Special Community & Economic Development Committee
June 25, 2024

Activities Zones Additional
Regulations D-CE-1 D-CE-2 D-CE-3 D-CE-4 D-CE-5 D-CE-6
Automobile and
Other Light Vehicle
Sales and Rental
— C — — — C
Automobile and
Other Light Vehicle
Gas Station and
Servicing
— C — — C P(L14)
Automobile and
Other Light Vehicle
Repair and Cleaning
— C(L13) — — C P(L14)

Taxi and Light
Fleet-Based Services
— — — — — C
Automotive Fee
Parking
— — — C C C 17.103.055
Animal Boarding — C C C — —
Animal Care — P C C — —
Undertaking
Service
— — — — C C
Industrial Activities
Custom
Manufacturing
C P P(L3)(L10)(
L12)
P(L3)(L10)
(L12)
P P 17.120
Light
Manufacturing
C P P(L2)(L10)(
L12)
P(L3)(L10)
(L12)
P P 17.120
General
Manufacturing
— — — — P P
Heavy/High
Impact
— — — — — C(L24)
Research and
Development
P(L2) P(L3)(L10
)
P(L3)(L10) P(L3)(L10) P P
Construction
Operations
— — — C(L10) P(L14) P(L14) 17.103.065
Warehousing, Storage, and Distribution-Related:

A. General
Warehousing,
Storage and
Distribution
C — P(L2)(L10) P(L2)(L10) P(L23) P(L23) 17.103.065

Activities Zones Additional
Regulations D-CE-1 D-CE-2 D-CE-3 D-CE-4 D-CE-5 D-CE-6
B. General
Outdoor Storage
— — — — P(L14) P(L14)
C. Self- or Mini-
Storage
— — — — C(L25) —
D. Container
Storage
— — — — P(L14) P(L14)
E. Salvage/Junk
Yards
— — — — — C(L24)
Regional Freight Transportation-Related:

A. Seaport — — — — — C
B. Rail Yard — — — — C C 17.103.065
Trucking and Truck-Related:

A. Freight/Truck
Terminal
— — — — P(L14) P(L14) 17.103.065
B. Truck Yard — — — — C(L24) P(L14) 17.103.065
C. Truck Weigh
Stations
— — — — P(L14) P(L14) 17.103.065
D. Truck & Other
Heavy Vehicle Sales,
Rental & Leasing
— — — — P(L14) P(L14) 17.103.065
E. Truck & Other
Heavy Vehicle
Service, Repair, and
Refueling
— — — — P(L14) P(L14) 17.103.065
Recycling and Waste-Related:

A. Satellite
Recycling Collection
Centers
— P(L15) P(L15) P(L15) P(L15) P(L15) 17.10.040
B. Primary
Recycling Collection
Centers
— — — — — C(L16) 17.73.035

17.103.065
Hazardous Materials Production, Storage, and Waste Management-Related:

A. Small Scale
Transfer and
Storage
— — — — C(L24) C(L17)(L2
4)

Activities Zones Additional
Regulations D-CE-1 D-CE-2 D-CE-3 D-CE-4 D-CE-5 D-CE-6
B. Industrial
Transfer/Storage
— — — — — C(L17)(L2
4)

C. Residuals
Repositories
— — — — — C(L17)(L2
4)

D. Oil and Gas
Storage
— — — — — C(L17)(L2
4)

Agriculture and Extractive Activities
Limited
Agriculture
C(L19) C(L19) P(L20) P(L20) C(L19) C(L19)
Extensive
Agriculture
C(L21) C(L21) C(L21) C(L21) C(L21) C(L21)
Plant Nursery — C C C P P
Mining and
Quarrying
— — — — — —
Accessory off-
street parking
serving prohibited
activities
C C C C C C 17.116.175
Additional
activities that are
permitted or
conditionally
permitted in an
adjacent zone, on
lots near the
boundary thereof.

C C C C C C 17.102.110

Limitations on Table 17.101E.01:

L10. Not including accessory activities, this activity shall take place entirely within an enclosed building. Other outdoor activities shall only be permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure), and Section 17.103.065 for special findings and additional requirements for Truck -Intensive Industrial Activities in the M -40, CIX, IG, IO, D- DT-JLI, D-CE- 5, D-CE-6, D-CO-5, and D-CO-6 Zones).

L14. A Conditional Use Permit is required if located within six hundred (600) of: a) the estuary shoreline; b) the D-CE-3 or D-CE-4 Zone; or c) any Open Space Zone (see Chapter 17.134 for the CUP procedure, and Section 17.103.065 for special findings and additional requirements for Truck-Intensive Industrial Activities in the M-40, CIX, IG, IO, D-DT-JLI, D-CE-5, D-CE-6, D-CO-5, and D-CO-6 Zones) This activity is permitted if located beyond six hundred (600) feet.

L16. This activity is not permitted within six hundred (600) feet of: a) the estuary shoreline; b) the D-CE-1, D-CE-2, D-CE-3, or D-CE-4 Zone; or c) any Open Space Zone. A Conditional Use Permit is required if located elsewhere throughout the zone (see Chapter 17.134 for the CUP procedure, and Section 17.103.065 for special findings and additional requirements for Truck - Intensive Industrial Activities in the M- 40, CIX, IG, IO, D-DT-JLI, D-CE-5, D- CE-6, D- CO-5, and D-CO-6 Zones). All special regulations for primary collection centers in the Industrial Zones must be met as listed in Section 17.73.035.

L23. A C onditional Use Permit is required if located within six hundred (600) feet of a Residential Zone (see Chapter 17.134 for the CUP procedure, and Section 17.103.065 for special findings and additional requirements for Truck -Intensive Industrial Activities in the M -40, CIX, IG, IO, D- DT-JLI, D-CE- 5, D-CE-6, D-CO-5, and D-CO-6 Zones). Permitted if located beyond six hundred (600) feet of a Residential Zone.

L24. P rohibited if located within six hundred (600) feet of a Residential or Open Space Zone; or the estuary shoreline. A Conditional Use Permit is required if located elsewhere throughout the zone (see Chapter 17.134 for the CUP procedure, and Section 17.103.065 for special findings and additional requirements for Truck -Intensive Industrial Activities in the M -40, CIX, IG, IO, D- DT-JLI, D-CE- 5, D-CE-6, D-CO-5, and D-CO-6 Zones).

L25. A Conditional Use Permit is required if located within six hundred (600) feet of a Residential Zone (see Chapter 17.134 for the CUP procedure, and Section 17.103.065 for special findings and additional requirements for Truck -Intensive Industrial Activities in the M -40, CIX, IG, IO, D- DT-JLI, D-CE- 5, D -CE-6, D -CO-5, and D -CO-6 Zones); prohibited if located els ewhere throughout the zone.

Chapter 17.101H D-CO COLISEUM AREA DISTRICT ZONES REGULATIONS

17.101H.030 Permitted and conditionally permitted activities.

Table 17.101H.01 lists the permitted, conditionally permitted, and prohibited activities in the D-CO 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 17.10.040.

Table 17.101H.01: Permitted and Conditionally Permitted Activities

Activities Zones Additional
Regulation
s
D-CO-1 D-CO-2 D-CO-3 D-CO-4 D-CO-5 D-CO-6
Residential Activities
Permanent P P — C(L4) — —
Residential Care P(L1) P(L1) — C(L1)(L4) — — 17.103.010 Supportive
Housing
P P — C(L4) — —
Transitional
Housing
P P — C(L4) — —
Emergency
Shelter
P(L1) P(L1) — P(L1)(L4) — — 17.103.010
Semi-Transient P P — C(L4) — — 17.103.010
Bed and
Breakfast
— — — — — — 17.10.125
Civic Activities
Essential Service P P P P P P
Limited Child-
Care Activities
P P — C(L6) — —
Community
Assembly

C C C C C C
Recreational
Assembly

P P P P C C

Community
Education
P P C C — C
Nonassembly
Cultural

P P P P C C
Administrative P P P P C C
Health Care C C C C — —
Special Health
Care
— — — — — —
Utility and
Vehicular

C C C C C C

Activities Zones Additional
Regulation
s
D-CO-1 D-CO-2 D-CO-3 D-CO-4 D-CO-5 D-CO-6
Extensive
Impact
C C C(L5) C C C
Commercial Activities
General Food
Sales
P P P P(L2) P(L2) P(L2)
Full Service
Restaurants
P P P P(L2) P(L2) P(L2)
Limited Service
Restaurant and
Cafe
P P P P(L2) P(L2) P(L2)
Fast-Food
Restaurant
C C C — — — 17.103.030
and 8.09
Convenience
Market
C C C C — C 17.103.030
Alcoholic
Beverage Sales
C C C C — — 17.103.030
and

17.114.030
Mechanical or
Electronic Games
C P C(L6) — — —
Medical Service P P C C C C

General Retail
Sales
P P P P P(L10) P
Large-Scale
Combined Retail
and Grocery Sales
— C — — — —
Consumer
Service
P(L8) P(L8) P(L8) P(L8) C C 17.102.170
and

17.102.450
Consultative and
Financial Service
P P P P — —
Check Cashier
and Check Cashing
— — — — — — 17.103.040

Activities Zones Additional
Regulation
s
D-CO-1 D-CO-2 D-CO-3 D-CO-4 D-CO-5 D-CO-6
Consumer
Cleaning and
Repair Service
P P P P — —
Consumer Dry
Cleaning Plant
C C C C — —
Group Assembly P(L14) P(L14) C(L14) C(L14) C(L14) C(L14) Personal
Instruction and
Improvement
Services

P P P C C C

Administrative P P P P P P
Business,
Communication,
and Media Services

P P P P P P
Broadcasting and
Recording Services

P P P P P P
Research Service P P P P P P
General
Wholesale Sales
P(L2) P(L2) P(L3) P(L2) P P(L2)

Transient
Habitation
C C C C — C 17.103.050
Building Material
Sales
— — — — C —
Automobile and
Other Light Vehicle
Sales and Rental
C C P — — C
Automobile and
Other Light Vehicle
Gas Station and
Servicing
— — C(L11) — — —
Automobile and
Other Light Vehicle
— — C(L11) — — —

Activities Zones Additional
Regulation
s
D-CO-1 D-CO-2 D-CO-3 D-CO-4 D-CO-5 D-CO-6
Repair and
Cleaning

Taxi and Light
Fleet-Based
Services
— — — — — —
Automotive Fee
Parking
C C C(L11)(L15) C C C
Animal Boarding — — C(L11)(L13) — — —
Animal Care C C C — — —
Undertaking
Service
— — — — — —
Industrial Activities
Custom
Manufacturing
P P P P P P 17.120
Light
Manufacturing
C P P P(L3) P P 17.120
General
Manufacturing
— — — C(L11)
(L13)
— 17.103.06
5

Heavy/High
Impact
— — — — — —
Research and
Development

P P P P P P
Construction
Operations
— — — — C(L7) — 17.103.06
5 Warehousing, Storage, and Distribution-Related:

A. General
W
arehousing,
Storage and
Distribution
— P(L3)(L9) P(L9) P(L3)(L9) P(L9) P(L9) 17.103.065
B. General
O
utdoor Storage
— — — — C(L11)
(L13)
C(L13)
A
ctivities Zones Additional
Regulation
s
D-CO-1 D-CO-2 D-CO-3 D-CO-4 D-CO-5 D-CO-6
C. Self- or Mini-
Storage
— — — — — —
D. Container
Storage
— — — — — —
E. Salvage/Junk
Yards
— — — — — —
Regional Freight Transportation-Related:

A. Seaport — — — — — —
B. Rail Yard — — — — — —
Trucking and Truck-Related:

A. Freight/Truck
Terminal
— — — — C(L7) — 17.103.06
5 B. Truck Yard — — — — C(L7) — 17.103.06
5 C. Truck Weigh
Stations
— — — — C(L7) — 17.103.06
5

D. Truck &
Other Heavy
Vehicle Sales,
Rental & Leasing
— — — — C(L7) — 17.103.06
5 E. Truck &
Other Heavy
Vehicle Service,
Repair, and
Refueling
— — — — C(L7) — 17.103.06
5 Recycling and Waste-Related:

A. Satellite
Recycling
Collection Centers
— — — — — —
B. Primary
Recycling
Collection Centers
— — — — — — 17.73.035

Activities Zones Additional
Regulation
s
D-CO-1 D-CO-2 D-CO-3 D-CO-4 D-CO-5 D-CO-6
Hazardous Materials Production, Storage, and Waste Management-Related:

A. Small Scale
Transfer and
Storage
— — — — —
—
B. Industrial
Transfer/Storage
— — — — — —
C. Residuals
Repositories
— — — — — —
D. Oil and Gas
Storage
— — — — — —
Agriculture and Extractive Activities
Limited Agriculture P(L16) P(L16) P(L16) P(L16) P(L16) P(L16) Extensive
Agriculture
C(L17) C(L17) C(L17) C(L17) C(L17) C(L17)

Plant Nursery — C C C C(L12) C(L12)

Mining and
Quarrying
— — — — — —
Accessory off-
street parking
serving prohibited
activities
C C C C C C 17.116.175
Additional
activities that are
permitted or
conditionally
permitted in an
adjacent zone, on
lots near the
boundary thereof.

C C C C C C 17.102.110

Limitations on Table 17.101H.01:

L2. The total floor area devoted to these activities by any single establishment shall only exceed ten thousand (10,000) square feet upon the granting of a Conditional Use Permit (see Chapter

17.134 for the CUP procedure), and Section 17.103.065 for special findings and additional requirements for Truck-Intensive Industrial Activities in the M-40, CIX, IG, IO, D-DT-JLI, D-CE-5, D-CE-6, D- CO-5, and D-CO-6 Zones).

L3. The total floor area devoted to these activities by any single establishment shall only exceed twenty-five thousand (25,000) square feet upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure), and Section 17.103.065 for special findings and additional requirements for Truck-Intensive Industrial Activities in the M -40, CIX, IG, IO, D-DT- JLI, D-CE-5, D- CE-6, D-CO-5, and D-CO-6 Zones).

L7. In the D-CO-5 Zone, these activities are only allowed in the area between San Leandro Creek and Doolittle Drive. See also Section 17.103.065 for special findings and additional requirements for Truck-Intensive Industrial Activities in the M -40, CIX, IG, IO, D-DT-JLI, D-CE-5, D-CE-6, D- CO-5, and D-CO-6 Zones.

L11. Except for such uses that are accessory to an approved Automobile and Other Light Vehicle Sales and Rental Commercial Activity, these activities are not permitted within three hundred (300) feet of a lot line a djacent to the Hegenberger Road right-of-way. See also Section

17.103.065 for special findings and additional requirements for T ruck-Intensive Industrial Activities in the M-40, CIX, IG, IO, D-DT-JLI, D-CE-5, D-CE-6, D-CO-5, and D-CO-6 Zones.

Chapter 17.102 REGULATIONS APPLICABLE TO CERTAIN ACTIVITIES AND FACILITIES

Sections:

17.102.120 Removal of dirt or other minerals—Residential and S-1, S-2, S-3, S-15, and OS Zones.

17.102.120 Removal of dirt or other minerals—Residential and S-1, S-2, S-3, S-15 and OS Zones.

In all Residential Zones and in the S- 1, S-2, S-3, S -15 and OS Zones, no grading or excavation shall involve the removal of any soil, rock, sand, or other material for purposes of sale, fill, building, or other construction usage off the premises, unless a conditional use is granted pursuant to the conditional use permit procedure in Chapter 17.134. However, excavations in any street, alley, or other public place and excavations for foundations, basements, or cel lars for the erection of any buildings for which a building permit has been issued shall be exempt from the above restriction.

17.102.180 Restriction on vertical location of activities in buildings containing both Residential and Nonresidential Activities—Commercial Zones.

In all Commercial Zones, no Industrial Activity shall be conducted within any building above any story thereof occupied wholly or partly by Residential Activities, except upon the granting of a Conditional Use Permit pursuant to the Conditional Use Permit procedure in Chapter 17.134.

However, this requirement shall not apply to:

A. Nonresidential Activities within:

1. HBX, CIX, IG, IO, D-DT, or D-CE Work/Live Nonresidential Facilities;

2. Joint Living and Working Quarters, pursuant to Section 17.102.190;

3. Residentially-Oriented Joint Living and Working Quarters, pursuant to Section

17.102.195; or
B. An approved home occupation, pursuant to Chapter 17.112.

Chapter 17.103 SPECIAL REGULATIONS AND FINDINGS FOR CERTAIN USE

CLASSIFICATIONS

17.103.030 Fast-Food Restaurant, and Convenience Market Commercial Activities, and Establishments Selling Alcoholic Beverages.

B. Special Restrictions on Establishments Selling Alcoholic Beverages.

1. No Alcoholic Beverage Sales Commercial Activity or sale of alcoholic beverages shall be located closer than one thousand (1,000) feet to any other establishment selling alcoholic beverages measured between closest building walls, except:
a. On-sale retail licenses located in the Central District (defined in Section 17.09.040 for the purposes of this Chapter only as within the boundaries of I-980 and Brush street to the west; both sides of 27th Street to the north; Harrison Street/Lake Merritt and the Lake Merritt Channel to the east; and the Estuary to the south); or b. Off-sale retail licenses that fall within the exception for CUP for Alcoholic Beverage Sales Commercial Activities listed in Table 17.101K.01, L.30 and are located in the Central District (defined in Section 17.09.040) Jack London District (defined for the purposes of this Chapter only as within the boundaries of Martin Luther King Jr. Way to the west, I-880 to the north; the Lake Merritt Channel to the east; and the Estuary to the south); or
c. If the activity is in conjunction with a Full -Service Restaurant or Limited- Service Restaurant and Café Commercial Activity; or
d. Establishments with twenty-five (25) or more full time equivalent (FTE) employees or a total floor area of twelve thousand (12,000) square feet or more.; or e. If the activity is in conjunction with the on-sale and/or off-sale of alcoholic beverages at an alcoholic beverage manufacturer:
i. For the purposes of this Chapter only, an “alcoholic beverage manufacturer” means a Custom or Light Manufacturing Industrial Activity producing alcoholic beverages as a principal activity, with a State of California Department of Alcoholic Beverage Control (ABC) license type that includes, but is not limited to, a Type 02 (Winegrower) or Type 23 (Small Beer Manufacturer). The ABC license type shall not consist solely of a bar or liquor store license type, such as a Type 48, 20, or 21. The on-sale and/or off-sale of alcoholic beverages at such an alcoholic beverage manufacturer are excluded from the definition of Alcoholic Beverage Sales Commercial Activities, as specified in Section

17.10.300.
ii. The sale of alcoholic beverages at an alcoholic beverage manufacturer is only permitted upon the granting of a Minor Conditional Use Permit (CUP), regardless of whether such Custom or Light Manufacturing Industrial Activity is otherwise allowed by right in the underlying zone (see Chapter 17.134 for the CUP procedure).
iii. Also, no additional CUP findings are required, regardless of whether such sale of alcoholic beverages at an alcoholic beverage manufacturer meets normally required separation requirements, and/or is located in an over -concentrated area.

2. In addition to the above criteria, projects located outside of the Central District, the

Hegenberger Road Corridor, and the D-CO-2 and D-CO-3 Zones shall meet all of the following criteria to make a finding of Public Convenience or Necessity, with the exception of those projects that will result in twenty-five (25) or more full time equivalent (FTE) employees and will result in a total floor area of twelve thousand (12,000) square feet or more:
a. The proposed project is not within one thousand (1,000) feet of another alcohol outlet (not including Full -Service Restaurant and Limited- Service Restaurant and Café Commercial Activities), school, licensed day care center, public park or playground, churches, senior citizen facilities, and licensed alcohol or drug treatment facilities; and
b. Police department calls for service within the "beat" where the project is located do not exceed by twenty percent (20%), the average of calls for police service in police beats Citywide during the preceding one (1) calendar year.

3. See Chapter 17.156 for Deemed Approved Alcoholic Beverage Sale regulations.

4. Standards for Limited-Service Restaurant and Café Commercial Activities that include the service of alcoholic beverages:
a. Hours of operation shall not exceed a closing time of 12:00 a.m., unless a Cabaret Permit is obtained.
b. Food service shall be offered at all times the Limited-Service Restaurant or Café is open, with the exception that the establishment may elect to close the kitchen up to two (2) hours prior to closing.
c. Minors shall be admitted at all times, unless a Cabaret Entertainment Venue Permit is obtained.
d. No adm ission shall be charged, unless a Cabaret Entertainment Venue Permit is obtained. e. Window clarity shall be maintained at or restored to fifty percent (50%) seventy-five percent (75%) minimum.
f. Floor plan shall depict a dining area and no bar.
g. Off-sale (retail bottle sales of beer and / or wine) shall be considered with to-go food orders after a period of six (6) months of operation by same operator and upon completion of a satisfactory administrative compliance review. h. Sale of alcoholic beverages shall not exceed fifty-percent (50%) of revenues. i. That where the proposed use is abutting and facing residential uses, and especially to bedroom windows, it will be limited in hours of operation, or designed or operated, so as to avoid disruption of residents’ sleep between the hours of 10:00 p.m. and 7:00 a.m.
j. Applicants for projects involving alcohol sales are encouraged to conduct outreach early in the permit review process, including but not limited to, contact with the City Council District Office, Neighborhood Crime Prevention Council/NCPC (can be contacted through the City’s Neighborhood Service Coordinators), merchant groups, and any other applicable neighborhood groups. Outcomes should be reported to the Planning Bureau in writing.

B. S pecial Restrictions Applying to Fast-Food Restaurants.

1. No Fast-Food Restaurant Commercial Activity shall be located within a one thousand (1,000) foot radius of an existing or approved Fast-Food Restaurant, as measured from the center of the front property line of the proposed site, except in the Central District

(defined in Section 17.09.040 for the purposes of this Chapter only a s within the boundaries of 1-980 and Brush Street to the west; both sides of 27th Street to the North; Harrison Street/Lake Merritt and the Lake Merritt Channel to the east; and the Estuary to the south), within the main building of Shopping Center Facilities, and in the D-CO-2 and D-CO-3 Zones.

17.103.065 Truck-Intensive Industrial Activities.

B. Special Conditional Use Permit Criteria. In the M -40, CIX, IG, IO, D- DT-JLI, D-CE-5, D- CE-6, D -CO-5, and D -CO-6 Zones, a Conditional Use Permit is required for a Truck - Intensive Industrial Activity to be located within six hundred (600) feet of any Residential Zone boundary and shall only be granted upon determination that the proposal conforms to the general criteria set forth in the Conditional Use Permit procedure (see Section

17.134.050) and to all of the following additional use permit criteria:

C. S
pecial Performance Standards (in addition to those Performance Standards contained in Chapter 17.120). Truck-Intensive Industrial Activities in the M -40, CIX, IG, IO, D- DT-JLI, D- CE-5, D -CE-6, D - CO-5, and D-CO-6 Zones located within six hundred (600) feet of any Residential Zone boundary shall be subject to the following special requirements to ensure that the criteria contained in Subsection B, above are fulfilled:
a. Truck access points to the activity site shall only be from truck routes designated by the City of Oakland;
b. All trucks associated with the activity shall comply with California Air Resources Board idling regulations;
c. All loading docks shall have electric plug-in capabilities;

d. New truck parking areas and loading docks shall be sited so as to minimize impacts on sensitive receptor locations, including but not limited to orienting them away from residential and open space areas;
e. Identification, directional and informational signs shall be provided on site. At a minimum, the following information shall be posted:
i. Business Identification. 24- hour contact information of facility operator near the entrance(s) and perimeter of the facility;
ii. A map of authorized truck routes to the facility posted at the office and available to customers, truck operators, and the public; and
iii. “No Idling” signs near loading docks and truck parking and staging areas.

f. After business hours, all facility-owned vehicles shall be stored on-site or at an approved alternative off-street location;
g. The operation shall meet the requirements of the Bay Area Air Quality Management District (BAAQMD);

h. The proposal shall comply with all applicable performance standards contained in Chapter

17.120;
i. All equ ipment shall be maintained and kept in good working order and meet current regional and state air quality standards;
j. The business operator shall maintain a 24- hour "hotline" where neighbors can log complaints regarding nuisance activity associated with or emanating from the facility.

Complaint logs shall be maintained and made available to the City for inspection/copying upon reasonable notice.

D. Standard Buffering and Landscaping Condition for Truck-Intensive Industrial Activities in the M-40, CIX, IG, IO, D-DT-JLI, D-CE-5, D-CE-6, D-CO-5, and D-CO-6 Zones. A combination of wall and vegetative buffer shall be used as a method to block diesel and other emissions from sensitive receptor locations. For a vegetative buffer, dense rows of trees and other vegetation between sensitive receptor locations and emission sources shall be planted. See Appendix A. of the City of Oakland’s Gateway Industrial District Design Standards for approved landscape buffers and a plant list. Street trees as required by Section 17.124.025 shall also be installed. All required planting shall be permanently maintained in good growing condition and, whenever necessary, replaced with new plant materials to ensure continued compliance with applicable landscaping requirements. All required irrigation systems shall be permanently maintained in good condition, and, whenever necessary, repaired or replaced.

Chapter 17.104 GENERAL LIMITATIONS ON SIGNS

Sections:

17.104.030 General limitations on Signs—S-1, S-2, S-3, D-CO-1, and S-15 Zones.

17.104.020 General limitations on Signs—RU-4 and RU-5 Zones, and all Commercial and Industrial Zones.

C. Maximum Height.

1. Attached Signs. The maximum height of any sign that is attached to a building may not exceed the height of the building wall that it is attached to.

2. Freestanding Signs. The maximum height of any freestanding sign in the CC, M- 20, M-30, M-40, CIX, IG, IO, D- DT -JLI, D-CE, D-CO-2, D-CO-3, D-CO-4, D-CO- 5, and D-CO-6 Zones is twenty (20) feet. The maximum height in the RU-4 and RU- 5 Zones and all other Commercial and Industrial Zones is ten (10) feet.

17.104.030 General limitations on Signs—S-1, S-2, S-3, D-CO-1, and S-15 Zones.

The following limitations shall apply to the specified Signs in the S-1, S-2, S-3, D-CO-1, and S-15 Zones, and are in addition to the limitations, if any, prescribed for Signs in the applicable individual zone regulations or development control maps:

B. P ermitted Aggregate Sign Area. S-1, S-2, S-3, D-CO-1, and S-15 Zones. The maximum aggregate area of display surface of all Business, Civic, and Residential Signs on any one lot shall be one (1) square foot for each one foot of lot frontage in the case of an interior lot, or one-half (0.5) square feet for each one (1) foot of lot frontage in the case of a corner lot. The aggregate shall include only one (1) face of a double-faced sign. The total amount of aggregate sign area shall not exceed two hundred (200) square feet on any one property. Exceptions to the total amount of aggregate sign area n ormally allowed on any one property may be approved pursuant to the regulations in Subsection B.1. below.

1. Exception to Aggregate Sign Area Limits. The following exceptions to the aggregate sign area limits may be approved:
a. In cases in which the maximum aggregate sign area for a property is already being utilized by a portion of the existing tenant spaces in a multi-tenant building or complex, twenty (20) square feet of sign area for each tenant space in the multi-tenant building or complex without existing signage on site is allowed if approved pursuant to the Small project design review procedure in Chapter

17.136;
b. Signs conforming to a Master Sign Program approved pursuant to Section

17.104.070.

C. Maximum Height.

1. Attached Signs. The maximum height of any sign that is attached to a building may not exceed the height of the building wall that it is attached to.

2. Freestanding Signs. The maximum height of any freestanding sign in the S-1, S-2, S-3, D-CO-1, and S-15 Zones is ten (10) feet.

17.104.070 Master Sign Programs.

A. Submittal Requirements. In all Commercial and Industrial Zones, as well as the RU-4, RU-5, S-1, S-2, S-3, and S-15 Zones, any Commercial, Industrial, or mixed use building or complex containing two (2) or more tenant spaces on site may apply for a Master Sign Program which specifies the overall design, configuration, and permitted sizes of Signs for that building or complex. Applications for a Master Sign Program shall identify, at a minimum, the permitted sign sizes, materials, colors, placement, cons truction, method of lighting, and other related sign requirements for the applicable Commercial, Industrial, or mixed use building or complex. Drawings shall indicate the exterior surface details of all buildings on the site; the typical sign locations, designs, colors, and faces; and the methods of sign construction, installation, and lighting.

Chapter 17.106 GENERAL LOT, DENSITY, AND AREA REGULATIONS

Sections:

17.106.050 Use permit criteria for increased density or Floor Area Ratio with acquisition of nearby development rights outside of the D-DT Zones.

17.106.050 Use permit criteria for increased density or Floor Area Ratio with acquisition of nearby development rights outside of the D-DT Zones.

Except as indicated in the D- DT Zones, A a Conditional Use Permit for an increase in the number of allowed living units or Floor Area Ratio (FAR) upon acquisition of the development rights of lots within three hundred (300) feet of the subject development site 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 all of the following additional use permit criteria:

A. That the applicant has acquired development rights from the owners of lots within three hundred (300) feet of the subject development site, restricting the number of living units or the amount of floor area which may be developed thereon so long as the facilities proposed by the applicant are in existence;
B. That the owners of all such nearby lots shall prepare and execute an agreement, approved as to form and legality by the City Attorney and filed with the Alameda County Recorder, incorporating such restriction;
C. That the resultant reduction in potential number of living units or amount of floor area on such nearby lots is sufficient in amount and is so located as to cause the net effect upon the surrounding neighborhood to be substantially equivalent to that of the development which would be allowable otherwise.

In the D-DT Zone, any proposed increase in the number of living units or Floor Area Ratio (FAR) through the acquisition of development rights shall be reviewed instead according to the transfer of development rights regulations in Section 17.101K.120.

Chapter 17.108 GENERAL HEIGHT, YARD, AND COURT REGULATIONS

17.108.010 Height restrictions on lots abutting property in an RH, RD, or RM Zone.

Unless specified otherwise in the applicable individual zone, the following special height restriction regulations shall apply to every lot in the RU-4 and RU-5 Zones, and RU-1, R-80, S-1, S-2, S-3, and S-15 Zones, and all Commercial and Industrial Zones which that abuts any lot located in an RH, RD, or RM Zone:

A. Where Side Lot Line Is Abutting Zone Boundary. Where an interior side lot line of the former lot abuts a RH, RD, or RM Zone, no building or other facility shall, except for the projections allowed by Section 17.108.030, exceed thirty (30) feet in height unless each portion above that height is set back there from the inner line of the minimum side yard or from the abutting portion of the lot line where such yard is not required, a minimum horizontal distance equal to one (1) foot for each foot by which it extends above that height if the principal building on the abutting lot has a height of thirty (30) feet or less. 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 or lot line.

17.108.020 Different maximum height in certain situations.

General Height for Civic Facilities with Increased Yards. On parcels in the RH, RD, RM, RU, CN, CC, CR, HBX, M-20, S-15, OS, D-CO, and D-CE Zones that have a height limit of less than ninety-five (95) feet, a facility accommodating or serving any Civic Activity may, notwithstanding the maximum height prescribed for facilities in general in the applicable individual zone regulations, have a height of up to ninety-five (95) feet upon the granting of a Conditional Use Permit pursuant to the Conditional Use Permit procedure in Chapter 17.134 if the minimum depth or width, as the case may be, of each front, side, and rear yard, if any, otherwise required is increased for such facility by one (1) foot for each foot by which the facility exceeds the aforesaid maximum height. To the extent allowed by the Conditional Use Permit, the greater height authorized by this Subsection may be exceeded by the projections allowed by Section 17.108.030.

17.108.130 Exceptions to required openness of minimum yards and courts.

Every part of each required minimum yard and court shall be open and unobstructed from finished grade, or where applicable from such other specified level at which the yard or court is required, to the sky except for the facilities allowed in the yard or court by the following table.

Furthermore, in no case shall more than fifty percent (50%) of the horizontal area of any required minimum rear yard be covered by any facilities, other than trees and Accessory Dwelling Units in conformance with all requirements in Section 17.103.080, which extend more than six (6) feet above the level at which the rear yard is required. Wherever a yard is required only for a particular facility, it may be provided at the level of the lowest story containing such facility; provided that where such facility is a Residential Facility, such level shall be that of the lowest story, or portion thereof, containing any living unit. Where the height of facilities within minimum yards or courts is not specifically further limited by the following table, the facilities shall conform to the regular height restrictions, if any, applicable to facilities where they are located. Facilities within minimum yards and courts shall also be subject to any applicable exceptions allowed for Nonconforming Uses in Chapter 17.114, Accessory Dwelling Units in Section 17.103.080, and screening requirements or other controls prescribed by the buffering regulations in Chapter 17.110; or by

the pertinent development control maps or individual zone regulations, which in some zones require that minimum front yards, or side yards on the street side of a corner lot, be landscaped.

Facilities Allowed Projection Into or Location Within Minimum Required Yard or Court, Subject to the Further Restrictions Indicated in This Section's First Paragraph (Blanks indicate that facility is not allowed.) Front Yard Side Yard on
Street Side of
Corner Lot
Side Yard
Along Interior
Side Lot Line
Rear Yard
(But see
coverage
limit in first
paragraph.)
Court
M. Unroofed parking and
loading areas.

In any yard or court, except that in all Residential Zones and in the S-1, S- 2, and S-3 Zones, no unroofed parking space which that is located on any lot containing three (3) or more parking spaces, and no unroofed loading berth, shall be located within five (5) feet of the edge of pavement of any street or alley.

17.108.140 Fences, dense hedges, barriers, and similar freestanding walls.

C. Commercial Zones and in the OS, S-1, S-2, S-3, D-CO-1, and S-15 Zones. The provisions of this Subsection apply to all properties located in all Commercial Zones and in the OS, S-1, S-2, S-3, D-CO-1, and S-15 Zones.

1. Height.
a. The maximum height allowed by right of any fence, dense hedge, barrier, or similar freestanding wall located within ten (10) feet of the public right-of-way or any abutting property located in a Residential or Open Space Zone is eight (8) feet. A fence higher than eight (8) feet but no more than ten (10) feet may only be permitted in these locations if installed with additional landscape screening and upon the granting of Design Review pursuant to the Design Review procedure in Chapter 17.136. b. The maximum height of any fence, dense hedge, barrier, or similar freestanding wall elsewhere on a lot is ten (10) feet.

2. Restricted Materials. In any location visible from the adjacent public right-of-way, no

3. barbed wire, razor wire, or electrified wire shall be permitted as part of or attached to fences or walls, or attached to the exterior of any building or similar facility. a. Exceptions. Fences or walls shall be exempted from the above limitation on barbed wire, razor wire, or electrified wire where the Director of City Planning, or his or her designee, determines that it will increase safety and security or that trespassing could present a public safety hazard. The Director of City Planning, or his or her designee, is hereby authorized to institute standards consistent with this subsection to guide implementation of this exception.

Chapter 17.110 BUFFERING REGULATIONS

Sections:

17.110.020 General buffering requirements—Residential and S-1, S-2, S-3, S-15, D-CO-1, and OS Zones.

17.110.030 General buffering requirements —Commercial and Industrial Zones.

17.110.040 Special buffering requirements.

17.110.020 General buffering requirements—Residential and S-1, S-2, S-3, S-15, D-CO-1, and OS Zones.

The following regulations shall appl y in all Residential Zones and in the S-1, S-2, S-3, S-15, D-CO-1, and OS Zones, and are in addition to the provisions set forth in Section 17.110.040:

17.110.040 Special buffering requirements.

B. S creening of Open Parking, Loading, and Storage Areas in the CN, CR-1, M-20, D-CE-3, D- CO-1, and S-15 Zones. In the CN, CR-1, M-20, D-CE-3, D-CO-1, and S-15 Zones, open parking, loading, and storage areas shall be subject to the same screening and setback requirements as are set forth in Subsections A. and B. of Section 17.110.020. Existing nonconforming storage areas in said zones shall be subject to the provisions of Section

17.114.140.

Chapter 17.114 NONCONFORMING USES

17.114.050 Nonconforming Activity—Discontinuance.

A. Activity Nonconforming Because It Is Not a Permitted Activity. Other than: 1) an Alcoholic Beverage Sales Commercial Activity, 2) an Automotive Servicing or Automotive Repair and Cleaning Activity in the D-BV Zones, or 3) Truck-Intensive Industrial Activities as defined in Section 17.103.065, Trucking and Truck -Related Industrial Activities, and Recycling and Waste-Related Industrial Activities in the M -40, CIX, IG, IO, D- DT-JLI, D-CE-5, D-CE-6, D- CO-5, and D - CO-6 Zones, whenever an activity that is nonconforming wholly or partly because it is not itself a permitted activity where it is located, occupies four hundred (400) square feet or more of floor area and hereafter discontinues active operation for a continuous period of one (1) year, or occupies less than four hundred (400) square feet of floor area and hereafter discontinues active operation for a continuous period of six (6) months, and the facilities accommodating or serving such activity are not utilized for another activity during such period, said facilities may thereafter be utilized only for a normally permitted or conditionally permitted activity pursuant to Subsection 17.114.070.A., except the former act ivity may be resumed after a longer period upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134.

D. Whenever a nonconforming Truck-Intensive Industrial Activities as defined in Section

17.103.065, Trucking and Truck-Related Industrial Activity, or Recycling and Waste- Related Industrial Activity in the M-40, CIX, IG, IO, D-CE-5, D-CE-6, D-CO-5, and D-CO-6 Zones discontinues active operation for more than zero (0) days, based on purposeful abandonment, the right to continue the nonconforming use shall expire immediately upon discontinuance of use. However, if another activity has replaced it, the former activity may thereafter only be resumed if and only if such resumption would constitute an allowable change under Subsection 17.114.070.A. Section 17.114.060 shall also apply.

17.114.070 Nonconforming Activity—Allowed substitutions and other changes in activity.

A. Activity Nonconforming Because It Is Not a Permitted Activity. The activities specified in the following table may be substituted for any of the indicated activi ties which is nonconforming wholly or partly because it is not itself a permitted activity where it is located:

Zone Prior Nonconforming Activity Activity Which May be Substituted for Prior Activity, Subject to the Provisions Listed Below
This Table
Any zone. Any such activity. Any activity otherwise permitted or, upon the granting of a Conditional Use Permit pursuant to
the Conditional Use Permit procedure in Chapter

17.134, any activity otherwise conditionally
permitted in the same location.

Any Residential
Zone or S-1, S-2,
or S-3 Zone.

Any such Industrial Activity
where it is not a permitted or
conditionally permitted activity.

Any Commercial Activity permitted in the CN-4
Zone.

Zone Prior Nonconforming Activity Activity Which May be Substituted for Prior Activity, Subject to the Provisions Listed Below
This Table
The following such Commercial
Activities where they are not a
permitted or conditionally
permitted activity:

Research Service (see below)
General Wholesale Sales (see below)
Building Material Sales (see below)
Automobile and Other Light
Vehicle Sales and Rental
(see below)
Automotive and Other Light
Vehicle Repair and Cleaning
(see below)
Taxi and Light Fleet-Based
Service
(see below)
Animal Care (see below)
Animal Boarding (see below)
Undertaking Service (see below)
Scrap Operation (see below)

Zone Prior Nonconforming Activity Activity Which May be Substituted for Prior Activity, Subject to the Provisions Listed Below
This Table
Any Commercial Activity permitted in the CC-2
Zone.

The following such Commercial
Activities where they are not a
permitted or conditionally
permitted activity:

General Food Sales (see below)
Full Service Restaurant (see below)
Limited Service Restaurant and
Cafe
(see below)
Fast-Food Restaurant (see below)
Convenience Market (see below)
Alcoholic Beverage Sales (see below)
Mechanical or Electronic Games (see below)
General Retail Sales (see below)
Consumer Service (see below)
Consumer Cleaning and Repair
Service
(see below)
Consumer Dry Cleaning Plant (see below)
Group Assembly (see below)
Personal Instruction and
Improvement Services
(see below)
Business, Communication, and
Media Service
(see below)
Broadcasting and Recording
Service
(see below)
Any Commercial Activity permitted in the CN-4
Zone.

The following such Commercial
Activities where they are not a
permitted or conditionally
permitted activities:

Medical Service (see below)
Consultative and Financial
Service
(see below)

Zone Prior Nonconforming Activity Activity Which May be Substituted for Prior Activity, Subject to the Provisions Listed Below
This Table
Administrative (see below)
Administrative Civic Activities. Administrative
Commercial Activities. Medical Service.

Consultative and Financial Service.

Any other Commercial Activity
where it is not a permitted or
conditionally permitted activity.

Any Commercial Activity permitted in the CC-2
Zone.

Any Commercial
Zone.

Any such Commercial or
Industrial Activity where it is not
a permitted or conditionally
permitted activity.

Any Commercial Activity permitted in the CC-2
Zone.

Any Industrial
Zone.

Any such Commercial or
Industrial Activity where it is not
a permitted or conditionally
permitted activity.

Any Commercial Activity permitted in the CC-2
Zone.

Article III Nonconforming Facilities

17.114.140 Nonconforming open storage in the CN, CR-1, CIX-1A, CIX-1B, CIX-1C, CIX-1D,, and D-DT-JLI and M-20 Zones—Screening required within three (3) years.

17.114.130 Nonconforming open storage on same lot as Residential Facility—Screening required within three years.

On any lot containing a Residential Facility, any open area which is devoted to storage or display of goods or materials shall, within three (3) years after the effective date of the zoning regulations, be either removed or made to conform to the applicable screening requirements of Section 17.110.040A.

17.114.140 Nonconforming open storage in the CN, CR-1, CIX-1A, CIX-1B, CIX-1C, CIX-1D, and D-DT-JLI, and M-20 Zones—Screening required within three (3) years.

In the CN, CR-1, CIX-1A, CIX-1B, CIX-1C, CIX-1D, D- DT-JLI and M-20 Zones, all open storage areas shall, within three (3) years after inclusion in said zones, be either removed or made to conform to the screening requirements of Section 17.110.040.B.

Chapter 17.116 OFF-STREET PARKING AND LOADING REQUIREMENTS

Article II Off-Street Parking Requirements

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

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:

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

RH Zones, except when combined
with the 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.

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.

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

No spaces required.

Residential
Facility Type
Zone Total Required Parking
Any other 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.

Accessory
Dwelling Unit
(in
conjunction
with One-
Family, Two-
to Four-
Family, or
Multifamily
Dwelling).

D-DTCBD, S-2, S-15, D-CO-1, and D-
LM Zones, except when combined
with the S-9 or S-11 Zone.

No additional spaces required for the
Accessory Dwelling Unit.

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

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

No spaces required.

All other zones. 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.

Rooming
House.

D-DTCBD, 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-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.

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.

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

No spaces required.

Residential
Facility Type
Zone Total Required Parking
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.

D-DTCBD, S-2, and D-
LM Zones.

Three-quarters (¾) space per dwelling unit.

All other zones. No maximum parking requirement.

Rooming House. D-DTCBD, S-2, S-15, D-
LM, and D-CO-1 Zones
One-half (½) space for each Rooming Unit.

All other zones. No maximum parking requirement.

Vehicular. All zones. See Section 17.103.085.

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

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.

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.

Civic Activity Zone Minimum Total
Size for Which
Parking Required
Total Required Parking
Churches and all other. CBD-P, CBD-C,

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

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.

C. Community Education: high
schools.

CBD-P, CBD-C,

CBD-XD-DT, 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-XD-DT, S-
2, S-15, S-16, D-
CO-1,
and D-LM-2
through D-LM-
5 Zones.
— No spaces required.

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-XD-DT, 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.

One (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.

E. Health Care: hospitals. CBD-C, CBD-X,
D-DT, 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.

Clinics. C-45, CBD-P,

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

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

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

No minimum. No spaces required.

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.

F. Utility and Vehicular. D-DT, CDB-P,
CBD-C,
CBD-X, S-2, S-
15, S-16, D-CO-
1, and D-LM-2
through D-LM-
5 Zones.
— No spaces required.

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.

Civic Activity Zone Minimum Total
Size for Which
Parking Required
Total Required Parking
G. Extensive Impact: colleges
and universities.

D-DT, 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.

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

D-DT, 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.

Commercial
Activity
and/or dance
space. Go to “All
other activities,”
below for other
Group Assembly
Activities.

Zone Minimum Total Size for
Which Parking
Required
Total Required Parking
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.

General
Wholesale.

Building Material
Sales.

Automobile and
Other Light Vehicle
Sales and Rental.

Automobile and
Other Light Vehicle
Gas Station and
Servicing.

CBD-P, C BD -C,
CBD-X, D-DT, 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.

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.

D-DT, CBD-P,
CBD-C,
CBD-X, S-2, D-
LM-2 through
D-LM-5, D-CO-1,
and S- 15, and S-
16 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.

D-D

T, 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.

Commercial
Activity
Zone Minimum Total Size for
Which Parking
Required
Total Required Parking
Automotive Fee
Parking.

All zones. — No spaces required.

Animal Boarding. D-DT, 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 D-DT, 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) square feet for
all other zones.

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.

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 Commercial and Administrative Civic Activities):

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.

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

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:

Zone Minimum Total
Size for Which
Parking Required
Total Required Parking

D-DT, CBD-P,

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

Zone Minimum Total
Size for Which
Parking Required
Total Required Parking
All other zones. 25,000 square feet
of floor area.

One (1) space for each five thousand (5,000) 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.

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

D-DT, 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.

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

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

17.116.120 Off-street loading—Residential 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 Residential Activities when occupying facilities of the indicated sizes, and shall be developed and maintained pursuant to the provisions of Article V of this Chapter: (See illustration I-18.)

Residential Activity and Total Floor Area of Facilities Occupied Requirement Requirement Less than 50,000 square feet. No berth required.
50,000 square feet or more. One (1) berth.*

*Off-street loading is not required in a D-DTCBD-P Zone when combined with the S-7 Zone.

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 square feet or more. Two (2) berths.*
B. Utility and Vehicular or Extensive Impact. A number of berths to be prescribed by the Director of City Planning pursuant to
Section 17.116.040
C. All other Civic Activities. No berths required.
*Off-street loading is not required in a D-DT 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. One (1) berth.*
150,000 square feet or more. Two (2) 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:

Commercial Activity and Floor Area of Facilities Occupied Requirement Less than 50,000 square feet. No berths required.*
50,000—199,999 square feet. One (1) berth.*
200,000 square feet or more. Two (2) berths.*
*Off-street loading is not required in the CBD-P a D-DT Zone when combined with the S-7 Zone.

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—99,999 square feet. One (1) berth.*
100,000—199,999 square feet. Two (2) berths.*
Each additional 150,000 square feet or fraction of two-thirds or more thereof.

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

17.116.170 Property on which parking and loading is provided.

A. Parking Spaces and Loading. Off-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 Activ ity it serves shall not count toward any of the required parking serving the Facility or Activity on the off - site lot.

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,
D-DT, 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 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%), parking stalls may be permitted to extend into the public right-of-way of an adjoining street subject to the following standards:

Facility and
Activity it Serves
Zone Location

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

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

3. 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

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

Parking spaces for
any Industrial
Activity.

Any zone. On the same lot as the activity served; or, subject to the provisions of Section 17.116.180, on another lot located within six hundred (600) feet.

Parking spaces for
any other activity.

Any zone. On the same lot as the activity served; or, subject to the provisions of Section 17.116.180, on another lot located within three hundred (300) feet or, upon the granting of a
Conditional Use Permit (see Chapter 17.134 for the CUP
procedure), within six hundred (600) feet.

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, D-DT, CBD, CN, and CC, C-40, and C-45 Zones, may, upon the granting of a Conditional Use Permit pursuant to the Conditional Use Permit procedure in Chapter 17.134, and subject to the provisions of Section

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

17.116.270 Screening and setback of parking and loading areas.

A. In all Residential Zones and in the S-1, S-2, S-3, and OS Zones. In all Residential Zones and in the S-1, S-2, S-3 and OS Zones, all open off-street parking areas on any lot containing

three (3) or more spaces, and all open off-street loading areas on any lot, shall be screened from abutting lots, except where a maneuvering aisle is shared with the abutting lot in the manner described in Section 17.116.170(B)(2), 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 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. All such areas shall be screened from all abutting streets, alleys, and paths, and private streets and other ways described in Section 17.106.020, by dense landscaping not less than three and one-half (3½) 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 three and one -half (3½) feet high, subject to the standards for required landscaping and screening and the exceptions stated therein. No unroofed parking space or loading berth on such lots shall be located within five (5) feet from any street line or alley, except as allowed by Section 17.116.170

17.116.280 Control on artificial illumination of parking and loading facilities.

In all Residential Zones and in the S- 1, S-2, S-3, and OS Zones, artificial illumination of all off-street parking areas located on any lot containing three (3) or more parking spaces and all off- street loading areas on any lot, and of driveways related thereto, shall be nonflashing and shall be directed away from all abutting lots and from any on -site residential living units so as to eliminate objectionable glare. In Commercial and Industrial Zones, artificial illumination of off - street parking and loading facilities shall be controlled when and as specified in Section

17.110.030 of the buffering regulations.

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 five (5) or more units:

B. Off-street parking spaces shall only be offered to residents of the dwelling units served by the off-street parking. In the RU-4, RU-5, D-DTCBD and any Commercial Zone, any spaces (required or not required) not purchased or rented by residents may be rented to non - residents. Such spaces must be vacated on thirty (30) days’ notice if requested by residents to be made available to them.

Chapter 17.120 PERFORMANCE STANDARDS

17.120.060 Vibration.

All activities, except those located within the M-40 Zone, the D-DT-JLI, D-CE-1, D-CE-2, D- CE-5, or D- CE-6 Zones, or in the D-CO, IG, M-30, or CIX Zones, more than four hundred (400) feet from any Residential Zone boundary, shall be so operated as not to create a vibration which is perceptible without instruments by the average person at or beyond any lot line of the lot containing such activities. Ground vibration caused by motor vehicles, trains, and temporary construction or demolition work is exempted from this standard.

17.120.070 Smoke.

All Commercial and Industrial Activities located in a Residential Zone or in any HBX, D -CO, D-DT-JLI, D-CE, CIX, or M-40 Zone shall be so operated as not to emit visible smoke as dark as Ringelmann number 2 or its equivalent opacity for more than three minutes in any one-hour period, and visible smoke as dark as Ringelmann number 1 or its equivalent opacity for more than an additional seven minutes in any one-hour period. Darker or more opaque smoke is prohibited at any time.

17.120.080 Particulate matter and air contaminants.

All Commercial and Industrial Activities which are located in a Residential Zone or the M-20, S-3, CIX, HBX, D-DT-JLI, D-CO, D-CE-3, or D-CE-4 Zones, or which are located in the D-CE-1, D- CE-2, D- CE-5, D -CE-6, M- 30, M-40, IG, or IO Zones within four hundred (400) feet of any boundary of a Residential Zone, shall be so operated as not to emit particulate matter of air contaminants which are readily detectable without instruments by the average person at or beyond any lot line of the lot containing such activities.

17.120.090 Odor.

When located in the zones specified below, all Commercial and Industrial Activ ities shall be so operated as not to emit matter causing unpleasant odors which are perceptible by the average person at the following point of determination described in Table 17.120.05. Table 17.120.05 establishes the maximum allowable receiving noise level standards.

Table 17.120.05: Points of Determination for Odor

Zone in Which Activities are Located Point of Determination Any Residential Zone, M-20, S-3, the HBX Zones, D-DT-JLI, D-CE- 3, D-CE-4, CIX-1, CIX-1A, CIX-1B, CIX-1C, or CIX-1D Zone.

At or beyond any lot line of the
lot containing the activities.

D-CO, D-CE-1, D-CE-2, D-CE-5, D-CE-6, M-30, M-40, CIX-2, IG or IO Zones if within four hundred (400) feet of any boundary of a Residential Zone.

At or beyond any boundary of a
Residential Zone.

17.120.110 Humidity, heat, cold, and glare.

When located in the zones specified below, all Commercial and Industrial Activities shall be so operated as not to produce humidity, heat, cold, or glare which is perceptible without instruments by the average person at the points of determination described in Table 17.120.06.

Table 17.120.06 establishes the maximum allowable receiving noise level standards.

Table 17.120.06: Points of Determination for Humidity, Heat, Cold and Glare

Zone in Which Activities are Located Point of Determination Any Residential Zone, M-20, S-3, HBX Zones, D-DT-JLI, D-CE 3, D- CE-4, CIX-1, CIX-1A, CIX-1B, CIX-1C, or CIX-1D Zones.

At or beyond any lot line of the
lot containing the activities.

D-CO, D-CE-1, D-CE-2, D-CE-5, D-CE-6, M-30, M-40, CIX-2, IG or IO Zones if within four hundred (400) feet of any boundary of a Residential Zone.

At or beyond any boundary of a
Residential Zone.

17.120.120 Electrical disturbance.

All Commercial and Industrial Activities located in a Residential Zone or the M-20, S-3, HBX, D-CE-3, D-CE-4, CIX-1, CIX-1A, CIX-1B, CIX-1C, or CIX-1D Zone, or located in the D-DT- JLI, D-CO, D-CE-1, D-CE-2, D-CE-5, D-CE-6, CIX-2, IG, M-30, or M-40 Zones and within four hundred (400) feet of any boundary of a Residential Zone, shall be so operated as not to cause electrical disturbance adversely affecting the operation of any equipment on any other lot.

Chapter 17.126 USABLE OPEN SPACE STANDARDS

17.126.010 Title, purpose, and applicability.

The provisions of this Chapter shall be known as the Usable Open Space Standards. The purpose of these provisions is to prescribe standards for the development and maintenance of open areas which serve the need for leisure, recreation, and space. These standards shall apply to all usable open space required by other provisions of the zoning regulations, except as otherwise specified within the D- DTCBD, D- BV and D- LM Zones, and the S- 17 Downtown Residential Open Space Combining Zone.

No additional open space is required for newly established living units located entirely within an existing facility. However, if the amount of open space on the lot equals or is less than required, then that existing amount must be preserved with the establishment of new living units. If there is more open space on the lot than required, then the amount of open space can be reduced to the minimum required.

Chapter 17.134 CONDITIONAL USE PERMIT PROCEDURE

17.134.020 Definition of Major and Minor Conditional Use Permits.

A. Major Conditional Use Permit. A Conditional Use Permit (CUP) is considered a Major Conditional Use Permit if it involves any of the following:

1. Thresholds. Any project requiring a Conditional Use Permit that meets any of the following size thresholds:
a. The actual project site (including only portions of the lot actually affected by the project) exceeds one (1) acre;
b. Nonresidential projects involving more than twenty -five thousand (25,000) square feet of floor area, except in the R-80, D-DTCBD-R, CBD-P (when not combined with the S-7 Zone), CBD-C, CBD-X, S-2, S-15, D-BV, D-CO, or D-LM Zones; c. Large-Scale Developments.
i. Any development not involving one hundred percent (100%) affordable housing units, other than manager’s units, which is located in the S -15, D-CO, or D -LM Zones, and results in more t han one hundred thousand (100,000) square feet of new floor area;
ii. Any development not involving one hundred percent (100%) affordable housing units, other than manager’s units, which is located in the R -80 or S -2 Zones, and results in 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;
iii. ii. Any development not involving one hundred percent (100%) affordable housing units, other than manager’s units, which is located in the D-DT Zones CBD-R, CBD-P (when not combined with the S-7 Zone), CBD-C, or CBD-X Zones, and results in more than two hundred thousand (200,000) square feet of new floor area, or a new building or portion thereof of more than two hundred fifty (250) feet in height.
d. Projects that request to be considered for an exception to the D -LM Height/Bulk/Intensity Area standards, as described in Table 17.101G.04, Note 2.

3. Special Situations. Any project requiring a Conditional Use Permit that involves any of the following situations:
a. A project requiring development of an Environmental Impact Report (EIR); b. A single establishment containing a Commercial or Industrial Activity, or portion thereof, which is located in any Residential Zone and occupies more than seven thousand five hundred (7,500) square feet of floor area, except where the proposal involves only the resumption of a nonconforming activity; c. Off-Street Parking Facilities in the C-40, D-DT (except the D-DT-JLI)CBD-P, CBD- C, CBD-X, S-2, and D-LM Zones serving fifty (50) or more vehicles; d. Monopole Telecommunications Facilities in, or within three hundred (300) feet of the boundary of, any Residential or HBX Zone;
e. A project in the OS Zones listed as requiring a Major Conditional Use Permit in Chapter 17.11, except that any improvement or change in use consistent with a Park Master Plan that has been adopted by the Oakland City Council shall not

require a Conditional Use Permit (as specified in Section 17.135.050), even where it involves facilities or activities that would otherwise require a Major Conditional Use Permit in Section 17.11.060;
f. An Electroplating Activity as defined in Section 17.09.040 subject to the provisions of Section 17.102.340;
g. A Telecommunications Facility in or within one hundred (100) feet of the boundary of any Residential Zone, HBX Zone, or the D-CE-3 or D-CE-4 Zone; h. A Telecommunications Facility whose antennas and equipment are not fully concealed from view within three hundred (300) feet of the boundary of the RH, RD, RM, RU-1, or RU-2 Zones, HBX Zones, or the D-CE-3 or D-CE-4 Zone; i. A project requiring a Conditional Use Permit as set forth under Section 17.153.050 for any demolition or conversion of Residential Hotel Units or a Residential Hotel. j. A Park Master Plan for a City-Owned Park, subject to the provisions of Section

17.135.050(A).

17.134.130 Termination of a Conditional Use Permit

A. A Conditional Use Permit (CUP) granted pursuant to the provisions of this Chapter that permits an activity shall not be of any force or effect if the following is true:

1. With the exception of closures required to repair damage or destruction to the facility containing the activity, the subject activity is nonresidential and has ceased, or has been suspended, for a consecutive period of three (3) or more years. In the M-40, CIX, IG, IO, D-DT-JLI, D- CE-5, D- CE-6, D- CO-5, and D- CO-6 Zones, the subject Truck-Intensive Industrial Activity (as defined in Section 17.103.065) has ceased, or has been suspended, for a consecutive period of six (6) or more months.

B. A single, one- year extension of the period described in subsection (A) may be granted by, and at the discretion of, the Director of the Bureau of Planning, or his or her designee. The request for the extension shall be: 1) in writing, 2) made by the applicant or owner of the subject site, and 3) made prior to the three (3) year period described in subsection (A).

Notwithstanding the above, no extension request shall be granted for Truck -Intensive Industrial Activities (as defined in Section 17.103.065) in the M-40, CIX, IG, IO, D-DT-JLI, D- CE-5, D-CE- 6, D-CO-5, and D-CO-6 Zones.

Chapter 17.136 DESIGN REVIEW PROCEDURE

17.136.055 Special regulations for historic properties in the Central BusinessDowntown District (D-DT) and the Lake Merritt Station Area District (D-LM) Zones.

17.136.025 Exemptions from design review.

B. Definition. The following types of work are exempt from design review, pursuant to all provisions in Section 17.136.025(A):
a. Additions or Alterations.
i. Projects not requiring a building permit, except if otherwise specified below; ii. Repair or replacement of existing building components in a manner that visually matches the existing or historical design of the structure; iii. After notice to the Director of City Planning, demolition or removal of either:

1. Structures declared to be unsafe by the Building Official or the City Council. "Unsafe structures" means structures found by the Building Official or the City Council, to require immediate issuance of a demolition permit to protect the public health and safety; or

2. Structures declared to be a public nuisance by the Building Official or City Council that are not Designated Historic Properties or Potentially Designated Historic Properties.
iv. Except as specified in Section 17.136.030, Accessory Dwelling Units that conform to all regulations in Section 17.103.080 and Chapter 17.88; v. Floor area additions within the existing building envelope not involving the creation of a dwelling unit;
vi. Except as otherwise specified in Subsection B.1.g for Nonresidential Facilities in the D-DT-JLI, D-CO-5, D- CO-6, CIX-1A, CIX-1B, CIX-1C and CIX-1D Zones, cumulative additions over a three (3) year period not involving the creation of a dwelling unit that are outside the existing building envelope and equal no more than ten percent (10%) of the total floor area or footprint on site; vii. For Nonresidential Facilities in the D- DT-JLI, D-CO-5, D-CO-6, CIX-1A, CIX-1B, CIX-1C and CIX-1D Zones, cumulative additions over a three (3) year period that are outside the existing building envelope and equal no more than fifty percent (50%) of the total floor area or footprint on site or three thousand (3,000) square feet, whichever is less;
viii. For Commercial, Civic, or Industrial Facilities and the Nonresidential Portions of Mixed-Use Development Projects, any addition or alteration on a roof that does not project above the existing parapet walls; and any addition or alteration not otherwise exempt which is used as a loading dock, recycling area, utility area, or similar open structure addition that is no higher than six (6) feet above finished grade, less than five hundred (500) square feet in floor area or footprint, and is visually scree ned from neighboring properties; such exemptions shall only permitted where the proposal conforms with al l Buffering regulations in Chapter

17.110 and all Performance Standards in Chapter 17.120; ix. Areas of porch, deck or balcony with a surface that is less than thirty (30) inches

above finished grade.
b. Signs.
i. A change of sign face copy or new sign face within a n existing Advertisement Sign or a change of sign face copy within Business or Civic Sign structures so long as the structure and framework of the sign remain unchanged and the new sign face duplicates the colors of the original or, in the case of an inter nally illuminated sign, the letter copy is light in color and the background is dark; ii. Installation, alteration or removal of Realty Signs, Development Signs, holiday decorations, displays behind a display window and, except as otherwise provided in Section 17.114.120(C), for mere changes of copy, including cutouts, on Signs which customarily involve periodic changes of copy;
iii. New or modified Signs conforming to an approved Master Sign Program, pursuant to Section 17.104.070.
c. Other Projects.
i. Sidewalk Cafes in the public right-of-way, pursuant to Section 17.103.090; ii. Solar Power Production Equipment. The installation of Solar Power Production Equipment is exempt from design review within any zoning district; iii. Projects involving no more than four (4) Vehicular Residential Facilities pursuant to Section 17.103.085, and projects involving any number of Vehicular Residential Facilities when occupied by an Emergency Shelter Residential Activity and located in an area where Emergency Shelter Residential Activities are permitted by-right pursuant to Section 17.103.015;
iv. Electrical Vehicle Charging Stations or other similar facilities.

17.136.030 Small project design review.

B. Definition of "Small Project". Small Projects are limited to one or more of the following types of work:
a. Additions or Alterations.
i. Repair or replacement of existing building components in a manner that is compatible with, but not necessarily identical to, the property's existing or historical design; ii. Except as otherwise specified in Sections 17.136.025, 17.136.038, 17.136.040, and

17.136.075, demolition or removal of structures not involving a Designated Historic Property or Potential Designated Historic Property, on a site where the zoning regulations require design review to alter the exterior appearance of the applicable building facility, regardless of whether the owner intends to create a surface parking lot or a vacant lot pursuant to Section 15.36.080;
iii. Except as otherwise specified in Sections 17.136.025 and 17.136.038 for Nonresidential Facilities in the D-DT-JLI, D-CO-5, D-CO-6, CIX-1A, CIX-1B, CIX-1C and CIX-1D Zones, cumulative additions over a three (3) year period not involving the creation of a dwelling unit that are outside the existing building envelope and equal more than ten percent (10% ) of the total floor area or footprint on site, but do not exceed one thousand (1,000) square feet or one hundred percent (100%) of the total floor area or footprint on site, whichever is less;
iv. For Commercial, Civic, or Industrial Facilities and the non-residential portions of mixed-

use development projects, changes to storefronts or street-fronting facades, such as:
(i) replacement or construction of doors, windows; bulkheads and nonstructural wall infill, or (ii) restoration of documented historic fabric. v. Accessory Dwelling Units that: 1) do not conform with objective design standards established by the Planning Director or his or her designee pursuant to Section

17.103.080.A.11 proposed in front or on a side of the primary structure; or 2) were established and occupied without Planning or Building approval prior to January 1, 2021, and request a waiver of any provision of the underlying zoning or applicable development standards that would preclude the preservation of said unit, pursuant to Section 17.103.080.A.15.
b. Fences, barriers, and similar freestanding walls.
i. For Residential Zones and Residential Facilities, any fence, barrier, or similar freestanding wall exceeding forty-two (42) inches in height in the front yard and street- side yards, but not exceeding six (6) feet in height, pursuant to Section 17.108.140; ii. For Commercial Zones,and Industrial Zones and S- 1, S-2, S- 3, S -15, and D- CO-1 Zones, any fence, barrier, or similar freestanding wall exceeding eight (8) feet in height within ten (10) feet of any abutting property in a Residential Zone, but not exceeding ten (10) feet in height, pursuant to Section 17.108.140. iii. For Industrial Zones, any fence, barrier, or similar freestanding wall exceeding eight (8) feet in height within ten (10) feet of the public right-of-way or any abutting property in a Residential or Open Space Zone, but not exceeding twelve (12) feet in height, pursuant to Section 17.108.140. Any fence, dense hedge, barrier, or similar freestanding wall located elsewhere on a lot in an Industrial Zone may only be permitted to exceed twelve (12) feet in height if installed with additional landscape screening and upon the granting of Small Project Design Review pursuant to the Design Review procedure in Section

17.136.030(C).
c. Signs.
i. New or modified Signs, excluding Signs requiring Regular Design Review, Conditional Use Permit or Variance, pursuant to the zoning regulations of Title 17 of the Oakland Planning Code; and Signs conforming to an approved Master Sign Program, pursuant to Section 17.104.070;
ii. New or modified awnings or other similar facilities; iii. Color changes to Signs, awnings or other similar facilities; iv. Installation of flags or banners having any permanent structure within the public right of way, pursuant to the same regulations for sidewalk cafes in Section 17.103.090.B.

17.136.038 Special project design review.

A. Applicability. "Special Project Design Review" shall apply to Nonresidential Facilities in the D-DT-JLI, D-CO-5, D-CO-6, CIX-1A, CIX-1B, CIX-1C and CIX-1D Zones that require design review pursuant to the zoning regulations of Title 17 of the Oakland Planning Code, but do not qualify for design review exemption as set forth in Section 17.136.025 or Small project design review as set forth in Section 17.136.030; or require Regular Design Review as either determined by the Director of City Planning or as set forth in Section 17.136.075 and Chapter

17.73. "Special Project Design Review" proposals shall meet all of the following provisions:

1. The proposal is limited to one or more of the types of work listed as a "Special Project" in Section 17.136.038(B);

2. The proposal does not require a conditional use permit or variance, pursuant to the zoning regulations of Title 17 of the Oakland Planning Code;

3. The proposal is determined exempt from the California Environmental Quality Act (CEQA). and

4. The proposal does not involve the demolition or removal of structures on a site in the CIX-1A Zone as specified in Section 17.136.075, regardless of whether the owner intends to create a surface parking lot or a vacant lot pursuant to Section 15.36.080.

B. Definition of "Special Project". Special Projects are limited to one or more of the following types of work:

1. Cumulative additions to Non-residential Facilities in the D-DT-JLI, D-CO-5, D-CO-6, CIX- 1A, CIX- 1B, CIX-1C, and CIX-1D Zones over a three (3) year period that are outside the existing building envelope and exceed three thousand (3,000) square feet or fifty percent (50%) of the total floor area or footprint on site, whichever is less;

2. Ne w construction of principal Non-residential Facilities in the D-DT-JLI, D-CO-5, D-CO- 6, CIX-1A, CIX-1B, CIX-1C, and CIX-1D Zones.

D. De sign Review Criteria —Special Project Design Review. A Special project design review approval shall be granted for proposals that conform with the adopted checklist criteria for Non-residential Facilities in the D-DT-JLI, Coliseum Specific Plan Area D-CO-5, and D-CO- 6, Zones or West Oakland Specific Plan Area CIX -1A, CIX-1B, CIX-1C and CIX-1D Zones, as may be amended, based on applicable design review guidelines or criteria which have been adopted by the Planning Commission or City Council as part of the Coliseum Area Specific Plan or the West Oakland Specific Plan.

17.136.040 Regular Design Review.

A. Applicability. "Regular Design Review" s hall apply to proposals that require design review pursuant to the zoning regulations of Title 17 of the Oakland Planning Code, but do not qualify for By -Right Residential Approval as set forth in Section 17.136.023, a design review exemption as set forth in Section 17.136.025, Small Project Design Review as set forth in Section 17.136.030, or Special Project Design Review as set forth in Section 17.136. 038.

Except as otherwise specified in Section 17.136.038 for Nonresidential Facilities in the D-DT- JLI, D- CO-5, D -CO-6, CIX -1A, CIX -1B, CIX -1C, and CIX -1D Zones, projects requiring Regular Design Review include, but are not limited to, the following types of work:

1. Any proposal involving one or more of the facility, activity, building, structure, or development types that require design review pursuant to the zoning regulations of Title 17 of the Oakland Planning Code, but does not qualify for By-Right Residential Approval as set forth in Section 17.136.023, a design review exemption as set forth in Section

17.136.025, Small Project Design Review as set forth in Section 17.136.030, or Special Project Design Review as set forth in Section 17.136.038;

2. Any construction, addition or alteration of structures requiring a conditional use permit or variance, pursuant to the zoning regulations of Title 17 of the Oakland Planning Code;

3. New construction of one (1) or two (2) dwelling units, excluding any permitted Accessory Dwelling Units;

4. New construction of three (3) or more dwelling units, or adding units to a property for a total of three (3) or more dwelling units on site, excluding any permitted Accessory

Dwelling Units;

5. New construction of principal facilities in the HBX or D-CE Zones;

6. The c reation of any new HBX Work/Live unit or HBX Live/Work unit (see Sections

17.65.160 and 17.65.170); any new D-DT Work/Live unit, D-CE Work/Live unit or D-CE Live/Work unit (see Sections 17,101E.070 and 17.101E.080); or any new CIX, IG, or IO Work/Live unit (see Section 17.73.040). This requirement shall apply for both: a) conversions of existing facilities to contain any of these unit types, and b) the construction of new buildings that contain any of these unit types;

7. Cu mulative additions over a three (3) year period not involving the creation of a dwelling unit that are outside the existing building envelope and exceed one thousand (1,000) square feet or one hundred percent (100%) of the total floor area or footprint on site, whichever is less;

8. Exceptions to the parking accommodation requirements for One - and Two- to Four- Family Residential Facilities in Section 17.116.300;

9. New or modified Signs not qualifying for a design review exemption as set forth in Section

17.136.025 or Small Project Design Review as set forth in Section 17.136.030;

10. Proposals for new or modified Telecommunications Facilities, pursuant to Chapter

17.128, but excluding those alterations to existing Telecommunications Facilities listed as a Small Project in Subsection 17.136.030.B.;

11. Demolition or removal of any structure, or portion thereof, where the replacement project requires Regular Design Review, Conditional Use Permit or Variance;

12. Demolition or removal of any Designated Historic Property (DHP), Potential Designated Historic Property (PDHP), or structure in the CIX -1A Zone pursuant to Section

17.136.075.

13. Proposals involving five (5) or more Vehicular Residential Facilities.

D. Procedure for Consideration of Regular Design Review Proposals which Involve an Initia l De
cision by the City Planning Commission—Decisions Ultimately Appealable to City Council.

1. De cision by the City Planning Commission. The Director of City Planning may, at his or her discretion, refer an application for Regular Design Review to the City Planni ng Co
mmission for an initial decision rather than acting on it himself or herself. In this case, the application shall still be considered a minor permit, but shall be processed according t
o the procedure in this Subsection. In these instances, any other minor permits associated with the application shall be considered concurrently by the Planni ng Co
mmission, pursuant to Section 17.130.090. However, if the project involves a major variance or major conditional use permit; requires an Environmental Impact Report (EIR); or results in more than twenty-five thousand (25,000) square feet of new nonresidential f
loor area and is located in any zone other than the R- 80, D-DTCBD-R, CBD- P (when not combined with the S -7 Zone or in the D-DT-JLI Zone), CBD-C, CBD-X, S-2, D-LM, D-CO, or S-15 Zones, the Director of City Planning shall refer the application to the City P
lanning Commission for an initial decision rather than acting on it himself or herself.

2. No tification Procedures. Notice shall be given by posting an enlarged notice at a location on t
he project site that is clearly visible from the street, alley, or pr ivate way providing access to the subject lot. Notice shall also be given by mail or delivery to all owners and oc
cupants within three hundred (300) feet of the project site; provided, however, that failure to send notice to any such owner where his or her address is not shown on the last available equalized assessment roll shall not invalidate the affected proceedings. All such notices shall be given not less than seventeen (17) days prior to the date set for a hearing

before the Commission. During the required noticing period, the Planning and Building department shall receive and consider comments from any interested party.

3. The Planning Commission may seek the advice of outside design professionals. While the hearing is open, any interested party must enter into the record any issues and/or oral, written, and/or documentary evidence to the Commission for its consideration; failure to do so will preclude the party from raising such issues and/or evidence during the appeal hearing and/or in court. The Commission shall determine whether the proposal conforms to the applicable design review criteria, and may approve or disapprove the proposal or require such changes therein or impose such reasonable conditions of approval as are in his or her or its judgment necessary to ensure conformity to said criteria.

4. Finality of Decision. The initial decision of the Planning Commission shall become final ten (10) days after the date of decision unless appealed to the City Council in accordance with Section 17.136.090. Any party seeking to appeal the determination will be limited t o
i
ssues and/or evidence presented to the Commission prior to the close of the Commission's public hearing on the matter, in accordance with the above procedures.

In the event that the last day of appeal falls on a weekend or holiday when City offices are closed, the next date such offices are open for business shall be the last date of appeal.

17.136.055 Special regulations for historic properties in the Central Business DistrictDowntown District (D-DT) and the Lake Merritt Station Area District (D-LM) Zones.

A. The provisions of this Section shall only apply to proposals in the Downtown District (D-DT) Central Business District (CBD) Zones and Lake Merritt Station Area District (D-LM) Zones.

Chapter 17.142 PLANNED UNIT DEVELOPMENT REGULATIONS [42]

17.142.004 Applicability.

These regulations shall apply to alleither:

A. Planned Unit Developments (PUDs) located on a single tract of land of at least four (4) acres in the RH Zones, and thirty thousand (30,000) square feet or more in all other zones, or on two (2) or more tracts of land equaling at least four (4) acres in the RH Zones, and thirty thousand (30,000) square feet or more in total in all other zones which may be separated only by a street or other right-of-way; or.

B. Projects in the D -DT-CPW Zone involving construction at or above one hundred (100) feet in height.

17.142.020 Definition of Planned Unit Development.

A. A “Planned Unit Development” (PUD) is a large, integrated development adhering to a comprehensive plan and located either:

1. O n a single tract of land of at least four (4) acres in the RH Zones, and thirty thousand (30,000) square feet or more in all other zones;

2. On two (2) or more tracts of land equaling at least four (4) acres in the RH Zones, and thirty thousand (30,000) square feet or more in total in all other zones which may be separated only by a street or other right-of-way; or

3. In the D-DT-CPW Zone that involves construction at or above one hundred (100) feet in height.

A "Planned Unit Development" (PUD) is a large, integrated development adhering to a comprehensive plan and located on a single tract of land of at least four (4) acres in the RH Zones, and thirty thousand (30,000) square feet or more in all other zones, or on two (2) or more tracts of land equaling at least four (4) acres in the RH Zones, and thirty thousand (30,000) square feet or more in total in all other zones which may be separated only by a street or other right -of-way.

In developments that are approved pursuant to the Planned Unit Development regulations in this Chapter, certain uses may be permitted in addition to those otherwise allowed in the underlying zone, certain of the other regulations applying in said zone may be waived or modified, and 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.

B. In developments that are approved pursuant to the Planned Unit Development regulations in this Chapter, certain uses may be permitted in addition to those otherwise allowed in the underlying zone, certain of the other regulations applying in said zone may be waived or modified, and 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.

17.142.030 Developments for which Planned Unit Development permit approval is required or requested.

A. The following developments are permitted only upon the granting of a Planned Unit

Development permit pursuant to the Planned Unit Development procedure in Chapter 17.140.

1. Any Planned Unit Development incorporating any of the bonuses set forth in Section

17.142.100.

2. Any integrated development which is primarily designed for or occupied by Commercial A
ctivities, which is located in any Commercial Zone, and which is developed unde r uni
fied control, in accordance with a comprehensive plan, on a single tract with thirty thousand (30,000) square feet or more of land area, or on two (2) or more tracts which total such area and which are separated only by a street or other right-of-way.

3. A ny development in the D- DT-CPW Zone involving construction at or above one hundred (100) feet in height.

17.142.080 Zones in which bonuses may be granted.

The bonuses set forth in Section 17.142.100 may, upon approval pursuant thereto and except as otherwise specified therein, be permitted for a Planned Unit Development in any Residential or Commercial Zone, or in the S-1, S-2, S-3, S-15, or D-CO-1 Zones.