The provisions of this Chapter shall be known as the Definitions. The purpose of these provisions is to promote consistency and precision in the interpretation of the zoning regulations. The meaning and construction of words and phrases as hereinafter set forth shall apply throughout the zoning regulations, except where the context of such words or phrases clearly indicates a different meaning or construction.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. 12054 § 1(c), 1998; prior planning code § 2100)

The following general rules of construction shall apply to the textual provisions of the zoning regulations:

A.

The particular shall control the general.

B.

In case of any difference of meaning or implication between the text of any provision and any caption or illustration, the text shall control.

C.

The word "shall" is always mandatory and not discretionary. The word "may" is discretionary.

D.

The word "permitted" means permitted without the requirement for a conditional use permit but subject to all applicable regulations.

E.

The words "conditionally permitted" mean permitted subject to the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134 and subject to all other applicable regulations.

F.

Words used in the present tense include the future, and words used in the singular include the plural, and the plural the singular, unless the context clearly indicates the contrary.

G.

The words "activities" and "facilities" mean and include any part thereof.

H.

Unless the context clearly indicates to the contrary, the following conjunctions shall be interpreted as follows:

1.

"And" indicates that all connected items or provisions shall apply.

2.

"Or" indicates that the connected items or provisions may apply singly or in any combination.

3.

"Either...or" indicates that the connected items or provisions shall apply singly but not in combination.

I.

All public officials, bodies, and agencies to which reference is made are those of the city of Oakland unless otherwise indicated.

J.

The word "city" means the City of Oakland.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. 12054 § 1(c), 1998; prior planning code § 2101)

Activity types and facility types, the names of which always start with capital letters, are described in the use classifications in Chapter 17.10.

(Ord. 12054 § 1(c), 1998; prior planning code § 2102)

"'A' weighted sound level" means the total sound level in decibels of all sound as measured with a sound level meter with a reference pressure of twenty (20) micropascals using the 'A' weighted network (scale) at slow response. The unit of measurement shall be defined as dBA or dB(a).

"Access facility width" means the width of the paved roadway surface curb-to-curb or edge-to-edge, exclusive of shoulders.

"Accessory activity" means an activity which is incidental to, and customarily associated with, a specified principal activity, and which meets the applicable conditions set forth in Section 17.10.040.

"Accessory Dwelling Unit" or "ADU" means an interior, attached or detached dwelling unit that is accessory to a proposed or existing primary Residential Facility located on the same lot; provides complete independent living facilities for one (1) or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation; meets the standards and criteria of Section 17.103.080 and Chapter 17.88; and conforms to one (1) or more of the following permitted ADU types:

A.

"Junior Accessory Dwelling Unit" or "JADU" means an Accessory Dwelling Unit that is contained entirely within the building envelope of an existing or proposed One-Family Residential Facility. A JADU may include conversion of enclosed uses within the residence, such as an attached garage. It may include separate sanitation facilities or may share sanitation facilities with the primary Residential Facility, but must contain an efficiency kitchen. A JADU is not allowed as a conversion of detached or attached accessory structures. Owner occupancy is required in either the JADU or the primary Residential Facility. The owner of the JADU is required to record a deed restriction setting forth this requirement.

B.

"One-Family Category One ADU" means an Accessory Dwelling Unit that is a conversion of space within an existing One-Family Residential Facility or an associated legally existing accessory structure, or an existing associated accessory structure that is rebuilt pursuant to the requirements set forth in Table 17.103.01.

C.

"One-Family Category Two ADU" means a newly constructed attached or detached Accessory Dwelling Unit on a lot with an existing or proposed One-Family Dwelling Residential Facility. A One-Family Category Two ADU may include an exterior addition to an existing primary One-Family Residential Facility for the purposes of accommodating the ADU.

D.

"Multifamily Category One ADU" means an Accessory Dwelling Unit that is a conversion of a legally existing, non-habitable space, such as storage rooms, boiler rooms, passageways, attics, basements, or garages located within legally existing portions of Two- to Four-Family or Multifamily Dwelling Facilities. Non-habitable space does not include detached accessory structures, existing residential units, commercial space, community rooms, gyms, laundry rooms or any finished spaces that are meant to be occupied by people and used communally.

E.

"Multifamily Category Two ADU" means a newly constructed detached Accessory Dwelling Unit, or a conversion of a legally existing detached accessory structure, on a lot with existing Two- to Four-Family or Multifamily Dwelling Facilities. A converted detached Category Two ADU(s) is either: (a) within the building envelope of an existing detached accessory structure and involves no expansion of existing building envelope; or (b) within a rebuilt detached accessory structure built in the same location and to the same exterior dimension as the existing detached accessory structure(s).

F.

"Multifamily Category Three ADU" means a newly constructed ADU that is interior or attached to a primary structure, or a conversion of a legally existing attached accessory structure that is rebuilt pursuant to the requirements set forth in Table 17.103.02, or a combination of both new construction and conversion for the purposes of creating only one (1) ADU on the lot.

"Accessory facility" means a facility, other than a Sign, which is incidental to, and customarily associated with, a specified principal facility, and which meets the applicable conditions set forth in Section 17.10.070.

"Accessory structure" means a building or facility, other than a Sign, which is incidental to, and customarily associated with, a specified principal facility, and which meets the applicable regulations set forth in Title 17 of the Oakland Planning Code.

"Activity" means the performance of a function or operation.

"Activity type" means a type of activity which is specially described as such by the use classifications in Chapter 17.10 on the basis of common functional characteristics and similar effects on other uses, and which is designated throughout the zoning regulations by a special name each word of which starts with a capital letter.

"Adult entertainment activity" means any commercial activity, whether conducted intermittently or full-time, which primarily involves the sale, display, exhibition, or viewing of books, magazines, films, photographs, or other materials, distinguished or characterized by an emphasis on matter depicting, describing, or relating to human sex acts, or by emphasis on male or female genitals, buttocks, or female breasts.

"Affordable Housing". Affordable Housing shall mean that the relevant housing is available and restricted by written agreement to occupancy at an Affordable Housing Cost or an Affordable Rent to moderate income households, low income households, or very low income households. If the proposed development will be rented to tenants at an Affordable Rent, the units shall be subject to a recorded affordability restriction for fifty-five (55) years or for the life of the development project, whichever is greater. If the proposed development is for-sale units, the units shall be subject to a recorded affordability agreement for forty-five (45) years consistent with the provisions of Government Code Section 65915(c)(2). The written agreement shall be recorded against the units as covenants running with the land, senior in priority to any private liens or encumbrances except as provided below and shall be enforceable by the City against the applicant or the applicant's successors-in-interest to the property for the full affordability term. Additional restrictions, deeds of trust, rights of first refusal, or other instruments may be required by the City Administrator as reasonably needed to enforce these restrictions. The City Administrator shall have the authority to subordinate such restrictions to other liens and encumbrances if they determine that the financing of the Affordable Housing units would be infeasible without said subordination.

"Affordable Housing Cost" shall have the same meaning as provided in Section 50052.5 of the California Health and Safety Code and its implementing regulations. Affordable Housing Cost includes loan principal, loan interest, property and mortgage insurance, property taxes, home owners' association dues and a reasonable allowance for utilities.

"Affordable Rent" shall have the same meaning as Section 50053 of the California Health and Safety Code and its implementing regulations. Affordable rent includes rent and a reasonable allowance for utilities.

"Alcoholic beverage" means alcohol, spirits, liquor, wine, beer, or any liquid or solid containing alcohol, spirits, wine, or beer, which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.

"Alcoholic beverage license overconcentrated areas" means a police beat not located in the Central District (as defined in this Section) with crime rates that exceed the City median by twenty (20) percent or more or a census tract in which the per capita number of on-sale or off- sale retail Alcoholic Beverage Sales licenses exceeds the Alameda County median.

"Alley" means a dedicated public way intended primarily to provide secondary vehicular access to abutting properties.

"Alteration" means any enlargement; addition; demolition; removal; relocation; repair; remodeling; change in number of living units; development of or change in an open area; development of or change in a Sign, by painting or otherwise; or other change in a facility, but excluding painting except as provided above for Signs, and ordinary maintenance for which no building permit is required.

"Ambient noise level" means the all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding any alleged offensive noise. In this context, the ambient noise level constitutes the normal or existing level of environmental noise at a given location.

"Area Damaged by the 1991 Firestorm" means all of that area situated: beginning at the intersection of Claremont Avenue and the westerly line of the University of California, Berkeley campus, thence southerly along said westerly property line of the University of California campus to Grizzly Peak Boulevard; thence southeasterly on Grizzly Peak Boulevard to the most westerly line of the Robert Sibley Volcanic Regional Preserve; thence due south to Skyline Boulevard; thence westerly on Skyline Boulevard to Broadway Terrace; thence southwest on Broadway Terrace to Farallon Way; thence southwest on Farallon Way and the extension of Farallon Way to Pinehaven Road; thence westerly on Pinehaven Road to Broadway Terrace; thence southerly on Broadway Terrace to Uranus Avenue; thence east on Uranus Avenue to Sherwood Drive; thence south on Sherwood Drive to Taurus Avenue; thence west on Taurus Avenue approximately six hundred fifty (650) feet to a path connecting Taurus Avenue and Capricorn Avenue; thence south along said path to Capricorn Avenue; thence south on Capricorn Avenue to Florence Terrace; thence north and west on Florence Terrace and an extension of Florence Terrace across Highway 13 to Estates Drive; thence west on Estates Drive to Masonic Avenue; thence south on Masonic Avenue to Amy Drive; thence southwest on Amy Drive to Harbord Drive; thence southeast on Harbord Drive to Maxwelton Road; thence southwest on Maxwelton Road to the Oakland-Piedmont border; thence northwest along said Oakland-Piedmont border to Clarewood Drive; thence northwest on Clarewood Drive to Broadway Terrace; thence west on Broadway Terrace to Margarido Drive; thence north and east on Margarido Drive to Rockridge Boulevard South; thence west on Rockridge Boulevard South to Rockridge Boulevard; thence west on Rockridge Boulevard to Broadway; thence north on Broadway to Golden Gate Avenue; thence north on Golden Gate Avenue to Chabot Road; thence along the extension of Golden Gate Avenue to the Oakland-Berkeley border; thence along said Oakland-Berkeley border to the intersection of said Oakland-Berkeley border with Claremont Avenue; thence northeast on Claremont Avenue to the point of beginning.

"Area of Primary Importance" or "API" means an area as defined by the Historic Preservation Element of the General Plan.

"Area of Secondary Importance" or "ASI" means an area as defined by the Historic Preservation Element of the General Plan.

"Attic" means a space between the roof framing and the floor of such space and which is excluded from the definition of "story."

"Base of a building" or "building base" means that portion of a building immediately above finished grade to the maximum total base height as described in an individual zoning designation.

"Basement" means the area below the lowest level of a building and which is excluded from the definition of "story."

"Bedroom" means any habitable room, regardless of its designation on building plans, which meets both of the following criteria:

1.

The room may legally function as a bedroom in that it complies with, or is required by the Building Official to comply with, all applicable laws and regulations pertaining to sleeping rooms, including, but not limited to, the requirements of the Oakland Building Code for light and ventilation in habitable rooms and emergency egress from sleeping rooms; and the Oakland Housing Code definition of "sleeping room."

2.

The room may logically function as a bedroom, with consideration given to its function and physical relationship to the remainder of the living unit.

"Berth" means an area, exclusive of docks, designated to accommodate a motor vehicle during loading or unloading of goods.

"Buildable area" means the portions of a lot on which a building can be located as defined by the minimum setbacks, if any, and all other applicable provisions of this code.

"Buildable envelope" means the volume of space for buildings and other structures as defined by the minimum setbacks and the maximum allowable height.

"Building" means a structure having a roof supported by columns or walls.

"Building Envelope" means the exterior surface of a building, consisting of such elements as the foundation, walls, windows, roof, doors, floors, and other attached features. An increase in the building envelope shall be defined as an increase in the exterior size, footprint, or height of a building; or the enclosure or conversion into living area of any open balcony, deck, porch, or unenclosed understory.

"Building Facility" means any structure, open area, or object which accommodates or is intended to accommodate Residential, Civic, Commercial, Industrial and/or Mixed Use Activities. Building Facilities also include such facilities as are customarily associated with, and are appropriate, incidental, and subordinate to Residential, Civic, Commercial, Industrial and/or Mixed Use Activities.

"Building Front" see front of building.

"Building length" means a plan dimension parallel to an exterior wall or walls. This measurement is equal to the horizontal dimension of the corresponding elevation of the building or structure at a given level.

"By Right Residential Approval". "By Right Residential Approval" shall mean a ministerial approval process for specified residential projects in which the following apply:

A.

The City shall not require a Conditional Use Permit, Planned Unit Development permit, or other discretionary permit of any kind. The project shall not require a discretionary permit and thus will not be subject to review under the California Environmental Quality Act.

B.

The City shall not exercise any subjective judgment in deciding whether and how to carry out or approve the project and shall apply property development standards and objective design review standards applicable to the underlying zoning designation and the S-13 and S-14 Combining Zones, if applicable. The City shall maintain a list of publicly available applicable objective design review standards that may be amended from time to time.

C.

The project shall not be subject to a public hearing of any type, and there shall be no right of appeal. However, an applicant may request at its sole discretion review before the Design Review Committee of the Planning Commission.

D.

Prior to submitting an application for By Right Residential Approval, the applicant shall give notice of intention to apply for By Right Residential Approval by mail or delivery to all owners and occupants of real property in the city within three hundred (300) feet of the property involved, using language provided by the Planning Bureau.

E.

The project shall be subject to any applicable City of Oakland standard conditions of approval, which shall be identified along with the decision letter issued for the project.

F.

The project must demonstrate consistency with the Oakland Equitable Climate Action Plan (ECAP) through completion of an ECAP Consistency Checklist submitted concurrently with the development application.

"Car-share, private" means a service provided within a development that provides motor vehicles available only to occupants and only on an hourly basis or in smaller intervals.

"Car-share, public" means a service that provides an integrated Citywide network of neighborhood-based motor vehicles available to members by reservation on an hourly basis or in smaller intervals.

"Central District" means the area within the boundaries of I-980 and Brush Street to the west; both sides of 27th Street to the north, Harrison Street/Lake Merritt and the Lake Merritt Channel to the east, and the Estuary to the south.

"Character-defining elements" means those features of design, materials, workmanship, setting, location, and association that identify a property as representative of its period and contribute to its visual distinction or historical significance.

"Collective household" means a group of at least two, but not more than five, persons who are unrelated by blood, marriage, or adoption, living together as an independent housekeeping unit.

"Commercial Zone" means any zone with a name that contains the words "Commercial Zone."

"Common driveway" means a driveway having a width of no less than twelve (12) feet and providing a shared access alternative to, and across existing legal lots which have street frontage, regardless of lot ownership. At the discretion of the Director of Public Works, based on considerations described in the City Planning Commission guidelines, the street entrance portion of the common driveway may be located within the public right-of-way. In calculating aggregate residential density, the area of the common driveway shall be excluded from the total area of the lots crossed by the common driveway.

"Corner lot" (see illustration I-1) means a lot bounded on two or more adjacent sides by streets, by private ways described in Section 17.106.020, or by portions of such streets or ways, having an angle of intersection of one hundred thirty-five (135) degrees or less.

"Court" means an area between two walls on the same lot, measured for a specified distance, in a horizontal plane, perpendicularly from either of such walls; located on the same lot as said walls; and open and unobstructed except for the facilities allowed therein by Section 17.108.130.

"Coworking Space" means a facility that contains workspaces that are made available to individuals and businesses for short-term intervals through a membership or rental basis. These spaces include shared business resources such as internet and office equipment and shared social, networking, conferencing and gathering spaces. A coworking space may also include an accessory café or other retail component and other amenities.

"Day" means calendar day.

"Decibel (dB)" means a unit for measuring the amplitude of sounds, equal to twenty (20) times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micropascals.

"Dependent loading berth" means a loading berth that can only be accessed by driving across another parking space or loading berth. (See also "Independent loading berth" and "Tandem loading berth" in this Section.)

"Dependent parking space" means a parking space that can only be accessed by driving across another parking space or loading berth. (See also "Independent parking space" and "Tandem parking" in this Section.)

"Designated Historic Properties" means landmarks, contributors or potential contributors to Preservation Districts, or Heritage Properties.

"Designated landmark" means a facility, portion thereof, or group of facilities which has a special character, interest, or value and which has been established as a landmark pursuant to Section 17.136.070 and the rezoning and law change procedure in Chapter 17.144.

"Designated landmark site" means a lot or other site which contains a designated landmark and which has been established pursuant to Section 17.136.070 and the rezoning and law change procedure in Chapter 17.144.

"Development control map" means a map or set of maps, with supporting text, regulating the precise location, height, bulk, design, or nature of activities or facilities.

"Display surface (area of)" means the area of the smallest plane figure which can be made to include all of the idea, advertisement, identification, or information intended to be conveyed by a Sign, including any trim or other material or color forming an integral part of the display or used to differentiate the Sign from the background against which it is placed, but excluding uprights or other structural members which are not a part of the display. With respect to multifaced Signs, the area of all such faces shall be included except where the context refers to only one face.

"Diagonal length" means a horizontal plan dimension between the two most separated points on the exterior walls at a given level of a building or structure.

"Dormer" means a roofed structure projecting from a sloping roof and containing a window or ventilating louver.

"Driveway" means the way or means of vehicular access from that portion of a street used for vehicular travel to the parking, loading, or other vehicular activity on the adjacent property, including the portion of the sidewalk lying within said way or means of access. (Note that this differs from the definition of "Driveway" at Section 12.04.240 of the Oakland Municipal Code, which only includes that portion lying within the street right-of-way.)

"Dwelling unit" means a room or suite of rooms including only one kitchen, except as otherwise provided in Section 17.102.270, and designed or occupied as separate living quarters for one person or family; or, where the facility occupied is a One-Family Dwelling, such person or family and not more than four (4) boarders, roomers, or lodgers where access to all rooms occupied by such boarders, roomers, or lodgers is had through the main entrance of the dwelling unit.

"Earthen berm" means a mound or embankment of earth, together with necessary retaining structures.

"Edge of the pavement" means the edge of that part of a street, alley, or private access easement described in Section 17.106.020, having an improved surface used for vehicle travel and parking, including gutters, but not including a raised curb or sidewalk.

"Efficiency Dwelling Unit" means a dwelling unit containing only a single habitable room other than a kitchen and containing a total floor area of four hundred (400) square feet or less.

"Electroplating activity" means the electrochemical process of depositing a thin metallic coating of one metal on top of a different metal by passing an electrical current into a piece of metal immersed in chemical solutions comprised of caustics, acids, cyanides or other bonding chemicals, and causing a metallic coating to bond with the object to be plated. Such activities are classified as General Manufacturing Industrial Activities and are subject to the provisions of Section 17.102.340.

"Employee housing" is defined consistent with California Health and Safety Code Section 17008, as may be amended, and means any portion of any living unit, or property upon which a living unit is located, where the accommodations consist of living quarters, dwelling, boardinghouse, tent, bunkhouse, maintenance-of-way car, mobile home, manufactured home, recreational vehicle, travel trailer, or other housing accommodations, and is maintained by an employer in connection with any work or place where work is being performed, whether or not rent is involved.

"Enclosed retaining wall" means a retaining wall located on a lot such that it is visually shielded by other permanent structures and cannot be seen from public streets and adjacent lots.

"Existing grade" means the natural grade or the revised grade due to prior development of a lot.

"Facility" means a structure, open area, or other physical contrivance or object.

"Facility Type" means a type of facility which is specially described as such by the use classifications in Chapter 17.10 on the basis of common functional characteristics and similar effects on other uses, and which is designated throughout the zoning regulations by a special name each word of which starts with a capital letter.

"Family" means one person, or a group of people living together as a single housekeeping unit, together with any incidental domestic servants and temporary nonpaying guests.

"Family foster care home" means a Residential Activity providing twenty-four (24) hour care for six (6) or fewer foster children in a Residential Facility that is the residence of the foster parents, including their family, in whose care the foster children have been placed.

"Finished grade" means:

1.

Natural grade exterior to all buildings or structures created by any proposed development in all those situations not covered by Subsection 2. of this definition;

2.

A revised grade exterior to all buildings or structures created by any proposed development where the revised grade is achieved under a City grading permit, subdivision approval, or conditional use permit or other special zoning approval, or through officially approved work in a public right-of-way.

"Flashing illumination (of a Sign)" means illumination of a Sign wherein such illumination is not maintained constant in intensity, color, and pattern during all times the Sign is activated.

"Floor Area":

1.

"Floor area," for all projects except those with one or two dwelling units on a lot, means the total of the gross horizontal areas of all floors, including usable basements, below the roof and within the outer surfaces of the main walls of principal or accessory buildings or the center lines of party walls separating such buildings or portions thereof, or within lines drawn parallel to and two (2) feet within the roof line of any building or portion thereof without walls, but excluding the following:

a.

Areas used for off-street parking spaces or loading berths and driveways and maneuvering aisles relating thereto;

b.

Areas which qualify as usable open space under the standards for required usable open space in Chapter 17.126;

c.

In the case of Nonresidential Facilities: arcades, porticoes, and similar open areas which are located at or near street level, which are accessible to the general public, and which are not designed or used as sales, display, storage, service, or production areas.

2.

"Floor area," for all projects with one or two dwelling units on a lot, means the total square footage of all levels of all buildings on the lot. Levels shall be measured horizontally from the outside surface of exterior walls and supporting columns. The amount of floor area in each building shall be determined by the following criteria:

a.

Floor area shall include all enclosed shafts, including stairwells, ventilation shafts and similar vertical shafts; the floor area of such shafts shall consist of the horizontal projection into the shaft of surrounding floor area; and

b.

Floor area shall not include:

i.

Unenclosed living areas such as balconies, decks and porches;

ii.

Carports that are unenclosed on two (2) or more sides;

iii.

Up to four hundred forty (440) square feet within an attached or detached garage or carport that is enclosed on three (3) or more sides;

iv.

Nonhabitable accessory structures of less than one hundred twenty (120) square feet;

v.

Attics and basements, as defined in the Oakland Planning Code, that do not qualify as a story; and

vi.

Finished and unfinished understories and basements if the height from finished grade at the exterior perimeter of the building to the finish floor elevation above is six (6) feet or less for at least fifty percent (50%) of the perimeter and does not exceed twelve (12) feet above grade at any point.

"Floorplate" means the total area of a single floor of a building.

"Floor Area of a marina" means the space dedicated to the docking or mooring of marine vessels.

"Floor-Area Ratio (FAR)" means the number resulting from the division of the floor area on a lot by the lot area.

"Food Desert" refers to areas designated as "Low-access tract at one-half mile" by the US Department of Agriculture (USDA) 2019 Food Access Research Atlas and is defined as an urban tract with at least five hundred (500) people, or thirty-three percent (33%) of the population, living more than one-half mile from the nearest supermarket, supercenter, or large grocery store.

"Footprint" means the total land area covered by all structures on a lot, measured from outside of all exterior walls and supporting columns, including residences, garages, covered carports, and accessory structures, except that the following shall not be considered in determining footprint:

1.

The portions of any uncovered and unenclosed decks, porches, landings, or patios, not including railings, which are less than thirty (30) inches above finished grade;

2.

The portions of any uncovered and unenclosed balconies and stairways, including railings, which are less than six (6) feet above finished grade;

3.

Eaves and roof overhangs; and

4.

Trellises and similar structures which do not have solid roofs and which would not otherwise be included in this definition.

"Footprint slope" means the deviation of the ground surface from the horizontal, expressed as a percentage, measured at the steepest point between opposite sides of the building footprint. For additions, the ground surface slope is measured at the steepest point between opposite sides of the existing building footprint, plus the footprint of the addition.

"Frequency" means the number of oscillations per second, or pitch, of a sound, with a greater frequency corresponding to a higher pitch.

"Frontage" means a front lot line; also the length thereof.

"Front of building" or "building front" means that part of the facade oriented towards and visually prominent to the principal street.

"Front lot line" means:

1.

On an interior lot: any abutting street line, except where an interior lot has more than one abutting street line, the Director of City Planning shall select one of the street lines as the front lot line; such selection shall conform with any neighborhood patterns.

2.

On a corner lot: the shorter of any adjacent two abutting street lines, or portions thereof, which intersect at an angle of not less than forty-five (45) degrees but not more than one hundred thirty-five (135) degrees; except that the Director of City Planning may select either as the front lot line to conform with any neighborhood patterns. If adjacent street lines, or portions thereof, of a corner lot intersect at an angle of less than forty-five (45) degrees, both such street lines or portions thereof shall be deemed front lot lines.

"Front yard" means a yard measured into a lot from its front lot line or lines equal to the depth of the required front yard. Except where a front yard is prescribed only for certain kinds of facilities, a required front yard shall extend the full width of the lot between its side lot lines.

"Front setback" or "Front yard setback" means the setback from the front lot line.

"Full-service restaurant" means any activity described in Oakland Planning Code Section 17.10.272.

"Gable end" means the end of a gable, gambrel, gablet, jerkinhead, shed, or similar roof consisting of a generally triangular shaped wall or vertical plane at the end of the roof and inscribed by the edges of the roof planes and a line connecting the bases of the roof planes.

"Gradient" means the difference in elevation between defined reference points divided by the horizontal distance between these points.

"Gross vehicle weight rating" means the vehicle weight specified by the manufacturer as the maximum loaded weight (truck plus cargo) of a single vehicle.

"Ground floor" means the story of a building that is at or nearest ground level.

"Habitable room" means a space in a living unit intended for living, sleeping, eating, or cooking, including, but not limited to, living rooms, dining rooms, bedrooms, kitchens, dens, family rooms, finished recreation rooms, and enclosed porches suitable for year-round use.

To be considered an individual habitable room, a space must be either:

1.

Entirely enclosed by partitions and connected to other rooms or spaces by doorways or open archways;

2.

Separated from another space that both has a floor level difference of at least one (1) foot and is intended to be used for a different function; or

3.

A kitchen area. Where there are no partitions, open archways, or a split floor level, as described in Subsections 1. and 2. above, the part of the kitchen space considered a habitable room includes all kitchen counters, cabinets, major appliances, and other fixtures plus the floor area within three (3) feet directly in front these items.

Specifically excluded from the definition of habitable room are bathrooms, water closets, hallways, foyers, storage closets, pantries, laundries, utility rooms, unfinished attics and basements, balconies, open porches, garages, and other unfinished spaces used for storage.

"Habitable rooms, number of" means the total number of habitable rooms in a Residential Facility, except:

1.

A habitable room of less than fifty (50) square feet counts as half a room.

2.

A habitable room larger than four hundred (400) square feet counts as one (1) room for each four hundred (400) square feet or fraction thereof.

"Height" means the vertical distance of any structure, building, fence, Sign, retaining wall, or other facility measured from any point on top of the facility to a line directly below which meets finished grade on the outside perimeter of the facility, or intersects with a perpendicular plane connecting opposite points of finished grade at the outside perimeter of the facility.

1.

The height of any portion of a facility within six (6) feet of a retaining wall shall be measured from finished grade at the perimeter of the facility or at the base of the retaining wall, whichever is lower, subject to the following exceptions:

a.

The height of any fence separated by a distance of at least eighteen (18) inches from the inside face of a retaining wall shall be measured from finished grade at the perimeter of the fence.

b.

The height of any facility abutting a light well, depressed landing, or similar facility that extends entirely below surrounding finished grade and no more five (5) feet from the perimeter of the abutting facility shall be measured from the surrounding finished grade at the outside perimeter of the facility, not including the light well, depressed landing, or similar facility.

"Home occupation" means an accessory activity of a nonresidential nature which is performed within a living unit; or within a garage or accessory structure attached or detached thereto and reserved for use by an occupant of the living unit and which is customarily incidental to the residential use of the living unit; or for Limited Agricultural Activities and/or bee keeping, in an outdoor area which is reserved for use by an occupant of the living unit and customarily incidental to the residential use of the living unit. A home occupation shall be subject to the provisions of Chapter 17.112.

"Hotel" means a facility, other than a motel, designed for or occupied by Transient Habitation Commercial Activities, where access to individual units is predominantly by means of common interior hallways.

"Illegal use" means an activity or facility that does not enjoy a legal conforming or legal nonconforming status, as defined in the zoning regulations. A minor illegal use is an illegal use that can be legalized by any means other than by major variance.

"Improvement" means, for the purposes of implementation of the recycling space allocation requirements, work which adds to the value of a facility, prolongs its useful life, or adapts it to new uses. "Improvements" should be distinguished from repairs. Repairs keep facilities in good operating condition, do not materially add to the value of the facility, and do not substantially extend the life of the facility.

"Independent loading berth" means a loading berth that can be accessed without driving across another parking space or loading berth. (See also "Dependent loading berth" and "Tandem parking" in this Section.)

"Independent parking space" means a parking space that can be accessed without driving across another parking space or loading berth. (See also "Dependent parking space" and "Tandem parking" in this Section.)

"Indirect illumination (of a Sign)" means illumination of a Sign by means only of light cast upon it from a concealed source outside the Sign itself.

"Industrial Zone" means any zone with a name that contains the words "Industrial Zone."

"Interior lot" means any lot other than a corner lot.

"Interior side lot line" means any side lot line which is not a street line.

"Interior side setback" or "Interior side yard setback" means the setback from the interior side lot line.

"Introductory service" means an activity the primary purpose of which is, for compensation, promoting friendships between or introducing for social purposes persons of the opposite sex.

"Key lot" means the first interior lot to the rear of a reversed corner lot, with its front lot line being substantially a continuation of a side lot line of the reversed corner lot.

"Kitchen" means any room or portion thereof containing facilities designed or used for the preparation of food, including but not limited to stoves, ranges, or hotplates.

"Legally required window" means a window or portion thereof which serves to meet the requirements of the Oakland Building Code with respect to area, number, or location of windows.

"Living room" means the principal room designed for general living purposes in living unit. Every living unit shall be deemed to have a living room.

"Living unit" means a dwelling unit or a rooming unit.

"Local Register Property" means any building, object, property or district listed in the City of Oakland's Local Register of Historical Resources, which includes all Landmarks, Designated Historic Properties, Heritage Properties, Study List Properties, Preservation Districts, and S-7 and S-20 Preservation Combining Zone Properties; and those Potential Designated Historic Properties (PDHPs) that are determined by the City's Cultural Heritage Survey to have an existing rating of "A" or "B", or to contribute or potentially contribute to an Area of Primary Importance (API).

"Landmark" means a property that has been designated as a Landmark by the City Council pursuant to Section 17.136.070.

"Lot" means a parcel of contiguous land which is or may be developed or utilized, under one ownership, as a unit site for a use or group of uses.

"Lot area" means the area of a lot measured horizontally between bounding lot lines.

"Lot coverage" means the total land area covered by all of the structures on a lot measured from outside of all exterior walls and supporting columns, including all projections, except that the following shall not be considered in determining lot coverage:

1.

The portions of any uncovered and unenclosed decks, porches, landings or patios, not including railings, which are less than thirty (30) inches above finished grade;

2.

The portions of any uncovered and unenclosed balconies and stairways, including railings, which are less than six (6) feet above finished grade;

3.

Eaves and roof overhangs up to four (4) feet from a wall;

4.

Trellises and similar structures which do not have solid roofs and which would not otherwise be included in this definition; and

5.

Nonhabitable accessory structures of less than one hundred twenty (120) square feet.

"Lot depth" means the horizontal distance between the rear lot line, or some other lot line in cases where there is no rear lot line, and the midpoint of the front lot line, measured back from said midpoint in the mean direction of the side lot lines; also the line so described.

"Lot line" means any boundary of a lot.

"Lot width" is the horizontal distances between the side lot lines measured at right angles to the side lot lines at all points between the front lot line and the rear lot line, or from the rearmost point of the lot depth in cases where there is no rear lot line.

"Lot width mean" is the mean of the horizontal distances between the side lot lines measured at right angles to the lot depth at points distant thereon twenty (20) feet from the front lot line and twenty (20) feet from the rear lot line, or from the rearmost point of the lot depth in cases where there is no rear lot line.

"Low Barrier Navigation Center" is as defined in Section 65660 of the California Government Code and means a housing-first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. "Low barrier" means best practices to reduce barriers to entry, and may include, but is not limited to, the following:

1.

The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth;

2.

Pets;

3.

The storage of possessions;

4.

Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two (2) beds, or private rooms.

"Major Classes" are the categories of individual Activity and Facility Types that are in this Chapter. The Major Activity Classes are: Residential, Civic, Commercial, Industrial, and Agricultural and Extractive. The Major Facility Classes are: Residential, Nonresidential, Signs, and Telecommunications.

"Major Conditional Use Permit" means a conditional use permit which involves any of the purposes listed in Section 17.134.020A.

"Major transit stop" is defined consistent with California Public Resources Code Section 21155, as may be amended; and means a site containing an existing rail or bus rapid transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two (2) or more major bus routes with a frequency of service interval of fifteen (15) minutes or less on a single bus route during the morning and afternoon peak commute periods.

"Major Variance" means a variance which involves any of the provisions listed in Section 17.148.020A.

"Mini-Lot Planned Unit Development" or "Mini-Lot PUD" means a comprehensively designed development approved pursuant to Planning Code Chapter 17.142 and containing a subdivision of lots which do not meet the minimum size or other requirements applying to individual lots in the zone where it is located.

"Minor Conditional Use Permit" means a conditional use permit which does not involve any of the purposes listed in Section 17.134.020A.

"Minor Variance" means a variance which does not involve any of the provisions listed in Section 17.148.020A.

"Mixed use development" means an integrated development containing Residential, Commercial and/or Industrial Activities and adhering to a comprehensive plan and located on a single tract of land, or on two or more tracts of land which may be separated only by a street or other right-of-way, or which may be contained in a single building.

"Moderate-, Low- and Very Low-Income Households" means those households whose income matches levels determined periodically by the U.S. Department of Housing and Urban Development, based on the Oakland Primary Metropolitan Statistical Area (PMSA) median income levels by family size, under which:

1.

"Moderate income" is as defined in Section 50093 of the California Health and Safety Code and its implementing regulations;

2.

"Low income" is as defined in Section 50079.5 of the California Health and Safety Code and its implementing regulations;

3.

"Very low income" is as defined in Section 50105 of the California Health and Safety Code and its implementing regulations.

"Motel" means a facility designed for or occupied by Transient Habitation Commercial Activities, where access to individual units is predominantly by means of common exterior corridors or where off-street parking is in sufficiently close proximity to the units as to facilitate direct baggage handling by guests.

"Moving (of a Sign)" means rotation or any other movement of any portion of a Sign, except for normal movement of hands on a clock.

"Natural grade" means the surface of the ground prior to grading for development.

"Nonconforming activity" means an activity which, under the zoning regulations, is not itself a permitted activity where it is located or does not conform to the off-street parking or loading requirements, performance standards, or other requirements applying to activities. However, an activity of the character described above shall not be deemed a nonconforming activity to the extent that it has been or is hereafter authorized by a subsisting conditional use permit, variance, or other special zoning approval.

"Nonconforming facility" means a facility which, under the zoning regulations, is not itself a permitted facility where it is located or does not conform to the density, floor-area ratio, height, yard, court, landscaping or screening, or usable open space requirements; limitations on Signs; or other requirements applying to facilities. However, a facility of the character described above shall not be deemed a nonconforming facility to the extent that it has been or is hereafter authorized by a subsisting conditional use permit, variance, or other special zoning approval.

"Nonconforming use" means a nonconforming activity or a nonconforming facility.

"Non-taxable merchandise" means products, commodities, or items not subject to California state sales tax.

"Oakland Hills Fire" means the fire of October 20, 1991 in the hill area of the City of Oakland, which is the subject of local, state and federal emergency declarations and disaster proclamations. Said term includes the words "the fire."

"Path" means a dedicated public way intended for pedestrian movement.

"Paved surface" means an all-weather surface covered by concrete, asphalt, masonry, or a similar material and includes surfaces used for driveways, walkways, patios, and structures.

"Pawnbroking activity" means a commercial activity which features both the making of loans and the holding of jewelry, clothing, or other articles as security and which is conducted by a pawnbroker as defined in the Oakland Municipal Code.

"Performance standards" means regulations prescribed in the performance standards in Chapter 17.120 with respect to the emission by activities of noise, vibration, smoke, and other dangerous or objectionable matter or phenomena.

"Pitched roof" means any roof with one or more non-horizontal planes with each plane pitched at a vertical to horizontal ratio of no less than three to twelve (3:12).

"Plan Dimension" means the linear horizontal dimensions of a building or structure, at a given level, between the outside surfaces of its exterior walls.

"Planned Unit Development (PUD)" means a large, integrated development adhering to a comprehensive plan and located on a single tract of land, or on two (2) or more tracts of land which may be separated only by a street or other right-of-way.

"Planning official" means the Planning Official, or his or her designee.

"Poolroom activity" means the commercial operation of a public pool- or billiard room which has more than one pool table or billiard table.

"Potential Designated Historic Property (PDHP)" means any building or property that is determined by the City's Cultural Heritage Survey to have an existing or contingency rating of "A", "B", or "C", or to contribute or potentially contribute to an Area of Primary Importance (API) or an Area of Secondary Importance (ASI).

"Preservation District" means an area that has been included in the City's S-7 Preservation Combining Zone or the S-20 Historic Preservation District Combining Zone.

"Primary activity" means an activity which fulfills a primary function of an establishment, institution, household, or other entity.

"Primary dwelling unit" means a main building, room, or suite of rooms, including only one kitchen except as otherwise provided in Section 17.102.270, which is designed or occupied as the principal dwelling unit on a lot.

"Primary facility" means a main building or other facility which is designed for or occupied by a primary activity.

"Principal activity" means an activity which fulfills a primary function of an establishment, institution, household, or other entity.

"Principal building" means a main building that is occupied by a principal activity.

"Principal facility" means a main building or other facility which is designed for or occupied by a principal activity.

"Principal street" means: For any lot that abuts only one street, the street that abuts a lot. On lots that are outside the D-DT Zones and abut more than one street, the street(s) that abuts the lot that is highest on the street hierarchy as defined in the Land Use and Transportation Element (LUTE) of the General Plan. Where streets have the same street hierarchy, the principal street or streets shall be determined by the Planning Director or his or her designee based on development patterns, street widths, traffic capacity, land uses, transit activity, bicycle and pedestrian uses, and traffic control of intersections. For lots that are within the D-DT Zones and abut more than one street, see Section 17.101K.080.

"Principal street façade" means the building façade facing a principal street.

"Private Access Easement" means a privately owned and maintained right-of-way which provides vehicular access to each of not more than four (4) lots. A private access easement allows the creation of no more than four (4) lots without street frontage, each with vehicular access on the easement. The area designated for the private access easement shall be excluded in computing minimum lot areas. A private access easement shall be a part of one or more lots. At the discretion of the Director of Public Works, based on considerations described in the City Planning Commission guidelines, the street entrance portion of the private access easement may be located within the public right-of-way. Private access easements shall not be named. Addresses for the living units served by the easement shall conform to the address range of the street upon which the easement abuts.

"Public facility" means and includes, but is not limited to, buildings, structures, marinas, and outdoor recreation areas owned by a local agency, as defined by the California State Government Code.

"Rapid transit" means a system of high-speed mass transit, often operating on exclusive rights-of-way, including but not limited to, the Bay Area Rapid Transit (BART) and Bus Rapid Transit (BRT) systems.

"Rear lot line" means the lot line which is opposite and most distant from the front lot line, and which is parallel to the front lot line or, if extended, would intersect with it at an angle of less than forty-five (45) degrees.

"Rear setback" or "Rear yard setback" means the setback from the rear lot line.

"Rear yard" means a yard measured into a lot from its rear lot line, provided that in cases where there is no rear lot line, the rear yard shall be measured into the lot from the rearmost point of the lot depth, parallel to said lot depth. Except where a rear yard is prescribed only for certain kinds of facilities or along only a portion of a lot line, a required rear yard shall extend the full width of the lot between its side lot lines.

"Recyclable materials" means residential, commercial and industrial materials or by-products, which are set aside, handled, packaged or offered for collection separate from garbage for the purpose of being processed and then returned to the economic mainstream in the form of commodities or products.

"Recycling area" means space allocated for collecting and loading recyclable materials. Such areas shall have the ability to accommodate receptacles for recycling materials.

"Recycling receptacles" means bins or containers that allow storage of recyclable materials.

"Regular Dwelling Unit" means any dwelling unit other than an Efficiency Dwelling Unit, Rooming Unit, or Accessory Dwelling Unit.

"Residential Facility" means any structure, open area, or object which accommodates or is intended to accommodate Residential Activities. Residential Facilities also include such facilities as are customarily associated with, and are appropriate, incidental, and subordinate to Residential Activities.

"Residential Zone" means any zone with a name that contains the words "Residential Zone."

"Reversed corner lot" means a corner lot a side lot line of which is substantially a continuation of the front lot line of the first lot to its rear.

"Ringelmann number" means a number on the Ringelmann Chart, as standardized by the United States Bureau of Mines, used to measure the light-obscuring capacity of smoke, with a higher Ringelmann number corresponding to darker smoke.

"Rooming Unit" means a room or suite of rooms, not including a kitchen, designed or occupied as separate living quarters, with or without common boarding provisions, but excluding such rooms where they accommodate a total of four (4) or fewer paying guests within a One-Family Dwelling Residential Facility through the main portion of which access may be had to all such rooms; provided that in the case of student dormitories and similar group living arrangements, each two (2) beds shall be deemed a Rooming Unit.

"Safety rail" means a guard rail, safety barrier, protective railing, or combination thereof.

"Sales Floor Area" means interior building space devoted to the sale of merchandise, but excludes restrooms, office space, storage space, automobile service areas, or open-air garden sales space. For the purpose of determining the total sales floor area of a single business establishment, the aggregate square footage of all adjacent stores that share common check stands, management, a controlling ownership interest, warehouses, or distribution facilities shall be considered a single business establishment.

"Secondary street" means the street(s) abutting a lot that are not principal streets. There is at least one secondary street on a corner lot.

"Secondary street facade" means the building façade(s) facing a secondary street.

"Secondhand merchandise activity" means any commercial activity which consists primarily of retail sale or rental from the premises of secondhand goods, other than secondhand jewelry, art objects, coins, stamps, motor vehicles, aircraft parts, or scrap.

"Setback" means the horizontal distance between a facility and the lot lines of the lot on which it is located.

"Setback line" means a line located inside the boundaries of a lot and parallel to a front, side, or rear lot line and set back from the front, side, or rear lot line a distance equal to the depth of the required front, side, or rear yard.

"Shared access facility" means a common driveway as defined in this Section or a private access easement as defined in this Section.

"Side lot line" means any lot line which is not a front lot line or a rear lot line.

"Side yard" means a yard measured into a lot from one or more of its side lot lines. Except where a side yard is prescribed only for certain kinds of facilities or along only a portion of a side lot line, a required side yard shall extend between the required front yard and rear yard, or the front or rear lot lines in cases where no front yard or rear yard is required.

"Single housekeeping unit" means one or more people living together as a relatively permanent household and bearing the character of a generic family such as sharing household activities, expenses, experiences, and responsibilities.

"Slope" means the deviation of a surface from the horizontal, expressed as a percentage.

"Slope, Down" (Downslope) means a downhill angle or slant of a surface in relation to the elevation of the edge of pavement of the abutting street or equivalent access facility.

"Slope, Up" (Upslope) means an uphill angle or slant of a surface in relation to the elevation of the edge of pavement of the abutting street or equivalent access facility.

"Sound pressure level" means the level of intensity of a sound.

"Special zone" means any zone the name of which begins with the letter "S" or "D".

"Story" means a portion of a building between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, the space between such floor and the ceiling next above it, provided that the following shall not be deemed a story:

1.

A basement or cellar if the height from finished grade at the exterior perimeter of the building to the finish floor elevation above is six (6) feet or less for at least fifty percent (50%) of the perimeter and does not exceed twelve (12) feet above grade at any point;

2.

An attic or similar space under a gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two (2) feet above the floor of such space.

"Street" means a dedicated public way, other than an alley or path, having a right-of-way not less than forty (40) feet in width, which is intended to afford the principal means of vehicular access to abutting properties, provided that any such way which was of record on October 6, 1953 shall be deemed a street regardless of width.

"Street line" means a lot line dividing a lot from an abutting street, or private way described in Section 17.106.020.

"Street side (of a corner lot)" means the side of a corner lot along any side lot line thereof which is a street line.

"Street side setback" or "Street side yard setback" means the setback from the street side lot line.

"Street to setback gradient" means the difference in topographic elevation along a perpendicular line that connects from the edge of the sidewalk closest to the front lot line, or, if there is no sidewalk, from the edge of the pavement, to the normally required front setback line, notwithstanding any reduced front yard setback that may be permitted on steep slopes. The measurement shall be taken at the midpoint of the front lot line, or the closest point to the midpoint excluding any driveways, stairs and other built structures.

"Structure" means any facility which is constructed or erected, and which is located on the ground or is attached to something having location on the ground.

"Substitution (of activities)" means the replacement of an existing activity by a new activity, or a change in the nature of an existing activity, but not including a change of ownership, tenancy, or management where the previous line of business or other function is substantially unchanged.

"Tandem parking" means an arrangement of parking spaces such that one or more spaces must be driven across in order to access another space or spaces. A space which can only be accessed by driving across another space is called a dependent parking space. A space which can be accessed without driving across another space is called an independent parking space. (See also "Dependent parking space" and "Independent parking space" in this Section.)

"Through lot" means a lot that is bounded on two opposite sides by generally parallel streets. Any lot that meets the definition of both a through lot and a corner lot shall be deemed to be a corner lot.

"Tobacco oriented activities" are defined as activities devoting any floor area or display area to or deriving any gross sales receipts from, the sale or exchange of tobacco-related products with the exception of (a) stores with over ten thousand (10,000) square feet of total sales area, provided the floor area devoted to tobacco sales does not exceed twenty (20) percent of the overall store area or display area or seventy-five (75) percent of gross sales receipts from, the sale or exchange of tobacco-related products, or (b) activities selling tobacco-related products in conjunction with Automotive Servicing Commercial Activities defined in Section 17.10.470 (Gasoline Stations), provided the floor area devoted to tobacco sales does not exceed twenty (20) percent of the overall store area or display area or seventy-five (75) percent of gross sales receipts from the sale or exchange of tobacco-related products.

"Tobacco-related products" are defined as any substance containing tobacco including but not limited to cigarettes, cigars, chewing tobacco and dipping tobacco; cigarette papers; or any other instrument or paraphernalia for the smoking or ingestion of tobacco and products prepared from tobacco.

"Tower" means any building area constructed over the building base.

"Transit Accessible Area" means the area within one-half (½) mile of a: (1) BART Station; (2) BRT Station; (3) designated rapid bus line; or (4) transit stop served by a frequency of service interval of fifteen (15) minutes or less during the morning and afternoon peak commute periods.

"Unfinished understories, attics and basements" means the portions of a building that have not been converted or improved into "Habitable Space", as defined in the Oakland Building Code, and are located above and below the highest and lowest habitable story or stories.

"Upper story" means either:

1.

Any story located above the bottommost story of a building; or

2.

Any story with finished floor located at least twelve (12) feet above finished grade at any point along the building perimeter.

"Use" means an Activity and/or Facility.

"Working day" means a day when City offices are open for conducting of City business.

"Yard" means an area between a facility and some lot line, measured for a specified distance, in a horizontal plane, perpendicularly between such facility and lot line; located on the same lot as said facility; and open and unobstructed except for the facilities allowed therein by Section 17.108.130.

(Ord. No. 13812, § 4(Exh. A), 7-30-2024; 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. 13666, § 3(Exh. A), 11-16-2021; Ord. No. 13596, § 2(Exh. A), 6-2-2020; Ord. No. 13527, § 2, 4-2-2019; Ord. No. 13435, § 4(Exh. A), 5-2-2017; Ord. No. 13393, § 2(Exh. A), 10-4-2016; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. No. 12955, § 2(Exh. A), 7-21-2009; Ord. 12899 § 4, Exh. A (part), 2008; Ord. 12872 § 4 (part), 2008; Ord. 12868 § 2, Exh. A (part), 2008; Ord. 12776 § 3, Exh. A (part), 2006; Ord. 12772 § 1 (part), 2006; Ord. 12675 § 3 (part), 2005; Ord. 12547 § 3 (part), 2003; Ord. 12376 § 3 (part), 2001; Ord. 12205 § 4 (part), 2000; Ord. 12199 § 3 (part), 2000; Ord. 12147 § 3 (part), 1999; Ord. 12138 § 4 (part), 1999; Ord. 12054 § 1(c), 1998; Ord. 11895 §§ 3—5, 1996; Ord. 11831 § 2, 1995; Ord. 11807 § 2, 1995; prior planning code §§ 2110—2130)

A.

"Change in use" means any activity which is not already established in the particular park or open space, or the significant expansion of any existing use. Changes in the ongoing, regularly-scheduled recreational programs offered by the City of Oakland, regional park district, and similar agencies shall not be considered "changes in use" unless they involve permanent structural changes to parks or park facilities. Conditionally permitted changes in use are listed in Sections 17.11.050, 17.11.060 and 17.11.090.

B.

"Improvement" means any project which, if proposed by a private applicant, would require issuance of a building, grading, or demolition permit by the City of Oakland. Parking lots shall also be included. Routine building and grounds maintenance where there is no change in the size, height, or external appearance of structures or grounds; and routine landscaping and/or landscape improvements, including irrigation systems, are not included. Conditionally permitted improvements are listed in Sections 17.11.050, 17.11.060 and 17.11.090.

C.

"Impervious surface" means any surface through which water does not easily pass. Impervious surface specifically includes all structures; paving materials such as brick, concrete, asphalt, or stone; swimming pools; and patios and terraces. Impervious surface does not include landscaping or furniture, play equipment, kiosks, or other individual articles used in conjunction with landscaping which individually do not cover more than ten (10) square feet and cumulatively do not cover more than one hundred (100) square feet.

D.

"Open space of comparable value" means land acquired or improved by the City that is approximately equal in its potential for recreational use to land elsewhere in the City proposed for coverage by a structure or impervious surface. For the purposes of this definition, comparable value shall be based on slope, total area, dimensions, vegetation, and proximity to water features.

E.

"Caretaker's quarters" means a single living unit occupied on a weekly or longer basis on public parkland where the primary occupant of the residence is employed to maintain the grounds and facilities of the associated park.

F.

"Street furniture" means furnishings used to enhance the aesthetic and functional value of a park or open space, including benches, tables, planter boxes, flagpoles, water fountains, decorative trash bins, ornamental fixtures, and similar features. Map boards and kiosks are excluded. For zoning purposes, street furniture is classified into projects whose individual components sum to more than one hundred (100) square feet and those whose components sum to less than one hundred (100) square feet.

G.

"No net loss" means a state in which the square footage of useable parkland added to the City's park inventory since July 28, 1998, is equal to or greater than the square footage of urban parkland covered by structures since that date. Lands within the jurisdiction of the Port of Oakland and lands classified as "Resource Conservation Areas" are excluded from this calculation. Structures smaller than one hundred (100) square feet shall also be exempt from this calculation.

H.

"Urban parkland" means any parkland in the City of Oakland that is not designated a "Resource Conservation Area," excluding those lands within the jurisdiction of the Port of Oakland.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12078 § 7, 1998)