Chapter 17.37 — CR REGIONAL COMMERCIAL ZONE REGULATIONS

The provisions of this Chapter shall be known as the CR Regional Commercial Zones Regulations. The intent of the Regional Commercial (CR) Zones is to maintain, support and create areas of the City that serve as region-drawing centers of activities.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011)

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.

(Ord. No. 13064, § 2(Exh. A), 3-15-2011)

Table 17.37.01 lists the permitted, conditionally permitted, and prohibited activities in the CR Zone. 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 17.37.01: Permitted and Conditionally Permitted Activities

Zone Additional

Activities CR-1 CR-2 Regulations

Residential Activities

 Permanent — P(L13)

 Residential Care — P(L1)

 Supportive Housing — P

 Transitional Housing — P

 Emergency Shelter P(L1) P(L1) 17.103.010

 Semi-Transient C P

 Bed and Breakfast — —

Civic Activities

 Essential Service P P

 Limited Child-Care Activities P P

 Community Assembly — P

 Recreational Assembly P P

 Community Education C C

 Nonassembly Cultural P P

 Administrative — P

 Health Care C C

 Special Health Care C(L2) C(L2) 17.103.020

Utility and Vehicular C C

 Extensive Impact C C

Commercial Activities

 General Food Sales P P

 Full-Service Restaurants P P

 Limited Service Restaurant and Cafe P P

 Fast-Food Restaurant C C 17.103.030 and 8.09

 Convenience Market C C 17.103.030

17.103.030 and

 Alcoholic Beverage Sales C C 17.114.030

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

 Medical Service P P

 General Retail Sales P P

Large-Scale Combined Retail and Grocery Sales — —

 Consumer Service P(L3) P(L3)

 Consultative and Financial Service P P

 Check Cashier and Check Cashing — —

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

 Consumer Dry Cleaning Plant C C

 Group Assembly C(L6) C(L6)

 Personal Instruction and Improvement Services P P

 Administrative P P

 Business, Communication, and Media Services P P

 Broadcasting and Recording Services P P

 Research Service P P

 General Wholesale Sales C C

 Transient Habitation C C 17.103.050

 Building Material Sales P(L4)(L12) C(L4)

 Automobile and Other Light Vehicle Sales and P P Rental

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

 Automobile and Other Light Vehicle Repair and P(L4)(L12) P(L4)L(12) Cleaning

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

 Automotive Fee Parking —(L7) —(L7)

 Animal Boarding C C

Animal Care P P

 Undertaking Service — —

Industrial Activities

 Custom Manufacturing P(L4) P(L4)(L11)

 Light Manufacturing P(L4) P(L4)(L11)

 General Manufacturing C(L4)(L5) —

 Heavy/High Impact — —

 Research and Development P P

 Construction Operations — —

Warehousing, Storage, and Distribution-Related

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

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

  C. Self- or Mini-Storage — —

  D. Container Storage C(L4)(L5) —

  E. Salvage/Junk Yards — —

 Regional Freight Transportation C(L4)(L5) —

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

Recycling and Waste-Related

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

  B. Primary Recycling Collection Centers — — 17.103.060

 Hazardous Materials Production, Storage, and — — Waste Management-Related

Agriculture and Extractive Activities

 Limited Agriculture P(L4)(L8) P(L4)(L8)

 Extensive Agriculture C(L4)(L9) C(L4)(L9)

 Plant Nursery C(L4) C(L4)

 Mining and Quarrying — —

Accessory off-street parking serving prohibited activities

Activities that are listed as prohibited but are permitted or conditionally permitted on nearby C C 17.102.110 lots in an adjacent zone

Limitations on Table 17.37.01:

L1. See Section 17.103.010 for other regulations regarding Residential Care Residential Activities, and Sections 17.103.010 and 17.103.015 for other regulations regarding Emergency Shelter Residential

Activities. Notwithstanding anything to the contrary contained in the Planning Code, Emergency Shelter Residential Activities are permitted by-right on properties owned by churches, temples, synagogues, and other similar places of worship approved for Community Assembly Civic Activities); permitted upon the granting of a Conditional Use Permit elsewhere in the zone subject to the standards in Section 17.103.010 (see Chapter 17.134 for the CUP procedure).

L2. 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.

L3. See Section 17.102.170 for special regulations relating to massage services and Section 17.102.450 for special regulations relating to laundromats.

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

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

L6. 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.

L7. Existing automotive fee parking lots may be reconfigured to increase the number of parking spaces and make more efficient use of the existing parking area. Expansion of existing facilities to include structured parking or expanding the size of the parcel with the parking constitutes an expansion of a nonconforming use and is not permitted.

L8. Limited Agriculture is 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).

L9. Extensive Agriculture is only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure). In addition to the criteria contained in Section 17.134.050, this activity must meet the following use permit criteria:

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.

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

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

L12. This activity is only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure) when located on a lot that is within six hundred (600) feet of a Residential Zone.

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

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13677, § 4(Exh. A), 1-18-2022; Ord. No. 13393, § 2(Exh. A), 10- 4-2016; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13270, § 3(Exh. A), 11-18-2014; Ord. No. 13251, § 5(Exh. A), 7-29-2014; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011)

Table 17.37.02 lists the permitted, conditionally permitted, and prohibited facilities in the CR 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 17.37.02: Permitted and Conditionally Permitted Facilities

Zone Additional

Facilities Regulations CR-1 CR-2

Residential Facilities

 One-Family Dwelling —(L1)(L3) — 17.103.080

 Two- to Four-Family Dwelling —(L1)(L3) P(L4) 17.103.080

 Multifamily Dwelling —(L1)(L3) P(L4) 17.103.080

 Rooming House —(L1)(L3) P(L4)

 Vehicular —(L1) P 17.103.085

Nonresidential Facilities

 Enclosed Nonresidential P P

Open Nonresidential P P

 Sidewalk Cafe P P 17.103.090

 Drive-In C C

 Drive Through C C

Telecommunications Facilities

 Micro Telecommunications P(L2) P(L2) 17.128

 Mini Telecommunications P(L2) P(L2) 17.128

 Macro Telecommunications C C 17.128

 Monopole Telecommunications C C 17.128

 Tower Telecommunications — — 17.128

Sign Facilities

 Residential Signs P P 17.104

 Special Signs P P 17.104

 Development Signs P P 17.104

 Realty Signs P P 17.104

 Civic Signs P P 17.104

 Business Signs P P 17.104

 Advertising Signs — — 17.104

Limitations on Table 17.37.02:

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

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

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

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

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13677, § 4(Exh. A), 1-18-2022; Ord. No. 13666, § 3(Exh. A), 11- 16-2021; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13168, § 5(Exh. A-2), 6-18-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011;)

A.

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

Table 17.37.03: Property Development Standards

Zones

Development Standards Additional Regulations CR-1 CR-2

Minimum Lot Dimensions

 Lot Width mean 50 ft. 50 ft. 1

 Frontage 50 ft. 50 ft. 1

 Lot area 7,500 sf 7,500 sf. 1

Minimum/Maximum Setbacks

 Minimum front 10 feet 10 ft. 2

 Minimum interior side 0 ft. 0 ft. 3

 Minimum street side 0 ft. 0 ft. 4

 Rear 0/10 ft. 0/10 ft. 5

Design Regulations

Minimum height of ground floor Nonresidential 15 ft. 15 ft. 6 Facilities

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

See Chapter 17.116 for See Chapter 17.116 for automobile parking and automobile parking and

Minimum Required Parking Chapter 17.117 for Chapter 17.117 for bicycle parking bicycle parking requirements requirements

Additional Regulations for Table 17.37.03:

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

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

the minimum front setback required in the Residential Zone. If fifty percent (50%) or more of the total frontage is in more than one Residential Zone, then the minimum front setback on the commercially or industrially zoned lots is one-half (½) of that required in the Residential Zone with the lesser front setback.

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

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

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

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

5. When a rear lot line is adjacent to an RH, RD, or RM Zone, the required rear setback is ten (10) feet. When a rear lot line is not adjacent to an RH, RD, or RM Zone, there is no required rear setback.

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

B.

Height, Floor Area Ratio (FAR), Density, and Open Space Regulations. Table 17.37.04 below prescribes height, FAR, density and open space standards associated with the Height Areas described in the Zoning Maps. The number designations in the "Additional Regulations" column refer to regulations below the table.

Table 17.37.04 Height, Floor Area Ratio (FAR), Density, and Open Space Regulations

Height Area Additional

Regulation 35 45 65 100 145 159 Regulations

100 145 159

Maximum Height 35 feet 45 feet 65 feet 1 feet feet feet

Maximum Nonresidential FAR 2.0 2.5 3.0 4.0 4.0 4.0 2

Maximum Number of Stories (not including 3 4 6 9 14 15 1 underground construction)

Maximum Residential Density (square feet of lot area required per dwelling unit)

Regular Dwelling Units 550 450 350 200 200 200 2, 3, 5

Rooming Units 275 225 175 100 100 100 2, 3, 5

Efficiency Dwelling Units 275 225 175 100 100 100 2, 3, 5

Minimum Usage Open Space (square feet per residential unit)

Group usable open space per Regular 75 75 75 75 75 75 4 Dwelling Unit

Group usable open space per Regular Dwelling Unit when private open space 20 20 20 20 20 20 4 substituted

Group usable open space per Rooming Unit 38 38 38 38 38 38 4

Group usable open space per Rooming Unit 10 10 10 10 10 10 4 when private open space is substituted

Group usable open space per Efficiency 38 38 38 38 38 38 4 Dwelling Unit

Group usable open space per Efficiency Dwelling Unit when private open space is 10 10 10 10 10 10 4 substituted

Additional Regulations for Table 17.37.04:

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

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

3. See Chapter 17.107 for affordable and senior housing incentives. See Section 17.103.080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units. Also applicable are the provisions of Section 17.102.270 with respect to additional kitchens for a dwelling unit, and the provisions of Section 17.102.300 with respect to dwelling units with five (5) or more bedrooms.

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

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

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

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13666, § 3(Exh. A), 11-16-2021; Ord. No. 13357, § 3(Exh. A), 2- 16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011)

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

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13677, § 4(Exh. A), 1-18-2022; Ord. No. 13357, § 3(Exh. A), 2- 16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011)

Editor's note— Ord. No. 13677, § 4(Exh. A), adopted Jan. 18, 2022, amended the title of § 17.37.060 to read as herein set out. The former § 17.37.060 title pertained to special regulations for Mini-Lot and Planned Unit Developments.

A.

Home Occupations. Home occupations shall be subject to the applicable provisions of the home occupation regulations in Chapter 17.112. See Section 17.112.060 for home occupation regulations

specific to the West Oakland Specific Plan Area.

B.

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

C.

General Provisions. The general exceptions and other regulations set forth in Chapters 17.102, 17.104, 17.106, and 17.108 shall apply in the CR Zones.

D.

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

E.

Landscaping and Screening Standards. The landscaping and screening regulations set forth in Chapter 17.124 shall apply in the CR Zones.

F.

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, storage areas, control of artificial illumination, and other matters specified therein.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13251, § 5(Exh. A), 7-29-2014; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011)