§ 17.132

The provisions of this Chapter shall be known as the Administrative Appeal Procedure. The purpose of these provisions is to prescribe the procedure by which an appeal may be taken to the City Planning Commission or, if applicable, to the Commission's Residential Appeals Committee from any determination or interpretation made by the Director of City Planning under the zoning regulations. This procedure shall apply to all appeals from such determinations and interpretations.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. 12376 § 3 (part), 2001: prior planning code § 9100)

17.132.020 - Appeal.

Within ten (10) calendar days after the date of any administrative determination or interpretation made by the Director of City Planning under the zoning regulations, an appeal from such decision may be taken to the City Planning Commission by any interested party. In the case of appeals involving One-Family or Twoto Four-Family Residential Facilities, the appeal shall be considered by the Commission's Residential Appeals Committee. Such appeal shall be made on a form prescribed by the Planning and Building Department and shall be filed with such Department and shall be accompanied by such a fee as specified in the City fee schedule. The appeal shall state specifically wherein it is claimed there was an error or abuse of discretion by the Planning Director or Zoning Manager or wherein his or her decision is not supported by the evidence in the record. The appeal shall be accompanied by such information as may be required to facilitate review. Upon receipt of the appeal, the Secretary of the City Planning Commission shall set the date for consideration thereof. Not less than seventeen (17) days prior to the date of the Commission's or Committee's consideration of the appeal, written notice shall be given to: the applicant; the appellant in those cases where the applicant is not the appellant; adverse party or parties, or to the attorney, spokesperson, or representative of such party or parties; other interested groups and neighborhood associations who have requested notification; and to similar groups and individuals as the Secretary deems appropriate, of the date and place of the hearing on the appeal.

(Ord. No. 13762, § 5, 10-3-2023; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. 12776 § 3, Exh. A (part), 2006: Ord. 12376 § 3 (part), 2001: prior planning code § 9101)

17.132.030 - Procedure for consideration.

In its review of an administrative appeal, the City Planning Commission or, if applicable, the Commission's Residential Appeals Committee shall consider the purpose and intent, as well as the letter, of the pertinent provisions, and shall affirm, modify, or reverse the Planning Director's or Zoning Manager's determination or interpretation. The decision of the Commission or Committee shall be final immediately, except as otherwise provided in Section 17.132.040.

(Ord. No. 13763, § 5, 10-3-2023; Ord. 12776 § 3, Exh. A (part), 2006: Ord. 12376 § 3 (part), 2001: prior planning code § 9102)

17.132.040 - Appeal to Council on transit line sign controls.

Within ten (10) calendar days after the date of a decision by the City Planning Commission on an administrative appeal involving the provisions of Section 17.104.040 or 17.114.150, an appeal from said decision may be taken to the City Council by any interested party. In event the last date of appeal falls on a weekend or holiday when city offices are closed, the next date such offices are open for business shall be the last date of appeal. Such appeal shall be made on a form prescribed by the Planning Director and shall be filed with the Planning and Building Department. The appeal shall state specifically wherein it is claimed there was an error or abuse of discretion by the Commission or wherein its decision is not supported by the evidence in the record. Upon receipt of the appeal, the Council shall set the date for consideration thereof. After setting the hearing date, the Council, prior to hearing the appeal, may refer the matter back to the Planning Commission for further consideration and advice. Appeals referred to the Planning Commission shall be considered by the Commission at its next available meeting. Any such referral shall be only for the purpose of issue clarification and advice. In all cases, the City Council shall retain jurisdiction and, after receiving the advice of the Planning Commission, shall hold a hearing on and decide the appeal. The City Clerk shall notify the Secretary of the City Planning Commission of the date set for consideration thereof.

Not less than seventeen (17) days prior thereto, written notice shall be given to: the applicant; the appellant in those cases where the applicant is not the appellant; adverse party or parties, or to the attorney, spokesperson, or representative of such party or parties; other interested groups and neighborhood associations who have requested notification; and to similar groups and individuals as the Secretary deems appropriate, of the date and place of the hearing on the appeal. In considering the appeal, the Council shall review the purpose and intent, as well as the letter, of the pertinent provisions, and shall affirm, modify, or reverse the Commission's decision. The decision of the City Council shall be made by resolution and shall be final.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13596, § 2(Exh. A), 6-2-2020; Ord. No. 13172, § 3(Exh. A), 7-22013; Ord. 12776 § 3, Exh. A (part), 2006: prior planning code § 9103)

Chapter 17.134 - CONDITIONAL USE PERMIT PROCEDURE

Sections:

17.134.010 - Title, purpose, and applicability.

The provisions of this Chapter shall be known as the Conditional Use Permit Procedure. The purpose of these provisions is to prescribe the procedure for the accommodation of uses with special site or design requirements, operating characteristics, or potential adverse effects on surroundings, through review and, where necessary, the imposition of special conditions of approval. This procedure shall apply to all proposals for which a conditional use permit is required by the zoning regulations.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; prior planning code § 9200)

17.134.020 - Definition of Major and Minor Conditional Use Permits.

A.

Major Conditional Use Permit. A Conditional Use Permit (CUP) is considered a Major Conditional Use Permit if it involves any of the following:

1.

Thresholds. Any project requiring a Conditional Use Permit that meets any of the following size thresholds:

a.

The actual project site (including only portions of the lot actually affected by the project) exceeds one (1) acre;

b.

Nonresidential projects involving more than twenty-five thousand (25,000) square feet of floor area, except in the D-DT, (when not combined with the S-7 Zone), S-15, D-BV, D-CO, or D-LM Zones;

c.

Large-Scale Developments.

i.

Any development not involving one hundred percent (100%) affordable housing units, other than manager's units, which is located in the S-15, D-CO, or D-LM Zones, and results in more than one hundred thousand (100,000) square feet of new floor area;

ii.

Any development not involving one hundred percent (100%) affordable housing units, other than manager's units, which is located in the D-DT Zones (when not combined with the S-7 Zone), and results in 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 fifty (250) feet in height.

d.

Projects that request to be considered for an exception to the D-LM Height/Bulk/Intensity Area standards, as described in Table 17.101G.04, Note 2.

2.

Uses. Any project requiring a Conditional Use Permit that involves any of the following activity or facility types except where the proposal involves only accessory parking, the resumption of a discontinued nonconforming activity, or an addition to an existing activity which does not increase the existing floor area by more than twenty percent (20%):

a.

Activities:

i.

Extensive Impact Civic;

ii.

Special Health Care Civic;

iii.

Fast-food Restaurant Commercial;

iv.

Convenience Market Commercial;

v.

Alcoholic Beverage Sales Commercial;

vi.

Transient Habitation Commercial;

vii.

Heavy/High Impact Industrial;

viii.

Small Scale Transfer and Storage Hazardous Waste Management Industrial;

ix.

Industrial Transfer/Storage Hazardous Waste Management Industrial;

x.

Mining and Quarrying Extractive.

b.

Facilities:

i.

Drive-Through;

ii.

Advertising Sign, except when the facility meets the requirements of Section 17.11.090.

3.

Special Situations. Any project requiring a Conditional Use Permit that involves any of the following situations:

a.

A project requiring development of an Environmental Impact Report (EIR);

b.

A single establishment containing a Commercial or Industrial Activity, or portion thereof, which is located in any Residential Zone and occupies more than seven thousand five hundred (7,500) square feet of floor area, except where the proposal involves only the resumption of a nonconforming activity;

c.

Off-Street Parking Facilities in the D-DT (except the D-DT-JLI) and D-LM Zones serving fifty (50) or more vehicles;

d.

Monopole Telecommunications Facilities in, or within three hundred (300) feet of the boundary of, any Residential or HBX Zone;

e.

A project in the OS Zones listed as requiring a Major Conditional Use Permit in Chapter 17.11, except that any improvement or change in use consistent with a Park Master Plan that has been adopted by the Oakland City Council shall not require a Conditional Use Permit (as specified in Section 17.135.050), even where it involves facilities or activities that would otherwise require a Major Conditional Use Permit in Section 17.11.060;

f.

An Electroplating Activity as defined in Section 17.09.040 subject to the provisions of Section 17.102.340;

g.

A Telecommunications Facility in or within one hundred (100) feet of the boundary of any Residential Zone, HBX Zone, or the D-CE-3 or D-CE-4 Zone;

h.

A Telecommunications Facility whose antennas and equipment are not fully concealed from view within three hundred (300) feet of the boundary of the RH, RD, RM, RU-1, or RU-2 Zones, HBX Zones, or the D- CE-3 or D-CE-4 Zone;

i.

A project requiring a Conditional Use Permit as set forth under Section 17.153.050 for any demolition or conversion of Residential Hotel Units or a Residential Hotel.

j.

A Park Master Plan for a City-Owned Park, subject to the provisions of Section 17.135.050(A).

B.

Minor Conditional Use Permit. A Minor Conditional Use Permit is a Conditional Use Permit which does not involve any of the purposes listed in Subsection A. of this Section.

(Ord. No. 13812, § 4(Exh. A), 7-30-2024; Ord. No. 13779, § 2(Exh. A), 1-16-2024; Ord. No. 13763, § 5, 103-2023; Ord. No. 13527, § 2, 4-2-2019; Ord. No. 13509, § 2(Exh. A), 12-4-2018; Ord. No. 13501, § 4(Exh. A), 7-24-2018; 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; Ord. No. 13251, § 5(Exh. A), 7-29-2014; Ord. No. 13172, § 3(Exh. A), 7-22013; Ord. No. 13168, § 5(Exh. A-2), 6-18-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 13060, § 2(Exh. A), 3-1-2011; Ord. No. 13042, § 4(Exh. A), 10-19-2010; Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. No. 12971, § 2(Exh. A), 9-22-2009; Ord. No. 12955, § 2(Exh. A), 7-21-2009; Ord. 12872 § 4 (part), 2008; Ord. 12868 § 2 (part), 2008; Ord. 12776 § 3, Exh. A (part), 2006: Ord. 12768 § 3 (part), 2006; Ord. 12501 §

80, 2003: Ord. 12450 § 19, 2002; Ord. 12350 § 3 (part), 2001; Ord. 12272 § 4 (part), 2000; Ord. 12237 § 4, 2000; Ord. 12234 § 4, 2000; Ord. 12224 § 7, 2000; Ord. 12205 § 4 (part), 2000; Ord. 12199 § 9 (part), 2000; Ord. 12138 § 4 (part), 1999; Ord. 12078 § 5 (part), 1998; Ord. 12072 § 12, 1998; Ord. 12016 § 2 (part), 1997; Ord. 11904 § 5.91, 1996; Ord. 11892 § 21, 1996; Ord. 11539 § 2, 1993; prior planning code § 9201)