Chapter 17.72 — M-40 INDUSTRIAL ZONES REGULATIONS

Editor's note— Ord. No. 13172, § 3(Exh. A), adopted July 2, 2013, repealed and reenacted Chapter 17.72 in its entirety to read as herein set out. Formerly, Chapter 17.72, §§ 17.72.010—17.72.140, pertained to M- 40 heavy industrial zone regulations and derived from the prior planning code, §§ 5800, 5802—5804, 5806, 5808, 5809, 5813, 5814, 5819, 5820, 5822, 5824; Ord. No. 11807, § 4, adopted 1995; Ord. No. 11854, §§ 13, 14, adopted 1996; Ord. No. 11889, §§ 2, 3, adopted 1996; Ord. No. 11904, §§ 5.67, 5.72—5.74, 5.65, adopted 1996; Ord. No. 11956, §§ 7, 8, adopted 1996; Ord. No. 12021, § 10, adopted 1997; Ord. No. 12072, §§ 10, 11, adopted 1998; Ord. No. 12147, § 3, adopted 1999; Ord. No. 12234, §§ 2, 3, adopted 2000; Ord. No. 12425, § 2, adopted 2002; Ord. No. 12450, § 17, adopted 2002; Ord. No. 12606, Att. A, adopted 2004; Ord. No. 12776, § 3(Exh. A), adopted 2006; Ord. No. 12884, § 2, adopted 2008; Ord. No. 12899, § 4(Exh. A), adopted 2008; Ord. No. 12939, § 4(Exh. A), adopted June 16, 2009; Ord. No. 12999, § 4(Exh. A), adopted March 16, 2010; Ord. No. 13028, § 2(Exh. A), adopted July 20, 2010, and Ord. No. 13064, § 2(Exh. A), adopted March 15, 2011.

Title and Intent. The provisions of this Chapter shall be known as the M-40 Industrial Zones Regulations. This Chapter establishes regulations for the (M-40) Heavy Industrial Zones. The intent of the M-40 Industrial Zones is 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.

(Ord. No. 13812, § 4(Exh. A), 7-30-2024; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013)

A.

Except for projects that are exempt from design review as set forth in Section 17.136.025, no Residential 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.

B.

No facility located within one hundred fifty (150) feet of any Residential Zone boundary and accommodating the following activities shall be constructed, established, or expanded in size unless plans for the proposal have been approved pursuant to the Regular Design Review procedure in Chapter 17.136:

Automobile and Other Light Vehicle Gas Station and Servicing Activity.

Automobile and Other Light Vehicle Repair and Cleaning Activity.

Freight/Truck Terminal.

Truck Yard.

Truck Weigh Stations.

Truck and Other Heavy Vehicle Sales, Rental, and Leasing.

Truck and Other Heavy Vehicle Service, Repair, and Refueling.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013)

Table 17.72.01 lists the permitted, conditionally permitted, and prohibited activities in the 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-40

Residential Activities

 Permanent —

 Residential Care —

 Supportive Housing —

 Transitional Housing —

 Emergency Shelter — 17.103.015

 Semi-Transient —

 Bed and Breakfast —

Civic Activities

 Essential Service P

 Limited Child-Care Activities C(L17)

 Community Assembly C

 Recreational Assembly C

 Community Education C(L17)

 Nonassembly Cultural P

 Administrative P(L2)

 Health Care —

 Special Health Care C(L3) 17.103.020

 Utility and Vehicular P(L4)

 Extensive Impact C 17.102.440

Commercial Activities

 General Food Sales P

 Full-service restaurants P

 Limited Service Restaurant and Cafe P

Fast-Food Restaurant C 17.103.030 and 8.09

 Convenience Market C 17.103.030

 Alcoholic Beverage Sales C 17.103.030 and 17.114.030

 Mechanical or Electronic Games P

 Medical Service P(L2)

 General Retail Sales P(L5)

 Large-Scale Combined Retail and Grocery Sales —

 Consumer Service P(L5)(L6)

 Consultative and Financial Service P(L2)

 Check Cashier and Check Cashing —

 Consumer Cleaning and Repair Service C

Consumer Dry Cleaning Plant C

 Group Assembly P(L7)

 Personal Instruction and Improvement Services P(L7)

 Administrative P(L2)

 Business, Communication, and Media Services P

 Broadcasting and Recording Services P

 Research Service P

 General Wholesale Sales P

 Transient Habitation —

 Building Material Sales P(L9)

 Automobile and Other Light Vehicle Sales and Rental P(L9)

 Automobile and Other Light Vehicle Gas Station and Servicing P(L8)(L9)

 Automobile and Other Light Vehicle Repair and Cleaning P(L8)(L9)

 Taxi and Light Fleet-Based Services P(L9)

 Automotive Fee Parking P

 Animal Boarding C

 Animal Care C

 Undertaking Service —

Industrial Activities

Custom Manufacturing P

 Light Manufacturing P(L9)

 General Manufacturing C(L10)(L1) 17.103.065

 Heavy/High Impact — —

 Research and Development P

 Construction Operations P(L9) 17.103.065

Warehousing, Storage, and Distribution-Related

  A. General Warehousing, Storage and Distribution P(L9)(L16) 17.103.065

  B. General Outdoor Storage P(L9)

  C. Self- or Mini-Storage C(L17)

  D. Container Storage P

  E. Salvage/Junk Yards P(L11)

 Regional Freight Transportation C(L1) 17.103.065

 Trucking and Truck-Related

  A. Freight/Truck Terminal P(L8)(L9)(L12) 17.103.065

  B. Truck Yard P(L8)(L9)(L12) 17.103.065

  C. Truck Weigh Stations P(L8)(L9)(L12) 17.103.065

  D. Truck and Other Heavy Vehicle Sales. Rental and Leasing P(L9)(L13) 17.103.065

  E. Truck and Other Heavy Vehicle Service, Repair and P(L8)(L9)(L12) 17.103.065 Refueling

Recycling and Waste-Related

  A. Satellite Recycling Collection Centers C

  B. Primary Recycling Collection Centers C(L1) 17.103.060 17.103.065

 Hazardous Materials Production, Storage, and Waste C(L13) Management-Related

Agriculture and Extractive Activities

 Plant Nursery P

 Limited Agriculture P(L14)

Extensive Agriculture C(L15)

 Mining and Quarrying C(L18)

Accessory off-street parking serving prohibited activities P 17.116.075

Additional activities that are permitted or conditionally C 17.102.110 permitted in an adjacent zone, on lots near the boundary thereof

Limitations on Table 17.72.01:

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.

L2. The total floor area devoted to these activities on any single lot may only exceed fifteen thousand (15,000) square feet upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure).

L3. 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.

L4. Communications equipment installation and exchanges are only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure).

L5. The total floor area devoted to these activities on any single lot may only exceed five thousand (5,000) square feet upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure).

L6. See Section 17.102.170 for special regulations relating to massage services and Section 17.102.450 for special regulations relating to laundromats.

L7. A Conditional Use Permit is required for entertainment, educational and athletic uses (see Chapter 17.134 for the CUP procedure). Also, 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.

L8. No facility accommodating these activities that is located within six hundred (600) feet of any Residential Zone boundary shall be constructed, established, or altered in exterior appearance, unless the proposal has been approved pursuant to the Design Review Procedure (see Chapter 17.136 for the Design Review Procedure).

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).

L10. Electroplating Activities are prohibited.

L11. Salvage/Junk Yards Industrial Activities in the M-40 Zone are only permitted upon the granting of a Conditional Use Permit if located within six hundred (600) feet of any Residential zone boundary (see Chapter 17.134 for the CUP procedure). The following regulations shall apply to all Salvage/Junk Yards Industrial Activities in the M-40 Zone that do not require a Conditional Use Permit: Except for accessory off-street parking, landscaping, and screening, said activities shall be conducted entirely within an enclosed building or behind a solid lumber, masonry, or sheet metal fence or wall not less than ten (10) feet high, subject to the standards for required landscaping and screening in Chapter 17.124. All openings in such fence or wall shall be equipped with solid gates or doors of the same height as the fence or wall, and said gates or doors shall be kept securely closed at such times as the establishment is not open for business. Open storage of vehicles and other scrap material shall not exceed fifteen (15) feet in height.

L12. Only permitted upon the granting of a Conditional Use Permit (see Section 17.134 for the CUP procedure) in all areas between Interstate 980 to the east, Interstate 880 to the south and west, and Interstate 580 to the north.

L13. These activities are prohibited when located within two thousand (2,000) feet of a Residential Zone boundary. When not within two thousand (2,000) feet of a Residential Zone boundary, Hazardous Materials Production, Storage, and Waste Management 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:

a. That the project is not detrimental to the public health, safety or general welfare of the community;

b. That the project is or will be adequately served by roads and other public or private service facilities;

c. That the project is consistent with the regional fair-share facility needs assessment and siting criteria established in the Alameda County Hazardous Waste Management Plan;

d. That the cumulative effects of locating the project within the proposed area have been analyzed and where applicable, measures to minimize impacts have been incorporated into the project.

L14. 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).

L15. 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.

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).

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. Prohibited 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).

(Ord. No. 13812, § 4(Exh. A), 7-30-2024; Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13518, § 4(Exh. A), 2-5- 2019; 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. 13248, § 3(Exh. A), 7-15-2014; Ord. No. 13172, § 3(Exh. A), 7-2-2013)

Table 17.72.02 lists the permitted, conditionally permitted, and prohibited facilities in the M-40 Zone. 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-40

Residential Facilities

 One-Family Dwelling —(L1) 17.103.015

 Two- to Four-Family Dwelling —(L1) 17.103.015

 Multifamily Dwelling —(L1) 17.103.015

 Rooming House —(L1) 17.103.015

 Vehicular —(L1) 17.103.015

Nonresidential Facilities

 Enclosed Nonresidential P

 Open Nonresidential P(L2)

 Sidewalk Cafe P 17.103.090

 Drive-In P

 Drive-Through C 17.103.100

Telecommunications Facilities

 Micro Telecommunications P 17.128

 Mini Telecommunications P 17.128

 Macro Telecommunications P 17.128

 Monopole Telecommunications P 17.128

 Tower Telecommunications C 17.128

Sign Facilities

 Residential Signs P 17.104

 Special Signs P 17.104

 Development Signs P 17.104

 Realty Signs P 17.104

 Civic Signs P 17.104

Business Signs 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.

L2. 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).

(Ord. No. 13812, § 4(Exh. A), 7-30-2024; 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. 13518, § 4(Exh. A), 2-5-2019; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13270, § 3(Exh. A), 11-18-2014; Ord. No. 13172, § 3(Exh. A), 7-2-2013)

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-40

Minimum Lot Frontage 25 feet 1

Minimum/Maximum Setbacks

 Minimum front 0 ft. 2

 Minimum interior side 0 ft. 3

 Minimum street side 0 ft. 4

 Rear (Nonresidential Facilities) 0/10 ft. 5, 6

Maximum Height None 7

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:

1. See Section 17.106.020 for exceptions to street frontage regulations.

2. If fifty percent (50%) or more of the frontage on one (1) side of the street between two (2) 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 (1) 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 (see Illustration for Table 17.72.03 [Additional Regulation 2], below).

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

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

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.

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.

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.

(Ord. No. 13812, § 4(Exh. A), 7-30-2024; Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2- 16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013)

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-40 Zone, and certain of the other regulations applying in said zone may be waived or modified. The normally required design review process may also be waived for developments at the time of initial granting of a Planned Unit Development (PUD) permit. Unless otherwise specified in the PUD permit, any future changes within the Planned Unit Development shall be subject to applicable design review regulations.

(Ord. No. 13812, § 4(Exh. A), 7-30-2024; 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)

Editor's note— Ord. No. 13677, § 4(Exh. A), adopted Jan. 18, 2022, amended the title of § 17.72.060 to read as herein set out. The former § 17.72.060 title pertained to special regulations for Mini-Lot and Planned Unit Developments.

A.

Performance Standards.

In the M-40 Zone, 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-40 Zone.

E.

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

F.

Landscaping and Screening Standards. The regulations set forth in Chapter 17.124 shall apply in the M-40 Zone.

G.

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. 13812, § 4(Exh. A), 7-30-2024; Ord. No. 13779, § 2(Exh. A), 1-16-2024; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013)