Chapter 17.102 — REGULATIONS APPLICABLE TO CERTAIN ACTIVITIES AND FACILITIES

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."

The provisions of this Chapter and Chapters 17.104 through 17.108 shall be known as the Regulations Applicable to Certain Activities and Facilities. The purpose of these provisions is to set forth certain of the regulations which apply throughout the City or in several zones. These regulations shall apply in the zones and situations specified hereinafter.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Prior planning code § 7000)

17.102.020—17.102.080 - Reserved.

Editor's note— Ord. No. 13172, § 3(Exh. A), adopted July 2, 2013, repealed the former Sections 17.102.020, 17.102.040, 17.102.070, and 17.102.080 in their entirety, which pertained to supplemental

zoning provisions, effect of prior permits, application of zoning regulations to lots divided by zone boundaries, and permitted and conditionally permitted uses, respectively, and derived from the prior planning code, §§ 7001, 7003, 7006, 7008; Ord. No. 12872, § 4, adopted 2008, and Ord. No. 13064, § 2(Exh. A), adopted March 15, 2011.

A.

Use Permit Required. A shared access facility shall be allowed only upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134.

B.

Use Permit Criteria. A conditional use permit under this Section 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 all of the following additional use permit criteria:

Compliance with Guidelines. Each shared access facility proposal shall be in compliance with all applicable City standards, including but not limited to the City Planning Commission guidelines for development and evaluation of shared access facilities.

Public Safety. The width of a shared access facility shall be adequate to ensure unimpeded emergency and nonemergency ingress and egress at all times. Additionally, the shared access facility shall conform to City standards for roadway layout and design.

Aesthetics. A shared access facility shall be designed to provide the environmentally superior alternative to other approaches for the development of the property and shall be designed to be visually compatible with its surroundings, as set forth in the City Planning Commission guidelines; necessary retaining walls shall not be of excessive height and shall not be visibly obtrusive, as such are defined in the City Planning Commission guidelines.

On-Going Owner Responsibility. Applicants for a shared access facility shall submit, for approval, an agreement for access facility maintenance, parking restrictions, and landscape maintenance. Upon staff approval, the proposed agreement shall be recorded by the applicant within thirty (30) days with the Alameda County Recorder. In addition, applicants for a shared access facility shall provide documentation of continuing liability insurance coverage. Documentation of insurance coverage shall include the written undertaking of each insurer to give the City thirty (30) days' prior written notice of cancellation, termination, or material change of such insurance coverage.

Certification. Prior to construction, applicants for a shared access facility shall retain a California registered professional civil engineer to certify, upon completion, that the access facility was constructed in accordance with the approved plans and construction standards. This requirement may be modified or waived at the discretion of the Director of Public Works, based on the topography or geotechnical considerations. An applicant may also be required to show assurance of performance bonding for grading and other associated improvements. In addition, prior to the installation of landscaping, an applicant shall retain a landscape architect or other qualified individual to certify, upon completion, that landscaping was installed in accordance with the approved landscape plan.

(Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12872 § 4 (part), 2008; Ord. 12776 § 3, Exh. A (part), 2006: prior planning code § 7010)

Editor's note— Ord. No. 13172, § 3(Exh. A), adopted July 2, 2013, repealed the former Section 17.102.100 in its entirety, which pertained to conditions for accessory parking serving activities which are not themselves allowed, and derived from the prior planning code, § 7011.

The following standards and criteria shall apply when the applicable individual zone regulations conditionally permit activities that are prohibited in the subject zone, but permitted or conditionally permitted on nearby lots in an adjacent zone.

A.

A conditional use permit for such a use 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 the following additional use permit criteria:

That the location, size, design, and other characteristics of the entire use as proposed will substantially improve or provide superior environmental relationships among all uses in the immediate vicinity.

That the design and site planning of all buildings, open areas, parking, service areas, paths, stairways, accessways, corridors, and balconies will be so designed as to not adversely affect the privacy, safety, or environmental amenities of adjacent properties.

That within the expansion area every reasonable effort will be undertaken to preserve natural grades, topographic features, watercourses, and significant landscape features.

B.

The following standards shall also apply:

Such uses shall be allowed only when they constitute an expansion of or are a part of an existing or proposed activity or facility which is located in or partially located in the adjacent zone, and is permitted or conditionally permitted therein. Such uses shall be allowed only on a lot, or one of a series of lots under one (1) ownership, directly contiguous to the lot in the adjacent zone, with no intervening streets.

Maximum Distance from Zone Boundary. Such uses shall not extend more than one hundred fifty (150) feet into the zone, as measured perpendicularly from the zone boundary at any point.

Height. Within the area of the allowed expansion, the maximum height of any building or facility shall not exceed the maximum height permitted on abutting lots.

Increased Yard Areas. The minimum yard depth or width, as the case may be, for buildings within the expansion area shall be no less than one hundred fifty percent (150%) of the yard depth or width, if any, required for uses on those properties abutting the expansion area.

Screening and Buffering. The exterior perimeter of the expansion area shall be provided with screening and buffering devices including, but not limited to, established trees.

Maximum Density. The number of living units on any lot or series of lots involved in the expansion of use shall be calculated separately on the basis of the amount of lot area and the density ratio applying in each of the affected zones. The maximum number of living units allowed in the proposed development shall not exceed the accumulative total resulting from adding the density calculations for each of the lot areas and zones involved in the expansion.

(Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; prior planning code § 7012)

In all Residential Zones and in the S-1, S-3, S-15 and OS Zones, no grading or excavation shall involve the removal of any soil, rock, sand, or other material for purposes of sale, fill, building, or other construction usage off the premises, unless a conditional use is granted pursuant to the conditional use permit procedure in Chapter 17.134. However, excavations in any street, alley, or other public place and excavations for foundations, basements, or cellars for the erection of any buildings for which a building permit has been issued shall be exempt from the above restriction.

(Ord. No. 13812, § 4(Exh. A), 7-30-2024; Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2- 16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. 12078 § 5 (part), 1998; prior planning code § 7013)

Editor's note— Ord. No. 13172, § 3(Exh. A), adopted July 2, 2013, repealed the former Section 17.102.130 in its entirety, which pertained to time limit on operation of subdivision sales offices—residential zones, and derived from the prior planning code, § 7014.

The following regulations shall apply in all zones to private stables, corrals, and similar facilities and to the keeping or training of horses, mules, or donkeys as an accessory activity:

A.

Conditional Use Permit Requirement. Such uses are permitted only upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134.

B.

Maximum Number of Animals. No more than three (3) such horses, mules, or donkeys shall be kept or trained on any single lot.

C.

Minimum Lot Area. Such uses shall not in any case be located on any lot having a lot area of less than twenty-five thousand (25,000) square feet.

D.

Location on Lot. No such stable, corral, or paddock shall be located within thirty (30) feet from any lot line.

E.

Screening. All open portions of such facilities shall be screened from abutting lots, streets, alleys, and paths, and from the private ways described in Section 17.106.020, by dense landscaping not less than five and one-half (5½) feet high and not less than three (3) feet wide or by a decorative screening fence or wall not less than five and one-half (5½) feet high, subject to the standards for required landscaping and screening in Chapter 17.124 and the exceptions stated in said chapter.

F.

See Oakland Municipal Code (OMC) Chapter 6.04 for additional regulations for animal quarters.

(Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. 12872 § 4 (part), 2008; prior planning code § 7015)

A.

Conditional Use Permit Requirement. Adult Entertainment Activities are not permitted in any zone except upon the granting of a conditional use permit pursuant to the criteria in Subsection B. of this Section (which

supersedes the general criteria in Section 17.134.050) and the conditional use procedure in Chapter 17.134.

B.

Conditional Use Permit Criteria. A conditional use permit for an Adult Entertainment Activity shall only be granted upon a determination that all of the following conditions are present notwithstanding any conflicting requirements contained elsewhere in the zoning regulations:

The requested use at the proposed location will not adversely affect the use of churches, temples or synagogues; public, parochial or private elementary, junior high or high schools; public parks and recreation centers; public or parochial playgrounds; residences; child care facilities; elderly Residential Care facilities; hospitals; medical clinics; colleges; or libraries, all within a five hundred (500) foot radius by engendering sounds, activities, visual depictions or advertisements that create an exterior atmosphere which unreasonably interferes with the operations of such surrounding uses.

The requested use at the proposed location is sufficiently buffered in relation to residentially zoned areas within the immediate vicinity such that any obtrusive or distracting environmental factors which may emanate from the use do not adversely affect said areas.

The exterior appearance of the structure will not be conspicuously of a lesser quality (i.e., with respect to such elements as building facade, lighting, and signage materials) than the exterior appearance of commercial structures already constructed or under construction within the immediate neighborhood or cause a substantial diminution or impairment of property values within the neighborhood.

The proposed use will not be inconsistent with the adopted general plan for the area.

The proposed site is adequate in size and shape to accommodate the parking and loading facilities, landscaping and other development features prescribed in the Planning Code or other City regulations or as is otherwise required in order to integrate said use with the uses in the surrounding area.

The proposed site is adequately served:

a.

By highways or streets of sufficient width and capacity to carry the kind and quantity of traffic and to accommodate the parking demand such use would generate; and

b.

By other public or private service facilities such as fire protection or trash collection services as are required.

C.

Location.

No Adult Entertainment Activity shall be located within, nor closer than one thousand (1,000) feet to, the boundary of any Residential Zone.

No Adult Entertainment Activity shall be closer than three hundred (300) feet to any other Adult Entertainment Activity except that this restriction shall not apply to any Adult Entertainment Activity in an establishment devoted exclusively and on a full-time basis to such activity, which establishment was in existence on December 21, 1976 and operating under a valid City regulatory permit, where such a permit is required.

D.

Discontinuance of Nonconforming Activities. See Section 17.114.090.

(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; prior planning code § 7017)

Massage activities as defined in the Oakland Municipal Code shall be subject to the regulations contained in the Oakland Municipal Code Chapter 5.36 as may be amended by the Oakland City Council.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. 12675 § 3 (part), 2005; prior planning code § 7018)

Nonresidential Activities—Commercial Zones.

In all Commercial Zones, no Industrial Activity shall be conducted within any building above any story thereof occupied wholly or partly by Residential Activities, except upon the granting of a Conditional Use Permit pursuant to the Conditional Use Permit procedure in Chapter 17.134. However, this requirement shall not apply to:

A.

Nonresidential Activities within:

HBX, D-DT, or D-CE Work/Live Nonresidential Facilities;

Joint Living and Working Quarters, pursuant to Section 17.102.190;

Residentially-Oriented Joint Living and Working Quarters, pursuant to Section 17.102.195; or

B.

An approved home occupation, pursuant to Chapter 17.112.

(Ord. No. 13812, § 4(Exh. A), 7-30-2024; Ord. No. 13596, § 2(Exh. A), 6-2-2020; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13251, § 5(Exh. A), 7-29-2014; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. 12899 § 4, Exh. A (part), 2008; Ord. 12772 § 1 (part), 2006; prior planning code § 7019)

A.

General Provisions.

Joint Living and Working Quarters (JLWQs) with fourteen (14) or fewer bedrooms or sleeping spaces are permitted in all zones where Residential Activities are permitted or conditionally permitted.

Except as may otherwise be indicated by the applicable individual zone regulations, JLWQs that either have fifteen (15) or more bedrooms or sleeping spaces, or are in a zone where Residential Activities are not otherwise allowed may only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure).

Any building proposed to contain JLWQ(s) must have the following characteristics:

a.

The building was originally designed for non-residential occupancy;

b.

The building is at least ten (10) years old;

c.

With the exception of mezzanines as defined by the Building Code, no new floors have been created or moved in the past five (5) years;

d.

The building envelope, including the roof location, has not changed in the past five (5) years; and

e.

The exterior of the building has not changed in the past five (5) years except for the changing of windows or doors within their existing openings, repairs, painting, or to fulfill building code requirements regarding escape, egress, light, or ventilation.

As part of the creation of JLWQ(s):

a.

With the exception of mezzanines as defined by the Building Code, no floors shall be created or moved;

b.

The building envelope, including the roof location, shall not change;

c.

The exterior of the building shall not change except for the replacement of windows or doors within their existing openings, repairs, painting, or to fulfill Building Code requirements regarding escape, egress, light, or ventilation.

B.

Definition. Joint Living and Working Quarters (JLWQs) means residential occupancy by one or more persons maintaining a common household of one or more rooms or floors within the building envelope of an existing building originally designed for non-residential occupancy. Each Joint Living and Working Quarter includes: (1) cooking space and sanitary facilities which satisfy the provisions of other applicable codes; and (2) adequate working space reserved for, and regularly used by persons residing therein.

C.

Conditional Use Permit Criteria. A Conditional Use Permit for Joint Living and Working 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 and to each the following additional use permit criteria:

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

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

The nonresidential floor area is concentrated in a central area within the unit and provides a functional open area for working activities;

The working area(s) are clearly distinguished from residential areas, including kitchen and eating areas.

The nonresidential floor area is conveniently accessible from bedrooms or sleeping spaces;

The project includes provisions for the delivery of commercial items. 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

Facilities, such as a commercial sink or other equipment, are provided in the work area to accommodate work activities.

(Ord. No. 13596, § 2(Exh. A), 6-2-2020; Ord. No. 13518, § 4(Exh. A), 2-5-2019; Ord. No. 13251, § 5(Exh. A), 7-29-2014; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12872 § 4 (part), 2008; Ord. 12289 § 4 (part), 2000; prior planning code § 7020)

A.

Area of Applicability. The provisions of Section 17.102.195 apply to the area bounded by Highway 980/Brush Street, the Estuary shoreline, the Lake Merritt/Estuary channel, the western shore of Lake Merritt, and 27th Street.

B.

Definition. Residentially-Oriented Joint Living and Working Quarters means residential occupancy by one or more persons maintaining a common household of one or more rooms or floors in an existing building that is at least ten (10) years old and originally designed for nonresidential occupancy. Each Residentially- Oriented Joint Living and Working Quarter includes cooking space and sanitary facilities which satisfy the provisions of other applicable municipal codes. A Residentially-Oriented Joint Living and Working Quarter consists of a designated residential area and a designated work area. However, the definitions applied by City Council Resolution Number 68518 C.M.S. that apply to "Joint Live/Work Space" including criteria that define space requirements are not applicable to Residentially-Oriented Joint Living and Working Quarters.

C.

Conditions for Conversion.

In the area prescribed in Subsection A., an existing building or portion of a building that was originally designed for nonresidential occupancy can be converted to Residentially-Oriented Joint Living and Working Quarters as long as each of the following standards is met:

a.

The total number of Residentially-Oriented Joint Living and Working Quarter units on the subject property after the conversion will not exceed the maximum number of residential units permitted by the underlying zone.

b.

All existing on-site parking spaces are retained for use by the residents, unless existing on-site parking exceeds required parking for all activities on the lot, in which case the number of parking spaces shall not be reduced below the number of spaces prescribed in Chapter 17.116 for all activities on the lot.

c.

All open space associated with the building is retained for use by the residents, unless existing open space exceeds the requirement for of the applicable zone or zones.

d.

All existing ground-floor commercial space is retained for commercial activities.

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 Residentially-Oriented Joint Living and Working Quarters, except for 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 17.108.130.

If a project is located within the S-7 Zone and involves exterior alterations, the design review requirements of that zone shall apply (see Sections 17.84.030 and 17.84.040).

In any zone, projects involving exterior alterations shall be subject to the design review procedure in Chapter 17.136.

D.

Conditional Use Permit Required in Certain Instances. In the area prescribed in Subsection A., a project that involves the conversion of an existing building or portion of a building that was originally designed for nonresidential occupancy to Residentially-Oriented Joint Living and Working Quarters and does not meet one or more of the requirements of Subsection C.1. above may be permitted upon the granting of a Conditional Use Permit pursuant to the Conditional Use Permit procedure in Chapter 17.134. A Conditional Use Permit may be granted only upon determination that the proposal conforms to the general use permit criteria set forth in Conditional Use Permit procedure in Chapter 17.134 and to any and all applicable additional use permit criteria set forth in the particular individual zone regulations.

E.

Non-Applicability of Certain Requirements Pertaining to Dwelling Units. In the area prescribed in Subsection A., the conversion to Residentially-Oriented Joint Living and Working Quarters of a building or portion of a building that was originally designed for nonresidential occupancy is not subject to the requirements for off-street parking in Section 17.116.020 (New Parking to Be Provided for New Living Units in Existing Facilities) and is not subject to the open space requirements for new residential dwelling units contained in the applicable zoning district or districts, but is subject to the requirements of Subsection C.1. above for retention of existing parking and open space.

(Ord. No. 13596, § 2(Exh. A), 6-2-2020; Ord. No. 13518, § 4(Exh. A), 2-5-2019; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12872 § 4 (part), 2008; Ord. 12456 § 3 (part), 2003)

In all zones, pedestrian bridges are permitted over City streets only upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134.

(Ord. No. 13172, § 3(Exh. A), 7-2-2013; prior planning code § 7021)

17.102.210—17.102.220 - Reserved.

Editor's note— Ord. No. 13172, § 3(Exh. A), adopted July 2, 2013, repealed the former Sections 17.102.210, 17.102.212, and 17.102.220 in their entirety, which pertained to special regulations applying to convenience markets, fast-food restaurants, certain establishments selling alcoholic beverages, providing mechanical or, and electronic games, special regulations applying to residential care, service-enriched permanent housing, transitional housing, and emergency shelter residential activities, and special regulations applying to mining and quarrying extractive activities, and derived from prior planning code § 7023; Ord. No. 11831, §§ 3, 4, adopted 1995; Ord. No. 11958, § 9, adopted 1996; Ord. No. 12138, § 4, adopted 1999; Ord. No. 12224, § 5, adopted 2000; Ord. No. 12225, § 2, adopted 2000; Ord. No. 12241, § 3, adopted 2000; Ord. No. 12496, § 2, adopted 2003; Ord. No. 12776, § 3(Exh. A), adopted 2006; Ord. No. 12872, § 4, adopted 2008; Ord. No. 12999, § 4(Exh. A), adopted March 16, 2010; Ord. No. 13064, § 2(Exh. A), adopted March 15, 2011; Ord. No. 13090, § 4(Exh. A), adopted October 4, 2011, and Ord. No. 13112, § 4(Exh. A), adopted April 20, 2012.

A.

Conditional Use Permit Requirement. The conversion of a dwelling unit, other than those considered Residential Hotel Units which are subject to the provisions of Chapter 17.153, from its present or last previous use by a Permanent Residential Activity or a Semi-Transient Residential Activity to its use by a Nonresidential Activity is only permitted upon the granting of a Conditional Use Permit pursuant to the Conditional Use Permit procedure in Chapter 17.134. The only exception to this requirement are conversions in the HBX Zones. Such permit may be granted only upon determination that the proposed conversion conforms to the general use permit criteria set forth in the Conditional Use Permit procedure and to at least one (1) of the following additional use permit criteria:

The dwelling unit proposed for conversion is unoccupied, or is situated in a residential building that has been found, determined, and declared to be substandard or unsafe pursuant to Subsection 15.08.350(B) of the Oakland Municipal Code; or

A replacement unit, equivalent in affordability and type to each unit proposed for conversion, will be added to the City's housing supply prior to the proposed conversion taking place.

B.

Tenant Assistance. Upon the granting of a Conditional Use Permit for the conversion of a dwelling unit to a Nonresidential Activity, the actual conversion cannot take place until the following have occurred:

Any tenant has been given a one hundred twenty (120) day written notice of the conversion. All such written notices shall comply with the legal requirements for service by mail.

The owner of the building containing the dwelling unit to be converted has referred the tenant to an equivalent unit; if and equivalent unit is not available or if the tenant chooses not to live in the equivalent dwelling unit, the tenant has been provided with a relocation allowance, as specified in Sections 8.22.450 and 8.22.820 of the Oakland Municipal Code, including any additional payments for tenant households that contain members who qualify as lower income, elderly, disabled and/or minor children, as set forth in Oakland Municipal Code Sections 8.22.450(B) and 8.22.820.

The Director of City Planning has been provided with proof that the above actions have been taken.

(Ord. No. 13509, § 2(Exh. A), 12-4-2018; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12872 § 4 (part), 2008; Ord. 12772 § 1 (part), 2006; amended during 1997 codification; prior planning code § 7026)

Zones.

The following regulations shall apply to microwave and satellite dishes which are over three (3) feet in diameter, which are located in any Residential Zone or within one hundred fifty (150) feet from the nearest boundary of any Residential Zone, as measured perpendicularly from said boundary at any point:

A.

Height. No such facility which is on a building shall extend more than seven (7) feet above the building's actual roof line or parapet wall except upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134. No such facility which is freestanding shall extend more than seven (7) feet above finished grade except upon the granting of a conditional use permit.

B.

Distance from Lot Line in Certain Cases. No such facility shall be located within ten (10) feet from any abutting residentially zoned lot, or from any street, alley, or path or private way described in Section 17.106.020 directly across which there is a lot in any Residential Zone, except upon the granting of a conditional use permit pursuant to the conditional use permit procedure.

C.

Noise and Glare. All such facilities located within one hundred fifty (150) feet of any residentially zoned lot shall be placed, screened, or designed in such a way as to avoid casting objectionable glare into the windows of any residential facility or generating noise levels that exceed City performance standards.

D.

Use Permit Criteria. A conditional use permit under this Section 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 set forth below:

That in all cases, the proposed facility will not be unduly large or obtrusive for its surroundings;

That if the facility is to be located on a building, its supporting structure will be so screened, painted, formed of attractive materials, or otherwise designed that the facility will harmonize with the building's overall color and design;

That if the facility is to be freestanding, it will be so placed, screened, or designed that it will be visually compatible with the nearby residentially zoned uses.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13112, § 4(Exh. A), 4-30-2012; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12899 § 4, Exh. A (part), 2008; prior planning code § 7028)

retrofit.

The following special exceptions apply to any building undergoing permitted retrofit work in compliance with Chapter 15.27 of the Oakland Municipal Code:

A.

Parking, Setback, and Height. The parking, setback, and height requirements normally applicable to any building, pursuant to the City's Planning Code, undergoing permitted retrofit work shall be waived if said requirements cannot be met due to alterations resulting from retrofit work required by Chapter 15.27 of the Oakland Municipal Code.

B.

Additional Units. The number of legal living units in any building undergoing permitted retrofit work may be increased by one (1) unit for properties containing at least five (5) but fewer than ten (10) living units and by two (2) units for properties containing ten (10) or more living units, regardless of any resulting nonconformity as to the normally required maximum density, as long as the additional unit is located either within the building envelope resulting from the permitted retrofit work or outside of such building envelope, but within the height and setback requirements normally applicable to the subject building. The building permit for the additional unit(s) must be issued no later than five (5) years from the date of the final inspection of the retrofit work. An additional unit is not allowed if the new unit would reduce the number of bedrooms or bathrooms in any existing unit, or reduce the total amount of floor area in any existing unit by ten percent (10%) or more.

Parking. The normally required parking requirements of the Oakland Planning Code shall not apply to such additional unit(s) if the site is located within a Transit Accessible Area, as defined in Chapter 17.09.

Open Space. The normally required open space requirements of the Oakland Planning Code shall not apply to such additional unit(s) regardless of site location.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13516, § 3, 1-22-2019)

17.102.255—17.102.265 - Reserved.

An additional kitchen for a single primary dwelling unit in any Residential Facility may be permitted, without thereby creating an additional dwelling unit, upon the granting of a Conditional Use Permit pursuant to the Conditional Use Permit procedure in Chapter 17.134, and upon determination that all of the following conditions set forth below exist:

A.

That the additional kitchen will be located within the same residential structure as the existing kitchen and solely constitute an additional service facility for the resident household, family or its temporary guests.

B.

That the additional kitchen will not serve as a basis for permanent habitation of an extra household or family on the premises, or the creation of an additional dwelling unit on the premises.

C.

That the additional kitchen is necessary to render habitable a living area occupied by one (1) or more persons related by blood, marriage, or adoption to the resident family or collective household occupying the main portion of the dwelling unit.

D.

There is no Category One Accessory Dwelling Unit or Junior Accessory Dwelling Unit (JADU) within the existing primary residential structure in addition to the proposed additional kitchen.

However, a Conditional Use Permit under this Subsection shall not be granted in the RH Zones or the RD-1 Zone if the lot contains two (2) or more dwelling units.

(Ord. No. 13779, § 3(Exh. B), 6-18-2024; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12872 § 4 (part), 2008; Ord. 12272 § 4 (part), 2000; prior planning code § 7032; Ord. No. 13677, § 4(Exh. A), 1-18-2022)

17.102.280, 17.102.290 - Reserved.

Editor's note— Ord. No. 13172, § 3(Exh. A), adopted July 2, 2013, repealed the former Sections 17.102.280 and 17.102.290, which pertained to rules for determining the number of habitable rooms in residential facilities, and special regulations for drive-through nonresidential facilities, respectively, and derived from the prior planning code, §§ 7033, 7034; Ord. No. 12872, § 4, adopted 2008; Ord. No. 12899, § 4(Exh. A), adopted 2008, and Ord. No. 13064, § 2(Exh. A), adopted March 15, 2011.

A.

Use Permit Required. No existing Residential Facility shall be altered, through additions, division of existing rooms, or other means, so as to create a total of five (5) or more bedrooms in any dwelling unit except upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134.

B.

Owner Occupants Exempt. The provisions of this Section shall not apply to the alteration of any existing dwelling unit which is occupied by the legal owner of the property on the filing date of the application for the building permit to alter the dwelling unit, and which has been continuously occupied by the same legal owner for a period of at least one (1) year prior to that date. The burden of proof of owner occupancy shall be on the applicant and shall be verified by at least two (2) forms of proof of continual owner occupancy covering the required time period, one of which shall be a valid homeowner's exemption issued by the Alameda County Assessor or other equivalent proof of owner occupancy.

C.

Use Permit Criteria. A conditional use permit under this Section 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 all of the following additional use permit criteria:

That off-street parking for residents of the entire facility, including any existing facility and any proposed alteration or addition, is provided as specified in the zone or zones in which the facility is located, as set forth in Section 17.116.060.

That a minimum of one (1) off-street visitor parking space is provided for the entire facility;

That the parking spaces provided in accordance with criteria 1 and 2, and all associated driveways, maneuvering aisles, and other related features, comply with the standards for required parking and loading facilities applicable in the base zone in which the facility is located, as set forth in Sections 17.116.170 through 17.116.300.

That no required parking spaces are located other than on approved driveways between the front lot line and the front wall of the facility or its projection across the lot.

That the applicable requirements of the buffering regulations in Chapter 17.110 are met.

(Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. 12872 § 4 (part), 2008; prior planning code § 7035)

17.102.310—17.102.335 - Reserved.

Editor's note— Ord. No. 13172, § 3(Exh. A), adopted July 2, 2013, repealed the former Sections 17.102.310, 17.102.320, 17.102.330, and 17.102.335 in their entirety, which pertained to special regulations for certain projects with development agreements, conditional use permit for waiver of certain requirements in mini-lot developments, conditional use permit for waiver of certain requirements with parcel division between existing buildings, and standards for sidewalks cafes, respectively, and derived from the prior planning code, §§ 7037—7039; Ord. No. 12224, § 6, adopted 2000; Ord. No. 12274, § 4, adopted 2000; Ord. No. 12776, § 3(Exh. A), adopted 2006; Ord. No. 12872, § 4, adopted 2008, and Ord. No. 13064, § 2(Exh. A), adopted March 15, 2011.

A.

Distance Standards. No Electroplating Activity shall be located nor expanded within one thousand (1,000) feet from the boundary of any other zone except the CIX-2 or IG Zones, nor from any area designated "Resource Conservation Area" or "Park and Urban Open Space" in the Oakland General Plan.

B.

Use Permit Criteria for Electroplating Activities. A conditional use permit for an electroplating activity 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, to any and all applicable use permit criteria set forth in the particular individual zone regulations, and to all of the following additional use permit criteria:

That the proposal will not adversely affect any residences; child care centers; shopping areas; churches, temples, or synagogues; public, parochial, or private elementary, junior high, or high schools; public parks or recreation centers; hospitals, convalescent homes, rest homes, or nursing homes; or public or parochial playgrounds; all located within one thousand (1,000) feet of the activity; and

That the proposed development will be of an architectural and visual quality and character which harmonizes with, or where appropriate enhances, the surrounding area;

That a Hazardous Materials Business Plan and California Accidental Release Plan has been reviewed and approved by the City prior to approval of the conditional use permit;

That the facility has been designed to minimize impacts to surrounding properties, and that the site design has been approved by the City of Oakland Fire Services Agency, Office of Emergency Services prior to approval of the conditional use permit.

C.

Expansion of Existing Facilities. No existing electroplating activity shall be expanded without the approval of a conditional use permit, pursuant to Subsection B. above and any relevant provisions of the provided further that no such expansion shall be permitted in any case if the distance standards of Subsection A. above are not met. For purposes of this Section, "expansion" shall mean any alteration or extension as stipulated in the nonconforming use regulations in Chapter 17.114, any increase in the volume of hazardous chemical used or stored on the site as indicated in the Hazardous Materials Business Plan filed with the City of Oakland Fire Services Agency, Office of Emergency Services; any increase in the floor area or site area of the facility; or any increase in the volume of goods produced by the electroplating activity, as determined by the Zoning Administrator from any relevant records.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13270, § 3(Exh. A), 11- 18-2014; Ord. No. 13251, § 5(Exh. A), 7-29-2014; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. 12872 § 4 (part), 2008; Ord. 12147 § 3 (part), 1999)

Editor's note— Ord. No. 13172, § 3(Exh. A), adopted July 2, 2013, changed the title of Section 17.102.340 from "Special regulations applying to electroplating activities in the M-20, M-30, and M-40 zones" to "Electroplating activities in the industrial zones." The historical notation has been preserved for reference purposes.

A.

Conditional Use Permit Requirement for Tobacco-Oriented Activities. Such uses are permitted only upon the granting of a conditional use permit pursuant to Chapter 17.134 and to the following additional use permit criteria:

No tobacco-oriented activity shall be located within, nor closer than one thousand (1,000) feet to the boundary of a Residential Zone, school, public library, park or playground, recreation center or licensed daycare facility.

(Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. 12872 § 4 (part), 2008; Ord. 12205 § 4 (part), 2000)

17.102.360—17.102.390 - Reserved.

Editor's note— Ord. No. 13172, § 3(Exh. A), adopted July 2, 2013, repealed the former Sections 17.102.360, 17.102.370, 17.102.380, and 17.102.390 in their entirety, which pertained to secondary units, conditional use permit for hotels and motels, special regulations applying to truck-related activities in the West Oakland Community Development District, and regulations applying to special health care civic activities, respectively, and derived from Ord. No. 12199, § 7, adopted 2000; Ord. No. 12266, § 5, adopted

2000; Ord. No. 12289, § 4, adopted 2000; Ord. No. 12450, § 18, adopted October 22, 2002; Ord. No. 12501, § 73, adopted 2003; Ord. No. 12555, § 5, adopted 2003; Ord. No. 12776, § 3, Exh. A (part), adopted 2006; Ord. No. 12872, § 4, adopted 2008; Ord. No. 12999, § 4(Exh. A), adopted March 16, 2010, and Ord. No. 13064, § 2(Exh. A), adopted March 15, 2011.

Exterior security bars and grills are not permitted on windows, doors, or porch enclosures that are located on a street-facing elevation of primary Residential Facilities unless the Director of City Planning determines that the proposed bars or grills are consistent with the architectural style of the building. Removal of such bars or grills shall be a condition of the granting of all conditional use permits, variances, design reviews and other special zoning approvals involving changes to the elevation on which the bars or grills are located unless the bars or grills have been shown to be architecturally consistent with the architectural style of the building.

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

Editor's note— Ord. No. 13172, § 3(Exh. A), adopted July 2, 2013, amended Section 17.102.400 in its entirety to read as herein set out. Formerly, Section 17.102.400 pertained to special design requirements for lots that contain residential facilities and no nonresidential facilities, and derived from Ord. No. 12376, adopted 2001; Ord. No. 12406, adopted 2002; Ord. No. 12533, § 3, adopted 2003; Ord. No. 12776, § 3(Exh. A), adopted 2006; Ord. No. 12872, § 4, adopted 2008; Ord. No. 12999, § 4(Exh. A), adopted March 16, 2010; Ord. No. 13064, § 2(Exh. A), adopted March 15, 2011, and Ord. No. 13112, § 4(Exh. A), adopted April 30, 2012.

17.102.420, 17.102.430 - Reserved.

Note— See editor's note at Section 17.102.440.

A.

Additional Use Permit Criteria. A conditional use permit for any conditionally permitted Crematorium/Extensive Impact Civic Activity 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, to any and all applicable use permit criteria set forth in the particular individual zone regulations, and to all of the following use permit criteria:

Any proposed new or expanded crematorium must submit a Health Risk Assessment that shows that there is no significant health risk to the surrounding community.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016)

Editor's note— Prior to the reenactment of Section 17.102.440 by Ord. No. 13357, § 3(Exh. A), adopted February 16, 2016, Ord. No. 13172, § 4(Exh. A), adopted July 2, 2013, repealed the former Sections 17.102.420, 17.102.430, and 17.102.440 in their entirety, which pertained to special design requirements for

lots located in a residential and commercial zones and the OS, S-1, S-2, S-3 and S-15 zones, regulations applying to check cashier and/or check cashing activity, and special regulations for primary collection centers in all zones, respectively, and derived from Ord. No. 12626, § 5, adopted 2004; Ord. No. 12872, § 4, adopted 2008; Ord. No. 12923, § 2(Exh. A), adopted March 17, 2009; Ord. No. 12939, § 4(Exh. A), adopted June 16, 2009, and Ord. No. 12999, § 4(Exh. A), adopted March 16, 2010.

Standards. The following standards shall apply to all new or expanded Laundromat uses:

A.

Security Cameras. Security cameras shall be operated on the premises during all business hours and recordings shall be maintained for a minimum of seven (7) days.

B.

When located adjacent to or below a dwelling unit the following shall be minimized:

Noise shall not exceed the limits set forth in Chapter 17.120, Performance Standards.

Vibrations shall not exceed the limits set forth in Chapter 17.120, Performance Standards.

Venting shall be directed away from residential dwelling units.

C.

Transparency.

A minimum of sixty percent (60%) of the building facade along a street or streets shall be glass (windows and/or doors).

Window Clarity. Ninety percent (90%) of area of windows shall remain clear to allow views into the commercial space.

D.

Exterior Illumination. Outdoor lighting shall be attached to the exterior of the facility containing the laundromat establishment and operated after dusk so that the exterior of the premises are discernible.

E.

Off-Site Impacts.

Litter and debris shall be cleared from the premises and the adjacent right-of-way and sidewalks of the property at least once daily or as needed to maintain a litter free environment.

Graffiti shall be removed from the exterior of the building within seventy-two (72) hours of application.

At least two (2) "No Loitering" signs shall be posted on the building facade and other visible locations around the site. Signs shall be of a permanent nature and have letters a minimum of two (2) inches in height.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13042, § 4(Exh. A), 10- 19-2010; Ord. No. 13172, § 3(Exh. A), 7-2-2013)