Chapter 17.01 — GENERAL PROVISIONS OF PLANNING CODE AND GENERAL PLAN CONFORMITY

Source: library.municode.com (print export)

Chapter 17.01 - GENERAL PROVISIONS OF PLANNING CODE AND GENERAL PLAN CONFORMITY

Sections:

This title shall be known as the Oakland Planning Code, may be cited as such, and will be referred to herein by such title or as "this Code."

(Ord. 12054 § 2 (part), 1998)

The provisions of Chapters 17.01 through 17.05 shall be known as the General Provisions of the Planning Code.

(Ord. 12054 § 2 (part), 1998)

Except as otherwise provided by Section 17.01.040, no activities or facilities shall be established, substituted, expanded, constructed, altered, moved, painted, maintained, or otherwise changed, and no lot lines shall be created or changed, except in conformity with the Oakland General Plan. To the extent that there is an express conflict between the Oakland General Plan and the Zoning Regulations, this requirement shall supersede the requirement for conformity with the Zoning Regulations stipulated in Section 17.07.060 (formerly Section 17.02.060).

(Ord. 12054 § 2 (part), 1998)

The provisions of this Chapter shall not be construed to preclude the operation, maintenance, and occupancy of any activity or facility that existed lawfully prior to the effective date of this Chapter. Such activities and facilities shall be subject to the Nonconforming Use Regulations in Chapter 17.114.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. 12054 § 2 (part), 1998)

17.01.050 - General Plan prevails over Planning Code Regulations.

Until the Planning Code is fully updated, land use designations, zoning controls, and subdivision controls specified by the Planning Code and Subdivision Regulations shall apply, except where such action would expressly conflict with the Oakland General Plan. Where an express conflict does arise, the General Plan policies and land use designations shall apply. An "express conflict" shall be deemed to be any situation where a proposal clearly conforms with the General Plan but is not permitted by the portion of Zoning Regulations that have not been fully updated, or where a proposal clearly does not conform with the General Plan, but is permitted or conditionally permitted by the portion of Zoning Regulations that have not been fully updated. The provisions of Sections 17.01.070 through 17.01.080 shall be used to determine whether an express conflict exists and the provisions of Sections 17.01.100 through 17.01.120, as applicable, shall then be followed.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. 12054 § 2 (part), 1998)

Editor's note— Ord. No. 13357, § 3(Exh. A), adopted February 16, 2016, changed the title of Section 17.01.050 from "General Plan prevails over Planning Code and Subdivision Regulations" to "General Plan prevails over Planning Code Regulations." The historical notation has been preserved for reference purposes.

Editor's note— Ord. No. 13357, § 3(Exh. A), adopted February 16, 2016, repealed the former Section 17.01.060 in its entirety, which pertained to guidelines for determining General Plan conformity, and derived from Ord. No. 12054, § 2)part), adopted in 1998.

17.01.070 - Determination of General Plan conformity by Director of City Planning.

The Director of City Planning shall determine whether any specific proposal conforms to the General Plan. Any interested party may apply for a written General Plan conformity determination upon payment of a fee as prescribed in the city master fee schedule. Prior to making a decision, there shall be notice given by mail or delivery to all owners and occupants of real property in the city within three hundred (300) feet of the property involved pursuant to Section 17.134.040; 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.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. 12514 § 2 (part), 2003: Ord. 12054 § 2 (part), 1998)

17.01.080 - Appeal of Director's determination.

A.

Within ten (10) calendar days of a written determination by the Director of City Planning pursuant to Section 17.01.070, an appeal of such determination may be taken to the City Planning Commission by the applicant or any other interested party. Such appeal shall be accompanied by a fee as prescribed in the City master fee schedule, and shall be processed in accordance with the administrative appeal procedure in Chapter 17.132.

B.

Within ten (10) calendar days of a written determination by the Director of City Planning pursuant to Subsection 17.01.120.C. an appeal of such determination may be taken to the City Council by the applicant or any other interested party. Such appeal shall be accompanied by a fee as prescribed in the City master fee schedule. In event the last date of appeal falls on a weekend or holiday when City offices are closed, the next date such offices are open for business shall be the last date of appeal. Such appeal shall be made on a form prescribed by the Director and shall be filed with the City Clerk. The appeal shall state specifically wherein it is claimed there was an error or abuse of discretion by the Planning Director or wherein his or her decision is not supported by the evidence in the record. Upon receipt of such appeal, the Council shall set the date for consideration thereof. After the hearing date is set, the Planning Director shall refer the matter to the Planning Commission for its review and advice. The Planning Commission shall consider the matter at its next available meeting. Such referral shall be only for the purpose of issue clarification and advice to the City Council. The City Clerk shall not less than seventeen (17) days prior to the Council hearing, give written notice of the date and place of the hearing on the appeal to the applicant; the appellant in those cases where the applicant is not the appellant; adverse party or parties, or to the attorney, spokesperson, or representative of such party or parties; other interested groups and neighborhood associations who have requested notification; and to similar groups and individuals as the Secretary deems appropriate. In considering the appeal, the Council shall determine whether the proposal conforms to the provisions of Subsection 17.01.120.C., and may approve or disapprove the proposed determination. The decision of the City Council shall be made by resolution and shall be final.

(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. 12776 § 3, Exh. A (part), 2006: Ord. 12514 § 2 (part), 2003: Ord. 12054 § 2 (part), 1998)

17.01.100 - Proposals clearly in conformance with General Plan.

A.

If Permitted or Conditionally Permitted by Zoning Regulations (No "Express Conflict"). Any proposal determined to clearly conform with the General Plan and which is permitted or conditionally permitted by the Zoning Regulations shall be processed in accordance with such code and/or regulations.

B.

If Not Permitted by the portion of Zoning Regulations not fully updated ("Express Conflict"). Any proposal determined to clearly conform with the General Plan and which is not permitted by the portion of Zoning Regulations not fully updated may be approved upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134. Such use permit shall be processed as a minor conditional use permit or a major conditional use permit in conformance with the provisions of Chapter 17.134. A conditional use permit for such proposal may be granted only upon determination that the proposal conforms to the general use permit criteria set forth in Section 17.134.050 and to the following additional use permit criteria:

1.

That the proposal is clearly appropriate in consideration of the characteristics of the proposal and the surrounding area;

That the proposal is clearly consistent with the intent and desired character of the relevant land use classification or classifications of the General Plan and any associated policies;

3.

That the proposal will clearly promote implementation of the General Plan. Any such proposal shall be subject to the provisions of the "best fit zone" corresponding to the land use classification in which the proposal is located. If there is more than one "best fit zone," the Director of City Planning shall determine which zone to apply, with consideration given to the characteristics of the proposal and the surrounding area and any relevant provisions of the General Plan.

C.

Optional Rezoning in Lieu of Conditional Use Permit ("Express Conflict"). At his or her option, in lieu of the conditional use permit provided for by Subsection B. of this Section, the applicant may apply for a rezoning pursuant to the rezoning and law change procedure in Chapter 17.144. Any such rezoning shall be to the "best fit zone" or other possible zone corresponding to the land use classification in which the proposal is located. If such a rezoning is approved, the proposal shall then be subject to all of the provisions of the new zone, including but not limited to, any required conditional use permit.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12054 § 2 (part), 1998)

17.01.110 - Proposals for which General Plan is silent or not clear on conformance.

A.

If Permitted or Conditionally Permitted by Zoning Regulations (No "Express Conflict"). Any proposal for which the General Plan is silent or not clear as regards conformity and which is permitted or conditionally permitted by the Zoning Regulations shall be processed in accordance with such code and/or regulations.

B.

If Not Permitted by Zoning Regulations (No "Express Conflict"). Any proposal for which the General Plan is silent or not clear as regards conformity, and which is not permitted by the Zoning Regulations shall be processed in accordance with such code and/or regulations. At his or her option, the applicant may modify the project to conform to the code and/or regulations, may apply for a variance pursuant to the variance procedure in Chapter 17.148, or may apply for a rezoning pursuant to the rezoning and law change procedure in Chapter 17.144. Any such rezoning shall be to the "best fit zone" or other possible zone corresponding to the land use classification in which the proposal is located. If such a rezoning is approved, the proposal shall then be subject to all of the provisions of the new zone, including but not limited to, any required conditional use permit.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. 12054 § 2 (part), 1998)

17.01.120 - Proposals clearly not in conformance with the General Plan or the Land Use Diagram.

Any proposal determined to clearly not conform to the General Plan shall not be allowed and no application shall be accepted, nor shall any permits be approved or issued, for any such proposal, except as provided in this Section or in Section 17.01.040 or Section 17.01.070.

A.

If Permitted or Conditionally Permitted by Zoning Regulations ("Express Conflict"). At his or her option, the applicant may modify the project to conform to the General Plan, request a General Plan conformity determination from the Director of City Planning pursuant to Section 17.01.070, or may apply for a General Plan Amendment. If such amendment involves the land use classification, the amendment shall be to the land use classification corresponding to the "best fit zone" or other possible zone in which the proposal is located.

B.

If Not Permitted by Zoning Regulations (No "Express Conflict"). If proposal is not permitted under the Zoning Regulations, the applicant may apply for a rezoning pursuant to the rezoning and law change procedure in Chapter 17.144 in addition to a General Plan amendment. Any such rezoning shall be to the "best fit zone": or other possible zone corresponding to the land use classification of the associated

General Plan amendment. If such a rezoning is approved, the proposal shall then be subject to all of the provisions of the new zone, including but not limited to, any required conditional use permit.

C.

If permitted or conditionally permitted by Zoning Regulations, and where determined by the Planning Director to be consistent with the surrounding land uses and appropriate for the area, notwithstanding that the project may not be consistent with the General Plan classification shown on the Land Use Diagram. It is recognized that the General Plan land uses have been broadly applied to areas without parcel by parcel specificity and that the Land Use Diagram details are largely illustrative of the Plan's written goals and policies. Because the Diagram is generalized, and does not necessarily depict the accuracy of each parcel or very small land areas, a determination of project consistency can be requested of the Director of City Planning. The applicant must demonstrate to the satisfaction of the Planning Director that the predominant use, or average density, is different from that shown on the Diagram and is appropriate for the area in question and that the project is in conformance with the written goals and policies of the General Plan. Written notice of the Director's determination shall be sent to all property 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. The Director's determination may be appealed to the City Planning Commission pursuant to Section 17.01.080B.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. 12514 § 2 (part), 2003: Ord. 12054 § 2 (part), 1998)

Chapter 17.03 - CITY PLANNING COMMISSION

Sections:

17.03.010 - City Planning Commission, Landmarks Preservation Advisory Board and Board of Adjustments.

A.

City Planning Commission and Landmarks Preservation Advisory Board. The membership and organization of the City Planning Commission and Landmarks Preservation Advisory Board, shall be as prescribed in this code and Ordinance Nos. 192 and 8883 C.M.S., as amended respectively, including, but not limited to the amendments made by Ordinance No. 6485 C.M.S., and their powers shall be as prescribed in said ordinances and in this code. Unless expressly stated therein, neither the adoption of this code nor any amendments thereto, nor the repeal of any ordinance, shall in any manner affect the organization of the City Planning Commission or Landmarks Preservation Advisory Board as existing on the effective date hereof. Unless expressly stated otherwise, all persons holding office on said Commission or Board under any provision repealed by the ordinance codified in this title shall continue to hold such office according to the former tenure thereof.

B.

Abolition of Board of Adjustments. The Board of Adjustments is abolished; provided, however, that all matters pending before the Board of Adjustments on the effective date of this Section shall be heard and determined by the Board, or by the City Council in cases of appeal, in the same manner in effect prior to the effective date.

C.

Affirmative Action. To the extent practicable, Commission and Board appointments shall be made in accordance with the City's affirmative action policies.

D.

Geographic Diversity. To the extent practicable, Commission and Board appointments shall reflect the geographical diversity of the City.

E.

Councilmember Recommendations. In making Commission and Board appointments, the Mayor shall accept for consideration recommendations for appointments offered by each Councilmember. Councilmembers must submit recommendations to the Mayor for consideration at least thirty (30) days prior to expiration of an existing Commission or Board member's term.

F.

Staggered Terms. Commencing with the effective date of the ordinance codified in this Section, Commission and Board members shall be appointed to staggered terms, such terms to commence upon the date of appointment, except that an appointment to fill a vacancy shall be only for the unexpired portion of the term.

G.

Length of Terms. Except for the initial appointments made immediately following passage of the ordinance codified in this Section, which may be for lesser terms of two (2) years or one (1) year in order to establish staggered terms pursuant to Subsection F. of this Section, all appointments shall be for a period of three (3) years.

H.

1.

Limit on Consecutive Terms. Commencing with the effective date of the ordinance codified in this Section, no person shall serve more than two (2) consecutive terms as a member of the Commission or Board. Members of the Commission or Board sitting on the effective date of the ordinance codified in this Section shall not be appointed to serve more than one additional consecutive term as a member of the Commission or Board.

2.

In the event an appointment to fill a vacancy has not occurred by the conclusion of a Commission or Board member's term, that member may continue to serve as a member of the Commission or Board during the following term in a holdover capacity for a period not to exceed one year, to allow for the appointment of a Commission or Board member to serve the remainder of such following term.

I.

Removal. To assure participation of Commission and Board members, attendance by the members of the Commission and Board at all regularly scheduled and special meetings of the Commission and Board shall be recorded, and such record shall be provided semiannually to the Office of the Mayor for review. A member may be removed pursuant to Section 601 of the City Charter. Cause for removal shall include, among other things, conviction of a felony, misconduct, incompetency, inattention to or inability to perform duties, absence from three (3) consecutive regular meetings, or, for members of the Commission's Residential Appeals Committee, absence from three (3) consecutive regular meetings of the Committee, except, in the case of absences, on account of illness or when absent from the City by permission of the Commission or Board.

a felony, misconduct, incompetency, inattention to or inability to perform duties, absence from three (3) consecutive regular meetings, or, for members of the Commission's Residential Appeals Committee, absence from three (3) consecutive regular meetings of the Committee, except, in the case of absences, on account of illness or when absent from the City by permission of the Commission or Board.

(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. 12376 § 3 (part), 2001; Ord. 12054 § 1(d), 1998; Ord. 11776 §§ 1—3, 1995; prior planning code § 2)

Editor's note— Ord. No. 13172, § 3(Exh. A), adopted July 2, 2013, repealed the former Section 17.65.050 in its entirety, which pertained to special regulations for self storage facilities, and derived from Ord. No. 12772, § 1(part), adopted 2006; Ord. No. 12939, § 4(Exh. A), 6-16-2009, and Ord. No. 13064, § 2(Exh. A), adopted March 15, 2011.

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

Note:

See Sections 17.106.010 and 17.106.020 for exceptions to lot area, width and street frontage regulations. Lots that do not meet the standards described above may be developed if they meet the requirements described in Subsection 17.106.010.A and all other applicable requirements.

(Ord. No. 13763, § 5, 2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13251, § 5(Exh. A), 7-292014; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12872, § 4 (part), 2008; Ord. 12772 § 1 (part), 2006)

17.65.070 - Maximum density.

The following table contains the maximum number of living units allowed per lot for the zones in this Chapter:

Notes:

1. See Section 17.103.080 for regulations regarding permitted Accessory Dwelling Units; Chapter 17.107 for affordable housing density incentives; and Section 17.106.060 for increased density for senior housing.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13677, § 4(Exh. A), 1-18-2022; Ord. No. 13666, § 3(Exh. A), 1116-2021; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13251, § 5(Exh. A), 7-29-2014; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. 12872 § 4 (part), 2008; Ord. 12772 § 1 (part), 2006; )

A.

The following table contains the maximum Floor Area Ratios (FARs) for all structures for the zones in this Chapter:

Notes:

1. Under no circumstances shall a project exceed the maximum FARs for all structures listed in this table or the Nonresidential FARs listed in Subsection B.

2. See Section 17.65.090 for how to calculate Floor Area Ratio (FAR) in mixed use projects.

3. A Conditional Use Permit for an FAR of up to 3.0 in the HBX-3 and HBX-4 Zones 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 the following additional use permit criteria:

a. That the scale of buildings is reduced through the articulation and massing of street facing façades into a series of smaller forms.

b. That the additional Floor Area Ratio does not significantly decrease the solar access of existing adjacent single family homes or duplexes to a degree greater than would be created if the facility were built according to the base FAR.

B.

The following table contains the maximum Floor Area Ratios (FARs) for Nonresidential Facilities for the zones in this Chapter:

Notes:

1. Under no circumstances shall a project exceed the maximum Nonresidential FARs listed in this table or the FARs for all structures listed in Subsection A.

2. See Section 17.65.090 for how to calculate FAR in mixed use projects.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13251, § 5(Exh. A), 7- 29-2014; Ord. 12872 § 4 (part), 2008; Ord. 12772 § 1 (part), 2006)

17.65.090 - Maximum density and Floor-Area Ratio for mixed use projects.

A.

This Section shall only apply to the following two (2) types of mixed use projects:

1.

Projects that have at least twenty percent (20%) of its total floor area devoted to Nonresidential Facilities or

2.

Projects that:

a.

Are on lots that are fifty (50) feet wide or less and

b.

Have a minimum fifty percent (50%) of lot frontage occupied by Ground Floor Convenience Sales and Service, General Food Sales, General Retail Sales, and/or General Personal Service Commercial Activities. This commercial floor area must be at least twenty (20) feet deep measured from the building frontage and

be within an enclosed building. Projects on through lots require this minimum fifty percent (50%) on only the longest lot frontage to qualify as a mixed use project for this Section.

B.

For projects described in Subsection A, the maximum number of units permitted on a lot shall not be affected by the nonresidential floor area provided on the same lot. Conversely, for these projects the maximum floor area allowed on a lot shall not be affected by the number of living units provided on the same lot. For projects described in Subsection A, this Subsection supersedes the requirements in Section 17.106.030.

C.

Section 17.106.030.B describes how to calculate maximum density and floor-area ratio for mixed use projects not included in Subsection A.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13251, § 5(Exh. A), 7-29-2014; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. 12772 § 1 (part), 2006)

A.

The following table contains the maximum heights for the zones in this Chapter.

Notes:

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 a RH, RD, or RM Residential 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 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 this setback line. This increase in allowable height shall not exceed the maximum height allowed in the zone. Also, see Section 17.108.030 for allowed projections above height limits and Section 17.108.020 for increased height limits in certain situations.

2. See Subsection (B) for situations when exceeding these maximum heights may be permitted.

3. On Lowell Street, any building height over thirty (30) feet requires the granting of a conditional use permit (see Chapter 17.134).

B.

Structures that are: 1) on lots adjacent to, or directly across the street from a freeway right-of-way or Bay Area Rapid Transit (BART) right-of-way that contains above-ground tracks; and 2) located within the closest one hundred twenty-five (125) feet of the lot from the freeway or BART right-of-way are eligible for a ninetyfive (95) foot height limit. This additional height is permitted only upon the granting of a Conditional Use Permit (see Chapter 17.134) and approval pursuant to the Regular design review procedure (see Chapter 17.136) and in conformance with the "Design Guidelines for the HBX Zones" as a whole. In particular, the project shall conform to Guideline 4.6 of that document.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13251, § 5(Exh. A), 7-29-2014; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12872 § 4 (part), 2008; Ord. 12776, § 3, Exh. A (part), 2006; Ord. 12772, § 1 (part), 2006; Ord. No. 13666, § 3(Exh. A), 11-16-2021)

A.

Minimum yards shall be consistent with the adopted "Design Guidelines for the HBX Zones".

B.

A minimum ten (10) foot rear yard depth is required when a rear lot line abuts any portion of a lot in a Residential Zone. Also, see Section 17.108.110 for reduced required rear yard depth next to an alley.

C.

See Section 17.108.080 for the required interior side yard width on a lot containing two (2) or more living units and opposite a legally required living room window.

D.

When the rear yard of a reversed corner lot abuts a key lot that is in an RH, RD, or RM Zone, the required street side yard setback in the rear ten (10) feet of the reversed corner lot is one-half (½) of the minimum front yard required on the key lot, but shall not be required to exceed four (4) feet in width if it would reduce to less than twenty-five (25) feet the buildable width of any corner lot.

E.

Courts. On each lot containing a Residential Facility, courts shall be provided when and as required by Section 17.108.120.

F.

This section shall not apply to Vehicular Residential Facilities, which shall comply with the standards contained in Section 17.103.085.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13251, § 5(Exh. A), 7-29-2014; Ord. 12872 § 4 (part), 2008; Ord. No. 13666, § 3(Exh. A), 11-16-2021)

The following table contains the minimum usable open space requirements per dwelling unit for the zones in this Chapter:

Notes:

Usable open space is only required on lots with two (2) or more dwelling units, excluding any permitted Accessory Dwelling Units. Each one (1) square foot of private usable open space equals two (2) square feet towards the total usable open space requirement. All usable open space shall meet the standards contained in Chapter 17.126, except that group usable open space may be located anywhere on the lot.

(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. 13251, § 5(Exh. A), 7-29-2014; Ord. 12872 § 4 (part), 2008)

A.

Submittal and approval of a landscaping and buffering plan for the entire site is required for the establishment of a new building facility (see Section 17.09.040 for definition), excluding any permitted Accessory Dwelling Units, and for additions to existing building facilities of over one thousand (1,000) square feet.

1.

Landscaping and buffering that is consistent with the "Design Guidelines for the HBX Zones" as adopted by the City Council;

2.

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

3.

A minimum of one (1) 15-gallon tree, or substantially equivalent landscaping as approved by the Director of City Planning, for every twenty-five (25) feet of street frontage or portion thereof. On streets with sidewalks where the distance from the face of the curb to the outer edge of the sidewalk is at least six and one-half (6½) feet, the trees shall be street trees to the satisfaction of the City's Tree Division.

At least one (1) 15-gallon tree in the parking lot for every six (6) parking spaces for projects that involve new or existing parking lots of three thousand (3,000) square feet or greater.

5.

A minimum of five (5) feet of landscaping shall be required adjacent to the front and street side property lines for parking lots of three thousand (3,000) square feet or greater. Where parking stalls face into this required area, the width of the required landscaping area shall be increased by two (2) feet unless wheel stops are installed.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13677, § 4(Exh. A), 1-18-2022; Ord. No. 13435, § 4(Exh. A), 5-22017; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13251, § 5(Exh. A), 7-29-2014; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. 12872 § 4 (part), 2008; Ord. 12776, § 3, Exh. A (part), 2006; Ord. 12772, § 1 (part), 2006)

The outdoor storage of materials shall not exceed sixteen (16) feet in height on a lot. Further, outdoor storage may not be higher than eight (8) feet if both: 1) the storage is within fifteen (15) feet from any property line of a lot containing Residential Activities, and 2) the storage faces any windows of a Residential Facility. Outdoor storage may also not be higher than eight (8) feet if it is within fifteen (15) feet from the front property line. The height of all outdoor storage shall also be restricted according to the Fire Code regulations. Sites with outdoor storage shall be screened in conformance with the adopted "Design Guidelines for the HBX Zones".

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13251, § 5(Exh. A), 7- 29-2014; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. 12872 § 4 (part), 2008; Ord. 12772, § 1 (part), 2006)

17.65.150 - Special regulations for HBX Work/Live units.

A.

Definitions. The following definitions apply to this Chapter only:

1.

In the HBX-4 Zone, an "HBX Work/Live unit" shall be considered a Commercially/Industrially Oriented Joint Living and Working Quarter under the Building Code. Any building permit plans for the construction or establishment of HBX Work/Live units in the HBX-4 Zone shall: (a) clearly state that the proposal includes Commercially/Industrially Oriented Joint Living and Working Quarters, and (b) label such units as Commercially/Industrially Oriented Joint Living and Working Quarters. This requirement is to assure the City applies building codes that allow a certain level of industrial activities in HBX-4 Work/Live units.

2.

In the HBX-1, HBX-2, and HBX-3 Zones, an "HBX Work/Live unit" means a room or suite of rooms that are internally connected maintaining a common household that includes: (1) cooking space and sanitary facilities that satisfy the provisions of other applicable codes, and (2) adequate working space reserved for, and regularly used by, one or more persons residing therein. An HBX Work/Live unit in the HBX-1, HBX-2,

and HBX-3 Zones accommodates both Residential and Nonresidential Activities, but emphasizes the accommodation of commercial activities. Such HBX Work/Live units shall meet all applicable regulations contained in this Section.

B.

The establishment of an HBX Work/Live unit is permitted in the HBX Zones if it meets and is consistent with the regulations and definitions contained in this Section.

C.

In the HBX-1, HBX-2, and HBX-3 Zones, regulations in this Section do not supersede regulations contained in Section 17.102.190 relating to the conversion of buildings originally designed for commercial or industrial activities into joint living and working quarters. In the HBX-4 Zone, however, regulations in this Chapter relating to HBX Work/Live units shall supersede the regulations contained in Section 17.102.190.

D.

Activity, parking, bicycle parking, loading, open space, and unit size standards. The following table contains the activities allowed in an HBX Work/Live unit; the minimum size of an HBX Work/Live unit; and the parking, loading, and open space required for each HBX Work/Live unit:

Notes:

1. See Chapter 17.116 for other off-street parking standards.

2. See Chapter 17.117 for other bicycle parking standards.

3. No additional open space is required for newly established HBX Work/Live units located entirely within an existing facility. However, if the amount of open space on the lot equals or is less than required, then that existing amount must be preserved with the establishment of new HBX Work/Live units. If there is more open space on the lot than required, then the amount of open space can be reduced to the minimum required. Each one (1) square foot of private usable open space equals two (2) square feet towards the total usable open space requirement. Also, all required usable open space shall meet the usable open standards contained in Chapter 17.126, except that all usable open space for HBX Work/Live units may be provided above ground.

4. Parking and loading standards apply to new construction and additions only. For conversion of existing buildings, maintaining existing parking and loading is required to at least these minimum standards.

E.

Each new HBX Work/Live unit shall qualify as at least one of the following Unit Types:

Notes:

1. In Types 1, 2, and 3, a kitchen may be open to non-residential floor area if it is adjacent to and directly accessible from residential floor area or stairs that lead to residential floor area. Counters, cabinets, sink and appliances and the floor area

that is four (4) feet in front of these items shall be considered residential floor area.

2. Except as indicated for the HBX-4 Zone, see Section 17.102.190 for regulations regarding converting facilities originally designed for industrial or commercial occupancy to Joint Living and Working Quarters.

F.

For HBX work/live units, residential and nonresidential floor areas shall be designated according to the following standards:

1.

Residential floor area shall be considered areas containing bedrooms, sleeping areas, and kitchens (not including kitchenettes).

2.

Nonresidential floor area shall include floor areas designated for working.

3.

The floor area of stairs and balconies shall not be considered floor area for the purpose of this Subsection.

4.

The floor area between residential rooms that will commonly be used for residential activities and foot traffic such as the corridors and areas between bedrooms, kitchens, residentially designated bathrooms, and other similar areas shall be considered residential floor area.

5.

The floor area of bathrooms shall be counted as residential or nonresidential based on whether it is most conveniently accessed from the residential or nonresidential portion of the unit. If there is only one (1) bathroom in the unit, one-half (½) of the bathroom shall be considered residential floor area and one-half (½) shall be considered nonresidential floor area;

6.

In kitchens open to non-residential floor area, counters, cabinets, sink and appliances and the floor area that is four (4) feet in front of these items shall be considered residential floor area.

7.

If any part of a loft or mezzanine is designated as residential space, then the entire loft or mezzanine space shall be considered residential floor area.

8.

The Planning Director shall determine the floor area designation when the above standards do not clearly apply.

G.

Each ground floor HBX work/live unit shall have at least one (1) public entrance that is directly adjacent to nonresidential floor area. A visitor traveling through this business entrance shall not be required to pass through any residential floor area in order to enter into the nonresidential area of the unit.

H.

Each unit shall contain at least one (1) tenant that operates a business within that unit. That tenant shall possess a valid and active City of Oakland Business Tax Certificate to operate a business out of the unit.

I.

For any HBX Work/Live unit, a statement of disclosure shall be: (1) provided to prospective owners or tenants before a unit or property is rented, leased, or sold; and (2) in any covenant, conditions, and restrictions associated with a facility. This statement of disclosure shall contain the following acknowledgments:

1.

The unit is in a Nonresidential Facility that allows commercial and/or light industrial activities that may generate odors, truck traffic, vibrations, noise and other impacts at levels and during hours that residents may find disturbing.

2.

Each unit shall contain at least one (1) tenant that operates a business within that unit. This tenant must possess an active City of Oakland Business Tax Certificate for the operation out of the unit.

J.

Each building with an HBX work/live unit shall contain a sign that: (1) is permanently posted; (2) is at a common location where it can be frequently seen by all tenants such as a mailbox, lobby, or entrance area; (3) is made of durable material; and (4) has a minimum dimension of nine (9) by eleven (11) inches and lettering at least one-half (½) an inch tall. This sign shall contain the following language; "This development contains work/live units. As such, please anticipate the possibility of odors, truck traffic, noise or other impacts at levels and hours that residents may find disturbing." Further, City of Oakland regulations require that each unit have a tenant that: (1) operates a business from that unit, and (2) possesses an active City of Oakland Business Tax Certificate for this business.

K.

HBX Work/Live units are Nonresidential Facilities and counted towards the nonresidential floor area ratio, not the residential density.

L.

Design Review requirement. Establishment of an HBX Work/Live unit shall conform to the design review criteria set forth in Chapter 17.136, and if Regular Design Review is applicable, to all of the following

additional criteria:

1.

That the exterior of a new building containing primarily HBX Work/Live units has a commercial or industrial appearance. This includes, but is not necessarily limited to, the use of nonresidential building styles or other techniques.

2.

That a building containing HBX Work/Live units has Nonresidential Activities and nonresidential floor area on the ground floor or level and at street fronting elevations.

3.

That units on the ground floor or level of a building have nonresidential floor area that is directly accessible from and oriented towards the street.

4.

That units on the ground floor or level of a building have a business presence on the street. This includes, but is not necessarily limited to, providing storefront style windows, roll-up doors, a business door oriented towards the street, a sign or other means that identifies the business on the door and elsewhere, a prominent ground floor height, or other techniques.

5.

That the layout of nonresidential floor areas within a unit provides a functional open area for working activities.

6.

That the floor and site plan for the project include an adequate provision for the delivery of items required for a variety of businesses. This may include, but is not necessarily limited to, the following:

a.

Service elevators designed to carry and move oversized items;

b.

Stairwells wide and/or straight enough to deliver large items;

c.

Loading areas located near stairs and/or elevators; and

d.

Wide corridors for the movement of oversized items.

7.

That the floor and site plan for the project provide units that are easily identified as businesses and conveniently accessible by clients, employees, and other business visitors.

(Ord. No. 13779, § 2(Exh. A), 1-16-2024; Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13518, § 4(Exh. A), 2-52019; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13270, § 3(Exh. A), 11-18-2014; Ord. No. 13251, § 5(Exh. A), 7-29-2014; Ord. No. 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; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12899 § 4, Exh. A (part), 2008; Ord. 12872 § 4 (part), 2008; Ord. 12776, § 3, Exh. A (part), 2006; Ord. 12772, § 1 (part), 2006)

17.65.160 - Special regulations for HBX Live/Work units.

A.

Definition. "HBX Live/Work unit" means a room or suite of rooms that are internally connected maintaining a common household that includes: (1) cooking space and sanitary facilities that satisfy the provisions of other applicable codes; and (2) adequate working space reserved for, and regularly used by, one or more persons residing therein. An HBX live/work unit accommodates both Residential and Nonresidential Activities. An HBX live/work unit meets all applicable regulations contained in this Section.

B.

The establishment of an HBX Live/Work unit is permitted in the HBX Zones if it meets and is consistent with the regulations and definitions contained in this Section.

C.

In the HBX-1, HBX-2, and HBX-3 Zones, regulations in this Section do not supersede regulations contained in Section 17.102.190 relating to the conversion of buildings originally designed for commercial or industrial activities into joint living and working quarters. In the HBX-4 Zone, however, regulations in this Chapter relating to HBX Live/Work units shall supersede the regulations contained in Section 17.102.190.

D.

Activity, parking, bicycle parking, loading, open space, and unit size standards. The following table contains the activities allowed in an HBX Live/Work unit, required off-street auto parking, required bicycle parking, the minimum size of an HBX Live/Work unit, and the loading and open space for each HBX Live/Work unit:

Notes:

1. See Chapter 17.116 for other off-street parking standards.

2. See Chapter 17.117 for other bicycle parking standards.

3. Chapter 17.116 contains other off-street loading standards. However, for new construction, the minimum height or length of a required berth listed in Chapter 17.116 may be reduced upon the granting of Design Review approval (see Chapter 17.136), and upon determination that such smaller dimensions are ample for the size and type of trucks or goods that will be foreseeably involved in the loading operations of the activity served. This design review requirement shall supersede the requirement stated in Section 17.116.220.

equired berth listed in Chapter 17.116 may be reduced upon the granting of Design Review approval (see Chapter 17.136), and upon determination that such smaller dimensions are ample for the size and type of trucks or goods that will be foreseeably involved in the loading operations of the activity served. This design review requirement shall supersede the requirement stated in Section 17.116.220.

4. Parking and loading standards shall apply to new construction and additions only. No additional parking or loading is required for HBX Live/Work units within an existing building. For conversion of existing buildings, maintaining the amount of existing parking and loading is required to at least these minimum standards. If there is more parking or loading spaces on the lot than required, then each can be reduced to the minimum required.

E.

The amount of floor area in an HBX Live/Work unit designated for and devoted to residential is not restricted.

F.

Any building permit plans for the construction of HBX Live/Work units shall: (1) clearly state that the proposal includes live/work facilities, and (2) label the units intended to be live/work units. This requirement is to assure the City applies building codes appropriate for a live/work facility.

G.

For any HBX Live/Work Facility a statement of disclosure shall be: (1) provided to prospective owners or tenants before a unit or property is rented, leased, or sold, and (2) in any covenant, conditions, and restrictions associated with a facility. This statement of disclosure shall contain an acknowledgment that the property is in a facility that allows commercial and/or light industrial activities that may generate odors,

truck traffic, vibrations, noise and other impacts at levels and during hours that residents may find disturbing.

H.

Each building with an HBX Live/Work unit shall contain a sign that: (1) is permanently posted; (2) is at a common location where it can be frequently seen by all tenants such as a mailbox, lobby, or entrance area; (3) is made of durable material; and (4) has a minimum dimension of nine by eleven inches and lettering at least one-half an inch tall. This sign shall contain the following language: "This development contains Live/Work units. As such, please anticipate the possibility of odors, truck traffic, noise or other impacts at levels and hours that residents may find disturbing."

I.

HBX Live/Work units are Residential Facilities, shall be counted towards the residential density, not the nonresidential floor area ratio, and may create "conversion rights" under the City's condominium conversion ordinance, Chapter 16.36. The same requirements contained in the City's condominium conversion ordinance that relate to residential units shall apply to HBX Live/Work units.

J.

Design Review requirement. Establishment of an HBX Work/Live unit shall conform to the design review criteria set forth in Chapter 17.136, and if Regular Design Review is applicable, to all of the following additional criteria:

1.

That the layout of nonresidential floor areas within a unit provides a functional and bona fide open area for working activities;

2.

That, where appropriate for the type of businesses anticipated in the development, the floor and site plan for the project include an adequate provision for the delivery of items required for a variety of businesses. This may include, but is not necessarily limited to, the following:

a.

Service elevators designed to carry and move oversized items;

b.

Stairwells wide and/or straight enough to deliver large items;

c.

Loading areas located near stairs and/or elevators; and

d.

Wide corridors for the movement of oversized items.

(Ord. No. 13779, § 2(Exh. A), 1-16-2024; Ord. No. 13763 § 5, 10-3-2023; Ord. No. 13779, § 2(Exh. A), 1-162024; Ord. No. 13518, § 4(Exh. A), 2-5-2019; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13251, § 5(Exh. A), 7-29-2014; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12899 § 4, Exh. A (part), 2008; Ord. 12872 § 4 (part), 2008; Ord. 12776, § 3, Exh. A (part), 2006; Ord. 12772, § 1 (part), 2006)

17.65.170 - Special regulations for Planned Unit Developments.

A.

Planned Unit Developments. Large integrated developments in the HBX Zones 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 HBX Zones, and certain of the other regulations applying in said zones may be waived or modified. The normally required design review process may also be waived for developments at the time of initial granting of a Planned Unit Development (PUD) permit. Unless otherwise specified in the PUD permit, any future changes within the Planned Unit Development shall be subject to applicable design review regulations.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13251, § 5(Exh. A), 7- 29-2014; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12872 § 4 (part), 2008; Ord. 12772 § 1 (part), 2006; Ord. No. 13677, § 4(Exh. A), 1-18-2022)

Editor's note— Ord. No. 13677, § 4(Exh. A), adopted Jan. 18, 2022, amended the title of § 17.65.170 to read as herein set out. The former § 17.65.170 title pertained to special regulations for Mini-Lot and Planned Unit Developments.

17.65.180 - Other zoning provisions.

A.

Parking and Loading. Off-street parking and loading shall be provided as prescribed in the off-street parking and loading requirements in Chapter 17.116.

B.

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

C.

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

D.

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

E.

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

F.

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

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13251, § 5(Exh. A), 7-29-2014; Ord. No. 13172, § 3(Exh. A), 7-22013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12884 § 2 (part), 2008; Ord. 12872 § 4 (part), 2008; Ord. 12772, § 1 (part), 2006)

Chapter 17.72 - M-40 INDUSTRIAL ZONES REGULATIONS[[34]]

Footnotes:

--- ( 34 ) ---

Editor's note— Ord. No. 13172, § 3(Exh. A), adopted July 2, 2013, repealed and reenacted Chapter 17.72 in its entirety to read as herein set out. Formerly, Chapter 17.72, §§ 17.72.010—17.72.140, pertained to M- 40 heavy industrial zone regulations and derived from the prior planning code, §§ 5800, 5802—5804, 5806, 5808, 5809, 5813, 5814, 5819, 5820, 5822, 5824; Ord. No. 11807, § 4, adopted 1995; Ord. No. 11854, §§ 13, 14, adopted 1996; Ord. No. 11889, §§ 2, 3, adopted 1996; Ord. No. 11904, §§ 5.67, 5.72—5.74, 5.65, adopted 1996; Ord. No. 11956, §§ 7, 8, adopted 1996; Ord. No. 12021, § 10, adopted 1997; Ord. No. 12072, §§ 10, 11, adopted 1998; Ord. No. 12147, § 3, adopted 1999; Ord. No. 12234, §§ 2, 3, adopted 2000; Ord. No. 12425, § 2, adopted 2002; Ord. No. 12450, § 17, adopted 2002; Ord. No. 12606, Att. A, adopted 2004; Ord. No. 12776, § 3(Exh. A), adopted 2006; Ord. No. 12884, § 2, adopted 2008; Ord. No. 12899, § 4(Exh. A), adopted 2008; Ord. No. 12939, § 4(Exh. A), adopted June 16, 2009; Ord. No. 12999, § 4(Exh. A), adopted March 16, 2010; Ord. No. 13028, § 2(Exh. A), adopted July 20, 2010, and Ord. No. 13064, § 2(Exh. A), adopted March 15, 2011.

Editor's note— Ord. No. 13357, § 3(Exh. A), adopted February 16, 2016, repealed the former Section 17.103.025 in its entirety, which pertained to crematories, and derived from Ord. No. 13256, § 4(Exh. A), adopted September 23, 2014.

Article III - Commercial Activities

17.103.030 - Fast-Food Restaurant and Convenience Market Commercial Activities, and Establishments Selling Alcoholic Beverages.

A.

Use Permit Criteria for Fast-Food Restaurants, Convenience Markets, and Establishments Selling Alcoholic Beverages. A Conditional Use Permit for any conditionally permitted Fast-Food Restaurant, Convenience Market, or Alcoholic Beverage Sales Commercial Activity may be granted only upon determination that the proposal conforms to the general use permit criteria set forth in the Conditional Use Permit procedure in Chapter 17.134, to any and all applicable use permit criteria set forth in the particular individual zone regulations, and to all of the following additional use permit criteria:

1.

That the proposal will not contribute to undue proliferation of such uses in an area where additional ones would be undesirable, with consideration to be given to the area's function and character, problems of crime and loitering, and traffic problems and capacity;

2.

That the proposal will not adversely affect adjacent or nearby churches, temples, or synagogues; public, parochial, or private elementary, junior high, or high schools; public parks or recreation centers; or public or parochial playgrounds;

3.

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

4.

That the proposed development will be of an architectural and visual quality and character which harmonizes with, or where appropriate enhances, the surrounding area;

5.

That the design will avoid unduly large or obtrusive Signs, bleak unlandscaped parking areas, and an overall garish impression;

6.

That adequate litter receptacles will be provided where appropriate;

7.

That where the proposed use is in close proximity to residential uses, and especially to bedroom windows, it will be limited in hours of operation, or designed or operated, so as to avoid disruption of residents' sleep between the hours of 10:00 p.m. and 7:00 a.m.;

8.

That proposals for new Fast-Food Restaurants must substantially comply with the provisions of the Oakland City Planning Commission "Fast-Food Restaurant—Guidelines for Development and Evaluation" (OCPD 100-18).

B.

Special Restrictions on Establishments Selling Alcoholic Beverages.

1.

No Alcoholic Beverage Sales Commercial Activity or sale of alcoholic beverages shall be located closer than one thousand (1,000) feet to any other establishment selling alcoholic beverages measured between closest building walls, except:

a.

On-sale retail licenses located in the Central District (defined in Section 17.09.040); or

b.

Off-sale retail licenses that fall within the exception for CUP for Alcoholic Beverage Sales Commercial Activities listed in Table 17.101K.01, L.30 and are located in the Central District (defined in Section 17.09.040); or

c.

If the activity is in conjunction with a Full-Service Restaurant or Limited-Service Restaurant and Cafe Commercial Activity; or

d.

Establishments with twenty-five (25) or more full time equivalent (FTE) employees or a total floor area of twelve thousand (12,000) square feet or more; or

e.

If the activity is in conjunction with the on-sale and/or off-sale of alcoholic beverages at an alcoholic beverage manufacturer:

i.

For the purposes of this Chapter only, an "alcoholic beverage manufacturer" means a Custom or Light Manufacturing Industrial Activity producing alcoholic beverages as a principal activity, with a State of California Department of Alcoholic Beverage Control (ABC) license type that includes, but is not limited to, a Type 02 (Winegrower) or Type 23 (Small Beer Manufacturer). The ABC license type shall not consist solely of a bar or liquor store license type, such as a Type 48, 20, or 21. The on-sale and/or off-sale of alcoholic beverages at such an alcoholic beverage manufacturer are excluded from the definition of Alcoholic Beverage Sales Commercial Activities, as specified in Section 17.10.300.

ii.

The sale of alcoholic beverages at an alcoholic beverage manufacturer is only permitted upon the granting of a Minor Conditional Use Permit (CUP), regardless of whether such Custom or Light Manufacturing Industrial Activity is otherwise allowed by right in the underlying zone (see Chapter 17.134 for the CUP procedure).

iii.

Also, no additional CUP findings are required, regardless of whether such sale of alcoholic beverages at an alcoholic beverage manufacturer meets normally required separation requirements, and/or is located in an over-concentrated area.

2.

In addition to the above criteria, projects located outside of the Central District, the Hegenberger Road Corridor, and the D-CO-2 and D-CO-3 Zones shall meet all of the following criteria to make a finding of Public Convenience or Necessity, with the exception of those projects that will result in a total floor area of twelve thousand (12,000) square feet or more:

a.

The proposed project is not within one thousand (1,000) feet of another alcohol outlet (not including FullService Restaurant and Limited-Service Restaurant and Cafe Commercial Activities), school, licensed day care center, public park or playground, churches, senior citizen facilities, and licensed alcohol or drug treatment facilities; and

b.

Police department calls for service within the "beat" where the project is located do not exceed by twenty percent (20%), the average of calls for police service in police beats Citywide during the preceding one (1) calendar year.

3.

See Chapter 17.156 for Deemed Approved Alcoholic Beverage Sale regulations.

4.

Standards for Limited-Service Restaurant and Cafe Commercial Activities that include the service of alcoholic beverages:

a.

Hours of operation shall not exceed a closing time of 12:00 a.m., unless a Cabaret Permit is obtained.

b.

Food service shall be offered at all times the Limited-Service Restaurant or Cafe is open, with the exception that the establishment may elect to close the kitchen up to two (2) hours prior to closing.

c.

Minors shall be admitted at all times, unless a Entertainment Venue Permit is obtained.

d.

No admission shall be charged, unless a Entertainment Venue Permit is obtained.

e.

Window clarity shall be maintained at or restored to fifty percent (50%) minimum.

f.

Floor plan shall depict a dining area and no bar.

g.

Off-sale (retail bottle sales of beer and/or wine) shall be considered with to-go food orders after a period of six (6) months of operation by same operator and upon completion of a satisfactory administrative

compliance review.

h.

Sale of alcoholic beverages shall not exceed fifty percent (50%) of total revenues.

i.

That where the proposed use is abutting and facing residential uses, and especially to bedroom windows, it will be limited in hours of operation, or designed or operated, so as to avoid disruption of residents' sleep between the hours of 10:00 p.m. and 7:00 a.m.

j.

Applicants for projects involving alcohol sales are encouraged to conduct outreach early in the permit review process, including but not limited to, contact with the City Council District Office, Neighborhood Crime Prevention Council/NCPC (can be contacted through the City's Neighborhood Service Coordinators), merchant groups, and any other applicable neighborhood groups. Outcomes should be reported to the Planning Bureau in writing.

C.

Special Restrictions Applying to Fast-Food Restaurants.

1.

No Fast-Food Restaurant Commercial Activity shall be located within a one thousand (1,000) foot radius of an existing or approved Fast-Food Restaurant, as measured from the center of the front property line of the proposed site, except in the Central District (defined in Section 17.09.040), within the main building of Shopping Center Facilities, and in the D-CO-2 and D-CO-3 Zones.

2.

Fast-Food Restaurants with Drive-Through Facilities shall not be located within three hundred (300) feet of a lot line adjacent to the Hegenberger Road or Oakport Street right-of-way, or five hundred (500) feet of a public or private elementary school, park, or playground.

3.

Access. Ingress and egress to Fast-Food Facilities shall be limited to commercial arterial streets rather than residential streets. No direct access shall be provided to adjacent residential streets which are less than thirty-two (32) feet in pavement width. Exceptions to either of the requirements may be obtained where the City Traffic Engineer determines that compliance would deteriorate local circulation or jeopardize the public safety. Any such determination shall be stated in writing and shall be supported with findings. Driveway locations and widths and entrances and exits to Fast-Food Facilities shall be subject to the approval of the City Traffic Engineer.

4.

Trash and Litter. Disposable containers, wrappers and napkins utilized by Fast-Food Restaurants shall be imprinted with the restaurant name or logo.

5.

Vacated/Abandoned Fast-Food Facilities. The project sponsor of a proposed Fast-Food Facility shall be required to obtain a performance bond, or other security acceptable to the City Attorney, to cover the cost of securing and maintaining the facility and site if it is abandoned or vacated within a prescribed high-risk period. As used in this code, the words "abandoned" or "vacated" shall mean a facility that has not been operational for a period of thirty (30) consecutive days, except where nonoperation is the result of maintenance or renovation activity pursuant to valid City permits. The defined period of coverage is four (4) years following the obtaining of an occupancy permit. The bond may be renewed annually, and proof of renewal shall be forwarded to the Director of City Planning. The bond amount shall be determined by the City's Risk Manager and shall be adequate to defray expenses associated with the requirements outlined below. Monitoring and enforcement of the requirements set forth in this Section shall be the responsibility of the Building Official, pursuant to Chapter 8.24 of the Oakland Municipal Code (O.M.C.) and those sections of the Oakland Building Code which are applicable.

If a Fast-Food Facility has been vacated or abandoned for more than thirty (30) consecutive days, the project sponsor shall be required to comply with the following requirements, pursuant to the relevant cited City, County and State codes:

a.

Enclose the property with a security fence and secure the facility;

b.

Post signs indicating that vehicular parking and storage are prohibited on the site (10.16.070 O.T.C. and 22658 C.V.C.), and that violators will be cited, and vehicles towed at the owner's expense, and that it is unlawful to litter or dump waste on the site (Sections 374b.5 C.P.C. and 374b C.P.C.). All signs shall conform to the limitations on signs for the specific zone and shall be weatherproof and of appropriate size and standard design for the particular function;

c.

Install and maintain security lighting as appropriate and required by the Oakland Police Department;

d.

Keep the site free of handbills, posters and graffiti and clear of litter and debris pursuant to Section 8.38.160 of the O.M.C.;

e.

Maintain existing landscaping and keep the site free of overgrown vegetation.

(Ord. No. 13812, § 4(Exh. A), 7-30-2024; Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13527, § 2, 4-2-2019; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13302, § 5(Exh. C), 4-21-2015; Ord. No. 13270, § 3(Exh. A), 11-18-2014; Ord. No. 13172, § 3(Exh. A), 7-2-2013)

17.103.040 - Check Cashier and Check Cashing Commercial Activities.

A.

Additional Use Permit Criteria. A conditional use permit for any conditionally permitted Check Cashier and Check Cashing Commercial Activity 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, to any and all applicable use permit criteria set forth in the particular individual zone regulations. and to all of the following performance standards:

1.

That each Check Cashier and Check Cashing Commercial Activity be located not less than one thousand (1,000) feet from the nearest Check Cashier and Check Cashing Commercial Activity within the City of Oakland.

2.

That each Check Cashier and Check Cashing Commercial Activity be a minimum of five hundred (500) feet from the following Activities, which on the date of an application for Check Cashier and Check Cashing Commercial Activity had a vested right under California law to operate:

a.

Community Education Civic Activities;

b.

State or federally chartered bank, savings association, credit union, or industrial loan company;

c.

Community Assembly Civic Activities;

d.

Recreational Assembly Civic Activities; or

e.

Alcoholic Beverage Sales Commercial Activities, excluding Full-service restaurants and Alcoholic Beverage Sales Commercial Activities with twenty-five (25) or more full time equivalent (FTE) employees and a total floor area of twenty thousand (20,000) square feet or more. (Note that this precludes combining Check Cashier and Check Cashing Commercial Activity with Alcoholic Beverage Sales Commercial Activities because Alcoholic Beverage Sales Commercial Activities are always considered a primary activity and therefore subject to this distance standard).

3.

That each Check Cashier and Check Cashing Commercial Activity meets the following performance standards and that these performance standards are included as standard conditions of approval. These performance standards may be amended or expanded by Staff and/or the Planning Commission as they are applied to individual locations and projects:

a.

A lighting plan shall be reviewed and approved by the Zoning Administrator prior to issuing building permits and installed prior to establishing the activity. Exterior lighting shall be provided on all frontages. Such lighting shall be designed to illuminate persons standing outside such that they can be identified fifty (50) feet away. Exterior lighting shall be designed so as not to cast glare offsite.

b.

Storefronts shall have glass or transparent glazing in the windows and doors. No more than ten percent (10%) of any window or door area shall be covered by signs, banners, or opaque coverings of any kind so that law enforcement personnel will have clear view of the entire public area in the premises from the public sidewalk.

c.

Days and hours of operation shall be, no earlier than 7:00 a.m. nor later than 7:00 p.m. Monday through Saturday. Patrons shall be discouraged from loitering prior to, during and/or after hours. At least one (1) no loitering sign with letters at least two (2) inches tall shall be installed and maintained where it will be most visible to pedestrians on each side of the building in which the activity is located including, but not limited to, street frontages and parking lots.

d.

Graffiti shall be removed within seventy-two (72) hours of application.

e.

No exterior pay telephones shall be permitted.

f.

Litter shall be removed at least two (2) times daily or as needed from in front of and for twenty (20) feet beyond the building along adjacent street(s). All "street furniture" such as crates or mattresses shall be removed daily or as needed.

g.

The applicant shall post at least one (1) certified uniformed security guard on duty at all times the business is open. The security guard shall patrol the interior and all exterior portions of the property under control of the owner or lessee including, but not limited to, parking lots and any open public spaces such as lobbies.

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

A.

A Conditional Use Permit for any Transient Habitation Commercial Activity may only be granted upon determination that the proposal conforms to the general use permit criteria (see Section 17.134.050) and to all of the following additional use permit criteria:

1.

That the proposal is consistent with the goal of attracting first-class, luxury hotels in downtown, along the waterfront, near the airport, along the I-880 freeway, in a specific plan area, and/or in an area with a concentration of amenities for hotel patrons, including but not limited to restaurant, retail, recreation, open space and exercise facilities, and is well-served by public transit;

2.

That the proposal considers the impact of the employees of the hotel or motel on the demand in the City for housing, public transit, and social services;

3.

That the proposed development will be of an architectural and visual quality and character which harmonizes and enhances the surrounding area, and that such design includes:

a.

Site planning that insures appropriate access and circulation, locates building entries which face the primary street, provides a consistent development pattern along the primary street, and insures a design that promotes safety for its users;

b.

Landscaping that creates a pleasant visual corridor along the primary streets with a variety of local species and high quality landscape materials;

c.

Signage that is integrated and consistent with the building design and promotes the building entry, is consistent with the desired character of the area, and does not detract from the overall streetscape;

d.

The majority of the parking located either to the side or rear of the site, or where appropriate, within a structured parking facility that is consistent, compatible and integrated into the overall development;

e.

Appropriate design treatment for ventilation of room units as well as structured parking areas; and prominent entry features that may include attractive porte-cocheres;

f.

Building design that enhances the building's quality with strong architectural statements, high quality materials particularly at the pedestrian level, and appropriate attention to detail;

g.

Lighting standards for hotel buildings, grounds and parking lots that are not overly bright and direct the downward placement of light.

4.

That the proposed development provides adequately buffered loading areas and to the extent possible, are located on secondary streets;

5.

The proposed operator of the facility shall be identified as part of the project description at the time of application.

B.

See Chapter 17.157 for Deemed Approved Hotel regulations.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13270, § 3(Exh. A), 11-18-2014; Ord. No. 13251, § 5(Exh. A), 7-29-2014; Ord. No. 13172, § 3(Exh. A), 7-2-2013)

17.103.055 - Special Regulation regarding Automotive Fee Parking.

A.

Automotive Fee Parking is permitted regardless of the use regulations of the underlying zone, as specified in Subsection 1. or 2., below.

1.

For parking that is not devoted to car share services, the Facility meets all of the following:

a.

It is further than one-half (½) a mile from a BART Station;

b.

It is in an RU-5 Zone, or any Commercial Zone except a D-BV, S-15, CR, HBX, or D-CO-1 Zone; and

c.

It is on a parcel with a principal Enclosed Nonresidential Facility that contains a principal Nonresidential Activity other than an Auto Fee Parking Commercial Activity.

For parking that is devoted to car share services, the Facility is in an RU-5 Zone or any Commercial Zone.

B.

Required parking for a use on the same lot may be used for the Automotive Fee Parking described in Subsection A., above.

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

Article IV - Industrial Activities

17.103.060 - Recycling and Waste-Related Industrial Activities—Primary Recycling Collection Centers.

A.

Applicability. This Section applies to Recycling and Waste-Related Industrial Activities - Primary Collection Centers that are located in any zone. Where there is any apparent conflict between these regulations and regulations contained elsewhere in the Oakland Planning Code, and/or with conditions of approval, the more stringent shall govern.

B.

Performance Standards. In addition to the performance standards set forth in Chapter 17.120, the performance standards specified in Subsection 17.73.035.B shall be uniformly applied, as applicable, and the relief from the performance standards in Subsection 17.73.035.C shall apply to all Primary Collection Centers.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13172, § 3(Exh. A), 7-2-2013)

17.103.065 - Truck-Intensive Industrial Activities.

A.

Definitions. For the purposes of this regulation, the following definitions apply:

1.

"Sensitive Receptor Locations" are locations where sensitive receptors (children, elderly, asthmatics, and others at a heightened risk of negative health outcomes due to exposure to air pollution) congregate - including but not limited to schools, parks and recreational centers, playgrounds, childcare facilities, senior centers, hospitals and residences.

2.

"Truck-Intensive Industrial Activities" include all Industrial Activities that fall under the following activity classifications as described in Chapter 17.10:

a.

General Manufacturing;

b.

Heavy/High Impact Manufacturing;

c.

Construction Operations;

d.

Warehousing, Storage and Distribution;

e.

Regional Freight Transportation - Rail Yards;

f.

Trucking and Truck-Related; and

g.

Recycling and Waste-Related - Primary Recycling Collection Centers.

B.

Special Conditional Use Permit Criteria. In the M-40, CIX, IG, IO, D-DT-JLI, D-CE-5, D-CE-6, D-CO-5, and D-CO-6 Zones, a Conditional Use Permit is required for a Truck-Intensive Industrial Activity to be located within six hundred (600) feet of any Residential Zone boundary and shall only be granted upon determination that the proposal conforms to the general criteria set forth in the Conditional Use Permit procedure (see Section 17.134.050) and to all of the following additional use permit criteria:

1.

That truck traffic, truck idling, truck loading, and manufacturing activities associated with the proposal will not adversely affect sensitive receptor locations within six hundred (600) feet of the site in terms of air quality, noise, parking, and vibrations. Means of demonstrating compliance with these criteria include, but are not limited to, the following measures:

a.

Locating truck loading, truck idling, truck ingress and egress, vents, smokestacks and other sources of air contaminants so as to minimize impacts on sensitive receptor locations;

b.

Sizing truck loading areas to allow for easy truck entrance, egress, and maneuvering;

c.

Providing sufficient onsite parking and maneuvering areas for trucks, cars, and heavy equipment;

d.

Meeting local, regional, and state requirements regarding air quality and performance standards;

e.

Incorporating measures to assure trucks follow designated truck routes;

f.

Installing landscaping, vegetative buffers and/or walls to reduce diesel air contamination, contamination due to manufacturing operations, or any other sources of air contamination; and

g.

Limiting adverse effects regarding dust - including dust resulting from tire and brake wear.

C.

Special Performance Standards (in addition to those Performance Standards contained in Chapter 17.120). Truck-Intensive Industrial Activities in the M-40, CIX, IG, IO, D-DT-JLI, D-CE-5, D-CE-6, D-CO-5, and D- CO-6 Zones located within six hundred (600) feet of any Residential Zone boundary shall be subject to the following special requirements to ensure that the criteria contained in Subsection B, above are fulfilled:

1.

Truck access points to the activity site shall only be from truck routes designated by the City of Oakland;

2.

All trucks associated with the activity shall comply with California Air Resources Board idling regulations;

3.

All loading docks shall have electric plug-in capabilities;

4.

New truck parking areas and loading docks shall be sited so as to minimize impacts on sensitive receptor locations, including, but not limited to, orienting them away from residential and open space areas;

5.

Identification, directional and informational signs shall be provided on site. At a minimum, the following information shall be posted:

a.

Business Identification. 24-hour contact information of facility operator near the entrance(s) and perimeter of the facility;

b.

A map of authorized truck routes to the facility posted at the office and available to customers, truck operators, and the public; and

c.

"No Idling" signs near loading docks and truck parking and staging areas.

6.

After business hours, all facility-owned vehicles shall be stored on-site or at an approved alternative offstreet location;

7.

The operation shall meet the requirements of the Bay Area Air Quality Management District (BAAQMD);

8.

The proposal shall comply with all applicable performance standards contained in Chapter 17.120;

9.

All equipment shall be maintained and kept in good working order and meet current regional and state air quality standards;

10.

The business operator shall maintain a 24-hour "hotline" where neighbors can log complaints regarding nuisance activity associated with or emanating from the facility. Complaint logs shall be maintained and made available to the City for inspection/copying upon reasonable notice.

D.

Standard Buffering and Landscaping Condition for Truck-Intensive Industrial Activities in the M-40, CIX, IG, IO, D-DT-JLI, D-CE-5, D-CE-6, D-CO-5, and D-CO-6 Zones. A combination of wall and vegetative buffer shall be used as a method to block diesel and other emissions from sensitive receptor locations. For a vegetative buffer, dense rows of trees and other vegetation between sensitive receptor locations and emission sources shall be planted. See Appendix A. of the City of Oakland's Gateway Industrial District Design Standards for approved landscape buffers and a plant list. Street trees as required by Section 17.124.025 shall also be installed. All required planting shall be permanently maintained in good growing condition and, whenever necessary, replaced with new plant materials to ensure continued compliance with applicable landscaping requirements. All required irrigation systems shall be permanently maintained in good condition, and, whenever necessary, repaired or replaced.

(Ord. No. 13812, § 4(Exh. A), 7-30-2024; Ord. No. 13763, § 5, 10-3-2023)

Article V - Agricultural and Extractive Activities

See Chapter 17.155 for special regulations regarding Mining and Quarrying Extractive Activities.

(Ord. No. 13172, § 3(Exh. A), 7-2-2013)

Article VI - Residential Facilities

17.103.080 - Accessory Dwelling Units in conjunction with One-Family, Two- to Four-Family, and Multifamily Dwelling Residential Facilities.

The following regulations shall apply to the construction, establishment, or alteration of Accessory Dwelling Units (ADUs), as those dwelling unit types are defined in Chapter 17.09:

A.

Regulations Applying to All Accessory Dwelling Units.

1.

Ministerial Approval. An application for an Accessory Dwelling Unit (ADU) shall be granted ministerial approval when it complies with all applicable zoning regulations, including, but not limited to, all provisions in this Section (17.103.080) and in Planning Code Chapter 17.88, unless the application is part of a proposal that separately requires discretionary review; in which case, the review time for the ADU application can be extended to coincide with the review time of the associated discretionary permit.

2.

No Short-Term Rental of ADUs. Rental of an ADU shall only be for terms of longer than thirty (30) consecutive days.

3.

Sale of Unit. An Accessory Dwelling Unit shall not be sold separately from the primary Residential Facility on the same lot unless otherwise permitted under State law, and except for under the provisions outlined in Government Code Section 65852,26.

4.

Replacement Parking. If a covered or uncovered parking space is removed to construct an Accessory Dwelling Unit, no replacement parking is required.

5.

Compliance with all Code and Permit Requirements Imposed by other Applicable City Departments. Unless specified otherwise in local code or State law, an Accessory Dwelling Unit shall comply with all code and permit requirements imposed by other applicable City departments, including, but not limited to, the requirement for a building permit.

Permitted Locations for ADUs. Subject to restrictions set forth in Chapter 17.88 and Section 17.103.080(A) (8) of this Chapter, ADUs are permitted on lots in zoning districts that permit Permanent Residential Activities, and in conjunction with an existing or proposed primary Residential Facility.

7.

Restriction of ADUs in Certain Locations Based on Traffic Flow and Public Safety.

See Chapter 17.88 for limitations on ADUs in the S-9 Fire Safety Protection Combining Zone.

Development of ADUs is restricted with certain exceptions specified in Chapter 17.88 to one interior conversion Category One ADU within the existing envelope of a primary structure or one Junior Accessory Dwelling Unit (Junior ADU or JADU) per One-Family, Two- to Four-Family, or Multifamily lot. See the S-9 Fire Safety Protection Combining Zone Map Overlay ("Overlay Zone") Map to determine if the lot where the ADU is proposed is within the S-9 Zone.

8.

Kitchens. Each ADU and JADU shall have a kitchen that is independent from the primary Residential Facility, and includes all of the following: A sink, cooking facility with appliances, a food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the dwelling unit. A JADU is required to contain at least an efficiency kitchen, which shall include a cooking facility with appliances, and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.

9.

Entrance for ADU and JADU. A separate exterior entrance that is independent from the primary Residential Facility is required for each ADU and JADU. When feasible, an exterior stairway proposed to serve an ADU or JADU on a second story or higher shall not be visible from the front public right-of-way.

10.

Objective Design Standards for Properties Listed in the California Register of Historic Resources.

a.

Attached and detached Category Two and/or converted Category One ADUs located at the front or side of a main building and visible from the front public right-of-way shall incorporate the same roof pitch, visually matching exterior wall material, and predominant door and window trim, sill, recess, and style as the primary dwelling structure, with an option of approving different finishes or styles through the Small Project Design Review process as set forth in Section 17.136.030. ADUs of these types that are located to the rear of a main building are not subject to this design standard or alternative review process.

b.

Attached or detached garages located to the front or side of a main building and converted to ADUs shall replace the garage doors with visually similar exterior wall materials, and door and window trim as the primary Residential Facility, with an option of approving different finishes or styles through the Small Project

Design Review process as set forth in Section 17.136.030. Attached or detached garages located to the rear of a main building and converted to ADUs are not subject to this design standard or alternative review process.

c.

This subsection 10 does not apply to ADUs built pursuant to California Government Code § 66323.

11.

Balconies and Decks. Category Two ADUs and Category One ADU conversions that include expansion of existing building envelope shall not contain upper story balconies, decks, or rooftop terraces if the proposed elements do not meet the established requirements of the underlying zone.

12.

California Register Properties and Districts, For ADUs proposed for California Register Property as defined in Section 17.09.040, the following shall apply:

a.

Placement of an ADU in front of a main building on a California Register Property is only allowed if the lot conditions or requirements preclude an ADU of a minimum allowed size (established by Tables 17.103.01 and 17.103.02) anywhere else on the lot.

b.

Any new attached or detached ADU on a California Register Property shall be located in the following order of preference:

i.

First, behind the main structure;

ii.

Next, to the side of the main structure;

iii.

Last, in front of the main building.

c.

A consultation with Historic Preservation Staff is required for Category One and/or Category Two ADUs on a California Register Property visible from the public right-of-way. Such consultation shall not preclude the need for ministerial approval of an ADU that meets the standards of Government Code Section 65852.2(e). The Planning Director, or his or her designee, is authorized to develop objective design standards for the development of ADUs in historic districts or on a California Register Property to ensure preservation of historic resources.

d.

This subsection 12 does not apply to ADUs built pursuant to California Government Code § 66323.

13.

Planned Unit Developments (PUDs). ADUs proposed on Planned Unit Developments (PUDs) must comply with requirements of Chapter 17.142 and Section 17.103.080.

14.

Planning Code Amnesty and Enforcement Delay of Building Code for ADUs that Do Not Have Prior Planning or Building Approval.

a.

Existing Accessory Dwelling Units built and occupied without prior Planning or Building approval shall be referred to in this Section as "Unpermitted Accessory Dwelling Units."

b.

The owner of an Unpermitted Accessory Dwelling Unit has a right to request: (1) amnesty from any violation of a zoning standard under the Planning Code if the Unpermitted Accessory Dwelling Unit was established and occupied prior to January 1, 2021; and (2) delay in enforcement of the Building Code, and local amendments thereof, as adopted under O.M.C. Title 15 if the Unpermitted Accessory Dwelling Unit was built prior to the effective date of this Section.

c.

The Planning Code amnesty and enforcement delay programs provided in this Section are available to any property owner whose Unpermitted Accessory Dwelling Unit meets the program requirements provided within this Section. The City shall not deny a permit for an unpermitted ADU that was constructed prior to January 1, 2021 due to either of the following: (1) the ADU is in violation of the building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code, or (2) the ADU does not comply with Section 65852.2 or any local ordinance regulating ADUs. However, a local agency may deny a permit for an Accessory Dwelling Unit if the local agency makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure.

d.

Until January 1, 2030, any notice to correct a violation of any provision of the Planning or Building Code building standards pursuant to Oakland Municipal Code (O.M.C.) Titles 15 or 17 that is issued to an owner of an Unpermitted Accessory Dwelling Unit built before the effective date of this Section shall contain a statement that the owner of the Unpermitted Accessory Dwelling Unit has a right to request: (1) amnesty from any violation of a zoning standard under the Planning Code that would preclude the preservation of an Unpermitted Accessory Dwelling Unit that was established and occupied prior to January 1, 2021; and (2) delay in enforcement of the Building Code, and local amendments thereof, as adopted under O.M.C. Title 15 if the Unpermitted Accessory Dwelling Unit was built prior to the effective date of this Section. Said

notice shall also inform the owner that any penalties arising out of any zoning or building violations shall be waived leading up to the zoning amnesty and during the term of the Building Code enforcement delay. The applicant shall bear the burden of proof in establishing the date when the Unpermitted Accessory Dwelling Unit was established and occupied for the Planning Code amnesty program, or when the building was built for the Building Code enforcement delay.

e.

The owner of an Unpermitted Accessory Dwelling Unit that can provide suitable proof that said unit was established and occupied prior to January 1, 2021 may, in the form and manner prescribed by the Planning and Building Director or his or her designee, submit an application to the Planning and Building Director or his or her designee requesting that the Unpermitted Accessory Dwelling Unit obtain amnesty from any violation of the City's zoning standards that would preclude the preservation of the Unpermitted Accessory Dwelling Unit. In addition, the owner of said unit may also request delay in enforcement of a Building Code violation if the Unpermitted Accessory Dwelling Unit was built prior to the effective date of this Section. The Building Code enforcement delay shall be for a period of no more than five (5) years on the basis that correcting the violation is not necessary to protect the public health and safety.

f.

The applicant's amnesty request to resolve violations of zoning standards shall be processed as specified in Planning Code Chapter 17.136, but shall not be available to Unpermitted Accessory Dwelling Units: (1) that are located in the City's S-9 Zone; or (2) where the owner cannot establish that the Unpermitted Accessory Dwelling Unit was established and occupied prior to January 1, 2021.

g.

The Planning and Building Director or his or her designee shall grant the owner's Building Code enforcement delay request if the Planning and Building Director or his or her designee determines that correcting the Building Code violation is not necessary to protect the public health and safety. In making this determination, the Planning and Building Director or his or her designee shall consult with the entity responsible for enforcement of building standards and other regulations of the State Fire Marshal pursuant to Government Code Section 13146.

h.

Any Building Code enforcement delay shall remain in effect no later than January 1, 2035, and as of that date is repealed.

B.

Property Development Standards applying to One-Family ADUs. Table 17.103.01 below describes the property development standards which apply to the specified types of One-Family ADUs. The different types of ADUs are defined in Chapter 17.09. The number designations in the "Notes" column refer to the regulations listed at the end of the Table. "N/A" designates the standard is not applicable to the specified ADU type.

Table 17.103.01: Property Development Standards applying to One-Family ADUs

Notes for Table 17.103.01:

1. A homeowner may create one Category One ADU, one Category Two ADU, and one JADU, in any order, totaling up to three (3) units.

2. At least a minimum square footage that permits an Efficiency Dwelling Unit as defined in the California Building Code.

3. The maximum size is inclusive of any allowed expansion of existing building envelope of up to one hundred fifty (150) square feet for the purpose of ingress and egress. For a Category 1 ADU, expansion of an existing structure that is greater than one hundred fifty (150) square feet, the maximum total size, inclusive of the addition is eight hundred fifty (850) square feet. For a studio or one-bedroom or one thousand (1,000) square feet. For two-bedroom or more and the expansion must meet the setbacks.

4. For demolition of an existing accessory structure that is reconstructed in the same location and to the same dimensions, there is an allowed addition for ingress and egress of up to one hundred fifty (150) square feet. For demolitions of an existing accessory structure that is reconstructed in the same location and expanded beyond one hundred fifty (150) square feet, the entire structure must be built in compliance with setbacks for Category Two ADU.

5. If the ADU requires an expansion of up to one hundred fifty (150) square feet for the exclusive purpose of accommodating ingress and egress to the ADU, such expansion may not: (a) exceed a height of eighteen (18) feet, except if the underlying zone permits.

6. One-Family Category One ADUs and JADUs are allowed even if the existing facility to be converted or rebuilt does not meet the underlying zone's current development standards, such as height limits, floor area ratios, lot coverage or setbacks.

7. For replacement parking regulations, see 17.103.080(A)(4).

8. Owner occupancy is not required if the owner is another governmental agency, land trust, or nonprofit housing organization.

9. If JADU shares bathroom with the primary Residential Facility, an internal connection must be provided.

C.

Property Development Standards applying to ADUs for Two- to Four-Family and Multifamily Facilities. Table 17.103.02 below, describes the property development standards, which apply to the types of ADUs permitted with Two- to Four-Family and Multifamily Facilities. The different types of ADUs are defined in Chapter 17.09. The number designations in the "Notes" column refer to the regulations listed at the end of the Table. "N/A" designates the standard is not applicable to the specified ADU type.

Table 17.103.02: Property Development Standards applying to Two- to Four-Family and Multifamily ADUs

Notes for Table 17.103.02:

1. On a lot with an existing multifamily dwelling, the total number of ADUs is not more than eight (8), but ADUs must not outnumber the number of units in the main building.

2. All calculations that result in a fractional number shall be rounded up to the nearest whole number. A lot may contain both Category One and Category Two ADUs.

3. For Category 1 ADUs, non-livable space does not include detached accessory structures, existing residential units, commercial space, laundry rooms or any other finished spaces that are meant to be occupied by people and used communally.

4. At least a minimum square footage that permits an Efficiency Dwelling Unit as defined in Chapter 17.09 and in the California Building Code.

5. Category Two ADUs must meet lot coverage and open space requirements set forth in this table.

6. Two- to Four-Family and Multifamily Category One ADUs are allowed even if the existing space to be converted or rebuilt does not meet the underlying zone's current development standards, such as height limits, floor area ratios, lot coverage or setbacks. This allowance is only for ADUs located behind the

primary building in its rear yard. If Category Two ADU is proposed in front or side of a primary structure the maximum height is sixteen (16) feet. Notwithstanding, in the S-9 Zone, maximum ADU height is capped at sixteen (16) feet.

7. For replacement parking regulations, see 17.103.080(A)(4).

(Ord. No. 13856, § 3(Exh. A), 7-15-2025; Ord. No. 13800, § 3(Exh. B), 6-18-2024; Ord. No. 13763, § 5, 103-2023; Ord. No. 13677, § 4(Exh. A), 1-18-2022; Ord. No. 13435, § 4(Exh. A), 5-2-2017; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013)

Editor's note— Ord. No. 13677, § 4(Exh. A), adopted Jan. 18, 2022, amended the title of § 17.103.080 to read as herein set out. The former § 17.103.080 title pertained to One-Family Dwelling with Secondary Unit Residential Facilities.

17.103.085 - Vehicular residential facilities.

The following regulations shall apply to the construction, establishment, or alteration of Vehicular Residential Facilities wherever permitted, as specified in each individual zone:

A.

Classification. A Vehicular Residential Facility shall be considered a Dwelling Unit. A Vehicular Residential Facility may also be considered an Accessory Dwelling Unit in accordance with Section 17.09.040. The Accessory Dwelling Unit regulations contained in Section 17.103.080 shall not apply to a Vehicular

Residential Facility considered an Accessory Dwelling Unit, except that the restriction on Accessory Dwelling Units in certain locations for life safety reasons and the maximum density standard shall apply.

B.

Density. Each Vehicular Residential Facility shall equal one Dwelling Unit for the purpose of determining compliance with the allowable density. The allowable density shall be established according to the applicable individual zone regulations.

C.

Setbacks. No yard setbacks are required. Vehicular Residential Facilities located within the required front yard setback specified in the applicable individual zone regulations shall be located on an existing driveway and not extend beyond the lot line or adjacent sidewalk.

D.

Minimum Separation. A minimum of six (6) feet of separation shall be required between a Vehicular Residential Facility and another Vehicular Residential Facility or a building on the same or adjacent lot.

E.

Maximum Height. The height limit for Vehicular Residential Facilities shall be as prescribed in the applicable individual zone regulations.

F.

Parking. Except as specified in Subsections 1 and 2 below, the minimum parking requirements for Vehicular Residential Facilities shall be as prescribed in the applicable individual zone regulations and in Chapter 17.116. If an existing parking space is removed to establish a Vehicular Residential Facility, no replacement parking is required for the removed space. Tandem parking may be permitted according to the regulations in Section 17.116.240.

1.

Vehicular Residential Facilities that are located on sites within: (i) one-half (½) mile of a public Transit Stop; (ii) an Area of Primary Importance (API) or Area of Secondary Importance (ASI), as defined in the Historic Preservation Element of the General Plan; or (iii) one block of a dedicated car share parking space shall have no parking requirement.

2.

Vehicular Residential Facilities that are self-propelled shall have no parking requirement.

G.

Ground Surface. Vehicular Residential Facilities shall be located on an all-weather surface, such as asphalt, concrete, pavers, decomposed granite, or gravel. This requirement only applies to the ground surface immediately under the Vehicular Residential Facility and all pedestrian walkways. Vehicular Residential

Facilities shall comply with the limitation on paved surfaces within street-fronting yards contained in the individual zone regulations.

H.

Habitability. Vehicular Residential Facilities shall be designed and operated in accordance with the following:

1.

Comply with all applicable State and local habitability and tenantability standards related to dwelling units;

2.

Be structurally sound and protect its occupants against the weather;

3.

Include within each unit permanent provisions for living and sleeping, including adequate heating and lighting; and

4.

Provide occupants with twenty-four-hour on-site access to potable water and a kitchen, and twenty-fourhour on-site access to a clean, lighted, code compliant toilet, bathing facilities, and a lavatory sink under the occupants' control that can be secured from the inside. For Vehicular Residential Facilities subject to the requirements of the Special Occupancy Park Act (pursuant to Subsection N. below), potable water, kitchens, toilets, bathing facilities, and lavatory sinks shall be provided within each unit. For Vehicular Residential Facilities not subject to the requirements of the Special Occupancy Park Act (pursuant to Subsection N. below) that do not contain in-unit toilets, bathing facilities, or lavatory sinks, a minimum of one (1) toilet, one (1) bathing facility, and one (1) lavatory sink is required for every five (5) Vehicular Residential Facilities.

I.

Utility Connections. Potable water, wastewater disposal, and power shall be provided with the issuance of required permits as specified below.

1.

Potable water. Each Vehicular Residential Facility containing in-unit plumbing facilities shall be connected to the municipal water system.

2.

Wastewater disposal. Each Vehicular Residential Facility containing in-unit plumbing facilities shall be connected to the municipal sewer system. Graywater discharge for landscape irrigation is allowed in accordance with State and City regulations.

Power supply. Each Vehicular Residential Facility shall be connected to the municipal electrical and/or gas system or an on-site, off-grid, alternative system such as solar power, wind power, or propane fuel that supplies sufficient energy to meet the demand of each unit and all connected loads. Fuel-powered generators are not allowed.

J.

Health and Safety Standards. Vehicular Residential Facilities shall comply with Health and Safety Code Section 18027.3, and shall at all times bear a label or insignia certifying compliance with either the American National Standards Institute (ANSI) A119.2 or A119.5 standards, or the National Fire Prevention Association (NFPA) 1192 standards, as applicable, in accordance with Health and Safety Code Section 18027.3.

K.

Fire Safety. Heating systems and liquid propane gas storage and delivery systems shall be maintained in accordance with the manufacturer's requirements. Every sleeping area and hallway providing access to the sleeping area shall be provided with operable smoke detectors. Street numbers visible from the street shall be posted to identify the property address.

L.

Refuse, Trash, and Debris Maintenance. The lot and immediate area surrounding each Vehicular Residential Facility shall be maintained in a safe and clean manner at all times, and comply with Oakland Municipal Code Chapter 8.24. An occupant of a Vehicular Residential Facility shall not throw, deposit, discharge, leave, or permit to be thrown, deposited, discharged, or left, any oil, grease, refuse, garbage, or other discarded or abandoned objects, articles, and accumulations, in or upon any street, alley, sidewalk, gutter, storm drain, inlet, catch basin, conduit or other drainage system, or upon any public or private parcel of land in the City. Adequate refuse collection service is required.

M.

Inspections. Each newly installed Vehicular Residential Facility shall be inspected upon installation to verify compliance with the regulations contained in this Section. On an annual basis, a subset of all previously installed units shall be inspected to verify ongoing compliance.

N.

Parks. An area or tract of land containing two (2) or more Vehicular Residential Facilities that are held out for rent or lease shall comply with the applicable requirements of State law, including the Special Occupancy Parks Act, Health and Safety Code Section 18200 et seq., the Special Occupancy Park Regulations, California Code of Regulations, Title 25, Section 2000 et seq., and the Recreational Vehicle Park Occupancy Law, California Civil Code Section 799.20 et seq. In cases where the regulations contained within this Section conflict with State law, State law shall govern. The provisions of State law shall not apply to parks owned, operated, and maintained by nonprofit entities or public agencies pursuant to Health and Safety Code Section 18865.4. This exemption only applies if the non-profit entity is a registered 501(c)(3) organization based in Alameda County, and if the park is not owned, operated, or managed by a limited liability corporation with a for-profit partner. If no monetary rent or other consideration

will be charged to occupy the space or the Vehicular Residential Facilities, or the park is owned, operated, and maintained by a non-profit entity, the applicant shall record a notice of limitation with the Alameda County Recorder stating that these State law requirements will apply in the event rent is later charged or the park is no longer owned, operated, and maintained by a non-profit entity.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13666, § 3(Exh. A), 11-16-2021)

Article VIII - Nonresidential Facilities

17.103.090 - Sidewalk Cafe Nonresidential Facilities.

Standards for Sidewalk Cafes.

A.

Operators/owners of Sidewalk Cafes shall comply with all permitting requirements imposed by the City's Department of Transportation and other affected departments and agencies. Standards for Sidewalk Cafes shall include, but not be limited to requirements that a waste receptacle be placed outside, all garbage/litter associated with Sidewalk Cafes be removed within twenty-four (24) hours, and the operators/owners obtain liability insurance. The City shall be named as an additional insured and the amount of the insurance shall be determined by the City's Risk Manager.

B.

The operators/owners of Sidewalk Cafes shall defend, indemnify, and hold harmless the City of Oakland its agents, officers, and employees from any claim, action, or proceeding (including legal costs and attorney's fees) against the City of Oakland, its agents, officers or employees to attack, set aside, void or annul, an approval by the City of Oakland, the Department of Transportation, Planning and Building Department, Planning Commission, or City Council. The City shall promptly notify the applicant of any claim, action or proceeding and the City shall cooperate fully in such defense. The City may elect, in its sole discretion, to participate in the defense of said claim, action, or proceeding.

C.

The operator/owners of Sidewalk Cafes shall continually bus tables and provide a final cleanup at the end of the business day that will include litter pickup one hundred (100) feet in each direction from the site.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-22013)

17.103.100 - Drive-Through Nonresidential Facilities.

A.

Conditional Use Permit for any Drive-Through Nonresidential Facility may only be granted upon determination that the proposal conforms to the general use permit criteria (see Section 17.134.050) and to all of the following additional use permit criteria:

That the proposed facility will not impair a generally continuous wall of building facades;

2.

That the proposed facility will not result in weakening the concentration and continuity of retail facilities at ground level, and will not impair the retention or creation of a shopping frontage;

3.

That the proposed facility will not directly result in a significant reduction in the circulation level of service of adjacent streets.

B.

A driveway serving as a vehicle stacking or queuing lane for a drive-through window in a Drive-Through Nonresidential Facility shall be separated from parking areas and shall not be the only entry or exit lane on the premises. Such facility shall be so situated that any vehicle overflow from it shall not spill onto public streets or the major circulation aisles of any parking lot. Such facility shall have durable, all-weather surface; shall have reasonable disposal of surface waters by grading and drainage; and shall be permanently maintained in good condition.

C.

Each vehicle space comprising a stacking or queuing lane for a drive-through window drive-through window in a Drive-Through Nonresidential Facility shall be a minimum of ten (10) feet in width by twenty (20) feet in length. Such a stacking or queuing lane shall have a minimum capacity of eight (8) vehicles.

(Ord. No. 13172, § 3(Exh. A), 7-2-2013)

Article IX - Sign Facilities

17.103.110 - Sign Facilities.

See Chapter 17.104 for special regulations regarding Sign Facilities.

(Ord. No. 13172, § 3(Exh. A), 7-2-2013)

Article X - Telecommunications Facilities

17.103.120 - Telecommunications Facilities.

See Chapter 17.128 for special regulations regarding Telecommunications Facilities.

(Ord. No. 13172, § 3(Exh. A), 7-2-2013)

Chapter 17.104 - GENERAL LIMITATIONS ON SIGNS

17.104.010 - General limitations on Signs in Residential Zones, except the RU-4 and RU-5 Zones, and in Open Space (OS) Zones.

The following limitations shall apply to the specified Signs in all Residential and OS Zones, except the RU-4 and RU-5 Zones and except as otherwise provided herein, and are in additions to the limitations, if any prescribed for Signs in the applicable individual zone regulations and development control maps.

A.

Maximum Height. No Sign shall exceed the maximum height, if any, applicable to facilities in general where it is located, except as otherwise provided in Sections 17.108.020A and 17.108.030; and no Sign shall exceed such applicable maximum heights as are prescribed hereafter in this Section.

B.

Residential Signs. No single Residential Sign shall have a display surface greater than one (1) square foot on any one face, except that one (1) Residential Sign on each lot, other than a Sign identifying a home occupation, may have a display surface of not more than six (6) square feet on any one face if the lot contains Residential Facilities with a total of three (3) or more living units. No Residential Sign which is attached to a building shall have a display surface greater than one (1) square foot on any one face, unless it is flat against a wall of the building and does not project outward therefrom more than eighteen (18) inches nor at all above the roof or parapet wall of the building. No Residential Sign which is not attached to

a building and which has a display surface greater than one (1) square foot on any one face shall extend more than six (6) feet above finished grade, nor be located within five (5) feet from any lot line. All Residential Signs shall be nonmoving. Illumination, if any, of all such Signs shall be indirect and nonflashing. Such Signs shall not, except for Signs with a display surface not greater than one (1) square foot on any one face, include any pennants, streamers, propellers, or similar devices. (See also Section 17.112.040D.)

C.

Special Signs. Special Signs shall be limited to the area of display surface, number, location, and height and kind of mobility, illumination, and material that are customary and necessary to the purposes they serve.

D.

Development Signs. The maximum aggregate area of display surface of all Development Signs shall be either seventy-five (75) square feet on any one lot or, in the case of a real estate subdivision, seventy-five (75) square feet for each tract of two (2) or more lots which are separated from each other only by a street or other right-of-way; and all Development Signs shall be located on the lot or tract referred to thereon and shall be permitted only for a one-year period. However, a greater area of display surface, an off-site location, or a longer time period may be permitted upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134. No Development Sign which is attached to a building shall extend above the roof or parapet wall thereof. No Development Sign which is not attached to a building shall extend more than twenty-four (24) feet above finished grade, nor be located within five (5) feet form any lot line of an abutting lot. All Development Signs shall be nonmoving. Illumination, if any, of all such Signs shall be indirect and nonflashing. Such Signs shall not, except when attached to a building, include any pennants, streamers, propellers, or similar devices.

E.

Realty Signs. The maximum aggregate area of display surface of all Realty Signs on any one lot shall be six (6) square feet. All Realty Signs shall be located on the same lot as the facilities advertised thereon, and shall be removed within seven (7) days after occupancy, or change of occupancy, of the facilities. No Realty Sign which is attached to a building shall extend above the roof or parapet wall thereof. No Realty Sign which is not attached to a building shall extend more than six (6) feet above finished grade, nor be located within five (5) feet from any lot line of an abutting lot. All Realty Signs shall be nonmoving. Illumination, if any, of all such Signs shall be indirect and nonflashing. Such Signs shall not, except when attached to a building, include any pennants, streamers, propellers, or similar devices.

F.

Civic Signs. No single Civic Sign shall have a display surface greater than one (1) square foot on any one face, except that two (2) Civic Signs on each lot or, in the case of a lot with a lot area of more than twenty thousand (20,000) square feet, two (2) Civic Signs for each twenty thousand (20,000) square feet of lot area may have a greater display surface. The maximum total area of display surface of any two (2) such larger Signs shall be thirty (30) square feet. No Civic Sign which is attached to a building shall have a display surface greater than one (1) square foot on any one face, unless it is flat against a wall of the building and does not project outward more than eighteen (18) inches therefrom nor at all above the roof or parapet wall of the building. No Civic Sign which is not attached to a building and which has a display surface greater than one (1) square foot on any one face shall extend more than twelve (12) feet above finished grade, nor be located within five (5) feet from any lot line. All Civic Signs shall be nonmoving. Illumination, if any, of all such Signs shall be indirect and nonflashing. Such Signs shall not, except for Signs with a display surface not greater than one (1) square foot on any one face, include any pennants, streamers, propellers, or similar devices.

G.

Business Signs.

1.

Business Signs serving Commercial Activities, other than Signs regulated by Subsection 17.104.010.G.3 and those regulated by Section 17.11.090, shall be limited to two (2) Signs, with a maximum aggregate area of display surface of fifteen (15) square feet, for each commercial establishment. All such Signs shall be located flat against a wall of the first story of a building, and no such Sign shall project outward more than eighteen (18) inches from such wall nor any distance above the roof or parapet wall of the building. All such Signs shall be nonmoving. Illumination, if any, of all such Signs shall be indirect and nonflashing. Such Signs shall not, except in the case of Signs behind a display window, include any pennants, streamers, propellers, or similar devices.

2.

No single Business Sign serving Agricultural or Extractive Activities shall have a display surface greater than one (1) square foot on any one face, except that one (1) such Sign on each lot may have a display surface of not more than six (6) square feet on any one face. All Business Signs which serve such activities,

which are attached to a building, and which have a display surface greater than one (1) square foot on any one face shall be located flat against a wall of the first story of the building, and no such Sign shall project outward more than eighteen (18) inches from such wall nor any distance above the roof or parapet wall of the building. No Business Sign which serves such activities, which is not attached to a building, and which has a display surface greater than one (1) square foot on any one face shall extend more than six (6) feet above finished grade, nor be located within five (5) feet from any lot line. All Business Signs serving such activities shall be nonmoving. Illumination, if any, of all such Signs shall be indirect and nonflashing. Such Signs shall not, except in the case of Signs behind a display window, include any pennants, streamers, propellers, or similar devices.

3.

The maximum aggregate area of display surface of Business Signs serving off-street parking which is subject to the conditions set forth in Subsection 17.102.100.B shall be twelve (12) square feet for each vehicular entrance or exit. No such Sign shall extend more than six (6) feet above finished grade, nor be located within five (5) feet from any lot line. All such Signs shall be nonmoving. Illumination, if any, of all such Signs shall be indirect and nonflashing. Such Signs shall not include any pennants, streamers, propellers, or similar devices.

H.

Signs Within One Thousand (1,000) Feet of Rapid Transit Routes. Signs within one thousand (1,000) feet of the centerline of rapid transit routes shall be subject to the applicable limitations set forth in Sections 17.104.040 and 17.114.150.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13112, § 4(Exh. A), 4-30-2012; Ord. No. 13090, § 4(Exh. A), 10-4-2011; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12350 § 3 (part), 2001; Ord. 12078 § 5 (part), 1998; prior planning code § 7040)

Editor's note— Ord. No. 13112, § 4(Exh. A), adopted April 30, 2012, changed the title of Section 17.104.010 from "General limitations on Signs in residential and OS zones, except the RU-4 and RU-5 zones" to "General limitations on Signs in Residential zones, except the RU-4 and RU-5 zones, and in Open Space (OS) zones." The historical notation has been preserved for reference purposes.

17.104.020 - General limitations on Signs—RU-4 and RU-5 Zones, and all Commercial and Industrial Zones.

The following limitations shall apply to the specified Signs in the RU-4 and RU-5 Zones and all Commercial and Industrial Zones, and except as otherwise provided herein, and are in addition to the limitations, if any, prescribed for Signs in the applicable individual zone regulations and development control maps:

A.

Design Review. No Business, Civic, or Residential Sign shall be constructed or established, or altered in exterior appearance, unless plans for the proposal have been approved pursuant to the design review procedure in Chapter 17.136.

B.

Permitted Aggregate Sign Area.

1.

In the RU-4 and RU-5 Zones and all Commercial Zones, the maximum aggregate area of display surface of all Business, Civic, and Residential Signs on any one lot shall be one (1) square foot for each one (1) foot of lot frontage in the case of an interior lot, or one-half (0.5) square feet for each one (1) foot of lot frontage in the case of a corner lot. The aggregate shall include only one (1) face of a double-faced sign. The total amount of aggregate sign area shall not exceed two hundred (200) square feet on any one property. Exceptions to the total amount of aggregate sign area normally allowed on any one property may be approved pursuant to the regulations in Subsection B.3. below and to the Small project design review procedure in Chapter 17.136.

2.

In all Industrial Zones, the maximum aggregate area of display surface of all Business, Civic and Residential Signs on any one lot shall be one (1) square foot for each one (1) foot of lot frontage in the case of an interior lot, or one-half (0.5) square feet for each one (1) foot of lot frontage in the case of a corner lot. The aggregate shall include only one (1) face of a double-faced sign. The total amount of aggregate sign area

shall not exceed three hundred (300) square feet on any one property. Exceptions to the total amount of aggregate sign area normally allowed on any one property may be approved pursuant to the regulations in Subsection B.3. below.

3.

Exception to Aggregate Sign Area Limits. The following exceptions to the aggregate sign area limits may be approved:

a.

In cases in which the maximum aggregate sign area for a property is already being utilized by a portion of the existing tenant spaces in a multi-tenant building or complex, twenty (20) square feet of sign area for each tenant space in the multi-tenant building or complex without existing signage on site is allowed if approved pursuant to the Small project design review procedure in Chapter 17.136;

b.

Signs conforming to a Master Sign Program approved pursuant to Section 17.104.070.

C.

Maximum Height.

1.

Attached Signs. The maximum height of any sign that is attached to a building may not exceed the height of the building wall that it is attached to.

Freestanding Signs. The maximum height of any freestanding sign in the CC, M-40, CIX, IG, IO, D-DT-JLI, D-CE, D-CO-2, D-CO-3, D-CO-4, D-CO-5, and D-CO-6 Zones is twenty (20) feet. The maximum height in the RU-4 and RU-5 Zones and all other Commercial and Industrial Zones is ten (10) feet.

D.

Limitations on Signs within Required Minimum Yards.

1.

No business, realty, or development sign shall be located within a required minimum yard.

E.

Special Limitations Near Boundaries of Residential Zones, Except the RU-4 and RU-5 Zones. The following special limitations shall apply to the indicated Signs within the specified distances from any boundary of a Residential Zone, except the RU-4 and RU-5 Zones. For the purposes of this Subsection, a Sign shall be deemed to face a zone boundary if the angle between the face of its display surface and said boundary is less than ninety (90) degrees; and a sign shall be considered visible from a zone boundary if it may be seen from any point located along such boundary within the following indicated distances from the sign and at a height equal to or less than that of the sign.

1.

Within twenty-five (25) feet from any boundary of a Residential Zone, except the RU-4 and RU-5 Zones, no business sign shall face said boundary if it is visible therefrom.

F.

Development Signs. In the RU-4 and RU-5 Zones and all Commercial and Industrial Zones, the maximum aggregate area of display surface of all Development Signs on any one lot shall be either seventy-five (75) square feet or one (1) square foot for each two (2) feet of street line abutting the lot, whichever is greater. However, a greater area of display surface may be permitted upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134.

G.

Realty Signs. In the RU-4 and RU-5 Zones and all Commercial and Industrial Zones, the maximum aggregate area of display surface of all Realty Signs on any one lot shall be one (1) square foot for each two (2) feet of street line abutting the lot; provided that such area shall not exceed twenty-five (25) square feet along any consecutive fifty (50) feet of street line; and farther provided that a sign with a display surface of twelve (12) square feet or less shall be permitted for each lot, or for each building or other rentable unit thereon.

H.

Signs Within One thousand (1,000) Feet of Rapid Transit Routes. Signs within one thousand (1,000) feet of the centerline of rapid transit routes shall be subject to the applicable limitations set forth in Sections 17.104.040 and 17.114.150.

I.

Permitted Projection Over Sidewalk. An awning, canopy, marquee, or single sign that is attached perpendicularly to the face of a building may project up to two-thirds (66.7%) of the distance from the lot line to the curb, but can not extend more than seven (7) feet from the face of building or closer than two (2) feet to the curb. Any awning, canopy, marquee, or single sign that is attached perpendicularly to the face of a building shall provide eight (8) feet minimum clearance above a sidewalk for framed or rigid portions, and seven (7) feet minimum clearance for any unframed valance.

J.

Temporary Business Signs.

1.

Size Allowed. Temporary signs are allowed in addition to permanent signs. The size of the temporary signs may not exceed the allowed square footage for permanent signs.

2.

Allowed Time Limits.

a.

Grand Opening Signs. Temporary signs for the purpose of grand openings of a new business can be in place for a maximum of thirty (30) days. The installation date of the sign shall be placed on the sign to verify compliance with this regulation.

b.

Special Event Signs. Temporary signs for the purpose of special events may be placed on site a maximum of four (4) times per calendar year and a maximum of five (5) consecutive days per event.

3.

Placement of Signs.

a.

Signs are allowed on private property only. Signs shall not be placed in public rights-of-way or at off-site locations.

b.

Signs must be affixed to a permanent structure.

4.

Temporary Signs shall not be illuminated.

Durable Materials Required. Signs shall be constructed of durable, rigid material suitable to the location and purpose. Only interior window Signs may he [be] made of nonrigid (e.g. paper) material.

6.

Removal of Signs. Temporary Signs and their components shall be promptly removed at the expiration of the time limits set forth above.

K.

Window Signs. Window signs shall not take up more than twenty-five percent (25%) of any one window. Window signs shall count against the total allowable aggregate sign area for the property as measured in Subsection 17.104.020.B. Interior signs which are located eighteen (18) inches or more from behind the window face shall be exempt from these regulations.

L.

Clear Sight Restrictions. A triangular area measuring fifteen (15) feet from the intersection along each street line shall be kept free of all freestanding signs. A triangular area measuring ten (10) feet from the intersection of a driveway and a street line shall be kept free of all freestanding signs.

(Ord. No. 13812, § 4(Exh. A), 7-30-2024; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13302, § 5(Exh. C), 4-21-2015; Ord. No. 13251, § 5(Exh. A), 7-29-2014; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13168, § 5(Exh. A-2), 6-18-2013; Ord. No. 13112, § 4(Exh. A), 4-30-2012; Ord. No. 13090, § 4(Exh. A), 104-2011; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. 12872 § 4 (part), 2008; Ord. 12776 § 3, Exh. A (part), 2006: Ord. 12606 Att. A (part), 2004: prior planning code § 7041)

Editor's note— Ord. No. 13090, § 4(Exh. A), adopted October 4, 2011, changed the title of Section 17.104.020 from "General limitations on signs—Commercial and industrial zones" to "General limitations on signs—Commercial and industrial zones and the RU-4 and RU-5 zones." The historical notation has been preserved for reference purposes.

17.104.030 - General limitations on Signs—S-1, S-3, D-CO-1, and S-15 Zones.

The following limitations shall apply to the specified Signs in the S-1, S-3, D-CO-1, and S-15 Zones, and are in addition to the limitations, if any, prescribed for Signs in the applicable individual zone regulations or development control maps:

A.

Design Review. No Business. Civic, or Residential Sign shall be constructed or established, or altered in exterior appearance, unless plans for the proposal have been approved pursuant to the design review procedure in Chapter 17.136.

B.

Permitted Aggregate Sign Area. S-1, S-3, D-CO-1 and S-15 Zones. The maximum aggregate area of display surface of all Business, Civic, and Residential Signs on any one lot shall be one (1) square foot for each one foot of lot frontage in the case of an interior lot, or one-half (0.5) square feet for each one (1) foot

of lot frontage in the case of a corner lot. The aggregate shall include only one (1) face of a double-faced sign. The total amount of aggregate sign area shall not exceed two hundred (200) square feet on any one property. Exceptions to the total amount of aggregate sign area normally allowed on any one property may be approved pursuant to the regulations in Subsection B.1. below.

1.

Exception to Aggregate Sign Area Limits. The following exceptions to the aggregate sign area limits may be approved:

a.

In cases in which the maximum aggregate sign area for a property is already being utilized by a portion of the existing tenant spaces in a multi-tenant building or complex, twenty (20) square feet of sign area for each tenant space in the multi-tenant building or complex without existing signage on site is allowed if approved pursuant to the Small project design review procedure in Chapter 17.136;

b.

Signs conforming to a Master Sign Program approved pursuant to Section 17.104.070.

C.

Maximum Height.

1.

Attached Signs. The maximum height of any sign that is attached to a building may not exceed the height of the building wall that it is attached to.

2.

Freestanding Signs. The maximum height of any freestanding sign in the S-1, S-3, D-CO-1, and S-15 Zones is ten (10) feet.

D.

Special Limitations Near Boundaries of Residential Zones, except the RU-4 and RU-5 Zones. Signs shall be subject to the same special limitations along or near boundaries of Residential Zones, except the RU-4 and RU-5 Zones, as are set forth in Subsection 17.104.020.E.

E.

Special, Development, and Realty Signs. All Special, Development, and Realty Signs shall be subject to the same limitations as are set forth in Subsections C., D. and F. of Section 17.104.010 for such Signs in Residential Zones, except the RU-4 and RU-5 Zones.

F.

Signs within One Thousand (1,000) Feet of Rapid Transit Routes. Signs within one thousand (1,000) feet of the centerline of rapid transit routes shall be subject to the applicable limitations set forth in Sections 17.104.040 and 17.114.150.

(Ord. No. 13812, § 4(Exh. A), 7-30-2024; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13302, § 5(Exh. C), 4-21-2015; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13112, § 4(Exh. A), 4-30-2012; Ord. No. 13090, § 4(Exh. A), 10-4-2011; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12776 § 3, Exh. A (part), 2006: Ord. 12606 Att. A (part), 2004: prior planning code § 7042)