Section 4.1.

Additional Regulations for Table 17.101E.03:

1. See Table 17.101E.04 for reduced setbacks for smaller lots, and Sections 17.106.010 and 17.106.020 for exceptions to lot area, lot width mean, and street frontage regulations.

2. In the D-CE-3 Zone, minimum yards shall be consistent with the adopted "Design Guidelines for the Central Estuary". In the D-CE-4 Zone, the minimum front setback shall be reduced to 0 feet along all lot lines designated as Public Frontages on the Zoning Map (see Section 17.101E.060 for a description of this frontage type). See also Section 17.108.130 for allowed projections into setbacks, and see the "Design Guidelines for the Central Estuary", Sections 3.3 and 4.1.

3. In the D-CE-3 and D-CE-4 Zones, see Section 17.108.080 for the required interior side and rear yard setbacks on a lot containing two (2) or more dwelling units, excluding any permitted Accessory Dwelling Units, and opposite a legally required living room window. 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 five (5) feet. Also, wherever a rear lot line abuts another lot where the existing primary facility is nonresidential, the required minimum rear setback shall be reduced to five (5) feet. See Section 17.108.130 for allowed projections into setbacks.

4. Buildings shall have a thirty (30) foot maximum height at the required setback line associated with any rear lot line that directly abuts a lot with a residential building. This maximum height shall increase one (1) foot for every foot away from the applicable setback line if the residential building on the abutting lot has a height of thirty (30) feet or less. If the residential building on the abutting lot has a height of greater than

thirty (30) feet, the maximum height shall increase four (4) feet for every foot away from the applicable setback line. An increase in allowable height shall not exceed the maximum height allowed in the zone. See Section 17.108.030 for allowed projections above height limits and Section 17.108.020 for increased height limits in certain situations.

5. See the "Design Guidelines for the Central Estuary", Sections 3 and 4, to ensure that proposed buildings in the D-CE-3 Zone are scaled to a context that will be compatible with adjacent uses.

6.  In the D-CE-3 Zone, the maximum heights may be exceeded in the following situations: Structures that are either: 1) on lots adjacent to, or directly across the street from a freeway right-of-way or Bay Area Rapid Transit (BART) right-of-way that contains above-ground tracks; or 2) located within the closest one hundred twenty-five (125) feet of the lot from the freeway or BART right-of-way are eligible for a ninety-five (95) foot height limit. This additional height is permitted only upon the granting of a Conditional Use Permit (see Chapter 17.134) and approval pursuant to the Design Review procedure (see Chapter 17.136). See also the "Design Guidelines for the Central Estuary", Sections 3 and 4.

7. In the D-CE-3 Zone, the outdoor storage of materials shall not exceed sixteen (16) feet in height on a lot. Further, outdoor storage may not be higher than eight (8) feet if both: (1) the storage is within fifteen (15) feet from any property line of a lot containing Residential Activities and (2) the storage faces any windows of a Residential Facility. Outdoor storage may also not be higher than eight (8) feet if it is within fifteen (15) feet from the front property line. The height of all outdoor storage shall also be restricted according to the Oakland Fire Code regulations. Sites with outdoor storage shall be screened in conformance to the "Design Guidelines for the Central Estuary". In the D-CE-5 and D-CE-6 Zones, the height of outdoor materials stored within the required side or rear setback shall be no higher than eight (8) feet. However, outdoor materials may be stored up to ten (10) feet if they are no higher than a solid masonry wall that is located between the materials and the property line associated with the required setback in which the materials are located. In this case, buffer planting must be installed between the storage area and the masonry wall. The aisle width and material composition of all stored material, and the ultimate height of all outdoor materials stored beyond the required setback shall be according to the Fire Code regulations.

8. In the D-CE-5 and D-CE-6 Zones, this regulation applies to all property lines which directly abut a Residential or Open Space Zone, except those fronting a public street. Buffering requirements also apply to: a) new development; or expansion of an industrial or commercial building by more than twenty percent (20%) of total floor area, or b) addition or expansion of an existing building so that the lot coverage exceeds thirty-five percent (35%), whichever is greatest. The planting requirement may be reduced but not eliminated if appropriate and approved by the Planning Director. The twelve (12) foot maximum fence height may only be achieved with additional screening. The fence or wall design shall be approved by the Planning Director. See also "Design Guidelines for the Central Estuary", Section 3.8 and 4.1.

9. In the D-CE-3 and D-CE-4 Zones, see Chapter 17.107 and Section 17.106.060 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 primary dwelling unit, and the provisions of Section 17.102.300 with respect to dwelling units with five (5) or more bedrooms. In the D-CE-3 Zone, new construction on a vacant lot that is greater than five thousand (5,000) square feet shall only result in a total of one (1) unit on the lot upon the granting of a Conditional Use Permit (see Chapter 17.134 for the Conditional Use Permit process). This

requirement does not apply to the expansion of the floor area or other alteration of an existing One-Family Dwelling.

10. 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 residential density for mixed use projects.

11. In the D-CE-3 and D-CE-4 Zones, usable open space is not required for Work/Live, and is only required on lots with two (2) or more Residential or Live/Work 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. All usable open space shall meet the standards contained in Chapter 17.126, except that group usable open space may be located anywhere on the lot, provided the Frontage Type design guidelines are followed (see Section 4.1 of the "Design Guidelines for the Central Estuary").

12. In the D-CE-5 Zone, parking for new development shall be located at the rear of the site or at the side of the building except for drop-off areas, which may be at the entry, except where access to existing loading docks and/or rail lines is required. New truck loading docks shall not be located closer than fifty (50) feet from property line as measured from the subject dock to any property boundary if located within three hundred (300) feet of a Residential Zone, unless such a distance requirement will impede direct access to a rail line. Truck docks shall be located such that trucks do not encroach into the public right-of- way. All existing loading docks are not subject to this requirement.

13. Any new principal residential building or addition over one thousand (1,000) square feet requires submittal and approval of a landscaping and buffering plan for the entire site, excluding any permitted Accessory Dwelling Units. The landscaping and buffering plan shall contain the following:

 a. Landscaping and buffering that is consistent with the "Design Guidelines for the Central Estuary";

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

 c. A minimum of one (1) 15-gallon tree, or substantially equivalent landscaping as approved by the Director of City Planning, for every twenty-five (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 shall be street trees to the satisfaction of the City's Tree Division.

 d. At least one (1) 15-gallon tree in the parking lot for every six (6) parking spaces for projects that involve new or existing parking lots of three thousand (3,000) square feet or greater.

 e. A minimum of five (5) feet of landscaping shall be required adjacent to the front and street side property lines for parking lots of three thousand (3,000) square feet or greater. Where parking stalls face into this required buffer area, the width of the required landscaping shall be increased by two (2) feet unless wheel stops are installed.

14. In the D-CE-5 and D-CE-6 Zones, the following landscape requirements apply:

 a. Submittal and approval of a landscape plan for the entire site and street frontage is required for the establishment of a new Nonresidential Facility and for additions to Nonresidential Facilities of over one thousand (1,000) square feet (see Section 17.124.025). A minimum of five percent (5%) of the lot area shall

be landscaped. Landscaping and buffering must be consistent with guidelines in the "Design Guidelines for the Central Estuary", Section 3.8.

 b. Required parking lot landscaping: For all lots associated with construction of more than twenty-five thousand (25,000) square feet of new floor area, a minimum of ten percent (10%) of parking lot area shall be landscaped accompanied by an irrigation system that is permanent, below grade and activated by automatic timing controls; permeable surfacing in lieu of irrigated landscaping may be provided if approved through design review procedure in Chapter 17.136. Shade trees shall be provided at a ratio of one (1) tree for every ten (10) spaces throughout the parking lot. Parking lots located adjacent to a public right-of-way shall include screening consistent with the landscaping and buffering guidelines in the "Design Guidelines for the Central Estuary".

15. For all Nonresidential projects over one thousand (1,000) square feet, street trees are required. In addition to the general landscaping requirements set forth above, a minimum of one (1) 15-gallon tree, or substantially equivalent landscaping consistent with City policy and as approved by the Director of City Planning, shall be provided for every twenty (20) feet of street frontage or portion thereof and, if a curbside planting strip exists, for every twenty-five (25) feet of street frontage. 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 Tree Division.

16. In the D-CE-5 and D-CE-6 Zones, the site and driveway access requirement applies to new development; or expansion of industrial or commercial buildings by more than twenty percent (20%) floor area; or b) addition or expansion of an existing building so that the building to land ratio exceeds thirty-five percent (35%), which ever is greater; and all new driveway projects. This requirement may be waived administratively if such distance requirement will impede direct access to a rail line. Also applicable are the provisions of Chapter 17.116.

17. In the D-CE-5 and D-CE-6 Zones, a driveway shall not exceed thirty-five (35) feet in width without obtaining approval from the Engineering Department of Building Services through the Driveway Appeal Process. Also applicable are the provisions of Chapter 17.116.

18. In the D-CE-5 and D-CE-6 Zones, a clearly defined and lighted walkway, at least four (4) feet wide, shall be provided between the main building entry and a public sidewalk for all new development. On-site walkways shall be separated from on-site automobile circulation and parking areas by landscaping, a change in paving material, or a change in elevation. See the "Design Guidelines for the Central Estuary", Sections 3.4, 3.7 and 5.

19. See Section 17.103.080 for additional parking regulations that apply to Accessory Dwelling Units.

20. See Section 17.103.085 for setback and separation requirements for Vehicular Residential Facilities.

B.

Reduced Setbacks for Smaller Lots. Table 17.101E.04 below prescribes reduced setback standards for lots less than three thousand (3,000) square feet. The number designations in the "Additional Regulations" column refer to the regulations listed at the end of the Table.

Table 17.101E.04 Reduced Setbacks for Smaller Lots

Lot Size Additional Regulation ≤3,000 sf. Regulations

Minimum Setbacks

 Minimum interior side 3 ft. 1

 Minimum street side 3 ft. 1

 Rear 10 ft. 1

Additional Regulations for Table 17.101E.04:

1. See Section 17.108.130 for allowed projections into setbacks.

(Ord. No. 13779, § 2(Exh. A), 1-16-2024; 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. 13435, § 4(Exh. A), 5-2-2017; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13168, § 5(Exh. A), 6-18-2013)

17.101E.060 - Permitted frontage types.

A.

Applicability. The frontage types described below are only applicable to the Central Estuary Zones.

B.

Definitions. (See the "Design Guidelines for the Central Estuary", Section 4.1) The following definitions apply to this Chapter only:

Public Frontage - The Public Frontage type accommodates very public uses, where interaction with the street and open spaces is desirable and welcomed, requiring little or no transition between the two. The Public Frontage is fully open to the street with large amounts of glazing. Windows may go from ground floor to ceiling and may be operable to promote a close indoor/outdoor relationship. Entries and windows are frequent, creating an inviting visual and physical connection with activity along the street. This frontage type is often associated with shopfronts and dining establishments. Live/Work facilities where retail shopfronts are a component may also be associated with this frontage type.

Semi-Public Frontage - The Semi-Public Frontage is defined by a moderate amount of permeability. This frontage type requires some transition from the public realm, which may be in the form of a landscaped setback, vertical separation or less transparency. This frontage type maintains a fair amount of glazing, though in a configuration that offers more privacy to interior uses that require some separation from the street, such as higher window sills, than the Public Frontage type. Building access may be less frequent than the Public Frontage or defined by a singular entry lobby and though generally still open and

welcoming, may be somewhat more restricted than the Public Frontage. Entries may be characterized by porches, stoops, terraces, or lobbies. It is most often associated with employment uses, though it is flexible enough to accommodate Work/Live, warehousing, distribution and manufacturing, as it allows ample amounts of natural light balanced with a greater sense of privacy and buffer from street activity.

Private Frontage - This frontage requires the most privacy and buffering between interior uses and adjacent streets, the waterfront, public plazas, and open spaces. A transition zone is necessary to provide a clear distinction between public and private space. This frontage type is closely associated with residential and Live/Work facilities.

Service Frontage - Service Frontages are defined by large expanses of blank walls with few doors and windows, mostly broken by garage doors and truck bays. Building entries are minimal with few pedestrian amenities and are not elaborately detailed. This frontage is associated with warehousing, distribution, and sometimes manufacturing businesses. This frontage is also utilized by large-format, warehouse style retailers. This frontage is commonly found in the Central Estuary area, but should be avoided or used sparingly along public spaces.

C.

Table 17.101E.05 below prescribes development standards specific to frontage types allowed. The number designations in the "Additional Regulations" column refer to the regulations listed at the end of the Table. Intent, guidance and application of building Frontage Types can be found in the "Design Guidelines for the Central Estuary."

Table 17.101E.05: Frontage Type Standards See "Design Guidelines for the Central Estuary" Section 4.1.

Blank Wall Transparency min. (maximum length in feet) glazed area Access Additional (spacing in feet or Primary lot Secondary lot (percent of per unit) Regulations building facade) frontage frontage

Public Frontage 10 ft. 15 ft. 50% 50 ft. max. 1, 2

Semi-Public 20 ft. 20 ft. 40% 75 ft. max. 1, 2 Frontage

Min. 1 per unit or

Private Frontage 25 ft. 25 ft. N/A 1, 2 lobby

Min. 1 per primary

Service Frontage 35 ft. 35 ft. N/A 1, 2, 3 lot frontage

Additional Regulations for Table 17.101E.05:

1. Minimum glazed area is measured between two (2) feet and nine (9) feet above adjacent interior finished floor elevation.

2. Glazed garage doors and entry doors, transom windows and display windows may be counted toward minimum glazed area.

3. Not required to be interrupted by windows and doors, but shall incorporate other blank wall elements as described in the Facade Articulation (Section 4.7) and Building Frontage Types (Section 4.1) in the "Design Guidelines for the Central Estuary".

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13168, § 5(Exh. A), 6-18-2013)

17.101E.070 - Special regulations for D-CE Work/Live Units.

A.

Applicability.

Work/Live space shall be considered Commercially/Industrially Oriented Joint Living and Working Quarters under the Building Code. Any building permit plans for the construction or establishment of Work/Live units shall: (1) clearly state that the proposal includes Commercially/Industrially Oriented Joint Living and Working Quarters, and (2) label the units intended to be these units as Commercially/Industrially Oriented Joint Living and Working Quarters. This requirement is to assure the City applies building codes that allow Industrial Activities in Work/Live units in the Industrial Zones.

Work/Live units are Nonresidential Facilities and counted towards the nonresidential floor area ratio, not the residential density.

D-CE-3 and D-CE-4 Zones. A Work/Live unit in the D-CE-3 and D-CE-4 Zones must meet all applicable regulations contained in this Section. The D-CE-3 and D-CE-4 Zones regulations in this Section supersede regulations contained in Section 17.102.190 relating to the conversion of buildings originally designed for Commercial or Industrial Activities into joint living and working quarters.

D-CE-5 Zone. A Work/Live unit in the D-CE-5 Zone must meet all applicable regulations contained in this Section. The D-CE-5 Zones regulations in this Section supersede regulations contained in Section 17.102.190 relating to the conversion of buildings originally designed for Commercial or Industrial Activities into joint living and working quarters for Work/Live units.

D-CE-1, D-CE-2, and D-CE-6 Zones. Work/Live units are not allowed in the D-CE-1, D-CE-2, or D-CE-6 Zones.

B.

Definition. The following definitions apply to this Chapter only:

For purposes of Work/Live conversion, an "existing building" must be at least ten (10) years old and originally designed for industrial or commercial occupancy.

"Residential floor area" shall be considered areas containing bedrooms, sleeping areas, kitchen areas and bathrooms and hallways serving such areas.

"Nonresidential floor area" shall include floor areas designated for working.

C.

Design review requirement. Establishment of a Work/Live unit shall conform to the design review criteria set forth in the design review procedure in Chapter 17.136, and if Regular Design Review is applicable, to all of the following additional criteria:

That the exterior of a new building containing primarily Work/Live units in the Industrial Zones has a commercial or industrial appearance. This includes, but is not necessarily limited to, the use of nonresidential building styles or other techniques;

That units on the ground floor level of a building have a business presence on the street. This includes, but is not necessarily limited to, providing roll-up doors at the street or storefront style windows that allow interior space to be visible from the street, a business door that is oriented towards the street, a sign or other means that identifies the business on the door and elsewhere, a prominent ground floor height, or other techniques;

That the layout of nonresidential floor areas within a unit provides a functional and bona fide open area for working activities;

That the floor and site plan for the project include an adequate provision for the delivery of items required for a variety of businesses. This may include, but is not necessarily limited to, the following:

a.

Service elevators designed to carry and move oversized items;

b.

Stairwells wide and/or straight enough to deliver large items;

c.

Loading areas located near stairs and/or elevators;

d.

Wide corridors for the movement of oversized items; and

e.

That the floor and site plan for the project provide units that are easily identified as businesses and conveniently accessible by clients, employees and other business visitors.

D.

Table 17.101E.06 below prescribes special regulations for D-CE Work/Live Units. The number designations in the "Additional Regulations" column refer to the regulations listed at the end of the Table.

"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).

"—" designates activities that are prohibited except as accessory activities according to the regulations contained in Section 17.010.040.

"N/A" designates the regulation is not applicable to the specified zone.

Table 17.101E.06 Special Regulations for D-CE Work/Live Units

Zones Additional

Development Standards Regulations D-CE-1 D-CE-2 D-CE-3 D-CE-4 D-CE-5 D-CE-6

Activities Allowed

 Work/Live - new construction — — P P — —

 Work/Live - conversion of — — P P C — 1 existing building

Same permitted Same permitted Same permitted
and conditionally and conditionally and conditionally
permitted permitted permitted

 Activities allowed in a N/A N/A activities as activities as activities as N/A Work/Live unit described in described in described in Section Section Section 17.101E.030 17.101E.030 17.101E.030

 Minimum Size of Work/Live N/A N/A 800 sf. 800 sf. 800 sf. N/A Unit

 Maximum Nonresidential FAR - See Design Guidelines Section N/A N/A 3.0 3.0 N/A N/A 2 4.3.

Work/Live Unit Type Permitted See Table 17.101E.07 for definitions of the different types of Work/Live units.

Type 1 — — P P C — 3

 Type 2 — — P P — — 3

Minimum Usable Open Space - See also "Design Guidelines for the Central Estuary" Section 3.10.

Group Usable Open Space per N/A N/A 75 sf. 75 sf. N/A N/A 4 Work/Live Unit

Parking and Loading Requirements - See also "Design Guidelines for the Central Estuary" Sections 3.2, 3.5, 3.6 and 3.8.

One (1) parking space per unit except that no parking shall be required if located within one-half (½) mile of a

 Minimum parking spaces N/A N/A major transit stop, as defined in Section N/A N/A 5 required per Work/Live Unit 21155 of the Public Resources Code. See Chapter 17.116 for other parking requirements.

Required Bicycle Parking with Private Garage

 Short-term space per 20 N/A N/A 1 1 N/A N/A 6 Work/Live units

 Minimum short-term spaces N/A N/A 2 2 N/A N/A 6

Required Bicycle Parking without Private Garage

 Short-term space per 20 Work/ Live units and long-term space N/A N/A 1 1 N/A N/A 6 per 4 units

 Minimum short-term spaces and minimum long-term N/A N/A 2 2 N/A N/A 6 spaces

Required Loading - See also "Design Guidelines for the Central Estuary" Section 3.6

 Less than 50,000 sf. N/A N/A No berth No berth N/A N/A 5, 7

 50,000—199,000 sf. N/A N/A 1 berth 1 berth N/A N/A 5, 7

 200,000 sf. or more N/A N/A 2 berths 2 berths N/A N/A 5, 7

Public Entrance to N/A N/A Yes Yes Yes N/A 8 Nonresidential Floor Area

Additional Regulations for Table 17.101E.06:

1. Use Permit Criteria. A Conditional Use Permit for a Work/Live unit may be granted only 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 both of the following additional use permit criteria:

a. That the workers and others living there will not interfere with, nor impair, the purposes of the particular zone; and

b. That the workers and others living there will not be subject to unreasonable noise, odors, vibration or other potentially harmful environmental conditions.

2. Work/Live units are Nonresidential Facilities and counted towards the nonresidential floor area ratio, not the residential density.

3. See Table 17.101E.07 for definitions of the different types of Work/Live units.

4. Open space standards shall apply to new construction only. No additional open space is required for Work/Live units within an existing building. For conversion of existing buildings, maintaining the amount of

existing open space is required to at least these minimum standards. If there is more open space on the lot than required, then it can be reduced to the minimum required. All required usable open space shall meet the useable open space standards contained in Chapter 17.126, except that all useable open space may be provided on roof tops, podiums or other non-ground level areas. Further, each square foot of private useable open space equals two (2) square feet towards the total usable open space requirement.

5. Parking and loading standards shall apply to new construction and additions only. No additional parking or loading is required for Work/Live units within an existing building. For conversion of existing buildings, maintaining the amount of existing parking and loading is required to at least these minimum standards. If there is more parking or loading spaces on the lot than required, then each can be reduced to the minimum required. See Chapter 17.116 for other off-street parking and loading standards.

6. See Chapter 17.117 for other bicycle parking requirements.

7. See Chapter 17.116 for other loading standards.

8. Each D-CE-3 and D-CE-4 Work/Live unit shall have at least one public entrance that is directly adjacent to nonresidential floor area. A visitor traveling through this business entrance shall not be required to pass through any residential floor area in order to enter into the nonresidential area of the unit.

E.

Table 17.101E.07 below describes the different types of Work/Live units. Each new Work/Live unit shall qualify as at least one of the following Unit Types:

Table 17.101E.07 Definitions of the Different Types of Work/Live Units

Unit Maximum Special requirements Separation between Additional Type residential residential and Regulations floor area nonresidential floor area

Type 1 One-third All remaining floor area to be used for the Nonresidential floor area and 1, 2 primary Nonresidential Activity. residential floor area shall be located on separate floors (including mezzanines) or be separated by an interior wall. (see Note 2, below, for an exception for kitchens)

Type 2 50 percent 1. At least 75% of the ground floor must be Nonresidential floor area and 1, 2, 3 dedicated to nonresidential floor area; and residential floor area shall be   located on separate floors 2. The ground floor must be directly (including mezzanines), or be accessible to the street and have a clearly separated by an interior wall. designated business entrance. (see Note 2, below, for an exception for kitchens).

Additional Regulations for Table 17.101E.07:

1. All required plans for the creation of Work/Live units shall: (1) delineate areas designated to contain Residential Activities and areas designated to contain Nonresidential Activities, and (2) contain a table showing the square footage of each unit devoted to Residential and Nonresidential Activities.

2. For Work/Live in D-CE-3 and D-CE-4 Zones, a kitchen may be open to non-residential floor area if the kitchen is adjacent to and directly accessible from residential floor area or stairs that lead to residential floor area. In these kitchens not separated by an interior wall, the kitchen is only required to be separated from the nonresidential floor area by a partition that can be opened and closed.

3. Each D-CE-3 and D-CE-4 Work/Live unit shall contain no more than one (1) fully equipped kitchen. A D- CE-3 and D-CE-4 Work/Live unit may contain a second sink and counter to serve the nonresidential floor area.

F.

Additional Regulations for all Work/Live units.

Each Work/Live unit shall contain at least one (1) tenant that operates a business within that unit. That tenant shall possess a valid and active City of Oakland Business Tax Certificate to operate a business out of the unit.

For any Work/Live unit, a statement of disclosure shall be: (1) provided to prospective owners or tenants before a unit or property is rented, leased, or sold, and (2) recorded with the County of Alameda as a Notice of Limitation and in any other covenant, conditions and restrictions associated with a facility. This statement of disclosure shall contain the following acknowledgments:

a.

The Work/Live unit is in a Nonresidential Facility that allows Commercial and/or Industrial Activities that may generate odors, truck traffic, vibrations, noise and other impacts at levels and during hours that residents may find disturbing.

b.

Each Work/Live unit shall contain at least one (1) tenant that operates a business within that unit. This tenant must possess an active City of Oakland Business Tax Certificate for the operation out of the unit.

Each building with a Work/Live unit shall contain a sign that: (1) is permanently posted; (2) is at a common location where it can be frequently seen by all tenants such as a mailbox, lobby, or entrance area; (3) is made of durable material; (4) has a minimum dimension of nine (9) by eleven (11) inches and lettering at least one-half (½) an inch tall. This sign shall contain the following language: "This development contains work/live units. As such, please anticipate the possibility of odors, truck traffic, noise or other impacts at levels and hours that residents may find disturbing."

The development of Work/Live units in the Industrial Zones shall not be considered adding housing units to the City's rental supply, nor does it create "conversion rights" under the City's condominium conversion ordinance, O.M.C. Chapter 16.36, nor are the development standards for Work/Live units intended to be a circumvention of the requirements of the City's condominium conversion ordinance, O.M.C. Chapter 16.36.

(Ord. No. 13779, § 2(Exh. A), 1-16-2024; 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. 13168, § 5(Exh. A), 6-18-2013)

17.101E.080 - Special Regulations for Live/Work Units in the D-CE-3 and D-CE-4 Zones.

A.

Applicability.

Live/Work units are Residential Facilities and shall be counted towards the residential density, not the nonresidential floor area ratio, and may create "conversion rights" under the City's Condominium Conversion Ordinance, Chapter 16.36. The same requirements contained in the City's Condominium Conversion Ordinance that relate to residential units shall apply to Live/Work units.

D-CE-3 and D-CE-4. A Live/Work unit in the D-CE-3 and D-CE-4 Zones must meet all applicable regulations contained in this Section. Regulations in this Section supersede regulations contained in Section 17.102.190 relating to the conversion of buildings originally designed for Commercial or Industrial Activities into joint living and working quarters.

D-CE-1, D-CE-2, D-CE-5, and D-CE-6. Live/work units are not allowed in the D-CE-1, D-CE-2, D-CE-5, or D-CE-6 Zones.

B.

Definition. The following definitions apply to this Chapter only: For purposes of Live/Work conversion, an "existing building" must be at least ten (10) years old and originally designed for industrial or commercial occupancy.

"Residential floor area" shall be considered areas containing bedrooms, sleeping areas, kitchen areas and bathrooms, and hallways serving such areas.

"Nonresidential floor area" shall be considered areas designated for working.

C.

New Floor Area. (applies only to Live/Work conversions of existing buildings). New floor area may be created that is entirely within the existing building envelope; however, in no case shall the height, footprint, wall area or other aspect of the exterior of the building proposed for conversion be expanded to accommodate Live/Work area, except to allow dormers not exceeding the existing roof height and occupying no more than ten percent (10%) of the roof area, and incremental appurtenances such as elevator shafts, skylights, rooftop gardens or other facilities listed in Section 17.108.030.

D.

Regular Design Review Required. Regular design review approval for D-CE-3 and D-CE-4 Live/Work units may be granted only upon determination that the proposal conforms to the regular design review criteria set forth in the design review procedure in Chapter 17.136 and to all of the following additional criteria:

That the layout of nonresidential floor areas within a unit provides a functional and bona fide open area for working activities;

That, where appropriate for the type of businesses anticipated in the development, the floor and site plan for the project include an adequate provision for the delivery of items required for a variety of businesses. This may include, but is not necessarily limited to, the following:

a.

Service elevators designed to carry and move oversized items;

b.

Stairwells wide and/or straight enough to deliver large items;

c.

Loading areas located near stairs and/or elevators; and

d.

Wide corridors for the movement of oversized items.

E.

Table 17.101E.08 below prescribes special regulations for D-CE Live/Work Units. The number designations in the "Additional Regulations" column refer to the regulations listed at the end of the Table.

"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).

"—" designates activities that are prohibited except as accessory activities according to the regulations contained in Section 17.010.040.

"N/A" designates the regulation is not applicable to the specified zone.

Table 17.101E.08 Special Regulations for Live/Work Units in D-CE-3 and D-CE-4 Zones

Zones Additional

Development Standards D-CE-3 D-CE-4 Regulations

Same permitted and Same permitted and conditionally permitted conditionally permitted activities as described in activities as described in Section 17.101E.030 and any Section 17.101E.030 and any Activities Allowed that would qualify as a home that would qualify as a home occupation in a Residential occupation in a Residential Facility (see Section Facility (see Section 17.101E.100) 17.101E.100)

Maximum Residential Density Same as Table 17.101E.03 Same as Table 17.101E.03 1

Minimum Usable Open Space See Design Same as Table 17.101E.03 Same as Table 17.101E.03 Guidelines Section 3.10.

Parking and Loading Requirements See also "Design Guidelines for the Central Estuary" Sections 3.2, 3.5, 3.6 and 3.8.

1 parking space per unit, except that no parking shall be

 Minimum parking spaces required per required if located within one-half (½) mile of a major transit 2 Work/Live unit stop, as defined in Section 21155 of the Public Resources Code.

Required Bicycle Parking with Private Garage

 Short-term spaces per 20 Live/Work units 1 1 3

 Minimum short-term spaces 2 2 3

Required Bicycle Parking without Private Garage

 Short-term spaces per 20 Live/Work units 1 1 3 and long-term spaces per 4 units

 Minimum short-term spaces and minimum 2 2 3 long-term spaces

Required Loading See also "Design Guidelines for the Central Estuary" Section 3.6

 Less than 50,000 sf. No berth No berth 2, 4

 50,000—149,999 sf. 1 berth 1 berth 2, 4

 150,000 sf. or more 2 berths 2 berths 2, 4

Additional Regulations for Table 17.101E.08:

1. Live/Work units are Residential Facilities and shall be counted towards the residential density, not the nonresidential floor area ratio.

2. Off-street parking standards apply to new construction and additions only. For conversion of existing buildings, maintaining existing parking is required to at least these minimum standards. See Chapter 17.116 for other off-street parking and loading standards.

3. See Chapter 17.117 for other bicycle parking requirements.

4. Loading standards apply to new construction and additions only. For conversion of existing buildings, maintaining existing loading is required to at least these minimum standards. See Chapter 17.116 for other loading standards. However, for new construction, the minimum height or length of a required berth listed in Chapter 17.116 may be reduced upon the granting of regular design review approval (see Chapter 17.136), and upon determination that such smaller dimensions are ample for the size and type of trucks or goods that will be foreseeably involved in the loading operations of the activity served. This design review requirement shall supersede the requirement for a Conditional Use Permit stated in Section 17.116.220.

F.

Additional Regulations for Live/Work units.

The amount of floor area in a D-CE-3 and D-CE-4 Live/Work unit designated as residential floor area is not restricted.

Any building permit plans for the construction of D-CE-3 and D-CE-4 Live/Work units shall: (1) clearly state that the proposal includes Live/Work facilities, and (2) label the units intended to be Live/Work units. This requirement is to assure the City applies building codes appropriate for a Live/Work facility.

For any Live/Work unit in a D-CE-3 and D-CE-4 Zone, a statement of disclosure shall be: (1) provided to prospective owners or tenants before a unit or property is rented, leased, or sold, and (2) in any covenant, conditions, and restrictions associated with a facility. This statement of disclosure shall contain an acknowledgment that the property is in a facility that allows Commercial and/or Light Industrial Activities that may generate odors, truck traffic, vibrations, noise and other impacts at levels and during hours that residents may find disturbing.

Each building with a Live/Work unit in the D-CE-3 and D-CE-4 Zone shall contain a sign that: (1) is permanently posted; (2) is at a common location where it can be frequently seen by all tenants such as a mailbox, lobby, or entrance area; (3) is made of durable material; (4) has a minimum dimension of nine (9) by eleven (11) inches and lettering at least one-half (½) an inch tall. This sign shall contain the following language: "This development contains Live/Work units. As such, please anticipate the possibility of odors, truck traffic, noise or other impacts at levels and hours that residents may find disturbing."

(Ord. No. 13779, § 2(Exh. A), 1-16-2024; 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. 13168, § 5(Exh. A), 6-18-2013)

17.101E.090 - Special Regulations for Planned Unit Developments.

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 D-CE-3 and D-CE-4 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. 13168, § 5(Exh. A), 6-18-2013)

Editor's note— Ord. No. 13677, § 4(Exh. A), adopted Jan. 18, 2022, amended the title of § 17.101E.090 to read as herein set out. The former § 17.101E.090 title pertained to special regulations for Mini-Lot and Planned Unit Developments.

17.101E.100 - Reserved.

Editor's note— Ord. No. 13596, § 2(Exh. A), adopted June 2, 2020, repealed § 17.101E.100, which pertained to special regulations for home occupation in the D-CE-3 Zone and derived from Ord. No. 13168, adopted June 18, 2013; Ord. No. 13270, adopted November 18, 2014; and Ord. No. 13357, adopted February 16, 2016.

17.101E.110 - Special Parking Regulations for the D-CE Zones.

For the purposes of this Chapter only, the following regulations apply to the Boat and Marine-Related Sales, Rental, Repair and Servicing Activity. Auto parking regulations for other activity types are contained in Chapter 17.116 Off-Street Parking and Loading Requirements. Bicycle parking regulations for other activity types are contained in Chapter 17.117 Bicycle Parking Requirements.

A.

Off-Street Parking—Commercial Activities. The following amounts of off-street parking are required for the specified Commercial Activity when located in the indicated zones and occupying facilities of the specified sizes, and shall be developed and maintained pursuant to the provisions of Article IV of Planning Code Chapter 17.116 Off-Street Parking and Loading Requirements.

Commercial Activity Zone Minimum Total Size Requirement Type for Which Parking Required

Boat and Marine- D-CE-1 and D-CE-6 10,000 square feet of One (1) space for each Related Sales, Rental, floor area. 1,000 square feet of Repair and Servicing floor area.

B.

Required Bicycle Parking—Commercial Activities. Subject to the calculation rules set forth in Chapter 17.117 Bicycle Parking Requirements Section 17.117.080, the following amounts of bicycle parking are required for the specified Commercial Activity and shall be developed and maintained pursuant to the provisions of Article II of Chapter 17.117.

Commercial Long-Term Short-Term Activity Type Bicycle Parking Bicycle Parking Requirement Requirement

Boat and Marine-Related Sales, Rental, One (1) space for each 12,000 square One (1) space for each 20,000 square Repair and Servicing feet of floor area. Minimum requirement feet of floor area. Minimum requirement is 2 spaces. is 2 spaces.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13168, § 5(Exh. A), 6-18-2013)

17.101E.112 - Other zoning provisions.

The following table contains referrals to other regulations that may apply:

A.

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 D-CE Zones.

B.

Parking and Loading. Off-street parking and loading shall be provided as prescribed in this Chapter and in the off-street parking and loading requirements in Chapter 17.116.

C.

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

D.

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

E.

Landscaping and Screening Standards. The regulations set forth in Chapter 17.124 and Chapter 17.102.400, screening of utility meters, etc., shall apply in the D-CE 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.

G.

Noise, Odor, Smoke. Performance standards regarding the control of noise, odor, smoke, and other objectionable impacts in Chapter 17.120 shall apply in the D-CE Zones.

H.

Microwave dishes and energy production facilities regulations in Section 17.102.240 shall apply in the D-CE Zones.

I.

Electroplating Activities. Special regulations applying to Electroplating Activities in Section 17.102.340, shall apply in the D-CE Zones.

J.

S-19 Health and Safety Protection Overlay Zone.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13168, § 5(Exh. A), 6-18-2013)

Chapter 17.101F - D-GI GATEWAY DISTRICT INDUSTRIAL ZONE REGULATIONS[49]

Editor's note— Ord. No. 13182, § 3(Exh. A), adopted July 16, 2013, amended Chapter 17.101F in its entirety to read as herein set out. Formerly, Chapter 17.101F pertained to similar subject matter, and derived from Ord. No. 13168, § 5(Exh. A-1), adopted June 18, 2013.

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

The provisions of this Chapter shall be known as the D-GI Gateway District Industrial Zone Regulations. The intent of the Gateway District Industrial (D-GI) Zone is to facilitate implementation of the Oakland Army Base Reuse Plan.

(Ord. No. 13393, § 2(Exh. A), 10-4-2016; Ord. No. 13182, § 3(Exh. A), 7-16-2013)

17.101F.020 - Required master plan conformance.

All development shall be in substantial conformance with the approved Oakland Army Base Reuse Plan, as amended, and adopted Standard Conditions of Approval and Mitigation Measures, as applicable.

(Ord. No. 13182, § 3(Exh. A), 7-16-2013)

17.101F.030 - Permitted and conditionally permitted activities.

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

Zone Additional

Activities Regulations D-GI

Residential Activities

 Permanent -

 Residential Care -

 Service-Enriched Permanent Housing -

 Transitional Housing -

 Emergency Shelter -

 Semi-Transient -

 Bed and Breakfast -

Civic Activities

 Essential Service P(L1)

 Extensive Impact P(L2)

 Limited Child-Care Activities -

 Community Assembly P(L2)(L3)

 Recreational Assembly -

 Community Education -

 Nonassembly Cultural P(L4)

 Administrative P

 Health Care -

 Special Health Care -

 Utility and Vehicular P(L2)

Extensive Impact P(L2)

Commercial Activities

 General Food Sales P

 Full-service restaurants P

 Limited Service Restaurant and Cafe P

 Fast-Food Restaurant C 8.09

 Convenience Market P(L5)

 Alcoholic Beverage Sales C

 Mechanical or Electronic Games -

 Medical Service P(L2)

 General Retail Sales P(L2)

 Large-Scale Combined Retail and Grocery Sales -

 Consumer Service P(L2)

 Consultative and Financial Service P

 Check Cashier and Check Cashing -

 Consumer Cleaning and Repair Service -

 Consumer Dry Cleaning Plant -

 Group Assembly P(L2)(L6)

 Personal Instruction and Improvement Services P(L2)(L6)

 Administrative P

 Business, Communication, and Media Services P

 Broadcasting and Recording Services P

 Research Service P

 General Wholesale Sales P

 Transient Habitation -

 Wholesale and Professional Building Material Sales P

 Automobile and Other Light Vehicle Sales and Rental P(L2)

 Automobile and Other Light Vehicle Gas Station and Servicing P

 Automobile and Other Light Vehicle Repair and Cleaning P

 Taxi and Light Fleet-Based Services P

 Automotive Fee Parking P

 Animal Boarding -

 Animal Care -

 Undertaking Service -

Industrial Activities

 Custom Manufacturing P

 Light Manufacturing P

General Manufacturing P

 Heavy/High Impact C

 Research and Development P

 Construction Operations P(L2)

 Warehousing, Storage, and Distribution-Related:

  A. General Warehousing, Storage and Distribution P

  B. General Outdoor Storage P

  C. Self- or Mini-Storage P

  D. Container Storage P

  E. Salvage/Junk Yards -

 Regional Freight Transportation-Related:

  A. Seaport P

  B. Rail Yard P

 Trucking and Truck-Related:

  A. Freight/Truck Terminal P

B. Truck Yard P

  C. Truck Weigh Stations P

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

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

 Recycling and Waste-Related:

  A. Satellite Recycling Collection Centers P

  B. Primary Recycling Collection Centers P(L7) 17.73.035

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

  A. Small Scale Transfer and Storage C

  B. Industrial Transfer/Storage C

  C. Residuals Repositories C

  D. Oil and Gas Storage C

Agriculture and Extractive Activities

 Plant Nursery —

 Limited Agriculture —

 Extensive Agriculture —

 Mining and Quarrying —

Accessory off-street parking serving prohibited activities C 17.116.175

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

Limitations on Table 17.101F.01:

L1. Community Gardens and Botanical Gardens are prohibited.

L2. Permitted outright if these activities are limited to establishments that support or are associated with trucking, warehousing, or maritime-related activities; all other types of these activities may only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure).

L3. Community Assembly Activities are limited to public and private nonprofit clubs, lodges, and meeting halls.

L4. Nonassembly Cultural Activities are limited to museums and commemorative exhibits pertaining to trucking, warehousing, or maritime-related activities or the history of the site.

L5. Convenience Markets are limited to establishments located on the same lot as an Automobile and Other Light Vehicle Gas Station and Servicing Activity or a Truck and Other Heavy Vehicle Service, Repair, and Refueling Activity.

L6. Group Assembly Activities and Personal Instruction and Improvement Services Activities are limited to instructional services.

L7. Primary Recycling Collection Centers shall comply with the performance standards set forth in Section 17.73.035.

(Ord. No. 13518, § 4(Exh. A), 2-5-2019; Ord. No. 13270, § 3(Exh. A), 11-18-2014; Ord. No. 13182, § 3(Exh. A), 7-16-2013)

17.101F.040 - Permitted and conditionally permitted facilities.

Table 17.101F.02 lists the permitted, conditionally permitted, and prohibited facilities in the D-GI 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 17.101F.02: Permitted and Conditionally Permitted Facilities

Zone Additional

Facilities Regulations D-GI

Residential Facilities

 One-Family Dwelling —

Two- to Four-Family Dwelling —

 Multifamily Dwelling —

 Rooming House -

 Vehicular —

Nonresidential Facilities

 Enclosed Nonresidential P

 Open Nonresidential P

 Drive-In P

 Sidewalk Cafe P

 Shopping Center -

 Drive-Through P/C(L1)

Telecommunications Facilities

 Micro Telecommunications P 17.128

 Mini Telecommunications P 17.128

 Macro Telecommunications P 17.128

 Monopole Telecommunications P 17.128

 Tower Telecommunications P 17.128

Sign Facilities

 Residential Signs -

 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 P(L2) 17.104

Limitations for Table 17.101F.02:

L1. Drive-Through Facilities associated with a Fast Food Restaurant are only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the Conditional Use Permit procedure). All other Drive- Through Facilities are permitted.

L2. Advertising Signs are limited to signs permitted pursuant to an agreement authorized by the Oakland City Council.

(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. 13182, § 3(Exh. A), 7-16-2013)

17.101F.050 - Property development standards.

Table 17.101F.03 below prescribes development standards specific to the D-GI Zone. The number designations in the "Additional Regulations" column refer to the regulations listed at the end of the Table.

Table 17.101F.03: Property Development Standards

Development Standards D-GI Zone Additional Regulations

Minimum Lot Dimensions

 Width mean 25 ft 1

 Frontage 25 ft 1

 Lot area 5,000 sf 1

Maximum Building Height 95 ft 2, 3

Minimum Setbacks

 Minimum front None

 Minimum interior side None

 Minimum street side None

 Rear None

Maximum Floor-Area Ratio (FAR) 5.0 4

Minimum Required Parking See Chapter 17.116 for automobile parking and Chapter 17.117 for bicycle parking requirements

Additional Regulations for Table 17.101F.03:

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

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

3. The maximum permitted building height does not apply to equipment, storage areas, or Advertising Signs. The maximum permitted building height may be exceeded upon the granting of a Conditional Use Permit (see Chapter 17.134 for the Conditional Use Permit procedure).

4. The maximum permitted floor-area ratio may be exceeded upon the granting of a Conditional Use Permit (see Chapter 17.134 for the Conditional Use Permit procedure).

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13666, § 3(Exh. A), 11-16-2021; Ord. No. 13182, § 3(Exh. A), 7- 16-2013)

17.101F.060 - Design standards.

All development shall comply with the design standards for the D-GI Zone adopted by the City Planning Commission, as amended.

(Ord. No. 13182, § 3(Exh. A), 7-16-2013)

17.101F.070 - Demolition.

The requirement in Section 15.36.070 pertaining to the demolition of structures prior to the issuance of a building permit to construct a replacement structure shall not apply in the D-GI Zone.

(Ord. No. 13182, § 3(Exh. A), 7-16-2013)

17.101F.080 - Other zoning provisions.

Except as expressly provided, all other provisions of the Oakland Municipal Code shall apply in the D-GI Zone, including but not limited to, the provisions listed below.

A.

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 D-GI Zone.

B.

Buffering Regulations. The requirements of the buffering regulations in Chapter 17.110 shall apply in the D- GI Zone.

C.

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

D.

Parking and Loading. Off-street parking and loading shall be provided as prescribed in the off-street parking and loading requirements in Chapter 17.116.

E.

Bicycle Parking. Bicycle parking shall be provided as prescribed in the bicycle parking requirements in Chapter 17.117.

F.

Recycling Space Allocation Requirements. The recycling space allocation requirements in Chapter 17.118 shall apply in the D-GI Zone.

G.

Performance Standards. The performance standards in Chapter 17.120 shall apply in the D-GI Zone.

H.

Landscaping and Screening Standards. The landscaping and screening standards in Chapter 17.124 shall apply in the D-GI Zone.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13182, § 3(Exh. A), 7-16-2013)

Chapter 17.101G - D-LM LAKE MERRITT STATION AREA DISTRICT ZONES REGULATIONS

17.101G.010. - Title, purpose, and applicability.

A.

Intent. The provisions of this Chapter shall be known as the D-LM Lake Merritt Station Area District Zones Regulations. The intent of the Lake Merritt Station Area District (D-LM) Zones is to implement the Lake Merritt Station Area Plan. Development in this zoning district shall be consistent with the Lake Merritt Station Area Plan, of a high quality design, and include active ground floor uses where appropriate and feasible. The objectives of the D-LM Lake Merritt Station Area District Zones are to:

Create a more active and vibrant Lake Merritt Station Area District to serve and attract residents, businesses, students, and visitors;

Increase activity and vibrancy in the area by encouraging vital retail nodes that provide services, restaurants, and shopping opportunities;

Improve connections between the Lake Merritt BART Station and major destinations outside the Station Area District;

Improve safety and pedestrian-orientation;

Accommodate the future population, including families;

Increase the number of jobs and improve the local economy;

Identify additional recreation and open space opportunities and improve existing resources; and

Encourage and enhance a pedestrian-oriented streetscape.

B.

Description of zones. This Chapter establishes land use regulations for the following five (5) zones:

D-LM-1 Lake Merritt Station Area District Mixed - 1 Residential Zone. The intent of the D-LM-1 Zone is to create, maintain, and enhance areas of the Lake Merritt Station Area Plan District appropriate for high- density residential development with compatible Commercial Activities.

D-LM-2 Lake Merritt Station Area District Pedestrian - 2 Commercial Zone. The intent of the D-LM-2 Zone is to create, maintain, and enhance areas of the Lake Merritt Station Area Plan District for ground-level, pedestrian-oriented, active storefront uses. Upper story spaces are intended to be available for a wide range of Office and Residential Activities.

D-LM-3 Lake Merritt Station Area District General - 3 Commercial Zone. The intent of the D-LM-3 Zone is to create, maintain, and enhance areas of the Lake Merritt Station Area Plan District appropriate for a wide range of ground-floor Commercial Activities. Upper-story spaces are intended to be available for a wide range of Residential, Office, or other Commercial Activities.

D-LM-4 Lake Merritt Station Area District Mixed - 4 Commercial Zone. The intent of the D-LM-4 Zone is to designate areas of the Lake Merritt Station Area Plan District appropriate for a wide range of Residential, Commercial, and compatible Light Industrial Activities.

D-LM-5 Lake Merritt Station Area District - 5 Institutional Zone. The intent of the D-LM-5 Zone is to create, preserve, and enhance areas devoted primarily to major public and quasi-public facilities and auxiliary uses.

C.

Definition of corridor types. For the purposes of this Chapter only, the following definitions shall be utilized to apply special land use regulations and development standards to properties fronting the following two types of street corridors:

Commercial Corridor. The intent of regulations related to properties fronting "Commercial Corridors" is to maintain and promote an existing pattern of continuous ground floor Commercial Activities and Facilities along the subject corridor. The following streets are designated as Commercial Corridors: 14th Street (between Franklin and Oak Streets), 9th Street (between Broadway and Harrison Street, and between

Madison and Fallon Streets), 8th Street (between Broadway and Harrison Street, and between Madison and Fallon Streets), Oak Street (between 8th and 9th Streets), Harrison Street (between 7th and 11th Streets), Webster Street (between 7th and 11th Streets), Franklin Street (between 7th and 11th Streets), and Broadway (between 7th and 10th Streets).

Transitional Commercial Corridor. The intent of regulations related to properties fronting "Transitional Commercial Corridors" is to expand the amount of ground floor Commercial Activities and Facilities along the subject corridor. The following streets are designated as Transitional Commercial Corridors: International Boulevard (between 1st and 4th Avenues), East 12th Street (between 1st and 4th Avenues), 8th Street (between Harrison and Madison Streets), 9th Street (between Harrison and Madison Streets), 1st Avenue (between East 12th Street and International Boulevard), Oak Street (between 5th and 8th Streets, and between 9th and 14th Streets), Harrison Street (between 11th and 14th Streets), Webster Street (between 11th and 14th Streets, and between 5th and 7th Streets), Franklin Street (between 11th and 14th Streets, and between 5th and 7th Streets), and Broadway (between 5th and 7th Streets).

(Ord. No. 13393, § 2(Exh. A), 10-4-2016; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13276, § 5(Exh. A), 12-9-2014)

17.101G.020 - Required design review process and pre-application review.

A.

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.

B.

In addition to the design review criteria listed in Chapter 17.136, conformance with the "Design Guidelines for the Lake Merritt Station Area Plan" is required for any proposal in the D-LM Zones subject to the design review procedure in Chapter 17.136.

C.

Where there is a conflict between the design review criteria contained in Chapter 17.136 and the design review guidelines contained in the "Design Guidelines for the Lake Merritt Station Area Plan", the design objectives in the "Design Guidelines for the Lake Merritt Station Area Plan" shall prevail.

D.

Pre-Application Review—Discretionary Approvals. Prior to any Planning application involving an Opportunity Site identified in the Lake Merritt Station Area Plan which requires one or more discretionary approvals (including but not limited to, Regular design review, conditional use permit, variance, and/or

subdivision), the applicant, or his or her representative, shall submit for a pre-application review of the proposal by a representative of the City Planning Department. During the pre-application review, City staff will provide information about applicable Lake Merritt Station Area Plan objectives and design guidelines.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13276, § 5(Exh. A), 12-9-2014)

17.101G.030 - Permitted and conditionally permitted activities.

Table 17.58.01 lists the permitted, conditionally permitted, and prohibited activities in the D-LM Zones. The descriptions of these activities are contained in Chapter 17.10.

"P" designates permitted activities in the corresponding zone.

"C" designates activities that are permitted only upon the granting of a conditional use permit (see Chapter 17.134 for the CUP procedure) in the corresponding zone.

"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 17.101G.01: Permitted and Conditionally Permitted Activities

Zones Additional

Activities D-LM-1 D-LM-2 D-LM-3 D-LM-4 D-LM-5 Regulations

Residential Activities

 Permanent P(L1) P(L1) P(L1) P(L1) P

 Residential Care P(L1)(L2) P(L1)(L2) P(L1)(L2) P(L1)(L2) P(L2) 17.103.010

 Supportive Housing P(L1) P(L1) P(L1) P(L1) P

 Transitional Housing P(L1) P(L1) P(L1) P(L1) P

 Emergency Shelter C(L1)(L2) C(L1)(L2) C(L1)(L2) C(L1)(L2) C(L2) 17.103.010

 Semi-Transient C(L1) C(L1) C(L1) C(L1) C

 Bed and Breakfast P P P P P 17.10.125

Civic Activities

 Essential Service P P P P P

 Limited Child-Care Activities P P P P P

 Community Assembly P(L4)(L5) P(L4)(L5) P(L4)(L5) P(L4)(L5) P

 Recreational Assembly P(L4)(L5) P(L4)(L5) P(L4)(L5) P(L4)(L5) P

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

 Nonassembly Cultural P P P P P

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

Health Care C C C C C

 Special Health Care — C(L6)(L8) C(L6)(L8) C(L6)(L8) C(L6)(L8) 17.103.020

Utility and Vehicular C C C C C

 Extensive Impact C C C C C

Commercial Activities

 General Food Sales P(L4)(L7) P(L4) P P(L4) P

 Full-service restaurants P P P P P

 Limited Service Restaurant and Cafe P P P P P