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.

L3. See Section 17.103.010 for other regulations regarding Residential Care Residential Activities, and Sections 17.103.010 and 17.103.015 for other regulations regarding Emergency Shelter Residential

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

L4. Permanent Residential Activities are only permitted in the OS-RSP Zone upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure), and only if the extent of the activity meets the definition of "Caretaker's quarters" in Section 17.09.050.

(Ord. No. 13826, § 2(Exh. A), 12-17-2024)

17.101B.110 - Maximum Residential Density.

A.

The residential density for the overall 63.82-acre Oak To Ninth District (Brooklyn Basin) area averages approximately fifty-eight (58) dwelling units per gross acre, and approximately one hundred and sixty-seven (167) dwelling units per net acre. The density is distributed over thirteen development parcels or areas as shown in Table 17.101.B.02 and Table 17.101.B.03.

Table 17.101B.02: Maximum Residential Density

Density Gross Acres Net Developable Acres

Site Area 63.82 22.18

Number of Residential Units 3,700 3,700

Average Residential Density 58 du/gross acre 140 du/net acre*

*Net developable acres exclude 9.18 acres of roads.

Table 17.101B.03: Development Parcels or Areas

             A    B    C    D     E      F*     G*   H     J     K     L   M    N       Total

Net 2.38 1.53 1.48 1.46 1.20 1.75 2.72 2.08 1.84 1.69 1.45 2.60 0 22.18 Acres

Number of Dwelling 254 241 241 240 200 211 340 410 390 360 240 573 0 3,700 Units (D.U.)

D.U./Net Acre 107 158 163 164 167 120 125 197 211 213 165 220 0 167

*These two parcels are designated for 465 units of affordable housing. Refer to the Conditions of Approval for the Brooklyn Basin/Oak-to-Ninth Development Project and the Development Agreement, Exhibit L, for the details of the affordable housing obligations.

Density Transfer. Unused allowable densities, or number of units approved for a development parcel may be used on, or transferred to, another development parcel. The number of dwelling units per development parcel may increase or decrease provided that:

(1) The number of dwelling units being transferred does not exceed more than thirty-three percent (33%) of the allocation of the development parcel receiving the transferred units (more than thirty-three percent (33%) up to fifty percent (50%) of the dwelling units may be transferred subject to design review approval);

(2) The total number of dwelling units does not exceed three thousand seven hundred (3,700) for the entire Oak to Ninth Mixed Use Development Project;

(3) The average density for the entire project does not exceed one hundred sixty-seven (167) dwelling units per net acre; and

(4) The height of the buildings where the density is being transferred does not exceed the building heights approved in the Preliminary Development Plan (PDP), unless specified in the PDP.

(Ord. No. 13826, § 2(Exh. A), 12-17-2024)

17.101B.120 - Maximum Retail and Commercial Square Footage.

Approximately two hundred thousand (200,000) square feet of retail, commercial, and civic uses is distributed throughout the project area primarily on the ground floor level of the structures with residential units above. The remaining portion of the Ninth Avenue Terminal is also included in this total.

(Ord. No. 13826, § 2(Exh. A), 12-17-2024)

17.101B.130 - Building Height.

Height limits throughout the project area range from eighty-six (86) feet to two hundred forty (240) feet. The height of mid-rise structures on designated parcels can increase up to one hundred and twenty (120) feet; however, the heights of the 240-foot towers cannot be increased. Any increases in density and height will need to be approved by the Planning Commission when considering the Final Development Plan or architectural design review for a development project that is not part of the Final Development Plan submittal.

(Ord. No. 13826, § 2(Exh. A), 12-17-2024)

17.101B.140 - Yards and Setbacks.

All front, side, rear, and comer side yard setbacks will be determined through the design review approval process and must conform to the Preliminary Development Plan, Final Development Plan, Oak-to-Ninth Mixed Use Development Design Guidelines, and Vesting Tentative Tract Map No. 7621, if specified. Appropriate buffer treatments may be required of buildings adjacent to other zoning district boundaries or between uses that the Planning Director has determined to be potentially incompatible. Buffer treatments could include, but are not limited to, a combination of setbacks, visual buffers, barriers, or dense landscaping.

(Ord. No. 13826, § 2(Exh. A), 12-17-2024)

17.101B.150 - Lot Area, Width, and Frontage.

All lot area, width, and frontage requirements will be determined through the design review approval process and must conform to the Preliminary Development Plan, Final Development Plan, Vesting Tentative Tract Map No. 7621, and Oak-to-Ninth Mixed Use Development Design Guidelines, if specified.

(Ord. No. 13826, § 2(Exh. A), 12-17-2024)

17.101B.160 - Usable Open Space Standards.

Residential Uses - A minimum of one hundred fifty (150) square feet per residential unit must be provided as usable open space. Each square foot of private usable open space conforming to the provisions of Section 17.126.040 shall be considered equivalent to two square feet of required group usable open space and may be so substituted. Group open space may be located anywhere on the same development parcel including the roof of any building on the site.

(Ord. No. 13826, § 2(Exh. A), 12-17-2024)

17.101B.170 - Landscaping, Paving, and Buffering.

A detailed landscaping, paving, and buffering plan shall be submitted for every development project, consistent with the Preliminary Development Plan or Final Development Plan, the Oak to Ninth Design Guidelines, and Chapter 17.124 except as noted below, and shall contain the following:

An automatic system of irrigation for all landscaping shown in the plan;

A minimum of one (1) fifteen-gallon tree, or substantially equivalent landscaping as approved by the Planning Director, shall be provided for every 20 to 25 feet of street frontage or portion thereof. On streets with sidewalks where the distance from the face of the curb to the outer edge of the sidewalk is at least six and one-half (6½) feet, the trees to be provided shall include street trees to the satisfaction of the Public Works Agency.

For surface parking lots greater than three thousand (3,000) square feet in size, at least one tree shall be provided for every six (6) parking spaces.

For surface parking lots adjacent to private property or public open space, buffering shall be provided to minimize potential impacts between uses.

For buildings adjacent to other zoning district boundaries, or between uses that the Planning Director has determined to be potentially incompatible, buffer treatments should be applied and could include, but are

not limited to, a combination of setbacks, visual buffers, barriers, or dense landscaping. This does not apply to development which is separated from public open space by a street right-of-way.

(Ord. No. 13826, § 2(Exh. A), 12-17-2024)

17.101B.180 - Parking Requirements.

Parking and Loading Standards shall be consistent with Chapter 17.116, unless as specified below in Table 17.101B.04.

Table 17.101B.04: Parking Requirements

Parking Standard Zoning Districts

•                     D-OTN                    OS-RSP
  

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

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

Parking Spaces Required for One (1) space for each 500 N/A Commercial Activities square feet of floor area, except that no parking shall be required if located within one-half (½) mile of a major transit stop, as defined in Section 21155 of the Public Resources Code.

Parking Spaces Required for One (1) space for each five (5) One (1) space for each 5 boat Marinas boat slips. slips.

Parking Spaces Required per N/A Five (5) spaces for each one (1) Acre of Public Open Space acre of Public Open Space.

Parking Spaces Required for N/A One (1) space for each 1,400 Jack London Aquatic Center square feet of floor area.

Note: A seventy-five percent (75%) reduction in parking is permitted for housing for persons who are physically disabled, or who are sixty (60) years or older, and the occupancy of the units is guaranteed for at least fifty (50) years (See Chapter 17.116.110).

(Ord. No. 13826, § 2(Exh. A), 12-17-2024)

17.101B.190 - Signs.

Signs in the Oak-to-Ninth District (Brooklyn Basin) area shall be consistent with the adopted Master Sign Plan requirements listed below:

A.

Individual Signs. Individual signs not part of an approved Master Sign Plan are subject to design review in accordance with Chapter 17.104.

B.

Master Sign Plan. A master sign plan shall be submitted with each Final Development Plan to be approved by the Planning Commission. The decision of the Planning Commission may be appealed to the City Council. Applications for approval of a master sign plan shall include the following:

A master sign program, drawn to scale, delineating the site proposed to be included within the signing program and the general location of all signs;

Drawings and/or sketches indicating the exterior surface details of all buildings on the site on which wall signs, directory signs, ground signs, or projecting signs are proposed;

A statement of the reasons for any requested modifications to the regulations or standards of Chapter 17.104;

A written program specifying sign standards, including color, size, construction details, placement, and necessity for City review for distribution to future tenants.

C.

Master Sign Plan Approval. In approving a master sign program, the Director shall find:

That the plan's contribution to the design quality of the site and surrounding area will be superior to the quality that would result under the regulations and standards of Section 17.104.

That the proposed signs are compatible with the style or character of existing improvements on the site and are well-related to each other.

That future tenants will not be denied adequate opportunities for identification if transfers of sign area from one building frontage to another are proposed by the master sign plan.

Roof and penthouse signs are permitted provided that the signs are integrated with the design and materials of the building, subject to design review by the Planning Director. No more than one sign is approved per phase unless approved by the Planning Director.

One Master Identification Sign visible to the I-880 freeway is permitted for the project subject to design review by the Planning Director.

The Planning Director may require any reasonable conditions necessary to carry out the intent of the master sign plan requirements while still permitting each sign user opportunities for effective identification and communication.

D.

Prohibited Location, Sign Type, and Message. The following types of signs and locations of signs are prohibited:

A sign in a required yard adjoining a street property line which interferes with driveway visibility. Visibility of a driveway crossing a street property line shall not be blocked between a height of two and one-half (2.5) feet and seven (7) feet for a depth of five (5) feet from the street property line as viewed from the edge of the right-of-way on either side of the driveway at a distance of fifty (50) feet or at the nearest property line intersecting the street property line, whichever is less.

Moving, flashing or animated signs, balloons or similar inflated signs, portable signs, searchlights, flags, pennants, streamers, spinners or similar devices, except as specifically authorized by the Planning Director.

Signs with lighting, colors, design or text that could be confused with a public traffic directional sign or control device.

Signs containing statements, words, pictures, or other representations which are in reference to obscene matter which violates the California Penal Code Section 311 et seq.

Exterior signs made of materials that are impermanent and will not stand exposure to weather.

Signs affixed to any vehicle or trailer on a public street or public or private property unless the vehicle or trailer is intended to be used in its normal business capacity and not for the sole purpose of attracting business.

(Ord. No. 13826, § 2(Exh. A), 12-17-2024)

Chapter 17.101C - D-BV BROADWAY VALDEZ DISTRICT COMMERCIAL ZONES REGULATIONS[48]

Footnotes: --- (48) ---

Editor's note— Ord. No. 13241, § 5(Exh. A), adopted July 1, 2014, amended Chapter 17.101C in its entirety to read as herein set out. Formerly, Chapter 17.101C, §§ 17.101C.010—17.101C.100 pertained to the D-BR Broadway retail frontage district interim combining zone regulations, and derived from Ord. No. 13059, § 2(Exh. A), adopted March 1, 2011; Ord. No. 13151, § 2(Exh. A), adopted February 5, 2013, and Ord. No. 13172, § 3(Exh. A), adopted July 2, 2013.

17.101C.010 - Title, intent, and description.

A.

Title and Intent. The intent of the D-BV Broadway Valdez District Commercial Zones is to implement the Broadway Valdez District Specific Plan. The Broadway Valdez District Specific Plan area is divided into two subareas: the Valdez Triangle and the North End. These regulations shall apply to the Broadway Valdez District (D-BV) Zones.

The intent for the Valdez Triangle subarea regulations is to:

a.

Create a recognized Oakland destination that provides a mix of uses that contributes to around-the-clock activity with people present both day and night, and on weekdays and weekends.

b.

Create a destination retail district that addresses the City's need for comparison goods shopping complemented with local-serving retail, dining, entertainment, office, and service uses.

c.

Encourage, support, and enhance a mix of small, medium, and large-scale retail, commercial, dining, entertainment, arts, cultural, office, residential, service, public plaza, and visitor uses.

d.

Encourage and enhance a pedestrian-oriented streetscape with street-fronting retail and complementary dining and entertainment uses.

e.

Establish a pedestrian, bicycle, and transit-oriented district that accommodates vehicular access.

The intent for the North End subarea regulations is to:

a.

Create an attractive, mixed-use boulevard that links the Downtown and Valdez Triangle areas to the Pill Hill, Piedmont, and North Broadway areas, and is integrated with the adjoining residential and health care- oriented neighborhoods.

b.

Encourage horizontally or vertically mixed use development that complements the Valdez Triangle and addresses the needs of adjoining and nearby neighborhoods with the potential of serving some regional needs close to Interstate 580.

c.

Encourage uses that complement and support the adjoining medical centers, such as professional and medical office uses, medical supplies outlets, and visitor and workforce housing.

d.

Encourage existing and new automotive sales that incorporate an urban format with a showroom and repair shop providing car storage either in a structured garage or in an off-site location.

B.

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

D-BV-1 Broadway Valdez District Retail Priority Sites - 1 Commercial Zone. The intent of the D-BV-1 Zone is to establish Retail Priority Sites in the Broadway Valdez District Specific Plan Area in order to encourage a core of comparison goods retail with a combination of small-, medium-, and large-scale retail stores. Priority Sites 3 and 5 are further divided into subareas a, b, and c and Priority Site 4 into subareas a and b as shown in the Height Area Map. Each Retail Priority Site and subarea will have a specified minimum square footage of retail required prior to Residential or Transient Habitation Activities and Facilities being permitted.

D-BV-2 Broadway Valdez District Retail - 2 Commercial Zone. The intent of the D-BV-2 Zone is to create, maintain, and enhance areas of the Broadway Valdez District Specific Plan Area for ground-level retail, restaurants, entertainment, and art activities with pedestrian-oriented, active storefront uses. Upper-story spaces are intended to be available for a wide range of Office and Residential Activities.

D-BV-3 Broadway Valdez District Mixed Use Boulevard - 3 Commercial Zone. The D-BV-3 Zone is intended to create, maintain, and enhance areas with direct frontage and access along Broadway, 27 th Street, Piedmont Avenue, and Harrison Street. A wider range of ground-floor office and other commercial activities are allowed than permitted in the D-BV-2 Zone with upper-story spaces intended to be available for a broad range of Residential, Office, or other Commercial Activities. Mixed uses can either be vertical and/or horizontal.

D-BV-4 Broadway Valdez District Mixed Use - 4 Commercial Zone. The D-BV-4 Zone is intended to create, maintain, and enhance areas that do not front Broadway, 27 th Street, Piedmont Avenue, or Harrison Street, and allows the widest range of uses on the ground floor including both residential and commercial businesses. Upper-story spaces are intended to be available for a broad range of Residential or Commercial Activities.

C.

Description of Combining Zone. This Chapter establishes land use regulations for the following combining zone:

N North Large Development Site Combining Zone. The intent of the N Combining Zone is to encourage more active commercial uses on those sites that have deeper lots that front along Broadway. Incentives for large developments are included. When a primary zone is combined with the N Combining Zone, the N Combining Zone permitted uses supersede those of the primary zone.

(Ord. No. 13393, § 2(Exh. A), 10-4-2016; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13241, § 5(Exh. C), 7-1-2014)

17.101C.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.

(Ord. No. 13241, § 5(Exh. C), 7-1-2014)

17.101C.030 - Permitted and conditionally permitted activities.

Table 17.101C.01 lists the permitted, conditionally permitted, and prohibited activities in the D-BV 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 17.101C.01: Permitted and Conditionally Permitted Activities

                                                                                       Combining
                                          Base Zones
                                                                                         Zone*           Additional

Activities Regulations D-BV-1 D-BV-2 D-BV-3 D-BV-4 N *

Residential Activities

 Permanent C(L2)(L3) P(L3)(L4) P(L3)(L5) P(L3)(L6) P(L3)(L6)

                                                      C(L1)(L2)    P(L1)(L3)    P(L1)(L3)    P(L1)(L3)    P(L1)(L3)

 Residential Care 17.103.010 (L3) (L4) (L5) (L6) (L6)

 Supportive Housing C(L2)(L3) P(L3)(L4) P(L3)(L5) P(L3)(L6) P(L3)(L6)

 Transitional Housing C(L2)(L3) P(L3)(L4) P(L3)(L5) P(L3)(L6) P(L3)(L6)

 Emergency Shelter P(L1)(L7) P(L1)(L7) P(L1)(L7) P(L1)(L7) P(L1)(L7) 17.103.010

 Semi-Transient — — — — —

 Bed and Breakfast — C C C C 17.10.125

Civic Activities

 Essential Service P(L20) P(L20) P(L20) P P(L20)

Limited Child-Care Activities P(L4) P(L4) P(L4) P P(L6)

 Community Assembly C(L4) C C C C

 Recreational Assembly P P P P P

 Community Education P(L4) P(L5) P(L5) P P

 Nonassembly Cultural P P P P P

 Administrative P(L4) P(L6) P(L5) P P(L6)

 Health Care C(L4) P(L6) P(L5) P P(L6)

                                                                            C(L9)

 Special Health Care — — C(L9) C(L9)(L10) 17.103.020 (L10)

 Utility and Vehicular C C C C C

 Extensive Impact C C C C C

Commercial Activities

 General Food Sales P(L12) P P P P

 Full-service restaurants P(L12) P P P P

 Limited Service Restaurant and Cafe P(L12) P P P P