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

2.5 N/A N/A 4.5 N/A 6.0 N/A 8.0 5, 6

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

FAR

Maximum Nonresidential FAR 2.5 2.5 3.5 4.5 4.5/6.0 6.0 6.0/8.0 10.0 3, 6 (excluding Micro Living Quarters)

Minimum Usable Open Space

Area: on each lot containing 75 sf. N/A 75 sf. 75 sf. 75 sf. 75 sf. 75 sf. 75 sf. 7, 8, 9 Residential Facilities of two (2) or more units, usable open space shall be provided for such

facilities at a rate stated per Regular Dwelling Unit

Area: on each lot containing Residential Facilities of two (2) or more units, usable open space 38 sf. N/A 38 sf. 38 sf. 38 sf. 38 sf. 38 sf. 38 sf. 7, 8, 9 shall be provided for such facilities at a rate stated per Rooming Unit

Area: on each lot containing senior of affordable housing units, usable open space shall 30 sf. N/A 30 sf. 30 sf. 30 sf. 30 sf. 30 sf. 30 sf. 7, 8, 9 be provided for such facilities at a rate stated per Regular Dwelling Unit or Rooming Unit

Area: Conversion of Historic Resource building from commercial to residential, usable open space shall be provided for 0 sf. N/A 0 sf. 0 sf. 0 sf. 0 sf. 0 sf. 0 sf. 9, 9 such facilities at a rate stated per Regular Dwelling Unit or Rooming Unit

Size and shape of open space: 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 below:

Private Open Space: is 10 ft. for space on the ground floor and 4 ft. on other floors 7, 8, 9 accessible from a single unit

Roof top: a type of group open space, includes decks, swimming pools, spas and 15 ft. 7, 8, 9 landscaping located on the rooftop and accessible to all tenants

Courtyard: a type of group open space that can be located 15 ft. 7, 8, 9 anywhere within the subject property

Private Group Community Room: a type of interior group 10 ft. (1/3 of the required usable open space can be used for this type) 7, 8, 9 space that could include a movie room, kitchen, and/or gym

Public Ground-Floor Plaza: a type of group open space (see Section 17.127.030) located at street level and adjacent to the building frontage. Plazas are publicly accessible during daylight hours and are 10 ft. 7, 8, 9 maintained by the property owner. Plazas shall be landscaped and include pedestrian and other amenities, such as benches, fountains and special paving

See Tables 17.101C.05 and 17.101C.06 for minimum retail square footage required and for potentially greater heights, stories, FAR, and residential bonus for mixed use, residential developments, or taller Non-residential Facilities in the Height Area 45* when part of a large project that involves major retail development.

Additional Regulations for Table 17.101C.04:

1. Buildings shall have a thirty (30) foot maximum height at the setback line associated with any rear or interior side lot line that abut a lot in an RH, RD, or RM 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 17.101C.04 [Additional Regulation 1], 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 17.101C.04 [Additional Regulation 1]

for illustration purposes only

2. See Tables 17.101C.05 and 17.101C.06 for minimum retail square footage required and for potentially greater heights, stories, FAR, and residential bonus for mixed use, residential developments, or taller Nonresidential Facilities in the Height Area 45* when part of a large project that involves major retail development. There are five (5) Retail Priority Sites that comprise Height Area 45*. Priority Sites 3 and 5 are further divided into subareas a, b, and c, and Priority Site 4 is divided into subareas a and b. Each Priority Site and subarea has a specified minimum square footage of retail required prior to Residential Activities and Facilities being permitted, as well as taller Nonresidential Facilities.

3. The numbers to the right of the slash (/) are only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure).

4. The allowed projections into the height limits contained in Section 17.108.030 are not counted towards the height minimum.

5. See Chapter 17.107 for affordable and senior housing incentives. See Section 17.103.080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units. Also applicable are the provisions of Section 17.102.270 with respect to additional kitchens for a primary dwelling unit, and the provisions of Section 17.102.300 with respect to dwelling units with five (5) or more bedrooms.

6. For mixed use projects 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.

7. The following apply to open space standards. These requirements shall supersede those in Chapter 17.126:

a. Areas occupied by vents or other structures which do not enhance usability of the space shall not be counted toward the listed dimension.

b. 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.

c. 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 the minimum height required by the Oakland Building Code.

d. 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.

e. Landscaping requirements. At least ten percent (10%) of rooftop or courtyard usable open space area shall include landscaping enhancements. At least twenty percent (20%) of public ground-level plaza 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.

8. 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.

9. 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, as 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.

Retail Priority Sites Minimum Square Footage of Retail Area for Residential Facilities Bonus. Table 17.101C.05 below prescribes the minimum square footage of retail area required for each Retail Priority Site before a Residential or Transient Habitation Activity or Facility, or taller Nonresidential or Mixed Use Facility is allowed. The number designations in the "Additional Regulations" column refer to regulations below the table.

Table 17.101C.05 Retail Priority Sites Minimum Square Footage of Retail Area for Residential Facilities Bonus

Minimum Retail Area (SF) Required to Develop Residential Facilities Bonus Retail SF/ Retail SF/ Additional Regulation 50% of Retail 60% of Retail Regulations Residential Unit Residential Unit Priority Site Area Priority Site Area Bonus Bonus

Retail Priority Site 38,706 sf 125 Retail SF 46,447 sf 100 Retail SF 1, 2, 3, 4, 5, 6 1

Retail Priority Site 15,572 sf 125 Retail SF 18,686 sf 100 Retail SF 1, 2, 3, 4, 5, 6 2

Retail Priority Site 3

3 (a) 22,745 sf 125 Retail SF 27,293 sf 100 Retail SF 1, 2, 3, 4, 5, 6

3 (b) 22,388 sf 125 Retail SF 26,865 sf 100 Retail SF 1, 2, 3, 4, 5, 6

3 (c) 17,738 sf 125 Retail SF 21,285 sf 100 Retail SF 1, 2, 3, 4, 5, 6

3 (a) and (b) 45,133 sf 125 Retail SF 54,158 sf 100 Retail SF 1, 2, 3, 4, 5, 6

3 (b) and (c) 40,126 sf 125 Retail SF 48,150 sf 100 Retail SF 1, 2, 3, 4, 5, 6

Retail Priority Site 4

4 (a) 23,465 sf 125 Retail SF 28,157 sf 100 Retail SF 1, 2, 3, 4, 5, 6

4 (b) 54,567 sf 125 Retail SF 65,480 sf 100 Retail SF 1, 2, 3, 4, 5, 6

4 (a) and (b) 78,032 sf 125 Retail SF 93,637 sf 100 Retail SF 1, 2, 3, 4, 5, 6

Retail Priority Site 5

5 (a) 45,905 sf 125 Retail SF 55,086 sf 100 Retail SF 1, 2, 3, 4, 5, 6

5 (b) 26,769 sf 125 Retail SF 32,122 sf 100 Retail SF 1, 2, 3, 4, 5, 6

5 (c) 21,935 sf 125 Retail SF 26,322 sf 100 Retail SF 1, 2, 3, 4, 5, 6

5 (a) and (b) 72,674 sf 125 Retail SF 87,208 sf 100 Retail SF 1, 2, 3, 4, 5, 6

5 (b) and (c) 48,704 sf 125 Retail SF 58,444 sf 100 Retail SF 1, 2, 3, 4, 5, 6

5 (a), (b), and (c) 94,609 sf 125 Retail SF 113,530 sf 100 Retail SF 1, 2, 3, 4, 5, 6

Additional Regulations for Table 17.101C.05:

1. See additional regulations in Table 17.101C.06: Retail Priority Sites: Height, Floor Area Ratio (FAR), Residential Bonus, and Open Space.

2. The following are regulations for retail square footage minimums:

a. The following contribute to the retail square footage minimums:

i. Retail floor area (see Limitation L12 in Table 17.101C.01 for all of the complementary activities that count as retail floor area);

ii. Internal pedestrian stairs, corridors, and circulation;

iii. Ground-floor public plaza/open space located on-site or adjacent off-site.

b. Utilization of existing buildings towards new retail floor area can count toward the retail square footage. In the case of a CEQA Historic Resource:

i. New retail square footage in a CEQA Historic Resource can count double towards the retail square footage required to obtain a residential bonus; or

ii. If a CEQA Historic Resource is maintained and not used for retail, the area of its footprint can be deducted from the overall square footage of the Retail Priority Site in determining the square footage of retail required.

c. Square footage of the following do not count towards the retail square footage minimum:

i. Loading dock;

ii. Parking;

iii. Driveways, ramps, and circulation for cars and trucks.

3. If a project is phased, the minimum retail portion must be built first or concurrently with any residential portion. Any additional residential bonus units that are dependent on additional retail square footage may also only be built after the retail project or concurrently. If determined by the Director of City Planning, an applicant may be required to submit a financial guarantee, in a form and manner acceptable to the City, that the retail space will be built as part of the conditions of approval of the project.

4. An applicant that provides a retail project that equals at least sixty percent (60%) of the square footage of the Retail Priority Site may transfer the development rights of residential bonus units and height from one retail priority site to a different lot within the same retail priority site or to a lot within a different retail priority site upon the granting of a Conditional Use Permit (CUP). A CUP to transfer development rights of residential bonus units may be granted only upon determination that the proposal conforms to the general use permit criteria contained in Section 17.134.050 and to each of the following additional criteria:

a. The applicant has acquired development rights from the owner(s) of lots within a Retail Priority Site Zone, restricting the number of residential units which may be developed thereon so long as the facilities proposed by the applicant are in existence;

b. The owners of all such lots shall prepare and execute an agreement, approved as to form and legality by the City Attorney and filed with the Alameda County Recorder, incorporating such restriction;

c. The proposed location and site planning of any transferred residential bonus units will not make infeasible future construction of the minimum retail square footage required at that Retail Priority Site;

d. Residential bonus units can only be transferred to a lot that cannot meet the minimum retail square footage required in that Retail Priority Site to build residential;

e. The site receiving the transferred residential units must include retail area on the ground floor pursuant to the requirements of the D-BV-1 Broadway Retail Priority Sites Zone; and

f. Retail floor area that existed prior to the effective date of this Chapter (July 31, 2014) cannot count towards the retail square footage needed for transfer of development rights for residential bonus units to other Retail Priority Sites.

5. For a bonus of residential units, the State Density Bonus can be applied by providing affordable housing units (see California Government Code, Section 65915-65918, as implemented by Chapter 17.101 of the Oakland Planning Code) or an applicant can utilize the following residential bonus within a Retail Priority Zone. However, these bonuses cannot be combined. The affordable units can be built on site or on another site within any D-BV Zone. The residential bonus shall not be included when determining the number of target units that must be affordable to the relevant income group. If fifteen percent (15%) of the total Dwelling Units of a Residential Housing Development are affordable, an additional residential bonus of thirty-five percent (35%) will be granted when an applicant for a Residential Housing Development seeks, and agrees to construct, at least any one of the following categories (which are defined in Section 17.107.020 (K), the following definitions in Section 17.107.020 (A)(B)(J)(M) also apply, and all of the provisions of Sections 17.107.110 - 17.107.114 must be met):

a. Lower Income Households; or

b. Very Low Income Households; or

c. A common interest development as defined in Section 1351 of the California Civil Code, for persons and families of Moderate Income, provided that all units in the development are offered to the public for purchase.

6. In the Retail Priority Areas, an exception to the minimum retail square footage required to receive the bonus right to residential units may be granted only upon determination that the proposal conforms to the general use permit criteria contained in Section 17.134.050, to any applicable use permit criteria set forth in Table 17.101C.01 Note L2, and to each of the following additional criteria:

a. The applicant submits an architectural study, prepared by a qualified architectural firm, that demonstrates at least one or more alternatives would be physically infeasible due to operational and/or site constraints if it were to meet the minimum retail square footage specified;

b. Strict compliance with the minimum retail square footage would preclude an effective design solution improving livability, operational efficiency, or appearance; and

c. The project will remain consistent with the Broadway Valdez District Specific Plan goals and policies related to retail development as well as its Design Guidelines.

Retail Priority Sites: Height, Floor Area Ratio (FAR), Residential Bonus, and Open Space. Table 17.101C.06 below prescribes height, FAR, residential bonus, and open space, standards associated with the minimum retail area required in the Retail Priority Sites described in Table 17.101C.05 above. 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 retail percentage category.

Table 17.101C.06: Retail Priority Sites: Height, Floor Area Ratio (FAR), Residential Bonus, and Open Space

Percentage (%) of Retail Area Equals the Square Footage of Retail Required
from Table 17.101C.05 to Develop Residential Facilities or Taller
Nonresidential Facilities Regulation

50% of Retail Priority 60% of Retail Priority Additional
Site Site Regulations

Maximum Height

Building Base Max. Height 85 ft. 85 ft.

Maximum Height Total 200 ft. 200/250 ft. 1, 2

Maximum number of stories (not including 19 19/24 1, 2 underground construction)

Height Minimum N/A N/A

Maximum Residential Bonus (retail square feet required per dwelling unit)

Regular Units 125 100 2, 3, 4

Rooming Units 100 75 2, 3

Maximum Nonresidential FAR 8.0 8.0/10.0 1, 2

Minimum Usable Open Space

Area: on each lot containing Residential Facilities of two or more units, usable open space shall be 75 sf. 75 sf. 5, 6, 7 provided for such facilities at a rate stated per dwelling unit

Area: on each lot containing Residential Facilities of two or more units, usable open space shall be 38 sf. 38 sf. 5, 6, 7 provided for such facilities at a rate stated per rooming unit

Area: on each lot containing senior of affordable housing units, usable open space shall be 30 sf. 30 sf. 5, 6, 7 provided for such facilities at a rate stated per dwelling unit or rooming unit

Area: Conversion of Historic Resource building from commercial to residential, usable open 0 sf. 0 sf. 7 space shall be provided for such facilities at a rate stated per dwelling or rooming unit

Size and shape of open space: 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 below:

Private Open Space: is accessible from a single 10 ft. for space on the ground floor and 4 ft. on 5, 6, 7 unit other floors

Rooft.op: a type of group open space, includes decks, swimming pools, spas and landscaping 15 ft. 5, 6, 7 located on the rooftop and accessible to all tenants

Courtyard: a type of group open space that can 15 ft. 5, 6, 7 be located anywhere within the subject property

Private Group Community Room: a type of 10 ft. (1/3 of the required usable open space can interior group space that could include a movie 5, 6, 7 be used for this type) room, kitchen, and/or gym

Public Ground-Floor Plaza: a type of group open space (see Section 17.127.030) located at street level and adjacent to the building frontage. Plazas are publicly accessible during daylight hours and 10 ft. 5, 6, 7 are maintained by the property owner. Plazas shall be landscaped and include pedestrian and other amenities, such as benches, fountains and special paving

Additional Regulations for Table 17.101C.06:

1. An applicant that provides a retail project that equals at least sixty percent (60%) of the square footage of the Retail Priority Site shall also be granted: (a) a maximum height of two hundred (200) feet and an FAR of 8.0; or (b) a maximum height of two hundred fifty (250) feet and a FAR of 10.0 for no more than: (i) one building within 100 feet of 23 rd Street and/or within the vacant portion of the block bounded by 23 rd Street, Valdez Street, 24 th Street, and Waverly Street; and (ii) one building within the block bounded by 23 rd Street, Waverly Street, 24 th Street, and Harrison Street.

2. See additional regulations in Table 17.101C.05 numbers 2-6.

3. See Chapter 17.107 for affordable and senior housing incentives. See Section 17.103.080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units. Also applicable are the provisions of Section 17.102.270 with respect to additional kitchens for a primary dwelling unit, and the provisions of Section 17.102.300 with respect to dwelling units with five (5) or more bedrooms.

4. The overall number of residential units cannot exceed the General Plan density allowance of eighty- seven (87) square feet of lot area per principal unit.

5. The following apply to open space standards:

a. Areas occupied by vents or other structures which do not enhance usability of the space shall not be counted toward the listed dimension.

d. 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 except that ground-level space shall not be located in a required minimum front yard and except that above-ground-level space shall not be located within five (5) feet of an interior side lot line. 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.

e. Landscaping requirements. At least ten percent (10%) of rooftop or courtyard usable open space area shall include landscaping enhancements. At least twenty percent (20%) of public ground-level plaza 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.

6. 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. 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.

7. 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, as 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. 13840, § 2(Exh. A), 5-6-2025; Ord. No. 13779, § 2(Exh. A), 1-16-2024; 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. 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.055 - Micro Living Quarters.

Definition. For the purposes of the D-BV Zone Chapter only, the following definition is added as a facility type. Definitions for other facility types are contained in the Oakland Planning Code Chapter 17.10.

"Micro Living Quarters" mean one or more rooms located in a multiple-tenant building having an average net floor area of one hundred seventy-five (175) square feet, but a minimum size of one hundred fifty (150) square feet of net floor area, and occupied by a permanent residential activity. Bathroom facilities, which include toilet and sink, as well as shower and/or bathtub, are required to be located within each individual Micro Living Quarter. Cooking facilities are not allowed to be located within each individual Micro Living Quarter, and shared kitchen facilities are required within close proximity on the same building floor. The maximum number of Micro Living Quarters within a building shall not be regulated by residential density limits in the corresponding zone, but instead shall be established through the application of the Micro Living Quarters required average size (one hundred seventy-five (175) square feet); the Floor Area Ratio (FAR) limits specified in the corresponding zone; all other applicable development regulations establishing the buildable envelope in the corresponding zone including, but not limited to, maximum height and minimum setbacks; and the requirements of the Building and Fire Codes.

Requirements. The following are requirements for Micro Living Quarters.

The number of off-street parking spaces, bicycle parking, and amount of open space required for Micro Living Quarters shall be based on the requirements for a Rooming House Residential Facility type in the corresponding zone.

Micro Living Quarters shall only be allowed as part of an application for new construction of a multi-tenant building, or alteration of an existing Potentially Designated Historic Property (PDHP) or property listed in the City of Oakland's Local Register of Historical Resources as defined in Policy 3.8 of Oakland's General Plan Historic Preservation Element that is a Nonresidential Facility or Multifamily Dwelling Residential Facility.

Shared recreational area, with seating or other similar amenities, shall be required in the interior of the Micro Living Quarter building equaling a minimum of five (5) square feet per individual Micro Living Quarter or two hundred fifty (250) square feet whichever is greater. A shared kitchen may be open to a shared recreation area if it is adjacent to and directly accessible from such shared kitchen facilities. Kitchen counters, cabinets, sinks, and appliances, and the floor area that encompasses an assemblage of these items, shall not be included in the calculation of minimum required shared recreational area. Shared laundry facilities or other similar utilitarian spaces shall also not be included in the calculation of minimum required shared recreational area. The minimum width in this shared recreational area shall be twelve (12) feet. The interior shared recreational area shall be accessible to all tenants of the Micro Living Quarter building.

All common areas, including but not limited to shared kitchens, interior recreational area, and outdoor open space, shall be maintained by the building management.

Demolition of a property listed in the City of Oakland's Local Register of Historical Resources as defined in Policy 3.8 of Oakland's General Plan Historic Preservation Element is not allowed in order to build Micro Living Quarters.

Use Permit Criteria. A Conditional Use Permit for Micro Living Quarters may only be granted upon determination that the proposal conforms to the general use permit criteria set forth in the Conditional Use Permit procedure in Chapter 17.134, and to each of the following additional use permit criteria:

The proposal will not detract from the character desired for the area;

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

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;

The proposal will not interfere with the movement of people along an important pedestrian street; and

The proposal will conform in all significant respects with the Broadway Valdez District Specific Plan.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13241, § 5(Exh. C), 7-1-2014)

17.101C.060 - 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-BV Zones, and certain of the other regulations applying in said zone 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. 13677, § 4(Exh. A), 1-18-2022; Ord. No. 13357, § 3(Exh. A), 2- 16-2016; Ord. No. 13241, § 5(Exh. C), 7-1-2014)

Editor's note— Ord. No. 13677, § 4(Exh. A), adopted Jan. 18, 2022, amended the title of § 17.101C.060 to read as herein set out. The former § 17.101C.060 title pertained to special regulations for Mini-Lot and Planned Unit Developments.

17.101C.070 - 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-BV Zones.

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

Landscaping and Screening Standards. The regulations set forth in Chapter 17.124 shall apply in the D-BV 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.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13241, § 5(Exh. C), 7-1-2014)

Chapter 17.101D - D-KP KAISER PERMANENTE OAKLAND MEDICAL CENTER DISTRICT ZONES REGULATIONS

Sections:

17.101D.010 - Title, purpose and applicability.

Title and Purpose. The provisions of this Chapter shall be known as the D-KP Kaiser Permanente Oakland Medical Center District Zones Regulations. This Chapter establishes land use regulations for the D-KP-1, D-KP-2 D-KP-3 and D-KP-4 Zones. The purposes of the Kaiser Permanente Oakland Medical Center Zones are to:

Replace the Oakland Medical Center with a new, state of the art facility to serve Kaiser Permanente's Oakland and Alameda membership;

Comply with state requirements under SB 1953 mandating the seismic upgrade or replacement of the Oakland Medical Center hospital;

Update and modernize the Oakland Medical Center's patient care and administrative service space to meet Kaiser Permanente's current standards;

Ensure that the Oakland Medical Center will be architecturally and functionally integrated, and that the Oakland Medical Center will be compatible with the existing neighborhood;

Provide a framework of development standards that takes into account the scale, massing and content of the surrounding community;

Provide a set of procedures and practices to review and consider future design of new building construction.

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

D-KP-1 Kaiser Permanente Oakland Medical Center District - 1 Commercial Zone: The D-KP-1 Zone is intended for those properties north of MacArthur Boulevard and west of Broadway.

D-KP-2 Kaiser Permanente Oakland Medical Center District - 2 Commercial Zone: The D-KP-2 Zone is intended for those properties south of MacArthur Boulevard.

D-KP-3 Kaiser Permanente Oakland Medical Center District - 3 Commercial Zone: The D-KP-3 Zone is intended for those properties north of MacArthur Boulevard and east of Broadway.

D-KP-4 Kaiser Permanente Oakland Medical Center District - 4 Residential Zone: The D-KP-4 Zone is intended for those single family residential properties on the east side of Manila Avenue and will have the permitted uses further restricted during time the properties remain a part of the Kaiser Permanente Oakland Medical Center.

The Kaiser Permanente Oakland Medical Center Zoning District is applied as an overlay district for those properties which are not owned by Kaiser Permanente. The existing zoning designation shall remain as the applicable zoning district, and the zoning regulations associated with that zoning district shall govern all development and use of the property until Design Review for the parcel/lot is approved by the City in accordance with the provisions of the D-KP District, with the consent of the property owner. Upon approval of Design Review, the zoning standards, guidelines, regulations and other requirements for the development and use of property within the applicable D-KP District and the adopted conditions of approval or mitigation monitoring program shall govern the use and development of that property.

(Ord. No. 13393, § 2(Exh. A), 10-4-2016; 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)

17.101D.020 - Special regulations governing use and development in the D-KP-4 Zone.

The properties in the D-KP-4 Zone that are zoned RU-3 shall be subject to the regulations of the RU-3 Residential Zone, except that while the properties are included as a part of the Kaiser Permanente Oakland Medical Center, the properties may only be used for the following activities: (i) single family residential uses; (ii) sleeping rooms for medical center staff; or (iii) temporary housing for families of members receiving long- term care at the Kaiser Permanente Oakland Medical Center.

The existing single family residential buildings on the east side of Manila within the D-KP-4 Zone shall remain.

(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)

17.101D.030 - Permitted and conditionally permitted activities.

Table 17.101D.01 lists the permitted, conditionally permitted, and prohibited activities in the D-KP-1, D-KP- 2, and D-KP-3 Zones. The descriptions of these activities are contained in Chapter 17.10.

"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) in the corresponding zone.

"—" designates uses that are prohibited in the corresponding zone.

Table 17.101D.01 Permitted and Conditionally Permitted Activities

Zones Additional

Activity Types Regulations D-KP-1 D-KP-2 D-KP-3

Residential Activities

Permanent P P P

Residential Care P(L6) P(L6) P(L6) 17.103.010

Supportive Housing P P P

Transitional Housing P P P

Emergency Shelter P(L1)(L6) P(L1)(L6) P(L1)(L6) 17.103.010

Semi-Transient C C C 17.103.010

Bed and Breakfast C C C 17.10.125

Civic Activities

Essential Service P(L5) P(L5) P(L5)

Limited Child-Care P P P

Community Assembly P P P

Recreational Assembly P P P

Community Education P P P

Nonassembly Cultural P P P

Administrative C C C

Health Care P P P

Special Health Care C(L1) C(L1) C(L1) 17.103.020

Utility and Vehicular C C C

Extensive Impact C C C

Commercial Activities

General Food Sales P P P

Full-service restaurants P P P

Limited Service Restaurants and Cafe P P P

17.103.030 and

Fast-Food Restaurant C C C 8.09

Convenience Market P C C 17.103.030

17.103.030 and

Alcoholic Beverage Sales C C C 17.114.030

Mechanical or Electronic Games C C C

Medical Service P P P

General Retail Sales P P P

Large-Scale Combined Retail and Grocery — — — Sales

Consumer Service P(L2) P(L2) P(L2)

Consultative and Financial Service C C C

Check Cashier and Check Cashing — — —

Consumer Cleaning and Repair P P P

Consumer Dry Cleaning Plant C C C

Group Assembly C(L3) C(L3) C(L3)

Personal Instruction and Improvement Services P P P

Administrative C C C

Business, Communication, and Media Service C C C

Broadcasting and Recording Services C C C

Research Service C C C

General Wholesale Sales — — —

Transient Habitation — — —

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 C C 17.103.055

Animal Boarding C C C

Animal Care C C C

Industrial Activities All Industrial Activities prohibited in these zones

Agricultural and Extractive Activities

Limited Agriculture C(L4) C(L4) C(L4)

Extensive Agriculture — — —

Off-street parking serving activities other than those listed above or in Section 17.74.030, 17.74.030 subject to the conditions set forth in Section 17.116.075 17.116.075

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

Limitations on Table 17.101D.01:

L1. 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.

L2. See Section 17.102.170 for special regulations relating to massage services and Section 17.102.450 for special regulations relating to laundromats.

L3. 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.

L4. 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.

L5. 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.

L6. 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); permitted upon the granting of a Conditional Use Permit if located elsewhere in the zone subject to the standards in Section 17.103.010.

(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. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12999, § 4(Exh. A), 3-16-2010)

17.101D.040 - Permitted and conditionally permitted facilities.

Table 17.101D.02 lists the permitted, conditionally permitted, and prohibited facilities in the D-KP-1, D-KP- 2, and D-KP-3 Zones. The descriptions of these activities are contained in Chapter 17.10.

"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) in the corresponding zone

"—" designates uses that are prohibited in the corresponding zone

Table 17.101D.02 Permitted and Conditionally Permitted Facilities

Zones Additional

Facility Types Regulations D-KP-1 D-KP-2 D-KP-3

Residential Facilities

One-Family Dwelling P(L3) P(L3) P(L3) 17.103.080

Two- to Four-Family Dwelling P(L3) P(L3) P(L3) 17.103.080

Multifamily Dwelling P(L3) P(L3) P(L3) 17.103.080

Rooming House P P P

Vehicular —P —P —P 17.103.085

Nonresidential Facilities

Enclosed nonresidential facilities P P P

Open nonresidential facilities C(L2) C(L2) C(L2)

Sidewalk Cafe P P P 17.103.090

Drive-In C C C

Drive-Through C(L1) (L1) C(L1) 17.103.100

Telecommunications Facilities

Micro Telecommunications P P P

Mini Telecommunications C C C

Macro Telecommunications C C C

Monopole Telecommunications C C C

Tower Telecommunications — — —

Sign Facilities

Residential Signs P P P 17.104

Special Signs P P P 17.104

Development Signs P P P 17.104

Realty Signs P P P 17.104

Civic Signs P P P 17.104

Business Signs P P P 17.104

Advertising Signs — — — 17.104

Limitations on Table 17.101D.02:

L1. 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.

L2. No Conditional Use Permit (CUP) is required for Open Nonresidential Facilities to accommodate Civic Activities, seasonal sales, or special events.

L3. 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. 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. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12999, § 4(Exh. A), 3-16-2010)

17.101D.050 - Required Master Plan conformance and design review.

Substantial Conformance to the Kaiser Permanente Oakland Medical Center Master Plan is required for all projects in the D-KP-1, D-KP-2, and D-KP-3 Zones.

Except for projects that are exempt from design review as set forth in Section 17.136.025. No Building Facility, 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 section 17.101D.060.

(Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12999, § 4(Exh. A), 3-16-2010)

17.101D.060 - Design review.

Design Review Application.

Pre-Application Conference: Prior to application for design review, the applicant or his or her representative shall have a conference with a representative of the City Planning Department before or at an early stage in the design process to review the proposed project for consistency with the adopted Kaiser Permanente Oakland Medical Center Master Plan. At the conference, the City representative shall provide information about applicable design review criteria and pertinent procedures, including the opportunity for advice from outside design professionals. Where appropriate the City representative may also informally discuss possible design solutions, point out potential neighborhood concerns, and mention local organizations which the applicant is encouraged to contact before finalizing the proposal.

Application for Design Review: Application for design review shall be made by the owner of the affected property, or his or her authorized agent, on a form prescribed by the Planning and Building Department and shall be filed with such Department. The application shall be accompanied by such information as may be required to allow applicable criteria to be applied to the proposal, and by the fee prescribed in the City's Master Fee Schedule. Such information may include, but is not limited to, site and building plans, elevations, and relationships to adjacent properties.

Exemptions from Design Review. The following changes to existing nonresidential buildings are exempt from design review:

Any alteration or addition of existing floor area or footprint area determined by the Director of City Planning to be not visible from the street or from other public areas. An alteration or addition will normally be

considered "not visible from the street or from other public areas" if it does not affect any street face or public face of a building or is located more than forty (40) feet from any street line, public path, park or other public area;

Alterations or additions of floor area or footprint that are determined by the Director of City Planning to be visible from the street or from other public areas, but which comprise less than twenty-five thousand (25,000) square feet or ten percent (10%) of the total floor area, whichever is smaller;

A change of sign face copy or new sign face so long as the structure and framework of the sign remain unchanged and the new sign face duplicates the colors of the original or, in the case of an internally illuminated sign, the letter copy is light in color and the background is dark;

Any alteration or addition not normally exempt which is used as a loading dock, recycling area, utility area, porch, deck or similar open structure addition that is no higher than six (6) feet above finished grade, less than five hundred (500) square feet in floor or footprint area, and has no significant visual or noise impact to neighboring properties or from a public street. Exemptions only permitted where the proposal conforms with all buffering requirements in Chapter 17.110 and all performance standards in Chapter 17.120;

The alteration or addition is on a roof and does not project above the parapet walls.

Small Project Design Review. "Small project design review" means design review for minor alterations or additions to existing facilities that do not require a Subsequent or Supplemental EIR nor any other permit, variance or other approval pursuant to the zoning regulations of Title 17 of the Oakland Planning Code.

Definition of Small Projects. Small Projects are limited to one or more of the following types of work:

New or modified signs, excluding advertising signs; signs extending above the roofline; and multi-tenant freestanding signs;

New or modified awnings;

Color changes to buildings, signs, awnings or other facilities;

Changes to storefronts or ground floor facades limited to replacement or construction of doors, windows; bulkheads and nonstructural wall infill; or installation or replacement of security grilles or gates; provided, however, they do not involve properties considered to be Historic Resources as defined by CEQA Guidelines section 15064.5 (14 CFR section 15064.5) and the City's Historic Preservation Element Policy 3.8;

Installation of flags or banners having any permanent structure within the public right of way;

Fences.

Procedure for Consideration of Small Project Design Review: An application for Small project design review shall be considered by the Director of City Planning.

The Director shall determine whether the proposal conforms to the applicable design review criteria and also is in substantial conformance to the Kaiser Permanente Oakland Medical Center Master Plan.

The Director may approve or disapprove the proposal and may require such changes therein or impose such reasonable conditions of approval as are in his or her judgment necessary to ensure conformity to said criteria.

The Director's decision shall be in writing, shall be final immediately and is not appealable.

Whenever an application for Small project design review has been denied by the Director of City Planning, no Small project design review application for essentially the same proposal affecting the same property, or any portion thereof, shall be filed within one year after the date of denial; provided, however, that such proposal may be resubmitted as an application for Regular design review within one year of denial in accordance with Section 17.136.120.

Regular Project Design Review. Unless determined exempt or subject to Small project design review pursuant to Section 17.101D.040 B or C above, no building, sign or other facility shall be constructed or established or altered in such a manner as to substantially affect its exterior appearance unless plans for such proposal have been approved pursuant to the following Regular Design Review procedures:

Reviewing Body:

If the project requires preparation of a Subsequent or Supplemental Environmental Impact Report, or involves more than twenty-five thousand (25,000) square feet of floor area, or includes a proposed skybridge, the Director of City Planning shall refer the application to the City Planning Commission for an initial decision.

All other applications for Regular design review shall be considered by the Director of City Planning. However, the Director may, at his or her discretion, refer the application to the City Planning Commission for an initial decision rather than acting on it himself or herself.

Procedure for Consideration of Design Review: Applications for design review shall be considered by the Director of City Planning or the Planning Commission according to the following procedures:

Decisions by the Planning Commission shall be made at a public hearing. At his or her discretion, the Director of City Planning may hold an administrative hearing for projects under his or her review.

Notice of public and/or administrative hearings shall be given by posting notices thereof within three hundred (300) feet of the property involved in the application; notice shall also be given by mail or delivery to all owners and occupants within three hundred (300) feet of the property involved; provided, however, that failure to send notice to any such owner where his or her address is not shown on the last available equalized assessment roll shall not invalidate the affected proceedings. Notice shall also be given by e- mail, mail or delivery to all persons previously requesting to be notified of actions related to the Kaiser OMC Campus through public workshops, community meetings or other direct requests to the Planning and Building Department. All such notices shall be given not less than seventeen (17) days prior to the date set for the hearing, if such is to be held, or, if not, for decision on the application by the Director or the Commission, as the case may be.

The Director or the Commission may seek the advice of outside design professionals and/or refer the matter to the City's Landmark's Preservation Advisory Board if Historic Resources may potentially be affected.

The Director or the Commission, as the case may be, shall determine whether the proposal conforms to the applicable design review criteria and also is in substantial conformance to the Kaiser Permanente Oakland Medical Center Master Plan, and may approve or disapprove the proposal or require such changes therein or impose such reasonable conditions of approval as are in his or her or its judgment necessary to ensure conformity to said criteria.

A determination by the Director shall become final ten (10) days after the date of decision unless appealed to the City Planning Commission in accordance with the procedures in Section 17.136.080. The decision of the Planning Commission on appeal is final and is itself not appealable.

An initial decision of the Commission shall become final ten (10) days after the date of decision unless appealed to the City Council in accordance with the procedures in Section 17.136.090.

Design Review Criteria. Design review approval may be granted only if the proposal is in substantial conformance to the Kaiser Permanente Oakland Medical Center Master Plan including without limitation its goals, objectives, principles and guidelines, and also conforms to all of the following criteria:

That the proposal will help achieve or maintain a group of facilities which are well related to one another and which, when taken together, will result in a well-composed design, with consideration given to site, landscape, bulk, height, arrangement, texture, materials, colors, and appurtenances; the relation of these factors to other facilities in the vicinity; and the relation of the proposal to the total setting as seen from key points in the surrounding area. Only elements of design which have some significant relationship to outside appearance shall be considered; and

That the proposed design will be of a quality and character which harmonizes with, and serves to protect the value of, private and public investments in the area; and

That the proposed design conforms in all significant respects with the Oakland General Plan and with any applicable district plan or development control map which has been adopted by the City Council; and

That any proposed retaining wall is consistent with the overall building and site design and respects the natural landscape and topography of the site and surrounding areas, and that the retaining wall is responsive to human scale, avoiding large, blank, uninterrupted or un-designed vertical surfaces.

Adherence to Approved Plans. A design review approval shall be subject to the plans and other conditions upon the basis of which it was granted and shall terminate in accordance with Section 17.136.100.

Revocation/Enforcement. In the event of a violation of any of the provisions of the zoning regulations, or in the event of a failure to comply with any prescribed condition of approval, or if the activity causes a public nuisance, the City may, after holding a public hearing, revoke any design review approval or other approval or take other enforcement actions in accordance with the procedures in Chapter 17.152.

Review by Landmarks Board. A design review application may be subject to review by the Landmarks Preservation Advisory Board in accordance with Section 17.136.040.

Design Review and Other Approvals. Whenever design review approval is required for a proposal also requiring a conditional use permit, or Planned Unit Development (PUD) permit or variance, the application for design review shall be included in the application to said permit and shall be processed and considered as part of same, in accordance with Section 17.136.120.

(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. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12999, § 4(Exh. A), 3-16-2010)

17.101D.070 - Design review application.

The application for design review for one or more Campus Zones shall include the following:

Streets, driveways, sidewalks, pedestrian and bike ways, and off-street parking and loading areas, including integration with surrounding uses.

Location and dimensions of structures.

Major landscaping features, including trees protected by Oakland Municipal Code Chapter 12.36, as it may be amended.

Creeks Protected by Oakland Municipal Code Chapter 13.16, as it may be amended.

The presence of any historic resources pursuant to the City's Historic Preservation Element Policy 3.8 or as defined in Section 15064.5 of Title 14 of the California Code of Regulations.

Plan and elevation drawings establishing the scale, character, and relationship of buildings, streets, and open spaces, and a description of all exterior building materials.

A tabulation of the land use area and gross floor area to be devoted to health care and retail uses, if any.

A public services and facilities plan including proposed location, extent and intensity of essential public services and facilities such as public 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 descriptions to the existing location, extent and intensity of such essential public facilities and services.

If required, a Phasing Plan generally depicting projected development time frames sufficient to illustrate the relationship between the phasing of development and the provision of public facilities and services and parking.

(Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12999, § 4(Exh. A), 3-16-2010)

17.101D.080 - Master Plan amendment.

The City Council shall not amend the Kaiser Permanente Oakland Medical Center Master Plan until after it has received, pursuant to this procedure, a recommendation from the Planning Commission. The purpose of these provisions is to set forth the procedure by which amendments may be made to the Kaiser Permanente Oakland Medical Center Master Plan.

Private Party Initiation. The owner of any property with a D-KP Zone, or his or her authorized agent, may make application to the City Planning Commission to amend the Kaiser Permanente Oakland Medical Center Master Plan.

Commission Initiation. The City Planning Commission may, and upon request of the City Council, initiate a Kaiser Permanente Oakland Medical Center Master Plan amendment. Such initiation shall be for the purpose of reviewing the merits of the proposal and shall not imply advocacy by the Commission for amendment.

A private party application shall be made by the owner of the affected property, or his or her authorized agent, on a form prescribed by the City Planning Department and shall be filed with such Department. The application shall be accompanied by the fee prescribed in the City's Master Fee Schedule. Upon receipt of a completed application, the Director shall, within a reasonable period of time, schedule a public hearing before the Planning Commission. The Director or the Commission may seek the advice of outside design professionals and/or refer the matter to the City's Landmark's Preservation Advisory Board if Historic Resources may be affected.

In the case of initiation by the City Planning Commission or initiation by a private party, the Commission shall, within ninety (90) days from the date the submittal is deemed complete, hold a public hearing on the proposal. The Director or the Commission may seek the advice of outside design professionals and/or refer the matter to the City's Landmark's Preservation Advisory Board if Historic Resources may be affected. The Commission shall, in every case, make a recommendation to the City Council for appropriate action.

Upon receipt of a recommendation from the City Planning Commission, the City Council shall set the date for consideration of the matter. The Council may approve, modify, or disapprove the Commission's recommendations, as the case may be. The decision of the City Council shall be made by resolution and shall be final.

Notice of public hearings required herein shall be given by (1) newspaper; (2) posting notices thereof within three hundred (300) feet of the property involved in the application; and (3) by mail or delivery to all owners and occupants of within three hundred (300) feet of the property involved; provided, however, that failure to send notice to any such owner where his or her address is not shown on the last available equalized assessment roll shall not invalidate the affected proceedings. Notice shall also be given by e-mail, mail or delivery to all persons previously requesting to be notified of actions related to the Kaiser OMC Campus through public workshops, community meetings or other direct requests to the Planning and Building Department. All such notices shall be given not less than seventeen (17) days prior to the date set for the hearing on the application before the Commission or City Council, as the case may be.

Whenever a private party application has been denied by the City Council, no such application for the same proposal shall be filed within one year after the date of denial.

(Ord. No. 13778, § 2(Exh. A), 1-16-2024; Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13064, § 2(Exh. A), 3- 15-2011; Ord. No. 12999, § 4(Exh. A), 3-16-2010)

17.101D.090 - Minimum lot area width and frontage.

The following table contains the minimum lot area, width and frontage requirements for the zones in this Chapter:

Standard Zone

D-KP-1 D-KP-2 D-KP-3

Minimum lot area 4,000 4,000 4,000

Minimum lot width mean 25 ft. 25 ft. 25 ft.

Minimum lot frontage 25 ft. 25 ft. 25 ft.

Lot width and frontage for D-KP-4 based on the RU-3 Zone.

(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)

17.101D.100 - Maximum floor area.

The maximum floor area for the aggregate of all the D-KP zoned properties shall not exceed 1.76 million square feet excluding parking structures. This includes approximately four hundred thirty-two thousand three hundred (432,300) square feet of existing buildings not to be redeveloped (the Piedmont, Howe, Fabiola, Mosswood and Kings Daughter Mental Health buildings) and a maximum of one million three hundred fifty-three thousand (1,353,000) square feet of new construction. The following floor area requirements will ensure that density of new construction is appropriately distributed throughout the D-KP Zones.

The maximum floor area of new construction in the D-KP-1 Zone shall be one hundred seventy-two thousand seven hundred (172,700) square feet (one hundred sixty-five thousand (165,000) square feet of medical office space and a maximum of seven thousand seven hundred (7,700) square feet retail).

The maximum floor area of new construction in the D-KP-2 Zone shall be nine hundred fifty-seven thousand (957,000) square feet. An additional sixty thousand (60,000) square feet of space may be added to this building (to a maximum of one million one hundred seven thousand (1,107,000) square feet) provided that Kaiser submit a schematic development plan that delineates the development program for Phase 3. In order to qualify for this option, the schematic development plan for Phase 3 must be submitted for review by the City Planning Commission prior to occupancy of the Phase 2 parking garage.

The maximum floor area of new construction in the D-KP-3 Zone shall be two hundred twenty-three thousand (223,000) square feet. However, should Kaiser select to add the additional sixty thousand (60,000) square feet of space to Phase 2 as described in Subsection B. above, then the maximum floor area of

Phase 3 would be correspondingly reduced by as much as sixty thousand (60,000), to a maximum of one hundred sixty-three thousand (163,000) square feet.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12999, § 4(Exh. A), 3-16-2010)

17.101D.110 - Maximum height for new construction.

The maximum heights for new construction in the D-KP Zones shall be as follows, except as permitted in Section 17.108.030 for allowed projections above height limits and Section 17.108.020 for increased height limits in certain situations:

In the D-KP-1 Zone, the maximum building height for the Medical Office Building shall be eighty-five (85) feet. The maximum height of any freestanding parking structure shall be forty-one (41) feet (two (2) stories of parking above ground floor retail, with rooftop parking allowed).

In the D-KP-2 Zone, the maximum height for the new hospital tower shall be two hundred ten (210) feet.

In the D-KP-3 Zone, the maximum height of new buildings (not including parking structures) shall be seventy (70) feet (five (5) stories at fourteen (14) feet per story). Parking structures shall be limited to a maximum of fifty-three (53) feet. In the D-KP-3 Zone, all structures shall be set back from the adjacent RM- 3 Zone on Cerrito Avenue, Howe Street, and 38th Street by a minimum of twelve (12) feet. No structure may exceed thirty (30) feet in height unless additional setbacks are provided equivalent to an additional horizontal distance of one foot beyond the 12-foot setback for each foot that the structure extends above thirty (30) feet, up to the maximum allowable height.

Maximum height for D-KP-4 is equivalent to RU-3 requirements.

(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. 13666, § 3(Exh. A), 11-16-2021)

17.101D.120 - Parking and loading areas.

Parking shall be determined on a D-KP District-wide basis and the amount, location and distribution of parking shall be determined as part of the Design Review Process. The parking demand study prepared for adoption of the D-KP district determined that upon completion of new construction to the full 1.78 million (1,780,000) square foot total, approximately three thousand five hundred eighty-four (3,584) parking spaces will be required. The actual amount of required parking shall be imposed as a condition of approval based on the current or updated parking study and the adopted Transportation Demand Management program, as approved by the City. The requirements set forth herein may be modified during the design review process,

upon a finding that the modification is supported by an updated parking analysis prepared by a professional traffic engineer, as approved by the City.

Unless otherwise permitted pursuant to a conditional use permit, deliveries that rely on the use of loading areas or driveways within two hundred (200) feet of a residentially zoned property shall be limited to the hours of 5:00 a.m. to 7:00 p.m.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12999, § 4(Exh. A), 3-16-2010)

17.101D.130 - Signs.

If a comprehensive Sign program is adopted as part of the Kaiser Permanente Oakland Medical Center Master Plan, the provisions of the comprehensive Sign program shall govern and shall supersede the provisions of Chapter 17.104.

Design Review approval is not required for temporary or development signs; and periodic changes of copy.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 12999, § 4(Exh. A), 3-16-2010)

17.101D.140 - Landscaping, buffering and screening.

A landscaping, buffering and screening plan shall be submitted for every project that requires approval pursuant to the design review process. The landscaping, buffering and screening plan shall contain the following:

Landscaping that is consistent with the Kaiser Permanente Oakland Medical Center Master Plan with an automatic system of irrigation for all private landscaping shown in the plan.

Landscape treatment of any interface with a residentially zoned property including a buffering and screening plan.

The location of parking, loading and storage areas, and exterior lighting including a buffering and screening plan.

(Ord. No. 12999, § 4(Exh. A), 3-16-2010)

17.101D.150 - Demolition.

Consistent with Oakland Municipal Code Section 15.36.070, during the Kaiser Permanente Oakland Medical Center Master Plan approval process, the City Council may identify specific buildings for which a demolition permit may be issued without first obtaining a building permit because the issue of demolition was expressly considered as part of the Kaiser Permanente Oakland Medical Center Master Plan approval process. These buildings shall be listed in the Kaiser Permanente Oakland Medical Center Master Plan as eligible for demolition prior to the issuance of building permits.

(Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12999, § 4(Exh. A), 3-16-2010)

17.101D.160 - Skybridges.

One pedestrian skybridge over the public right-of-way of Broadway, adjacent to Highway 580, (connecting D-KP-1 and D-KP-2) is permitted in the D-KP Zone and no conditional use permit shall be required pursuant to Section 17.102.200. Authority pursuant to Chapter 12.08 is also granted for this pedestrian skybridge. While the exact location has not yet been determined, the general location of the skybridge is shown in the Kaiser Permanente Oakland Medical Center Master Plan. The design and final location will be determined during the Design Review Process.

No other skybridge over Broadway shall be permitted.

The other proposed pedestrian skybridges over the public right-of-way on MacArthur Boulevard is not needed until the completion of Phase 3 of the project (D-KP-3 Zone). Design Review for Phase 2 should consider means to ensure that a choice of skybridge versus tunnel versus surface street crossings at this location is preserved. The need for and final design and final location of a potential MacArthur Boulevard skybridge versus tunnels or surface street crossings will be determined during the Design Review Process and pursuant to Conditional Use permits for Phase 3.

The Director of City Planning shall refer all Design Review processes regarding skybridges to the City Planning Commission for initial decision. An initial decision of the Commission shall become final ten (10) days after the date of decision unless appealed to the City Council in accordance with the procedures in Section 17.136.090.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12999, § 4(Exh. A), 3-16-2010)

Chapter 17.101E - D-CE CENTRAL ESTUARY DISTRICT ZONES REGULATIONS

17.101E.010 - Title, intent, and description.

Title and Intent. The provisions of this Chapter shall be known as the D-CE Central Estuary District Zones Regulations. The intent of the Central Estuary District (D-CE) Zones is to:

Implement the Central Estuary Area Plan (CEAP) in the Central Estuary District;

Preserve and enhance opportunities for business and employment development in uses that can benefit from proximity to existing commercial, industrial and mixed use facilities in the area;

Encourage the creation of mixed-use districts that integrate various combinations of residential, industrial, commercial, public open space and civic uses;

Establish development standards that allow Residential, Industrial, Commercial, public Open Space and Civic Activities to compatibly co-exist;

Provide 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 area has to offer;

Provide a framework of development standards that takes into account the scale, massing and context of the surrounding community;

Provide a set of procedures and practices to review and consider future design of new building construction; and

Preserve and enhance distinct neighborhoods in the Central Estuary District.

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

D-CE-1 Central Estuary District - 1 Commercial Zone (Embarcadero Cove). The D-CE-1 Zone is intended to create, maintain, and enhance areas of the Central Estuary that have a mix of marine, office and other commercial uses.

D-CE-2 Central Estuary District - 2 Commercial Zone (High Street Retail). The D-CE-2 Zone is intended to create, maintain, and enhance areas of the Central Estuary with a wide range of commercial uses with direct street frontage and access to the freeway.

D-CE-3 Central Estuary District Mix - 3 Commercial Zone (Jingletown/Elmwood). The D-CE-3 Zone is intended to create, preserve, and enhance areas of the Central Estuary that have a mix of industrial, heavy commercial and residential development. This zone is intended to promote housing with a strong presence of Commercial and Industrial Activities.

D-CE-4 Central Estuary District Mix - 4 Commercial Zone (Mixed Use Triangle). The D-CE-4 Zone is intended to create, maintain, and enhance areas of the Central Estuary that have a mix of Industrial and Heavy Commercial Activities. Higher density residential development is also appropriate in this zone.

D-CE-5 Central Estuary District - 5 Industrial Zone (Food Industry Cluster/High St. Warehouse Wedge/Tidewater South). The D-CE-5 Zone is intended to create, preserve, and enhance areas of the Central Estuary that are appropriate for a wide variety of heavy commercial and industrial establishments. Uses with greater off-site impacts may be permitted provided they meet specific performance standards.

D-CE-6 Central Estuary District - 6 Industrial Zone (Con Agra/Owens Brockway/Tidewater North). The D- CE-6 Zone is intended to create, preserve, and enhance areas of the Central Estuary that are appropriate for a wide variety of businesses and related commercial and industrial establishments that may have the potential to generate off-site impacts, such as noise, light/glare, odor, and traffic. This zone allows industrial and manufacturing uses, transportation facilities, warehousing and distribution, and similar related supporting uses. Uses that may inhibit such uses, or the expansion thereof, are prohibited. This district is applied to areas with good freeway, rail, seaport, and/or airport access.

(Ord. No. 13393, § 2(Exh. A), 10-4-2016; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13168, § 5(Exh. A), 6-18-2013)

17.101E.020 - Required design review.

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.

In addition to the design review criteria listed in Chapter 17.136, conformance with the design review guidelines in the "Design Guidelines for the Central Estuary" is required for any proposal in the D-CE 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 "Design Guideline for the Central Estuary", the design objectives in the "Design Guidelines for the Central Estuary" shall prevail.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13168, § 5(Exh. A), 6-18-2013)

17.101E.030 - Permitted and conditionally permitted activities.

For the purposes of this Chapter only, the following definition is added as an Activity. Definitions for the other Activities listed in Table 17.101E.01 are contained in the Oakland Planning Code Chapter 17.10.

Definitions.

Boat and Marine-Related Sales, Rental, Repair and Servicing 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.

Table 17.101E.01 lists the permitted, conditionally permitted, and prohibited activities in the D-CE 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 17.101E.01: Permitted and Conditionally Permitted Activities

Zones Additional

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

Residential Activities

Permanent — — P P — —

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

Supportive Housing — — P P — —

Transitional Housing — — P P — —

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

Semi-Transient — — P P — — 17.103.010

Bed and Breakfast — — P — — — 17.10.125

Civic Activities

Essential Service P(L18) P(L18) P(L22) P(L22) P(L18) P(L18)

Limited Child-Care Activities — — P — — —

Community Assembly — — P (L2) — C —

Recreational Assembly P C P (L2) C C —

Community Education P P C C C —

Nonassembly Cultural P P P(L2) P(L3) C —

Administrative P P P (L3) P(L3) C —

Health Care — — C C — —

Special Health Care — — — — — —

Utility and Vehicular C C C C C C

Extensive Impact C C C C C C

Commercial Activities

General Food Sales P P P(L2)(L12) P(L4)(L12) P (L5) P(L5)

Full-service restaurants P P P (L4) P (L4) P (L5) P (L5)

Limited Service Restaurant and P P P (L4) P (L4) P (L5) P (L5) Cafe

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