Oakland City Council
July 30, 2024

P

ROPOSED NEW DOWNTOWN DISTRICT ZONES (D-DT) CHAPTER
T
he following Chapter 17.101K is proposed to be inserted, in its entirety, into the Planning Code. This does not include proposed new Chapter 17.98 (S-16 Interstate Corridor Commercial Zones Regulations) and code amendments related to the new zones, which are contained in Exhibits B and C, respectively.

Ordinance - Exhibit A
D-D T Zones

CHAPTER 17.101K – D-DT DOWNTOWN DISTRICT ZONES REGULATIONS Art
icles:

Article I – Title, Intent and Applicability of the D-DT Zones Article II – Special Permit Requirements
Article III – Use Requirements
Article IV – Development and Design Standards
Article V – D-DT Combining Zones
Ar
ticle I – Title, Intent and Applicability of the D-DT Zones Section 17.101K.010 – Title, intent, and applicability.

17. 101K.010 – Title, intent, and applicability.

A. Title, intent, and applicability. The provisions of this Chapter shall be known as the D-DT Downtown District Zones Regulations. These regulations shall apply to the corresponding D-DT Zones on the Zoning Map. The intent of the D-DT Zones is to implement the Downtown Oakland Specific Plan (DOSP). These zones are consistent with the following goals of the DOSP:

1. Create opportunities for economic growth and security for all Oaklanders;

2. Ensure sufficient housing is built and retained to meet the varied needs of current and future residents;

3. Make downtown’s streets comfortable, safe, and inviting and improve connections throughout the city so that everyone has efficient and reliable access to downtown’s jobs and services;

4. Encourage diverse voices and forms of expression to flourish;

5. Provide vibrant public spaces and a healthy environment that improve the quality of life downtown today and for generations to come; and

6. Develop downtown in a way that meets community needs and preserves Oakland’s unique character.

B
. Intent of primary zones. This Chapter establishes land use regulations for the following ten (10) primary zones as established on the Zoning Map:

1. D -DT- P Downtown District Pedestrian Commercial Zone . The intent of the D-DT-P Zone is to create, maintain, and enhance the downtown core for pedestrian -oriented and active uses on the ground floor .

Upper stories are intended for a wide range of commercial and residential activities.

2. D -DT- C Downtown District General Commercial Zone. The intent of the D-DT- C Zone is to create, maintain, and enhance areas of Downtown appropriate for a wide range of ground -floor commercial activities. Upper-story spaces are intended for a wide range of commercial and residential activities.

3. D-DT-CX Downtown District Mixed Commercial Zone. The intent of the D-DT-CX Zone is to designate areas of downtown appropriate for a wide range of residential, commercial, and compatible service and production activities.

D-DT Zones

4. D-DT-R Downtown District Residential Zone. The intent of the D-DT-R Zone is to create, maintain, and enhance areas of downtown that are appropriate for residential development with small- scaled compatible ground-level commercial uses.

5. D-DT-RX Downtown District Mixed R esidential Zone. The intent of the D -DT-RX Zone is to create, maintain, and enhance areas of downtown that are appropriate for residential and mixed-use buildings.

6. D-DT-CPW Downtown District Planned Waterfront Development Commercial Zone. The intent of the D-DT-CPW Zone is to encourage and facilitate comprehensively planned public space, streets and residential and commercial developments that contribute to the Estuary and Lake Merritt Channel waterfronts and help connect Brooklyn Basin to Downtown.

7. D-DT-CW Downtown District Estuary Waterfront Commercial Zone. The D-DT-CW Zone is intended to create, maintain, and enhance areas of the Estuary Waterfront District to have a mix of marine, office, and other commercial uses.

8. D-DT-AG Downtown District Art and Garage Commercial Zone. The intent of the D-DT-AG Zone is to create, preserve, and enhance commercial areas in downtown’s Art and Garage District that are appropriate for specific service and production activities and provide adaptable space for art isans and craftspeople.

9. D-DT-PM Downtown District Produce Market Commercial Zone. The intent of the D-DT-PM Zone is to create, preserve, and enhance mixed industrial/commercial areas in Jack London’s historic Produce Market District that are appropriate for a wide range of retail, work/live , and commercial and wholesale establishments.

10. D-DT-JLI Downtown District Jack London Industrial Zone. The intent of the D-DT-JLI Zone is to create, maintain, and enhance mixed industrial/commercial areas along the western edge of the Jack London District that will act as a transition between the more intensive West Oakland industrial area south of I - 880 and the Jack London commercial area extending to the east. This transitional industrial area requires enhanced de sign and site plan review to ensure that future development does not adversely impact adjoining zones.

C. Intent of Combining Zone s. This Chapter establishes land use regulations for the following combining zones as established on the Zoning Map. All land located a combining zone is subject to regulations of the primary zone unless specifically modified by provisions of regulations in this Chapter.

1. Employment Priority Combining Zone. The intent of the Employment Priority Combining Zone is to require office and other employment creating activities in certain areas of the Downtown District.

2. BAMBD Arts and Culture Combining Zone. The intent of BAMBD Arts and Culture Combining Zone is to celebrate and support Oakland’s Black and African -American community, culture and heritage. In doing this, the zone fosters a sense of belonging for all Oaklanders ; highlights Oakland’s rich history and diverse cultures, celebrates and strengthens an ethnic enclave; supports a community harmed by racial inequities; and increases access to cultural expression. In particular, the intent of the Zone is to:

A. Support a critical mass of arts and entertainment establishments, which are essential to nurture and retain all residents including the creative workforce essential to recruitin g and retaining employers in the modern economy;
B. Animate the public space, rejuvenate the streetscape, improve local business viability, improve public safety, and bring diverse people together to inspire and be inspired by the legacies and D-DT Zones

contemporary manifestations of Black owned businesses and arts rooted in the Black cultural experience;
C. Support a healthy and flourishing arts community, driving civic engagement, community involvement and public health;
D. Serve and strengthen ethnic and racial communities harmed by racial disparities; and E. Accomplish the General Plan’s historic preservation goal to preserve, protect, enhance, perpetuate, and prevent the unnecessary destruction or impairment of properties or physical features of special character or special historic, cultural, educational, architectural or aesthetic interest or value.

3. The Green Loop Combining Zone. The intent of the Green Loop Combining Zone is to:
a. Provide inviting landscaped pedestrian links between Downtown's Lake Merritt, Channel and Estuary waterfronts;
b. Connect surrounding neighborhoods to Downtown's open space, cultural and entertainment areas; and
c. Create an enhanced pedestrian experience with distinctive storefront and landscaping enhancements.

4. Sea Level Rise Combining Zone. The Sea Level Rise Combining Zone is intended to ensure that new development accounts for scientifically accepted future rises in sea level to ensure the health and safety of future occupants and the long- term viability of new construction and associated infrastructure.

Article II – Special Permit Requirements

17.101K.020 – Special regulations for Large-Scale Developments.

17.101K.030 – Required Design Review process.

17.101K.040 – Planned Unit Development Permit in the D-DT-CPW Commercial Zone.

17.101K.020 – Special regulations for Large-Scale Developments.

No development that involves more than two hundred thousand (200,000) square feet of new floor area, or a new building or portion thereof of more than two hundred seventy-five (275) feet in height, shall be permitted except upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure). This requirement shall not apply to developments that include one hundred percent (100%) affordable housing units, other than manager’s units, or that have been approved according to the Planned Unit Development (PUD) procedure (see Chapter 17.140 for the PUD procedure).

17.101K.030 – Required Design Review process.

Except for projects that are exempt from design review as set forth in Section 17.136.025, no Building Facility, Designated Historic Property, Potentially Designated Historic Property, Telecommunications Facility, Sign, or other associated structure shall be constructed, established, or altered in exterior appearance, unless plans for the proposal have been approved pursuant to the design review procedure in Chapter 17.136, and when applicable, the Telecommunications regulations in Chapter 17.128, or the Sign regulations in Chapter 17.104.

D-D T Zones

17. 101K.040 – Planned Unit Development Permit in the D-DT-CPW Commercial Zone.

No new building development in the D-DT-CPW Zone shall be permitted except upon the granting of a Planned Unit Development Permit (see Chapter 17.140 for the Planned Unit Development (PUD) Procedure and Chapter

17.142 for the PUD Requirements). In addition to the general PUD criteria contained in Section 17.140.080, these proposals must also meet the following criterion:

A. The proposal is consistent with planned street and other infrastructure improvements in the Downtown Oakland Specific Plan, particularly those that create an enhanced connection to the rest of the Jack London District to the west and adapt to and protect the public from sea level rise.

Art
icle III – Use Requirements

17.101K.050 – Permitted and conditionally permitted activities.

17.101K.060 – Permitted and conditionally permitted facilities.

17.101K.070 – Special Regulations for D-DT Work/Live Nonresidential Facilities.

17. 101K.050 – Permitted and Conditionally Permitted Activities.

A. The following activity classification are added f or the purpose s of this Chapter only. The descriptions of the other activity classifications listed in Table 17.101K.01 are contained in Chapter 17.10.

1. Boat and Marine-Related Sales, Rental, Repair and Servicing Commercial Activities.

Boat and Marine-Related Sales, Rental, Repair and Servicing Commercial Activities include the sale, rental, leasing and incidental cleaning, servicing, and repair of boats and other vehicles and facilities associated with water- and marine-based travel and movement. This classification also includes activities associated with docks and marinas where boats and ships are anchored, moored, rented, sold or serviced. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

B
. Permitted and Conditionally Permitted Activities
Table 17.101K.01 lists the permitted, conditionally permitted, and prohibited activities in the D-DT Zones. The descriptions of these activities are contained in Chapter 17.10 and in Subsection A, above. "P" designates permitted activities in the corresponding zone. "C" designates activities that are permitted only upon the granting of a Conditional Use Permit (see Chapter

17.134 for the CUP procedure) in the corresponding zone. "L" designates activities subject to certain limitations or notes listed at the bottom of the Table. "—" designates activities that are prohibited except as accessory activities according to the regulations contained in Section 17.010.040.

Table 17.101K.01: Permitted and Conditionally Permitted Activities D-DT Zones

Activities
Primary Zones Combining
Zone
Additional
Regulations
D-DT-
P
D-DT-
C
D-DT-
CX
D-DT-
R
D-DT-
RX
D-DT-
CPW
D-DT-
CW
D-DT-
AG
D-DT-
PM
D-DT-
JLI
Employment
Priority*

Residential Activities
Permanent P(L1) P(L1) P P P P(L2) --(L4) --(L4) --(L4) --(L4) P(L1)(L27) Residential
Care P(L1) P(L1) P P P P(L2) --(L4) --(L4) --(L4) --(L4) P(L1)(L27) 17.103.010 Supportive
Housing P(L1) P(L1) P P P P(L2) --(L4) --(L4) --(L4) --(L4) P(L1)(L27) Transitional
Housing P(L1) P(L1) P P P P(L2) --(L4) --(L4) --(L4) --(L4) P(L1)(L27) Emergency
Shelter P(L3) P(L3) P(L3) P(L3) P(L3) P(L2)(L3) --(L4) --(L4) --(L4) --(L4) C(L3) 17.103.010

17.103.015
Semi-Transient P(L1) P(L1) P P P P(L2) --(L4) --(L4) --(L4) --(L4) P(L1)(L27) Bed and
Breakfast P P P P P -- --(L4) --(L4) --(L4) --(L4) -- 17.103.125 Civic Activities
Essential
Service P P P P P P P P P P P
Limited Child-
Care Activities P P P P P P(L2) P -- -- -- P
Community
Assembly C(L7) C C C C C(L2) C -- -- C C
Recreational
Assembly P P P P P P(L2) P -- C C P
Community
Education P(L16)
(L18) P(L18) P(L18)
P
(L5)(L1
8)
P(L18) P(L2)(L1
8) -- -- -- -- --

Nonassembly
Cultural P P P P(L5)
(L8) P P(L2) P P C P P
Administrative P(L16) P P P(L5)
(L8) P P(L2) P P(L22
) P(L22) P P
Health Care P(L5)(L
16)(L1
7)
P(L5)(L
17)
P(L5)(L1
7)
P(L5)(L
8)(L17
)
P(L5)(
L17)
P(L5)(L2)
(L17) --
P(L5)(
L17)(L
22)
-- C(L17) C

Special Health
Care
C(L7)(L
16)(L9
)(L17)
C(L9)(L
17)
C(L9)(L1
7) -- C(L9)(
L17)
C(L2)(L9)
(L17) -- -- -- C(L9)(L
17) --

17.103.020
Utility and
Vehicular C(L7) C C C C C(L2) C C C C C
Extensive
Impact C(L7) C C C C C(L2) C C C C C
Commercial Activities
General Food
Sales P P P P(L5)
(L8) P P(L2) P P P P(L5) P
Full-Service
Restaurants P P P P(L5)
(L8) P P(L2) P P(L19
) P P(L5) P
D-D T Zones

Activities
Primary Zones Combining
Zone
Additional
Regulations
D-DT-
P
D-DT-
C
D-DT-
CX
D-DT-
R
D-DT-
RX
D-DT-
CPW
D-DT-
CW
D-DT-
AG
D-DT-
PM
D-DT-
JLI
Employment
Priority*
Limited Service
Restaurant and
Café
P P P P(L5)
(L8) P P(L2) P P(L19
) P P(L5) P
Fast-Food
Restaurant C C C -- C C(L2) C -- -- C C 17.103.030
and 8.09
Convenience
Market C C C C(L8) C C(L2) C C C C C 17.103.030
Alcoholic
Beverage Sales C(L29) C(L29) C(L29) C(L8) C C(L2)(L2
9) C(L29) C(L29
) C(L29) C(L29) C

17.103.030
and

17.114.030
Mechanical or
Electronic
Games
P P P C(L8) P P(L2) P P P -- P
Medical
Service P(L16)
(L17) P(L17) P(L17)
P(L5)
(L8)(L1
7)
P(L17) P(L2)(L1
7) P(L17) -- -- C(L17) P
General Retail
Sales P P P P(L5)
(L8) P P(L2) P P P P P
Large-Scale
Combined
Retail and
Grocery Sales
-- -- -- -- -- -- -- -- -- -- --
Consumer
Service P
(L10) P(L10) P(L10)
P(L5)
(L8)(L1
0)
P(L10) P(L2)(L1
0) P(L10) P(L10
) P(L10) P(L10) P(L10)
Consultative
and Financial
Service
P(L16) P P P(L5)
(L8) P P(L2) P P(L5)(
L22)
P(L5)(
L22) _ P
Check Cashier
and Check
Cashing
C(L11) C(L11) C(L11) -- -- C(L2)(L1
1) -- -- -- -- --

17.103.040
Consumer
Cleaning and
Repair Service
P P P P(L5)
(L8) P P(L2) P P(L5) P(L5) P P
Consumer Dry
Cleaning Plant P(L20) P(L20) P(L20)
P(L5)(L
8)(L20
)
P(L20) P(L2)(L2
0) P(L20) -- -- P(L20) P(L20)
Artisan
Production P(L28) P(L28) P(L28)
P(L5)(L
8)(L28
)
P(L28) P(L2)(L2
8) P(L28) P(L28
) P(L28) P(L28) P(L28)
Group
Assembly P(L5)(L
12) P (L12) P(L12
P(L5)(L
6)(L8)(
L12)
P(L5)(
L6)(L1
2)
P(L2)(L1
2) P(L12) P(L12
) C(L12) P(L12) P(L12)
Personal
Instruction and
Improvement
Services
P P P P(L8) P P(L2) P P C P P
Administrative P(L16) P P P(L5)(L
8) P P(L2) P(L21) P(L5)(
L22) P(L5) P P
D-DT Zones

Activities
Primary Zones Combining
Zone
Additional
Regulations
D-DT-
P
D-DT-
C
D-DT-
CX
D-DT-
R
D-DT-
RX
D-DT-
CPW
D-DT-
CW
D-DT-
AG
D-DT-
PM
D-DT-
JLI
Employment
Priority*

Business,
Communicatio
n, and Media
Services
P P P P(L5)
(L8) P P(L2) P(L21) P(L5) P(L5) P P

Broadcasting
and Recording
Services
Commercial
Activities
P(L16) P P P(L5)(L
8) P P(L2) P(L21) P P(L5) P P

Research
Service P(L16) P P P(L5)
(L8) P P(L2) P(L21) P(L5)(
L22) P(L5) P P
General
Wholesale
Sales
-- -- C -- -- C(L2) -- -- P P C

Transient
Habitation C(L7) C C C C C(L2) C -- -- -- -- 17.103.050 Building
Materials Sales -- -- -- -- -- -- -- -- -- -- --
Boat and
Marine-
Related Sales,
Rental, Repair
and Servicing
-- -- C(L13) -- -- C(L2) P -- -- P(L13) --

Automobile
and Other
Light Vehicle
Sales and
Rental
-- -- C(L13) -- -- -- -- P(L13
) -- C(L13) --

Automobile
and Other
Light Vehicle
Gas Station
and Servicing
-- C(L13) C(L13) -- -- -- -- P(L13
) -- P(L13) --

Automobile
and other light
Vehicle Repair
and Cleaning
-- -- -- -- -- -- -- P -- P(L13) --

Taxi and Light
Fleet-Based
Services
-- C(L13) C(L13) -- -- C(L2)(L1
3) -- C(L13
) -- C --

Automotive
Fee Parking
C(L7)(L
14) C(L14) C(L14) C(L14) C(L14) C(L2)(L1
4) -- -- -- C --
Animal
Boarding -- -- -- -- -- P(L2)(L2
4) -- -- -- C --
Animal Care P(L16) P P P P P(L2) P -- P(L5) P P
Undertaking
Service -- C C -- -- -- -- -- -- C --
Industrial Activities
D-DT Zones

Activities
Primary Zones Combining
Zone
Additional
Regulations
D-DT-
P
D-DT-
C
D-DT-
CX
D-DT-
R
D-DT-
RX
D-DT-
CPW
D-DT-
CW
D-DT-
AG
D-DT-
PM
D-DT-
JLI
Employment
Priority*

Custom
Manufacturing
C(L7)(L
13)(L2
5)
C(L13) C(L13) -- C(L13) C(L2)(L1
3) C(L13) C(L13
) C(L13) C C(L13)

Light
Manufacturing
C(L7)(L
13)(L2
5)
C(L13)
(L25) C(L13) -- -- C(L2)(L1
3) -- C(L13
) C(L13) C --

General
Manufacturing -- -- -- -- -- -- -- -- -- C --
Heavy/High
Impact -- -- -- -- -- -- -- -- -- -- --
Research and
Development -- C(L13) C(L13) -- -- P(L2)(L1
3)(L26) -- -- C(L13)
(L22) P --
Construction
Operations -- -- -- -- -- -- -- -- -- -- --
Warehousing, Storage, and Distribution-Related
A. General
Warehousing,
Storage and
Distribution
-- -- C(L13) -- -- P(L2)(L1
3)(L26) -- -- P P(L30) --

B. General
Outdoor
Storage
-- -- -- -- -- -- -- -- -- -- --

C. Self- or Mini-
Storage -- -- -- -- -- -- -- -- -- -- --
D. Container
Storage -- -- -- -- -- -- -- -- -- -- --
E. Salvage/Junk
Yards -- -- -- -- -- -- -- -- -- -- --
Regional
Freight
Transportation
-- -- -- -- -- -- -- -- -- -- --

Trucking and
Truck-Related -- -- -- -- -- -- -- -- -- -- --
Recycling and Waste-Related
A. Satellite
Recycling
Collection
Centers
-- C C -- -- C(L2) C -- -- C C

B. Primary
Recycling
Collection
Centers
-- -- -- -- -- -- -- -- -- -- --

Hazardous
Materials
Production.

Storage, and
Waste
Management
-- -- -- -- -- -- -- -- -- -- --

D-DT Zones

Activities
Primary Zones Combining
Zone
Additional
Regulations
D-DT-
P
D-DT-
C
D-DT-
CX
D-DT-
R
D-DT-
RX
D-DT-
CPW
D-DT-
CW
D-DT-
AG
D-DT-
PM
D-DT-
JLI
Employment
Priority*

Agriculture and Extractive Activities
Limited
Agriculture -- P(L15) P(L15) P(L15) P(L15) P(L2)(L1
5) -- -- -- P(L15) --
Extensive
Agriculture -- -- --
-- -- -- -- -- -- -- --
Plant Nursery -- -- -- -- -- C(L2) -- -- -- P --
Mining and
Quarrying -- -- -- -- -- -- -- -- -- -- --
Accessory off-
street parking
serving
prohibited
activities
C(L7) C C C C C(L2) C C C C --

17.116.075
Activities that
are listed as
prohibited, but
are permitted
or
conditionally
permitted on
nearby lots in
an adjacent
zone
C(L7) C C C C C(L2) C C C C C

17.102.110
Limitations on Table 17.101K.01:
* The Employment Priority Combining Zone activity regulations supersede the regulations of the base zone.

L1. See Table 17.101K.02 for limitations on the construction of new ground -floor Residential Facilities and new Residential Facilities.

L2. See Table 17.101K.02 for requirements and limitations regarding the construction of Residential Facilities, principal buildings, D-DT-Work/Live Nonresidential Facilities, additions, and accessory structures in the D-DT-CPW Zone.

L3. Notwithstanding anything to the contrary contained in the Planning Code, Emergency Shelter Residential Activities are permitted by-right on properties owned by churches, temples, synagogues, and other similar places of worship approved for Community Assembly Civic Activities; permitted upon the granting of a Conditional Use Permit elsewhere in the zone.

L4. These activities are only permit ted in existing Residential Facilities. For the purposes of this limitation, a facility is considered existing if it received its certificate of occupancy or passed its final building inspection on its building permit prior the effective date of this Chapter.

L5. With the exception of parcels facing Broadway, San Pablo Avenue, Telegraph Avenue, and 14th Street, the total floor area devoted to these activities on the ground floor by any single establishment may only exceed ten thousand (10,000) square feet upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure). However, the total floor area devoted to Consumer Cleaning and Repair on the ground floor may D-DT Zones

only exceed five thousand (5,000) square feet upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure).

L6. With the exception of seasonal sales and special events, a Group Assembly Commercial Activity in conjunction with an Open Nonresidential Facility is only permitted upon the granting of C onditional Use Permit (see Chapter

17.134 for the CUP procedure).

L7. These activities are only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure). In addition to the criteria contained in Section 17.134.050, when these activities are located both on the ground floor of a building and within thirty (3 0) feet of the principal street facade (with the exception of incidental pedestrian entrances that lead to one (1) of these activities elsewhere in the building), these conditionally permitted ground floor proposals must also meet both of the following criteria:
a. The proposal will not impair a generally continuous wall of building facades; and b. The proposal will not weaken the concentration and continuity of gr ound-floor commercial and will not impair the retention or creation of an important shopping frontage.

L8. These activities shall only be located on or below the ground floor of a building with the following two (2) exceptions:
a. An activity is permitted anywhere above the ground floor if the floor area devoted to the activity is three thousand (3,000) square feet or less; and
b. An activity located on the ground floor may extend to the second floor of a building if both: 1) the activity on the second floor is the same as, or accessory to, the ground floor activity and part of the same business or establishment; and 2) there is a direct internal connection between the ground floor and the second story activities.

L9. No new or expanded Special Health Care Civic Activity shall be located closer than two-thousand five-hundred (2,500) feet from any other such activity, or five hundred (500) feet from any K-12 school or Licensed Emergency Shelters. See Section 17.103.020 for further regulations regarding Special Health Care Civic Activities.

L10. See Section 17.102.170 for special regulations relating to massage services and Section 17.102.450 for special regulations regarding laundromats.

L11. No new or expanded Check Cashier and Check Cashing Commercial Activity shall be located closer than one thousand (1,000) feet from any other such activity or five hundred (500) feet from any Community Education, Community Assembly, or Recreational Assembly Civic Activity; State or Federally chartered bank, savings association, credit union, or industrial loan company; or certain Alcoholic Beverage Sales Commercial Activities.

See Section 17.103.040 for further regulations regarding Check Cashier and Check Cashing Commercial Activities.

L12. No new or expanded Adult Entertainment Activity shall be located closer than one thousand (1,000) feet to the boundary of any Residential Zone or three hundred (300) feet from any other Adult Entertainment Activity.

See Section 17.102.160 for further regulations regarding Adult Entertainment Activities.

L13. These activities, including accessory activities, are only allowed to be performed indoors. This requirement includes but is not limited to: vehicles stored before and after servicing, general storage, vehicle and other repair, and automotive cleaning. This requirement excludes parking for customers currently at the business and automotive fueling. Gas stations as a principal activity are prohibited.

D-DT Zones

L14. Automotive fee parking is only permitted upon the granting of Conditional Use Permit (see Chapter 17.134 for the CUP procedure) and must be either a parking structure or in a below -grade parking lot. Automotive fee parking is otherwise prohibited.

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

L16. With the exception of retail bank branches, these activities are not permitted when they are located both on the ground floor of a building and within thirty (30) feet of the principal street facade. Incidental pedestrian entrances that lead to one of these activities elsewhere in the building are exempted from this restriction.

L17. See Table 17.101K.04 for regulations regarding special ground floor transparency requirements for Health Care Civic and Special Health Care Civic Activities and Medical Services Commercial Activities.

L18. Daycare facilities, preschools, and elementary schools with more than fifty (50) enrollees require a pickup and drop-off management plan approved by the Bureau of Planning that prevents double parking and assures the safe pickup and drop-off of students.

L19. These activities must be in a space shared by a n art gallery, performance space, auto garage, Artisan Production Commercial Activity, or Light or Custom Manufacturing Industrial Activity. At least fifty (50) percent of floor area shall be solely devoted to one (1) or more of these three (3) activities.

L20. These activities are only permitted as accessory to Consumer Cleaning and Repair Service facilities.

L21. These activities shall only be located on the ground floor of a principal building if they are open to the public and provide services to customers on-site.

L22. With the exception of coworking spaces, these activities are not permitted on the ground floor of a building.

L23. Administrative activities accessory to an Industrial Activity are limited to twenty percent (20%) of floor area in the D-DT-JLI Zone.

L24. These activities are only permitted as accessory to an Animal Care Commercial Activity.

L25. These activities are only permitted if they have ground floor space dedicated to General Retail Sales, General Food Sales, Limited Service Restaurant and Café, or Full-Service Restaurant Commercial Activities within thirty (30) feet of the principal street facade.

L26. These activities are only permitted in existing buildings. For the purposes of this limitation, a facility is considered existing if it received its certificate of occupancy or passed its final building inspection on its building permit prior to the effective date of this Chapter.

L27. Residential Activities are only permitted in the Employment Priority Combining Zone if the project meets the nonresidential floor area requirements contained in Table 17.101K.02, note L4.

L28. During operating hours, ground floor Artisan Production Commercial Activities shall be open to the public to purchase and view items produced on site. On other floors, these activities shall either be open to the public during operating hours or available by appointment to view and purchase items produced on site.

L29. Any on-sale and/or off-sale of alcoholic beverages in conjunction with an approved arts, entertainment, or cultural use in these zones does not require a Conditional Use Permit (CUP) , but instead shall obtain a Central District Entertainment Venue Permit as described in Oakland Municipal Code Chapter 5.12. Arts, entertainment, D-DT Zones

and cultural uses include, but are not limited to: bars, cabarets, night clubs, pool halls, bowling alleys, mini-golf, mechanical or electronic games, museums, art galleries, barber shop or salon, nail salon, performing arts centers, auditoriums, theaters, and other similar venues. Any alcoholic beverages sales in conjunction with an approved arts, entertainment, or cultural use must conform to all applicable regulations, including but not limited to, Oakland Municipal Code Chapter 5.12.

L30. The total floor area devoted to these activities shall not exceed twenty-five thousand (25,000) square feet unless it is within a n existing nonresidential building. For the purposes of this limitation, a facility is considered existing if it received its certificate of occupancy or passed its final building inspection on its building permit prior the effective date of this Chapter.

17.101K.060 – Permitted and Conditionally Permitted Facilities.

A. The following facility classification is added for the purposes of this Chapter only. The descriptions of the other facility classifications listed in Table 17.101K.01 are contained in Chapter 17.10.

1. D-DT Work/Live Nonresidential Facilities.

D-DT Work/Live Nonresidential Facilities include permanently fixed buildings, or those portions thereof, that accommodate or are intended to accommodate D-DT Work/Live Units as defined in Section

17.101K.070. This classification also includes certain facilities accessory to t he above, as specified in Section 17.10.070.

B. Table 17.101K.02 lists the permitted, conditionally permitted, and prohibited facilities in the D-DT Zones. The descriptions of these facilities are contained in Chapter 17.10 and in Subsection A, above. “P” designates permitted facilities in the corresponding zone. “C” designates facilities that are permitted only upon the granting of a Conditional Use Permit (see Chapter

17.134 for the CUP procedure) in the corresponding zone. “L” designates facilities subject to certain limitations listed at the bottom of the Table. “—" designates facilities that are prohibited.

Table 17.101K.02: Permitted, Conditionally Permitted, and Prohibited Facilities Activities

Primary Zones
Combini
ng
Zone* Additional
Regulation
s D-DT-
P
D-DT-
C
D-DT-
CX
D-DT-
R
D-DT-
RX
D-DT-
CPW
D-DT-
CW
D-DT-
AG
D-DT-
PM
D-DT-
JLI
Employ
ment
Priority
Residential Facilities
One-Family
Dwelling
--(L1) --(L1) --(L1) --(L1) --(L1) --(L1) --(L1) --(L1) --(L1) --(L1) -- Two- to Four-
Family
Dwelling
--(L1) --(L1) --(L1) P(L2) --(L1) --(L1) --(L1) --(L1) --(L1) --(L1) -- 17.103.08 0 Multifamily
Dwelling
P(L2)
(L3)
P(L2)(L
3)
P(L2) P(L2) P(L2) P(L9) --(L1) --(L1) --(L1) --(L1) P(L4) 17.103.08 0 Rooming
House
P(L3) P(L3) P P P P(L9) --(L1) --(L1) --(L1) --(L1) P(L4) Vehicular -- -- -- -- -- -- -- -- -- -- -- 17.103.08
0 D-DT Zones

Activities

Primary Zones
Combini
ng
Zone* Additional
Regulation
s D-DT-
P
D-DT-
C
D-DT-
CX
D-DT-
R
D-DT-
RX
D-DT-
CPW
D-DT-
CW
D-DT-
AG
D-DT-
PM
D-DT-
JLI
Employ
ment
Priority

17.103.08
5 Nonresidential Facilities
Enclosed
Nonresidential
P P P P P P(L9) P P(L8) P(L8) P P
Open
Nonresidential
P P(L10) P(L10) C(L5) C(L5) P(L9)(L
10)
P P P P P(L10)
Sidewalk Café
Nonresidential
P P P P P P(L9) -- P P P P 17.103.09
0 Drive-In
Nonresidential
-- -- -- -- -- -- -- -- -- -- --
Drive-Through
Nonresidential
-- -- -- -- -- -- -- -- -- -- -- 17.103.10
0 D-DT
Work/Live
Nonresidential
P(L3)
(L6) P(L6) P(L6) P(L6)(L
7) P(L6) P(L6)(L
9) P(L6) P(L6)
(L8)
P(L6)(L
8) --
-- 17.101K.0
70 Telecommunications Facilities
Micro
Telecommunic
ations
P P P P P P P P P P P 17.128
Mini
Telecommunic
ations
P P P C C P P P P P P 17.128
Macro
Telecommunic
ations
C C C C C C C C C C C 17.128
Monopole
Telecommunic
ations
C C C -- -- -- -- -- -- C C 17.128
Tower
Telecommunic
ations
-- -- -- -- -- -- -- -- -- -- -- 17.128
Sign Facilities
Residential
Signs
P P P P P P P P P P P 17.104
Special Signs P P P P P P P P P P P 17.104
Development
Signs
P P P P P P P P P P P 17.104
Realty Signs P P P P P P P P P P P 17.104
Civic Signs P P P P P P P P P P P 17.104
Business Signs P P P P P P P P P P P 17.104
Advertising
Signs
-- -- -- -- -- -- -- -- -- -- -- 17.104

D-DT Zones

Limitations on Table 17.101K.02:
* If a D-DT Primary Zone also has the Employment Priority Combining Zone, the Employment Priority regulations supersede the Primary Zone.

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

L2. See Section 17.103.080 for regulations regarding permitted Accessory Dwelling Units.

L3. Except as indicated in a. below, construction of new ground -floor Residential Facilities and D-DT Work/Live Nonresidential Facilities is not permitted within thirty (30) feet of the principal street facade:
a. Incidental pedestrian entrances that lead to one of these activities elsewhere in a building are exempted from this requirement. See Section 17.101K.080 for how to identify the principal street.

L4. These facilities may only be established if forty percent (40%) or more of the maximum base Floor Area Ratio (FAR) is developed with Enclosed Nonresidential Facilities.

L5. No Conditional Use Permit (CUP) is required to accommodate Civic Activities, Limited Agriculture, seasonal sales, or special events.

L6. See Section 17.101K.070 for special regulations for D-DT Work/Live Units.

L7. These facilities are only permitted on the ground floor.

L8. New Enclosed Nonresidential Facilities and D -DT Work -Live Nonresidential Facilities are only permitted above existing buildings and the addition must be s tepped back at least fifteen (15) feet from any street fronting facade.

L9. With the exception of public utility facilities , no new buildings or additions to existing buildings (including accessory structure s) shall be construc ted unless they are either: 1) part of a project that includes the construction of a principal building that is at least one hundred (100) feet in height , or 2) on a site that contains an existing principal building that is at least one hundred (100) feet in height. This minimum height is measured to the floor of the top story.

L10. With the exception of seasonal sales and special events, an Open Nonresidential Facility accommodating a Group Assembly Commercial Activity is only permitted upon the granting of Conditional Use Permit (see Chapter 17.134 for the CUP procedure).

17.101K.070 – Special Regulations for D-DT Work/Live Nonresidential Facilities.

A. Definition of a D -DT Work/Live Unit. D -DT Work/Live Units are units contained within D -DT Work/Live Nonresidential Facilities that are designed to contain working space with accessory living space, are used for living and working, and meet the requirements of this Section.

B. A D -DT Work/Live Nonresidential Facility must meet all applicable regulations containe d in this Section.

Section 17.102.190 relating to the conversion of buildings originally designed for Commercial or Industrial Activities into Joint Living and Working Quarters (JLWQs) does not apply to the D-DT Zones.

C. D-DT Work/Live Units are Nonresidential Facilities and counted towards the nonresidential Floor Area Ratio, not the residential density.

D. All D -DT Work/Live Units shall be designed under the Building Code to accommodate customers and employees. In the D-DT-AG and D-DT-PM Zones, D-DT Work/Live Units shall be designed under the Building Code to allow Manufacturing Activities.

E. At least two-thirds of each unit shall be designated for working activities. Working and living activities shall be designated according to the following requirements:

1. In unpartitioned kitchens or work areas that include kitchen fixtures and appliances , the following areas are considered living space: the counters, cabinets, eating space, sink and appliances in the area that will function as a kitchen and the floor area that is four (4) feet in front these items.

D-DT Zones

2. If there is only one bathroom, half the bathroom shall be counted as living space and half shall be counted as workspace. Otherwise, bathrooms are counted as liv ing space if their access is through living space.

For instance, a bathroom in a loft is considered living space if the loft is a sleeping area. If the bathroom is accessed directly from the workspace, the bathroom shall be counted as workspace. If accessed directly from both, half the bathroom is considered living space and the other half commercial.

3. Interior hallways and closets shall be counted as part of the space to which they are adjacent.

4. Living and working spaces shall be within the same Work/Live Unit and be directly connected.

5. To accommodate fl exible work activities, working areas shall be open and with as few interior walls as possible. “Offices” enclosed by four walls are considered living space because they are indistinguishable from bedrooms and cannot be used flexibly for different working activities.

6. All ground-floor units adjacent to the front façade shall have a street entrance directly into the working area. For these units, the working area shall be adjacent to the street right-of-way.

F. Regular Design Review required. Establishment of a D -DT Work/Live Unit are only permitted upon determination that the proposal conforms to the Regular Design Review criteria set forth in the Design Review Procedure in Chapter 17.136 and to each of the following additional criteria:

1. Units on the ground -floor level of a building have a business presence on the street, including signage.

For units in Commercial Zones, this includes a storefront-style façade as described in 17.101K.130(d). For units in I ndustrial Zones, this includes extra wide entrances an d, if feasible, roll -up doors. For units in Residential Zones, this includes a business door that is oriented towards the street.

2. The layout of nonresidential floor areas within a Work/Live U nit provides a functional open area for working activities.

3. The floor and site plan for the project includes an adequate provision for the delivery of items required for a variety of businesses, including artist’s work. This may include, but is not necessarily limited to, the following:
a. Service elevators designed to carry and move oversized items; b. Extra-large slop sinks;
c. Doors, corridors, and stairwells wide and/or straight enough to deliver large items; and d. Loading areas located near stairs and/or elevators;

G. Activity, auto parking, bicycle parking, loading, open space, and unit size standards. Table 17.101K.03 below prescribes special regulations for D-DT Work/Live Units in applicable D-DT zones.

Table 17.101K.03 Special Regulations for D-DT Work/Live Units Standard Requirement Notes
Activities allowed in a Work/Live
Unit
Same permitted and conditionally permitted activities as described in Section 17.101K.050 for the applicable primary zone. For Residential Zones, activities permitted as Home Occupations are also permitted. Chapter 17.112 contains the Home Occupation regulations.

Minimum size of a Work/Live
Unit
800 square feet
Required auto parking No auto parking spaces required
Required bicycle parking

One long-term space for each unit; minimum requirement is four long-term spaces. Five short-term spaces for each 20 units; minimum requirement is four short-term spaces.
1 D-DT Zones

Standard Requirement Notes
Required usable open space For new D-DT Work/Live Units that are completely or partially outside the envelope of an existing building, the usable open space requirements for regular dwelling units are applied (see Section 17.101K.150 for these open space requirements). No additional usable open space is required for D-DT Work/Live Units that are completely within the envelope of an existing building. For these conversions, maintaining existing usable open space to at least the minimum standards for regular dwelling units is required.

Required loading 1,2
Less than 50,000 sf. No berth
50,000—199,999 sf. One berth
200,000 sf. or more Two berths
Notes:

1. See Chapter 17.117 for bicycle parking standards.

2. Loading requirements apply to new construction only. For conversion of existing buildings, maintaining existing loading to at least these minimum number of berths is required. Also, see Chapter 17.116 for loading standards.

Article IV – Development and Design Standards

17.101K.080 – Determination of Principal and Secondary Streets.

17.101K.090 – Lot, Setback, and Ground Floor Requirements

17.101K.100 – Base Height and Intensity Standards

17.101K.110 – Zoning Incentive Program

17.101K.120 - Increased Density and Floor Area Ratio Through the Transfer of Development Rights in the D-DT Zones

17.101K.130 – General Design Standards

17.101K.140 – Development Standards for New Construction on Lots Adjacent to the Lake Merritt Channel

17.101K.150 – Usable Open Space Standards

17.101K.080 – Determination of Principal and Secondary Streets.

A. This section describes how to determine the principal street abutting a lot.

B. The number of principal and secondary streets shall be determined in the following manner:

1. For lots with one abutting street, the abutting street is the principal street;

2. For lots with two frontages, one (1) abutting street shall be the principal street and the other the secondary street;

3. For lots with three (3) or four (4) fron tages, two (2) streets shall be principal streets and the remaining shall be secondary street(s);

4. For lots with five (5) or more frontages, three (3) streets shall be principal streets and the remaining shall be secondary street(s).

D-DT Zones

C. The street(s) abutting a site with the highest priority as described in Subsection (D) shall be designated as the principal street(s). When streets have the same priority, the Planning Director or their designee shall determine the principal street(s) . In this case, streets in tended to have a high volume of pedestrian traffic and/or ground-floor commercial activity and streets with the most intact pattern of pedestrian entrances shall be identified as the principal street(s).

D. In order of priority, the following shall be principal streets when they abut a development site:

1. Broadway, Telegraph Avenue, and San Pablo Avenue;

2. Streets in the D-DT-P Zone;

3. Thomas Berkley Way, 20th Street, and Oak Street;

4. Streets in the Arts and Cultural Combining Zone;

5. Streets in the Green Loop Combining Zone;

6. Streets in the D-DT-C Zone; and

7. All other streets.

17.101K.090 – Lot, Setback, and Ground Floor Requirements Table 17.101K.04 below prescribes development standards specific to individual zones. The number designations in the right-hand column refer to the additional regulations listed at the end of the Table. "N/A" designates the standard is not applicable to the specified zone.

Table 17.101K.04 Development Standards for Downtown District Zones Base Zones Combining
Zone
Note
s
D-DT-
P
D-DT-
C
D-DT-
CX
D-DT-
R
D-DT-
RX
D-DT-
CPW
D-DT-
CW
D-DT-
AG
D-DT-
PM
D-DT-
JLI
Employmen
t Priority*
Minimum Parcel Requirements
Lot Width
Mean 50 ft. 50 ft. 50 ft. 25 ft. 25 ft. 50 ft. 50 ft. 25 ft. 50 ft. 50 ft. 100 ft. 1 Frontage 50 ft. 50 ft. 50 ft. 25 ft. 25 ft. 50 ft. 50 ft. 25 ft. 50 ft. 50 ft. 100 ft. 1 Lot Area 7,50
0 sf.
7,50
0 sf.
7,50
0 sf.
3,00
0 sf.
3,00
0 sf.
20,00
0 sf.
7,50
0 sf.
3,00
0 sf.
7,50
0 ft.
7,50
0 sf.
30,000 sf 1
Minimum and Maximum Setbacks
Minimum
front setback 0 ft. 0 ft. 0 ft. 0 ft. 0 ft. 0 ft. 0 ft. 0 ft. 0 ft. 0 ft. 0 ft. 2, 3, 4, 5
Maximum
front and
street side
setback for
the ground
floor
5 ft. 5 ft. 5/10
ft. N/A 5/10
ft.
5/10
ft. 5 ft. 5 ft. 5 ft. N/A 10 ft. 6
Minimum
interior side
setback
0 ft. 0 ft. 0 ft. 0 ft. 0 ft. 0 ft. 0 ft. 0 ft. 0 ft. 0 ft. 0 ft.

Minimum
street side
setback
0 ft. 0 ft. 0 ft. 0 ft. 0 ft. 0 ft. 0 ft. 0 ft. 0 ft. 0 ft. 0 ft. 2, 4,
5 Rear setback 0 ft. 0 ft. 0 ft. 10 ft. 0 ft. 0 ft. 0 ft. 0 ft. 0 ft. 0/10 ft.
0 ft. 2, 4,
5, 7
Ground Floor Requirements
D-DT Zones

Base Zones Combining
Zone
Note
s
Minimum
façade
transparency
for ground
floor
Nonresidentia
l Facilities
65% 55% 55% 55% 55% 55% 65% 55% 55% N/A 65% 8, 9
Minimum
height of
ground floor
Nonresidentia
l Facilities
15 ft. 15 ft. 15 ft. 15 ft. 15 ft. 15 ft. 15 ft. 15 ft. 15 ft. N/A 15 ft. 10 Additional Regulations for Table 17.101K. 04:
* If a D -DT Base Zone also has the Employment Priority Combining Zone, the Employment Priority regulations supersede the Base Zone.

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

2. No building shall be constructed within sixty (60) feet of the top of the bank of the Lake Merritt Channel.

See Section 17.101K for other requirements for development adjacent to the Channel.

3. There is no front setback required, except as described in note 2; and there is a six (6) foot front setback required for new construction when the ground floor contains residential units adjacent to the principal street.

4. In the D-DT-PM and D-DT-AG Zones, any upper-story addition shall be stepped back at least fifteen (15) feet from any street fronting facade.

5. See Section 17.108.130 for allowed projections into setbacks and Section 17.108.080 for the required interior side and rear setbacks on a lot containing two (2) or more living uni ts and opposite a legally - required living room window.

6. The following notes apply to the maximum yard requirements:
a. In the D-DT-RX, D-DT-CX, and D-DT-CPW Zones, the maximum front and street side setback for the first story is five (5) feet for Commercial Facilities and ten (10) feet for Residential Facilities. b. The requirements only apply to the construction of new principal buildings and to no more than two property lines. One of these property lines shall abut the principal street (see Section 17.101K.080 for how to identify the principal street).
c. The requirements do not apply to new construction of facilities containing Civic Activities, Agricultural Activities, or Automobile and Other Light Vehicle Gas Station and Servicing Commercial Activities as principal activities.
d. These maximum setbacks apply to seventy-five percent (75%) of the principal street facade and fifty percent (50%) on secondary streets, if any (see Section 17.101K.080 for how to identify the principal and secondary streets). All percentages, however, may be reduced to fifty percent (50%) upon the granting of Regular Design Review (see Chapter 17.136 for the Design Review procedure). In addition to the criteria contained in Section 17.136.050, the proposal must also meet the following criterion:
i. Any additional yard area abutting the principal street is designed to accommodate publicly accessible plazas, sidewalk cafes, or restaurants, or to transition to the front setback of a neighboring Designated Historic Property or Potentially Designated Historic Property (see Section

17.101K.080 for how to identify the principal street).

D-DT Zones

7. The rear setback in the D-DT-JLI zone is zero (0) feet for properties that do not abut parcels with Residential Facilities and ten (10) feet for properties that abut parcels with Residential Facilities.

8. This percentage of transparency is only required for principal buildings that include ground floor Nonresidential Facilities, and only applies to the principal street facade. On all secondary street facades, the requirement is one-half (½) the standard for the principal street façade (see Section 17.101K.080 for how to identify the principal and secondary streets). The area of required transparency is between two (2) feet and nine (9) feet in height of the ground floor and must be comprised of clear, non-reflective windows that allow views out of indoor commercial space or lobbies. Glass block does not quality as a transparent window.

Exceptions to this regulation may be allowed by the Director of the Planning Bureau, or his/her designee, for unique facilities such as convention centers, gymnasiums, parks, gas stations, theaters and other similar facilities.

9. For ground floor Health Care and Special Health Care Civic Activities and Medical Services Commercial Activities this level of transparency can be reduced using fogged or otherwise opaque windows. However, windows adjacent to reception, lobby, and waiting areas shall remain transparent.

10. This height is required for new principal buildings that include ground floor Nonresidential Facilities and is measured from the sidewalk grade to the second story floor.

17.101K.100 – Base Height and Intensity Standards
Base Height and Intensity Standards. Table 17.101K.05 below prescribes height and intensity standards in the D- DT Zones for projects not participating in the Zoning Incentive Program (ZIP), which is described in Section

17.101K.110. The numbers in the right-hand column refer to the additional regulations listed at the end of the Table. "N/A" designates the regulation is not applicable to the specified Height and Intensity Area.

The base height and intensity standards may be exceeded through the ZIP and/or through State Density Bonus Law (CA Gov’t Code Section 65915 et seq.). Refer to Section 17.101K.110 for the D-DT Zoning ZIP Height and Intensity Regulations, which specify the maximum amount of development if a project participates in the ZIP.

Refer to Section 17.107.040 for the City’s Density Bonus regulations.

Table 17.101K.05 Base Height and Intensity Regulations, Height and Intensity Areas 1-11 Regulation Base Height and Intensity Area (HIA) Notes
1 2 3 4 5 6 7 8 9 10
Maximum Density (Square Feet of Lot Area Required Per Unit) Regular Dwelling
units 1,000 900 450 300 1,000 450 260 250 225 110 1, 2
Rooming Units 500 450 225 150 500 225 130 125 110 55 1, 2 Efficiency
Dwelling Units 500 450 225 150 500 225 130 125 110 55 1, 2 Maximum
Nonresidential
Floor Area Ratio

1.0 2.0 2.5 2.0 3.5 5.0 7.0 5.0 5.0 7.5 2
Maximum Height 45 ft. 45 ft. 45 ft. 45 ft. 55 ft. 65 ft. 65 ft. 65 ft. 95 ft. 95 ft. 3, 4 Minimum Height N/A N/A N/A N/A N/A N/A N/A N/A 45 ft. 45 ft.

Building Base Regulations
Minimum Base
Height N/A N/A N/A N/A N/A N/A N/A N/A N/A

N/A

Maximum Base
Height N/A N/A N/A N/A N/A N/A N/A N/A N/A

N/A

Maximum front
and street side N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A D-DT Zones

Regulation Base Height and Intensity Area (HIA) Notes
1 2 3 4 5 6 7 8 9 10
setback for each
story
Tower Regulations
Average per story
lot coverage for
nonresidential
buildings

N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A
Average per story
lot coverage for
residential
buildings

N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A
Maximum
elevation length
for residential
towers

N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A
Maximum
diagonal length
for residential
towers

N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A
Minimum
distance between
towers on the
same lot for
residential towers

N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A
Minimum front
and street side
stepback from
the façade of the
base

N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A

Table 17.101K.05 (continued), Height and Intensity Areas 13-25 Regulation Base Height and Intensity Area Notes 11 12 13 14 15 16 17 18 Maximum Density (Square Feet of Lot Area Required Per Unit) Regular
Dwelling units N/A 250 110 110 100 90 90 90 1, 2
Rooming Units N/A 125 55 55 50 45 45 45 1, 2
Efficiency
Dwelling Units N/A 125 55 55 50 45 45 45 1, 2
Maximum
Nonresidential
Floor Area Ratio

7.5 5.0 8.0 12.0 14.0 17.0 20.0 20.0 2
Maximum Height 95 ft. 135 ft. 175 ft. 175 ft. 275 ft. 275 ft. 450 ft. No Limit 3, 4 Minimum Height N/A 110 ft. 65 ft. 65 ft. 65 ft. 65 ft. 110 ft. 110 ft. 4, 5, 6, 7 Building Base Regulations
Minimum Base
Height
N/A

45 ft. 45 ft. 45 ft. 55 ft. 55 ft. 65 ft. 65 ft. 7, 8
Maximum Base
Height
N/A

65 ft. 95 ft. 95 ft. 95 ft. 95 ft. 95 ft. 95 ft.

Maximum front
and street side N/A Same as maximum ground floor front and street side setbacks in Table 17.101K.04 9 D-DT Zones

Regulation Base Height and Intensity Area Notes 11 12 13 14 15 16 17 18 setback for
each story
Tower Regulations
Average per
story lot
coverage for
nonresidential
buildings N/A
80% of
site area
or 30,000
sf.,
whichever
is greater
80% of
site area
or 30,000
sf.,
whicheve
r is
greater
80% of
site area
or 30,000
sf.,
whichever
is greater
80% of
site area
or
30,000
sf.,
whicheve
r is
greater
80% of
site area
or
30,000
sf.,
whicheve
r is
greater
80% of
site area
or
30,000
sf.,
whicheve
r is
greater
85% of
site area
or 40,000
sf.,
whichever
is greater
10, 11,
12, 13
Average per
story lot
coverage for
residential
buildings N/A
70% of
site area
or 15,000
sf.,
whichever
is greater
70% of
site area
or 15,000
sf.,
whicheve
r is
greater
70% of
site area
or 15,000
sf.,
whichever
is greater
75% of
site area
or
15,000
sf.,
whicheve
r is
greater
75% of
site area
or
15,000
sf.,
whicheve
r is
greater
75% of
site area
or
20,000
sf.,
whicheve
r is
greater
85% of
site area
or 25,000
sf.,
whichever
is greater
10, 11,
12, 13
Maximum
elevation
length for
residential
towers
N/A 150 ft. 150 ft. 150 ft. 150 ft. 150 ft. 175 ft. 200 ft.

Maximum
diagonal length
for residential
towers
N/A 180 ft. 180 ft. 180 ft. 200 ft. 200 ft. 210 ft. 235 ft.

Minimum
distance
between
towers on the
same lot for
residential
towers
N/A 40 ft. 40 ft. 40 ft. 40 ft. 40 ft. 40 ft. 40 ft.

Minimum
stepback from
base on two
facades for
residential
towers
N/A 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10, 12, 14, 15

Notes:

1. See Chapter 17.107 for affordable and senior housing density incentives and Section 17.101K.120 for the transfer of development rights from other parcels in the Downtown District (D-DT) Zones.

2. For mixed use projects in the D -DT Zones, the allowable int ensity of development shall be measured according to both the maximum nonresidential Floor Area Ratio (FAR) allowed by the zone and the maximum residential density allowed by the zone. The total lot area shall be used as a basis for computing both the maximum nonresidential FAR and the maximum residential density.

3. See Section 17.108.030 for allowed projections above height limits and Section 17.108.020 for increased height limits for civic buildings.

4. In the D-DT-CPW Zone, no new additions, accessory structures, or principal buildings shall be constructed unless they are either: 1) part of a project that includes the construction of a principal building that is at least one hundred (100) feet i n height, or 2) on a site that contains an existing principal building that is at least one hundred (100) feet in height to the D-DT Zones

floor of the top story. This minimum height excludes the height of the allowed projections into the height limit contained in Section 17.108.030, Sign Facilities, and Telecommunications Facilit ies. Also, see Section 17.101K.040, which requires the granting of a Planned Unit Development Permit for all new construction and additions.

5. This minimum height excludes the height of the allowed projections into the height limit contained in Section 17.108.030, Sign Facilities, and Telecommunications Facilities.

6. The minimum height limit of properties within the Employment Priority Combining Zone is one hundred seventy five (175) feet.

7. Buildings constructed to accommodate Essential Service, Utility and Ve hicular, or Extensive Impact Civic Activities as principal activities are exempted from the height minimum regulation. The allowed projections into the height limits contained in Section 17.108.030 are not counted towards the height minimum.

8. The minimum height of the base can be reduced to allow transition to a lower-scale neighboring Potentially Designated Historic Property (PDHP) or Designated Historic Property.

9. These required setbacks are in Table 17.101K.04 and include Note 3 of that table. Also, see Section 17.108.030 for allowed projections above height limits.

10. See 17.101K.130(A)(1)(b) and 17.101K.130(A)(1)(c) for more tower and base requirements.

11. The average floor plate area of the stories above the base cannot exceed this percentage of lot area, wi th the following two qualifications:
a. The floor plate area of an individual story cannot be more than fifteen percent (15%) greater than the maximum average per story floor area above base.
b. A story that is more than fifteen percent (15%) less than the maximum average floor plate area is not included in the average per story floor area above the base.

12. This regulation does not apply in the Employment Priority Combining Zone.

13. For the purpose of this regulation, a “nonresidential building” means a building with more than one-third (1/3) floor area devoted to Nonresidential Activities.

14. For the purpose of this regulation, a “residential building” means a building with at least two -thirds (2/3) floor area designated for Residential Activities.

15. The following additional regulations apply to the tower stepback:
a. Unenclosed recreational, landscaping, and open space facilities are permitted within this stepback area. b. A lesser stepback is permitted if it precludes the construction of the maximum average per story lo t coverage. c. For nonresidential towers, a stepback is only required on sites adjacent to a right-of-way that is less than eighty (80) feet.

17.101K.110 – Zoning Incentive Program (ZIP)
Zoning Incentives in Exchange for Community Benefits. Under the Zoning Incen tive Program (ZIP), projects may exceed the base height and intensity standards in Section 17.101K.100 up to the standards described in Subsection A., provided they contribute the benefits described in Subsection B. Projects may only participate in t he ZIP if they are in one of the ZIP areas designated in the Zoning Map.

A. Maximum Height, Density, Tower, and Building Base regulations under the ZIP. Table 17.101K.06 shows the maximum permitted height and intensity in each ZIP Height and Intensity Area for projects participating in the ZIP. These ZIP Height and Intensity Areas are designated on the Zoning Map. ZIP Height and Intensity Area maximums may only be exceeded if the applicant utilizes the State Density Bonus Law or the City’s Density Bonus regulations. If an applicant chooses to utilize both the ZIP and the State Density Bonus Law, the State Density Bonus is calculated from the density established through the ZIP.

Table 17.101K.06: Maximum Height and Intensity in the ZIP Areas Regulation
Zoning Incentive Program (ZIP) Height and Intensity Areas (HIA) Notes A
(same as
Base HIA 8)
B
(same as
Base HIA 10)
C

D
(same as
Base HIA 14)
E
(same as
Base HIA 15)
F
(same as
Base HIA 16)
G
(same as
Base HIA 17)
H

I

Maximum Density (Square Feet of Lot Area Required Per Unit) D-DT Zones

Regulation
Zoning Incentive Program (ZIP) Height and Intensity Areas (HIA) Notes A
(same as
Base HIA 8)
B
(same as
Base HIA 10)
C

D
(same as
Base HIA 14)
E
(same as
Base HIA 15)
F
(same as
Base HIA 16)
G
(same as
Base HIA 17)
H

I

Regular Dwelling
Units 250 110 200 110 100 90 90 80 60 1,2
Rooming Units 125 55 100 55 50 45 45 40 30 1,2
Efficiency
Dwelling Units 125 55 100 55 50 45 45 40 30 1,2
Maximum Non-
Residential FAR 5.0 7.5 7.5 12.0 14.0 17.0 20.0 22.0 30.0 2 Maximum Height 65 ft. 95 ft. 95 ft. 175 ft. 275 ft. 275 ft. 450 ft.

No
height
limit
No
height
limit
3 Minimum Height
(ft) N/A 45 ft. 45 ft. 65 ft. 65 ft. 65 ft. 110 ft. 110 ft. 110 ft. 4, 5, 6, 7 Building Base Regulations
Minimum Base
Height N/A N/A N/A 45 ft. 55 ft. 55 ft. 65 ft. 65 ft. 65 ft. 7, 8 Maximum Base
Height N/A N/A N/A 95 ft. 95 ft. 95ft. 95 ft. 95 ft. 95 ft.

Maximum front
and street side
setback for each
story
N/A N/A N/A Same as maximum ground floor front and street side setbacks in Table

17.101K.04 9
Tower Regulations
Average per
story lot
coverage for
non-residential
buildings N/A N/A N/A
80% of
site area
or 30,000
sf.,
whichever
is greater
80% of
site area
or 30,000
sf.,
whichever
is greater
80% of
site area
or 30,000
sf.,
whichever
is greater
80% of
site area
or 30,000
sf.,
whichever
is greater
85% of
site area
or
40,000
sf.,
whichev
er is
greater
85% of
site area
or
40,000
sf.,
whichev
er is
greater
10, 11,
12, 13
Average per
story lot
coverage for
residential
buildings N/A N/A N/A
70% of
site area
or 15,000
sf.,
whichever
is greater
75% of
site area
or 15,000
sf.,
whichever
is greater
75% of
site area
or
15,000sf.,
whichever
is greater
75% of
site area
or 20,000
sf.,
whichever
is greater
85% of
site area
or
25,000
sf.,
whichev
er is
greater
85% of
site area
or
25,000
sf.,
whichev
er is
greater
10, 11,
12, 13
Maximum
elevation length
for residential
towers
N/A N/A N/A 150 ft. 150 ft. 150 ft. 175 ft. 175 ft. 200 ft.

Maximum
diagonal length
for residential
towers
N/A N/A N/A 180 ft. 200 ft. 200 ft. 210 ft. 210 ft. 225 ft.

Minimum
distance
between towers
on the same lot
for residential
towers
N/A N/A N/A 40 ft. 40 ft. 40 ft. 40 ft. 40 ft. 40 ft.

Minimum
stepback from N/A N/A N/A 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10, 12, 14, 15
D-DT Zones

Regulation
Zoning Incentive Program (ZIP) Height and Intensity Areas (HIA) Notes A
(same as
Base HIA 8)
B
(same as
Base HIA 10)
C

D
(same as
Base HIA 14)
E
(same as
Base HIA 15)
F
(same as
Base HIA 16)
G
(same as
Base HIA 17)
H

I

base on two
facades

Notes:

1. See Chapter 17.107 for additional affordable and senior housing density incentives and Section 17.101K.120 for the transfer of development rights from other parcels in the Downtown District (D -DT) Zones.

2. For mixed use projects the allowable intensity of development shall be measured according to both the maximum nonresidential Floor Area Ratio (FAR) allowed by the zone and the maximum residential density allowed by the zone. The total lot area shall be used as a basis for computing both the maximum nonresidential FAR and the maximum residential density.

3. See Section 17.108.030 for allowed projections above height limits and Section 17.108.020 for increased height limits for civic buildings.

4. In the D-DT-CPW Zone, no new additions, accessory structures, or principal buildings shall be constructed unless they are either: 1) part of a project that includes the construction of a principal building that is at least one hundred (100) feet i n height, or 2) on a site tha t contains an existing principal buildin g that is at least one hundred (100) feet in height. This minimum height excludes the height of the allowed projections into the height limit contained in Section 17.108.030, Sign Facilities, and Telecommunications Facilities. Also, see Section 17.101K.040, which requires the granting of a Planned Unit Development Permit for all new construction.

5. This minimum height excludes the height of the allowed projections into the height limit contained in Section 17.108.030, Sign Facilities, and Telecommunications Facilities.

6. The minimum height limit of properties within the Employment Priority Combining Zone is one hundred seventy- five (175) feet.

7. Buildings constructed to accommodate Essential Service, Utility and Vehicular , or Extensive Impact Civic Activities as principal activities are exempted from the height minimum regulation. The allowed projections into the height limits contained in Section 17.108.030 are not counted towards the height minimum.

8. The minimum height of the base can be reduced to allow transition to a lower scale neighboring Potentially Designated Historic Property (PDHP) or Designated Historic Property (DHP).

9. These required setbacks are in Table 17.101K.04 and include Note 3 of that table. Also, see Section 17.108.030 for allowed projections above height limits.

10. See 17.101K.130(A)(1)(b) and 17.101K.130(A)(1)(c) for more tower and base requirements.

11. The average floor area of the stories above the base cannot exceed this percentage of lot area, with the following two qualifications:
a. The floor area of an individual story cannot be more than fifteen percent (15%) greater than the maximum average per story floor area above base.
b. A story that is more than fifteen percent (15%) less than the maximum average floor area is not included in the average per story floor area above the base.

12. This regulation does not apply in the Employment Priority Combining Zone.

13. For the purpose of this regulation, a “ residential building” means a building with at least two -thirds (2/3) floor area designated for Residential Activities.

14. For the purpose of this regulation, a “nonresidential building” means a building with more than one-third (1/3) floor area devoted to Nonresidential Activities.

15. The following additional regulations apply to the tower stepback:
a. Unenclosed recreational, landscaping, and open space facilities are permitted within this stepback area. b. A lesser stepback is permitted if it precludes the construction of the maximum average per story lot coverage. c. For nonresidential towers, a stepback is only required on sites adjacent to a right of way that is less than eighty (80) feet.

D-DT Zones

B. Community Benefit Contributions.

1. In order to qualify for the ZIP t o exceed the normally required base maximum height and intensity requirements contained in Table 17.101K.05, applicants must provide the community benefits and comply with the requirements of this Subsection. An applicant may provide any combination of the benefits identified in this Subsection.

2. The amount of community benefits and/or fees required per incentive depen ds on in which ZIP Benefit Area the project is located and whether the project is receiving a residential incentive (increase in maximum permitted dwelling units) or a commercial incentive (increase in maximum permit ted nonresidential floor area). The Residential and Commercial ZIP Benefit Areas are designated on the Zoning Maps.

3. The increase in the maximum permitted dwelling units and/or nonresidential floor area depends on the amount of community benefits and/or ZIP fees provided, as shown in Tables 17.101K.07 and 17.101K.08.

Regardless of the community benefit contribution, the number of dwelling units or amount of nonresidential floor area cannot exceed the maximums prescribed in Subsection A (Table 17.101K.06).

4. The applicant shall provide one or more of the community benefits described in Subsections a(i- iv) to participate in the ZIP . The additional development potential earned by providing these community benefits is in Tables 17.101K.07 and 17.101K.08.
a. Types of Community Benefits
i. Funding for Affordab le Housing, Infrastructure Improvements, and Employment Training. Fees charged to a developer placed as allocated below in the following funds for the following purposes:

1. Fifty percent ( 50%) of the contribution goes into the Affordable Housing Trust Fund as described in OMC Chapter 15.72;

2. Twenty-five percent ( 25%) of the contribution goes into the Economic and Workforce Development Miscellaneous Fee Revenue Account to provide employment training and services, prioritizing residents harmed by racial income and unemployment disparities. Fifty percent (50%) of these funds are dedicated for construction training and apprenticeships programs.

3. Twenty-five percent (25%) of the contribution goes into the Economic and Workf orce Development Miscellaneous Fee Revenue Account to provide the Downtown improvements.

This funding shall be used to implement public streetscape, open space, and/or flood control improvements that are consistent with the Downtown Oakland Specific Plan. ii. Below-Market Commercial Space. On site, ground floor space provide d at fifty (50) percent of market rental rate for qualified retail, commercial, arts, and non -profit tenants that meet the City’s tenanting priorities for tenants that achieve the City’ s goals to reduce racial inequities. In the BAMBD Arts and Culture Combining Zone (see Section 17.101K.010), such tenants should also meet the intent of the district. A development requires a minimum of five hundred (500) square feet of commercial space to qualify for this incentive. iii. Public Restrooms. On-site, ground floor, gender-neutral restroom facilities that are open to the public at least between 8:30am and 6:00pm each day of the week. iv. Streetscape, Open Space, and Flood Control Improvements. Public streetscape and/or open space improvements, provided by the developer, that are consistent with improvements called D-DT Zones

for in the Downtown Oakland Specific Plan. These improvements shall not include those generally required as part of a project approval in the D-DT Zone. The benefit may include pedestrian right- of-way and open space improvements such as plaza construction, landscaping, tree planting, and public art installation, plazas, street furniture, and other items that create an inviting public realm and, where applicable, support the development of cultural districts . Improvements may also include the implementation of flood control improvements in the Sea Level Rise Combining Zone that serve areas beyond the project site.
b. Tables 17.101K.07 a nd 17.101K.08, below, contain the residential and nonresidential development potential, respectively, earned beyond the base amount (i.e. , additional dwelling units and/or nonresidential floor area) by providing community benefits. The stated amount of benefit earns either the additional residential units described in Table 17.101K.07 or the additional nonresidential floor area described in Table 17.101K.08, or a combination of these. However, the stated amount of benefit cannot be “double counted” to earn the full amount of both residential and commercial benefits. For instance, providing 100 square feet of Below -Market Commercial Space can earn 1.3 additional dwelling units over the base permitted in Area R -A or 1,318 square feet of additional nonresidential floor area over the base permitted in Area C-A, but not both.

Table 17.101K.07 Residential ZIP Benefits: Community Benefits Required to Earn Additional Residential Units, by ZIP Benefit Area

Benefit Increment Provided
Number of Dwelling Units Permitted Above the Base
Benefit Area R-A Benefit Area R-B Area R-C
$15,000 Funding for Affordable Housing,
Infrastructure Improvements and Employment
Training
(See Notes 1., 2., 3., and 8)

0.7 additional
market-rate
dwelling units
above the base
maximum

1.0 additional
market-rate
dwelling units
above the base
maximum

1.25 additional
market-rate
dwelling units
above the base
maximum
100 Square Feet of Below-Market Commercial
Space
(See Notes 2., 3. 4., and 8)

1.3 dwelling units 1.9 dwelling units 2.4 dwelling units Two or More Public Restrooms
(See Notes 5, 6., and 8)
41 dwelling units 60 dwelling units 75 dwelling units
$150,000 in Streetscape, Open Space, and Flood
Control Improvements
(See Notes 2, 3, 7., and 8)
7 dwelling units 10 dwelling units 12.5 dwelling units
Notes:

1. Additional dwelling units are only permitted for each increment of $15,000 spent on Affordable Housing, Infrastructure Improvements and Employment Training. For instance, $20,000 worth of Affordable Housing, Infrastructure Improvements and Employment Training in a project does not provide any more dwelling units above the base than $15,000. Providing an additional benefit would require an increment of at least $15,000 worth of additional funding.

2. Every July 1st beginning on July 1, 2024, the amount of benefit for these items shall be adjusted upward annually at the rate of inflation in accordance with the percentage increase from January to January in the building cost index published by Marshall and Swift, or if such index ceases to be published, by an equivalent index chosen by the City Administrator, with appropriate adjustments for regional and local construction costs, as necessary. The adjustment shall be automatically effective regardless of whether the Master Fee Schedule has been amended to reflect the adjustment.

3. When the amount of Funding for Funding for Affordable Housing, Infrastructure Improvements and Employment Training , Below-Market Commercial Space , or Streetscape, Open Space, and Floor C ontrol D-DT Zones

Improvements results in a fractional number of additional dwelling units permitted above the base, the number of units permitted above the base is rounded up to the nearest whole number.

4. Additional dwelling units are only permitted for each increment of 100 Square Feet of Below- Market Commercial Space. For instance, 150 square feet of Below-Market Commercial Space in a project does not allow any more dwelling units above the base than 100 square feet. Additional benefits would require an increment of at least 100 more square feet.

5. The additional dwelling units above the base shown in this row of the table is the maximum permitted for providing public restrooms, regardless of the number of public restrooms provided.

6. Every July 1 st beginning on July 1, 2024, the number of additional units permitted through providing two public restrooms shall be adjusted downward annually at the rate of inflation in accordance with the percentage increase from January to January in the building cost index published by M arshall and Swift, or if such index ceases to be published, by an equivalent index chosen by the City Administrator, with appropriate adjustments for regional and local construction costs, as necessary. The adjustment shall be automatically effective regar dless of whether the Master Fee Schedule has been amended to reflect the adjustment.

7. Additional dwelling units are only permitted for each increment of $150,000 of investment in Streetscape, Open Space, and Flood Control Improvements . For instance, $200, 000 worth of improvements does not allow any more dwelling units above the base than $150,000. Additional benefits would require an additional increment of at least $150,000.

8. See Section 15.72.100( B)5 for Affordable Housing Impact Fees requirements when usi ng the Zoning Incentive Program.

Table 17.101K.08 Non-Residential ZIP Benefits: Community Benefits Required to Earn Additional Nonresidential Floor Area, by ZIP Benefit Area
Square Feet of Nonresidential Floor Area Earned Above the Base Maximum
Benefit Increment Provided Benefit Area
C-A
Benefit Area
C-B
Benefit Area
C-C
$15,000 of Funding for Affordable Housing,
Infrastructure Improvements, and Employment
Training
(See Note 1., 2.)

682 sf. of
nonresidential
floor area above
the base maximum
1,000 sf. of
nonresidential
floor area above
the base maximum
1,250 sf. of
nonresidential
floor area above
the base maximum
100 Square Feet of Below-Market Commercial Space
(See Notes 2., 3.) 1,318 sf. 1,933 sf. 2,417 sf.

Two or More Public Restrooms
(See Notes 2., 4., 5.) 40,909 sf. 60,000 sf. 75,000 sf. $150,000 in Streetscape, Open Space, and Flood
Control Improvements
(See Notes 2, 6)
6,820 sf. 10,000 sf. 12,500 sf
Notes:

1. Additional nonresidential floor area above the base is only permitted for each increment of $ 15,000 of Funding for Affordable Housing, Infrastructure Improvements and Employment Training.

2. Every July 1st beginning on July 1, 2024, the amount of additional floor area for these community benefits (not including restroom community benefit) shal l be adjusted upward annually at the rate of inflation in accordance with the percentage increase from January to January in the building cost index published by Marshall and Swift, or if such index ceases to be published, by an equivalent index chosen by the City Administrator, with appropriate adjustments for regional and local construction costs, as necessary. The adjustment shall be automatically effective regardless of whether the Master Fee Schedule has been amended to reflect the adjustment.

3. At least 1,000 square feet of Below -Market Commercial Space must be provided to qualify for additional nonresidential floor area above the base. Additional nonresidenti al floor area above the base is only permitted for each increment of 100 Square Feet of Below -Market Commercial Space. For instance, 150 D-DT Zones

square feet of Below-Market Commercial Space in a project does not provide any more nonresidential floor area above the base than 100 square feet. An additional benefit would require an additional increment of at least 100 more square feet.

4. The additional nonresidential floor area above the base shown in this row of the table is the maximum permitted for providing public restrooms, regardless of the number of public restrooms provided.

5. Every July 1 st beginning on July 1, 2024, the amount of additional floor area permitted through providing two public restrooms shall be adjusted downward annually at the rate of inflation in accordance with the percentage increase from January to January in the building cost index published by Marshall and Swift, or if such index ceases to be published, by an equivalent index chosen by the City Administrator, with appropriate adjustments for regional and local construction costs, as necessary. The adjustment shall be automatically effective regardless of whether the Master Fee Schedule has been amended to reflect the adjustment.

6. Additional nonresidential floor area above the base only permitted for each increment of $150,000 of investment in Streetscape, Open Space, and Flood Control Improvements. For instance, $200,000 worth of improvements does not allow any more floor area above the base than $150,000. Additional benefits would require an additional increment of at least $150,000.

17.101K.120 – Increased density and floor area ratio through the transfer of development rights in the D-DT Zones.

A. Definitions. The following definitions shall apply to this Section:

1. “Development Rights” means the maximum allowed dwelling units and floor area established in the zoning regulations for a specific lot.

2. “Net Development Rights” means the difference between: 1) the development rights on a lot, and 2) the existing floor area and number of dwelling units on the same lot. For example, if the underlying zoning permits a maximum of fifty (50) dwelling units on a lot, and the same lot contains forty (40) dwelling units, then the net development rights for density available for transfer is ten (10) dwelling units.

3. “Transfer of Development Rights (TDR)” means the transfer of some or all of the net development rights from a sending site to a designated receiving site, resulting in an increase in the number of dwelling units and/or amount of floor area than would otherwise be permitted at the receiving site. For example, a transfer of development rights for number of dwelling units has occurred if the sending site described in definition (2), above, transfers all its net development rights to allow a receiving site to construct ten (10) dwelling units more than normally permitted in the zoning re gulations. In this case, the sending site would not be permitted to contain more than the existing forty (40) dwelling units, because it transferred the site’s net development rights to the receiving site.

4. Receiving Site. A development site that receives net development rights from a sending site.

5. Sending Site. A lot that sends some or all its net development rights to another proposed development site.

B. A transfer of development rights from a sending site to a receiving site in a D-DT Zone is only permitted if it meets the requirements of this section. T his section shall supersede the regulations contained in Section

17.106.050.

C. Development rights from a single sending site may be transferred as a group to a single receiving site or in separate increments to several receiving sites. Development rights may be transferred from the original owner of the development rights to either: 1) the owner of a receiving site, or 2) to an entity(s) that holds them for subsequent transfer to the owner(s) of a receiving site(s).

D-DT Zones

D. Prior to the transfer of development rights, the owner of the sending site shall submit for approval by the Bureau of Planning, in consultation with the Office of Cultural Heritage Survey, a maintenance plan. The plan shall describe any proposed preservation work that guarantees the maintenance and upkeep of the sending site. This plan shall include:

1. A plan for the ongoing maintenance for the sending site , including clearing any outstanding Notices of Violation;

2. Information regarding the nature and cost of any preservation work to be conducted on the sending site, including information about any required seismic, life safety, or disability access work; and

3. Any other information that the Bureau of Planning requires to determine compliance to this subsection.

E. For any transfers of development rights, the owners of the sending site shall prepare and execute an agreement, approved as to form and legality by the City Attorney and filed with the Alameda County Recorder under the addresses of both the receiving and sending sites, incorporating the restricted development rights at the sending site, the plan described in Subsection D, and the expanded development rights at the receiving site.

F. After the transfer of development rights, the principal building(s) on the sending site shall not be demolished unless there is an imminent danger to health and safety as determined by the Building Official.

G. Characteristics of the sending and receiving sites.

1. Both the receiving and sending sites must be within a D-DT Zone.

2. The sending site shall be at least one of the following : 1) a Designated Historic Property (DHP) ; 2) a Potentially Designated Historic Property (PDHP) that contributes to an Area of Secondary Importance (ASI) or Area of Primary Importance (API); or 3) a property rated “A” or “B” by the Office of the Cultural Heritage Survey.

3. The receiving site shall be neither: 1) a Designated Historic Property (DHP); 2) a Potentially Designated Historic Property (PDHP) that contributes to an Area of Secondary Impo rtance (ASI) or Area of Primary Importance (API); nor 3) a property rated “A” or “B” by the Office of the Cultural Heritage Survey.

4. A receiving site being grant ed additional density over the base must be in a location that permits Residential Facilities, and a receiving site being granted additional nonresidential floor area over the base must be at a location that permits Enclosed Nonresidential Facilities.

H. Relationship to the Zoning Incentive Program and the State Density Bonus Law.

1. The number of units and/or floor area greater than what is permitted under the base density at a receiving site achieved through a transfer of development rights shall not be more th an half of the maximum of what could be achieved through the D-DT Zoning Incentive Program (see Section 17.101K.110 for the ZIP regulations) . For example, if the ZIP allows twenty (20) more units and fifty thousand (50,000) more square feet than what is normally allowed by the base intensity regulations at a site, then the maximum a transfer of development rights can achieve is ten (10) units and twenty -five thousand (25,000) square feet over what is allowed under the base intensity at the site.

2. The intensity achieved through the TDR program plus the intensity achieved under the ZIP shall not exceed the maximum permitted under the ZIP.

3. If an applicant chooses to utilize both the TDR program and the State Density Bonus Law, the State Density Bonus is calculated from the new base density established through the TDR, plus any additional development generated under the Zoning Incentive Program.

I. Construction at a receiving site above the maximum height that is permitted in the applicable base zone are only permitted upon the granting of Regular Design Review Approval. This increase over the maximum height shall meet both of the following requirements:

D-DT Zones

a. The additional height shall be limited to only that required to physically accommodate the transferred net development rights. The additional height required to accommodate the transferred development rights shall be based on the average size of the dwelling units (including common hallways) at the sending site and the nonresidential floor area transferred to the receiving site.

17.101K.130 – General Design Standards
A. The following regulations apply to newly constructed principal buildings, with the exception of new industrial buildings.

1. Ground Floor Treatment
a. Entrance. Buildings shall have at least one prominent pedestrian entrance on the ground floor facing and oriented toward the street on the princi pal street façade (see Section 17.101 K.080 for how to identify the principal street) . Entrances at building corners facing both the principal street and a secondary street may be used to satisfy this requirement. Building entrances include doors to one or more shops, businesses, lobbies, or living units. Entrances shall be made prominent through some combination of change in material, an awning above a door, additional detailing and transparency surrounding the entrance , stairs leading to the door, and othe r features. The entrance for Nonresidential Facilities shall be at grade. Entrances shall be recessed at least three (3) feet from the façade of all buildings.
b. Ground Floor Materials. All ground -floor building materials shall be durable, of high quality, and display a sense of permanence. Such materials include stone, poured concrete, tile, brick, metal panel systems, glass, and/or other similar materials.
c. Distinguishing Ground Floor. The ground level of the building shall be designed to enhance the visual experience for pedestrians and distinguish it from upper stories. This shall be achieved by designing a ground floor facade that is distinct from the rest of the building through some combination of two or more of the following: change of material, enhan ced detailing, cornices, awnings, canopies, and/or other elements.
d. Ground Floor Commercial Façade Elements. For buildings with ground floor commercial space, the ground floor shall be modulated into a regular cadence of storefront -sized windows and entran ces and contain a window base or kickplate, and transom windows. The design of these elements shall be consistent with the style of the building. Ground floor commercial facades shall be within five (5) feet of the front property line.
e. Active Space Requirement. Parking spaces; locker areas; utility, storage, and trash rooms; and similar non-active spaces shall not be located within thirty (30) feet from the principal ground floor street facade, except for incidental entrances to such activities elsewhere in the building. Exceptions to this requirement can be made through the Design Review Procedure (See Chapter 17.136). Proposals requiring Regular Design Review approval may only be granted upon determination that the proposal conforms to the criteria cont ained in Section 17.136.050, and to both of the following additional criteria:
i. There is no other feasible location for the non-active space and the amount of non-active space in the front thirty (30) feet of the building is minimized to the maximum amount practically achievable; and
ii. When feasible, active space is placed between the non-active space and the street. f. Trash and Storage. Trash and storage shall be in the garage, underground, or be otherwise concealed from view of the public right -of-way. Trash and storage shall not be placed adjacent to the principal D-DT Zones

street facade unless the proposal is on an interior lot (see Section 17.101K.080 for how to identify the principal street).
g. Utilities. Backflow prevention devices and utility meters shall not be placed on the principal street façade unless the proposal is on an interior lot (see Section 17.101 K.080 for how to identify the principal street). These elements shall be placed in a building alcove, underground, landscaped area, or utility room, and completely screened from view from the public right -of-way unless required otherwise by a department of the City. Whenever feasible, transformers shall be placed out of public view and not on the principal street facade . If this is infeasible, transformers shall be screened by landscaping. Transformers shall never be placed above ground in the right-of-way. h. Parking and Loading Access Location. Access to parking and loading facilities through driveways, garage doors, or other means shall not be from the principal street when alternative access is feasible from a secondary street facade or an alley (see Section 17.101K.080 for how to identify the principal street). Open parking areas shall not be located between the sidewalk and a principal building.

2. Base Design.
a. Transition to Historic Buildings. The design of the building base shall create a transition to adjacent lower scale Designated Historic Properties (DHPs) and Potentially Designated Historic Properties (PDHPs). This shall be accomplished through matching cornice lines, floor heights and other building elements, and creating volumes at the façade of the base that relate to the scal e of the historic building.
b. Building Base Articulation. The façade(s) of the base that are more than seventy-five (75) feet in width and visible from the street shall use both vertical and horizontal plane offsets , articulations, and material changes that create shadow and relief.
c. For buildings with a clear pattern of individual ground floor residential unit entrances : wherever feasible, articulate and modulate t he principal facade of the building base to correspond to the entrances.
d. Windows and Façade Trea tment. Each building base façade facing a street shall contain windows.

Expanses of solid walls without windows on these facades shall not exceed ten (10) feet in width.

However, wider solid walls required by the Building Code for structural purposes are permitted. e. For corner buildings, design the building base to emphasize the intersection of two streets right- of- ways that are both eighty (80) feet or wider in width through a combination of building corner architectural detailing such as added transparen cy, particularly floor to ceiling windows, a corner entrances, articulation, and high-quality materials, and chamfering the corner. f. Parking, loading, or circulation located above the ground floor shall be lined by habitable floor area along all street fron tages. If the applicant demonstrates that this is not feasible , parking, loading or circulation located above the ground floor shall screened from the street with a façade treatment that is integrated into the design of the building façade(s).

3. Tower Design. The following standards apply to towers, which is defined as construction above the base of a building.
a. Each façade shall include some combination of fenestration, sculpting, volumes, articulation, and/or material patterns to reduce the perception of bu ilding mass and avoid the appearance of repeated identical floors.

D-DT Zones

b. For tower facades over one-hundred and fifty ( 150) feet in width, provide a change in massing by providing one or more articulations, stepbacks, or notches greater than twenty (20) feet wide and ten (10) feet deep to reduce apparent building bulk.
c. Design Integration with Base. V ertically integrate with and/or extend design elements of a tower to building the base façade facing the street. This technique shall be used to avoid the appearance of towers being isolated from the street and the base.
d. Windows. Each visible tower facade shall contain windows, including façades facing interior and rear property lines. Expanses of solid walls without windows that are visible from the street shall not exceed twenty (20) feet in width.
e. Building Terminus. The top of buildings shall include elements that provide a distinct visual terminus.

The visual terminus shall be integrated into the overall architectural design concept of the building as seen in the skyline. Examples include, but are not limited to, curvilinear or stepped forms that soften the truncated tops of buildings, cornices, symmetric volumes toward the middle of the roof, and other architectural forms. These rooftop elements shall be sized, shaped, and sited to also screen all rooftop mechanical equipment from view.

4. General building design requirements.
a. Massing. The mass of buildings shall be broken up into smaller forms to reduce the scale and enhance the visual interest of the streetscape. The massing requirements contained in this section shall be applied on all visible facades and achieved through a coordinated combination of two or more of the following: changes in plane, sculpting, building articulation, varied materials, contrasting window patterns and treatments, varying roof heights, separating upper -story floor area into two or more towers, contrasting colors, a distinct base, middle, and top, or other methods. b. Heavily tinted bronze, black, or gray glass shall not predominate on or be a signature feature of facades.

17.101K.140 – Development Standards for New Construction on Lots Adjacent to the Lake Merritt Channel A. The regulations of this section apply to the new construction of principal buildings on parcels that are adjacent to the Lake Merritt Channel or its adjacent open space.

B. The following definition only applies to this Section:

1. Lake Merritt Channel Facade - Lake Merritt Channel Facade r efers to the façade and private and public space that abuts either: 1) the Lake Merritt Channel; or 2) existing and/or planned parks and open spaces that border the Lake Merritt Channel.

C. No building shall be constructed within sixty (60) feet of the top of the bank of the Lake Merritt Channel.

D. In addition to the findings required in Chapter 17.136, the following Regular Design Review findings are required to be met for all development projects that include the construction of a new principal building on a lot that is adjacent to the Lake Merritt Channel open space area:

1. The project contributes to and protects the unique environmental resources at the Channel and coordinates with ongoing and proposed capital improvements and restoration projects associated with the Lake Merritt Channel.

2. The project landscaping integrates with and visually transitions to existing or planned adjacent natural and open spaces.

3. The Lake Merritt Channel façade provides visual interest for pedestrians at the Lake Merritt Channel.

E. New development shall comply with the following building orientation, facade, and landscape requirements:

D-DT Zones

1. Whenever feasible, no Lake Merritt Channel Facade shall include utility meters, utility boxes, or vehicle entryways. If it is unavoidable to place utility meters and/or boxes on the Lake Merritt Channel Façade, they shall be screened by dense la ndscaping. No garages shall face the channel , and at least one prominent entrance shall face the channel.

2. Developments shall include open spaces in the form of walkways, landscaped passive recreation areas or terraced plazas between the Lake Merritt Channel Facades and the Channel.

17.101K.150 – Usable Open Space Standards
A. General. This Section contains the usable open space standards and requirements for residential development in the D-DT Zones. These requirements shall supersede those in Chapter 17.126.

B. Definitions of D-DT usable open space types. The following includes a list of available usable open space types eligible to fulfill the usable space requireme nts of this Chapter and the definitions of these types of open space:

1. "Private Usable Open Spa ce". Private usable open space is accessible from a single unit and may be provided in a combination of recessed and projecting exterior spaces.

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

3. "Rooftop Open Space". Rooftop open space, a type of group usable open space, includes gardens, decks, swimming pools, spas and landscaping located on the rooftop and accessible to all tenants.

4. "Courtyard". A courtyard is a type of group usable open sp ace that can be located anywhere within the subject property.

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

1. Area. On each lot containing Residential Facilities with a total of two or more living units, usable open space shall be provided for such facilities at a rate of at least sixty (60) square feet per Regular D welling Unit, and thirty (30) square feet per Rooming Unit and Efficiency Dwelling Unit. 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 req uired, 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.

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

Table 17.101K.12: Required Dimensions of Usable Open Space Type of Usable
Open Space
Minimum
Dimension
Notes
Private 10 ft
Public Ground-Level Plaza 10 ft
Courtyard 15 ft
Rooftop 15 ft Areas occupied by vents or other
structures which do not enhance
usability of the space shall not be
D-DT Zones

Type of Usable
Open Space
Minimum
Dimension
Notes
counted toward the above
dimension.

3. Openness. There shall be no obstructions above the space except for devices to enhance its usability, such as pergola o r awning structures. There shall be no obstructions over ground -level private usable open space except that not more than fifty percent (50%) of the space may be covered by a private balcony projecting from a higher story. Above -ground-level private usable open space shall have at least one exterior side open and unobstructed, except for incidental railings or balustrades, for eight (8) feet above its floor level.

4. Location. Required usable open space may be located anywhere on the lot.

5. Usability. A surface shall be provided which prevents dust and allows convenient use for outdoor activities.

Such surface shall be any practicable combination of lawn, garden, flagstone, wood planking, concrete, asphalt or other serviceable, dust -free surfacing. Slope shall not exceed ten percent (10%). Off -street parking and loading areas, driveways, and service areas shall not be counted as usable open sp ace.

Adequate safety railings or other protective devices shall be erected whenever necessary for space on a roof but shall not be more than the minimum height required by the Oakland Building Code.

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

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

Article V – D-DT Combining Zones

17.101K.160 – Black Arts Movement and Business District (BAMBD) Arts and Culture Combining Zone Regulations

17.101K.170 – Green Loop Combining Zone

17.101K.180 – Sea Level Rise Combining Zone.

17.101K.160 – Black Arts Movement and Business District (BAMBD) Arts and Culture Combining Zone Regulations
A. The regulations of this section only apply to areas designated to be within the Black Arts Movement and Business District Arts and Culture Combining Zone (D-DT-BA Combining Zone) on the Zoning Map. The intent of the Zone is described in Section 17.101K.010.

B. Definition of BAMBD Arts and Culture Activities.

D-DT Zones

1. BAMBD Arts and Culture Activit ies. BAMBD Arts and Culture A ctivities produce, display, sell , foster, support or disseminate artistic and cultural expression representative of the multi-ethnic character of the BAMBD. These types of activities also include operations that increase cultural awareness, serve and strengthen ethnic communities harmed by racial disparities, and educate Oakland residents about art and cultural practices and histories. All BAMBD Arts and Culture A ctivities are categorized in one of the following two subclassifications:
a. BAMBD Administrative Arts and Culture Activities. These types of activities support the intent of this combining zone through ge neral administrative functions. These include, but are not limited to, administrative support for art- and culture-related non-profit educational organizations, institutions, and businesses. These activities also include organizations that have a mission to strengthen, serve, and educate underrepresented communities, particularly communities represented by the BAMBD and/or harmed by racial disparities.
b. BAMBD Active Arts and Culture Activities. These types of activities provide pedestrian -oriented, accessible, active and/or high visibility functions. These uses include, but are not limited to, the following:
i. Public and private performance spaces, including dance, theater and spoken-word venues; ii. Schools focusing on arts and/or cultural education; iii. Artisan Production Commercial Activities, as described in Section 17.58.040; iv. Art studios;
v. Libraries;
vi. Museums and galleries; and
vii. Retail stores, bookstores, consumer services such as barber shops and salons, cafes, restaurants and bars that display rotating visual art, host performances and /or are oriented toward the specific cultures or ethnicities identified in the intent of this Combining Zone.

C. Determination of a BAMBD Arts and Culture Activity. The determination of whether a propos al is a BAMBD Arts and Culture Activity shall be made by the Planning Director, or his or her designee. Such determination shall be subject to the right of appeal pursuant to the administrative appeal procedure in Chapter 17.132.

D. Ground floor non-BAMBD Arts and Culture Activitie s that are permitted or conditionally permitted in the primary zone are only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP process) . Any approval shall meet the findings contained in Section 17.134.050 and the fol lowing additional findings:
a. The proposal will enhance the character of the D-DT-BA Combining Zone; b. For projects within both the D-DT-P Zone and D-DT-BA Combining Zone, the proposal will bring customers to the area and will not weaken the concentration and continuity of BAMBD Active Arts and Culture Activities at ground level;
c. For proposals within the D-DT-BA Combining Zone but outside the D-DT-P Zone, the proposal will not weaken the concentration and continuity of BAMBD Arts and Culture Activities at the ground level.

17.101K.170 – Green Loop Combining Zone
A. The regulations of this section apply to areas designated to be within the Green Loop Combining Zone (D-DT- GL Combining Zone) on the Zoning Map. The intent of the Zone is described in Section 17.101K.010.

B. Green Loop Frontage Regulations. The following regulations are required for developments that include the construction of a new principal building:

D-DT Zones

1. Buildings that include ground -floor commercial storefronts shall be designed to accommodate at least one (1) form of outdoor seating and/or tables for patrons. Examples include parts of a building frontage setback for full-service tables, built-in benches, and plazas.

2. Building entrances and/or storefronts shall include awnings or canopies at the ground flo or to provide weather protection and sense of enclosure for pedestrians.

3. A six (6) foot space shall be provided between any ground floor residential façade and the sidewalk for the placement of landscaping.

4. Ground floors shall be illuminated by building-mounted hooded decorative lights.

5. New development of a principal building that is three (3) stories or more shall incorporate at least one (1) of the following ground-floor facade treatment(s):
a. Vining plant supports which contain vertical or hanging gardens; or b. Landscaped trellises or other structural additions.

C. Green Loop Landscape Standards . Development that includes the new construction of a principal building shall be landscaped according to the following standards:

1. At least seventy-five percent (75%) of any ground floor open area between the principal building and the sidewalk shall be improved with features such as decorative paving, stepped planter formations , decorative planting containers, and in-ground landscaping.

2. At least fifteen percent (15%) of any courtyard usable open space between the principal building and the sidewalk shall include planting, as described in Section 17.101K.150.

3. Landscaping shall be composed of a combination of trees, plants, vines, and shrubbery that is suited to the Oakland climate.

4. Fencing or other screening feature shall not create a significant visual barrier between the public right-of- way and any publicly accessible ground floor open space area.

17.101K.180 – Sea Level Rise Combining Zone.

A. The regulations of this section apply to areas designated to be within the Sea Level Rise Combining Zone (D- DT-SLR Combining Zone) on the Zoning Map. The intent of the Zone is described in Section 17.101K.010.

B. Developments that include the construction of any new principal building within the Sea Level Rise Combining Zone shall be required to submit a Sea Level Rise Adaptation Plan (SLRAP) for: 1) the review and approval of the Director of Planning or their designee, and 2) implementation by the applicant.

C. The SLRAP shall be written by a licensed civil engineer or architect approved and managed by the Director of Planning or their designee.

D. The SLRAP shall describe required site-specific measures to adapt to changes in rising sea level and related groundwater intrusion through 2050, including methods to protect human life and health; protect property; minimize the need for rescue and relief efforts associated with flooding; minimize prolonged evacuations and business interruptions due to flooding; and minimize damage to surrounding public utilities and infrastructure. All structures and infrastructure elements must be designed to be resilient to flood impacts.

E. The SLRAP shall consider site-predicted base flood elevations, inundation level s, storm surge, and groundwater table changes, and any other relevant items.

Where physically feasible, the minimum height of the finished floor of the bottom story of new buildings shall be at least twenty -four (24) inches higher than the future potential inundation level. Only nonhabitable spaces, including but not limited to p arking and storage are permitted below this finished floor; and this under-floor area shall include openings that easily allow water to flow into and out of the space. Other resiliency measures may include anchoring the build ing, siting the building in areas least vulnerable to flooding, and locating utilities outside predicted inundation areas.

PROPOSED NEW S-16 INTERSTATE CORRIDOR COMMERCIAL ZONES

REGULATIONS CHAPTER

The following Chapter 17.98 is proposed to be inserted, in its entirety, into the Planning Code. This does not include proposed a new Chapter 17.101K (D-DT Downtown District Zones Regulations) and related changes to the Planning Code, which are contained in Exhibits A and C, respectively.

S-16 Zone

Chapter 17.98 – S-16 INTERSTATE CORRIDOR COMMERCIAL ZONES REGULATIONS

Sections:

17.98.010 – Title, Intent and Description

17.98.020 – Required Design Review Process

17.98.030 – Permitted and Conditionally Permitted Activities.

17.98.040 – Permitted and Conditionally Permitted Facilities.

17.98.050 – Property Development Standards.

17.98.010 – Title, Intent and Description
A. Intent. The provisions of this Chapter shall be known as the S -16 Interstate Corridor Commercial Zones Regulations. The intent of the S-16 Interstate Corridor Commercial (S-16) Zones is to maximize the community potential of California Department of Transportation (Caltrans) Freeway Lease Areas (FLA) under and adjacent to Interstates 880 (I -880) and 980 (I -980) by allowing the creation of safe, high -quality activities in FLAs. These regulations shall apply to the S-16 Zones.

B. Description of Zones. This Chapter establishes land use regulations for the following three (3) zones:

1. S-16-A Commercial Zone. The S-16-A Zone is intended to enhance areas beneath and adjacent to I -880 and I-980 by providing opportunity for activities that support community functions.

2. S-16-B Commercial Zone. The S -16-B Zone is intended to accommodate a range of uses beneath and adjacent to I-880 that are compatible with adjacent residential and commercial areas.

3. S-16-C Industrial Zone. The S -16-C Zone is intended to accommodate a range of us es beneath and adjacent to I-880 that are compatible with adjacent industrial and mixed commercial areas.

17.98.020 – Required Design Review Process
Except for projects that are exempt from design review as set forth in Section 17.136.025, no Facility, shall be constructed, established, or altered in exterior appearance, unless plans for the proposal have been approved pursuant to the design review procedure in Chapter 17.136, and when applicable, the Telecommunications regulations in Chapter 17.128, or the Sign regulations in Chapter 17.104.

17.98.030 – Permitted and Conditionally Permitted Activities.

Table 17.98.01 lists the permitted, conditionally permitted, and prohibited activities in the S -16 Zones. The descriptions of these activities are conta ined in Chapter 17.10. Section 17.10.040 contains permitted accessory activities. Any proposed activity also requires approval from the California Department of Transportation (Caltrans).
"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.

S-16 Zone

Table 17.98.01: Permitted and Conditionally Permitted Activities Activities Zones Additional
Regulations S-16-A S-16-B S-16-C
Residential Activities
Permanent — — —
Residential Care — — —
Supportive Housing — — —
Transitional Housing — — —
Emergency Shelter P(L1)(L2) P(L1)(L2) P(L1)(L2)(L3) 17.07.060A Semi-Transient — — —
Bed and Breakfast — — —
Civic Activities
Essential Service P P P
Limited Child-Care Activities — — —
Community Assembly — — —
Recreational Assembly P P —
Community Education — — —
Nonassembly Cultural P(L5) P(L5) —
Administrative — — —
Health Care — — —
Special Health Care — — —
Utility and Vehicular — P(L4) P
Extensive Impact — — —
Commercial Activities
General Food Sales — — —
Full-Service Restaurants — — —
Limited-Service Restaurant and Cafe P(L5) P(L5) — Chapter 9.52 (Special Event
Permits)
Fast-Food Restaurant — — —
Convenience Market — — —
Alcoholic Beverage Sales — — —
Mechanical or Electronic Games — — —
Medical Service — — —
General Retail Sales P(L5) P(L5) — Chapter 9.52
(Special Event
Permits)
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 P(L5) P(L5) — Chapter 9.52
(Special Event
Permits)
Personal Instruction and Improvement
Services
—

—

—
Administrative — — —
S-16 Zone

Activities Zones Additional
Regulations S-16-A S-16-B S-16-C
Business, Communication, and Media
Services
— — —
Broadcasting and Recording Services — — —
Research Service — — —
General Wholesale Sales — — —
Transient Habitation — — —
Building Material Sales — — —
Automobile and Other Light Vehicle
Sales and Rental
— — —
Automobile and Other Light Vehicle
Gas Station and Servicing
— — —
Automobile and Other Light Vehicle
Repair and Cleaning
— — —
Taxi and Light Fleet-Based Services — P(L4) P(L4)
Automotive Fee Parking C(L9) P(L9) P(L9) 17.103.055
Animal Boarding — — —
Animal Care — — —
Undertaking Service — — —
Industrial Activities
Custom Manufacturing — — —
Light Manufacturing — — —
General Manufacturing — — —
Heavy/High Impact — — —
Research and Development — — —
Construction Operations — — —
Warehousing, Storage and
Distribution-Related
— — —
Regional Freight Transportation
Trucking and Truck-Related
A. Freight/Truck Terminal — — —
B. Truck Yard — — P(L6)
C. Truck Weigh Stations — — —
D. Truck and Other Heavy Vehicle
Sales. Rental and Leasing
— — —
E. Truck and Other Heavy Vehicle
Service, Repair and Refueling
— — —
Recycling and Waste Related — — —
Agricultural and Extractive Activities
Limited Agriculture P(L7) P(L7) P(L7)
Extensive Agriculture — — —
Plant Nursery P(L7) P(L7) P(L7)
Mining and Quarrying — — —
Accessory off-street parking serving
prohibited activities
C(L4) C(L4) C(L4)
Activities that are listed as prohibited,
but are permitted or conditionally
— — —

S-16 Zone

Activities Zones Additional
Regulations S-16-A S-16-B S-16-C
permitted on nearby lots in an
adjacent zone
Limitations on Table 17.98.01:

L1. As specified in Section 17.07.060A, Emergency Shelter Residential Activities, as defined in Section 17.10.118 of the Oakland Planning Code, and Emergency Housing and Emergency Housing Facilities, as defined in Section

15.04.3.2400 of the Oakland Building Code, shall be permitted by right with no discretionary approvals, including design review, on all properties owned or leased by the City that are designated by the City Administrator for use as temporary emergency housing sites for the duration of a state of emerg ency or local emergency (def ined in California Government Code § 8558) or a shelter crisis (defined in Government Code §§ 8698.1 et seq.) declared by the City Council. Facilities under this provision must meet the standards codified in Section 15.04.3.2400 of the Oakland Building Code, as may be amended.

L2. Except as may be permitted in Section 17.07.060A, no Emergency Shelter Residential Activity shall be located closer than three hundred (300) feet from any other Emergency Shelter Residential Activity or Facility. See Section

17.103.010 for other regulations regarding these activities.

L3. Emergency Shelters are permitted by-right within the I-880 Freeway Lease Areas (FLAs) in direct proximity to the area surrounding Third Street described in Section 17.103(A)(5) - specifically the FLA areas bounded by Martin Luther King Jr. Way to the east, Fifth Street to the south, Sixth Street to the north and Union Street to the west, subject to the development standards in Section 17.103.015(B); permitted upon the granting of a Conditional Use Permit elsewhere in the zone subject to Limitations L1 and L2 above.

L4. Utility and Vehicular Civic Activities shall be limited to public parking only . All parking sites shall be improved with pavement, curb, gutter, and wheel stops. Fencing and landscaping shall be provided along the perimeter of the applicable lease areas. Any plantings shall be of a type that will survive in the environment under and adjacent to the freeway.

L5. General Retail Sales, Limited -Service Restau rant and Café, Group Assembly Commercial Activities , and Nonassembly Cultural Civic Activities are restricted to temporary “pop -up” establishments approved through a city Special Event permit.

L6. Truck Yards shall be primarily for the purpose of truck p arking and/or electric truck charging and not include other storage or repair activities. The site shall be improved with pavement, curb, and gutter ; and fencing and landscaping shall be provided along the perimeter of the applicable lease areas. All plantings shall be of a type that will survive in the environment under and adjacent to the freeway.

L7. Limited Agriculture and Nurseries shall occupy less than one (1) acre of land.

L8. In addition to the provisions Chapter 17.134 of Conditional Use Permit (CUP) procedure established in Chapter

17.134, activities seeking a CUP in the S-16 Zones shall also meet the following use permit criterion:
a. The proposed activity will not introduce safety or environmental hazards to visitors, pedestrians, employees, or drivers.

L9. Any Auto Fee Parking areas in the S-16-A Zone that are designated as mitigation for the loss of parking due to the Oakland Alameda Access Project shall not be subject to the otherwise required Con ditional Use Permit. For all auto fee parking sites in the S-16 Combining Zones, the parking areas shall be improved with pavement, curb, S-16 Zone

gutter, and wheel stops. Fencing and landscaping shall be provided along the perimeter of the applicable lease areas. Any plantings shall be of a type that will survive in the environment under and adjacent to the freeway.

17.98.040 – Permitted and Conditionally Permitted Facilities.

Table 17.98.02 lists the permitted, conditionally permitted, and prohibited facilities in the S -16 Zones. The descriptions of these facilities are contained in Chapter 17.10. Any proposed facility also requires approval from the California Department of Transportation (Caltrans). "P" designates permitted facilities in the corresponding zone. "C" designates facilities that are permitted only upon the granting of a Conditional Use Permit (CUP) in the corresponding zone (see Chapter 17.134 for the CUP procedure). "L" designates facilities subject to certain limitations listed at the bottom of the Table. "—" designates facilities that are prohibited.

Table 17.98.02 Permitted and Conditionally Permitted Facilities Facilities Zones Additional Regulations
S-16-A S-16-B S-16-C
Residential Facilities
One-Family Dwelling — — —
Two-Family Dwelling — — —
Multifamily Dwelling — — —
Rooming House — — —
Vehicular — — P(L1) 17.07.060A; 17.103.085
Nonresidential Facilities
Enclosed Nonresidential P(L2)(L3)(L4) P(L2)(L3)(L4) P(L2)(L3)(L4) Open Nonresidential P(L2)(L3)(L4) P(L2)(L3)(L4) P(L2)(L3)(L4) Sidewalk café — — —
Drive-In — — —
Drive Through — — —
Telecommunications Facilities
Micro Telecommunications — — —
Mini Telecommunications — — —
Macro Telecommunications — — —
Monopole Telecommunications — — —
Tower Telecommunications — — —
Sign Facilities
Residential Signs — — —
Special Signs P P P 17.104
Development Signs — — —
Realty Signs — — —
Civic Signs P P P 17.104
Business Signs P(L5) P(L5) P(L5) 17.104
Advertising Signs — — —

S-16 Zone

Limitations on Table 17.98.02:

L1. Vehicular Residential Facilities are permitted only when part of an approved Emergency Shelter Activity.

L2. No new construction of permanent buildings is permitted except those built by a public agency for transportation purposes. The construction of subgrade foundations, pilings, grade changes, retaining walls, and concrete structures are not permitted.

L3. Only transportation-related facilities installed by a public agency can be permanently or temporarily affixed to any component of the freeway, including columns, footings, beams and roadbeds.

L4. Nonresidential Facilities are restricted to temporary “pop-up” establishments approved through a city Special Event permit.

L5. Business Signs are restricted to temporary “pop -up” establishments approved through a city Special Event permit.

17.98.050 – Property Development Standards.

Table 17.98.03 below prescribes development standards specific to individual zones. The number designations in the "Additional Regulations" column refer to the regulations listed at the end of the Table. "N/A" designates the regulation is not applicable to the specified zone.

Table 17.98.03: Property Development Standards
Development Standards Zones Additional
Regulations S-16-A S-16-B S-16-C
Minimum Setbacks
Front 0 ft.

10 feet 10 feet 1,2
Interior side 0 ft. 4 ft. 4 ft. 1,2
Street side 0 ft. 4 ft. 4 ft. 1,2
Rear 0 ft. 4 ft. 4 ft. 1,2
Maximum Height 14 ft. 14 ft. 14 ft. 1,3

Additional Regulations for Table 17.98.03:

1. Transportation facilities constructed by a public agency are exempt from maximum height and minimum setback requirements.

2. See Section 17.108.130 for allowed projections into setbacks.

3. See Section 17.108.030 for allowed projections above height limits.

PROPOSED PLANNING CODE AMENDMENTS

RELATED TO ESTABLISHMENT OF THE D-DT ZONES

The Oakland Planning Code (Title 17 of the Oakland Municipal Code) is proposed to be amended as follows. Additions are shown in underline and deletions are shown in strike through. Note that only the relevant code subsections being amended are included and unamended portions are omitted. This does not include proposed new Chapters 17.101K (D-DT Downtown District Zones Regulation) and 17.98 (S-16 Interstate Corridor Commercial Zones Regulations), which are contained in Exhibits A and B.

DOSP Related Code Changes

Chapter 17.09 DEFINITIONS

17.09.040 Definitions.

"Alcoholic beverage license overconcentrated areas" means a police beat not located in the Central District (as defined in this Section) with crime rates that exceed the City median by twenty (20) percent or more or a census tract in which the per capita number of on- sale or off- sale retail Alcoholic Beverage Sales licenses exceeds the Alameda County median. "Car-share, private" means a service provided within a development that provides motor vehicles available only to occupants and only on an hourly basis or in smaller intervals. “Central District” means the area 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.
"Character-defining elements" means those features of design, materials, workmanship, setting, location, and association that identify a property as representative of its period and contribute to its visual distinction or historical significance. "Court" means an area between two walls on the same lot, measured for a specified distance, in a horizontal plane, perpendicularly from either of such walls; located on the same lot as said walls; and open and unobstructed except for the facilities allowed therein by Section

17.108.130.
“Coworking Space” means a facility that contains workspaces that are made available to individuals and businesses for short-term intervals through a membership or rental basis. These spaces include shared business resources such as internet and office equipment and shared social, networking, conferencing and gathering spaces. A coworking space may also include an accessory café or other retail component and other amenities.
"Day" means calendar day.
"Principal street" means:

For any lot that abuts only one street, the street that abuts a lot.

On lots that are outside the D-DT Zones and abut more than one street, the street(s) that abuts the lot that is highest on the street hierarchy as defined in the Land Use and Transportation Element (LUTE) of the General Plan. Where streets have the same street hierarchy, the principal street or streets shall be determined by the Planning Director or his or her designee based on development patterns, street widths, traffic capacity, land uses, transit activity, bicycle and pedestrian uses, and traffic control of intersections.

For lots that are within the D-DT Zones and abut more than one street, see Section 17.101K.080. "Principal street" means on interior lots, the street that abuts a lot. On corner lots and through lots, the principal street is the street that abuts the lot that is highest on the street hierarchy as defined in the Land Use and Transportation Element of the General Plan. Where streets have the same street hierarchy, the principal street shall be determined by the Zoning Manager based on the street widths, traffic capacity, land uses, transit activity, bicycle and pedestrian uses, and control of intersections.
"Principal street façade" means the building façade facing a principal street "Private Access Easement" means a privately owned and maintained right -of-way which provides vehicular access to each of not more than four (4) lots. A private access easement allows

the creation of no more than four (4) lots without street frontage, each with vehicular access on the easement. The area designated for the private access easement shall be excluded in computing minimum lot areas. A private access easement shall be a part of one or more lots. At the discretion of the Director of Public Works, based on considerations described in the City Planning Commission guidelines, the street entrance portion of the private access easement may be located within the public right -of-way. Private access easements shall not be named.

Addresses for the living units served by the easement shall conform to the address range of the street upon which the easement abuts.
"Sales Floor Area" means interior building space devoted to the sale of merchandise, but excludes restrooms, office space, storage space, automobile service areas, or open -air garden sales space. For the purpose of determining the total sales floor area of a single business establishment, the aggregate square footage of all adjacent stores that share common check stands, management, a controlling ownership interest, warehouses, or distribution facilities shall be considered a single business establishment.
“Secondary street” means the street(s) abutting a lot that are not principal streets. There is at least one secondary street on a corner lot.
"Secondary street facade" means the building façade(s) facing a secondary street. "Secondhand merchandise activity" means any commercial activity which consists primarily of retail sale or rental from the premises of secondhand goods, other than secondhand jewelry, art objects, coins, stamps, motor vehicles, aircraft parts, or scrap.

Chapter 17.10 USE CLASSIFICATIONS

17.10.190 Nonassembly Cultural Civic Activities.

Nonassembly Cultural Civic Activities include the maintenance and operation of institutions or installations that are primarily engaged in the display or preservation of objects of interest in the arts or sciences, for public, or private non-profit purposes. Examples of activities in this classification include but are not limited to the following:
• Publicly owned and nonprofit art galleries;
• Plant conservatories;
• Libraries;
• Museums;
• Observatories.

This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

17.10.378 Artisan Production Commercial Activities

Artisan Production Commercial Activities include the creation, exhibition and on- site sale of multi-media art and artisan products. This includes street- oriented displays of artistic products and publicly-accessible studio and sales spaces. These activities do not include manufacture, fabrication or production processes that produce noise, vibration, air pollution, fire hazard, or noxious emissions that could disturb or endanger neighboring properties. This classification does not include the production of alcoholic beverages classified in Section 17.10.550 Custom Manufacturing Industrial Activities. Artisan Production Activities include, but are not limited to:

A. Painting;

B. Drawing;

C. Sculpture;

D. Small-scale jewelry, metalworking, furniture, and woodworking production;

E. Photography, picture framing, printshop, digital print lab;

F. Fashion design, sewing, textiles fabrication;

G. Art gallery galleries (excluding those classifies as a Nonassembly Cultural Civic Activity in Section

17.10.190);

H. Food Production (excluding the production of highly pungent, odor-causing items, such as vinegar and yeast) with five thousand (5,000) square feet or less of floor area.

17.10.380 Group Assembly Commercial Activities.

Group Assembly Commercial Activities include the provision of instructional, amusement, and other services of a similar nature to group assemblages of people. This classification does not include any activity classified in Section 17.10.160 Community Assembly Civic Activities, Section 17.10.170 Recreational Assembly Civic Activities, or Section 17.10.180 Community Education Civic Activities, or Section 17.10.190 Nonassembly Cultural Civic Activities. Examples of activities in this classification include, but are not limited to, the following:
• Yoga, martial arts, driving school, job training, and other instructional classes in facilities with five thousand (5,000) square feet or more of classroom or instructional space; • Drive-in theaters;
• Theaters or venues with five thousand (5,000) square feet or more of performance, lobby space, and audience floor area;
• Cabarets, night clubs, dance halls, pool halls, bowling alleys, and adult entertainment, and pool halls;
• Banquet halls;
• Fitness clubs with five thousand (5,000) square feet or more of floor area.

This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

17.10.420 Research Service Commercial Activities.

Research Service Commercial Activities include research and development of a scientific, medical, pharmaceutical, or small- and medium-scale industrial nature leading to the development of new products and processes. These activities generally occur in an office or laboratory setting.

This classification does not include activities that fall into the Research and Development Industrial Activities classification or laboratories approved for National Institute of Health experiments using Risk Group 4 or Restricted Agents (commonly known as "bio- safety level 4") (see Section 17.10.580 Heavy/High Impact Manufacturing Activities). This classification includes certain activities accessory to the above, as specified in Section 17.10.040.

Research Service Commercial Activities include research of an industrial or scientific nature, other than medical testing and analysis and routine product testing, which is offered as a service or which is conducted by and for a private profit-oriented firm, other than a public utility firm. This classification also includes certain activities accessory to the above, as specified in Section

17.10.040.

17.10.581 Research and Development Industrial Activities.

Research and Development Industrial Activities include large scale industrial research and product prototype development in advance of full -scale manufacturing of final products. These activities take place in an industrial setting. The only manufacturing uses in this classification consist of the creation of prototype processes, products, plans, or designs for the primary purpose of research, development, or evaluation, rather than sale.

This classification excludes laboratories approved for National Institute of Health experiments using Risk Group 4 or Restricted Agents (commonly known as "bio- safety level 4") (see Section

17.10.580 Heavy/High Impact Manufacturing Activities). This classification also includes certain

activities accessory to the above, as specified in Section 17.10.040.

Research and Development Industrial Activities include scientific research for the design, development, engineering, and testing of high technology electronic, industrial, or scientific products in advance of full-scale manufacturing of final products. The only manufacturing uses in this classification consist of the creation of prototype products, plans, or designs for the primary purpose of research, development, or evaluation, rather than sale. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

This classification excludes manufacturing uses, wholesale and storage uses, repair and retail sales, except as an accessory use as specified in Section 17.10.040; this classification also excludes the on-site production of products for sale, and biotechnology laboratories approved for National Institute of Health experiments using Risk Group 4 or Restricted Agents (commonly known as "bio-safety level 4") (Section 17.10.580 Heavy/High Impact Manufacturing Activities).

This classification includes, but is not limited to, biotechnology firms, "clean- tech"/energy, environmental, electronic research firms, or pharmaceutical research laboratories.

Chapter 17.30 R-80 HIGH-RISE APARTMENT RESIDENTIAL ZONE REGULATIONS [13] Sections:

17.30.010 Title, purpose, and applicability.

17.30.040 Required design review process.

17.30.050 Permitted activities.

17.30.060 Conditionally permitted activities.

17.30.070 Permitted facilities.

17.30.080 Conditionally permitted facilities.

17.30.100 Performance standards for Commercial Activities.

17.30.120 Limitations on signs.

17.30.130 Minimum lot area, width, and frontage.

17.30.140 Maximum residential density.

17.30.150 Maximum Floor-Area Ratio.

17.30.160 Maximum height.

17.30.170 Minimum yards and courts.

17.30.180 Minimum usable open space.

17.30.190 Buffering.

17.30.200 Special regulations for Planned Unit Developments and Large-Scale Developments.

17.30.210 Other zoning provisions.

17.30.010 Title, purpose, and applicability.

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

17.30.040 Required design review process.

Except for projects that are exempt from design review as set forth in Section 17.136.025, no Building Facility, Designated Historic Property, Potentially Designated Historic Property, Telecommunications Facility, Sign, or other associated structure shall be constructed, established, or altered in exterior appearance, unless plans for the proposal have been approved pursuant to the design review procedure in Chapter 17.136, and when applicable, the Telecommunications regulations in Chapter 17.128, or the Sign regulations in Chapter 17.104.

17.30.050 Permitted activities.

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

A. Residential Activities:

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

Administrative, but only if the total floor area devoted to these activities by any single establishment does not exceed five thousand (5,000) square feet; conditionally permitted if the activity is larger in floor area (see Chapter 17.134 for the CUP procedure) Essential Service
Limited Child-Care
Community Assembly
Recreational Assembly
Community Education
Nonassembly Cultural
Telecommunications
C. Commercial Activities:

Full Service Restaurant
Limited Service Restaurant and Cafe
Administrative, but only if the total floor area devoted to these activities by any single establishment does not exceed five thousand (5,000) square feet; conditionally permitted if the activity is larger in floor area (see Chapter 17.134 for the CUP procedure) Personal Instruction and Improvement Services

Consumer Service (see Section 17.102.170 for special regulations relating to massage services)
Consultative and Financial Service, but only if the total floor area devoted to these activities by any single establishment does not exceed five thousand (5,000) square feet; conditionally permitted if the activity is larger in floor area (see Chapter 17.134 for the CUP procedure)
D. Agricultural and Extractive Activities:

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

17.134 for the CUP procedure)

17.30.060 Conditionally permitted activities.

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

A. Civic Activities:

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

General Food Sales
Convenience Market
Alcoholic Beverage Sales
Medical Service
C. Agricultural and Extractive Activities:

Extensive Agriculture, with additional use permit criteria that the proposal will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood in terms of noise, water and pesticide runoff, farming equipment operation, hours of operation, odor, security, and vehicular traffic D. Off-street parking serving activities other than those listed above or in Section 17.30.050, subject to the conditions set forth in Section 17.116.075.

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

17.30.070 Permitted facilities.

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

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

A. Residential Facilities:

One-Family Dwelling
Two- to Four-Family Dwelling
Multifamily Dwelling
Rooming House
Vehicular
B. Nonresidential Facilities:

Enclosed
Open
C. Signs:

Residential
Special
Development
Realty
Civic

17.30.080 Conditionally permitted facilities.

The following facilities, as described in the use classifications in Chapter 17.10, may be permitted upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134:

A. Telecommunications Facilities:

Micro Telecommunications
Mini Telecommunications
Macro Telecommunications
Monopole Telecommunications

17.30.100 Performance standards for commercial activities.

All Commercial Activities shall be subject to the applicable provisions of the performance standards in Chapter 17.120.

17.30.120 Limitations on signs.

All Signs shall be subject to the applicable limitations set forth in Section 17.104.010. See also Section 17.30.090.

17.30.130 Minimum lot area, width, and frontage.

Every lot shall have a minimum lot area of four thousand (4,000) square feet and a minimum lot width mean of twenty -five (25) feet, except as a lesser area or width is allowed by Section

17.106.010. Every lot shall have a minimum frontage of twenty-five (25) feet upon a street, except as this requirement is modified by Section 17.106.020.

17.30.140 Maximum residential density.

The maximum density of Residential Facilities shall be as set forth below, subject to the provisions of Section 17.106.030 with respect to maximum density on lots containing both Residential and Nonresidential Facilities. Also applicable are the provisions of Section 17.102.270 with respect to additional kitchens for a primary dwelling unit, and the provisions of Section 17.102.300 with respect to dwelling units with five (5) or more bedrooms. No Residential Facility shall be permitted to have both an additional kitchen as provided for in Section 17.102.270 and a Category One Accessory Dwelling Unit or Junior Accessory Dwelling Unit (JADU) within the existing primary residential structure.

A. Permitted Density.

1. Regular Dwelling Units. One (1) Regular Dwelling Unit is permitted for each three hundred (300) square feet of lot area, provided that one (1) extra such unit is permitted if a remainder of two hundred (200) square feet or more is obtained after division of the lot area by three hundred (300) square feet. See Section 17.103.080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units.

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

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

4. Combination of different types of living units. For a combination of different types of living units, the total required lot area shall be the sum of the above requirements

for each. The number of living units permitted heretofore may be exceeded by ten percent (10%) on any corner lot, and may also be exceeded by ten percent (10%) on any lot which faces or abuts a public park at least as wide as the lot.

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

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

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

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

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

17.30.150 Maximum Floor-Area Ratio.

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

A. Permitted Floor-Area Ratio (FAR). The maximum permitted Floor -Area Ratio is 3.50, except that this ratio may be exceeded by ten percent (10%) on any corner lot and may also be exceeded by ten percent (10%) on any lot which faces or abuts a public park at least as wide as the lot.

B. Conditionally Permitted Floor -Area Ratio (FAR). The Floor -Area Ratio permitted by Subsection A. of this Section may be increased by not to exceed fifty percent (50%) upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134, in each of the following situations:

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

2. For any facility, upon the acquisition of development rights from nearby lots, subject to the provisions of Section 17.106.050.

17.30.160 Maximum height.

Except as provided in Chapter 17.128, no general maximum height is prescribed, except that the height of facilities shall be limited, as prescribed in Section 17.108.010, on lots lying along a boundary of any of certain other zones. But see Section 17.30.120 for maximum height of Signs, Section 17.108.130 for maximum height of facilities within

minimum yards and courts, and Section 17.108.020 for increased height limits in certain situations.

17.30.170 Minimum yards and courts.

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

17.103.085:

A. Front Yard. The minimum front yard depth on every lot shall be ten (10) feet.

B. Side Yard—Interior Lot Line. No side yard is generally required along an interior side lot line except as follows:

1. A side yard shall be provided, when and as prescribed in Section 17.108.080, opposite a living room window which faces an interior side lot line and which is located on a lot containing Residential Facilities with a total of two (2) or more living units.

C. Rear Yard. The minimum rear yard depth on every lot shall be ten (10) feet.

D. Courts. On each lot containing Residential Facilities with a total of two (2) or more living units, courts shall be provided when and as required by Section 17.108.120.

17.30.180 Minimum usable open space.

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

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

17.126.

17.30.190 Buffering.

All uses shall be subject to the applicable requirements of the buffering regulations in Chapter

17.110 with respect to screening or location of parking, loading, and storage areas; control of artificial illumination; and other matters specified therein.

17.30.200 Special regulations for Planned Unit Developments and Large-Scale Developments.

A. Planned Unit Developments. Large integrated developments shall be subject to the Planned Unit Development (PUD) regulations in Chapter 17.142 if they exceed the sizes specified therein. In developments which are approved pursuant to said regulations, certain uses may be permitted in addition to those otherwise allowed in the R -80 Zone, and certain of the other regulations applying in said zone may be waived or modified. The normally required design review process may also be waived for developments at the time of initial granting of a Planned Unit Development (PUD) permit. Unless otherwise specified in the PUD permit, any future changes within the Planned Unit Development shall be subject to applicable design review regulations.

B. Large-Scale Developments. No development which involves more than one hundred

thousand (100,000) square feet of new floor area, or a new building or portion thereof of more than one hundred twenty (120) feet in height, shall be permitted except upon the granting of a Conditional Use Permit pursuant to the Conditional Use Permit procedure in Chapter

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

17.30.210 Other zoning provisions.

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

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

C. Home Occupations. Home occupations shall be subject to the applicable provisions of the home occupation regulations in Chapter 17.112.

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

E. General Provisions. The general exceptions and other regulations set forth in Chapter 17.102 shall apply in the R-80 Zone.

F. Recycling Space Allocation Requirements. The regulations set forth in Chapter 17.118 shall apply in R-80 Zone.

Chapter 17.54 C-40 COMMUNITY THOROUGHFARE COMMERCIAL ZONE REGULATIONS

Sections:

17.54.010 Title, purpose, and applicability.

17.54.040 Required design review process.

17.54.050 Permitted activities.

17.54.060 Conditionally permitted activities.

17.54.070 Permitted facilities.

17.54.080 Conditionally permitted facilities.

17.54.090 Special regulations applying to certain activities.

17.54.095 Reserved.

17.54.100 Special regulations applying to the conversion of a dwelling unit to a Nonresidential Activity.

17.54.110 Limitations on Signs.

17.54.120 Minimum lot area, width, and frontage.

17.54.130 Maximum residential density.

17.54.140 Maximum nonresidential Floor-Area Ratio.

17.54.150 Maximum height.

17.54.160 Minimum yards and courts.

17.54.170 Minimum usable open space.

17.54.180 Buffering and landscaping.

17.54.190 Special regulations for Planned Unit Developments.

17.54.200 Other zoning provisions.

17.54.010 Title, purpose, and applicability.

The provisions of this Chapter shall be known as the C -40 Community Thoroughfare Commercial Zone Regulations. The Community Thoroughfare Commercial (C -40) Zone is intended to create, preserve, and enhance areas with a wide range of both retail and wholesale establishments serving both short and long term needs in convenient locations, and is typically appropriate along major thoroughfares. These regulations shall apply in the C-40 Zone.

17.54.040 Required design review process.

Except for projects that are exempt from design review as set forth in Section 17.136.025, no Building Facility, Designated Historic Property, Potentially Designated Historic Property, Telecommunications Facility, Sign, or other associated structure shall be constructed, established, or altered in exterior appearance, unless plans for the proposal have been approved pursuant to the design review procedure in Chapter 17.136, and when applicable, the Telecommunications regulations in Chapter 17.128, or the Sign regulations in Chapter 17.104.

17.54.050 Permitted activities.

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

A. Residential Activities:

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

Essential Service
Limited Child-Care
Community Assembly
Recreational Assembly
Community Education
Nonassembly Cultural
Administrative
Health Care

Utility and Vehicular, but excluding communications equipment installations and exchanges
C. Commercial Activities:

General Food Sales
Full Service Restaurant
Limited Service Restaurant and Café
Medical Service
General Retail Sales
Consumer Service
Consultative and Financial Service
Consumer Cleaning and Repair Service
Consumer Dry Cleaning Plant
Mechanical or Electronic Games
Group Assembly - but only if the total floor area devoted to these activities on any single lot does not exceed seven thousand five hundred (7,500) square feet; conditionally permitted if the activity is larger in floor area (see Chapter 17.134 for the CUP procedure).

No new or expanded Adult Entertainment Activity shall be located closer than one thousand (1,000) feet to t he boundary of any Residential Zone or three hundred (300) feet from any other Adult Entertainment Activity. See Section 17.102.160 for further regulations regarding Adult Entertainment Activities
Personal Instruction and Improvement Services
Administrative
Business, Communication, and Media Service
Broadcasting and Recording Service
Research Service
General Wholesale Sales
Building Material Sales
Automobile and Other Light Vehicle Sales and Rental
Automobile and Other Light Vehicle Gas Station and Servicing - but only if located on the same site with, and operated as accessory to, an approved Automobile and Other Vehicle Sales and Rental Commercial Activity; conditionally permitted if located elsewhere in the zone (see Chapter 17.134 for the CUP procedure).

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

Automotive Fee Parking
D. Industrial Activities :

Custom Manufacturing
E. Agricultural and Extractive Activities:

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

17.54.060 Conditionally permitted activities.

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

A. Civic Activities:

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

Check Cashier and Check Cashing
Fast-Food Restaurant
Convenience Market
Alcoholic Beverage Sales
Transient Habitation (see Section 17.103.050)
Animal Care
Animal Boarding

Undertaking Service
C. Industrial Activities:

Light Manufacturing
D. Agricultural and Extractive Activities:

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

17.54.070 Permitted facilities.

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

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

A. Residential Facilities:

One-Family Dwelling
Two- to Four-Family Dwelling
Multifamily Dwelling
Rooming House
Vehicular
B. Nonresidential Facilities:

Enclosed
Open
Drive-In
Sidewalk Cafes, subject to the provisions of Section 17.103.090 C. Signs:

Residential
Special
Development
Realty

Civic
Business
D. Telecommunications Facilities:

Micro Telecommunications, except when a Major Conditional Use Permit is required by Section 17.128.025
Mini Telecommunications, except when a Major Conditional Use Permit is required by Section 17.128.025

17.54.080 Conditionally permitted facilities.

The following facilities, as described in the use classifications in Chapter 17.10, may be permitted upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134:

A. Nonresidential Facilities:

Drive-Through
B. Off-Street Parking Facilities serving 50 or more vehicles.

C. Telecommunications Facilities:

Macro Telecommunications
Monopole Telecommunications

17.54.090 Special regulations applying to certain activities.

A. Fast-Food Restaurants, Convenience Markets, and Certain Establishments Selling Alcoholic Beverages. See Section 17.103.030
B. Automobile and Other Light Vehicle Gas Station and Servicing.

1. Automobile and Other Light Vehicle Gas Station and Servicing Commercial Activities shall not involve open storage of goods or materials. All repair and lubrication performed by such activities shall take place in an enclosed building.

2. See Section 17.54.180B for special landscaping requirements.

3. See Section 17.54.110 for limitations on Signs.

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

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

1. The proposal will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood in terms of noise, water and pesticide

runoff, farming equipment operation, hours of operation, odor, security, and vehicular traffic.

17.54.095 Reserved.

17.54.100 Special regulations applying to the conversion of a dwelling unit to a Nonresidential Activity.

See Section 17.102.230.

17.54.110 Limitations on Signs.

A. General Limitations. All Signs shall be subject to the applicable limitations set forth in Section

17.104.020.

17.54.120 Minimum lot area, width, and frontage.

Every lot containing a Residential Facility shall have a minimum lot area of four thousand (4,000) square feet and a minimum lot width mean of twenty-five (25) feet, except as a lesser area or width is allowed by Section 17.106.010. No minimum lot area or lot width is prescribed for any lot which does not contain a Residential Facility. Every lot shall have a minimum frontage of twenty-five (25) feet upon a street, except as this requirement is modified by Section 17.106.020.

17.54.130 Maximum residential density.

The maximum density of Residential Facilities shall be as se t forth below, subject to the provisions of Section 17.106.030 with respect to maximum density on lots containing both Residential and Nonresidential Facilities. Also applicable are the provisions of Section 17.102.270 with respect to additional kitchens f or a primary dwelling unit, and the provisions of Section

17.102.300 with respect to dwelling units with five (5) or more bedrooms. No Residential Facility shall be permitted to have both an additional kitchen as provided for in Section 17.102.270 and a Category One Accessory Dwelling Unit or Junior Accessory Dwelling Unit (JADU) within the existing primary residential structure.

A. Permitted Density.

1. Regular Dwelling Units. One (1) Regular Dwelling Unit is permitted for each four hundred fifty (450) square feet of lot area, provided that one extra such unit is permitted if a remainder of three hundred (300) square feet or more is obtained after division of the lot area by four hundred fifty (450) square feet. See Section 17.103.080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units.

2. Efficiency Dwelling Units. One (1) Efficiency Dwelling Unit is permitted for each two hundred twenty -five (225) square feet of lot area, plus one extra such unit if a remainder of one hundred fifty (150) square feet or more is obtained after division of the lot area by two hundred twenty-five (225) square feet.

3. Rooming Units. One (1) Rooming Unit is permitted for each two hundred twenty-five (225) square feet of lot area, plus one extra such unit if a remainder of one hundred fifty (150) square feet or more is obtained after division of the lot area by two hundred twenty-five (225) square feet.

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

5. One-Family Dwellings and Two- to Four-Family Dwellings. A One-Family Dwelling or Two- to Four-Family Dwelling is permitted on any lot which qualifies under Section

17.106.010 as an existing buildable parcel and that contains no other dwelling units.

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

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

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

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

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

17.54.140 Maximum nonresidential Floor-Area Ratio.

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

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

B. Conditionally Permitted Floor-Area Ratio. The Floor-Area Ratio permitted by Subsection A. of this Section may be increased by not to exceed fifty percent (50%) upon the acquisition of development rights from nearby lots and the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134, subject to the provisions of Section 17.106.050.

C. Floor-Area Ratio for BART Owned Parcels Subject to Assembly Bill (AB) 2923 (2018).

The maximum permitted Floor-Area Ratio is 7.2 for all activities.

17.54.150 Maximum height.

Except as provided in Chapter 17.128, no general maximum height is prescribed, except that the height of facilities shall be limited, as prescribed in Section 17.108.010, on lots lying along a boundary of any of certain other zones. But see Section 17.54.110 for maximum height of Signs, and Section 17.108.130 for maximum height of facilities within minimum yards and courts, and Section 17.108.020 for increased height limits in certain situations.

17.54.160 Minimum yards and courts.

No yards or courts are generally required except as indicated below. The following minimum yards and courts shall be provided unobstructed except for the accessory structures or the other facilities allowed therein by Sections 17.108.130 and 17.103.085:

A. Front Yard. A front yard shall be provided, as prescribed in Section 17.108.040, in certain situations where part of the frontage on the same side of a block is in a Residential Zone.

B. Side Yard—Street Side of Corner Lot. A side yard shall be provided, as prescribed in Section 17.108.070, on the street side of a corner lot in certain situations where a lot to the rear of the corner lot is in a Residential Zone.

C. Side Yard—Interior Lot Line.

1. A side yard shall be provided along an interior side lot line, when and as prescribed in Section 17.108.080, for Residential Facilities.

2. A side yard shall be provided, as prescribed in Section 17.108.090, along an interior side lot line lying along a boundary of any of certain other zones.

D. Rear Yard.

1. A rear yard with a minimum depth of ten (10) feet shall be provided for all Residential Facilities, except as a lesser depth is allowed by Section 17.108.110.

2. A rear yard shall be provided, as prescribed in Section 17.108.100, along a boundary of any of certain other zones.

E. Courts. On each lot containing a Residential Facility, courts shall be provided when and as required by Section 17.108.120.

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

17.54.170 Minimum usable open space.

On each lot containing Residential Facilities with a total of two or more dwelling units, excluding any permitted Accessory Dwelling Units, group usable open space shall be provided for such facilities in the minimum amount of seventy -five (75) square feet per Regular Dwelling Unit plus thirty-eight (38) square feet per Rooming Unit or Efficiency Dwelling Unit. Private usable open space may be substituted for such group space in the ratio prescribed in Section 17.126.020, except that actual group space shall be provided in the minimum amount of twenty (20) square feet per Regular Dwelling Unit plus ten (10) square feet per Rooming Unit or Efficiency Dwelling Unit. All required space shall conform to the standards for required usable open space in Chapter

17.126.

17.54.180 Buffering and landscaping.

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

B. Landscaping for Automobile and Other Light Vehicle Gas Station and Servicing Commercial Activities. One and one-half percent (1.5%) of the lot area devoted to Automobile and Other Light Vehicle Gas Station and Servicing Commercial Activities shall be developed with lawn, ground cover, garden, or shrubs, and one street tree shall be provided for each one hundred (100) feet of street line abutting the lot, subject to the standards for required landscaping and screening in Chapter 17.124.

17.54.190 Special regulations for Planned Unit Developments.

A. Planned Unit Developments. Large integrated developments shall be subject to the Planned Unit Development (PUD) regulations in Chapter 17.142 if they exceed the sizes specified therein. In developments which are approved pursuant to said regulations, certain uses may be permitted in addition to those otherwise allowed in the C-40 Zone, and certain of the other regulations applying in said zo ne may be waived or modified. The normally

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

17.54.200 Other zoning provisions.

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

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

C. Home Occupations. Home occupations shall be subject to the applicable provisions of the home occupation regulations in Chapter 17.112.

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

E. General Provisions. The general exceptions and other regulations set forth in Chapter 17.102 shall apply in the C-40 Zone.

F. Recycling Space Allocation Requirements. The regulations set forth in Chapter 17.118 shall apply in C-40 Zone.

Chapter 17.56 C-45 COMMUNITY SHOPPING COMMERCIAL ZONE REGULATIONS Sections:

17.56.010 Title, purpose, and applicability.

17.56.040 Required design review process.

17.56.050 Permitted activities.

17.56.060 Conditionally permitted activities.

17.56.070 Permitted facilities.

17.56.080 Conditionally permitted facilities.

17.56.090 Restriction on accessory parking and loading within 75 feet of front lot line.

17.56.095 Special regulations regarding extensive agriculture.

17.56.100 Special regulations applying to Fast-Food Restaurants, Convenience Markets, and certain establishments selling alcoholic beverages.

17.56.105 Reserved.

17.56.110 Special regulations applying to the conversion of a dwelling unit to a Nonresidential Activity.

17.56.120 Limitations on Signs.

17.56.130 Minimum lot area, width, and frontage.

17.56.140 Maximum residential density.

17.56.150 Maximum Floor-Area Ratio.

17.56.160 Maximum height.

17.56.170 Minimum yards and courts.

17.56.180 Minimum usable open space.

17.56.190 Buffering.

17.56.200 Special regulations for Planned Unit Developments.

17.56.210 Other zoning provisions.

17.56.010 Title, purpose, and applicability.

The provisions of this Chapter shall be known as the C-45 Community Shopping Commercial Zone Regulations. The Community Shopping Commercial (C -45) Zone is intended to create, preserve, and enhance areas with a wide range of both retail and wholesale establishments serving both long and short term needs in compact locations oriented toward pedestrian comparison shopping, and is typically appropriate to commercial clusters near intersections of major thoroughfares. These regulations shall apply in the C-45 Zone.

17.56.040 Required design review process.

Except for projects that are exempt from design review as set forth in Section 17.136.025, no Building Facility, Designated Historic Property, Potentially Designated Historic Property, Telecommunications Facility, Sign, or other associated structure shall be constructed, established, or altered in exterior appearance, unless plans for the proposal have been approved pursuant to the design review procedure in Chapter 17.136, and when applicable, the Telecommunications regulations in Chapter 17.128, or the Sign regulations in Chapter 17.104.

17.56.050 Permitted activities.

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

A. Residential Activities:

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

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

General Food Sales
Full Service Restaurant
Limited Service Restaurant and Cafe
Medical Service
General Retail Sales Consumer Service
Consultative and Financial Service
Consumer Cleaning and Repair Service
Consumer Dry Cleaning Plant
Mechanical or Electronic Games
Group Assembly - but only if the total floor area devoted to these activities on any single lot does not exceed seven thousand five hundred (7,500) square feet; conditionally permitted if the activity is larger in floor area (see Chapter 17.134 for the CUP procedure).

No new or expanded Adult Entertainment Activity shall be located closer than one thousand (1,000) feet to the boundary of any Residential Zone or three hundred (300) feet from any other Adult Entertainment Activity. See Section 17.102.160 for further regulations regarding Adult Entertainment Activities
Personal Instruction and Improvement Services
Administrative
Business, Communication, and Media Service
Broadcasting and Recording Service
Research Service
D. Industrial Activities:

Custom Manufacturing
E. Agricultural and Extractive Activities:

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

17.56.060 Conditionally permitted activities.

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

A. Civic Activities:

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

Check Cashier and Check Cashing
Fast-Food Restaurant
Convenience Market
Alcoholic Beverage Sales
General Wholesale Sales
Transient Habitation (see Section 17.103.050)
Automobile and Other Light Vehicle Sales and Rental
Automobile and Other Light Vehicle Gas Station and Servicing Automotive and Other Light Vehicle Repair and Cleaning
Automotive Fee Parking
Animal Care
Animal Boarding
Undertaking Service
C. Industrial Activities:

Light Manufacturing
D. Agricultural and Extractive Activities:

Plant Nursery
Extensive Agriculture (see Section 17.56.095)
E. Off-street parking serving activities other than those listed above or in Section 17.56.050, subject to the conditions set forth in Section 17.116.075.

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

17.56.070 Permitted facilities.

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

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

A. Residential Facilities:

One-Family Dwelling
Two- to Four-Family Dwelling
Multifamily Dwelling
Rooming House
Vehicular
B. Nonresidential Facilities:

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

Residential
Special
Development
Realty
Civic
Business
D. Telecommunications Facilities:

Micro Telecommunications, except when a Major Conditional Use Permit is required by Section 17.128.025
Mini Telecommunications, except when a Major Conditional Use Permit is required by Section 17.128.025

17.56.080 Conditionally permitted facilities.

The following facilities, as described in the use classifications in Chapter 17.10, may be permitted upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134:

A. Nonresidential Facilities:

Open, accommodating activities other than Civic Activities, Limited Agriculture, seasonal sales, or special events
Drive-in
Drive-Through
B. Telecommunications Facilities:

Macro Telecommunications
Monopole Telecommunications

17.56.090 Restriction on accessory parking and loading within 75 feet of front lot line.

Accessory off-street parking and loading activities, areas, and driveways shall not be located within seventy-five (75) feet from the front lot line of the lot on which they are located, except upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134.

17.56.095 Special regulations regarding extensive agriculture.

Extensive Agriculture is only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure). In addition to the CUP criteria contained in 17.134.050, this activity must meet the following use permit criteria:

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

17.56.100 Special regulations applying to Fast-Food Restaurants, Convenience Markets, and certain establishments selling alcoholic beverages.

See Section 17.103.030.

17.56.105 Reserved.

Editor's note—

17.56.110 Special regulations applying to the conversion of a dwelling unit to a Nonresidential Activity.

See Section 17.102.230.

17.56.120 Limitations on Signs.

A. General Limitations. All Signs shall be subject to the applicable limitations set forth in Section

17.104.020.

17.56.130 Minimum lot area, width, and frontage.

Every lot containing a Residential Facility shall have a minimum lot area of four thousand (4,000) square feet and a minimum lot width mean of twenty-five (25) feet, except as a lesser area or width is allowed by Section 17.106.010. No minimum lot area or lot width mean is prescribed for any lot which does not contain a Residential Facility. Every lot shall have a minimum frontage of twenty-five (25) feet upon a street, except as this requirement is modified by Section 17.106.020.

17.56.140 Maximum residential density.

The maximum density of Residential Facilities shall be as set forth below, subject to the provisions of Section 17.106.030 with respect to maximum density on lots containing both Residential and Nonresidential Facilities. Also applicable are the provisions of Section 17.102.270 with respect to additional kitchens for a dwelling unit, and the provisions of Section 17.102.300 with respect to dwelling units with five (5) or more bedrooms. No Residential Facility shall be permitted to have both an additional kitchen as provided for in Section 17.102.270.B and a Secondary Unit.

A. Permitted Density.

1. Regular Dwelling Units. One (1) Regular Dwelling Unit is permitted for each three hundred (300) square feet of lot area, provided that one extra such unit is permitted if a remainder of two hundred (200) square feet or more is obtained after division of the lot area by three hundred (300) square feet. See Section 17.103.080 and Chapter

17.88 for regulations regarding permitted Accessory Dwelling Units.

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

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

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

5. One-Family Dwellings and Two- to Four-Family Dwellings. A One-Family Dwelling or Two- to Four-Family Dwelling is permitted on any lot which qualifies under Section

17.106.010 as an existing buildable parcel and that contains no other dwelling units.

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

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

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

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

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

17.56.150 Maximum Floor-Area Ratio.

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

A. Permitted Floor-Area Ratio. The maximum permitted Floor -Area Ratio is 7.00, except that this ratio may be exceeded:

1. By ten percent (10%) on any corner lot; and

2. By ten percent (10%) on any lot which faces or abuts a public park at least as wide as the lot; and

3. In the case of a Nonresidential Facility, by not to exceed fifteen percent (15%) if one (1) square foot of plaza, conforming to the provisions of Section 17.126.050, is provided for each seven (7) square feet of additional floor area.

B. Conditionally Permitted Floor-Area Ratio. The Floor-Area Ratio permitted by Subsection A. of this Section may be increased by not to exceed fifty percent (50%) upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter

17.134, in each of the following situations:

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

2. For any facility, upon the acquisition of development rights from nearby lots, subject to the provisions of Section 17.106.050.

17.56.160 Maximum height.

Except as provided in Chapter 17.128, no general maximum height is prescribed, except that

the height of facilities shall be limited, as prescribed in Section 17.108.010, on lots lying along a boundary of any of certain other zones. But see Section 17.56.120 for maximum height of Signs, Section 17.108.130 for maximum height of facilities within minimum yards and courts, and Section

17.108.020 for increased height limits in certain situations.

17.56.170 Minimum yards and courts.

No yards or courts are generally required except as indicated below. The following minimum yards and courts shall be provided unobstructed except for the accessory structures or the other facilities allowed therein by Sections 17.108.130 and 17.103.085:

A. Front Yard. A front yard shall be provided, as prescribed in Section 17.108.040, in certain situations where part of the frontage on the same side of a block is in a Residential Zone.

B. S ide Yard—Street Side of Corner Lot. A side yard shall be provided, as prescribed in Section 17.108.070, on the street side of a corner lot in certain situations where a lot to the rear of the corner lot is in a Residential Zone.

C. Side Yard—Interior Lot Line.

1. A side yard shall be provided along an interior side lot line, when and as prescribed in Section 17.108.080, for Residential Facilities.

2. A side yard shall be provided, as prescribed in Section 17.108.090, along an interior side lot line lying along a boundary of any of certain other zones.

D. Rear Yard.

1. A rear yard with a minimum depth of ten (10) feet shall be provided for all Residential Facilities, except as a lesser depth is allowed by Section 17.108.110.

2. A rear yard shall be provided, as prescribed in Section 17.108.100, along a boundary of any of certain other zones.

E. Courts. On each lot containing a Residential Facility, courts shall be provided when and as required by Section 17.108.120.

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

17.56.180 Minimum usable open space.

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

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

17.126.

17.56.190 Buffering.

All uses shall be subject to the applicable requirements of the buffering regulations in Chapter

17.110 with respect to screening or location of parking, loading, and storage areas; control of artificial illumination; and other matters specified therein. See also Section 17.56.090.

17.56.200 Special regulations for Planned Unit Developments.

A. Planned Unit Developments. Large integrated developments shall be subject to the Planned Unit Development (PUD) regulations in Chapter 17.142 if they exceed the sizes specified therein. In developments which are approved pursuant to said regulations, certain uses may be permitted in addition to those otherwise allowed in the C-45 Zone, and certain of the other regulations applying in said zone may be waived or modified. The normally required design review process may also be waived for developments at the time of initial granting of a Planned Unit Development (PUD) permit. Unless otherwise specified in the PUD permit, any future changes within the Planned Unit Development shall be subject to applicable design review regulations.

17.56.210 Other zoning provisions.

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

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

C. Home Occupations. Home occupations shall be subject to the applicable provisions of the home occupation regulations in Chapter 17.112.

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

E. General Provisions. The general exceptions and other regulations set forth in Chapter 17.102 shall apply in the C-45 Zone.

F. Recycling Space Allocation Requirements. The regulations set forth in Chapter 17.118 shall apply in C-45 Zone.

Chapter 17.58 CBD CENTRAL BUSINESS DISTRICT ZONES REGULATIONS [25] Sections:

17.58.010 Title, purpose, and applicability.

17.58.020 Required design review process.

17.58.030 Special Regulations for Large-Scale Developments.

17.58.040 Permitted and conditionally permitted activities.

17.58.050 Permitted and conditionally permitted facilities.

17.58.060 Property development standards.

17.58.070 Usable open space standards.

17.58.080 Other zoning provisions.

17.58.010 Title, purpose, and applicability.

A. Intent. The provisions of this Chapter shall be known as the CBD Central Business District Zones Regulations. The intent of the Central Business District (CBD) Zones is to:

1. Encourage, support, and enhance the Central Business District as a high density, mixed use urban center of regional importance and a primary hub for business, communications, office, government, urban residential activities, technology, retail, entertainment, and transportation.

2. Encourage, support, and enhance a mix of large-scale offices, commercial, urban high- rise residential, institutional, open space, cultural, educational, arts, entertainment, services, community facilities, and visitor uses.

3. Enhance the skyline and encourage well -designed, visually interesting, and varied buildings.

4. Encourage and enhance a pedestrian-oriented streetscape.

5. Encourage vital retail nodes that provide services, restaurants, and shopping opportunities for employees, residents, and visitors.

6. Preserve and enhance distinct neighborhoods in the Central Business District.

B. Description of zones. This Chapter establishes land use regulations for the following four (4) zones:

1. CBD-R Central Business District Residential Zone. The intent of the CBD-R Zone is to create, maintain, and enhance areas of the Central Business District appropriate for residential development with small-scaled compatible ground-level commercial uses.

2. CBD-P Central Business District Pedestrian Retail Commercial Zone. The intent of the CBD -P Zone is to create, maintain, and enhance areas of the Central Business District for ground-level, pedestrian-oriented, active storefront uses. Upper story spaces are intended to be available for a wide range of office and residential activities.

3. CBD-C Central Business District General Commercial Zone. The intent of the CBD- C Zone is to create, maintain, and enhance areas of the Central Business District appropriate for a wide range of ground -floor office and other commercial activities.

Upper-story spaces are intended to be available for a wide range of residential and office or other commercial activities.

4. CBD-X Central Business District Mixed Commercial Zone. The intent of the CBD -X Zone is to designate areas of the Central Business District appropriate for a wide range of upper-story and ground-level residential, commercial, and compatible light industrial activity.

17.58.020 Required design review process.

Except for projects that are exempt from design review as set forth in Section 17.136.025, no Building Facility, Designated Historic Property, Potentially Designated Historic Property, Telecommunications Facility, Sign, or other associated structure shall be constructed, established, or altered in exterior appearance, unless plans for the proposal have been approved pursuant to the design review procedure in Chapter 17.136, and when applicable, the Telecommunications regulations in Chapter 17.128, or the Sign regulations in Chapter 17.104.

17.58.030 Special Regulations for Large-Scale Developments.

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

17.58.040 Permitted and conditionally permitted activities.

Table 17.58.01 lists the permitted, conditionally permitted, and prohibited activities in the CBD Zones. The descriptions of these activities are contained in Chapter 17.10. "P" designates permitted activities in the corresponding zone. "C" designates activities that are permitted only upon the granting of a conditional use permit (see Chapter 17.134 for the CUP procedure) in the corresponding zone. "L" designates activities subject to certain limitations or notes listed at the bottom of the Table.
"—" designates activities that are prohibited except as accessory activities according to the regulations contained in Section 17.010.040.

Table 17.58.01: Permitted and Conditionally Permitted Activities Activities CBD-R CBD-P CBD-C CBD-X Additional
Regulations
Residential Activities
Permanent P P(L1) P(L1) P
Residential Care P(L2) P(L1)(L2) P(L1)(L2) P(L2) 17.103.010 Supportive Housing P P(L1) P(L1) P
Transitional Housing P P(L1) P(L1) P
Emergency Shelter P(L2) P(L2) P(L2) P(L2) 17.103.010

17.103.015
Semi-Transient P P(L1) P(L1) P
Bed and Breakfast P P P P 17.10.125
Civic Activities
Essential Service P(L17) P(L17) P(L17) P(L17)
Limited Child-Care Activities P P P P
Community Assembly C C(L6) C C
Recreational Assembly P(L3)(L4) P(L4) P P
Community Education P(L3)(L4) P(L5) P P
Nonassembly Cultural P(L3)(L4) P(L4) P P
Administrative P(L4)(L7) P(L5) P P
Health Care P(L3)(L4) P(L4)(L5) P P
Special Health Care — C(L6)(L8) C(L8) C(L8) 17.103.020
Utility and Vehicular C C C C
Extensive Impact C C C C
Commercial Activities
General Food Sales P(L4)(L7) P(L4) P P
Full Service Restaurants P(L4)(L7) P P P
Limited Service Restaurant and Cafe P(L4)(L7) P P P
Fast-Food Restaurant — C C C 17.103.030
and 8.09
Convenience Market C(L7) C C C 17.103.030

Activities CBD-R CBD-P CBD-C CBD-X Additional
Regulations
Alcoholic Beverage Sales C(L7) C C C 17.103.030
and

17.114.030
Mechanical or Electronic Games — P P P
Medical Service P(L4)(L7) P(L18) P P
General Retail Sales P(L4)(L7) P P P
Large-Scale Combined Retail and
Grocery Sales
— — — —
Consumer Service P(L4)(L7)(L9) P(L9) P(L9) P(L9)
Consultative and Financial Service P(L4)(L7) P(L5) P P
Check Cashier and Check Cashing — C(L10) C(L10) C(L10) 17.103.040 Consumer Cleaning and Repair Service P(L4)(L7) P(L5) P P Consumer Dry Cleaning Plant — C C C
Artisan Production — P P P
Group Assembly C(L7)(L11) P(L4)(L11) P(L11) P(L11)
Personal Instruction and Improvement
Services
P(L7) P P P
Administrative P(L4)(L7) P(L5) P P
Business, Communication, and Media
Services
P(L4)(L7) P(L5) P P
Broadcasting and Recording Services
Commercial Activities
— P(L5) P P(L4)
Research Service P(L4)(L7) P(L5) P P
General Wholesale Sales — — — C
Transient Habitation C C C C 17.103.050
Building Material Sales — — — —
Automobile and Other Light Vehicle
Sales and Rental
— — C C
Automobile and Other Light Vehicle
Gas Station and Servicing
— — C(L13) C(L13)
Automobile and Other Light Vehicle
Repair and Cleaning
— — — —
Taxi and Light Fleet-Based Services — — C(L13) C(L13)
Automotive Fee Parking C(L14) C(L14) C(L14) C(L14) 17.103.055

Activities CBD-R CBD-P CBD-C CBD-X Additional
Regulations
Animal Boarding — — — —
Animal Care — C(L6) C C
Undertaking Service — — C C
Industrial Activities
Custom Manufacturing C(L13) C(L13) C(L13) C(L13)
Light Manufacturing — C(L13) C(L13) C(L13)
General Manufacturing — — — —
Heavy/High Impact — — — —
Research and Development — P(L5)(L13) P(L5)(L13) P(L5)(L13) Construction Operations — — — —
Warehousing, Storage, and Distribution-Related
A. General Warehousing, Storage and
Distribution
— — — C(L13)
B. General Outdoor Storage — — — —
C. Self- or Mini-Storage — — — —
D. Container Storage — — — —
E. Salvage/Junk Yards — — — —
Regional Freight Transportation — — — —
Trucking and Truck-Related — — — —
Recycling and Waste-Related
A. Satellite Recycling Collection
Centers
— — C C
B. Primary Recycling Collection
Centers
— — — —
Hazardous Materials Production,
Storage, and Waste Management-
Related
— — — —
Agricultural and Extractive Activities
Limited Agriculture P(L15) P(L15) P(L15) P(L15)
Extensive Agriculture C(L16) C(L16) C(L16) C(L16)
Plant Nursery — — — —
Mining and Quarrying — — — —

Activities CBD-R CBD-P CBD-C CBD-X Additional
Regulations
Accessory off-street parking serving
prohibited activities
C C C C 17.116.075
Activities that are listed as prohibited,
but are permitted or conditionally
permitted on nearby lots in an adjacent
zone
C C C C 17.102.110

Limitations on Table 58.01:

L1. These activities may not be located within thirt y (30) feet of the front lot line on the ground floor of the principal building with the exception of incidental pedestrian entrances that lead to one of these activities elsewhere in the building.

L2. See Section 17.103.010 for other regulations regarding Residential Care Residential Activities, and Sections 17.103.010 and 17.103.015 for other regulations regarding Emergency Shelter Residential Activities. Notwithstanding anything to the contrary contained in the Planning Code, Emergency Shelter Residential Activities are permitted by -right on properties owned by churches, temples, synagogues, and other similar places of worship approved for Community Assembly Civic Activities; permitted upon the granting of a Conditional Use Permit elsewhere in the zone subject to the standards in Section 17.103.010.

L3. These activities may only be located above the ground floor of a building upon the granting of a conditional use permit (see Chapter 17.134 for the CUP procedure).

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

L5. With the exception of retail bank branches, these activities are only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure) when located both on the ground floor of a building and within thirty (30) feet of the principal street frontage.

Incidental pedestrian entrances that lead to one of these activities elsewhere in the building are exempted from this Conditional Use Permit requirement. In addition to the criteria contained in Section 17.134.050, ground floor proposals that are conditionally permitted must also meet each of the following additional criteria:
a. The proposal will not impair a generally continuous wall of building facades; b. The proposal will not weaken the concentration and continuity of ground-floor commercial facilities, and will not impair the retention or creation of an important shopping frontage; and c. The proposal will not interfere with the movement of people along an important pedestrian street.

L6. These activities are only permitted upon the granting of a Conditional Use Permit (see Chapter

17.134 for the CUP procedure). In addition to the criteria contained in Section

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

L7. These activities shall only be located on or below the ground floor of a building with the following two exceptions:
a) The floor area devoted to the activity above the ground floor is less than or equal to three thousand (3,000) square feet; and
b) An activity located on the ground floor may extend to the second floor of a building if 1) the activity on the second floor is the same as, or accessory to, the ground floor activity and part of the same business or establishment; and 2) there is a direct internal connection between the ground floor and the second story activities.

L8. No new or expanded Special Health Care Civic Activity shall be located closer than two thousand five hundred (2,500) feet from any other such activity, or five hundred (500) feet from any K-12 school or Licensed Emergency Shelters. See Section 17.103.020 for further regulations regarding Special Health Care Civic Activities.

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

17.102.450 for special regulations relating to laundromats.

L10. No new or expanded Check Cashier and Check Cashing Commercial Activity shall be located closer than one thousand (1,000) feet from any other such activity or five hundred (500) feet from any Community Education, Community Assembly, or Recreational Assembly Civic Activity; State or Federally chartered bank, savings association, credit union, or industrial loan company; or certain Alcoholic Beverage Sales Commercial Activities. See Section 17.103.040 for further regulations regarding Check Cashier and Check Cashing Commercial Activities.

L11. No new or expanded Adult Entertainment Activity shall be located closer than one thousand (1,000) feet to the boundary of any Residential Zone or three hundred (300) feet from any other Adult En tertainment Activity. See Section 17.102.160 for further regulations regarding Adult Entertainment Activities.

L12. The total floor area devoted to these activities by any single establishment shall not exceed three thousand (3,000) square feet.

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

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

L14. Automotive fee parking is permitted upon the granting of Conditional Use Permit (see Chapter 17.134 for the CUP procedure) if it is located in either a parking structure or in a below grade parking lot. Auto fee parking is otherwise prohibited.

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

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

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

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

L17. Community Gardens are permitted if they do not include livestock production or the cultivation of animals and/or animal products by agricultural methods, except for bee keeping involving no more than three (3) hives.

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

17.58.050 Permitted and conditionally permitted facilities.

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

Table 17.58.02: Permitted and Conditionally Permitted Facilities

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

17.103.085
Nonresidential Facilities
Enclosed Nonresidential P P P P

Activities Zones Additional
Regulations CBD-R CBD-P CBD-C CBD-X
Open Nonresidential C(L3) C(L3) C(L3) C(L3)
Sidewalk Cafe P P P P 17.103.090
Drive-In Nonresidential — — — C
Drive-Through Nonresidential — — — C(L2) 17.103.100
Telecommunications Facilities
Micro Telecommunications C P P P 17.128
Mini Telecommunications C P P P 17.128
Macro Telecommunications C C C C 17.128
Monopole Telecommunications C C C C 17.128
Tower Telecommunications — — — — 17.128
Sign Facilities
Residential Signs P P P P 17.104
Special Signs P P P P 17.104
Development Signs P P P P 17.104
Realty Signs P P P P 17.104
Civic Signs P P P P 17.104
Business Signs P P P P 17.104
Advertising Signs — — — — 17.104

Limitations on Table 17.58.02:

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

L2. No new or expanded Fast -Food Restaurants with D rive-Through Nonresidential Facilities shall be located closer than five hundred (500) feet of an elementary school, park, or playground.

See Sections 17.103.030 and 17.103.100 for further regulations regarding Drive- Through Nonresidential Facilities.

L3. No Conditional Use Permit (CUP) is required for Open Nonresidential Facilities to accommodate Civic Activities, Limited Agriculture, seasonal sales, or special events.

17.58.060 Property development standards.

A. Zone Specific Standards. Table 17.58.03 below prescribes development standards specific to individual zones. The number designations in the right-hand column refer to the additional regulations listed at the end of the Table. "N/A" designates the standard is not applicable to the specified zone.

Table 17.58.03: Property Development Standards
Development Standards Zones Additional
Regulations CBD-R CBD-P CBD-C CBD-X
Minimum Lot Dimensions
Lot Width mean 25 ft. 25 ft. 50 ft. 50 ft. 1
Frontage 25 ft. 25 ft. 50 ft. 50 ft. 1
Lot area 4,000
sf.
4,000
sf.
7,500
sf.
7,500
sf.
1 Minimum/Maximum Setbacks
Minimum front 0 ft. 0 ft. 0 ft. 0 ft. 2, 9
Maximum front and street side for the first story N/A 5 ft. 5 ft. 10 ft. 3, 9 Maximum front and street side for the second and
third stories or 35 ft., whatever is lower
N/A 5 ft. 5 ft. N/A 3, 9
Minimum interior side 0 ft. 0 ft. 0 ft. 0 ft. 4, 9
Minimum corner side 0 ft. 0 ft. 0 ft. 0 ft. 9
Rear 10 ft. 0 ft. 0 ft. 0 ft. 5, 9
Design Regulations
Minimum facade transparency of ground floor
Nonresidential Facilities
55% 65% 55% 55% 6
Minimum height of ground floor Nonresidential
Facilities
15 ft. 15 ft. 15 ft. 15 ft. 7
Minimum separation between the grade and ground
floor living space

2.5 ft. N/A N/A 2.5 ft. 8
Additional Regulations for Table 17.58.03:

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

2. See Section 17.108.040 for the minimum front yard setback when fifty percent (50%) or more of the frontage on the same block and side of the street is in a Residential Zone.

3. The following notes apply to the maximum yard requirements:

a. The requirements only apply to the construction of new principal buildings and to no more than two property lines. One of these property lines shall abut the principal street. b. The requirements do not apply to lots containing Recreational Assembly, Community Education, Utility and Vehicular, or Extensive Impact Civic Activities, Agricultural Activities, or Automobile and Other Light Vehicle Gas Station and Servicing Commercial Activities as principal activities.
c. In the CBD-P, CBD-C, and CBD-X Zones, these maximum yards apply to seventy -five percent (75%) of the street frontage on the principal street and fifty percent (50%) on othe r streets, if any. All percentages, however, may be reduced to fifty percent (50%) upon t he granting of Regular Design Review (see Chapter 17.136 for the design review procedure). In addition to the criteria contained in Section 17.136.050, the proposal must also meet each of the following criteria:
i. Any additional yard area abutting the principal street is designed to accommodate publicly accessible plazas, sidewalk cafes, or restaurants; ii. The proposal will not impair a generally continuous wall of building facades; iii. The proposal will not weaken the concentration and continuity of retail facilities at ground-level, and will not impair the retention or creation of an important shopping frontage; and
iv. The proposal will not interfere with the movement of people along an important pedestrian street.
d. The maximum yard requirements above the ground floor may be waived upon the granting of a conditional use permit (see Chapter 17.134 for the CUP procedure). In addition to the criteria contained in Section 17.134.050, the proposal must also meet each of the following criteria:
i. It infeasible to both accommodate the use proposed for the space and meet the maximum yard requirement;
ii. The proposal will not weaken the street definition provided by buildings with reduced setbacks; and
iii. The proposal will not interrupt a continuity of 2nd and 3rd story facades on the street that have minimal front yard setbacks.

4. In the CBD-R Zone, portions of a building over fifty-five (55) feet in height shall have a setback of at least one (1) foot from the required interior side yard for every five (5) feet that portion is above fifty-five (55) feet. This setback, however, need not exceed forty (40) feet. Also, see Section

17.108.080 for the required interior side and rear yard setbacks on a lot containing two or more living units and opposite a legally -required living room window. See Section 17.108.130 for allowed projections into required yards.

5. In the CBD-R Zone, portions of a building over fifty-five (55) feet shall setback at least one (1) foot from the required rear yard for every five (5) feet that portion is above fifty-five (55) feet. This regulation shall not apply when the rear yard faces a street. This setback, however, need not exceed forty (40) feet. The following other minimum rear yard setback regulations apply in all CBD Zones:

a. A minimum ten (10) foot rear yard setback is required whenever a rear lot line abuts any portion of a lot in a Residential Zone; and
b. See Section 17.108.130 for allowed projections into required yards.

6. This percentage of transparency is only required for principal buildings that include ground floor Nonresidential Facilities, and only applies to the facade facing the principal street. On all other street facing facades, the requirement is one-half (½) the standard for the facade facing the principal street. The area of required transparency is betw een two (2) feet and nine (9) feet in height of the ground floor and must be comprised of clear, non-reflective windows that allow views out of indoor commercial space or lobbies. Glass block does not quality as a transparent window.

Exceptions to this regulation may be allowed by the Planning Director for unique facilities such as convention centers, gymnasiums, parks, gas stations, theaters and other similar facilities.

7. This height is required for new principal buildings that include ground floor Nonresidential Facilities, and is measured from the sidewalk grade to the second story floor.

8. This regulation only applies to ground floor living space located within fifteen (15) feet of a street frontage.

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

B. Design Standards Applying to All Zones. The following regulations apply to all of the zones:

1. Entrance. Newly constructed principal buildings shall have at least one prominent pedestrian entrance facing the principal street. Entrances at building corners facing the principal street may be used to satisfy this requirement. Building entrances include doors to one or more shops, businesses, lobbies, or living units. Entrances shall be made prominent through some combination of projecting or recessing the door area, change in material, an awning above a door, additional detailing, stairs leading to the door, and/or other features. The entrance for Nonresidential Facilities shall be at grade.

2. Ground Floor Treatment. All ground-floor building materials shall be durable, of high quality, and display a sense of permanence. Such materials include, but are not limited to stone, tile, brick, metal panel systems, glass, and/or other similar materials. Further, the ground level of a newly constructed building shall be designed to enhance the visual experience for pedestrians and distinguish it from upper stories. This is achieved by designing a building base that is distinct from the rest of the building through the use of some combination of change of material, enhanced detailing, lighting fixtures, cornices, awnings, canopies, and/or other elements. For buildings with nonresidential ground floor space, visual interest shall also be achieved through modulating the ground floor into a regular cadence of storefront sized windows and entrances.

3. Active Space Requirement. For newly-constructed principal buildings, parking spaces, locker areas, mechanical rooms, and other non-active spaces shall not be located within thirty (30) feet from the front of the ground floor of the principal building except for incidental entrances to such activities elsewhere in the building. Driveways, garage entrances, or other access to parking and loading facilities may be located on the ground floor of this area as regulated by Subsection (E4).

4. Parking and Loading Location. For newly constructed principal buildings, access to parking and loading facilities through driveways, garage doors, or other means shall not be from the principal street when alternative access is feasible from another location such as a secondary frontage or an alley. Open parking areas shall not be located between the sidewalk and a principal building.

5. Massing. The mass of newly -constructed principal buildings shall be broken up into smaller forms to reduce the scale and enhance the visual interest of the streetscape.

The massing requirements contained in this note shall be applied on all visible facades and achieved through some coordinated combination of changes in plane, building articulation, varied materials, contrasting window patterns and treatments, varying roof heights, separating upper-story floor area into two or more towers, contrasting colors, a distinct base, middle, and top, or other methods.

6. Upper Story Windows. An ample placement of windows above the ground floor is required at all street-fronting facades. To create visual interest, the placement and style of windows shall contribute to a coherent and appealing composition on the facade. Less window space is only permitted in exceptional cases if it contributes to a specific objective of the visual style and aesthetic effect of the building. Whenever possible, windows should be on all sides of a tower.

7. Building Terminus. The top of each newly -constructed principal building shall include an element that provides a distinct visual terminus. The visual terminus shall be integrated into the design concept of the building. Examples include, but are not limited to, curvilinear or stepped forms that soften the truncated tops of buildings, cornices, and other architectural forms. These rooftop elements shall be sized, shaped, and sited to screen all rooftop mechanical equipment from view.

8. Utility Storage. For newly-constructed buildings, areas housing trash, storage, or other utility services shall be located in the garage or be otherwise completely concealed from view of the public right-of-way. Backflow prevention devices shall be located in a building alcove, landscaped area, or utility room within the building, outside of the public right-of- way, and completely screened from view from the public right -of-way unless required otherwise by a department of the City.

C. Height, Bulk, and Intensity. Table 17.58.04 below prescribes height, bulk, and intensity standards associated with the height/bulk/intensity areas described in Map 17.58A (see Section 17.58.080). The numbers in the right-hand column refer to the additional regulations listed at the end of the Table. "N/A" designates the regulation is not applicable to the specified Height/Bulk/Intensity Area.

Table 17.58.04 Height, Density, Bulk, and Tower Regulations

Regulation Height/Bulk/Intensity Area Notes
1 2 3 4 5 6 7
Maximum Density (Square Feet of Lot Area Required Per Unit) Regular
Dwelling
Unit
300 200 90 90 90 90 90 1, 2

Regulation Height/Bulk/Intensity Area Notes
1 2 3 4 5 6 7
Rooming
Unit
150 100 45 45 45 45 45 1, 2
Efficiency
Dwelling
Unit
150 100 45 45 45 45 45 1, 2
Maximum
Floor Area
Ratio

4.5 6.0 8.0 14.0 17.0 20.0 20.0 2
Maximum Height
Building
base
55 ft. 85 ft. 55 ft. 85 ft. 85 ft. 85 ft. 120 ft. 3
Total 55 ft. 85 ft. 170 ft. 275 ft. 400 ft. No height
limit
No height
limit
3 Minimum Height
New
principal
buildings
N/A N/A N/A 45 ft. 45 ft. 45 ft. 45 ft. 4
Maximum Lot Coverage
Building
base (for
each
story)
N/A N/A 100% of site
area
100% of
site area
100% of
site area
100% of
site area
100% of
site area

Average
per story
lot
coverage
above the
building
base
N/A N/A 50% of site
area or
7,500 sf.,
whichever
is greater
75% of site
area or
10,000 sf.,
whichever is
greater
75% of site
area or
10,000 sf.,
whichever is
greater
75% of site
area or
10,000 sf.,
whichever
is greater
85% of site
area or
10,000 sf.,
whichever
is greater
6 Tower Regulations
Maximum
average
area of
floor
plates
N/A N/A 10,000 sf. 15,000 sf. 20,000 sf. 25,000 sf. No
maximum
6

Regulation Height/Bulk/Intensity Area Notes
1 2 3 4 5 6 7
Maximum
tower
elevation
length
N/A N/A 115 ft. 150 ft. 175 ft. 195 ft. No
maximum
7 Maximum
diagonal
length
N/A N/A 145 ft. 180 ft. 210 ft. 235 ft. No
maximum

Minimum
distance
between
towers on
the same
lot
N/A N/A 40 ft. 40 ft. 40 ft. 40 ft. No
minimum

Notes:

1. See Chapter 17.107 for affordable and senior housing density incentives.

2. For mixed use projects in the Central Business District (CBD) Zones, the allowable intensity of development shall be measured according to both the maximum nonresidential Floor Area Ratio (FAR) allowed by the zone and the maximum residential density allowed by the zone. The total lot area shall be used as a basis for computing both the maximum nonresidential FAR and the maximum residential density.

3. In Height Areas 4, 5, and 6, lots having frontage on Broadway, San Pablo Avenue, or Telegraph Avenue where the width of the right -of-way is greater than eighty -five (85) feet shall have a maximum base height equal to the width of that right-of-way. Also, see Section 17.108.030 for allowed projections above height limits and Section 17.108.020 for increased height limits in certain situations.

4. This minimum height excludes the height of the allowed projections into the height limit contained in Section 17.108.030.

5. The average floor area of the stories above the base cannot exceed this percentage of lot area, with the following qualifications:
a. When a project contains more than one tower above the base, the floor area of a story is calculated by adding the square footages of the equivalent story in each tower. For example, if there are two towers above the base and the 5th story of one tower is fifteen thousand (15,000) square feet and the 5th story of the other tower is twenty thousand (20,000) square feet, then the total floor area of the 5th story is thirty-five thousand (35,000) square feet. b. To allow a variety of articulation in a building, the floor area of an individual story can be as much as fifteen percent (15%) greater than the maximum average per story floor area above base.

c. A story that is more than fifteen percent (15%) less than the maximum average floor area is not included in the average per story floor area above the base.

6. The average floor plate of an individual tower cannot exceed this area, with the following qualifications:
a. The floor area of an individual tower floor plate cannot be more than fifteen percent (15%) greater than the maximum average tower floor plate.
b. An individual tower floor plate that is more than fifteen percent (15%) less than the maximum average tower floor plate is not included in the maximum average tower floor plate area calculation.

7. The following regulation applies to lots that both: 1) are designated as Special Area A on Map

17.58; and 2) have either a west or east side property line that is more t han ninety (90) feet in length: the cumulative building length of the east or west elevation of all towers on such a lot shall be no more than two-thirds (2/3) the length of any east or west side property line.

17.58.070 Usable open space standards.

A. General. This Section contains the usable open space standards and requirements for residential development in the CBD Zones. These requirements shall supersede those in Chapter 17.126.

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

1. "Private Usable Open Space". Private usable open space is accessible from a single unit and may be provided in a combination of recessed and projecting exterior spaces.

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

3. "Rooftop Open Space". Rooftop open space, a type of group usable open space, includes gardens, decks, swimming pools, spas and landscaping located on the rooftop and accessible to all tenants.

4. "Courtyard". A courtyard is a type of group usable open space that can be located anywhere within the subject property.

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

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

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

Table 17.58.05: Required Dimensions of Usable Open Space

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

Public Ground-Level
Plaza
10 ft.

Rooftop 15 ft. 1
Courtyard 15 ft.

Notes for Table 17.58.05:
a. Areas occupied by vents or other structures which do not enhance usability of the space shall not be counted toward the above dimension.

3. Openness. There shall be no obstructions above the space except for devices to enhance its usability, such as pergola or awning structures. There shall be no obstructions over ground-level private usable open space except that not more than fifty percent (50%) of the space may be covered by a private balcony projecting from a higher story. Above-ground-level private usable open space shall have at least one exterior side open and unobstructed, except for incidental raili ngs or balustrades, for eight (8) feet above its floor level.

4. Location. Required usable open space may be located anywhere on the lot.

5. Usability. A surface shall be provided which prevents dust and allows convenient use for outdoor activities. Such surface shall be any practicable combination of lawn, garden, flagstone, wood planking, concrete, asphalt or other serviceable, dust -free surfacing.

Slope shall not exceed ten percent (10%). Off -street parking and loading areas, driveways, and service areas shall not be counted as usable open space. Adequate safety railings or other protective devices shall be erected whenever necessary for space on a roof, but shall not be more than the minimum height required by the Oakland Building Code.

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

D. Landscaping requirements. At least ten percent (10%) of rooftop, courtyard, or ground - level plaza usable open space area shall include landscaping enhancements. Landscaping

enhancements shall consist of permanent features, such as trees, shrubbery, decorative planting containers, fountains, boulders or artwork (sculptures, etc.) The remainder of the space shall include user amenities such as seating, decorative paving, or playground structures.

17.58.080 Other zoning provisions.

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

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

C. Home Occupations. Home occupations shall be subject to the applicable provisions of the home occupation regulations in Chapter 17.112.

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

E. General Provisions. The general exceptions and other regulations set forth in Chapter 17.102 shall apply in the CBD Zones.

F. Recycling Space Allocation Requirements. The regulations set forth in Chapter 17.118 shall apply in the CBD Zones.

Chapter 17.72 M-20, M-30, AND M-40 INDUSTRIAL ZONES REGULATIONS [32]

17.72.010 Title, intent, and description.

A. Title and Intent. The provisions of this Chapter shall be known as the M-20, M-30, and M-40 Industrial Zones Regulations. This Chapter establishes regulations for the (M-20) Light Industrial, (M-30) General Industrial, and (M-40) Heavy Industrial Zones. The intent of the M- 20, M-30, and M-40 Industrial Zones is to create, preserve and enhance areas containing manufacturing, industrial, and related establishments.

B. Description of Zones. This Chapter establishes land use regulations for the following three (3) zones:

1. M-20 Light Industrial Zone. The M -20 Zone is intended to create, preserve, and enhance areas containing manufacturing, industrial and related establishments with limited external impact within an open and attractive setting, and is typically appropriate to locations adjacent to residential communities.

2. M-30 General Industrial Zone. The M -30 Zone is intended to create, preserve, and enhance areas containing a wide range of manufacturing, industrial, and related establishments, and is typically appropriate to areas providing a wide variety of sites with good rail or highway access.

3. M-40 Heavy Industrial Zone. The M -40 Zone is intended to create, preserve, and enhance areas containing manufacturing, industrial, or related establishments that are potentially incompatible with most other establishments, and is typically appropriate to areas which are distant from residential areas and which have extensive rail or shipping facilities.

17.72.030 Permitted and conditionally permitted activities.

Table 17.72.01 lists the permitted, conditionally permitted, and prohibited activities in the M- 20, M-30, and M-40 Zones. The descriptions of these activities are contained in Chapter 17.10.

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

Table 17.72.01: Permitted and Conditionally Permitted Activities

Activities Zones Additional
Regulations M-20 M-30 M-40
Residential Activities
Permanent — — —
Residential Care — — —
Supportive Housing — — —
Transitional Housing — — —

Emergency Shelter — P(L1) — 17.103.015
Semi-Transient — — —
Bed and Breakfast — — —

Activities Zones Additional
Regulations M-20 M-30 M-40
Civic Activities
Essential Service P(L16) P P
Limited Child-Care Activities C(L17) C(L17) C(L17)
Community Assembly C C C
Recreational Assembly C C C
Community Education C(L17) C(L17) C(L17)
Nonassembly Cultural P P P
Administrative P(L2) P(L2) P(L2)
Health Care C — —
Special Health Care C(L3) C(L3) C(L3) 17.103.020
Utility and Vehicular C C P(L4)
Extensive Impact C C C 17.102.440
Commercial Activities
General Food Sales P P P
Full Service Restaurants P P P
Limited Service Restaurant and Cafe P P P
Fast-Food Restaurant C C C 17.103.030 and

8.09 Convenience Market C C C 17.103.030
Alcoholic Beverage Sales C C C 17.103.030 and

17.114.030
Mechanical or Electronic Games P P P
Medical Service P(L2) P(L2) P(L2)
General Retail Sales P(L5) P(L5) P(L5)
Large-Scale Combined Retail and Grocery
Sales
— — —
Consumer Service P(L5)(L6) P(L5)(L6) P(L5)(L6)
Consultative and Financial Service P(L2) P(L2) P(L2)

Check Cashier and Check Cashing — — —
Consumer Cleaning and Repair Service C C C
Consumer Dry Cleaning Plant C C C
Group Assembly P(L7) P(L7) P(L7)

Activities Zones Additional
Regulations M-20 M-30 M-40
Personal Instruction and Improvement
Services
P(L7) P(L7) P(L7)
Administrative P(L2) P(L2) P(L2)
Business, Communication, and Media
Services
P P P
Broadcasting and Recording Services P P P
Research Service P P P
General Wholesale Sales P P P
Transient Habitation — — —
Building Material Sales C(L20) P(L9) P(L9)
Automobile and Other Light Vehicle Sales
and Rental
P(L9) C P(L9)
Automobile and Other Light Vehicle Gas
Station and Servicing
C(L8) P(L8)(L9) P(L8)(L9)
Automobile and Other Light Vehicle
Repair and Cleaning
P(L8)(L9) P(L8)(L9) P(L8)(L9)
Taxi and Light Fleet-Based Services C(L20) P(L9) P(L9)
Automotive Fee Parking P — P
Animal Boarding C C C
Animal Care C C C
Undertaking Service — — —
Industrial Activities
Custom Manufacturing P P P
Light Manufacturing P(L9)(L10) P(L9) P(L9)
General Manufacturing C(L10)(L20) C(L10)(L20) C(L10)(L20)(L1 )

17.103.065
Heavy/High Impact — — —
Research and Development P P P

Construction Operations C(L20) P(L9) P(L9) 17.103.065
Warehousing, Storage, and Distribution-Related
A. General Warehousing, Storage and
Distribution
C(L20) P(L9)(L19) P(L9)(L19)(L16
)

17.103.065
B. General Outdoor Storage C P(L9) P(L9)
C. Self- or Mini-Storage C(L17) C(L17) C(L17)

Activities Zones Additional
Regulations M-20 M-30 M-40
D. Container Storage C P P
E. Salvage/Junk Yards C C P(L11)
Regional Freight Transportation C(L20) C(L20) C(L20)(L1) 17.103.065 Trucking and Truck-Related
A. Freight/Truck Terminal C(L20) P(L8)(L9)(L12) P(L8)(L9)(L12) 17.103.065 B. Truck Yard C(L20) P(L8)(L9)(L12) P(L8)(L9)(L12) 17.103.065 C. Truck Weigh Stations C(L20) P(L8)(L9)(L12) P(L8)(L9)(L12) 17.103.065 D. Truck and Other Heavy Vehicle Sales.

Rental and Leasing
C(L20) P(L9)(L13) P(L9)(L13) 17.103.065
E. Truck and Other Heavy Vehicle
Service, Repair and Refueling
C(L20) P(L8)(L9)(L12) P(L8)(L9)(L12) 17.103.065
Recycling and Waste-Related
A. Satellite Recycling Collection Centers C C C
B. Primary Recycling Collection Centers — C(L20) PC(L20L1) 17.103.060

17.103.065
Hazardous Materials Production,
Storage, and Waste Management-Related
C(L13) C(L13) C(L13)
Agriculture and Extractive Activities
Plant Nursery C P P
Limited Agriculture P(L14) P(L14) P(L14)
Extensive Agriculture C(L15) C(L15) C(L15)
Mining and Quarrying C(L18) C(L18) C(L18)
Accessory off-street parking serving
prohibited activities
P P P 17.116.075
Additional activities that are permitted or
conditionally permitted in an adjacent
zone, on lots near the boundary thereof
C C C 17.102.110

Limitations on Table 17.72.01:

L1. Emergency Shelters are permitted by -right on properties owned by churches, temples, synagogues, and other similar places of worship approved for Community Assembly Civic Activities; and within the portion of the Third Street corridor area described in Section

17.103.015(A)(5) and subject to the development standards in Section 17.103.015(B); permitted upon the granting of a Conditional Use Permit elsewhere in the zone subject to the standards in Section 17.103.010.

L1. See 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.

L9. These activities are only permitted upon the granting of a Conditional Use Permit 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 regulations 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).

L16. The total floor area devoted to these activities by a 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).

L16. Community Gardens are permitted if they do not include livestock production or the cultivation of animals and/or animal products by agricultural methods, except for bee keeping involving no more than three (3) hives.

L17. A Conditional Use Permit is required if located within six hundred (600) feet of any Residential Zone boundary (see Chapter 17.134 for the CUP procedure); prohibited if located if located elsewhere in the zone. 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.

L18. P rohibited if located within six hundred (600) feet of any Residential Zone boundary. 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).

L19. The total floor area devoted to these activities by a 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).

L20. See Section 17.103.065 for special findings and additional requirements for Truck- Intensive Industrial Activities in the M, CIX, IG, IO, D-CE-5, D-CE-6, D-CO-5, and D-CO-6 Zones.

17.72.040 Permitted and conditionally permitted facilities.

Table 17.72.02 lists the permitted, conditionally permitted, and prohibited facilities in the M- 20, M-30, and M-40 Zones. The descriptions of these facilities are contained in Chapter 17.10.

"P" designates permitted facilities in the corresponding zone. "C" designates facilities that are permitted only upon the granting of a Conditional Use Permit (CUP) in the corresponding zone (see Chapter 17.134 for the CUP procedure). "L" designates facilities subject to certain limitations listed at the bottom of the Table. "—" designates facilities that are prohibited.

Table 17.72.02: Permitted and Conditionally Permitted Facilities

Facilities Zones Additional
Regulations M-20 M-30 M-40
Residential Facilities
One-Family Dwelling — —(L4) —(L1) 17.103.015
Two- to Four-Family Dwelling — —(L4) —(L1) 17.103.015
Multifamily Dwelling — —(L4) —(L1) 17.103.015
Rooming House — —(L4) —(L1) 17.103.015
Vehicular — —(L4) —(L1) 17.103.015
Nonresidential Facilities
Enclosed Nonresidential P P P
Open Nonresidential C(L1)(L3) P(L1) P(L21)
Sidewalk Cafe P P P 17.103.090
Drive-In C P P
Drive-Through C C C 17.103.100
Telecommunications Facilities
Micro Telecommunications P P P 17.128
Mini Telecommunications P P P 17.128

Facilities Zones Additional
Regulations M-20 M-30 M-40
Macro Telecommunications P P P 17.128
Monopole Telecommunications C P P 17.128
Tower Telecommunications — C C 17.128
Sign Facilities
Residential Signs P P P 17.104
Special Signs P P P 17.104

Development Signs P P P 17.104
Realty Signs P P P 17.104
Civic Signs P P P 17.104
Business Signs P P P 17.104
Advertising Signs — — — 17.104

Limitations on Table 17.72.02:

L1. All new Residential Facilities are prohibited in the M Industrial Zones, except for those approved in conjunction with a permitted Emergency Shelter Activity, as indicated in Table

17.72.01, Limitation L1. See Chapter 17.114, Nonconforming Uses, for additions and alterations to legal nonconforming Residential Facilities.

L21. Off-street parking facilities serving fifty (50) or more vehicles are only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure).

L2. N o new or expanded Fast -Food Restaurants with Drive -Through Nonresidential Facilities shall be located closer than five hundred (500) feet of an elementary school, park, or playground.

See Sections 17.103.030 and 17.103.100 for further regulations regarding Drive- Through Nonresidential Facilities.

L3. No Conditional Use Permit (CUP) is required for Open Nonresidential Facilities to accommodate Civic Activities, Limited Agriculture, seasonal sales, or special events.

L4. All new Residential Facilities are prohibited in the M Industrial Zones, except for those approved in conjunction with a permitted Emergency Shelter Activity, as indicated in Table

17.72.01, Limitation L1. See Chapter 17.114, Nonconforming Uses, for additions and alterations to legal nonconforming Residential Facilities.

17.72.050 Property development standards.

A. Zone Specific Standards. Table 17.72.03 below prescribes development standards specific to individual zones. The number designations in the "Additional Regulations" column refer to the regulations listed at the end of the Table. "—" indicates that a standard is not required in the specified zone.

Table 17.72.03: Property Development Standards

Development Standards Zones Additional
Regulations M-20 M-30 M-40
Minimum Lot Frontage 25 feet 25 feet 25 feet 1
Minimum/Maximum Setbacks
Minimum front 5 ft. 0 ft. 0 ft. 2, 3
Minimum interior side 0 ft. 0 ft. 0 ft. 43
Minimum street side 0 ft. 0 ft. 0 ft. 54
Rear (Nonresidential
Facilities)
0/10 ft. 0/10 ft. 0/10 ft. 56, 7
Maximum Height None None None 78
Minimum Required
Parking
See Chapter 17.116 for automobile parking and Chapter 17.117 for bicycle parking regulations

Courtyard Regulations See Section 17.108.120

Additional Regulations for Table 17.72.03:

3. In the M -20 Zone, this minimum front yard shall, except for accessory driveways and walkways, be developed with lawn, ground cover, harden, shrubs, or trees, subject to the standards for required landscaping and screening in Chapter 17.124.

Illustration for Table 17.72.03 [Additional Regulation 2] *for illustration purposes only

4.3. Wherever an interior side lot line abuts an interior side lot line of any lot located in an RH or RD Zone, a side setback of six (6) feet is required. In the case where an interior side lot line abuts an interior side lot line in an RM Zone, the setback of the abutting portion of its side lot line is five (5) feet. In the case where an interior side lot line abuts an interior side lot line of any lot located in an RU-1 or RU-2 Zone, a side setback of four (4) feet is required (see Illustration for Table 17.72.03 [Additional Regulation 4], below). Also, see Section 17.108.130 for allowed projections into setbacks.

Illustration for Table 17.72.03 [Additional Regulation 4] *for illustration purposes only

5.4. When the rear yard of a reversed corner lot abuts a key lot that is in an RH, RD, or RM Zone, the required street side yard setback in the rear ten (10 feet of the reversed corner lot is one-half (½) of the minimum front yard required on the key lot, but shall not be required to exceed four (4) feet in width if it would reduce to less than twenty-five (25) feet the buildable width of any corner lot (see Illustration for Table 17.72.03 [Additional Regulation 5], below). Also, see Section

17.108.130 for allowed projections into the setbacks.

Illustration for Table 17.72.03 [Additional Regulation 5] *for illustration purposes only

6.5. Wherever a rear lot line abuts an alley, one-half (½) of the right-of-way width of the alley may be counted toward the required minimum rear setback; provided, however, that the portion of the minimum rear setback actually on the lot itself shall not be so reduced to less than ten (10) feet.

Also, see Section 17.108.130 for allowed projections into setbacks.

7.6 . When a rear lot line is adjacent to an RH, RD, or RM Zone, the required rear setback for both Residential and Nonresidential Facilities is ten (10) feet. When a rear lot line is not adjacent to an RH, RD, or RM Zone, the required rear setback is ten (10) feet for Residential Facilities and there is no required setback for Nonresidential Facilities.

8.7 . Buildings shall have a thirty (30) foot maximum height at the setback line associated with any rear or interior side lot line that abut a lot in an RH, RD, or RM Zone; if the principal building on the abutting lot has a height of thirty (30) feet or less, this maximum height shall increase one (1) foot for every foot of distance away from this setback line. If the principal building on the abutting lot has a height of greater than thirty (30) feet, the maximum height shall increase two (2) feet for every foot away from the applicable setback line (see Illustration for Table 17.72.03 [Additional Regulation 8, below). Also, see Section 17.108.030 for allowed projections above height limits and Section 17.108.020 for increased height limits for civic buildings.

Illustration for Table 17.72.03 [Additional Regulation 8] *for illustration purposes only

17.72.060 Special Regulations for Planned Unit Developments.

A. Planned Unit Developments. Large integrated developments shall be subject to the Planned Unit Development (PUD) regulations in Chapter 17.142 if they exceed the sizes specified therein. In developments which are approved pursuant to said regulations, certain uses may be permitted in addition to those otherwise allowed in the M-20, M-30, and M-40 Zones, and certain of the other regulations applying in said zone may be waived or modified. The normally required design review process may also be waived for developments at the time of initial granting of a Planned Unit Development (PUD) permit. Unless otherwise specified in the PUD permit, any future changes within the Planned Unit Development shall be subject to applicable design review regulations.

17.72.070 Other zoning provisions.

A. Performance Standards.

1. In the M -20 Zone, all Commercial and Industrial Activities shall be subject to the applicable provisions of the performance standards in Chapter 17.120.

2. In the M-30 and M-40 Zones, all Commercial and Industrial Activities which are located within six hundred (600) feet from any boundary of a Residential Zone shall be subject to the applicable provisions of the performance standards in Chapter 17.120.

B. Home Occupations. Home occupations shall be subject to the applicable provisions of the home occupation regulations in Chapter 17.112.

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

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

17.102, 17.103, 17.104, 17.106, and 17.108 shall apply in the M-20, M-30, and M-40 Zones.

E. Recycling Space Allocation Requirements. The regulations set forth in Chapter 17.118 shall apply in the M-20, M-30, and M-40 Zones.

F. Landscaping and Screening Standards. The regulations set forth in Chapter 17.124 shall apply in the M-20, M-30, and M-40 Zones.

Chapter 17.73 CIX, IG AND IO INDUSTRIAL ZONES REGULATIONS

17.73.020 Permitted and conditionally permitted activities and facilities.

The following table lists the permitted, conditionally permitted, and prohibited activities and facilities in the CIX, IG, and IO Zones. The descriptions of these uses are contained in Chapter

17.10. "P" designates permitted activities and facilities in the corresponding zone. "C" designates activities and facilities that are permitted only upon the granting of a conditional use permit (see Chapter 17.134) in the corresponding zone. "L" designates activities and facilities subject to certain limitations listed at the bottom of the Table.
"—" designates activities and facilities that are prohibited in the corresponding zone.

Table 17.73.020: Permitted and Conditionally Permitted Activities and Facilities

Activity
Types
Base Zones Combini
ng Zone
Additional
Regulations
CIX-1A CIX-1B CIX-1C CIX-1D CIX-1 CIX-2 IG IO T*
Residential Activities
Permanent — — — — — C(L1) — — —
Residential
Care
— — — — — C(L1) — —
—
Supportive
Housing
— — — — — C(L1) — —
—
Transitional
Housing
— — — — — C(L1) — —
—
Emergency
Shelter
P(L1) P(L1) P(L1) P(L1) P(L1) P(L1) P(L1) P(L1)
P(L1) 17.103.015
Civic Activities
Essential
Service
P P P P P P P(L21) P(L21)
P(L21)
Limited Child-
Care
C(L23) C(L23) C(L23) C(L23) — — — —
—

Activity
Types
Base Zones Combini
ng Zone
Additional
Regulations
CIX-1A CIX-1B CIX-1C CIX-1D CIX-1 CIX-2 IG IO T*
Community
Assembly
C C C C C(L23) C(L23) — C
Recreational
Assembly
C C C C C(L23) C(L23) — C
Community
Education
C(L23) C(L23) C(L23) C(L23) C(L23) C(L23) — C(L23)
Nonassembly
Cultural
P P P P P C — C
Administrative P P P P P C — C
Health Care C C C C — — — — P
Special Health
Care
— — — — C(L22) C(L22) — —
Utility and
Vehicular

C C C C C C C C P
Extensive
Impact
C C C C C C C C 17.102.440
Commercial Activities
General Food
Sales
P P P P P P(L17) P(L2) P(L2)

Full Service
Restaurant
P P P P P P(L17) P(L2) P(L2)

Limited Service
Restaurant and
Cafe
P P P P P P(L2) P(L2) P(L2)
Fast Food
Restaurant
C C C C C C — C
C See Section

17.103.030
Convenience
Market
C C C C C C — C C

Activity
Types
Base Zones Combini
ng Zone
Additional
Regulations
CIX-1A CIX-1B CIX-1C CIX-1D CIX-1 CIX-2 IG IO T*
Alcoholic
Beverage
Sales
C C C C C C — —
See Sections

17.103.030
and

17.114.030
Mechanical or
Electronic
Games
P P P C P — — —
Medical
Service
P P P P P C — C

General Retail
Sales
P P P P P P(L17) — P(L17)
Large-Scale
Combined
Retail and
Grocery Sales
— — C C — — — —

Consumer
Service
P(L20) P(L20) P(L20) P(L20) P(L20) P(L20) — C(L20)
Consultative
and Financial
Service
P P P P P C — —

Check Cashier
and Check
Cashing
— — — — — — — —

Consumer
Cleaning and
Repair Service

P P P P P C — —
Consumer Dry
Cleaning Plant
C C C C C C — —
Group
Assembly
P(L9) P(L9) P(L9) P(L9) P(L9) P(L9) P(L9) C

Activity
Types
Base Zones Combini
ng Zone
Additional
Regulations
CIX-1A CIX-1B CIX-1C CIX-1D CIX-1 CIX-2 IG IO T*
Personal
Instruction and
Improvement
Services
P(L9) P(L9) P(L9) P(L9) P(L9) P(L9) P(L9) C

Administrative P P P P P P L9 P
Business,
Communicati
on, and Media
Service

P P P P P P P P

Broadcasting
and Recording
Service

P P P P P P P P

Research
Service

P P P P P P P P

General
Wholesale
Sales

P P P P P P P P

Transient
Habitation
C C C C — — — —

17.103.050
Building
Material Sales
P(L4) P(L4) P((L4) P(L4) P(L4) P(L4) — —
P(L4)
Automobile
and Other
Light Vehicle
Sales and
Rental
C C P P P P(L4) — C
P
Automobile
and Other
Light Vehicle
Gas Station
and Servicing
C C C P(L7) P(L4) P(L4) P —
P(L4)

Activity
Types
Base Zones Combini
ng Zone
Additional
Regulations
CIX-
1A
CIX-1B CIX-1C CIX-1D CIX-1 CIX-2 IG IO T*
Automotive
and Other
Light Vehicle
Repair and
Cleaning
P(L7) P(L7) P(L7) P(L7) P(L4) P(L4) P —
P(L4)
Taxi and Light
Fleet- Based
Services
C C C C P(L4) P(L4) P —
P
Automotive
Fee Parking
C C C C P(L4) P P P

Animal Care P(L5) P(L5) P(L5) C P(L5) C C —
Animal
Boarding
P(L5) P(L5) P(L5) C P(L5) C C —
Undertaking
Service
C C — — C C C —

Industrial Activities
Custom
Manufacturing

P P P P P P P P

Light
Manufacturing

P P P P P P P P

General
Manufacturing
P(L4) P(L4) P(L4) — P(L4) P(L4) P(L4) —
P(L4)
Heavy/High
Impact
Manufacturing
— — — — — — C(L6) —

Research and
Development

P P P P P P P P

Construction
Operations
P(L4) P(L4) P(L4) C P(L4) P(L4) P(L4) C
P(L4) 17.103.065

Activity
Types
Base Zones Combini
ng Zone
Additional
Regulations
CIX-1A CIX-1B CIX-1C CIX-1D CIX-1 CIX-2 IG IO T*
Warehousing, Storage and Distribution-Related:

A. General
Warehousing,
Storage and
Distribution
P(L4)(
L18)
P(L4)(L1
8)
P(L4)(
L18)
C P(L4) P(L4) P(L4) P(L4)
P 17.103.065
B. General
Outdoor
Storage
C(L6) C(L6) C(L6) C(L6) C(L6) P(L4) P(L4) C(L6)
C. Self- or
Mini-Storage
— — — — C(L23) C(L23) — C(L23) C
D.

Container
Storage
— — — — — P(L4) P(L4) —
E.

Automotive
Salvage and
Junk Yards
— — — — — — P(L4) —
Regional Freight Transportation-Related:

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

A.

Freight/Truck
Terminal
— — — — C(L6) C(L6) P(L4) — P 17.103.065
B. Truck
Yard
— — — — C(L6) C(L6) P(L4) C(L6) P 17.103.065
C. Truck
Weigh
Stations
— — — — — P(L4) P(L4) —

17.103.065
D. Truck
and Other
Heavy Vehicle
Sales, Rental
and Leasing
— — — — P(L7) P(L7) P(L4) P(L4)
P

17.103.065

Activity
Types
Base Zones Combini
ng Zone
Additional
Regulations
CIX-1A CIX-1B CIX-1C CIX-1D CIX-1 CIX-2 IG IO T*
E. Truck
and Other
Heavy Vehicle
Service,
Repair, and
Refueling
— — — — C(L6) C(L6) P(L4) —
P

17.103.065
Recycling and Waste-Related:

A. Satellite
Recycling
Collection
Centers

C C C C C C C C

B. Primary
Recycling
Collection
Centers
— — — — C(L1) C(L1) P(L12) —
— See Section

17.73.035
and

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

A. Small
Scale Transfer
and Storage
— — — — — C(L6) C(L6) —
L12 - See
also Health
and Safety
Protection
Zone (S-19)
B.

Industrial
Transfer/Stora
ge
— — — — — — C(L6) —

C.

Residuals
Repositories
— — — — — — C(L6) —

D. Oil and
Gas Storage
— — — — — — C(L6) —
Agricultural and Extractive Activities
Plant Nursery P P P C P P P —
Limited
Agriculture
P(L14) P(L14) P(L14) P(L14) P(L14) P(L14) C(L15) C(L15) C(L15)
Extensive
Agriculture
C(L16) C(L16) C(L16) C(L16) C(L16) C(L16) C(L16) C(L16)

Activity
Types
Base Zones Combini
ng Zone
Additional
Regulations
CIX-1A CIX-1B CIX-1C CIX-1D CIX-1 CIX-2 IG IO T*
Mining and
Quarrying
Extractive
— — — — — — C(L6) —
See Chapter

17.155
Accessory off-
street parking
serving
prohibited
activities

C C C C P P P P
P 17.116.075
Additional
activities that
are permitted
or
conditionally
permitted in
an adjacent
zone, on lots
near the
boundary
thereof

C C C C C C C C

17.102.110

* If a CIX -1A, CIX-1B, CIX-1C or CIX -1D Base Zone also has the T Combining Zone, the T regulations shall supersede the Base Zone. Wherever the T Combining Zone regulations are silent, the Base Zone regulations shall supersede.

Facility Types Base Zones Combini
ng Zone
Additional
Regulations
CIX-1A CIX-1B CIX-1C CIX-1D CIX-1 CIX-2 IG IO T*
Residential
Facilities
All Residential Facilities are prohibited in the CIX, IG and IO Zones, except for those approved in conjunction with a permitted Emergency Shelter Activity; or a conditionally permitted conversion of an existing Transient Habitation Commercial Activity in any portion of the CIX-2 Zone not located within one thousand five hundred (1,500) feet of Hegenberger Road, as indicated in Limitation L1 below.

Nonresidential Facilities

Enclosed
Nonresidential

P P P P P P P P P
Open
Nonresidential

P P P P P P P(L21) P(L21) P(L21)
Sidewalk Cafe P P P P P P — — — See Section

17.103.090
Drive-In
Nonresidential
— — — — — — — — —
Drive- Through
Nonresidential
C C C C C C C C C See Section

17.103.100
Telecommunications Facilities
Micro
Telecommuni
cations
P P P P P P P P P See Chapter

17.128
Mini
Telecommuni
cations

P P P P P P P P
P
Macro
Telecommuni
cations

C C C C C C P P
P
Monopole
Telecommuni
cations

C C C C C C P P
P
Tower
Telecommuni
cations
— — — — — — P P
P
Sign Facilities
Residential
Signs
— — — — — — — —
— See Chapter

17.104
Special Signs P P P P P P P P P
Development
Signs
P P P P P P — —
—

Realty Signs P P P P P P P P P
Civic Signs P P P P P P P P P
Business Signs P P P P P P P P P
Advertising
Signs
— — — — — — — — —
* If a CIX-1A, CIX-1B, CIX-1C or CIX-1D Base Zone also has the T Combining Zone, the T regulations shall supersede the Base Zone. Wherever the T Combining Zone regulations are silent, the Base Zone regulations shall supersede.

Limitations on Table 17.73.020:

L4. A Conditional Use Permit is required if located within six hundred (600) feet of a Residential Zone boundary or one- half (1/2) mile of a BART Station (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- 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 or one-half (1/2) mile of a BART Station.

L6. P rohibited if located within six hundred (600) feet of a Residential Zone or one-half (1/2) mile of a BART Station. A Conditional Use Permit is required 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 -CE-5, D-CE-6, D- CO-5, and D-CO-6 Zones).

Chapter 17.76 S-2 CIVIC CENTER COMMERCIAL ZONE REGULATIONS Sections:

17.76.010 Title, purpose, and applicability.

17.76.040 Required design review process.

17.76.050 Permitted activities.

17.76.060 Conditionally permitted activities.

17.76.070 Permitted facilities.

17.76.080 Conditionally permitted facilities.

17.76.090 Special regulations applying to certain Commercial Activities.

17.76.095 Special regulations applying to Extensive Agriculture.

17.76.100 Special regulations applying to the conversion of a dwelling unit to a Nonresidential Activity.

17.76.110 Use permit criteria for Commercial Activities.

17.76.120 Limitations on Signs.

17.76.130 Minimum lot area, width, and frontage.

17.76.140 Maximum residential density.

17.76.150 Maximum Floor-Area Ratio.

17.76.160 Maximum height.

17.76.170 Minimum yards and courts.

17.76.180 Minimum usable open space.

17.76.190 Buffering.

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

17.76.210 Other zoning provisions.

17.76.010 Title, purpose, and applicability.

The provisions of this Chapter shall be known as the S-2 Civic Center Zone Regulations. The Civic Center (S-2) Zone is intended to create, preserve, and enhance areas devoted primarily to major public and quasi-public facilities and auxiliary uses, and is typically appropriate to portions of the Oakland Central District and to outlying areas of public facilities. These regulations shall apply in the S-2 Zone.
(Prior planning code § 6150)

17.76.040 Required design review process.

Except for projects that are exempt from design review as set forth in Section 17.136.025, no Building Facility, Designated Historic Property, Potentially Designated Historic Property, Telecommunications Facility, Sign, or other associated structure shall be constructed, established, or altered in exterior appearance, unless plans for the proposal have been approved pursuant to the design review procedure in Chapter 17.136, and when applicable, the Telecommunications regulations in Chapter 17.128, or the Sign regulations in Chapter 17.104.

17.76.050 Permitted activities.

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

A. Residential Activities:

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

Essential Service (Community Gardens are permitted if they do not include any livestock production or the cultivation of animals and/or animal products by agricultural methods, except for bee keeping involving no more than three (3) hives) Limited Child-Care
Community Assembly
Recreational Assembly
Community Education
Nonassembly Cultural
Administrative
C. Commercial Activities:

General Food Sales

Full Service Restaurant

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

Group Assembly - but only if the total floor area devoted to these activities on any single lot does not exceed five thousand (5,000) square feet; conditionally permitted if the activity is larger in floo r area (see Chapter 17.134 for the CUP procedure). No new or expanded Adult Entertainment Activity shall be located closer than one thousand (1,000) feet to the boundary of any Residential Zone or three hundred (300) feet from any other Adult Entertainment Activity. See Section 17.102.160 for further regulations regarding Adult Entertainment Activities
Personal Instruction and Improvement Services
Medical Service
Consultative and Financial Service
Administrative
Business, Communication, and Media Service
Broadcasting and Recording Service Research Service
D. Agricultural and Extractive Activities:

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

17.76.060 Conditionally permitted activities.

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

A. Civic Activities:

Health Care

Utility and Vehicular
Extensive Impact
B. Commercial Activities:

Fast-Food Restaurant
Convenience Market
Alcoholic Beverage Sales
Consumer Dry Cleaning Plant
Transient Habitation (see Section 17.103.050)
Automobile and Other Light Vehicle Gas Station and Servicing Automotive Fee Parking (see Section 17.103.055 for Automotive Fee Parking on parcels containing a principal activity in a principal facility) C. Agricultural and Extractive Activities:

Extensive Agriculture (see Section 17.76.095)
D. Off-street parking serving activities other than those listed above or in Section 17.76.050, subject to the conditions set forth in Section 17.116.075.

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

17.76.070 Permitted facilities.

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

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

A. Residential Facilities:

One-Family Dwelling
Two- to Four-Family Dwelling
Multifamily Dwelling
Rooming House
Vehicular
B. Nonresidential Facilities:

Enclosed

Open, accommodating Civic Activities, Limited Agriculture, seasonal sales, or special events only
C. Signs:

Residential
Special
Development
Realty
Civic
Business
D. Telecommunications:

Micro, except when a Major Conditional Use Permit is required by Section 17.128.025 Mini, except when a Major Conditional Use Permit is required by Section 17.128.025

17.76.080 Conditionally permitted facilities.

The following facilities, as described in the use classifications in Chapter 17.10, may be permitted upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134:

A. Nonresidential Facilities:

Open, accommodating activities other than Civic Activities, Limited Agriculture, seasonal sales, or special events
Drive-In
Sidewalk Cafes
B. Off-Street Parking Facilities serving 50 or more vehicles.

C. Telecommunications:

Macro Telecommunications
Monopole Telecommunications

17.76.090 Special regulations applying to certain Commercial Activities.

All conditionally permitted Commercial Activities other than Automotive Fee Parking shall, except for open-air dining facilities, accessory off-street parking and loading, and maintenance of accessory landscaping and screening, be conducted entirely within enclosed buildings. See also Section 17.103.030.

17.76.095 Special regulations applying to Extensive Agriculture.

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

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

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

17.76.100 Special regulations applying to the conversion of a dwelling unit to a Nonresidential Activity.

See Section 17.102.230.

17.76.110 Use permit criteria for Commercial Activities.

A conditional use permit for any conditionally permitted Commercial Activity 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 proposed activity is intended primarily to serve the civic center area in which it is located or the employees and patrons of the center;
B. That the proposed activity will not create or aggravate traffic congestion or interfere with the movement of traffic generated by permitted activities; C. That the proposed activity is accommodated or served by facilities of such size, design, and location as will tend to keep the activity subordinate in impact and function to permitted activities within the civic center area.

See also Section 17.102.210.

17.76.120 Limitations on Signs.

All Signs shall be subject to the applicable limitations set forth in Section 17.104.030.

17.76.130 Minimum lot area, width, and frontage.

Every lot shall have a minimum lot area of four thousand (4,000) square feet and a minimum lot width mean of twenty-five (25) feet, except as a lesser area or width is allowed by Section

17.03.010. Every lot shall have a minimum frontage of twenty-five (25) feet upon a street, except as this requirement is modified by Section 17.106.020.

17.76.140 Maximum residential density.

The maximum density of Residential Facilities shall be as set forth below, subject to the provisions of Section 17.106.030 with respect to maximum density on lots containing both Residential and Nonresidential Facilities. Also applicable are the provisions of Section 17.102.270 with respect to additional kitchens for a dwelling unit, and the provisions of Section 17.102.300 with respect to dwelling units with five (5) or more bedrooms. No residential facility shall be permitted to have both an additional kitchen as provided for in Section 17.102.270.B and a Secondary Unit.

A. Permitted Density.

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

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

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

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

5. One-Family Dwellings and Two- to Four-Family Dwellings. A One-Family Dwelling or Two- to Four-Family Dwelling is permitted on any lot which qualifies under Section

17.106.010 as an existing buildable parcel and that contains no other dwelling units.

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

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

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

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

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

17.76.150 Maximum Floor-Area Ratio.

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

A. Permitted Floor-Area Ratio (FAR). The maximum permitted FAR is 3.50, except that this ratio may be exceeded by ten percent (10%) on any corner lot and may also be exceeded by ten percent (10%) on any lot which faces or abuts a public park at least as wide as the lot.

B. Conditionally Permitted Floor-Area Ratio (FAR). The FAR permitted by Subsection A. of this Section may be increased by not to exceed fifty percent (50%) upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter

17.134, in each of the following situations:

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

2. For any facility, upon the acquisition of development rights from nearby lots, subject to the provisions of Section 17.106.050.

17.76.160 Maximum height.

Except as provided in Chapter 17.128, no general maximum height is prescribed, except that the height of facilities shall be limited, as prescribed in Section 17.108.010, on lots lying along a boundary of any of certain other zones. But see Section 17.76.120 for maximum height of Signs, Section 17.108.130 for maximum height of facilities within minimum yards and courts, and Section

17.108.020 for increased height limits in certain situations.

17.76.170 Minimum yards and courts.

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

A. Front Yard. The minimum front yard depth on every lot shall be ten (10) feet.

B. Side Yard—Street Side of Corner Lot. The minimum side yard width on the street side of every corner lot shall be ten (10) feet.

C. Side Yard—Interior lot line. No side yard is generally required along an interior side lot line except as follows:

1. A side yard shall be provided, when and as prescribed in Section 17.108.080, for Residential Facilities.

2. A side yard shall be provided, as prescribed in Section 17.108.090, along an interior side lot line lying along a boundary of any of certain other zones.

D. Rear Yard. The minimum rear yard depth on every lot shall be ten (10) feet, except as a lesser depth is allowed by Section 17.108.110.

E. Courts. On each lot containing a Residential Facility, courts shall be provided when and as required by Section 17.108.120.

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

17.76.180 Minimum usable open space.

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

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

17.126.

17.76.190 Buffering.

All uses shall be subject to the applicable requirements of the buffering regulations in Chapter

17.110 with respect to screening or location of parking, loading, and storage areas; control of artificial illumination; and other matters specified therein.

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

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

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

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

17.76.210 Other zoning provisions.

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

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

C. Home Occupations. Home occupations shall be subject to the applicable provisions of the home occupation regulations in Chapter 17.112.

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

E. General Provisions. The general exceptions and other regulations set forth in Chapter 17.102 shall apply in the S-2 Zone.

F. Recycling Space Allocation Requirements. The regulations set forth in Chapter 17.118 shall apply in the S-2 Zone.

Chapter 17.99 S-17 DOWNTOWN RESIDENTIAL OPEN SPACE COMBINING ZONE

REGULATIONS

17.99.010 Title, purpose and applicability.

The provisions of this Chapter shall be known as the S-17 Downtown Residential Open Space Combining Zone Regulations. The Downtown Residential Open Space Combining (S-17) Zone is intended to provide open space standards for residential development that are appropriate to the unique density, urban character and historic character of the City’s Central Business DowntownDistrict. These regulations shall apply in the S-17 Zone, and are supplementary to the regulations applying in the zones with which the S-17 Zone is combined.

17.99.020 Zones with which the S-17 Zone may be combined.

The S-17 Zone may be combined with the portion of any zoning district that is located within the General Plan-designated Central Business Districta Downtown District (D-DT) Zone.

Chapter 17.100A S-19 HEALTH AND SAFETY PROTECTION COMBINING ZONE REGULATIONS [38]

17.100A.030 Zones with which the S-19 Zone may be combined.

A. The standards of the S-19 Combining Zone shall apply to the following zoning districts:

1. Housing and Business Mix (HBX) Zones;

2. D- CE-3 and D-CE-4 (Central Estuary District) Zones;

3. CIX-1 (Commercial Industrial Mix-1) and D-DT-JLI (Downtown District Jack London Industrial), Zones;

Chapter 17.101E D-CE CENTRAL ESTUARY DISTRICT ZONES REGULATIONS

17.101E.030 Permitted and conditionally permitted activities.

For the purposes of this Chapter only, the following definition is added as an Activity.

Definitions for the other Activities listed in Table 17.101E.01 are contained in the Oakland Planning Code Chapter 17.10.

A. Definitions.

1. Boat and Marine-Related Sales, Rental, Repair and Servicing Activities include the sale, rental, leasing and incidental cleaning, servicing, and repair of boats and other vehicles and facilities associated with water - and marine-based travel and movement. This classification also includes activities associated with docks and marinas where boats and ships are anchored, moored, rented, sold or serviced.

Table 17.101E.01 lists the permitted, conditionally permitted, and prohibited activities in the D-CE 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 17.101E.01: Permitted and Conditionally Permitted Activities

Activities Zones Additional
Regulations D-CE-1 D-CE-2 D-CE-3 D-CE-4 D-CE-5 D-CE-6
Residential Activities
Permanent — — P P — —
Residential Care — — P(L1) P(L1) — — 17.103.010
Supportive
Housing
— — P P — —
Transitional
Housing
— — P P — —
Emergency Shelter — — P(L1) P(L1) — — 17.103.010
Semi-Transient — — P P — — 17.103.010
Bed and Breakfast — — P — — — 17.10.125
Civic Activities

Activities Zones Additional
Regulations D-CE-1 D-CE-2 D-CE-3 D-CE-4 D-CE-5 D-CE-6
Essential Service P(L18) P(L18) P(L22) P(L22) P(L18) P(L18) Limited Child-Care
Activities
— — P — — —
Community
Assembly
— — P(L2) — C —
Recreational
Assembly
P C P(L2) C C —
Community
Education
P P C C C —
Nonassembly
Cultural
P P P(L2) P(L3) C —
Administrative P P P(L3) P(L3) C —
Health Care — — C C — —
Special Health
Care
— — — — — —
Utility and
Vehicular

C C C C C C
Extensive Impact C C C C C C
Commercial Activities
General Food
Sales
P P P(L2)(L12) P(L4)(L12) P(L5) P(L5)
Full Service
Restaurants
P P P(L4) P(L4) P(L5) P(L5)
Limited Service
Restaurant and Cafe
P P P(L4) P(L4) P(L5) P(L5)
Fast-Food
Restaurant
— C — — C — 17.103.030
and 8.09
Convenience
Market
C C C C — — 17.103.030
Alcoholic
Beverage Sales
C C C C C — 17.103.030
and

17.114.030
Mechanical or
Electronic Games
C C C C — —
Medical Service — — P(L2) — — —

Activities Zones Additional
Regulations D-CE-1 D-CE-2 D-CE-3 D-CE-4 D-CE-5 D-CE-6
General Retail
Sales
P P P(L5) P(L5) P(L5) P(L6)
Large-Scale
Combined Retail
and Grocery Sales
— C — — — —
Consumer Service P P P P P —
Consultative and
Financial Service
P P P(L3) P C —
Check Cashier and
Check Cashing
— C — — — — 17.103.040
Consumer
Cleaning and Repair
Service
— P C C C —
Consumer Dry
Cleaning Plant
— — — — C C
Group Assembly C C C C C C(L8)
Personal
Instruction and
Improvement
Services
P P P P C C(L8)
Administrative P P P(L3) P(L3) P —(L9)
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(L3)(L10) P(L3)(L10) P P
General
Wholesale Sales
— P(L7) P(L2) P(L3) P(L3)(L11
)
P
Transient
Habitation
C C C C — — 17.103.050
Building Material
Sales
— P P(L2)(L10) P(L2)(L10) P —
Boat and Marine-
Related Sales,
Rental, Repair and
Servicing
P — — — — C