The provisions of this Chapter shall be known as the Use Classifications. The purpose of these provisions is to classify uses into a number of specially defined types on the basis of common functional characteristics and similar compatibility with other uses, thereby providing a basis for regulation of uses in accordance with criteria which are directly relevant to the public interest. These provisions shall apply throughout the zoning regulations.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; prior planning code § 2200)

Editor's note— Ord. No. 13393, § 2(Exh. A), adopted October 4, 2016, repealed the former Section 17.10.020 in its entirety, which pertained to definitions, and derived from the prior planning code § 2201.

All activities are classified into the following activity types, which are described in Article II of this Chapter. (See Section 17.10.050 for classification of combinations of activities resembling different types.) The names of these activity types start with capital letters throughout the zoning regulations.

A.

Residential Activities:

Permanent

Residential Care

Supportive Housing

Transitional Housing

Emergency Shelter

Semi-Transient

Bed and Breakfast

B.

Civic Activities:

Essential Service

Limited Child-Care

Community Assembly

Recreational Assembly

Community Education

Nonassembly Cultural

Administrative

Health Care

Special Health Care

Utility and Vehicular

Extensive Impact

C.

Commercial Activities:

General Food Sales

Full-service restaurant

Limited Service Restaurant and Cafe

Fast-Food Restaurant

Convenience Market

Alcoholic Beverage Sales

Mechanical or Electronic Games

Medical Service

General Retail Sales

Large-Scale Combined Retail and Grocery Sales

Consumer Service

Consultative and Financial Service

Check Cashier and Check Cashing

Consumer Cleaning and Repair Service

Consumer Dry Cleaning Plant

Group Assembly

Personal Instruction and Improvement Services

Administrative

Business, Communication, and Media Service

Broadcasting and Recording Service

Research Service

General Wholesale Sales

Transient Habitation

Building Material Sales

Automobile and Other Light Vehicle Sales and Rental

Automobile and Other Light Vehicle Gas Station and Servicing

Automotive and Other Light Vehicle Repair and Cleaning

Taxi and Light Fleet-Based Service

Automotive Fee Parking

Animal Boarding

Animal Care

Undertaking Service

D.

Industrial Activities:

Custom Manufacturing

Light Manufacturing

General Manufacturing

Heavy/High Impact Manufacturing

Research and Development

Construction Operations

Warehousing, Storage and Distribution

Regional Freight Transportation

Trucking and Truck-Related

Recycling and Waste-Related

Hazardous Materials Production, Storage and Waste Management

E.

Agricultural and Extractive Activities:

Plant Nursery

Limited Agriculture

Extensive Agriculture

Mining and Quarrying

(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; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12899 § 4, Exh. A (part), 2008; Ord. 12138 § 4 (part), 1999; Ord. 12072 § 4, 1998; Ord. 11904 § 5.02, 1996; prior planning code § 2210)

In addition to the principal activities expressly included therein, each activity type shall be deemed to include such activities as are customarily associated with, and are appropriate, incidental, and subordinate to, such a principal activity; are located on the same lot as such principal activity except as otherwise provided in Subsections A., J., K. and N. of this Section; and meet the further conditions set forth hereinafter. Such accessory activities shall be controlled in the same manner as the principal activities within such type except as otherwise expressly provided in the zoning regulations. Such accessory activities include, but are not limited to, the activities indicated below, but exclude the sale of alcoholic beverages to the general public except at a Full-Service Restaurant, Limited-Service Restaurant and Cafe, or an alcoholic beverage manufacturer, as described in Sections 17.10.272, 17.10.274, 17.10.550, and 17.10.560, and subject to the standards in Section 17.103.030. (See also Section 17.10.050 for additional activities included within activity types in the case of combinations of different principal activities.)

A.

Off-street parking and loading serving a principal activity, whether located on the same lot there as or on a different lot, but only if the facilities involved are reserved for the residents, employees, patrons, or other persons participating in the principal activity;

B.

Home occupations, subject to the applicable provisions of the home occupation regulations in Chapter 17.112;

C.

Residential occupancy in connection with a principal Nonresidential Activity on the same lot, but only:

1.

If the residents are required to remain on the premises for protective, conference, or comparable technical purposes, or

2.

As joint living and work quarters subject to the applicable provisions of Section 17.102.190;

D.

Operation of an employee cafeteria by a firm engaging in a principal Nonresidential Activity on the same lot;

E.

Sale of goods on the same lot as a principal Civic Activity, but only if such goods are available only to persons participating in the principal activity;

F.

Production of goods for sale by a firm engaged in a principal Commercial Activity on the same lot, but only if:

1.

All goods so produced are sold at retail by the same firm either on the same or other lots, and

2.

Such production does not occupy more than seventy-five percent (75%) of the total floor area and open sales, display, storage, and service area occupied by such firm on the lot, and

3.

Such production does not occupy more than three thousand (3,000) square feet of such floor area and open area;

G.

Storage of goods sold by a principal Commercial Activity, or used in or produced by a principal Industrial Activity, engaged in by the same firm on the same lot;

H.

Operation of an administrative office of a firm engaged in a principal Industrial Activity on the same lot, but only if such office does not occupy more than fifty percent (50%) of the total floor area and open sales, display, storage, and service area occupied by such firm on the lot;

I.

Wholesale sale, or retail sale of goods produced by a principal Industrial Activity on the same lot;

J.

Temporary construction, grading, and demolition activities which are necessary and incidental to the development of facilities on the same lot, or on another of several lots being developed at the same time;

K.

Temporary conduct of a real estate sales office which is necessary and incidental to, and located on the site of, a subdivision being developed into five (5) or more lots;

L.

Benches, street furniture, lighting, public art, sheds, and similar infrastructure associated with city and regional parks;

M.

Public restrooms serving park and recreational facilities;

N.

Auto repair on the same lot as an auto showroom, or auto repair on a separate lot in the D-BV-4 Zone upon the granting of a Conditional Use Permit according to the requirements of limitation L18. in Table 17.101C.01;

O.

Operation of Electrical Vehicle Charging Stations and similar infrastructure.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13598, § 2(Exh. A), 6-9-2020; Ord. No. 13527, § 2, 4-2-2019; Ord. No. 13393, § 2(Exh. A), 10-4-2016; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13270, § 3(Exh. A), 11-18-2014; Ord. No. 13251, § 5(Exh. A), 7-29-2014; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. 12899 § 4, Exh. A (part), 2008; Ord. 12078 § 5 (part), 1998; prior planning code § 2211)

The following rules shall apply where a single lot contains activities which resemble two or more different activity types and which are not classified by Section 17.10.040 as accessory activities:

A.

Separate Classification of Each Establishment. The principal activities conducted on a single lot by each individual establishment, management, or institution shall be classified separately.

B.

Separate Classification of Different Major Classes of Activities Conducted by Single Establishment. If the principal activities conducted on a single lot by a single establishment, management, or institution resemble two or more different major classes of activities—Residential, Civic, Commercial, Industrial, or Agricultural and Extractive Activities—the principal activities resembling each major class shall be classified separately.

C.

Classification of Different Activities within Same Major Class, Conducted by Single Establishment. If principal activities conducted on a single lot by a single establishment, management, or institution resemble two or more different activity types within the same major class of activities, all such principal activities shall be classified in the activity type within said class the description of which type most closely portrays the overall nature of such activities. However, when they have any of the characteristics of Utility and Vehicular, Health Care, or Extensive Impact Civic Activities; Alcoholic Beverage Sales or General Wholesale Sales Commercial Activities; General Manufacturing, Heavy/High Impact Manufacturing, or Warehousing, Storage, and Distribution-Automotive Salvage/Junk Yards Industrial Activities; or Limited Agriculture, Extensive Agriculture, or Mining and Quarrying Agricultural or Extractive Activities, all such principal activities within the same major class of activities as any of such types shall be classified within that one of such types the description of which most closely portrays said principal activities; except that all such Industrial Activities shall be classified within the Warehousing, Storage, and Distribution-Automotive Salvage/Junk Yards Industrial Activities type if they have any of its characteristics, and all such Industrial Activities shall be classified within the Heavy/High Impact Industrial Activities type if they have any of its characteristics.

D.

Classification of Different Activities within the Same Major Class Conducted on the Site of an Automobile and Other Light Vehicle Gas Station and Servicing Commercial Activity. All principal activities conducted on the site of an Automobile and Other Light Vehicle Gas Station and Servicing Commercial Activity shall be classified as Automobile and Other Light Vehicle Gas Station and Servicing Commercial Activities regardless of separate ownership or management, unless said principal activity is listed as a Conditionally Permitted Activity pursuant to the individual zone regulations and such principal activity requires a Major Conditional Use Permit pursuant to Section 17.134.020.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12899 § 4, Exh. A (part), 2008; prior planning code § 2213)

All facilities are classified into the following facility types, which are described in Section Article III of this Chapter. (See Section 17.10.080 for classification of combinations of facilities resembling different types.) The names of these facility types start with capital letters throughout the zoning regulations.

A.

Residential Facilities:

One-Family Dwelling

Two- to Four-Family Dwelling

Multifamily Dwelling

Rooming House

Vehicular

B.

Nonresidential Facilities:

Enclosed

Open

Drive-in

Sidewalk Cafe

Drive-Through

C.

Signs:

Residential

Special

Development

Realty

Civic

Business

Advertising

D.

Telecommunications Facilities:

Micro Telecommunications

Mini Telecommunications

Macro Telecommunications

Monopole Telecommunications

Tower Telecommunications

(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; Ord. 11904 § 5.03, 1996; prior planning code § 2220; Ord. No. 13666, § 3(Exh. A), 11-16-2021; Ord. No. 13677, § 4(Exh. A), 1-18-2022)

In addition to the principal facilities expressly included therein, each Residential and Nonresidential Facility type shall be deemed to include such facilities as are customarily associated with, and are appropriate, incidental, and subordinate to, such a principal facility; are located on the same lot as such principal facility except as otherwise provided in Subsections A., F., and G. of this Section; and meet the further conditions set forth hereinafter. Such accessory facilities shall be controlled in the same manner as the principal facilities within such type except as otherwise expressly provided in the zoning regulations. They include but are not limited to the following facilities, but shall not be deemed to include Signs, which are classified and controlled separately:

A.

Off-street parking and loading facilities serving a principal Residential or Nonresidential Facility, whether located on the same lot there as or on another lot, but only if they are reserved for the residents, employees, patrons, or other persons utilizing the principal facility;

B.

Open areas devoted to decorative paving or to swimming pools, located on the same lot as a principal facility;

C.

Storage and service areas and accessory buildings, other than those listed elsewhere in this Section, if serving a principal facility on the same lot; provided, however, that no such facilities which are unenclosed shall qualify as accessory to any principal Enclosed Nonresidential Facility except for open areas, not exceeding two hundred (200) square feet each, for the temporary storage of trash;

D.

A single trailer incidental to and on the same lot as principal Residential Facilities, but only if said trailer is not intended for habitation while it is on the lot;

E.

Living quarters in connection with a principal Nonresidential Facility on the same lot, but only:

1.

If the residents are required to remain on the premises for protective, conference, or comparable technical purposes, or

2.

As joint living and work quarters subject to the applicable provisions of Section 17.102.190;

F.

Temporary construction yards and similar facilities which are necessary and incidental to development of facilities on the same lot, or on another of several lots being developed at the same time;

G.

A temporary real estate sales office which is necessary and incidental to, and located on the site of, a subdivision being developed into five or more lots.

H.

Electrical Vehicle Charging Station equipment and similar infrastructure.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; prior planning code § 2221)

If the facilities on a single lot resemble two or more different facility types, each facility which is not classified by Section 17.10.070 as an accessory facility shall be classified separately.

(Prior planning code § 2223)

Any activity or facility which is not expressly classified within an activity type or facility type shall be included in that type the description of which most closely portrays it, subject to the applicable provisions of Sections 17.10.050 and 17.10.080 with respect to combinations of uses. In case of uncertainty as to the classification of any use, the Director of City Planning shall classify said use, subject to the right of appeal from such determination pursuant to the administrative appeal procedure in Chapter 17.132.

(Prior planning code § 2230)

Residential Activities include the occupancy of living accommodations on a wholly or primarily nontransient basis, except for transient occupancy of Emergency Shelters; but exclude institutional living arrangements other than those that are defined as Residential Care, Supportive Housing, Transitional Housing, and Emergency Shelter Residential Activities. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12138 § 4 (part), 1999: prior planning code § 2250)

Permanent Residential Activities include the occupancy of living accommodations on a thirty (30) days or longer basis, with none of the living units under the same ownership or management on the same lot being occupied on a shorter basis; but exclude institutional living arrangements other than state-licensed Residential Care Facilities for six (6) or fewer residents. However, such state-licensed Residential Care Facilities shall be subject to the three hundred (300) foot separation requirement in Section 17.103.010.B. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

Permanent Residential Activities additionally include the use of a living unit as a Family Daycare Home, as defined in the California Health and Safety Code as facility that regularly provides care, protection, and supervision for fourteen (14) or fewer children, in the provider's own home, for periods of less than twenty-four (24) hours per day, while the parents or guardians are away. Family daycare homes are regulated and licensed by the California Department of Social Services and are considered a residential activity for the purposes of these Zoning Regulations.

Family Daycare Homes, as specified above, shall not be regulated as a Limited Child-Care Civic Activity as described under Section 17.10.150.

(Ord. No. 13779, § 2(Exh. A), 1-16-2024; Ord. No. 13509, § 2(Exh. A), 12-4-2018; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13248, § 3(Exh. A), 7-15-2014; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12138 § 4 (part), 1999: prior planning code § 2260)

Residential Care Residential Activities include all Residential Care Facilities that require a state license or are state licensed for seven (7) or more residents which provide twenty-four (24) hour primarily nonmedical care and supervision. Occupancy of living accommodations by six (6) or fewer residents are excluded. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040. State licensed Residential Care Facilities for six (6) or fewer residents shall be treated as Permanent Residential Activities except with regard to the three hundred (300) foot separation requirement in Section 17.103.010.

(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; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12138 § 4 (part), 1999)

Supportive Housing Residential Activities include housing: (a) with no limit on length of stay; (b) that is linked to an onsite or offsite service that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community; and (c) that is occupied by the following target population (as defined in subdivision (g) of Government Code Section 65582):

A.

Adults with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions and may, among other populations, include adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people; or

B.

Individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code), who include individuals with a disability that originated before the individual was eighteen (18) years old, but not including handicapping conditions that are solely physical in nature.

This classification also includes certain activities accessory to the above, as specified in Section 17.10.040. Supportive Housing shall only be subject to those restrictions that apply to other residential dwellings of the same facility type in the same zone (Government Code Section 65583(a)(5)).

Notwithstanding anything to the contrary contained in the Planning Code, Supportive Housing Residential Activities shall be a use by right in any zone where Multifamily Dwelling Residential Facilities are permitted if the proposal satisfies all of the requirements provided in Government Code Section 65651.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13435, § 4(Exh. A), 5-2-2017; Ord. No. 13357, § 3(Exh. A), 2-16-2016)

Editor's note— Ord. No. 13357, § 3(Exh. A), adopted February 16, 2016, amended Section 17.10.114 in its entirety to read as herein set out. Formerly, Section 17.10.114 pertained to service-enriched permanent housing residential activities, and derived from Ord. No. 12138, § 4(part), adopted in 1999; Ord. No. 12939, § 4(Exh. A), adopted June 16, 2009, and Ord. No. 13248, § 3(Exh. A), adopted July 15, 2014.

Transitional Housing Residential Activities (per State of California Government Code 65582(h), as may be amended) include housing configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six (6) months from beginning of assistance.

This classification also includes certain activities accessory to the above, as specified in Section 17.10.040. Transitional Housing shall only be subject to those restrictions that apply to other residential dwellings of the same facility type in the same zone (Government Code Section 65583(a)(5)).

(Ord. No. 13435, § 4(Exh. A), 5-2-2017; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13248, § 3(Exh. A), 7-15-2014; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12138 § 4 (part), 1999)

Emergency Shelter Residential Activities include the provision of short term housing, with or without a fee, to individuals and families who are homeless and who may require special services. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13509, § 2(Exh. A), 12-4-2018; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12138 § 4 (part), 1999)

Semi-Transient Residential Activities include the occupancy of living accommodations partly on a thirty (30) days or longer basis and partly for a shorter time period, but with less than thirty percent (30%) of the living units under the same ownership or management on the same lot being occupied on a less-than-thirty (30) day basis; but exclude institutional living arrangements involving the provision of a special kind of care or forced residence, such as in nursing homes, orphanages, asylums, and prisons. All units within this classification provided for occupancy on a less-than-thirty-day basis are intended to be used, rented, or hired out as an occupant's primary residence; and as such, are not permitted to be used or provided as lodging services for transient guests or tourists. For use by transient guests or tourists, please see Section 17.10.440 Transient Habitation Commercial Activities or Section 17.10.125 - Bed and Breakfast Residential Activities. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13779, § 2(Exh. A), 1-16-2024; Ord. No. 13509, § 2(Exh. A), 12-4-2018; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Prior planning code § 2261)

The provision of lodging services to transient guests on a less-than-thirty-day basis, other than in the case of activities classified by Section 17.10.440 Transient Habitation Commercial Activities or by another Residential Activity (Sections 17.10.100 through 17.10.120), that have each of the following characteristics:

A.

The activity occupies a One-Family Dwelling Residential Facility or Two- to Four-Family Dwelling Residential Facility;

B.

The activity allows no more than twelve (12) adult paying guests at any time and contains no more than six (6) guest units;

C.

The activity is located in a facility that is owner occupied;

D.

The activity is located in a facility on a property with an existing or contingency historic rating of "A", "B", "C", or "D", or is a Landmark according to the City of Oakland Office of Historic Preservation;

E.

The facility includes incidental eating and drinking services for lodgers only that are provided from a single kitchen per Bed and Breakfast establishment.

This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13509, § 2(Exh. A), 12-4-2018; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. No. 13677, § 4(Exh. A), 1-18-2022)

Civic Activities include the performance of utility, educational, recreational, cultural, medical, protective, governmental, and other activities which are strongly vested with public or social importance. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Prior planning code § 2300)

Essential Service Civic Activities include the maintenance and operation of the following installations:

A.

Electric, gas, and telephone distribution lines and poles, and water, storm drainage, and sewer lines, with incidental appurtenances thereto, but excluding electric transmission lines;

B.

Community gardens. For the purpose of this classification, Community Gardens are defined as land that is used individually or collectively for the cultivation of fruits, vegetables, plants, flowers, herbs, and/or ornamental plants for personal consumption and/or donation. Typically in community gardens, the land is divided into individual plots, and each individual participant is responsible for their own plot and the yielding or the production of which belongs to the individual, but can also include land that is not divided and the participant group cultivates the subject land together. This classification does not include any cannabis activities; livestock production or the cultivation of animals and/or animal products by agricultural methods, except for bee keeping involving no more than three (3) hives; the use of heavy mechanized farming equipment; or commercial sales on or off the premises, except for limited seasonal sales;

C.

Botanical gardens;

D.

Private streets;

E.

Public polling places;

F.

Freeways, rapid transit routes, streets, alleys, and paths, but excluding activities on, under, or over such ways which activities are not customarily appurtenant thereto;

G.

Activities that do not involve the construction of a permanent fixed foundation building (only temporary structures are allowed) conducted for a limited duration under valid license or lease on property owned or leased by the City;

H.

Police and Fire stations;

I.

Post offices, but excluding major mail processing centers;

J.

Telecommunications activities including the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received;

K.

Electrical Vehicle Charging Stations and similar infrastructure;

L.

All activities not classified elsewhere in the use regulations that are conducted on City and regional parklands and which are specifically referenced in master plans which are adopted by the Oakland City Council.

This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13805, § 2(Exh. A), 7-16-2024; Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13270, § 3(Exh. A), 11-18-2014; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12078 § 5 (part), 1998; prior planning code § 2310)

Limited Child-Care Civic Activities include the provision of day-care service for fourteen (14) or fewer children, provided, however, that care for six (6) or more children be provided only in facilities licensed by a state or county agency. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

Note: Family Day Care Homes, as specified in Section 17.10.110, are permitted by right in all residential zoning districts.

(Ord. No. 13779, § 2(Exh. A), 1-16-2024; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Prior planning code § 2311)

Community Assembly Civic Activities include the provision of civic activities to assembled groups of spectators or participants at the following institutions or installations. Examples of activities in this classification include but are not limited to the following:

• Churches, temples, synagogues, and other similar places of worship;

• Public and private nonprofit clubs, lodges, meeting halls, and recreation centers;

• Community, cultural, and performing arts center;

• Public and nonprofit gymnasiums and indoor swimming pools.

This classification also includes certain activities accessory to the above, as specified in Section 17.10.040. Notwithstanding anything to the contrary contained in the Planning Code, Emergency Shelter Residential Activities are permitted by-right on properties owned by churches, temples, synagogues, and other similar places of worship approved for Community Assembly Civic Activities.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

Recreational Assembly Civic Activities include the provision of recreational activities, typically performed by participants within public facilities. Examples of activities in this classification include but are not limited to the following:

• Food service and other concessions located within public parks;

• Public and parochial playgrounds and playing fields;

• Temporary nonprofit festivals;

• Basketball courts, tennis courts, handball courts, lawn bowling, leisure areas, and similar outdoor park and recreational facilities;

• Community outdoor swimming and wading pools, and other water play features;

• Picnic areas.

This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(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. 12939, § 4(Exh. A), 6-16-2009)

Editor's note— Ord. No. 12939, § 4(Exh. A), adopted June 16, 2009, amended Section 17.10.170 in its entirety to read as herein set out. Formerly, Section 17.10.170 pertained to community assembly civic activities, and derived from the prior planning code § 2314, and Ord. No. 12078, § 5, adopted 1998.

Community Education Civic Activities include the activities typically performed by the following institutions:

A.

Public and private day-care centers for fifteen (15) or more children;

B.

Public and private nursery schools and kindergartens;

C.

Public and private elementary, junior high, and high schools;

D.

Support services provided for independent living skills development including self-improvement education, employment and job training for both on-site and off-site residents in conjunction with Residential Activities.

This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12138 § 4 (part), 1999: prior planning code § 2316)

Nonassembly Cultural Civic Activities include the maintenance and operation of institutions or installations that are primarily engaged in the display or preservation of objects of interest in the arts or sciences, for public, or private non-profit purposes. Examples of activities in this classification include but are not limited to the following:

• Publicly owned and nonprofit art galleries;

• Plant conservatories;

• Libraries;

• Museums;

• Observatories.

This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13812, § 4(Exh. A), 7-30-2024; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12078 § 5 (part), 1998; prior planning code § 2317)

Administrative Civic Activities include the activities typically performed by government and public utility administrative offices. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Prior planning code § 2318)

Health Care Civic Activities include all activities which primarily provide medical care and supervision other than those defined elsewhere in the Zoning Regulations. Examples of activities in this classification include, but are not limited to, the following:

A.

Health clinics;

B.

Hospitals;

C.

Skilled nursing, extended care, and assisted living facilities, all of which provide medical care on site;

D.

Nonresidential centers providing psychological or family counseling and mental hygiene services to individuals or groups;

E.

Support services which include regular individualized case management for both on-site and offsite residents in conjunction with Residential Activities;

F.

Facilities which provide inpatient and/or outpatient medical and/or psychological treatment for mental illness, substance and alcohol abuse and addiction;

G.

State licensed "Adult Day Care Facilities" and "Adult Day Support Centers".

This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12138 § 4 (part), 1999: prior planning code § 2320)

Special Health Care Civic Activities include all activities defined by Health Care Civic Activities in Subsection 17.10.220 F. (Health Care Civic Activities: Facilities which provide inpatient and/or outpatient medical and/or psychological treatment for mental illness, substance and alcohol abuse and addiction) when such services are provided primarily to persons who currently use hypodermic needles to illegally inject controlled substances and where such services may include needle exchange, drug treatment, drug counseling or such other health services frequently required by persons currently using hypodermic needles to illegally inject controlled substances. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12450, § 3, 2002)

Utility and Vehicular Civic Activities include the maintenance and operation of the following installations:

A.

Communications equipment installations and exchanges, but excluding Telecommunications Activities specified in Section 17.10.140 Essential Civic Service Activities;

B.

Electrical substations;

C.

Gas substations;

D.

Neighborhood newscarrier distribution centers;

E.

Publicly operated off-street parking lots and garages available to the general public either without charge or on a fee basis.

This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Prior planning code § 2321)

Extensive Impact Civic Activities include the activities typically performed by, or the maintenance and operation of, the following institutions and installations:

A.

Airports, heliports, and helistops;

B.

Cemeteries, mausoleums, columbariums, and crematories;

C.

Colleges, junior colleges, and universities, but excluding business schools or other similar types of trade schools operated as profit-making enterprises;

D.

Detention and correction institutions;

E.

Docks and wharves operated by a public agency;

F.

Electric transmission lines;

G.

Garbage dumps and transfer stations;

H.

Curbside recycling collection centers;

I.

Golf courses and driving ranges;

J.

Major mail-processing centers;

K.

Military installations;

L.

Public and public utility corporation or truck yards;

M.

Radio and television transmission stations;

N.

Railroad and bus terminals;

O.

Railroad rights-of-way and yards and bus storage areas;

P.

Reservoirs and water tanks;

Q.

Sewage disposal tanks;

R.

Stadiums, sports arenas, auditoriums, and bandstands;

S.

Truck terminals operated by a public agency;

T.

Zoological gardens and wildlife preserves;

U.

Campgrounds;

V.

Stormwater detention ponds and facilities;

W.

Facilities supervised by or under contract with the State Department of Corrections, including alternative sentencing and community work release programs.

This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13518, § 4(Exh. A), 2-5-2019; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13256, § 4(Exh. A), 9-23-2014; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12138 § 4 (part), 1999; Ord. 12078 § 5 (part), 1998; prior planning code § 2322)

Editor's note— Ord. No. 12939, § 4(Exh. A), adopted June 16, 2009, repealed the former Section 17.10.250 in its entirety, which pertained to telecommunication activities, and derived from the prior planning code § 2323, and Ord. No. 11904, § 5.05, adopted 1996.

Commercial Activities include the distribution and sale or rental of goods; the provision of services other than those classified as Civic Activities; and the administrative and research operations of private, profit-oriented firms, other than public utility firms. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

General Food Sales Commercial Activities include the retail sales of food or beverages for off-site preparation and consumption. This classification includes, but is not limited to, the following:

A.

Supermarkets or grocery stores that that offer a variety of food items for home consumption such as a combination of fresh fruits, vegetables, breads, meat, dairy products, cereals, pastas, and prepackaged foods. Generally, grocery stores are a minimum five thousand (5,000) square feet and have a minimum twenty percent (20%) of net retail floor area devoted to the display of fresh fruits and vegetables and/or fresh meats, whichever is greater.

B.

Stores specializing in particular or distinctive food items, including but not limited to, retailers whose primary business maintains an inventory of specialty, gourmet, health, or ethnic food items. Examples of activities in this classification include, but are not limited to, the following:

• Gourmet food stores;

• Bakeries;

• Butchers;

• Specialty food stores;

• Fish and poultry shops;

• Produce markets;

• Delicatessens (may include sandwich shops in conjunction with the sale of other delicatessen products);

• Health food stores.

This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

Full-Service Restaurant Commercial Activities include the provision of food or beverage services to patrons who order and are served while seated (table service), and pay after eating. Only a minor proportion, if any, of the food is sold for consumption off-premises. These restaurants have kitchens that contain equipment suitable for cooking an assortment of foods; and may include service of liquor, beer and/or wine, subject to the standards in Section 17.103.030. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(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. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

Limited-Service Restaurant and Cafe Commercial Activities include the provision of food or beverage services to patrons that generally order and pay at a service counter before eating. Food and beverages may be served in disposable containers and may be consumed on the premises or taken out. Seating for on-premises consumption is usually available and table service may or may not be provided. These restaurants may include service of beer and/or wine, subject to the standards in Section 17.103.030. Examples of these activities include, but are not limited to, cafes and restaurants that do not fall under Section 17.10.272 Full-Service Restaurant Commercial Activities, or Section 17.10.280 Fast-food Restaurant Commercial Activities. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(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. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

Fast-Food Restaurant Commercial Activities include the retail sale of ready-to-eat prepared foods and beverages, for on- or off-premises consumption, whenever the foods and beverages are available upon a short waiting time and are primarily served in or on disposable wrappers, containers, or plates. Fast-Food Restaurants may also exhibit other design and operating characteristics, including: (1) a limited menu; (2) food is typically ordered and served at a service counter; (3) food is paid for prior to consumption; (4) the facility in which the activity/use is occurring provides a take-out counter space and space for customer queuing. Examples of these activities include, but are not limited to, restaurants that do not fall under Section 17.10.272 Full-service restaurant Commercial Activities or Section 17.10.274 Limited Service Restaurant and Cafe Commercial Activities. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13421, § 4, 3-28-2017; 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. 12939, § 4(Exh. A), 6-16-2009)

Editor's note— Ord. No. 13064, § 2(Exh. A), adopted March 15, 2011, renumbered the former Sections 17.10.280 (Convenience market commercial activities) and 17.10.290 (Fast-food restaurant commercial activities) as Sections 17.10.290 and 17.10.280, respectively. The historical notation has been preserved for reference purposes.

Convenience Market Commercial Activities include the retail sale of food, beverages, and small personal convenience items, primarily for off-premises consumption and typically found in establishments with long or late hours of operation and a relatively small building; but exclude delicatessens and other specialty food shops, establishments that have a sizeable amount of highly perishable items such as fresh fruits and vegetables, fresh-cut meat. In general, "late hours of operation" means businesses that stay open until or after 10:00 p.m. or at or before 7:00 a.m.; "relatively small building" means a building that is less than five thousand (5,000) square feet; and "a sizeable amount of highly perishable items" means at least twenty percent (20%) of net retail floor area devoted to fresh fruits and vegetables and/or fresh meats, whichever is greater, devoted to these products. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

Editor's note— See editor's note at Section 17.10.280.

Alcoholic Beverage Sales Commercial Activities include the retail sale, for on- or off-premises consumption, of liquor, beer, wine, or other alcoholic beverages, but exclude Full-Service Restaurants, Limited-Service Restaurants and Cafes, and alcoholic beverage manufacturers that comply with their respective definition in Sections 17.10.272, 17.10.274, and 17.103.030. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13527, § 2, 4-2-2019; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13270, § 3(Exh. A), 11-18-2014; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

Mechanical or Electronic Games Commercial Activities include the provision of pinball machines, video game devices, or other mechanical or electronic games, as defined in the Oakland Municipal Code, where the games can be played or operated by the public or by customers; but exclude the provision of such games in a pool or billiard room or bowling alley for which a permit is required pursuant to Chapter 5.02 of the Oakland Municipal Code and from which persons under eighteen (18) years of age are barred at all times by the owner or operator, or in premises which are licensed by the State Department of Alcoholic Beverage Control for on-sale consumption of alcoholic beverages and which do not lawfully allow minors. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

Medical Service Commercial Activities include the provision of therapeutic, preventive, or corrective personal treatment services by physicians, dentists, psychotherapists, and other practitioners, as well as the provision of medical testing and analysis services. They also include certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

General Retail Sales Commercial Activities include the sales of items generally for personal or household use, but excludes activities more specifically described in other classifications. This activity does not include establishment where more than five percent (5%) of net retail floor area is devoted to food products. Examples of activities in this classification include, but are not limited to the following:

• Book and magazine, music, and video stores;

• Pharmacy that sells prescription and non-prescription drugs along with miscellaneous retail items;

• Florists;

• News stand;

• New and used clothing and shoes stores;

• Department stores;

• Electronics and appliance stores;

• Furniture and home furnishing stores;

• Gift shops;

• Hardware and paint stores;

• Hobby supply stores;

• Auto parts stores, excluding service or installation;

• Jewelry stores;

• Luggage and leather goods stores;

• Office supply and stationary stores;

• Sporting goods stores.

This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

Large-Scale Combined Retail and Grocery Sales Commercial Activities include the retail sale from the premises of goods and merchandise, primarily for personal or household use, from stores whose total sales floor area exceeds one hundred thousand (100,000) square feet, and which devote more than ten percent (10%) of sales floor area to the sale of non-taxable merchandise, but exclude wholesale clubs or other establishments selling primarily bulk merchandise and charging membership dues or otherwise restricting merchandise sales to customers paying a periodic access fee. This classification excludes the sale or rental of motor vehicles, except for parts and accessories, and the sale of materials used in construction of buildings or other structures, except for paint, fixtures, and hardware. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

Consumer Service Commercial Activities include the provision of services of a personal nature, but exclude activities more specifically classified elsewhere. Examples of activities in this classification include but are not limited to the following:

• Barber shops;

• Beauty salons;

• Laundromats;

• Nail salons;

• Full service laundry service and dry cleaners (not including dry cleaning plants);

• Shoe shine stands;

• Tailors;

• Tanning salons;

• Tattoo parlors;

• A pharmacy that exclusively sells prescription drugs, non-prescription drugs, and other medical-related products;

• Massage services.

This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(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. 13042, § 4(Exh. A), 10-19-2010; Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

Consultative and Financial Service Commercial Activities include the provision of financial, mortgage, insurance, retail bank branch, consumer oriented tax services, and real estate brokerage services, other than the services classified as Civic Activities or described in Sections 17.10.330 (Medical Service), 17.10.400 (Business, Communication, and Media Service), and 17.10.420 (Research Service Commercial Activities). This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

Check Cashier and Check Cashing Commercial Activities include:

A.

A person or entity that, for compensation, engages in whole or in part in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. "Check Cashier Activities" also include the business of deferred deposits whereby the check cashier refrains from depositing a personal check written by a customer until a specific date pursuant to a written agreement as provided in Civil Code Section 1789.33, as amended.

B.

"Check Cashier" or "Check Cashing Activities" do not include a state or federally chartered bank, savings association, credit union, or industrial loan company. "Check Cashier" or "Check Cashing Activities" also do not include a retail seller engaged primarily in the business of selling consumer goods, such as consumables, to retail buyers that cash checks or issues money orders for a minimum flat fee, not exceeding two (2) dollars, as a service to its customers that is incidental to its main purpose or business. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

Consumer Cleaning and Repair Service Commercial Activities include the cleaning or repair of household appliances, furniture, and similar items; but exclude establishments that include on-site dry cleaning or repair of motor vehicles and of structures. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

Dry Cleaning Plant Commercial Activities include the on-site dry cleaning of personal apparel and similar items with or without consumer drop-off and pick-up. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

Artisan Production Commercial Activities include the creation, exhibition and on-site sale of multi-media art and artisan products. This includes street-oriented displays of artistic products and publicly-accessible studio and sales spaces. These activities do not include manufacture, fabrication or production processes that produce noise, vibration, air pollution, fire hazard, or noxious emissions that could disturb or endanger neighboring properties. This classification does not include the production of alcoholic beverages classified in Section 17.10.550 Custom Manufacturing Industrial Activities. Artisan Production Activities include, but are not limited to:

A.

Painting;

B.

Drawing;

C.

Sculpture;

D.

Small-scale jewelry, metalworking, furniture, and woodworking production;

E.

Photography, picture framing, printshop, digital print lab;

F.

Fashion design, sewing, textiles fabrication;

G.

Art galleries (excluding those classified as a Nonassembly Cultural Civic Activity in Section 17.10.190);

H.

Food Production (excluding the production of highly pungent, odor-causing items, such as vinegar and yeast) with five thousand (5,000) square feet or less of floor area.

(Ord. No. 13812, § 4(Exh. A), 7-30-2024; Ord. No. 13763, § 5, 10-3-2023)

Group Assembly Commercial Activities include the provision of instructional, amusement, and other services of a similar nature to group assemblages of people. This classification does not include any activity classified in Section 17.10.160 Community Assembly Civic Activities, Section 17.10.170 Recreational Assembly Civic Activities, Section 17.10.180 Community Education Civic Activities, or Section 17.10.190 Nonassembly Cultural Civic Activities. Examples of activities in this classification include, but are not limited to, the following:

• Yoga, martial arts, driving school, job training, and other instructional classes in facilities with five thousand (5,000) square feet or more of classroom or instructional space;

• Drive-in theaters;

• Theaters or venues with five thousand (5,000) square feet or more of performance, lobby space, and audience floor area;

• Cabarets, night clubs, dance halls, pool halls, bowling alleys, and adult entertainment;

• Banquet halls;

• Fitness clubs with five thousand (5,000) square feet or more of floor area.

This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13812, § 4(Exh. A), 7-30-2024; Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13251, § 5(Exh. A), 7-29-2014; 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. 12939, § 4(Exh. A), 6-16-2009)

Personal Instruction and Improvement Services Commercial Activities include the provision of informational, instructional, personal improvement and other services of a similar nature. This classification does not include any activity classified as Section 17.10.180 Community Education Civic Activities or Section 17.10.380 Group Assembly Commercial Activities. Examples of activities in this classification include, but are not limited to, the following:

• Yoga, martial arts, driving school, job training, and other instructional classes in facilities with less than five thousand (5,000) square feet of classroom or instructional space;

• Fitness clubs with less than five thousand (5,000) square feet of floor area;

• Theaters or venues with less than five thousand (5,000) square feet of performance, lobby space, and audience floor area.

This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13251, § 5(Exh. A), 7-29-2014; 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. 12939, § 4(Exh. A), 6-16-2009)

Editor's note— Ord. No. 13251, § 5(Exh. A), adopted July 29, 2014, changed the title of Section 17.10.385 from "Personal instruction and small scale entertainment commercial activities" to "Personal instruction and improvement services commercial activities." The historical notation has been preserved for reference purposes.

Administrative Commercial Activities include the professional, executive, management, administrative, and clerical activities of private firms, other than public utility firms. This classification includes, but is not limited to, administrative corporate headquarter offices, business offices, and the offices of investment firms. Examples of activities in this classification include but are not limited to the following:

• Cultural and advocacy offices;

• Law firms;

• Accounting;

• Advertising;

• Architectural and engineering consulting firms;

• Management consulting firms;

• Computer consulting;

• Software design;

• Data management and billing services offices;

• Administrative offices of non-profit organizations.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

Business, Communication, and Media Service Commercial Activities include the provision of services of a clerical, goods brokerage, communication, or minor processing nature such as digital and print production, photocopying, audio and video editing, and mailing services. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

Broadcasting and Recording Service Commercial Activities include the recording or broadcasting of music or video performed in studios. This category does not include transmission towers. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

Research Service Commercial Activities include research and development of a scientific, medical, pharmaceutical, or small- and medium-scale industrial nature leading to the development of new products and processes. These activities generally occur in an office or laboratory setting. This classification does not include activities that fall into the Research and Development Industrial Activities classification or laboratories approved for National Institute of Health experiments using Risk Group 4 or Restricted Agents (commonly known as "bio-safety level 4") (see Section 17.10.580 Heavy/High Impact Manufacturing Activities). This classification includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13812, § 4(Exh. A), 7-30-2024; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

General Wholesale Sales Commercial Activities include the storage and sale, from the premises, of bulk goods, as well as the storage of such goods on the premises and their transfer therefrom to other firms or individuals; but exclude sale or storage of motor vehicles, except for parts and accessories, and sale or storage of materials used in construction of buildings or other structures. This classification does not include hardware or paint stores. This classification also excludes activities under Section 17.10.345 (Large-Scale Combined Retail and Grocery Sales Commercial Activity). This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

Transient Habitation Commercial Activities include the provision of lodging services to transient guests on a less-than-thirty-days basis, other than in the case of activities classified by Section 17.10.120 Semi-Transient Residential Activities or Section 17.10.125 Bed and Breakfast Residential Activities. Examples include hotels and motels. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13509, § 2(Exh. A), 12-4-2018; 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. 12939, § 4(Exh. A), 6-16-2009)

Building Material Sales Commercial Activities include the sale of bulk building and landscaping supplies. This classification includes, but is not limited to, sales of heating, air conditioning, electrical and plumbing equipment, soil, soil amendments, lumber, gravel, or other similar building materials. Landscaping and building materials are commonly stored outside. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

Automobile and Other Light Vehicle Sales and Rental Commercial Activities include the sale, rental, leasing and incidental cleaning, servicing, and repair of small passenger vehicles and light trucks that have a gross vehicle weight rating of less than fourteen thousand (14,000) pounds such as cars, sports utility vehicles, motorcycles, pickup trucks, vans, light tow trucks, light trucks, boats and RVs. This classification also includes the retail or wholesale sale or rental, from the premises, of any type of goods where orders are placed predominantly by telephone or mail order with delivery being provided by motor vehicle. Delivery activities that include use of more than two (2) on-site tow trucks are excluded from this classification This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(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. 12939, § 4(Exh. A), 6-16-2009)

Automobile and Other Light Vehicle Gas Station and Servicing Commercial Activities include the sale, from the premises, of goods and the provision of services which are generally required in the operation and maintenance of automotive vehicles that have a gross vehicle weight less than fourteen thousand (14,000) pounds and the fulfilling of motorist needs, including sale of petroleum products together with sale and servicing of tires, batteries, automotive accessories, and replacement items, lubricating services, and performance of minor repairs. This classification does not include vehicle dismantling or salvage and tire re-treading or recapping. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

Automobile and Other Light Vehicle Repair and Cleaning Commercial Activities include the major repair or painting of motor vehicles that have a gross vehicle weight rating of less than fourteen thousand (14,000) pounds, including body work and installation of major accessories, as well as the washing and polishing of motor vehicles. This classification does not include vehicle dismantling or salvage and tire re-treading or recapping. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(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. 12939, § 4(Exh. A), 6-16-2009)

Taxi and Light Fleet-Based Service Commercial Activities include passenger transportation services, local delivery services, and other businesses that rely on fleets of three (3) or more vehicles with a gross vehicle weight rating of less than fourteen thousand (14,000) pounds. This classification includes parking, dispatching, and offices for taxicab and limousine operations, airport shuttles, medical transport, local messenger and document delivery services, janitorial services, and similar businesses. This classification only includes towing operations when vehicles are taken to off-site locations and the tow trucks do not exceed the above gross vehicle weight rating. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(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. 12939, § 4(Exh. A), 6-16-2009)

Automotive Fee Parking Commercial Activities include the parking and storage of motor vehicles on a fee basis, including, but not limited to, for-fee parking lots and parking for car share vehicles, other than the operation of parking facilities by a Civic Activity. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13393, § 2(Exh. A), 10-4-2016; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

Editor's note— Ord. No. 13172, § 3(Exh. A), adopted July 2, 2013, repealed the former Section 17.10.500, which pertained to transport and warehousing commercial activities (does not apply to the CIX-1, CIX-2, IG, or IO Zones), and derived from Ord. No. 12939, § 4(Exh. A), adopted June 16, 2009.

Animal Boarding Commercial Activities include any structure, land, or combination thereof used, designed, or arranged for the boarding, breeding or care of dogs, cats, pets, or other domestic animals for profit, but exclusive of animals used for agricultural purposes. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

Animal Care Commercial Activities include the provision of animal care and treatment wherein the overnight care of said animals is prohibited except when necessary in the medical treatment of the animal. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

Undertaking Service Commercial Activities include the provision of undertaking and funeral services involving the care and preparation of the human dead prior to burial. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12939, § 4(Exh. A), 6-16-2009)

Industrial Activities include the on-site production of goods by methods other than agricultural and extractive in nature the provisions of warehousing and storage, freight handling, shipping, and trucking services; and the storage, transportation, and processing of recyclable or waste materials, and hazardous materials. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12875 § 2 (part), 2008: prior planning code § 2400)

Custom Manufacturing Industrial Activities include the small-scale production of artisan and/or custom products. This activity typically includes the production of finished parts or products by hand, involving the use of hand tools and small-scale equipment within enclosed buildings. Custom Manufacturing Industrial Activities do not produce noise, vibration, air pollution, fire hazard, or noxious emission that will disturb or endanger neighboring properties. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040. This classification includes, but is not limited to, the production of:

A.

Beverages (including alcoholic) and food (excluding the production of highly pungent, odor-causing items, such as vinegar and yeast) with ten thousand (10,000) square feet or less of floor area (see Section 17.10.040 for allowed sales activities accessory to the production of alcoholic beverages and Section 17.103.030 for definition of an alcoholic beverage manufacturer);

B.

Cameras and photographic equipment;

C.

Custom sign-making;

D.

Custom clothing;

E.

Custom furniture building and refinishing;

F.

Professional, scientific, measuring, and controlling instruments;

G.

Musical instruments;

H.

Medical, dental, optical and orthopedic instruments and appliances, and similar items;

I.

Handicraft, art objects, and jewelry.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13270, § 3(Exh. A), 11-18-2014; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12899 § 4, Exh. A (part), 2008; Ord. 12875 § 2 (part), 2008)

Light Manufacturing Industrial Activities include the manufacturing, compounding, processing, assembling, packaging, or treatment of components or products, primarily from previously prepared materials, and typically within enclosed buildings. Light Manufacturing Industrial Activities do not produce noise, vibration, air pollution, fire hazard, or noxious emission that will disturb or endanger neighboring properties. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040. This classification includes, but is not limited to, the production or assembly of:

A.

Production apparel manufacturing;

B.

Computer and electronic products;

C.

Pharmaceutical production;

D.

Beverages (including alcoholic) and food (excluding the production of highly pungent, odor-causing items, such as vinegar and yeast) with more than ten thousand (10,000) square feet of floor area (see Section 17.10.040 for allowed sales activities accessory to the production of alcoholic beverages and Section 17.103.030 for definition of an alcoholic beverage manufacturer);

E.

Electrical equipment, appliances, and components;

F.

Furniture and related products;

G.

Pharmaceutical production;

H.

Sporting and athletic goods.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13270, § 3(Exh. A), 11-18-2014; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12899 § 4, Exh. A (part), 2008; Ord. 12875 § 2 (part), 2008)

General Manufacturing Industrial Activities include the manufacturing, compounding, processing, assembling, packaging or treatment of products from extracted, raw, recycled or secondary materials; they may have some or all activities conducted outdoors. This classification excludes all activities under Intermediate Recycling Processing Facilities. The Zoning Administrator or his/her designee may place an activity that otherwise fits this description, but does not produce noise, vibration, air pollution, fire hazard, or noxious emission that will violate standard in Chapter 17.120, or an other federal, State or local standards into the Light Manufacturing Industrial Activities classification. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040. Examples of activities in this classification include, but are not limited to, the following:

A.

Chemical manufacturing (except for the chemical products listed under Heavy/High/Impact Manufacturing);

B.

Glass manufacturing;

C.

Metal foundries;

D.

Wood product manufacturing;

E.

Heavy equipment and manufacturing;

F.

Paper finishing;

G.

Pipe production facilities;

H.

Textile mills;

I.

Tire retreading and recapping;

J.

Wood product manufacturing.

(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. 12939, § 4(Exh. A), 6-16-2009; Ord. 12899 § 4, Exh. A (part), 2008; Ord. 12875 § 2 (part), 2008)

Heavy/High Impact Manufacturing Industrial Activities include high impact or hazardous manufacturing processes. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040. Examples of activities in this classification include, but are not limited to, the following:

A.

Any manufacturing use with large-scale facilities for outdoor oil and gas storage;

B.

Any biotechnology research, development or production activities involving materials defined by the National Institute of Health as Risk Group 4 or Restricted Agents (commonly known as "biosafety level 4");

C.

Battery manufacturing and storage;

D.

Lime and gypsum products manufacturing;

E.

Non-ferrous metals production, processing, smelting and refining;

F.

Painting, coating and adhesive manufacturing;

G.

Synthetic dye and pigment manufacturing;

H.

Urethane and other open-cell foam product manufacturing;

I.

Petroleum and coal products manufacturing and refining;

J.

Primary metal smelting;

K.

Vinegar, yeast and other pungent, odor-causing items production;

L.

Leather tanning;

M.

Cement and asphalt manufacturing;

N.

Explosives manufacturing;

O.

Fertilizer and other agricultural chemical manufacturing.

(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. 12939, § 4(Exh. A), 6-16-2009; Ord. 12899 § 4, Exh. A (part), 2008; Ord. 12875 § 2 (part), 2008)

Research and Development Industrial Activities include large scale industrial research and product prototype development in advance of full-scale manufacturing of final products. These activities take place in an industrial setting. The only manufacturing uses in this classification consist of the creation of prototype processes, products, plans, or designs for the primary purpose of research, development, or evaluation, rather than sale.

This classification excludes laboratories approved for National Institute of Health experiments using Risk Group 4 or Restricted Agents (commonly known as "bio-safety level 4") (see Section 17.10.580 Heavy/High Impact Manufacturing Activities). This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13812, § 4(Exh. A), 7-30-2024; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12875 § 2 (part), 2008)

Construction Operations Industrial Activities include enclosed and unenclosed facilities and accessory yards for construction and incidental storage activities and/or fabrication activities performed by construction contractors on lots other than construction sites. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040. This classification includes, but is not limited to, the storage and custom cutting of stone for interior applications, roofing and plumbing component storage, and equipment storage for environmental contractors.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12875 § 2 (part), 2008)

Warehousing, Storage, and Distribution Industrial Activities include five (5) sub-classifications as described below. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040:

A.

General Warehousing, Storage, and Distribution. General Warehousing, Storage, and Distribution Activities include the warehousing and storage, primarily within enclosed buildings, of commercial goods (other than primary storage of hazardous materials), and the associated distribution activities that occur on-site prior to delivery of goods to wholesale and retail outlets or direct shipment to customers. These activities may also include ancillary truck parking and dispatching; and accessory outdoor storage areas where outdoor storage, not including parking and loading areas, does not occupy more than thirty percent (30%) of the total site area.

B.

General Outdoor Storage. General Outdoor Storage Activities include principal outdoor storage of items for more than 24 hours where such storage activities occupy more than thirty percent (30%) of the site area. The principal storage of goods and materials, equipment or vehicles; as well as the storage of operating equipment for warehouses, such as forklifts, pallets, and racks. This classification excludes outdoor storage uses that are more specifically described in this Chapter, including but not limited to, container storage, salvage and junk yards and oil and gas storage. This classification includes, but is not limited to, construction trailers, outdoor sheds or accessory portable structures, secondary sites for storage of building materials that are not for resale on-site.

C.

Self- or Mini-Storage. Self- or Mini-Storage Activities consist of storage in small individual spaces, on average of four hundred (400) square feet or less that are exclusively and directly accessible to a specific tenant, offered on a monthly or other limited basis, and available to the general public.

D.

Container Storage. Container Storage Activities include the storage, repair, and "pre-tripping" of shipping containers, including refrigerated shipping containers, on open lots. Includes minor repair and cleaning of containers, and may include the rehabilitation of containers for other uses.

E.

Automotive Salvage/Junk Yards. Automotive Salvage/Junk Yard Activities include the storage and dismantling of vehicles and equipment for sale of parts.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12875 § 2 (part), 2008)

Regional Freight Transportation Industrial Activities include the provision of freight handling and shipping services by water and rail. They include the inter- and intra-regional transportation of goods. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

A.

Seaport. The accommodation of freight service and operations by ship. This classification includes piers, wharves and docks, marine terminals, container and break-bulk storage areas (where container storage is an accessory, rather than principal activity), related inter-modal facilities, and support services such as port and harbor operations and navigational services.

B.

Rail yard. Accommodation of freight service and operations by rail.

(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. 12939, § 4(Exh. A), 6-16-2009; Ord. 12875 § 2 (part), 2008)

Trucking and Truck-Related Industrial Activities include the provision of freight handling and shipping services by trucks as well as parking, maintenance, and services for trucks and other heavy vehicles and equipment. Each classification involves the use of trucks and other heavy vehicles that have a gross vehicle weight rating greater than or equal to fourteen thousand (14,000) pounds. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

A.

Freight/Truck Terminal. The accommodation of local or worldwide freight by truck. This classification includes facilities used primarily for transfer, breaking-down, and/or consolidation of freight, as well as parking and dispatch of trucks.

B.

Truck Yard. Parking, dispatch, refueling, and incidental repair of trucks, buses, or other fleets of heavy vehicles, where there is no on-site freight storage or transfer. This classification includes corporation yards operated by public and private towing operations. This classification does not include local courier and delivery services; towing operations as an accessory activity to Automotive and Other Light Vehicle Repair and Cleaning (see Section 17.10.480).

C.

Truck Weigh Stations. The weighing of commercial trucks in truck weighing facilities.

D.

Truck and Other Heavy Vehicle Sales, Rental, and Leasing. Sales, rental, and leasing of medium and heavy trucks, truck tractors, construction or agricultural equipment, buses, commercial boats, heavy equipment, and other commercial vehicles. This classification includes the sale, installation, accessory repair and servicing of related equipment and parts. This classification does not include vehicle dismantling or salvage and tire re-treading or recapping (see Salvage/Junk Yards, Section 17.10.583).

E.

Truck and Other Heavy Vehicle Service, Repair, and Refueling. Repair, fueling, and other servicing of medium and heavy trucks, truck tractors, construction or agricultural equipment, buses, boats, heavy equipment, and similar vehicles. This classification includes the sale, installation, and servicing of related equipment and parts. This classification also includes gasoline, diesel, natural gas, and/or hydrogen fueling stations, repair shops, body and fender shops, wheel and brake shops, engine repair and rebuilding, welding, major painting service, tire sales and installation, and upholstery shops for trucks and other heavy vehicles. This classification does not include electrical vehicle charging stations installed as the primary use of a site (see Essential Service Activities, Section 17.10.140.K); or vehicle dismantling or salvage (see Salvage/Junk Yards, Subsection 17.10.583.E).

(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; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12875 § 2 (part), 2008)

Recycling and Waste-Related Industrial Activities include recycling collection, intermediate processing, and other activities related to the storage and processing of used and waste materials. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

A.

Satellite Recycling Collection Centers. An activity accepting recyclable non-hazardous materials directly from the public by donation, redemption, or purchase at facilities less than five hundred (500) square feet in area that generally do not use power-driven processing equipment.

Satellite collection centers may include mobile recycling units, bulk reverse vending machines, kiosk type units, and/or unattended containers placed for the donation of recyclable materials. These facilities are generally located in, or associated with supermarkets and shopping centers. Most, though not all, satellite collection centers are set up pursuant to requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986, which requires establishment of such centers in all "Convenience Zones" (CZ) in California, defined as the area within one-half (½) mile of all supermarkets, to collect beverage containers made from materials such as aluminum, glass, plastic, and bimetal for recycling.

B.

Primary Recycling Collection Centers. An activity accepting recyclable non-hazardous materials by donation, redemption, or purchase at facilities occupying an area of more than five hundred (500) square feet that are not operated incidental to a host use and that may have a permanent building. Primary collection centers typically use power-driven equipment to sort and condense material for shipment to an intermediate processor or other user. Primary Recycling Collection Centers may have a combination of outdoor processing and storage.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. No. 12923, § 2(Exh. A), 3-17-2009; Ord. 12875 § 2 (part), 2008)

Hazardous Materials Production, Storage, and Waste Management Industrial Activities include four (4) sub-classifications as described below. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040:

A.

Small Scale Transfer and Storage Hazardous Waste Management Activities. Small Scale Transfer and Storage Hazardous Waste Management Activities include treatment facilities with waste streams small enough to be exempt from manifest requirements as described in California Health and Safety Code, Division 20, Chapter 6.5, Article 6. Wastes from any given generator must not exceed a total volume of five (5) gallons or a total weight of fifty (50) pounds.

B.

Industrial Transfer/Storage Hazardous Waste Management Activities. Industrial Transfer/Storage Hazardous Waste Management Activities include any treatment facility which is not a Small Scale Transfer and Storage Facility or Residual Repository.

C.

Residuals Repositories Hazardous Waste Management Activities. Residuals Repositories Hazardous Waste Management Activities include treatment facilities for collection of residual wastes de-fined as residues from other treatment facilities after treatment, and other irreducible stabilized or detoxified hazardous wastes.

D.

Oil and Gas Storage. Oil and Gas Storage Activities include tank farms and outdoor facilities for the bulk storage and handling of fuel and lubricating oils, gasoline and natural gas.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12875 § 2 (part), 2008)

Agricultural and Extractive Activities include the on-site production of plants, animals, and plant and animal products by agricultural methods, and of mineral products by extractive methods. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Prior planning code § 2450)

Plant Nursery Agricultural Activities include the cultivation for sale of horticultural specialties such as flowers, shrubs, and trees, intended for ornamental or landscaping purposes. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Prior planning code § 2460)

Limited Agricultural Activities include the cultivation on the premises of fruits, vegetables, plants, flowers, herbs, and/or ornamental plants intended to produce food, fibers, or other plant products for on- or off-site sale; the keeping, grazing, and/or feeding of no more than three (3) livestock animals by agricultural methods; and bee keeping activities involving no more than three (3) hives. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040; and employee housing consisting of no more than thirty-six (36) beds in a group quarters or twelve (12) units or spaces designed for use by a family or household. This classification does not include any cannabis activities; the keeping, grazing, and/or feeding of more than three (3) livestock animals or bee keeping involving more than three (3) hives; the use of any heavy mechanized farming equipment; or any activity classified in Section 17.10.600 Plant Nursery Agricultural Activities. Any keeping, grazing, feeding, and/or production of animals or animal products must conform to all applicable regulations, including but not limited to, Municipal Code Chapters 6.04, 8.14, and 8.18. See also Section 17.102.140 for regulations regarding the keeping or training of horses, mules, or donkeys.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13270, § 3(Exh. A), 11-18-2014; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Prior planning code § 2461)

Extensive Agricultural Activities include the keeping, grazing, and/or feeding of more than three (3) livestock animals by agricultural methods, including bee keeping activities involving more than three (3) hives; and agricultural activities not included in Section 17.10.610 Limited Agricultural Activities, including but not limited to, the use of any heavy mechanized farming equipment. Any keeping, grazing, feeding, and/or production of animals or animal products must conform to all applicable regulations, including but not limited to, Municipal Code Chapters 6.04, 8.14, and 8.18. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040; and employee housing consisting of no more than thirty-six (36) beds in a group quarters or twelve (12) units or spaces designed for use by a family or household. This classification does not include any cannabis activities; or any activity classified in Section 17.10.505 Animal Boarding Commercial Activities or Section 17.10.510 Animal Care Commercial Activities. See also Section 17.102.140 for regulations regarding the keeping or training of horses, mules, or donkeys.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13270, § 3(Exh. A), 11-18-2014)

Mining and Quarrying Extractive Activities include the extraction of metallic and nonmetallic minerals, including sand and gravel pit operations. They include surface mining operations as defined by Section 2735 of the Public Resources Code of the state of California. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Prior planning code § 2462)

Residential Facilities include living quarters which accommodate or are intended to accommodate Residential Activities. They also include certain facilities accessory to the above, as specified in Section 17.10.070.

(Prior planning code § 2550)

One-Family Dwelling Residential Facilities include permanently fixed buildings, or those portions thereof, which accommodate or are intended to accommodate Residential Activities and contain one Regular Dwelling Unit on a parcel, along with any Accessory Dwelling Units that may be permitted as set forth in Section 17.103.080 and Chapter 17.88. One-Family Dwelling Residential Facilities also include manufactured homes, as defined in Health and Safety Code Section 18007; mobile homes, as defined in Health and Safety Code Section 18008; and employee housing providing accommodations for six (6) or fewer employees. They also include certain facilities accessory to the above, as specified in Section 17.10.070.

(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; Prior planning code § 2560)

Editor's note— Ord. No. 13677, § 4(Exh. A), adopted Jan. 18, 2022, repealed § 17.10.650, which pertained to One-Family Dwelling with Secondary Unit Residential Facilities, and derived from Ord. 12199 § 3 (part), 2000: prior planning code § 2560.1; and Ord. No. 13357, § 3(Exh. A), adopted Feb. 16, 2016.

Two- to Four-Family Dwelling Residential Facilities include permanently fixed buildings, or those portions thereof, which accommodate or are intended to accommodate Residential Activities and contain two (2) to four (4) Regular Dwelling Units or Efficiency Dwelling Units on a parcel, along with any Accessory Dwelling Units that may be permitted as set forth in Section 17.103.080 and Chapter 17.88. They also include certain facilities accessory to the above, as specified in Section 17.10.070.

(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. 13064, § 2(Exh. A), 3-15-2011; Prior planning code § 2561)

Multifamily Dwelling Residential Facilities include permanently fixed buildings, or those portions thereof, which accommodate or are intended to accommodate Residential Activities and contain five (5) or more Regular Dwelling Units or Efficiency Dwelling Units on a parcel, along with any Accessory Dwelling Units that may be permitted as set forth in Section 17.103.080 and Chapter 17.88. They also include certain facilities accessory to the above, as specified in Section 17.10.070.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13677, § 4(Exh. A), 1-18-2022; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Prior planning code § 2562)

Rooming House Residential Facilities include permanently fixed buildings, or those portions thereof, which accommodate or are intended to accommodate Residential Activities and each of which contains one or more rooming units. They also include certain facilities accessory to the above, as specified in Section 17.10.070.

(Prior planning code § 2566)

Vehicular Residential Facilities include recreational vehicles as defined in Health and Safety Code Section 18010. They do not include manufactured homes, as defined in Health and Safety Code Section 18007; mobile homes, as defined in Health and Safety Code Section 18008; or structures installed on a permanent foundation. They also include certain facilities accessory to the above, as specified in Section 17.10.070.

(Ord. 12872 § 4 (part), 2008: prior planning code § 2567; Ord. No. 13666, § 3(Exh. A), 11-16-2021)

Editor's note— Ord. No. 1366, § 3(Exh. A), adopted Nov. 16, 2021, amended the title of § 17.10.700 to read as herein set out. The former § 17.10.700 title pertained to mobile home residential facilities.

Nonresidential Facilities include principal facilities, or portions thereof, which accommodate or are intended to accommodate Civic, Commercial, Industrial, or Agricultural or Extractive Activities. They also include certain facilities accessory to the above, as specified in Section 17.10.070.

(Ord. No. 13064, § 2(Exh. A), 3-15-2011; prior planning code § 2600)

Enclosed Nonresidential Facilities include principal buildings, or portions thereof, other than those described in Section 17.10.740, which accommodate or are intended to accommodate Civic, Commercial, Industrial, or Agricultural or Extractive Activities and which are separated from adjacent areas on all sides by walls pierced only by windows, vents, or customary entrances and exits. They also include certain facilities accessory to the above, as specified in Section 17.10.070.

(Ord. No. 13064, § 2(Exh. A), 3-15-2011; prior planning code § 2610)

Open Nonresidential Facilities include principal facilities, other than those facilities described in Sections 17.10.740 (Drive-In Nonresidential), 17.10.750 (Sidewalk Cafe) and 17.10.770 (Drive-Through Nonresidential), which accommodate or are intended to accommodate Civic, Commercial, Industrial, or Agricultural or Extractive Activities and which either are unroofed areas or structures, or are buildings which are not separated from adjacent areas on all sides by walls pierced only by windows, vents, or customary entrances and exits. They also include certain facilities accessory to the above, as specified in Section 17.10.070.

(Ord. 12899 § 4, Exh. A (part), 2008; prior planning code § 2611)

Drive-In Nonresidential Facilities include principal buildings, open areas, and other facilities which accommodate or are intended to accommodate Civic, Commercial, Industrial, or Agricultural or Extractive Activities and which are so designed or operated as to enable persons to receive a service or purchase or consume goods while remaining within a motor vehicle. They also include certain facilities accessory to the above, as specified in Section 17.10.070.

(Ord. No. 13064, § 2(Exh. A), 3-15-2011; prior planning code § 2612)

Sidewalk Cafe Nonresidential Facilities include dining areas which encroach within the sidewalk or plaza area of the public right-of-way and are intended to accommodate either a General Food Sales Commercial, Full-service restaurant, Limited Service Restaurant and Cafe, Fast-Food Restaurant, or Alcoholic Beverage Sales Commercial Activity located on private property. Such dining areas shall be defined by design elements which separate the establishment from the remainder of the sidewalk or plaza.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Prior planning code § 2613)

Editor's note— Ord. No. 13172, § 3(Exh. A), adopted July 2, 2013, repealed the former Section 17.10.760, which pertained to shopping center facility, and derived from the prior planning code, § 2614.

Drive-Through Nonresidential Facilities include vehicular access systems designed to enable persons to receive a service or purchase goods by driving through the property and conducting the transaction while remaining within the vehicle. The systems generally consist of vehicular stacking/queuing lane(s) and one or more service locations/windows. Drive-Through Nonresidential Facilities are intended to accommodate Civic, Commercial, Industrial, or Agriculture or Extractive Activities. They also include certain other facilities accessory to the above as specified in Section 17.10.070.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011; prior planning code § 2615)

Signs are any facilities, whether located inside or outside a building, which are visible from any lot line, and the primary purpose of which is the conveyance of an idea, advertising, endorsement, identification, or information, by means of visual symbols, lettering, illustration, or any other means of directing attention or communicating; and include display surfaces together with such facilities as are utilized in supporting, maintaining, and illuminating the display surfaces.

(Prior planning code § 2650)

Residential Signs are Signs which give notice of the name or address of Residential Facilities on the same lot or the name or occupation of a resident thereof, or the condition of use of a parking area or other private facility serving a Residential Activity.

(Prior planning code § 2660)

Special Signs are Signs which serve a temporary or other special function of an emergency, patriotic, religious, or community nature, including official notices and warning Signs posted by a governmental agency; the flag of any nation, state, international organization, or other governmental agency; memorial plaques, historical tablets, and other commemorative symbols; temporary displays of a patriotic or religious nature; temporary nonstructural posters for civic or political campaigns; and nonilluminated, nonverbal religious symbols.

(Prior planning code § 2661)

Development Signs are temporary Signs which announce the anticipated sale, lease, rental, or character of facilities being constructed or altered, or of facilities or lots in a real estate development or subdivision, or which identify persons or firms engaged in the promotion, design, construction, or alteration thereof.

(Ord. No. 13172, § 3(Exh. A), 7-2-2013; Prior planning code § 2662)

Realty Signs are temporary Signs which pertain to the sale, lease, rental, or display of existing lots or buildings or other facilities.

(Prior planning code § 2663)

Civic Signs are Signs, other than Special Signs, which give notice of the name or services, or other function or operation, of a Civic Activity on the same lot, or the address or conditions of use of a parking area or other facility serving such activity.

(Prior planning code § 2664)

Business Signs are any of the following:

A.

A Sign directing attention to, or otherwise pertaining to, a commodity, service, business, or profession which is sold, produced, conducted, or offered as one of the major functions of a Commercial, Industrial, or Agricultural or Extractive Activity on the same lot;

B.

A Sign, or portion thereof, directing attention to or otherwise pertaining to a commodity or service which is sold, produced, or offered by a Commercial, Industrial, or Agricultural or Extractive Activity on the same lot but which does not constitute a major function thereof, whenever:

1.

Such Sign is located behind a display window, or

2.

Such Sign has a display surface not greater than twelve (12) square feet on any one face, or

3.

Such advertising is incidental to a Sign pertaining to a major function and does not occupy more than one-half of the area of display surface thereof;

C.

A Sign giving notice of the address or conditions of use of a parking area or other facility serving a Commercial, Industrial, or Agricultural or Extractive Activity.

(Ord. No. 13064, § 2(Exh. A), 3-15-2011; prior planning code § 2667)

Advertising Signs are any of the following:

A.

A Sign directing attention to, or otherwise pertaining to, a commodity, service, business, or profession which is not sold, produced, conducted, or offered by any activity on the same lot;

B.

A Sign directing attention to, or otherwise pertaining to, a commodity or service which is sold, produced, conducted, or offered by a Commercial, Industrial, or Agricultural or Extractive Activity on the same lot but which does not constitute a major function thereof, whenever such Sign is not classified as a Business Sign under Section 17.10.840B.

(Ord. No. 13064, § 2(Exh. A), 3-15-2011; prior planning code § 2668)

Telecommunications Facilities include attachment of antennas to buildings and similar facilities, the construction of support structures, and the provision of equipment associated with transmitting and receiving of radio frequencies.

(Ord. 11904 § 5.06 (part), 1996: prior planning code § 2700)

A Micro Telecommunications Facility is an attached wireless communication facility consisting of no more than six (6) antennas whose height is no more than four (4) feet and whose width is no more than one (1) foot and the antennas are concealed from view. If the antennas are visible, they may be no more than two (2) feet tall and the width and depth of the antennas may be no more than four (4) inches. The associated equipment cabinets are not to exceed four (4) feet high by three (3) feet wide by two (2) feet deep if they are visible. If the equipment cabinets are concealed in an existing building, there is no limit on size of equipment.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12768 § 3 (part), 2006; Ord. 11904 § 5.06 (part), 1996: prior planning code § 2710)

A Mini Telecommunications Facility is an attached wireless communication facility consisting of no more than twelve (12) antennas projecting no more than fifteen (15) feet above the roof line. The associated equipment cabinets are either concealed in an existing building, or no more than six (6) feet in height and occupy an area of no more than thirty (30) square feet. Construction of a separate structure to enclose the equipment serving the antennas is not allowed under the Mini Telecommunications Facility definition.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12768 § 3 (part), 2006; Ord. 11904 § 5.06 (part), 1996: prior planning code § 2711)

A Macro Telecommunications Facility is a wireless communication facility not included in the definition of Micro Telecommunications, Mini Telecommunications, Monopole Telecommunications, or Tower Telecommunications Facilities.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. 11904 § 5.06 (part), 1996: prior planning code § 2712)

A Monopole Telecommunications Facility is a wireless communication facility that supports wireless communications antennas with a monopolar structure erected on the ground, terminating in one or more connecting appurtenances.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. 11904 § 5.06 (part), 1996: prior planning code § 2713)

A Tower Telecommunications Facility is a self-supporting structure, erected on the ground, which consists of metal crossed strips or bars to support antennas and related equipment.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. 11904 § 5.06 (part), 1996: prior planning code § 2714)