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 primary dwelling unit, and the provisions of Section 17.102.300 with respect to dwelling units with five (5) or more bedrooms.

6. 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.

7. The following apply to open space standards. These requirements shall supersede those in Chapter 17.126:

a. Areas occupied by vents or other structures which do not enhance usability of the space shall not be counted toward the listed dimension.

b. 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 railings or balustrades, for eight (8) feet above its floor level.

c. 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.

d. 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 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.

te 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.

e. Landscaping requirements. At least ten percent (10%) of rooftop or courtyard usable open space area shall include landscaping enhancements. At least twenty percent (20%) of public ground-level plaza 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.

8. In-Lieu Fee: The open space requirements of this Section may be reduced or waived upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure) and payment of an in-lieu fee to the City of Oakland to be used to pay for new public open space/plaza(s) or existing public open space/plaza(s) improvements. The open space in-lieu fee shall be as set forth in the Master Fee Schedule. Open space in-lieu fees shall be deposited with the City of Oakland prior to issuance of a building permit. An open space in-lieu fee may be refunded, without interest, to the person who made such payment, or his assignee or designee, if additional open space is provided for such building so as to satisfy the open space

requirement for which the in-lieu payment was made. To obtain a refund, the required open space must be in place prior to issuance of a certificate of occupancy and before funds are spent or committed by the City.

9. Notwithstanding anything to the contrary contained in the Planning Code, variances may not be granted relating to: (a) a reduction and/or elimination of any open space; or (b) a reduction and/or elimination of any open space serving any activity, or if already less than currently required open space, shall not be reduced further below the requirements prescribed for such activity in this Chapter, as the granting of a CUP (see Chapter 17.134 for the CUP procedure) and payment of the in-lieu fee shall be the sole means of reducing or eliminating open space, except as provisions in state and local law requiring regulatory concessions for certain types of affordable and senior housing projects may apply.

C.

Retail Priority Sites Minimum Square Footage of Retail Area for Residential Facilities Bonus. Table 17.101C.05 below prescribes the minimum square footage of retail area required for each Retail Priority Site before a Residential or Transient Habitation Activity or Facility, or taller Nonresidential or Mixed Use Facility is allowed. The number designations in the "Additional Regulations" column refer to regulations below the table.

Table 17.101C.05 Retail Priority Sites Minimum Square Footage of Retail Area for Residential Facilities Bonus

Minimum Retail Area (SF) Required to Develop Residential Facilities Bonus Retail SF/ Retail SF/ Additional Regulation 50% of Retail 60% of Retail Regulations Residential Unit Residential Unit Priority Site Area Priority Site Area Bonus Bonus

Retail Priority Site 38,706 sf 125 Retail SF 46,447 sf 100 Retail SF 1, 2, 3, 4, 5, 6 1

Retail Priority Site 15,572 sf 125 Retail SF 18,686 sf 100 Retail SF 1, 2, 3, 4, 5, 6 2

Retail Priority Site 3

 3 (a) 22,745 sf 125 Retail SF 27,293 sf 100 Retail SF 1, 2, 3, 4, 5, 6

 3 (b) 22,388 sf 125 Retail SF 26,865 sf 100 Retail SF 1, 2, 3, 4, 5, 6

 3 (c) 17,738 sf 125 Retail SF 21,285 sf 100 Retail SF 1, 2, 3, 4, 5, 6

 3 (a) and (b) 45,133 sf 125 Retail SF 54,158 sf 100 Retail SF 1, 2, 3, 4, 5, 6

 3 (b) and (c) 40,126 sf 125 Retail SF 48,150 sf 100 Retail SF 1, 2, 3, 4, 5, 6

Retail Priority Site 4

 4 (a) 23,465 sf 125 Retail SF 28,157 sf 100 Retail SF 1, 2, 3, 4, 5, 6

 4 (b) 54,567 sf 125 Retail SF 65,480 sf 100 Retail SF 1, 2, 3, 4, 5, 6

 4 (a) and (b) 78,032 sf 125 Retail SF 93,637 sf 100 Retail SF 1, 2, 3, 4, 5, 6

Retail Priority Site 5

 5 (a) 45,905 sf 125 Retail SF 55,086 sf 100 Retail SF 1, 2, 3, 4, 5, 6

5 (b) 26,769 sf 125 Retail SF 32,122 sf 100 Retail SF 1, 2, 3, 4, 5, 6

 5 (c) 21,935 sf 125 Retail SF 26,322 sf 100 Retail SF 1, 2, 3, 4, 5, 6

 5 (a) and (b) 72,674 sf 125 Retail SF 87,208 sf 100 Retail SF 1, 2, 3, 4, 5, 6

 5 (b) and (c) 48,704 sf 125 Retail SF 58,444 sf 100 Retail SF 1, 2, 3, 4, 5, 6

 5 (a), (b), and (c) 94,609 sf 125 Retail SF 113,530 sf 100 Retail SF 1, 2, 3, 4, 5, 6

Additional Regulations for Table 17.101C.05:

1. See additional regulations in Table 17.101C.06: Retail Priority Sites: Height, Floor Area Ratio (FAR), Residential Bonus, and Open Space.

2. The following are regulations for retail square footage minimums:

a. The following contribute to the retail square footage minimums:

i. Retail floor area (see Limitation L12 in Table 17.101C.01 for all of the complementary activities that count as retail floor area);

ii. Internal pedestrian stairs, corridors, and circulation;

iii. Ground-floor public plaza/open space located on-site or adjacent off-site.

b. Utilization of existing buildings towards new retail floor area can count toward the retail square footage. In the case of a CEQA Historic Resource:

i. New retail square footage in a CEQA Historic Resource can count double towards the retail square footage required to obtain a residential bonus; or

ii. If a CEQA Historic Resource is maintained and not used for retail, the area of its footprint can be deducted from the overall square footage of the Retail Priority Site in determining the square footage of retail required.

c. Square footage of the following do not count towards the retail square footage minimum:

i. Loading dock;

ii. Parking;

iii. Driveways, ramps, and circulation for cars and trucks.

3. If a project is phased, the minimum retail portion must be built first or concurrently with any residential portion. Any additional residential bonus units that are dependent on additional retail square footage may also only be built after the retail project or concurrently. If determined by the Director of City Planning, an applicant may be required to submit a financial guarantee, in a form and manner acceptable to the City, that the retail space will be built as part of the conditions of approval of the project.

4. An applicant that provides a retail project that equals at least sixty percent (60%) of the square footage of the Retail Priority Site may transfer the development rights of residential bonus units and height from one retail priority site to a different lot within the same retail priority site or to a lot within a different retail priority site upon the granting of a Conditional Use Permit (CUP). A CUP to transfer development rights of residential bonus units may be granted only upon determination that the proposal conforms to the general use permit criteria contained in Section 17.134.050 and to each of the following additional criteria:

a. The applicant has acquired development rights from the owner(s) of lots within a Retail Priority Site Zone, restricting the number of residential units which may be developed thereon so long as the facilities proposed by the applicant are in existence;

b. The owners of all such lots shall prepare and execute an agreement, approved as to form and legality by the City Attorney and filed with the Alameda County Recorder, incorporating such restriction;

c. The proposed location and site planning of any transferred residential bonus units will not make infeasible future construction of the minimum retail square footage required at that Retail Priority Site;

d. Residential bonus units can only be transferred to a lot that cannot meet the minimum retail square footage required in that Retail Priority Site to build residential;

e. The site receiving the transferred residential units must include retail area on the ground floor pursuant to the requirements of the D-BV-1 Broadway Retail Priority Sites Zone; and

f. Retail floor area that existed prior to the effective date of this Chapter (July 31, 2014) cannot count towards the retail square footage needed for transfer of development rights for residential bonus units to other Retail Priority Sites.

5. For a bonus of residential units, the State Density Bonus can be applied by providing affordable housing units (see California Government Code, Section 65915-65918, as implemented by Chapter 17.101 of the Oakland Planning Code) or an applicant can utilize the following residential bonus within a Retail Priority Zone. However, these bonuses cannot be combined. The affordable units can be built on site or on another site within any D-BV Zone. The residential bonus shall not be included when determining the number of target units that must be affordable to the relevant income group. If fifteen percent (15%) of the total Dwelling Units of a Residential Housing Development are affordable, an additional residential bonus of thirty-five percent (35%) will be granted when an applicant for a Residential Housing Development seeks, and agrees to construct, at least any one of the following categories (which are defined in Section