§ 17.65

The provisions of this Chapter shall be known as the HBX Housing and Business Mix Commercial Zones Regulations. This Chapter establishes land use regulations for the HBX-1, HBX-2, HBX-3, and HBX-4 Zones.

The purposes of the Housing and Business Mix (HBX) Zones are to:

A.

Allow for mixed use districts that recognize both residential and business activities;

B.

Establish development standards that allow residential and business activities to compatibly co-exist;

C.

Provide a transition between industrial areas and residential neighborhoods;

D.

Encourage development that respects environmental quality and historic patterns of development;

1.

Foster a variety of small, entrepreneurial, and flexible home-based businesses.

Housing and Business Mix - 1 (HBX-1) Commercial Zone. The HBX-1 Commercial Zone is intended to provide development standards that provide for the compatible coexistence of industrial and heavy commercial activities and medium density residential development. This zone recognizes the equal importance of housing and business.

Housing and Business Mix - 2 (HBX-2) Commercial Zone. The HBX-2 Commercial Zone is intended to provide development standards for areas that have a mix of industrial, certain commercial and medium to high density residential development. This zone recognizes the equal importance of housing and business.

Housing and Business Mix - 3 (HBX-3) Commercial Zone. The HBX-3 Commercial Zone is intended to provide development standards for areas that have a mix of industrial, heavy commercial and higher density residential development. This zone is intended to promote housing with a strong presence of commercial and industrial activities.

Housing and Business Mix - 4 (HBX-4) Commercial Zone. The HBX-4 Commercial Zone is intended to provide development standards for Live/Work, Work/Live, and housing in areas with a strong presence of industrial and heavy commercial activities.

(Ord. No. 13393, § 2(Exh. A), 10-4-2016; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13251, § 5(Exh. A), 7-29-2014; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 13060, § 2(Exh. A), 3-1-2011; Ord. 12872 § 4 (part), 2008; Ord. 12772 § 1 (part), 2006)

17.65.020 - Required design review process.

A.

Except for projects that are exempt from design review as set forth in Section 17.136.025, no Building Facility, Designated Historic Property, Potentially Designated Historic Property, Telecommunications Facility, Sign, or other associated structure shall be constructed, established, or altered in exterior appearance, unless plans for the proposal have been approved pursuant to the design review procedure in Chapter 17.136, and when applicable, the Telecommunications regulations in Chapter 17.128, or the Sign regulations in Chapter 17.104.

B.

Conformance to the "HBX Design Guideline Manual" is required for any change to the exterior of a building that requires a building permit in the HBX Zones.

C.

Where there is a conflict between the design review criteria contained in Section 17.136.070 the design objectives contained in the "HBX Design Guideline Manual" the design objectives in the "HBX Design Guideline Manual" shall prevail.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 13028, § 2(Exh. A), 7-20-2010; Ord. 12776 § 3, Exh. A (part), 2006: Ord. 12772 § 1 (part), 2006)

• Editor's Note— The "HBX Design Guidelines Manual," referred to in this Chapter, is incorporated by reference as if fully set forth herein by Section 2 of Ordinance 12772. A copy of this manual is kept on file in the Oakland City Hall.

17.65.030 - Permitted, conditionally permitted, and prohibited activities.

The following table lists the permitted, conditionally permitted, and prohibited activities in the HBX Zones. The descriptions of these activities are contained in Chapter 17.10. A legally constructed facility shall be allowed to contain or be converted to contain any activities listed as permitted in the table below if they meet all applicable regulations.

Table 17.65.01: Permitted, Conditionally Permitted, and Prohibited Activities

"P" designates permitted activities in the corresponding zone.

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

"L" designates activities subject to certain limitations listed at the bottom of the table.

"—" designates uses that are prohibited in the corresponding zone.

Limitations on Table 17.65.01:

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 the portion of the East 12th Street corridor described in Section 17.103.015(A)(6) 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. Except for the HBX-1 zoned area near Lowell Street, the total floor area devoted to these activities on any single lot shall only exceed ten thousand (10,000) square feet upon the granting of a Conditional Use Permit (CUP) (see Chapter 17.134 for the CUP procedure). For the HBX-1 zoned area near Lowell Street, the total floor area devoted to these activities on any single lot shall only exceed five thousand (5,000) square feet upon the granting of a Conditional Use Permit (CUP) (see Chapter 17.134 for the CUP procedure).

L4. The total floor area devoted to these activities on any single lot shall only exceed twenty-five thousand (25,000) square feet upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure).

L5. The total floor area devoted to these activities on any single lot shall only exceed three thousand (3,000) square feet upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure).

L6. No new or expanded Special Health Care Civic Activity shall be located closer than two thousand five hundred (2,500) feet from any other such activity, or five hundred (500) feet from any K-12 school or Licensed Emergency Shelters. See Section 17.103.020 for further regulations regarding Special Health Care Civic Activities.

L7. See Section 17.102.170 for special regulations relating to massage services and Section 17.102.450 for special regulations relating to laundromats.

L8. No new or expanded Adult Entertainment Activity shall be located closer than one thousand (1,000) feet to the boundary of any Residential Zone or three hundred (300) feet from any other Adult Entertainment Activity. See Section 17.102.160 for further regulations regarding Adult Entertainment Activities.

L9. Not including accessory activities, this activity shall take place entirely within an enclosed building. Other outdoor principal activities shall only be permitted upon the granting of a Conditional Use Permit (see

Chapter 17.134 for the CUP procedure).

L10. This activity shall only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure).

L11. Except for the HBX-1 zoned area near Lowell Street, a nonconforming Automobile and Other Light Vehicle Gas Station and Servicing or Automotive and Other Light Vehicle Repair and Cleaning Commercial Activity in the HBX-1 Zone may be extended, and the facilities accommodating or serving such activity may be altered or otherwise changed upon the granting of a Conditional Use Permit (see Chapter 17.134) and approval pursuant to the Regular Design Review procedure (see Chapter 17.136). This Conditional Use Permit and Regular Design Review approval may be granted only upon determination that the proposal is adequately buffered from the street and surrounding Residential Activities through landscaping and fencing. See Chapter 17.114 for general regulations regarding nonconforming uses.

L12. All facilities containing Self- or Mini-Storage activities shall meet the following requirements:

a. No more than twenty percent (20%) of the total floor area on a lot shall be occupied by facilities containing Self- or Mini-Storage activities.

b. No facility that includes a Self- or Mini-Storage Activity shall be within the front twenty (20) feet of a building.

c. Projects that include self-storage establishments shall have a minimum fifty percent (50%) of lot frontage occupied by ground floor commercial activities that are not directly associated with the self-storage establishment at the site.

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.

L15. These activities are prohibited when located within six hundred (600) feet of a Residential Zone. When not within six hundred (600) feet of a Residential Zone, these activities are only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure).

L16. Community Gardens are permitted if they do not include any 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.

L17. Commercial kitchen operations that include the retail sale, from the premises, of any type of prepared food or beverage where orders are placed predominantly online or by telephone or mail order, and delivery to customers is provided by motor vehicle shall only be permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure).

(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. 13270, § 3(Exh. A), 11-18-2014; Ord. No. 13251, § 5(Exh. A), 7-29-2014; 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. 12999, § 4(Exh. A), 3-16-2010; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12872 § 4 (part), 2008; Ord. 12776 § 3, Exh. A (part), 2006: Ord. 12772 § 1 (part), 2006)

For the purposes of this Chapter only, the following definitions are added as facility types. Definitions for the other facility types listed in the table below are contained in the Oakland Planning Code Chapter 17.10.

A.

Definitions.

1.

"Live/Work" means a room or suite of rooms that are internally connected maintaining a common household that includes: (a) cooking space and sanitary facilities that satisfy the provisions of other applicable codes; and (b) adequate working space reserved for, and regularly used by, one or more persons residing therein. A Live/Work unit is intended to accommodate both Residential and Nonresidential Activities.

2.

"Work/Live" means a room or suite of rooms that are internally connected maintaining a common household that includes: (a) cooking space and sanitary facilities that satisfy the provisions of other applicable codes, and (b) adequate working space reserved for, and regularly used by, one or more persons residing therein. A Work/Live unit is intended to accommodate a primary Nonresidential Activity with an accessory residential component.

The following table lists regulations relating to certain facilities. The descriptions of these facilities are contained in Chapter 17.10.

"P" indicates that the facility is permitted in the corresponding zone.

"C" indicates that the facility is only permitted upon the granting of a conditional use permit (see Chapter 17.134) in the corresponding zone.

"—" designates uses that are prohibited in the corresponding zone.

Table 17.65.02: Permitted and Conditionally Permitted Facilities

Limitations on Table 17.58.02:

L1. No new or expanded Fast-Food Restaurants with Drive-Through Nonresidential Facilities shall be located closer than five hundred (500) feet of an elementary school, park, or playground. See Sections