Chapter 17.01 — GENERAL PROVISIONS OF PLANNING CODE AND GENERAL PLAN CONFORMITY

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Chapter 17.01 - GENERAL PROVISIONS OF PLANNING CODE AND GENERAL PLAN CONFORMITY

Sections:

This title shall be known as the Oakland Planning Code, may be cited as such, and will be referred to herein by such title or as "this Code."

(Ord. 12054 § 2 (part), 1998)

The provisions of Chapters 17.01 through 17.05 shall be known as the General Provisions of the Planning Code.

(Ord. 12054 § 2 (part), 1998)

Except as otherwise provided by Section 17.01.040, no activities or facilities shall be established, substituted, expanded, constructed, altered, moved, painted, maintained, or otherwise changed, and no lot lines shall be created or changed, except in conformity with the Oakland General Plan. To the extent that there is an express conflict between the Oakland General Plan and the Zoning Regulations, this requirement shall supersede the requirement for conformity with the Zoning Regulations stipulated in Section 17.07.060 (formerly Section 17.02.060).

(Ord. 12054 § 2 (part), 1998)

The provisions of this Chapter shall not be construed to preclude the operation, maintenance, and occupancy of any activity or facility that existed lawfully prior to the effective date of this Chapter. Such activities and facilities shall be subject to the Nonconforming Use Regulations in Chapter 17.114.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. 12054 § 2 (part), 1998)

17.01.050 - General Plan prevails over Planning Code Regulations.

Until the Planning Code is fully updated, land use designations, zoning controls, and subdivision controls specified by the Planning Code and Subdivision Regulations shall apply, except where such action would expressly conflict with the Oakland General Plan. Where an express conflict does arise, the General Plan policies and land use designations shall apply. An "express conflict" shall be deemed to be any situation where a proposal clearly conforms with the General Plan but is not permitted by the portion of Zoning Regulations that have not been fully updated, or where a proposal clearly does not conform with the General Plan, but is permitted or conditionally permitted by the portion of Zoning Regulations that have not been fully updated. The provisions of Sections 17.01.070 through 17.01.080 shall be used to determine whether an express conflict exists and the provisions of Sections 17.01.100 through 17.01.120, as applicable, shall then be followed.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. 12054 § 2 (part), 1998)

Editor's note— Ord. No. 13357, § 3(Exh. A), adopted February 16, 2016, changed the title of Section 17.01.050 from "General Plan prevails over Planning Code and Subdivision Regulations" to "General Plan prevails over Planning Code Regulations." The historical notation has been preserved for reference purposes.

Editor's note— Ord. No. 13357, § 3(Exh. A), adopted February 16, 2016, repealed the former Section 17.01.060 in its entirety, which pertained to guidelines for determining General Plan conformity, and derived from Ord. No. 12054, § 2)part), adopted in 1998.

17.01.070 - Determination of General Plan conformity by Director of City Planning.

The Director of City Planning shall determine whether any specific proposal conforms to the General Plan. Any interested party may apply for a written General Plan conformity determination upon payment of a fee as prescribed in the city master fee schedule. Prior to making a decision, there shall be notice given by mail or delivery to all owners and occupants of real property in the city within three hundred (300) feet of the property involved pursuant to Section 17.134.040; provided, however, that failure to send notice to any such owner where his or her address is not shown on the last available equalized assessment roll shall not invalidate the affected proceedings.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. 12514 § 2 (part), 2003: Ord. 12054 § 2 (part), 1998)

17.01.080 - Appeal of Director's determination.

A.

Within ten (10) calendar days of a written determination by the Director of City Planning pursuant to Section 17.01.070, an appeal of such determination may be taken to the City Planning Commission by the applicant or any other interested party. Such appeal shall be accompanied by a fee as prescribed in the City master fee schedule, and shall be processed in accordance with the administrative appeal procedure in Chapter 17.132.

B.

Within ten (10) calendar days of a written determination by the Director of City Planning pursuant to Subsection 17.01.120.C. an appeal of such determination may be taken to the City Council by the applicant or any other interested party. Such appeal shall be accompanied by a fee as prescribed in the City master fee schedule. In event the last date of appeal falls on a weekend or holiday when City offices are closed, the next date such offices are open for business shall be the last date of appeal. Such appeal shall be made on a form prescribed by the Director and shall be filed with the City Clerk. The appeal shall state specifically wherein it is claimed there was an error or abuse of discretion by the Planning Director or wherein his or her decision is not supported by the evidence in the record. Upon receipt of such appeal, the Council shall set the date for consideration thereof. After the hearing date is set, the Planning Director shall refer the matter to the Planning Commission for its review and advice. The Planning Commission shall consider the matter at its next available meeting. Such referral shall be only for the purpose of issue clarification and advice to the City Council. The City Clerk shall not less than seventeen (17) days prior to the Council hearing, give written notice of the date and place of the hearing on the appeal to the applicant; the appellant in those cases where the applicant is not the appellant; adverse party or parties, or to the attorney, spokesperson, or representative of such party or parties; other interested groups and neighborhood associations who have requested notification; and to similar groups and individuals as the Secretary deems appropriate. In considering the appeal, the Council shall determine whether the proposal conforms to the provisions of Subsection 17.01.120.C., and may approve or disapprove the proposed determination. The decision of the City Council shall be made by resolution and shall be final.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12776 § 3, Exh. A (part), 2006: Ord. 12514 § 2 (part), 2003: Ord. 12054 § 2 (part), 1998)

17.01.100 - Proposals clearly in conformance with General Plan.

A.

If Permitted or Conditionally Permitted by Zoning Regulations (No "Express Conflict"). Any proposal determined to clearly conform with the General Plan and which is permitted or conditionally permitted by the Zoning Regulations shall be processed in accordance with such code and/or regulations.

B.

If Not Permitted by the portion of Zoning Regulations not fully updated ("Express Conflict"). Any proposal determined to clearly conform with the General Plan and which is not permitted by the portion of Zoning Regulations not fully updated may be approved upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134. Such use permit shall be processed as a minor conditional use permit or a major conditional use permit in conformance with the provisions of Chapter 17.134. A conditional use permit for such proposal may be granted only upon determination that the proposal conforms to the general use permit criteria set forth in Section 17.134.050 and to the following additional use permit criteria:

1.

That the proposal is clearly appropriate in consideration of the characteristics of the proposal and the surrounding area;

That the proposal is clearly consistent with the intent and desired character of the relevant land use classification or classifications of the General Plan and any associated policies;

3.

That the proposal will clearly promote implementation of the General Plan. Any such proposal shall be subject to the provisions of the "best fit zone" corresponding to the land use classification in which the proposal is located. If there is more than one "best fit zone," the Director of City Planning shall determine which zone to apply, with consideration given to the characteristics of the proposal and the surrounding area and any relevant provisions of the General Plan.

C.

Optional Rezoning in Lieu of Conditional Use Permit ("Express Conflict"). At his or her option, in lieu of the conditional use permit provided for by Subsection B. of this Section, the applicant may apply for a rezoning pursuant to the rezoning and law change procedure in Chapter 17.144. Any such rezoning shall be to the "best fit zone" or other possible zone corresponding to the land use classification in which the proposal is located. If such a rezoning is approved, the proposal shall then be subject to all of the provisions of the new zone, including but not limited to, any required conditional use permit.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12054 § 2 (part), 1998)

17.01.110 - Proposals for which General Plan is silent or not clear on conformance.

A.

If Permitted or Conditionally Permitted by Zoning Regulations (No "Express Conflict"). Any proposal for which the General Plan is silent or not clear as regards conformity and which is permitted or conditionally permitted by the Zoning Regulations shall be processed in accordance with such code and/or regulations.

B.

If Not Permitted by Zoning Regulations (No "Express Conflict"). Any proposal for which the General Plan is silent or not clear as regards conformity, and which is not permitted by the Zoning Regulations shall be processed in accordance with such code and/or regulations. At his or her option, the applicant may modify the project to conform to the code and/or regulations, may apply for a variance pursuant to the variance procedure in Chapter 17.148, or may apply for a rezoning pursuant to the rezoning and law change procedure in Chapter 17.144. Any such rezoning shall be to the "best fit zone" or other possible zone corresponding to the land use classification in which the proposal is located. If such a rezoning is approved, the proposal shall then be subject to all of the provisions of the new zone, including but not limited to, any required conditional use permit.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. 12054 § 2 (part), 1998)

17.01.120 - Proposals clearly not in conformance with the General Plan or the Land Use Diagram.

Any proposal determined to clearly not conform to the General Plan shall not be allowed and no application shall be accepted, nor shall any permits be approved or issued, for any such proposal, except as provided in this Section or in Section 17.01.040 or Section 17.01.070.

A.

If Permitted or Conditionally Permitted by Zoning Regulations ("Express Conflict"). At his or her option, the applicant may modify the project to conform to the General Plan, request a General Plan conformity determination from the Director of City Planning pursuant to Section 17.01.070, or may apply for a General Plan Amendment. If such amendment involves the land use classification, the amendment shall be to the land use classification corresponding to the "best fit zone" or other possible zone in which the proposal is located.

B.

If Not Permitted by Zoning Regulations (No "Express Conflict"). If proposal is not permitted under the Zoning Regulations, the applicant may apply for a rezoning pursuant to the rezoning and law change procedure in Chapter 17.144 in addition to a General Plan amendment. Any such rezoning shall be to the "best fit zone": or other possible zone corresponding to the land use classification of the associated

General Plan amendment. If such a rezoning is approved, the proposal shall then be subject to all of the provisions of the new zone, including but not limited to, any required conditional use permit.

C.

If permitted or conditionally permitted by Zoning Regulations, and where determined by the Planning Director to be consistent with the surrounding land uses and appropriate for the area, notwithstanding that the project may not be consistent with the General Plan classification shown on the Land Use Diagram. It is recognized that the General Plan land uses have been broadly applied to areas without parcel by parcel specificity and that the Land Use Diagram details are largely illustrative of the Plan's written goals and policies. Because the Diagram is generalized, and does not necessarily depict the accuracy of each parcel or very small land areas, a determination of project consistency can be requested of the Director of City Planning. The applicant must demonstrate to the satisfaction of the Planning Director that the predominant use, or average density, is different from that shown on the Diagram and is appropriate for the area in question and that the project is in conformance with the written goals and policies of the General Plan. Written notice of the Director's determination shall be sent to all property owners and occupants within three hundred (300) feet of the property involved; provided, however, that failure to send notice to any such owner where his or her address is not shown on the last available equalized assessment roll shall not invalidate the affected proceedings. The Director's determination may be appealed to the City Planning Commission pursuant to Section 17.01.080B.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. 12514 § 2 (part), 2003: Ord. 12054 § 2 (part), 1998)

Chapter 17.03 - CITY PLANNING COMMISSION

Sections:

17.03.010 - City Planning Commission, Landmarks Preservation Advisory Board and Board of Adjustments.

A.

City Planning Commission and Landmarks Preservation Advisory Board. The membership and organization of the City Planning Commission and Landmarks Preservation Advisory Board, shall be as prescribed in this code and Ordinance Nos. 192 and 8883 C.M.S., as amended respectively, including, but not limited to the amendments made by Ordinance No. 6485 C.M.S., and their powers shall be as prescribed in said ordinances and in this code. Unless expressly stated therein, neither the adoption of this code nor any amendments thereto, nor the repeal of any ordinance, shall in any manner affect the organization of the City Planning Commission or Landmarks Preservation Advisory Board as existing on the effective date hereof. Unless expressly stated otherwise, all persons holding office on said Commission or Board under any provision repealed by the ordinance codified in this title shall continue to hold such office according to the former tenure thereof.

B.

Abolition of Board of Adjustments. The Board of Adjustments is abolished; provided, however, that all matters pending before the Board of Adjustments on the effective date of this Section shall be heard and determined by the Board, or by the City Council in cases of appeal, in the same manner in effect prior to the effective date.

C.

Affirmative Action. To the extent practicable, Commission and Board appointments shall be made in accordance with the City's affirmative action policies.

D.

Geographic Diversity. To the extent practicable, Commission and Board appointments shall reflect the geographical diversity of the City.

E.

Councilmember Recommendations. In making Commission and Board appointments, the Mayor shall accept for consideration recommendations for appointments offered by each Councilmember. Councilmembers must submit recommendations to the Mayor for consideration at least thirty (30) days prior to expiration of an existing Commission or Board member's term.

F.

Staggered Terms. Commencing with the effective date of the ordinance codified in this Section, Commission and Board members shall be appointed to staggered terms, such terms to commence upon the date of appointment, except that an appointment to fill a vacancy shall be only for the unexpired portion of the term.

G.

Length of Terms. Except for the initial appointments made immediately following passage of the ordinance codified in this Section, which may be for lesser terms of two (2) years or one (1) year in order to establish staggered terms pursuant to Subsection F. of this Section, all appointments shall be for a period of three (3) years.

H.

1.

Limit on Consecutive Terms. Commencing with the effective date of the ordinance codified in this Section, no person shall serve more than two (2) consecutive terms as a member of the Commission or Board. Members of the Commission or Board sitting on the effective date of the ordinance codified in this Section shall not be appointed to serve more than one additional consecutive term as a member of the Commission or Board.

2.

In the event an appointment to fill a vacancy has not occurred by the conclusion of a Commission or Board member's term, that member may continue to serve as a member of the Commission or Board during the following term in a holdover capacity for a period not to exceed one year, to allow for the appointment of a Commission or Board member to serve the remainder of such following term.

I.

Removal. To assure participation of Commission and Board members, attendance by the members of the Commission and Board at all regularly scheduled and special meetings of the Commission and Board shall be recorded, and such record shall be provided semiannually to the Office of the Mayor for review. A member may be removed pursuant to Section 601 of the City Charter. Cause for removal shall include, among other things, conviction of a felony, misconduct, incompetency, inattention to or inability to perform duties, absence from three (3) consecutive regular meetings, or, for members of the Commission's Residential Appeals Committee, absence from three (3) consecutive regular meetings of the Committee, except, in the case of absences, on account of illness or when absent from the City by permission of the Commission or Board.

a felony, misconduct, incompetency, inattention to or inability to perform duties, absence from three (3) consecutive regular meetings, or, for members of the Commission's Residential Appeals Committee, absence from three (3) consecutive regular meetings of the Committee, except, in the case of absences, on account of illness or when absent from the City by permission of the Commission or Board.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12376 § 3 (part), 2001; Ord. 12054 § 1(d), 1998; Ord. 11776 §§ 1—3, 1995; prior planning code § 2)

The City Planning Commission shall have and exercise the following powers. It shall be advised and assisted in the exercise of these powers by the Landmarks Preservation Advisory Board.

A.

Regulatory Protection. As specified in the Zoning Regulations, the Commission may recommend structures, other physical features, sites, and areas to be given regulatory protection, and in certain cases shall review development proposals where such protection has been established by the City Council.

B.

Contracts with Property Owners. The Commission may negotiate with owners of properties having special characteristics for, and may recommend to the City Council the approval of, contracts to restrict the use of such property and to retain such characteristics.

C.

Recognition of Merit. The Commission may establish and maintain a list of structures, other physical features, sites, and areas considered deserving of official recognition although not given regulatory protection. The list may also include facilities, sites, or areas which are given regulatory protection. The purposes of the list shall be to recognize the merit of and encourage the protection, enhancement, perpetuation, and use of such structures, other physical features, sites, and areas. For these purposes, the Commission may authorize such steps as it deems desirable, including but not limited to the issuance of certificates of recognition and the authorization of plaques. The Commission, through the Director of City Planning, shall coordinate these efforts with any similar efforts of appropriate governmental agencies and private groups interested in preservation.

D.

Inventory and Evaluation. The Commission may carry out or assist or encourage studies and programs designed to identify and evaluate structures, other physical features, sites, and areas which are worthy of preservation. It may inspect and investigate structures, other physical features, sites, and other areas which it has reason to believe may be worthy of preservation.

E.

Consultation. The Commission may consult with, advise, and consider the ideas and recommendations of civic groups, public agencies, and citizens interested in preservation.

F.

Information and Advice. The Commission may disseminate information to the public concerning worthy structures, other physical features, sites, and areas. It may encourage and advise property owners in the protection, enhancement, perpetuation, and use thereof.

G.

Other Powers. The Commission may consider methods other than those described above for encouraging and achieving preservation of worthy structures, other physical features, sites, and areas. It may explore means of financing the restoration or maintenance thereof. It may make appropriate recommendations on the general subject of preservation to the City Council, other public and private agencies and bodies, and the general public.

H.

Relationship to Powers of Director of City Planning and Others. This Section is not intended to restrict the powers and duties otherwise pertaining to the Director of City Planning, or to other city officers or bodies,

in the field of preservation. They shall have the powers and duties assigned to them by the Zoning Regulations, by other codes and ordinances, by the City Charter, or by valid administrative authority.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. 12054 § 1(d), 1998; prior planning code § 3)

In addition to the powers and duties of the City Planning Commission as specified at Sections 17.03.010 and 17.03.020, the City Planning Commission shall have and exercise the following powers and duties:

A.

Guidelines. The Commission may adopt, or may authorize the director of City Planning to adopt, reasonable guidelines for the administration, interpretation, or requirements or this code or portions of this code.

B.

Status Reports. The Commission shall submit regular status reports to the City Council committee designated as liaison to the Commission. The regular status reports must be submitted at least once a year, or more frequently if directed by the chairperson of the City Council committee to which the Commission reports.

C.

Detailed Descriptions. Status reports submitted in fulfillment of Subsection B. of this Section must include a detailed description of operating and staffing needs, to be developed and maintained by the department responsible for staffing and administration of the Commission.

D.

City Council Goals. Each year, the Commission shall review the annual goals and objectives of the City Council. Review of City Council goals and objectives shall be undertaken to provide the Commission the opportunity to better integrate the activities of the Commission with the city's overall goals and objectives.

E.

City Council Approval of Standing Committees. City Council approval must be obtained prior to the creation of any standing committee of the Commission. A proposal to create a standing committee of the Commission must include information regarding the costs associated with staffing the standing committee, and the costs of complying with noticing and reporting require resulting from the establishment of any such standing committee of the Commission.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. 12054 § 1(d), 1998; Ord. 11776 § 4, 1995: prior planning code § 4)

There is created a Residential Appeals Committee of the City Planning Commission consisting of three (3) members of the Commission. The Committee shall decide all appeals of decisions by the Director of City

Planning as set forth in the Zoning Regulations. The method for appointing Committee members and the length of Committee members' terms shall be as set forth in the Commission's Rules of Procedure.

(Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. 12376 § 3 (part), 2001)

Chapter 17.05 - LANDMARKS PRESERVATION ADVISORY BOARD

Sections:

There is created a Landmarks Preservation Advisory Board. It shall consist of seven (7) members appointed by the Mayor subject to the affirmative vote of five (5) or more members of the City Council. In making appointments, the Mayor may consult persons and organizations interested in landmarks or historic preservation. The members shall include at least one architect; one landscape architect or city planner; one person having extensive knowledge of Oakland history, or of relevant architectural history; and one real estate broker or other person with significant experience in the financing or management of real estate.

(Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. 12054 § 1(e), 1998; prior planning code § 5(a))

17.05.020 - Terms.

Of the original appointments, two shall be for a one-year term, two shall be for a two-year term, and three shall be for a three-year term. After the expiration of the original terms, all appointments, other than those to fill a vacancy, shall be for three-year terms.

(Ord. 12054 § 1(e), 1998; prior planning code § 5(b))

Vacancies shall be filled for any unexpired term in the same manner as the original appointments were made.

(Ord. 12054 § 1(e), 1998; prior planning code § 5(c))

Any member of the Board may be removed for cause, after hearing, by the affirmative vote of six (6) or more members of the City Council.

(Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. 12054 § 1(e), 1998; prior planning code § 5(d))

The Board members shall serve without compensation. However, necessary actual travel and other expenses shall be reimbursed them, when the city's interests shall so require, if such is authorized by the City Council.

(Ord. 12054 § 1(e), 1998; prior planning code § 5(e))

The Board shall elect a chairperson and vice-chairperson from its own membership, and shall select a secretary who may be a member of the city staff. The Board shall establish rules and regulations for its own organization, procedure, and meetings.

(Ord. 12054 § 1(e), 1998; prior planning code § 5(f))

All meetings shall be open to the public, and interested persons shall be given reasonable opportunity to be heard.

(Ord. 12054 § 1(e), 1998; prior planning code § 5(g))

The Board shall make every effort to obtain assistance from, and to work with, private groups and citizens interested in preservation. It may designate auxiliary committees to assist it. The Board may seek staff assistance from the City Administrator or the City Council.

(Ord. 12776 § 3, Exh. A (part), 2006: Ord. 12054 § 1(e), 1998; prior planning code § 5(h))

The Board shall advise and assist the City Planning Commission and the Director of City Planning, as well as other public agencies, civic groups, and the general public, on the matters described in Section 17.03.020.

(Ord. 12054 § 1(e), 1998; prior planning code § 5(i))

A.

The Board shall submit regular status reports to the City Council committee designated as liaison to the Board. The regular status reports must be submitted at least once a year, or more frequently if directed by the chairperson of the City Council committee to which the Board reports.

B.

Status reports submitted in fulfillment of the requirements of this code must include a detailed description of operating and staffing needs, to be developed and maintained by the department responsible for staffing and administration of the Board.

C.

Each year, the Board shall review the annual goals and objectives of the City Council. Review of City Council goals and objectives shall be undertaken to provide the Board the opportunity to better integrate the activities of the Board with the city's overall goals and objectives.

D.

City Council approval must be obtained prior to the creation of any standing committee of the Board. A proposal to create a standing committee of the Board must include information regarding the costs associated with staffing the standing committee, and the costs of complying with noticing and reporting requirements resulting from the establishment of any such standing committee of the Board.

(Ord. 11776 § 5, 1995: prior planning code § 5(j))

Chapter 17.07 - TITLE, PURPOSE AND SCOPE OF THE ZONING REGULATIONS

Sections:

The provisions of this Chapter shall be known as the Title and Scope of the Zoning Regulations. The purpose of these provisions is to specify the title, purposes, and applicability of the zoning regulations and to require conformity to said regulations. These provisions shall apply to the entire zoning regulations.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. 12054 § 1(a), 1998; prior planning code § 2000)

17.07.020 - Title of zoning regulations.

The provisions of Chapters 17.07 through 17.158 shall be known as the Zoning Regulations.

(Ord. No. 13090, § 4(Exh. A), 10-4-2011; Ord. 12054 § 1(a, b), 1998; prior planning code § 2001)

The general purposes of the zoning regulations are to protect and promote the public health, safety, comfort, convenience, prosperity, and general welfare and to achieve the following objectives:

A.

To promote the achievement of the proposals, policies and objectives of the Oakland General Plan;

B.

To advance Oakland's position as a regional center of commerce, industry, recreation, and culture;

C.

To protect residential, commercial, industrial, and civic areas from the intrusion of incompatible uses, and to provide opportunities for establishments to concentrate for efficient operation in mutually beneficial relationship to each other and to shared services;

D.

To provide for desirable, appropriately located living areas in a variety of dwelling types and at a wide range of population densities, with adequate provision for sunlight, fresh air, and usable open space;

E.

To ensure preservation of adequate space for commercial, industrial, and other activities necessary for a healthy economy;

F.

To promote safe, fast, and efficient movement of people and goods, and the provision of adequate offstreet parking and loading;

G.

To achieve excellence and originality of design in all future developments and to preserve the natural beauty of Oakland's setting;

H.

To promote the growth of productivity of the Oakland economy;

I.

To stabilize expectations regarding future development of Oakland, thereby providing a basis for wise decisions with respect to such development;

J.

To secure equity among individuals in the utilization of their property;

K.

To promote an attractive urban environment which will enhance the City's economic potential and encourage decisions to make investments, do business, shop, and live within Oakland;

L.

To especially protect and improve the appearance and orderliness of major trafficways and transit lines and views therefrom, thereby increasing the enjoyment of travel, reducing traffic hazards, and enhancing the image of Oakland derived by residents, businesspeople, commuters, visitors, and potential investors;

M.

To protect the very substantial public investment in, and the character and dignity of, public buildings, open spaces, thoroughfares, and rapid transit lines;

N.

To encourage a maximum of planting and other amenities, and a minimum of excessively intrusive signs, overhead utility lines, and other environmental clutter;

O.

To encourage Signs which are in scale and harmony with surrounding uses, which are visually subordinate to the on-site and nearby buildings, which are themselves well designed, and which have good spacing and design relationships to other Signs;

P.

To prevent the unnecessary destruction or impairment of structures, other physical features, sites, and areas of special character or special historical, cultural, educational, architectural, aesthetic, or environmental interest or value and to achieve the following purposes:

1.

The protection, enhancement, perpetuation, and use of structures and other physical features, sites, and areas that are reminders of past eras, events, and persons important in local, state, or national history, or which provide significant examples of architectural styles of the past or are landmarks in the history of architecture, or which are unique and irreplaceable assets to the City and its neighborhoods, or which provide for this and future generations examples of the physical surroundings in which past generations lived,

2.

The development and maintenance of appropriate settings and environment for such structures, and other physical features, on such sites, and in such areas,

3.

The enhancement of property values, the stabilization of neighborhoods and areas of the City, the increase of economic and financial benefits to the City and its inhabitants, and the promotion of tourist trade and interest,

4.

The preservation and encouragement of a City of varied architectural styles, reflecting the distinct phases of its cultural, social, economic, political, and architectural history,

5.

The enrichment of human life in its educational and cultural dimensions in order to serve spiritual as well as material needs, by fostering knowledge of the living heritage of the past.

(Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12054 § 1(a), 1998; prior planning code § 2002)

17.07.040 - Applicability of zoning regulations.

A.

To Which Property Applicable. The zoning regulations shall apply, to the extent permissible under other laws, to all property within the City of Oakland, and to property outside Oakland to the extent provided in Subsection B. of this Section, regardless of whether such property is in private or public ownership.

B.

Prezoning of Land Outside City Limits. Pursuant to the applicable procedures set forth in Chapters 17.130 through 17.152, territory outside the City limits may be placed in appropriate zones, may be included on development control maps, or facilities thereon may be designated landmarks and landmark sites, and proposed planned unit developments or uses may be considered and action taken thereon. The zoning provisions and requirements so established shall become applicable at the same time that the annexation of such territory becomes effective.

C.

Duplicated or Conflicting Regulation or Restriction. Where any provision, condition or requirement imposed by, or pursuant to, the zoning regulations and any other provision of any other applicable law, ordinance, resolution, rule or regulation, whether set forth in, or pursuant to, this Code, the Oakland Building Code or Oakland Housing Code, or in any other law, ordinance, resolution, rule, regulation, term, or requirement, imposes overlapping or contradictory regulations, or contains restrictions covering any of the same subject matter, that provision which is more restrictive or imposes higher standards shall control, except as otherwise expressly provided in the zoning regulations or elsewhere in the Oakland Municipal Code. No provision of this code shall be construed to abrogate, annul or impair any restriction covering any of the same subject matter that is more restrictive or imposes higher development standards except as otherwise expressly provided in the zoning regulations.

D.

Private Agreements. The zoning regulations are not intended to abrogate, annul, or impair any easement, covenant, or other agreement between parties, including but not limited to homeowners association's Covenants, Conditions, and Restrictions (CC&Rs). However, where the zoning regulations impose a greater restriction or higher standard than that required by such agreement, the zoning regulations shall control, except as otherwise authorized under the development agreement procedure in Chapter 17.138.

(Ord. No. 13435, § 4(Exh. A), 5-2-2017; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12054 § 1(a), 1998; prior planning code § 2003)

17.07.050 - Effect of development control maps.

Development control maps and all notations, references, and regulations shown therewith shall be considered part of the zoning regulations. Development control maps may include, but are not limited to, regulations intended to carry out any plan respecting location or type of activities; height, bulk, siting, or design of structures; location or design of open areas and landscaping; and other comparable regulations. In case of conflict with any other provision of the zoning regulations, the development control map shall take precedence, except as otherwise authorized under the development agreement procedure in Chapter 17.138.

(Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. 12054 § 1(a), 1998; prior planning code § 2004)

17.07.060 - Conformity with zoning regulations required.

Except as otherwise allowed by Subsections A., B., and C. below, by Section 17.114.030 and by the Nonconforming Use regulations in Chapter 17.114, or as authorized under Section 17.138.015, the Development Agreement procedure in Chapter 17.138, or the Variance and Exception procedure in Chapter 17.148, no activities or facilities shall be established, substituted, expanded, constructed, altered, moved, maintained, or otherwise changed, and no lot lines shall be created or changed, except in conformity to the zoning regulations.

A.

Notwithstanding any contrary provisions in the zoning regulations or the Land Use and Transportation Element of the General Plan, for the duration of a state of emergency or local emergency (defined in California Government Code § 8558) or a shelter crisis (defined in Government Code §§ 8698.1 et seq.) declared by the City Council, Emergency Shelter Residential Activities, as defined in Section 17.10.118 of the Oakland Planning Code, and Emergency Housing and Emergency Housing Facilities, as defined in Section 15.04.3.2400 of the Oakland Building Code, shall be permitted by right with no discretionary approvals, including design review, on all properties owned or leased by the City that are designated by the City Administrator for use as temporary emergency housing sites. Facilities under this Subsection must meet the standards codified in Section 15.04.3.2400 of the Oakland Building Code, as may be amended. An informational report will be submitted to Planning Commission and City Council within ninety (90) days of the commencement of operation of each temporary emergency housing site authorized under this section. After the expiration of a declaration of a state of emergency, local emergency, or shelter crisis, all temporary uses permitted by this Section must be removed within ninety (90) days unless approved for continued use in conformity to the zoning regulations.

B.

For the duration of a valid Temporary Recreational Vehicle (RV) Occupancy Permit issued pursuant to the Recreational Vehicle on Undeveloped Property Pilot Program described in Oakland Municipal Code (OMC) Chapter 5.72, the applicable regulations or requirements in OMC Chapter 5.72 shall prevail over the regulations or requirements in the Oakland Planning Code (Title 17); and Recreational Vehicles, as defined by Section 18010 of the California Health and Safety Code, that are occupied on private property pursuant to a valid Temporary RV Occupancy Permit shall be considered permitted Residential Facilities. Facilities subject to the Recreational Vehicle on Undeveloped Property Pilot Program must meet the standards codified in OMC Chapter 5.72, as may be amended. After the expiration of this Pilot Program in OMC Chapter 5.72, all permitted temporary uses must be removed no later than the termination of the Temporary RV Occupancy Permit issued prior to expiration of the Pilot Program, unless approved for continued use in conformity to the zoning regulations.

C.

Notwithstanding any contrary provisions in the zoning regulations or the Land Use and Transportation Element of the General Plan, the permit requirements for Sidewalk Cafes as set forth in the individual Zoning Chapters and in Planning Code Section 17.103.090 and required off-street parking ratios for General Retail, Limited Service Restaurant and Full Service Restaurant Commercial Activities are suspended until December 31, 2023 unless further extended by City Council, to facilitate the expansion of Sidewalk Cafes, General Retail Commercial Activities, and Limited and Full Service Restaurants into open air spaces that allow for adequate social distancing pursuant to federal, state and local health guidelines.

The applicable permit requirements and procedures for Sidewalk Cafes that expand into the public right-ofway, and General Retail Commercial Activities and Limited and Full Service Restaurants that expand to open spaces on private property are set forth in O.M.C. Chapter 8.62. This Subsection shall terminate on December 31, 2023 unless further extended by City Council.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13653, § 4, 6-15-2021; Ord. No. 13611, § 5(Exh. C), 7-28-2020; Ord. No. 13537, § 3(Exh. A), 6-4-2019; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. 12054 § 1(a), 1998; prior planning code § 2010; Ord. No. 13682, § 4, 3-15-2022)

17.07.065 - Permitted and conditionally permitted uses.

A.

Other Uses Prohibited. Except as otherwise provided in Sections 17.114.030 and 17.154.060, the nonconforming use regulations in Chapter 17.114, and the planned unit development regulations in Chapter 17.142, or as authorized under Section 17.138.015, the development agreement procedure in Chapter 17.138, or the variance procedure in Chapter 17.148, no land shall be improved or used for any activity or facility which is not listed as permitted or conditionally permitted in the applicable individual zone regulations or development control maps.

B.

Relationship Between Activities and Facilities. A use must qualify under the zoning regulations both as an activity and as a facility. A permitted or conditionally permitted activity may be accommodated or served only by a permitted facility or, upon the granting of a conditional use permit, by a conditionally permitted facility; and a permitted or conditionally permitted facility may accommodate or serve, or be designed to accommodate or serve, only a permitted activity or, upon the granting of a conditional use permit, a conditionally permitted activity.

(Ord. No. 13172, § 3(Exh. A), 7-2-2013)

In their interpretation and application, the provisions of the zoning regulations shall be considered the minimum requirements necessary to accomplish the purposes set forth in Section 17.02.030.

(Ord. 12054 § 1(a), 1998; prior planning code § 2011)

Chapter 17.09 - DEFINITIONS

Sections:

The provisions of this Chapter shall be known as the Definitions. The purpose of these provisions is to promote consistency and precision in the interpretation of the zoning regulations. The meaning and construction of words and phrases as hereinafter set forth shall apply throughout the zoning regulations, except where the context of such words or phrases clearly indicates a different meaning or construction.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. 12054 § 1(c), 1998; prior planning code § 2100)

The following general rules of construction shall apply to the textual provisions of the zoning regulations:

A.

The particular shall control the general.

B.

In case of any difference of meaning or implication between the text of any provision and any caption or illustration, the text shall control.

C.

The word "shall" is always mandatory and not discretionary. The word "may" is discretionary.

D.

The word "permitted" means permitted without the requirement for a conditional use permit but subject to all applicable regulations.

E.

The words "conditionally permitted" mean permitted subject to the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134 and subject to all other applicable regulations.

F.

Words used in the present tense include the future, and words used in the singular include the plural, and the plural the singular, unless the context clearly indicates the contrary.

G.

The words "activities" and "facilities" mean and include any part thereof.

H.

Unless the context clearly indicates to the contrary, the following conjunctions shall be interpreted as follows:

1.

"And" indicates that all connected items or provisions shall apply.

2.

"Or" indicates that the connected items or provisions may apply singly or in any combination.

"Either...or" indicates that the connected items or provisions shall apply singly but not in combination.

I.

All public officials, bodies, and agencies to which reference is made are those of the city of Oakland unless otherwise indicated.

J.

The word "city" means the City of Oakland.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. 12054 § 1(c), 1998; prior planning code § 2101)

17.09.030 - Use classifications.

Activity types and facility types, the names of which always start with capital letters, are described in the use classifications in Chapter 17.10.

(Ord. 12054 § 1(c), 1998; prior planning code § 2102)

"'A' weighted sound level" means the total sound level in decibels of all sound as measured with a sound level meter with a reference pressure of twenty (20) micropascals using the 'A' weighted network (scale) at slow response. The unit of measurement shall be defined as dBA or dB(a).

"Access facility width" means the width of the paved roadway surface curb-to-curb or edge-to-edge, exclusive of shoulders.

"Accessory activity" means an activity which is incidental to, and customarily associated with, a specified principal activity, and which meets the applicable conditions set forth in Section 17.10.040.

"Accessory Dwelling Unit" or "ADU" means an interior, attached or detached dwelling unit that is accessory to a proposed or existing primary Residential Facility located on the same lot; provides complete independent living facilities for one (1) or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation; meets the standards and criteria of Section 17.103.080 and Chapter 17.88; and conforms to one (1) or more of the following permitted ADU types:

A.

"Junior Accessory Dwelling Unit" or "JADU" means an Accessory Dwelling Unit that is contained entirely within the building envelope of an existing or proposed One-Family Residential Facility. A JADU may include conversion of enclosed uses within the residence, such as an attached garage. It may include separate sanitation facilities or may share sanitation facilities with the primary Residential Facility, but must contain an efficiency kitchen. A JADU is not allowed as a conversion of detached or attached accessory structures. Owner occupancy is required in either the JADU or the primary Residential Facility. The owner of the JADU is required to record a deed restriction setting forth this requirement.

B.

"One-Family Category One ADU" means an Accessory Dwelling Unit that is a conversion of space within an existing One-Family Residential Facility or an associated legally existing accessory structure, or an existing associated accessory structure that is rebuilt pursuant to the requirements set forth in Table 17.103.01.

C.

"One-Family Category Two ADU" means a newly constructed attached or detached Accessory Dwelling Unit on a lot with an existing or proposed One-Family Dwelling Residential Facility. A One-Family Category Two ADU may include an exterior addition to an existing primary One-Family Residential Facility for the purposes of accommodating the ADU.

D.

"Multifamily Category One ADU" means an Accessory Dwelling Unit that is a conversion of a legally existing, non-habitable space, such as storage rooms, boiler rooms, passageways, attics, basements, or garages located within legally existing portions of Two- to Four-Family or Multifamily Dwelling Facilities. Non-habitable space does not include detached accessory structures, existing residential units, commercial space, community rooms, gyms, laundry rooms or any finished spaces that are meant to be occupied by people and used communally.

E.

"Multifamily Category Two ADU" means a newly constructed detached Accessory Dwelling Unit, or a conversion of a legally existing detached accessory structure, on a lot with existing Two- to Four-Family or Multifamily Dwelling Facilities. A converted detached Category Two ADU(s) is either: (a) within the building envelope of an existing detached accessory structure and involves no expansion of existing building envelope; or (b) within a rebuilt detached accessory structure built in the same location and to the same exterior dimension as the existing detached accessory structure(s).

F.

"Multifamily Category Three ADU" means a newly constructed ADU that is interior or attached to a primary structure, or a conversion of a legally existing attached accessory structure that is rebuilt pursuant to the requirements set forth in Table 17.103.02, or a combination of both new construction and conversion for the purposes of creating only one (1) ADU on the lot.

"Accessory facility" means a facility, other than a Sign, which is incidental to, and customarily associated with, a specified principal facility, and which meets the applicable conditions set forth in Section 17.10.070.

"Accessory structure" means a building or facility, other than a Sign, which is incidental to, and customarily associated with, a specified principal facility, and which meets the applicable regulations set forth in Title 17 of the Oakland Planning Code.

"Activity" means the performance of a function or operation.

"Activity type" means a type of activity which is specially described as such by the use classifications in Chapter 17.10 on the basis of common functional characteristics and similar effects on other uses, and

which is designated throughout the zoning regulations by a special name each word of which starts with a capital letter.

"Adult entertainment activity" means any commercial activity, whether conducted intermittently or full-time, which primarily involves the sale, display, exhibition, or viewing of books, magazines, films, photographs, or other materials, distinguished or characterized by an emphasis on matter depicting, describing, or relating to human sex acts, or by emphasis on male or female genitals, buttocks, or female breasts.

t activity" means any commercial activity, whether conducted intermittently or full-time, which primarily involves the sale, display, exhibition, or viewing of books, magazines, films, photographs, or other materials, distinguished or characterized by an emphasis on matter depicting, describing, or relating to human sex acts, or by emphasis on male or female genitals, buttocks, or female breasts.

"Affordable Housing". Affordable Housing shall mean that the relevant housing is available and restricted by written agreement to occupancy at an Affordable Housing Cost or an Affordable Rent to moderate income households, low income households, or very low income households. If the proposed development will be rented to tenants at an Affordable Rent, the units shall be subject to a recorded affordability restriction for fifty-five (55) years or for the life of the development project, whichever is greater. If the proposed development is for-sale units, the units shall be subject to a recorded affordability agreement for forty-five (45) years consistent with the provisions of Government Code Section 65915(c)(2). The written agreement shall be recorded against the units as covenants running with the land, senior in priority to any private liens or encumbrances except as provided below and shall be enforceable by the City against the applicant or the applicant's successors-in-interest to the property for the full affordability term. Additional restrictions, deeds of trust, rights of first refusal, or other instruments may be required by the City Administrator as reasonably needed to enforce these restrictions. The City Administrator shall have the authority to subordinate such restrictions to other liens and encumbrances if they determine that the financing of the Affordable Housing units would be infeasible without said subordination.

"Affordable Housing Cost" shall have the same meaning as provided in Section 50052.5 of the California Health and Safety Code and its implementing regulations. Affordable Housing Cost includes loan principal, loan interest, property and mortgage insurance, property taxes, home owners' association dues and a reasonable allowance for utilities.

"Affordable Rent" shall have the same meaning as Section 50053 of the California Health and Safety Code and its implementing regulations. Affordable rent includes rent and a reasonable allowance for utilities.

"Alcoholic beverage" means alcohol, spirits, liquor, wine, beer, or any liquid or solid containing alcohol, spirits, wine, or beer, which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.

"Alcoholic beverage license overconcentrated areas" means a police beat not located in the Central District (as defined in this Section) with crime rates that exceed the City median by twenty (20) percent or more or a census tract in which the per capita number of on-sale or off- sale retail Alcoholic Beverage Sales licenses exceeds the Alameda County median.

"Alley" means a dedicated public way intended primarily to provide secondary vehicular access to abutting properties.

"Alteration" means any enlargement; addition; demolition; removal; relocation; repair; remodeling; change in number of living units; development of or change in an open area; development of or change in a Sign, by painting or otherwise; or other change in a facility, but excluding painting except as provided above for Signs, and ordinary maintenance for which no building permit is required.

"Ambient noise level" means the all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding any alleged offensive noise. In this context, the ambient noise level constitutes the normal or existing level of environmental noise at a given location.

"Area Damaged by the 1991 Firestorm" means all of that area situated: beginning at the intersection of Claremont Avenue and the westerly line of the University of California, Berkeley campus, thence southerly along said westerly property line of the University of California campus to Grizzly Peak Boulevard; thence southeasterly on Grizzly Peak Boulevard to the most westerly line of the Robert Sibley Volcanic Regional Preserve; thence due south to Skyline Boulevard; thence westerly on Skyline Boulevard to Broadway Terrace; thence southwest on Broadway Terrace to Farallon Way; thence southwest on Farallon Way and the extension of Farallon Way to Pinehaven Road; thence westerly on Pinehaven Road to Broadway Terrace; thence southerly on Broadway Terrace to Uranus Avenue; thence east on Uranus Avenue to Sherwood Drive; thence south on Sherwood Drive to Taurus Avenue; thence west on Taurus Avenue approximately six hundred fifty (650) feet to a path connecting Taurus Avenue and Capricorn Avenue; thence south along said path to Capricorn Avenue; thence south on Capricorn Avenue to Florence Terrace; thence north and west on Florence Terrace and an extension of Florence Terrace across Highway 13 to Estates Drive; thence west on Estates Drive to Masonic Avenue; thence south on Masonic Avenue to Amy Drive; thence southwest on Amy Drive to Harbord Drive; thence southeast on Harbord Drive to Maxwelton Road; thence southwest on Maxwelton Road to the Oakland-Piedmont border; thence northwest along said Oakland-Piedmont border to Clarewood Drive; thence northwest on Clarewood Drive to Broadway Terrace; thence west on Broadway Terrace to Margarido Drive; thence north and east on Margarido Drive to Rockridge Boulevard South; thence west on Rockridge Boulevard South to Rockridge Boulevard; thence west on Rockridge Boulevard to Broadway; thence north on Broadway to Golden Gate Avenue; thence north on Golden Gate Avenue to Chabot Road; thence along the extension of Golden Gate Avenue to the Oakland-Berkeley border; thence along said Oakland-Berkeley border to the intersection of said OaklandBerkeley border with Claremont Avenue; thence northeast on Claremont Avenue to the point of beginning.

"Area of Primary Importance" or "API" means an area as defined by the Historic Preservation Element of the General Plan.

"Area of Secondary Importance" or "ASI" means an area as defined by the Historic Preservation Element of the General Plan.

"Attic" means a space between the roof framing and the floor of such space and which is excluded from the definition of "story."

"Base of a building" or "building base" means that portion of a building immediately above finished grade to the maximum total base height as described in an individual zoning designation.

"Basement" means the area below the lowest level of a building and which is excluded from the definition of "story."

"Bedroom" means any habitable room, regardless of its designation on building plans, which meets both of the following criteria:

The room may legally function as a bedroom in that it complies with, or is required by the Building Official to comply with, all applicable laws and regulations pertaining to sleeping rooms, including, but not limited to, the requirements of the Oakland Building Code for light and ventilation in habitable rooms and emergency egress from sleeping rooms; and the Oakland Housing Code definition of "sleeping room."

2.

The room may logically function as a bedroom, with consideration given to its function and physical relationship to the remainder of the living unit.

"Berth" means an area, exclusive of docks, designated to accommodate a motor vehicle during loading or unloading of goods.

"Buildable area" means the portions of a lot on which a building can be located as defined by the minimum setbacks, if any, and all other applicable provisions of this code.

"Buildable envelope" means the volume of space for buildings and other structures as defined by the minimum setbacks and the maximum allowable height.

"Building" means a structure having a roof supported by columns or walls.

"Building Envelope" means the exterior surface of a building, consisting of such elements as the foundation, walls, windows, roof, doors, floors, and other attached features. An increase in the building envelope shall be defined as an increase in the exterior size, footprint, or height of a building; or the enclosure or conversion into living area of any open balcony, deck, porch, or unenclosed understory.

"Building Facility" means any structure, open area, or object which accommodates or is intended to accommodate Residential, Civic, Commercial, Industrial and/or Mixed Use Activities. Building Facilities also include such facilities as are customarily associated with, and are appropriate, incidental, and subordinate to Residential, Civic, Commercial, Industrial and/or Mixed Use Activities.

"Building Front" see front of building.

"Building length" means a plan dimension parallel to an exterior wall or walls. This measurement is equal to the horizontal dimension of the corresponding elevation of the building or structure at a given level.

"By Right Residential Approval". "By Right Residential Approval" shall mean a ministerial approval process for specified residential projects in which the following apply:

A.

The City shall not require a Conditional Use Permit, Planned Unit Development permit, or other discretionary permit of any kind. The project shall not require a discretionary permit and thus will not be subject to review under the California Environmental Quality Act.

B.

The City shall not exercise any subjective judgment in deciding whether and how to carry out or approve the project and shall apply property development standards and objective design review standards

applicable to the underlying zoning designation and the S-13 and S-14 Combining Zones, if applicable. The City shall maintain a list of publicly available applicable objective design review standards that may be amended from time to time.

C.

The project shall not be subject to a public hearing of any type, and there shall be no right of appeal. However, an applicant may request at its sole discretion review before the Design Review Committee of the Planning Commission.

D.

Prior to submitting an application for By Right Residential Approval, the applicant shall give notice of intention to apply for By Right Residential Approval by mail or delivery to all owners and occupants of real property in the city within three hundred (300) feet of the property involved, using language provided by the Planning Bureau.

E.

The project shall be subject to any applicable City of Oakland standard conditions of approval, which shall be identified along with the decision letter issued for the project.

F.

The project must demonstrate consistency with the Oakland Equitable Climate Action Plan (ECAP) through completion of an ECAP Consistency Checklist submitted concurrently with the development application.

"Car-share, private" means a service provided within a development that provides motor vehicles available only to occupants and only on an hourly basis or in smaller intervals.

"Car-share, public" means a service that provides an integrated Citywide network of neighborhood-based motor vehicles available to members by reservation on an hourly basis or in smaller intervals.

"Central District" means the area within the boundaries of I-980 and Brush Street to the west; both sides of 27th Street to the north, Harrison Street/Lake Merritt and the Lake Merritt Channel to the east, and the Estuary to the south.

"Character-defining elements" means those features of design, materials, workmanship, setting, location, and association that identify a property as representative of its period and contribute to its visual distinction or historical significance.

"Collective household" means a group of at least two, but not more than five, persons who are unrelated by blood, marriage, or adoption, living together as an independent housekeeping unit.

"Commercial Zone" means any zone with a name that contains the words "Commercial Zone."

"Common driveway" means a driveway having a width of no less than twelve (12) feet and providing a shared access alternative to, and across existing legal lots which have street frontage, regardless of lot ownership. At the discretion of the Director of Public Works, based on considerations described in the City

Planning Commission guidelines, the street entrance portion of the common driveway may be located within the public right-of-way. In calculating aggregate residential density, the area of the common driveway shall be excluded from the total area of the lots crossed by the common driveway.

"Corner lot" (see illustration I-1) means a lot bounded on two or more adjacent sides by streets, by private ways described in Section 17.106.020, or by portions of such streets or ways, having an angle of intersection of one hundred thirty-five (135) degrees or less.

"Court" means an area between two walls on the same lot, measured for a specified distance, in a horizontal plane, perpendicularly from either of such walls; located on the same lot as said walls; and open and unobstructed except for the facilities allowed therein by Section 17.108.130.

"Coworking Space" means a facility that contains workspaces that are made available to individuals and businesses for short-term intervals through a membership or rental basis. These spaces include shared business resources such as internet and office equipment and shared social, networking, conferencing and gathering spaces. A coworking space may also include an accessory café or other retail component and other amenities.

"Day" means calendar day.

"Decibel (dB)" means a unit for measuring the amplitude of sounds, equal to twenty (20) times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micropascals.

"Dependent loading berth" means a loading berth that can only be accessed by driving across another parking space or loading berth. (See also "Independent loading berth" and "Tandem loading berth" in this Section.)

"Dependent parking space" means a parking space that can only be accessed by driving across another parking space or loading berth. (See also "Independent parking space" and "Tandem parking" in this Section.)

"Designated Historic Properties" means landmarks, contributors or potential contributors to Preservation Districts, or Heritage Properties.

"Designated landmark" means a facility, portion thereof, or group of facilities which has a special character, interest, or value and which has been established as a landmark pursuant to Section 17.136.070 and the rezoning and law change procedure in Chapter 17.144.

"Designated landmark site" means a lot or other site which contains a designated landmark and which has been established pursuant to Section 17.136.070 and the rezoning and law change procedure in Chapter 17.144.

"Development control map" means a map or set of maps, with supporting text, regulating the precise location, height, bulk, design, or nature of activities or facilities.

"Display surface (area of)" means the area of the smallest plane figure which can be made to include all of the idea, advertisement, identification, or information intended to be conveyed by a Sign, including any trim

or other material or color forming an integral part of the display or used to differentiate the Sign from the background against which it is placed, but excluding uprights or other structural members which are not a part of the display. With respect to multifaced Signs, the area of all such faces shall be included except where the context refers to only one face.

"Diagonal length" means a horizontal plan dimension between the two most separated points on the exterior walls at a given level of a building or structure.

"Dormer" means a roofed structure projecting from a sloping roof and containing a window or ventilating louver.

"Driveway" means the way or means of vehicular access from that portion of a street used for vehicular travel to the parking, loading, or other vehicular activity on the adjacent property, including the portion of the sidewalk lying within said way or means of access. (Note that this differs from the definition of "Driveway" at Section 12.04.240 of the Oakland Municipal Code, which only includes that portion lying within the street right-of-way.)

"Dwelling unit" means a room or suite of rooms including only one kitchen, except as otherwise provided in Section 17.102.270, and designed or occupied as separate living quarters for one person or family; or, where the facility occupied is a One-Family Dwelling, such person or family and not more than four (4) boarders, roomers, or lodgers where access to all rooms occupied by such boarders, roomers, or lodgers is had through the main entrance of the dwelling unit.

"Earthen berm" means a mound or embankment of earth, together with necessary retaining structures.

"Edge of the pavement" means the edge of that part of a street, alley, or private access easement described in Section 17.106.020, having an improved surface used for vehicle travel and parking, including gutters, but not including a raised curb or sidewalk.

"Efficiency Dwelling Unit" means a dwelling unit containing only a single habitable room other than a kitchen and containing a total floor area of four hundred (400) square feet or less.

"Electroplating activity" means the electrochemical process of depositing a thin metallic coating of one metal on top of a different metal by passing an electrical current into a piece of metal immersed in chemical solutions comprised of caustics, acids, cyanides or other bonding chemicals, and causing a metallic coating to bond with the object to be plated. Such activities are classified as General Manufacturing Industrial Activities and are subject to the provisions of Section 17.102.340.

"Employee housing" is defined consistent with California Health and Safety Code Section 17008, as may be amended, and means any portion of any living unit, or property upon which a living unit is located, where the accommodations consist of living quarters, dwelling, boardinghouse, tent, bunkhouse, maintenance-of-way car, mobile home, manufactured home, recreational vehicle, travel trailer, or other housing accommodations, and is maintained by an employer in connection with any work or place where work is being performed, whether or not rent is involved.

operty upon which a living unit is located, where the accommodations consist of living quarters, dwelling, boardinghouse, tent, bunkhouse, maintenance-of-way car, mobile home, manufactured home, recreational vehicle, travel trailer, or other housing accommodations, and is maintained by an employer in connection with any work or place where work is being performed, whether or not rent is involved.

"Enclosed retaining wall" means a retaining wall located on a lot such that it is visually shielded by other permanent structures and cannot be seen from public streets and adjacent lots.

"Existing grade" means the natural grade or the revised grade due to prior development of a lot.

"Facility" means a structure, open area, or other physical contrivance or object.

"Facility Type" means a type of facility which is specially described as such by the use classifications in Chapter 17.10 on the basis of common functional characteristics and similar effects on other uses, and which is designated throughout the zoning regulations by a special name each word of which starts with a capital letter.

"Family" means one person, or a group of people living together as a single housekeeping unit, together with any incidental domestic servants and temporary nonpaying guests.

"Family foster care home" means a Residential Activity providing twenty-four (24) hour care for six (6) or fewer foster children in a Residential Facility that is the residence of the foster parents, including their family, in whose care the foster children have been placed.

"Finished grade" means:

1.

Natural grade exterior to all buildings or structures created by any proposed development in all those situations not covered by Subsection 2. of this definition;

2.

A revised grade exterior to all buildings or structures created by any proposed development where the revised grade is achieved under a City grading permit, subdivision approval, or conditional use permit or other special zoning approval, or through officially approved work in a public right-of-way.

"Flashing illumination (of a Sign)" means illumination of a Sign wherein such illumination is not maintained constant in intensity, color, and pattern during all times the Sign is activated.

"Floor Area":

1.

"Floor area," for all projects except those with one or two dwelling units on a lot, means the total of the gross horizontal areas of all floors, including usable basements, below the roof and within the outer surfaces of the main walls of principal or accessory buildings or the center lines of party walls separating such buildings or portions thereof, or within lines drawn parallel to and two (2) feet within the roof line of any building or portion thereof without walls, but excluding the following:

a.

Areas used for off-street parking spaces or loading berths and driveways and maneuvering aisles relating thereto;

b.

Areas which qualify as usable open space under the standards for required usable open space in Chapter 17.126;

c.

In the case of Nonresidential Facilities: arcades, porticoes, and similar open areas which are located at or near street level, which are accessible to the general public, and which are not designed or used as sales, display, storage, service, or production areas.

2.

"Floor area," for all projects with one or two dwelling units on a lot, means the total square footage of all levels of all buildings on the lot. Levels shall be measured horizontally from the outside surface of exterior walls and supporting columns. The amount of floor area in each building shall be determined by the following criteria:

a.

Floor area shall include all enclosed shafts, including stairwells, ventilation shafts and similar vertical shafts; the floor area of such shafts shall consist of the horizontal projection into the shaft of surrounding floor area; and

b.

Floor area shall not include:

i.

Unenclosed living areas such as balconies, decks and porches;

ii.

Carports that are unenclosed on two (2) or more sides;

iii.

Up to four hundred forty (440) square feet within an attached or detached garage or carport that is enclosed on three (3) or more sides;

iv.

Nonhabitable accessory structures of less than one hundred twenty (120) square feet;

v.

Attics and basements, as defined in the Oakland Planning Code, that do not qualify as a story; and

vi.

Finished and unfinished understories and basements if the height from finished grade at the exterior perimeter of the building to the finish floor elevation above is six (6) feet or less for at least fifty percent

(50%) of the perimeter and does not exceed twelve (12) feet above grade at any point.

"Floorplate" means the total area of a single floor of a building.

"Floor Area of a marina" means the space dedicated to the docking or mooring of marine vessels.

"Floor-Area Ratio (FAR)" means the number resulting from the division of the floor area on a lot by the lot area.

"Food Desert" refers to areas designated as "Low-access tract at one-half mile" by the US Department of Agriculture (USDA) 2019 Food Access Research Atlas and is defined as an urban tract with at least five hundred (500) people, or thirty-three percent (33%) of the population, living more than one-half mile from the nearest supermarket, supercenter, or large grocery store.

"Footprint" means the total land area covered by all structures on a lot, measured from outside of all exterior walls and supporting columns, including residences, garages, covered carports, and accessory structures, except that the following shall not be considered in determining footprint:

1.

The portions of any uncovered and unenclosed decks, porches, landings, or patios, not including railings, which are less than thirty (30) inches above finished grade;

2.

The portions of any uncovered and unenclosed balconies and stairways, including railings, which are less than six (6) feet above finished grade;

3.

Eaves and roof overhangs; and

4.

Trellises and similar structures which do not have solid roofs and which would not otherwise be included in this definition.

"Footprint slope" means the deviation of the ground surface from the horizontal, expressed as a percentage, measured at the steepest point between opposite sides of the building footprint. For additions, the ground surface slope is measured at the steepest point between opposite sides of the existing building footprint, plus the footprint of the addition.

"Frequency" means the number of oscillations per second, or pitch, of a sound, with a greater frequency corresponding to a higher pitch.

"Frontage" means a front lot line; also the length thereof.

"Front of building" or "building front" means that part of the facade oriented towards and visually prominent to the principal street.

"Front lot line" means:

1.

On an interior lot: any abutting street line, except where an interior lot has more than one abutting street line, the Director of City Planning shall select one of the street lines as the front lot line; such selection shall conform with any neighborhood patterns.

2.

On a corner lot: the shorter of any adjacent two abutting street lines, or portions thereof, which intersect at an angle of not less than forty-five (45) degrees but not more than one hundred thirty-five (135) degrees; except that the Director of City Planning may select either as the front lot line to conform with any neighborhood patterns. If adjacent street lines, or portions thereof, of a corner lot intersect at an angle of less than forty-five (45) degrees, both such street lines or portions thereof shall be deemed front lot lines.

"Front yard" means a yard measured into a lot from its front lot line or lines equal to the depth of the required front yard. Except where a front yard is prescribed only for certain kinds of facilities, a required front yard shall extend the full width of the lot between its side lot lines.

"Front setback" or "Front yard setback" means the setback from the front lot line.

"Full-service restaurant" means any activity described in Oakland Planning Code Section 17.10.272.

"Gable end" means the end of a gable, gambrel, gablet, jerkinhead, shed, or similar roof consisting of a generally triangular shaped wall or vertical plane at the end of the roof and inscribed by the edges of the roof planes and a line connecting the bases of the roof planes.

"Gradient" means the difference in elevation between defined reference points divided by the horizontal distance between these points.

"Gross vehicle weight rating" means the vehicle weight specified by the manufacturer as the maximum loaded weight (truck plus cargo) of a single vehicle.

"Ground floor" means the story of a building that is at or nearest ground level.

"Habitable room" means a space in a living unit intended for living, sleeping, eating, or cooking, including, but not limited to, living rooms, dining rooms, bedrooms, kitchens, dens, family rooms, finished recreation rooms, and enclosed porches suitable for year-round use.

To be considered an individual habitable room, a space must be either:

1.

Entirely enclosed by partitions and connected to other rooms or spaces by doorways or open archways;

2.

Separated from another space that both has a floor level difference of at least one (1) foot and is intended to be used for a different function; or

3.

A kitchen area. Where there are no partitions, open archways, or a split floor level, as described in Subsections 1. and 2. above, the part of the kitchen space considered a habitable room includes all kitchen counters, cabinets, major appliances, and other fixtures plus the floor area within three (3) feet directly in front these items.

Specifically excluded from the definition of habitable room are bathrooms, water closets, hallways, foyers, storage closets, pantries, laundries, utility rooms, unfinished attics and basements, balconies, open porches, garages, and other unfinished spaces used for storage.

"Habitable rooms, number of" means the total number of habitable rooms in a Residential Facility, except:

1.

A habitable room of less than fifty (50) square feet counts as half a room.

2.

A habitable room larger than four hundred (400) square feet counts as one (1) room for each four hundred (400) square feet or fraction thereof.

"Height" means the vertical distance of any structure, building, fence, Sign, retaining wall, or other facility measured from any point on top of the facility to a line directly below which meets finished grade on the outside perimeter of the facility, or intersects with a perpendicular plane connecting opposite points of finished grade at the outside perimeter of the facility.

1.

The height of any portion of a facility within six (6) feet of a retaining wall shall be measured from finished grade at the perimeter of the facility or at the base of the retaining wall, whichever is lower, subject to the following exceptions:

a.

The height of any fence separated by a distance of at least eighteen (18) inches from the inside face of a retaining wall shall be measured from finished grade at the perimeter of the fence.

b.

The height of any facility abutting a light well, depressed landing, or similar facility that extends entirely below surrounding finished grade and no more five (5) feet from the perimeter of the abutting facility shall be measured from the surrounding finished grade at the outside perimeter of the facility, not including the light well, depressed landing, or similar facility.

"Home occupation" means an accessory activity of a nonresidential nature which is performed within a living unit; or within a garage or accessory structure attached or detached thereto and reserved for use by an occupant of the living unit and which is customarily incidental to the residential use of the living unit; or for Limited Agricultural Activities and/or bee keeping, in an outdoor area which is reserved for use by an

occupant of the living unit and customarily incidental to the residential use of the living unit. A home occupation shall be subject to the provisions of Chapter 17.112.

"Hotel" means a facility, other than a motel, designed for or occupied by Transient Habitation Commercial Activities, where access to individual units is predominantly by means of common interior hallways.

"Illegal use" means an activity or facility that does not enjoy a legal conforming or legal nonconforming status, as defined in the zoning regulations. A minor illegal use is an illegal use that can be legalized by any means other than by major variance.

"Improvement" means, for the purposes of implementation of the recycling space allocation requirements, work which adds to the value of a facility, prolongs its useful life, or adapts it to new uses. "Improvements" should be distinguished from repairs. Repairs keep facilities in good operating condition, do not materially add to the value of the facility, and do not substantially extend the life of the facility.

"Independent loading berth" means a loading berth that can be accessed without driving across another parking space or loading berth. (See also "Dependent loading berth" and "Tandem parking" in this Section.)

"Independent parking space" means a parking space that can be accessed without driving across another parking space or loading berth. (See also "Dependent parking space" and "Tandem parking" in this Section.)

"Indirect illumination (of a Sign)" means illumination of a Sign by means only of light cast upon it from a concealed source outside the Sign itself.

"Industrial Zone" means any zone with a name that contains the words "Industrial Zone."

"Interior lot" means any lot other than a corner lot.

"Interior side lot line" means any side lot line which is not a street line.

"Interior side setback" or "Interior side yard setback" means the setback from the interior side lot line.

"Introductory service" means an activity the primary purpose of which is, for compensation, promoting friendships between or introducing for social purposes persons of the opposite sex.

"Key lot" means the first interior lot to the rear of a reversed corner lot, with its front lot line being substantially a continuation of a side lot line of the reversed corner lot.

"Kitchen" means any room or portion thereof containing facilities designed or used for the preparation of food, including but not limited to stoves, ranges, or hotplates.

"Legally required window" means a window or portion thereof which serves to meet the requirements of the Oakland Building Code with respect to area, number, or location of windows.

"Living room" means the principal room designed for general living purposes in living unit. Every living unit shall be deemed to have a living room.

"Living unit" means a dwelling unit or a rooming unit.

"Local Register Property" means any building, object, property or district listed in the City of Oakland's Local Register of Historical Resources, which includes all Landmarks, Designated Historic Properties, Heritage Properties, Study List Properties, Preservation Districts, and S-7 and S-20 Preservation Combining Zone Properties; and those Potential Designated Historic Properties (PDHPs) that are determined by the City's Cultural Heritage Survey to have an existing rating of "A" or "B", or to contribute or potentially contribute to an Area of Primary Importance (API).

Designated Historic Properties, Heritage Properties, Study List Properties, Preservation Districts, and S-7 and S-20 Preservation Combining Zone Properties; and those Potential Designated Historic Properties (PDHPs) that are determined by the City's Cultural Heritage Survey to have an existing rating of "A" or "B", or to contribute or potentially contribute to an Area of Primary Importance (API).

"Landmark" means a property that has been designated as a Landmark by the City Council pursuant to Section 17.136.070.

"Lot" means a parcel of contiguous land which is or may be developed or utilized, under one ownership, as a unit site for a use or group of uses.

"Lot area" means the area of a lot measured horizontally between bounding lot lines.

"Lot coverage" means the total land area covered by all of the structures on a lot measured from outside of all exterior walls and supporting columns, including all projections, except that the following shall not be considered in determining lot coverage:

1.

The portions of any uncovered and unenclosed decks, porches, landings or patios, not including railings, which are less than thirty (30) inches above finished grade;

2.

The portions of any uncovered and unenclosed balconies and stairways, including railings, which are less than six (6) feet above finished grade;

3.

Eaves and roof overhangs up to four (4) feet from a wall;

4.

Trellises and similar structures which do not have solid roofs and which would not otherwise be included in this definition; and

5.

Nonhabitable accessory structures of less than one hundred twenty (120) square feet.

"Lot depth" means the horizontal distance between the rear lot line, or some other lot line in cases where there is no rear lot line, and the midpoint of the front lot line, measured back from said midpoint in the mean direction of the side lot lines; also the line so described.

"Lot line" means any boundary of a lot.

"Lot width" is the horizontal distances between the side lot lines measured at right angles to the side lot lines at all points between the front lot line and the rear lot line, or from the rearmost point of the lot depth

in cases where there is no rear lot line.

"Lot width mean" is the mean of the horizontal distances between the side lot lines measured at right angles to the lot depth at points distant thereon twenty (20) feet from the front lot line and twenty (20) feet from the rear lot line, or from the rearmost point of the lot depth in cases where there is no rear lot line.

"Low Barrier Navigation Center" is as defined in Section 65660 of the California Government Code and means a housing-first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. "Low barrier" means best practices to reduce barriers to entry, and may include, but is not limited to, the following:

1.

The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth;

Pets;

The storage of possessions;

4.

Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two (2) beds, or private rooms.

"Major Classes" are the categories of individual Activity and Facility Types that are in this Chapter. The Major Activity Classes are: Residential, Civic, Commercial, Industrial, and Agricultural and Extractive. The Major Facility Classes are: Residential, Nonresidential, Signs, and Telecommunications.

"Major Conditional Use Permit" means a conditional use permit which involves any of the purposes listed in Section 17.134.020A.

"Major transit stop" is defined consistent with California Public Resources Code Section 21155, as may be amended; and means a site containing an existing rail or bus rapid transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two (2) or more major bus routes with a frequency of service interval of fifteen (15) minutes or less on a single bus route during the morning and afternoon peak commute periods.

"Major Variance" means a variance which involves any of the provisions listed in Section 17.148.020A.

"Mini-Lot Planned Unit Development" or "Mini-Lot PUD" means a comprehensively designed development approved pursuant to Planning Code Chapter 17.142 and containing a subdivision of lots which do not meet the minimum size or other requirements applying to individual lots in the zone where it is located.

"Minor Conditional Use Permit" means a conditional use permit which does not involve any of the purposes listed in Section 17.134.020A.

"Minor Variance" means a variance which does not involve any of the provisions listed in Section 17.148.020A.

"Mixed use development" means an integrated development containing Residential, Commercial and/or Industrial Activities and adhering to a comprehensive plan and located on a single tract of land, or on two or more tracts of land which may be separated only by a street or other right-of-way, or which may be contained in a single building.

"Moderate-, Low- and Very Low-Income Households" means those households whose income matches levels determined periodically by the U.S. Department of Housing and Urban Development, based on the Oakland Primary Metropolitan Statistical Area (PMSA) median income levels by family size, under which:

1.

"Moderate income" is as defined in Section 50093 of the California Health and Safety Code and its implementing regulations;

2.

"Low income" is as defined in Section 50079.5 of the California Health and Safety Code and its implementing regulations;

3.

"Very low income" is as defined in Section 50105 of the California Health and Safety Code and its implementing regulations.

"Motel" means a facility designed for or occupied by Transient Habitation Commercial Activities, where access to individual units is predominantly by means of common exterior corridors or where off-street parking is in sufficiently close proximity to the units as to facilitate direct baggage handling by guests.

"Moving (of a Sign)" means rotation or any other movement of any portion of a Sign, except for normal movement of hands on a clock.

"Natural grade" means the surface of the ground prior to grading for development.

"Nonconforming activity" means an activity which, under the zoning regulations, is not itself a permitted activity where it is located or does not conform to the off-street parking or loading requirements, performance standards, or other requirements applying to activities. However, an activity of the character described above shall not be deemed a nonconforming activity to the extent that it has been or is hereafter authorized by a subsisting conditional use permit, variance, or other special zoning approval.

"Nonconforming facility" means a facility which, under the zoning regulations, is not itself a permitted facility where it is located or does not conform to the density, floor-area ratio, height, yard, court, landscaping or screening, or usable open space requirements; limitations on Signs; or other requirements applying to facilities. However, a facility of the character described above shall not be deemed a

nonconforming facility to the extent that it has been or is hereafter authorized by a subsisting conditional use permit, variance, or other special zoning approval.

"Nonconforming use" means a nonconforming activity or a nonconforming facility.

"Non-taxable merchandise" means products, commodities, or items not subject to California state sales tax.

"Oakland Hills Fire" means the fire of October 20, 1991 in the hill area of the City of Oakland, which is the subject of local, state and federal emergency declarations and disaster proclamations. Said term includes the words "the fire."

"Path" means a dedicated public way intended for pedestrian movement.

"Paved surface" means an all-weather surface covered by concrete, asphalt, masonry, or a similar material and includes surfaces used for driveways, walkways, patios, and structures.

"Pawnbroking activity" means a commercial activity which features both the making of loans and the holding of jewelry, clothing, or other articles as security and which is conducted by a pawnbroker as defined in the Oakland Municipal Code.

"Performance standards" means regulations prescribed in the performance standards in Chapter 17.120 with respect to the emission by activities of noise, vibration, smoke, and other dangerous or objectionable matter or phenomena.

"Pitched roof" means any roof with one or more non-horizontal planes with each plane pitched at a vertical to horizontal ratio of no less than three to twelve (3:12).

"Plan Dimension" means the linear horizontal dimensions of a building or structure, at a given level, between the outside surfaces of its exterior walls.

"Planned Unit Development (PUD)" means a large, integrated development adhering to a comprehensive plan and located on a single tract of land, or on two (2) or more tracts of land which may be separated only by a street or other right-of-way.

"Planning official" means the Planning Official, or his or her designee.

"Poolroom activity" means the commercial operation of a public pool- or billiard room which has more than one pool table or billiard table.

"Potential Designated Historic Property (PDHP)" means any building or property that is determined by the City's Cultural Heritage Survey to have an existing or contingency rating of "A", "B", or "C", or to contribute or potentially contribute to an Area of Primary Importance (API) or an Area of Secondary Importance (ASI).

"Preservation District" means an area that has been included in the City's S-7 Preservation Combining Zone or the S-20 Historic Preservation District Combining Zone.

"Primary activity" means an activity which fulfills a primary function of an establishment, institution, household, or other entity.

"Primary dwelling unit" means a main building, room, or suite of rooms, including only one kitchen except as otherwise provided in Section 17.102.270, which is designed or occupied as the principal dwelling unit on a lot.

"Primary facility" means a main building or other facility which is designed for or occupied by a primary activity.

"Principal activity" means an activity which fulfills a primary function of an establishment, institution, household, or other entity.

"Principal building" means a main building that is occupied by a principal activity.

"Principal facility" means a main building or other facility which is designed for or occupied by a principal activity.

"Principal street" means: For any lot that abuts only one street, the street that abuts a lot. On lots that are outside the D-DT Zones and abut more than one street, the street(s) that abuts the lot that is highest on the street hierarchy as defined in the Land Use and Transportation Element (LUTE) of the General Plan. Where streets have the same street hierarchy, the principal street or streets shall be determined by the Planning Director or his or her designee based on development patterns, street widths, traffic capacity, land uses, transit activity, bicycle and pedestrian uses, and traffic control of intersections. For lots that are within the D-DT Zones and abut more than one street, see Section 17.101K.080.

"Principal street façade" means the building façade facing a principal street.

"Private Access Easement" means a privately owned and maintained right-of-way which provides vehicular access to each of not more than four (4) lots. A private access easement allows the creation of no more than four (4) lots without street frontage, each with vehicular access on the easement. The area designated for the private access easement shall be excluded in computing minimum lot areas. A private access easement shall be a part of one or more lots. At the discretion of the Director of Public Works, based on considerations described in the City Planning Commission guidelines, the street entrance portion of the private access easement may be located within the public right-of-way. Private access easements shall not be named. Addresses for the living units served by the easement shall conform to the address range of the street upon which the easement abuts.

"Public facility" means and includes, but is not limited to, buildings, structures, marinas, and outdoor recreation areas owned by a local agency, as defined by the California State Government Code.

"Rapid transit" means a system of high-speed mass transit, often operating on exclusive rights-of-way, including but not limited to, the Bay Area Rapid Transit (BART) and Bus Rapid Transit (BRT) systems.

"Rear lot line" means the lot line which is opposite and most distant from the front lot line, and which is parallel to the front lot line or, if extended, would intersect with it at an angle of less than forty-five (45) degrees.

"Rear setback" or "Rear yard setback" means the setback from the rear lot line.

"Rear yard" means a yard measured into a lot from its rear lot line, provided that in cases where there is no rear lot line, the rear yard shall be measured into the lot from the rearmost point of the lot depth, parallel to said lot depth. Except where a rear yard is prescribed only for certain kinds of facilities or along only a portion of a lot line, a required rear yard shall extend the full width of the lot between its side lot lines.

"Recyclable materials" means residential, commercial and industrial materials or by-products, which are set aside, handled, packaged or offered for collection separate from garbage for the purpose of being processed and then returned to the economic mainstream in the form of commodities or products.

"Recycling area" means space allocated for collecting and loading recyclable materials. Such areas shall have the ability to accommodate receptacles for recycling materials.

"Recycling receptacles" means bins or containers that allow storage of recyclable materials.

"Regular Dwelling Unit" means any dwelling unit other than an Efficiency Dwelling Unit, Rooming Unit, or Accessory Dwelling Unit.

"Residential Facility" means any structure, open area, or object which accommodates or is intended to accommodate Residential Activities. Residential Facilities also include such facilities as are customarily associated with, and are appropriate, incidental, and subordinate to Residential Activities.

"Residential Zone" means any zone with a name that contains the words "Residential Zone."

"Reversed corner lot" means a corner lot a side lot line of which is substantially a continuation of the front lot line of the first lot to its rear.

"Ringelmann number" means a number on the Ringelmann Chart, as standardized by the United States Bureau of Mines, used to measure the light-obscuring capacity of smoke, with a higher Ringelmann number corresponding to darker smoke.

"Rooming Unit" means a room or suite of rooms, not including a kitchen, designed or occupied as separate living quarters, with or without common boarding provisions, but excluding such rooms where they accommodate a total of four (4) or fewer paying guests within a One-Family Dwelling Residential Facility through the main portion of which access may be had to all such rooms; provided that in the case of student dormitories and similar group living arrangements, each two (2) beds shall be deemed a Rooming Unit.

"Safety rail" means a guard rail, safety barrier, protective railing, or combination thereof.

"Sales Floor Area" means interior building space devoted to the sale of merchandise, but excludes restrooms, office space, storage space, automobile service areas, or open-air garden sales space. For the purpose of determining the total sales floor area of a single business establishment, the aggregate square footage of all adjacent stores that share common check stands, management, a controlling ownership interest, warehouses, or distribution facilities shall be considered a single business establishment.

"Secondary street" means the street(s) abutting a lot that are not principal streets. There is at least one secondary street on a corner lot.

"Secondary street facade" means the building façade(s) facing a secondary street.

"Secondhand merchandise activity" means any commercial activity which consists primarily of retail sale or rental from the premises of secondhand goods, other than secondhand jewelry, art objects, coins, stamps, motor vehicles, aircraft parts, or scrap.

"Setback" means the horizontal distance between a facility and the lot lines of the lot on which it is located.

"Setback line" means a line located inside the boundaries of a lot and parallel to a front, side, or rear lot line and set back from the front, side, or rear lot line a distance equal to the depth of the required front, side, or rear yard.

"Shared access facility" means a common driveway as defined in this Section or a private access easement as defined in this Section.

"Side lot line" means any lot line which is not a front lot line or a rear lot line.

"Side yard" means a yard measured into a lot from one or more of its side lot lines. Except where a side yard is prescribed only for certain kinds of facilities or along only a portion of a side lot line, a required side yard shall extend between the required front yard and rear yard, or the front or rear lot lines in cases where no front yard or rear yard is required.

"Single housekeeping unit" means one or more people living together as a relatively permanent household and bearing the character of a generic family such as sharing household activities, expenses, experiences, and responsibilities.

"Slope" means the deviation of a surface from the horizontal, expressed as a percentage.

"Slope, Down" (Downslope) means a downhill angle or slant of a surface in relation to the elevation of the edge of pavement of the abutting street or equivalent access facility.

"Slope, Up" (Upslope) means an uphill angle or slant of a surface in relation to the elevation of the edge of pavement of the abutting street or equivalent access facility.

"Sound pressure level" means the level of intensity of a sound.

"Special zone" means any zone the name of which begins with the letter "S" or "D".

"Story" means a portion of a building between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, the space between such floor and the ceiling next above it, provided that the following shall not be deemed a story:

1.

A basement or cellar if the height from finished grade at the exterior perimeter of the building to the finish floor elevation above is six (6) feet or less for at least fifty percent (50%) of the perimeter and does not exceed twelve (12) feet above grade at any point;

2.

An attic or similar space under a gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two (2) feet above the floor of such space.

"Street" means a dedicated public way, other than an alley or path, having a right-of-way not less than forty (40) feet in width, which is intended to afford the principal means of vehicular access to abutting properties, provided that any such way which was of record on October 6, 1953 shall be deemed a street regardless of width.

"Street line" means a lot line dividing a lot from an abutting street, or private way described in Section 17.106.020.

"Street side (of a corner lot)" means the side of a corner lot along any side lot line thereof which is a street line.

"Street side setback" or "Street side yard setback" means the setback from the street side lot line.

"Street to setback gradient" means the difference in topographic elevation along a perpendicular line that connects from the edge of the sidewalk closest to the front lot line, or, if there is no sidewalk, from the edge of the pavement, to the normally required front setback line, notwithstanding any reduced front yard setback that may be permitted on steep slopes. The measurement shall be taken at the midpoint of the front lot line, or the closest point to the midpoint excluding any driveways, stairs and other built structures.

"Structure" means any facility which is constructed or erected, and which is located on the ground or is attached to something having location on the ground.

"Substitution (of activities)" means the replacement of an existing activity by a new activity, or a change in the nature of an existing activity, but not including a change of ownership, tenancy, or management where the previous line of business or other function is substantially unchanged.

"Tandem parking" means an arrangement of parking spaces such that one or more spaces must be driven across in order to access another space or spaces. A space which can only be accessed by driving across another space is called a dependent parking space. A space which can be accessed without driving across another space is called an independent parking space. (See also "Dependent parking space" and "Independent parking space" in this Section.)

"Through lot" means a lot that is bounded on two opposite sides by generally parallel streets. Any lot that meets the definition of both a through lot and a corner lot shall be deemed to be a corner lot.

"Tobacco oriented activities" are defined as activities devoting any floor area or display area to or deriving any gross sales receipts from, the sale or exchange of tobacco-related products with the exception of (a) stores with over ten thousand (10,000) square feet of total sales area, provided the floor area devoted to tobacco sales does not exceed twenty (20) percent of the overall store area or display area or seventy-five (75) percent of gross sales receipts from, the sale or exchange of tobacco-related products, or (b) activities selling tobacco-related products in conjunction with Automotive Servicing Commercial Activities defined in Section 17.10.470 (Gasoline Stations), provided the floor area devoted to tobacco sales does not exceed twenty (20) percent of the overall store area or display area or seventy-five (75) percent of gross sales receipts from the sale or exchange of tobacco-related products.

"Tobacco-related products" are defined as any substance containing tobacco including but not limited to cigarettes, cigars, chewing tobacco and dipping tobacco; cigarette papers; or any other instrument or paraphernalia for the smoking or ingestion of tobacco and products prepared from tobacco.

"Tower" means any building area constructed over the building base.

"Transit Accessible Area" means the area within one-half (½) mile of a: (1) BART Station; (2) BRT Station; (3) designated rapid bus line; or (4) transit stop served by a frequency of service interval of fifteen (15) minutes or less during the morning and afternoon peak commute periods.

"Unfinished understories, attics and basements" means the portions of a building that have not been converted or improved into "Habitable Space", as defined in the Oakland Building Code, and are located above and below the highest and lowest habitable story or stories.

"Upper story" means either:

1.

Any story located above the bottommost story of a building; or

2.

Any story with finished floor located at least twelve (12) feet above finished grade at any point along the building perimeter.

"Use" means an Activity and/or Facility.

"Working day" means a day when City offices are open for conducting of City business.

"Yard" means an area between a facility and some lot line, measured for a specified distance, in a horizontal plane, perpendicularly between such facility and lot line; located on the same lot as said facility; and open and unobstructed except for the facilities allowed therein by Section 17.108.130.

(Ord. No. 13812, § 4(Exh. A), 7-30-2024; Ord. No. 13800, § 3(Exh. B), 6-18-2024; Ord. No. 13763, § 5, 103-2023; Ord. No. 13677, § 4(Exh. A), 1-18-2022; Ord. No. 13666, § 3(Exh. A), 11-16-2021; Ord. No. 13596, § 2(Exh. A), 6-2-2020; Ord. No. 13527, § 2, 4-2-2019; Ord. No. 13435, § 4(Exh. A), 5-2-2017; Ord. No. 13393, § 2(Exh. A), 10-4-2016; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-22013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. No. 12955, § 2(Exh. A), 7-21-2009; Ord. 12899 § 4, Exh. A (part), 2008; Ord. 12872 § 4 (part), 2008; Ord. 12868 § 2, Exh. A (part), 2008; Ord. 12776 § 3, Exh. A (part), 2006; Ord. 12772 § 1 (part), 2006; Ord. 12675 § 3 (part), 2005; Ord. 12547 § 3 (part), 2003; Ord. 12376 § 3 (part), 2001; Ord. 12205 § 4 (part), 2000; Ord. 12199 § 3 (part), 2000; Ord. 12147 § 3 (part), 1999; Ord. 12138 § 4 (part), 1999; Ord. 12054 § 1(c), 1998; Ord. 11895 §§ 3— 5, 1996; Ord. 11831 § 2, 1995; Ord. 11807 § 2, 1995; prior planning code §§ 2110—2130)

17.09.050 - Special definitions for projects in the Open Space (OS) Zone.

A.

"Change in use" means any activity which is not already established in the particular park or open space, or the significant expansion of any existing use. Changes in the ongoing, regularly-scheduled recreational programs offered by the City of Oakland, regional park district, and similar agencies shall not be considered "changes in use" unless they involve permanent structural changes to parks or park facilities. Conditionally permitted changes in use are listed in Sections 17.11.050, 17.11.060 and 17.11.090.

B.

"Improvement" means any project which, if proposed by a private applicant, would require issuance of a building, grading, or demolition permit by the City of Oakland. Parking lots shall also be included. Routine building and grounds maintenance where there is no change in the size, height, or external appearance of structures or grounds; and routine landscaping and/or landscape improvements, including irrigation systems, are not included. Conditionally permitted improvements are listed in Sections 17.11.050, 17.11.060 and 17.11.090.

C.

"Impervious surface" means any surface through which water does not easily pass. Impervious surface specifically includes all structures; paving materials such as brick, concrete, asphalt, or stone; swimming pools; and patios and terraces. Impervious surface does not include landscaping or furniture, play equipment, kiosks, or other individual articles used in conjunction with landscaping which individually do not cover more than ten (10) square feet and cumulatively do not cover more than one hundred (100) square feet.

D.

"Open space of comparable value" means land acquired or improved by the City that is approximately equal in its potential for recreational use to land elsewhere in the City proposed for coverage by a structure or impervious surface. For the purposes of this definition, comparable value shall be based on slope, total area, dimensions, vegetation, and proximity to water features.

E.

"Caretaker's quarters" means a single living unit occupied on a weekly or longer basis on public parkland where the primary occupant of the residence is employed to maintain the grounds and facilities of the associated park.

F.

"Street furniture" means furnishings used to enhance the aesthetic and functional value of a park or open space, including benches, tables, planter boxes, flagpoles, water fountains, decorative trash bins, ornamental fixtures, and similar features. Map boards and kiosks are excluded. For zoning purposes, street furniture is classified into projects whose individual components sum to more than one hundred (100) square feet and those whose components sum to less than one hundred (100) square feet.

G.

"No net loss" means a state in which the square footage of useable parkland added to the City's park inventory since July 28, 1998, is equal to or greater than the square footage of urban parkland covered by structures since that date. Lands within the jurisdiction of the Port of Oakland and lands classified as "Resource Conservation Areas" are excluded from this calculation. Structures smaller than one hundred (100) square feet shall also be exempt from this calculation.

H.

"Urban parkland" means any parkland in the City of Oakland that is not designated a "Resource Conservation Area," excluding those lands within the jurisdiction of the Port of Oakland.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12078 § 7, 1998)

Chapter 17.10 - USE CLASSIFICATIONS

Sections:

Article I - General Classification Rules

The provisions of this Chapter shall be known as the Use Classifications. The purpose of these provisions is to classify uses into a number of specially defined types on the basis of common functional characteristics and similar compatibility with other uses, thereby providing a basis for regulation of uses in accordance with criteria which are directly relevant to the public interest. These provisions shall apply throughout the zoning regulations.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; prior planning code § 2200)

17.10.020 - Reserved.

Editor's note— Ord. No. 13393, § 2(Exh. A), adopted October 4, 2016, repealed the former Section 17.10.020 in its entirety, which pertained to definitions, and derived from the prior planning code § 2201.

17.10.030 - Listing of activity classifications.

All activities are classified into the following activity types, which are described in Article II of this Chapter. (See Section 17.10.050 for classification of combinations of activities resembling different types.) The names of these activity types start with capital letters throughout the zoning regulations.

A.

Residential Activities:

Permanent

Residential Care

Supportive Housing

Transitional Housing

Emergency Shelter

Semi-Transient

Bed and Breakfast

B.

Civic Activities:

Essential Service

Limited Child-Care

Community Assembly Recreational Assembly Community Education Nonassembly Cultural Administrative Health Care Special Health Care Utility and Vehicular Extensive Impact C.

Commercial Activities: General Food Sales Full-service restaurant Limited Service Restaurant and Cafe

Fast-Food Restaurant

Convenience Market

Alcoholic Beverage Sales

Mechanical or Electronic Games Medical Service

General Retail Sales

Large-Scale Combined Retail and Grocery Sales

Consumer Service

Consultative and Financial Service

Check Cashier and Check Cashing

Consumer Cleaning and Repair Service

Consumer Dry Cleaning Plant

Group Assembly

Personal Instruction and Improvement Services

Administrative

Business, Communication, and Media Service

Broadcasting and Recording Service

Research Service

General Wholesale Sales

Transient Habitation

Building Material Sales

Automobile and Other Light Vehicle Sales and Rental

Automobile and Other Light Vehicle Gas Station and Servicing

Automotive and Other Light Vehicle Repair and Cleaning

Taxi and Light Fleet-Based Service

Automotive Fee Parking

Animal Boarding

Animal Care

Undertaking Service

D.

Industrial Activities:

Custom Manufacturing

Light Manufacturing

General Manufacturing

Heavy/High Impact Manufacturing

Research and Development

Construction Operations

Warehousing, Storage and Distribution

Regional Freight Transportation

Trucking and Truck-Related

Recycling and Waste-Related

Hazardous Materials Production, Storage and Waste Management

E.

Agricultural and Extractive Activities:

Plant Nursery

Limited Agriculture

Extensive Agriculture

Mining and Quarrying

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13270, § 3(Exh. A), 11-18-2014; Ord. No. 13251, § 5(Exh. A), 7-29-2014; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12899 § 4, Exh. A (part), 2008; Ord. 12138 § 4 (part), 1999; Ord. 12072 § 4, 1998; Ord. 11904 § 5.02, 1996; prior planning code § 2210)

In addition to the principal activities expressly included therein, each activity type shall be deemed to include such activities as are customarily associated with, and are appropriate, incidental, and subordinate to, such a principal activity; are located on the same lot as such principal activity except as otherwise provided in Subsections A., J., K. and N. of this Section; and meet the further conditions set forth hereinafter. Such accessory activities shall be controlled in the same manner as the principal activities within such type except as otherwise expressly provided in the zoning regulations. Such accessory activities include, but are not limited to, the activities indicated below, but exclude the sale of alcoholic beverages to the general public except at a Full-Service Restaurant, Limited-Service Restaurant and Cafe, or an alcoholic beverage manufacturer, as described in Sections 17.10.272, 17.10.274, 17.10.550, and 17.10.560, and subject to the standards in Section 17.103.030. (See also Section 17.10.050 for additional activities included within activity types in the case of combinations of different principal activities.)

A.

Off-street parking and loading serving a principal activity, whether located on the same lot there as or on a different lot, but only if the facilities involved are reserved for the residents, employees, patrons, or other persons participating in the principal activity;

B.

Home occupations, subject to the applicable provisions of the home occupation regulations in Chapter 17.112;

C.

Residential occupancy in connection with a principal Nonresidential Activity on the same lot, but only:

1.

If the residents are required to remain on the premises for protective, conference, or comparable technical purposes, or

2.

As joint living and work quarters subject to the applicable provisions of Section 17.102.190;

D.

Operation of an employee cafeteria by a firm engaging in a principal Nonresidential Activity on the same lot;

E.

Sale of goods on the same lot as a principal Civic Activity, but only if such goods are available only to persons participating in the principal activity;

F.

Production of goods for sale by a firm engaged in a principal Commercial Activity on the same lot, but only if:

1.

All goods so produced are sold at retail by the same firm either on the same or other lots, and

2.

Such production does not occupy more than seventy-five percent (75%) of the total floor area and open sales, display, storage, and service area occupied by such firm on the lot, and

3.

Such production does not occupy more than three thousand (3,000) square feet of such floor area and open area;

G.

Storage of goods sold by a principal Commercial Activity, or used in or produced by a principal Industrial Activity, engaged in by the same firm on the same lot;

H.

Operation of an administrative office of a firm engaged in a principal Industrial Activity on the same lot, but only if such office does not occupy more than fifty percent (50%) of the total floor area and open sales, display, storage, and service area occupied by such firm on the lot;

I.

Wholesale sale, or retail sale of goods produced by a principal Industrial Activity on the same lot;

J.

Temporary construction, grading, and demolition activities which are necessary and incidental to the development of facilities on the same lot, or on another of several lots being developed at the same time;

K.

Temporary conduct of a real estate sales office which is necessary and incidental to, and located on the site of, a subdivision being developed into five (5) or more lots;

L.

Benches, street furniture, lighting, public art, sheds, and similar infrastructure associated with city and regional parks;

M.

Public restrooms serving park and recreational facilities;

N.

Auto repair on the same lot as an auto showroom, or auto repair on a separate lot in the D-BV-4 Zone upon the granting of a Conditional Use Permit according to the requirements of limitation L18. in Table 17.101C.01;

O.

Operation of Electrical Vehicle Charging Stations and similar infrastructure.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13598, § 2(Exh. A), 6-9-2020; Ord. No. 13527, § 2, 4-2-2019; Ord. No. 13393, § 2(Exh. A), 10-4-2016; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13270, § 3(Exh. A), 11-18-2014; Ord. No. 13251, § 5(Exh. A), 7-29-2014; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. 12899 § 4, Exh. A (part), 2008; Ord. 12078 § 5 (part), 1998; prior planning code § 2211)

17.10.050 - Classification of combinations of principal activities.

The following rules shall apply where a single lot contains activities which resemble two or more different activity types and which are not classified by Section 17.10.040 as accessory activities:

A.

Separate Classification of Each Establishment. The principal activities conducted on a single lot by each individual establishment, management, or institution shall be classified separately.

B.

Separate Classification of Different Major Classes of Activities Conducted by Single Establishment. If the principal activities conducted on a single lot by a single establishment, management, or institution resemble two or more different major classes of activities—Residential, Civic, Commercial, Industrial, or Agricultural and Extractive Activities—the principal activities resembling each major class shall be classified separately.

C.

Classification of Different Activities within Same Major Class, Conducted by Single Establishment. If principal activities conducted on a single lot by a single establishment, management, or institution resemble two or more different activity types within the same major class of activities, all such principal activities shall be classified in the activity type within said class the description of which type most closely portrays the overall nature of such activities. However, when they have any of the characteristics of Utility and Vehicular, Health Care, or Extensive Impact Civic Activities; Alcoholic Beverage Sales or General Wholesale Sales Commercial Activities; General Manufacturing, Heavy/High Impact Manufacturing, or Warehousing, Storage, and Distribution-Automotive Salvage/Junk Yards Industrial Activities; or Limited Agriculture, Extensive Agriculture, or Mining and Quarrying Agricultural or Extractive Activities, all such principal activities within the same major class of activities as any of such types shall be classified within that one of such types the description of which most closely portrays said principal activities; except that all such Industrial Activities shall be classified within the Warehousing, Storage, and DistributionAutomotive Salvage/Junk Yards Industrial Activities type if they have any of its characteristics, and all such Industrial Activities shall be classified within the Heavy/High Impact Industrial Activities type if they have any of its characteristics.

D.

Classification of Different Activities within the Same Major Class Conducted on the Site of an Automobile and Other Light Vehicle Gas Station and Servicing Commercial Activity. All principal activities conducted on the site of an Automobile and Other Light Vehicle Gas Station and Servicing Commercial Activity shall be classified as Automobile and Other Light Vehicle Gas Station and Servicing Commercial Activities regardless of separate ownership or management, unless said principal activity is listed as a Conditionally Permitted Activity pursuant to the individual zone regulations and such principal activity requires a Major Conditional Use Permit pursuant to Section 17.134.020.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12899 § 4, Exh. A (part), 2008; prior planning code § 2213)

All facilities are classified into the following facility types, which are described in Section Article III of this Chapter. (See Section 17.10.080 for classification of combinations of facilities resembling different types.) The names of these facility types start with capital letters throughout the zoning regulations.

A.

Residential Facilities:

One-Family Dwelling

Two- to Four-Family Dwelling

Multifamily Dwelling

Rooming House Vehicular

B.

Nonresidential Facilities:

Enclosed Open Drive-in Sidewalk Cafe Drive-Through C. Signs: Residential Special Development Realty Civic Business Advertising D.

Telecommunications Facilities: Micro Telecommunications Mini Telecommunications Macro Telecommunications Monopole Telecommunications

Tower Telecommunications

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-22013; Ord. 11904 § 5.03, 1996; prior planning code § 2220; Ord. No. 13666, § 3(Exh. A), 11-16-2021; Ord. No. 13677, § 4(Exh. A), 1-18-2022)

In addition to the principal facilities expressly included therein, each Residential and Nonresidential Facility type shall be deemed to include such facilities as are customarily associated with, and are appropriate, incidental, and subordinate to, such a principal facility; are located on the same lot as such principal facility except as otherwise provided in Subsections A., F., and G. of this Section; and meet the further conditions set forth hereinafter. Such accessory facilities shall be controlled in the same manner as the principal facilities within such type except as otherwise expressly provided in the zoning regulations. They include but are not limited to the following facilities, but shall not be deemed to include Signs, which are classified and controlled separately:

A.

Off-street parking and loading facilities serving a principal Residential or Nonresidential Facility, whether located on the same lot there as or on another lot, but only if they are reserved for the residents, employees, patrons, or other persons utilizing the principal facility;

B.

Open areas devoted to decorative paving or to swimming pools, located on the same lot as a principal facility;

C.

Storage and service areas and accessory buildings, other than those listed elsewhere in this Section, if serving a principal facility on the same lot; provided, however, that no such facilities which are unenclosed shall qualify as accessory to any principal Enclosed Nonresidential Facility except for open areas, not exceeding two hundred (200) square feet each, for the temporary storage of trash;

D.

A single trailer incidental to and on the same lot as principal Residential Facilities, but only if said trailer is not intended for habitation while it is on the lot;

E.

Living quarters in connection with a principal Nonresidential Facility on the same lot, but only:

1.

If the residents are required to remain on the premises for protective, conference, or comparable technical purposes, or

As joint living and work quarters subject to the applicable provisions of Section 17.102.190;

F.

Temporary construction yards and similar facilities which are necessary and incidental to development of facilities on the same lot, or on another of several lots being developed at the same time;

G.

A temporary real estate sales office which is necessary and incidental to, and located on the site of, a subdivision being developed into five or more lots.

H.

Electrical Vehicle Charging Station equipment and similar infrastructure.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; prior planning code § 2221)

17.10.080 - Classification of combinations of principal facilities.

If the facilities on a single lot resemble two or more different facility types, each facility which is not classified by Section 17.10.070 as an accessory facility shall be classified separately.

(Prior planning code § 2223)

17.10.090 - Classification of unlisted uses.

Any activity or facility which is not expressly classified within an activity type or facility type shall be included in that type the description of which most closely portrays it, subject to the applicable provisions of Sections 17.10.050 and 17.10.080 with respect to combinations of uses. In case of uncertainty as to the classification of any use, the Director of City Planning shall classify said use, subject to the right of appeal from such determination pursuant to the administrative appeal procedure in Chapter 17.132.

(Prior planning code § 2230)

Article II - Activity Types Part 1 - Residential Activity Types

17.10.100 - General description of Residential Activities.

Residential Activities include the occupancy of living accommodations on a wholly or primarily nontransient basis, except for transient occupancy of Emergency Shelters; but exclude institutional living arrangements other than those that are defined as Residential Care, Supportive Housing, Transitional Housing, and Emergency Shelter Residential Activities. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12138 § 4 (part), 1999: prior planning code § 2250)

Permanent Residential Activities include the occupancy of living accommodations on a thirty (30) days or longer basis, with none of the living units under the same ownership or management on the same lot being occupied on a shorter basis; but exclude institutional living arrangements other than state-licensed Residential Care Facilities for six (6) or fewer residents. However, such state-licensed Residential Care Facilities shall be subject to the three hundred (300) foot separation requirement in Section 17.103.010.B. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

Permanent Residential Activities additionally include the use of a living unit as a Family Daycare Home, as defined in the California Health and Safety Code as facility that regularly provides care, protection, and supervision for fourteen (14) or fewer children, in the provider's own home, for periods of less than twentyfour (24) hours per day, while the parents or guardians are away. Family daycare homes are regulated and licensed by the California Department of Social Services and are considered a residential activity for the purposes of these Zoning Regulations.

Family Daycare Homes, as specified above, shall not be regulated as a Limited Child-Care Civic Activity as described under Section 17.10.150.

(Ord. No. 13779, § 2(Exh. A), 1-16-2024; Ord. No. 13509, § 2(Exh. A), 12-4-2018; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13248, § 3(Exh. A), 7-15-2014; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12138 § 4 (part), 1999: prior planning code § 2260)

Residential Care Residential Activities include all Residential Care Facilities that require a state license or are state licensed for seven (7) or more residents which provide twenty-four (24) hour primarily nonmedical care and supervision. Occupancy of living accommodations by six (6) or fewer residents are excluded. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040. State licensed Residential Care Facilities for six (6) or fewer residents shall be treated as Permanent Residential Activities except with regard to the three hundred (300) foot separation requirement in Section 17.103.010.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13248, § 3(Exh. A), 7- 15-2014; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12138 § 4 (part), 1999)

17.10.114 - Supportive Housing Residential Activities.

Supportive Housing Residential Activities include housing: (a) with no limit on length of stay; (b) that is linked to an onsite or offsite service that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community; and (c) that is occupied by the following target population (as defined in subdivision (g) of Government Code Section 65582):

A.

Adults with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions and may, among other populations, include adults, emancipated

minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people; or

B.

Individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code), who include individuals with a disability that originated before the individual was eighteen (18) years old, but not including handicapping conditions that are solely physical in nature.

This classification also includes certain activities accessory to the above, as specified in Section 17.10.040. Supportive Housing shall only be subject to those restrictions that apply to other residential dwellings of the same facility type in the same zone (Government Code Section 65583(a)(5)).

Notwithstanding anything to the contrary contained in the Planning Code, Supportive Housing Residential Activities shall be a use by right in any zone where Multifamily Dwelling Residential Facilities are permitted if the proposal satisfies all of the requirements provided in Government Code Section 65651.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13435, § 4(Exh. A), 5-2-2017; Ord. No. 13357, § 3(Exh. A), 2-162016)

Editor's note— Ord. No. 13357, § 3(Exh. A), adopted February 16, 2016, amended Section 17.10.114 in its entirety to read as herein set out. Formerly, Section 17.10.114 pertained to service-enriched permanent housing residential activities, and derived from Ord. No. 12138, § 4(part), adopted in 1999; Ord. No. 12939, § 4(Exh. A), adopted June 16, 2009, and Ord. No. 13248, § 3(Exh. A), adopted July 15, 2014.

Transitional Housing Residential Activities (per State of California Government Code 65582(h), as may be amended) include housing configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six (6) months from beginning of assistance.

This classification also includes certain activities accessory to the above, as specified in Section 17.10.040. Transitional Housing shall only be subject to those restrictions that apply to other residential dwellings of the same facility type in the same zone (Government Code Section 65583(a)(5)).

(Ord. No. 13435, § 4(Exh. A), 5-2-2017; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13248, § 3(Exh. A), 7-15-2014; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12138 § 4 (part), 1999)

Emergency Shelter Residential Activities include the provision of short term housing, with or without a fee, to individuals and families who are homeless and who may require special services. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13509, § 2(Exh. A), 12-4-2018; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12138 § 4 (part), 1999)

Semi-Transient Residential Activities include the occupancy of living accommodations partly on a thirty (30) days or longer basis and partly for a shorter time period, but with less than thirty percent (30%) of the living units under the same ownership or management on the same lot being occupied on a less-than-thirty (30) day basis; but exclude institutional living arrangements involving the provision of a special kind of care or forced residence, such as in nursing homes, orphanages, asylums, and prisons. All units within this classification provided for occupancy on a less-than-thirty-day basis are intended to be used, rented, or hired out as an occupant's primary residence; and as such, are not permitted to be used or provided as lodging services for transient guests or tourists. For use by transient guests or tourists, please see Section 17.10.440 Transient Habitation Commercial Activities or Section 17.10.125 - Bed and Breakfast Residential Activities. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13779, § 2(Exh. A), 1-16-2024; Ord. No. 13509, § 2(Exh. A), 12-4-2018; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Prior planning code § 2261)

17.10.125 - Bed and Breakfast Residential Activities.

The provision of lodging services to transient guests on a less-than-thirty-day basis, other than in the case of activities classified by Section 17.10.440 Transient Habitation Commercial Activities or by another Residential Activity (Sections 17.10.100 through 17.10.120), that have each of the following characteristics:

A.

The activity occupies a One-Family Dwelling Residential Facility or Two- to Four-Family Dwelling Residential Facility;

B.

The activity allows no more than twelve (12) adult paying guests at any time and contains no more than six (6) guest units;

C.

The activity is located in a facility that is owner occupied;

D.

The activity is located in a facility on a property with an existing or contingency historic rating of "A", "B", "C", or "D", or is a Landmark according to the City of Oakland Office of Historic Preservation;

E.

The facility includes incidental eating and drinking services for lodgers only that are provided from a single kitchen per Bed and Breakfast establishment.

This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13509, § 2(Exh. A), 12-4-2018; Ord. No. 13357, § 3(Exh. A), 2- 16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. No. 13677, § 4(Exh. A), 1-18-2022)

Part 2 - Civic Activity Types

17.10.130 - General description of Civic Activities.

Civic Activities include the performance of utility, educational, recreational, cultural, medical, protective, governmental, and other activities which are strongly vested with public or social importance. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Prior planning code § 2300)

17.10.140 - Essential Service Civic Activities.

Essential Service Civic Activities include the maintenance and operation of the following installations:

A.

Electric, gas, and telephone distribution lines and poles, and water, storm drainage, and sewer lines, with incidental appurtenances thereto, but excluding electric transmission lines;

B.

Community gardens. For the purpose of this classification, Community Gardens are defined as land that is used individually or collectively for the cultivation of fruits, vegetables, plants, flowers, herbs, and/or ornamental plants for personal consumption and/or donation. Typically in community gardens, the land is divided into individual plots, and each individual participant is responsible for their own plot and the yielding or the production of which belongs to the individual, but can also include land that is not divided and the participant group cultivates the subject land together. This classification does not include any cannabis activities; livestock production or the cultivation of animals and/or animal products by agricultural methods, except for bee keeping involving no more than three (3) hives; the use of heavy mechanized farming equipment; or commercial sales on or off the premises, except for limited seasonal sales;

C.

Botanical gardens;

D.

Private streets;

E.

Public polling places;

F.

Freeways, rapid transit routes, streets, alleys, and paths, but excluding activities on, under, or over such ways which activities are not customarily appurtenant thereto;

G.

Activities that do not involve the construction of a permanent fixed foundation building (only temporary structures are allowed) conducted for a limited duration under valid license or lease on property owned or leased by the City;

H.

Police and Fire stations;

I.

Post offices, but excluding major mail processing centers;

J.

Telecommunications activities including the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received;

K.

Electrical Vehicle Charging Stations and similar infrastructure;

L.

All activities not classified elsewhere in the use regulations that are conducted on City and regional parklands and which are specifically referenced in master plans which are adopted by the Oakland City Council.

This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13805, § 2(Exh. A), 7-16-2024; Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2- 16-2016; Ord. No. 13270, § 3(Exh. A), 11-18-2014; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12078 § 5 (part), 1998; prior planning code § 2310)

Limited Child-Care Civic Activities include the provision of day-care service for fourteen (14) or fewer children, provided, however, that care for six (6) or more children be provided only in facilities licensed by a state or county agency. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

Note: Family Day Care Homes, as specified in Section 17.10.110, are permitted by right in all residential zoning districts.

(Ord. No. 13779, § 2(Exh. A), 1-16-2024; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Prior planning code § 2311)

17.10.160 - Community Assembly Civic Activities.

Community Assembly Civic Activities include the provision of civic activities to assembled groups of spectators or participants at the following institutions or installations. Examples of activities in this classification include but are not limited to the following:

• Churches, temples, synagogues, and other similar places of worship;

• Public and private nonprofit clubs, lodges, meeting halls, and recreation centers;

• Community, cultural, and performing arts center;

• Public and nonprofit gymnasiums and indoor swimming pools.

This classification also includes certain activities accessory to the above, as specified in Section 17.10.040. 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.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3- 15-2011; Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

17.10.170 - Recreational Assembly Civic Activities.

Recreational Assembly Civic Activities include the provision of recreational activities, typically performed by participants within public facilities. Examples of activities in this classification include but are not limited to the following:

• Food service and other concessions located within public parks;

• Public and parochial playgrounds and playing fields;

• Temporary nonprofit festivals;

• Basketball courts, tennis courts, handball courts, lawn bowling, leisure areas, and similar outdoor park and recreational facilities;

• Community outdoor swimming and wading pools, and other water play features;

• Picnic areas.

This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

Editor's note— Ord. No. 12939, § 4(Exh. A), adopted June 16, 2009, amended Section 17.10.170 in its entirety to read as herein set out. Formerly, Section 17.10.170 pertained to community assembly civic

activities, and derived from the prior planning code § 2314, and Ord. No. 12078, § 5, adopted 1998.

Community Education Civic Activities include the activities typically performed by the following institutions:

A.

Public and private day-care centers for fifteen (15) or more children;

B.

Public and private nursery schools and kindergartens;

C.

Public and private elementary, junior high, and high schools;

D.

Support services provided for independent living skills development including self-improvement education, employment and job training for both on-site and off-site residents in conjunction with Residential Activities.

This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12138 § 4 (part), 1999: prior planning code § 2316)

17.10.190 - Nonassembly Cultural Civic Activities.

Nonassembly Cultural Civic Activities include the maintenance and operation of institutions or installations that are primarily engaged in the display or preservation of objects of interest in the arts or sciences, for public, or private non-profit purposes. Examples of activities in this classification include but are not limited to the following:

• Publicly owned and nonprofit art galleries;

• Plant conservatories;

• Libraries;

• Museums;

• Observatories.

This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13812, § 4(Exh. A), 7-30-2024; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12078 § 5 (part), 1998; prior planning code § 2317)

17.10.200 - Administrative Civic Activities.

Administrative Civic Activities include the activities typically performed by government and public utility administrative offices. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Prior planning code § 2318)

17.10.220 - Health Care Civic Activities.

Health Care Civic Activities include all activities which primarily provide medical care and supervision other than those defined elsewhere in the Zoning Regulations. Examples of activities in this classification include, but are not limited to, the following:

A.

Health clinics;

B.

Hospitals;

C.

Skilled nursing, extended care, and assisted living facilities, all of which provide medical care on site;

D.

Nonresidential centers providing psychological or family counseling and mental hygiene services to individuals or groups;

E.

Support services which include regular individualized case management for both on-site and offsite residents in conjunction with Residential Activities;

F.

Facilities which provide inpatient and/or outpatient medical and/or psychological treatment for mental illness, substance and alcohol abuse and addiction;

G.

State licensed "Adult Day Care Facilities" and "Adult Day Support Centers".

This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12138 § 4 (part), 1999: prior planning code § 2320)

Special Health Care Civic Activities include all activities defined by Health Care Civic Activities in Subsection 17.10.220 F. (Health Care Civic Activities: Facilities which provide inpatient and/or outpatient medical and/or psychological treatment for mental illness, substance and alcohol abuse and addiction) when such services are provided primarily to persons who currently use hypodermic needles to illegally inject controlled substances and where such services may include needle exchange, drug treatment, drug counseling or such other health services frequently required by persons currently using hypodermic needles to illegally inject controlled substances. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12450, § 3, 2002)

17.10.230 - Utility and Vehicular Civic Activities.

Utility and Vehicular Civic Activities include the maintenance and operation of the following installations:

A.

Communications equipment installations and exchanges, but excluding Telecommunications Activities specified in Section 17.10.140 Essential Civic Service Activities;

B.

Electrical substations;

C.

Gas substations;

D.

Neighborhood newscarrier distribution centers;

E.

Publicly operated off-street parking lots and garages available to the general public either without charge or on a fee basis.

This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Prior planning code § 2321)

17.10.240 - Extensive Impact Civic Activities.

Extensive Impact Civic Activities include the activities typically performed by, or the maintenance and operation of, the following institutions and installations:

A.

Airports, heliports, and helistops;

B.

Cemeteries, mausoleums, columbariums, and crematories;

C.

Colleges, junior colleges, and universities, but excluding business schools or other similar types of trade schools operated as profit-making enterprises;

D.

Detention and correction institutions;

E.

Docks and wharves operated by a public agency;

F.

Electric transmission lines;

G.

Garbage dumps and transfer stations;

H.

Curbside recycling collection centers;

I.

Golf courses and driving ranges;

J.

Major mail-processing centers;

K.

Military installations;

L.

Public and public utility corporation or truck yards;

M.

Radio and television transmission stations;

N.

Railroad and bus terminals;

O.

Railroad rights-of-way and yards and bus storage areas;

P.

Reservoirs and water tanks;

Q.

Sewage disposal tanks;

R.

Stadiums, sports arenas, auditoriums, and bandstands;

S.

Truck terminals operated by a public agency;

T.

Zoological gardens and wildlife preserves;

U.

Campgrounds;

V.

Stormwater detention ponds and facilities;

W.

Facilities supervised by or under contract with the State Department of Corrections, including alternative sentencing and community work release programs.

This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13518, § 4(Exh. A), 2-5-2019; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13256, § 4(Exh. A), 9-23-2014; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12138 § 4 (part), 1999; Ord. 12078 § 5 (part), 1998; prior planning code § 2322)

Editor's note— Ord. No. 12939, § 4(Exh. A), adopted June 16, 2009, repealed the former Section 17.10.250 in its entirety, which pertained to telecommunication activities, and derived from the prior planning code § 2323, and Ord. No. 11904, § 5.05, adopted 1996.

Part 3 - Commercial Activity Types[[1]]

Footnotes:

--- ( 1 ) ---

Editor's note— Ord. No. 12939, § 4(Exh. A), adopted June 16, 2006, amended Part 3 in its entirety to read as herein set out. Formerly, Part 3 pertained to similar subject matter, and derived from the prior planning code, §§ 2350, 2360—2375, 2378—2384, 2388, 2389; Ord. No. 12314, § 2, adopted 2001; Ord. No. 12547, § 3, adopted 2003; Ord. No. 12581, adopted 2004; Ord. No. 12626, § 3, adopted 2004; Ord. No. 12776, § 3(Exh. A), adopted 2006.

Commercial Activities include the distribution and sale or rental of goods; the provision of services other than those classified as Civic Activities; and the administrative and research operations of private, profitoriented firms, other than public utility firms. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

General Food Sales Commercial Activities include the retail sales of food or beverages for off-site preparation and consumption. This classification includes, but is not limited to, the following:

A.

Supermarkets or grocery stores that that offer a variety of food items for home consumption such as a combination of fresh fruits, vegetables, breads, meat, dairy products, cereals, pastas, and prepackaged foods. Generally, grocery stores are a minimum five thousand (5,000) square feet and have a minimum twenty percent (20%) of net retail floor area devoted to the display of fresh fruits and vegetables and/or fresh meats, whichever is greater.

B.

Stores specializing in particular or distinctive food items, including but not limited to, retailers whose primary business maintains an inventory of specialty, gourmet, health, or ethnic food items. Examples of activities in this classification include, but are not limited to, the following:

• Gourmet food stores;

• Bakeries;

• Butchers;

• Specialty food stores;

• Fish and poultry shops;

• Produce markets;

• Delicatessens (may include sandwich shops in conjunction with the sale of other delicatessen products);

• Health food stores.

This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

17.10.272 - Full-Service Restaurant Commercial Activities.

Full-Service Restaurant Commercial Activities include the provision of food or beverage services to patrons who order and are served while seated (table service), and pay after eating. Only a minor proportion, if any, of the food is sold for consumption off-premises. These restaurants have kitchens that contain equipment suitable for cooking an assortment of foods; and may include service of liquor, beer and/or wine, subject to the standards in Section 17.103.030. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13527, § 2, 4-2-2019; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

17.10.274 - Limited-Service Restaurant and Cafe Commercial Activities.

Limited-Service Restaurant and Cafe Commercial Activities include the provision of food or beverage services to patrons that generally order and pay at a service counter before eating. Food and beverages may be served in disposable containers and may be consumed on the premises or taken out. Seating for on-premises consumption is usually available and table service may or may not be provided. These restaurants may include service of beer and/or wine, subject to the standards in Section 17.103.030. Examples of these activities include, but are not limited to, cafes and restaurants that do not fall under Section 17.10.272 Full-Service Restaurant Commercial Activities, or Section 17.10.280 Fast-food Restaurant Commercial Activities. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13527, § 2, 4-2-2019; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

17.10.280 - Fast-Food Restaurant Commercial Activities.

Fast-Food Restaurant Commercial Activities include the retail sale of ready-to-eat prepared foods and beverages, for on- or off-premises consumption, whenever the foods and beverages are available upon a short waiting time and are primarily served in or on disposable wrappers, containers, or plates. Fast-Food Restaurants may also exhibit other design and operating characteristics, including: (1) a limited menu; (2) food is typically ordered and served at a service counter; (3) food is paid for prior to consumption; (4) the facility in which the activity/use is occurring provides a take-out counter space and space for customer queuing. Examples of these activities include, but are not limited to, restaurants that do not fall under Section 17.10.272 Full-service restaurant Commercial Activities or Section 17.10.274 Limited Service

Restaurant and Cafe Commercial Activities. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13421, § 4, 3-28-2017; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-22013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

Editor's note— Ord. No. 13064, § 2(Exh. A), adopted March 15, 2011, renumbered the former Sections 17.10.280 (Convenience market commercial activities) and 17.10.290 (Fast-food restaurant commercial activities) as Sections 17.10.290 and 17.10.280, respectively. The historical notation has been preserved for reference purposes.

17.10.290 - Convenience Market Commercial Activities.

Convenience Market Commercial Activities include the retail sale of food, beverages, and small personal convenience items, primarily for off-premises consumption and typically found in establishments with long or late hours of operation and a relatively small building; but exclude delicatessens and other specialty food shops, establishments that have a sizeable amount of highly perishable items such as fresh fruits and vegetables, fresh-cut meat. In general, "late hours of operation" means businesses that stay open until or after 10:00 p.m. or at or before 7:00 a.m.; "relatively small building" means a building that is less than five

thousand (5,000) square feet; and "a sizeable amount of highly perishable items" means at least twenty percent (20%) of net retail floor area devoted to fresh fruits and vegetables and/or fresh meats, whichever is greater, devoted to these products. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

Editor's note— See editor's note at Section 17.10.280.

17.10.300 - Alcoholic Beverage Sales Commercial Activities.

Alcoholic Beverage Sales Commercial Activities include the retail sale, for on- or off-premises consumption, of liquor, beer, wine, or other alcoholic beverages, but exclude Full-Service Restaurants, Limited-Service Restaurants and Cafes, and alcoholic beverage manufacturers that comply with their respective definition in Sections 17.10.272, 17.10.274, and 17.103.030. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13527, § 2, 4-2-2019; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13270, § 3(Exh. A), 1118-2014; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

17.10.320 - Mechanical or Electronic Games Commercial Activities.

Mechanical or Electronic Games Commercial Activities include the provision of pinball machines, video game devices, or other mechanical or electronic games, as defined in the Oakland Municipal Code, where the games can be played or operated by the public or by customers; but exclude the provision of such games in a pool or billiard room or bowling alley for which a permit is required pursuant to Chapter 5.02 of the Oakland Municipal Code and from which persons under eighteen (18) years of age are barred at all times by the owner or operator, or in premises which are licensed by the State Department of Alcoholic

Beverage Control for on-sale consumption of alcoholic beverages and which do not lawfully allow minors. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

17.10.330 - Medical Service Commercial Activities.

Medical Service Commercial Activities include the provision of therapeutic, preventive, or corrective personal treatment services by physicians, dentists, psychotherapists, and other practitioners, as well as the provision of medical testing and analysis services. They also include certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

17.10.340 - General Retail Sales Commercial Activities.

General Retail Sales Commercial Activities include the sales of items generally for personal or household use, but excludes activities more specifically described in other classifications. This activity does not include establishment where more than five percent (5%) of net retail floor area is devoted to food products. Examples of activities in this classification include, but are not limited to the following:

• Book and magazine, music, and video stores;

• Pharmacy that sells prescription and non-prescription drugs along with miscellaneous retail items;

• Florists;

• News stand;

• New and used clothing and shoes stores;

• Department stores;

• Electronics and appliance stores;

• Furniture and home furnishing stores;

• Gift shops;

• Hardware and paint stores;

• Hobby supply stores;

• Auto parts stores, excluding service or installation;

• Jewelry stores;

• Luggage and leather goods stores;

• Office supply and stationary stores;

• Sporting goods stores.

This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

17.10.345 - Large-Scale Combined Retail and Grocery Sales Commercial Activities.

Large-Scale Combined Retail and Grocery Sales Commercial Activities include the retail sale from the premises of goods and merchandise, primarily for personal or household use, from stores whose total sales floor area exceeds one hundred thousand (100,000) square feet, and which devote more than ten percent (10%) of sales floor area to the sale of non-taxable merchandise, but exclude wholesale clubs or other establishments selling primarily bulk merchandise and charging membership dues or otherwise restricting merchandise sales to customers paying a periodic access fee. This classification excludes the sale or rental of motor vehicles, except for parts and accessories, and the sale of materials used in construction of buildings or other structures, except for paint, fixtures, and hardware. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

17.10.350 - Consumer Service Commercial Activities.

Consumer Service Commercial Activities include the provision of services of a personal nature, but exclude activities more specifically classified elsewhere. Examples of activities in this classification include but are not limited to the following:

• Barber shops;

• Beauty salons;

• Laundromats;

• Nail salons;

• Full service laundry service and dry cleaners (not including dry cleaning plants);

• Shoe shine stands;

• Tailors;

• Tanning salons;

• Tattoo parlors;

• A pharmacy that exclusively sells prescription drugs, non-prescription drugs, and other medical-related products;

• Massage services.

This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 13042, § 4(Exh. A), 10-19-2010; Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

17.10.360 - Consultative and Financial Service Commercial Activities.

Consultative and Financial Service Commercial Activities include the provision of financial, mortgage, insurance, retail bank branch, consumer oriented tax services, and real estate brokerage services, other than the services classified as Civic Activities or described in Sections 17.10.330 (Medical Service), 17.10.400 (Business, Communication, and Media Service), and 17.10.420 (Research Service Commercial Activities). This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

17.10.365 - Check Cashier and Check Cashing Commercial Activities.

Check Cashier and Check Cashing Commercial Activities include:

A.

A person or entity that, for compensation, engages in whole or in part in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. "Check Cashier Activities" also include the business of deferred deposits whereby the check cashier refrains from depositing a personal check written by a customer until a specific date pursuant to a written agreement as provided in Civil Code Section 1789.33, as amended.

B.

"Check Cashier" or "Check Cashing Activities" do not include a state or federally chartered bank, savings association, credit union, or industrial loan company. "Check Cashier" or "Check Cashing Activities" also do not include a retail seller engaged primarily in the business of selling consumer goods, such as consumables, to retail buyers that cash checks or issues money orders for a minimum flat fee, not exceeding two (2) dollars, as a service to its customers that is incidental to its main purpose or business. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

17.10.370 - Consumer Cleaning and Repair Service Commercial Activities.

Consumer Cleaning and Repair Service Commercial Activities include the cleaning or repair of household appliances, furniture, and similar items; but exclude establishments that include on-site dry cleaning or repair of motor vehicles and of structures. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

17.10.375 - Consumer Dry Cleaning Plant Commercial Activities.

Dry Cleaning Plant Commercial Activities include the on-site dry cleaning of personal apparel and similar items with or without consumer drop-off and pick-up. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

17.10.378 - Artisan Production Commercial Activities.

Artisan Production Commercial Activities include the creation, exhibition and on-site sale of multi-media art and artisan products. This includes street-oriented displays of artistic products and publicly-accessible studio and sales spaces. These activities do not include manufacture, fabrication or production processes that produce noise, vibration, air pollution, fire hazard, or noxious emissions that could disturb or endanger neighboring properties. This classification does not include the production of alcoholic beverages classified in Section 17.10.550 Custom Manufacturing Industrial Activities. Artisan Production Activities include, but are not limited to:

A.

Painting;

B.

Drawing;

C.

Sculpture;

D.

Small-scale jewelry, metalworking, furniture, and woodworking production;

E.

Photography, picture framing, printshop, digital print lab;

F.

Fashion design, sewing, textiles fabrication;

G.

Art galleries (excluding those classified as a Nonassembly Cultural Civic Activity in Section 17.10.190);

H.

Food Production (excluding the production of highly pungent, odor-causing items, such as vinegar and yeast) with five thousand (5,000) square feet or less of floor area.

(Ord. No. 13812, § 4(Exh. A), 7-30-2024; Ord. No. 13763, § 5, 10-3-2023)

Group Assembly Commercial Activities include the provision of instructional, amusement, and other services of a similar nature to group assemblages of people. This classification does not include any activity classified in Section 17.10.160 Community Assembly Civic Activities, Section 17.10.170 Recreational Assembly Civic Activities, Section 17.10.180 Community Education Civic Activities, or Section 17.10.190 Nonassembly Cultural Civic Activities. Examples of activities in this classification include, but are not limited to, the following:

• Yoga, martial arts, driving school, job training, and other instructional classes in facilities with five thousand (5,000) square feet or more of classroom or instructional space;

• Drive-in theaters;

• Theaters or venues with five thousand (5,000) square feet or more of performance, lobby space, and audience floor area;

• Cabarets, night clubs, dance halls, pool halls, bowling alleys, and adult entertainment;

• Banquet halls;

• Fitness clubs with five thousand (5,000) square feet or more of floor area.

This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13812, § 4(Exh. A), 7-30-2024; Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2- 16-2016; Ord. No. 13251, § 5(Exh. A), 7-29-2014; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

Personal Instruction and Improvement Services Commercial Activities include the provision of informational, instructional, personal improvement and other services of a similar nature. This classification does not include any activity classified as Section 17.10.180 Community Education Civic Activities or Section 17.10.380 Group Assembly Commercial Activities. Examples of activities in this classification include, but are not limited to, the following:

• Yoga, martial arts, driving school, job training, and other instructional classes in facilities with less than five thousand (5,000) square feet of classroom or instructional space;

• Fitness clubs with less than five thousand (5,000) square feet of floor area;

• Theaters or venues with less than five thousand (5,000) square feet of performance, lobby space, and audience floor area.

This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13251, § 5(Exh. A), 7- 29-2014; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

Editor's note— Ord. No. 13251, § 5(Exh. A), adopted July 29, 2014, changed the title of Section 17.10.385 from "Personal instruction and small scale entertainment commercial activities" to "Personal instruction and improvement services commercial activities." The historical notation has been preserved for reference purposes.

17.10.390 - Administrative Commercial Activities.

Administrative Commercial Activities include the professional, executive, management, administrative, and clerical activities of private firms, other than public utility firms. This classification includes, but is not limited to, administrative corporate headquarter offices, business offices, and the offices of investment firms. Examples of activities in this classification include but are not limited to the following:

• Cultural and advocacy offices;

• Law firms;

• Accounting;

• Advertising;

• Architectural and engineering consulting firms;

• Management consulting firms;

• Computer consulting;

• Software design;

• Data management and billing services offices;

• Administrative offices of non-profit organizations.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

17.10.400 - Business, Communication, and Media Service Commercial Activities.

Business, Communication, and Media Service Commercial Activities include the provision of services of a clerical, goods brokerage, communication, or minor processing nature such as digital and print production, photocopying, audio and video editing, and mailing services. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

Broadcasting and Recording Service Commercial Activities include the recording or broadcasting of music or video performed in studios. This category does not include transmission towers. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

Research Service Commercial Activities include research and development of a scientific, medical, pharmaceutical, or small- and medium-scale industrial nature leading to the development of new products and processes. These activities generally occur in an office or laboratory setting. This classification does not include activities that fall into the Research and Development Industrial Activities classification or laboratories approved for National Institute of Health experiments using Risk Group 4 or Restricted Agents (commonly known as "bio-safety level 4") (see Section 17.10.580 Heavy/High Impact Manufacturing Activities). This classification includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13812, § 4(Exh. A), 7-30-2024; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

17.10.430 - General Wholesale Sales Commercial Activities.

General Wholesale Sales Commercial Activities include the storage and sale, from the premises, of bulk goods, as well as the storage of such goods on the premises and their transfer therefrom to other firms or individuals; but exclude sale or storage of motor vehicles, except for parts and accessories, and sale or storage of materials used in construction of buildings or other structures. This classification does not include hardware or paint stores. This classification also excludes activities under Section 17.10.345 (Large-Scale Combined Retail and Grocery Sales Commercial Activity). This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

Transient Habitation Commercial Activities include the provision of lodging services to transient guests on a less-than-thirty-days basis, other than in the case of activities classified by Section 17.10.120 SemiTransient Residential Activities or Section 17.10.125 Bed and Breakfast Residential Activities. Examples include hotels and motels. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13509, § 2(Exh. A), 12-4-2018; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

17.10.450 - Building Material Sales Commercial Activities.

Building Material Sales Commercial Activities include the sale of bulk building and landscaping supplies. This classification includes, but is not limited to, sales of heating, air conditioning, electrical and plumbing

equipment, soil, soil amendments, lumber, gravel, or other similar building materials. Landscaping and building materials are commonly stored outside. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

Automobile and Other Light Vehicle Sales and Rental Commercial Activities include the sale, rental, leasing and incidental cleaning, servicing, and repair of small passenger vehicles and light trucks that have a gross vehicle weight rating of less than fourteen thousand (14,000) pounds such as cars, sports utility vehicles, motorcycles, pickup trucks, vans, light tow trucks, light trucks, boats and RVs. This classification also includes the retail or wholesale sale or rental, from the premises, of any type of goods where orders are placed predominantly by telephone or mail order with delivery being provided by motor vehicle. Delivery activities that include use of more than two (2) on-site tow trucks are excluded from this classification This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

17.10.470 - Automobile and Other Light Vehicle Gas Station and Servicing Commercial Activities.

Automobile and Other Light Vehicle Gas Station and Servicing Commercial Activities include the sale, from the premises, of goods and the provision of services which are generally required in the operation and maintenance of automotive vehicles that have a gross vehicle weight less than fourteen thousand (14,000) pounds and the fulfilling of motorist needs, including sale of petroleum products together with sale and servicing of tires, batteries, automotive accessories, and replacement items, lubricating services, and performance of minor repairs. This classification does not include vehicle dismantling or salvage and tire retreading or recapping. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

Automobile and Other Light Vehicle Repair and Cleaning Commercial Activities include the major repair or painting of motor vehicles that have a gross vehicle weight rating of less than fourteen thousand (14,000) pounds, including body work and installation of major accessories, as well as the washing and polishing of motor vehicles. This classification does not include vehicle dismantling or salvage and tire re-treading or recapping. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

17.10.485 - Taxi and Light Fleet-Based Service Commercial Activities.

Taxi and Light Fleet-Based Service Commercial Activities include passenger transportation services, local delivery services, and other businesses that rely on fleets of three (3) or more vehicles with a gross vehicle weight rating of less than fourteen thousand (14,000) pounds. This classification includes parking, dispatching, and offices for taxicab and limousine operations, airport shuttles, medical transport, local messenger and document delivery services, janitorial services, and similar businesses. This classification only includes towing operations when vehicles are taken to off-site locations and the tow trucks do not exceed the above gross vehicle weight rating. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

17.10.490 - Automotive Fee Parking Commercial Activities.

Automotive Fee Parking Commercial Activities include the parking and storage of motor vehicles on a fee basis, including, but not limited to, for-fee parking lots and parking for car share vehicles, other than the operation of parking facilities by a Civic Activity. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13393, § 2(Exh. A), 10-4-2016; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

Editor's note— Ord. No. 13172, § 3(Exh. A), adopted July 2, 2013, repealed the former Section 17.10.500, which pertained to transport and warehousing commercial activities (does not apply to the CIX-1, CIX-2, IG, or IO Zones), and derived from Ord. No. 12939, § 4(Exh. A), adopted June 16, 2009.

17.10.505 - Animal Boarding Commercial Activities.

Animal Boarding Commercial Activities include any structure, land, or combination thereof used, designed, or arranged for the boarding, breeding or care of dogs, cats, pets, or other domestic animals for profit, but exclusive of animals used for agricultural purposes. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

Animal Care Commercial Activities include the provision of animal care and treatment wherein the overnight care of said animals is prohibited except when necessary in the medical treatment of the animal. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

Undertaking Service Commercial Activities include the provision of undertaking and funeral services involving the care and preparation of the human dead prior to burial. This classification also includes certain

activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

Part 4 - Industrial Activity Types[[2]]

Footnotes:

--- ( 2 ) ---

Editor's note— Ord. No. 13064, § 2(Exh. A), adopted March 15, 2011, changed the title of Part 4 from "Manufacturing activity types" to "Industrial activity types."

17.10.540 - General description of Industrial Activities.

Industrial Activities include the on-site production of goods by methods other than agricultural and extractive in nature the provisions of warehousing and storage, freight handling, shipping, and trucking services; and the storage, transportation, and processing of recyclable or waste materials, and hazardous materials. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12875 § 2 (part), 2008: prior planning code § 2400)

17.10.550 - Custom Manufacturing Industrial Activities.

Custom Manufacturing Industrial Activities include the small-scale production of artisan and/or custom products. This activity typically includes the production of finished parts or products by hand, involving the use of hand tools and small-scale equipment within enclosed buildings. Custom Manufacturing Industrial Activities do not produce noise, vibration, air pollution, fire hazard, or noxious emission that will disturb or endanger neighboring properties. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040. This classification includes, but is not limited to, the production of:

A.

Beverages (including alcoholic) and food (excluding the production of highly pungent, odor-causing items, such as vinegar and yeast) with ten thousand (10,000) square feet or less of floor area (see Section 17.10.040 for allowed sales activities accessory to the production of alcoholic beverages and Section 17.103.030 for definition of an alcoholic beverage manufacturer);

B.

Cameras and photographic equipment;

C.

Custom sign-making;

D.

Custom clothing;

E.

Custom furniture building and refinishing;

F.

Professional, scientific, measuring, and controlling instruments;

G.

Musical instruments;

H.

Medical, dental, optical and orthopedic instruments and appliances, and similar items;

I.

Handicraft, art objects, and jewelry.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13270, § 3(Exh. A), 11-18-2014; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12899 § 4, Exh. A (part), 2008; Ord. 12875 § 2 (part), 2008)

Light Manufacturing Industrial Activities include the manufacturing, compounding, processing, assembling, packaging, or treatment of components or products, primarily from previously prepared materials, and typically within enclosed buildings. Light Manufacturing Industrial Activities do not produce noise, vibration, air pollution, fire hazard, or noxious emission that will disturb or endanger neighboring properties. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040. This classification includes, but is not limited to, the production or assembly of:

A.

Production apparel manufacturing;

B.

Computer and electronic products;

C.

Pharmaceutical production;

D.

Beverages (including alcoholic) and food (excluding the production of highly pungent, odor-causing items, such as vinegar and yeast) with more than ten thousand (10,000) square feet of floor area (see Section

17.10.040 for allowed sales activities accessory to the production of alcoholic beverages and Section 17.103.030 for definition of an alcoholic beverage manufacturer);

E.

Electrical equipment, appliances, and components;

F.

Furniture and related products;

G.

Pharmaceutical production;

H.

Sporting and athletic goods.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13270, § 3(Exh. A), 11-18-2014; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12899 § 4, Exh. A (part), 2008; Ord. 12875 § 2 (part), 2008)

17.10.570 - General Manufacturing Industrial Activities.

General Manufacturing Industrial Activities include the manufacturing, compounding, processing, assembling, packaging or treatment of products from extracted, raw, recycled or secondary materials; they may have some or all activities conducted outdoors. This classification excludes all activities under Intermediate Recycling Processing Facilities. The Zoning Administrator or his/her designee may place an activity that otherwise fits this description, but does not produce noise, vibration, air pollution, fire hazard, or noxious emission that will violate standard in Chapter 17.120, or an other federal, State or local standards into the Light Manufacturing Industrial Activities classification. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040. Examples of activities in this classification include, but are not limited to, the following:

A.

Chemical manufacturing (except for the chemical products listed under Heavy/High/Impact Manufacturing);

B.

Glass manufacturing;

C.

Metal foundries;

D.

Wood product manufacturing;

E.

Heavy equipment and manufacturing;

F.

Paper finishing;

G.

Pipe production facilities;

H.

Textile mills;

I.

Tire retreading and recapping;

J.

Wood product manufacturing.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12899 § 4, Exh. A (part), 2008; Ord. 12875 § 2 (part), 2008)

17.10.580 - Heavy/High Impact Manufacturing Industrial Activities.

Heavy/High Impact Manufacturing Industrial Activities include high impact or hazardous manufacturing processes. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040. Examples of activities in this classification include, but are not limited to, the following:

A.

Any manufacturing use with large-scale facilities for outdoor oil and gas storage;

B.

Any biotechnology research, development or production activities involving materials defined by the National Institute of Health as Risk Group 4 or Restricted Agents (commonly known as "biosafety level 4");

C.

Battery manufacturing and storage;

D.

Lime and gypsum products manufacturing;

E.

Non-ferrous metals production, processing, smelting and refining;

F.

Painting, coating and adhesive manufacturing;

G.

Synthetic dye and pigment manufacturing;

H.

Urethane and other open-cell foam product manufacturing;

I.

Petroleum and coal products manufacturing and refining;

J.

Primary metal smelting;

K.

Vinegar, yeast and other pungent, odor-causing items production;

L.

Leather tanning;

M.

Cement and asphalt manufacturing;

N.

Explosives manufacturing;

O.

Fertilizer and other agricultural chemical manufacturing.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12899 § 4, Exh. A (part), 2008; Ord. 12875 § 2 (part), 2008)

17.10.581 - Research and Development Industrial Activities.

Research and Development Industrial Activities include large scale industrial research and product prototype development in advance of full-scale manufacturing of final products. These activities take place in an industrial setting. The only manufacturing uses in this classification consist of the creation of

prototype processes, products, plans, or designs for the primary purpose of research, development, or evaluation, rather than sale.

This classification excludes laboratories approved for National Institute of Health experiments using Risk Group 4 or Restricted Agents (commonly known as "bio-safety level 4") (see Section 17.10.580 Heavy/High Impact Manufacturing Activities). This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13812, § 4(Exh. A), 7-30-2024; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12875 § 2 (part), 2008)

17.10.582 - Construction Operations Industrial Activities.

Construction Operations Industrial Activities include enclosed and unenclosed facilities and accessory yards for construction and incidental storage activities and/or fabrication activities performed by construction contractors on lots other than construction sites. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040. This classification includes, but is not limited to, the storage and custom cutting of stone for interior applications, roofing and plumbing component storage, and equipment storage for environmental contractors.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12875 § 2 (part), 2008)

17.10.583 - Warehousing, Storage, and Distribution Industrial Activities.

Warehousing, Storage, and Distribution Industrial Activities include five (5) sub-classifications as described below. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040:

A.

General Warehousing, Storage, and Distribution. General Warehousing, Storage, and Distribution Activities include the warehousing and storage, primarily within enclosed buildings, of commercial goods (other than primary storage of hazardous materials), and the associated distribution activities that occur on-site prior to delivery of goods to wholesale and retail outlets or direct shipment to customers. These activities may also include ancillary truck parking and dispatching; and accessory outdoor storage areas where outdoor storage, not including parking and loading areas, does not occupy more than thirty percent (30%) of the total site area.

B.

General Outdoor Storage. General Outdoor Storage Activities include principal outdoor storage of items for more than 24 hours where such storage activities occupy more than thirty percent (30%) of the site area. The principal storage of goods and materials, equipment or vehicles; as well as the storage of operating equipment for warehouses, such as forklifts, pallets, and racks. This classification excludes outdoor storage uses that are more specifically described in this Chapter, including but not limited to, container storage, salvage and junk yards and oil and gas storage. This classification includes, but is not limited to,

construction trailers, outdoor sheds or accessory portable structures, secondary sites for storage of building materials that are not for resale on-site.

C.

Self- or Mini-Storage. Self- or Mini-Storage Activities consist of storage in small individual spaces, on average of four hundred (400) square feet or less that are exclusively and directly accessible to a specific tenant, offered on a monthly or other limited basis, and available to the general public.

D.

Container Storage. Container Storage Activities include the storage, repair, and "pre-tripping" of shipping containers, including refrigerated shipping containers, on open lots. Includes minor repair and cleaning of containers, and may include the rehabilitation of containers for other uses.

E.

Automotive Salvage/Junk Yards. Automotive Salvage/Junk Yard Activities include the storage and dismantling of vehicles and equipment for sale of parts.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12875 § 2 (part), 2008)

17.10.584 - Regional Freight Transportation Industrial Activities.

Regional Freight Transportation Industrial Activities include the provision of freight handling and shipping services by water and rail. They include the inter- and intra-regional transportation of goods. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

A.

Seaport. The accommodation of freight service and operations by ship. This classification includes piers, wharves and docks, marine terminals, container and break-bulk storage areas (where container storage is an accessory, rather than principal activity), related inter-modal facilities, and support services such as port and harbor operations and navigational services.

B.

Rail yard. Accommodation of freight service and operations by rail.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12875 § 2 (part), 2008)

Trucking and Truck-Related Industrial Activities include the provision of freight handling and shipping services by trucks as well as parking, maintenance, and services for trucks and other heavy vehicles and equipment. Each classification involves the use of trucks and other heavy vehicles that have a gross vehicle weight rating greater than or equal to fourteen thousand (14,000) pounds. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

A.

Freight/Truck Terminal. The accommodation of local or worldwide freight by truck. This classification includes facilities used primarily for transfer, breaking-down, and/or consolidation of freight, as well as parking and dispatch of trucks.

B.

Truck Yard. Parking, dispatch, refueling, and incidental repair of trucks, buses, or other fleets of heavy vehicles, where there is no on-site freight storage or transfer. This classification includes corporation yards operated by public and private towing operations. This classification does not include local courier and delivery services; towing operations as an accessory activity to Automotive and Other Light Vehicle Repair and Cleaning (see Section 17.10.480).

C.

Truck Weigh Stations. The weighing of commercial trucks in truck weighing facilities.

D.

Truck and Other Heavy Vehicle Sales, Rental, and Leasing. Sales, rental, and leasing of medium and heavy trucks, truck tractors, construction or agricultural equipment, buses, commercial boats, heavy equipment, and other commercial vehicles. This classification includes the sale, installation, accessory repair and servicing of related equipment and parts. This classification does not include vehicle dismantling or salvage and tire re-treading or recapping (see Salvage/Junk Yards, Section 17.10.583).

E.

Truck and Other Heavy Vehicle Service, Repair, and Refueling. Repair, fueling, and other servicing of medium and heavy trucks, truck tractors, construction or agricultural equipment, buses, boats, heavy equipment, and similar vehicles. This classification includes the sale, installation, and servicing of related equipment and parts. This classification also includes gasoline, diesel, natural gas, and/or hydrogen fueling stations, repair shops, body and fender shops, wheel and brake shops, engine repair and rebuilding, welding, major painting service, tire sales and installation, and upholstery shops for trucks and other heavy vehicles. This classification does not include electrical vehicle charging stations installed as the primary use of a site (see Essential Service Activities, Section 17.10.140.K); or vehicle dismantling or salvage (see Salvage/Junk Yards, Subsection 17.10.583.E).

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-22013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12875 § 2 (part), 2008)

17.10.586 - Recycling and Waste-Related Industrial Activities.

Recycling and Waste-Related Industrial Activities include recycling collection, intermediate processing, and other activities related to the storage and processing of used and waste materials. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

A.

Satellite Recycling Collection Centers. An activity accepting recyclable non-hazardous materials directly from the public by donation, redemption, or purchase at facilities less than five hundred (500) square feet in area that generally do not use power-driven processing equipment.

Satellite collection centers may include mobile recycling units, bulk reverse vending machines, kiosk type units, and/or unattended containers placed for the donation of recyclable materials. These facilities are generally located in, or associated with supermarkets and shopping centers. Most, though not all, satellite collection centers are set up pursuant to requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986, which requires establishment of such centers in all "Convenience Zones" (CZ) in California, defined as the area within one-half (½) mile of all supermarkets, to collect beverage containers made from materials such as aluminum, glass, plastic, and bimetal for recycling.

B.

Primary Recycling Collection Centers. An activity accepting recyclable non-hazardous materials by donation, redemption, or purchase at facilities occupying an area of more than five hundred (500) square feet that are not operated incidental to a host use and that may have a permanent building. Primary collection centers typically use power-driven equipment to sort and condense material for shipment to an intermediate processor or other user. Primary Recycling Collection Centers may have a combination of outdoor processing and storage.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. No. 12923, § 2(Exh. A), 3-17-2009; Ord. 12875 § 2 (part), 2008)

17.10.587 - Hazardous Materials Production, Storage, and Waste Management Industrial Activities.

Hazardous Materials Production, Storage, and Waste Management Industrial Activities include four (4) subclassifications as described below. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040:

A.

Small Scale Transfer and Storage Hazardous Waste Management Activities. Small Scale Transfer and Storage Hazardous Waste Management Activities include treatment facilities with waste streams small enough to be exempt from manifest requirements as described in California Health and Safety Code, Division 20, Chapter 6.5, Article 6. Wastes from any given generator must not exceed a total volume of five (5) gallons or a total weight of fifty (50) pounds.

B.

Industrial Transfer/Storage Hazardous Waste Management Activities. Industrial Transfer/Storage Hazardous Waste Management Activities include any treatment facility which is not a Small Scale Transfer and Storage Facility or Residual Repository.

C.

Residuals Repositories Hazardous Waste Management Activities. Residuals Repositories Hazardous Waste Management Activities include treatment facilities for collection of residual wastes de-fined as residues

from other treatment facilities after treatment, and other irreducible stabilized or detoxified hazardous wastes.

D.

Oil and Gas Storage. Oil and Gas Storage Activities include tank farms and outdoor facilities for the bulk storage and handling of fuel and lubricating oils, gasoline and natural gas.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12875 § 2 (part), 2008)

Part 5 - Agricultural and Extractive Activity Types

17.10.590 - General description of Agricultural and Extractive Activities.

Agricultural and Extractive Activities include the on-site production of plants, animals, and plant and animal products by agricultural methods, and of mineral products by extractive methods. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12939, § 4(Exh. A), 6- 16-2009; Prior planning code § 2450)

17.10.600 - Plant Nursery Agricultural Activities.

Plant Nursery Agricultural Activities include the cultivation for sale of horticultural specialties such as flowers, shrubs, and trees, intended for ornamental or landscaping purposes. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Prior planning code § 2460)

Limited Agricultural Activities include the cultivation on the premises of fruits, vegetables, plants, flowers, herbs, and/or ornamental plants intended to produce food, fibers, or other plant products for on- or off-site sale; the keeping, grazing, and/or feeding of no more than three (3) livestock animals by agricultural methods; and bee keeping activities involving no more than three (3) hives. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040; and employee housing consisting of no more than thirty-six (36) beds in a group quarters or twelve (12) units or spaces designed for use by a family or household. This classification does not include any cannabis activities; the keeping, grazing, and/or feeding of more than three (3) livestock animals or bee keeping involving more than three (3) hives; the use of any heavy mechanized farming equipment; or any activity classified in Section 17.10.600 Plant Nursery Agricultural Activities. Any keeping, grazing, feeding, and/or production of animals or animal products must conform to all applicable regulations, including but not limited to, Municipal Code Chapters 6.04, 8.14, and 8.18. See also Section 17.102.140 for regulations regarding the keeping or training of horses, mules, or donkeys.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13270, § 3(Exh. A), 1118-2014; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Prior planning code § 2461)

17.10.615 - Extensive Agricultural Activities.

Extensive Agricultural Activities include the keeping, grazing, and/or feeding of more than three (3) livestock animals by agricultural methods, including bee keeping activities involving more than three (3) hives; and agricultural activities not included in Section 17.10.610 Limited Agricultural Activities, including but not limited to, the use of any heavy mechanized farming equipment. Any keeping, grazing, feeding, and/or production of animals or animal products must conform to all applicable regulations, including but not limited to, Municipal Code Chapters 6.04, 8.14, and 8.18. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040; and employee housing consisting of no more than thirty-six (36) beds in a group quarters or twelve (12) units or spaces designed for use by a family or household. This classification does not include any cannabis activities; or any activity classified in Section 17.10.505 Animal Boarding Commercial Activities or Section 17.10.510 Animal Care Commercial Activities. See also Section 17.102.140 for regulations regarding the keeping or training of horses, mules, or donkeys.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13270, § 3(Exh. A), 1118-2014)

17.10.620 - Mining and Quarrying Extractive Activities.

Mining and Quarrying Extractive Activities include the extraction of metallic and nonmetallic minerals, including sand and gravel pit operations. They include surface mining operations as defined by Section 2735 of the Public Resources Code of the state of California. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Prior planning code § 2462)

Article III - Facility Types Part 1 - Residential Facility Types

17.10.630 - General description of Residential Facilities.

Residential Facilities include living quarters which accommodate or are intended to accommodate Residential Activities. They also include certain facilities accessory to the above, as specified in Section 17.10.070.

(Prior planning code § 2550)

17.10.640 - One-Family Dwelling Residential Facilities.

One-Family Dwelling Residential Facilities include permanently fixed buildings, or those portions thereof, which accommodate or are intended to accommodate Residential Activities and contain one Regular Dwelling Unit on a parcel, along with any Accessory Dwelling Units that may be permitted as set forth in Section 17.103.080 and Chapter 17.88. One-Family Dwelling Residential Facilities also include manufactured homes, as defined in Health and Safety Code Section 18007; mobile homes, as defined in

Health and Safety Code Section 18008; and employee housing providing accommodations for six (6) or fewer employees. They also include certain facilities accessory to the above, as specified in Section 17.10.070.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13677, § 4(Exh. A), 1-18-2022; Ord. No. 13666, § 3(Exh. A), 1116-2021; Prior planning code § 2560)

Editor's note— Ord. No. 13677, § 4(Exh. A), adopted Jan. 18, 2022, repealed § 17.10.650, which pertained to One-Family Dwelling with Secondary Unit Residential Facilities, and derived from Ord. 12199 § 3 (part), 2000: prior planning code § 2560.1; and Ord. No. 13357, § 3(Exh. A), adopted Feb. 16, 2016.

17.10.670 - Two- to Four-Family Dwelling Residential Facilities.

Two- to Four-Family Dwelling Residential Facilities include permanently fixed buildings, or those portions thereof, which accommodate or are intended to accommodate Residential Activities and contain two (2) to four (4) Regular Dwelling Units or Efficiency Dwelling Units on a parcel, along with any Accessory Dwelling Units that may be permitted as set forth in Section 17.103.080 and Chapter 17.88. They also include certain facilities accessory to the above, as specified in Section 17.10.070.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13677, § 4(Exh. A), 1-18-2022; Ord. No. 13435, § 4(Exh. A), 5-22017; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Prior planning code § 2561)

Multifamily Dwelling Residential Facilities include permanently fixed buildings, or those portions thereof, which accommodate or are intended to accommodate Residential Activities and contain five (5) or more Regular Dwelling Units or Efficiency Dwelling Units on a parcel, along with any Accessory Dwelling Units that may be permitted as set forth in Section 17.103.080 and Chapter 17.88. They also include certain facilities accessory to the above, as specified in Section 17.10.070.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13677, § 4(Exh. A), 1-18-2022; Ord. No. 13064, § 2(Exh. A), 3- 15-2011; Prior planning code § 2562)

Rooming House Residential Facilities include permanently fixed buildings, or those portions thereof, which accommodate or are intended to accommodate Residential Activities and each of which contains one or more rooming units. They also include certain facilities accessory to the above, as specified in Section 17.10.070.

(Prior planning code § 2566)

Vehicular Residential Facilities include recreational vehicles as defined in Health and Safety Code Section 18010. They do not include manufactured homes, as defined in Health and Safety Code Section 18007;

mobile homes, as defined in Health and Safety Code Section 18008; or structures installed on a permanent foundation. They also include certain facilities accessory to the above, as specified in Section 17.10.070.

(Ord. 12872 § 4 (part), 2008: prior planning code § 2567; Ord. No. 13666, § 3(Exh. A), 11-16-2021)

Editor's note— Ord. No. 1366, § 3(Exh. A), adopted Nov. 16, 2021, amended the title of § 17.10.700 to read as herein set out. The former § 17.10.700 title pertained to mobile home residential facilities.

Part 2 - Nonresidential Facility Types

Nonresidential Facilities include principal facilities, or portions thereof, which accommodate or are intended to accommodate Civic, Commercial, Industrial, or Agricultural or Extractive Activities. They also include certain facilities accessory to the above, as specified in Section 17.10.070.

(Ord. No. 13064, § 2(Exh. A), 3-15-2011; prior planning code § 2600)

Enclosed Nonresidential Facilities include principal buildings, or portions thereof, other than those described in Section 17.10.740, which accommodate or are intended to accommodate Civic, Commercial, Industrial, or Agricultural or Extractive Activities and which are separated from adjacent areas on all sides by walls pierced only by windows, vents, or customary entrances and exits. They also include certain facilities accessory to the above, as specified in Section 17.10.070.

(Ord. No. 13064, § 2(Exh. A), 3-15-2011; prior planning code § 2610)

17.10.730 - Open Nonresidential Facilities.

Open Nonresidential Facilities include principal facilities, other than those facilities described in Sections 17.10.740 (Drive-In Nonresidential), 17.10.750 (Sidewalk Cafe) and 17.10.770 (Drive-Through Nonresidential), which accommodate or are intended to accommodate Civic, Commercial, Industrial, or Agricultural or Extractive Activities and which either are unroofed areas or structures, or are buildings which are not separated from adjacent areas on all sides by walls pierced only by windows, vents, or customary entrances and exits. They also include certain facilities accessory to the above, as specified in Section 17.10.070.

(Ord. 12899 § 4, Exh. A (part), 2008; prior planning code § 2611)

Drive-In Nonresidential Facilities include principal buildings, open areas, and other facilities which

accommodate or are intended to accommodate Civic, Commercial, Industrial, or Agricultural or Extractive Activities and which are so designed or operated as to enable persons to receive a service or purchase or consume goods while remaining within a motor vehicle. They also include certain facilities accessory to the above, as specified in Section 17.10.070.

(Ord. No. 13064, § 2(Exh. A), 3-15-2011; prior planning code § 2612)

Sidewalk Cafe Nonresidential Facilities include dining areas which encroach within the sidewalk or plaza area of the public right-of-way and are intended to accommodate either a General Food Sales Commercial, Full-service restaurant, Limited Service Restaurant and Cafe, Fast-Food Restaurant, or Alcoholic Beverage Sales Commercial Activity located on private property. Such dining areas shall be defined by design elements which separate the establishment from the remainder of the sidewalk or plaza.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Prior planning code § 2613)

Editor's note— Ord. No. 13172, § 3(Exh. A), adopted July 2, 2013, repealed the former Section 17.10.760, which pertained to shopping center facility, and derived from the prior planning code, § 2614.

17.10.770 - Drive-Through Nonresidential Facilities.

Drive-Through Nonresidential Facilities include vehicular access systems designed to enable persons to receive a service or purchase goods by driving through the property and conducting the transaction while remaining within the vehicle. The systems generally consist of vehicular stacking/queuing lane(s) and one or more service locations/windows. Drive-Through Nonresidential Facilities are intended to accommodate Civic, Commercial, Industrial, or Agriculture or Extractive Activities. They also include certain other facilities accessory to the above as specified in Section 17.10.070.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011; prior planning code § 2615)

Part 3 - Sign Types

Signs are any facilities, whether located inside or outside a building, which are visible from any lot line, and the primary purpose of which is the conveyance of an idea, advertising, endorsement, identification, or information, by means of visual symbols, lettering, illustration, or any other means of directing attention or communicating; and include display surfaces together with such facilities as are utilized in supporting, maintaining, and illuminating the display surfaces.

(Prior planning code § 2650)

Residential Signs are Signs which give notice of the name or address of Residential Facilities on the same lot or the name or occupation of a resident thereof, or the condition of use of a parking area or other private facility serving a Residential Activity.

(Prior planning code § 2660)

Special Signs are Signs which serve a temporary or other special function of an emergency, patriotic, religious, or community nature, including official notices and warning Signs posted by a governmental agency; the flag of any nation, state, international organization, or other governmental agency; memorial plaques, historical tablets, and other commemorative symbols; temporary displays of a patriotic or religious nature; temporary nonstructural posters for civic or political campaigns; and nonilluminated, nonverbal religious symbols.

(Prior planning code § 2661)

Development Signs are temporary Signs which announce the anticipated sale, lease, rental, or character of facilities being constructed or altered, or of facilities or lots in a real estate development or subdivision, or which identify persons or firms engaged in the promotion, design, construction, or alteration thereof.

(Ord. No. 13172, § 3(Exh. A), 7-2-2013; Prior planning code § 2662)

17.10.820 - Realty Signs.

Realty Signs are temporary Signs which pertain to the sale, lease, rental, or display of existing lots or buildings or other facilities.

(Prior planning code § 2663)

Civic Signs are Signs, other than Special Signs, which give notice of the name or services, or other function or operation, of a Civic Activity on the same lot, or the address or conditions of use of a parking area or other facility serving such activity.

(Prior planning code § 2664)

17.10.840 - Business Signs.

Business Signs are any of the following:

A.

A Sign directing attention to, or otherwise pertaining to, a commodity, service, business, or profession which is sold, produced, conducted, or offered as one of the major functions of a Commercial, Industrial, or Agricultural or Extractive Activity on the same lot;

B.

A Sign, or portion thereof, directing attention to or otherwise pertaining to a commodity or service which is sold, produced, or offered by a Commercial, Industrial, or Agricultural or Extractive Activity on the same lot but which does not constitute a major function thereof, whenever:

Such Sign is located behind a display window, or

2.

Such Sign has a display surface not greater than twelve (12) square feet on any one face, or

3.

Such advertising is incidental to a Sign pertaining to a major function and does not occupy more than onehalf of the area of display surface thereof;

C.

A Sign giving notice of the address or conditions of use of a parking area or other facility serving a Commercial, Industrial, or Agricultural or Extractive Activity.

(Ord. No. 13064, § 2(Exh. A), 3-15-2011; prior planning code § 2667)

Advertising Signs are any of the following:

A.

A Sign directing attention to, or otherwise pertaining to, a commodity, service, business, or profession which is not sold, produced, conducted, or offered by any activity on the same lot;

B.

A Sign directing attention to, or otherwise pertaining to, a commodity or service which is sold, produced, conducted, or offered by a Commercial, Industrial, or Agricultural or Extractive Activity on the same lot but which does not constitute a major function thereof, whenever such Sign is not classified as a Business Sign under Section 17.10.840B.

(Ord. No. 13064, § 2(Exh. A), 3-15-2011; prior planning code § 2668)

Part 4 - Telecommunications Facility Types

Telecommunications Facilities include attachment of antennas to buildings and similar facilities, the construction of support structures, and the provision of equipment associated with transmitting and receiving of radio frequencies.

(Ord. 11904 § 5.06 (part), 1996: prior planning code § 2700)

17.10.870 - Micro Telecommunications Facilities.

A Micro Telecommunications Facility is an attached wireless communication facility consisting of no more than six (6) antennas whose height is no more than four (4) feet and whose width is no more than one (1) foot and the antennas are concealed from view. If the antennas are visible, they may be no more than two

(2) feet tall and the width and depth of the antennas may be no more than four (4) inches. The associated equipment cabinets are not to exceed four (4) feet high by three (3) feet wide by two (2) feet deep if they are visible. If the equipment cabinets are concealed in an existing building, there is no limit on size of equipment.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3- 15-2011; Ord. 12768 § 3 (part), 2006; Ord. 11904 § 5.06 (part), 1996: prior planning code § 2710)

17.10.880 - Mini Telecommunications Facilities.

A Mini Telecommunications Facility is an attached wireless communication facility consisting of no more than twelve (12) antennas projecting no more than fifteen (15) feet above the roof line. The associated equipment cabinets are either concealed in an existing building, or no more than six (6) feet in height and occupy an area of no more than thirty (30) square feet. Construction of a separate structure to enclose the equipment serving the antennas is not allowed under the Mini Telecommunications Facility definition.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12768 § 3 (part), 2006; Ord. 11904 § 5.06 (part), 1996: prior planning code § 2711)

17.10.890 - Macro Telecommunications Facilities.

A Macro Telecommunications Facility is a wireless communication facility not included in the definition of Micro Telecommunications, Mini Telecommunications, Monopole Telecommunications, or Tower Telecommunications Facilities.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. 11904 § 5.06 (part), 1996: prior planning code § 2712)

17.10.900 - Monopole Telecommunications Facilities.

A Monopole Telecommunications Facility is a wireless communication facility that supports wireless communications antennas with a monopolar structure erected on the ground, terminating in one or more connecting appurtenances.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. 11904 § 5.06 (part), 1996: prior planning code § 2713)

A Tower Telecommunications Facility is a self-supporting structure, erected on the ground, which consists of metal crossed strips or bars to support antennas and related equipment.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. 11904 § 5.06 (part), 1996: prior planning code § 2714)

Chapter 17.11 - OS OPEN SPACE ZONING REGULATIONS

Sections:

17.11.010 - Title, purpose, and applicability.

The provisions of this Chapter shall be known as the OS Open Space Zone Regulations. The OS Zone is intended to create, preserve, and enhance land for permanent open space to meet the active and passive recreational needs of Oakland residents and to promote park uses which are compatible with surrounding land uses and the city's natural environment. The zone is typically appropriate in areas of public open space only. The following regulations shall apply in the OS Zone.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. 12078 § 3 (part), 1998)

17.11.020 - Designation and mapping of parks by category.

A.

All parks and public open space lands in the City of Oakland shall be classified using the categories listed below:

B.

Designation of each park on the zoning maps shall be followed by the two- or three-letter abbreviation corresponding to each park type in parentheses.

C.

If a new park is developed or acquired or if an existing park is to be changed to a new category, the Parks and Recreation Advisory Commission (PRAC) shall make a recommendation on the designation to the City Council, consistent with the park type definitions contained in the Open Space Conservation and Recreation (OSCAR) Element of the Oakland General Plan. The City Council shall hold a noticed public hearing prior to making a decision on the recommendation.

(Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12078 § 3 (part), 1998)

All activities and facilities that are existing or have been legally approved on the effective date of the ordinance codified in this Chapter shall be deemed approved, provided that they appear in the list of

conditionally permitted uses in Sections 17.11.050, 17.11.060 and 17.11.090. These activities and facilities shall not be subject to the provisions of Chapter 17.114 on nonconforming uses. Those existing activities and facilities that are not listed as conditionally permitted uses in Sections 17.11.050, 17.11.060 and 17.11.090 shall be deemed legal nonconforming uses and shall be subject to the provisions of Chapter 17.114.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12078 § 3 (part), 1998)

The following activities, as described in the use classifications at Chapter 17.10 and as further restricted to certain park and open space categories and specific uses as set forth in Section 17.11.060 are permitted:

A.

Accessory Activities

(Ord. 12078 § 3 (part), 1998)

17.11.050 - Conditionally permitted activities.

The following activities, as described in the use classifications at Chapter 17.10, and as further restricted to certain park and open space categories and specific uses as set forth in 17.11.060, may be permitted upon the granting of a conditional use permit pursuant to the conditional use permit procedure at Chapter 17.134 and the special use permit procedure for the OS Zone at Chapter 17.135, subject to the special definitions for projects in the Open Space Zone at Section 17.09.050 and the use permit criteria at Section 17.11.110:

A.

Residential Activities:

Permanent

B.

Civic Activities:

Essential Service

Limited Child Care

Community Assembly

Recreational Assembly

Community Education

Nonassembly Cultural

Administrative

Extensive Impact

C.

Commercial Activities:

Animal Care

Animal Boarding

General Food Sales

Full-service restaurant

Limited Service Restaurant and Cafe

Alcoholic Beverage Sales (in restaurants only)

D.

Agricultural and Extractive Activities:

Plant Nursery

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13270, § 3(Exh. A), 11-18-2014; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12078 § 3 (part), 1998)

17.11.060 - Special provisions for permitted and conditionally permitted activities in the OS Zone.

The following table shall apply to those activities that are permitted and conditionally permitted within the OS Zone. The specified activities shall only be permitted or conditionally permitted in the types of parks indicated in the table. Permitted activities are noted with the letter "P." Uses requiring a Minor Conditional Use Permit are indicated with a star. Uses requiring a Major Conditional Use Permit are indicated with a solid diamond. In the event that no letter or symbol appears in the matrix cell, the use is not permitted.

ACTIVITY TYPES

Limitations on Table Above in Section 17.11.060:

L1. Exception. Fences, walls, and gates in the designated park types may be exempted from this Conditional Use Permit requirement if the City Administrator, or their designee, determines that it will increase safety and security, or could prevent a public safety hazard. The City Administrator, or their designee, is hereby authorized to institute standards consistent with this subsection to guide implementation of this exception.

(Ord. No. 13805, § 2(Exh. A), 7-16-2024; Ord. No. 13779, § 2(Exh. A), 1-16-2024; Ord. No. 13763, § 5, 103-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13270, § 3(Exh. A), 11-18-2014; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12078 § 3 (part), 1998)

The following facilities, as described in the use classifications at Chapter 17.10, and as further restricted to certain park and open space categories and specific uses as set forth in the following table, are permitted:

A.

Accessory Facilities

(Ord. 12078 § 3 (part), 1998)

The following facilities, as described in the use classifications at Chapter 17.10, and as further restricted to certain park and open space categories and specific uses as set forth in Section 17.11.090, may be permitted upon the granting of a conditional use permit pursuant to the conditional use permit procedure at Chapter 17.134 and the special use permit procedure for the OS Zone at Chapter 17.135, subject to the special definitions for projects in the Open Space Zone at Section 17.09.050 and the use permit criteria at Section 17.11.110:

A.

Residential Facilities:

One-Family Dwelling

B.

Nonresidential Facilities:

Enclosed

Open

C.

Telecommunications Facilities:

Mini Telecommunications

Micro Telecommunications

Macro Telecommunications

Monopole Telecommunications

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12899 § 4, Exh. A (part), 2008; Ord. 12350 § 3 (part), 2001: Ord. 12078 § 3 (part), 1998)

17.11.090 - Special provisions for permitted and conditionally permitted facilities, and facilities allowed by variance in the OS Zone.

A.

Business and Advertising Signs. Business and Advertising Signs are allowed only when a City agency enters into an agreement with a private enterprise to enhance public park facilities and/or programs, and the private enterprise is a principal provider of cash and or in-kind contribution toward the enhancements.

Such Signs will refer either to the name of the donor company and/or products for sale on site. The size and content of such Signs is further limited to the following:

1.

No signage may advertise alcohol, tobacco, drugs, pharmaceuticals or firearms.

2.

Signage may only advertise products sold on-site or show the name of a private enterprise acting as a principal provider as a part of an agreement with a City agency.

3.

Signs shall generally be consistent with the limitations established for Business and Advertising Signs in Chapter 17.104, but some departure from these requirements may be considered on a case-by-case basis.

B.

The following table shall apply to certain classes of facilities that are permitted and conditionally permitted within the OS Zone. The specified facilities shall only be permitted or conditionally permitted in the types of parks indicated in the table. Permitted activities are noted with the letter "P." Uses requiring a minor conditional use permit are indicated with a star. Uses requiring a major conditional use permit are indicated with a solid circle and star [solid diamond]. In the event that no letter or symbol appears in the matrix cell, the use is not permitted.

ted or conditionally permitted in the types of parks indicated in the table. Permitted activities are noted with the letter "P." Uses requiring a minor conditional use permit are indicated with a star. Uses requiring a major conditional use permit are indicated with a solid circle and star [solid diamond]. In the event that no letter or symbol appears in the matrix cell, the use is not permitted.

• Limited to the circumstances outlined in 17.11.090A.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12899 § 4, Exh. A (part), 2008; Ord. 12350 § 3 (part), 2001: Ord. 12078 § 3 (part), 1998)

17.11.100 - Amendment of Sections 17.11.060 and 17.11.090.

Pursuant to Section 17.10.090, any activity or facility which is not expressly classified in Sections 17.11.060 and 17.11.090 shall be included in that category which most closely portrays it. In the event a use cannot be classified into an existing category, Sections 17.11.060 and 17.11.090 may be modified to establish a classification for said use, subject to the right of appeal from such determination pursuant to the administrative appeal procedure at Chapter 17.132. Any other changes to the text of the OS Zone shall be subject to the rezoning and law change procedure at Chapter 17.144.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. 12078 § 3 (part), 1998)

17.11.110 - Use permit criteria.

A conditional use permit for any use under Sections 17.11.060 or 17.11.090 may be granted only upon determination that the proposal conforms to the general use permit criteria set forth in the conditional use permit procedure at Chapter 17.134 and the no net loss provisions of Section 17.135.060.

(Ord. 12078 § 3 (part), 1998)

17.11.120 - Limitation on signs.

All signs shall be subject to the applicable limitations set forth in Chapter 17.104.

(Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12078 § 3 (part), 1998)

17.11.130 - Maximum height.

A.

General. Except as otherwise provided in Sections 17.108.020 and 17.108.030, the maximum height of buildings and other facilities shall be thirty-five (35) feet in parks classified as RCA, NP, AMP, PMP, or LP, and forty-five (45) feet in parks classified as RSP, CP, or AF. No general maximum height limit is prescribed for Special Use Parks.

B.

Height Restrictions Along More Restrictive Zone Boundary. Where the OS Zone abuts a zone with a more restrictive height limit, the maximum height of buildings and other facilities shall not exceed the maximum height of the abutting zone unless each portion above that height is set back from the minimum yard required by Section 17.11.140 a minimum horizontal distance equal to two (2) feet for each one (1) foot by which it extends above such maximum height. This requirement shall apply at the property line in the event that no minimum yard is required in the abutting district.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12078 § 3 (part), 1998)

A.

All Park Categories Except Special Use Parks. The minimum front, side, and rear yards shall be equal to the minimum yards required in the nearest adjacent zoning district. For parks abutting multiple zones, different minimum yard requirements may apply to different parts of the park.

B.

Special Use Parks. No specific yard requirements shall apply in Special Use Parks. Appropriate yards in Special Use Parks are to be determined by the Director of City Planning through the conditional use permit procedure required by Sections 17.11.060 and 17.11.090 for the specific development projects proposed in these parks.

(Ord. 12078 § 3 (part), 1998)

The following table sets forth the maximum permitted impervious surface standards, as defined in Section 17.09.050. Exceedances of the Impervious Surface limits shall require a Minor Variance, as specified in Section 17.148.020(B).

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12078 § 3 (part), 1998)

All uses shall be subject to the applicable requirements of the buffering regulations at Chapter 17.110 with respect to screening or location of parking, loading, and storage areas; control of artificial illumination; and other matters specified therein.

(Ord. 12078 § 3 (part), 1998)

17.11.170 - Other zoning provisions.

A.

Parking and Loading. Off-street parking and loading shall be provided as prescribed in the off-street parking and loading requirements at Chapter 17.116, except that reduced parking requirements may be allowed by the Director of City Planning through the conditional use permit procedure required by Sections 17.11.050, 17.11.060 and 17.11.090 for activities and facilities in either of the following instances:

1.

The project's primary service area is one-quarter mile or less; or,

2.

A portion of the project's parking demand is to be met through reciprocal agreements for shared parking on the same site or an adjacent site or sites.

In both cases, the extent of the reduction shall be determined by the Director of City Planning pursuant to Section 17.116.040.

B.

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

C.

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

D.

General Provisions. Unless otherwise indicated, the general exceptions and other regulations set forth in Chapter 17.102 shall apply in the OS Zone.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12884 § 2 (part), 2008; Ord. 12078 § 3 (part), 1998)

Chapter 17.13 - RH HILLSIDE RESIDENTIAL ZONES REGULATIONS

Sections:

A.

Title and Intent. The provisions of this Chapter shall be known as the RH Hillside Residential Zones Regulations. The intent of the Hillside Residential (RH) Zones is to create, maintain, and enhance residential areas that are primarily characterized by detached structures on hillside lots.

B.

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

1.

RH-1 Hillside Residential - 1 Zone. The intent of the RH-1 Zone is to create, maintain, and enhance areas for single-family living on lots of one acre or more, and is appropriate in portions of the Oakland Hills.

2.

RH-2 Hillside Residential - 2 Zone. The intent of the RH-2 Zone is to create, maintain, and enhance areas for single-family living on lots of at least twenty-five thousand (25,000) square feet, and is appropriate in portions of the Oakland Hills.

3.

RH-3 Hillside Residential - 3 Zone. The intent of the RH-3 Zone is to create, maintain, and enhance areas for single-family dwellings on lots of at least twelve thousand (12,000) square feet and is appropriate in portions of the Oakland Hills.

4.

RH-4 Hillside Residential - 4 Zone. The intent of the RH-4 Zone is to create, maintain, and enhance areas for single-family dwellings on lots of six thousand five hundred (6,500) to eight thousand (8,000) square feet and is typically appropriate in already developed areas of the Oakland Hills.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-22013; Ord. No. 13064, § 2(Exh. A), 3-15-2011)

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. 13064, § 2(Exh. A), 3-15-2011)

17.13.030 - Permitted and conditionally permitted activities.

Table 17.13.01 lists the permitted, conditionally permitted, and prohibited activities in the RH 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 17.13.01: Permitted and Conditionally Permitted Activities

Limitations on Table 17.13.01:

L1. See Section 17.103.010 for other regulations regarding Residential Care 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.

L2. Limited Agriculture is permitted if the activity occupies less than twenty thousand (20,000) square feet of land area and any on-site sales occur no more than two (2) times per week between the hours of 8:00 a.m. and 9:00 p.m. in a temporary movable structure not exceeding two hundred (200) square feet in size; conditionally permitted if the activity is larger in either land area, or in sales area, frequency, or hours of operation (see Chapter 17.134 for the CUP procedure).

L3. Extensive Agriculture is only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure). In addition to the criteria contained in Section 17.134.050, this activity must meet the following use permit criteria:

1. 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.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13270, § 3(Exh. A), 1118-2014; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011)

17.13.040 - Permitted and conditionally permitted facilities.

Table 17.13.02 lists the permitted, conditionally permitted, and prohibited facilities in the RH Zones. The descriptions of these facilities are contained in Chapter 17.10. 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 17.13.02: Permitted and Conditionally Permitted Facilities

Limitations on Table 17.13.01:

L1. See Section 17.103.080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units. Also, see Table 17.13.03, Property Development Standards, for additional regulations in the RH-4 Zone.

L2. Monopole Telecommunications Facilities are only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure). In addition to the CUP criteria contained in Section 17.134.050, the proposal must meet the following use permit criterion:

a. There is no existing structure that can accommodate the proposed antenna. To meet this criterion, the applicant must provide a site alternative plan that demonstrates that there is no existing structure that can accommodate the antenna.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-22013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 13666, § 3(Exh. A), 11-16-2021; Ord. No. 13677, § 4(Exh. A), 1-18-2022)

17.13.050 - Property development standards.

A.

Zone Specific Standards. Table 17.13.03 below prescribes development standards specific to individual zones. The number designations in the "Additional Regulations" column refer to the regulations listed at the end of the Table. "—" indicates that a standard is not required in the specified zone.

Table 17.13.03: Property Development Standards

Additional Regulations for Table 17.13.03:

1. See Sections 17.106.010 and 17.106.020 for exceptions to lot area, width mean and street frontage regulations. In the RH-3 Zone, the minimum average lot width of all lots within a subdivision shall be ninety (90) feet, and the minimum lot width of any individual lot within such subdivision shall be seventy-five (75) feet.

2. In the RH-4 Zone, for Subdivision Maps of four (4) or fewer lots where each lot created has a buildable area slope of less than or equal to twenty percent (20%), the minimum lot size is six thousand five hundred (6,500) square feet. For Subdivision Maps where any one lot buildable area slope is greater than twenty percent (20%) or for Subdivision Maps of five (5) or more lots, the minimum lot size is increased to eight thousand (8,000) square feet.

a. In order to determine buildable area slope of a subdivision, each lot shown on the Subdivision Map shall indicate the buildable area in dashed lines. The buildable area slope is measured at the steepest point between the front and rear setbacks (not included within the side setbacks).

3. See Subsection 16.16.170.F in the Subdivision regulations for additional regulations regarding minimum lot size. In the RH-3 Zone, the minimum average lot area of all lots within a subdivision shall be twelve thousand (12,000) square feet, and the minimum lot area of any individual lot within such subdivision shall be ten thousand (10,000) square feet.

4. See Section 17.103.080 and Chapter 17.88 for development standards applicable to permitted Accessory Dwelling Units. Also applicable are the provisions of Section 17.102.270 with respect to additional kitchens for a dwelling unit, and the provisions of Section 17.102.300 with respect to dwelling units with five (5) or more bedrooms.

5. On lots with only Residential Facilities, paved surfaces within required street-fronting yards, and any unimproved rights-of-way of adjacent streets, shall be limited to fifty percent (50%) on interior lots and thirty percent (30%) on corner lots. Exceptions: The maximum percentages of paved surfaces specified in this additional regulation may be exceeded within unimproved rights-of-way in the following cases upon issuance of a private construction of public improvements (P-job) permit or if undertaken directly by the City or by a private contractor under contract to the City:

a. Roadway construction or widening;

b. Sidewalk construction or widening; and

c. Any work pursuant to an approved final map, parcel map or final development plan pursuant to a Planned Unit Development (PUD) permit.

For purposes of this additional regulation, an unimproved right-of-way is the portion of a street or alley right-of-way that is not paved.

6. In the RH-4 Zone, if adjacent lots abutting the side lot lines of the subject lot both contain principle Residential Facilities that have front setbacks with a depth of less than twenty (20) feet, the minimum front setback shall be reduced for buildings and other structures on the subject lot up to a line parallel to the front lot line and extended from the most forward projection of the principle Residential Facility on the adjacent lots having the deeper front setback depth, provided such projection is enclosed, has a wall height of at least eight (8) feet, and has a width of at least five (5) feet. In the case of a corner lot or lot that has one or more vacant parcels next to it, this same principle shall apply if the nearest non-vacant lots to each side of the corner lot, or to each side of a lot that has one or more vacant parcels next to it, have less than a twenty (20) foot front setback (see Illustration for Table 17.13.03, [Additional Regulation 6], below). Also, see Section 17.108.130 for allowed projections into setbacks.

Illustration for Table 17.13.03 [Additional Regulation 6] *for illustration purposes only

==> picture [359 x 192] intentionally omitted <==

7. The minimum front setback depth required by the applicable individual zone shall be reduced to five (5) feet on any lot with a street-to-setback gradient that exceeds twenty percent (20%), provided, however, that the distance from the edge of the pavement to a garage or carport elevation containing one or more vehicular entries shall be at least eighteen (18) feet (see Illustration for Table 17.13.03, [Additional Regulation 7], below). See Section 17.108.130 for allowed projections into setbacks.

Illustration for Table 17.13.03 [Additional Regulation 7] *for illustration purposes only

==> picture [387 x 217] intentionally omitted <==

8. See Section 17.108.080 for the required interior side and rear setbacks on a lot containing two (2) or more living units and opposite a legally-required living room window.

9. The minimum interior side setback for all lots with a footprint slope that exceeds twenty percent (20%) is the greater of the two (2) listed setbacks - in the RH-1 and RH-2 Zones: either six (6) feet or fifteen percent (15%) of the lot width mean, whichever is greater; in the RH-3 Zone: either six (6) feet or ten percent (10%) of the lot width mean, whichever is greater; and in the RH-4 Zone: either five (5) feet or ten percent (10%) of the lot width mean, whichever is greater. Also, see Section 17.108.130 for allowed projections into setbacks.

10. In all RH Zones, on every corner lot which abuts to the rear a key lot which is in a Residential Zone, there shall be provided on the street side of such corner lot a side setback with a minimum width equal to one-half (½) of the minimum front setback depth required on the key lot and no less than the minimum side setback width required along an interior side lot line of the corner lot. However, such side setback shall only apply to the rear twenty (20) feet of the corner lot, and not be required to exceed five (5) feet in width if it would reduce to less than twenty-five (25) feet the buildable width of any corner lot. Such setback shall be provided unobstructed except for the accessory structures or the other facilities allowed therein by Section 17.108.130 (see Illustration for Table 17.13.03. [Additional Regulation 10], below). See also Subsection 17.110.040.C for special controls on location of detached accessory buildings on such corner lots and Section 17.108.130 for allowed projections into setbacks.

Illustration for Table 17.13.03 [Additional Regulation 10] *for illustration purposes only

==> picture [257 x 277] intentionally omitted <==

11. 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 depth actually on the lot itself shall not be reduced to less than ten (10) feet. Also, see Section 17.108.130 for allowed projections into setbacks.

12. For lots which abut an adjoining rear setback, the minimum rear setback depth shall be increased by an additional one-half (½) foot of rear setback depth for each additional one (1) foot of lot depth over one hundred (100) feet, up to a maximum rear setback depth of forty (40) feet.

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

14. In all RH Zones, if at least sixty percent (60%) of the buildings in the immediate context are no more than one (1) story in height, the maximum wall height shall be fifteen (15) feet within the front twelve (12)

feet of buildable area. The immediate context shall consist of the five (5) closest lots on each side of the project site plus the ten (10) closest lots on the opposite side of the street; however, the Director of City Planning may make an alternative determination of immediate context based on specific site conditions. Such determination shall be in writing and included as part of any approval of any variance, conditional use permit, design review, determination of exemption from design review, or other special zoning approval or, if no special zoning approval is required, part of any Planning Department approval of a building permit application.

15. See applicable design review criteria for more specific bulk standards.

16. Off-street parking and loading shall be provided as prescribed in the off-street parking and loading requirements in Chapter 17.116. Bicycle parking shall be provided as prescribed in the bicycle parking regulations in Chapter 17.117. Additional parking standards apply within the S-11 Zone, as prescribed in Chapter 17.92.

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

18. A second primary unit may only be granted in the RH-4 Zone upon determination that:

i)

The project is not located within the S-9 Fire Safety Protection Combining Zone; and

ii)

The minimum pavement width along the entire length of the adjoining street is at least twenty-six (26) feet, and all streets connecting the lot to the nearest arterial street (as designated by the City of Oakland General Plan Land Use and Transportation Element) have a minimum pavement width of at least twenty-six (26) feet.

B.

Floor Area Ratio (FAR) and Lot Coverage. Table 17.13.04 below prescribes FAR and lot coverage standards associated with lot sizes. The numbers in the "Additional Regulations" column refer to the regulations listed at the end of the Table.

Table 17.13.04 Floor Area Ratio (FAR) and Lot Coverage

Additional Regulations for Table 17.13.04:

1. Lots with less than five thousand (5,000) square feet in area may have a dwelling with at least two thousand (2,000) square feet, regardless of FAR listed.

2. Lots with less than five thousand (5,000) square feet in area may have a lot coverage of up to two thousand (2,000) square feet regardless of lot coverage percentage (%) listed.

C.

Height. Table 17.13.05 below prescribes height standards associated with different sloped lots. The numbers in the "Additional Regulations" column refer to the regulations listed at the end of the Table. "N/A" designates the regulation is not applicable to the specified footprint slope category.

Table 17.13.05 Height Regulations for all Lots with a Footprint Slope of >20%

Additional Regulations for Table 17.13.05:

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. On a downslope lot greater than forty percent (40%) footprint slope, the rear wall of an attached garage or carport may exceed the wall height and roof height by five (5) feet, but may not exceed eighteen (18) feet above ground elevation at edge of pavement, if the garage or carport conforms with all of the following criteria:

a. Maximum width is twenty-two (22) feet and maximum depth is twenty (20) feet; and

b. Garage or carport floor is at the same level as the edge of the street pavement resulting from the project at the center point of the driveway entrance or is at a lower level; and

c. Maximum height above the garage or carport floor is ten (10) feet for walls to the top of the plate or flat roof and twelve (12) feet for pitched roofs.

See Illustration for Table 17.13.05 [Additional Regulation 2], below.

3. The building height is measured from finished or existing grade, whichever is lower.

Illustration for Table 17.13.05 [Additional Regulation 2]

*for illustration purposes only

==> picture [404 x 277] intentionally omitted <==

==> picture [392 x 241] intentionally omitted <==

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13677, § 4(Exh. A), 1-18-2022; Ord. No. 13666, § 3(Exh. A), 1116-2021; Ord. No. 13518, § 4(Exh. A), 2-5-2019; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13090, § 4(Exh. A), 10-4-2011; Ord. No. 13064, § 2(Exh. A), 3-15-2011)

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 RH 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. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 13677, § 4(Exh. A), 1-18-2022)

Editor's note— Ord. No. 13172, § 3(Exh. A), adopted July 2, 2013, changed the title of Section 17.13.060 from "Special regulations for mini-lot and planned unit developments" to "Special regulations for planned unit developments." The historical notation has been preserved for reference purposes.

A.

Home Occupations. Home occupations shall be subject to the applicable provisions of the home occupation regulations in Chapter 17.112.

B.

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

C.

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 RH Zones.

D.

Recycling Space Allocation Requirements. The regulations set forth in Chapter 17.118 shall apply in RH Zones.

E.

Landscaping and Screening Standards. The landscaping and screening regulations set forth in Chapter 17.124 shall apply in the RH 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.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011)

Chapter 17.15 - RD DETACHED UNIT RESIDENTIAL ZONE REGULATIONS

Sections:

17.15.010 - Title, intent, and description.

Title and Intent. The provisions of this Chapter shall be known as the RD Detached Unit Residential Zone Regulations. The intent of the Detached Unit Residential (RD) Zone is to create, maintain, and enhance residential areas primarily characterized by a mix of single-unit structures, small multi-unit buildings, and neighborhood businesses where appropriate.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-22013; Ord. No. 13064, § 2(Exh. A), 3-15-2011)

17.15.020 - 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. 13064, § 2(Exh. A), 3-15-2011)

17.15.030 - Permitted and conditionally permitted activities.

Table 17.15.01 lists the permitted, conditionally permitted, and prohibited activities in the RD 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 17.15.01: Permitted and Conditionally Permitted Activities

Limitations on Table 17.15.01:

L1. 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.

L2. These activities may only be located in an existing Nonresidential Facility that was both built prior to April 14, 2011. For the purposes of this limitation, a facility is considered existing if it received its certificate of occupancy or passed its final building inspection on its building permit. Also, these activities may only operate within the hours of 7:00 a.m. and 10:00 p.m.

L3. The overall outside dimensions of an existing Nonresidential Facility built prior to April 14, 2011 devoted to this activity shall not be increased; and no open parking, loading, or production serving such activity shall be increased in size. For the purposes of this limitation, a facility is considered existing if it received its certificate of occupancy or passed its final building inspection on its building permit. This regulation supersedes the applicable provisions in Chapter 17.114.

L4. In the case of an existing, nonconforming Alcoholic Beverage Sales Activity, the total floor area, open areas, or outside building dimensions occupied by the establishment shall not be increased. This regulation supersedes the Nonconforming Activity Section 17.114.080(A)1.

L5. These activities may only be located in an existing Nonresidential Facility that was built prior to April 14, 2011. For the purposes of this limitation, a facility is considered existing if it received its certificate of occupancy or passed its final building inspection on its building permit. Also, these activities may only operate within the hours of 7:00 a.m. and 10:00 p.m.; a Conditional Use Permit (CUP) is required if the total floor area devoted to these activities on any single lot exceeds one thousand five hundred (1,500) square feet (see Chapter 17.134 for the CUP procedure).

L6. Limited Agriculture is permitted if the activity occupies less than twenty thousand (20,000) square feet of land area and any on-site sales occur no more than two (2) times per week between the hours of 8:00 a.m. and 9:00 p.m. in a temporary movable structure not exceeding two hundred (200) square feet in size; conditionally permitted if the activity is larger in either land area, or in sales area, frequency, or hours of operation (see Chapter 17.134 for the CUP procedure).

L7. Extensive Agriculture is only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure). In addition to the criteria contained in Section 17.134.050, this activity must meet the following use permit criteria:

1. 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.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13270, § 3(Exh. A), 1118-2014; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13090, § 4(Exh. A), 10-4-2011; Ord. No. 13064, § 2(Exh. A), 3-15-2011)

17.15.040 - Permitted and conditionally permitted facilities.

Table 17.15.02 lists the permitted, conditionally permitted, and prohibited facilities in the RD Zones. 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 17.15.02: Permitted and Conditionally Permitted Facilities

Limitations on Table 17.15.02:

L1. See Section 17.103.080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units. Also, see Table 17.15.03, Property Development Standards, for additional regulations on the conditionally permitted density in the RD-2 Zone.

L2. Sidewalk cafes are allowed only as an accessory facility to an approved Full Service Restaurant or Limited Service Restaurant and Cafe. The sidewalk cafe may only operate within the hours of 7:00 a.m. to 10:00 p.m. See Section 17.103.090 for other regulations regarding Sidewalk Cafes.

L3. Business Signs are only allowed on existing Nonresidential Facilities built prior to April 14, 2011; otherwise, Chapter 17.104 applies. For the purposes of this limitation, a facility is considered existing if it received its certificate of occupancy or passed its final building inspection on its building permit. Also, the maximum aggregate area of display surface of all Business, Civic, and Residential Signs on any one lot shall be 0.5 square foot for each one foot of lot frontage in the case of an interior lot, or 0.25 square feet for each one foot of lot frontage in the case of a corner lot. The aggregate shall include only one face of a double-faced sign. The total amount of aggregate sign area shall not exceed one hundred (100) square feet

on any one property. See Chapter 17.104 for other regulations regarding Business Signs; however, the regulations in this Section supersede any contradicting regulations in Chapter 17.104.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-22013; Ord. No. 13090, § 4(Exh. A), 10-4-2011; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 13666, § 3(Exh. A), 11-16-2021; Ord. No. 13677, § 4(Exh. A), 1-18-2022)

17.15.050 - Property development standards.

A.

Zone Specific Standards. Table 17.15.03 below prescribes development standards specific to individual zones. The number designations in the "Additional Regulations" column refer to the regulations listed at the end of the Table. "N/A" indicates that a standard is not applicable in the specified zone.

Table 17.15.03: Property Development Standards

Minimum Setbacks for lots Equal to or Greater than 3,000 Square Feet in Size

Additional Regulations for Table 17.15.03:

1. See Sections 17.106.010 and 17.106.020 for exceptions to lot development standard regulations.

2. See Subsection 16.16.170.F in the Subdivision regulations for additional regulations regarding minimum lot area.

3. 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.

4. See Section 17.103.080 and Chapter 17.88 for development standards applicable to permitted Accessory Dwelling Units.

5. In the RD Zone, proposals requiring Regular Design Review approval may only be granted 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 design review criteria:

a. That the site design and landscaping and the scale, height, length and width, bulk, coverage, and exterior treatment of structures are in harmony with facilities on nearby lots;

b. That the design and site planning of the buildings, open areas, parking and service areas, and other facilities provide a convenient, attractive, and functional living environment; and that paths, stairways, accessways, and corridors are designed to ensure privacy.

6. If adjacent lots abutting the side lot lines of the subject lot both contain principal Residential Facilities that have front setbacks with a depth of less than the minimum required in this Chapter, the minimum front setback shall be reduced for buildings and other structures on the subject lot up to a line parallel to the front lot line and extended from the most forward projection of the principal Residential Facility on the adjacent lots having the deeper front setback depth. In the case of a corner lot, or lot that has one or more

vacant parcels next to it, this same principal shall apply if the nearest non-vacant lots to each side of a corner lot, or to each side of a lot that has one or more vacant parcels next to it, have less than the minimum required front setback in this Chapter (see Illustration for Table 17.15.03 [Additional Regulation 6], below).

Illustration for Table 17.15.03 [Additional Regulation 6]

*for illustration purposes only

==> picture [350 x 180] intentionally omitted <==

7. In the RD Zone, the minimum front setback depth otherwise required by the applicable individual zone regulations shall be reduced to five (5) feet on any lot with a street-to-setback gradient that exceeds twenty percent (20%), provided, however, that the distance from garage or carport elevation containing one or more vehicular entries to the edge of the street or sidewalk pavement, whichever is closer, shall be at least eighteen (18) feet (see Illustration for Table 17.15.03 [Additional Regulation 7], below. See Section 17.108.130 for allowed projections into setbacks.

Illustration for Table 17.15.03 [Additional Regulation 7] *for illustration purposes only

==> picture [303 x 181] intentionally omitted <==

8. On lots with only Residential Facilities, paved surfaces within required street-fronting yards, and any unimproved rights-of-way of adjacent streets, shall be limited to fifty percent (50%) on interior lots and thirty percent (30%) on corner lots. Exceptions: The maximum percentages of paved surfaces specified in this additional regulation may be exceeded within unimproved rights-of-way in the following cases upon issuance of a private construction of public improvements (P-job) permit or if undertaken directly by the City or by a private contractor under contract to the City:

a. Roadway construction or widening;

b. Sidewalk construction or widening; and

c. Any work pursuant to an approved final map, parcel map or final development plan pursuant to a Planned Unit Development (PUD) permit.

For purposes of this additional regulation, an unimproved right-of-way is the portion of a street or alley right-of-way that is not paved.

9. See Table 17.15.04 for reduced setbacks for smaller lots. See Section 17.108.130 for allowed projections into setbacks.

10. See Section 17.108.080 for the required interior side and rear setback on a lot containing two (2) or more living units and opposite a legally-required living room window.

11. In the RD Zone, on every corner lot which abuts to the rear a key lot which is in a Residential Zone, there shall be provided on the street side of such corner lot a side setback with a minimum width equal to one-half (½) of the minimum front setback depth required on the key lot and no less than the minimum side setback width required along an interior side lot line of the corner lot. However, such side setback shall only apply to the rear ten (10) feet of the corner lot, and not be required to exceed four (4) feet in width if it would reduce to less than twenty-five (25) feet the buildable width of any corner lot. Such setback shall be provided unobstructed except for the accessory structures or the other facilities allowed therein by Section 17.108.130 (see Illustration for Table 17.15.03 [Additional Regulation 12], below). See also Subsection 17.110.040.C for special controls on location of detached accessory buildings on such corner lots.

Illustration for Table 17.15.03 [Additional Regulation 12] *for illustration purposes only

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12. 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 depth actually on the lot itself shall not be so reduced to less than ten (10) feet. Also, see Section 17.108.130 for allowed projections into setbacks.

13. In the RD Zone, for lots which abut an adjoining rear setback, the minimum rear setback depth shall be increased by an additional one-half (½) foot of rear setback depth for each additional one (1) foot of lot depth over one hundred (100) feet, up to a maximum rear setback depth of twenty (20) feet.

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

15. See applicable design review criteria for more specific bulk standards.

16. Off-street parking and loading shall be provided as prescribed in the off-street parking and loading requirements in Chapter 17.116. Bicycle parking shall be provided as prescribed in the bicycle parking regulations in Chapter 17.117. Also, additional parking standards apply within the S-11 and S-12 Zones, as prescribed in Chapter 17.92 and Chapter 17.94.

17. Usable open space is only required on lots with two (2) or more primary living 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, except that actual group space shall be provided in the minimum amount specified in the table per dwelling unit, excluding any permitted Accessory Dwelling Units. All usable open space shall meet the standards contained in Chapter 17.126.

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

19. Maximum Lot Coverage and maximum Floor Area Ratio (FAR) only apply to lots with one to two dwelling units, excluding any permitted Accessory Dwelling Units. See Table 17.15.05 for applicable

regulations.

20. Except as stated below in this limitation, the minimum front setback shall be reduced to five (5) feet for the following facilities:

• a. New principal buildings that include ground floor Commercial Facilities; and

b. New Commercial Facilities located to the front of a Potential Designated Historic Property (PDHP) or Designated Historic Property (DHP), but only if the height of the new Commercial Facility in the area between the front property line and the front building elevation of the existing historic structure does not exceed fifteen (15) feet.

No front or side setback is required for existing Commercial Facilities. Also, no front yard setback is required for new Commercial Facilities if there is an existing context within the adjoining block face of no front yard setback. For the purposes of this limitation, an "existing context" of no front yard setback means that at least fifty percent (50%) of the existing buildings from street corner to street corner on the same side of the street have no front yard setback.

21. For developments involving the creation of new units on two or more adjoining parcels under the same ownership, there is no minimum interior side setback required between those new units.

B.

Reduced Setbacks for Smaller Lots. Table 17.15.04 below prescribes reduced setback standards for lots less than three thousand (3,000) square feet in size. The number designations in the "Additional Regulations" column refer to the regulations listed at the end of the Table.

Table 17.15.04 Reduced Setbacks for Lots Less than 3,000 Square Feet

Additional Regulations for Table 17.15.04:

1. See Section 17.108.130 for allowed projections into setbacks.

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

3. See Section 17.106.010 for exceptions to lot development standard regulations.

4. For developments involving the creation of new units on two (2) or more adjoining parcels under the same ownership, there is no minimum interior side setback required between those new units.

C.

Maximum Floor Area Ratio (FAR) and Lot Coverage for One and Two Dwelling Units Only. Table 17.15.05 below prescribes FAR and lot coverage standards for lots of varying sizes with one and two dwelling units, excluding any permitted Accessory Dwelling Units. The numbers in the "Additional Regulations" column refer to the regulations listed at the end of the Table.

Table 17.15.05 Maximum Floor Area Ratio (FAR) and Lot Coverage for One- and Two-Dwelling Units Only

Additional Regulations for Table 17.15.05:

1. Maximum Floor Area Ratio (FAR) only applies to lots that have a footprint slope of greater than twenty percent (20%). Lots less than four thousand (4,000) square feet may have a minimum of two thousand (2,000) square feet of floor area, regardless of FAR listed.

2. Lots less than four thousand (4,000) square feet may have a lot coverage of up to two thousand (2,000) square feet regardless of lot coverage percentage (%) listed.

D.

Height. Table 17.15.06 below prescribes height standards associated with different sloped lots. 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 footprint slope category.

Table 17.15.06 Height Regulations for all Lots with a Footprint Slope of >20%

Additional Regulations for Table 17.15.06:

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. On a downslope lot greater than forty percent (40%) footprint slope, the rear wall of an attached garage or carport may exceed the wall height and roof height by five (5) feet, but may not exceed eighteen (18) feet above ground elevation at edge of pavement, if the garage or carport conforms with all of the following criteria:

a. Maximum width is twenty-two (22) feet and maximum depth is twenty (20) feet; and

b. Garage or carport floor is at the same level as the edge of the street pavement resulting from the project at the center point of the driveway entrance or is at a lower level; and

c. Maximum height above the garage or carport floor is ten (10) feet for walls to the top of the plate or flat roof and twelve (12) feet for pitched roofs (see Illustration for Table 17.15.06 [Additional Regulation 2], below).

3. The building height is measured from finished or existing grade, whichever is lower.

Illustration for Table 17.15.06 [Additional Regulation 2] *for illustration purposes only

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==> picture [329 x 180] intentionally omitted <==

(Ord. No. 13805, § 2(Exh. A), 7-16-2024; 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. 13518, § 4(Exh. A), 2-5-2019; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011)

17.15.060 - 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 RD 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. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011)

Editor's note— Ord. No. 13677, § 4(Exh. A), adopted Jan. 18, 2022, amended the title of § 17.15.060 to read as herein set out. The former § 17.15.060 title pertained to special regulations for Mini-Lot and Planned Unit Developments.

17.15.070 - Other zoning provisions.

A.

Home Occupations. Home occupations shall be subject to the applicable provisions of the home occupation regulations in Chapter 17.112.

B.

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

C.

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 RD Zone.

D.

Recycling Space Allocation Requirements. The regulations set forth in Chapter 17.118 shall apply in RD Zone.

E.

Landscaping and Screening Standards. The landscaping and screening regulations set forth in Chapter 17.124 shall apply in the RD Zone.

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.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-22013; Ord. No. 13064, § 2(Exh. A), 3-15-2011)

Chapter 17.17 - RM MIXED HOUSING TYPE RESIDENTIAL ZONES REGULATIONS

Sections:

17.17.010 - Title, intent, and description.

A.

Title and Intent. The provisions of this Chapter shall be known as the RM Mixed Housing Type Residential Zones Regulations. The intent of the Mixed Housing Type Residential (RM) Zones is to create, maintain, and enhance residential areas typically located near the City's major arterials and characterized by a mix of single-family homes, townhouses, small multi-unit buildings, and neighborhood businesses where appropriate.

B.

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

1.

RM-1 Mixed Housing Type Residential - 1 Zone. The intent of the RM-1 Zone is to create, maintain, and enhance residential areas characterized by a mix of single family homes and duplexes, and neighborhood businesses where appropriate.

2.

RM-2 Mixed Housing Type Residential - 2 Zone. The intent of the RM-2 Zone is to create, maintain, and enhance residential areas characterized by a mix of single family homes, duplexes, townhouses, small multi-unit buildings, and neighborhood businesses where appropriate.

3.

RM-3 Mixed Housing Type Residential - 3 Zone. The intent of the RM-3 Zone is to create, maintain, and enhance residential areas characterized by a mix of single family homes, duplexes, townhouses, small multi-unit buildings at somewhat higher densities than in RM-2, and neighborhood businesses where appropriate.

4.

RM-4 Mixed Housing Type Residential - 4 Zone. The intent of the RM-4 Zone is to create, maintain, and enhance residential areas typically located on or near the City's major arterials and characterized by a mix of single family homes, townhouses, small multi-unit buildings at somewhat higher densities than RM-3, and neighborhood businesses where appropriate.

C.

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

1.

C Residential Commercial Combining Zone. The intent of the C Combining Zone is to allow for expanded commercial uses, as well as new commercial uses within certain areas of the Mixed Housing Type Residential (RM) Zones. When an above primary zone is combined with the C Combining Zone, the C Residential Commercial Combining Zone permitted uses supersede those of the primary zone.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3- 15-2011)

17.17.020 - 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. 13064, § 2(Exh. A), 3-15-2011)

17.17.030 - Permitted and conditionally permitted activities.

Table 17.17.01 lists the permitted, conditionally permitted, and prohibited activities in the RM 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 17.17.01: Permitted and Conditionally Permitted Activities

Limitations on Table 17.17.01:

• If an RM Base Zone (RM-1, RM-2, RM-3, or RM-4) also has the C Combining Zone, the C regulations supersede the Base Zone.

L1. 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.

L2. Emergency Shelters are permitted by-right on properties owned by churches, temples, synagogues, and other similar places of worship approved for Community Assembly Civic Activities; and within that portion of the Martin Luther King Jr. Way corridor described in Section 17.103.015(A)(1) and subject to the development standards in Section 17.103.015(B); prohibited elsewhere in the zone.

L3. These activities may only be located in an existing Nonresidential Facility that was built prior to April 14, 2011. For the purposes of this limitation, a facility is considered existing if it received its certificate of occupancy or passed its final building inspection on its building permit. Also, these activities may only operate within the hours of 7:00 a.m. and 10:00 p.m. Notwithstanding anything to the contrary contained in the Planning Code, General Food Sales, Full Service Restaurants, Limited Service Restaurants and Cafes, and General Retail Sales are permitted, and therefore do not require a Conditional Use Permit (CUP), if the total floor area is six hundred (600) square feet or less in a food desert as defined in Section 17.09.040.

L4. The overall outside dimensions of an existing Nonresidential Facility built prior to April 14, 2011 devoted to this activity shall not be increased; and no open parking, loading, or production serving such activity shall be increased in size. For the purposes of this limitation, a facility is considered existing if it received its certificate of occupancy or passed its final building inspection on its building permit. This regulation supersedes the applicable provisions in Chapter 17.114.

L5. These activities may only be located in an existing Nonresidential Facility that was built prior to April 14, 2011 or on the ground floor of a new Nonresidential Facility, and may only operate within the hours of 7:00 a.m. and 10:00 p.m.; a Conditional Use Permit (CUP) is required if the total floor area devoted to these activities on any single lot exceeds three thousand (3,000) square feet (see Chapter 17.134 for the CUP procedure). For the purposes of this limitation, a facility is considered existing if it received its certificate of occupancy or passed its final building inspection on its building permit.

L6. In the case of an existing, nonconforming Alcoholic Beverage Sales Activity, the total floor area, open areas, or outside building dimensions occupied by the establishment shall not be increased. This regulation supersedes the Nonconforming Activity [in] Subsection 17.114.080.A.1.

L7. These activities may only be located in an existing Nonresidential Facility that was built prior to April 14, 2011 or on the ground floor of a new Nonresidential Facility, and the activity may only operate within the hours of 7:00 a.m. and 10:00 p.m. For the purposes of this limitation, a facility is considered existing if it received its certificate of occupancy or passed its final building inspection on its building permit.

L8. Adult Entertainment Activities are prohibited.

L9. These activities may only be located in an existing Nonresidential Facility that was built prior to April 15, 2011. For the purposes of this limitation, a facility is considered existing if it received its certificate of occupancy or passed its final building inspection on its building permit. Also, these activities may only operate within the hours of 7:00 a.m. and 10:00 p.m.; a Conditional Use Permit (CUP) is required if the total floor area devoted to these activities on any single lot exceeds one thousand five hundred (1,500) square feet (see Chapter 17.134 for the CUP procedure).

L10. Limited Agriculture is permitted if the activity occupies less than twenty thousand (20,000) square feet of land area and any on-site sales occur no more than two (2) times per week between the hours of 8:00 am and 9:00 pm in a temporary movable structure not exceeding two hundred (200) square feet in size; conditionally permitted if the activity is larger in either land area, or in sales area, frequency, or hours of operation (see Chapter 17.134 for the CUP procedure).

L11. Extensive Agriculture is only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure). In addition to the criteria contained in Section 17.134.050, this activity must meet the following use permit criteria:

a. The proposal will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood in terms of noise, water and pesticide runoff, farming equipment operation, hours of operation, odor, security, and vehicular traffic.

L12. Notwithstanding anything to the contrary contained in the Planning Code, a Major Conditional Use Permit is required if these activities are to be located in the residentially zoned areas between 53rd Street, 55th Street, Martin Luther King Jr. Way, and Highway 24 (see Chapter 17.134 for the CUP procedure).

(Ord. No. 13763, § 5, 10-3-2024; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13270, § 3(Exh. A), 1118-2014; Ord. No. 13248, § 3(Exh. A), 7-15-2014; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13090, § 4(Exh. A), 10-4-2011; Ord. No. 13064, § 2(Exh. A), 3-15-2011)

17.17.040 - Permitted and conditionally permitted facilities.

Table 17.17.02 lists the permitted, conditionally permitted, and prohibited facilities in the RM Zones. The descriptions of these facilities are contained in Chapter 17.10. Section 17.10.040 contains permitted accessory activities.

"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 17.17.02: Permitted and Conditionally Permitted Facilities

Limitations on Table 17.17.02:

• If an RM Base Zone (RM-1, RM-2, RM-3, or RM-4) also has the C Combining Zone, the C regulations supersede the Base Zone.

L1. See Section 17.103.080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units. Also, see Table 17.17.03, Property Development Standards, for additional regulations on density.

L2. Sidewalk cafes are allowed only as an accessory facility to an approved Full Service Restaurant or Limited Service Restaurant and Cafe. The sidewalk cafe may only operate within the hours of 7:00 a.m. to 10:00 p.m. See Section 17.103.090 for other regulations regarding Sidewalk Cafes; however, the regulations in this Section supersede any contradicting regulations in Section 17.103.090.

L3. For RM Zones without the C Combining Zone, Business Signs are only allowed on existing Nonresidential Facilities built prior to April 14, 2011; otherwise Chapter 17.104 applies. For the purposes of this limitation, a facility is considered existing if it received its certificate of occupancy or passed its final building inspection on its building permit. Also, the maximum aggregate area of display surface of all

hout the C Combining Zone, Business Signs are only allowed on existing Nonresidential Facilities built prior to April 14, 2011; otherwise Chapter 17.104 applies. For the purposes of this limitation, a facility is considered existing if it received its certificate of occupancy or passed its final building inspection on its building permit. Also, the maximum aggregate area of display surface of all

Business, Civic, and Residential Signs on any one lot shall be 0.5 square foot for each one foot of lot frontage in the case of an interior lot, or 0.25 square feet for each one foot of lot frontage in the case of a corner lot. The aggregate shall include only one face of a double-faced sign. The total amount of aggregate sign area shall not exceed one hundred (100) square feet on any one property. See Chapter 17.104 for other regulations regarding Business Signs; however, the regulations in this Section supersede any contradicting regulations in Chapter 17.104.

L4. Business Signs are allowed in the C Combining Zone on existing or new Nonresidential Facilities. The maximum aggregate area of display surface of all Business, Civic, and Residential Signs on any one lot shall be one square foot for each one foot of lot frontage in the case of an interior lot, or 0.5 square feet for each one foot of lot frontage in the case of a corner lot. The aggregate shall include only one face of a double-faced sign. The total amount of aggregate sign area shall not exceed one hundred (100) square feet on any one property. See Chapter 17.104 for other regulations regarding Business Signs; however, the regulations in this Section supersede any contradicting regulations in Chapter 17.104.

L5. For RM Zones with the C Combining Zone, no Conditional Use Permit (CUP) is required for Open Nonresidential Facilities to accommodate Civic Activities, Limited Agriculture, seasonal sales, or special events.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13677, § 4(Exh. A), 1-18-2022; Ord. No. 13666, § 3(Exh. A), 1116-2021; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13270, § 3(Exh. A), 11-18-2014; Ord. No. 13251, § 5(Exh. A), 7-29-2014; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13090, § 4(Exh. A), 10-4-2011; Ord. No. 13064, § 2(Exh. A), 3-15-2011; )

A.

Zone Specific Standards. Table 17.17.03 below prescribes development standards specific to individual zones. The number designations in the "Additional Regulations" column refer to the regulations listed at the end of the Table. "N/A" designates the standard is not applicable to the specified zone.

Table 17.17.03: Property Development Standards

Additional Regulations for Table 17.17.03:

1. See Sections 17.106.010 and 17.106.020 for exceptions to lot development standard regulations.

2. See Chapter 17.107 for affordable and senior housing incentives; and 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.

3. See Chapter 17.136 for the applicable design review procedure.

4. If adjacent lots abutting the side lot lines of the subject lot both contain principal Residential Facilities that have front setbacks with a depth of less than the minimum required in this Chapter, the minimum front setback shall be reduced for buildings and other structures on the subject lot up to a line parallel to the front lot line and extended from the most forward projection of the principal Residential Facility on the adjacent lots having the deeper front setback depth. In the case of a corner lot, or lot that has one or more vacant parcels next to it, this same principal shall apply if the nearest non-vacant lot to each side of a corner lots, or to each side of a lot that has one or more vacant parcels next to it, have less than the minimum front setback required in this Chapter (see Illustration for Table 17.17.03 [Additional Regulation 4], below). Also, see Section 17.108.130 for allowed projections into setbacks.

Illustration for Table 17.17.03 [Additional Regulation 4] *For illustration purposes only

==> picture [343 x 180] intentionally omitted <==

5. On lots with only Residential Facilities, paved surfaces within required street-fronting yards, and any unimproved rights-of-way of adjacent streets, shall be limited to fifty percent (50%) on interior lots and thirty percent (30%) on corner lots. Exceptions: The maximum percentages of paved surfaces specified in

this additional regulation may be exceeded within unimproved rights-of-way in the following cases upon issuance of a private construction of public improvements (P-job) permit or if undertaken directly by the City or by a private contractor under contract to the City:

a. Roadway construction or widening;

b. Sidewalk construction or widening; and

c. Any work pursuant to an approved final map, parcel map or final development plan pursuant to a Planned Unit Development (PUD) permit.

For purposes of this additional regulation, an unimproved right-of-way is the portion of a street or alley right-of-way that is not paved.

6. In all RM Zones, the minimum front setback depth otherwise required by the applicable individual zone regulations shall be reduced to five (5) feet on any lot with a street-to-setback gradient that exceeds twenty percent (20%), provided, however, that the distance from a garage or carport elevation containing one or more vehicular entries to the edge of the street or sidewalk pavement, whichever is closer, shall be at least eighteen (18) feet (see Illustration for Table 17.17.03 [Additional Regulation 6], below). See Section 17.108.130 for allowed projections into setbacks.

Illustration for Table 17.17.03 [Additional Regulation 6] *for illustration purposes only

==> picture [349 x 205] intentionally omitted <==

7. Except as stated below in this limitation, no front or side setbacks are required for the following facilities in the C Combining Zone:

• a. Existing Commercial Facilities;

• b. New principal buildings that include ground floor Commercial Facilities; and

c. New Commercial Facilities located to the front of a Potential Designated Historic Property (PDHP) or Designated Historic Property (DHP), but only if the height of the new Commercial Facility in the area between the front property line and the front building elevation of the existing historic structure does not exceed fifteen (15) feet.

A side yard of the normally required minimum width in Table 17.17.03 shall be required for new construction or addition along any side lot line abutting an interior side lot line of any lot that is not located in a C Combining Zone or Commercial Zone. (Where it abuts a rear lot line, no side yard is required). Section 17.108.080 still applies. Also, see Section 17.108.130 for allowed projections into setbacks.

8. Table 17.17.04 for general reduced setbacks for smaller lots, and Section 17.108.130 for allowed projections into setbacks.

9. See Section 17.108.080 for the required interior side and rear setbacks on a lot containing two (2) or more living units and opposite a legally-required living room window.

10. In all RM Zones, on every corner lot which abuts to the rear a key lot which is in a Residential Zone, there shall be provided on the street side of such corner lot a side setback with a minimum width equal to one-half (½) of the minimum front setback depth required on the key lot and no less than the minimum side setback width required along an interior side lot line of the corner lot. However, such side setback shall only apply to the rear ten (10) feet of the corner lot, and not be required to exceed four (4) feet in width if it would reduce to less than twenty-five (25) feet the buildable width of any corner lot. Such setback shall be

provided unobstructed except for the accessory structures or the other facilities allowed therein by Section 17.108.130. This regulation does not apply to lots within the C Combining Zone (see Illustration for Table 17.17.03 [Additional Regulation 10], below). See also Subsection 17.110.040.C for special controls on location of detached accessory buildings on such corner lots.

Illustration Table 17.17.03 [Additional Regulation 10]

*for illustration purposes only

==> picture [261 x 264] intentionally omitted <==

11. 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 depth actually on the lot itself shall not be reduced to less than ten (10) feet. Also, see Section 17.108.130 for allowed projections into setbacks.

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

13. In the RM-2 Zone, the maximum pitched roof height shall only be permitted in conjunction with a project with a pitched roof having a vertical to horizontal ratio of a minimum of four in twelve (4:12) slope.

14. Off-street parking and loading shall be provided as prescribed in the off-street parking and loading requirements in Chapter 17.116. Bicycle parking shall be provided as prescribed in the bicycle parking regulations in Chapter 17.117. Also, additional parking standards apply within the S-11 and S-12 Zones, as prescribed in Chapters 17.92 and 17.94.

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

16. Usable open space is only required on lots with two (2) or more dwelling 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, except that actual group space shall be provided in the minimum amount specified in the table per dwelling unit, excluding any permitted Accessory Dwelling Units. All usable open space shall meet the standards contained in Chapter 17.126.

17. This regulation does not apply in the C Combining Zone.

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

19. Maximum Lot Coverage and maximum Floor Area Ratio (FAR) only apply to lots with one to two dwelling units, excluding any permitted Accessory Dwelling Units. See Table 17.17.05 for applicable regulations.

20. This height is only required for new principal buildings that include ground floor Nonresidential Facilities, and is measured from the sidewalk grade to the second story floor. If the Nonresidential Facility is to be located to the front of a Potentially Designated Historic Property (PDHP) or Designated Historic Property (DHP), this height shall also be the maximum allowed for a Nonresidential Facility in the area between the front property line and the front building elevation of the existing historic structure.

21. For developments involving the creation of new units on two or more adjoining parcels under the same ownership, there is no minimum interior side setback required between those new units.

B.

Reduced Setbacks for Smaller Lots. Table 17.17.04 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 17.17.04 Reduced Setbacks for Lots Less than Three Thousand (3,000) Square Feet

Additional Regulations for Table 17.17.04:

1. Except as stated below in this limitation, no front or side setbacks are required for the following facilities in the C Combining Zone:

a. New principal buildings that include ground floor Nonresidential Facilities; and

b. New Nonresidential Commercial Facilities associated with a Potential Designated Historic Property (PDHP) or Designated Historic Property (DHP), but only if there is an existing context within the adjoining block face of no front and/or side yard setback. For the purposes of this limitation, an "existing context" of no front or side yard setback means that at least sixty percent (60%) of the existing buildings from street corner to street corner on the same side of the street have no front or side yard setback. If the Commercial Facility is to be located to the front of a PDHP or DHP, the maximum height allowed for the portion of the Commercial Facility between the sidewalk and the existing structure shall be fifteen (15) feet.

A side yard of the normally required minimum width in Table 17.17.04 shall be required for new construction or addition along any side lot line abutting an interior side lot line of any lot that is not located in a C Combining Zone or Commercial Zone. (Where it abuts a rear lot line, no yard is required). Section 17.108.080 still applies. Also, see Section 17.106.010 for exceptions to lot development standard regulations and Section 17.108.130 for allowed projections into setbacks.

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

3. See Section 17.106.010 for exceptions to lot development standard regulations.

4. For developments involving the creation of new units on two or more adjoining parcels under the same ownership, there is no minimum interior side setback required between those new units.

C.

Maximum Floor Area Ratio (FAR) and Lot Coverage for One and Two Dwelling Units Only. Table 17.17.05 below prescribes FAR and lot coverage standards for one and two dwelling units associated with the lot sizes listed, excluding any permitted Accessory Dwelling Units. The numbers in the "Additional Regulations" column refer to the regulations listed at the end of the Table.

Table 17.17.05 Maximum Floor Area Ratio (FAR) and Lot Coverage Regulations for One and Two Dwelling Units Only

Additional Regulations for Table 17.17.05:

1. Maximum Floor Area Ratio (FAR) only applies to lots that have a footprint slope of greater than twenty percent (20%). Lots less than four thousand (4,000) square feet may have a minimum of two thousand (2,000) square feet of floor area, regardless of FAR listed.

2. Regulation does not apply in the C Combining Zone.

3. Lots less than four thousand (4,000) square feet may have a lot coverage of up to two thousand (2,000) square feet regardless of lot coverage percentage (%) listed.

4. See Section 17.106.010 for exceptions to lot development standard regulations.

D.

Height. Table 17.17.06 below prescribes height standards associated with different sloped lots. The numbers in the "Additional Regulations" column refer to the regulations listed at the end of the Table. "N/A" designates the regulation is not applicable to the specified footprint slope category.

Table 17.17.06 Height Regulations for all Lots With a Footprint Slope of >20%

Additional Regulations for Table 17.17.06:

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. On a downslope lot greater than forty percent (40%) footprint slope, the rear wall of an attached garage or carport may exceed the wall height and roof height by five (5) feet, but may not exceed eighteen (18) feet above ground elevation at edge of pavement, if the garage or carport conforms with all of the following criteria:

a. Maximum width is twenty-two (22) feet and maximum depth is twenty (20) feet; and

b. Garage or carport floor is at the same level as the edge of the street pavement resulting from the project at the center point of the driveway entrance or is at a lower level; and

c. Maximum height above the garage or carport floor is ten (10) feet for walls to the top of the plate or flat roof, and twelve (12) feet for pitched roofs (see Illustration for Table 17.17.06 [Additional Regulation 2], below).

3. The building height is measured from finished or existing grade, whichever is lower.

Illustrations for Table 17.17.06 [Additional Regulation 2] *for illustration purposes only

==> picture [363 x 265] intentionally omitted <==

==> picture [332 x 180] intentionally omitted <==

(Ord. No. 13805, § 2(Exh. A), 7-16-2024; 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. 13596, § 2(Exh. A), 6-2-2020; Ord. No. 13518, § 4(Exh. A), 2-5-2019; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13251, § 5(Exh. A), 7-29-2014; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13090, § 4(Exh. A), 10-4-2011; Ord. No. 13064, § 2(Exh. A), 3- 15-2011)

6-2024; 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. 13596, § 2(Exh. A), 6-2-2020; Ord. No. 13518, § 4(Exh. A), 2-5-2019; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13251, § 5(Exh. A), 7-29-2014; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13090, § 4(Exh. A), 10-4-2011; Ord. No. 13064, § 2(Exh. A), 3- 15-2011)

17.17.060 - 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 RM 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. 13779, § 2(Exh. A), 1-16-2024; Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2- 16-2016; Ord. No. 13251, § 5(Exh. A), 7-29-2014; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 13677, § 4(Exh. A), 1-18-2022)

Editor's note— Ord. No. 13677, § 4(Exh. A), adopted Jan. 18, 2022, amended the title of § 17.17.060 to read as herein set out. The former § 17.17.060 title pertained to special regulations for Mini-Lot and Planned Unit Developments.

17.17.070 - Other zoning provisions.

A.

Home Occupations. Home occupations shall be subject to the applicable provisions of the home occupation regulations in Chapter 17.112. See Section 17.112.060 for home occupation regulations specific to the West Oakland Specific Plan Area.

B.

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

C.

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 RM Zones.

D.

Recycling Space Allocation Requirements. The regulations set forth in Chapter 17.118 shall apply in RM Zones.

E.

Landscaping and Screening Standards. The landscaping and screening regulations set forth in Chapter 17.124 shall apply in the RM 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.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13251, § 5(Exh. A), 7-29-2014; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011)

Chapter 17.19 - RU URBAN RESIDENTIAL ZONES REGULATIONS

Sections:

A.

Title and Intent. The provisions of this Chapter shall be known as the RU Urban Residential Zone Regulations. The intent of the Urban Residential (RU) Zones is to create, maintain, and enhance areas of the City that are appropriate for multi-unit, mid-rise or high-rise residential structures in locations with good access to transportation and other services.

B.

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

1.

RU-1 Urban Residential - 1 Zone. The intent of the RU-1 Zone is to create, maintain, and enhance areas of the City that are appropriate for multi-unit, low-rise residential structures and neighborhood businesses where appropriate in locations with good access to transportation and other services.

2.

RU-2 Urban Residential - 2 Zone. The intent of the RU-2 Zone is to create, maintain, and enhance areas of the City that are appropriate for multi-unit, low-rise or mid-rise residential structures and neighborhood businesses where appropriate in locations with good access to transportation and other services.

3.

RU-3 Urban Residential - 3 Zone. The intent of the RU-3 Zone is to create, maintain, and enhance areas of the City that are appropriate for multi-unit, low-rise or mid-rise residential structures at somewhat higher densities than RU-2, and neighborhood businesses where appropriate in locations with good access to transportation and other services.

4.

RU-4 Urban Residential - 4 Zone. The intent of the RU-4 Zone is to create, maintain, and enhance areas of the City that are appropriate for multi-unit, mid-rise, and high rise residential structures on the City's major corridors.

5.

RU-5 Urban Residential - 5 Zone. The intent of the RU-5 Zone is to create, maintain, and enhance areas of the City that are appropriate for multi-unit, mid-rise, and high rise residential structures and ground floor neighborhood businesses on the City's major corridors.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3- 15-2011)

17.19.020 - 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. 13064, § 2(Exh. A), 3-15-2011)

17.19.030 - Permitted and conditionally permitted activities.

Table 17.19.01 lists the permitted, conditionally permitted, and prohibited activities in the RU 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 17.19.01: Permitted and Conditionally Permitted Activities

Limitations on Table 17.19.01:

L1. 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.

L2. Emergency Shelters are permitted by-right on properties owned by churches, temples, synagogues, and other similar places of worship approved for Community Assembly Civic Activities; and within those portions of Martin Luther King Jr. Way, San Pablo Avenue, and Macarthur Boulevard corridors described in Section 17.103.015(A)(1)(4)(7) respectively and subject to the development standards in Section 17.103.015(B); permitted upon the granting of a Conditional Use Permit elsewhere in the zone subject to the standards in Section 17.103.010.

L3. The total ground floor area devoted to these activities by any single establishment may only exceed five thousand (5,000) square feet upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure).

L4. In the RU-4 Zone, these activities may only be located in an existing Nonresidential Facility that was built prior to April 14, 2011, or on the ground floor of a new Nonresidential Facility on a corner parcel. For the purposes of this limitation, a facility is considered existing if it received its certificate of occupancy or passed its final building inspection on its building permit.

L5. In the RU-5 Zone, these activities may only be located either in an existing Nonresidential Facility that was built prior to April 14, 2011, or on the ground floor of a new Nonresidential Facility. For the purposes of this limitation, a facility is considered existing if it received its certificate of occupancy or passed its final building inspection on its building permit.

L6. In the RU-1, RU-2, and RU-3 Zones, these activities may only be located in an existing Nonresidential Facility that was built prior to April 14, 2011. For the purposes of this limitation, a facility is considered existing if it received its certificate of occupancy or passed its final building inspection on its building permit. Also, these activities may only operate within the hours of 7:00 a.m. and 10:00 p.m.

L7. In the RU-1, RU-2, and RU-3 Zones, the overall outside dimensions of an existing Nonresidential Facility built prior to April 14, 2011 devoted to this activity shall not be increased; and no open parking, loading, or production serving such activity shall be increased in size. For the purposes of this limitation, a facility is considered existing if it received its certificate of occupancy or passed its final building inspection on its building permit. This regulation supersedes the applicable provisions in Chapter 17.114.

L8. In the case of an existing, nonconforming Alcoholic Beverage Sales Activity, the total floor area, open areas, or outside building dimensions occupied by the establishment shall not be increased. This regulation supersedes the Nonconforming activity Section 17.114.080(A)1.

L9. These activities may only be located in an existing Nonresidential Facility that was built prior to April 14, 2011. For the purposes of this limitation, a facility is considered existing if it received its certificate of occupancy or passed its final building inspection on its building permit. These activities may only operate within the hours of 7:00 a.m. and 10:00 p.m. A Conditional Use Permit (CUP) is required if the total floor area devoted to these activities on any single lot exceeds three thousand (3,000) square feet (see Chapter 17.134 for the CUP procedure).

L10. See Section 17.102.170 for special regulations relating to massage services and Section 17.102.450 for special regulations relating to laundromats.

L11. Adult Entertainment Activities are prohibited.

L12. These activities may only be located in an existing Nonresidential Facility that was built prior to April 14, 2011. For the purposes of this limitation, a facility is considered existing if it received its certificate of occupancy or passed its final building inspection on its building permit. These activities may only operate within the hours of 7:00 a.m. and 10:00 p.m.; a Conditional Use Permit is required if the total floor area devoted to these activities on any single lot exceeds one thousand five hundred (1,500) square feet (see Chapter 17.134 for the CUP procedure).

L13. Limited Agriculture is permitted if the activity occupies less than twenty thousand (20,000) square feet of land area and any on-site sales occur no more than two (2) times per week between the hours of 8:00 a.m. and 9:00 p.m. in a temporary movable structure not exceeding two hundred (200) square feet in size; conditionally permitted if the activity is larger in either land area, or in sales area, frequency, or hours of operation (see Chapter 17.134 for the CUP procedure).

L14. Extensive Agriculture is only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure). In addition to the criteria contained in Section 17.134.050, this activity must meet the following use permit criteria:

1. 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.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13270, § 3(Exh. A), 1118-2014; Ord. No. 13248, § 3(Exh. A), 7-15-2014; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13090, § 4(Exh. A), 10-4-2011; Ord. No. 13064, § 2(Exh. A), 3-15-2011)

17.19.040 - Permitted and conditionally permitted facilities.

Table 17.19.02 lists the permitted, conditionally permitted, and prohibited facilities in the RU Zones. The descriptions of these facilities are contained in Chapter 17.10. Section 17.10.040 contains permitted accessory activities.

"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 17.19.02: Permitted and Conditionally Permitted Facilities

Limitations on Table 17.19.02:

L1. See Section 17.103.080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units. Also applicable are the provisions of Chapter 17.114, Nonconforming Uses, for additions and alterations to legal nonconforming Residential Facilities, provided, however, that in the RU-4 and RU-5 Zones, Accessory Dwelling Units are permitted when there is an existing One-Family Dwelling on a lot, subject to the provisions of Section 17.103.080 and Chapter 17.88.

L2. Construction of Nonresidential Facilities to be used for a Commercial Activity is only permitted on the ground floor of corner lots. It is not permitted either on an interior lot or above the ground floor.

L3. Construction of Nonresidential Facilities to be used for a Commercial Activity is only permitted on the ground floor.

L4. Sidewalk cafes are allowed only as an accessory facility to an approved Full-service restaurant or Limited Service Restaurant and Cafe. The sidewalk cafe may only operate within the hours of 7:00 a.m. to 10:00 p.m. No more than three (3) tables and no more than ten (10) chairs or seats are allowed by right. If more tables or chairs are requested, a Conditional Use Permit (CUP) is required (see Chapter 17.134 for the CUP procedure). See Section 17.103.090 for other regulations regarding Sidewalk Cafes; however, the regulations in this Section supersede any contradicting regulations in Section 17.103.090.

.m. No more than three (3) tables and no more than ten (10) chairs or seats are allowed by right. If more tables or chairs are requested, a Conditional Use Permit (CUP) is required (see Chapter 17.134 for the CUP procedure). See Section 17.103.090 for other regulations regarding Sidewalk Cafes; however, the regulations in this Section supersede any contradicting regulations in Section 17.103.090.

L5. Business Signs are only allowed on existing Nonresidential Facilities built prior to the effective date of this Chapter (April 14, 2011); otherwise Chapter 17.104 applies. For the purposes of this limitation, a facility is considered built if it received its certificate of occupancy or passed its final building inspection on its building permit. The maximum aggregate area of display surface of all Business, Civic, and Residential Signs on any one lot shall be 0.5 square foot for each one foot of lot frontage in the case of an interior lot, or 0.25 square feet for each one foot of lot frontage in the case of a corner lot. The aggregate shall include only one face of a double-faced sign. The total amount of aggregate sign area shall not exceed one hundred (100) square feet on any one property. See Chapter 17.104 for other regulations regarding Business Signs; however, the regulations in this Section supersede any contradicting regulations in Chapter 17.104.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13435, § 4(Exh. A), 5-2-2017; Ord. No. 13357, § 3(Exh. A), 2-162016; Ord. No. 13251, § 5(Exh. A), 7-29-2014; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13090, § 4(Exh. A), 10-4-2011; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 13666, § 3(Exh. A), 11-16-2021; Ord. No. 13677, § 4(Exh. A), 1-18-2022)

17.19.050 - Property development standards.

A.

Zone Specific Standards. Table 17.19.03 below prescribes development standards specific to individual zones. The number designations in the "Additional Regulations" column refer to the regulations listed at the end of the Table. "N/A" designates a standard is not applicable to the specified zone.

Table 17.19.03: Property Development Standards

Additional Regulations for Table 17.19.03:

1. See Sections 17.106.010 and 17.106.020 for exceptions to lot development standard regulations.

2. See Chapter 17.107 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 dwelling unit, and the provisions of Section 17.102.300 with respect to dwelling units with five (5) or more bedrooms.

3. See Section 17.108.130 for allowed projections into setbacks.

4. On lots with only Residential Facilities, paved surfaces within required street-fronting yards, and any unimproved rights-of-way of adjacent streets, shall be limited to fifty percent (50%) on interior lots and thirty percent (30%) on corner lots. Exceptions: The maximum percentages of paved surfaces specified in this additional regulation may be exceeded within unimproved rights-of-way in the following cases upon issuance of a private construction of public improvements (P-job) permit or if undertaken directly by the City or by a private contractor under contract to the City:

• a. Roadway construction or widening;

b. Sidewalk construction or widening; and

c. Any work pursuant to an approved final map, parcel map or final development plan pursuant to a Planned Unit Development (PUD) permit.

For purposes of this additional regulation, an unimproved right-of-way is the portion of a street or alley right-of-way that is not paved.

5. In the RU-1 Zone, if adjacent lots abutting the side lot lines of the subject lot both contain principal Residential Facilities that have front setbacks with a depth of less than the minimum required in this Chapter, the minimum front setback shall be reduced for buildings and other structures on the subject lot up to a line parallel to the front lot line and extended from the most forward projection of the principal Residential Facility on the adjacent lots having the deeper front setback depth, provided such projection is enclosed, has a wall height of at least eight (8) feet, and has a width of at least five (5) feet. In the case of a corner lot, or lot that has one or more vacant parcels next to it, this same principal shall apply if the nearest non-vacant lot to each side of a corner lot, or to each side of a lot that has one or more vacant parcels next to it, have less than the minimum front setback required in this Chapter (see Illustration for Table 17.19.03 [Additional Regulation 5], below). Also, see Section 17.108.130 for allowed projections into setbacks.

Illustration for Table 17.19.03 [Additional Regulation 5] *for illustration purposes only

==> picture [345 x 169] intentionally omitted <==

6. In all RU Zones, the minimum front setback otherwise required by the applicable individual zone regulations shall be reduced to five (5) feet on any lot with a street-to-setback gradient that exceeds twenty percent (20%), provided, however, that the minimum length of any driveway or parking pad accommodating one or more parking spaces between the front property line and the front building elevation shall be at least eighteen (18) feet (see Illustration for Table 17.19.03 [Additional Regulation 6], below). See Section 17.108.130 for allowed projections into setbacks.

Illustration for Table 17.19.03 [Additional Regulation 6] *for illustration purposes only

==> picture [356 x 205] intentionally omitted <==

7. See Section 17.108.080 for the required interior side and rear setbacks on a lot containing two (2) or more living units and opposite a legally-required living room window.

8. Wherever an interior side lot line of any lot located in the RU-3, RU-4, or RU-5 Zone abuts an interior side lot line of any lot located in an RH or RD Zone, a side setback of six (6) feet is required. In the case where an interior side lot line of any lot located in the RU-3, RU-4, or RU-5 Zone abuts an interior side lot line in an RM or RU-1 Zone, a side setback of four (4) feet is required (see Illustration for Table 17.19.03 [Additional Regulation 8] below).

Illustration for Table 17.19.03 [Additional Regulation 8]

*for illustration purposes only

==> picture [398 x 192] intentionally omitted <==

9. When the rear yard of a reversed corner lot abuts a key lot that is in an RH, RD, or RM Zone, the required street side yard setback in the rear ten (10) feet of the reversed corner lot is one-half (½) of the minimum front yard required on the key lot, but shall not be required to exceed four (4) feet in width if it would reduce to less than twenty-five (25) feet the buildable width of any corner lot (see Illustration for Table 17.19.03 [Additional Regulation 9], below).

Illustration for Table 17.19.03 [Additional Regulation 9]

*for illustration purposes only

==> picture [337 x 264] intentionally omitted <==

10. Wherever a rear lot line abuts an alley, one-half (½) of the right-of-way width of the alley may be counted toward the required minimum rear setback; provided, however, that the portion of the minimum rear setback actually on the lot itself shall not be so reduced to less than ten (10) feet. Also, see Section 17.108.130 for allowed projections into setbacks.

11. When a rear lot line in the RU-4 or RU-5 Zones is adjacent to an RH, RD, or RM Zone, the required rear setback for both Residential and Nonresidential Facilities is ten (10) feet. When a rear lot line of a lot in

these zones is not adjacent to an RH, RD, or RM Zone, the required rear setback is ten (10) feet for Residential Facilities and there is no required setback for Nonresidential Facilities.

12. This height is only required for new principal buildings with ground floor Nonresidential Facilities, and is measured from the sidewalk grade to the second story floor.

13. This regulation only applies to new Residential Facilities and ground floor living space located within fifteen (15) feet of a street frontage.

14. Buildings in the RU Zones shall have a thirty (30) foot maximum height at the setback line associated with any rear or interior side lot line that abut a lot in an RH, RD, or RM Zone; if the principal building on the abutting lot has a height of thirty (30) feet or less, this maximum height shall increase one (1) foot for every foot of distance from this setback line. If the principal building on the abutting lot has a height of greater than thirty (30) feet, the maximum height shall increase two (2) feet for every foot away from the applicable setback line (see Illustration for Table 17.19.03 [Additional Regulation 14], below). Also, see Section 17.108.030 for allowed projections above height limits and Section 17.108.020 for increased height limits in certain situations.

Illustration for Table 17.19.03 [Additional Regulation 14] *for illustration purposes only

==> picture [372 x 229] intentionally omitted <==

15. In the RU-2 and RU-3 Zone, a building may only exceed forty-five (45) feet in height up to the maximum height if each portion above forty-five (45) feet is set back from the inner line of any minimum side setback, a minimum horizontal distance equal to one (1) foot for each four (4) feet by which it extends above the height of forty-five (45) feet; and set back from the inner line of any minimum rear yard, a minimum horizontal distance equal to one (1) foot for each two (2) feet by which it extends above the height of fortyfive (45) feet, provided, however, that such setback from the inner line of the any minimum rear yard need not exceed twenty (20) feet (see Illustration for Table 17.19.03 [Additional Regulation 15], below).

Illustration for Table 17.19.03 [Additional Regulation 15] *for illustration purposes only

==> picture [353 x 228] intentionally omitted <==

16. Off-street parking and loading shall be provided as prescribed in the off-street parking and loading requirements in Chapter 17.116. Bicycle parking shall be provided as prescribed in the bicycle parking regulations in Chapter 17.117. Also, additional parking standards apply within the S-11 and S-12 Zones, as prescribed in Chapters 17.92 and 17.94.

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

18. For the new construction of principal buildings in the RU-4 and RU-5 Zones, access to parking and loading facilities through driveways, garage doors, or other means shall not be from the principal street when alternative access is feasible from another location such as a secondary frontage or an alley. Where this is not feasible, every reasonable effort shall be made to share means of vehicular access with abutting properties. Open parking areas shall not be located between the sidewalk and a principal building.

hrough driveways, garage doors, or other means shall not be from the principal street when alternative access is feasible from another location such as a secondary frontage or an alley. Where this is not feasible, every reasonable effort shall be made to share means of vehicular access with abutting properties. Open parking areas shall not be located between the sidewalk and a principal building.

19. Usable open space is only required on lots with two (2) or more dwelling 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, except that actual group space shall be provided in the minimum amount specified in the table per dwelling unit, excluding any permitted Accessory Dwelling Units. All usable open space shall meet the standards contained in Chapter 17.126.

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

21. For developments involving the creation of new units on two (2) or more adjoining parcels under the same ownership, there is no minimum interior side setback required between those new units.

B.

Height, Floor Area Ratio (FAR), Density, and Open Space for the RU-4 and RU-5 Zones Only. Table 17.19.04 below prescribes height, FAR, intensity, and open space standards associated with the Height Areas described in the Zoning Maps. The number designations in the "Additional Regulations" column refer to regulations below the table. "N/A" designates a regulation is not applicable to the specified Height Area.

Table 17.19.04 Height, Floor Area Ratio (FAR), Density, and Open Space Regulations for the RU-4 and RU-5 Zones Only

Additional Regulations for Table 17.19.04:

1. The maximum height within ten (10) feet of the front property line is either the height limit on the subject lot shown in the above table or the height maximum for the height area of the parcel directly across the principal street, whatever is less (see Illustration for Table 17.19.04 [Additional Regulation 1], below).

Illustration for Table 17.19.04 [Additional Regulation 1] *for illustration purposes only

==> picture [271 x 205] intentionally omitted <==

2. Buildings in the RU Zones shall have a thirty (30) foot maximum height at the setback line along any rear or interior side lot line that abuts a lot in an RH, RD, or RM Zone; if the principal building on the abutting lot has a height of thirty (30) feet or less, this maximum height may increase one (1) foot for every foot of distance away from this setback line. If the principal building on the abutting lot has a height of greater than thirty (30) feet, the maximum height shall increase two (2) feet for every foot away from the applicable setback line. Also, see Section 17.108.030 for allowed projections above height limits and Section 17.108.020 for increased height limits in certain situations.

3. This minimum height requirement only applies to the new construction of a principal building that is located on parcels adjacent to a street right-of-way that is one hundred (100) feet wide or more. Buildings constructed to accommodate Essential Service, Utility and Vehicular, or Extensive Impact Civic Activities are exempted from the height minimum regulation. The allowed projections into the height limits contained in Section 17.108.030 are not counted towards the height minimum.

4. See Chapter 17.107 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.

5. 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.

6. Usable open space is only required on lots with two (2) or more dwelling 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, except that actual group space shall be provided in the minimum amount specified in the table per dwelling unit, excluding any permitted Accessory Dwelling Units. All usable open space shall meet the standards contained in Chapter 17.126.

(Ord. No. 13805, §§ 2(Exh. A), 3, 7-16-2024; 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. 13518, § 4(Exh. A), 2-5-2019; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13090, § 4(Exh. A), 10-42011; Ord. No. 13064, § 2(Exh. A), 3-15-2011)

17.19.060 - 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 RU 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. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011)

Editor's note— Ord. No. 13677, § 4(Exh. A), adopted Jan. 18, 2022, amended the title of § 17.19.060 to read as herein set out. The former § 17.19.060 title pertained to special regulations for Mini-Lot and Planned Unit Developments.

17.19.070 - Other zoning provisions.

A.

Home Occupations. Home occupations shall be subject to the applicable provisions of the home occupation regulations in Chapter 17.112.

B.

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

C.

Chapters 17.104, 17.106, and 17.108 shall apply in the RU Zones.

D.

Recycling Space Allocation Requirements. The regulations set forth in Chapter 17.118 shall apply in RU-1, RU-2, RU-3, RU-4, and RU-5 Zones.

E.

Landscaping and Screening Standards. The landscaping and screening regulations set forth in Chapter 17.124 shall apply in the RU 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.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13251, § 5(Exh. A), 7- 29-2014; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011)

Chapter 17.33 - CN NEIGHBORHOOD CENTER COMMERCIAL ZONES REGULATIONS

Sections:

17.33.010 - Title, intent, and description.

A.

Title and Intent. The provisions of this Chapter shall be known as the CN Neighborhood Center Commercial Zones Regulations. The intent of the Neighborhood Center Commercial (CN) Zones is to create, preserve, and enhance mixed use neighborhood commercial centers. The centers are typically characterized by smaller scale pedestrian oriented, continuous and active store fronts with opportunities for comparison shopping. These regulations shall apply to the CN Zones.

B.

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

1.

CN-1 Neighborhood Commercial - 1 Zone. The intent of the CN-1 Zone is to maintain and enhance vibrant commercial districts with a wide range of retail establishments serving both short and long term needs in attractive settings oriented to pedestrian comparison shopping.

2.

CN-2 Neighborhood Commercial - 2 Zone. The intent of the CN-2 Zone is to enhance the character of established neighborhood commercial centers that have a compact, vibrant pedestrian environment.

3.

CN-3 Neighborhood Commercial - 3 Zone. The intent of the CN-3 Zone is to create, improve, and enhance areas neighborhood commercial centers that have a compact, vibrant pedestrian environment.

4.

CN-4 Neighborhood Commercial - 4 Zone. The intent of the CN-4 Zone is to accommodate a broad range of low impact, retail, and service uses in small commercial districts, often near lower density residential neighborhoods.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011)