Oakland Municipal Code Part 2 Civic Activity Types

Civic Activities include the performance of utility, educational, recreational, cultural, medical, protective, governmental, and other activities which are strongly vested with public or social importance. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Prior planning code § 2300)

Essential Service Civic Activities include the maintenance and operation of the following installations:

A. Electric, gas, and telephone distribution lines and poles, and water, storm drainage, and sewer lines, with incidental appurtenances thereto, but excluding electric transmission lines;

B. Community gardens. For the purpose of this classification, Community Gardens are defined as land that is used individually or collectively for the cultivation of fruits, vegetables, plants, flowers, herbs, and/or ornamental plants for personal consumption and/or donation. Typically in community gardens, the land is divided into individual plots, and each individual participant is responsible for their own plot and the yielding or the production of which belongs to the individual, but can also include land that is not divided and the participant group cultivates the subject land together. This classification does not include any cannabis activities; 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; the use of heavy mechanized farming equipment; or commercial sales on or off the premises, except for limited seasonal sales;

C. Botanical gardens;

D. Private streets;

E. Public polling places;

F. Freeways, rapid transit routes, streets, alleys, and paths, but excluding activities on, under, or over such ways which activities are not customarily appurtenant thereto;

G. Activities that do not involve the construction of a permanent fixed foundation building (only temporary structures are allowed) conducted for a limited duration under valid license or lease on property owned or leased by the City;

H. Police and Fire stations;

I. Post offices, but excluding major mail processing centers;

J. Telecommunications activities including the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received;

K. Electrical Vehicle Charging Stations and similar infrastructure serving automobiles and other light vehicles that have a gross vehicle weight rating of less than fourteen thousand (14,000) pounds;

L. All activities not classified elsewhere in the use regulations that are conducted on City and regional parklands and which are specifically referenced in master plans which are adopted by the Oakland City Council.

This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13868, § 2(Exh. A), 12-16-2026; Ord. No. 13805, § 2(Exh. A), 7-16-2024; Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13270, § 3(Exh. A), 11-18-2014; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12078 § 5 (part), 1998; prior planning code § 2310)

Limited Child-Care Civic Activities include the provision of day-care service for fourteen (14) or fewer children, provided, however, that care for six (6) or more children be provided only in facilities licensed by a state or county agency. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

Note: Family Day Care Homes, as specified in Section 17.10.110, are permitted by right in all residential zoning districts.

(Ord. No. 13779, § 2(Exh. A), 1-16-2024; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Prior planning code § 2311)

Community Assembly Civic Activities include the provision of civic activities to assembled groups of spectators or participants at the following institutions or installations. Examples of activities in this classification include but are not limited to the following:

• Churches, temples, synagogues, and other similar places of worship;

• Public and private nonprofit clubs, lodges, meeting halls, and recreation centers;

• Community, cultural, and performing arts center;

• Public and nonprofit gymnasiums and indoor swimming pools.

This classification also includes certain activities accessory to the above, as specified in Section 17.10.040. 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.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

Recreational Assembly Civic Activities include the provision of recreational activities, typically performed by participants within public facilities. Examples of activities in this classification include but are not limited to the following:

• Food service and other concessions located within public parks;

• Public and parochial playgrounds and playing fields;

• Temporary nonprofit festivals;

• Basketball courts, tennis courts, handball courts, lawn bowling, leisure areas, and similar outdoor park and recreational facilities;

• Community outdoor swimming and wading pools, and other water play features;

• Picnic areas.

This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(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. 12939, § 4(Exh. A), 6-16-2009)

Editor's note— Ord. No. 12939, § 4(Exh. A), adopted June 16, 2009, amended Section 17.10.170 in its entirety to read as herein set out. Formerly, Section 17.10.170 pertained to community assembly civic activities, and derived from the prior planning code § 2314, and Ord. No. 12078, § 5, adopted 1998.

Community Education Civic Activities include the activities typically performed by the following institutions:

A. Public and private day-care centers for fifteen (15) or more children;

B. Public and private nursery schools and kindergartens;

C. Public and private elementary, junior high, and high schools;

D. Support services provided for independent living skills development including self-improvement education, employment and job training for both on-site and off-site residents in conjunction with Residential Activities.

This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12138 § 4 (part), 1999: prior planning code § 2316)

Nonassembly Cultural Civic Activities include the maintenance and operation of institutions or installations that are primarily engaged in the display or preservation of objects of interest in the arts or sciences, for public, or private non-profit purposes. Examples of activities in this classification include but are not limited to the following:

• Publicly owned and nonprofit art galleries;

• Plant conservatories;

• Libraries;

• Museums;

• Observatories.

This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13812, § 4(Exh. A), 7-30-2024; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12078 § 5 (part), 1998; prior planning code § 2317)

Administrative Civic Activities include the activities typically performed by government and public utility administrative offices. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Prior planning code § 2318)

Health Care Civic Activities include all activities which primarily provide medical care and supervision other than those defined elsewhere in the Zoning Regulations. Examples of activities in this classification include, but are not limited to, the following:

A. Health clinics;

B. Hospitals;

C. Skilled nursing, extended care, and assisted living facilities, all of which provide medical care on site;

D. Nonresidential centers providing psychological or family counseling and mental hygiene services to individuals or groups;

E. Support services which include regular individualized case management for both on-site and offsite residents in conjunction with Residential Activities;

F. Facilities which provide inpatient and/or outpatient medical and/or psychological treatment for mental illness, substance and alcohol abuse and addiction;

G. State licensed "Adult Day Care Facilities" and "Adult Day Support Centers".

This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12138 § 4 (part), 1999: prior planning code § 2320)

Special Health Care Civic Activities include all activities defined by Health Care Civic Activities in Subsection 17.10.220 F. (Health Care Civic Activities: Facilities which provide inpatient and/or outpatient medical and/or psychological treatment for mental illness, substance and alcohol abuse and addiction) when such services are provided primarily to persons who currently use hypodermic needles to illegally inject controlled substances and where such services may include needle exchange, drug treatment, drug counseling or such other health services frequently required by persons currently using hypodermic needles to illegally inject controlled substances. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12450, § 3, 2002)

Utility and Vehicular Civic Activities include the maintenance and operation of the following installations:

A. Communications equipment installations and exchanges, but excluding Telecommunications Activities specified in Section 17.10.140 Essential Civic Service Activities;

B. Electrical substations;

C. Gas substations;

D. Neighborhood newscarrier distribution centers;

E. Publicly operated off-street parking lots and garages available to the general public either without charge or on a fee basis.

This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Prior planning code § 2321)

Extensive Impact Civic Activities include the activities typically performed by, or the maintenance and operation of, the following institutions and installations:

A. Airports, heliports, and helistops;

B. Cemeteries, mausoleums, columbariums, and crematories;

C. Colleges, junior colleges, and universities, but excluding business schools or other similar types of trade schools operated as profit-making enterprises;

D. Detention and correction institutions;

E. Docks and wharves operated by a public agency;

F. Electric transmission lines;

G. Garbage dumps and transfer stations;

H. Curbside recycling collection centers;

I. Golf courses and driving ranges;

J. Major mail-processing centers;

K. Military installations;

L. Public and public utility corporation or truck yards;

M. Radio and television transmission stations;

N. Railroad and bus terminals;

O. Railroad rights-of-way and yards and bus storage areas;

P. Reservoirs and water tanks;

Q. Sewage disposal tanks;

R. Stadiums, sports arenas, auditoriums, and bandstands;

S. Truck terminals operated by a public agency;

T. Zoological gardens and wildlife preserves;

U. Campgrounds;

V. Stormwater detention ponds and facilities;

W. Facilities supervised by or under contract with the State Department of Corrections, including alternative sentencing and community work release programs.

This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13518, § 4(Exh. A), 2-5-2019; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13256, § 4(Exh. A), 9-23-2014; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12138 § 4 (part), 1999; Ord. 12078 § 5 (part), 1998; prior planning code § 2322)

Editor's note— Ord. No. 12939, § 4(Exh. A), adopted June 16, 2009, repealed the former Section 17.10.250 in its entirety, which pertained to telecommunication activities, and derived from the prior planning code § 2323, and Ord. No. 11904, § 5.05, adopted 1996.