A.

The provisions of this Chapter shall be known as the D-OTN Oak-to-Ninth District Zone Regulations.

B.

The "Zoning Regulations and Standards for Development and Use of Property within the Oak to Ninth Mixed Use Development" which are attached to Ordinance 12758 C.M.S, and as amended in Section 17.101B.020, shall apply to the area designated in Ordinance 12759 C.M.S.

C.

This Chapter establishes land use regulations and development standards for the Oak-To-Ninth Mixed Use Development, now known as Brooklyn Basin. The approximately 63.82-acre site is bounded by Embarcadero Road, the Oakland Estuary, Fallon Street, and 10 ^th Avenue, and includes the Clinton Basin Marina and the Fifth Avenue Marina, but does not include Fifth Avenue Point.

D.

The 63.82-acre Oak to Ninth District (Brooklyn Basin) area is governed by the following set of regulations: the regulations set forth in this Chapter; Chapter 17.11 - OS Open Space zoning regulations for Open Space Region-Serving Park (OS-RSP); the Preliminary Development Plan dated February 2006 and approved on June 20, 2006, amended on November 5, 2014 and amended on May 16, 2023 Oak to Ninth Design Guidelines amended on November 5, 2014; Vesting Tentative Tract Map No. 7621 dated March 8, 2006 and approved on June 20, 2006; Conditions of Approval approved on June 20, 2006, amended on May 17, 2017 and on May 16, 2023; the Mitigation Monitoring Reporting Program approved on June 20, 2006, and the Development Agreement approved on June 20, 2006, amended on May 16, 2023.

The specific purposes of the D-OTN Oak To Ninth District Zone are to:

A.

Encourage the creation of a mixed-use district that integrates a combination of residential, commercial, public open space and civic uses.

B.

Establish development standards that allow residential, commercial, public open space and civic activities to compatibly co-exist.

C.

Provide a balance of private development and public open space with convenient access to public open space and the waterfront.

D.

Improve access to the waterfront and recreational opportunities along the waterfront including boat launches and marinas.

E.

Encourage quality and variety in building and landscape design as well as compatibility in use and form.

F.

Encourage development that is respectful of the environmental qualities that the site has to offer.

The 63.82-acre Oak to Ninth District (Brooklyn Basin Project) area is divided into two major areas: private residential and commercial development (approximately 34 acres), and public parks, open space, and civic uses (approximately 30 acres), and is assigned two separate zoning districts.

Residential and Commercial Uses

Oak to Ninth District. The D-OTN Zone is intended to provide mid-rise and high-rise housing opportunities together with ground floor retail and commercial uses. Future development will be set back from the waterfront and will stress compatibility between residential and nonresidential uses and reflect a variety of housing and business types.

Public Parks, Open Space, and Civic Uses

Open Space - Region Serving Park. The OS-RSP Zone is the area that is designated for public parks, open space, and civic uses. New parks include Shoreline Park, including the remaining portion of the 9 ^th Avenue Terminal, South Park, Channel Park, and Estuary Park. Clinton Basin and the Fifth Avenue Marina are also included in this zoning district. Uses proposed in this zone are regulated by the City of Oakland as Trustee in consultation with the State Lands Commission which retains jurisdiction over Public Trust lands.

Notwithstanding the provisions of Chapter 17.11, Open Space Zoning Regulations, open space activities and facilities in the Oak to Ninth District (Brooklyn Basin) area that would otherwise require a Conditional Use Permit pursuant to Planning Code Sections 17.11.060 and 17.11.090 instead shall be approved as part of the Preliminary Development Plan or Final Development Plan.

Notwithstanding the provisions of Municipal Code Chapter 6.04.080, dogs shall be allowed leashed in all public parks and open space areas within the Oak-To-Ninth District (Brooklyn Basin) area boundaries. Dogs shall be allowed unleashed in the dog park designated in the Final Development Plan.

(Ord. No. 13826, § 2(Exh. A), 12-17-2024)

All development projects within the D-OTN Oak To Ninth District Zone will be processed using a Planned Unit Development permitting process. The approved Preliminary Development Plan dated June 20, 2006, as amended on May 16, 2023, provides the comprehensive development framework for the entire 63.82-acre site. The entire development will be constructed in five phases. Each phase requires submittal and approval of a Final Development Plan. Design Review for each Final Development Plan shall follow the schedule outlined in Chapter 17.136, Design Review Procedure. Each building or structure not submitted with the application for a Final Development Plan will require separate design review approval. Both the Preliminary and Final Development Plans shall be prepared by a professional design team consisting of a registered civil engineer, licensed architect, planner or licensed building designer, and any other qualified professionals that the City may require.

Other applications required for development and use of property within the D-OTN Oak To Ninth District Zone (e.g., subdivision map) shall submitted concurrently with the Preliminary Development Plan or the Final Development Plan.

(Ord. No. 13826, § 2(Exh. A), 12-17-2024)

The Preliminary Development Plan shall include the following:

1.

Streets, driveways, sidewalks, pedestrian and bikeways, and off-street parking and loading areas, including integration with surrounding uses;

2.

Shoreline improvements;

3.

Location and dimensions of structures;

4.

Utilization of property for residential and non-residential use;

5.

Population estimates;

6.

Public uses, including civic buildings, parks, playgrounds, and other open space uses;

7.

Major landscaping features, including a tree survey indicating trees protected by Municipal Code Chapter 12.36, as it may be amended;

8.

Creeks protected by Municipal Code Chapter 13.16, as it may be amended;

9.

Historic resources pursuant to the City's Historic Preservation Element Policy 3.8 or as defined in Section 15064.5 of Title 22 of the California Code of Regulations;

10.

Plan and elevation drawings establishing the scale, bulk, massing, character, and relationships of buildings, streets, and public and private open space in a schematic or conceptual format;

11.

A tabulation of the land use area and gross floor area to be devoted to various uses and a calculation of the average residential density per gross acre and per net acre;

12.

A preliminary phasing plan generally depicting projected development time frames including quantitative data, such as population, housing units, land use acreage, and other data sufficient to illustrate the relationship between the phasing of development and the provision of public facilities and services;

13.

A preliminary public services and facilities plan including proposed location, extent and intensity of essential public facilities and services such as public and private streets and transit facilities, pedestrian access, bikeways, sanitary sewer service, water service, storm drainage structures, solid waste disposal and other utilities; and a table comparing the plan description to the existing location, extent, and intensity of such essential public facilities and services; and

14.

A public facilities financing plan.

(Ord. No. 13826, § 2(Exh. A), 12-17-2024)

The Planning Director shall forward the Preliminary Development Plan (PDP) or proposed amendment thereof to the City Engineer for review no later than ten (10) days after a determination that the submittal is complete. The Planning Commission shall hold a public hearing on the Preliminary Development Plan or amendment thereof no later than seventy-five (75) days after it is sent to the City Engineer or within thirty (30) days of the Planning Commission receiving a report from the City Engineer, whichever is earlier. Notice of the hearing shall be given by the City Clerk or Planning Director, as set forth in Section 17.140.030.

The Planning Commission shall approve the Preliminary Development Plan or amendment thereof if it makes written findings that the Preliminary Development Plan is in substantial conformance with the D-OTN Oak To Ninth District Zone Regulations, Chapter 17.11 - OS Open Space zoning regulations for Open Space Region-Serving Park (OS-RSP), the Oak to Ninth Design Guidelines, Vesting Tentative Tract Map No. 7621, Conditions of Approval, and the Mitigation Monitoring Reporting Program, as they may be amended.

The Planning Commission shall disapprove the Preliminary Development Plan or amendment thereof if it makes written findings that the Preliminary Development Plan is not in substantial conformance with the D-OTN Oak To Ninth District Zone Regulations, Open zoning regulations for Open Space Region-Serving Park (OS-RSP), the Oak to Ninth Design Guidelines, Vesting Tentative Tract Map No. 7621, Conditions of Approval, and the Mitigation Monitoring Reporting Program, as they may be amended, and that it is not possible to require changes or impose conditions of approval as are reasonably necessary to ensure conformity to these documents.

The decision of the Planning Commission on the Preliminary Development Plan or amendment thereof shall become final ten (10) calendar days after the adoption of the findings, unless the Planning Commission decision is appealed to the City Council in accordance with Section 17.140.070. In the event the last date to file an 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.

If the Preliminary Development Plan or amendment thereof satisfies the requirements for a Final Development Plan (as described in section 17.101B.050), the Preliminary Development Plan may also serve as a Final Development Plan and shall be entitled the "Preliminary and Final Development Plan," and include all the submittal requirements for each application as set forth in sections 17.101B.030 and 17.101B.050. No separate Final Development Plan shall be required to be filed when the Preliminary Development Plan is combined with a Final Development Plan.

(Ord. No. 13826, § 2(Exh. A), 12-17-2024)

Final Development Plans shall be submitted for each phase of development. Final Development Plans shall include all information contained in the Preliminary Development Plan plus the following requirements in sufficient detail to indicate the operation and appearance of all development shown on the Final Development Plan (FDP).

1.

The location of all public infrastructure that provides water, sewage, and drainage facilities and other utility services.

2.

The location of all private infrastructure that provides gas, electric, and other utility services.

3.

The location of all shoreline improvements and remediation plans.

4.

Detailed building plans, elevations, sections, and a description of all exterior building materials if a development project is included with the Final Development Plan. The application for the first building proposed in a phase must show the conceptual building massing, heights, and rooflines of future buildings on all adjacent parcels to be constructed within the phase in order to evaluate shadows, relationships between buildings, access and circulation.

5.

Landscape plans, and buffering plans, if required, prepared by a landscape architect, if a development project is included with the Final Development Plan.

6.

The character and location of signs.

7.

Detailed improvement plans for all public and private streets, driveways, sidewalks, pedestrian and bikeways, and off-street parking and loading areas.

8.

Detailed improvement plans for all parks and open space areas, including programmed activities and the Bay Trail.

9.

Detailed demolition plans for the appropriate phase.

10.

Grading and soil remediation plans approved by the appropriate agency, other earth-moving plans, if appropriate, including estimated quantities and the grading schedule for the appropriate phase.

11.

The public facilities financing plan for the appropriate phase approved as part of the Preliminary Development Plan modified as necessary to reflect changed conditions or new information.

12.

Plan references to all improvements for the appropriate phase required for the Vesting Tentative Tract Map 7621 approved on June 20, 2006, and as may be amended.

13.

Plan references to all improvements for the appropriate phase required of the Conditions of Approval for the project approved on June 20, 2006, and as may be amended.

14.

Plan references to all improvements for the appropriate phase required of the Mitigation Monitoring Reporting Program for the project approved on June 20, 2006, and as applicable.

15.

An applicant shall submit evidence of all documents required for dedication or reservation of land and for all bonds or other forms of financial assurances acceptable to the City required for timely completion of on-site and off-site public improvements necessitated by the project including, without limitation, for guaranteeing completion and faithful performance of the work with the Final Development Plan, including but not limited to, approved subdivision improvement agreements.

(Ord. No. 13826, § 2(Exh. A), 12-17-2024)

The Planning Director shall forward the Final Development Plan to the City Engineer for review no later than ten (10) days after a determination that the submittal is complete. The Planning Commission shall hold a public hearing on the Final Development Plan, including Design Review, no later than seventy-five (75) days after the Plan is sent to the City Engineer or within thirty days of the Planning Commission receiving a report from the City Engineer, whichever is earlier. Notice of the hearing shall be given by the City Clerk or Planning Director as set forth in Section 17.140.030.

The Planning Commission shall approve the Final Development Plan if it makes written findings that the Final Development Plan is in substantial conformance with the Preliminary Development Plan; Oak to Ninth Design Guidelines, D-OTN Oak To Ninth District Zone Regulations, the Open Space zoning regulations for Open Space Region-Serving Park (OS-RSP), Vesting Tentative Tract Map No. 7621, Conditions of Approval, Mitigation Monitoring Reporting Program, and the Development Agreement, as they may be amended.

The Planning Commission shall disapprove the Final Development Plan if it makes written findings that the Final Development Plan is not in substantial conformance with the Preliminary Development Plan; Oak to Ninth Design Guidelines, D-OTN Oak To Ninth District Zone Regulations, the Open Space zoning regulations for Open Space Region-Serving Park (OS-RSP), Vesting Tentative Tract Map No. 7621, Conditions of Approval, Mitigation Monitoring Reporting Program, and the Development Agreement, as they may be amended, and that it is not possible to require changes or impose conditions of approval as are reasonably necessary to ensure such conformity.

The decision of the Planning Commission on the Final Development Plan shall be final ten (10) calendar days after the adoption of the findings unless the Planning Commission decision is appealed to the City Council in accordance with Section 17.140.070. In the event the last date to file an 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.

(Ord. No. 13826, § 2(Exh. A), 12-17-2024)

Design review for any residential, commercial, or civic development projects that are not submitted with a Final Development Plan application will be reviewed and approved separately. The procedure for Design Review shall follow the schedule outlined in Chapter 17.136, Design Review Procedure. Design Review shall be limited to a determination of whether or not the proposed design conforms to the Oak-to-Ninth Design Guidelines and is in substantial compliance with the Final Development Plan, Vesting Tentative Tract Map No. 7621, Conditions of Approval, Mitigation Monitoring Reporting Program, and the Development Agreement. The Director of City Planning shall refer the application to the Planning Commission. The Planning Commission's decision may be appealed to the City Council.

(Ord. No. 13826, § 2(Exh. A), 12-17-2024)

Minor changes to an approved Preliminary or Final Development Plan may be approved by the Planning Director prior to issuance of a certificate of occupancy if such changes are consistent with the purposes and character of the approved Preliminary or Final Development Plan. Minor changes, modifications or adjustments may include, but are not limited to, minor adjustments to the phasing plan boundaries, adjustments to public improvements and access if the proposed changes do not interfere with view corridors or access to the waterfront, minor modifications to the grading plan, minor changes to lot lines, minor modifications to the street sections, minor adjustments to roadway alignments, the amount and distribution of commercial uses within an existing phase, modifications to shoreline treatment, minor adjustments to setbacks and exterior materials, and modifications of the landscaping plan. The decision of the Planning Director can be appealed to the Planning Commission and final action on any appeal rests with the Planning Commission.

Amendments to the Preliminary Development Plan or Final Development Plan would be required if changes to the road alignments affected views and access to the waterfront, changes were proposed to the height, massing, and location of buildings (other than those in the tower zones), if the overall density were changed, and for any other change that the Planning Director found was not in substantial compliance with the Preliminary Development Plan or the Final Development Plan. The revised Preliminary Development Plan or Final Development Plan would be reviewed by the Planning Commission at a noticed public hearing. The decision of the Planning Commission may be appealed to the City Council.

(Ord. No. 13826, § 2(Exh. A), 12-17-2024)

After issuance of a certificate of occupancy, no building, sign, or other structure shall be constructed or established, or altered in such a manner as to affect exterior appearance, unless plans for such proposal have been approved with a finding that the proposals shall be in substantial compliance with the Oak-to-Ninth Design Guidelines specified for the Oak-to-Ninth Development Project. Approval is not required for temporary realty or development signs, holiday decorations, and displays behind a display window; or for mere changes of copy, including cutouts, on signs the customary use of which involves periodic changes of copy.

(Ord. No. 13826, § 2(Exh. A), 12-17-2024)

Table 17.101B.01 lists the permitted, conditionally permitted, and prohibited activities in the D-OTN and OS-RSP Zones within the Oak to Ninth District (Brooklyn Basin) area. The descriptions of these activities are contained in Chapter 17.10. Section 17.10.040 contains permitted accessory activities.

"P" designates permitted activities in the corresponding zone.

"C" designates activities that are permitted only upon the granting of a Conditional Use Permit (CUP) in the corresponding zone (see Chapter 17.134 for the CUP procedure).

"L" designates activities subject to certain limitations or notes listed at the bottom of the table.

"—" designates activities that are prohibited except as accessory activities according to the regulations contained in Section 17.010.040.

Table 17.101B.01: Permitted and Conditionally Permitted Activities

Limitations on Table 17.101B.01:

L1. 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:

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;

b. Agricultural chemicals or pesticides will not impact abutting properties or the surrounding neighborhood; and

c. The soil used in growing does not contain any harmful contaminants and the activity will not create contaminated soil.

L2. 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.

L3. 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.

L4. Permanent Residential Activities are only permitted in the OS-RSP Zone upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure), and only if the extent of the activity meets the definition of "Caretaker's quarters" in Section 17.09.050.

(Ord. No. 13826, § 2(Exh. A), 12-17-2024)

A.

The residential density for the overall 63.82-acre Oak To Ninth District (Brooklyn Basin) area averages approximately fifty-eight (58) dwelling units per gross acre, and approximately one hundred and sixty-seven (167) dwelling units per net acre. The density is distributed over thirteen development parcels or areas as shown in Table 17.101.B.02 and Table 17.101.B.03.

Table 17.101B.02: Maximum Residential Density

*Net developable acres exclude 9.18 acres of roads.

Table 17.101B.03: Development Parcels or Areas

*These two parcels are designated for 465 units of affordable housing. Refer to the Conditions of Approval for the Brooklyn Basin/Oak-to-Ninth Development Project and the Development Agreement, Exhibit L, for the details of the affordable housing obligations.

Density Transfer. Unused allowable densities, or number of units approved for a development parcel may be used on, or transferred to, another development parcel. The number of dwelling units per development parcel may increase or decrease provided that:

(1) The number of dwelling units being transferred does not exceed more than thirty-three percent (33%) of the allocation of the development parcel receiving the transferred units (more than thirty-three percent (33%) up to fifty percent (50%) of the dwelling units may be transferred subject to design review approval);

(2) The total number of dwelling units does not exceed three thousand seven hundred (3,700) for the entire Oak to Ninth Mixed Use Development Project;

(3) The average density for the entire project does not exceed one hundred sixty-seven (167) dwelling units per net acre; and

(4) The height of the buildings where the density is being transferred does not exceed the building heights approved in the Preliminary Development Plan (PDP), unless specified in the PDP.

(Ord. No. 13826, § 2(Exh. A), 12-17-2024)

Approximately two hundred thousand (200,000) square feet of retail, commercial, and civic uses is distributed throughout the project area primarily on the ground floor level of the structures with residential units above. The remaining portion of the Ninth Avenue Terminal is also included in this total.

(Ord. No. 13826, § 2(Exh. A), 12-17-2024)

Height limits throughout the project area range from eighty-six (86) feet to two hundred forty (240) feet. The height of mid-rise structures on designated parcels can increase up to one hundred and twenty (120) feet; however, the heights of the 240-foot towers cannot be increased. Any increases in density and height will need to be approved by the Planning Commission when considering the Final Development Plan or architectural design review for a development project that is not part of the Final Development Plan submittal.

(Ord. No. 13826, § 2(Exh. A), 12-17-2024)

All front, side, rear, and comer side yard setbacks will be determined through the design review approval process and must conform to the Preliminary Development Plan, Final Development Plan, Oak-to-Ninth Mixed Use Development Design Guidelines, and Vesting Tentative Tract Map No. 7621, if specified. Appropriate buffer treatments may be required of buildings adjacent to other zoning district boundaries or between uses that the Planning Director has determined to be potentially incompatible. Buffer treatments could include, but are not limited to, a combination of setbacks, visual buffers, barriers, or dense landscaping.

(Ord. No. 13826, § 2(Exh. A), 12-17-2024)

All lot area, width, and frontage requirements will be determined through the design review approval process and must conform to the Preliminary Development Plan, Final Development Plan, Vesting Tentative Tract Map No. 7621, and Oak-to-Ninth Mixed Use Development Design Guidelines, if specified.

(Ord. No. 13826, § 2(Exh. A), 12-17-2024)

Residential Uses - A minimum of one hundred fifty (150) square feet per residential unit must be provided as usable open space. Each square foot of private usable open space conforming to the provisions of Section 17.126.040 shall be considered equivalent to two square feet of required group usable open space and may be so substituted. Group open space may be located anywhere on the same development parcel including the roof of any building on the site.

(Ord. No. 13826, § 2(Exh. A), 12-17-2024)

A detailed landscaping, paving, and buffering plan shall be submitted for every development project, consistent with the Preliminary Development Plan or Final Development Plan, the Oak to Ninth Design Guidelines, and Chapter 17.124 except as noted below, and shall contain the following:

1.

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

2.

A minimum of one (1) fifteen-gallon tree, or substantially equivalent landscaping as approved by the Planning Director, shall be provided for every 20 to 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 to be provided shall include street trees to the satisfaction of the Public Works Agency.

3.

For surface parking lots greater than three thousand (3,000) square feet in size, at least one tree shall be provided for every six (6) parking spaces.

4.

For surface parking lots adjacent to private property or public open space, buffering shall be provided to minimize potential impacts between uses.

5.

For buildings adjacent to other zoning district boundaries, or between uses that the Planning Director has determined to be potentially incompatible, buffer treatments should be applied and could include, but are not limited to, a combination of setbacks, visual buffers, barriers, or dense landscaping. This does not apply to development which is separated from public open space by a street right-of-way.

(Ord. No. 13826, § 2(Exh. A), 12-17-2024)

Parking and Loading Standards shall be consistent with Chapter 17.116, unless as specified below in Table 17.101B.04.

Table 17.101B.04: Parking Requirements

Note: A seventy-five percent (75%) reduction in parking is permitted for housing for persons who are physically disabled, or who are sixty (60) years or older, and the occupancy of the units is guaranteed for at least fifty (50) years (See Chapter 17.116.110).

(Ord. No. 13826, § 2(Exh. A), 12-17-2024)

Signs in the Oak-to-Ninth District (Brooklyn Basin) area shall be consistent with the adopted Master Sign Plan requirements listed below:

A.

Individual Signs. Individual signs not part of an approved Master Sign Plan are subject to design review in accordance with Chapter 17.104.

B.

Master Sign Plan. A master sign plan shall be submitted with each Final Development Plan to be approved by the Planning Commission. The decision of the Planning Commission may be appealed to the City Council. Applications for approval of a master sign plan shall include the following:

1.

A master sign program, drawn to scale, delineating the site proposed to be included within the signing program and the general location of all signs;

2.

Drawings and/or sketches indicating the exterior surface details of all buildings on the site on which wall signs, directory signs, ground signs, or projecting signs are proposed;

3.

A statement of the reasons for any requested modifications to the regulations or standards of Chapter 17.104;

4.

A written program specifying sign standards, including color, size, construction details, placement, and necessity for City review for distribution to future tenants.

C.

Master Sign Plan Approval. In approving a master sign program, the Director shall find:

1.

That the plan's contribution to the design quality of the site and surrounding area will be superior to the quality that would result under the regulations and standards of Section 17.104.

2.

That the proposed signs are compatible with the style or character of existing improvements on the site and are well-related to each other.

3.

That future tenants will not be denied adequate opportunities for identification if transfers of sign area from one building frontage to another are proposed by the master sign plan.

4.

Roof and penthouse signs are permitted provided that the signs are integrated with the design and materials of the building, subject to design review by the Planning Director. No more than one sign is approved per phase unless approved by the Planning Director.

5.

One Master Identification Sign visible to the I-880 freeway is permitted for the project subject to design review by the Planning Director.

The Planning Director may require any reasonable conditions necessary to carry out the intent of the master sign plan requirements while still permitting each sign user opportunities for effective identification and communication.

D.

Prohibited Location, Sign Type, and Message. The following types of signs and locations of signs are prohibited:

1.

A sign in a required yard adjoining a street property line which interferes with driveway visibility. Visibility of a driveway crossing a street property line shall not be blocked between a height of two and one-half (2.5) feet and seven (7) feet for a depth of five (5) feet from the street property line as viewed from the edge of the right-of-way on either side of the driveway at a distance of fifty (50) feet or at the nearest property line intersecting the street property line, whichever is less.

2.

Moving, flashing or animated signs, balloons or similar inflated signs, portable signs, searchlights, flags, pennants, streamers, spinners or similar devices, except as specifically authorized by the Planning Director.

3.

Signs with lighting, colors, design or text that could be confused with a public traffic directional sign or control device.

4.

Signs containing statements, words, pictures, or other representations which are in reference to obscene matter which violates the California Penal Code Section 311 et seq.

5.

Exterior signs made of materials that are impermanent and will not stand exposure to weather.

6.

Signs affixed to any vehicle or trailer on a public street or public or private property unless the vehicle or trailer is intended to be used in its normal business capacity and not for the sole purpose of attracting business.

(Ord. No. 13826, § 2(Exh. A), 12-17-2024)