Chapter 17.99 — S-17 DOWNTOWN RESIDENTIAL OPEN SPACE COMBINING ZONE REGULATIONS

Oakland Municipal Code · 2026-09 edition · updated 2026-09-29 · Oakland

17.99.010 - Title, purpose and applicability.¶

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:

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.

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.

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.

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.

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

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)

17.99.040 - Permitted categories of usable open space.¶

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:

Private usable open space;

Public ground-level plaza;

Widened sidewalk;

Rooftop open space;

Courtyard; and

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:

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.

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

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:

Private Usable Open Space 10' (ground floor)

Public Ground-Level Plaza 10'

Widened Sidewalk 10'*

Rooftop 15'

Courtyard 15'

Off-Site Open Space 5,000 square feet

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.

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.

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.

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.

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)

17.99.060 - Landscaping requirements.¶

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]

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:

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).

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.).

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.

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

Housing and Business Mix (HBX) Zones;

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

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

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);

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.

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

All new Nonresidential Facilities or Activities;

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

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;

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:

Electroplating;

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

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:

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).

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.

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

Process Hazard Analysis;

Risk Management Plan;

Local Hazardous Materials Business Plan.

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

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

Containment measures for storage or use of hazardous materials;

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

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.

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.

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

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:

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.

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

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]

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.

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.

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

Zones

Additional

Activities D- D- D- D- D- D- D- D- D- Regulations WS- WS- WS- WS- WS- WS- WS- WS- WS- 1 2 3 4 5 6 7 8 9

Residential Activities

Permanent P P P P — P P P —

Residential Care P(L1) P(L1) P(L1) P(L1) — P(L1) P(L1) P(L1) — 17.103.010

Supportive Housing P P P P — P P P —

Transient Habitation — — — — — — — C — 17.103.050

17.103.010 Emergency Shelter P(L1) P(L1) P(L1) P(L1) — P(L1) P(L1) P(L1) —¶

17.103.015

Semi-Transient — — — — — — — — —

Bed and Breakfast 17.10.125

Civic Activities

Essential Service P(L13) P(L13) P(L13) P(L13) P(L13) P(L13) P(L13) P(L13) P(L13)

Limited Child-Care — P — P P P — P —

Community Assembly — P(L2) — P(L2) P(L2) P(L2) — P(L2) C(L12)

Recreational Assembly — — — — C — — — C(L12)

Community Education C C C C C C C C C

Nonassembly Cultural — P — P P P — P —

Administrative — P(L3) — P(L3) P P(L3) — P —

Health Care — P(L3) — C C C — P —

Special Health Care — — — — — — — — — 17.103.020

Utility and Vehicular — P(L4) — P(L4) P(L4) P(L3) — P(L4) —

Extensive Impact — — — — — — — — —

Commercial Activities

General Food Sales — P(L5) — P(L5) P P(L5) — P(L5) —

Full-service restaurant — P — P P P — P —

Limited Service Restaurant and Cafe — P — P P P — P —

17.103.0 30 and

Fast Food Restaurant — — — C C C — C — 8.09

Convenience Market — C(L6) — C(L6) C(L6) C(L6) — C(L6) — 17.103.030

17.103.030 and

Alcoholic Beverage Sales — C(L7) — C(L7) C(L7) C(L7) — C(L7) — 17.114.0 30

Mechanical or Electronic Games — — — — — — — — —

Medical Service — P(L8) — P(L8) P(L8) P(L8) — P(L8) —

General Retail Sales — P(L3) — P(L3) P P — P —

Large-Scale Combined Retail and Grocery Sales — — — — — — — — —

Consumer Service — P(L3) — P(L3) P(L3) P(L3) — P —

Consultative and Financial Service — P(L3) — P(L3) P(L3) P(L3) — P —

Check Cashier and Check Cashing — — — — — — — — — 17.103.040

Consumer Cleaning and Repair Service — P(L3) — P(L3) P(L3) P(L3) — P —

Consumer Dry Cleaning Plant — — — — — — — — —

Group Assembly — — — — C — — P C(L12)

Personal Instruction and Improvement Services — P(L3) — P(L3) P(L3) P(L3) — P —

Administrative — P(L3) — P(L3) P P — P —

Business, Communication, and Media Service — C — C C C — P —

Broadcasting and Recording Service — C — C C C — P —

Research Service — C(L11) — — — — — P —

General Wholesale Sales — C(L11) — — — — — P —

Transient Habitation — — — — — — — P — 17.103.050

Building Material Sales — P(L10) — P(L10) P(L10) P(L10) — P —

Automobile and Other Light Vehicle Sales and Rental — — — — — — — — —

Automobile and Other Light Vehicle Gas Station and — — — — — — — — — Servicing

Automotive and Other Light Vehicle Repair and Cleaning — — — — — — — — —

Taxi and Light Fleet-Based Services — — — — — — — — —

Automotive Fee Parking — — — — — — — — — 17.103.055

Animal Care — — — — — — — — —

Animal Boarding — — — — — — — — —

Undertaking Service — — — — — — — — —

Industrial Activities

Custom Manufacturing — P(L16) — C C C — P(L16) —

Light Manufacturing — C — — C — — C —

General Manufacturing — — — — — — — C —

Heavy/High Impact Manufacturing — — — — — — — — —

Research and Development — C(L11) — — C — — — —

Construction Operations — P(L10) — P(L10) P(L10) P(L10) — P(L10) —

Warehousing, Storage and Distribution-Related:

A. General Warehousing, Storage and Distribution — C(L11) — — — — — — —

B. General Outdoor Storage — — — — — — — — —

C. Self- or Mini-Storage — — — — — — — — —

D. Container Storage — — — — — — — — —

E. Automotive Salvage and Junk Yards — — — — — — — — —

Regional Freight Transportation: — — — — — — — — —

Trucking and Truck-Related: — — — — — — — — —

Recycling and Waste-Related:

A. Satellite Recycling Collection Centers — — — — — — — — —

B. Primary Recycling Collection Centers — — — — — — — — —

Hazardous Materials Production, Storage & and Waste — — — — — — — — — Management-Related

Agricultural and Extractive Activities

Plant Nursery — — — — — — — — —

Limited Agriculture C(L14) C(L14) C(L14) C(L14) C(L14) C(L14) C(L14) C(L14) C(L14)

Extensive Agriculture C(L15) C(L15) C(L15) C(L15) C(L15) C(L15) C(L15) C(L15) C(L15)

Mining and Quarrying Extractive — — — — — — — — —

Accessory off-street parking serving prohibited activities — — — — — — — — — 17.116.175

Additional activities that are permitted or conditionally permitted in an adjacent zone, on lots near the boundary — — — — — — — — — 17.102.110 thereof

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:

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), 5-2- 2017;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

Zones Development Additional

Standards D-WS-1 D-WS-2 D-WS-3 D-WS-4 D-WS-5 D-WS-6 D-WS-7 D-WS-8 D-WS-9 Regulations

Maximum Residential Density (square feet of lot area required per dwelling unit)

1 unit 1 unit
1 unit 1 unit 1 unit 1 unit 1 unit

Maximum Permitted per per per 850 per 614 per 549 per 679 per 332 Density for Regular 1,535 sf. 1,218 sf. N/A N/A 1 sf. of lot sf. of lot sf. of lot sf. of lot sf. of lot Dwelling Units of lot of lot area area area area area area area

Maximum Number of Regular Dwelling 82 200 200 450 0 215 170 264 0 1 Units

Minimum Residential Density (square feet of lot area required per dwelling unit)

1 unit 1 unit 1 unit 1 unit 1 unit 1 unit

Minimum Permitted per per per per per per Density for Regular 2,000 sf. 2,000 sf. 2,000 sf. 2,000 sf. N/A N/A 1,000 sf. 1,000 sf. N/A 1 Dwelling Units of lot of lot of lot of lot of lot of lot area area area area area area

Maximum Nonresidential Floor Area Ratio (FAR)

Max. FAR for N/A 1.4 N/A 2.0 2.0 2.0 N/A 3.0 N/A 3, 6, 7 Nonresidential Uses

Maximum Floor Area For Nonresidential Uses

Max. Floor Area for 221,000 40,000 70,000 258,000 Nonresidential Uses 0 sf. 0 sf. 6,000 sf. 0 sf. N/A 3, 6, 7 sf. sf. sf. sf. (sq. ft.)

Maximum Height

Max. Height 65 ft. 65 ft. 50 ft. 50 ft. 65 ft. 90 ft. 90 ft. N/A 2

Minimum Street Setbacks

Wood Street 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. N/A 4, 8

12th Street 0 ft. 0 ft. 0 ft. 0 ft. 0 ft. 0 ft. 0 ft. 0 ft. N/A 4, 8

Frontage Road 0 ft. 0 ft. 0 ft. 0 ft. 0 ft. 0 ft. 0 ft. 0 ft. N/A 4, 8

14th Street 0 ft. 0 ft. 0 ft. 0 ft. 0 ft. 0 ft. 0 ft. 0 ft. N/A 4, 8

Public Access Areas 0 ft. 0 ft. 0 ft. 0 ft. 0 ft. 0 ft. 0 ft. 0 ft. N/A 4, 8

Minimum Interior Setbacks

Min. Interior 5 ft. 5 ft. 10 ft. 5 ft. 5 ft. 5 ft. 0 ft. 0 ft. N/A 4, 8 Setbacks

Minimum Usable Open Space

Group Usable Open Space per Dwelling 100 sf. 75 sf. 100 sf. 100 sf. N/A 75 sf. 75 sf. 50 sf. N/A 5 Unit (DU)

Parking Requirements

Required Parking See Chapter 17.116 for automobile parking and Chapter 17.117 for bicycle parking requirements for All Uses

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]

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), 3-16- 2010.

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

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

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.

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.

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:

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

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

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

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

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

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.

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 63.82- acre 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:

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

Shoreline improvements;

Location and dimensions of structures;

Utilization of property for residential and non-residential use;

Population estimates;

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

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

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

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;

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;

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;

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;

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

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.

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.

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

The location of all shoreline improvements and remediation plans.

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.

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

The character and location of signs.

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

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

Detailed demolition plans for the appropriate phase.

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.

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.

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.

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.

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 on- site 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.

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-to- Ninth 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

Activities Zones Additional Regulations

D-OTN OS-RSP

Residential Activities

Permanent P C(L4)

Residential Care P(L3) — 17.103.010

Supportive Housing P —

Transitional Housing P —

Emergency Shelter P(L3) — 17.103.010

Semi-Transient C —

Bed and Breakfast — — 17.10.125

Civic Activities

Essential Service P C

Limited Child-Care Activities P C

Community Assembly P C

Recreational Assembly P C

Community Education P C

Nonassembly Cultural P C

Administrative P C

Health Care C —

Special Health Care C — 17.103.020

Utility and Vehicular C —

Extensive Impact C C

A. Marinas — C

Commercial Activities

General Food Sales P —

Full Service Restaurants P C

Limited Service Restaurant and Cafe P C

Fast-Food Restaurant C — 17.103.030 and 8.09

Convenience Market P — 17.103.030

Alcoholic Beverage Sales C C 17.103.030 and 17.114.030

Mechanical or Electronic Games C —

Medical Service C —

General Retail Sales P —

Large-Scale Combined Retail and Grocery Sales — —

Consumer Service P — 17.102.170 and 17.102.450

Consultative and Financial Service P —

Check Cashier and Check Cashing — —

Consumer Cleaning and Repair Service P —

Consumer Dry Cleaning Plant C —

Group Assembly C —

Personal Instruction and Improvement Services P —

Administrative P —

Business, Communication, and Media Services P —

Broadcasting and Recording Services P —

Research Service P —

General Wholesale Sales — —

Transient Habitation C — 17.103.050

Building Material Sales — —

Automobile and Other Light Vehicle Sales and — — Rental

Automobile and Other Light Vehicle Gas Station — — and Servicing

Automobile and Other Light Vehicle Repair and — — Cleaning

Taxi and Light Fleet-Based Services — —

Automotive Fee Parking C — 17.103.055

Animal Boarding — —

Animal Care — C

Undertaking Service — —

Industrial Activities

Custom Manufacturing — —

Light Manufacturing — —

General Manufacturing — —

Heavy/High Impact — —

Research and Development — —

Construction Operations — —

Warehousing, Storage, and Distribution-Related

A. General Warehousing, Storage and Distribution — —

B. General Outdoor Storage — —

C. Self- or Mini-Storage — —

D. Container Storage — —

E. Salvage/Junk Yards — —

Regional Freight Transportation — —

Trucking and Truck-Related — —

Recycling and Waste-Related — —

A. Satellite Recycling Collection Centers — —

B. Primary Recycling Collection Centers — — 17.103.060

Hazardous Materials Production, Storage, and — — Waste Management-Related

Agriculture and Extractive Activities

Limited Agriculture C(L1) —

Extensive Agriculture C(L2) —

Plant Nursery — —

Mining and Quarrying — —

Accessory off-street parking serving prohibited — — 17.116.075 activities

Activities that are listed as prohibited but are C C 17.102.110 permitted or conditionally permitted on nearby lots in an adjacent zone

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:

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.

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

Density Gross Acres Net Developable Acres

Site Area 63.82 22.18

Number of Residential Units 3,700 3,700

Average Residential Density 58 du/gross acre 140 du/net acre*

*Net developable acres exclude 9.18 acres of roads.

Table 17.101B.03: Development Parcels or Areas

A B C D E F* G* H J K L M N Total

Net 2.38 1.53 1.48 1.46 1.20 1.75 2.72 2.08 1.84 1.69 1.45 2.60 0 22.18 Acres

Number of Dwelling 254 241 241 240 200 211 340 410 390 360 240 573 0 3,700 Units (D.U.)

D.U./Net Acre 107 158 163 164 167 120 125 197 211 213 165 220 0 167

*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:

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

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.

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.

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

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

Parking Standard Zoning Districts

D-OTN OS-RSP

Parking Spaces Required per One (1) space for each dwelling N/A Residential Unit unit, except that no parking shall be required if located within one- half (½) mile of a major transit stop, as defined in Section 21155 of the Public Resources Code.

Parking Spaces Required for One (1) space for each 500 N/A Commercial Activities square feet of floor area, except that no parking shall be required if located within one-half (½) mile of a major transit stop, as defined in Section 21155 of the Public Resources Code.

Parking Spaces Required for One (1) space for each five (5) One (1) space for each 5 boat Marinas boat slips. slips.

Parking Spaces Required per N/A Five (5) spaces for each one (1) Acre of Public Open Space acre of Public Open Space.

Parking Spaces Required for N/A One (1) space for each 1,400 Jack London Aquatic Center square feet of floor area.

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:

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

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:

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;

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;

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

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

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

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.

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

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.

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.

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.

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

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.

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.

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

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.

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

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]

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.

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.

The intent for the Valdez Triangle subarea regulations is to:

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.

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.

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.

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

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

The intent for the North End subarea regulations is to:

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 care- oriented neighborhoods.

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.

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.

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.

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

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.

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.

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.

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.

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

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

Combining
Base Zones
Zone* Additional

Activities Regulations D-BV-1 D-BV-2 D-BV-3 D-BV-4 N *

Residential Activities

Permanent C(L2)(L3) P(L3)(L4) P(L3)(L5) P(L3)(L6) P(L3)(L6)

C(L1)(L2) P(L1)(L3) P(L1)(L3) P(L1)(L3) P(L1)(L3)

Residential Care 17.103.010 (L3) (L4) (L5) (L6) (L6)

Supportive Housing C(L2)(L3) P(L3)(L4) P(L3)(L5) P(L3)(L6) P(L3)(L6)

Transitional Housing C(L2)(L3) P(L3)(L4) P(L3)(L5) P(L3)(L6) P(L3)(L6)

Emergency Shelter P(L1)(L7) P(L1)(L7) P(L1)(L7) P(L1)(L7) P(L1)(L7) 17.103.010

Semi-Transient — — — — —

Bed and Breakfast — C C C C 17.10.125

Civic Activities

Essential Service P(L20) P(L20) P(L20) P P(L20)

Limited Child-Care Activities P(L4) P(L4) P(L4) P P(L6)

Community Assembly C(L4) C C C C

Recreational Assembly P P P P P

Community Education P(L4) P(L5) P(L5) P P

Nonassembly Cultural P P P P P

Administrative P(L4) P(L6) P(L5) P P(L6)

Health Care C(L4) P(L6) P(L5) P P(L6)

C(L9)

Special Health Care — — C(L9) C(L9)(L10) 17.103.020 (L10)

Utility and Vehicular C C C C C

Extensive Impact C C C C C

Commercial Activities

General Food Sales P(L12) P P P P

Full-service restaurants P(L12) P P P P

Limited Service Restaurant and Cafe P(L12) P P P P

17.103.030 Fast-Food Restaurant C(L12) C C C C¶

and 8.09

Convenience Market — C C C — 17.103.030

17.103.030 C(L12)¶

Alcoholic Beverage Sales C(L24) C C C and (L24) 17.114.030

Mechanical or Electronic Games P(L12) P P P P

P(L12)

Medical Service P(L25) P(L25) P P(L25) (L25)

General Retail Sales P(L12) P P P P

Large-Scale Combined Retail and Grocery Sales — — — — C

P(L12)

Consumer Service P(L13) P(L13) P(L13) P (L13)

Consultative and Financial Service P(L12) P P P P

Check Cashier and Check Cashing — — — — —

Consumer Cleaning and Repair Service P(L14) P(L14) P(L14) P(L14) P(L14)

Consumer Dry Cleaning Plant — — — — —

P(L12)

Artisan Production P(L26) P(L26) P(L26) P(L26) (L26)

P(L12)
P(L14) P(L14) P(L14) P(L14)

Group Assembly (L14) (L15) (L15) (L15) (L15) (L15)

Personal Instruction and Improvement Services P(L12) P P P P

Administrative P(L4) P(L6) P(L5) P P(L6)

Business, Communication, and Media Services P(L12) P P P P

Broadcasting and Recording Services P(L5) P(L5) P(L5) P P(L5)

Research Service P(L4) P(L6) P(L5) P P(L6)

General Wholesale Sales — — — — —

Transient Habitation C(L2) C C — C 17.103.050

Building Material Sales — — — — —

P(L12)

Automobile and Other Light Vehicle Sales and Rental P(L16) P(L16) P(L16) P(L16) (L16)

Automobile and Other Light Vehicle Gas Station and —(L17) —(L17) —(L17) —(L17) —(L17) Servicing

Automobile and Other Light Vehicle Repair and —(L17) —(L17) —(L17) —(L17) C(L5) Cleaning (L18) (L18) (L18)

Taxi and Light Fleet-Based Services — — — — —

Automotive Fee Parking P(L19) P(L19) P(L19) P(L19) P(L19)

Animal Boarding — — — C —

Animal Care P(L25) P(L25) P(L25) P P(L25)

Undertaking Service — — — — —

Industrial Activities

Custom Manufacturing C(L11) C C(L5) C(L5) C 17.120

Light Manufacturing — — — — —

General Manufacturing — — — — —

Heavy/High Impact — — — — —

Research and Development — — — — —

Construction Operations — — — — —

Warehousing, Storage, and Distribution-Related

A. General Warehousing, Storage and Distribution — — — — —

B. General Outdoor Storage — — — — —

C. Self- or Mini-Storage — — — — —

D. Container Storage — — — — —

E. Salvage/Junk Yards — — — — —

Regional Freight Transportation — — — — —

Trucking and Truck-Related — — — — —

Recycling and Waste-Related

A. Satellite Recycling Collection Centers — — — — —

B. Primary Recycling Collection Centers — — — — —

Hazardous Materials Production, Storage, and Waste — — — — — Management-Related

Agriculture and Extractive Activities

Limited Agriculture — — — C(L21) —

Extensive Agriculture — — — C(L22) —

Plant Nursery — — C(L5) C —

Mining and Quarrying — — — — —

Accessory off-street parking serving prohibited C(L5) C(L5) C(L5) C C(L5) activities

Activities that are listed as prohibited or conditionally C(L5) C(L5) C(L5) C C(L5) 17.102.110 permitted on nearby lots in an adjacent zone

*If the N Combining Zone, the N regulations supersede the base zone.

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.

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 multi- story 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:

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:

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.

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), 6-9- 2020; 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

Combining
Base Zones * Additional Facilities Zone
Regulations
D-BV-1 D-BV-2 D-BV-3 D-BV-4 N

Residential Facilities

One-Family Dwelling —(L1) —(L1) —(L1) —(L1) —(L1) 17.103.080

Two- to Four-Family Dwelling —(L1) —(L1) —(L1) P(L1) —(L1) 17.103.080

Multifamily Dwelling C(L2)(L1) P(L3)(L1) P(L4)(L1) P(L11) P(L5)(L1) 17.103.080

Rooming House C(L2) P(L3) P(L4) P P(L5)

C(L4)(L6)

Micro Living Quarters — C(L3)(L7) — — 17.101C.055 (L7)

17.103.080 Vehicular —C(L2) —C(L3) —C(L4) —P —P(L5)¶

17.103.085

Nonresidential Facilities

Enclosed Nonresidential P P P P P

Open Nonresidential C(L8) C(L8) C(L8) C(L8) C(L8)

Sidewalk Cafe P P P P P 17.103.090

Drive-In — — — — —

Drive-Through — — C(L9) — — 17.103.100

Telecommunications Facilities

Micro Telecommunications P(L10) P(L10) P(L10) P(L10) P(L10) 17.128

Mini Telecommunications P(L10) P(L10) P(L10) P(L10) P(L10) 17.128

Macro Telecommunications C C C C C 17.128

Monopole Telecommunications — — — — — 17.128

Tower Telecommunications — — — — — 17.128

Sign Facilities

Residential Signs P P P P P 17.104

Special Signs P P P P P 17.104

Development Signs P P P P P 17.104

Realty Signs P P P P P 17.104

Civic Signs P P P P P 17.104

Business Signs P P P P P 17.104

Advertising Signs — — — — — 17.104

*In the N Combining Zone, the N regulations supersede the base zone.

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 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.

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), 1-18- 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. 13270, § 3(Exh. A), 11-18-2014; Ord. No. 13241, § 5(Exh. C), 7-1-2014)

17.101C.050 - Property development standards.

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

Combining
Base Zones * Additional Development Standards Zone
Regulations
D-BV-1 D-BV-2 D-BV-3 D-BV-4 N

Minimum Lot Dimensions

Lot Width mean 100 ft. 50 ft. 25 ft. 25 ft. 100 ft. 1

Frontage 100 ft. 50 ft. 25 ft. 25 ft. 100 ft. 1

Lot area 10,000 sf. 7,500 sf. 4,000 sf. 4,000 sf. 10,000 sf. 1

Minimum/Maximum Setbacks

Minimum front 0 ft. 0 ft. 0 ft. 0 ft. 0—4 ft. 2, 3, 14

Maximum front 5 ft. 5 ft. 10 ft. N/A 5 ft. 4, 14

Minimum interior side 0 ft. 0 ft. 0 ft. 0 ft. 0 ft. 5, 6, 14

Minimum street side 0 ft. 0 ft. 0 ft. 0 ft. 0 ft. 7, 14

Rear (Residential Facilities) 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 8, 9, 14

Rear (Nonresidential Facilities) 0/10 ft. 0/10 ft. 0/10 ft. 0/10 ft. 0/10 ft. 9

Design Regulations

Minimum facade transparency of ground 55% 55% 55% N/A 55% 10, 15 floor Nonresidential Facilities

Minimum height of ground floor 15 ft. 15 ft. 15 ft. 15 ft. 15 ft. 11 Nonresidential Facilities

Parking and driveway location Yes Yes Yes No Yes 12 requirements

Ground floor active space requirement Yes Yes Yes No Yes 13

See Tables

Height, Floor Area Ratio, Density, and Open 17.101C.05 See Table 17.101C.04 Space Regulations and 17.101C.06

See Chapter 17.116 for automobile parking regulations; and

Minimum Required Parking Section 17.116.110(I) for additional parking regulations for the D- BV Zones. See Chapter 17.117 for bicycle parking regulations.

Courtyard Regulations See Section 17.108.120

In the N Combining Zone, the N regulations supersede the base zone.

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 one- half (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

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

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

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, non- reflective 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

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.

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.

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

Height Area Additional

Regulation 45 45 * 65 95 95/135 135 135/200 250 Regulations

Maximum Height

N/A/65 65/95

Building Base Max. Height N/A N/A N/A N/A 65 ft. 95 ft. 1, 2, 3 ft. ft.

95/135 135/200

Maximum Height Total 45 ft. 45 ft. 65 ft. 95 ft. 135 ft. 250 ft. 1, 2, 3 ft. ft.

Maximum number of stories (not including underground 4 4 6 8 8/13 13 13/19 24 3 construction)

Minimum Height

Minimum number of stories (not including underground 2 N/A 2 3 3 3 3 4 2, 4 construction)

Conditionally permitted minimum number of stories (not N/A N/A N/A 2 2 2 2 3 2 including underground construction)

Maximum Residential Density (square feet of lot area required per dwelling unit)

Regular units 450 N/A 350 250 250/200 200 200/150 90 3, 5, 6

Rooming units 225 N/A 175 125 125/100 100 100/75 45 3, 5, 6

Maximum Micro Living Quarters

17.103.030 Fast-Food Restaurant — C — — C —¶

and 8.09

Convenience Market C C C C — — 17.103.030

Alcoholic Beverage Sales C C C C C — 17.103.030 and

17.114.030

Mechanical or Electronic Games C C C C — —

Medical Service — — P(L2) — — —

General Retail Sales P P P (L5) P (L5) P (L5) P(L6)

Large-Scale Combined Retail and Grocery Sales

Consumer Service P P P P P —

Consultative and Financial P P P (L3) P C — Service

Check Cashier and Check — C — — — — 17.103.040 Cashing

Consumer Cleaning and Repair — P C C C — Service

Consumer Dry Cleaning Plant — — — — C C

Group Assembly C C C C C C (L8)

Personal Instruction and P P P P C C (L8) Improvement Services

Administrative P P P (L3) P (L3) P —(L9)

Business, Communication, and P P P P P P Media Services

Broadcasting and Recording P P P P P P Services

Research Service P P P(L3)(L10) P(L3)(L10) P P

General Wholesale Sales — P (L7) P (L2) P (L3) P (L3)(L11) P

Transient Habitation C C C C — — 17.103.050

Building Material Sales — P P(L2)(L10) P (L2)(L10) P —

Boat and Marine-Related Sales, P — — — — C Rental, Repair and Servicing

Automobile and Other Light — C — — — C Vehicle Sales and Rental

Automobile and Other Light Vehicle Gas Station and — C — — C P(L14) Servicing

Automobile and Other Light — C (L13) — — C P(L14) Vehicle Repair and Cleaning

Taxi and Light Fleet-Based — — — — — C Services

Automotive Fee Parking — — — C C C 17.103.055

Animal Boarding — C C C — —

Animal Care — P C C — —

Undertaking Service — — — — C C

Industrial Activities

P(L3)(L10) P (L3)(L10) Custom Manufacturing C P P P 17.120 (L12) (L12)

P(L2)(L10) P(L3)(L10) Light Manufacturing C P P P 17.120 (L12) (L12)

General Manufacturing — — — — P P

Heavy/High Impact — — — — — C(L24)

Research and Development P(L2) P(L3)(L10) P(L3)(L10) P(L3)(L10) P P

Construction Operations — — — C(L10) P (L14) P (L14) 17.103.065

Warehousing, Storage, and Distribution-Related:

A. General Warehousing, C — P(L2)(L10) P(L2)(L10) P(L23) P(L23) 17.103.065 Storage and Distribution

B. General Outdoor Storage — — — — P (L14) P (L14)

C. Self- or Mini-Storage — — — — C(L25) —

D. Container Storage — — — — P (L14) P (L14)

E. Salvage/Junk Yards — — — — — C(L24)

Regional Freight Transportation-Related:

A. Seaport — — — — — C

B. Rail Yard — — — — C C 17.103.065

Trucking and Truck-Related:

A. Freight/Truck Terminal — — — — P (L14) P(L14) 17.103.065

B. Truck Yard — — — — C(L24) P(L14) 17.103.065

C. Truck Weigh Stations — — — — P(L14) P(L14) 17.103.065

D. Truck & Other Heavy Vehicle — — — — P(L14) P(L14) 17.103.065 Sales, Rental & Leasing

E. Truck & Other Heavy Vehicle — — — — P(L14) P(L14) 17.103.065 Service, Repair, and Refueling

Recycling and Waste-Related:

A. Satellite Recycling Collection — P (L15) P (L15) P (L15) P (L15) P (L15) 17.10.040 Centers

B. Primary Recycling Collection 17.73.035 — — — — — C (L16) Centers 17.103.065

Hazardous Materials Production, Storage, and Waste Management-Related:

A. Small Scale Transfer and C(L17) — — — — C(L24) Storage (L24)

C(L17)

B. Industrial Transfer/Storage — — — — — (L24)

C(L17) C. Residuals Repositories — — — — — (L24)

C(L14)

D. Oil and Gas Storage — — — — — (L17)

Agriculture and Extractive Activities

Limited Agriculture C(L19) C(L19) P(L20) P(L20) C(L19) C(L19)

Extensive Agriculture C(L21) C(L21) C(L21) C(L21) C(L21) C(L21)

Plant Nursery — C C C P P

Mining and Quarrying — — — — — —

Accessory off-street parking C C C C C C 17.116.175 serving prohibited activities

Additional activities that are permitted or conditionally permitted in an adjacent zone, C C C C C C 17.102.110 on lots near the boundary thereof.

Limitations on Table 17.101E.01:

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).

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:

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:

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.

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), 10- 4-2016; 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.

Definitions.

"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.

"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

Zones Additional

Facilities Regulations D-CE-1 D-CE-2 D-CE-3 D-CE-4 D-CE-5 D-CE-6

Residential Facilities

One-Family Dwelling —(L1) —(L1) P(L5) —(L1) —(L1) —(L1) 17.103.080

Two- to Four-Family Dwelling —(L1) —(L1) P(L5) —(L1) —(L1) —(L1) 17.103.080

Multifamily Dwelling —(L1) —(L1) P(L5) P(L5) —(L1) —(L1) 17.103.080

Rooming House —(L1) —(L1) P P —(L1) —(L1)

17.103.080 Vehicular —(L1) —(L1) —P —(L1) —(L1) —(L1)¶

17.103.085

Live/Work — — P P — —

Nonresidential Facilities

Enclosed Nonresidential P P P P P P

Open Nonresidential P P C(L4) C(L4) P P

Work/Live — — P P C —

Sidewalk Cafe P P P P C — 17.103.090

Drive-In C C — C — —

Drive-Through C C — C (L2) C C 17.103.100

Telecommunications Facilities

Micro Telecommunications C P(L3) C C P(L3) P(L3) 17.128

Mini Telecommunications C P(L3) C C P(L3) P(L3) 17.128

Macro Telecommunications C C C C C P(L3) 17.128

Monopole Telecommunications C C C C C P(L3) 17.128

Tower Telecommunications — — — — — P(L3) 17.128

Sign Facilities

Residential Signs — — P P — — 17.104

Special Signs P P P P P P 17.104

Development Signs P P P P P — 17.104

Realty Signs P P P P P P 17.104

Civic Signs P P P P P P 17.104

Business Signs P P P P P P 17.104

Advertising Signs — — — — — — 17.104

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), 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. 13168, § 5(Exh. A), 6-18-2013)

17.101E.050 - Property development standards.

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

Zones Additional

Development Standards Regulations D-CE-1 D-CE-2 D-CE-3 D-CE-4 D-CE-5 D-CE-6

Minimum Lot Dimensions

Lot Width mean 25 ft. 25 ft. 25 ft. 25 ft. 35 ft. 35 ft. 1

Frontage 25 ft. 25 ft. 25 ft. 25 ft. 35 ft. 35 ft. 1

Lot area 4,000 sf. 4,000 sf. 2,500 sf. 2,500 sf. 10,000 sf. 10,000 sf. 1

Minimum/Maximum Setbacks See also "Design Guidelines for the Central Estuary" Section 3.3.

See additional

Minimum front 0 ft. 0 ft. 0/10 ft. 5 ft. 5 ft. 2, 20 regulation 2.

See additional

Minimum interior side 0 ft. 0 ft. 0 ft. 0 ft. 0 ft. 2, 20 regulation 2.

Minimum street side of a corner 0 ft. 0 ft. See 4 ft. 5 ft. 5 ft. 2, 20 lot additional

regulation 2.

See additional

Rear (Residential Facilities) N/A N/A 10 ft. N/A N/A 2, 3, 20 regulation 2.

Rear (Nonresidential Facilities) 0 ft. 0 ft. 0 ft. 0 ft. 0 ft. 0 ft. 2, 20

Reduced Setbacks for Smaller See Table 17.101E.04 for reduced setbacks for smaller lots 20 Lots

Height Regulations See also "Design Guidelines for the Central Estuary" Section 4.2.

Maximum height 45 ft. 95 ft. 55 ft. 95 ft. 95 ft. N/A 4, 5, 6, 7

See Chapter 17.108.140 for standards applicable to fences, dense hedges, Fence heights & other barriers, & free standing walls; and Design Guidelines for the Central Estuary 8 regulations

17.103.030 Fast-Food Restaurant — C C C C¶

and 8.09

Convenience Market C(L7) C C C C 17.103.030

17.103.030 Alcoholic Beverage Sales C(L7) C(L17) C(L17) C(L17) C and¶

17.114.030

Artisan Production P(L18) P(L18) P(L18) P(L18) P(L18)

Mechanical or Electronic Games C C C C C

Medical Service P(L4)(L5) P(L4)(L5) P(L5) P(L5) P

General Retail Sales P P P P P

Large-Scale Combined Retail and Grocery Sales — — — — —

P(L4)(L5) P(L4)(L5)

Consumer Service P(L5)(L9) P(L5)(L9) P(L9) (L9) (L9)

Consultative and Financial Service P(L4)(L5) P(L4)(L5) P(L5) P(L5) P

Check Cashier and Check Cashing — C(L10) C(L10) C(L10) C(L10) 17.103.040

P(L4) (L5)

Consumer Cleaning and Repair Service P(L5) P(L5) P(L5) P (L7)

Consumer Dry C(L7) C C C C

Cleaning Plant

P(L4)(L5) P(L4)(L5)

Group Assembly C(L11) P(L11) P(L11) (L11) (L11)

Personal Instruction and Improvement Services P P P P P

Administrative P(L4)(L5) P(L4)(L5) P(L5) P(L5) P

P(L4)(L5)

Business, Communication, and Media Services P(L4)(L5) P(L5) P(L5) P (L7)

Broadcasting and Recording Services P(L4)(L5) P(L4)(L5) P(L5) P(L5) P Commercial Activities (L7)

Research Service P(L4)(L5) P(L4)(L5) P(L5) P(L5) P

General Wholesale Sales — — — C —

Transient Habitation C C C C C 17.103.050

Building Material Sales — — — — —

Automobile and Other Light Vehicle Sales and — — — C — Rental

Automobile and Other Light Vehicle Gas Station — — — — — and Servicing

Automobile and Other Light Vehicle Repair and — — — C(L13) — Cleaning

Taxi and Light Fleet-Based Services — — — C(L13) —

Automotive Fee Parking C(L14) C(L14) C(L14) C(L14) C(L14) 17.103.055

Animal Boarding — — — — —

Animal Care — C C C C

Undertaking Service — — — C —

Industrial Activities

C(L1)

Custom Manufacturing — — C(L13) — (L13)

Light Manufacturing — — — — C(L13) —

General Manufacturing — — — — —

Heavy/High Impact — — — — —

Research and Development — — C(L13) C(L13) —

Construction Operations — — — — —

Warehousing, Storage, and Distribution-Related

A. General Warehousing, Storage and — — — — — Distribution

B. General Outdoor Storage — — — — —

C. Self- or Mini-Storage — — — — —

D. Container Storage — — — — —

E. Salvage/Junk Yards — — — — —

Regional Freight and Transportation-Related

All Regional Freight and Transportation- Related — — — — — Activities

Trucking and Truck-Related

All Trucking and Truck-Related Activities — — — — —

Recycling and Waste-Related

A. Satellite Recycling Collection Centers — — — — —

B. Primary Recycling Collection Centers — — — — —

Hazardous Materials Production, Storage, and — — — — — Waste Management-Related

Agriculture and Extractive Activities

Limited Agriculture P(L15) P(L15) P(L15) P(L15) P(L15)

Extensive Agriculture C(L16) C(L16) C(L16) C(L16) C(L16)

Plant Nursery — — — — —

Mining and Quarrying — — — — —

Accessory off-street parking serving prohibited activities

Activities that are listed as prohibited, but are permitted or conditionally permitted on nearby C C C C C 17.102.110 lots in an adjacent zone

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:

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), 10-4- 2016; 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

Zones Additional Facilities D-LM-1 D-LM-2 D-LM-3 D-LM-4 D-LM-5 Regulations

Residential Facilities

One-Family Dwelling —(L1) —(L1) —(L1) —(L1) —(L1)

One-Family Dwellings —(L1) —(L1) —(L1) —(L1) —(L1) 17.103.080

Two- to Four-Family Dwelling P(L6) P(L5)(L6) P(L5)(L6) P(L5)(L6) P(L5)(L6) 17.103.080

Multifamily Dwelling P(L6) P(L6) P(L6) P(L6) P(L6) 17.103.080

Rooming House P P P P P

17.103.080 Vehicular —P —P —P —P —P¶

17.103.085

Nonresidential Facilities

Enclosed Nonresidential P(L3) P(L3) P(L3) P(L3) P

Open Nonresidential C(L4) C(L4) C(L4) C(L4) C(L4)

Sidewalk Cafe P P P P P 17.103.090

Drive-In Nonresidential — — — C C

Drive-Through Nonresidential — — — C(L2) C(L2) 17.103.100

Telecommunications Facilities

Micro Telecommunications C P P P P 17.128

Mini Telecommunications C P P P P 17.128

Macro Telecommunications C C C C C 17.128

Monopole Telecommunications — — — C C 17.128

Tower Telecommunications — — — — — 17.128

Sign Facilities

Residential Signs P P P P P 17.104

Special Signs P P P P P 17.104

Development Signs P P P P P 17.104

Realty Signs P P P P P 17.104

Civic Signs P P P P P 17.104

Business Signs P P P P P 17.104

Advertising Signs — — — — — 17.104

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.

17.101G.050 - Property development standards.

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

Zones Additional

Development Standards D-LM-1 D-LM-2 D-LM-3 D-LM-4 D-LM-5 Regulations

Minimum Lot Dimensions

Width 25 ft. 25 ft. 50 ft. 50 ft. 50 ft. 1

Frontage 25 ft. 25 ft. 50 ft. 50 ft. 50 ft. 1

Lot area 4,000 sf. 4,000 sf. 7,500 sf. 7,500 sf. 7,500 sf. 1

Minimum/Maximum Setbacks

Minimum front 0 ft. 0 ft. 0 ft. 0 ft. 0 ft. 2, 9

Maximum front and street side for the first story N/A 5 ft. 5 ft. 10 ft. N/A 3, 9

Maximum front and street side for the second and third stories or thirty-five (35) feet, whatever N/A 5 ft. 5 ft. N/A N/A 3, 9 is lower

Minimum interior side 0 ft. 0 ft. 0 ft. 0 ft. 0 ft. 2

Minimum corner side 0 ft. 0 ft. 0 ft. 0 ft. 0 ft. 2

Rear 10 ft. 0 ft. 0 ft. 0 ft. 0 ft. 2

Average minimum setback from the Lake 60 ft. 60 ft. 60 ft. 60 ft. 60 ft. 4, 9 Merritt Estuary Channel

Design Regulations

Minimum facade transparency of ground floor 55% 65% 55% 55% 55% 5 Nonresidential Facilities

Minimum height of ground floor Nonresidential 15 ft. 15 ft. 15 ft. 15 ft. 15 ft. 6 Facilities

Minimum width of storefronts 15 ft. 15 ft. 15 ft. 15 ft. 15 ft. 7

Minimum separation between grade and 2.5 ft. N/A N/A 2.5 ft. N/A 8 ground floor living space

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.

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.

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

Regulation Height/Bulk/Intensity Areas Notes

LM-45 LM-95 LM-175 LM-275

Maximum Height

Building Base 45 ft. 45 ft. 45 ft. base; 45 ft. base; 1

95 ft. base upon 95 ft. base upon
granting of CUP and granting of CUP and
additional findings in additional findings in
Note 2.a, b, c Note 2.a, b, c

Maximum Height Total 45 ft. 95 ft. 175 ft. 275 ft. 2

Height Area Exceptions N/A LM-175 standards LM-275 standards Not applicable 2 Allowed With Conditional allowed for 5 bldgs. allowed for 3 bldgs. Use Permit (CUP) total (2 on east side total and 3 on west side of Lake Merritt Channel);

LM-275 standards allowed for 3 bldgs. total (1 on east side and 2 on west side of Lake Merritt Channel)

Minimum Height

New principal buildings 25 ft. 35 ft. 35 ft. 35 ft. 3

Maximum Residential Density (Square Feet of Lot Area Required Per Unit)

Regular Dwelling Unit 450 225 110 110 2, 4

Rooming Unit 225 110 55 55 2, 4

Efficiency Dwelling Unit 225 110 55 55 2, 4

Maximum Nonresidential Intensity (Floor Area Ratio)

Maximum Nonresidential 2.5 5 8 12 2, 4 Floor Area Ratio (FAR) 7.2 if on BART-owned parcel subject to AB2923 (2018)

Tower Regulations

Setback of Tower from N/A 0 ft., for buildings not 20 ft., along at least 20 ft., along at least See Building Base exceeding 95 ft. in 50% of the perimeter 50% of the perimeter additional height length of the building length of the building CUP base; base; findings in 10 ft., along at least Note 2 50% of the perimeter 10 ft., along at least 10 ft., along at least below length of base for 50% of the perimeter 50% of the perimeter buildings exceeding length of base upon length of base upon 95 ft. in height granting of CUP and granting of CUP and additional findings in additional findings in Note 2.a, b, c Note 2.a, b, c

Maximum average per N/A N/A 70% of site area or 80% of site area or 2, 5 story lot coverage above 15,000 sf, whichever 15,000 sf, whichever building base is greater is greater

Maximum tower elevation N/A N/A 150 ft. 150 ft. 2, 5 length

Maximum diagonal length N/A N/A 180 ft. 180 ft. 2, 5

Minimum distance N/A N/A 50 ft. 50 ft. 2 between towers on the same lot

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), 11- 16-2021; 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.

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.

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:

"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.

"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.

"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.

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

"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.

"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.

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

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

Type of Living Unit Minimum Open Space Area Required

Senior Housing Unit Thirty (30) square feet per unit

Affordable Housing Unit Thirty (30) square feet per unit

Rooming Unit Thirty (30) square feet per unit

Efficiency Dwelling Unit Thirty (30) square feet per unit

Residential Unit within a Building on the Local Register of Thirty (30) square feet per unit Historic Resources

Other Residential Unit Sixty (60) square feet per unit

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

Type of Usable Minimum Notes Open Space Dimension or Size

Private 10 ft. for space on the ground floor, no dimensional requirement elsewhere.

Public Ground-Floor Plaza 10 ft.

Rooft.op 15 ft. Areas occupied by vents or other structures which do not enhance usability of the space shall not be counted toward this dimension.

Courtyard 15 ft.

Off-Site Open Space 10 ft.

Community Room 250 square feet

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.

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.

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.

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.

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.

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.

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), 11- 16-2021; 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.

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.

Bicycle Parking. Bicycle parking shall be provided as prescribed in the bicycle parking regulations in Chapter 17.117.

Home Occupations. Home occupations shall be subject to the applicable provisions of the home occupation regulations in Chapter 17.112.

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

General Provisions. The general exceptions and other regulations set forth in Chapter 17.102 shall apply in the D-LM Zones.

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.

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:

Implement the Coliseum Area Specific Plan (CASP) in the Coliseum Plan Area,

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;

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;

Establish development standards that allow a broad mix of uses to compatibly co-exist;

Provide convenient access to public open space and the waterfront;

Improve access to the Coliseum Plan area's creeks, channels, and bay frontage, and provide recreational opportunities along these waterways;

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

Encourage development that is respectful of the environmental qualities that the Coliseum Plan area has to offer.

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

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.

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.

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.

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.

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.

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.

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.

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

Zones Additional

Activities Regulations D-CO-1 D-CO-2 D-CO-3 D-CO-4 D-CO-5 D-CO-6

Residential Activities

Permanent P P — C(L4) — —

Residential Care P(L1) P(L1) — C(L1)(L4) — — 17.103.010

Supportive Housing P P — C(L4) — —

Transitional Housing P P — C(L4) — —

Emergency Shelter P(L1) P(L1) — P(L1)(L4) — — 17.103.010

Semi-Transient P P — C(L4) — — 17.103.010

Bed and Breakfast — — — — — — 17.10.125

Civic Activities

Essential Service P P P P P P

Limited Child-Care Activities P P — C(L6) — —

Community Assembly C C C C C C

Recreational Assembly P P P P C C

Community Education P P C C — C

Nonassembly Cultural P P P P C C

Administrative P P P P C C

Health Care C C C C — —

Special Health Care — — — — — —

Utility and Vehicular C C C C C C

Extensive Impact C C C(L5) C C C

Commercial Activities

General Food Sales P P P P(L2) P(L2) P(L2)

Full-service restaurants P P P P(L2) P(L2) P(L2)

Limited Service Restaurant and P P P P(L2) P(L2) P(L2) Cafe

17.103.030 Fast-Food Restaurant C C C — — —¶

and 8.09

Convenience Market C C C C — C 17.103.030

17.103.030 Alcoholic Beverage Sales C C C C — — and¶

17.114.030

Mechanical or Electronic Games C P C(L6) — — —

Medical Service P P C C C C

General Retail Sales P P P P P(L10) P

Large-Scale Combined Retail and Grocery Sales

17.102.170 Consumer Service P(L8) P(L8) P(L8) P(L8) C C and¶

17.102.450

Consultative and Financial P P P P — — Service

Check Cashier and Check — — — — — — 17.103.040 Cashing

Consumer Cleaning and Repair P P P P — — Service

Consumer Dry Cleaning Plant C C C C — —

Group Assembly P(L14) P(L14) C(L14) C(L14) C(L14) C(L14)

Personal Instruction and P P P C C C Improvement Services

Administrative P P P P P P

Business, Communication, and P P P P P P Media Services

Broadcasting and Recording P P P P P P Services

Research Service P P P P P P

General Wholesale Sales P(L2) P(L2) P(L3) P(L2) P P(L2)

Transient Habitation C C C C — C 17.103.050

Building Material Sales — — — — C —

Automobile and Other Light C C P — — C Vehicle Sales and Rental

Automobile and Other Light — — C(L11) — — — Vehicle Gas Station and

Servicing

Automobile and Other Light — — C(L11) — — — Vehicle Repair and Cleaning

Taxi and Light Fleet-Based — — — — — — Services

Automotive Fee Parking C C C(L11)(L15) C C C

Animal Boarding — — C(L11)(L13) — — —

Animal Care C C C — — —

Undertaking Service — — — — — —

Industrial Activities

Custom Manufacturing P P P P P P 17.120

Light Manufacturing C P P P(L3) P P 17.120

General Manufacturing — — — C(L11)(L13) — 17.103.065

Heavy/High Impact — — — — — —

Research and Development P P P P P P

Construction Operations — — — — C(L7) — 17.103.065

Warehousing, Storage, and Distribution-Related:

A. General Warehousing, — P(L3)(L9) P(L9) P(L3)(L9) P(L9) P(L9) 17.103.065 Storage and Distribution

B. General Outdoor Storage — — — — C(L11)(L13) C(L13)

C. Self- or Mini-Storage — — — — — —

D. Container Storage — — — — — —

E. Salvage/Junk Yards — — — — — —

Regional Freight Transportation-Related:

A. Seaport — — — — — —

B. Rail Yard — — — — — —

Trucking and Truck-Related:

A. Freight/Truck Terminal — — — — C(L7) — 17.103.065

B. Truck Yard — — — — C(L7) — 17.103.065

C. Truck Weigh Stations — — — — C(L7) — 17.103.065

D. Truck & Other Heavy Vehicle — — — — C(L7) — 17.103.065 Sales, Rental & Leasing

E. Truck & Other Heavy Vehicle — — — — C(L7) — 17.103.065 Service, Repair, and Refueling

Recycling and Waste-Related:

A. Satellite Recycling Collection — — — — — — Centers

B. Primary Recycling Collection — — — — — — 17.73.035 Centers

Hazardous Materials Production, Storage, and Waste Management-Related:

A. Small Scale Transfer and — — — — — — Storage

B. Industrial Transfer/Storage — — — — — —

C. Residuals Repositories — — — — — —

D. Oil and Gas Storage — — — — — —

Agriculture and Extractive Activities

Limited Agriculture P(L16) P(L16) P(L16) P(L16) P(L16) P(L16)

Extensive Agriculture C(L17) C(L17) C(L17) C(L17) C(L17) C(L17)

Plant Nursery — C C C C(L12) C(L12)

Mining and Quarrying — — — — — —

Accessory off-street parking C C C C C C 17.116.175 serving prohibited activities

Additional activities that are permitted or conditionally permitted in an adjacent zone, C C C C C C 17.102.110 on lots near the boundary thereof

Limitations on Table 17.101H.01:

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 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).

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 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).

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 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.

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:

(Ord. No. 13812, § 4(Exh. A), 7-30-2024; 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. 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

Zones Additional

Facilities Regulations D-CO-1 D-CO-2 D-CO-3 D-CO-4 D-CO-5 D-CO-6

Residential Facilities

One-Family Dwelling —(L4) —(L4) — — — — 17.103.080

Two- to Four-Family Dwelling P(L5) P(L5) — C(L5) — — 17.103.080

Multifamily Dwelling P(L5) P(L5) — C(L5) — — 17.103.080

Rooming House — — — — — —

17.103.080 Vehicular —P —P — —C — —¶

17.103.085

Nonresidential Facilities

Enclosed Nonresidential P P P P P P

Open Nonresidential C(L1) P P C(L1) P P

Sidewalk Cafe P P P P C C 17.103.090

Drive-In — C C — — —

Drive-Through — C(L2) C(L2) — — — 17.103.100

Telecommunications Facilities

Micro Telecommunications P(L3) P(L3) P(L3) P(L3) P(L3) P(L3) 17.128

Mini Telecommunications P(L3) P(L3) P(L3) P(L3) P(L3) P(L3) 17.128

Macro Telecommunications C C C C C C 17.128

Monopole Telecommunications C C C C C C 17.128

Tower Telecommunications — — — — — — 17.128

Sign Facilities

Residential Signs P P — P — — 17.104

Special Signs P P P P P P 17.104

Development Signs P P P P P P 17.104

Realty Signs P P P P P P 17.104

Civic Signs P P P P P P 17.104

Business Signs P P P P P P 17.104

Advertising Signs — —(L6) — — — — 17.104

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

Zones Additional

Development Standards Regulations D-CO-1 D-CO-2 D-CO-3 D-CO-4 D-CO-5 D-CO-6

Minimum Lot Dimensions

Lot Width mean 25 ft. 25 ft. 25 ft. 25 ft. 25 ft. 25 ft. 1

Frontage 25 ft. 25 ft. 25 ft. 25 ft. 25 ft. 25 ft. 1

Lot area 4,000 sf. 5,000 sf. 5,000 sf. 5,000 sf. 10,000 sf. 10,000 sf. 1

Minimum/Maximum Setbacks

Minimum front 0 ft. 0 ft. 10 ft. 0 ft. 10 ft. 10 ft. 2, 10

Minimum interior side 0 ft. 0 ft. 0 ft. 0 ft. 0 ft. 0 ft. 2, 10

Minimum street side of a corner 0 ft. 0 ft. 0 ft. 0 ft. 10 ft. 10 ft. 2, 10 lot

Rear (Residential Facilities) 10 ft. 10 ft. N/A 10 ft. N/A N/A 2, 3, 10

Rear (Nonresidential Facilities) 0 ft. 0 ft. 0 ft. 0 ft. 0 ft. 0 ft. 3, 10

Height Regulations

4, 5, 6 Exceptions to the maximum height in the D-CO Zones 100 ft./145 Maximum height 159 ft. 159 ft. 100 ft. 100 ft. 100 ft. may only be ft. allowed pursuant to the additional regulations in this Table

Fence heights & other See Chapter 17.108.140 for standards applicable to fences, dense hedges, regulations barriers, & free standing walls.

Maximum Residential Density (square feet of lot area required per dwelling unit)

Regular Dwelling Units 130 130 N/A 260 N/A N/A

Rooming Units 65 65 N/A 130 N/A N/A

Efficiency Dwelling Units 65 65 N/A 130 N/A N/A

Maximum Nonresidential Intensity (Floor Area Ratio)

Maximum Nonresidential Floor 8.0 8.0 6.0 5.0 4.0 4.0 Area Ratio (FAR)

Minimum Usable Open Space

Usable Open Space per Regular 75 sf. 75 sf. N/A 75 sf. N/A N/A Dwelling Unit

Usable open space per 38 sf. 38 sf. N/A 38 sf. N/A N/A Rooming Unit

Usable open space per 38 sf. 38 sf. N/A 38 sf. N/A N/A Efficiency Dwelling Unit

Minimum Parking and Loading See Chapter 17.116 for automobile parking and loading regulations; and Chapter Requirements 17.117 for bicycle parking regulations

See Sec. See Sec. See Sec.

Courtyard Regulations N/A N/A N/A 17.108.120 17.108.120 17.108.120

Landscaping Regulations

See Chs. See Chs. See Chs.

Site landscaping (% of entire lot 17.110 and 17.110 and 5% 17.110 and 5% 5% 7, 8, 9 area) 17.124 17.124 17.124

See Chs. See Chs. See Chs. Parking lot landscaping (% of 17.110 and 17.110 and 10% 17.110 and 10% 10% 7, 8 parking lot area) 17.124 17.124 17.124

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

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.

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), 11- 16-2021; 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:

Intermodal Activities and Pedestrian Plaza. Developments should incorporate multiple forms of public transportation and a pedestrian plaza.

Professional Design. The application shall utilize the following professionals in the design process for the development:

An architect licensed by the state of California; and

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.

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.

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:

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;

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;

That the proposal is designed to provide a safe and pleasant pedestrian environment;

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:

That vehicular access cannot reasonably be provided from a different street or other way;

That every reasonable effort has been made to share means of vehicular access with abutting properties;

That the proposal is enclosed or screened from view of the abutting principal street by the measures required in Section 17.110.040B.

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.

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;

The Automotive Fee Parking is contained in a structured parking facility of at least three stories that replaces an existing at-grade parking facility;

The new parking structure represents no more than a seventy-five percent (75%) increase of existing parking at the site;

Automotive Fee Parking at the site is designed to promote a transit oriented district as defined by the General Plan;

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

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.

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 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:

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.

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.

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

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

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.

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.

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.

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 pedestrian- oriented 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.

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

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.

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.

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 dry- cleaners. Ground floor commercial uses and upper story office uses are encouraged in this zone.

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.

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.

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.

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.

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.

In addition, as applicable, development is subject to the following design review requirements:

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.

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.

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.

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.

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

Primary Zones Additional Activities D-OK-1 D-OK-2 D-OK-3 D-OK-4 D-OK-5 D-OK-6 D-OK-7 Regulations

Residential Activities

Permanent P P P — — — —

Residential Care P(L1) P(L1) P(L1) — — — — 17.103.010

Supportive Housing P P P — — — —

Transitional Housing P P P — — — —

Emergency Shelter — — — — C(L1) (L2) — — 17.103.010

Semi-Transient — — — — — — —

Bed and Breakfast — — — — — — —

Civic Activities

Essential Service P(L4)(L14) P(L4)(L14) P(L4)(L14) P(L4)(L14) P(L4)(L14) P(L4)(L14) P(L4)(L14)

Limited Child-Care P P P P P — — Activities

Community Assembly C C C C P P(L3) —

Recreational Assembly C C C P C P(L4) —

Community Education C C C C C — —

Nonassembly Cultural C C C P P — —

Administrative — — — P P — —

Health Care — — — C(L5) P(L6) — —

Special Health Care — — — — — — — 17.103.020

Utility and Vehicular C C C C — — —

Extensive Impact — — — — — — —

Commercial Activities

General Food Sales — — — P P(L7) — —

Full-service restaurants — — — P C — —

Limited Service — — — P P(L7) — — Restaurant and Cafe

Fast-Food Restaurant — — — — — — — 17.103.030 and 8.09

Convenience Market — — — C — — — 17.103.030

Alcoholic Beverage 17.103.030, and — — — C C — — Sales 17.114.030,

Mechanical or — — — — — — — Electronic Games

Medical Service — — — P(L7) — — —

General Retail Sales — — — P P(L7) — —

Large-Scale Combined Retail and Grocery — — — — — — — Sales

Consumer Service — — — P(L8) (L9) — — —

Consultative and — — — P — — — Financial Service

Check Cashier and — — — — — — — Check Cashing

Consumer Cleaning — — — P(L9) — — — and Repair Service

Consumer Dry — — — — — — — Cleaning Plant

Group Assembly — — — C P — —

Personal Instruction and Improvement — — — P P — — Services

Administrative — — — P(L10) P — —

Business, Communication, and — — — P(L11) — — — Media Services

Broadcasting and — — — — — — — Recording Services

Research Service — — — C(L11) — — —

General Wholesale — — — — — — — Sales

Transient Habitation — — — — — — — 17.103.050

Building Material Sales — — — — — — —

Automobile and Other Light Vehicle Sales and — — — — — — — Rental

Automobile and Other Light Vehicle Gas — — — — — — — Station and Servicing

Automobile and Other Light Vehicle Repair — — — — — — — and Cleaning

Taxi and Light Fleet- — — — — — — — Based Services

Automotive Fee — — — — — — — Parking

Animal Boarding — — — C — — —

Animal Care — — — P — — —

Undertaking Service — — — — — — —

Industrial Activities

Custom Manufacturing — — — P P(L12) — — 17.120

Light Manufacturing — — — — — — —

General Manufacturing — — — — — — —

Heavy/High Impact — — — — — — —

Research and — — — — — — — Development

Construction — — — — — — — Operations

Warehousing, Storage, and Distribution-Related

Warehousing, Storage, and Distribution- — — — — — — — Related (all categories)

Recycling and Waste-Related

Recycling and Waste- — — — — — — — Related (all categories)

Agriculture and Extractive Activities

P(L13) P(L13) P(L13) P(L13) P(L13)

Limited Agriculture — — (L14) (L14) (L14) (L14) (L14)

Extensive Agriculture — — — — — — —

Plant Nursery — — — — — — —

Mining and Quarrying — — — — — — —

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:

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

Zones Additional

Facilities D-OK-1 D-OK-2 D-OK-3 D-OK-4 D-OK-5 D-OK-6 D-OK-7 Regulations

Residential Facilities

One-Family Dwelling P(L5) P(L5) C(L5) — — — — 17.103.08

Two- to Four-Family — — P(L5) — — — — 17.103.08 Dwelling

Multifamily Dwelling — — P(L5) — — — —

Rooming House — — — — — — —

17.103.080 Vehicular —P —P —C — — — —¶

17.103.085

Nonresidential Facilities

Enclosed — — — P P C — Nonresidential

Open Nonresidential P P P C C P P

Sidewalk Cafe — — — P(L1) — — — 17.103.090

Drive-In — — — — — — —

Drive-Through — — — P(L2) — — — 17.103.100

Telecommunications Facilities

Micro Tele- C C C C C C C 17.128 communications

Mini Tele- C C C C C C C 17.128 communications

Macro Tele- C C C C C C C 17.128 communications

Monopole Tele- C C C C C C C 17.128 communications

Tower Tele- C C C C C C C 17.128 communications

Sign Facilities

Residential Signs P(L3) P(L3) P(L3) — — — —

Special Signs P(L3) P(L3) P(L3) P(L4) P(L3) P(L3) —

Development Signs P(L3) P(L3) P(L3) P(L4) P(L3) — —

Realty Signs P(L3) P(L3) P(L3) P(L4) P(L3) — —

Civic Signs P(L3) P(L3) P(L3) P(L4) P(L3) C(L3) —

Business Signs — — — P(L4) P(L3) — —

Advertising Signs — — — — — — —

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), 11- 16-2021; Ord. No. 13466, § 2(Exh. A), 11-28-2017)

17.101J.050 - Property development standards.

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

Zones Development Additional

Standards D-OK-1 D-OK-2 D-OK-3 D-OK-4 D-OK-5 D-OK-6 D-OK-7 Regulations

Minimum Lot Dimensions

Width mean 42 ft. 40 ft. 20 ft. 25 ft. 25 ft. 20 ft. N/A 1

Frontage 25 ft. 25 ft. 20 ft. 25 ft. 25 ft. 20 ft. N/A 2

Lot area 3,750 sf. 2,000 sf. 5,000 sf. 4,000 sf. 4,000 sf. 2,000 sf. N/A

Minimum/Maximum Setbacks

3, 4, 5, 6,

Minimum Front 15 ft./5 ft. 8 ft. 8 ft. 0 ft. 20 ft. 8 ft. N/A 10, 12

3 ft. per side or a

Minimum Interior Side 4 ft./5 ft. 4 ft. 0 ft./5 ft. 20 ft. 4 ft. N/A 7, 8, 10, 19 total of 5 ft.

Minimum Street Side 5 ft. 5 ft. 5 ft. 0 ft. 20 ft. 0 ft. N/A 10, 19

Rear 15 ft. 12 ft. N/A 0 ft./5 ft. 20 ft. 0 ft. N/A 9, 10, 19

Maximum Density

1 primary 1 unit per 1,600 sf. of
1 primary

Permitted Density unit per lot area on lots 5,000 0.50 FAR 0.50 FAR 0.15 FAR N/A 11 unit per lot lot sf. or greater

Maximum FAR for Lots with a Footprint 0.65 N/A N/A N/A N/A N/A N/A 11 Slope >20%

Maximum Lot 50% 55% 55% N/A N/A N/A N/A 11 Coverage (%)

Heights

Maximum wall height 30 ft. and 35 ft. and 35 ft. 30 ft. 42 ft. 15 ft. N/A 12 primary building 2 stories 3 stories

Maximum pitched roof 32 ft. and 35 ft. and 40 ft. 30 ft. 46 ft. 20 ft. N/A 12 height primary building 2 stories 3 stories

Maximum height for 15 ft. 15 ft. 15 ft. 15 ft. 15 ft. 15 ft. 15 ft. 12 accessory structures

Height Regulations for all Lots with a See Table Footprint Slope of N/A N/A N/A N/A N/A N/A 17.101J.04

20% or that are terraced or split

Minimum Open Space

Group Open Space N/A N/A 170 sf. per unit N/A N/A N/A N/A 13

See Section 17.108.1

Courtyard Regulations N/A N/A N/A N/A N/A N/A 20

Other Development Standards

Parking and driveway Yes Yes Yes Yes No No N/A 14 location requirements

Ground floor active N/A N/A N/A Yes N/A N/A N/A 15 space requirement

Minimum ground floor 40 to N/A N/A N/A N/A N/A N/A 16 façade glazing 70%

Minimum height of N/A N/A N/A 12 ft. N/A N/A N/A 17 ground floor facilities

Minimum Required Yes Yes Yes Yes No No N/A 18 Parking

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 one- half (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.

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.

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%). 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 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:

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.

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

Upslope Lot Height
Downslope Lot Height Regulations With a
Regulations With a
Footprint Slope of:
Footprint Slope of:

>20% and Additional

Regulation <40%, and Regulations all terraced >40% and >20%, terraced and >60% and split <60% split regardless of slope

Maximum Height for Detached Accessory 15 ft. 15 ft. 15 ft. 15 ft. 1 Structures

Maximum Wall Height Primary Building 32 ft. 34 ft. 36 ft. 32 ft. 1, 2

Maximum Wall Height Primary Building 36 ft. 38 ft. 40 ft. 35 ft. 1 with a CUP

Maximum Pitched Roof Height Primary 36 ft. 38 ft. 40 ft. 35 ft. 1, 2 Building

Maximum Height Above Edge of 18 ft. 18 ft. 18 ft. N/A 1 Pavement

Maximum Height Above the Ground N/A N/A N/A 24 ft. 1 Elevation at the Rear Setback Line

Maximum Height from Finished or Existing Grade (whichever is lower) Within 20' of N/A N/A N/A 24 ft. 1, 3 the Front Property Line

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:

Maximum width is twenty-two (22) feet and maximum depth is twenty (20) feet; and

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

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).

The building height is measured from finished or existing grade, whichever is lower.

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

Zones

Facility Regulations

D-OK-1 D-OK-2

Garages

Maximum Garage Door Width 16 ft. 16 ft.

Maximum Garage Door Height 8 ft. 8 ft.

Minimum Garage Door Recess 6 in. 6 in.

Retaining Walls

Maximum Front Retaining Wall Height 30 in. 30 in. 1

Maximum Side and Rear Retaining Wall Height — —

Stoops

Minimum Landing Depth 5 ft. 5 ft.

Minimum Landing Width 6 ft. 6 ft.

Porches

Minimum covered area 30 sq. ft. 30 sq. ft.

Minimum elevation above grade 8 in. 8 in.

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 non- residential space. No additional residential subdivisions are permitted.

(Ord. No. 13466, § 2(Exh. A), 11-28-2017)

17.101J.070 - Conditional use permit criteria.

The procedures in Chapter 17.134 apply in the D-OK Zones except for the criterion required by Section 17.134.050.D.

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.

Home Occupations. Home occupations shall be subject to the applicable provisions of the home occupation regulations in Chapter 17.112.

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

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.

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

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.

Bicycle Parking. The bicycle parking requirements in Chapter 17.117 apply in the D-OK Zones.

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.

Performance Standards. The regulations set forth in Chapter 17.120 shall apply in the D-OK Zones.

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:

Developable Area. The developable area is the lot area excluding required setbacks.

Footprint Slope. Footprint slope means the grade across a lot from the front to back (or back to front) of the developable area.

Principal Drive. Principal Drive is a private driveway in a commercial area that connects to secondary drives.

Secondary Drive. Secondary Drive is a drive aisle located in a surface or structured parking lot.

Split Lot. A split lot is a lot that was sloped and has been graded to have two (2) different levels.

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

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