§ 17.99

The provisions of this Chapter shall be known as the S-17 Downtown Residential Open Space Combining Zone Regulations. The Downtown Residential Open Space Combining (S-17) Zone is intended to provide open space standards for residential development that are appropriate to the unique density, urban character and historic character of the City's Downtown District. These regulations shall apply in the S-17 Zone, and are supplementary to the regulations applying in the zones with which the S-17 Zone is combined.

(Ord. No. 13812, § 4(Exh. A), 7-30-2024; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. 12343 § 2 (part), 2001)

17.99.020 - Zones with which the S-17 Zone may be combined.

The S-17 Zone may be combined with the portion of any zoning district that is located within Downtown District (D-DT) Zone.

(Ord. No. 13812, § 4(Exh. A), 7-30-2024; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. 12776 § 3, Exh. A (part), 2006: Ord. 12343 § 2 (part), 2001)

17.99.030 - Definitions.

As used in this Chapter, the following words will have the meaning set forth unless the context clearly indicates otherwise:

Usable open space categories shall be defined as follows:

A.

Private Usable Open Space. Private usable open space is accessible from a single unit and may be provided in a combination of recessed and projecting exterior spaces.

B.

Public Ground-Level Plaza. Public ground-level plazas (plazas) are group usable open space located at street-level and adjacent to the building frontage. Plazas are publicly accessible during daylight hours and are maintained by the property owner. Plazas shall be landscaped and include pedestrian and other amenities, such as benches, fountains and special paving.

C.

Widened Sidewalk. A widened sidewalk includes paving, landscaping and pedestrian amenities along the building frontage and within the property boundaries, and constitutes group usable open space. A widened sidewalk shall involve either a land dedication or easement to allow public access at all times and a seamless connection to the public right-of-way.

D.

Rooftop Open Space. Rooftop open space, a type of group usable open space, includes gardens, decks, swimming pools, spas and landscaping located on the rooftop and accessible to all tenants.

E.

Courtyard. A courtyard is a type of group usable open space that can be located anywhere within the subject property.

F.

Off-site Open Space. Privately owned and maintained group usable or public open space at ground-level or podium level within one thousand (1,000) feet of a residential development, intended to fulfill the usable open space requirement of said residential development, only.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. 12776 § 3, Exh. A (part), 2006: Ord. 12343 § 2 (part), 2001)

Residential development in the S-17 Downtown Residential Open Space Combining Zone shall provide a combination of the following usable open space categories, as defined in Section 17.99.030, in order to satisfy the standards established in Section 17.99.050:

A.

Private usable open space;

B.

Public ground-level plaza;

C.

Widened sidewalk;

D.

Rooftop open space;

E.

Courtyard; and

F.

Off-site open space.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. 12343 § 2 (part), 2001)

17.99.050 - Usable open space standards for residential development.

All required usable open space shall be permanently maintained and shall conform to the following standards:

A.

Area. On each lot containing Residential Facilities with a total of two (2) or more dwelling units, excluding any permitted Accessory Dwelling Units, usable open space shall be provided for such facilities at a rate of sixty (60) square feet per Regular Dwelling Unit and thirty (30) square feet per Rooming Unit or Efficiency Dwelling Unit.

B.

Limitations. Not more than twenty percent (20%) of the required area shall be provided in widened sidewalks.

C.

Size and Shape. An area of contiguous space shall be of such size and shape that a rectangle inscribed within it shall have no dimension less than the dimensions shown in the following table:

• Measurement does not include width of existing sidewalk, and is additive to existing sidewalk.

When space is located on a roof, the area occupied by vents or other structures which do not enhance usability of the space shall not be counted toward the above dimension.

D.

Openness. There shall be no obstructions above the space except for devices to enhance its usability, such as pergola or awning structures. There shall be no obstructions over ground-level private usable open space except that not more than fifty percent (50%) of the space may be covered by a private balcony projecting from a higher story. Above-ground-level private usable open space shall have at least one exterior side open and unobstructed, except for incidental railings or balustrades, for eight (8) feet above its floor level.

E.

Usability. A surface shall be provided which prevents dust and allows convenient use for outdoor activities. Such surface shall be any practicable combination of lawn, garden, flagstone, wood planking, concrete, asphalt or other serviceable, dust-free surfacing. Slope shall not exceed ten percent. Off-street parking and loading areas, driveways, and service areas shall not be counted as usable open space. Adequate safety railings or other protective devices shall be erected whenever necessary for space on a roof, but shall not be more than four feet high.

F.

Accessibility. Usable open space, other than private usable open space and off-site open space, shall be accessible to all the living units on the lot. It shall be served by any stairway or other accessway qualifying under the Oakland Building Code as an egress facility from a habitable room. Private usable open space may be located anywhere on the lot. Above-ground-level space may be counted even though it projects beyond a street line. All private usable open space shall be adjacent to, and not more than four (4) feet above or below the floor level of, the living unit served. Private usable open space shall be accessible to only one living unit by a doorway to a habitable room or hallway.

G.

Enclosure. Fences and walls shall not be constructed as to interfere with the access required by applicable fire prevention 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. 13064, § 2(Exh. A), 3-15-2011; Ord. 12343 § 2 (part), 2001)

At least ten percent (10%) of usable open space area (with the exception of private usable open space) shall include landscaping enhancement. Landscaping enhancements shall consist of permanent features, such as trees, shrubbery, decorative planting containers and coverings (mulch, gravel), fountains, boulders or artwork (sculptures, murals). The remainder of the space shall include user amenities such as seating, decorative paving, or playground structures.

(Ord. No. 13779, § 2(Exh. A), 1-16-2024; Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13064, § 2(Exh. A), 3- 15-2011; Ord. 12343 § 2 (part), 2001)

17.99.070 - Conformance with design guidelines.

Usable open space areas shall be designed to be consistent with any design guidelines adopted for the affected zone.

(Ord. 12343 § 2 (part), 2001)

Chapter 17.100A - S-19 HEALTH AND SAFETY PROTECTION COMBINING ZONE REGULATIONS[[45]]

Sections:

Footnotes:

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Editor's note— Ord. No. 13064, § 2(Exh. A), adopted March 15, 2011, changed the title of Chapter 17.100A from "S-19 health and safety protection overlay zone" to "S-19 health and safety protection combining zone regulations."

17.100A.010 - Title, Purpose and Applicability.

The intent of the S-19 Health and Safety Protection Combining Zone is to promote the public health, safety and welfare by ensuring that activities which use hazardous material substances or store hazardous materials, hazardous waste, or explosives locate in appropriate locations and develop in such a manner as not to be a serious threat to the environment, or to public health, particularly to residents living adjacent to industrial areas where these materials are commonly used, produced or found.

(Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12899 § 4, Exh. A, 2008; Ord. 12875 § 2 (part), 2008) 17.100A.020 - Definitions.

For the purposes of this regulation, the following definitions apply:

A.

Hazardous Material. Hazardous material is defined as that which could exhibit one or more of the hazard characteristics defined in the California Fire Code (CFC), which generally means any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or

potential hazard to human health and safety or to the environment if released into the workplace or the environment (H.S.C. § 25503.5a).

B.

Hazardous Waste. Hazardous waste is defined as any hazardous material whose intended original purpose is no longer applicable for its use, or a waste that meets federal or state criteria for ignitability, corrosivity, reactivity or toxicity, or is specifically listed by the federal or state law or regulations (40 C.F.R., part 240 et seq.).

C.

Explosives. Explosives are defined as chemicals that cause a sudden, almost instantaneous release of pressure, gas and heat when subjected to sudden shock, pressure, or high temperatures; or a material or chemical, other than a blasting agent, that is commonly used or intended to be used for the purpose of producing an explosive effect (29 C.F.R.).

(Ord. 12899 § 4, Exh. A, 2008; Ord. 12875 § 2 (part), 2008)

17.100A.030 - Zones with which the S-19 Zone may be combined.

A.

The standards of the S-19 Combining Zone shall apply to the following zoning districts:

1.

Housing and Business Mix (HBX) Zones;

2.

D-CE-3 and D-CE-4 (Central Estuary District) Zones;

3.

CIX-1 (Commercial Industrial Mix-1) and D-DT-JLI (Downtown District Jack London Industrial) Zones;

4.

CIX-1A, CIX-1B, CIX-1C, and CIX-1D (West Oakland Plan Area Commercial Industrial Mix-1A, -1B, -1C, and -1D) Zones that are within the West Oakland District (defined for the purposes of this Chapter as all areas between Interstate 980 to the east, Interstate 880 to the south and west, and Interstate 580 to the north);

5.

CIX-2 (Commercial Industrial Mix-2), IG (General Industrial), and IO (Industrial Office) zoning districts that are within three hundred (300) feet from any Residential, Open Space, or Institutional Zone boundary.

B.

The standards of this combining zone shall apply to the following facility types:

All new Nonresidential Facilities or Activities;

2.

Any Nonresidential Facility which has lost its legal non-conforming status;

3.

Any existing facility or activity where the usable floor area is expanded by more than twenty percent (20%) after the effective date of the adoption of this Chapter;

4.

Any alteration or expansion of a facility or activity, such that it requires a new Risk Management Plan or other Hazardous Materials Business Plan.

(Ord. No. 13812, § 4(Exh. A), 7-30-2024; 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. 13168, § 5(Exh. A-2), 6-18-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12899 § 4, Exh. A, 2008; Ord. 12875 § 2 (part), 2008)

17.100A.040 - Prohibited land uses.

The following land use activities are prohibited within the S-19 Health and Safety Protection Combining Zone:

A.

Electroplating;

B.

Hazardous Waste Management, Industrial/Transfer Storage; and Residuals Repositories;

C.

Activities which involve manufacturing, storing, or use of explosives.

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

17.100A.050 - General standards.

The following additional regulations shall apply within the S-19 Health and Safety Protection Combining Zone:

A.

Storage and use of all hazardous materials and hazardous waste shall be reviewed and approved by the Fire Department prior to commencement of operation or any alteration of activity. A risk management plan

may also be required, per the Certified Program Uniform Assistance (CUPA) Ordinance (O.M.C. Chapter 8.42).

B.

No storage or use of hazardous materials and waste can be located within three hundred (300) feet of a Residential, Institutional or Open Space Zone without written approval or consent of the Fire Department.

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

17.100A.060 - Regulations required by other agencies.

A.

The following regulations may be required by the Fire Department, City of Oakland:

1.

Process Hazard Analysis;

2.

Risk Management Plan;

3.

Local Hazardous Materials Business Plan.

B.

In addition, the Fire Department may establish any of the following limitations:

1.

Limitations on the location for storage or use of hazardous material;

2.

Containment measures for storage or use of hazardous materials;

3.

Limitations or prohibitions on the storage or use of specific hazardous materials; or specific processes that use or combine hazardous materials.

C.

The foregoing shall not prevent compliance with other requirements that may be imposed under other federal, state or local rules, statutes, codes or regulations.

(Ord. No. 13251, § 5(Exh. A), 7-29-2014; Ord. 12899 § 4, Exh. A, 2008; Ord. 12875 § 2 (part), 2008)

Chapter 17.100B - S-20 HISTORIC PRESERVATION DISTRICT COMBINING ZONE REGULATIONS

Sections:

17.100B.010 - Title, purpose, and applicability.

The provisions of this Chapter shall be known as the S-20 Historic Preservation District Combining Zone Regulations. The Historic Preservation District Combining (S-20) Zone is intended to preserve and enhance the cultural, educational, aesthetic, environmental, and economic value of structures, other physical facilities, sites, and areas of special importance due to historical association, basic architectural merit, the embodiment of a style or special type of construction, or other special character, interest, or value, and is typically appropriate to selected older locations in the city. The S-20 Zone is similar to the S-7 Preservation Combining Zone, but is designed for larger areas, often with a large number of residential properties that may not be individually eligible for landmark designation but which as a whole constitute a historic district. The S-20 Zone provides generally more expeditious review procedures than those provided in the S-7 Zone. These regulations shall apply in the S-20 Zone, and are supplementary to the provisions of Section 17.136.070 for designated landmarks and to the other regulations applying in the zones with which the S- 20 Zone is combined; if a property is both a landmark and located in the S-20 Zone and is therefore subject to both landmark and S-20 regulations, the stricter regulations prevail.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. No. 12899 § 4, Exh. A, 2008; Ord. 12872 § 4, Exh. A (part), 2008; Ord. 12776 § 3, Exh. A (part), 2006: Ord. 12513 Attach. A (part), 2003)

17.100B.020 - Zones with which the S-20 Zone may be combined.

The S-20 Zone may be combined with any other zone.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12899 § 4, Exh. A, 2008; Ord. 12872 § 4, Exh. A (part), 2008; Ord. 12776 § 3, Exh. A (part), 2006: Ord. 12513 Attach. A (part), 2003)

17.100B.030 - 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 (see Section 17.09.040 for definition), 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 additional provisions in Sections 17.100B.050, 17.100B.060, and 17.100B.070, the Telecommunications regulations in Chapter 17.128, or the Sign regulations in Chapter 17.104.

B.

See Section 17.136.075 for design review criteria for the demolition or removal of Designated Historic Properties and Potentially Designated Historic Properties.

C.

Landmarks Referral. If an application is for regular design review in the S-20 Zone, and the Director of City Planning determines that a proposed addition or alteration will have a significant effect on the property's character-defining elements that are visible from a street or other public area, the Director may, at his or her discretion, refer the project to the Landmarks Preservation Advisory Board for its recommendations. "Character-defining elements" are 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. An addition or alteration is normally considered "visible from a street or other public area" if it affects a street face or public face of the facility or is otherwise located within the "critical design area," defined as the area within forty (40) feet of any street line, public alley, public path, park or other public area.

(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. 13028, § 2(Exh. A), 7-20-2010; Ord. No. 12899 § 4, Exh. A, 2008; Ord. 12872 § 4, Exh. A (part), 2008; Ord. 12776 § 3, Exh. A (part), 2006: Ord. 12513 Attach. A (part), 2003)

17.100B.050 - Design review criteria.

In the S-20 Zone, proposals requiring Regular design review approval pursuant to Section 17.100B.030 may be granted only upon determination that the proposal conforms to the Regular design review criteria set forth in the design review procedure in Chapter 17.136 and to all of the following additional criteria:

A.

That the proposal will not substantially impair the visual, architectural, or historic value of the affected site or facility. Consideration shall be given to design, form, scale, color, materials, texture, lighting, detailing and ornamentation, landscaping, signs, and any other relevant design element or effect, and, where applicable, the relation of the above to the original design of the affected facility.

B.

That the proposed development will not substantially impair the visual, architectural, or historic value of the total setting or character of the S-20 Historic Preservation Zone or of neighboring facilities. Consideration shall be given to the desired overall character of any such area or grouping of facilities, including all design elements or effects specified in Subsection (A) above; and

C.

That the proposal conforms with the Design Guidelines for Landmarks and Preservation Districts as adopted by the City Planning Commission and, as applicable for certain federally-related projects, with the Secretary of the Interior's Standards for the Treatment of Historic Properties.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12899 § 4, Exh. A, 2008; Ord. 12872 § 4, Exh. A (part), 2008; Ord. 12776 § 3, Exh. A (part), 2006: Ord. 12513 Attach. A (part), 2003)

17.100B.060, 17.100B.070 - Reserved.

Editor's note— Ord. No. 13028, § 2(Exh. A), adopted July 20, 2010, repealed the former Sections 17.100B.060 and 17.100B.070 in their entirety, which pertained to the criteria for demolition or removal, and postponement of demolition or removal, respectively, and derived from Ord. No. 12513, Att. A(part), adopted in 2003; Ord. No. 12776, Exh. A (part), adopted in 2006; Ord. No. 12872, § 4, Exh. A (part), adopted in 2008; Ord. No. 12899, § 4, Exh. A, adopted in 2008.

17.100B.080 - Duty to keep in good repair.

Except as otherwise authorized under Sections 17.100B.030 and 17.100B.070, the owner, lessee, or other person in actual charge of each structure in the S-20 Zone shall keep in good repair all of the exterior, as well as all interior portions whose maintenance is necessary to prevent deterioration and decay of the exterior.

(Ord. No. 12899 § 4, Exh. A, 2008; Ord. 12872 § 4, Exh. A (part), 2008; Ord. 12776 § 3, Exh. A (part), 2006: Ord. 12513 Attach. A (part), 2003)

Chapter 17.101A - D-WS WOOD STREET DISTRICT ZONES REGULATIONS[[46]]

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Editor's note— Ord. No. 13270, § 3(Exh. A), adopted November 18, 2014, amended Chapter 17.101A in its entirety to read as herein set out. Formerly, Chapter 17.101A, § 17.101A.010, pertained to the D-WS Wood Street district commercial zone regulations, and derived from Ord. No. 12999, § 4(Exh. A), adopted March 16, 2010; Ord. No. 13064, § 2(Exh. A), adopted March 15, 2011, and Ord. No. 13251, § 5(Exh. A), adopted July 29, 2014.

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

A.

The provisions of this Chapter (in combination with the separate Wood Street Zoning District document adopted by City Council as part of Ordinance 12673 C.M.S. that prescribes the Zoning Regulations, Standards, and Guidelines for Development and Use of Property within the Wood Street Zoning District), shall be known as the D-WS Wood Street District Zones Regulations. The intent of the Wood Street District (D-WS) Zones is to create an active, pedestrian oriented, mixed-use, urban community in the area generally bounded by 10th Street, Wood Street, West Grand Avenue and Frontage Road/I-880. The D-WS-1 through D-WS-9 Zones are intended to reflect the same boundaries as the Wood Street Development Areas 1 through 9.

B.

The Zoning Regulations, Standards, and Guidelines for Development and Use of Property within the Wood Street Zoning District shall be as prescribed in the original Ordinance 12673 C.M.S., amending Ordinance 13093 C.M.S., all subsequent amending Ordinances adopted by City Council, and as amended below. All such regulation shall apply to the area of the zoning maps with a D-WS designation.

(Ord. No. 13434, § 4(Exh. A), 5-2-2017; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13270, § 3(Exh. A), 11-18-2014)

17.101A.020 - Permitted and conditionally permitted activities.

Table 17.101A.01 lists the permitted, conditionally permitted, and prohibited activities in the D-WS 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 D-WS Zone.

"C" designates activities that are permitted only upon the granting of a Conditional Use permit (CUP) in the corresponding D-WS 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 17.101A.01: Permitted and Conditionally Permitted Activities

Limitations on Table 17.101A.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. Only the following activities are permitted: 1) places of worship, churches, temples, mosques, and synagogues with a total floor area of three thousand (3,000) square feet or less; and 2) public, parochial, private and non-profit clubs and lodges, meeting halls, recreation centers, and gymnasiums with a floor area of five thousand (5,000) square feet or less.

L3. Activities with a total floor area greater than three thousand (3,000) square feet require the granting of a conditional use permit (see Chapter 17.134), and activities with a floor area over five thousand (5,000) square feet are prohibited.

L4. Only police substations and neighborhood-servicing post offices that have a total floor area not exceeding one thousand (1,000) square feet are permitted. Other Utility and Vehicular Civic Activities are prohibited.

L5. Grocery markets shall be: 1) limited to a maximum floor area of three thousand (3,000) square feet; and 2) only be open between 6:00 AM and 10:00 PM.

L6. Convenience markets shall not be greater than five thousand (5,000) square feet.

L7. Alcoholic Beverage Sales is limited to sale of beer and wine.

L8. Floor area devoted to Medical Service Commercial Activities is limited to a maximum two thousand five hundred (2,500) square feet.

L9. Retail Business supply stores shall be: 1) limited to office and art supply stores; and 2) limited to a maximum of three thousand (3,000) square feet.

L10. Activities with a total floor area greater than five thousand (5,000) square feet require the granting of a conditional use permit (see Chapter 17.134) and activities with a floor area over ten thousand (10,000) square feet are prohibited except for the portion of the D-WS-2 Zone designated in the separate Wood Street Zoning District document as Development Area 2B (the icehouse property). This activity is limited to neighborhood-serving construction product sales and services (Note: Hardware Stores are a General Retail Sales Commercial Activity, refer to L3)

L11. Only applies to the "Icehouse" building located in the portion of the D-WS-2 Zone designated in the separate Wood Street Zoning District document as Development Area 2B.

L12. Only Passive Recreation is allowed. Active Recreation and Overnight Camping are not allowed.

L13. Community Gardens and Botanical Gardens are only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure).

L14. Limited Agriculture is 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, 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;

2. Agricultural chemicals or pesticides will not impact abutting properties or the surrounding neighborhood; and

3. The soil used in growing does not contain any harmful contaminants and the activity will not create contaminated soil.

L15. 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.

L16. 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. 13501, § 4(Exh. A), 7-24-2018; Ord. No. 13434, § 4(Exh. A), 5-22017;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)

17.101A.030 - Property development standards.

Zone Specific Standards. Table 17.101A.02 below prescribes development standards specific to individual D-WS Zones in the Wood Street Zoning District. The number designations 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 D-WS Zone.

Table 17.101A.02—Property Development Standards

Additional Regulations for Table 17.101A.02:

1. Density based on Regular Dwelling Units. For Efficiency Dwelling Units, the minimum lot area per unit shall be one-half (½) that for Regular Dwelling Units. One additional unit is allowed if after division of the total lot area by the minimum lot area the reminder is equal to two-thirds (⅔) or greater of the minimum lot area. For Rooming Units, there is no minimum density standard.

2. See Section 5.23 and Figure 5.23-1 in the separate Wood Street Zoning District document adopted by City Council for additional height restrictions applicable to the Wood Street Zoning District Development Areas and Overlay Areas. Projections above height limits are allowed as set forth in Section 17.108.030 of the Oakland Planning Code. See also Section 17.108.020 for increased height limits in certain situations.

3. See Section 5.80 in the separate Wood Street Zoning District document adopted by City Council for restrictions on additions to the 16[th ] Street Train Station.

4. For Minimum Street Setbacks, see Figure 5.24-1 in the separate Wood Street Zoning District document adopted by City Council in 2005 as part of Ordinance 12673 C.M.S.

5. For additional Open Space Standards applicable to the Wood Street Zoning District, see Section 5.40 in the separate Wood Street Zoning District document adopted by City Council in 2005 as part of Ordinance 12673 C.M.S.

6. For Standards applicable to the D-WS-5 Zone (same area as Development Area 5), see Section 5.80 in the separate Wood Street Zoning District document adopted by City Council in 2005 as part of Ordinance 12673 C.M.S.

7. For Standards applicable to the D-WS-9 Zone (same area as Development Area 9), see Section 5.90 in the separate Wood Street Zoning District document adopted by City Council in 2005 as part of Ordinance 12673 C.M.S.

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

(Ord. No. 13779, § 2(Exh. A), 1-16-2024; Ord. No. 13434, § 4(Exh. A), 5-2-2017; Ord. No. 13666, § 3(Exh. A), 11-16-2021)

Chapter 17.101B - D-OTN OAK-TO-NINTH DISTRICT ZONE REGULATIONS[[47]]

Sections:

Footnotes:

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Editor's note— Ord. No. 1826, § 2(Exh. A), adopted December 17, 2024, amended chapter 17.101B in its entirety to read as herein set out. Former chapter 17.101B, §§ 17.101B.010, 17.101B.020, pertained to similar subject matter, and derived from Ord. No. 13779, § 2(Exh. A), 1-16-2024; Ord. No. 13738, § 2(Exh. A), 5-16-2023; 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. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12999, § 4(Exh. A), 3-162010.

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

A.

The provisions of this Chapter shall be known as the D-OTN Oak-to-Ninth District Zone Regulations.

B.

The "Zoning Regulations and Standards for Development and Use of Property within the Oak to Ninth Mixed Use Development" which are attached to Ordinance 12758 C.M.S, and as amended in Section 17.101B.020, shall apply to the area designated in Ordinance 12759 C.M.S.

C.

This Chapter establishes land use regulations and development standards for the Oak-To-Ninth Mixed Use Development, now known as Brooklyn Basin. The approximately 63.82-acre site is bounded by Embarcadero Road, the Oakland Estuary, Fallon Street, and 10[th ] Avenue, and includes the Clinton Basin Marina and the Fifth Avenue Marina, but does not include Fifth Avenue Point.

D.

The 63.82-acre Oak to Ninth District (Brooklyn Basin) area is governed by the following set of regulations: the regulations set forth in this Chapter; Chapter 17.11 - OS Open Space zoning regulations for Open Space Region-Serving Park (OS-RSP); the Preliminary Development Plan dated February 2006 and approved on June 20, 2006, amended on November 5, 2014 and amended on May 16, 2023 Oak to Ninth Design Guidelines amended on November 5, 2014; Vesting Tentative Tract Map No. 7621 dated March 8, 2006 and approved on June 20, 2006; Conditions of Approval approved on June 20, 2006, amended on May 17, 2017 and on May 16, 2023; the Mitigation Monitoring Reporting Program approved on June 20, 2006, and the Development Agreement approved on June 20, 2006, amended on May 16, 2023.

The specific purposes of the D-OTN Oak To Ninth District Zone are to:

A.

Encourage the creation of a mixed-use district that integrates a combination of residential, commercial, public open space and civic uses.

B.

Establish development standards that allow residential, commercial, public open space and civic activities to compatibly co-exist.

C.

Provide a balance of private development and public open space with convenient access to public open space and the waterfront.

D.

Improve access to the waterfront and recreational opportunities along the waterfront including boat launches and marinas.

E.

Encourage quality and variety in building and landscape design as well as compatibility in use and form.

F.

Encourage development that is respectful of the environmental qualities that the site has to offer.

The 63.82-acre Oak to Ninth District (Brooklyn Basin Project) area is divided into two major areas: private residential and commercial development (approximately 34 acres), and public parks, open space, and civic uses (approximately 30 acres), and is assigned two separate zoning districts.

Residential and Commercial Uses

Oak to Ninth District. The D-OTN Zone is intended to provide mid-rise and high-rise housing opportunities together with ground floor retail and commercial uses. Future development will be set back from the waterfront and will stress compatibility between residential and nonresidential uses and reflect a variety of housing and business types.

Public Parks, Open Space, and Civic Uses

Open Space - Region Serving Park. The OS-RSP Zone is the area that is designated for public parks, open space, and civic uses. New parks include Shoreline Park, including the remaining portion of the 9[th ] Avenue Terminal, South Park, Channel Park, and Estuary Park. Clinton Basin and the Fifth Avenue Marina are also included in this zoning district. Uses proposed in this zone are regulated by the City of Oakland as Trustee in consultation with the State Lands Commission which retains jurisdiction over Public Trust lands.

ew parks include Shoreline Park, including the remaining portion of the 9[th ] Avenue Terminal, South Park, Channel Park, and Estuary Park. Clinton Basin and the Fifth Avenue Marina are also included in this zoning district. Uses proposed in this zone are regulated by the City of Oakland as Trustee in consultation with the State Lands Commission which retains jurisdiction over Public Trust lands.

Notwithstanding the provisions of Chapter 17.11, Open Space Zoning Regulations, open space activities and facilities in the Oak to Ninth District (Brooklyn Basin) area that would otherwise require a Conditional Use Permit pursuant to Planning Code Sections 17.11.060 and 17.11.090 instead shall be approved as part of the Preliminary Development Plan or Final Development Plan.

Notwithstanding the provisions of Municipal Code Chapter 6.04.080, dogs shall be allowed leashed in all public parks and open space areas within the Oak-To-Ninth District (Brooklyn Basin) area boundaries. Dogs shall be allowed unleashed in the dog park designated in the Final Development Plan.

(Ord. No. 13826, § 2(Exh. A), 12-17-2024)

17.101B.020 - Development Plans and Design Review.

All development projects within the D-OTN Oak To Ninth District Zone will be processed using a Planned Unit Development permitting process. The approved Preliminary Development Plan dated June 20, 2006, as amended on May 16, 2023, provides the comprehensive development framework for the entire 63.82acre site. The entire development will be constructed in five phases. Each phase requires submittal and approval of a Final Development Plan. Design Review for each Final Development Plan shall follow the schedule outlined in Chapter 17.136, Design Review Procedure. Each building or structure not submitted

with the application for a Final Development Plan will require separate design review approval. Both the Preliminary and Final Development Plans shall be prepared by a professional design team consisting of a registered civil engineer, licensed architect, planner or licensed building designer, and any other qualified professionals that the City may require.

Other applications required for development and use of property within the D-OTN Oak To Ninth District Zone (e.g., subdivision map) shall submitted concurrently with the Preliminary Development Plan or the Final Development Plan.

(Ord. No. 13826, § 2(Exh. A), 12-17-2024)

17.101B.030 - Preliminary Development Plan.

The Preliminary Development Plan shall include the following:

1.

Streets, driveways, sidewalks, pedestrian and bikeways, and off-street parking and loading areas, including integration with surrounding uses;

2.

Shoreline improvements;

3.

Location and dimensions of structures;

4.

Utilization of property for residential and non-residential use;

Population estimates;

6.

Public uses, including civic buildings, parks, playgrounds, and other open space uses;

7.

Major landscaping features, including a tree survey indicating trees protected by Municipal Code Chapter 12.36, as it may be amended;

8.

Creeks protected by Municipal Code Chapter 13.16, as it may be amended;

9.

Historic resources pursuant to the City's Historic Preservation Element Policy 3.8 or as defined in Section 15064.5 of Title 22 of the California Code of Regulations;

10.

Plan and elevation drawings establishing the scale, bulk, massing, character, and relationships of buildings, streets, and public and private open space in a schematic or conceptual format;

11.

A tabulation of the land use area and gross floor area to be devoted to various uses and a calculation of the average residential density per gross acre and per net acre;

12.

A preliminary phasing plan generally depicting projected development time frames including quantitative data, such as population, housing units, land use acreage, and other data sufficient to illustrate the relationship between the phasing of development and the provision of public facilities and services;

13.

A preliminary public services and facilities plan including proposed location, extent and intensity of essential public facilities and services such as public and private streets and transit facilities, pedestrian access, bikeways, sanitary sewer service, water service, storm drainage structures, solid waste disposal and other utilities; and a table comparing the plan description to the existing location, extent, and intensity of such essential public facilities and services; and

14.

A public facilities financing plan.

(Ord. No. 13826, § 2(Exh. A), 12-17-2024)

17.101B.040 - Review of Preliminary Development Plan or Amendment of Plan.

The Planning Director shall forward the Preliminary Development Plan (PDP) or proposed amendment thereof to the City Engineer for review no later than ten (10) days after a determination that the submittal is complete. The Planning Commission shall hold a public hearing on the Preliminary Development Plan or amendment thereof no later than seventy-five (75) days after it is sent to the City Engineer or within thirty (30) days of the Planning Commission receiving a report from the City Engineer, whichever is earlier. Notice of the hearing shall be given by the City Clerk or Planning Director, as set forth in Section 17.140.030.

The Planning Commission shall approve the Preliminary Development Plan or amendment thereof if it makes written findings that the Preliminary Development Plan is in substantial conformance with the D-OTN Oak To Ninth District Zone Regulations, Chapter 17.11 - OS Open Space zoning regulations for Open Space Region-Serving Park (OS-RSP), the Oak to Ninth Design Guidelines, Vesting Tentative Tract Map No. 7621, Conditions of Approval, and the Mitigation Monitoring Reporting Program, as they may be amended.

en findings that the Preliminary Development Plan is in substantial conformance with the D-OTN Oak To Ninth District Zone Regulations, Chapter 17.11 - OS Open Space zoning regulations for Open Space Region-Serving Park (OS-RSP), the Oak to Ninth Design Guidelines, Vesting Tentative Tract Map No. 7621, Conditions of Approval, and the Mitigation Monitoring Reporting Program, as they may be amended.

The Planning Commission shall disapprove the Preliminary Development Plan or amendment thereof if it makes written findings that the Preliminary Development Plan is not in substantial conformance with the D- OTN Oak To Ninth District Zone Regulations, Open zoning regulations for Open Space Region-Serving Park (OS-RSP), the Oak to Ninth Design Guidelines, Vesting Tentative Tract Map No. 7621, Conditions of Approval, and the Mitigation Monitoring Reporting Program, as they may be amended, and that it is not possible to require changes or impose conditions of approval as are reasonably necessary to ensure conformity to these documents.

The decision of the Planning Commission on the Preliminary Development Plan or amendment thereof shall become final ten (10) calendar days after the adoption of the findings, unless the Planning Commission decision is appealed to the City Council in accordance with Section 17.140.070. In the event the last date to file an 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.

If the Preliminary Development Plan or amendment thereof satisfies the requirements for a Final Development Plan (as described in section 17.101B.050), the Preliminary Development Plan may also serve as a Final Development Plan and shall be entitled the "Preliminary and Final Development Plan," and include all the submittal requirements for each application as set forth in sections 17.101B.030 and 17.101B.050. No separate Final Development Plan shall be required to be filed when the Preliminary Development Plan is combined with a Final Development Plan.

(Ord. No. 13826, § 2(Exh. A), 12-17-2024)

17.101B.050 - Final Development Plan.

Final Development Plans shall be submitted for each phase of development. Final Development Plans shall include all information contained in the Preliminary Development Plan plus the following requirements in sufficient detail to indicate the operation and appearance of all development shown on the Final Development Plan (FDP).

The location of all public infrastructure that provides water, sewage, and drainage facilities and other utility services.

2.

The location of all private infrastructure that provides gas, electric, and other utility services.

3.

The location of all shoreline improvements and remediation plans.

4.

Detailed building plans, elevations, sections, and a description of all exterior building materials if a development project is included with the Final Development Plan. The application for the first building proposed in a phase must show the conceptual building massing, heights, and rooflines of future buildings on all adjacent parcels to be constructed within the phase in order to evaluate shadows, relationships between buildings, access and circulation.

5.

Landscape plans, and buffering plans, if required, prepared by a landscape architect, if a development project is included with the Final Development Plan.

6.

The character and location of signs.

7.

Detailed improvement plans for all public and private streets, driveways, sidewalks, pedestrian and bikeways, and off-street parking and loading areas.

8.

Detailed improvement plans for all parks and open space areas, including programmed activities and the Bay Trail.

9.

Detailed demolition plans for the appropriate phase.

10.

Grading and soil remediation plans approved by the appropriate agency, other earth-moving plans, if appropriate, including estimated quantities and the grading schedule for the appropriate phase.

11.

The public facilities financing plan for the appropriate phase approved as part of the Preliminary Development Plan modified as necessary to reflect changed conditions or new information.

Plan references to all improvements for the appropriate phase required for the Vesting Tentative Tract Map 7621 approved on June 20, 2006, and as may be amended.

13.

Plan references to all improvements for the appropriate phase required of the Conditions of Approval for the project approved on June 20, 2006, and as may be amended.

14.

Plan references to all improvements for the appropriate phase required of the Mitigation Monitoring Reporting Program for the project approved on June 20, 2006, and as applicable.

15.

An applicant shall submit evidence of all documents required for dedication or reservation of land and for all bonds or other forms of financial assurances acceptable to the City required for timely completion of onsite and off-site public improvements necessitated by the project including, without limitation, for guaranteeing completion and faithful performance of the work with the Final Development Plan, including but not limited to, approved subdivision improvement agreements.

(Ord. No. 13826, § 2(Exh. A), 12-17-2024)

17.101B.060 - Review of Final Development Plan

The Planning Director shall forward the Final Development Plan to the City Engineer for review no later than ten (10) days after a determination that the submittal is complete. The Planning Commission shall hold a public hearing on the Final Development Plan, including Design Review, no later than seventy-five (75) days after the Plan is sent to the City Engineer or within thirty days of the Planning Commission receiving a report from the City Engineer, whichever is earlier. Notice of the hearing shall be given by the City Clerk or Planning Director as set forth in Section 17.140.030.

mmission shall hold a public hearing on the Final Development Plan, including Design Review, no later than seventy-five (75) days after the Plan is sent to the City Engineer or within thirty days of the Planning Commission receiving a report from the City Engineer, whichever is earlier. Notice of the hearing shall be given by the City Clerk or Planning Director as set forth in Section 17.140.030.

The Planning Commission shall approve the Final Development Plan if it makes written findings that the Final Development Plan is in substantial conformance with the Preliminary Development Plan; Oak to Ninth Design Guidelines, D-OTN Oak To Ninth District Zone Regulations, the Open Space zoning regulations for Open Space Region-Serving Park (OS-RSP), Vesting Tentative Tract Map No. 7621, Conditions of Approval, Mitigation Monitoring Reporting Program, and the Development Agreement, as they may be amended.

The Planning Commission shall disapprove the Final Development Plan if it makes written findings that the Final Development Plan is not in substantial conformance with the Preliminary Development Plan; Oak to Ninth Design Guidelines, D-OTN Oak To Ninth District Zone Regulations, the Open Space zoning regulations for Open Space Region-Serving Park (OS-RSP), Vesting Tentative Tract Map No. 7621, Conditions of Approval, Mitigation Monitoring Reporting Program, and the Development Agreement, as they may be amended, and that it is not possible to require changes or impose conditions of approval as are reasonably necessary to ensure such conformity.

The decision of the Planning Commission on the Final Development Plan shall be final ten (10) calendar days after the adoption of the findings unless the Planning Commission decision is appealed to the City Council in accordance with Section 17.140.070. In the event the last date to file an 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.

(Ord. No. 13826, § 2(Exh. A), 12-17-2024)

17.101B.070 - Architectural Design Review for Individual Development Projects.

Design review for any residential, commercial, or civic development projects that are not submitted with a Final Development Plan application will be reviewed and approved separately. The procedure for Design Review shall follow the schedule outlined in Chapter 17.136, Design Review Procedure. Design Review shall be limited to a determination of whether or not the proposed design conforms to the Oak-to-Ninth Design Guidelines and is in substantial compliance with the Final Development Plan, Vesting Tentative Tract Map No. 7621, Conditions of Approval, Mitigation Monitoring Reporting Program, and the Development Agreement. The Director of City Planning shall refer the application to the Planning Commission. The Planning Commission's decision may be appealed to the City Council.

(Ord. No. 13826, § 2(Exh. A), 12-17-2024)

17.101B.080 - Modifications to a Preliminary or Final Development Plan.

Minor changes to an approved Preliminary or Final Development Plan may be approved by the Planning Director prior to issuance of a certificate of occupancy if such changes are consistent with the purposes and character of the approved Preliminary or Final Development Plan. Minor changes, modifications or adjustments may include, but are not limited to, minor adjustments to the phasing plan boundaries, adjustments to public improvements and access if the proposed changes do not interfere with view corridors or access to the waterfront, minor modifications to the grading plan, minor changes to lot lines, minor modifications to the street sections, minor adjustments to roadway alignments, the amount and distribution of commercial uses within an existing phase, modifications to shoreline treatment, minor adjustments to setbacks and exterior materials, and modifications of the landscaping plan. The decision of the Planning Director can be appealed to the Planning Commission and final action on any appeal rests with the Planning Commission.

Amendments to the Preliminary Development Plan or Final Development Plan would be required if changes to the road alignments affected views and access to the waterfront, changes were proposed to the height, massing, and location of buildings (other than those in the tower zones), if the overall density were changed, and for any other change that the Planning Director found was not in substantial compliance with the Preliminary Development Plan or the Final Development Plan. The revised Preliminary Development Plan or Final Development Plan would be reviewed by the Planning Commission at a noticed public hearing. The decision of the Planning Commission may be appealed to the City Council.

(Ord. No. 13826, § 2(Exh. A), 12-17-2024)

17.101B.090 - Alterations after Issuance of Certificate of Occupancy.

After issuance of a certificate of occupancy, no building, sign, or other structure shall be constructed or established, or altered in such a manner as to affect exterior appearance, unless plans for such proposal have been approved with a finding that the proposals shall be in substantial compliance with the Oak-toNinth Design Guidelines specified for the Oak-to-Ninth Development Project. Approval is not required for temporary realty or development signs, holiday decorations, and displays behind a display window; or for mere changes of copy, including cutouts, on signs the customary use of which involves periodic changes of copy.

(Ord. No. 13826, § 2(Exh. A), 12-17-2024)

17.101B.100 - Permitted and Conditionally Permitted Activities.

Table 17.101B.01 lists the permitted, conditionally permitted, and prohibited activities in the D-OTN and OS-RSP Zones within the Oak to Ninth District (Brooklyn Basin) area. 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 17.101B.01: Permitted and Conditionally Permitted Activities

Limitations on Table 17.101B.01:

L1. Limited Agriculture is 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, 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;

b. Agricultural chemicals or pesticides will not impact abutting properties or the surrounding neighborhood; and

c. The soil used in growing does not contain any harmful contaminants and the activity will not create contaminated soil.

L2. 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.

L3. 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.

L4. Permanent Residential Activities are only permitted in the OS-RSP Zone upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure), and only if the extent of the activity meets the definition of "Caretaker's quarters" in Section 17.09.050.

(Ord. No. 13826, § 2(Exh. A), 12-17-2024)

17.101B.110 - Maximum Residential Density.

A.

The residential density for the overall 63.82-acre Oak To Ninth District (Brooklyn Basin) area averages approximately fifty-eight (58) dwelling units per gross acre, and approximately one hundred and sixty-seven (167) dwelling units per net acre. The density is distributed over thirteen development parcels or areas as shown in Table 17.101.B.02 and Table 17.101.B.03.

Table 17.101B.02: Maximum Residential Density

*Net developable acres exclude 9.18 acres of roads.

Table 17.101B.03: Development Parcels or Areas

*These two parcels are designated for 465 units of affordable housing. Refer to the Conditions of Approval for the Brooklyn Basin/Oak-to-Ninth Development Project and the Development Agreement, Exhibit L, for the details of the affordable housing obligations.

Density Transfer. Unused allowable densities, or number of units approved for a development parcel may be used on, or transferred to, another development parcel. The number of dwelling units per development parcel may increase or decrease provided that:

(1) The number of dwelling units being transferred does not exceed more than thirty-three percent (33%) of the allocation of the development parcel receiving the transferred units (more than thirty-three percent (33%) up to fifty percent (50%) of the dwelling units may be transferred subject to design review approval);

(2) The total number of dwelling units does not exceed three thousand seven hundred (3,700) for the entire Oak to Ninth Mixed Use Development Project;

(3) The average density for the entire project does not exceed one hundred sixty-seven (167) dwelling units per net acre; and

(4) The height of the buildings where the density is being transferred does not exceed the building heights approved in the Preliminary Development Plan (PDP), unless specified in the PDP.

(Ord. No. 13826, § 2(Exh. A), 12-17-2024)

17.101B.120 - Maximum Retail and Commercial Square Footage.

Approximately two hundred thousand (200,000) square feet of retail, commercial, and civic uses is distributed throughout the project area primarily on the ground floor level of the structures with residential units above. The remaining portion of the Ninth Avenue Terminal is also included in this total.

(Ord. No. 13826, § 2(Exh. A), 12-17-2024)

17.101B.130 - Building Height.

Height limits throughout the project area range from eighty-six (86) feet to two hundred forty (240) feet. The height of mid-rise structures on designated parcels can increase up to one hundred and twenty (120) feet; however, the heights of the 240-foot towers cannot be increased. Any increases in density and height will need to be approved by the Planning Commission when considering the Final Development Plan or architectural design review for a development project that is not part of the Final Development Plan submittal.

(Ord. No. 13826, § 2(Exh. A), 12-17-2024)

17.101B.140 - Yards and Setbacks.

All front, side, rear, and comer side yard setbacks will be determined through the design review approval process and must conform to the Preliminary Development Plan, Final Development Plan, Oak-to-Ninth Mixed Use Development Design Guidelines, and Vesting Tentative Tract Map No. 7621, if specified.

Appropriate buffer treatments may be required of buildings adjacent to other zoning district boundaries or between uses that the Planning Director has determined to be potentially incompatible. Buffer treatments could include, but are not limited to, a combination of setbacks, visual buffers, barriers, or dense landscaping.

(Ord. No. 13826, § 2(Exh. A), 12-17-2024)

17.101B.150 - Lot Area, Width, and Frontage.

All lot area, width, and frontage requirements will be determined through the design review approval process and must conform to the Preliminary Development Plan, Final Development Plan, Vesting Tentative Tract Map No. 7621, and Oak-to-Ninth Mixed Use Development Design Guidelines, if specified.

(Ord. No. 13826, § 2(Exh. A), 12-17-2024)

17.101B.160 - Usable Open Space Standards.

Residential Uses - A minimum of one hundred fifty (150) square feet per residential unit must be provided as usable open space. Each square foot of private usable open space conforming to the provisions of Section 17.126.040 shall be considered equivalent to two square feet of required group usable open space and may be so substituted. Group open space may be located anywhere on the same development parcel including the roof of any building on the site.

(Ord. No. 13826, § 2(Exh. A), 12-17-2024)

17.101B.170 - Landscaping, Paving, and Buffering.

A detailed landscaping, paving, and buffering plan shall be submitted for every development project, consistent with the Preliminary Development Plan or Final Development Plan, the Oak to Ninth Design Guidelines, and Chapter 17.124 except as noted below, and shall contain the following:

1.

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

2.

A minimum of one (1) fifteen-gallon tree, or substantially equivalent landscaping as approved by the Planning Director, shall be provided for every 20 to 25 feet of street frontage or portion thereof. On streets with sidewalks where the distance from the face of the curb to the outer edge of the sidewalk is at least six and one-half (6½) feet, the trees to be provided shall include street trees to the satisfaction of the Public Works Agency.

3.

For surface parking lots greater than three thousand (3,000) square feet in size, at least one tree shall be provided for every six (6) parking spaces.

4.

For surface parking lots adjacent to private property or public open space, buffering shall be provided to minimize potential impacts between uses.

5.

For buildings adjacent to other zoning district boundaries, or between uses that the Planning Director has determined to be potentially incompatible, buffer treatments should be applied and could include, but are

not limited to, a combination of setbacks, visual buffers, barriers, or dense landscaping. This does not apply to development which is separated from public open space by a street right-of-way.

(Ord. No. 13826, § 2(Exh. A), 12-17-2024)

17.101B.180 - Parking Requirements.

Parking and Loading Standards shall be consistent with Chapter 17.116, unless as specified below in Table 17.101B.04.

Table 17.101B.04: Parking Requirements

Note: A seventy-five percent (75%) reduction in parking is permitted for housing for persons who are

physically disabled, or who are sixty (60) years or older, and the occupancy of the units is guaranteed for at least fifty (50) years (See Chapter 17.116.110).

(Ord. No. 13826, § 2(Exh. A), 12-17-2024)

17.101B.190 - Signs.

Signs in the Oak-to-Ninth District (Brooklyn Basin) area shall be consistent with the adopted Master Sign Plan requirements listed below:

A.

Individual Signs. Individual signs not part of an approved Master Sign Plan are subject to design review in accordance with Chapter 17.104.

B.

Master Sign Plan. A master sign plan shall be submitted with each Final Development Plan to be approved by the Planning Commission. The decision of the Planning Commission may be appealed to the City Council. Applications for approval of a master sign plan shall include the following:

1.

A master sign program, drawn to scale, delineating the site proposed to be included within the signing program and the general location of all signs;

2.

Drawings and/or sketches indicating the exterior surface details of all buildings on the site on which wall signs, directory signs, ground signs, or projecting signs are proposed;

3.

A statement of the reasons for any requested modifications to the regulations or standards of Chapter 17.104;

4.

A written program specifying sign standards, including color, size, construction details, placement, and necessity for City review for distribution to future tenants.

C.

Master Sign Plan Approval. In approving a master sign program, the Director shall find:

1.

That the plan's contribution to the design quality of the site and surrounding area will be superior to the quality that would result under the regulations and standards of Section 17.104.

2.

That the proposed signs are compatible with the style or character of existing improvements on the site and are well-related to each other.

3.

That future tenants will not be denied adequate opportunities for identification if transfers of sign area from one building frontage to another are proposed by the master sign plan.

4.

Roof and penthouse signs are permitted provided that the signs are integrated with the design and materials of the building, subject to design review by the Planning Director. No more than one sign is approved per phase unless approved by the Planning Director.

5.

One Master Identification Sign visible to the I-880 freeway is permitted for the project subject to design review by the Planning Director.

The Planning Director may require any reasonable conditions necessary to carry out the intent of the master sign plan requirements while still permitting each sign user opportunities for effective identification and communication.

D.

Prohibited Location, Sign Type, and Message. The following types of signs and locations of signs are prohibited:

1.

A sign in a required yard adjoining a street property line which interferes with driveway visibility. Visibility of a driveway crossing a street property line shall not be blocked between a height of two and one-half (2.5) feet and seven (7) feet for a depth of five (5) feet from the street property line as viewed from the edge of the right-of-way on either side of the driveway at a distance of fifty (50) feet or at the nearest property line intersecting the street property line, whichever is less.

2.

Moving, flashing or animated signs, balloons or similar inflated signs, portable signs, searchlights, flags, pennants, streamers, spinners or similar devices, except as specifically authorized by the Planning Director.

3.

Signs with lighting, colors, design or text that could be confused with a public traffic directional sign or control device.

4.

Signs containing statements, words, pictures, or other representations which are in reference to obscene matter which violates the California Penal Code Section 311 et seq.

5.

Exterior signs made of materials that are impermanent and will not stand exposure to weather.

6.

Signs affixed to any vehicle or trailer on a public street or public or private property unless the vehicle or trailer is intended to be used in its normal business capacity and not for the sole purpose of attracting business.

(Ord. No. 13826, § 2(Exh. A), 12-17-2024)

Chapter 17.101C - D-BV BROADWAY VALDEZ DISTRICT COMMERCIAL ZONES REGULATIONS[[48]]

Footnotes:

--- ( 48 ) ---

Editor's note— Ord. No. 13241, § 5(Exh. A), adopted July 1, 2014, amended Chapter 17.101C in its entirety to read as herein set out. Formerly, Chapter 17.101C, §§ 17.101C.010—17.101C.100 pertained to the D-BR Broadway retail frontage district interim combining zone regulations, and derived from Ord. No. 13059, § 2(Exh. A), adopted March 1, 2011; Ord. No. 13151, § 2(Exh. A), adopted February 5, 2013, and Ord. No. 13172, § 3(Exh. A), adopted July 2, 2013.

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

A.

Title and Intent. The intent of the D-BV Broadway Valdez District Commercial Zones is to implement the Broadway Valdez District Specific Plan. The Broadway Valdez District Specific Plan area is divided into two subareas: the Valdez Triangle and the North End. These regulations shall apply to the Broadway Valdez District (D-BV) Zones.

1.

The intent for the Valdez Triangle subarea regulations is to:

a.

Create a recognized Oakland destination that provides a mix of uses that contributes to around-the-clock activity with people present both day and night, and on weekdays and weekends.

b.

Create a destination retail district that addresses the City's need for comparison goods shopping complemented with local-serving retail, dining, entertainment, office, and service uses.

c.

Encourage, support, and enhance a mix of small, medium, and large-scale retail, commercial, dining, entertainment, arts, cultural, office, residential, service, public plaza, and visitor uses.

d.

Encourage and enhance a pedestrian-oriented streetscape with street-fronting retail and complementary dining and entertainment uses.

e.

Establish a pedestrian, bicycle, and transit-oriented district that accommodates vehicular access.

2.

The intent for the North End subarea regulations is to:

a.

Create an attractive, mixed-use boulevard that links the Downtown and Valdez Triangle areas to the Pill Hill, Piedmont, and North Broadway areas, and is integrated with the adjoining residential and health careoriented neighborhoods.

b.

Encourage horizontally or vertically mixed use development that complements the Valdez Triangle and addresses the needs of adjoining and nearby neighborhoods with the potential of serving some regional needs close to Interstate 580.

c.

Encourage uses that complement and support the adjoining medical centers, such as professional and medical office uses, medical supplies outlets, and visitor and workforce housing.

d.

Encourage existing and new automotive sales that incorporate an urban format with a showroom and repair shop providing car storage either in a structured garage or in an off-site location.

B.

Description of Zones. This Chapter establishes land use regulations for the following four (4) zones:

1.

D-BV-1 Broadway Valdez District Retail Priority Sites - 1 Commercial Zone. The intent of the D-BV-1 Zone is to establish Retail Priority Sites in the Broadway Valdez District Specific Plan Area in order to encourage a core of comparison goods retail with a combination of small-, medium-, and large-scale retail stores. Priority Sites 3 and 5 are further divided into subareas a, b, and c and Priority Site 4 into subareas a and b as shown in the Height Area Map. Each Retail Priority Site and subarea will have a specified minimum square footage of retail required prior to Residential or Transient Habitation Activities and Facilities being permitted.

2.

D-BV-2 Broadway Valdez District Retail - 2 Commercial Zone. The intent of the D-BV-2 Zone is to create, maintain, and enhance areas of the Broadway Valdez District Specific Plan Area for ground-level retail, restaurants, entertainment, and art activities with pedestrian-oriented, active storefront uses. Upper-story spaces are intended to be available for a wide range of Office and Residential Activities.

3.

D-BV-3 Broadway Valdez District Mixed Use Boulevard - 3 Commercial Zone. The D-BV-3 Zone is intended to create, maintain, and enhance areas with direct frontage and access along Broadway, 27[th ] Street, Piedmont Avenue, and Harrison Street. A wider range of ground-floor office and other commercial activities are allowed than permitted in the D-BV-2 Zone with upper-story spaces intended to be available for a broad range of Residential, Office, or other Commercial Activities. Mixed uses can either be vertical and/or horizontal.

4.

D-BV-4 Broadway Valdez District Mixed Use - 4 Commercial Zone. The D-BV-4 Zone is intended to create, maintain, and enhance areas that do not front Broadway, 27[th ] Street, Piedmont Avenue, or Harrison Street, and allows the widest range of uses on the ground floor including both residential and commercial businesses. Upper-story spaces are intended to be available for a broad range of Residential or Commercial Activities.

C.

Description of Combining Zone. This Chapter establishes land use regulations for the following combining zone:

1.

N North Large Development Site Combining Zone. The intent of the N Combining Zone is to encourage more active commercial uses on those sites that have deeper lots that front along Broadway. Incentives for large developments are included. When a primary zone is combined with the N Combining Zone, the N Combining Zone permitted uses supersede those of the primary zone.

(Ord. No. 13393, § 2(Exh. A), 10-4-2016; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13241, § 5(Exh. C), 7-1-2014)

17.101C.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. 13241, § 5(Exh. C), 7-1-2014)

17.101C.030 - Permitted and conditionally permitted activities.

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

Limitations on Table 17.101C.01:

L1. Except in the D-BV-1 Zone, Residential Care is permitted if located in a One-Family Dwelling Residential Facility. Residential Care is conditionally permitted if located anywhere in the D-BV-1 Zone; or if located anywhere other than a One-Family Dwelling Residential Facility in the D-BV-2, D-BV-3, or D-BV-4

Zones (see Chapter 17.134 for the CUP procedure). See Section 17.103.010 for other regulations regarding Residential Care and Emergency Shelter Residential Activities.

L2. These activities 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 these activities must meet each of the following additional criteria:

a. A minimum square footage of retail area is part of the overall project, in accordance with Section 17.101C.050C and Section 17.101C.050D; and

b. The retail area encompasses a significant portion of the first floor but can also be part of the second floor and third floor. Incidental pedestrian entrances that lead to other activities in the building are permitted.

L3. See Section 17.101C.040 for limitations on the construction of certain types of new Residential Facilities.

L4. These activities are not permitted if located on the ground floor of a building and within thirty (30) feet of the principal street frontage; incidental pedestrian entrances that lead to one of these activities elsewhere in the building are exempted from this restriction.

L5. If located on the ground floor of a building and within thirty (30) feet from any street-abutting property line facing 23rd Street, 24th Street, 27th Street, Broadway, Piedmont Avenue, or Valdez Street, these activities are only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure). Incidental pedestrian entrances that lead to one of these activities elsewhere in the building are exempted from this Conditional Use Permit requirement. In addition to the CUP criteria contained in Section 17.134.050 these ground-floor activates must also meet each of the following additional criteria:

a. The proposal will not impair a generally continuous wall of building facades;

b. The proposal will not weaken the concentration and continuity of retail facilities at ground level, and will not impair the retention or creation of an important shopping frontage;

c. The proposal will not interfere with the movement of people along an important pedestrian street;

d. The proposal will conform to the Design Guidelines for the Broadway Valdez Specific Plan Area; and

e. The proposal will conform in all significant respects with the Broadway Valdez District Specific Plan.

L6. These activities are prohibited if located on the ground floor of a building and within thirty (30) feet from any street-abutting property line facing Broadway. Incidental pedestrian entrances that lead to one of these activities in stories above the ground floor are exempt from this restriction.

L7. 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 Webster Street area described in Section 17.103.015(A)(3) and subject to the development standards in Sections 17.103.010 and 17.103.015; prohibited if located elsewhere in the zone.

L8. Reserved.

L9. These activities are limited to areas north of Hawthorne Street and west of Broadway. 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.

L10. These activities are prohibited if located on the ground floor of a building and within thirty (30) feet from any street-abutting property line facing Broadway. Incidental pedestrian entrances that lead to one of these activities in stories above the ground floor are exempt from this restriction. If these activities are located above the ground floor or beyond thirty (30) feet of Broadway they are only permitted upon the granting of a Conditional Use Permit (CUP) (see Chapter 17.134 for the CUP procedure), and shall conform to the CUP criteria contained in Section 17.134.050.

L11. If greater than five thousand (5,000) square feet of floor area, these activities are not allowed in new construction unless combined within a retail project that meets the requirements of Section 17.101C.050C and Section 17.101C.050D.

L12. Only these activities can be counted towards the minimum retail floor area that is required to develop Residential Facilities pursuant to Sections 17.101C.050C and 17.101C.050D. For Automobile and Other Light Vehicle Sales and Rental Commercial Activities, only the interior showroom space can be counted toward the residential bonus threshold (space for auto repair, interior/outdoor inventory storage, and outdoor sales is not included).

L13. See Section 17.102.170 for special regulations relating to massage services and Section 17.102.450 for special regulations relating to laundromats.

L14. With the exception of parcels facing Broadway, the total floor area devoted to these activities on the ground floor by any single establishment may only exceed ten thousand (10,000) square feet upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure). However, the total floor area devoted to Consumer Cleaning and Repair on the ground floor 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). In addition to the CUP criteria contained in Section 17.134.050, these conditionally permitted ground floor activities must also meet the additional criteria contained in L5.

er, the total floor area devoted to Consumer Cleaning and Repair on the ground floor 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). In addition to the CUP criteria contained in Section 17.134.050, these conditionally permitted ground floor activities must also meet the additional criteria contained in L5.

L15. 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.

L16. Showrooms associated with these activities must be enclosed. Auto service is only allowed as an accessory activity. These Automobile and Other Light Vehicle Sales and Rental activities must meet each of the following additional criteria:

1. That there will be no outside inventory lots;

2. That auto inventory will be stored either:

• a. inside or on top of the dealership building; or

• b. located at an offsite location that is outside of the D-BV-1, D-BV-2, or D-BV-3 Zones; or

c. within an existing structured parking facility that is within the D-BV-1, D-BV-2, or D-BV-3 Zones; or within a new structured parking facility that is within the D-BV-3 Zone;

3. That the proposal will not impair a generally continuous wall of building facades;

4. That the proposal will not weaken the concentration and continuity of retail facilities at ground level, and will not impair the retention or creation of an important shopping frontage;

5. That the proposal will not interfere with the movement of people along an important pedestrian street;

6. The proposal will conform to the Design Guidelines for the Broadway Valdez Specific Plan Area; and

7. That the proposal will conform in all significant respects with the Broadway Valdez District Specific Plan.

L17. Reestablishment of a discontinued, legal non-conforming Automobile and Other Light Vehicle Gas Station and Servicing and/or Automotive and Other Light Vehicle Repair and Cleaning Commercial Activity may only occur no later than six (6) months after discontinuation of such an activity, per Section 17.114.050(A).

L18. The auto showroom for an approved Automobile and Other Light Vehicle Sales and Rental Commercial Activity and its accessory Automotive and Other Light Vehicle Repair and Cleaning activity are permitted to be on separate lots 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 project must also meet each of the following criteria:

1. The auto repair facility is at, or between, 24th Street and I-580, and the auto showroom is on Broadway;

2. With the exception of the building addition described in criteria 3 below, the auto repair activity is within an existing Nonresidential Facility;

3. The amount of added floor area devoted to the auto repair activity does not exceed twenty percent (20%) of that already existing on the affected lot; and

4. All overnight storage (including inoperable vehicle storage) and auto repair takes place indoors.

L19. Automotive Fee Parking is permitted when located on a lot containing a principal facility or in a multistory parking garage to serve nearby businesses 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, these conditionally permitted ground floor activities must also meet each of the additional criteria contained in L5.

L20. Community Gardens and Botanical Gardens are only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure).

L21. Limited Agriculture is 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, 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;

2. Agricultural chemicals or pesticides will not impact abutting properties or the surrounding neighborhood; and

3. The soil used in growing does not contain any harmful contaminants and the activity will not create contaminated soil.

L22. 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.

L23. Reserved.

L24. Any on-sale and/or off-sale of alcoholic beverages in conjunction with an approved arts, entertainment, or cultural use in these zones does not require a Conditional Use Permit (CUP), but instead shall obtain a Central District Entertainment Venue Permit as described in Oakland Municipal Code Chapter 5.12. Arts, entertainment, and cultural uses include, but are not limited to: bars, cabarets, night clubs, pool halls, bowling alleys, mini-golf, mechanical or electronic games, museums, art galleries, barber shops or salons, nail salons, performing arts centers, auditoriums, theaters, and other similar venues. Any alcoholic beverages sales in conjunction with an approved arts, entertainment, or cultural use must conform to all applicable regulations, including, but not limited to, Oakland Municipal Code Chapter 5.12.

ng alleys, mini-golf, mechanical or electronic games, museums, art galleries, barber shops or salons, nail salons, performing arts centers, auditoriums, theaters, and other similar venues. Any alcoholic beverages sales in conjunction with an approved arts, entertainment, or cultural use must conform to all applicable regulations, including, but not limited to, Oakland Municipal Code Chapter 5.12.

L25. The total floor area devoted to these activities on the ground floor 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). In addition to the CUP criteria contained in Section 17.134.050, these conditionally permitted ground floor activities must also meet the additional criteria contained in L5. See Table 17.101C.03, additional regulation 15, for regulations regarding special ground floor transparency requirements for Medical Service and Animal Care Commercial Activities.

L26. During operating hours, ground floor Artisan Production Commercial Activities shall be open to the public to purchase and view items produced on site. On other floors, these activities shall either be open to the public during operating hours or available by appointment to view and purchase items produced on site.

(Ord. No. 13840, § 2(Exh. A), 5-6-2025; Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13598, § 2(Exh. A), 6-92020; Ord. No. 13596, § 2(Exh. A), 6-2-2020; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13270, § 3(Exh. A), 11-18-2014; Ord. No. 13241, § 5(Exh. C), 7-1-2014)

17.101C.040 - Permitted and conditionally permitted facilities.

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

Limitations on Table 17.101C.02:

L1. See Chapter 17.114, Nonconforming Uses, for additions and alterations to legal nonconforming Residential Facilities, provided, however, that Accessory Dwelling Units are permitted when there is an existing primary Residential Facility on a lot, subject to the provisions of Section 17.103.080 and Chapter 17.88.

L2. When located in a Retail Priority Site, construction of new Residential Facilities is only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure) and when part of a larger project with a minimum square footage of retail area, in accordance with Section 17.101C.050C and Section 17.101C.050D.

L3. Reserved.

L4. Construction of new ground-floor Residential Facilities within thirty (30) feet from any street-abutting property line facing Broadway, 27th Street, or Piedmont Avenue, is only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure). Incidental pedestrian entrances that lead to one of these activities elsewhere in the building are exempted from this Conditional Use Permit requirement.

L5. Construction of new ground-floor Residential Facilities within thirty (30) feet from any street-abutting property line facing Broadway is prohibited. Incidental pedestrian entrances that lead to one of these activities elsewhere in the building are exempt from this restriction.

L6. In the D-BV-3 Zone, Micro Living Quarters may only be located southeast of Harrison Street and Bay Place.

L7. Micro Living Quarters may only be permitted upon the granting of a Conditional Use Permit (CUP) pursuant to the Conditional Use Permit procedure in Chapter 17.134. See Section 17.101C.055 for the definition and requirements of Micro Living Quarters.

L8. In the D-BV-1, D-BV-2, and D BV-3 Zones, no conditional use permit is required for Open Nonresidential Facilities to accommodate either seasonal sales or special events. In the D-BV-4 Zone, no conditional use permit is required for Open Nonresidential Facilities to accommodate Civic Activities, seasonal sales, or special events.

L9. A Drive Through Nonresidential Facility is only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure) and is not permitted to enter or exit onto Broadway, 27[th] Street, Harrison Street, or Piedmont Avenue. No new or expanded Fast-Food Restaurants with DriveThrough Nonresidential Facilities shall be located closer than five hundred (500) feet of an elementary school, park, or playground. See Sections 17.103.030 and 17.103.100 for further regulations regarding Drive-Through Nonresidential Facilities.

L10. See Section 17.128.025 for restrictions on Telecommunication Facilities near Residential or HBX Zones.

L11. See Section 17.103.080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units.

(Ord. No. 13840, § 2(Exh. A), 5-6-2025; Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13677, § 4(Exh. A), 1-182022; Ord. No. 13666, § 3(Exh. A), 11-16-2021; Ord. No. 13435, § 4(Exh. A), 5-2-2017; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13270, § 3(Exh. A), 11-18-2014; Ord. No. 13241, § 5(Exh. C), 7-1-2014)

17.101C.050 - Property development standards.

A.

Zone Specific Standards. Table 17.101C.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 17.101C.03: Property Development Standards

Additional Regulations for Table 17.101C.03:

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

2. If fifty percent (50%) or more of the frontage on one side of the street between two intersecting streets is in any Residential Zone and all or part of the remaining frontage is in any Commercial or Industrial Zone, the required front setback of the commercially or industrially zoned lots is one-half of the minimum front setback required in the Residential Zone. If fifty percent (50%) or more of the total frontage is in more than one Residential Zone, then the minimum front setback on the commercially or industrially zoned lots is onehalf (½) of that required in the Residential Zone with the lesser front setback (see Illustration for Table 17.101C.03 [Additional Regulation 2], below).

Illustration for Table 17.101C.03 [Additional Regulation 2]

• for illustration purposes only

==> picture [407 x 204] intentionally omitted <==

3. The minimum front yard required in the N Combining Zone is four (4) feet from Broadway if the rest of the block fronting Broadway is either vacant or has at least a four (4) foot front setback. Otherwise the front setback shall equal the setback of the existing building on the adjacent lot.

4. The following notes apply to the maximum front yard requirement:

a. The requirements only apply to the construction of new principal buildings.

b. The requirements do not apply to lots containing Recreational Assembly, Community Education, Utility and Vehicular, or Extensive Impact Civic Activities or Automobile and Other Light Vehicle Gas Station and Servicing Commercial Activities as principal activities.

c. Maximum yards apply to seventy-five percent (75%) of the street frontage on the principal street and fifty percent (50%) on other streets, if any. All percentages, however, may be reduced to fifty percent (50%) upon the granting of Regular Design Review approval (see Chapter 17.136 for the design review

procedure). In addition to the Regular Design Review criteria contained in Section 17.136.035, the proposal to reduce to fifty percent (50%) must also meet each of the following additional criteria:

i. The additional yard area abutting the principal street is designed to accommodate publicly accessible plazas, cafes, or restaurants;

ii. The proposal will not impair a generally continuous wall of building facades;

iii. The proposal will not weaken the concentration and continuity of retail facilities at ground-level, and will not impair the retention or creation of an important shopping frontage; and

iv. The proposal will not interfere with the movement of people along an important pedestrian street.

5. Wherever an interior side lot line 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 abuts an interior side lot line in an RM Zone, the setback of the abutting portion of its side lot line is five (5) feet. In the case where an interior side lot line abuts an interior side lot line of any lot located in an RU-1 or RU-2 Zone, a side setback of four (4) feet is required (see Illustration for Table 17.101C.03 [Additional Regulation 5], below). Also, see Section 17.108.130 for allowed projections into setbacks.

Illustration for Table 17.101C.03 [Additional Regulation 5]

• for illustration purposes only

==> picture [411 x 181] intentionally omitted <==

6. See Section 17.108.080 for the required interior side and rear yard, setbacks on a lot containing two (2) or more living units and opposite a legally required living room window.

7. 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 17.101C.03 [Additional Regulation 7], below). Also, see Section 17.108.130 for allowed projections into the setbacks.

Illustration for Table 17.101C.03 [Additional Regulation 7]

• for illustration purposes only

==> picture [329 x 240] intentionally omitted <==

8. 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.

9. When a rear lot line 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 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.

10. This percentage of transparency is only required for principal buildings that include ground-floor Nonresidential Facilities, and only applies to the facade facing the principal street. The regulations only apply to facades located within twenty (20) feet of a street frontage. The area of required transparency is between two (2) feet and nine (9) feet in height of the ground floor and must be comprised of clear, nonreflective windows that allow views out of indoor activity space or lobbies (see Illustration for Table 17.101C.03 [Additional Regulation 10], below). Areas required for garage doors shall not be included in the calculation of facade area (see Note 12 for limitations on the location of parking access). Glass block does not qualify as a transparent window. Exceptions to this regulation may be allowed by the Planning Director for unique facilities such as convention centers, gymnasiums, parks, gas stations, theaters, and other similar facilities.

Illustration for Table 17.101C.03 [Additional Regulation 10] * for illustration purposes only

==> picture [349 x 121] intentionally omitted <==

11. This height is required for new principal buildings that include ground floor Nonresidential Facilities, and is measured from the sidewalk grade to the second story floor.

12. For the new construction of principal buildings in the D-BV-1, D-BV-2, D-BV-3 Zone, and N Combining Zone, access to parking and loading facilities through driveways, garage doors, or other means shall not be from the principal street when alternative access is available 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.

rough driveways, garage doors, or other means shall not be from the principal street when alternative access is available 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.

13. For the new construction of principal buildings in the D-BV-1, D-BV-2, D-BV-3 Zone, and N Combining Zone, ground level parking spaces, locker areas, mechanical rooms, and other non-active spaces shall not be located within thirty (30) feet of the front of the principal building, except for incidental entrances to such activities elsewhere in the building. Exceptions to this regulation may be permitted by the Planning Director for utilities and trash enclosures that cannot be feasibly placed in other locations of the building. Driveways, garage entrances, or other access to parking and loading facilities may be located on the ground floor of this area as regulated by Additional Regulation 12, above.

14. Vehicular Residential Facilities shall be located a minimum of thirty (30) feet from the street or be located behind a building. See Section 17.103.085 for additional setback and separation requirements for Vehicular Residential Facilities.

B.

Height, Floor Area Ratio (FAR), Density, and Open Space. Table 17.101C.04 below prescribes height, Floor Area Ratio (FAR), density, 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 the regulation is not applicable to the specified Height Area.

15. For ground floor Medical Service and Animal Care Commercial Activities, this level of transparency shall apply to the street-fronting adjacent spaces, such as reception, lobby, and waiting areas. Medical treatment rooms shall not face the street.

Table 17.101C.04 Height, Floor Area Ratio (FAR), Density, and Open Space Regulations

• See Tables 17.101C.05 and 17.101C.06 for minimum retail square footage required and for potentially greater heights, stories, FAR, and residential bonus for mixed use, residential developments, or taller Non-residential Facilities in the Height Area 45* when part of a large project that involves major retail development.

Additional Regulations for Table 17.101C.04:

1. Buildings 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 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 (see Illustration for Table 17.101C.04 [Additional Regulation 1], 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 17.101C.04 [Additional Regulation 1]

• for illustration purposes only

==> picture [227 x 181] intentionally omitted <==

2. See Tables 17.101C.05 and 17.101C.06 for minimum retail square footage required and for potentially greater heights, stories, FAR, and residential bonus for mixed use, residential developments, or taller Nonresidential Facilities in the Height Area 45* when part of a large project that involves major retail development. There are five (5) Retail Priority Sites that comprise Height Area 45*. Priority Sites 3 and 5 are further divided into subareas a, b, and c, and Priority Site 4 is divided into subareas a and b. Each Priority Site and subarea has a specified minimum square footage of retail required prior to Residential Activities and Facilities being permitted, as well as taller Nonresidential Facilities.

3. The numbers to the right of the slash (/) are only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure).

4. The allowed projections into the height limits contained in Section 17.108.030 are not counted towards the height minimum.

5. 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.

6. For mixed use projects the allowable intensity of development shall be measured according to both the maximum nonresidential Floor Area Ratio (FAR) allowed by the zone and the maximum residential density allowed by the zone. The total lot area shall be used as a basis for computing both the maximum nonresidential FAR and the maximum residential density.

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

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

b. Openness. There shall be no obstructions above the space except for devices to enhance its usability, such as pergola or awning structures. There shall be no obstructions over ground-level private usable open space except that not more than fifty percent (50%) of the space may be covered by a private balcony projecting from a higher story. Above-ground-level private usable open space shall have at least one exterior side open and unobstructed, except for incidental railings or balustrades, for eight (8) feet above its floor level.

c. Usability. A surface shall be provided which prevents dust and allows convenient use for outdoor activities. Such surface shall be any practicable combination of lawn, garden, flagstone, wood planking, concrete, asphalt or other serviceable, dust free surfacing. Slope shall not exceed ten percent (10%). Offstreet parking and loading areas, driveways, and service areas shall not be counted as usable open space. Adequate safety railings or other protective devices shall be erected whenever necessary for space on a roof, but shall not be more than the minimum height required by the Oakland Building Code.

d. Accessibility. Usable open space, other than private usable open space, shall be accessible to all the living units on the lot. It shall be served by any stairway or other accessway qualifying under the Oakland Building Code as an egress facility from a habitable room. Private usable open space may be located anywhere on the lot. Above-ground-level space may be counted even though it projects beyond a street line. All private usable open space shall be adjacent to, and not more than four (4) feet above or below the floor level of, the living unit served. Private usable open space shall be accessible to only one living unit by a doorway to a habitable room or hallway.

e. Landscaping requirements. At least ten percent (10%) of rooftop or courtyard usable open space area shall include landscaping enhancements. At least twenty percent (20%) of public ground-level plaza area shall include landscaping enhancements. Landscaping enhancements shall consist of permanent features, such as trees, shrubbery, decorative planting containers, fountains, boulders or artwork (sculptures, etc.) The remainder of the space shall include user amenities such as seating, decorative paving, or playground structures.

ements. At least twenty percent (20%) of public ground-level plaza area shall include landscaping enhancements. Landscaping enhancements shall consist of permanent features, such as trees, shrubbery, decorative planting containers, fountains, boulders or artwork (sculptures, etc.) The remainder of the space shall include user amenities such as seating, decorative paving, or playground structures.

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

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

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

C.

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

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

Additional Regulations for Table 17.101C.05:

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

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

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

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

ii. Internal pedestrian stairs, corridors, and circulation;

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

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

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

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

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

i. Loading dock;

ii. Parking;

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

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

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

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

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

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

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

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

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

5. For a bonus of residential units, the State Density Bonus can be applied by providing affordable housing units (see California Government Code, Section 65915-65918, as implemented by Chapter 17.101 of the Oakland Planning Code) or an applicant can utilize the following residential bonus within a Retail Priority Zone. However, these bonuses cannot be combined. The affordable units can be built on site or on another site within any D-BV Zone. The residential bonus shall not be included when determining the number of target units that must be affordable to the relevant income group. If fifteen percent (15%) of the total Dwelling Units of a Residential Housing Development are affordable, an additional residential bonus of thirty-five percent (35%) will be granted when an applicant for a Residential Housing Development seeks, and agrees to construct, at least any one of the following categories (which are defined in Section 17.107.020 (K), the following definitions in Section 17.107.020 (A)(B)(J)(M) also apply, and all of the provisions of Sections 17.107.110 - 17.107.114 must be met):

a. Lower Income Households; or

b. Very Low Income Households; or

c. A common interest development as defined in Section 1351 of the California Civil Code, for persons and families of Moderate Income, provided that all units in the development are offered to the public for purchase.

6. In the Retail Priority Areas, an exception to the minimum retail square footage required to receive the bonus right to residential units may be granted only upon determination that the proposal conforms to the general use permit criteria contained in Section 17.134.050, to any applicable use permit criteria set forth in Table 17.101C.01 Note L2, and to each of the following additional criteria:

a. The applicant submits an architectural study, prepared by a qualified architectural firm, that demonstrates at least one or more alternatives would be physically infeasible due to operational and/or site constraints if it were to meet the minimum retail square footage specified;

b. Strict compliance with the minimum retail square footage would preclude an effective design solution improving livability, operational efficiency, or appearance; and

c. The project will remain consistent with the Broadway Valdez District Specific Plan goals and policies related to retail development as well as its Design Guidelines.

D.

Retail Priority Sites: Height, Floor Area Ratio (FAR), Residential Bonus, and Open Space. Table 17.101C.06 below prescribes height, FAR, residential bonus, and open space, standards associated with the minimum retail area required in the Retail Priority Sites described in Table 17.101C.05 above. The number designations in the "Additional Regulations" column refer to regulations below the table. "N/A" designates the regulation is not applicable to the specified retail percentage category.

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

Additional Regulations for Table 17.101C.06:

1. An applicant that provides a retail project that equals at least sixty percent (60%) of the square footage of the Retail Priority Site shall also be granted: (a) a maximum height of two hundred (200) feet and an FAR of 8.0; or (b) a maximum height of two hundred fifty (250) feet and a FAR of 10.0 for no more than: (i) one building within 100 feet of 23[rd ] Street and/or within the vacant portion of the block bounded by 23[rd] Street, Valdez Street, 24[th ] Street, and Waverly Street; and (ii) one building within the block bounded by 23 rd Street, Waverly Street, 24 th Street, and Harrison Street.

2. See additional regulations in Table 17.101C.05 numbers 2-6.

3. 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.

4. The overall number of residential units cannot exceed the General Plan density allowance of eightyseven (87) square feet of lot area per principal unit.

5. The following apply to open space standards:

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

b. Openness. There shall be no obstructions above the space except for devices to enhance its usability, such as pergola or awning structures. There shall be no obstructions over ground-level private usable open space except that not more than fifty percent (50%) of the space may be covered by a private balcony projecting from a higher story. Above-ground-level private usable open space shall have at least one exterior side open and unobstructed, except for incidental railings or balustrades, for eight (8) feet above its floor level.

c. Usability. A surface shall be provided which prevents dust and allows convenient use for outdoor activities. Such surface shall be any practicable combination of lawn, garden, flagstone, wood planking, concrete, asphalt or other serviceable, dust free surfacing. Slope shall not exceed ten percent (10%). Offstreet parking and loading areas, driveways, and service areas shall not be counted as usable open space. Adequate safety railings or other protective devices shall be erected whenever necessary for space on a roof, but shall not be more than four (4) feet high.

den, flagstone, wood planking, concrete, asphalt or other serviceable, dust free surfacing. Slope shall not exceed ten percent (10%). Offstreet parking and loading areas, driveways, and service areas shall not be counted as usable open space. Adequate safety railings or other protective devices shall be erected whenever necessary for space on a roof, but shall not be more than four (4) feet high.

d. Accessibility. Usable open space, other than private usable open space, shall be accessible to all the living units on the lot. It shall be served by any stairway or other accessway qualifying under the Oakland Building Code as an egress facility from a habitable room. Private usable open space may be located anywhere on the lot except that ground-level space shall not be located in a required minimum front yard and except that above-ground-level space shall not be located within five (5) feet of an interior side lot line. Above-ground-level space may be counted even though it projects beyond a street line. All private usable open space shall be adjacent to, and not more than four (4) feet above or below the floor level of, the living unit served. Private usable open space shall be accessible to only one living unit by a doorway to a habitable room or hallway.

e. Landscaping requirements. At least ten percent (10%) of rooftop or courtyard usable open space area shall include landscaping enhancements. At least twenty percent (20%) of public ground-level plaza area shall include landscaping enhancements. Landscaping enhancements shall consist of permanent features, such as trees, shrubbery, decorative planting containers, fountains, boulders or artwork (sculptures, etc.). The remainder of the space shall include user amenities such as seating, decorative paving, or playground structures.

6. In-Lieu Fee: The open space requirements of this Section may be reduced or waived upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure) and payment of an in-lieu fee to the City of Oakland. The open space in-lieu fee shall be as set forth in the Master Fee Schedule. Open

space in-lieu fees shall be deposited with the City of Oakland prior to issuance of a building permit. An open space in-lieu fee may be refunded, without interest, to the person who made such payment, or his assignee or designee, if additional open space is provided for such building so as to satisfy the open space requirement for which the in-lieu payment was made. To obtain a refund, the required open space must be in place prior to issuance of a certificate of occupancy and before funds are spent or committed by the City.

y be refunded, without interest, to the person who made such payment, or his assignee or designee, if additional open space is provided for such building so as to satisfy the open space requirement for which the in-lieu payment was made. To obtain a refund, the required open space must be in place prior to issuance of a certificate of occupancy and before funds are spent or committed by the City.

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

(Ord. No. 13840, § 2(Exh. A), 5-6-2025; Ord. No. 13779, § 2(Exh. A), 1-16-2024; Ord. No. 13763, § 5, 10-32023; Ord. No. 13677, § 4(Exh. A), 1-18-2022; Ord. No. 13666, § 3(Exh. A), 11-16-2021; Ord. No. 13393, § 2(Exh. A), 10-4-2016; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13241, § 5(Exh. C), 7-1-2014)

17.101C.055 - Micro Living Quarters.

A.

Definition. For the purposes of the D-BV Zone Chapter only, the following definition is added as a facility type. Definitions for other facility types are contained in the Oakland Planning Code Chapter 17.10.

1.

"Micro Living Quarters" mean one or more rooms located in a multiple-tenant building having an average net floor area of one hundred seventy-five (175) square feet, but a minimum size of one hundred fifty (150) square feet of net floor area, and occupied by a permanent residential activity. Bathroom facilities, which include toilet and sink, as well as shower and/or bathtub, are required to be located within each individual Micro Living Quarter. Cooking facilities are not allowed to be located within each individual Micro Living Quarter, and shared kitchen facilities are required within close proximity on the same building floor. The maximum number of Micro Living Quarters within a building shall not be regulated by residential density limits in the corresponding zone, but instead shall be established through the application of the Micro Living Quarters required average size (one hundred seventy-five (175) square feet); the Floor Area Ratio

(FAR) limits specified in the corresponding zone; all other applicable development regulations establishing the buildable envelope in the corresponding zone including, but not limited to, maximum height and minimum setbacks; and the requirements of the Building and Fire Codes.

B.

Requirements. The following are requirements for Micro Living Quarters.

The number of off-street parking spaces, bicycle parking, and amount of open space required for Micro Living Quarters shall be based on the requirements for a Rooming House Residential Facility type in the corresponding zone.

2.

Micro Living Quarters shall only be allowed as part of an application for new construction of a multi-tenant building, or alteration of an existing Potentially Designated Historic Property (PDHP) or property listed in the City of Oakland's Local Register of Historical Resources as defined in Policy 3.8 of Oakland's General Plan Historic Preservation Element that is a Nonresidential Facility or Multifamily Dwelling Residential Facility.

3.

Shared recreational area, with seating or other similar amenities, shall be required in the interior of the Micro Living Quarter building equaling a minimum of five (5) square feet per individual Micro Living Quarter or two hundred fifty (250) square feet whichever is greater. A shared kitchen may be open to a shared recreation area if it is adjacent to and directly accessible from such shared kitchen facilities. Kitchen counters, cabinets, sinks, and appliances, and the floor area that encompasses an assemblage of these items, shall not be included in the calculation of minimum required shared recreational area. Shared laundry facilities or

other similar utilitarian spaces shall also not be included in the calculation of minimum required shared recreational area. The minimum width in this shared recreational area shall be twelve (12) feet. The interior shared recreational area shall be accessible to all tenants of the Micro Living Quarter building.

4.

All common areas, including but not limited to shared kitchens, interior recreational area, and outdoor open space, shall be maintained by the building management.

5.

Demolition of a property listed in the City of Oakland's Local Register of Historical Resources as defined in Policy 3.8 of Oakland's General Plan Historic Preservation Element is not allowed in order to build Micro Living Quarters.

6.

Use Permit Criteria. A Conditional Use Permit for Micro Living Quarters may only be granted upon determination that the proposal conforms to the general use permit criteria set forth in the Conditional Use Permit procedure in Chapter 17.134, and to each of the following additional use permit criteria:

a.

The proposal will not detract from the character desired for the area;

b.

The proposal will not impair a generally continuous wall of building facades;

c.

The proposal will not weaken the concentration and continuity of retail facilities at ground level, and will not impair the retention or creation of an important shopping frontage;

d.

The proposal will not interfere with the movement of people along an important pedestrian street; and

e.

The proposal will conform in all significant respects with the Broadway Valdez District Specific Plan.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13241, § 5(Exh. C), 7-1-2014)

17.101C.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 D-BV 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. 13241, § 5(Exh. C), 7-1-2014)

Editor's note— Ord. No. 13677, § 4(Exh. A), adopted Jan. 18, 2022, amended the title of § 17.101C.060 to read as herein set out. The former § 17.101C.060 title pertained to special regulations for Mini-Lot and Planned Unit Developments.

17.101C.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 D-BV Zones.

D.

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

E.

Landscaping and Screening Standards. The regulations set forth in Chapter 17.124 shall apply in the D-BV 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. 13241, § 5(Exh. C), 7-1-2014)

Chapter 17.101D - D-KP KAISER PERMANENTE OAKLAND MEDICAL CENTER DISTRICT ZONES REGULATIONS

Sections:

17.101D.010 - Title, purpose and applicability.

A.

Title and Purpose. The provisions of this Chapter shall be known as the D-KP Kaiser Permanente Oakland Medical Center District Zones Regulations. This Chapter establishes land use regulations for the D-KP-1, D-KP-2 D-KP-3 and D-KP-4 Zones. The purposes of the Kaiser Permanente Oakland Medical Center Zones are to:

1.

Replace the Oakland Medical Center with a new, state of the art facility to serve Kaiser Permanente's Oakland and Alameda membership;

2.

Comply with state requirements under SB 1953 mandating the seismic upgrade or replacement of the Oakland Medical Center hospital;

3.

Update and modernize the Oakland Medical Center's patient care and administrative service space to meet Kaiser Permanente's current standards;

Ensure that the Oakland Medical Center will be architecturally and functionally integrated, and that the Oakland Medical Center will be compatible with the existing neighborhood;

5.

Provide a framework of development standards that takes into account the scale, massing and content of the surrounding community;

6.

Provide a set of procedures and practices to review and consider future design of new building construction.

B.

Description of Zones. This Chapter establishes land use regulations for the following four (4) zones:

1.

D-KP-1 Kaiser Permanente Oakland Medical Center District - 1 Commercial Zone: The D-KP-1 Zone is intended for those properties north of MacArthur Boulevard and west of Broadway.

2.

D-KP-2 Kaiser Permanente Oakland Medical Center District - 2 Commercial Zone: The D-KP-2 Zone is intended for those properties south of MacArthur Boulevard.

3.

D-KP-3 Kaiser Permanente Oakland Medical Center District - 3 Commercial Zone: The D-KP-3 Zone is intended for those properties north of MacArthur Boulevard and east of Broadway.

4.

D-KP-4 Kaiser Permanente Oakland Medical Center District - 4 Residential Zone: The D-KP-4 Zone is intended for those single family residential properties on the east side of Manila Avenue and will have the permitted uses further restricted during time the properties remain a part of the Kaiser Permanente Oakland Medical Center.

C.

The Kaiser Permanente Oakland Medical Center Zoning District is applied as an overlay district for those properties which are not owned by Kaiser Permanente. The existing zoning designation shall remain as the applicable zoning district, and the zoning regulations associated with that zoning district shall govern all development and use of the property until Design Review for the parcel/lot is approved by the City in accordance with the provisions of the D-KP District, with the consent of the property owner. Upon approval of Design Review, the zoning standards, guidelines, regulations and other requirements for the development and use of property within the applicable D-KP District and the adopted conditions of approval or mitigation monitoring program shall govern the use and development of that property.

(Ord. No. 13393, § 2(Exh. A), 10-4-2016; 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)

17.101D.020 - Special regulations governing use and development in the D-KP-4 Zone.

A.

The properties in the D-KP-4 Zone that are zoned RU-3 shall be subject to the regulations of the RU-3 Residential Zone, except that while the properties are included as a part of the Kaiser Permanente Oakland Medical Center, the properties may only be used for the following activities: (i) single family residential uses; (ii) sleeping rooms for medical center staff; or (iii) temporary housing for families of members receiving longterm care at the Kaiser Permanente Oakland Medical Center.

B.

The existing single family residential buildings on the east side of Manila within the D-KP-4 Zone shall remain.

(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)

17.101D.030 - Permitted and conditionally permitted activities.

Table 17.101D.01 lists the permitted, conditionally permitted, and prohibited activities in the D-KP-1, D-KP2, and D-KP-3 Zones. The descriptions of these activities are contained in Chapter 17.10.

"P" designates permitted activities in the corresponding zone.

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

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

Table 17.101D.01 Permitted and Conditionally Permitted Activities

Limitations on Table 17.101D.01:

L1. 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.

L2. See Section 17.102.170 for special regulations relating to massage services and Section 17.102.450 for special regulations relating to laundromats.

L3. 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.

L4. Limited Agriculture is 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, 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;

2. Agricultural chemicals or pesticides will not impact abutting properties or the surrounding neighborhood; and

3. The soil used in growing does not contain any harmful contaminants and the activity will not create contaminated soil.

L5. 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.

L6. 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); permitted upon the granting of a Conditional Use Permit if located elsewhere in the zone subject to the standards in Section 17.103.010.

(Ord. No. 13763, § 5, 10-3-2023; 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. 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)

17.101D.040 - Permitted and conditionally permitted facilities.

Table 17.101D.02 lists the permitted, conditionally permitted, and prohibited facilities in the D-KP-1, D-KP2, and D-KP-3 Zones. The descriptions of these activities are contained in Chapter 17.10.

"P" designates permitted activities in the corresponding zone.

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

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

Table 17.101D.02 Permitted and Conditionally Permitted Facilities

Limitations on Table 17.101D.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 17.103.030 and 17.103.100 for further regulations regarding Drive-Through Nonresidential Facilities.

L2. No Conditional Use Permit (CUP) is required for Open Nonresidential Facilities to accommodate Civic Activities, seasonal sales, or special events.

L3. See Section 17.103.080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units.

(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. 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. 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)

17.101D.050 - Required Master Plan conformance and design review.

A.

Substantial Conformance to the Kaiser Permanente Oakland Medical Center Master Plan is required for all projects in the D-KP-1, D-KP-2, and D-KP-3 Zones.

B.

Except for projects that are exempt from design review as set forth in Section 17.136.025. No Building Facility, 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 section 17.101D.060.

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

17.101D.060 - Design review.

A.

Design Review Application.

1.

Pre-Application Conference: Prior to application for design review, the applicant or his or her representative shall have a conference with a representative of the City Planning Department before or at an early stage in the design process to review the proposed project for consistency with the adopted Kaiser Permanente Oakland Medical Center Master Plan. At the conference, the City representative shall provide information about applicable design review criteria and pertinent procedures, including the opportunity for advice from outside design professionals. Where appropriate the City representative may also informally discuss possible design solutions, point out potential neighborhood concerns, and mention local organizations which the applicant is encouraged to contact before finalizing the proposal.

2.

Application for Design Review: Application for design review shall be made by the owner of the affected property, or his or her authorized agent, on a form prescribed by the Planning and Building Department and shall be filed with such Department. The application shall be accompanied by such information as may be required to allow applicable criteria to be applied to the proposal, and by the fee prescribed in the City's Master Fee Schedule. Such information may include, but is not limited to, site and building plans, elevations, and relationships to adjacent properties.

B.

Exemptions from Design Review. The following changes to existing nonresidential buildings are exempt from design review:

1.

Any alteration or addition of existing floor area or footprint area determined by the Director of City Planning to be not visible from the street or from other public areas. An alteration or addition will normally be

considered "not visible from the street or from other public areas" if it does not affect any street face or public face of a building or is located more than forty (40) feet from any street line, public path, park or other public area;

2.

Alterations or additions of floor area or footprint that are determined by the Director of City Planning to be visible from the street or from other public areas, but which comprise less than twenty-five thousand (25,000) square feet or ten percent (10%) of the total floor area, whichever is smaller;

3.

A change of sign face copy or new sign face so long as the structure and framework of the sign remain unchanged and the new sign face duplicates the colors of the original or, in the case of an internally illuminated sign, the letter copy is light in color and the background is dark;

4.

Any alteration or addition not normally exempt which is used as a loading dock, recycling area, utility area, porch, deck or similar open structure addition that is no higher than six (6) feet above finished grade, less than five hundred (500) square feet in floor or footprint area, and has no significant visual or noise impact to neighboring properties or from a public street. Exemptions only permitted where the proposal conforms with all buffering requirements in Chapter 17.110 and all performance standards in Chapter 17.120;

5.

The alteration or addition is on a roof and does not project above the parapet walls.

C.

Small Project Design Review. "Small project design review" means design review for minor alterations or additions to existing facilities that do not require a Subsequent or Supplemental EIR nor any other permit, variance or other approval pursuant to the zoning regulations of Title 17 of the Oakland Planning Code.

1.

Definition of Small Projects. Small Projects are limited to one or more of the following types of work:

a.

New or modified signs, excluding advertising signs; signs extending above the roofline; and multi-tenant freestanding signs;

b.

New or modified awnings;

c.

Color changes to buildings, signs, awnings or other facilities;

d.

Changes to storefronts or ground floor facades limited to replacement or construction of doors, windows; bulkheads and nonstructural wall infill; or installation or replacement of security grilles or gates; provided, however, they do not involve properties considered to be Historic Resources as defined by CEQA Guidelines section 15064.5 (14 CFR section 15064.5) and the City's Historic Preservation Element Policy 3.8;

e.

Installation of flags or banners having any permanent structure within the public right of way;

f.

Fences.

2.

Procedure for Consideration of Small Project Design Review: An application for Small project design review shall be considered by the Director of City Planning.

a.

The Director shall determine whether the proposal conforms to the applicable design review criteria and also is in substantial conformance to the Kaiser Permanente Oakland Medical Center Master Plan.

b.

The Director may approve or disapprove the proposal and may require such changes therein or impose such reasonable conditions of approval as are in his or her judgment necessary to ensure conformity to said criteria.

c.

The Director's decision shall be in writing, shall be final immediately and is not appealable.

d.

Whenever an application for Small project design review has been denied by the Director of City Planning, no Small project design review application for essentially the same proposal affecting the same property, or any portion thereof, shall be filed within one year after the date of denial; provided, however, that such proposal may be resubmitted as an application for Regular design review within one year of denial in accordance with Section 17.136.120.

D.

Regular Project Design Review. Unless determined exempt or subject to Small project design review pursuant to Section 17.101D.040 B or C above, no building, sign or other facility shall be constructed or established or altered in such a manner as to substantially affect its exterior appearance unless plans for such proposal have been approved pursuant to the following Regular Design Review procedures:

Reviewing Body:

a.

If the project requires preparation of a Subsequent or Supplemental Environmental Impact Report, or involves more than twenty-five thousand (25,000) square feet of floor area, or includes a proposed skybridge, the Director of City Planning shall refer the application to the City Planning Commission for an initial decision.

b.

All other applications for Regular design review shall be considered by the Director of City Planning. However, the Director may, at his or her discretion, refer the application to the City Planning Commission for an initial decision rather than acting on it himself or herself.

2.

Procedure for Consideration of Design Review: Applications for design review shall be considered by the Director of City Planning or the Planning Commission according to the following procedures:

a.

Decisions by the Planning Commission shall be made at a public hearing. At his or her discretion, the Director of City Planning may hold an administrative hearing for projects under his or her review.

b.

Notice of public and/or administrative hearings shall be given by posting notices thereof within three hundred (300) feet of the property involved in the application; notice shall also be given by mail or delivery to all 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. Notice shall also be given by e- mail, mail or delivery to all persons previously requesting to be notified of actions related to the Kaiser OMC Campus through public workshops, community meetings or other direct requests to the Planning and Building Department. All such notices shall be given not less than seventeen (17) days prior to the date set for the hearing, if such is to be held, or, if not, for decision on the application by the Director or the Commission, as the case may be.

c.

The Director or the Commission may seek the advice of outside design professionals and/or refer the matter to the City's Landmark's Preservation Advisory Board if Historic Resources may potentially be affected.

d.

The Director or the Commission, as the case may be, shall determine whether the proposal conforms to the applicable design review criteria and also is in substantial conformance to the Kaiser Permanente Oakland Medical Center Master Plan, and may approve or disapprove the proposal or require such changes therein or impose such reasonable conditions of approval as are in his or her or its judgment necessary to ensure conformity to said criteria.

e.

A determination by the Director shall become final ten (10) days after the date of decision unless appealed to the City Planning Commission in accordance with the procedures in Section 17.136.080. The decision of the Planning Commission on appeal is final and is itself not appealable.

f.

An initial decision of the Commission shall become final ten (10) days after the date of decision unless appealed to the City Council in accordance with the procedures in Section 17.136.090.

E.

Design Review Criteria. Design review approval may be granted only if the proposal is in substantial conformance to the Kaiser Permanente Oakland Medical Center Master Plan including without limitation its goals, objectives, principles and guidelines, and also conforms to all of the following criteria:

a.

That the proposal will help achieve or maintain a group of facilities which are well related to one another and which, when taken together, will result in a well-composed design, with consideration given to site, landscape, bulk, height, arrangement, texture, materials, colors, and appurtenances; the relation of these factors to other facilities in the vicinity; and the relation of the proposal to the total setting as seen from key points in the surrounding area. Only elements of design which have some significant relationship to outside appearance shall be considered; and

b.

That the proposed design will be of a quality and character which harmonizes with, and serves to protect the value of, private and public investments in the area; and

c.

That the proposed design conforms in all significant respects with the Oakland General Plan and with any applicable district plan or development control map which has been adopted by the City Council; and

d.

That any proposed retaining wall is consistent with the overall building and site design and respects the natural landscape and topography of the site and surrounding areas, and that the retaining wall is responsive to human scale, avoiding large, blank, uninterrupted or un-designed vertical surfaces.

F.

Adherence to Approved Plans. A design review approval shall be subject to the plans and other conditions upon the basis of which it was granted and shall terminate in accordance with Section 17.136.100.

G.

Revocation/Enforcement. In the event of a violation of any of the provisions of the zoning regulations, or in the event of a failure to comply with any prescribed condition of approval, or if the activity causes a public nuisance, the City may, after holding a public hearing, revoke any design review approval or other approval or take other enforcement actions in accordance with the procedures in Chapter 17.152.

H.

Review by Landmarks Board. A design review application may be subject to review by the Landmarks Preservation Advisory Board in accordance with Section 17.136.040.

I.

Design Review and Other Approvals. Whenever design review approval is required for a proposal also requiring a conditional use permit, or Planned Unit Development (PUD) permit or variance, the application for design review shall be included in the application to said permit and shall be processed and considered as part of same, in accordance with Section 17.136.120.

(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. 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)

17.101D.070 - Design review application.

The application for design review for one or more Campus Zones shall include the following:

1.

Streets, driveways, sidewalks, pedestrian and bike ways, and off-street parking and loading areas, including integration with surrounding uses.

2.

Location and dimensions of structures.

3.

Major landscaping features, including trees protected by Oakland Municipal Code Chapter 12.36, as it may be amended.

4.

Creeks Protected by Oakland Municipal Code Chapter 13.16, as it may be amended.

5.

The presence of any historic resources pursuant to the City's Historic Preservation Element Policy 3.8 or as defined in Section 15064.5 of Title 14 of the California Code of Regulations.

6.

Plan and elevation drawings establishing the scale, character, and relationship of buildings, streets, and open spaces, and a description of all exterior building materials.

7.

A tabulation of the land use area and gross floor area to be devoted to health care and retail uses, if any.

8.

A public services and facilities plan including proposed location, extent and intensity of essential public services and facilities such as public streets and transit facilities, pedestrian access, bikeways, sanitary sewer service, water service, storm drainage structures, solid waste disposal and other utilities and a table comparing the descriptions to the existing location, extent and intensity of such essential public facilities and services.

9.

If required, a Phasing Plan generally depicting projected development time frames sufficient to illustrate the relationship between the phasing of development and the provision of public facilities and services and parking.

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

17.101D.080 - Master Plan amendment.

A.

The City Council shall not amend the Kaiser Permanente Oakland Medical Center Master Plan until after it has received, pursuant to this procedure, a recommendation from the Planning Commission. The purpose of these provisions is to set forth the procedure by which amendments may be made to the Kaiser Permanente Oakland Medical Center Master Plan.

1.

Private Party Initiation. The owner of any property with a D-KP Zone, or his or her authorized agent, may make application to the City Planning Commission to amend the Kaiser Permanente Oakland Medical Center Master Plan.

2.

Commission Initiation. The City Planning Commission may, and upon request of the City Council, initiate a Kaiser Permanente Oakland Medical Center Master Plan amendment. Such initiation shall be for the purpose of reviewing the merits of the proposal and shall not imply advocacy by the Commission for amendment.

B.

A private party application shall be made by the owner of the affected property, or his or her authorized agent, on a form prescribed by the City Planning Department and shall be filed with such Department. The application shall be accompanied by the fee prescribed in the City's Master Fee Schedule. Upon receipt of a completed application, the Director shall, within a reasonable period of time, schedule a public hearing before the Planning Commission. The Director or the Commission may seek the advice of outside design professionals and/or refer the matter to the City's Landmark's Preservation Advisory Board if Historic Resources may be affected.

C.

In the case of initiation by the City Planning Commission or initiation by a private party, the Commission shall, within ninety (90) days from the date the submittal is deemed complete, hold a public hearing on the proposal. The Director or the Commission may seek the advice of outside design professionals and/or refer the matter to the City's Landmark's Preservation Advisory Board if Historic Resources may be affected. The Commission shall, in every case, make a recommendation to the City Council for appropriate action.

D.

Upon receipt of a recommendation from the City Planning Commission, the City Council shall set the date for consideration of the matter. The Council may approve, modify, or disapprove the Commission's recommendations, as the case may be. The decision of the City Council shall be made by resolution and shall be final.

E.

Notice of public hearings required herein shall be given by (1) newspaper; (2) posting notices thereof within three hundred (300) feet of the property involved in the application; and (3) by mail or delivery to all owners and occupants of 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. Notice shall also be given by e-mail, mail or delivery to all persons previously requesting to be notified of actions related to the Kaiser OMC Campus through public workshops, community meetings or other direct requests to the Planning and Building Department. All such notices shall be given not less than seventeen (17) days prior to the date set for the hearing on the application before the Commission or City Council, as the case may be.

F.

Whenever a private party application has been denied by the City Council, no such application for the same proposal shall be filed within one year after the date of denial.

(Ord. No. 13778, § 2(Exh. A), 1-16-2024; Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13064, § 2(Exh. A), 3- 15-2011; Ord. No. 12999, § 4(Exh. A), 3-16-2010)

17.101D.090 - Minimum lot area width and frontage.

The following table contains the minimum lot area, width and frontage requirements for the zones in this Chapter:

Lot width and frontage for D-KP-4 based on the RU-3 Zone.

(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)

17.101D.100 - Maximum floor area.

The maximum floor area for the aggregate of all the D-KP zoned properties shall not exceed 1.76 million square feet excluding parking structures. This includes approximately four hundred thirty-two thousand three hundred (432,300) square feet of existing buildings not to be redeveloped (the Piedmont, Howe, Fabiola, Mosswood and Kings Daughter Mental Health buildings) and a maximum of one million three hundred fifty-three thousand (1,353,000) square feet of new construction. The following floor area requirements will ensure that density of new construction is appropriately distributed throughout the D-KP Zones.

A.

The maximum floor area of new construction in the D-KP-1 Zone shall be one hundred seventy-two thousand seven hundred (172,700) square feet (one hundred sixty-five thousand (165,000) square feet of medical office space and a maximum of seven thousand seven hundred (7,700) square feet retail).

B.

The maximum floor area of new construction in the D-KP-2 Zone shall be nine hundred fifty-seven

thousand (957,000) square feet. An additional sixty thousand (60,000) square feet of space may be added to this building (to a maximum of one million one hundred seven thousand (1,107,000) square feet) provided that Kaiser submit a schematic development plan that delineates the development program for Phase 3. In order to qualify for this option, the schematic development plan for Phase 3 must be submitted for review by the City Planning Commission prior to occupancy of the Phase 2 parking garage.

C.

The maximum floor area of new construction in the D-KP-3 Zone shall be two hundred twenty-three thousand (223,000) square feet. However, should Kaiser select to add the additional sixty thousand (60,000) square feet of space to Phase 2 as described in Subsection B. above, then the maximum floor area of

Phase 3 would be correspondingly reduced by as much as sixty thousand (60,000), to a maximum of one hundred sixty-three thousand (163,000) square feet.

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

17.101D.110 - Maximum height for new construction.

The maximum heights for new construction in the D-KP Zones shall be as follows, except as permitted in Section 17.108.030 for allowed projections above height limits and Section 17.108.020 for increased height limits in certain situations:

A.

In the D-KP-1 Zone, the maximum building height for the Medical Office Building shall be eighty-five (85) feet. The maximum height of any freestanding parking structure shall be forty-one (41) feet (two (2) stories of parking above ground floor retail, with rooftop parking allowed).

B.

In the D-KP-2 Zone, the maximum height for the new hospital tower shall be two hundred ten (210) feet.

C.

In the D-KP-3 Zone, the maximum height of new buildings (not including parking structures) shall be seventy (70) feet (five (5) stories at fourteen (14) feet per story). Parking structures shall be limited to a maximum of fifty-three (53) feet. In the D-KP-3 Zone, all structures shall be set back from the adjacent RM3 Zone on Cerrito Avenue, Howe Street, and 38th Street by a minimum of twelve (12) feet. No structure may exceed thirty (30) feet in height unless additional setbacks are provided equivalent to an additional horizontal distance of one foot beyond the 12-foot setback for each foot that the structure extends above thirty (30) feet, up to the maximum allowable height.

D.

Maximum height for D-KP-4 is equivalent to RU-3 requirements.

(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. 13666, § 3(Exh. A), 11-16-2021)

17.101D.120 - Parking and loading areas.

A.

Parking shall be determined on a D-KP District-wide basis and the amount, location and distribution of parking shall be determined as part of the Design Review Process. The parking demand study prepared for adoption of the D-KP district determined that upon completion of new construction to the full 1.78 million (1,780,000) square foot total, approximately three thousand five hundred eighty-four (3,584) parking spaces will be required. The actual amount of required parking shall be imposed as a condition of approval based on the current or updated parking study and the adopted Transportation Demand Management program, as approved by the City. The requirements set forth herein may be modified during the design review process,

upon a finding that the modification is supported by an updated parking analysis prepared by a professional traffic engineer, as approved by the City.

B.

Unless otherwise permitted pursuant to a conditional use permit, deliveries that rely on the use of loading areas or driveways within two hundred (200) feet of a residentially zoned property shall be limited to the hours of 5:00 a.m. to 7:00 p.m.

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

17.101D.130 - Signs.

A.

If a comprehensive Sign program is adopted as part of the Kaiser Permanente Oakland Medical Center Master Plan, the provisions of the comprehensive Sign program shall govern and shall supersede the provisions of Chapter 17.104.

B.

Design Review approval is not required for temporary or development signs; and periodic changes of copy.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 12999, § 4(Exh. A), 3-16-2010)

17.101D.140 - Landscaping, buffering and screening.

A landscaping, buffering and screening plan shall be submitted for every project that requires approval pursuant to the design review process. The landscaping, buffering and screening plan shall contain the following:

1.

Landscaping that is consistent with the Kaiser Permanente Oakland Medical Center Master Plan with an automatic system of irrigation for all private landscaping shown in the plan.

2.

Landscape treatment of any interface with a residentially zoned property including a buffering and screening plan.

3.

The location of parking, loading and storage areas, and exterior lighting including a buffering and screening plan.

(Ord. No. 12999, § 4(Exh. A), 3-16-2010)

17.101D.150 - Demolition.

Consistent with Oakland Municipal Code Section 15.36.070, during the Kaiser Permanente Oakland Medical Center Master Plan approval process, the City Council may identify specific buildings for which a demolition permit may be issued without first obtaining a building permit because the issue of demolition was expressly considered as part of the Kaiser Permanente Oakland Medical Center Master Plan approval process. These buildings shall be listed in the Kaiser Permanente Oakland Medical Center Master Plan as eligible for demolition prior to the issuance of building permits.

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

17.101D.160 - Skybridges.

A.

One pedestrian skybridge over the public right-of-way of Broadway, adjacent to Highway 580, (connecting D-KP-1 and D-KP-2) is permitted in the D-KP Zone and no conditional use permit shall be required pursuant to Section 17.102.200. Authority pursuant to Chapter 12.08 is also granted for this pedestrian skybridge. While the exact location has not yet been determined, the general location of the skybridge is shown in the Kaiser Permanente Oakland Medical Center Master Plan. The design and final location will be determined during the Design Review Process.

B.

No other skybridge over Broadway shall be permitted.

C.

The other proposed pedestrian skybridges over the public right-of-way on MacArthur Boulevard is not needed until the completion of Phase 3 of the project (D-KP-3 Zone). Design Review for Phase 2 should consider means to ensure that a choice of skybridge versus tunnel versus surface street crossings at this location is preserved. The need for and final design and final location of a potential MacArthur Boulevard skybridge versus tunnels or surface street crossings will be determined during the Design Review Process and pursuant to Conditional Use permits for Phase 3.

D.

The Director of City Planning shall refer all Design Review processes regarding skybridges to the City Planning Commission for initial decision. An initial decision of the Commission shall become final ten (10) days after the date of decision unless appealed to the City Council in accordance with the procedures in Section 17.136.090.

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

Chapter 17.101E - D-CE CENTRAL ESTUARY DISTRICT ZONES REGULATIONS

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

A.

Title and Intent. The provisions of this Chapter shall be known as the D-CE Central Estuary District Zones Regulations. The intent of the Central Estuary District (D-CE) Zones is to:

1.

Implement the Central Estuary Area Plan (CEAP) in the Central Estuary District;

2.

Preserve and enhance opportunities for business and employment development in uses that can benefit from proximity to existing commercial, industrial and mixed use facilities in the area;

3.

Encourage the creation of mixed-use districts that integrate various combinations of residential, industrial, commercial, public open space and civic uses;

4.

Establish development standards that allow Residential, Industrial, Commercial, public Open Space and Civic Activities to compatibly co-exist;

5.

Provide convenient access to public open space and the waterfront;

6.

Improve access to the waterfront and recreational opportunities along the waterfront, including boat launches and marinas;

7.

Encourage quality and variety in building and landscape design, as well as compatibility in use and form;

8.

Encourage development that is respectful of the environmental qualities that the area has to offer;

9.

Provide a framework of development standards that takes into account the scale, massing and context of the surrounding community;

10.

Provide a set of procedures and practices to review and consider future design of new building construction; and

11.

Preserve and enhance distinct neighborhoods in the Central Estuary District.

B.

Description of Zones. This Chapter establishes land use regulations for the following six (6) zones:

1.

D-CE-1 Central Estuary District - 1 Commercial Zone (Embarcadero Cove). The D-CE-1 Zone is intended to create, maintain, and enhance areas of the Central Estuary that have a mix of marine, office and other commercial uses.

2.

D-CE-2 Central Estuary District - 2 Commercial Zone (High Street Retail). The D-CE-2 Zone is intended to create, maintain, and enhance areas of the Central Estuary with a wide range of commercial uses with direct street frontage and access to the freeway.

3.

D-CE-3 Central Estuary District Mix - 3 Commercial Zone (Jingletown/Elmwood). The D-CE-3 Zone is intended to create, preserve, and enhance areas of the Central Estuary that have a mix of industrial, heavy commercial and residential development. This zone is intended to promote housing with a strong presence of Commercial and Industrial Activities.

4.

D-CE-4 Central Estuary District Mix - 4 Commercial Zone (Mixed Use Triangle). The D-CE-4 Zone is intended to create, maintain, and enhance areas of the Central Estuary that have a mix of Industrial and Heavy Commercial Activities. Higher density residential development is also appropriate in this zone.

5.

D-CE-5 Central Estuary District - 5 Industrial Zone (Food Industry Cluster/High St. Warehouse Wedge/Tidewater South). The D-CE-5 Zone is intended to create, preserve, and enhance areas of the Central Estuary that are appropriate for a wide variety of heavy commercial and industrial establishments. Uses with greater off-site impacts may be permitted provided they meet specific performance standards.

6.

D-CE-6 Central Estuary District - 6 Industrial Zone (Con Agra/Owens Brockway/Tidewater North). The D- CE-6 Zone is intended to create, preserve, and enhance areas of the Central Estuary that are appropriate for a wide variety of businesses and related commercial and industrial establishments that may have the potential to generate off-site impacts, such as noise, light/glare, odor, and traffic. This zone allows industrial and manufacturing uses, transportation facilities, warehousing and distribution, and similar related supporting uses. Uses that may inhibit such uses, or the expansion thereof, are prohibited. This district is applied to areas with good freeway, rail, seaport, and/or airport access.

(Ord. No. 13393, § 2(Exh. A), 10-4-2016; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13168, § 5(Exh. A), 6-18-2013)

17.101E.020 - Required design review.

A.

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

B.

In addition to the design review criteria listed in Chapter 17.136, conformance with the design review guidelines in the "Design Guidelines for the Central Estuary" is required for any proposal in the D-CE Zones subject to the design review procedure in Chapter 17.136.

C.

Where there is a conflict between the design review criteria contained in Chapter 17.136 and the design review guidelines contained in the "Design Guideline for the Central Estuary", the design objectives in the "Design Guidelines for the Central Estuary" shall prevail.

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

17.101E.030 - Permitted and conditionally permitted activities.

For the purposes of this Chapter only, the following definition is added as an Activity. Definitions for the other Activities listed in Table 17.101E.01 are contained in the Oakland Planning Code Chapter 17.10.

A.

Definitions.

1.

Boat and Marine-Related Sales, Rental, Repair and Servicing Activities include the sale, rental, leasing and incidental cleaning, servicing, and repair of boats and other vehicles and facilities associated with waterand marine-based travel and movement. This classification also includes activities associated with docks and marinas where boats and ships are anchored, moored, rented, sold or serviced.

Table 17.101E.01 lists the permitted, conditionally permitted, and prohibited activities in the D-CE 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 17.10.040.

Table 17.101E.01: Permitted and Conditionally Permitted Activities

Limitations on Table 17.101E.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); permitted upon the granting of a Conditional Use Permit if located elsewhere in the zone subject to the standards in Section 17.103.010.

L2. The total floor area devoted to these activities by any single establishment shall only exceed ten thousand (10,000) square feet upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure).

L3. The total floor area devoted to these activities by any single establishment 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).

L4. The total floor area devoted to a grocery store shall only exceed twenty thousand (20,000) square feet upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure). The total floor area devoted to a restaurant 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).

L5. These activities are only allowed on the ground floor of a building. Except in D-CE-4, the total floor area devoted to these activities by any single establishment shall only exceed ten thousand (10,000) square feet upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure).

L6. Except for parcels facing High Street, Kennedy Street, Fruitvale Avenue, Alameda Avenue, and 23rd Avenue, General Retail Sales is only allowed as an accessory use per Section 17.10.040. For parcels facing High Street, Kennedy Street, Fruitvale Avenue, Alameda Avenue, and 23rd Avenue, the total floor area devoted to General Retail Sales by any single establishment shall only exceed ten thousand (10,000) square feet upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure).

L7. The total floor area devoted to these activities by any single establishment shall not exceed five thousand (5,000) square feet.

L8. Entertainment, educational and athletic services are not permitted.

L9. Administrative activities accessory to an Industrial Activity are limited to twenty percent (20%) of floor area in the D-CE-6 Zone.

L10. Not including accessory activities, this activity shall take place entirely within an enclosed building. Other outdoor activities shall only be permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure), and Section 17.103.065 for special findings and additional requirements for Truck-Intensive Industrial Activities in the M-40, CIX, IG, IO, D-DT-JLI, D-CE-5, D-CE-6, D-CO-5, and D- CO-6 Zones).

is activity shall take place entirely within an enclosed building. Other outdoor activities shall only be permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure), and Section 17.103.065 for special findings and additional requirements for Truck-Intensive Industrial Activities in the M-40, CIX, IG, IO, D-DT-JLI, D-CE-5, D-CE-6, D-CO-5, and D- CO-6 Zones).

L11. These activities are only allowed in the Tidewater South area of the D-CE-5 Zone; not permitted in any other areas of D-CE-5.

L12. 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).

L13. This activity is only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure) and that all repair and servicing is performed in an enclosed building.

L14. A Conditional Use Permit is required if located within six hundred (600) of: a) the estuary shoreline; b) the D-CE-3 or D-CE-4 Zone; or c) any Open Space Zone (see Chapter 17.134 for the CUP procedure, and Section 17.103.065 for special findings and additional requirements for Truck-Intensive Industrial Activities in the M-40, CIX, IG, IO, D-DT-JLI, D-CE-5, D-CE-6, D-CO-5, and D-CO-6 Zones) This activity is permitted if located beyond six hundred (600) feet.

L15. Permitted within a grocery store or other large associated development, but if it is a stand-alone collector center then a Conditional Use Permit (see Chapter 17.134 for the CUP procedure) is required. If the recycling collection is placed within the parking lot the overall parking requirements for the principal activity shall still be met.

L16. This activity is not permitted within six hundred (600) feet of: a) the estuary shoreline; b) the D-CE-1, D-CE-2, D-CE-3, or D-CE-4 Zone; or c) any Open Space Zone. A Conditional Use Permit is required if located elsewhere throughout the zone (see Chapter 17.134 for the CUP procedure, and Section

17.103.065 for special findings and additional requirements for Truck-Intensive Industrial Activities in the M- 40, CIX, IG, IO, D-DT-JLI, D-CE-5, D-CE-6, D-CO-5, and D-CO-6 Zones). All special regulations for primary collection centers in the Industrial Zones must be met as listed in Section 17.73.035.

L17. This activity is only permitted upon determination that the proposal conforms to the general use permit criteria set forth in the Conditional Use Permit procedure in Chapter 17.134 and to all of the following additional use permit criteria:

1. That the project is not detrimental to the public health, safety, or general welfare of the community;

2. That the project is or will be adequately served by roads and other public or private service facilities;

3. That the project is consistent with the regional fair-share facility needs assessment and siting criteria established in the Alameda County Hazardous Waste Management Plan;

4. That the cumulative effects of locating the project within the proposed area have been analyzed and where applicable, measures that minimize adverse impacts to the surrounding community have been incorporated into the project.

L18. Community Gardens and Botanical Gardens are only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure).

L19. Limited Agriculture is 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, 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;

2. Agricultural chemicals or pesticides will not impact abutting properties or the surrounding neighborhood; and

3. The soil used in growing does not contain any harmful contaminants and the activity will not create contaminated soil.

L20. 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).

L21. 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.

L22. 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.

L23. A Conditional Use Permit is required if located within six hundred (600) feet of a Residential Zone (see Chapter 17.134 for the CUP procedure, and Section 17.103.065 for special findings and additional requirements for Truck-Intensive Industrial Activities in the M-40, CIX, IG, IO, D-DT-JLI, D-CE-5, D-CE-6, D- CO-5, and D-CO-6 Zones). Permitted if located beyond six hundred (600) feet of a Residential Zone.

al Use Permit is required if located within six hundred (600) feet of a Residential Zone (see Chapter 17.134 for the CUP procedure, and Section 17.103.065 for special findings and additional requirements for Truck-Intensive Industrial Activities in the M-40, CIX, IG, IO, D-DT-JLI, D-CE-5, D-CE-6, D- CO-5, and D-CO-6 Zones). Permitted if located beyond six hundred (600) feet of a Residential Zone.

L24. Prohibited if located within six hundred (600) feet of a Residential or Open Space Zone; or the estuary shoreline. A Conditional Use Permit is required if located elsewhere throughout the zone (see Chapter 17.134 for the CUP procedure, and Section 17.103.065 for special findings and additional requirements for Truck-Intensive Industrial Activities in the M-40, CIX, IG, IO, D-DT-JLI, D-CE-5, D-CE-6, D-CO-5, and D- CO-6 Zones).

L25. A Conditional Use Permit is required if located within six hundred (600) feet of a Residential Zone (see Chapter 17.134 for the CUP procedure, and Section 17.103.065 for special findings and additional requirements for Truck-Intensive Industrial Activities in the M-40, CIX, IG, IO, D-DT-JLI, D-CE-5, D-CE-6, D- CO-5, and D-CO-6 Zones); prohibited if located elsewhere throughout the zone.

(Ord. No. 13812, § 4(Exh. A), 7-30-2024; Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13393, § 2(Exh. A), 104-2016; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13270, § 3(Exh. A), 11-18-2014; Ord. No. 13168, § 5(Exh. A), 6-18-2013)

17.101E.040 - Permitted and conditionally permitted facilities.

For the purposes of this Chapter only, the following definitions are added as facility types. Definitions for the other facility types listed in Table 17.101E.02 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.

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

Limitations on Table 17.101E.02:

L1. See Chapter 17.114, Nonconforming Uses, for additions and alterations to legal nonconforming Residential Facilities, provided, however, that Accessory Dwelling Units are permitted in the D-CE-4 Zone when there is an existing primary Residential Facility on a lot, subject to the provisions of Section 17.103.080 and Chapter 17.88.

L2. Drive through facilities are not allowed to locate between the front property line and the building.

L3. See Section 17.128.025 for restrictions on Telecommunication Facilities near residential or D-CE-3 and D-CE-4 Zones.

L4. No Conditional Use Permit (CUP) is required for Open Nonresidential Facilities to accommodate Civic Activities, Limited Agriculture, seasonal sales, or special events.

L5. See Section 17.103.080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units.

(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. 13435, § 4(Exh. A), 5-2-2017; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13270, § 3(Exh. A), 11-18-2014; Ord. No. 13168, § 5(Exh. A), 6-18-2013)

17.101E.050 - Property development standards.

A.

Zone Specific Standards. Table 17.101E.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 17.101E.03 Property Development Standards

Additional Regulations for Table 17.101E.03:

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

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

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

3. In the D-CE-3 and D-CE-4 Zones, see Section 17.108.080 for the required interior side and rear yard setbacks on a lot containing two (2) or more dwelling units, excluding any permitted Accessory Dwelling Units, and opposite a legally required living room window. Wherever a rear lot line abuts an alley, one-half (½) of the right-of-way width of the alley may be counted toward the required minimum rear setback; provided however, that the portion of the minimum rear setback actually on the lot itself shall not be so reduced to less than five (5) feet. Also, wherever a rear lot line abuts another lot where the existing primary facility is nonresidential, the required minimum rear setback shall be reduced to five (5) feet. See Section 17.108.130 for allowed projections into setbacks.

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

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

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

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

t one hundred twenty-five (125) feet of the lot from the freeway or BART right-of-way are eligible for a ninety-five (95) foot height limit. This additional height is permitted only upon the granting of a Conditional Use Permit (see Chapter 17.134) and approval pursuant to the Design Review procedure (see Chapter 17.136). See also the "Design Guidelines for the Central Estuary", Sections 3 and 4.

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

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

ds thirty-five percent (35%), whichever is greatest. The planting requirement may be reduced but not eliminated if appropriate and approved by the Planning Director. The twelve (12) foot maximum fence height may only be achieved with additional screening. The fence or wall design shall be approved by the Planning Director. See also "Design Guidelines for the Central Estuary", Section 3.8 and 4.1.

9. In the D-CE-3 and D-CE-4 Zones, see Chapter 17.107 and Section 17.106.060 for affordable and senior housing incentives. See Section 17.103.080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units. Also applicable are the provisions of Section 17.102.270 with respect to additional kitchens for a primary dwelling unit, and the provisions of Section 17.102.300 with respect to dwelling units with five (5) or more bedrooms. In the D-CE-3 Zone, new construction on a vacant lot that is greater than five thousand (5,000) square feet shall only result in a total of one (1) unit on the lot upon the granting of a Conditional Use Permit (see Chapter 17.134 for the Conditional Use Permit process). This

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

10. As specified in Section 17.106.030, the total lot area shall be used as the basis for computing both the maximum nonresidential FAR and the maximum residential density for mixed use projects.

11. In the D-CE-3 and D-CE-4 Zones, usable open space is not required for Work/Live, and is only required on lots with two (2) or more Residential or Live/Work units, excluding any permitted Accessory Dwelling Units. Each one (1) square foot of private usable open space equals two (2) square feet towards the total usable open space requirement. All usable open space shall meet the standards contained in Chapter 17.126, except that group usable open space may be located anywhere on the lot, provided the Frontage Type design guidelines are followed (see Section 4.1 of the "Design Guidelines for the Central Estuary").

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

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

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

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

c. A minimum of one (1) 15-gallon tree, or substantially equivalent landscaping as approved by the Director of City Planning, for every twenty-five (25) feet of street frontage or portion thereof. On streets with sidewalks where the distance from the face of the curb to the outer edge of the sidewalk is at least six and one-half (6½) feet, the trees shall be street trees to the satisfaction of the City's Tree Division.

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

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

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

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

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

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

15. For all Nonresidential projects over one thousand (1,000) square feet, street trees are required. In addition to the general landscaping requirements set forth above, a minimum of one (1) 15-gallon tree, or substantially equivalent landscaping consistent with City policy and as approved by the Director of City Planning, shall be provided for every twenty (20) feet of street frontage or portion thereof and, if a curbside planting strip exists, for every twenty-five (25) feet of street frontage. On streets with sidewalks where the distance from the face of the curb to the outer edge of the sidewalk is at least six and one-half (6½) feet, the trees to be provided shall include street trees to the satisfaction of the Tree Division.

d for every twenty (20) feet of street frontage or portion thereof and, if a curbside planting strip exists, for every twenty-five (25) feet of street frontage. On streets with sidewalks where the distance from the face of the curb to the outer edge of the sidewalk is at least six and one-half (6½) feet, the trees to be provided shall include street trees to the satisfaction of the Tree Division.

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

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

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

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

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

B.

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

Table 17.101E.04 Reduced Setbacks for Smaller Lots

Additional Regulations for Table 17.101E.04:

1. See Section 17.108.130 for allowed projections into setbacks.

(Ord. No. 13779, § 2(Exh. A), 1-16-2024; Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13677, § 4(Exh. A), 1- 18-2022; Ord. No. 13666, § 3(Exh. A), 11-16-2021; Ord. No. 13435, § 4(Exh. A), 5-2-2017; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13168, § 5(Exh. A), 6-18-2013)

17.101E.060 - Permitted frontage types.

A.

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

B.

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

1.

Public Frontage - The Public Frontage type accommodates very public uses, where interaction with the

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

2.

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

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

3.

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

4.

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

C.

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

Table 17.101E.05: Frontage Type Standards

See "Design Guidelines for the Central Estuary" Section 4.1.

Additional Regulations for Table 17.101E.05:

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

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

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

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

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

A.

Applicability.

1.

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

2.

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

3.

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

4.

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

5.

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

B.

Definition. The following definitions apply to this Chapter only:

1.

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

2.

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

3.

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

C.

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

1.

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

2.

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

3.

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

4.

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

a.

Service elevators designed to carry and move oversized items;

b.

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

c.

Loading areas located near stairs and/or elevators;

d.

Wide corridors for the movement of oversized items; and

e.

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

D.

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

"P" designates permitted activities in the corresponding zone.

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

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

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

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

Additional Regulations for Table 17.101E.06:

1. Use Permit Criteria. A Conditional Use Permit for a Work/Live unit may be granted only upon determination that the proposal conforms to the general use permit criteria set forth in the Conditional Use Permit procedure in Chapter 17.134 and to both of the following additional use permit criteria:

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

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

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

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

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

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

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

6. See Chapter 17.117 for other bicycle parking requirements.

7. See Chapter 17.116 for other loading standards.

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

E.

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

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

Additional Regulations for Table 17.101E.07:

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

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

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

F.

Additional Regulations for all Work/Live units.

1.

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

2.

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

a.

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

b.

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

3.

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

4.

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

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

(Ord. No. 13779, § 2(Exh. A), 1-16-2024; Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13518, § 4(Exh. A), 2-52019; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13168, § 5(Exh. A), 6-18-2013)

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

A.

Applicability.

1.

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

2.

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

3.

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

B.

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

1.

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

2.

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

C.

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

D.

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

1.

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

2.

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

a.

Service elevators designed to carry and move oversized items;

b.

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

c.

Loading areas located near stairs and/or elevators; and

d.

Wide corridors for the movement of oversized items.

E.

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

"P" designates permitted activities in the corresponding zone.

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

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

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

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

Additional Regulations for Table 17.101E.08:

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

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

3. See Chapter 17.117 for other bicycle parking requirements.

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

F.

Additional Regulations for Live/Work units.

1.

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

2.

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

3.

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

4.

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

(Ord. No. 13779, § 2(Exh. A), 1-16-2024; Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13518, § 4(Exh. A), 2-52019; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13168, § 5(Exh. A), 6-18-2013)

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

A.

Planned Unit Developments. Large integrated developments shall be subject to the Planned Unit Development (PUD) regulations in Chapter 17.142 if they exceed the sizes specified therein. In developments which are approved pursuant to said regulations, certain uses may be permitted in addition to those otherwise allowed in the D-CE-3 and D-CE-4 Zones, and certain of the other regulations applying in said zone may be waived or modified. The normally required design review process may also be waived for developments at the time of initial granting of a Planned Unit Development (PUD) permit. Unless otherwise specified in the PUD permit, any future changes within the Planned Unit Development shall be subject to applicable design review regulations.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13677, § 4(Exh. A), 1-18-2022; Ord. No. 13357, § 3(Exh. A), 2- 16-2016; Ord. No. 13168, § 5(Exh. A), 6-18-2013)

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

17.101E.100 - Reserved.

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

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

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

A.

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

B.

Required Bicycle Parking—Commercial Activities. Subject to the calculation rules set forth in Chapter

17.117 Bicycle Parking Requirements Section 17.117.080, the following amounts of bicycle parking are required for the specified Commercial Activity and shall be developed and maintained pursuant to the provisions of Article II of Chapter 17.117.

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

17.101E.112 - Other zoning provisions.

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

A.

General Provisions. The general exceptions and other regulations set forth in Chapters 17.102, 17.103, 17.104, 17.106, and 17.108 shall apply in the D-CE Zones.

B.

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

C.

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

D.

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

E.

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

F.

Buffering. All uses shall be subject to the applicable requirements of the buffering regulations in Chapter 17.110 with respect to screening or location of parking, loading, storage areas, control of artificial illumination, and other matters specified therein.

G.

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

H.

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

I.

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

J.

S-19 Health and Safety Protection Overlay Zone.

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

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

Footnotes:

--- ( 49 ) ---

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

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

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

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

17.101F.020 - Required master plan conformance.

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

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

17.101F.030 - Permitted and conditionally permitted activities.

Table 17.101F.01 lists the permitted, conditionally permitted, and prohibited activities in the D-GI Zone. The descriptions of these activities are contained in Chapter 17.10. Section 17.10.040 contains permitted accessory activities.

"P" designates permitted activities in the zone.

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

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

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

Table 17.101F.01: Permitted and Conditionally Permitted Activities

Limitations on Table 17.101F.01:

L1. Community Gardens and Botanical Gardens are prohibited.

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

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

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

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

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

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

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

17.101F.040 - Permitted and conditionally permitted facilities.

Table 17.101F.02 lists the permitted, conditionally permitted, and prohibited facilities in the D-GI Zone. The descriptions of these facilities are contained in Chapter 17.10.

"P" designates permitted facilities in the corresponding zone.

"C" designates facilities that are permitted only upon the granting of a Conditional Use Permit (CUP) in the corresponding zone (see Chapter 17.134 for the CUP procedure).

"L" designates facilities subject to certain limitations listed at the bottom of the Table.

"—" designates facilities that are prohibited.

Table 17.101F.02: Permitted and Conditionally Permitted Facilities

Limitations for Table 17.101F.02:

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

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

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13677, § 4(Exh. A), 1-18-2022; Ord. No. 13666, § 3(Exh. A), 1116-2021; Ord. No. 13182, § 3(Exh. A), 7-16-2013)

17.101F.050 - Property development standards.

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

Table 17.101F.03: Property Development Standards

Additional Regulations for Table 17.101F.03:

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

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

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

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

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

17.101F.060 - Design standards.

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

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

17.101F.070 - Demolition.

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

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

17.101F.080 - Other zoning provisions.

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

A.

General Provisions. The general exceptions and other regulations set forth in Chapters 17.102, 17.104, 17.106, and 17.108 shall apply in the D-GI Zone.

B.

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

C.

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

D.

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

E.

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

F.

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

G.

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

H.

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

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

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

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

A.

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

1.

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

2.

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

3.

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

4.

Improve safety and pedestrian-orientation;

5.

Accommodate the future population, including families;

6.

Increase the number of jobs and improve the local economy;

7.

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

Encourage and enhance a pedestrian-oriented streetscape.

B.

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

1.

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

2.

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

3.

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

4.

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

5.

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

C.

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

1.

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

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

2.

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

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

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

A.

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

B.

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

C.

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

D.

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

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

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

17.101G.030 - Permitted and conditionally permitted activities.

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

"P" designates permitted activities in the corresponding zone.

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

"L" designates activities subject to certain limitations or notes listed at the bottom of the Table.

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

Table 17.101G.01: Permitted and Conditionally Permitted Activities

Limitations on Table 17.101G.01:

L1. These activities may not be located within thirty (30) feet of the front lot line on the ground floor of an existing principal building fronting a Commercial Corridor or within thirty (30) feet of the front lot line on the ground floor of a new principal building fronting a Transitional Commercial Corridor, as defined in Section 17.101G.010.C, with the exception of incidental pedestrian entrances that lead to one of these activities elsewhere in the building. See Section 17.101G.040 for limitations on the construction of new ground floor Residential Facilities.

L2. Residential Care is permitted if located in a One-Family Dwelling Residential Facility; conditionally permitted if located elsewhere (see Chapter 17.134 for the CUP procedure). No Residential Care or Emergency Shelter Residential Activity shall be located closer than three hundred (300) feet from any other such Activity or Facility. See Section 17.103.010 for other regulations regarding Residential Care and Emergency Shelter Residential Activities.

L3. These activities may only be located above the ground floor of a building upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure).

L4. With the exception of parcels facing Broadway and 14th Street, the total linear frontage length devoted to these activities by any single establishment both on the ground floor and within thirty (30) feet of the principal street frontage may only exceed twenty-five percent (25%) of the total linear frontage length from street corner to street corner upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure). Any single establishment may only exceed twelve thousand (12,000) square feet in floor area upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure).

L5. If located on a Commercial Corridor, as defined in Section 17.101G.010.C with the exception of 8th, 9th, Franklin, Webster and Harrison Streets between 7th, 10th, Broadway and Harrison Streets, and both on the ground floor of a building and within thirty (30) feet of an applicable street frontage, these activities are only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure). If located on 8th, 9th, Franklin, Webster and Harrison Streets between 7th, 10th, Broadway and Harrison Streets, and both on the ground floor of a building and within thirty (30) feet of an applicable street frontage, 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). Incidental pedestrian entrances that lead to one of these activities elsewhere in the building are exempted from this Conditional Use Permit requirement. In addition to the criteria contained in Section 17.134.050, these conditionally permitted ground floor proposals must also meet each of the following criteria:

a. The proposal will not impair a generally continuous wall of building facades;

b. The proposal will not weaken the concentration and continuity of retail facilities at ground-level, and will not impair the retention or creation of an important shopping frontage; and

c. The proposal will not interfere with the movement of people along an important pedestrian street.

L6. These activities are 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, when these activities are located within thirty (30) feet of the principal street frontage (with the exception of incidental pedestrian entrances that lead to one of these activities elsewhere in the building), the proposed activities must also meet the criteria contained in Note L5, above.

L7. These activities may only be located on or below the ground floor of a building with the following exceptions:

a. If the floor area devoted to the activity is less than three thousand (3,000) square feet; and

b. An activity located on the ground floor may extend to the second floor of a building if the activity on the second floor is the same as, or accessory to, the ground floor activity and part of the same business or establishment; and there is a direct internal connection between the ground floor and the second story activities.

L8. 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.

L9. See Section 17.102.170 for special regulations relating to massage services and Section 17.102.450 for special regulations relating to laundromat.

L10. No new or expanded Check Cashier and Check Cashing Commercial Activity shall be located closer than one thousand (1,000) feet from any other such activity or five hundred (500) feet from any Community Education, Community Assembly, or Recreational Assembly Civic Activity; State or Federally chartered bank, savings association, credit union, or industrial loan company; or certain Alcoholic Beverage Sales Commercial Activities. See Section 17.103.040 for further regulations regarding Check Cashier and Check Cashing Commercial Activities.

L11. 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.

L12. The total floor area devoted to these activities by any single establishment 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).

L13. These activities, including accessory activities, are only allowed to be performed indoors. This requirement includes, but is not limited to: vehicles stored before and after servicing, general storage, vehicle and other repair, and automotive cleaning. This requirement excludes parking for customers currently at the business and automotive fueling.

L14. Auto fee parking is permitted upon the granting of conditional use permit (see Chapter 17.134 for the CUP procedure) if it is located in either a parking structure or in a below grade parking lot. Auto fee parking is otherwise prohibited.

L15. Limited Agriculture is permitted if the activity occupies less than five thousand (5,000) square feet of land area and any sales area is less than one thousand (1,000) square feet; conditionally permitted if the activity is larger in either land or sales area (see Chapter 17.134 for the CUP procedure).

L16. 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.

L17. Any on-sale and/or off-sale of alcoholic beverages in conjunction with an approved arts, entertainment, or cultural use in these zones does not require a Conditional Use Permit (CUP), but instead shall obtain a Central District Entertainment Venue Permit as described in Oakland Municipal Code Chapter

5.12. Arts, entertainment, and cultural uses include, but are not limited to: bars, cabarets, night clubs, pool halls, bowling alleys, mini-golf, mechanical or electronic games, museums, art galleries, barber shops or salons, nail salons, performing arts centers, auditoriums, theaters, and other similar venues. Any alcoholic beverages sales in conjunction with an approved arts, entertainment, or cultural use must conform to all applicable regulations, including, but not limited to, Oakland Municipal Code Chapter 5.12.

L18. During operating hours, ground floor Artisan Production Commercial Activities shall be open to the public to purchase and view items produced on site. On other floors, these activities shall either be open to the public during operating hours or available by appointment to view and purchase items produced on site.

(Ord. No. 13840, § 2(Exh. D), 5-6-2025; Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13393, § 2(Exh. A), 10-42016; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13276, § 5(Exh. A), 12-9-2014)

17.101G.040 - Permitted and conditionally permitted facilities.

Table 17.101G.02 lists the permitted, conditionally permitted, and prohibited facilities in the D-LM 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 (see Chapter 17.134 for the CUP procedure) in the corresponding zone.

"L" designates facilities subject to certain limitations listed at the bottom of the Table. "—" designates facilities that are prohibited.

Table 17.101G.02: Permitted and Conditionally Permitted Facilities

Limitations on Table 17.101G.02:

L1. See Chapter 17.114, Nonconforming Uses, for additions and alterations to legal nonconforming Residential Facilities, provided, however, that 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. 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 17.103.030 and 17.103.100 for further regulations regarding Drive- Through Nonresidential Facilities.

L3. New construction of a Nonresidential Facility shall be required to incorporate ground floor commercial space that conforms to the design standards in Table 17.101G.03 if:

a. The facility fronts onto a: (1) "Transitional Commercial Corridor", as identified in Section 17.101G.010.C, is more than thirty-five (35) feet wide, and is either within a Lake Merritt Station Area Plan Opportunity Site or on a corner lot; or

b. The facility fronts onto a: (2) "Commercial Corridor", as identified in Section 17.101G.010.C, and is more than thirty-five (35) feet wide.

L4. No Conditional Use Permit (CUP) is required for Open Nonresidential Facilities to accommodate Civic Activities, Limited Agriculture, seasonal sales, or special events.

L5. A Two- to Four-Family Dwelling that meets all applicable requirements set forth in the Planning and Building Codes is permitted if it is the result of an approved conversion of an existing One-Family Dwelling.

L6. See Section 17.103.080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units.

(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. 13435, § 4(Exh. A), 5-2-2017; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13276, § 5(Exh. A), 12-9-2014)

17.101G.050 - Property development standards.

A.

Zone Specific Standards. Table 17.58.03 below prescribes development standards specific to individual zones. The number designations in the right-hand column refer to the additional regulations listed at the end of the Table. "N/A" designates the standard is not applicable to the specified zone.

Table 17.101G.03: Property Development Standards

Additional Regulations for Table 17.101G.03:

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

2. See Section 17.108.040 for the minimum front yard setback when fifty percent (50%) or more of the frontage on the same block and side of the street is in a Residential Zone.

3. The following notes apply to the maximum yard requirements:

a. The requirements only apply to the construction of new principal buildings and to no more than two property lines. One of these property lines shall abut the principal street.

b. The requirements do not apply to lots containing Recreational Assembly, Community Education, Utility and Vehicular, or Extensive Impact Civic Activities or Automobile and Other Light Vehicle Gas Station and Servicing Commercial Activities as principal activities.

c. These maximum yards apply to seventy-five percent (75%) of the street frontage on the principal street and fifty percent (50%) on other streets, if any. All percentages, however, may be reduced to fifty percent (50%) upon the granting of Regular Design Review (see Chapter 17.136 for the design review procedure). In addition to the criteria contained in 17.136.050, the proposal must also meet each of the following criteria:

i. Any additional yard area abutting the principal street is designed to accommodate publicly accessible plazas, sidewalk cafes, or restaurants;

ii. The proposal will not impair a generally continuous wall of building facades;

iii. The proposal will not weaken the concentration and continuity of retail facilities at ground-level, and will not impair the retention or creation of an important shopping frontage; and

iv. The proposal will not interfere with the movement of people along an important pedestrian street.

d. The maximum yard requirements above the ground floor may be waived upon the granting of a conditional use permit (see Chapter 17.134 for the CUP procedure). In addition to the criteria contained in Section 17.134.050, the proposal must also meet each of the following criteria:

i. It infeasible to both accommodate the use proposed for the space and meet the maximum yard requirement;

ii. The proposal will not weaken the street definition provided by buildings with reduced setbacks; and

iii. The proposal will not interrupt a continuity of 2nd and 3rd story facades on the street that have minimal front yard setbacks.

4. This regulation is the average setback distance, measured from the mean high tide line, along the total length of channel frontage involved in a project, with a minimum setback at any point of forty (40) feet.

5. This percentage of transparency is only required for principal buildings that include ground floor Nonresidential Facilities, and only applies to the facade facing the principal street. On all other street facing facades, the requirement is one-half (½) the standard for the facade facing the principal street. The area of required transparency is between two (2) feet and nine (9) feet in height of the ground floor and must be comprised of clear, non-reflective windows that allow views out of indoor activity space or lobbies. Glass block does not qualify as a transparent window. Exceptions to this regulation may be allowed by the Planning Director for unique facilities such as convention centers, gymnasiums, parks, gas stations, theaters and other similar facilities.

6. This height is required for new principal buildings that include ground floor Nonresidential Facilities, and is measured from the sidewalk grade to the second story floor.

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

8. This regulation only applies to ground floor living space located within fifteen (15) feet of a street frontage.

9. Vehicular Residential Facilities shall be located a minimum of thirty (30) feet from the street or be located behind a building. See Section 17.103.085 for additional setback and separation requirements for Vehicular Residential Facilities.

B.

Height, Bulk, and Intensity Area Specific Standards. Table 17.101G.04 below prescribes height, bulk, and intensity standards associated with the height/bulk/intensity areas described in the Zoning Maps. The numbers in the right-hand column refer to the additional regulations listed at the end of the Table. "N/A" designates the regulation is not applicable to the specified Height/Bulk/Intensity Area.

Table 17.101G.04 Height, Density, Bulk, and Tower Regulations

Height/Bulk/Intensity Areas

Regulation

Notes

Notes:

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

2. Height Area Exceptions. In Height/Bulk/Intensity Areas LM-95 and LM-175, a limited number of buildings, as prescribed above in Table 17.101G.04, may be allowed to utilize the same height/bulk/intensity standards that typically apply to either Height/Bulk/Intensity Area LM-175 or LM-275 upon determination that the proposal conforms to the general use permit criteria set forth in the conditional use permit procedure in Chapter 17.134 and to the following additional use permit criteria:

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

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

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

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

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

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

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

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

3. This minimum height excludes the height of the allowed projections into the height limit contained in Section 17.108.030.

4. For mixed use projects in the D-LM Zones, the allowable intensity of development shall be measured according to both the maximum nonresidential Floor Area Ratio (FAR) allowed by the zone and the

maximum residential density allowed by the zone. The total lot area shall be used as a basis for computing both the maximum nonresidential FAR and the maximum residential density.

5. The maximum tower elevation length, diagonal length, and average per story lot coverage above the building base may be increased by up to thirty percent (30%) upon determination that the proposal conforms to the general use permit criteria set forth in the conditional use permit procedure in Chapter 17.134 and to the following additional use permit criteria:

a. The proposal will result in a signature building within the neighborhood, City, or region based on qualities, including but not limited to, exterior visual quality, craftsmanship, detailing, and high quality and durable materials.

(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. 13302, § 5(Exh. C), 4-21-2015; Ord. No. 13276, § 5(Exh. A), 12-9-2014)

17.101G.060 - Usable open space standards.

A.

General. This Section contains the usable open space standards and requirements for residential development in the D-LM Zones. These requirements shall supersede those in Chapter 17.126.

B.

Definitions of D-LM usable open space types. The following includes a list of available usable open space types eligible to fulfill the usable space requirements of this Chapter and the definitions of these types of open space:

1.

"Private Usable Open Space". Private usable open space is accessible from a single unit and may be provided in a combination of recessed and projecting exterior spaces.

2.

"Public Ground-Level Plaza". Public ground-level plazas (plazas) are group usable open space (see Section 17.127.030) located at street-level and adjacent to the building frontage. Plazas shall be publicly accessible during daylight hours and are maintained by the property owner. Plazas shall be landscaped and include pedestrian and other amenities, such as benches, fountains and special paving.

3.

"Rooftop Open Space". Rooftop open space, a type of group usable open space, includes gardens, decks, swimming pools, spas and landscaping located on the rooftop and accessible to all tenants.

4.

"Courtyard". A courtyard is a type of group usable open space that can be located anywhere within the subject property.

5.

"Off-Site Open Space". Off-site open spaces are group usable open space at ground-level or podium-level within one thousand (1,000) feet of a residential development. Off-site open spaces shall be publicly accessible during daylight hours and are maintained by the property owner.

6.

"Community Room". Community room can be located anywhere on the subject property and shall be available for use by all members of said residential development.

C.

Standards. All required usable open space shall be permanently maintained and shall conform to the following standards:

1.

Area. On each lot containing Residential Facilities with a total of two (2) or more living units, excluding any permitted Accessory Dwelling Units, usable open space shall be provided for such facilities at the following rates:

Table 17.101G.05: Required Amounts of Usable Open Space

2.

Size and Shape. An area of contiguous space shall be of such size and shape that a rectangle inscribed within it shall have no dimension less than the dimensions shown in the following table:

Table 17.101G.06: Required Dimensions of Usable Open Space

3.

Openness. Except for indoor Community Rooms, there shall be no obstructions above the space except for devices to enhance its usability, such as pergola or awning structures. There shall be no obstructions over ground-level private usable open space except that not more than fifty percent (50%) of the space may be covered by a private balcony projecting from a higher story. Above-ground-level private usable open space shall have at least one exterior side open and unobstructed, except for incidental railings or balustrades, for eight (8) feet above its floor level.

4.

Location. Required usable open space may be located anywhere on the lot except that not more than fifty percent (50%) of the required area may be located on the uppermost roof of any building. There is no limitation on rooftop open space on rooftop podiums that are not the uppermost roof of a building.

5.

Usability. A surface shall be provided which prevents dust and allows convenient use for outdoor activities. Such surface shall be any practicable combination of lawn, garden, flagstone, wood planking, concrete, asphalt or other serviceable, dust-free surfacing. Slope shall not exceed ten percent (10%). Off-street parking and loading areas, driveways, and service areas shall not be counted as usable open space. Adequate safety railings or other protective devices shall be erected whenever necessary for space on a roof, but shall not be more than four (4) feet high.

6.

Accessibility. Usable open space, other than private usable open space, shall be accessible to all the living units on the lot. It shall be served by any stairway or other accessway qualifying under the Oakland Building Code as an egress facility from a habitable room. Private usable open space may be located anywhere on the lot. Above-ground-level space may be counted even though it projects beyond a street line. All private usable open space shall be adjacent to, and not more than four (4) feet above or below the floor level of, the living unit served. Private usable open space shall be accessible to only one living unit by a doorway to a habitable room or hallway.

D.

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

of permanent features, such as trees, shrubbery, decorative planting containers, fountains, boulders or artwork (sculptures, etc.) The remainder of the space shall include user amenities such as seating, decorative paving, or playground structures.

E.

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

F.

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

(Ord. No. 13779, § 2(Exh. A), 1-16-2024; Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13666, § 3(Exh. A), 1116-2021; Ord. No. 13357, § 3(Exh. A), 2-16-2016;Ord. No. 13276, § 5(Exh. A), 12-9-2014)

17.101G.070 - Special regulations for Large-Scale Developments.

No development which involves more than one hundred thousand (100,000) square feet of new floor area shall be permitted except upon the granting of a Conditional Use Permit pursuant to the Conditional Use Permit procedure in Chapter 17.134. This requirement shall not apply to developments that include one hundred percent (100%) affordable housing units, other than manager's units, or where a valid Planned Unit Development permit is in effect.

(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. 13276, § 5(Exh. A), 12-9-2014)

17.101G.080 - 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 in Chapter 17.116.

B.

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

C.

Home Occupations. Home occupations shall be subject to the applicable provisions of the home occupation regulations in Chapter 17.112.

D.

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

E.

General Provisions. The general exceptions and other regulations set forth in Chapter 17.102 shall apply in the D-LM Zones.

F.

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

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

Chapter 17.101H - D-CO COLISEUM AREA DISTRICT ZONES REGULATIONS

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

A.

Title and Intent. The provisions of this Chapter shall be known as the D-CO Coliseum Area District Zones Regulations. The intent of the Coliseum Area District (D-CO) Zones is to:

1.

Implement the Coliseum Area Specific Plan (CASP) in the Coliseum Plan Area,

2.

Support retention of Oakland's professional sports teams, and the economic benefit of the sports teams and their facilities for the City of Oakland and Alameda County;

3

Allow for the consider of residential, commercial, and mixed-use developments at high densities in designated locations in the Coliseum Plan Area;

Encourage the creation of a regionally significant jobs and employment center in the Coliseum Plan Area that builds on the area's prime transit-oriented and airport-adjacent location;

5.

Establish development standards that allow a broad mix of uses to compatibly co-exist;

6.

Provide convenient access to public open space and the waterfront;

7.

Improve access to the Coliseum Plan area's creeks, channels, and bay frontage, and provide recreational opportunities along these waterways;

8.

Encourage quality and variety in building and landscape design, as well as compatibility in use and form; and

9.

Encourage development that is respectful of the environmental qualities that the Coliseum Plan area has to offer.

B.

Description of Zones. This Chapter establishes land use regulations for the following six (6) zones:

1.

D-CO-1 Coliseum Area Transit-Oriented Development District - 1 Commercial Zone (Coliseum BART/San Leandro Street). The D-CO-1 Zone is intended to create, preserve and enhance areas devoted primarily to serve multiple nodes of transportation and to feature high-density residential, commercial, and mixed-use developments, to encourage a balance of pedestrian-oriented activities, transit opportunities, and concentrated development; and encourage a safe and pleasant pedestrian environment near transit stations by allowing a mixture of Residential, Civic, Commercial, and Light Industrial Activities.

2.

D-CO-2 Coliseum Area District - 2 Commercial Zone (Coliseum District). The D-CO-2 Zone is intended to create, maintain and enhance areas that allow a broad mixture of residential, retail, commercial, office, and light industrial uses, and serve as region-drawing centers of sports, entertainment, and business activities.

3.

D-CO-3 Coliseum Area District - 3 Commercial Zone (Oakport South/Hegenberger Road). The D-CO-3 Zone is intended to create, maintain and enhance areas suitable for a wide variety of retail, commercial,

and industrial operations along the Oakport Street and Hegenberger Road corridors, and in region-drawing centers of Commercial, and Light Industrial Activities.

4.

D-CO-4 Coliseum Area District - 4 Commercial Zone (Edgewater North/Waterfront). The D-CO-4 Zone is intended to create, maintain and enhance a mix of activities on or near the Northwest Edgewater Drive waterfront. This zone allows for the consideration of housing, if shown to be compatible in an area with a strong presence of Commercial and Industrial Activities.

5.

D-CO-5 Coliseum Area Commercial Mix District - 5 Industrial Zone (Edgewater South/Pardee Drive). The D- CO-5 Zone is intended to create, preserve, and enhance areas near Pardee Drive and within the southern portion of the Airport Business Park that are appropriate for a wide variety of Office, Commercial, Industrial, and Logistics Activities.

6.

D-CO-6 Coliseum Area Commercial Mix District - 6 Industrial Zone (Oakport North). The D-CO-6 Zone is intended to apply to commercial, industrial and institutional areas with strong locational advantages that make possible the attraction of higher intensity commercial and light industrial land uses and development types.

(Ord. No. 13393, § 2(Exh. A), 10-4-2016; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13302, § 5(Exh. B), 4-21-2015)

17.101H.020 - Required design review.

A.

Except for projects that are exempt from design review as set forth in Section 17.136.025, no Building Facility, Designated Historic Property, Potentially Designated Historic Property, Telecommunications Facility, Sign, or other associated structure shall be constructed, established, or altered in exterior appearance, unless plans for the proposal have been approved pursuant to the design review procedure in Chapter 17.136, and when applicable, the Telecommunications regulations in Chapter 17.128, or the Sign regulations in Chapter 17.104. Properties located within the Land Use Jurisdiction of the Port of Oakland, as amended, are subject to the Port's Land Use and Development Code, which supersedes the Oakland Planning Code in areas of the Port's jurisdiction.

B.

In addition to the design review criteria listed in Chapter 17.136, conformance with the design review guidelines in the Coliseum Area Specific Plan is required for any proposal in the D-CO Zones subject to the design review procedure in Chapter 17.136.

C.

Where there is a conflict between the design review criteria contained in Chapter 17.136 and the design review guidelines contained in the Coliseum Area Specific Plan, the design objectives in the Coliseum Area Specific Plan shall prevail.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13302, § 5(Exh. B), 4-21-2015)

17.101H.030 - Permitted and conditionally permitted activities.

Table 17.101H.01 lists the permitted, conditionally permitted, and prohibited activities in the D-CO 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 17.10.040.

Table 17.101H.01: Permitted and Conditionally Permitted Activities

Limitations on Table 17.101H.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); permitted upon the granting of a Conditional Use Permit elsewhere in the zone subject to the standards in Section 17.103.010.

L2. The total floor area devoted to these activities by any single establishment shall only exceed ten thousand (10,000) square feet upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure), and Section 17.103.065 for special findings and additional requirements for TruckIntensive Industrial Activities in the M-40, CIX, IG, IO, D-DT-JLI, D-CE-5, D-CE-6, D-CO-5, and D-CO-6 Zones).

L3. The total floor area devoted to these activities by any single establishment 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), and Section 17.103.065 for special findings and additional requirements for TruckIntensive Industrial Activities in the M-40, CIX, IG, IO, D-DT-JLI, D-CE-5, D-CE-6, D-CO-5, and D-CO-6 Zones).

L4. This activity is only permitted upon determination that the proposal conforms to the general use permit criteria set forth in the Conditional Use Permit procedure in Chapter 17.134, and to all of the following additional use permit criteria:

1. That the project is designed in a way that minimizes the potential health impacts of locating a residential use near the surrounding activities;

2. That new development will meet residential environmental safety standards;

3. That the design of the development and site accounts for the projected rise in sea levels and the potential for inundation by the Bay and other flood waters in a manner that protects both human infrastructure as well as the natural aquatic resources of San Leandro Bay;

4. That avigation easements for the Oakland International Airport will be negotiated with future owners or tenants, and deed disclosures about proximity to Airport operations will be made; and

5. That measures that minimize adverse impacts to the surrounding activities have been incorporated into the project.

L5. The Extensive Impact Civic Activity category includes, but is not limited to, stadiums and sports arenas (see Section 17.10.240.Q). In the D-CO-3 Zone, stadiums and sports arenas are only allowed in the area between Damon Slough and Elmhurst Creek.

L6. Conditionally permitted if located in the D-CO-3 or D-CO-4 Zones between Damon Slough and Elmhurst Creek; prohibited if located elsewhere in the D-CO-3 or D-CO-4 Zones (see Chapter 17.134 for the CUP procedure).

L7. In the D-CO-5 Zone, these activities are only allowed in the area between San Leandro Creek and Doolittle Drive. See also Section 17.103.065 for special findings and additional requirements for TruckIntensive Industrial Activities in the M-40, CIX, IG, IO, D-DT-JLI, D-CE-5, D-CE-6, D-CO-5, and D-CO-6 Zones.

L8. See Section 17.102.170 for special regulations relating to massage services and Section 17.102.450 for special regulations related to Laundromats.

L9. Not including accessory activities, this activity shall take place entirely within an enclosed building. Other outdoor activities shall only be permitted upon the granting of a conditional use permit (see Chapter 17.134 for the CUP procedure).

L10. Permitted if located within one thousand (1,000) feet of Highway 880 or Hegenberger Road; conditionally permitted if located elsewhere throughout the zone (see Chapter 17.134 for the CUP procedure).

L11. Except for such uses that are accessory to an approved Automobile and Other Light Vehicle Sales and Rental Commercial Activity, these activities are not permitted within three hundred (300) feet of a lot line adjacent to the Hegenberger Road right-of-way. See also Section 17.103.065 for special findings and additional requirements for Truck-Intensive Industrial Activities in the M-40, CIX, IG, IO, D-DT-JLI, D-CE-5, D-CE-6, D-CO-5, and D-CO-6 Zones.

L12. This activity is only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure) and that all repair and servicing is performed in an enclosed building.

L13. Any Outdoor Storage activities to be located within six hundred (600) feet of: a) the Oakport Street right-of-way; b) the Estuary or Bay shoreline; c) the Damon Slough, Elmhurst Creek, East Creek Slough, or San Leandro Creek top of bank; or d) any Open Space Zone shall only be permitted upon determination that the proposal conforms to the general use permit criteria set forth in the Conditional Use Permit procedure in Chapter 17.134, and to all of the following additional use permit criteria:

a. The activity is screened in a manner as determined by the Planning Director, including but not limited to, buffer planting installed along the site exterior; and

b. The proposal will not adversely affect the livability or appropriate development of abutting properties and the surrounding district in terms of noise, water and pollutant runoff, heavy equipment operation, hours of operation, odor, security, and vehicular traffic.

L14. 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.

L15. Existing automotive fee parking lots within three hundred (300) feet of a lot line adjacent to the Hegenberger Road right-of-way may be reconfigured to increase the number of parking spaces and make more efficient use of the existing parking area. Expansion of existing facilities to include structured parking or expanding the size of the parcel with the parking constitutes an expansion of a nonconforming use and is not permitted.

L16. Limited Agriculture is permitted outright if the activity occupies less than twenty thousand (20,000) square feet of land area and any sales area is less than one thousand (1,000) square feet; conditionally permitted if the activity is larger in either land or sales area (see Chapter 17.134 for the CUP procedure).

L17. 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.

(Ord. No. 13812, § 4(Exh. A), 7-30-2024; Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13393, § 2(Exh. A), 104-2016; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13302, § 5(Exh. B), 4-21-2015)

17.101H.040 - Permitted and conditionally permitted facilities.

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

Limitations on Table 17.101H.02:

L1. No Conditional Use Permit (CUP) is required for Open Nonresidential Facilities to accommodate Civic Activities, Limited Agriculture, seasonal sales, or special events.

L2. No new or expanded Fast-Food Restaurants with Drive-Through Nonresidential Facilities shall be located closer than three hundred (300) feet of a lot line adjacent to the Hegenberger Road or Oakport Street right-of-way; or five hundred (500) feet of an elementary school, park, or playground. See Sections 17.103.030 and 17.103.100 for further regulations regarding Drive-Through Nonresidential Facilities.

L3. See Section 17.128.025 for restrictions on Telecommunication Facilities near Residential Zones.

L4. See Chapter 17.114, Nonconforming Uses, for additions and alterations to legal nonconforming Residential Facilities, provided, however, that Accessory Dwelling Units are permitted when there is an existing applicable Residential Facility on a lot, subject to the provisions of Section 17.103.080 and Chapter 17.88.

L5. See Section 17.103.080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units Dwellings.

L6. General Advertising signs are not permitted except 1) as otherwise provided for in Section 17.104.060, and 2) for those facilities approved pursuant to the design review procedure in Chapter 17.136 associated with naming rights and/or sponsorships related to stadiums and performance venues.

(Ord. No. 13800, § 3(Exh. C), 6-18-2024; 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. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13302, § 5(Exh. B), 4-21-2015)

17.101H.050 - Property development standards.

Zone Specific Standards Table 17.101H.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 regulation is not applicable to the specified zone.

Table 17.101H.03 Property Development Standards

Additional Regulations for Table 17.101H.03:

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

2. In the D-CO-3, D-CO-5 and D-CO-6 Zones, a minimum front yard setback area of ten (10) feet shall apply to frontages adjacent to the Hegenberger Road and Oakport Street right-of-way. This minimum front yard shall be developed as open landscaped areas, including but not limited to lawn, ground cover, shrubs, trees, and decorative paving materials, subject to the standards for required landscaping and screening in

Chapter 17.124. In the D-CO-1, D-CO-2, and D-CO-4 Zones, see Section 17.108.080 for the required interior side and rear yard setbacks on a lot containing two (2) or more living units and opposite a legally required living room window.

3. In the D-CO-1, D-CO-2, and D-CO-4 Zones, 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.

4. The height of all structures shall be subject to Federal Aviation Administration (FAA) regulations. Notwithstanding anything to the contrary contained in the Planning Code, buildings and structures in the D- CO zoned areas between Doolittle Drive, Swan Way, Pardee Drive, and Hegenberger Road shall not exceed a maximum height of one hundred (100) feet above mean sea level and the maximum applicable Federal Aviation Regulations (FAR) Part 77 surfaces height of the Oakland International Airport Land Use Compatibility Plan.

5. Exceptions to Height Standards. In the D-CO Zones, buildings and structures may only be allowed to exceed the height of the maximum applicable Federal Aviation Regulations (FAR) Part 77 surfaces of the Oakland International Airport Land Use Compatibility Plan in the following situation:

a) The proposed structure has been reviewed by the FAA in accordance with FAR Part 77 and the City receives:

i) An FAA finding that the structure is "No Hazard To Air Navigation" and would not result in the FAA altering, curtailing, limiting, or restricting flight operations in any manner; and an Alameda County Airport Land Use Commission (ALUC) determination that the proposed structure is consistent with the Oakland International Airport Land Use Compatibility Plan (ALUCP); and

ii) Agreement from the applicant to mark and light that structure in a manner consistent with FAA standards; and

b) The additional height has received approval pursuant to the City's Conditional Use Permit procedure (see Chapter 17.134).

6. Buildings shall have a ninety-five (95) foot maximum height when located within one hundred (100 feet) of any lot line that abuts a lot in a RH, RD, RM, RU, or S-15 Zone. In addition, buildings shall have a thirty (30) foot maximum height at the setback line associated with any rear or interior side lot line that abuts a lot in a RH, RD, RM, or RU 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 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 (see Illustration for Table 17.101H.03 [Additional Regulation 6], 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 17.101H.03 [Additional Regulation 6]

• for illustration purposes only

==> picture [274 x 204] intentionally omitted <==

7. All projects which involve the construction of a new Nonresidential Facility, or the addition to an existing Nonresidential Facility of over one thousand (1,000) square feet, shall comply with the landscape requirements in this Chapter and in Chapter 17.124. Landscaping shall consist of pervious surface with lawn, ground cover, shrubs, permeable paving materials, and/or trees and which is irrigated and maintained. See Chapter 17.124 and Section 17.124.025 for other Landscaping and Screening Standards

8. Parking Lot Landscaping applies only to lots associated with new construction of more than ten thousand (10,000) square feet of floor area. Shade trees shall be provided at a ratio of one (1) tree for every ten (10) spaces through the parking lot. A minimum of ten percent (10%) of a surface parking lot shall be landscaped accompanied by an irrigation system that is permanent, below grade and activated by automatic timing controls which may be provided entirely in permeable surfacing in lieu of irrigated landscaping if approved through the Design Review process (see Chapter 17.136). Parking lots located adjacent to a public right-of-way shall include screening consisting of a minimum of five-foot deep planted area or a three-foot tall opaque, concrete, or masonry wall with a minimum three-foot deep planted area. Chain link, cyclone, and barbed wire fencing is prohibited in all cases.

of irrigated landscaping if approved through the Design Review process (see Chapter 17.136). Parking lots located adjacent to a public right-of-way shall include screening consisting of a minimum of five-foot deep planted area or a three-foot tall opaque, concrete, or masonry wall with a minimum three-foot deep planted area. Chain link, cyclone, and barbed wire fencing is prohibited in all cases.

9. For all projects involving the construction of a new Nonresidential Facility, or the addition to an existing Nonresidential Facility of over one thousand (1,000) square feet, street trees are required (see Chapter 17.124 and Section 17.124.025 for other Landscaping and Screening Standards). In addition to the general landscaping requirements set forth above, a minimum of one (1) 15-gallon tree, or substantially equivalent landscaping consistent with City policy and as approved by the Director of City Planning, shall be provided for every twenty (20) feet of street frontage or portion thereof and, if a curbside planting strip exists, for every twenty-five (25) feet of street frontage. On streets with sidewalks where the distance from the face of the curb to the outer edge of the sidewalk is at least six and one-half (6½) feet, the trees to be provided shall include street trees to the satisfaction of the Tree Division.

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

(Ord. No. 13779, § 2(Exh. A), 1-16-2024; Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13666, § 3(Exh. A), 1116-2021; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13302, § 5(Exh. B), 4-21-2015)

17.101H.060 - Special regulations applying to mixed-use developments on Bay Area Rapid Transit (BART) stations on sites with one (1) acre or more land area.

No mixed-use developments that include Bay Area Rapid Transit (BART) stations located on sites with one (1) acre or more land area shall be permitted except upon the granting of a conditional use permit pursuant to Section 17.101H.070 and the conditional use permit procedure in Chapter 17.134 or upon the granting of a Planned Unit Development (PUD) permit pursuant to Chapters 17.140 and 17.142, and shall be subject to the following special regulations:

A.

Intermodal Activities and Pedestrian Plaza. Developments should incorporate multiple forms of public transportation and a pedestrian plaza.

B.

Professional Design. The application shall utilize the following professionals in the design process for the development:

1.

An architect licensed by the state of California; and

2.

A landscape architect licensed by the state of California, or an urban planner holding or capable of holding membership in the American Institute of Certified Planners.

C.

Undergrounding of Utilities. All electric and telephone facilities; fire alarm conduits; street light wiring; and other wiring, conduits, and similar facilities shall be placed underground by the developer as required by the City. Electric and telephone facilities shall be installed in accordance with standard specifications of the serving utilities. Street lighting and fire alarm facilities shall be installed in accordance with standard specifications of the Electrical Department.

D.

Performance Bonds. The City Planning Commission or, on appeal, the City Council may, as a condition of approval of any said development, require a cash bond or surety bond for the completion of all or specified parts of the development deemed to be essential to the achievement of the purposes set forth in Section 17.101H.060. The bond shall be in a form approved by the City Attorney, in a sum of one hundred fifty percent (150%) of the estimated cost of the work, and conditioned upon the faithful performance of the work specified within the time specified. This requirement shall not apply if evidence is provided to the city which indicates that alternative bonding or other assurances have been secured by the Bay Area Rapid Transit District.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13302, § 5(Exh. B), 4-21-2015)

17.101H.070 - Use permit criteria in the D-CO-1 Zone.

In the D-CO-1 Zone, a conditional use permit for any activity or facility listed in Sections 17.101H.030, 17.101H.040, and 17.101H.060, may be granted only upon determination that the proposal conforms to the general use permit criteria set forth in the conditional use permit procedure in Chapter 17.134 and to the following additional use permit criteria:

A.

That the proposal will be of a quality and character which harmonizes with and serves to protect the value of private and public investment in the area;

B.

That the proposal will encourage an appropriate mixture of Residential and/or Commercial Activities in a manner which promotes and enhances use of multiple modes of transportation;

C.

That the proposal is designed to provide a safe and pleasant pedestrian environment;

D.

That no front yard parking, loading area, or driveway shall connect or abut directly with the principal commercial street unless the determination can be made:

1.

That vehicular access cannot reasonably be provided from a different street or other way;

2.

That every reasonable effort has been made to share means of vehicular access with abutting properties;

3.

That the proposal is enclosed or screened from view of the abutting principal street by the measures required in Section 17.110.040B.

E.

That the amount of off-street parking, if any, provided in excess of this code will not contribute significantly to an increased orientation of the area to automobile or truck movement.

F.

In addition to the foregoing criteria and any other applicable requirements, Automotive Fee Parking within this zone shall be subject to the following additional use permit criteria:

The Automotive Fee Parking is part of a larger development that contains a significant amount of Commercial and/or Residential Facilities;

2.

The Automotive Fee Parking is contained in a structured parking facility of at least three stories that replaces an existing at-grade parking facility;

3.

The new parking structure represents no more than a seventy-five percent (75%) increase of existing parking at the site;

4.

Automotive Fee Parking at the site is designed to promote a transit oriented district as defined by the General Plan;

5.

Where feasible, the Automotive Fee Parking is located behind and substantially visually obstructed from the principal street(s) by the Residential and/or Commercial Facility or Facilities; and

6.

The project shall be consistent in all significant respects with the goals, objectives, and policies of the General Plan that promote transit oriented development and districts.

For purposes of Subsection 17.101H.100(F), "principal street" means the street or streets on which the development is most primarily oriented and that is appropriately designated in the general plan to accommodate the amount of trips proposed. On an interior lot, the principal street shall be the street in front of the development. On a corner lot, the principal streets shall be both the streets adjacent to the development. On a lot that has frontage on three (3) or more streets, at least two (2) streets shall be designated as principal streets.

(Ord. No. 13393, § 2(Exh. A), 10-4-2016; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13302, § 5(Exh. B), 4-21-2015)

17.101H.080 - Special regulations for Large-Scale Developments.

No development which involves more than one hundred thousand (100,000) square feet of new floor area shall be permitted except upon the granting of a Conditional Use Permit pursuant to the Conditional Use Permit procedure in Chapter 17.134, or upon the granting of a Planned Unit Development approval pursuant to Chapters 17.140 and 17.142. This requirement shall not apply to developments that include one hundred percent (100%) affordable housing units, other than manager's units, or where a valid Planned Unit Development permit is in effect.

(Ord. No. 13779, § 2(Exh. A), 1-16-2024; Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13302, § 5(Exh. B), 4-21-2015)

17.101H.090 - Special regulations for Planned Unit Developments.

A.

Planned Unit Developments. Large integrated developments shall be subject to the Planned Unit Development (PUD) regulations in Chapter 17.142 if they exceed the sizes specified therein. In developments which are approved pursuant to said regulations, certain uses may be permitted in addition to those otherwise allowed in the D-CO Zones, and certain of the other regulations applying in said zones may be waived or modified. The normally required design review process may also be waived for

Development (PUD) regulations in Chapter 17.142 if they exceed the sizes specified therein. In developments which are approved pursuant to said regulations, certain uses may be permitted in addition to those otherwise allowed in the D-CO Zones, and certain of the other regulations applying in said zones 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. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13302, § 5(Exh. B), 4- 21-2015; 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 § 17.101H.090 to read as herein set out. The former § 17.101H.090 title pertained to special regulations for Mini-Lot and Planned Unit Developments.

17.101H.095 - Compliance with Oakland Airport Land Use Compatibility Plan.

The Oakland International Airport Land Use Compatibility Plan (ALUCP) details the types of development inside the Airport Influence Area (the land west of San Leandro Street) which are to be reviewed by the Alameda County Airport Land Use Commission (ALUC). New development in any D-CO Zone which meets the definitions of Section 2.6.2 "Land Use Actions Recommended for ALUC review" is to follow the review process in the Airport Land Use Compatibility Plan.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13302, § 5(Exh. B), 4-21-2015)

17.101H.100 - Other zoning provisions.

The following contains referrals to other regulations that may apply:

A.

General Provisions. The general exceptions and other regulations set forth in Chapters 17.102, 17.103, 17.104, 17.106, and 17.108 shall apply in the D-CO Zones.

B.

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

C.

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

D.

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

E.

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

F.

Buffering. All uses shall be subject to the applicable requirements of the buffering regulations in Chapter 17.110 with respect to screening or location of parking, loading, storage areas, control of artificial illumination, and other matters specified therein.

G.

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

(Ord. No. 13302, § 5(Exh. B), 4-21-2015)

Chapter 17.101J - D-OK OAK KNOLL DISTRICT ZONES REGULATIONS

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

A.

Title and Intent. The provisions of this Chapter shall be known as the D-OK Oak Knoll District Zones Regulations. The intent of the Oak Knoll District (D-OK) Zones is to implement the Oak Knoll District Planned Unit Development (OKPUD) permit. The OKPUD intends to establish and maintain a pedestrianoriented neighborhood that contains a mix of housing types, community amenities, a retail area, passive and active recreational opportunities, and open spaces. These regulations shall apply to the six (6) zoning districts (the D-OK zones) in the OKPUD area.

B.

Description of Zones. This Chapter establishes land use regulations for the following six (6) zones:

1.

D-OK-1 Oak Knoll District Residential Zone - 1. The D-OK-1 Zone is intended to create, maintain, and enhance areas suitable for low-density single-family home development that responds to the site's topography and includes appropriate landscaping.

2.

D-OK-2 Oak Knoll District Residential Zone - 2. The D-OK-2 Zone is intended to create, maintain, and enhance areas suitable for medium-low density single-family homes.

D-OK-3 Oak Knoll District Residential Zone - 3. The D-OK-3 Zone is intended to create, maintain, and enhance areas suitable for medium-density residential units, such as townhomes.

4.

D-OK-4 Oak Knoll District Commercial Zone - 4. The D-OK-4 Zone is intended to create, maintain, and enhance areas that provide neighborhood-serving retail, such as supermarkets, banks, cafes, and drycleaners. Ground floor commercial uses and upper story office uses are encouraged in this zone.

5.

D-OK-5 Oak Knoll District Amenity Community Commercial Zone - 5. The D-OK-5 Zone is intended to create, maintain, and enhance areas for community activities and commercial uses that provide a community amenity. Although this area is intended primarily to serve the community, spaces may be rented for non-community functions, including weddings and other organized events.

6.

D-OK-6 Oak Knoll District Active Open Space Zone - 6. The D-OK-6 Zone is intended to create, maintain and enhance open space areas that provide opportunities for informal active recreation and park use. The programming of each individual open space will respond to its location and the needs of surrounding residents. This zone is appropriate for lawn and landscaped areas, tot lots, and street furniture, such as benches, tables, and ornamental fixtures.

7.

D-OK-7 Oak Knoll District Passive Open Space Zone - 7. The D-OK-7 Zone is intended to create, maintain, and enhance open space areas that preserve natural features of the OKPUD area and provide opportunities for passive recreation and maintenance of visual buffers. The programing of each individual open space will respond to its location, natural resources, and topography. This zone is appropriate for management of vegetation and water features, hiking and walking trails, and enhancement of wildlife.

(Ord. No. 13466, § 2(Exh. A), 11-28-2017)

17.101J.020 - Required Design Review Process, Including Preliminary and Final Development Plan Approval and Oak Knoll Design Guidelines.

A.

All development within the Oak Knoll District is subject to an approved Planned Unit Development (PUD) permit pursuant to Chapters 17.140 and 17.142.

B.

Development within the District shall be consistent with the Oak Knoll Preliminary Development Plan (as it may be amended), in particular with the Oak Knoll Design Guidelines, which were adopted as part of the Preliminary Development Plan. Conformance to the Oak Knoll Design Guidelines is required for any change to the exterior of a building that requires a building permit in the Oak Knoll District.

C.

In addition, as applicable, development is subject to the following design review requirements:

1.

Original development of more than two (2) lots at the same time shall require approval of, and be consistent with, a Final Development Plan in accordance with the procedures set forth in Chapter 17.140. For development requiring a Final Development Plan, a determination of consistency with the Final Development Plan shall take the place of, and be deemed equivalent to, the design review procedures in Chapter 17.136.

2.

Original development of two (2) or fewer lots at the same time shall be subject to the design review procedures set forth in under 17.136.

3.

Subsequent approvals to existing development shall be subject to design review under Chapter 17.136, except where such projects are exempt from design review pursuant to Section 17.136.025. Where there is a conflict between the design review criteria contained in Section 17.136.070 and the design objectives contained in the Oak Knoll Design Guidelines, the design objectives in the Oak Knoll Design Guidelines shall prevail.

4.

Telecommunications facilities shall be subject to design review in accordance with Chapter 17.128 unless they have already been approved pursuant to a Final Development Plan.

5.

Signs other than those covered by a Final Development Plan shall be subject to design review in accordance with Chapter 17.104.

(Ord. No. 13466, § 2(Exh. A), 11-28-2017)

17.101J.030 - Permitted and conditionally permitted activities.

Table 17.101J.01 lists the permitted, conditionally permitted, and prohibited activities in the D-OK 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 and Section 17.101J.070 for the CUP procedure and criteria).

"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 17.101J.01: Permitted and Conditionally Permitted Activities

Limitations on Table 17.101J.01:

L1. Residential Care is only permitted in a One-Family Dwelling Residential Facility. No Residential Care or Emergency Shelter Residential Activity shall be located closer than three hundred (300) feet from any other such Activity or Facility. See Section 17.103.010 for other regulations regarding Residential Care and Emergency Shelter Residential Activities.

L2. An Emergency Shelter Residential Activity is limited to the temporary housing of displaced people after a catastrophe, including earthquake, fire, flood, or other similar act of God, that makes residences uninhabitable. All other types of Emergency Shelter Residential Activities are prohibited.

L3. Community Assembly Civic Activities are allowed only in accordance with the requirements in Section 17.11.060 for parks designated Neighborhood Park (NP). Where Section 17.11.060 is inconsistent with Note L4, below, Note L4 controls.

L4. The following Recreational Assembly and Essential Service Civic Activities are permitted: playgrounds and playing fields; basketball courts, tennis courts, handball courts, lawn bowling, leisure areas, and similar outdoor park and recreational facilities; picnic areas; community gardens; dog run areas; and uses accessory to these permitted uses. The following Recreational Assembly Civic Activities are conditionally permitted: food service and other concessions; temporary nonprofit festivals; community outdoor swimming and wading pools, and other water play features; and permanent bleacher seating and outdoor field lighting.

L5. In addition to the Conditional Use Permit (CUP) criteria required under Section 17.134.050, as modified by Section 17.101J.070, the following additional criteria also must be met:

1. That the proposal will not interfere with the operations of the surrounding uses;

2. That the proposal will not exceed five thousand (5,000) square feet on the ground floor; and

3. That the proposal will not interfere with the movement of people along the sidewalk or pedestrian walkways.

L6. Temporary health clinics, including clinics for flu shots, vaccinations, eye health screening, and other similar activities, and temporary blood drives, are permitted. As used in Note L6, "temporary" means an event that lasts no longer than seven (7) days. All other Health Care Civic Activities are prohibited.

L7. The total floor area devoted to these activities is limited to five thousand (5,000) square feet.

L8. See Section 17.102.170 for special regulations relating to massage services and Section 17.102.450 for special regulations relating to laundromats.

L9. The total floor area devoted to these activities on the ground floor 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 and Section 17.101J.070 for the CUP procedure and criteria).

L10. The total floor area devoted to Administrative Activities is limited to five thousand (5,000) square feet if located on the ground floor. There is no size limitation for such uses if not located on the ground floor.

L11. Except for media services, these activities are not permitted if located on the ground floor of a building.

L12. In areas with existing kitchen facilities, Custom Manufacturing Activities that require a kitchen, such as beverage and food production, are permitted. Temporary demonstrations, educational programs, and workshops about any custom manufacturing activity are permitted. 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). The permanent establishment of Custom Manufacturing Activities that do not require kitchens or in any area that does not contain existing kitchen facilities requires a Major Conditional Use Permit.

L13. Other than Community Gardens (see Note L14), Limited Agriculture is only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 and Section 17.101J.070 for the CUP procedure and criteria). In addition to the CUP criteria contained in Section 17.134.050 and Section 17.101J.070, 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;

2. Agricultural chemicals or pesticides will not impact abutting properties or the surrounding neighborhood; and

3. The soil used in growing does not contain any harmful contaminants and the activity will not create contaminated soil.

L14. 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.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13466, § 2(Exh. A), 11-28-2017)

17.101J.040 - Permitted and conditionally permitted facilities.

Table 17.101J.02 lists the permitted, conditionally permitted, and prohibited facilities in the D-OK 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 and Section 17.101J.070 for the CUP procedure and criteria).

"L" designates facilities subject to certain limitations listed at the bottom of the Table.

"—" designates facilities that are prohibited.

Table 17.101J.02: Permitted and Conditionally Permitted Facilities

Limitations on Table 17.101J.02:

L1. 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 10:30 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.

L2. Drive-through facilities are permitted for pharmacy and retail banking uses only. Drive-through facilities are prohibited for all other uses.

L3. All signs other than monument signs, which are defined in the OKPUD, shall comply with the regulations in Section 17.104.010. Monument signs shall comply with the regulations in Section 17.101J.020 and the OKPUD.

L4. Signs shall comply with the regulations in Section 17.101J.020, 17.104.020, or 17.104.070, as applicable.

L5. See Section 17.103.080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units.

(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. 13466, § 2(Exh. A), 11-28-2017)

17.101J.050 - Property development standards.

A.

Zone Specific Standards. Table 17.101J.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 17.101J.03: Property Development Standards

Additional Regulations for Table 17.101J.03:

1. No additional subdivisions other than what was approved in the OKPUD are permitted unless a new planned unit development (PUD) application is submitted pursuant to the procedures in Chapter 17.140.

2. The minimum frontage requirement does not apply to flag lots created as part of the original OKPUD.

3. For lots in the D-OK-1 Zone with a footprint slope of less than twenty percent (20%), the minimum front setback is fifteen (15) feet. For lots in the D-OK-1 Zone with a footprint slope equal to or greater than twenty percent (20%), the minimum front setback is five (5) feet.

4. For residences in the D-OK-2 Zone located off of a shared access facility, the minimum front setback is measured from the edge of the pavement of the common access drive.

5. The minimum front setback for a garage is eighteen (18) feet for lots in the D-OK-1 Zone with a footprint slope equal to or less than twenty percent (20%), and lots in the D-OK-3 Zone. In the D-OK-2 Zone, the minimum front setback for a garage is fifteen (15) feet. The minimum front setback for a garage is five (5) feet for lots in the D-OK-1 Zone with a footprint slope greater than twenty percent (20%).

6. In the D-OK-1, D-OK-2, and D-OK-3 Zones, covered porches are permitted in the front setback; in these zones, covered porches not exceeding one (1) story and structures under thirty (30) inches in height shall have a minimum front setback of three (3) feet. Stairs in these zones are permitted up to the front property line.

7. In the D-OK-2 Zone, the minimum interior side yard is three (3) feet except, for a single-family dwelling unit on a lot with two (2) interior side yards, one (1) of the two (2) interior side yards can be reduced to zero (0) feet without a variance if the other interior side yard is at least five (5) feet. On the ground-floor, only a garage of a maximum length of twenty-four (24) feet is allowed on the interior side without a side yard. Habitable rooms are permitted over such a garage. On the interior side without a side yard, no windows, doors or upper floor balconies or decks are permitted less than three (3) feet of the property line.

8. In the D-OK-1 Zone, the minimum interior side yard is four (4) feet on lots less than six thousand (6,000) square feet. The minimum interior side yard is five (5) feet on all other lots in the D-OK-1 Zone. In the D-OK-

4 Zone, there is no minimum interior side yard setback unless the interior side lot line is adjacent to a Residential Zone, in which case the minimum side yard setback is five (5) feet.

9. In the D-OK-2 Zone, the minimum rear setback can be reduced to five (5) feet over a maximum of onehalf (½) the width of the developable portion of the lot (i.e., the width not including the applicable side yard setbacks), as shown in the following figure. In the D-OK-4 Zone, there is no minimum rear setback unless the rear lot line is adjacent to a Residential Zone, in which case the rear setback is five (5) feet.

==> picture [300 x 233] intentionally omitted <==

10. If there is any ambiguity regarding the required setbacks, the setbacks in the Oak Knoll Design Guidelines shall control.

11. Section 17.103.080 for regulations regarding permitted Accessory Dwelling Units.

12. See Section 17.108.030 for allowed projections above height limits and Section 17.108.020 for increased height limits in certain situations. See Table 17.101J.04 for height regulations for all lots with a footprint slope exceeding twenty percent (20%), or that are terraced or split. In the D-OK-5 Zone, the maximum height is measured from the ground level of the building, and the tower of Club Knoll is an allowed projection above the height limit. Also in the D-OK-5 Zone, for any building other than Club Knoll or a replica of Club Knoll, the height limit is the same as in the D-OK-4 Zone.

ts with a footprint slope exceeding twenty percent (20%), or that are terraced or split. In the D-OK-5 Zone, the maximum height is measured from the ground level of the building, and the tower of Club Knoll is an allowed projection above the height limit. Also in the D-OK-5 Zone, for any building other than Club Knoll or a replica of Club Knoll, the height limit is the same as in the D-OK-4 Zone.

13. The per unit Group Open Space requirement can be replaced by 70 square feet of dedicated Private Open Space per unit. All usable Group Open Space shall meet the requirements in Sections 17.126.030.A through 17.126.030.E. Usable Private Open Space shall meet the following requirements:

a. Usability. A surface shall be provided which prevents dust and allows convenient use for outdoor activities. Such surface shall be any practicable combination of lawn, garden, flagstone, wood planking, concrete, asphalt, or other serviceable, dust-free surfacing. Slope shall not exceed ten percent (10%). Offstreet parking and loading areas, driveways, and service areas shall not be counted as usable open space.

Adequate safety railings or other protective devices shall be erected wherever necessary for space on a roof or balcony, but shall not be more than the minimum height required by the Oakland Building Code.

b. Location. The space may be located anywhere on the lot. Above-ground-level space may be counted even though it projects beyond a street line. All spaces shall be adjacent to, and not more than four (4) feet above or below the floor level of, the living unit served.

c. Size and Shape. An area of contiguous ground-level space shall be of such size and shape that a rectangle inscribed within it shall have no dimension less than ten (10) feet. An area of above-ground-level space shall be of such size and shape that a rectangle inscribed within it shall have no dimension less than five (5) feet. When space is located on a roof, the area occupied by vents or other structures which do not enhance usability of the space shall not be counted toward the above dimension.

d. Accessibility. The space shall be accessible to only one (1) living unit by a doorway to a habitable room or hallway.

e. Openness. There shall be no obstructions over ground-level space except for devices to enhance its usability and except that not more than fifty percent (50%) of the space may be covered by a private balcony projecting from a higher story. Above-ground-level space shall have at least one (1) exterior side open and unobstructed, except for incidental railings or balustrades, for eight (8) feet above its floor level.

Enclosures and landscaping for both usable Group and Private Open Spaces must be consistent with the requirements in the Oak Knoll Design Guidelines.

14. In the D-OK District Residential Zones, Section 2.6 of the Oak Knoll Design Guidelines applies. Parking and loading requirements in the D-OK-4 Zone are the same as in the CN-4 Zone, subject to the exceptions stated in Note 15 below.

15. Locker areas, storage areas, mechanical rooms, and other non-active spaces shall not be located within thirty (30) feet from the front of the principal building except for incidental entrances to such activities elsewhere in the building. Exceptions to this regulation may be permitted by the Planning Director for utilities and trash enclosures that cannot be feasibly placed in other locations of the building. Driveways, garage entrances, or other access to parking and loading facilities may be located in front of the principal building, as regulated by Note 12 to Table 17.33.03 in Planning Code Section 17.33.050.A. "Street" parking is allowed along either the principal street or principal private driveway in front of the principal building. (An example of "street" parking is shown in Figure 1.5 in Chapter 2.3 of the Oak Knoll Design Guidelines.) Parking lots are not allowed in the front of the principal building.

16. The minimum percent transparency for the band between two (2) feet and eight (8) feet in height of any side of a commercial building facing a Principal Drive is forty percent (40%). The minimum percent transparency for the band between two (2) feet and eight (8) feet in height of any side of a commercial building facing a retail plaza is seventy percent (70%). An example of glazing treatment that meets these requirements is illustrated in the figure below:

==> picture [445 x 149] intentionally omitted <==

17. The minimum height requirement applies only for new principal buildings and the height is measured from the sidewalk grade to the ground floor ceiling.

18. In the D-OK-1, D-OK-2, and D-OK-3 Zones, the regulations in Sections 17.116.050, 17.116.060 and 17.116.070 for the RH and/or RD Zones apply. In the D-OK-4 Zone, the regulations in Sections 17.116.050, 17.116.070, 17.116.080, 17.116.090, and 17.116.140 for the CN Zone apply. In the D-OK-5 Zone, the regulations in Sections 17.116.050, 17.116.070, 17.116.080, and 17.116.090, and 17.116.130 for "any other zone" apply. In the D-OK-6 and D-OK-7 Zones, the regulations in Sections 17.116.050 through 17.116.100 for the OS Zone apply.

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

B.

Height Standards for Sloped, Terraced, or Split Lots. Table 17.101J.04 below prescribes the height standards associated with different sloped, terraced, or split lots. The numbers in the "Additional Regulations" column refer to the regulations listed at the end of the Table.

Table 17.101J.04 Height Regulations for all Lots with a Footprint Slope of >20%, Terraced, or Split

Additional Regulations for Table 17.101J.04:

1. See Section 17.108.030 for allowed projections above height limits and Section 17.108.020 for increased height limits for civic buildings.

2. On a downslope lot greater than seventeen percent (20%) footprint slope, or that is terraced or split, 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 17.101J.04, below).

3.

The building height is measured from finished or existing grade, whichever is lower.

==> picture [360 x 511] intentionally omitted <==

C.

Additional Development Regulations in the D-OK-1 and D-OK-2 Zones. Table 17.101J.05 below prescribes the standards for garage doors, retaining walls, stoops, and porches in the D-OK-1 and D-OK-2 Zones. The numbers in the "Additional Regulations" column refer to the regulations listed at the end of the Table.

Table 17.101J.05 Additional Development Regulations in the D-OK-1 and D-OK-2 Zones

Additional Regulations for Table 17.101J.05:

1. Retaining walls, if used in the front, must be set back a minimum of two (2) feet from the sidewalk.

(Ord. No. 13466, § 2(Exh. A), 11-28-2017; Ord. No. 13666, § 3(Exh. A), 11-16-2021; Ord. No. 13677, § 4(Exh. A), 1-18-2022)

17.101J.060 - Subdivision.

The OKPUD is approved for 935 residential dwelling units and eight-two thousand (82,000) sf. of nonresidential space. No additional residential subdivisions are permitted.

(Ord. No. 13466, § 2(Exh. A), 11-28-2017)

17.101J.070 - Conditional use permit criteria.

A.

The procedures in Chapter 17.134 apply in the D-OK Zones except for the criterion required by Section 17.134.050.D.

B.

In the D-OK Zones, the following criterion replaces the criterion found in Section 17.134.050.D: That the proposal conforms to all applicable design review criteria set forth in the design review procedure at Section 17.101J.020.C and the Oak Knoll Design Guidelines.

(Ord. No. 13466, § 2(Exh. A), 11-28-2017)

17.101J.080 - 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 D-OK Zones to the extent not contrary to the standards specifically set forth in this Chapter and the Oak Knoll Design Guidelines.

D.

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

E.

Landscaping and Screening Standards. The regulations set forth in Chapter 17.124 shall apply in the D-OK Zones to the extent not contrary to the standards specifically set forth in the Oak Knoll Design Guidelines.

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 to the extent not contrary to the standards specifically set forth in the Oak Knoll Design Guidelines.

G.

Bicycle Parking. The bicycle parking requirements in Chapter 17.117 apply in the D-OK Zones.

H.

Special Regulations and Findings for Certain Use Classifications. The regulations set forth in Chapter 17.103 shall apply in the D-OK Zones to the extent noted in Table 17.101J.01.

I.

Performance Standards. The regulations set forth in Chapter 17.120 shall apply in the D-OK Zones.

J.

Hillside Subdivisions. The regulations set forth in Oakland Municipal Code Chapter 16.28 shall not apply in the D-OK Zones.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13466, § 2(Exh. A), 11-28-2017)

17.101J.090 - Definitions.

As used in Chapter 17.101J, the following words have the meanings defined below:

A.

Developable Area. The developable area is the lot area excluding required setbacks.

B.

Footprint Slope. Footprint slope means the grade across a lot from the front to back (or back to front) of the developable area.

C.

Principal Drive. Principal Drive is a private driveway in a commercial area that connects to secondary drives.

D.

Secondary Drive. Secondary Drive is a drive aisle located in a surface or structured parking lot.

E.

Split Lot. A split lot is a lot that was sloped and has been graded to have two (2) different levels.

F.

Terraced Lot. A terraced lot is a lot that was sloped and has been graded to have more than two (2) levels.

(Ord. No. 13466, § 2(Exh. A), 11-28-2017)

Chapter 17.101K - D-DT DOWNTOWN DISTRICT ZONES REGULATIONS Article I - Title, Intent and Applicability of the D-DT Zones

17.101K.010 - Title, intent, and applicability.

A.

Title, intent, and applicability. The provisions of this Chapter shall be known as the D-DT Downtown District Zones Regulations. These regulations shall apply to the corresponding D-DT Zones on the Zoning Map. The intent of the D-DT Zones is to implement the Downtown Oakland Specific Plan (DOSP). These zones are consistent with the following goals of the DOSP:

1.

Create opportunities for economic growth and security for all Oaklanders;

Ensure sufficient housing is built and retained to meet the varied needs of current and future residents;

3.

Make downtown's streets comfortable, safe, and inviting and improve connections throughout the city so that everyone has efficient and reliable access to downtown's jobs and services;

4.

Encourage diverse voices and forms of expression to flourish;

5.

Provide vibrant public spaces and a healthy environment that improve the quality of life downtown today and for generations to come; and

6.

Develop downtown in a way that meets community needs and preserves Oakland's unique character.

B.

Intent of primary zones. This Chapter establishes land use regulations for the following ten (10) primary zones as established on the Zoning Map:

1.

D-DT-P Downtown District Pedestrian Commercial Zone. The intent of the D-DT-P Zone is to create, maintain, and enhance the downtown core for pedestrian-oriented and active uses on the ground floor. Upper stories are intended for a wide range of commercial and residential activities.

2.

D-DT-C Downtown District General Commercial Zone. The intent of the D-DT-C Zone is to create, maintain, and enhance areas of Downtown appropriate for a wide range of ground-floor commercial activities. Upperstory spaces are intended for a wide range of commercial and residential activities.

3.

D-DT-CX Downtown District Mixed Commercial Zone. The intent of the D-DT-CX Zone is to designate areas of downtown appropriate for a wide range of residential, commercial, and compatible service and production activities.

4.

D-DT-R Downtown District Residential Zone. The intent of the D-DT-R Zone is to create, maintain, and enhance areas of downtown that are appropriate for residential development with small-scaled compatible ground-level commercial uses.

D-DT-RX Downtown District Mixed Residential Zone. The intent of the D-DT-RX Zone is to create, maintain, and enhance areas of downtown that are appropriate for residential and mixed-use buildings.

6.

D-DT-CPW Downtown District Planned Waterfront Development Commercial Zone. The intent of the D-DTCPW Zone is to encourage and facilitate comprehensively planned public space, streets and residential and commercial developments that contribute to the Estuary and Lake Merritt Channel waterfronts and help connect Brooklyn Basin to Downtown.

7.

D-DT-CW Downtown District Estuary Waterfront Commercial Zone. The D-DT-CW Zone is intended to create, maintain, and enhance areas of the Estuary Waterfront District to have a mix of marine, office, and other commercial uses.

8.

D-DT-AG Downtown District Art and Garage Commercial Zone. The intent of the D-DT-AG Zone is to create, preserve, and enhance commercial areas in downtown's Art and Garage District that are appropriate for specific service and production activities and provide adaptable space for artisans and craftspeople.

9.

D-DT-PM Downtown District Produce Market Commercial Zone. The intent of the D-DT-PM Zone is to create, preserve, and enhance mixed industrial/commercial areas in Jack London's historic Produce Market District that are appropriate for a wide range of retail, work/live, and commercial and wholesale establishments.

10.

D-DT-JLI Downtown District Jack London Industrial Zone. The intent of the D-DT-JLI Zone is to create, maintain, and enhance mixed industrial/commercial areas along the western edge of the Jack London District that will act as a transition between the more intensive West Oakland industrial area south of I-880 and the Jack London commercial area extending to the east. This transitional industrial area requires enhanced design and site plan review to ensure that future development does not adversely impact adjoining zones.

C.

Intent of Combining Zones. This Chapter establishes land use regulations for the following combining zones as established on the Zoning Map. All land located a combining zone is subject to regulations of the primary zone unless specifically modified by provisions of regulations in this Chapter.

1.

Employment Priority Combining Zone. The intent of the Employment Priority Combining Zone is to require office and other employment creating activities in certain areas of the Downtown District.

2.

BAMBD Arts and Culture Combining Zone. The intent of BAMBD Arts and Culture Combining Zone is to celebrate and support Oakland's Black and African-American community, culture and heritage. In doing this, the zone fosters a sense of belonging for all Oaklanders; highlights Oakland's rich history and diverse cultures, celebrates and strengthens an ethnic enclave; supports a community harmed by racial inequities; and increases access to cultural expression. In particular, the intent of the Zone is to:

A.

Support a critical mass of arts and entertainment establishments, which are essential to nurture and retain all residents including the creative workforce essential to recruiting and retaining employers in the modern economy;

B.

Animate the public space, rejuvenate the streetscape, improve local business viability, improve public safety, and bring diverse people together to inspire and be inspired by the legacies and contemporary manifestations of Black owned businesses and arts rooted in the Black cultural experience;

C.

Support a healthy and flourishing arts community, driving civic engagement, community involvement and public health;

D.

Serve and strengthen ethnic and racial communities harmed by racial disparities; and

E.

Accomplish the General Plan's historic preservation goal to preserve, protect, enhance, perpetuate, and prevent the unnecessary destruction or impairment of properties or physical features of special character or special historic, cultural, educational, architectural or aesthetic interest or value.

3.

The Green Loop Combining Zone. The intent of the Green Loop Combining Zone is to:

a.

Provide inviting landscaped pedestrian links between Downtown's Lake Merritt, Channel and Estuary waterfronts;

b.

Connect surrounding neighborhoods to Downtown's open space, cultural and entertainment areas; and

c.

Create an enhanced pedestrian experience with distinctive storefront and landscaping enhancements.

Sea Level Rise Combining Zone. The Sea Level Rise Combining Zone is intended to ensure that new development accounts for scientifically accepted future rises in sea level to ensure the health and safety of future occupants and the long-term viability of new construction and associated infrastructure.

(Ord. 13812, § 4(Exh. A), 7-30-2024)

Article II - Special Permit Requirements

17.101K.020 - Special regulations for Large-Scale Developments.

No development that involves more than two hundred thousand (200,000) square feet of new floor area, or a new building or portion thereof of more than two hundred seventy-five (275) feet in height, shall be permitted except upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP

procedure). This requirement shall not apply to developments that include one hundred percent (100%) affordable housing units, other than manager's units, or that have been approved according to the Planned Unit Development (PUD) procedure (see Chapter 17.140 for the PUD procedure).

(Ord. 13812, § 4(Exh. A), 7-30-2024)

17.101K.030 - 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. 13812, § 4(Exh. A), 7-30-2024)

17.101K.040 - Planned Unit Development Permit in the D-DT-CPW Commercial Zone.

No new building development in the D-DT-CPW Zone shall be permitted except upon the granting of a Planned Unit Development Permit (see Chapter 17.140 for the Planned Unit Development (PUD) Procedure and Chapter 17.142 for the PUD Requirements). In addition to the general PUD criteria contained in Section 17.140.080, these proposals must also meet the following criterion:

A.

The proposal is consistent with planned street and other infrastructure improvements in the Downtown Oakland Specific Plan, particularly those that create an enhanced connection to the rest of the Jack London District to the west and adapt to and protect the public from sea level rise.

(Ord. 13812, § 4(Exh. A), 7-30-2024)

Article III - Use Requirements

17.101K.050 - Permitted and Conditionally Permitted Activities.

A.

The following activity classification are added for the purposes of this Chapter only. The descriptions of the other activity classifications listed in Table 17.101K.01 are contained in Chapter 17.10.

1.

Boat and Marine-Related Sales, Rental, Repair and Servicing Commercial Activities. Boat and MarineRelated Sales, Rental, Repair and Servicing Commercial Activities include the sale, rental, leasing and incidental cleaning, servicing, and repair of boats and other vehicles and facilities associated with waterand marine-based travel and movement. This classification also includes activities associated with docks and marinas where boats and ships are anchored, moored, rented, sold or serviced. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

B.

Permitted and Conditionally Permitted Activities. Table 17.101K.01 lists the permitted, conditionally permitted, and prohibited activities in the D-DT Zones. The descriptions of these activities are contained in Chapter 17.10 and in Subsection A, above.

"P" designates permitted activities in the corresponding zone.

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

"L" designates activities subject to certain limitations or notes listed at the bottom of the Table.

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

Table 17.101K.01: Permitted and Conditionally Permitted Activities

Limitations on Table 17.101K.01:

• The Employment Priority Combining Zone activity regulations supersede the regulations of the base zone.

L1. See Table 17.101K.02 for limitations on the construction of new ground-floor Residential Facilities and new Residential Facilities.

L2. See Table 17.101K.02 for requirements and limitations regarding the construction of Residential Facilities, principal buildings, D-DT-Work/Live Nonresidential Facilities, additions, and accessory structures in the D-DT-CPW Zone.

L3. 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; permitted upon the granting of a Conditional Use Permit elsewhere in the zone.

L4. These activities are only permitted in existing Residential Facilities. 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 prior the effective date of this Chapter.

L5. With the exception of parcels facing Broadway, San Pablo Avenue, Telegraph Avenue, and 14th Street, the total floor area devoted to these activities on the ground floor by any single establishment may only exceed ten thousand (10,000) square feet upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure). However, the total floor area devoted to Consumer Cleaning and Repair on the ground floor 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).

r by any single establishment may only exceed ten thousand (10,000) square feet upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure). However, the total floor area devoted to Consumer Cleaning and Repair on the ground floor 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).

L6. With the exception of seasonal sales and special events, a Group Assembly Commercial Activity in conjunction with an Open Nonresidential Facility is only permitted upon the granting of Conditional Use Permit (see Chapter 17.134 for the CUP procedure).

L7. These activities are 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, when these activities are located both on the ground floor of a building and within thirty (30) feet of the principal street facade (with the exception of incidental pedestrian entrances that lead to one (1) of these activities elsewhere in

the building), these conditionally permitted ground floor proposals must also meet both of the following criteria:

a. The proposal will not impair a generally continuous wall of building facades; and

b. The proposal will not weaken the concentration and continuity of ground-floor commercial and will not impair the retention or creation of an important shopping frontage.

L8. These activities shall only be located on or below the ground floor of a building with the following two (2) exceptions:

a. An activity is permitted anywhere above the ground floor if the floor area devoted to the activity is three thousand (3,000) square feet or less; and

b. An activity located on the ground floor may extend to the second floor of a building if both: 1) the activity on the second floor is the same as, or accessory to, the ground floor activity and part of the same business or establishment; and 2) there is a direct internal connection between the ground floor and the second story activities.

L9. No new or expanded Special Health Care Civic Activity shall be located closer than two-thousand fivehundred (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.

L10. See Section 17.102.170 for special regulations relating to massage services and Section 17.102.450 for special regulations regarding laundromats.

L11. No new or expanded Check Cashier and Check Cashing Commercial Activity shall be located closer than one thousand (1,000) feet from any other such activity or five hundred (500) feet from any Community Education, Community Assembly, or Recreational Assembly Civic Activity; State or Federally chartered bank, savings association, credit union, or industrial loan company; or certain Alcoholic Beverage Sales Commercial Activities. See Section 17.103.040 for further regulations regarding Check Cashier and Check Cashing Commercial Activities.

uch activity or five hundred (500) feet from any Community Education, Community Assembly, or Recreational Assembly Civic Activity; State or Federally chartered bank, savings association, credit union, or industrial loan company; or certain Alcoholic Beverage Sales Commercial Activities. See Section 17.103.040 for further regulations regarding Check Cashier and Check Cashing Commercial Activities.

L12. 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.

L13. These activities, including accessory activities, are only allowed to be performed indoors. This requirement includes but is not limited to: vehicles stored before and after servicing, general storage, vehicle and other repair, and automotive cleaning. This requirement excludes parking for customers currently at the business and automotive fueling. Gas stations as a principal activity are prohibited.

L14. Automotive fee parking is only permitted upon the granting of Conditional Use Permit (see Chapter 17.134 for the CUP procedure) and must be either a parking structure or in a below-grade parking lot. Automotive fee parking is otherwise prohibited.

L15. Limited Agriculture is permitted if it occupies less than twenty thousand (20,000) square feet of land area and any sales area is less than one thousand (1,000) square feet. The activity is conditionally permitted if larger in either land or sales area (see Chapter 17.134 for the CUP procedure).

L16. With the exception of retail bank branches, these activities are not permitted when they are located both on the ground floor of a building and within thirty (30) feet of the principal street facade. Incidental pedestrian entrances that lead to one of these activities elsewhere in the building are exempted from this restriction.

L17. See Table 17.101K.04 for regulations regarding special ground floor transparency requirements for Health Care Civic and Special Health Care Civic Activities and Medical Services Commercial Activities.

L18. Daycare facilities, preschools, and elementary schools with more than fifty (50) enrollees require a pickup and drop-off management plan approved by the Bureau of Planning that prevents double parking and assures the safe pickup and drop-off of students.

L19. These activities must be in a space shared by an art gallery, performance space, auto garage, Artisan Production Commercial Activity, or Light or Custom Manufacturing Industrial Activity. At least fifty (50) percent of floor area shall be solely devoted to one (1) or more of these three (3) activities.

L20. These activities are only permitted as accessory to Consumer Cleaning and Repair Service facilities.

L21. These activities shall only be located on the ground floor of a principal building if they are open to the public and provide services to customers on-site.

L22. With the exception of coworking spaces, these activities are not permitted on the ground floor of a building.

L23. Administrative activities accessory to an Industrial Activity are limited to twenty percent (20%) of floor area in the D-DT-JLI Zone.

L24. These activities are only permitted as accessory to an Animal Care Commercial Activity.

L25. These activities are only permitted if they have ground floor space dedicated to General Retail Sales, General Food Sales, Limited Service Restaurant and Café, or Full-Service Restaurant Commercial Activities within thirty (30) feet of the principal street facade.

L26. These activities are only permitted in existing buildings. 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 prior to the effective date of this Chapter.

L27. Residential Activities are only permitted in the Employment Priority Combining Zone if the project meets the nonresidential floor area requirements contained in Table 17.101K.02, note L4.

L28. During operating hours, ground floor Artisan Production Commercial Activities shall be open to the public to purchase and view items produced on site. On other floors, these activities shall either be open to the public during operating hours or available by appointment to view and purchase items produced on site.

L29. Any on-sale and/or off-sale of alcoholic beverages in conjunction with an approved arts, entertainment, or cultural use in these zones does not require a Conditional Use Permit (CUP), but instead shall obtain a Central District Entertainment Venue Permit as described in Oakland Municipal Code Chapter 5.12. Arts, entertainment, and cultural uses include, but are not limited to: bars, cabarets, night clubs, pool halls, bowling alleys, mini-golf, mechanical or electronic games, museums, art galleries, barber shop or salon, nail salon, performing arts centers, auditoriums, theaters, and other similar venues. Any alcoholic beverages sales in conjunction with an approved arts, entertainment, or cultural use must conform to all applicable regulations, including but not limited to, Oakland Municipal Code Chapter 5.12.

L30. The total floor area devoted to these activities shall not exceed twenty-five thousand (25,000) square feet unless it is within an existing nonresidential building. 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 prior the effective date of this Chapter.

(Ord. 13812, § 4(Exh. A), 7-30-2024)

17.101K.060 - Permitted and Conditionally Permitted Facilities.

A.

The following facility classification is added for the purposes of this Chapter only. The descriptions of the other facility classifications listed in Table 17.101K.01 are contained in Chapter 17.10.

D-DT Work/Live Nonresidential Facilities. D-DT Work/Live Nonresidential Facilities include permanently fixed buildings, or those portions thereof, that accommodate or are intended to accommodate D-DT Work/Live Units as defined in Section 17.101K.070. This classification also includes certain facilities accessory to the above, as specified in Section 17.10.070.

B.

Table 17.101K.02 lists the permitted, conditionally permitted, and prohibited facilities in the D-DT Zones. The descriptions of these facilities are contained in Chapter 17.10 and in Subsection A, above.

"P" designates permitted facilities in the corresponding zone.

"C" designates facilities that are permitted only upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure) in the corresponding zone.

"L" designates facilities subject to certain limitations listed at the bottom of the Table.

"—" designates facilities that are prohibited.

Table 17.101K.02: Permitted, Conditionally Permitted, and Prohibited Facilities

Limitations on Table 17.101K.02:

• If a D-DT Primary Zone also has the Employment Priority Combining Zone, the Employment Priority regulations supersede the Primary Zone.

L1. See Chapter 17.114, Nonconforming Uses, for additions and alterations to legal nonconforming Residential Facilities; provided, however, that Accessory Dwelling Units are permitted when there is an existing applicable Residential Facility on a lot, subject to the provisions of Section 17.103.080 and Chapter 17.88.

L2. See Section 17.103.080 for regulations regarding permitted Accessory Dwelling Units.

L3. Except as indicated in a. below, construction of new ground-floor Residential Facilities and D-DT Work/Live Nonresidential Facilities is not permitted within thirty (30) feet of the principal street facade:

a. Incidental pedestrian entrances that lead to one of these activities elsewhere in a building are exempted from this requirement. See Section 17.101K.080 for how to identify the principal street.

L4. These facilities may only be established if forty percent (40%) or more of the maximum base Floor Area Ratio (FAR) is developed with Enclosed Nonresidential Facilities.

L5. No Conditional Use Permit (CUP) is required to accommodate Civic Activities, Limited Agriculture, seasonal sales, or special events.

L6. See Section 17.101K.070 for special regulations for D-DT Work/Live Units.

L7. These facilities are only permitted on the ground floor.

L8. New Enclosed Nonresidential Facilities and D-DT Work-Live Nonresidential Facilities are only permitted above existing buildings and the addition must be stepped back at least fifteen (15) feet from any street fronting facade.

L9. With the exception of public utility facilities, no new buildings or additions to existing buildings (including accessory structures) shall be constructed unless they are either: 1) part of a project that includes the construction of a principal building that is at least one hundred (100) feet in height, or 2) on a site that contains an existing principal building that is at least one hundred (100) feet in height. This minimum height is measured to the floor of the top story.

L10. With the exception of seasonal sales and special events, an Open Nonresidential Facility accommodating a Group Assembly Commercial Activity is only permitted upon the granting of Conditional Use Permit (see Chapter 17.134 for the CUP procedure).

(Ord. 13812, § 4(Exh. A), 7-30-2024)

17.101K.070 - Special Regulations for D-DT Work/Live Nonresidential Facilities.

A.

Definition of a D-DT Work/Live Unit. D-DT Work/Live Units are units contained within D-DT Work/Live Nonresidential Facilities that are designed to contain working space with accessory living space, are used for living and working, and meet the requirements of this Section.

B.

A D-DT Work/Live Nonresidential Facility must meet all applicable regulations contained in this Section. Section 17.102.190 relating to the conversion of buildings originally designed for Commercial or Industrial Activities into Joint Living and Working Quarters (JLWQs) does not apply to the D-DT Zones.

C.

D-DT Work/Live Units are Nonresidential Facilities and counted towards the nonresidential Floor Area Ratio, not the residential density.

D.

All D-DT Work/Live Units shall be designed under the Building Code to accommodate customers and employees. In the D-DT-AG and D-DT-PM Zones, D-DT Work/Live Units shall be designed under the Building Code to allow Manufacturing Activities.

E.

At least two-thirds of each unit shall be designated for working activities. Working and living activities shall be designated according to the following requirements:

1.

In unpartitioned kitchens or work areas that include kitchen fixtures and appliances, the following areas are considered living space: the counters, cabinets, eating space, sink and appliances in the area that will function as a kitchen and the floor area that is four (4) feet in front these items.

2.

If there is only one bathroom, half the bathroom shall be counted as living space and half shall be counted as workspace. Otherwise, bathrooms are counted as living space if their access is through living space. For instance, a bathroom in a loft is considered living space if the loft is a sleeping area. If the bathroom is accessed directly from the workspace, the bathroom shall be counted as workspace. If accessed directly from both, half the bathroom is considered living space and the other half commercial.

3.

Interior hallways and closets shall be counted as part of the space to which they are adjacent.

Living and working spaces shall be within the same Work/Live Unit and be directly connected.

5.

To accommodate flexible work activities, working areas shall be open and with as few interior walls as possible. "Offices" enclosed by four walls are considered living space because they are indistinguishable from bedrooms and cannot be used flexibly for different working activities.

6.

All ground-floor units adjacent to the front façade shall have a street entrance directly into the working area. For these units, the working area shall be adjacent to the street right-of-way.

F.

Regular Design Review required. Establishment of a D-DT Work/Live Unit are only permitted 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 each of the following additional criteria:

1.

Units on the ground-floor level of a building have a business presence on the street, including signage. For units in Commercial Zones, this includes a storefront-style façade as described in Section 17.101K.130(d). For units in Industrial Zones, this includes extra wide entrances and, if feasible, roll-up doors. For units in Residential Zones, this includes a business door that is oriented towards the street.

2.

The layout of nonresidential floor areas within a Work/Live Unit provides a functional open area for working activities.

3.

The floor and site plan for the project includes an adequate provision for the delivery of items required for a variety of businesses, including artist's work. This may include, but is not necessarily limited to, the following:

a.

Service elevators designed to carry and move oversized items;

b.

Extra-large slop sinks;

c.

Doors, corridors, and stairwells wide and/or straight enough to deliver large items; and

d.

Loading areas located near stairs and/or elevators.

G.

Activity, auto parking, bicycle parking, loading, open space, and unit size standards. Table 17.101K.03 below prescribes special regulations for D-DT Work/Live Units in applicable D-DT zones.

Table 17.101K.03 Special Regulations for D-DT Work/Live Units

Notes:

1. See Chapter 17.117 for bicycle parking standards.

2. Loading requirements apply to new construction only. For conversion of existing buildings, maintaining existing loading to at least these minimum number of berths is required. Also, see Chapter 17.116 for loading standards.

Article IV - Development and Design Standards

17.101K.080 - Determination of Principal and Secondary Streets.

A.

This section describes how to determine the principal street abutting a lot.

B.

The number of principal and secondary streets shall be determined in the following manner:

1.

For lots with one abutting street, the abutting street is the principal street;

2.

For lots with two frontages, one (1) abutting street shall be the principal street and the other the secondary street;

3.

For lots with three (3) or four (4) frontages, two (2) streets shall be principal streets and the remaining shall be secondary street(s);

4.

For lots with five (5) or more frontages, three (3) streets shall be principal streets and the remaining shall be secondary street(s).

C.

The street(s) abutting a site with the highest priority as described in Subsection (D) shall be designated as the principal street(s). When streets have the same priority, the Planning Director or their designee shall determine the principal street(s). In this case, streets intended to have a high volume of pedestrian traffic and/or ground-floor commercial activity and streets with the most intact pattern of pedestrian entrances shall be identified as the principal street(s).

D.

In order of priority, the following shall be principal streets when they abut a development site:

1.

Broadway, Telegraph Avenue, and San Pablo Avenue;

2.

Streets in the D-DT-P Zone;

3.

Thomas Berkley Way, 20[th ] Street, and Oak Street;

4.

Streets in the Arts and Cultural Combining Zone;

5.

Streets in the Green Loop Combining Zone;

6.

Streets in the D-DT-C Zone; and

7.

All other streets.

(Ord. 13812, § 4(Exh. A), 7-30-2024)

17.101K.090 - Lot, Setback, and Ground Floor Requirements.

Table 17.101K.04 below prescribes development standards specific to individual zones. The number designations in the right-hand column refer to the additional regulations listed at the end of the Table. "N/A" designates the standard is not applicable to the specified zone.

Table 17.101K.04 Development Standards for Downtown District Zones

Additional Regulations for Table 17.101K.04:

• If a D-DT Base Zone also has the Employment Priority Combining Zone, the Employment Priority regulations supersede the Base Zone.

1.

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

2.

No building shall be constructed within sixty (60) feet of the top of the bank of the Lake Merritt Channel. See Section 17.101K for other requirements for development adjacent to the Channel.

3.

There is no front setback required, except as described in note 2; and there is a six (6) foot front setback required for new construction when the ground floor contains residential units adjacent to the principal street.

4.

In the D-DT-PM and D-DT-AG Zones, any upper-story addition shall be stepped back at least fifteen (15) feet from any street fronting facade.

5.

See Section 17.108.130 for allowed projections into setbacks and 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 legallyrequired living room window.

6.

The following notes apply to the maximum yard requirements:

a.

In the D-DT-RX, D-DT-CX, and D-DT-CPW Zones, the maximum front and street side setback for the first story is five (5) feet for Commercial Facilities and ten (10) feet for Residential Facilities.

b.

The requirements only apply to the construction of new principal buildings and to no more than two property lines. One of these property lines shall abut the principal street (see Section 17.101K.080 for how to identify the principal street).

c.

The requirements do not apply to new construction of facilities containing Civic Activities, Agricultural Activities, or Automobile and Other Light Vehicle Gas Station and Servicing Commercial Activities as principal activities.

d.

These maximum setbacks apply to seventy-five percent (75%) of the principal street facade and fifty percent (50%) on secondary streets, if any (see Section 17.101K.080 for how to identify the principal and secondary streets). All percentages, however, may be reduced to fifty percent (50%) upon the granting of Regular Design Review (see Chapter 17.136 for the Design Review procedure). In addition to the criteria contained in Section 17.136.050, the proposal must also meet the following criterion:

i.

Any additional yard area abutting the principal street is designed to accommodate publicly accessible plazas, sidewalk cafes, or restaurants, or to transition to the front setback of a neighboring Designated Historic Property or Potentially Designated Historic Property (see Section 17.101K.080 for how to identify the principal street).

7.

The rear setback in the D-DT-JLI zone is zero (0) feet for properties that do not abut parcels with Residential Facilities and ten (10) feet for properties that abut parcels with Residential Facilities.

8.

This percentage of transparency is only required for principal buildings that include ground floor Nonresidential Facilities, and only applies to the principal street facade. On all secondary street facades, the requirement is one-half (½) the standard for the principal street façade (see Section 17.101K.080 for how to identify the principal and secondary streets). The area of required transparency is between two (2) feet and nine (9) feet in height of the ground floor and must be comprised of clear, non-reflective windows that allow views out of indoor commercial space or lobbies. Glass block does not quality as a transparent window. Exceptions to this regulation may be allowed by the Director of the Planning Bureau, or his/her designee, for unique facilities such as convention centers, gymnasiums, parks, gas stations, theaters and other similar facilities.

9.

For ground floor Health Care and Special Health Care Civic Activities and Medical Services Commercial Activities this level of transparency can be reduced using fogged or otherwise opaque windows. However, windows adjacent to reception, lobby, and waiting areas shall remain transparent.

10.

This height is required for new principal buildings that include ground floor Nonresidential Facilities and is measured from the sidewalk grade to the second story floor.

(Ord. 13812, § 4(Exh. A), 7-30-2024)

17.101K.100 - Base Height and Intensity Standards.

Base Height and Intensity Standards. Table 17.101K.05 below prescribes height and intensity standards in the DDT Zones for projects not participating in the Zoning Incentive Program (ZIP), which is described in Section 17.101K.110. The numbers in the right-hand column refer to the additional regulations listed at the end of the Table. "N/A" designates the regulation is not applicable to the specified Height and Intensity Area.

The base height and intensity standards may be exceeded through the ZIP and/or through State Density Bonus Law (CA Gov't Code Section 65915 et seq.). Refer to Section 17.101K.110 for the D-DT Zoning ZIP Height and Intensity Regulations, which specify the maximum amount of development if a project participates in the ZIP. Refer to Section 17.107.040 for the City's Density Bonus regulations.

Table 17.101K.05 Base Height and Intensity Regulations, Height and Intensity Areas 1—11

Table 17.101K.05 (continued), Height and Intensity Areas 13-25

Notes:

See Chapter 17.107 for affordable and senior housing density incentives and Section 17.101K.120 for the transfer of development rights from other parcels in the Downtown District (D-DT) Zones.

2.

For mixed use projects in the D-DT Zones, the allowable intensity of development shall be measured according to both the maximum nonresidential Floor Area Ratio (FAR) allowed by the zone and the maximum residential density allowed by the zone. The total lot area shall be used as a basis for computing both the maximum nonresidential FAR and the maximum residential density.

3.

See Section 17.108.030 for allowed projections above height limits and Section 17.108.020 for increased height limits for civic buildings.

4.

In the D-DT-CPW Zone, no new additions, accessory structures, or principal buildings shall be constructed unless they are either: 1) part of a project that includes the construction of a principal building that is at least one hundred (100) feet in height, or 2) on a site that contains an existing principal building that is at least one hundred (100) feet in height to the floor of the top story. This minimum height excludes the height of the allowed projections into the height limit contained in Section 17.108.030, Sign Facilities, and Telecommunications Facilities. Also, see Section 17.101K.040, which requires the granting of a Planned Unit Development Permit for all new construction and additions.

5.

This minimum height excludes the height of the allowed projections into the height limit contained in Section 17.108.030, Sign Facilities, and Telecommunications Facilities.

6.

The minimum height limit of properties within the Employment Priority Combining Zone is one hundred seventy-five (175) feet.

7.

Buildings constructed to accommodate Essential Service, Utility and Vehicular, or Extensive Impact Civic Activities as principal 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.

8.

The minimum height of the base can be reduced to allow transition to a lower-scale neighboring Potentially Designated Historic Property (PDHP) or Designated Historic Property.

9.

These required setbacks are in Table 17.101K.04 and include Note 3 of that table. Also, see Section 17.108.030 for allowed projections above height limits.

Sections 17.101K.130(A)(1)(b) and 17.101K.130(A)(1)(c) for more tower and base requirements.

11.

The average floor plate area of the stories above the base cannot exceed this percentage of lot area, with the following two qualifications:

a.

The floor plate area of an individual story cannot be more than fifteen percent (15%) greater than the maximum average per story floor area above base.

b.

A story that is more than fifteen percent (15%) less than the maximum average floor plate area is not included in the average per story floor area above the base.

12.

This regulation does not apply in the Employment Priority Combining Zone.

13.

For the purpose of this regulation, a "nonresidential building" means a building with more than one-third (⅓) floor area devoted to Nonresidential Activities.

14.

For the purpose of this regulation, a "residential building" means a building with at least two-thirds (⅔) floor area designated for Residential Activities.

15.

The following additional regulations apply to the tower stepback:

a.

Unenclosed recreational, landscaping, and open space facilities are permitted within this stepback area.

b.

A lesser stepback is permitted if it precludes the construction of the maximum average per story lot coverage.

c.

For nonresidential towers, a stepback is only required on sites adjacent to a right-of-way that is less than eighty (80) feet.

(Ord. 13812, § 4(Exh. A), 7-30-2024)

17.101K.110 - Zoning Incentive Program (ZIP).

Zoning Incentives in Exchange for Community Benefits. Under the Zoning Incentive Program (ZIP), projects may exceed the base height and intensity standards in Section 17.101K.100 up to the standards described in Subsection A., provided they contribute the benefits described in Subsection B. Projects may only participate in the ZIP if they are in one of the ZIP areas designated in the Zoning Map.

A.

Maximum Height, Density, Tower, and Building Base regulations under the ZIP. Table 17.101K.06 shows the maximum permitted height and intensity in each ZIP Height and Intensity Area for projects participating in the ZIP. These ZIP Height and Intensity Areas are designated on the Zoning Map. ZIP Height and Intensity Area maximums may only be exceeded if the applicant utilizes the State Density Bonus Law or the City's Density Bonus regulations. If an applicant chooses to utilize both the ZIP and the State Density Bonus Law, the State Density Bonus is calculated from the density established through the ZIP.

Table 17.101K.06: Maximum Height and Intensity in the ZIP Areas

Notes:

1.

See Chapter 17.107 for additional affordable and senior housing density incentives and Section 17.101K.120 for the transfer of development rights from other parcels in the Downtown District (D-DT) Zones.

2.

For mixed use projects the allowable intensity of development shall be measured according to both the maximum nonresidential Floor Area Ratio (FAR) allowed by the zone and the maximum residential density allowed by the zone. The total lot area shall be used as a basis for computing both the maximum nonresidential FAR and the maximum residential density.

3.

See Section 17.108.030 for allowed projections above height limits and Section 17.108.020 for increased height limits for civic buildings.

In the D-DT-CPW Zone, no new additions, accessory structures, or principal buildings shall be constructed unless they are either: 1) part of a project that includes the construction of a principal building that is at least one hundred (100) feet in height, or 2) on a site that contains an existing principal building that is at least one hundred (100) feet in height. This minimum height excludes the height of the allowed projections into the height limit contained in Section 17.108.030, Sign Facilities, and Telecommunications Facilities. Also, see Section 17.101K.040, which requires the granting of a Planned Unit Development Permit for all new construction.

5.

This minimum height excludes the height of the allowed projections into the height limit contained in Section 17.108.030, Sign Facilities, and Telecommunications Facilities.

6.

The minimum height limit of properties within the Employment Priority Combining Zone is one hundred seventy-five (175) feet.

7.

Buildings constructed to accommodate Essential Service, Utility and Vehicular, or Extensive Impact Civic Activities as principal 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.

8.

The minimum height of the base can be reduced to allow transition to a lower scale neighboring Potentially Designated Historic Property (PDHP) or Designated Historic Property (DHP).

9.

These required setbacks are in Table 17.101K.04 and include Note 3 of that table. Also, see Section 17.108.030 for allowed projections above height limits.

10.

Sections 17.101K.130(A)(1)(b) and 17.101K.130(A)(1)(c) for more tower and base requirements.

11.

The average floor area of the stories above the base cannot exceed this percentage of lot area, with the following two qualifications:

a.

The floor area of an individual story cannot be more than fifteen percent (15%) greater than the maximum average per story floor area above base.

b.

A story that is more than fifteen percent (15%) less than the maximum average floor area is not included in the average per story floor area above the base.

12.

This regulation does not apply in the Employment Priority Combining Zone.

13.

For the purpose of this regulation, a "residential building" means a building with at least two-thirds (⅔) floor area designated for Residential Activities.

14.

For the purpose of this regulation, a "nonresidential building" means a building with more than one-third (⅓) floor area devoted to Nonresidential Activities.

15.

The following additional regulations apply to the tower stepback:

a.

Unenclosed recreational, landscaping, and open space facilities are permitted within this stepback area.

b.

A lesser stepback is permitted if it precludes the construction of the maximum average per story lot coverage.

c.

For nonresidential towers, a stepback is only required on sites adjacent to a right-of-way that is less than eighty (80) feet.

B.

Community Benefit Contributions.

1.

In order to qualify for the ZIP to exceed the normally required base maximum height and intensity requirements contained in Table 17.101K.05, applicants must provide the community benefits and comply with the requirements of this Subsection. An applicant may provide any combination of the benefits identified in this Subsection.

2.

The amount of community benefits and/or fees required per incentive depends on in which ZIP Benefit Area the project is located and whether the project is receiving a residential incentive (increase in maximum

permitted dwelling units) or a commercial incentive (increase in maximum permitted nonresidential floor area). The Residential and Commercial ZIP Benefit Areas are designated on the Zoning Maps.

3.

The increase in the maximum permitted dwelling units and/or nonresidential floor area depends on the amount of community benefits and/or ZIP fees provided, as shown in Tables 17.101K.07 and 17.101K.08. Regardless of the community benefit contribution, the number of dwelling units or amount of nonresidential floor area cannot exceed the maximums prescribed in Subsection A (Table 17.101K.06).

4.

The applicant shall provide one or more of the community benefits described in Subsections a.i.—iv to participate in the ZIP. The additional development potential earned by providing these community benefits is in Tables 17.101K.07 and 17.101K.08.

a.

Types of Community Benefits

i.

Funding for Affordable Housing, Infrastructure Improvements, and Employment Training. Fees charged to a developer placed as allocated below in the following funds for the following purposes:

1.

Fifty percent (50%) of the contribution goes into the Affordable Housing Trust Fund as described in OMC Chapter 15.72;

2.

Twenty-five percent (25%) of the contribution goes into the Economic and Workforce Development Miscellaneous Fee Revenue Account to provide employment training and services, prioritizing residents harmed by racial income and unemployment disparities. Fifty percent (50%) of these funds are dedicated for construction training and apprenticeships programs.

3.

Twenty-five percent (25%) of the contribution goes into the Economic and Workforce Development Miscellaneous Fee Revenue Account to provide the Downtown improvements. This funding shall be used to implement public streetscape, open space, and/or flood control improvements that are consistent with the Downtown Oakland Specific Plan.

ii.

Below-Market Commercial Space. On site, ground floor space provided at fifty (50) percent of market rental rate for qualified retail, commercial, arts, and non-profit tenants that meet the City's tenanting priorities for tenants that achieve the City's goals to reduce racial inequities. In the BAMBD Arts and Culture Combining

Zone (see Section 17.101K.010), such tenants should also meet the intent of the district. A development requires a minimum of five hundred (500) square feet of commercial space to qualify for this incentive.

iii.

Public Restrooms. On-site, ground floor, gender-neutral restroom facilities that are open to the public at least between 8:30 a.m. and 6:00 p.m. each day of the week.

iv.

Streetscape, Open Space, and Flood Control Improvements. Public streetscape and/or open space improvements, provided by the developer, that are consistent with improvements called for in the Downtown Oakland Specific Plan. These improvements shall not include those generally required as part of a project approval in the D-DT Zone. The benefit may include pedestrian rightof-way and open space improvements such as plaza construction, landscaping, tree planting, and public art installation, plazas, street furniture, and other items that create an inviting public realm and, where applicable, support the development of cultural districts. Improvements may also include the implementation of flood control improvements in the Sea Level Rise Combining Zone that serve areas beyond the project site.

b.

Tables 17.101K.07 and 17.101K.08, below, contain the residential and nonresidential development potential, respectively, earned beyond the base amount (i.e., additional dwelling units and/or nonresidential floor area) by providing community benefits. The stated amount of benefit earns either the additional residential units described in Table 17.101K.07 or the additional nonresidential floor area described in Table 17.101K.08, or a combination of these. However, the stated amount of benefit cannot be "double counted" to earn the full amount of both residential and commercial benefits. For instance, providing one hundred (100) square feet of Below-Market Commercial Space can earn 1.3 additional dwelling units over the base permitted in Area R-A or one thousand three hundred eighteen (1,318) square feet of additional nonresidential floor area over the base permitted in Area C-A, but not both.

Table 17.101K.07 Residential ZIP Benefits: Community Benefits Required to Earn Additional Residential Units, by ZIP Benefit Area

Notes:

1.

Additional dwelling units are only permitted for each increment of $15,000 spent on Affordable Housing, Infrastructure Improvements and Employment Training. For instance, $20,000.00 worth of Affordable Housing, Infrastructure Improvements and Employment Training in a project does not provide any more dwelling units above the base than $15,000.00. Providing an additional benefit would require an increment of at least $15,000.00 worth of additional funding.

2.

Every July 1[st ] beginning on July 1, 2024, the amount of benefit for these items shall be adjusted upward annually at the rate of inflation in accordance with the percentage increase from January to January in the building cost index published by Marshall and Swift, or if such index ceases to be published, by an equivalent index chosen by the City Administrator, with appropriate adjustments for regional and local construction costs, as necessary. The adjustment shall be automatically effective regardless of whether the Master Fee Schedule has been amended to reflect the adjustment.

3.

When the amount of Funding for Funding for Affordable Housing, Infrastructure Improvements and Employment Training, Below-Market Commercial Space, or Streetscape, Open Space, and Floor Control Improvements results in a fractional number of additional dwelling units permitted above the base, the number of units permitted above the base is rounded up to the nearest whole number.

4.

Additional dwelling units are only permitted for each increment of 100 Square Feet of Below-Market Commercial Space. For instance, 150 square feet of Below-Market Commercial Space in a project does not allow any more dwelling units above the base than 100 square feet. Additional benefits would require an increment of at least 100 more square feet.

5.

The additional dwelling units above the base shown in this row of the table is the maximum permitted for providing public restrooms, regardless of the number of public restrooms provided.

6.

Every July 1[st ] beginning on July 1, 2024, the number of additional units permitted through providing two public restrooms shall be adjusted downward annually at the rate of inflation in accordance with the percentage increase from January to January in the building cost index published by Marshall and Swift, or if such index ceases to be published, by an equivalent index chosen by the City Administrator, with appropriate adjustments for regional and local construction costs, as necessary. The adjustment shall be automatically effective regardless of whether the Master Fee Schedule has been amended to reflect the adjustment.

7.

Additional dwelling units are only permitted for each increment of $150,000.00 of investment in Streetscape, Open Space, and Flood Control Improvements. For instance, $200,000.00 worth of improvements does not allow any more dwelling units above the base than $150,000.00. Additional benefits would require an additional increment of at least $150,000.00.

8.

See Section 15.72.100(B)5 for Affordable Housing Impact Fees requirements when using the Zoning Incentive Program.

Table 17.101K.08 Non-Residential ZIP Benefits: Community Benefits Required to Earn Additional Nonresidential Floor Area, by ZIP Benefit Area

Notes:

1.

Additional nonresidential floor area above the base is only permitted for each increment of $15,000.00 of Funding for Affordable Housing, Infrastructure Improvements and Employment Training.

2.

Every July 1[st ] beginning on July 1, 2024, the amount of additional floor area for these community benefits (not including restroom community benefit) shall be adjusted upward annually at the rate of inflation in accordance with the percentage increase from January to January in the building cost index published by Marshall and Swift, or if such index ceases to be published, by an equivalent index chosen by the City Administrator, with appropriate adjustments for regional and local construction costs, as necessary. The adjustment shall be automatically effective regardless of whether the Master Fee Schedule has been amended to reflect the adjustment.

3.

At least 1,000 square feet of Below-Market Commercial Space must be provided to qualify for additional nonresidential floor area above the base. Additional nonresidential floor area above the base is only permitted for each increment of 100 Square Feet of Below-Market Commercial Space. For instance, 150 square feet of Below-Market Commercial Space in a project does not provide any more nonresidential floor area above the base than 100 square feet. An additional benefit would require an additional increment of at least 100 more square feet.

4.

The additional nonresidential floor area above the base shown in this row of the table is the maximum permitted for providing public restrooms, regardless of the number of public restrooms provided.

5.

Every July 1[st ] beginning on July 1, 2024, the amount of additional floor area permitted through providing two public restrooms shall be adjusted downward annually at the rate of inflation in accordance with the percentage increase from January to January in the building cost index published by Marshall and Swift, or if such index ceases to be published, by an equivalent index chosen by the City Administrator, with appropriate adjustments for regional and local construction costs, as necessary. The adjustment shall be

automatically effective regardless of whether the Master Fee Schedule has been amended to reflect the adjustment.

6.

Additional nonresidential floor area above the base only permitted for each increment of $150,000.00 of investment in Streetscape, Open Space, and Flood Control Improvements. For instance, $200,000.00 worth of improvements does not allow any more floor area above the base than $150,000.00. Additional benefits would require an additional increment of at least $150,000.00.

(Ord. 13812, § 4(Exh. A), 7-30-2024)

17.101K.120 - Increased density and floor area ratio through the transfer of development rights in the D-DT Zones.

A.

Definitions. The following definitions shall apply to this Section:

1.

"Development Rights" means the maximum allowed dwelling units and floor area established in the zoning regulations for a specific lot.

2.

"Net Development Rights" means the difference between: 1) the development rights on a lot, and 2) the existing floor area and number of dwelling units on the same lot. For example, if the underlying zoning permits a maximum of fifty (50) dwelling units on a lot, and the same lot contains forty (40) dwelling units, then the net development rights for density available for transfer is ten (10) dwelling units.

3.

"Transfer of Development Rights (TDR)" means the transfer of some or all of the net development rights from a sending site to a designated receiving site, resulting in an increase in the number of dwelling units and/or amount of floor area than would otherwise be permitted at the receiving site. For example, a transfer of development rights for number of dwelling units has occurred if the sending site described in definition (2), above, transfers all its net development rights to allow a receiving site to construct ten (10) dwelling units more than normally permitted in the zoning regulations. In this case, the sending site would not be permitted to contain more than the existing forty (40) dwelling units, because it transferred the site's net development rights to the receiving site.

4.

Receiving Site. A development site that receives net development rights from a sending site.

5.

Sending Site. A lot that sends some or all its net development rights to another proposed development site.

B.

A transfer of development rights from a sending site to a receiving site in a D-DT Zone is only permitted if it meets the requirements of this section. This section shall supersede the regulations contained in Section 17.106.050.

C.

Development rights from a single sending site may be transferred as a group to a single receiving site or in separate increments to several receiving sites. Development rights may be transferred from the original owner of the development rights to either: 1) the owner of a receiving site, or 2) to an entity(s) that holds them for subsequent transfer to the owner(s) of a receiving site(s).

D.

Prior to the transfer of development rights, the owner of the sending site shall submit for approval by the Bureau of Planning, in consultation with the Office of Cultural Heritage Survey, a maintenance plan. The plan shall describe any proposed preservation work that guarantees the maintenance and upkeep of the sending site. This plan shall include:

1.

A plan for the ongoing maintenance for the sending site, including clearing any outstanding Notices of Violation;

2.

Information regarding the nature and cost of any preservation work to be conducted on the sending site, including information about any required seismic, life safety, or disability access work; and

3.

Any other information that the Bureau of Planning requires to determine compliance to this subsection.

E.

For any transfers of development rights, the owners of the sending site shall prepare and execute an agreement, approved as to form and legality by the City Attorney and filed with the Alameda County Recorder under the addresses of both the receiving and sending sites, incorporating the restricted development rights at the sending site, the plan described in Subsection D, and the expanded development rights at the receiving site.

F.

After the transfer of development rights, the principal building(s) on the sending site shall not be demolished unless there is an imminent danger to health and safety as determined by the Building Official.

G.

Characteristics of the sending and receiving sites.

Both the receiving and sending sites must be within a D-DT Zone.

2.

The sending site shall be at least one of the following: 1) a Designated Historic Property (DHP); 2) a Potentially Designated Historic Property (PDHP) that contributes to an Area of Secondary Importance (ASI) or Area of Primary Importance (API); or 3) a property rated "A" or "B" by the Office of the Cultural Heritage Survey.

3.

The receiving site shall be neither: 1) a Designated Historic Property (DHP); 2) a Potentially Designated Historic Property (PDHP) that contributes to an Area of Secondary Importance (ASI) or Area of Primary Importance (API); nor 3) a property rated "A" or "B" by the Office of the Cultural Heritage Survey.

4.

A receiving site being granted additional density over the base must be in a location that permits Residential Facilities, and a receiving site being granted additional nonresidential floor area over the base must be at a location that permits Enclosed Nonresidential Facilities.

H.

Relationship to the Zoning Incentive Program and the State Density Bonus Law.

I.

The number of units and/or floor area greater than what is permitted under the base density at a receiving site achieved through a transfer of development rights shall not be more than half of the maximum of what could be achieved through the D-DT Zoning Incentive Program (see Section 17.101K.110 for the ZIP regulations) . For example, if the ZIP allows twenty (20) more units and fifty thousand (50,000) more square feet than what is normally allowed by the base intensity regulations at a site, then the maximum a transfer of development rights can achieve is ten (10) units and twenty-five thousand (25,000) square feet over what is allowed under the base intensity at the site.

J.

The intensity achieved through the TDR program plus the intensity achieved under the ZIP shall not exceed the maximum permitted under the ZIP.

K.

If an applicant chooses to utilize both the TDR program and the State Density Bonus Law, the State Density Bonus is calculated from the new base density established through the TDR, plus any additional development generated under the Zoning Incentive Program.

Construction at a receiving site above the maximum height that is permitted in the applicable base zone are only permitted upon the granting of Regular Design Review Approval. This increase over the maximum height shall meet both of the following requirements:

a.

The additional height shall be limited to only that required to physically accommodate the transferred net development rights. The additional height required to accommodate the transferred development rights shall be based on the average size of the dwelling units (including common hallways) at the sending site and the nonresidential floor area transferred to the receiving site.

(Ord. 13812, § 4(Exh. A), 7-30-2024)

17.101K.130 - General Design Standards.

A.

The following regulations apply to newly constructed principal buildings, with the exception of new industrial buildings:

1.

Ground Floor Treatment.

a.

Entrance. Buildings shall have at least one prominent pedestrian entrance on the ground floor facing and oriented toward the street on the principal street façade (see Section 17.101K.080 for how to identify the principal street). Entrances at building corners facing both the principal street and a secondary street may be used to satisfy this requirement. Building entrances include doors to one or more shops, businesses, lobbies, or living units. Entrances shall be made prominent through some combination of change in material, an awning above a door, additional detailing and transparency surrounding the entrance, stairs leading to the door, and other features. The entrance for Nonresidential Facilities shall be at grade. Entrances shall be recessed at least three (3) feet from the façade of all buildings.

b.

Ground Floor Materials. All ground-floor building materials shall be durable, of high quality, and display a sense of permanence. Such materials include stone, poured concrete, tile, brick, metal panel systems, glass, and/or other similar materials.

c.

Distinguishing Ground Floor. The ground level of the building shall be designed to enhance the visual experience for pedestrians and distinguish it from upper stories. This shall be achieved by designing a ground floor facade that is distinct from the rest of the building through some combination of two or more of the following: change of material, enhanced detailing, cornices, awnings, canopies, and/or other elements.

d.

Ground Floor Commercial Façade Elements. For buildings with ground floor commercial space, the ground floor shall be modulated into a regular cadence of storefront-sized windows and entrances and contain a window base or kickplate, and transom windows. The design of these elements shall be consistent with the style of the building. Ground floor commercial facades shall be within five (5) feet of the front property line.

e.

Active Space Requirement. Parking spaces; locker areas; utility, storage, and trash rooms; and similar nonactive spaces shall not be located within thirty (30) feet from the principal ground floor street facade, except for incidental entrances to such activities elsewhere in the building. Exceptions to this requirement can be made through the Design Review Procedure (See Chapter 17.136). Proposals requiring Regular Design Review approval may only be granted upon determination that the proposal conforms to the criteria contained in Section 17.136.050, and to both of the following additional criteria:

i.

There is no other feasible location for the non-active space and the amount of non-active space in the front thirty (30) feet of the building is minimized to the maximum amount practically achievable; and

ii.

When feasible, active space is placed between the non-active space and the street.

f.

Trash and Storage. Trash and storage shall be in the garage, underground, or be otherwise concealed from view of the public right-of-way. Trash and storage shall not be placed adjacent to the principal street facade unless the proposal is on an interior lot (see Section 17.101K.080 for how to identify the principal street).

g.

Utilities. Backflow prevention devices and utility meters shall not be placed on the principal street façade unless the proposal is on an interior lot (see Section 17.101K.080 for how to identify the principal street). These elements shall be placed in a building alcove, underground, landscaped area, or utility room, and completely screened from view from the public right-of-way unless required otherwise by a department of the City. Whenever feasible, transformers shall be placed out of public view and not on the principal street facade. If this is infeasible, transformers shall be screened by landscaping. Transformers shall never be placed above ground in the right-of-way.

h.

Parking and Loading Access Location. 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 a secondary street facade or an alley (see Section 17.101K.080 for how to identify the principal street). Open parking areas shall not be located between the sidewalk and a principal building.

Base Design.

a.

Transition to Historic Buildings. The design of the building base shall create a transition to adjacent lower scale Designated Historic Properties (DHPs) and Potentially Designated Historic Properties (PDHPs). This shall be accomplished through matching cornice lines, floor heights and other building elements, and creating volumes at the façade of the base that relate to the scale of the historic building.

b.

Building Base Articulation. The façade(s) of the base that are more than seventy-five (75) feet in width and visible from the street shall use both vertical and horizontal plane offsets, articulations, and material changes that create shadow and relief.

c.

For buildings with a clear pattern of individual ground floor residential unit entrances: wherever feasible, articulate and modulate the principal facade of the building base to correspond to the entrances.

d.

Windows and Façade Treatment. Each building base façade facing a street shall contain windows. Expanses of solid walls without windows on these facades shall not exceed ten (10) feet in width. However, wider solid walls required by the Building Code for structural purposes are permitted.

e.

For corner buildings, design the building base to emphasize the intersection of two streets right-of- ways that are both eighty (80) feet or wider in width through a combination of building corner architectural detailing such as added transparency, particularly floor to ceiling windows, a corner entrances, articulation, and high-quality materials, and chamfering the corner.

f.

Parking, loading, or circulation located above the ground floor shall be lined by habitable floor area along all street frontages. If the applicant demonstrates that this is not feasible, parking, loading or circulation located above the ground floor shall screened from the street with a façade treatment that is integrated into the design of the building façade(s).

3.

Tower Design. The following standards apply to towers, which is defined as construction above the base of a building:

a.

Each façade shall include some combination of fenestration, sculpting, volumes, articulation, and/or material patterns to reduce the perception of building mass and avoid the appearance of repeated identical floors.

b.

For tower facades over one hundred and fifty (150) feet in width, provide a change in massing by providing one or more articulations, stepbacks, or notches greater than twenty (20) feet wide and ten (10) feet deep to reduce apparent building bulk.

c.

Design Integration with Base. Vertically integrate with and/or extend design elements of a tower to building the base façade facing the street. This technique shall be used to avoid the appearance of towers being isolated from the street and the base.

d.

Windows. Each visible tower facade shall contain windows, including façades facing interior and rear property lines. Expanses of solid walls without windows that are visible from the street shall not exceed twenty (20) feet in width.

e.

Building Terminus. The top of buildings shall include elements that provide a distinct visual terminus. The visual terminus shall be integrated into the overall architectural design concept of the building as seen in the skyline. Examples include, but are not limited to, curvilinear or stepped forms that soften the truncated tops of buildings, cornices, symmetric volumes toward the middle of the roof, and other architectural forms. These rooftop elements shall be sized, shaped, and sited to also screen all rooftop mechanical equipment from view.

4.

General building design requirements.

a.

Massing. The mass of buildings shall be broken up into smaller forms to reduce the scale and enhance the visual interest of the streetscape. The massing requirements contained in this section shall be applied on all visible facades and achieved through a coordinated combination of two or more of the following: changes in plane, sculpting, building articulation, varied materials, contrasting window patterns and treatments, varying roof heights, separating upper-story floor area into two (2) or more towers, contrasting colors, a distinct base, middle, and top, or other methods.

b.

Heavily tinted bronze, black, or gray glass shall not predominate on or be a signature feature of facades.

(Ord. 13812, § 4(Exh. A), 7-30-2024)

17.101K.140 - Development Standards for New Construction on Lots Adjacent to the Lake Merritt Channel.

A.

The regulations of this section apply to the new construction of principal buildings on parcels that are adjacent to the Lake Merritt Channel or its adjacent open space.

B.

The following definition only applies to this Section:

1.

Lake Merritt Channel Facade - Lake Merritt Channel Facade refers to the façade and private and public space that abuts either: 1) the Lake Merritt Channel; or 2) existing and/or planned parks and open spaces that border the Lake Merritt Channel.

C.

No building shall be constructed within sixty (60) feet of the top of the bank of the Lake Merritt Channel.

D.

In addition to the findings required in Chapter 17.136, the following Regular Design Review findings are required to be met for all development projects that include the construction of a new principal building on a lot that is adjacent to the Lake Merritt Channel open space area:

1.

The project contributes to and protects the unique environmental resources at the Channel and coordinates with ongoing and proposed capital improvements and restoration projects associated with the Lake Merritt Channel.

2.

The project landscaping integrates with and visually transitions to existing or planned adjacent natural and open spaces.

3.

The Lake Merritt Channel façade provides visual interest for pedestrians at the Lake Merritt Channel.

E.

New development shall comply with the following building orientation, facade, and landscape requirements:

1.

Whenever feasible, no Lake Merritt Channel Facade shall include utility meters, utility boxes, or vehicle entryways. If it is unavoidable to place utility meters and/or boxes on the Lake Merritt Channel Façade, they shall be screened by dense landscaping. No garages shall face the channel, and at least one prominent entrance shall face the channel.

Developments shall include open spaces in the form of walkways, landscaped passive recreation areas or terraced plazas between the Lake Merritt Channel Facades and the Channel.

(Ord. 13812, § 4(Exh. A), 7-30-2024)

17.101K.150 - Usable Open Space Standards.

A.

General. This Section contains the usable open space standards and requirements for residential development in the D-DT Zones. These requirements shall supersede those in Chapter 17.126.

B.

Definitions of D-DT usable open space types. The following includes a list of available usable open space types eligible to fulfill the usable space requirements of this Chapter and the definitions of these types of open space:

1.

"Private Usable Open Space". Private usable open space is accessible from a single unit and may be provided in a combination of recessed and projecting exterior spaces.

2.

"Public Ground-Level Plaza". Public ground-level plazas (plazas) are group usable open space located at street-level and adjacent to the building frontage. Plazas are publicly accessible during daylight hours and are maintained by the property owner. Plazas shall be landscaped and include pedestrian and other amenities, such as benches, fountains and special paving.

3.

"Rooftop Open Space". Rooftop open space, a type of group usable open space, includes gardens, decks, swimming pools, spas and landscaping located on the rooftop and accessible to all tenants.

4.

"Courtyard". A courtyard is a type of group usable open space that can be located anywhere within the subject property.

C.

Standards. All required usable open space shall be permanently maintained and shall conform to the following standards:

1.

Area. On each lot containing Residential Facilities with a total of two or more living units, usable open space shall be provided for such facilities at a rate of at least sixty (60) square feet per Regular Dwelling Unit, and thirty (30) square feet per Rooming Unit and Efficiency Dwelling Unit. No additional open space is

required for newly established living units located entirely within an existing facility. However, if the amount of open space on the lot equals or is less than required, then that existing amount must be preserved with the establishment of new living units. If there is more open space on the lot than required, then the amount of open space can be reduced to the minimum required.

2.

Size and Shape. An area of contiguous space shall be of such size and shape that a rectangle inscribed within it shall have no dimension less than the dimensions shown in the following table:

Table 17.101K.12: Required Dimensions of Usable Open Space

3.

Openness. There shall be no obstructions above the space except for devices to enhance its usability, such as pergola or awning structures. There shall be no obstructions over ground-level private usable open space except that not more than fifty percent (50%) of the space may be covered by a private balcony

projecting from a higher story. Above-ground-level private usable open space shall have at least one exterior side open and unobstructed, except for incidental railings or balustrades, for eight (8) feet above its floor level.

4.

Location. Required usable open space may be located anywhere on the lot.

5.

Usability. A surface shall be provided which prevents dust and allows convenient use for outdoor activities. Such surface shall be any practicable combination of lawn, garden, flagstone, wood planking, concrete, asphalt or other serviceable, dust-free surfacing. Slope shall not exceed ten percent (10%). Off-street parking and loading areas, driveways, and service areas shall not be counted as usable open space. Adequate safety railings or other protective devices shall be erected whenever necessary for space on a roof but shall not be more than the minimum height required by the Oakland Building Code.

6.

Accessibility. Usable open space, other than private usable open space, shall be accessible to all the living units on the lot. It shall be served by any stairway or other accessway qualifying under the Oakland Building

Code as an egress facility from a habitable room. Private usable open space may be located anywhere on the lot. Above-ground-level space may be counted even though it projects beyond a street line. All private usable open space shall be adjacent to, and not more than four (4) feet above or below the floor level of, the living unit served. Private usable open space shall be accessible to only one living unit by a doorway to a habitable room or hallway.

7.

Landscaping requirements. At least ten percent (10%) of rooftop, courtyard, or public ground-level plaza usable open space area shall include landscaping enhancements. Landscaping enhancements shall consist of permanent features, such as trees, shrubbery, decorative planting containers, fountains, boulders or artwork (sculptures, etc.) The remainder of the space shall include user amenities such as seating, decorative paving, sidewalk cafes, or playground structures.

(Ord. 13812, § 4(Exh. A), 7-30-2024)

Article V - D-DT Combining Zones

17.101K.160 - Black Arts Movement and Business District (BAMBD) Arts and Culture Combining Zone Regulations.

A.

The regulations of this section only apply to areas designated to be within the Black Arts Movement and Business District Arts and Culture Combining Zone (D-DT-BA Combining Zone) on the Zoning Map. The intent of the Zone is described in Section 17.101K.010.

B.

Definition of BAMBD Arts and Culture Activities.

1.

BAMBD Arts and Culture Activities. BAMBD Arts and Culture Activities produce, display, sell, foster, support or disseminate artistic and cultural expression representative of the multi-ethnic character of the BAMBD. These types of activities also include operations that increase cultural awareness, serve and strengthen ethnic communities harmed by racial disparities, and educate Oakland residents about art and cultural practices and histories. All BAMBD Arts and Culture Activities are categorized in one of the following two subclassifications:

a.

BAMBD Administrative Arts and Culture Activities. These types of activities support the intent of this combining zone through general administrative functions. These include, but are not limited to, administrative support for art- and culture-related non-profit educational organizations, institutions, and businesses. These activities also include organizations that have a mission to strengthen, serve, and educate underrepresented communities, particularly communities represented by the BAMBD and/or harmed by racial disparities.

b.

BAMBD Active Arts and Culture Activities. These types of activities provide pedestrian-oriented, accessible, active and/or high visibility functions. These uses include, but are not limited to, the following:

i.

Public and private performance spaces, including dance, theater and spoken-word venues;

ii.

Schools focusing on arts and/or cultural education;

iii.

Artisan Production Commercial Activities, as described in Section 17.58.040;

iv.

Art studios;

v.

Libraries;

vi.

Museums and galleries; and

vii.

Retail stores, bookstores, consumer services such as barber shops and salons, cafes, restaurants and bars that display rotating visual art, host performances and/or are oriented toward the specific cultures or ethnicities identified in the intent of this Combining Zone.

C.

Determination of a BAMBD Arts and Culture Activity. The determination of whether a proposal is a BAMBD Arts and Culture Activity shall be made by the Planning Director, or his or her designee. Such determination shall be subject to the right of appeal pursuant to the administrative appeal procedure in Chapter 17.132.

D.

Ground floor non-BAMBD Arts and Culture Activities that are permitted or conditionally permitted in the primary zone are only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP process). Any approval shall meet the findings contained in Section 17.134.050 and the following additional findings:

a.

The proposal will enhance the character of the D-DT-BA Combining Zone;

b.

For projects within both the D-DT-P Zone and D-DT-BA Combining Zone, the proposal will bring customers to the area and will not weaken the concentration and continuity of BAMBD Active Arts and Culture Activities at ground level;

c.

For proposals within the D-DT-BA Combining Zone but outside the D-DT-P Zone, the proposal will not weaken the concentration and continuity of BAMBD Arts and Culture Activities at the ground level.

(Ord. 13812, § 4(Exh. A), 7-30-2024)

17.101K.170 - Green Loop Combining Zone.

A.

The regulations of this section apply to areas designated to be within the Green Loop Combining Zone (DDT- GL Combining Zone) on the Zoning Map. The intent of the Zone is described in Section 17.101K.010.

B.

Green Loop Frontage Regulations. The following regulations are required for developments that include the construction of a new principal building:

1.

Buildings that include ground-floor commercial storefronts shall be designed to accommodate at least one (1) form of outdoor seating and/or tables for patrons. Examples include parts of a building frontage setback for full-service tables, built-in benches, and plazas.

2.

Building entrances and/or storefronts shall include awnings or canopies at the ground floor to provide weather protection and sense of enclosure for pedestrians.

3.

A six (6) foot space shall be provided between any ground floor residential façade and the sidewalk for the placement of landscaping.

4.

Ground floors shall be illuminated by building-mounted hooded decorative lights.

5.

New development of a principal building that is three (3) stories or more shall incorporate at least one (1) of the following ground-floor facade treatment(s):

a.

Vining plant supports which contain vertical or hanging gardens; or

b.

Landscaped trellises or other structural additions.

C.

Green Loop Landscape Standards. Development that includes the new construction of a principal building shall be landscaped according to the following standards:

1.

At least seventy-five percent (75%) of any ground floor open area between the principal building and the sidewalk shall be improved with features such as decorative paving, stepped planter formations, decorative planting containers, and in-ground landscaping.

2.

At least fifteen percent (15%) of any courtyard usable open space between the principal building and the sidewalk shall include planting, as described in Section 17.101K.150.

3.

Landscaping shall be composed of a combination of trees, plants, vines, and shrubbery that is suited to the Oakland climate.

4.

Fencing or other screening feature shall not create a significant visual barrier between the public right-ofway and any publicly accessible ground floor open space area.

(Ord. 13812, § 4(Exh. A), 7-30-2024)

17.101K.180 - Sea Level Rise Combining Zone.

A.

The regulations of this section apply to areas designated to be within the Sea Level Rise Combining Zone (D- DT-SLR Combining Zone) on the Zoning Map. The intent of the Zone is described in Section 17.101K.010.

B.

Developments that include the construction of any new principal building within the Sea Level Rise Combining Zone shall be required to submit a Sea Level Rise Adaptation Plan (SLRAP) for: 1) the review and approval of the Director of Planning or their designee, and 2) implementation by the applicant.

C.

The SLRAP shall be written by a licensed civil engineer or architect approved and managed by the Director of Planning or their designee.

D.

The SLRAP shall describe required site-specific measures to adapt to changes in rising sea level and related groundwater intrusion through 2050, including methods to protect human life and health; protect property; minimize the need for rescue and relief efforts associated with flooding; minimize prolonged evacuations and business interruptions due to flooding; and minimize damage to surrounding public utilities and infrastructure. All structures and infrastructure elements must be designed to be resilient to flood impacts.

E.

The SLRAP shall consider site-predicted base flood elevations, inundation levels, storm surge, and groundwater table changes, and any other relevant items.

Where physically feasible, the minimum height of the finished floor of the bottom story of new buildings shall be at least twenty-four (24) inches higher than the future potential inundation level. Only nonhabitable spaces, including but not limited to parking and storage are permitted below this finished floor; and this under-floor area shall include openings that easily allow water to flow into and out of the space. Other resiliency measures may include anchoring the building, siting the building in areas least vulnerable to flooding, and locating utilities outside predicted inundation areas.

(Ord. 13812, § 4(Exh. A), 7-30-2024)

Chapter 17.102 - REGULATIONS APPLICABLE TO CERTAIN ACTIVITIES AND FACILITIES[[50]]

Footnotes:

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Editor's note— Ord. No. 13172, § 3(Exh. A), adopted July 2, 2013, changed the title of Chapter 17.102 from "General regulations applicable to all or several zones" to "Regulations applicable to certain activities and facilities."