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Oakland City Zoning Code

Chapter 17.74

S-1 MEDICAL CENTER COMMERCIAL ZONE REGULATIONS[36]


Footnotes:
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Editor's note— Ord. No. 13393, § 2(Exh. A), adopted October 4, 2016, changed the title of Chapter 17.74 from "S-1 Medical center zone regulations" to "S-1 Medical center commercial zone regulations."


17.74.010 - Title, purpose, and applicability.

The provisions of this Chapter shall be known as the S-1 Medical Center Zone Regulations. The Medical Center (S-1) Zone is intended to create, preserve, and enhance areas devoted primarily to medical facilities and auxiliary uses, and is typically appropriate to compact areas around large hospitals. These regulations shall apply in the S-1 Zone.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; prior planning code § 6100)

17.74.020 - Required design review process.

Except for projects that are exempt from design review as set forth in Section 17.136.025, no Building Facility, Designated Historic Property, Potentially Designated Historic Property, Telecommunications Facility, Sign, or other associated structure shall be constructed, established, or altered in exterior appearance, unless plans for the proposal have been approved pursuant to the design review procedure in Chapter 17.136, and when applicable, the Telecommunications regulations in Chapter 17.128, or the Sign regulations in Chapter 17.104.

(Ord. No. 13270, § 3(Exh. A), 11-18-2014; Ord. No. 13028, § 2(Exh. A), 7-20-2010; Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. 12776 § 3, Exh. A (part), 2006: Ord. 12606 Att. A (part), 2004: Ord. 11904 § 5.63 (part), 1996: prior planning code § 6102)

17.74.030 - Permitted activities.

The following activities, as described in the use classifications in Chapter 17.10, are permitted:

A.

Residential Activities:

Permanent

Residential Care

Supportive Housing

Transitional Housing

Semi-Transient

Emergency Shelter (Emergency Shelters are permitted by-right on properties owned by churches, temples, synagogues, and other similar places of worship approved for Community Assembly Civic Activities; and within those portions of the Martin Luther King Jr. Way corridor and Webster Street area described in Section 17.103.015(A)(1)(3) respectively and subject to the development standards in Section 17.103.015(B); permitted upon the granting of a Conditional Use Permit elsewhere in the zone subject to the standards in Section 17.103.010)

B.

Civic Activities:

Essential Service (Community Gardens are permitted if they do not include any livestock production or the cultivation of animals and/or animal products by agricultural methods, except for bee keeping involving no more than three (3) hives

Limited Child-Care

Community Assembly

Recreational Assembly

Community Education

Nonassembly Cultural

Administrative

Health Care

C.

Commercial Activities:

General Food Sales

Full Service Restaurant

Limited-Service Restaurant and Cafe

General Retail Sales

Consumer Service - (see Section 17.102.170 for special regulations relating to massage services)

Consumer Cleaning and Repair Service

Consultative and Financial Service

Medical Service

Group Assembly - but only if the total floor area devoted to these activities on any single lot does not exceed five thousand (5,000) square feet; conditionally permitted if the activity is larger in floor area (see Chapter 17.134 for the CUP procedure). No new or expanded Adult Entertainment Activity shall be located closer than one thousand (1,000) feet to the boundary of any Residential Zone or three hundred (300) feet from any other Adult Entertainment Activity. See Section 17.102.160 for further regulations regarding Adult Entertainment Activities

Personal Instruction and Improvement Services

Business, Communication, and Media Service

Administrative

D.

Agricultural and Extractive Activities:

Limited Agriculture, permitted if the activity occupies less than twenty thousand (20,000) square feet of land area and any sales area is less than one thousand (1,000) square feet; conditionally permitted if the activity is larger in either land or sales area (see Chapter 17.134 for the CUP procedure)

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13270, § 3(Exh. A), 11-18-2014; Ord. No. 13248, § 3(Exh. A), 7-15-2014; Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12138 § 5 (part), 1999; Ord. 11904 § 5.75, 1996; prior planning code § 6103)

17.74.040 - Conditionally permitted activities.

The following activities, as described in the use classifications in Chapter 17.10, may be permitted upon the granting of a Conditional Use Permit pursuant to the Conditional Use Permit procedure in Chapter 17.134:

A.

Civic Activities:

Utility and Vehicular

Community Education

Special Health Care Civic Activities (see Section 17.103.020)

B.

Commercial Activities:

Fast Food Restaurant

Convenience Market

Alcoholic Beverage Sales

Broadcasting and Recording Service

Research Service

Automotive Fee Parking (see Section 17.103.055 for Automotive Fee Parking on a lot containing a principal activity in a principal facility)

Animal Care

Animal Boarding

C.

Agricultural and Extractive Activities:

Extensive Agriculture (see Section 17.74.075)

D.

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

E.

Activities that are listed neither as permitted nor conditionally permitted, but are permitted or conditionally permitted on nearby lots in an adjacent zone, subject to the conditions set forth in Section 17.102.110

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13393, § 2(Exh. A), 10-4-2016; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13270, § 3(Exh. A), 11-18-2014; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12450 § 13, 2002; Ord. 12138 § 5 (part), 1999; prior planning code § 6104)

17.74.050 - Permitted facilities.

The following facilities, as described in the use classifications in Chapter 17.10, are permitted. See Section 17.103.080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units:

A.

Residential Facilities:

One-Family Dwelling

Two- to Four-Family Dwelling

Multifamily Dwelling

Rooming House

Vehicular

B.

Nonresidential Facilities:

Enclosed

Open, accommodating Civic Activities, Limited Agriculture, seasonal sales, or special events only

C.

Signs:

Residential

Special

Development

Realty

Civic

Business

D.

Telecommunications:

Micro Telecommunications, except when a Major Conditional Use Permit is required by Section 17.128.025

Mini Telecommunications, except when a Major Conditional Use Permit is required by Section 17.128.025

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13677, § 4(Exh. A), 1-18-2022; Ord. No. 13666, § 3(Exh. A), 11-16-2021; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13270, § 3(Exh. A), 11-18-2014; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13060, § 2(Exh. A), 3-1-2011; Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. 11904 § 5.79, 1996; prior planning code § 6105)

17.74.060 - Conditionally permitted facilities.

The following facilities, as described in the use classifications in Chapter 17.10, may be permitted upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134:

A.

Nonresidential Facilities:

Open, accommodating activities other than Civic Activities, Limited Agriculture, seasonal sales, or special events

B.

Telecommunications:

Macro Telecommunications

Monopole Telecommunications

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13270, § 3(Exh. A), 11-18-2014; Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. 11904 § 5.83, 1996; prior planning code § 6106)

17.74.070 - Special regulations applying to certain Commercial Activities.

All conditionally permitted Commercial Activities other than Automotive Fee Parking shall, except for accessory off-street parking and loading and maintenance of accessory landscaping and screening, be conducted entirely within enclosed buildings which are primarily occupied by permitted activities. See also Section 17.103.030.

(Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; prior planning code § 6108)

17.74.075 - Special regulations applying to Extensive Agriculture.

Extensive Agriculture is only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure). In addition to the criteria contained in Section 17.134.050, this activity must meet the following use permit criteria:

A.

The proposal will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood in terms of noise, water and pesticide runoff, farming equipment operation, hours of operation, odor, security, and vehicular traffic.

(Ord. No. 13270, § 3(Exh. A), 11-18-2014)

Editor's note— Prior to the reenactment of Section 17.74.075 by Ord. No. 13270, § 3(Exh. A), adopted November 18, 2014, Ord. No. 13060, § 2(Exh. A), adopted March 1, 2011, repealed the former Section 17.74.075 in its entirety, which pertained to restrictions on telecommunications facilities and derived from Ord. No. 12999, § 4(Exh. A), adopted March 16, 2010.

17.74.080 - Special regulations applying to the conversion of a dwelling unit to a Nonresidential Activity.

See Section 17.102.230.

(Ord. No. 13509, § 2(Exh. A), 12-4-2018; Ord. No. 13357, § 3(Exh. A), 2-16-2016; prior planning code § 6109)

17.74.090 - Use permit criteria for Commercial Activities.

A conditional use permit for any conditionally permitted 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 and to both of the following additional use permit criteria:

A.

That the proposed activity is intended primarily to serve the medical center area in which it is located or the patients, practitioners, or employees of the center;

B.

That the proposed activity will not create or aggravate traffic congestion or interfere with the movement of traffic generated by permitted activities.

See also Section 17.103.030.

(Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; prior planning code § 6111)

17.74.100 - Limitations on Signs.

All Signs shall be subject to the applicable limitations set forth in Section 17.104.030.

(Prior planning code § 6113)

17.74.110 - Minimum lot area, width, and frontage.

Every lot shall have a minimum lot area of four thousand (4,000) square feet and a minimum lot width mean of twenty-five (25) feet, except as a lesser area or width is allowed by Section 17.106.010. Every lot shall have a minimum frontage of twenty-five (25) feet upon a street, except as this requirement is modified by Section 17.106.020.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; prior planning code § 6114)

17.74.120 - Maximum residential density.

The maximum density of Residential Facilities shall be as set forth below, subject to the provisions of Section 17.106.030 with respect to maximum density on lots containing both Residential and Nonresidential Facilities. Also applicable are the provisions of Section 17.102.270 with respect to additional kitchens for a primary dwelling unit, and the provisions of Section 17.102.300 with respect to dwelling units with five (5) or more bedrooms. No Residential Facility shall be permitted to have both an additional kitchen as provided for in Section 17.102.270.B and a Secondary Unit.

A.

Permitted Density.

1.

Regular Dwelling Units. One (1) Regular Dwelling Unit is permitted for each three hundred (300) square feet of lot area, provided that one (1) extra such unit is permitted if a remainder of two hundred (200) square feet or more is obtained after division of the lot area by three hundred (300) square feet.

2.

Efficiency Dwelling Units. One (1) Efficiency Dwelling Unit is permitted for each one hundred fifty (150) square feet of lot area, if a remainder of one hundred (100) square feet or more is obtained after division of the lot area by one hundred fifty (150) square feet.

3.

Rooming Units. One (1) Rooming Unit is permitted for each one hundred fifty (150) square feet of lot area, provided that one (1) extra such unit is permitted if a remainder of one hundred (100) square feet or more is obtained after division of the lot area by one hundred fifty (150) square feet.

4.

Combination of different types of living units. For a combination of different types of living units, the total required lot area shall be the sum of the above requirements for each. The number of living units permitted heretofore may be exceeded by ten percent (10%) on any corner lot, and may also be exceeded by ten percent (10%) on any lot which faces or abuts a public park at least as wide as the lot.

5.

One-Family Dwellings and Two- to Four-Family Dwellings. A One-Family or Two- to Four-Family Dwelling is permitted on any lot which qualifies under Section 17.106.010 as an existing buildable parcel and that contains no other dwelling units. See Section 17.103.080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units.

B.

Increased Density Allowed in Certain Situations. The number of living units permitted by Subsection A. of this Section may be increased by not to exceed fifty percent (50%) upon the granting of a Conditional Use Permit pursuant to the Conditional Use Permit procedure in Chapter 17.134, in each of the following situations:

1.

In the case of a Residential Facility with more than four (4) stories containing living units, subject to the provisions of Section 17.106.040;

2.

Upon the acquisition of development rights from nearby lots, subject to the provisions of Section 17.106.050.

The number of living units may also be increased, as prescribed in Section 17.106.060, in certain special housing.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13677, § 4(Exh. A), 1-18-2022; Ord. No. 13666, § 3(Exh. A), 11-16-2021; Ord. No. 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: prior planning code § 6115 )

17.74.130 - Maximum Floor-Area Ratio.

The maximum Floor-Area Ratio of any facility shall be as follows, subject to the provisions of Section 17.106.030 with respect to maximum Floor-Area Ratio on lots containing both Residential and Nonresidential Facilities:

A.

Permitted Floor-Area Ratio (FAR). The maximum permitted FAR is 4.00, except that this ratio may be exceeded by ten percent (10%) on any corner lot and may also be exceeded by ten percent (10%) on any lot which faces or abuts a public park at least as wide as the lot.

B.

Conditionally Permitted Floor-Area Ratio (FAR). The FAR permitted by Subsection A. of this Section may be increased by not to exceed fifty percent (50%) upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134, in each of the following situations:

1.

In the case of a Residential Facility with more than four (4) stories containing living units, subject to the provisions of Section 17.106.040;

2.

For any facility, upon the acquisition of development rights from nearby lots, subject to the provisions of Section 17.106.050.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011; prior planning code § 6117)

17.74.140 - Maximum height.

Except as provided in Chapter 17.128, no general maximum height is prescribed, except that the height of facilities shall be limited, as prescribed in Section 17.108.010, on lots lying along a boundary of any of certain other zones. But see Section 17.74.100 for maximum height of Signs, Section 17.108.130 for maximum height of facilities within minimum yards and courts, and Section 17.108.020 for increased height limits in certain situations.

(Ord. 11904 § 5.87, 1996: prior planning code § 6119; Ord. No. 13666, § 3(Exh. A), 11-16-2021)

17.74.150 - Minimum yards and courts.

The following minimum yards and courts shall be provided unobstructed except for the accessory structures or the other facilities allowed therein by Section 17.108.130:

A.

Front Yard. The minimum front yard depth on every lot shall be ten (10) feet.

B.

Side Yard—Street Side of Corner Lot. The minimum side yard width on the street side of every corner lot shall be ten (10) feet.

C.

Side Yard—Interior Lot Line. No side yard is generally required along an interior side lot line except as follows:

1.

A side yard shall be provided, when and as prescribed in Section 17.108.080, for Residential Facilities.

2.

A side yard shall be provided, as prescribed in Section 17.108.090, along an interior side lot line lying along a boundary of any of certain other zones.

D.

Rear Yard. The minimum rear yard depth on every lot shall be ten (10) feet.

E.

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

F.

Vehicular Residential Facilities shall be located a minimum of thirty (30) feet from the street or be located behind a building. See Section 17.103.085 for setback and separation requirements for Vehicular Residential Facilities.

(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; prior planning code § 6120; Ord. No. 13666, § 3(Exh. A), 11-16-2021)

17.74.160 - Minimum usable open space.

On each lot containing Residential Facilities with a total of two (2) or more dwelling units, including any permitted Accessory Dwelling Units, group usable open space shall be provided for such facilities in the minimum amount of seventy-five (75) square feet per Regular Dwelling Unit plus thirty-eight (38) square feet per Rooming Unit or Efficiency Dwelling Unit. Private usable open space may be substituted for such group space in the ratio prescribed in Section 17.126.020. All required space shall conform to the standards for required usable open space in Chapter 17.126.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13677, § 4(Exh. A), 1-18-2022; Ord. No. 13666, § 3(Exh. A), 11-16-2021; Ord. No. 13064, § 2(Exh. A), 3-15-2011; prior planning code § 6121)

17.74.170 - Buffering.

All uses shall be subject to the applicable requirements of the buffering regulations in Chapter 17.110 with respect to screening or location of parking, loading, and storage areas; control of artificial illumination; and other matters specified therein.

(Prior planning code § 6122)

17.74.180 - Special regulations for Planned Unit Developments.

A.

Planned Unit Developments. Large integrated developments shall be subject to the Planned Unit Development (PUD) regulations in Chapter 17.142 if they exceed the sizes specified therein. In developments which are approved pursuant to said regulations, certain uses may be permitted in addition to those otherwise allowed in the S-1 Zone, and certain of the other regulations applying in said zone may be waived or modified. The normally required design review process may also be waived for developments at the time of initial granting of a Planned Unit Development (PUD) permit. Unless otherwise specified in the PUD permit, any future changes within the Planned Unit Development shall be subject to applicable design review regulations.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13677, § 4(Exh. A), 1-18-2022Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. 12872 § 4 (part), 2008; prior planning code § 6123)

Editor's note— Ord. No. 13677, § 4(Exh. A), adopted Jan. 18, 2022, amended the title of § 17.74.180 to read as herein set out. The former § 17.74.180 title pertained to special regulations for Mini-Lot and Planned Unit Developments.

17.74.190 - 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 S-1 Zone.

F.

Recycling Space Allocation Requirements. The regulations set forth in Chapter 17.118 shall apply in S-1 Zone.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. 12884 § 2 (part), 2008; Ord. 11807 § 5 (part), 1995; prior planning code § 6124)