A.

Additional Use Permit Criteria. A conditional use permit for any conditionally permitted Residential Care or Emergency Shelter Residential 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 additional use permit criteria:

1.

That staffing of the facility is in compliance with any State Licensing Agency requirements;

2.

That if located in a Residential Zone, the operation of buses and vans to transport residents to and from off-site activities does not generate vehicular traffic substantially greater than that normally generated by Residential Activities in the surrounding area;

3.

That if located in a Residential Zone, the on-street parking demand generated by the facility due to visitors is not substantially greater than that normally generated by the surrounding Residential Activities;

4.

That if located in a Residential Zone, arrangements for delivery of goods are made within the hours that are compatible with and will not adversely affect the livability of the surrounding properties;

5.

That the facility's program does not generate noise at levels that will adversely affect the livability of the surrounding properties.

B.

Restriction on Overconcentration of Resident Care and Emergency Shelter Residential Activities.

1.

No Residential Care Residential Activity shall be located closer than three hundred (300) feet from any other Residential Care Residential Activity, except for Residential Care Facilities for foster family homes and the elderly.

2.

No Emergency Shelter Residential Activity shall be located closer than three hundred (300) feet from any other Emergency Shelter Residential Activity.

C.

See Section 17.103.015 for standards applicable to Emergency Shelters permitted "by-right".

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013)

A.

Notwithstanding anything to the contrary contained in the Planning Code, Emergency Shelter Residential Activities shall be permitted by-right on properties owned by churches, temples, synagogues, and other similar places of worship approved for Community Assembly Civic Activities. Emergency shelters shall also be permitted by-right within the following areas, identified street corridors, and portions of street corridors (see Zoning Code Bulletin on Emergency Shelters Permitted By-right for a map of the following locations):

1.

That portion of Martin Luther King Jr. Way lying between the 51 ^st Street and the City of Oakland City Limits (Segment A on map in Zoning Code Bulletin).

2.

That portion of San Pablo Boulevard lying between 53 ^rd Street and the City of Oakland City Limits (Segment B on map in Zoning Code Bulletin).

3.

That portion of the area surrounding Webster Street bounded by 29 ^th Street to the south, the 1-580 overpass to the north and Elm Street to the west and Webster Street (parcels fronting Webster Street) to the east (Segment C on map in Zoning Code Bulletin).

4.

That portion of San Pablo Boulevard lying between Grand Avenue and 1-580 (Segment D on map in Zoning Code Bulletin).

5.

That area surrounding Third Street bounded by Martin Luther King Jr. Way to the east, Fifth Street to the north, Embarcadero West to the south and Union Street to the west (Segment E on map in Zoning Code Bulletin).

6.

That portion of E. 12 ^th Street between 14 ^th Avenue and 23 ^rd Avenue (Segment F on map in Zoning Code Bulletin).

7.

That portion of Macarthur Boulevard between Fruitvale Avenue and High Street (Segment G on map in Zoning Code Bulletin).

8.

That area of Coliseum Way bounded by San Leandro Street to the north, 1-880 to the south, 66 ^th Avenue to the east and High Street to the west (Segment H on map in Zoning Code Bulletin).

B.

Where permitted by-right, Emergency Shelters shall comply with the development standards of the underlying zone and be in accordance with the following additional criteria:

1.

Compliance with required licenses, permits, and approvals. An Emergency Shelter shall obtain and maintain in good standing required licenses, permits, and approvals from city, county and state agencies or departments and demonstrate compliance with applicable Building and Fire Codes. An Emergency Shelter Residential Facility shall comply with all county and state health and safety requirements for food, medical and other supportive services provided on-site.

2.

Number of beds. A maximum of number of one hundred (100) beds or persons are permitted to be served nightly by the facility.

3.

Off Street Parking. See Sections 17.116.060(B) and 17.103.010(A) for parking-related requirements for Emergency Shelters.

4.

Size and location of exterior onsite waiting and client intake areas. Exterior waiting areas shall comply with the applicable Design Review Criteria.

5.

Restriction on overconcentration of Emergency Shelter Residential Activities. See Section 17.103.010(B) for overconcentration standards for Emergency Shelter Residential Activities.

6.

Length of stay. No individual or family shall reside in an Emergency Shelter for more than one hundred eighty (180) consecutive days.

7.

External Lighting and Security. Satisfactory completion of the City of Oakland's "Crime Prevention Through Environmental Design (CPTED) Checklist for Residential Projects" is required for all emergency shelters permitted by-right.

8.

Additional Requirements. For City of Oakland funded shelters refer to the current "Standard Contract - Service Agreement" that governs the disposition of funds from the City of Oakland, through the Department of Human Services, to a shelter operator.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13248, § 3(Exh. A), 7-15-2014)

A low-barrier navigation center shall be permitted by-right in areas zoned to permit Permanent Residential Activities, including within mixed-use and nonresidential zones permitting Permanent Residential Activities, if it meets the following requirements:

A.

Connected Services. It offers services to connect people to permanent housing through a services plan that identifies services staffing.

B.

Coordinated Entry System. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. "Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

C.

Code Compliant. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

D.

Homeless Management Information System. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System, as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

Use by-right has the meaning defined in subdivision (i) of Section 65583.2 of the California Government Code. Division 13 (commencing with Section 21000) of the California Public Resources Code shall not apply to actions taken by a public agency to lease, convey, or encumber land owned by a public agency, or to facilitate the lease, conveyance, or encumbrance of land owned by a public agency, or to provide financial assistance to, or otherwise approve, a low-barrier navigation center constructed or allowed by this section.

(Ord. No. 13763, § 5, 10-3-2023)

A.

Additional Use Permit Criteria. A conditional use permit for any conditionally permitted Special Health Care Civic Activities 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 use permit criteria:

1.

That each Special Health Care Civic activity be no located no less than two thousand five hundred (2,500) feet from the nearest Special Health Care Civic activity within the City of Oakland.

2.

That each Special Health Care Civic activity be a minimum of five hundred (500) feet from the following activities:

a.

Schools K—12;

b.

Licensed Emergency Shelters.

3.

That each Special Health Care Civic Activity meets the following Performance Standards and that these performance standards be included as standard conditions of approval. These performance standards may be amended or expanded by 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. 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.

A plan for any exterior changes and signage shall be reviewed and approved by the Zoning Administrator.

c.

Storefronts shall have glass or transparent glazing in the windows. No more than thirty percent (30%) of any window area shall be covered by signs, banners, or opaque coverings of any kind.

d.

Final floor plans shall be reviewed and approved by the Zoning Administrator prior to issuance of building permits.

e.

Fenced yards shall be fenced with fencing a minimum of six (6) feet tall. Such fencing shall be of an open design.

f.

One (1) non-flammable trash container and ashtray shall be located in front of the facility for smokers.

g.

Clients shall not be allowed to loiter outside the building on the sidewalk or street. Clients waiting to be served shall be accommodated inside the building.

h.

Days and hours of operation shall be Monday through Friday, 8:00 a.m. to 6:00 p.m. Clients shall be discouraged from loitering prior to 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 visible to pedestrians in front of the property. These performance standards and any conditions of approval, days and hours of operation, phone contact, and after hours phone contacts shall be posted where visible to the public twenty-four (24) hours a day.

i.

Graffiti shall be removed within seventy-two (72) hours of application. No exterior pay telephones shall be installed.

j.

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.

k.

Prior to issuance of building permits or commencement of use, applicant shall submit a needle retrieval plan for all Special Health Care Civic Activities that provide needle exchange services on site. The plan shall, at a minimum, detail the protocol for the exchange of clean needles for dirty needles and for retrieving used needles within three hundred (300) feet of the site on a regular basis.

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

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.

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 Full-Service 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)

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)

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.

2.

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)

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)

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 off-street 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)

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

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

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.

6.

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 Section 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 Section 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. 13800, § 3(Exh. B), 6-18-2024; Ord. No. 13763, § 5, 10-3-2023; 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.

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-four-hour 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.

3.

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)

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), 7-2-2013)

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:

1.

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)

See Chapter 17.104 for special regulations regarding Sign Facilities.

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

See Chapter 17.128 for special regulations regarding Telecommunications Facilities.

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