D-WS WOOD STREET DISTRICT ZONES REGULATIONS[46]
Editor's note— Ord. No. 13270, § 3(Exh. A), adopted November 18, 2014, amended Chapter 17.101A in its entirety to read as herein set out. Formerly, Chapter 17.101A, § 17.101A.010, pertained to the D-WS Wood Street district commercial zone regulations, and derived from Ord. No. 12999, § 4(Exh. A), adopted March 16, 2010; Ord. No. 13064, § 2(Exh. A), adopted March 15, 2011, and Ord. No. 13251, § 5(Exh. A), adopted July 29, 2014.
A.
The provisions of this Chapter (in combination with the separate Wood Street Zoning District document adopted by City Council as part of Ordinance 12673 C.M.S. that prescribes the Zoning Regulations, Standards, and Guidelines for Development and Use of Property within the Wood Street Zoning District), shall be known as the D-WS Wood Street District Zones Regulations. The intent of the Wood Street District (D-WS) Zones is to create an active, pedestrian oriented, mixed-use, urban community in the area generally bounded by 10th Street, Wood Street, West Grand Avenue and Frontage Road/I-880. The D-WS-1 through D-WS-9 Zones are intended to reflect the same boundaries as the Wood Street Development Areas 1 through 9.
B.
The Zoning Regulations, Standards, and Guidelines for Development and Use of Property within the Wood Street Zoning District shall be as prescribed in the original Ordinance 12673 C.M.S., amending Ordinance 13093 C.M.S., all subsequent amending Ordinances adopted by City Council, and as amended below. All such regulation shall apply to the area of the zoning maps with a D-WS designation.
(Ord. No. 13434, § 4(Exh. A), 5-2-2017; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13270, § 3(Exh. A), 11-18-2014)
Table 17.101A.01 lists the permitted, conditionally permitted, and prohibited activities in the D-WS Zones. The descriptions of these activities are contained in Chapter 17.10. Section 17.10.040 contains permitted accessory activities.
"P" designates permitted activities in the corresponding D-WS Zone.
"C" designates activities that are permitted only upon the granting of a Conditional Use permit (CUP) in the corresponding D-WS Zone (see Chapter 17.134 for the CUP procedure).
"L" designates activities subject to certain limitations or notes listed at the bottom of the table.
"—" designates activities that are prohibited except as accessory activities according to the regulations contained in Section 17.010.040.
Table 17.101A.01: Permitted and Conditionally Permitted Activities
Limitations on Table 17.101A.01:
L1. See Section 17.103.010 for other regulations regarding Residential Care Residential Activities, and Sections 17.103.010 and 17.103.015 for other regulations regarding Emergency Shelter Residential Activities. Notwithstanding anything to the contrary contained in the Planning Code, Emergency Shelter Residential Activities are permitted by-right on properties owned by churches, temples, synagogues, and other similar places of worship approved for Community Assembly Civic Activities; prohibited elsewhere in the zone.
L2. Only the following activities are permitted: 1) places of worship, churches, temples, mosques, and synagogues with a total floor area of three thousand (3,000) square feet or less; and 2) public, parochial, private and non-profit clubs and lodges, meeting halls, recreation centers, and gymnasiums with a floor area of five thousand (5,000) square feet or less.
L3. Activities with a total floor area greater than three thousand (3,000) square feet require the granting of a conditional use permit (see Chapter 17.134), and activities with a floor area over five thousand (5,000) square feet are prohibited.
L4. Only police substations and neighborhood-servicing post offices that have a total floor area not exceeding one thousand (1,000) square feet are permitted. Other Utility and Vehicular Civic Activities are prohibited.
L5. Grocery markets shall be: 1) limited to a maximum floor area of three thousand (3,000) square feet; and 2) only be open between 6:00 AM and 10:00 PM.
L6. Convenience markets shall not be greater than five thousand (5,000) square feet.
L7. Alcoholic Beverage Sales is limited to sale of beer and wine.
L8. Floor area devoted to Medical Service Commercial Activities is limited to a maximum two thousand five hundred (2,500) square feet.
L9. Retail Business supply stores shall be: 1) limited to office and art supply stores; and 2) limited to a maximum of three thousand (3,000) square feet.
L10. Activities with a total floor area greater than five thousand (5,000) square feet require the granting of a conditional use permit (see Chapter 17.134) and activities with a floor area over ten thousand (10,000) square feet are prohibited except for the portion of the D-WS-2 Zone designated in the separate Wood Street Zoning District document as Development Area 2B (the icehouse property). This activity is limited to neighborhood-serving construction product sales and services (Note: Hardware Stores are a General Retail Sales Commercial Activity, refer to L3)
L11. Only applies to the "Icehouse" building located in the portion of the D-WS-2 Zone designated in the separate Wood Street Zoning District document as Development Area 2B.
L12. Only Passive Recreation is allowed. Active Recreation and Overnight Camping are not allowed.
L13. Community Gardens and Botanical Gardens are only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure).
L14. Limited Agriculture is only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure). In addition to the CUP criteria contained in Section 17.134.050, this activity must meet the following use permit criteria:
1. The proposal will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood in terms of noise, water and pesticide runoff, farming equipment operation, hours of operation, odor, security, and vehicular traffic;
2. Agricultural chemicals or pesticides will not impact abutting properties or the surrounding neighborhood; and
3. The soil used in growing does not contain any harmful contaminants and the activity will not create contaminated soil.
L15. 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:
1. The proposal will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood in terms of noise, water and pesticide runoff, farming equipment operation, hours of operation, odor, security, and vehicular traffic.
L16. Commercial kitchen operations that include the retail sale, from the premises, of any type of prepared food or beverage where orders are placed predominantly online or by telephone or mail order, and delivery to customers is provided by motor vehicle shall only be permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure).
(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13501, § 4(Exh. A), 7-24-2018; Ord. No. 13434, § 4(Exh. A), 5-2-2017;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)
Zone Specific Standards. Table 17.101A.02 below prescribes development standards specific to individual D-WS Zones in the Wood Street Zoning District. The number designations in the "Additional Regulations" column refer to the regulations listed at the end of the Table. "N/A" designates the regulation is not applicable to the specified D-WS Zone.
Table 17.101A.02—Property Development Standards
Additional Regulations for Table 17.101A.02:
1. Density based on Regular Dwelling Units. For Efficiency Dwelling Units, the minimum lot area per unit shall be one-half (½) that for Regular Dwelling Units. One additional unit is allowed if after division of the total lot area by the minimum lot area the reminder is equal to two-thirds (⅔) or greater of the minimum lot area. For Rooming Units, there is no minimum density standard.
2. See Section 5.23 and Figure 5.23-1 in the separate Wood Street Zoning District document adopted by City Council for additional height restrictions applicable to the Wood Street Zoning District Development Areas and Overlay Areas. Projections above height limits are allowed as set forth in Section 17.108.030 of the Oakland Planning Code. See also Section 17.108.020 for increased height limits in certain situations.
3. See Section 5.80 in the separate Wood Street Zoning District document adopted by City Council for restrictions on additions to the 16 th Street Train Station.
4. For Minimum Street Setbacks, see Figure 5.24-1 in the separate Wood Street Zoning District document adopted by City Council in 2005 as part of Ordinance 12673 C.M.S.
5. For additional Open Space Standards applicable to the Wood Street Zoning District, see Section 5.40 in the separate Wood Street Zoning District document adopted by City Council in 2005 as part of Ordinance 12673 C.M.S.
6. For Standards applicable to the D-WS-5 Zone (same area as Development Area 5), see Section 5.80 in the separate Wood Street Zoning District document adopted by City Council in 2005 as part of Ordinance 12673 C.M.S.
7. For Standards applicable to the D-WS-9 Zone (same area as Development Area 9), see Section 5.90 in the separate Wood Street Zoning District document adopted by City Council in 2005 as part of Ordinance 12673 C.M.S.
8. See Section 17.103.085 for setback and separation requirements for Vehicular Residential Facilities.
(Ord. No. 13779, § 2(Exh. A), 1-16-2024; Ord. No. 13434, § 4(Exh. A), 5-2-2017; Ord. No. 13666, § 3(Exh. A), 11-16-2021)
D-WS WOOD STREET DISTRICT ZONES REGULATIONS[46]
Editor's note— Ord. No. 13270, § 3(Exh. A), adopted November 18, 2014, amended Chapter 17.101A in its entirety to read as herein set out. Formerly, Chapter 17.101A, § 17.101A.010, pertained to the D-WS Wood Street district commercial zone regulations, and derived from Ord. No. 12999, § 4(Exh. A), adopted March 16, 2010; Ord. No. 13064, § 2(Exh. A), adopted March 15, 2011, and Ord. No. 13251, § 5(Exh. A), adopted July 29, 2014.
A.
The provisions of this Chapter (in combination with the separate Wood Street Zoning District document adopted by City Council as part of Ordinance 12673 C.M.S. that prescribes the Zoning Regulations, Standards, and Guidelines for Development and Use of Property within the Wood Street Zoning District), shall be known as the D-WS Wood Street District Zones Regulations. The intent of the Wood Street District (D-WS) Zones is to create an active, pedestrian oriented, mixed-use, urban community in the area generally bounded by 10th Street, Wood Street, West Grand Avenue and Frontage Road/I-880. The D-WS-1 through D-WS-9 Zones are intended to reflect the same boundaries as the Wood Street Development Areas 1 through 9.
B.
The Zoning Regulations, Standards, and Guidelines for Development and Use of Property within the Wood Street Zoning District shall be as prescribed in the original Ordinance 12673 C.M.S., amending Ordinance 13093 C.M.S., all subsequent amending Ordinances adopted by City Council, and as amended below. All such regulation shall apply to the area of the zoning maps with a D-WS designation.
(Ord. No. 13434, § 4(Exh. A), 5-2-2017; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13270, § 3(Exh. A), 11-18-2014)
Table 17.101A.01 lists the permitted, conditionally permitted, and prohibited activities in the D-WS Zones. The descriptions of these activities are contained in Chapter 17.10. Section 17.10.040 contains permitted accessory activities.
"P" designates permitted activities in the corresponding D-WS Zone.
"C" designates activities that are permitted only upon the granting of a Conditional Use permit (CUP) in the corresponding D-WS Zone (see Chapter 17.134 for the CUP procedure).
"L" designates activities subject to certain limitations or notes listed at the bottom of the table.
"—" designates activities that are prohibited except as accessory activities according to the regulations contained in Section 17.010.040.
Table 17.101A.01: Permitted and Conditionally Permitted Activities
Limitations on Table 17.101A.01:
L1. See Section 17.103.010 for other regulations regarding Residential Care Residential Activities, and Sections 17.103.010 and 17.103.015 for other regulations regarding Emergency Shelter Residential Activities. Notwithstanding anything to the contrary contained in the Planning Code, Emergency Shelter Residential Activities are permitted by-right on properties owned by churches, temples, synagogues, and other similar places of worship approved for Community Assembly Civic Activities; prohibited elsewhere in the zone.
L2. Only the following activities are permitted: 1) places of worship, churches, temples, mosques, and synagogues with a total floor area of three thousand (3,000) square feet or less; and 2) public, parochial, private and non-profit clubs and lodges, meeting halls, recreation centers, and gymnasiums with a floor area of five thousand (5,000) square feet or less.
L3. Activities with a total floor area greater than three thousand (3,000) square feet require the granting of a conditional use permit (see Chapter 17.134), and activities with a floor area over five thousand (5,000) square feet are prohibited.
L4. Only police substations and neighborhood-servicing post offices that have a total floor area not exceeding one thousand (1,000) square feet are permitted. Other Utility and Vehicular Civic Activities are prohibited.
L5. Grocery markets shall be: 1) limited to a maximum floor area of three thousand (3,000) square feet; and 2) only be open between 6:00 AM and 10:00 PM.
L6. Convenience markets shall not be greater than five thousand (5,000) square feet.
L7. Alcoholic Beverage Sales is limited to sale of beer and wine.
L8. Floor area devoted to Medical Service Commercial Activities is limited to a maximum two thousand five hundred (2,500) square feet.
L9. Retail Business supply stores shall be: 1) limited to office and art supply stores; and 2) limited to a maximum of three thousand (3,000) square feet.
L10. Activities with a total floor area greater than five thousand (5,000) square feet require the granting of a conditional use permit (see Chapter 17.134) and activities with a floor area over ten thousand (10,000) square feet are prohibited except for the portion of the D-WS-2 Zone designated in the separate Wood Street Zoning District document as Development Area 2B (the icehouse property). This activity is limited to neighborhood-serving construction product sales and services (Note: Hardware Stores are a General Retail Sales Commercial Activity, refer to L3)
L11. Only applies to the "Icehouse" building located in the portion of the D-WS-2 Zone designated in the separate Wood Street Zoning District document as Development Area 2B.
L12. Only Passive Recreation is allowed. Active Recreation and Overnight Camping are not allowed.
L13. Community Gardens and Botanical Gardens are only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure).
L14. Limited Agriculture is only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure). In addition to the CUP criteria contained in Section 17.134.050, this activity must meet the following use permit criteria:
1. The proposal will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood in terms of noise, water and pesticide runoff, farming equipment operation, hours of operation, odor, security, and vehicular traffic;
2. Agricultural chemicals or pesticides will not impact abutting properties or the surrounding neighborhood; and
3. The soil used in growing does not contain any harmful contaminants and the activity will not create contaminated soil.
L15. 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:
1. The proposal will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood in terms of noise, water and pesticide runoff, farming equipment operation, hours of operation, odor, security, and vehicular traffic.
L16. Commercial kitchen operations that include the retail sale, from the premises, of any type of prepared food or beverage where orders are placed predominantly online or by telephone or mail order, and delivery to customers is provided by motor vehicle shall only be permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure).
(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13501, § 4(Exh. A), 7-24-2018; Ord. No. 13434, § 4(Exh. A), 5-2-2017;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)
Zone Specific Standards. Table 17.101A.02 below prescribes development standards specific to individual D-WS Zones in the Wood Street Zoning District. The number designations in the "Additional Regulations" column refer to the regulations listed at the end of the Table. "N/A" designates the regulation is not applicable to the specified D-WS Zone.
Table 17.101A.02—Property Development Standards
Additional Regulations for Table 17.101A.02:
1. Density based on Regular Dwelling Units. For Efficiency Dwelling Units, the minimum lot area per unit shall be one-half (½) that for Regular Dwelling Units. One additional unit is allowed if after division of the total lot area by the minimum lot area the reminder is equal to two-thirds (⅔) or greater of the minimum lot area. For Rooming Units, there is no minimum density standard.
2. See Section 5.23 and Figure 5.23-1 in the separate Wood Street Zoning District document adopted by City Council for additional height restrictions applicable to the Wood Street Zoning District Development Areas and Overlay Areas. Projections above height limits are allowed as set forth in Section 17.108.030 of the Oakland Planning Code. See also Section 17.108.020 for increased height limits in certain situations.
3. See Section 5.80 in the separate Wood Street Zoning District document adopted by City Council for restrictions on additions to the 16 th Street Train Station.
4. For Minimum Street Setbacks, see Figure 5.24-1 in the separate Wood Street Zoning District document adopted by City Council in 2005 as part of Ordinance 12673 C.M.S.
5. For additional Open Space Standards applicable to the Wood Street Zoning District, see Section 5.40 in the separate Wood Street Zoning District document adopted by City Council in 2005 as part of Ordinance 12673 C.M.S.
6. For Standards applicable to the D-WS-5 Zone (same area as Development Area 5), see Section 5.80 in the separate Wood Street Zoning District document adopted by City Council in 2005 as part of Ordinance 12673 C.M.S.
7. For Standards applicable to the D-WS-9 Zone (same area as Development Area 9), see Section 5.90 in the separate Wood Street Zoning District document adopted by City Council in 2005 as part of Ordinance 12673 C.M.S.
8. See Section 17.103.085 for setback and separation requirements for Vehicular Residential Facilities.
(Ord. No. 13779, § 2(Exh. A), 1-16-2024; Ord. No. 13434, § 4(Exh. A), 5-2-2017; Ord. No. 13666, § 3(Exh. A), 11-16-2021)