Oakland Municipal Code Art. III Use Requirements

A. The following activity classification are added for the purposes of this Chapter only. The descriptions of the other activity classifications listed in Table 17.101K.01 are contained in Chapter 17.10.

1. Boat and Marine-Related Sales, Rental, Repair and Servicing Commercial Activities. Boat and Marine-Related Sales, Rental, Repair and Servicing Commercial Activities include the sale, rental, leasing and incidental cleaning, servicing, and repair of boats and other vehicles and facilities associated with water- and marine-based travel and movement. This classification also includes activities associated with docks and marinas where boats and ships are anchored, moored, rented, sold or serviced. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

B. Permitted and Conditionally Permitted Activities. Table 17.101K.01 lists the permitted, conditionally permitted, and prohibited activities in the D-DT Zones. The descriptions of these activities are contained in Chapter 17.10 and in Subsection A, above.

"P" designates permitted activities in the corresponding zone.

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

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

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

Table 17.101K.01: Permitted and Conditionally Permitted Activities

Limitations on Table 17.101K.01:

* The Employment Priority Combining Zone activity regulations supersede the regulations of the base zone.

L1. See Table 17.101K.02 for limitations on the construction of new ground-floor Residential Facilities and new Residential Facilities.

L2. See Table 17.101K.02 for requirements and limitations regarding the construction of Residential Facilities, principal buildings, D-DT-Work/Live Nonresidential Facilities, additions, and accessory structures in the D-DT-CPW Zone.

L3. Notwithstanding anything to the contrary contained in the Planning Code, Emergency Shelter Residential Activities are permitted by-right on properties owned by churches, temples, synagogues, and other similar places of worship approved for Community Assembly Civic Activities; permitted upon the granting of a Conditional Use Permit elsewhere in the zone.

L4. These activities are only permitted in existing Residential Facilities. For the purposes of this limitation, a facility is considered existing if it received its certificate of occupancy or passed its final building inspection on its building permit prior the effective date of this Chapter.

L5. With the exception of parcels facing Broadway, San Pablo Avenue, Telegraph Avenue, and 14th Street, the total floor area devoted to these activities on the ground floor by any single establishment may only exceed twelve thousand (12,000) 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 Community Assembly on the ground floor may only exceed five thousand (5,000) square feet upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure).

L6. With the exception of seasonal sales and special events, a Group Assembly Commercial Activity in conjunction with an Open Nonresidential Facility is only permitted upon the granting of Conditional Use Permit (see Chapter 17.134 for the CUP procedure).

L7. These activities are only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure). In addition to the criteria contained in Section 17.134.050, when these activities are located both on the ground floor of a building and within thirty (30) feet of the principal street facade (with the exception of incidental pedestrian entrances that lead to one (1) of these activities elsewhere in the building), these conditionally permitted ground floor proposals must also meet both of the following criteria:

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

b. The proposal will not weaken the concentration and continuity of ground-floor commercial and will not impair the retention or creation of an important shopping frontage.

L8. These activities shall only be located on or below the ground floor of a building with the following two (2) exceptions:

a. An activity is permitted anywhere above the ground floor if the floor area devoted to the activity is three thousand (3,000) square feet or less; and

b. An activity located on the ground floor may extend to the second floor of a building if both: 1) the activity on the second floor is the same as, or accessory to, the ground floor activity and part of the same business or establishment; and 2) there is a direct internal connection between the ground floor and the second story activities.

L9. No new or expanded Special Health Care Civic Activity shall be located closer than two-thousand 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. See Section 17.102.170 for special regulations relating to massage services and Section 17.102.450 for special regulations regarding laundromats.

L11. No new or expanded Check Cashier and Check Cashing Commercial Activity shall be located closer than one thousand (1,000) feet from any other such activity or five hundred (500) feet from any Community Education, Community Assembly, or Recreational Assembly Civic Activity; State or Federally chartered bank, savings association, credit union, or industrial loan company; or certain Alcoholic Beverage Sales Commercial Activities. See Section 17.103.040 for further regulations regarding Check Cashier and Check Cashing Commercial Activities.

L12. No new or expanded Adult Entertainment Activity shall be located closer than one thousand (1,000) feet to the boundary of any Residential Zone or three hundred (300) feet from any other Adult Entertainment Activity. See Section 17.102.160 for further regulations regarding Adult Entertainment Activities.

L13. These activities, including accessory activities, are only allowed to be performed indoors. This requirement includes but is not limited to: vehicles stored before and after servicing, general storage, vehicle and other repair, and automotive cleaning. This requirement excludes parking for customers currently at the business and automotive fueling. Gas stations as a principal activity are prohibited.

L14. Automotive fee parking is only permitted upon the granting of Conditional Use Permit (see Chapter 17.134 for the CUP procedure) and must be either a parking structure or in a below-grade parking lot. Automotive fee parking is otherwise prohibited.

L15. Limited Agriculture is permitted if it occupies less than ten thousand (10,000) square feet of land area and any sales area is less than one thousand (1,000) square feet. The activity is conditionally permitted if larger in either land or sales area (see Chapter 17.134 for the CUP procedure).

L16. With the exception of retail bank branches, these activities are not permitted when they are located both on the ground floor of a building and within thirty (30) feet of the principal street facade. Incidental pedestrian entrances that lead to one of these activities elsewhere in the building are exempted from this restriction.

L17. See Table 17.101K.04 for regulations regarding special ground floor transparency requirements for Health Care Civic and Special Health Care Civic Activities and Medical Services Commercial Activities.

L18. Daycare facilities, preschools, and elementary schools with more than fifty (50) enrollees require a pickup and drop-off management plan approved by the Bureau of Planning and/or the Department of Transportation that prevents double parking and assures the safe pickup and drop-off of students.

L19. These activities must be in a space shared by an art gallery, performance space, auto garage, Artisan Production Commercial Activity, or Light or Custom Manufacturing Industrial Activity. At least fifty (50) percent of floor area shall be solely devoted to one (1) or more of these three (3) activities.

L20. These activities are only permitted as accessory to Consumer Cleaning and Repair Service facilities.

L21. These activities shall only be located on the ground floor of a principal building if they are open to the public and provide services to customers on-site.

L22. With the exception of coworking spaces, these activities are not permitted on the ground floor of a building.

L23. Administrative activities accessory to an Industrial Activity are limited to twenty percent (20%) of floor area in the D-DT-JLI Zone.

L24. These activities are only permitted as accessory to an Animal Care Commercial Activity.

L25. These activities are only permitted if they have ground floor space dedicated to General Retail Sales, General Food Sales, Limited Service Restaurant and Café, or Full-Service Restaurant Commercial Activities within thirty (30) feet of the principal street facade.

L26. These activities are only permitted in existing buildings. For the purposes of this limitation, a facility is considered existing if it received its certificate of occupancy or passed its final building inspection on its building permit prior to the effective date of this Chapter.

L27. Residential Activities are only permitted in the Employment Priority Combining Zone if the project meets the nonresidential floor area requirements contained in Table 17.101K.02, note L4.

L28. During operating hours, ground floor Artisan Production Commercial Activities shall be open to the public to purchase and view items produced on site. On other floors, these activities shall either be open to the public during operating hours or available by appointment to view and purchase items produced on site.

L29. Any on-sale and/or off-sale of alcoholic beverages in conjunction with an approved arts, entertainment, or cultural use in these zones does not require a Conditional Use Permit (CUP), but instead shall obtain a Central District Entertainment Venue Permit as described in Oakland Municipal Code Chapter 5.12. Arts, entertainment, and cultural uses include, but are not limited to: bars, cabarets, night clubs, pool halls, bowling alleys, mini-golf, mechanical or electronic games, museums, art galleries, barber shop or salon, nail salon, performing arts centers, auditoriums, theaters, and other similar venues. Any alcoholic beverages sales in conjunction with an approved arts, entertainment, or cultural use must conform to all applicable regulations, including but not limited to, Oakland Municipal Code Chapter 5.12.

L30. The total floor area devoted to these activities shall not exceed twenty-five thousand (25,000) square feet unless it is within an existing nonresidential building. For the purposes of this limitation, a facility is considered existing if it received its certificate of occupancy or passed its final building inspection on its building permit prior the effective date of this Chapter.

L31. Notwithstanding anything to the contrary contained in the Planning Code, Satellite Recycling Collection Centers less than five hundred (500) square feet in area located in or associated with approved supermarkets and shopping centers that are established pursuant to requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986, to collect beverage containers made from materials such as aluminum, glass, plastic, and bimetal for recycling are permitted by right as an accessory activity (see Accessory Activities, Section 17.10.040.P).

L32. This activity is only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure) when located on a lot that is within six hundred (600) feet of a Residential Zone. If located within six hundred (600) feet of a Residential Zone boundary, any storage or use of hazardous materials or waste, as defined in O.M.C. Section 8.42.060, 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).

L33. Any proposed Group Assembly or Broadcasting and Recording Services activity that does not require a CUP but proposes to use amplified sound shall submit an Operational Noise Plan prepared by a qualified acoustical consultant for City review and approval that contains a set of site-specific noise attenuation measures to reduce operational noise to be consistent with Chapter 17.120 of the Planning Code.

(Ord. No. 13868, § 2(Exh. A), 12-16-2026; Ord. 13812, § 4(Exh. A), 7-30-2024)

A. The following facility classification is added for the purposes of this Chapter only. The descriptions of the other facility classifications listed in Table 17.101K.01 are contained in Chapter 17.10.

1. D-DT Work/Live Nonresidential Facilities. D-DT Work/Live Nonresidential Facilities include permanently fixed buildings, or those portions thereof, that accommodate or are intended to accommodate D-DT Work/Live Units as defined in Section 17.101K.070. This classification also includes certain facilities accessory to the above, as specified in Section 17.10.070.

B. Table 17.101K.02 lists the permitted, conditionally permitted, and prohibited facilities in the D-DT Zones. The descriptions of these facilities are contained in Chapter 17.10 and in Subsection A, above.

"P" designates permitted facilities in the corresponding zone.

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

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

"—" designates facilities that are prohibited.

Table 17.101K.02: Permitted, Conditionally Permitted, and Prohibited Facilities

Limitations on Table 17.101K.02:

* If a D-DT Primary Zone also has the Employment Priority Combining Zone, the Employment Priority regulations supersede the Primary Zone.

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

L2. See Section 17.103.080 for regulations regarding permitted Accessory Dwelling Units.

L3. Except as indicated in a. below, construction of new ground-floor Residential Facilities and D-DT Work/Live Nonresidential Facilities is not permitted within thirty (30) feet of the principal street facade:

a. Incidental pedestrian entrances that lead to one of these activities elsewhere in a building are exempted from this requirement. See Section 17.101K.080 for how to identify the principal street.

L4. These facilities may only be established if forty percent (40%) or more of the maximum base Floor Area Ratio (FAR) is developed with Enclosed Nonresidential Facilities.

L5. No Conditional Use Permit (CUP) is required to accommodate Civic Activities, Limited Agriculture, seasonal sales, or special events.

L6. See Section 17.101K.070 for special regulations for D-DT Work/Live Units.

L7. These facilities are only permitted on the ground floor.

L8. New Enclosed Nonresidential Facilities and D-DT Work-Live Nonresidential Facilities are only permitted above existing buildings and the addition must be stepped back at least fifteen (15) feet from any street fronting facade.

L9. With the exception of public utility facilities, no new buildings or additions to existing buildings (including accessory structures) shall be constructed unless they are either: 1) part of a project that includes the construction of a principal building that is at least one hundred (100) feet in height, or 2) on a site that contains an existing principal building that is at least one hundred (100) feet in height. This minimum height is measured to the floor of the top story.

L10. With the exception of seasonal sales and special events, an Open Nonresidential Facility accommodating a Group Assembly Commercial Activity is only permitted upon the granting of Conditional Use Permit (see Chapter 17.134 for the CUP procedure).

L11. Except as indicated in a. below, construction of new ground floor Residential Facilities is only permitted upon the granting of a Conditional Use Permit within thirty (30) feet of the principal street facade (see Chapter 17.134 for the CUP procedure):

1. Incidental pedestrian entrances that lead to one (1) of these activities elsewhere in a building are exempted from this requirement. See Section 17.101K.080 for how to identify the principal street.

(Ord. No. 13868, § 2(Exh. A), 12-16-2026; Ord. 13812, § 4(Exh. A), 7-30-2024)

A. Definition of a D-DT Work/Live Unit. D-DT Work/Live Units are units contained within D-DT Work/Live Nonresidential Facilities that are designed to contain working space with accessory living space, are used for living and working, and meet the requirements of this Section.

B. A D-DT Work/Live Nonresidential Facility must meet all applicable regulations contained in this Section. Section 17.102.190 relating to the conversion of buildings originally designed for Commercial or Industrial Activities into Joint Living and Working Quarters (JLWQs) does not apply to the D-DT Zones.

C. D-DT Work/Live Units are Nonresidential Facilities and counted towards the nonresidential Floor Area Ratio, not the residential density.

D. All D-DT Work/Live Units shall be designed under the Building Code to accommodate customers and employees. In the D-DT-AG and D-DT-PM Zones, D-DT Work/Live Units shall be designed under the Building Code to allow Manufacturing Activities.

E. At least two-thirds of each unit shall be designated for working activities. Working and living activities shall be designated according to the following requirements:

1. In unpartitioned kitchens or work areas that include kitchen fixtures and appliances, the following areas are considered living space: the counters, cabinets, eating space, sink and appliances in the area that will function as a kitchen and the floor area that is four (4) feet in front these items.

2. If there is only one bathroom, half the bathroom shall be counted as living space and half shall be counted as workspace. Otherwise, bathrooms are counted as living space if their access is through living space. For instance, a bathroom in a loft is considered living space if the loft is a sleeping area. If the bathroom is accessed directly from the workspace, the bathroom shall be counted as workspace. If accessed directly from both, half the bathroom is considered living space and the other half commercial.

3. Interior hallways and closets shall be counted as part of the space to which they are adjacent.

4. Living and working spaces shall be within the same Work/Live Unit and be directly connected.

5. To accommodate flexible work activities, working areas shall be open and with as few interior walls as possible. "Offices" enclosed by four walls are considered living space because they are indistinguishable from bedrooms and cannot be used flexibly for different working activities.

6. All ground-floor units adjacent to the front façade shall have a street entrance directly into the working area. For these units, the working area shall be adjacent to the street right-of-way.

F. Regular Design Review required. Establishment of a D-DT Work/Live Unit are only permitted upon determination that the proposal conforms to the Regular Design Review criteria set forth in the Design Review Procedure in Chapter 17.136 and to each of the following additional criteria:

1. Units on the ground-floor level of a building have a business presence on the street, including signage. For units in Commercial Zones, this includes a storefront-style façade as described in Section 17.101K.130(d). For units in Industrial Zones, this includes extra wide entrances and, if feasible, roll-up doors. For units in Residential Zones, this includes a business door that is oriented towards the street.

2. The layout of nonresidential floor areas within a Work/Live Unit provides a functional open area for working activities.

3. The floor and site plan for the project includes an adequate provision for the delivery of items required for a variety of businesses, including artist's work. This may include, but is not necessarily limited to, the following:

a. Service elevators designed to carry and move oversized items;

b. Extra-large slop sinks;

c. Doors, corridors, and stairwells wide and/or straight enough to deliver large items; and

d. Loading areas located near stairs and/or elevators.

G. Activity, auto parking, bicycle parking, loading, open space, and unit size standards. Table 17.101K.03 below prescribes special regulations for D-DT Work/Live Units in applicable D-DT zones.

Table 17.101K.03 Special Regulations for D-DT Work/Live Units

Notes:

1. See Chapter 17.117 for bicycle parking standards.

2. Loading requirements apply to new construction only. For conversion of existing buildings, maintaining existing loading to at least these minimum number of berths is required. Also, see Chapter 17.116 for loading standards.