Oakland Municipal Code Art. V D-DT Combining Zones

A. The regulations of this section only apply to areas designated to be within the Black Arts Movement and Business District Arts and Culture Combining Zone (D-DT-BA Combining Zone) on the Zoning Map. The intent of the Zone is described in Section 17.101K.010.

B. Definition of BAMBD Arts and Culture Activities.

1. BAMBD Arts and Culture Activities. BAMBD Arts and Culture Activities produce, display, sell, foster, support or disseminate artistic and cultural expression representative of the multi-ethnic character of the BAMBD. These types of activities also include operations that increase cultural awareness, serve and strengthen ethnic communities harmed by racial disparities, and educate Oakland residents about art and cultural practices and histories. All BAMBD Arts and Culture Activities are categorized in one of the following two subclassifications:

a. BAMBD Administrative Arts and Culture Activities. These types of activities support the intent of this combining zone through general administrative functions. These include, but are not limited to, administrative support for art- and culture-related non-profit educational organizations, institutions, and businesses. These activities also include organizations that have a mission to strengthen, serve, and educate underrepresented communities, particularly communities represented by the BAMBD and/or harmed by racial disparities.

b. BAMBD Active Arts and Culture Activities. These types of activities provide pedestrian-oriented, accessible, active and/or high visibility functions. These uses include, but are not limited to, the following:

i. Public and private performance spaces, including dance, theater and spoken-word venues;

ii. Schools focusing on arts and/or cultural education;

iii. Artisan Production Commercial Activities, as described in Section 17.58.040;

iv. Art studios;

v. Libraries;

vi. Museums and galleries; and

vii. Retail stores, bookstores, consumer services such as barber shops and salons, cafes, restaurants and bars that display rotating visual art, host performances and/or are oriented toward the specific cultures or ethnicities identified in the intent of this Combining Zone.

C. Determination of a BAMBD Arts and Culture Activity. The determination of whether a proposal is a BAMBD Arts and Culture Activity shall be made by the Planning Director, or his or her designee. Such determination shall be subject to the right of appeal pursuant to the administrative appeal procedure in Chapter 17.132.

D. Ground floor non-BAMBD Arts and Culture Activities that are permitted or conditionally permitted in the primary zone are only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP process). Any approval shall meet the findings contained in Section 17.134.050 and the following additional findings:

a. The proposal will enhance the character of the D-DT-BA Combining Zone;

b. For projects within both the D-DT-P Zone and D-DT-BA Combining Zone, the proposal will bring customers to the area and will not weaken the concentration and continuity of BAMBD Active Arts and Culture Activities at ground level;

c. For proposals within the D-DT-BA Combining Zone but outside the D-DT-P Zone, the proposal will not weaken the concentration and continuity of BAMBD Arts and Culture Activities at the ground level.

(Ord. 13812, § 4(Exh. A), 7-30-2024)

A. The regulations of this section apply to areas designated to be within the Green Loop Combining Zone (D-DT- GL Combining Zone) on the Zoning Map. The intent of the Zone is described in Section 17.101K.010.

B. Green Loop Frontage Regulations. The following regulations are required for developments that include the construction of a new principal building:

1. Buildings that include ground-floor commercial storefronts shall be designed to accommodate at least one (1) form of outdoor seating and/or tables for patrons. Examples include parts of a building frontage setback for full-service tables, built-in benches, and plazas.

2. Building entrances and/or storefronts shall include awnings or canopies at the ground floor to provide weather protection and sense of enclosure for pedestrians.

3. A six (6) foot space shall be provided between any ground floor residential façade and the sidewalk for the placement of landscaping.

4. Ground floors shall be illuminated by building-mounted hooded decorative lights.

5. New development of a principal building that is three (3) stories or more shall incorporate at least one (1) of the following ground-floor facade treatment(s):

a. Vining plant supports which contain vertical or hanging gardens; or

b. Landscaped trellises or other structural additions.

C. Green Loop Landscape Standards. Development that includes the new construction of a principal building shall be landscaped according to the following standards:

1. At least seventy-five percent (75%) of any ground floor open area between the principal building and the sidewalk shall be improved with features such as decorative paving, stepped planter formations, decorative planting containers, and in-ground landscaping.

2. At least fifteen percent (15%) of any courtyard usable open space between the principal building and the sidewalk shall include planting, as described in Section 17.101K.150.

3. Landscaping shall be composed of a combination of trees, plants, vines, and shrubbery that is suited to the Oakland climate.

4. Fencing or other screening feature shall not create a significant visual barrier between the public right-of-way and any publicly accessible ground floor open space area.

(Ord. 13812, § 4(Exh. A), 7-30-2024)

A. The regulations of this section apply to areas designated to be within the Sea Level Rise Combining Zone (D- DT-SLR Combining Zone) on the Zoning Map. The intent of the Zone is described in Section 17.101K.010.

B. Developments that include the construction of any new principal building within the Sea Level Rise Combining Zone shall be required to submit a Sea Level Rise Adaptation Plan (SLRAP) for: 1) the review and approval of the Director of Planning or their designee, and 2) implementation by the applicant.

C. The SLRAP shall be written by a licensed civil engineer or architect approved and managed by the Director of Planning or their designee.

D. The SLRAP shall describe required site-specific measures to adapt to changes in rising sea level and related groundwater intrusion through 2050, including methods to protect human life and health; protect property; minimize the need for rescue and relief efforts associated with flooding; minimize prolonged evacuations and business interruptions due to flooding; and minimize damage to surrounding public utilities and infrastructure. All structures and infrastructure elements must be designed to be resilient to flood impacts.

E. The SLRAP shall consider site-predicted base flood elevations, inundation levels, storm surge, and groundwater table changes, and any other relevant items.

Where physically feasible, the minimum height of the finished floor of the bottom story of new buildings shall be at least twenty-four (24) inches higher than the future potential inundation level. Only nonhabitable spaces, including but not limited to parking and storage are permitted below this finished floor; and this under-floor area shall include openings that easily allow water to flow into and out of the space. Other resiliency measures may include anchoring the building, siting the building in areas least vulnerable to flooding, and locating utilities outside predicted inundation areas.

(Ord. 13812, § 4(Exh. A), 7-30-2024)