(L5)

Limitations on Table 17.19.01:

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 those portions of Martin Luther King Jr. Way, San Pablo Avenue, and Macarthur Boulevard corridors described in Section 17.103.015(A)(1)(4)(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.

Limitation L1 above.

L3. The total ground floor area devoted to these activities on the ground floor by any single establishment may only exceed five-thousand (5,000) square feet upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure).

L4. In the RU -4 Zone, these activities may only be located either in an existing Nonresidential Facility that was built prior to April 14, 2011, or on the ground floor of a new Nonresidential Facility on a corner parcel. or in an existing Nonresidential Facility that was built prior to the effective date of this Chapter (April 14, 2011). For the purposes of this limitation, a facility is

Page 42 of 92 ends

considered built existing if it received its certificate of occupancy or passed its final building inspection on its building permit.

L5. In the RU -5 Zone, these activities may only be located either on the ground floor of a facility constructed after the effective date of this Chapter (April 14, 2011) or in an existing Nonresidential Facility that was built prior to the effective date of this Chapter (April 14, 2011) or on the ground floor of a new Nonresidential Facility. For the purposes of this limitation, a facility is considered built existing if it received its certificate of occupancy or passed its final building inspection on its building permit.

L6.

In the RU-1, RU-2, and RU-3 Zones, these activities may only be located in an existing ground floor of a Nonresidential Facility that was built prior to the effective date of this Chapter (April 14, 2011). For the purposes of this limitation, a facility is considered built existing if it received its certificate of occupancy or passed its final building inspection on its building permit.

Also, these activities may only operate within the hours of 7:00 a.m. and 10:00 p.m.

L7. In the RU -1, RU-2, and RU-3 Zones, the overall outside dimensions of an existing Nonresidential Facility built prior to the effective date of this Chapter (April 14, 2011) devoted to this activity shall not be increased; and no open parking, loading, or production serving such activity shall be relocated or increased in size. For the purposes of this limitation, a facility is considered built existing if it received its certificate of occupancy or passed its final building inspection on its building permit. This regulation supersedes the applicable provisions in Chapter 17.114.

L9. Thes e activities may only be located in an existing ground floor of a Nonresidential Facility that was built prior to the effective date of this Chapter (April 14, 2011). For the purposes of this limitation, a facility is considered built existing if it received its certificate of occupancy or passed its final building inspection on its building permit. These activities may only operate within the hours of 7:00 a.m. and 10:00 p.m.; a A Conditional Use Permit (CUP) is required if the facility total floor area devoted to these activities on any single lot exceeds three thousand (3,000) square feet (see Chapter 17.134 for the CUP procedure).

L10. S ee 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.

L12. These activities may only be located in an existing ground floor of a Nonresidential Facility that was built prior to the effective date of this Chapter (April 14, 2011). For the purposes of this limitation, a facility is considered existing if it received its certificate of occupancy or passed its final building inspection on its building permit. These activities may only operate within the hours of 7:00 a.m. and 10:00 p.m.; a Conditional Use Permit is required if the facility total floor area devoted to these activities on any single lot exceeds one thousand five hundred (1,500) square feet (see Chapter 17.134 for the CUP procedure).

L13. Li mited Agriculture is permitted outright if the activity occupies less than one (1) acre twenty thousand (20,000) square feet 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

Page 43 of 92 ends

activity is larger in either land area, or in sales area, frequency, or hours of operation (see Chapter 17.134 for the CUP procedure).

17.19.040 Permitted and conditionally permitted facilities.

Table 17.19.02: Permitted and Conditionally Permitted Facilities Facilities Zones Additional
Regulations
RU-1 RU-2 RU-3 RU-4 RU-5
Residential Facilities
One-Family Dwelling P(L1) P(L1) P(L1) —(L1) —(L1) 17.103.080 Two- to Four-Family Dwelling P(L1) P(L1) P(L1) P(L1) P(L1) 17.103.080 Multifamily Dwelling P(L1) P(L1) P(L1) P(L1) P(L1) 17.103.080 Rooming House P C
P
C
P
P P

Vehicular P P P P P 17.103.080

17.103.085

Limitations on Table 17.19.02:

L1. See Section 17.103.080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units. Also applicable are the provisions of Chapter 17.114, Nonconforming Uses, for additions and alterations to legal nonconforming Residential Facilities, provided, however, that in the RU-4 and RU-5 Zones, Accessory Dwelling Units are permitted when there is an existing One-Family Dwelling on a lot, subject to the provisions of Section 17.103.080 and Chapter

17.88. L4. Sidewalk cafes are allowed only as an accessory facility to an approved Full Service Restaurant or Limited Service Restaurant and Cafe. The sidewalk cafe may only operate within the hours of 7:00 a.m. to 10:00 p.m. No more than three (3) tables and no more than ten (10) chairs or seats are allowed by right. If more tables or chairs are requested, a Conditional Use Permit (CUP) is required (see. for the CUP procedure). See Section 17.103.090 for other regulations regarding Sidewalk Cafes; however, the regulations in this Section supersede any contradicting regulations in Section 17.103.090.

17.19.050 Property development standards.

A. Zone Specific Standards. Table 17.19.03 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.

Page 44 of 92 ends

Table 17.19.03: Property Development Standards
Development Standards Zones Additional
Regulations
RU-1 RU-2 RU-3 RU-4 RU-5
Minimum Lot Dimensions
Lot Width mean 25 ft. 25 ft. 25 ft. 25 ft. 25 ft. 1
Frontage 25 ft. 25 ft. 25 ft. 25 ft. 25 ft. 1
Lot area 4,000 sf.
2,500 sf.
4,000 sf.
2,500 sf.
4,000
sf.
4,000 sf. 4,000 sf. 1
Maximum Residential Density
Permitted density for
Regular Dwelling Units
1 unit per
1,100 sf.
1,000 sf. of
lot area
1 unit per
800 sf. 750
sf. of lot
area
1 unit
per 450
sf. of lot
area
See
Table

17.19.04 See
Table

17.19.04 2
Permitted density for
Rooming Units
N/A 1 unit
per 500 sf.
of lot area
1 unit per
800 sf. 375
sf. of lot
area
1 unit
per 225
sf. 450
sf. of lot
area
See
Table

17.19.04 See
Table

17.19.04 Permitted density for
Efficiency Dwelling
Units
N/A 1 unit
per 500 sf.
of lot area
1 unit per
800 sf. 375
sf. of lot
area
1 unit
per 225
sf. 450
sf. of lot
area
See
Table

17.19.04 See
Table

17.19.04 Minimum Setbacks for Lots Equal to or Greater than 3,000 Square Feet Minimum front (≤20%
street-to-setback
gradient) for Residential
Facilities
15 ft. 10 ft. 10 ft. 5 ft. 0 ft. 3, 4, 5, 6,
20 Minimum front (>20%
street-to-setback
gradient) for Residential
Facilities
5 ft. 5 ft. 5 ft. 5 ft. 5 ft. 3, 4, 5, 6,
20

Page 45 of 92 ends

Development Standards Zones Additional
Regulations
RU-1 RU-2 RU-3 RU-4 RU-5
Minimum front for
Commercial Facilities
15 ft.
10 ft.
10 ft. 10 ft.
5 ft.
0 ft. 0 ft. 3, 20
Minimum interior side 4 ft. 4 ft. 0 ft.
3 ft.
0 ft. 0 ft. 3, 7, 8, 20
Minimum street side 4 ft. 4 ft. 4 ft.
3 ft.
0 ft. 0 ft. 3, 4, 7, 9,
20 Rear (Residential
Facilities)
15 ft.
10 ft.

15 ft.
10 ft.

10 /15 ft. 10 /15 ft. 3, 7, 10, 11,
20 Rear (Nonresidential
Facilities)
15 ft.
10 ft.

15 ft.
10 ft.

15 ft.
10 ft.
0/10/15
ft.
0/10/15
ft.
3, 10, 11
Reduced Setbacks for Smaller Lots (Less than 3,000 Square Feet) < 3,000 sf. or < 35 ft. wide
Minimum interior side 3 ft. 3 ft. 0 ft. N/A N/A 3, 8, 20 Minimum street side 3 ft. 3 ft. 3 ft.

N/A
N/A N/A 3, 4, 8, 20
Height Regulations
Minimum height of
ground floor
Nonresidential Facilities
N/A
15 ft.

N/A
15 ft.

N/A
15 ft.
15 ft. 15 ft. 12
Minimum separation
between the grade and
ground floor living space
N/A N/A N/A N/A 2.5
ft.

2.5 ft. 13
Maximum height
primary building
40 ft.
45 ft.
50 ft.
55 ft.
60 ft.
65 ft.

See
Table

17.19.04 See
Table

17.19.04 14, 15
Maximum height for
accessory structures
15 ft. 15 ft. 15 ft. See
Table

17.19.04 See
Table

17.19.04

Page 46 of 92 ends

Development Standards Zones Additional
Regulations
RU-1 RU-2 RU-3 RU-4 RU-5
Minimum Usable Open Space
Group usable open
space per Regular
Dwelling Unit
175 sf.
75 sf.
175 sf.
75 sf.
150 sf.
75 sf.

See
Table

17.19.04 See
Table

17.19.04 19
Group usable open
space per Regular
Dwelling Unit when
private open space is
substituted
50 sf.
20 sf.
30 sf.
20 sf.
30 sf.
20 sf.

See
Table

17.19.04 See
Table

17.19.04 19
Group usable open
space per Rooming Unit
85 sf.
38 sf.
85 sf.
38 sf.
75 sf.
38 sf.

See
Table

17.19.04 See
Table

17.19.04 19
Group usable open
space per Rooming Unit
when private open
space substituted
15 sf.
10 sf.
15 sf.
10 sf.
15 sf.
10 sf.

See
Table

17.19.04 See
Table

17.19.04 19
Group usable open
space per Efficiency
Dwelling Unit
85 sf.
38 sf.
85 sf.
38 sf.
75 sf.
38 sf.

See
Table

17.19.04 See
Table

17.19.04 19
Group usable open
space per Efficiency
Dwelling Unit when
private open space
substituted
15 sf.
10 sf.
15 sf.
10 sf.
15 sf.
10 sf.

See
Table

17.19.04 See
Table

17.19.04 19

Additional Regulations for Table 17.19.03:

5. In the RU-1 Zone, if adjacent lots abutting the side lot lines of the subject lot both contain principal Residential Facilities that have front setbacks with a depth of less than fifteen (15) feet the minimum required in this Chapter, the minimum front setback may shall be reduced for buildings and other structures on the subject lot up to a line parallel to the front lot line and extended from the most forward projection of the principal Residential Facility on the adjacent lots having the deeper front setback depth, provided such projection is enclosed, has a wall height of at least eight (8) feet, and has a width of at least five (5) feet. In the case of a corner lot, or lot that has a vacant parcel one or more vacant parcels next to it, this same principal may shall apply if the two (2) lots adjacent to the corner lot nearest non-vacant lot to each side of a

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corner lot, or lot along its front line to each side of a lot that has one or more vacant parcels next to it, have less than a fifteen (15) foot the minimum front setback required in this Chapter (see Illustration for Table 17.19.03 [Additional Regulation 5], below). Also, see Section 17.108.130 for allowed projections into setbacks.
6 In al l Residential RU Zones, the minimum front setback otherwise required by the applicable individual zone regulations shall be reduced to five (5) feet on any lot with a street-to-setback gradient that exceeds twenty percent (20%), provided, however, that the distance from the edge of the pavement to a garage or carport elevation containing one or more vehicular entries minimum length of any driveway or parking pad accommodating one or more parking spaces between the front property line and the front building elevation shall be at least eighteen (18) feet (see Illustration for Table 17.19.03 [Additional Regulation 6], below). See Section

17.108.130 for allowed projections into setbacks.

8. Wher
ever an interior side lot line of any lot located in the RU -3, RU-4, or RU-5 Zone 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 of any lot located in the RU-3, RU-4, or RU-5 Zone abuts an interior side lot line in an RM or RU-1 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 in an RU-3, RU-4, or RU-5 lot abuts a side yard of an RU-1 or RU-2 lot, a side setback of four (4) feet is required (see Illustration for Table 17.19.03 [Additional Regulation 8] below).

9. When the r ear 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 17.19.03 [Additional Regulation 9], below).

11. When a r ear lot line in the RU-4 or RU-5 Zones 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 of a lot in these zones 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.

12. Thi s height is only required for new principal buildings with ground floor Nonresidential Facilities, and is measured from the sidewalk grade to the ground floor ceiling second story floor.

13. This regulation only applies to new Residential Facilities and ground floor living space located within fifteen (15) feet of a street frontage.

14. Buildings in the RU 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 may 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 the applicable setback line (see Illustration for

Page 48 of 92 ends

Table 17.19.03 [Additional Regulation 14], below). Also, see Section 17.108.030 for allowed projections above height limits and Section 17.108.020 for increased height limits for civic buildings.

15. In the RU-2 and RU-3 Zone, a building may only exceed forty (40) forty-five (45) feet in height up to the maximum height if each portion above forty (40) forty-five (45) feet is: S set back from the inner line of each of the any minimum side setback, s, if any, required by Subsection 17.28.150.C.1 a minimum horizontal distance equal to one (1) foot for each four (4) feet by which it extends above the height of forty (40) forty-five (45) feet; and set back from the inner line of the any minimum rear yard, required by Subsection 17.28.150.D a minimum horizontal distance equal to one (1) foot for each two (2) feet by which it extends above the height of forty (40) forty-five (45) feet, provided, however, that such setback from the inner line of the any minimum rear yard need not exceed forty (40) twenty (20) feet (see Illustration for Table 17.19.03 [Additional Regulation 15], below).

B. Height, Floor Area Ratio (FAR), Density, and Open Space for the RU-4 and RU-5 Zones Only. Table 17.19.04 below prescribes height, FAR, intensity, 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 17.19.04 Height, Floor Area Ratio (FAR), Density, and Open Space Regulations for the RU-4 and RU-5 Zones Only
Regulation Height Area Additional
Regulations
35 45 60
65 75 90
95 120
125
Maximum Height 35 ft. 45 ft. 60 ft.
65 ft.

75 ft. 90 ft.
95 ft.

120
ft.
125
ft.

1, 2
Height Minimum
Permitted height minimum N/A N/A 35 ft. 35 ft. 35 ft.
45 ft.
35 ft.
55 ft.
3 Conditionally permitted height
minimum
N/A N/A 25 ft. 25 ft. 25 ft.
35 ft.
25 ft.
45 ft.
3 Maximum Residential Density (square feet of lot area required per dwelling unit)

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Regulation Height Area Additional
Regulations
35 45 60
65 75 90
95 120
125
Regular Dwelling Units 550 sf.
500 sf.

450 sf.
400 sf.

375
sf.
300
sf.
275 sf. 225
sf.
200
sf.
225
sf.
200
sf.
4, 5
Rooming Units 550 sf.
250 sf.

450 sf.
200 sf.

375
sf.
150
sf.
275 sf. 225
sf.
100
sf.
225
sf.
100
sf.
4, 5
Efficiency Dwelling Units 250 sf. 200 sf. 150
sf.
100
sf.
100
sf.
4, 5
Maximum Nonresidential FAR 2.0 2.5 3.0 4.0 4.0 4.0 4, 5 Maximum Number of Stories
(not including underground
construction)
3 4 5
6 7 8 11
12 Minimum Usable Open Space
Group usable open space per
Regular Dwelling Unit
150 sf.
75 sf.

150 sf.
75 sf.

150
sf.
75 sf.
150 sf. 100
sf.
75 sf.
100
sf.
75 sf.
6 Group usable open space per
Regular Dwelling Unit when
private open space substituted
30 sf.
20 sf.
30 sf.
20 sf.
30 sf.
20 sf.
30 sf. 20 sf. 20 sf. 6
Group usable open space per
Rooming Unit
75 sf.
38 sf.
75 sf.
38 sf.
75 sf.
38 sf.
75 sf. 50 sf.
38 sf.
50 sf.
38 sf.
6 Group usable open space per
Rooming Unit when private open
space is substituted
15 sf.
10 sf.
15 sf.
10 sf.
15 sf.
10 sf.
15 sf. 10 sf. 10 sf. 6
Group usable open space per
Efficiency Dwelling Unit
75 sf.
38 sf.
75 sf.
38 sf.
75 sf.
38 sf.
75 sf. 50 sf.
38 sf.
50 sf.
38 sf.
6

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

Additional Regulations for Table 17.19.04:

2. Buildings in the RU Zones shall have a thirty (30) foot maximum height at the setback line along any rear or interior side lot line that abuts 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 may 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. 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. N o 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.

17.19.060 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 RU 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 RU 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.

17.19.070 Other zoning provisions.

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Chapter 17.30 R-80 HIGH-RISE APARTMENT RESIDENTIAL ZONE REGULATIONS

17.30.010 Title, purpose, and applicability.

The provisions of this Chapter shall be known as the R-80 High-Rise Apartment Residential Zones Regulations. The intent of the High-Rise Apartment Residential (R-80) Zone is to create, preserve, and enhance areas for high-rise apartment living at high densities in desirable settings, and is typically appropriate to areas near major shopping and community centers and rapid transit stations. These regulations shall apply in the R-80 Zone.

17.30.050 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; 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:

Full Service Restaurant
Limited Service Restaurant and Cafe

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Administrative, but only if the total floor area devoted to these activities by any single establishment 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) Personal Instruction and Improvement Services
Consumer Service (see Section 17.102.170 for special regulations relating to massage services)
Consultative and Financial Service, but only if the total floor area devoted to these activities by any single establishment 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) DC. 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 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)

17.30.060 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 Conditional Use Permit pursuant to the conditional use permit 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:

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

General Food Sales
Full Service Restaurant
Limited Service Restaurant and Cafe
Convenience Market
Alcoholic Beverage Sales
Medical Service

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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, but limited to the provision of advice, designs, information, or consultation of a professional nature
CD. Agricultural and Extractive Activities:

Extensive Agriculture, with additional use permit criteria that 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
DE. Off-street parking serving activities other than those listed above or in Section

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

EF. A ctivities 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.

17.30.070 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

17.30.090 Special regulations applying to certain commercial activities.

All General Food Sales, Full Service Restaurant, Limited Service Restaurant and Cafe, Convenience Market, Alcoholic Beverage Sales, and Consumer Service Commercial Activities shall, except for off-street parking and loading and maintenance of accessory landscaping and screening, be conducted entirely within enclosed portions of Multifamily Dwelling or Rooming House Residential Facilities, with customer access only through the lobby of such a facility. The maximum floor area devoted to such activities by any single establishment shall be one thousand five hundred (1,500) square feet. No Business Signs or display windows shall be provided for such activities. See also Section 17.103.030.

17.30.110 Use permit criteria for commercial activities.

A. General Food Sales, Full Service Restaurant, Limited Service Restaurant and Cafe, Convenience Market, Fast-Food Restaurant, Alcoholic Beverage Sales, or Consumer Service. A conditional use permit for General Food Sales, Full Service Restaurant, Limited Service

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Restaurant and Cafe, Convenience Market, Fast-Food Restaurant, Alcoholic Beverage Sales, or Consumer Service Commercial Activities may be granted only upon determination that the proposal conforms to the general use permit criteria set forth in the conditional use permit procedure in Chapter 17.134, and that the proposed activities are intended primarily to serve residents of the facility within which the activities are to be located. See also Section

17.103.030.

B. Consultative and Financial Service. A conditional use permit for Consultative and Financial Service Commercial Activities may be granted only upon determination that the proposal conforms to the general use permit criteria set forth in the conditional use permit procedure in Chapter 17.134 and to both of the following additional criteria:

1. That the proposal involves preservation of an existing building which is architecturally or culturally significant, or which will substantially contribute to the livability of abutting properties and the surrounding neighborhood by providing architectural variety, lower bulk and coverage than otherwise permitted, and a generous amount of open space and landscaping;

2. That the proposed activity will generate little or no vehicular and pedestrian traffic beyond that represented by persons working on the premises.

17.30.140 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 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. C
onditionally 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.

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

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17.30.180 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 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.

17.30.200 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 R-80 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 R-80 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. Lar
ge-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 Conditional Use Permit pursuant to the Conditional Use Permit 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 17.94 S-12 RESIDENTIAL PARKING COMBINING ZONE REGULATIONS

17.94.010 Title, purpose, and applicability.

The provisions of this Chapter shall be known as the S-12 Residential Parking Combining Zone Regulations. The Residential Parking Combining (S-12) Zone is intended to create, preserve, and enhance areas with high concentrations of Residential Facilities, to ensure that adequate off-street parking is provided for those facilities, and to maximize the general availability of on- street parking, and is typically appropriate in high density residential neighborhoods, adjacent to commercial areas, and other neighborhoods where high concentrations of Residential Facilities may contribute to on-street parking congestion. These regulations shall apply in the S-12 Zone, and are supplemental to the regulations applying in the zones with which the S-12 Zone is combined.

17.94.030 Activities to which S-12 Zone regulations apply.

The driveway regulations set forth in Section 17.94.080, the on-street parking regulations set forth in Section 17.94.100, and the related review and approval by the City Traffic Engineer set forth in Section 17.94.120, shall apply to all activities located in the S-12 Zone. All other provisions of the S-12 Zone shall apply only to Residential Activities located in the S-12 Zone and occupying any One-Family Dwelling, Two- to Four-Family Dwelling, or Multifamily Dwelling Residential Facility. The off-street parking requirements of all other activities located in the S-12 Zone shall be as set forth in Chapter 17.116.

17.94.040 Off- street parking regulations—Residential Activities.

Except as otherwise provided in Sections 17.116.020 and 17.116.030, and subject to the calculation rules set forth in Section 17.116.050, the following amounts of off-street parking are required for all Residential Activities located in the S-12 Zone and occupying any One-Family Dwelling, Two-Family Dwelling, or Multifamily Dwelling Residential Facility. Such required parking shall be developed and maintained pursuant to the provisions of Section 17.94.050 through 17.94.090, unless an alternate parking layout is approved pursuant to Section

17.94.110. The special exceptions to parking requirements set forth in Section 17.116.110 shall not apply in the S-12 Zone.

A. Basic Requirement. One (1) off-street parking space shall be provided for each three (3) habitable rooms in the facility, as determined by the definition of "habitable rooms, number of in Section 17.09.040 and rounded to a whole number in accordance with the rules of Section

17.116.050, or the same number of spaces as required by the underlying base zone pursuant to Section 17.116.060 without regard to the provisions of the S-12 regulations, whichever is greater. Such parking shall be designated and permanently maintained for the use of residents of the facility.

B. Visitor Parking. Where the basic requirement of Subsection A. of this Section is five (5) spaces or more, an additional 0.2 spaces shall be provided for each dwelling unit in the facility, rounded to a whole number in accordance with the rules of Section 17.116.050. Such parking spaces shall be designated and permanently maintained for the use of visitors of the facility.

C. Handicapped Parking. Handicapped parking spaces shall be provided pursuant to the provisions of the California State Accessibility Standards contained in Parts 2, 3, and 5 of Title

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24 of the California Administrative Code. Such spaces shall count towards the requirements of Subsections A. and B. of this Section, and shall not be in addition to those requirements.

17.94.050 Standards for provided required parking facilities.

The standards for provided required parking and loading facilities set forth in Article IV of Chapter 17.116 of the Oakland Planning Code, and the provisions of Chapters 12.04, 12.08, and 12.52 of the Oakland Municipal Code, shall apply in the S-12 Zone, except as specified in Sections 17.94.060 through 17.94.100 17.94.090. All provided required parking spaces and associated maneuvering aisles, driveways, and other related features shall be of such design and arrangement as to provide motor vehicles with adequate ingress to and egress from all required parking spaces, and to provide pedestrians with adequate access to parked vehicles.

17.94.060 Parking spaces.

The requirements of this Section shall apply only to Residential Activities located in the S-12 Zone and occupying any One-Family Dwelling, Two- to Four-Family Dwelling, or Multifamily Dwelling Residential Facility, and supersede the parking space dimensions set forth in Section

17.116.200 and the tandem space requirements set forth in Section 17.116.240.

B. M
ixture of Parking Space Types. Up to fifty percent (50%) of the provided required parking spaces may be compact spaces, provided that at least fifty percent (50%) of the required spaces are regular and/or handicapped spaces. Alternatively, when five (5) or more parking spaces are required, up to seventy-five percent (75%) of the required spaces may be intermediate spaces, provided that if any required spaces are compact spaces, an equal or greater number of the required spaces shall be regular and/or handicapped spaces. The requirements of this Subsection shall apply separately to the parking spaces required by Section 17.94.040A and to the parking spaces required by Section 17.94.040B Chapter 17.116.

C. Location of Parking Spaces. On any lot located in the S-12 Zone and containing a One- Family Dwelling, Two- to Four-Family Dwelling, or Multifamily Dwelling Residential Facility, no parking spaces shall be located between the front lot line and the front wall of the facility or its projection across the lot, except upon the granting of a conditional use permit Conditional Use Permit pursuant to the conditional use permit Conditional Use Permit procedure in Chapter

17.134 and upon determination that:

1. The par king spaces are required by Section 17.94.040; and

12. There is no other feasible way to provide the required parking; and

23. The applicable requirements of the buffering regulations in Chapter 17.110 are met.; and

4. If the facility contains three (3) or more dwelling units, criteria 11 through 16 of the design review criteria for high density housing, pertaining to pedestrian entries, auto entries, landscaping, and accessories, are fully satisfied.

D. Tandem Spaces. Parking spaces required by Section 17.94.040.A may be tandem spaces provided that:

1. At least one (1) independent parking space shall be permanently assigned to each dwelling unit in the facility; and

2. For each pair of tandem spaces, both the independent space and the dependent space shall be permanently assigned to the same dwelling unit; and

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3. At least one (1) space in each pair shall be a regular parking space.

17.94.070 Maneuvering aisles.

17.94.080 Driveways.

The requirements of this Section shall apply to all activities located in the S-12 Zone, and supersede the minimum driveway width set forth in Section 17.116.210 of the zoning regulations and the requirements for driveway openings set forth in Subsections A. and B. of Section

12.04.270 of the Oakland Municipal Code Oakland Planning Code.

C. Requirement for Wider Driveway et at Discretion of City Traffic Engineer. At his or her discretion, pursuant to Section 17.94.120, the City Traffic Engineer may require a two-lane driveway for off-street parking facilities which would ordinarily require a one-lane driveway; and may require a wider driveway and driveway opening for a Nonresidential Facility located in the S-12 Zone if such driveway and driveway opening serve vehicular activities other than, or in addition to, the parking of automobiles. The width of such nonresidential driveway and driveway opening shall not exceed thirty-five (35) feet, as specified in Section 17.09.270A of the Oakland Municipal Code.

17.94.090 Other dimensional requirements.

17.94.100 On-street parking regulations.

The requirements of this Section shall apply to all activities located in the S-12 Zone, and supersede the minimum driveway separations set forth in Subsections C. and D. of Section

12.04.270 of the Oakland Municipal Code.

A. Requirement to Maximize On-Street Parking Spaces. The placement of driveway openings, fire hydrants, street trees, lampposts, signs, and any other potential obstacles to the usability of on-street parking shall be arranged so as to maximize the number of usable on- street parking spaces immediately in front of, and adjacent to, the lot containing the activity.

Where the lot containing the activity has frontage on more than one street, the number of usable on-street parking spaces shall be maximized along all frontages. The method for calculating the number of required usable on-street parking spaces shall be as set forth in Subsection B. of this Section.

B. Calculation Rules for Required On-Street Parking Spaces. The number of usable on- street parking spaces required by Subsection A. of this Section shall be determined as set forth in steps 1 through 4 below. All measurements shall be in feet.

1. Measure the distance between the nearest parking obstructions on either side of the lot containing the activity.

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2. Subtract the width of the driveway opening or openings provided pursuant to Section

17.94.080, plus one and one-half (1½) feet on either side of each driveway opening.

3. Subtract the width of any other parking obstructions immediately in front of the lot that presently exists or that would be constructed, located, or moved in conjunction with construction of the proposed driveway opening or openings.

4. Divide the number obtained in step 3 by twenty (20) feet.

The number thus obtained, disregarding any fractional part thereof, shall be the number of usable on-street parking spaces required by Subsection A. of this Section.

C. Definition of Parking Obstructions. For purposes of this Section, parking obstructions are any features, other than posted time limitations, which preclude or restrict the parallel on-street parking of an automobile, including but not limited to, the following:

1. Any existing driveway opening plus one and one-half (1½) feet on either side;

2. Any existing or required fire hydrant plus five (5) feet on either side;

3. Any marked or unmarked crosswalk, plus a distance on either side to be determined by the City Traffic Engineer;

4. Any red, yellow, green, white, blue, or other colored curb established by the City Traffic Engineer;

5. Any area posted by the City Traffic Engineer for "No Parking Any Time";

6. Any posted bus stop, the length of which shall be determined by the City Traffic Engineer if the curb is not marked;

7. Any handicapped curb cut, plus a distance on either side to be determined by the City Traffic Engineer;

8. Any metered parking space established by the City Traffic Engineer;

9. Any parking space signed or marked by the City Traffic Engineer for angle parking;

10. At approximate right-angle intersections, the curb return plus the area between the curb return and a point the following distance from the intersection of the curb lines projected: twenty (20) feet on the near side of the intersection, or ten (10) feet on the far side of the intersection, measured in the normal direction of vehicular travel. If no curb exists, the edge of the roadway where such curb return and the area specified above would be located;

11. Any section of curb or roadway edge located between any two parking obstructions as defined in Subsections (C)(1) through (C)(10) of this Section, that is currently, and that will remain, too short to be a usable on-street parking space as defined in Subsection D. of this Section;

12. Any section of curb or roadway edge along which the City Traffic Engineer determines that it is unsafe to park an automobile.

D. Definition of Usable On-Street Parking Space. For purposes of this Section, a usable on- street parking space is a section of unmarked curb or roadway edge twenty (20) feet in length which does not contain any of the parking obstructions defined in Subsection C. of this Section.

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E. Determination by City Traffic Engineer in Special Circumstances. Where the street frontage of the lot containing the activity is in a parking meter zone or an area signed or marked for angle parking, or where the special characteristics of the proposed activity would preclude maximizing the number of usable on-street parking spaces, or in other special circumstances where the rules of Subsection B. of this Section cannot reasonably be applied, the number of required usable on-street parking spaces, and the required placement of driveway openings and other potential obstacles to usable on-street parking shall be determined by the City Traffic Engineer.

17.94.110 Alternate parking layouts.

Layouts of off-street parking spaces, maneuvering aisles, driveways, driveway openings, and other related features different from those prescribed in Sections 17.94.060 through 17.94.090 may be approved with a conditional use permit Conditional Use Permit granted pursuant to the conditional use permit Conditional Use Permit procedure in Chapter 17.134 and upon determination that:

A. The num ber of off-street parking spaces required by Section 17.94.040 are provided in the mixture of types set forth in Section 17.94.060.B; and B. The alternate parking layout is approved by the City Traffic Engineer pursuant to Section

17.94.120.

17.94.120 Review and approval by City Traffic Engineer.

The design and layout of all on-street parking spaces and off-street parking facilities subject to required by the S-12 Zone regulations, including maneuvering aisles, driveways, driveway openings, and other related features, shall be subject to review and approval by the City Traffic Engineer. He or she shall ensure that the maximum feasible number of on-street parking spaces has been provided, that adequate ingress to and egress from each required off-street parking space is provided is for a vehicle of the appropriate size, and that ingress to and egress from the off-street parking facility is possible with minimal disruption of traffic on the adjacent street.

In his or her review, he or she shall consider the structural requirements of the facility; the length of the driveway and distance from parking spaces to the adjacent street; any loading berths or other vehicular activities served by the driveway; the average daily traffic, lane widths, and other pertinent characteristics of the adjacent street; and any other relevant factors. Notwithstanding the requirements of Sections 17.94.060 through 17.94.100 17.94.090, he or she may require such modifications to the design and layout of such on-street parking spaces and off-street parking facilities as in his or her judgment are necessary to ensure the safe and efficient operation of such spaces and facilities.

17.94.130 Exceptions, variances, and ap
peals.

A. Exceptions Within Street Right-of-Way. Exceptions-from the provisions of the S-12 Zone regulations pertaining to required on-street parking, driveways, driveway openings, and any other features located within the street right-of-way shall be considered by the City Traffic Engineer. The decision of the City Traffic Engineer may be appealed to the Driveway Appeals Board. The decision of the Driveway Appeals Board may be appealed to the Planning Commission, whose decision shall be final, pursuant to the procedures set forth in Sections

12.04.300 and 12.04.310 of the Oakland Municipal Code

Page 61 of 92 ends

Chapter 17.99 S-17 DOWNTOWN RESIDENTIAL OPEN SPACE COMBINING ZONE

REGULATIONS

17.99.030 Definitions.

As used in this Chapter, the following words will have the meaning set forth unless the context clearly indicates otherwise:

Usable open space categories shall be defined as follows:

B. Public Ground-Floor Level Plaza. Public ground-floor level plazas (plazas) are group usable open space 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.

F. Of
f -site Open Space. Privately owned and maintained group usable or public open space at ground-floor level or podium level within one thousand (1,000) feet of a residential development, intended to fulfill the usable open space requirement of said residential development, only.

17.99.040 Permitted categories of usable open space.

Residential development in the S-17 Downtown Residential Open Space Combining Zone shall provide a combination of the following usable open space categories, as defined in Section

17.99.030, in order to satisfy the standards established in Section 17.99.050:

A. Private usable open space;
B. Public ground-floor level plaza;
C. Widened sidewalk;
D. Rooftop open space;
E. Courtyard; and
F. Off-site open space.

17.99.050 Usable open space standards for residential development.

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

A. Area. On each lot containing Residential Facilities with a total of two (2) 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, fifty (50) square feet per Efficiency Dwelling Unit, and thirty-eight (38) thirty (30) square feet per Rooming Unit or Efficiency Dwelling Unit.

C. 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:

Page 62 of 92 ends

Private Usable Open Space 10' (ground floor)
Public Ground-Floor Level Plaza 10'
Widened Sidewalk 10'*
Rooftop 15'
Courtyard 15'
Off-Site Open Space 5,000 square feet

* Measurement does not include width of existing sidewalk, and is additive to existing sidewalk.

When space is located on a roof, the area occupied by vents or other structures which do not enhance usability of the space shall not be counted toward the above dimension.

F. Accessibility. Usable open space, other than private usable open space and off-site 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.

G. E
nclosure. Ground-level usable open space shall be screened from abutting lots, streets, alleys, and paths, from abutting private ways described in Section 17.106.020, and from other areas on the same lot by a building wall, by dense landscaping not less than five and one- half (5½) feet high and not less than three (3) feet wide, or by a solid or grille, lumber or masonry fence or wall not less than five and one-half (5½) feet high, subject to the standards for required landscaping and screening in Chapter 17.124 and the exceptions stated in said Chapter. However, when such screening would impair a beneficial outward and open orientation or view, with no building located opposite and within fifty (50) feet form such required screening, as measured perpendicularly therefrom in a horizontal plane, the above prescribed height may be reduced to three and one-half (3½) feet. Fences and walls shall not be constructed as to interfere with the access required by applicable fire prevention regulations.

17.99.060 Landscaping requirements.

At least ten percent (10%) of usable open space area (with the exception of private usable open space) shall include landscaping enhancement as well as user amenities. Landscaping enhancements shall consist of permanent features, such as trees, shrubbery, decorative planting containers and coverings (mulch, gravel), fountains, boulders or artwork (sculptures, murals). User amenities shall include seating, decorative paving or playground structures. The

Page 63 of 92 ends

remainder of the space shall include user amenities such as seating, decorative paving, sidewalk cafes, or playground structures.

Page 64 of 92 ends

Chapter 17.101A - D-WS WOOD STREET DISTRICT ZONES REGULATIONS

17.101A.020 Permitted and conditionally permitted activities.

Table 17.101A.01 lists the permitted, conditionally permitted, and prohibited activities in the D-WS Zones. The descriptions of these activities are contained in Chapter 17.10. Section

17.10.040 contains permitted accessory activities.
"P" designates permitted activities in the corresponding D- WS Zone. "C" designates activities that are permitted only upon the granting of a Conditi onal Use permit (CUP) in the corresponding D -WS Zone (see Chapter 17.134 for the CUP procedure).
"L" designates activities subject to certain limitations or notes listed at the bottom of the table.
"—" designates activities that are prohibited except as ac cessory activities according to the regulations contained in Section 17.010.040.

Table 17.101A.01
: Permitted and Conditionally Permitted Activities
Activities Zones Additional
Regulation
s D-WS-
1 D-
WS-2
D-
WS-3
D-
WS-4
D-WS-
5 D-WS-
6 D-
WS-7
D-
WS-8
D-
WS-9
Residential Activities
Emergency
Shelter
P(L1) P(L1) P(L1) P(L1) — P(L1) P(L1) P(L1) — 17.103.010

17.103.015
Industrial Activities
Custom
Manufacturin
g
— P(L16
)
— C C C — P(L16
)
—

Limitations on Table 17.101A.01:

Page 65 of 92 ends

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; prohibited elsewhere in the zone.

L16. 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).

Page 66 of 92 ends

Chapter 17.116 OFF-STREET PARKING AND LOADING REQUIREMENTS

17.116.020 Effect on new and existing uses.

A. New Parking and Loading to Be Provided for New Facilities and Additions to Existing Facilities. The off-street parking and loading requirements of this Chapter shall only be provided for apply to activities occupying any portion of new facilities and new additions to existing facilities. The required amount of new parking and loading shall be based on the cumulative increase in floor area, or other applicable unit of measurement, and any minimum size for which parking or loading is required in Articles II and IV of this Chapter.

B. C
hanges in Activity within an Existing Facility. Except as otherwise provided for new dwelling units described in Subsection C, no No additional parking and loading spaces are required for a change of activity within an existing facility. However, if the number of existing parking spaces on the lot equals or is less than required, then these parking spaces must be preserved with the change of activity. If there are more parking spaces on the lot than required, then the number of spaces can be reduced to the minimum required.

C. N
ew Parking and Loading Provided for New Dwelling Living Units in Existing Facilities. Except as provided for Accessory Dwelling Units in Section 17.103.080 and Chapter

17.88, no additional parking and loading spaces are required for newly established living units located entirely within an existing facility and outside of the S-9 Fire Safety Protection Combining Zone. However, if the number of existing parking spaces on the lot equals or is less than required, then these parking spaces must be preserved with the establishment of new living units. If there are more parking spaces on the lot than required, then the number of spaces can be reduced to the minimum required., the conversion of historic facilities in Section

17.116.110(F), additions to historic facilities in Section 17.116.110(G), and the conversion of a building into Residentially Oriented Joint Living and Working Quarters in Section 17.102.195, the parking and loading requirements of this Chapter apply to newly established dwelling units.

However, additional parking only needs to be provided to the extent that the existing parking does not meet the new total parking requirement.

17.116.060 Off-street parking—Residential Activities.

A. Minimum and Maximum Parking for Permanent and Semi-Transient Residential Activities.

1. Minimum Parking for Permanent and Semi-Transient Residential Activities. Except as otherwise provided in Article III and elsewhere in this Title, the following amounts of off-street parking are required for all Permanent and Semi-Transient Residential Activities when located in the indicated zones and occupying the specified facilities:

Page 67 of 92 ends

Residential
Facility
Type
Zone Total Required Parking
One-Family
Dwelling.

RH Zones, except when
combined with the S-12 S-9 or
S-11 Zone.

Two (2) spaces for each dwelling unit,
except that no parking shall be required
if located within one-half (1/2) mile of a
major transit stop, as defined in Section
21155 of the Public Resources Code. ;
however, when combined with the S-11
Zone, the requirement is one (1) space
per bedroom with a minimum of two (2)
spaces per dwelling unit and a
maximum requirement of four (4)
spaces per dwelling unit.

RH Zones combined with the S-
9 or S-11 Zone.

One (1) space per bedroom with a
minimum of two (2) spaces per dwelling
unit and a maximum requirement of four
(4) spaces per dwelling unit, except that
no parking shall be required if located
within one-half (1/2) mile of a major
transit stop, as defined in Section
21155 of the Public Resources Code.

CBD, S-2, S-15, D-CO-1, and
D-LM Zones, except when
combined with the S-12 Zone.

No spaces required.

S-15 and D-CO Zones, except
when combined with the S-12
Zone.

One-half (½)-space for dwelling unit.

Any other zone, except when
combined with the S-12 Zone.

One (1) space for each dwelling unit,
except that no parking shall be required
if located within one-half (1/2) mile of a
major transit stop, as defined in Section
21155 of the Public Resources Code.

Any zone combined with the S-
12 Zone.

See Section 17.94.040.

Accessory
Dwelling
Unit (in
conjunction
CBD, S-2, S-15, D-CO-1, and
D-LM Zones, except when
combined with the S-9 or S-11
or S-12 Zone.

No additional spaces required for the
Accessory Dwelling Unit.

Page 68 of 92 ends

Residential
Facility
Type
Zone Total Required Parking
with One-
Family,
Two- to
Four-Family,
or
Multifamily
Dwelling).

Any other zone All other zones
(including any zone combined
with the S-9 or S-11 or S-12
Zone).

One (1) space for each Accessory
Dwelling Unit, except that no additional
parking shall be required if located as
specified in Section 17.103.080.

Two- to
Four-Family
Dwelling.

Multifamily
Dwelling.

CBD, S-2, S-15, D-CO-1, and
D-LM Zones, except when
combined with the S-12 Zone.

No spaces required.

All other zones. D-BV-1, D-BV-
2, S-15, and D-CO Zones,
except when combined with the
S-12 Zone.

One-half (½) space for each dwelling
unit, except that no parking shall be
required if located within one-half (1/2)
mile of a major transit stop, as defined
in Section 21155 of the Public
Resources Code.

D‐BV‐3 and D‐BV‐4 Zones,
except when combined with the
S-12 Zone.

Three-quarters (3/4) space for each
dwelling unit.

Any other zone, except when
combined with the S-12 Zone.

One (1) space for each dwelling unit.

Any zone combined with the S-
12 Zone.

See Section 17.94.040.

Rooming
House.

CBD, S-2, S-15, D-CO-1, D-LM,
D-BV-1, and D-BV-2 Zones.

No spaces required for Rooming Units.

All other zones. One (1) space for each two (2)
Rooming Units. One-half (½) space for
each Rooming Unit, except that no
parking shall be required if located
within one-half (1/2) mile of a major
transit stop, as defined in Section
21155 of the Public Resources Code.

Page 69 of 92 ends

Residential
Facility
Type
Zone Total Required Parking
Micro-Living
Quarters
D-BV-1 and D-BV-2 Zones.
(Micro-Living Quarters are not
permitted in any other zone.)
No spaces required.

Vehicular. All zones. See Section 17.103.085.

Bed and
Breakfast.

CBD, S-2, S-15, D-CO-1, and
D-LM Zones.

No spaces required.

All other zones. One (1) space for each two (2) guest
rooms, plus the required parking for a
One-Family Dwelling in the underlying
zone, except that no parking shall be
required if located within one-half (1/2)
mile of a major transit stop, as defined
in Section 21155 of the Public
Resources Code.

2. Maximum Parking for Permanent and Semi-Transient Residential Activities. No more than the following amounts of off-street parking are permitted for all Permanent and Semi- Transient Residential Activities when located in the indicated zones and occupying the specified facilities (If the property is a BART-owned parcel subject to Assembly Bill (AB) 2923 (2018), the maximum number of parking spaces shall be 0.375 spaces for each dwelling unit):

Residential Facility
Type
Zone Maximum Number of Parking Spaces
One-Family Dwelling.

Two- to Four-Family
Dwelling.

Multifamily Dwelling.

S-15 and D-CO-1
Zones.

One-half (½) space for each dwelling unit.

CBD, S-2, S-15, and
D-LM, and D-CO
Zones.

One and one-quarter (1¼) parking spaces
Three-quarters (¾) space per dwelling
unit.

All other zones. No maximum parking requirement.

Rooming House. CBD, S-2, S-15, D-
LM, and D-CO-1
Zones.

One and one-quarter (1¼) parking spaces
per each two Rooming Units. One-half (½)
space for each Rooming Unit.

All other zones. No maximum parking requirement.

Page 70 of 92 ends

Residential Facility
Type
Zone Maximum Number of Parking Spaces
Vehicular. All zones. See Section 17.103.085.

Bed and Breakfast. CBD, S-2, S-15, D-
LM, and D-CO-1
Zones.

One and one-quarter (1¼) parking spaces
One (1) space per each two (2) guest
rooms, plus the maximum allowed parking
for a One-Family Dwelling in the
underlying zone.

All other zones. No maximum parking requirement.

B. Minimum Parking for Residential Care, Supportive Housing, Transitional Housing, and Emergency Shelter Residential Activities. Except as otherwise provided in Article III and this Title, the following amounts of off-street parking are required for all Residential Care, Supportive Housing, Transitional Housing, and Emergency Shelter Residential Activities when located in any zone and occupying the specified facilities and/or having the specified number of employees and/or facility vehicles.

Residential
Activity
Total Required Parking
Residential Care. One (1) space for each three (3) employees on site during the shift that has maximum staffing, and one (1) space for each facility vehicle. Where more than two (2) spaces are required, additional spaces beyond two (2) may be provided in tandem, except that no parking shall be required if located within one-half (1/2) mile of a major transit stop, as defined in Section 21155 of the Public Resources Code.

Supportive
Housing.

No spaces required if all services are offsite.

If onsite services are provided, one (1) space for each three (3) employees, except that no parking shall be required if located within one-half (1/2) mile of a major transit stop, as defined in Section 21155 of the Public Resources Code.

Transitional
Housing.

No spaces required.

Emergency
Shelter.

No spaces required.

One (1) space for each three (3) employees on site during the shift that has maximum staffing, plus one (1) space for each facility vehicle.

Page 71 of 92 ends

17.116.070 Off-street parking—Civic Activities.

Except as otherwise provided in Article III and elsewhere in this Title, and subject to the calculation rules set forth in Section 17.116.050, the following amounts of off-street parking are required for the specified Civic Activities when located in the indicated zones and occupying facilities of the specified sizes or having the indicated numbers of employees or doctors, and shall be developed and maintained pursuant to the provisions of Article V of this Chapter:

Civic Activity Zone Minimum Total
Size for Which
Parking
Required
Total Required Parking
A. Essential Service and
Limited Childcare.

All zones. — No spaces required.

B. Community Assembly
and Recreational Assembly:
• Playgrounds and playing
fields;
• Concessions located in
public parks;
• Temporary nonprofit
festivals;
• Private non-profit clubs
and lodges.

All zones. — No spaces required.

Churches and all other. CBD-P, CBD-

C, CBD-X, S-
2, S-15, D-
CO-1, and D-
LM-2 through
D-LM-5
Zones.
— No spaces required.

S-15 and D-
CO Zones.
— A number of spaces to be
prescribed by the Director of
City Planning pursuant to
Section 17.116.040.

Page 72 of 92 ends

Civic Activity Zone Minimum Total
Size for Which
Parking
Required
Total Required Parking

Any other
zone.

Total of 75
seats, or 750
square feet of
floor area where
seats are not
fixed in principal
meeting rooms.

A number of spaces to be
prescribed by the Director of
City Planning pursuant to
Section 17.116.040, except that
no parking shall be required if
located within one-half (1/2)
mile of a major transit stop, as
defined in Section 21155 of the
Public Resources Code. One
space for each 15 seats, or for
each 100 square feet of floor
area where seats are not fixed,
in principal meeting rooms.

C. Community Education:
high schools.

CBD-P, CBD-

C, CBD-X, S-
2, S-15, D-
CO-1, and D-
LM-2 through
D-LM-5
Zones.
— No spaces required.

Any other
zone.

No minimum. A number of spaces to be
prescribed by the Director of
City Planning pursuant to

Section 17.116.040, except that
no parking shall be required if
located within one-half (1/2)
mile of a major transit stop, as
defined in Section 21155 of the
Public Resources Code.

All others. CBD-P, CBD-

C, CBD-X, S-
2, S-15, D-
CO-1, and D-
LM-2 through
D-LM-5
Zones.
— No spaces required.

S-15 and D-
CO Zones.
— A number of spaces to be
prescribed by the Director of
City Planning pursuant to
Section 17.116.040

Page 73 of 92 ends

Civic Activity Zone Minimum Total
Size for Which
Parking
Required
Total Required Parking
Any other
zone.

No minimum. One-half (1/2) space for each
classroom, except that no
parking shall be required if
located within one-half (1/2)
mile of a major transit stop, as
defined in Section 21155 of the
Public Resources Code.

D. Nonassembly Cultural.

Administrative.

CBD-P, CBD-

C, CBD-X, S-
2, D-LM-2
through D-
LM-5, D-CO-
1, and S-15
Zones.
— No spaces required.

All other
zones.

Ten thousand
(10,000) square
feet of floor
area. in the D-
BV Zones and
five thousand
(5,000) square
feet for all other
zones.

One space per six hundred
(600) square feet of floor area
on the ground floor and Oone
(1) space per one thousand
(1,000) square feet of floor
area, except that no parking
shall be required if located
within one-half (1/2) mile of a
major transit stop, as defined in
Section 21155 of the Public
Resources Code. on other
floors.

E. Health Care: hospitals. CBD-C, CBD-
X, S-2, S-15,
D-CO-1, and
D-LM-2
through D-
LM-5.

No minimum. No spaces required.

Any other
zone.

No minimum. A number of spaces to be
prescribed by the Director of
City Planning pursuant to

Section 17.116.040, except that
no parking shall be required if
located within one-half (1/2)
mile of a major transit stop, as
defined in Section 21155 of the
Public Resources Code.

Page 74 of 92 ends

Civic Activity Zone Minimum Total
Size for Which
Parking
Required
Total Required Parking
Clinics. C-45, CBD-P,

CBD-C, CBD-
X, S-2, S-15,
D-CO-1, and
D-LM-2
through D-
LM-5.
— No spaces required.

S-15 and D-
CO Zones.
— A number of spaces to be
prescribed by the Director of
City Planning pursuant to
Section 17.116.040

Any other
zone.

No minimum. Three (3) spaces for each staff
or regular visiting doctor plus
one (1) space for each two
other employees, except that
no parking shall be required if
located within one-half (1/2)
mile of a major transit stop, as
defined in Section 21155 of the
Public Resources Code.

All other. C-45, CBD-P,

CBD-C, CBD-
X, S-2, S-15,
D-CO-1, and
D-LM-2
through D-
LM-5 Zones.

No minimum. No spaces required.

S-15 and D-
CO Zones.
— A number of spaces to be
prescribed by the Director of
City Planning pursuant to
Section 17.116.040

Any other
zone.

No minimum. One (1) space for each six (6)
beds, plus one space for each
four (4) employees other than
doctors, plus one space for
each staff or regular visiting
doctor, except that no parking
shall be required if located
within one-half (1/2) mile of a
major transit stop, as defined in
Section 21155 of the Public
Resources Code.

Page 75 of 92 ends

Civic Activity Zone Minimum Total
Size for Which
Parking
Required
Total Required Parking
F. Utility and Vehicular. CDB-P, CBD-

C, CBD-X, S-
2, S-15, D-
CO-1, and D-
LM-2 through
D-LM-5
Zones.
— No spaces required.

S-15 and D-
CO Zones.
— A number of spaces to be
prescribed by the Director of
City Planning pursuant to
Section 17.116.040.

Any other
zone.

Five thousand
(5,000) square
feet of floor
area.

One (1) space for each three
(3) employees plus one space
for each vehicle used in
connection with the activities,
except that no parking shall be
required if located within one-
half (1/2) mile of a major transit
stop, as defined in Section
21155 of the Public Resources
Code.

G. Extensive Impact:
colleges and universities.

CBD-P, CBD-

C, CBD-X, S-
15, D-CO-1,
and D-LM-2
through D-
LM-5 Zones.
— No spaces required.

Any other
zone.

No minimum. A number of spaces to be
prescribed by the Director of
City Planning pursuant to

Section 17.116.040, except that
no parking shall be required if
located within one-half (1/2)
mile of a major transit stop, as
defined in Section 21155 of the
Public Resources Code.

Page 76 of 92 ends

Civic Activity Zone Minimum Total
Size for Which
Parking
Required
Total Required Parking
All other. All zones. No minimum. A number of spaces to be prescribed by the Director of
City Planning pursuant to

Section 17.116.040, except that
no parking shall be required if
located within one-half (1/2)
mile of a major transit stop, as
defined in Section 21155 of the
Public Resources Code.

17.116.080 Off-street parking—Commercial Activities.

A. Minimum Parking for Commercial Activities.

Except as otherwise provided in Article III and elsewhere in this Title, the following table contains the amounts of off-street parking that are required in the indicated location for all Commercial Activities.

Commercial
Activity
Zone Minimum Total Size
for Which Parking
Required
Total Required Parking
Group Assembly
– only theaters,
cabarets,
nightclubs with
performance
and/or dance
space, and
temporary and
permanent
carnivals, fairs,
and circuses. Go
to “All other
activities,” below
for other Group
Assembly
Activities.

CBD-P, CBD-

C, CBD-X, S-
2, D-LM-2
through D-LM-
5, D-CO-1,
and S-15
Zones.
— No spaces required.

All other
zones.

Ten thousand
(10,000) square feet
of floor area.

A number of spaces to be prescribed
by the Director of City Planning
pursuant to Section 17.116.040. One
(1) space for each fifteen (15) fixed
seats in indoor places of assembly,
plus one space for each one hundred
(100) square feet of floor area in
indoor places of assembly without
fixed seats, plus a number of spaces
to be prescribed by the Director of
City Planning, pursuant to S ection

17.116.040, for outdoor assembly
area.

General
Wholesale.

CBD-P, CBD-

C, CBD-X, S-
2, D-LM-2
— No spaces required.

Page 77 of 92 ends

Commercial
Activity
Zone Minimum Total Size
for Which Parking
Required
Total Required Parking
Building Material
Sales.

Automobile and
Other Light
Vehicle Sales
and Rental.

Automobile and
Other Light
Vehicle Gas
Station and
Servicing.
through D-LM-
5, D-CO-1,
and S-15
Zones.

All other
zones.

Ten thousand
(10,000) square feet
of floor area.

One (1) space for each one thousand
(1,000) square feet of floor area,
except that no parking shall be
required if located within one-half
(1/2) mile of a major transit stop, as
defined in Section 21155 of the
Public Resources Code.

Taxi and Light
Fleet-Based
Service.

CBD-P, CBD-

C, CBD-X, S-
2, D-LM-2
through D-LM-
5, D-CO-1,
and S-15
Zones.
— No spaces required.

All other
zones.

Ten thousand
(10,000) square feet
of floor area and
outdoor storage.

One (1) space for each one thousand
(1,000) square feet of floor area, plus
one space for each vehicle used in
connection with the activities, except
that no parking shall be required if
located within one-half (1/2) mile of a
major transit stop, as defined in
Section 21155 of the Public
Resources Code.

Automobile and
Other Light
Vehicle Repair
and Cleaning.

CBD-P, CBD-

C, CBD-X, S-
2, D-LM-2
through D-LM-
5, D-CO-1,
and S-15
Zones.
— No spaces required.

All other
zones.

No minimum. One (1) space for each one thousand
(1,000) square feet of floor area,
except that no parking shall be
required if located within one-half
(1/2) mile of a major transit stop, as
defined in Section 21155 of the
Public Resources Code.

Automotive Fee
Parking.

All zones. — No spaces required.

Page 78 of 92 ends

Commercial
Activity
Zone Minimum Total Size
for Which Parking
Required
Total Required Parking
Animal Boarding. CBD-P, CBD-

C, CBD-X, S-
2, D-LM-2
through D-LM-
5, D-CO-1,
and S-15
Zones.
— No spaces required.

All other
zones.

Five thousand (5,000)
square feet.

One (1) space for each 1,000 square
feet of floor area, except that no
parking shall be required if located
within one-half (1/2) mile of a major
transit stop, as defined in Section
21155 of the Public Resources Code.

All other activities CBD-P, CBD-

C, CBD-X, S-
2, D-LM-2
through D-LM-
5, D-CO-1,
and S-15
Zones.
— No spaces required.

All other
zones.

Ten thousand
(10,000) square feet
in the D-BV Zones
and five thousand
(5,000) three
thousand (3,000)
square feet for all
other zones.

One (1) space for each six hundred
(600) square feet of floor area on the
ground floor of a building;
One (1) space for each one thousand
(1,000) square feet of floor area,
except that no parking shall be
required if located within one-half
(1/2) mile of a major transit stop, as
defined in Section 21155 of the
Public Resources Code.not on the
ground floor of a building

B. Maximum Parking for Commercial Activities. Except as otherwise provided elsewhere in this Title, no more than the following amounts of off-street parking are permitted for Commercial Activities when located in the indicated zones (If the property is a BART-owned parcel subject to Assembly Bill (AB) 2923 (2018), the maximum number of parking spaces shall be 0 spaces per 1,000 square feet for Administrative Commer cial and Administrative Civic Activities):

Page 79 of 92 ends

Commercial Activity Zone Maximum Number of
Parking Spaces
General Food Sales.

Limited Service Restaurant and Café.

Fast-Food Restaurant.

Convenience Market.

Alcoholic Beverage Sales.

Mechanical or Electronic Games.

Medical Service.

General Retail Sales.

Large-Scale Combined Retail and Grocery
Sales.

Consumer Service.

Consultative and Financial Service.

Check Cashier and Check Cashing.

Consumer Cleaning and Repair Service.

Consumer Dry Cleaning Plant.

Group Assembly.

Personal Instruction and Improvement
Services.

Administrative.

Business, Communication, and Media
Service.

Broadcasting and Recording Service.

Research Service.

Animal Care.

CBD-P, CBD-C,
CBD-X, S-2, D-LM-2
through D-LM-5, D-
CO-1, and S-15
Zones.

Ground floor: One (1)
space for each three
hundred (300) square
feet of floor area.

Above Ground floor: One
(1) space for each five
hundred (500) square
feet of floor area.

All other zones. No maximum parking
requirement.

All other Commercial Activities. All zones No maximum parking requirement.

17.116.090 Off-street parking—Industrial Activities.

Except as otherwise provided in this Title, the following amounts of off- street parking are required for all Industrial Activities when located in the indicated zones and occupying facilities of the specified sizes or having the indicated number of employees, and shall be developed and maintained pursuant to the provisions of Article V of this Chapter:

Page 80 of 92 ends

Zone Minimum Total
Size for Which
Parking
Required
Total Required Parking

CBD-P, CBD-C,
CBD-X, D-CO-1,
D-LM, S-2, and
S-15 Zones.
— No spaces required.

All other zones. 25,000 square
feet of floor area.

One (1) space for each five thousand (5,000) three-
thousand five-hundred (3,500) square feet of floor area, except that no parking shall be required if located within one-half (1/2) mile of a major transit stop, as defined in Section 21155 of the Public Resources Code.

17.116.100 Off-street parking—Agricultural and Extractive Activities.

Except as otherwise provided in this Title, and subject to the calculation rules set forth in Section 17.116.050, the following amounts of off-street parking are required for all Agricultural and Extractive Activities when located in the indicated zones and occupying facilities of the specified sizes, and shall be developed and maintained pursuant to the provisions of Article V of this Chapter:

Zone Minimum Total
Size for Which
Parking Required
Total Required Parking

CBD-P, CBD-

C, CBD-X, S-
2, S-15, D-CO-
1, and D-LM
Zones.
— No spaces required.

All other
zones.

Ten thousand
(10,000) square
feet of floor area
and outdoor sales
area.

A number of spaces to be prescribed by the Planning
Director, pursuant to Section 17.116.040, except that no parking shall be required if located within one-half (1/2) mile of a major transit stop, as defined in Section 21155 of the Public Resources Code. One (1) space for each
one thousand (1,000) square feet of floor area and
outdoor sales area.

17.116.105 Special regulations in the Downtown CBD and D-LM Zones.

The following regulations shall apply to new Multifamily Residential Facilities of five (5) or more dwelling units in the CBD and D-LM Zones.

A. Car-Share Parking Spaces.

2. Required car-share space(s) shall be made available through one of the following two means:

Page 81 of 92 ends

b. At no cost, providing a parking space to a public car-share organization for purposes of providing car-share services for its car-share service subscribers. The car-share spaces may be provided on the building site or on another site within six hundred (600) feet of the building site.

All car-share vehicles shall be accessible to both non-resident and resident subscribers.

17.116.110 Special parking exemptions and reductions.

The provisions of this Section apply to all facilities and zones in all or specified zones, except One-Family Dwelling, Two-Family Dwelling, or Multifamily Dwelling Residential Facilities located within the S-12 Residential Parking Combining Zone, where the provisions of Section 17.94.040 shall apply.

A. Reduction for Senior Citizen Housing. The number of parking spaces prescribed in Section 17.116.060 may shall be reduced by not to exceed seventy-five percent (75%) for each dwelling unit that is regularly occupied by at least one individual who is at least fifty-five (55) years of age or older or is physically handicapped regardless of age. This reduction cannot be increased according to any other exemption in this Section.

B. Affordable Housing. For zones that have a base parking minimum in Section

17.116.060(A) of three-quarter (3/4) space per dwelling unit or more, the parking requirement for aAffordable housing units restricted for extremely low, very low, low, and moderate income households, (as defined in California Government Code Section 50052.5 and in Oakland Planning Code Section 17.107.020)is the following: shall have no minimum parking requirement.

1. One-half (1/2) space per affordable housing unit if within a Transit Accessible Area; and

2. Three-quarters (3/4) space per affordable housing unit if not within a Transit Accessible Area.

C. Parking Reduction through Demand Management Measures. The following are the percentages that parking requirements are reduced for Two- to Four-Family and Multifamily Dwelling Residential Facilities located outside of the S-9 Fire Safety Protection Combining Zone of five (5) or more dwelling units through implementation of the listed parking demand management measures. The parking reduction percentages for the demand management measures described below can be added together to create a greater parking reduction, but cannot create more than a fifty percent (50%) reduction. These reductions cannot be combined with the parking reductions described in other Subsections of Article III, except for the reduction described in Subsection B, above. A notice describing the demand management measure(s) required shall be permanently posted in a common area of the building such as a lobby or mailroom that is clearly visible to residents.

1. Tr ansit Accessible Areas. A project that is within a Transit Accessible Area receives a thirty percent (30%) reduction in the parking requirement. This reduction cannot be applied to the parking ratio for affordable housing that already receives a reduction under B(1), above.

12. On-site public or private car share spaces.

Page 82 of 92 ends

a. The provision of on-site car-share spaces at the level and standards described in the table below reduces the parking requirement by twenty percent (20%) twenty-five percent (25%).

Number of Dwelling
Units
Number of Required Car
Share Parking Spaces

Notes
5—100 units.
2—100 units.

One (1) space.
1, 2, 3
101—300 units. Two (2) spaces. 1, 2, 3
Each additional 200
units. One (1) additional space. 1, 2, 3

23. Off-site public or private car share spaces. The provision of off-site car-share spaces at the minimum level and standards described in Subsections 17.116.105(A) reduces the parking requirement by ten percent (10%) twenty-five percent (25%).

34. Transit passes. The provision of transit passes at the level and standards described in Subsection 17.116.105(B) reduces the parking requirement by ten percent (10%) fifty percent (50%).

D. Discretionary Reduction of Total Requirements with Shared Parking Area. For a joint off-street parking area that serves more than one activity (either on the same or different lots) and meets the conditions set forth in Section 17.116.180, the total parking requirement for the sharing activities may shall be reduced by not to exceed fifty percent (50%) upon the submittal of evidence sufficient to determine determination that the typical utilization of the parking area would be staggered to such an extent that the reduced number of spaces would be adequate to serve all such activities. proposal conforms to the general use permit criteria set forth in the Conditional Use Permit (See Chapter 17.134 for the CUP criteria), and to the following additional use permit criterion:

1. The typical utilization of the parking area would be staggered to such an extent that the reduced number of spaces would be adequate to serve all such activities.

H. Parking reduction for parking on narrow lots in certain Commercial Zones.

1. In the D-BV, CN, and CC Zones, lots with a mean width of forty (40) fifty (50) feet or less are not required to provide parking on-site unless alternative driveway access is available from an alternative location, such as a side street, a shared access driveway on an adjoining parcel, or an alley.

2. In the D-
BV Zones, lots with a mean width of fifty (50) feet or less and fronting Broadway or 27th Street are not required to provide parking on-site unless alternative driveway access is available from an alternative location, such as a side street, a shared access driveway from an adjoining parcel or an alley.

Page 83 of 92 ends

I. Parking Reduction through the payment of in lieu fees in the D-BV Zones. Both of the following provisions shall apply in the D-BV Zones only:

1. The parking requirements for the D-BV Zones may be reduced or waived upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure) and payment of an in-lieu fee to the City of Oakland. The parking in-lieu fee shall be as set forth in the Master Fee Schedule. Parking in-lieu fees shall be deposited with the City of Oakland prior to issuance of a building permit. A parking in-lieu fee may be refunded, without interest, to the person who made such payment, or his assignee or designee, if additional off-street parking spaces are provided for such building or use by others than the City so as to satisfy the parking requirement for which the in-lieu payment was made. To obtain a refund, the required off-street parking spaces must be in place prior to issuance of a certificate of occupancy and before funds are spent or committed by the City.

2. Notwithstanding anything to the contrary contained in the Planning Code, Variances may not be granted relating to: (a) a reduction and/or elimination of any required parking; or (b) a reduction and/or elimination of any parking spaces serving any activity, or if already less than currently required parking, shall not be reduced further below the requirements prescribed for such activity in this Chapter, as the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure) and payment of the in-lieu fee shall be the means of reducing or eliminating such parking, except as provisions in state and local law requiring regulatory concessions and waivers for certain types of affordable and senior housing projects may apply.

17.116.130 Off-street loading—Civic Activities.

Except as otherwise provided in Sections 17.116.020 and 17.116.030, the following amounts of off-street loading are required in all zones for the specified Civic Activities when occupying facilities of the indicated sizes, and shall be developed and maintained pursuant to the provisions of Article IV of this Chapter: (See illustration I-18.) Civic Activity and Total Floor Area of Facilities Occupied Requirement A. Community Assembly, Community Education, Nonassembly Cultural, Health Care, or Administrative, occupying the following floor area:

Less than 50,000 square feet. No berth
required.*
50,000—149,999 square feet. One (1) berth.*
150,000—299,999 square feet.
150,000 square feet or more.

Two (2) berths.*
300,000 square feet or more. Three (3)
berths.*

Page 84 of 92 ends

*Off-street loading is not required in the CBD-P zone when combined with the S-7 zone.

17.116.140 Off-street loading—Commercial Activities.

Except as otherwise provided in Sections 17.116.020 and 17.116.030, the following amounts of off-street loading are required in all zones for the specified Commercial Activities when occupying facilities of the indicated sizes, and shall be developed and maintained pursuant to the provisions of Article V of this Chapter:

Commercial Activity and Floor Area of Facilities
Occupied
Requirement
A.

General Food Sales,
Full Service Restaurant,
Limited Service Restaurant and Cafe,
Fast-Food Restaurant,
Convenience Market,
Alcoholic Beverage Sales,
Consumer Service,
General Retail Sales,
Large-Scale Combined Retail and Grocery Sales,
Consumer Cleaning and Repair Service,
Research Service,
General Wholesale Sales,
Building Material Sales,
Automobile and Other Light Vehicle Gas Station and
Servicing,
Automotive Fee Parking, or
Undertaking Service –
occupying facilities with the following floor area:

Less than 25,000 square feet. No berths required.*
25,000—149,999 square feet.
25,000—59,999 square feet.

One (1) berth.*
150,000 square feet or more. Two (2) berths.*

Page 85 of 92 ends

Commercial Activity and Floor Area of Facilities
Occupied
Requirement
60,000—159,999 square feet.
160,000 square feet or more. Three (3) berths.*
B.

Mechanical or Electronic Games,
Medical Service,
Consultative and Financial Service,
Administrative,
Transient Habitation,
Check Cashier and Check Cashing,
Consumer Dry Cleaning Plant,
Group Assembly,
Personal Instruction and Improvement Services,
Business, Communication, and Media Service,
Broadcasting and Recording Service,
Automobile and Other Light Vehicle Sales and Rental,
Automotive and Other Light Vehicle Repair and Cleaning, Taxi and Light Fleet-Based Service,
Animal Care, or
Animal Boarding -
occupying facilities with the following floor area:

Less than 40,000 50,000 square feet. No berths required.* 40,000-59,999 square feet.
50,000—199,999 square feet.

One (1) berth.*
60,000—159,999 square feet.
200,000 square feet or more.

Two (2) berths.*
160,000 square feet or more. Three (3) berths.*
*Off-street loading is not required in the CBD-P zone Zone when combined with the S-7 Zone. _____

Page 86 of 92 ends

17.116.150 Off-street loading—Industrial Activities.

Except as otherwise provided in Sections 17.116.020 and 17.116.030, the following amounts of off-street loading are required in all zones for all Industrial Activities when occupying facilities of the indicated sizes, and shall be developed and maintained pursuant to the provisions of Article V of this Chapter:

Industrial Activity and Total Floor Area of Facilities
Occupied
Requirement
Less than 25,000 square feet. No berths required.*
25,000—49,999 99,999 square feet. One (1) berth.*
50,000—99,999 square feet.
100,000—199,999 square feet.

Two (2) berths.*
Each additional 150,000 square feet or fraction of one-half two-thirds or more thereof.

One (1) additional berth.*
*Off-street loading is not required in the CBD-P zone when combined with the S-7 Zone.

17.116.170 Property on which parking and loading is must be provided.

A. Parking Spaces and Loading. Required Ooff-street parking spaces and loading berths shall be located as set forth below for the specified activities except as otherwise provided in Section 17.116.290.B. When a maximum distance from the lot containing the activity served to another lot is prescribed, it shall be measured along a permanently accessible pedestrian route between a lot line of the former lot and the nearest boundary of the offsite parking or loading area. Required parking provided on a lot other than the Facility or Activity it serves shall not count toward any of the required parking serving the Facility or Activity on the off-site lot.

Required
Facility and
Activity it
Serves
Zone Location
Parking spaces
for any
Residential or
Commercial
Activity.

RU-4, RU-5, CN,
CC, CR, C-40, C-
45, CBD, S-1, S-
2, S-3, S-15, D-

BV, D-CE, D-LM,
and D-CO, Zones.

On the same lot as the activity served; or either, subject to the provisions of Section 17.116.180:

1. On another lot that both is located within six
hundred (600) feet and contains an enclosed
principal facility containing a principal activity; or

2. Upon the granting of a Conditional Use Permit
(see Chapter 17.134 for the CUP procedure) on
another lot that both is located within six
hundred (600) feet and does not contain an

Page 87 of 92 ends

Required
Facility and
Activity it
Serves
Zone Location
enclosed principal facility containing a principal
activity.

All other zones. On the same lot as the activity served, but for One- Family and Two- to Four-Family Dwelling Residential
Facilities on any lot with a street-to-setback gradient that exceeds twenty percent (20%), required parking
stalls may be permitted to extend into the public right- of-way of an adjoining street subject to the following
standards:

1. The minimum pavement width along the entire
length of the adjoining street is at least twenty (20) feet;

21. The required parking stalls shall be located
perpendicular to and the edge of the street pavement,
curb, pavement, or sidewalk;

32. The parking stalls shall be set back a minimum of
five (5) feet from the edge of street pavement resulting from the project, including any curbs or sidewalks; and

43. The number of parking stalls extending into the
street right-of-way shall not constitute more than fifty percent (50%) of the required residential parking
spaces.

Loading berths
for any activity.

Any zone. On the same lot as the activity served; or, subject to the provisions of Section 17.116.180, on an abutting lot,
except that an off-street loading facility for
Nonresidential Activities in any zone, or for Residential Activities in the S-1, S-2, S-3, S-15, D-CE, D-CO, D-
LM, D-BV, CBD, CN, CC, C-40, and C-45 Zones, may,
upon the granting of a conditional use permit
Conditional Use Permit pursuant to the conditional use
permit Conditional Use Permit procedure in C hapter

17.134, and subject to the provisions of Section

17.116.180, be located on a lot whic h does not abut all the lots containing the activities served.

Page 88 of 92 ends

17.116.180 Conditions for off-street parking or loading.

Whenever, pursuant to Section 17.116.170, any required off-street parking or loading facilities are located, in whole or in part, on a lot other than the lot containing the activity served, the owner or owners of both lots shall prepare and execute to the satisfaction of the City Attorney, and file with the Alameda County Recorder, an agreement guaranteeing that such facilities will be maintained and reserved for the activity served, for the duration of said activity.

17.116.200 Parking space dimensions.

The provisions of this Section shall apply to all activities in all zones except Residential Activities occupying One-Family, Two- to Four-Family, or Multifamily Residential Facilities located within the S-12 Residential Parking Combining Zone, where the provisions of Section 17.94.060 shall apply. All required parking spaces shall have the minimum dimensions set forth below and shall be provided, where necessary, with driveways and maneuvering aisles as set forth in Section

17.116.210.

17.116.220 Loading berth dimensions.

All required loading berths shall have the minimum dimensions set forth below when serving the indicated activities; provided that where one or both of the long sides of a berth which is at an angle of ninety (90) degrees or less, but more than sixty (60) degrees, to a maneuvering aisle abuts a wall or other similar obstruction, each of the widths specified below shall be increased by three (3) feet. However, the minimum height or length of a required berth for Civic, Commercial, and Industrial Activities may be reduced upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure) and upon determination based on sufficient evidence that such smaller dimensions are ample for the size and type of trucks or goods which foreseeably will be involved in the loading operations of the activity served.

B. For all Industrial Activities and for General Wholesale Sales, Building Material Sales, Automobile and Other Light Vehicle Sales and Rental, and Automobile and Other Light Vehicle Gas Station and Servicing: forty-five (45) feet long, twelve (12) feet wide, and fourteen (14) feet high;

17.116.240 Tandem spaces and berths.

No required loading berths shall be tandem. One required parking space provided on any lot containing both one (1) unit and fewer than three (3) required off-street parking spaces may be tandem. On any lot containing three (3) or more required off-street parking spaces, or containing required spaces for two (2) or more dwelling units, provided required parking spaces shall not be tandem, except that:

A. In any zone, tandem parking may be permitted for a One-Family or Two- to Four-Family Dwelling Facility with Accessory Dwelling Units, unless the City finds that tandem parking is not feasible due to specific topographical conditions.

B. In the S- 11 Zone, tandem parking may be permitted for fifty percent (50%) of the required parking spaces provided for a One-Family Dwelling Residential Facility.

C. In the S-12 Zone, tandem parking may be permitted for One-Family Dwelling, Two- to Four-Family Dwelling, and Multi-family Dwelling Residential Facilities under the provisions of Section 17.94.060.

Page 89 of 92 ends

D. In any zone, tandem parking may be permitted for Nonresidential Activities upon the granting of a conditional use permit Conditional Use Permit pursuant to the conditional use permit Conditional Use Permit procedure in Chapter 17.134 and upon determination that such proposal conforms to either or both of the following use permit criteria:

1. That a full-time parking attendant supervises the parking arrangements at all times when the activities served are in active operation;

2. That there are a total of ten (10) or fewer parking spaces on a lot, or within a separate parking area or areas on a lot, which spaces are provided solely for employees.

17.116.290 - Special requirements applying in some zones.

A. Whenever required off-street parking or loading facilities are located where the applicable individual zone regulations or development control maps require a conditional use permit Conditional Use Permit for parking or loading or prescribe other special controls thereon, such regulations shall be complied with in addition to the standards prescribed above for required parking and loading.

B. In the S-15 and D-CO-1 Zones:

1. Location of Parking. All off-street parking may be provided anywhere on the lot, or on a separate lot which is not in common ownership with the subject lot, provided that a long-term lease agreement or comparable binding agreement is provided, pursuant to Section 17.116.180.

2. Parking Serving Nonresidential Uses. Off-street parking serving nonresidential uses may only be permitted upon the granting of a conditional use permit pursuant to the conditional use permit procedures in Chapter 17.134.

23. Ground Floor Parking and Loading. Off-street parking, loading, and driveway located within twenty (20) feet from all pedestrian walkways and plazas may only be permitted upon the granting of a conditional use permit Conditional Use Permit pursuant to the conditional use permit Conditional Use Permit procedures in Chapter 17.134 and Section 17.100.100.

34. Provisions for Shared Parking. Off-street parking may be shared amongst daytime activities between the hours of business operation and between the hours of nighttime activities.

The number of required parking spaces for daytime use may be transferable to required parking or for nighttime use, provided a long-term lease agreement or comparable binding agreement is provided for any such parking located on a lot other than the lot containing the activity served, pursuant to Section 17.116.180.

45. E xceptions to Parking Requirement. The number of parking spaces provided may only exceed the number normally required upon the granting of a conditional use permit Conditional Use Permit pursuant to Section 17.100.100 and the conditional use permit Conditional Use Permit procedure in Chapter 17.134.

C. Shared Parking on BART Owned Property Subject to Assembly Bill (AB) 2923 (2018):

1. Shared parking, vehicle parking spaces that are shared by more than one user or activity, shall be permitted.

Page 90 of 92 ends

17.116.300 Parking accommodation requirements for One-Family and Two- to Four- Family Residential Facilities.

The provisions of this Section apply to lots containing One-Family Dwelling and Two- to Four- Family Dwelling Residential Facilities. Exceptions to the provisions of this Section may be approved pursuant to the Design Review design review procedure in Chapter 17.136.

17.116.310 Unbundled Parking.

With the exception of affordable housing as defined by Section 17.107.020, the following rules shall apply to new Multifamily Dwelling Residential Facilities of ten (10) five (5) or more units:

Page 91 of 92 ends

Chapter 17.117 BICYCLE PARKING REQUIREMENTS

17.117.090 Required bicycle parking—Residential Activities.

Subject to the calculation rules set forth in Section 17.117.080, the following minimum amounts of bicycle parking are required for all Residential Activities and shall be developed and maintained pursuant to the provisions of Article II of this Chapter (If the property is a BART owned parcel subject to Assembly Bill (AB) 2923 (2018), the minimum number of secure (long- term) bicycle parking spaces shall be one space per dwelling unit):

Type of Activity Long-term Bicycle
Parking Requirement
Short-term Bicycle
Parking Requirement
Permanent and Semi-Transient Residential Activities occupying the specified facilities:
2) Two- to Four-
Family Dwelling.

No spaces required. No spaces required.

Residential Care, Supportive Housing, Transitional Housing, and Emergency Shelter Residential Activities occupying the specified facilities:
6) Residential
Care.
1 space for each 20 employees or 1
space for each 70,000 square feet,
whichever is greater. Minimum
requirement is 2 spaces.
2 spaces.
7) Supportive
Housing.
1 space for each 20 employees or 1
space for each 70,000 square feet,
whichever is greater. Minimum
requirement is 2 spaces.
2 spaces.
8) Transitional
Housing.
1 space for each 20 employees or 1
space for each 70,000 square feet,
whichever is greater. Minimum
requirement is 2 spaces.
2 spaces.
710) Emergency
Shelter
Residential.
1 space for each 20 employees or 1
space for each 70,000 square feet,
whichever is greater. Minimum
requirement is 2 spaces.
1 space for each 5,000 square
feet of floor area. Minimum
requirement is 2 spaces.

17.117.150 Automobile parking credit.

The total number of required off-street automobile parking spaces may be reduced at the ratio of one automobile space for each six (6) bicycle spaces provided in excess of the requirements in this Chapter. The bicycle parking provided for this automobile parking credit shall include both

Page 92 of 92 ends

long-term and short-term bicycle parking in proportion to the minimum long-term and short-term requirements for the given project. The total number of required off-street automobile parking spaces cannot be reduced by more than ten percent (10%)five percent (5%).

Rules & Legislation CommitteeSeptember 14, 2023

Rules & Legislation Committee
September 14, 2023