2.5 ft. N/A N/A 2.5 ft. N/A 8

ground floor living space

Additional Regulations for Table 17.101G.03:

1. See Sections 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 or Automobile and Other Light Vehicle Gas Station and Servicing Commercial Activities as principal activities.

c. These maximum yards apply to seventy-five percent (75%) of the street frontage on the principal street and fifty percent (50%) on other streets, if any. 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 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. This regulation is the average setback distance, measured from the mean high tide line, along the total length of channel frontage involved in a project, with a minimum setback at any point of forty (40) feet.

5. 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 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 activity space or lobbies. Glass block does not qualify 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.

6. 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.

7. This regulation only applies to new construction of ground floor storefronts as part of a mixed use development project. Also see Lake Merritt Station Area Plan Design Guidelines for further guidance.

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.

Height, Bulk, and Intensity Area Specific Standards. Table 17.101G.04 below prescribes height, bulk, and intensity standards associated with the height/bulk/intensity areas described in the Zoning Maps. 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 17.101G.04 Height, Density, Bulk, and Tower Regulations

Regulation Height/Bulk/Intensity Areas Notes

LM-45 LM-95 LM-175 LM-275

Maximum Height

Building Base 45 ft. 45 ft. 45 ft. base; 45 ft. base; 1

95 ft. base upon 95 ft. base upon
granting of CUP and granting of CUP and
additional findings in additional findings in
Note 2.a, b, c Note 2.a, b, c

Maximum Height Total 45 ft. 95 ft. 175 ft. 275 ft. 2

Height Area Exceptions N/A LM-175 standards LM-275 standards Not applicable 2 Allowed With Conditional allowed for 5 bldgs. allowed for 3 bldgs. Use Permit (CUP) total (2 on east side total and 3 on west side of Lake Merritt Channel);

LM-275 standards allowed for 3 bldgs. total (1 on east side and 2 on west side of Lake Merritt Channel)

Minimum Height

New principal buildings 25 ft. 35 ft. 35 ft. 35 ft. 3

Maximum Residential Density (Square Feet of Lot Area Required Per Unit)

Regular Dwelling Unit 450 225 110 110 2, 4

Rooming Unit 225 110 55 55 2, 4

Efficiency Dwelling Unit 225 110 55 55 2, 4

Maximum Nonresidential Intensity (Floor Area Ratio)

Maximum Nonresidential 2.5 5 8 12 2, 4 Floor Area Ratio (FAR) 7.2 if on BART-owned parcel subject to AB2923 (2018)

Tower Regulations

Setback of Tower from N/A 0 ft., for buildings not 20 ft., along at least 20 ft., along at least See Building Base exceeding 95 ft. in 50% of the perimeter 50% of the perimeter additional height length of the building length of the building CUP   base; base; findings in 10 ft., along at least     Note 2 50% of the perimeter 10 ft., along at least 10 ft., along at least below length of base for 50% of the perimeter 50% of the perimeter buildings exceeding length of base upon length of base upon 95 ft. in height granting of CUP and granting of CUP and additional findings in additional findings in Note 2.a, b, c Note 2.a, b, c

Maximum average per N/A N/A 70% of site area or 80% of site area or 2, 5 story lot coverage above 15,000 sf, whichever 15,000 sf, whichever building base is greater is greater

Maximum tower elevation N/A N/A 150 ft. 150 ft. 2, 5 length

Maximum diagonal length N/A N/A 180 ft. 180 ft. 2, 5

Minimum distance N/A N/A 50 ft. 50 ft. 2 between towers on the same lot

Notes:

1. See Section 17.108.030 for allowed projections above height limits and Section 17.108.020 for increased height limits in certain situations.

2. Height Area Exceptions. In Height/Bulk/Intensity Areas LM-95 and LM-175, a limited number of buildings, as prescribed above in Table 17.101G.04, may be allowed to utilize the same height/bulk/intensity standards that typically apply to either Height/Bulk/Intensity Area LM-175 or LM-275 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 the following additional use permit criteria:

a. The proposal is consistent with the intent and desired land use character identified in the Lake Merritt Station Area Plan and its associated policies;

b. The proposal will promote implementation of the Lake Merritt Station Area Plan; and

c. The proposal is consistent with the desired visual character described in the Lake Merritt Station Area Plan and Lake Merritt Station Area Design Guidelines, with consideration given to the existing character of the site and surrounding area.

The following application process for a height area exception shall be followed:

i. Applications for any of the limited number of allowed height area exceptions prescribed in Table 17.101G.04 shall be reviewed on a first come, first served basis.

ii. A project shall secure a position as one of the specified height area exceptions following final Conditional Use Permit approval. Such Conditional Use Permits shall include a condition of approval that establishes a schedule for: submittal of a building permit application, timely response to plan check comments, payment of building permit fees such that a building permit can be issued, and commencement of construction. The process for allowing extension of the timeline requirements, if any, shall be specified in the condition.

iii. Failure of a permittee to strictly comply with the schedule established by the Conditional Use Permit shall be grounds for revocation of the Conditional Use Permit pursuant to Chapter 17.134.

Notwithstanding the provisions above, BART owned properties subject to Assembly Bill (AB) 2923 (2018) shall be permitted a building height of up to twelve (12) stories for all activities.

3. This minimum height excludes the height of the allowed projections into the height limit contained in