Oakley City Zoning Code
ARTICLE 5
DISTRICT REGULATIONS: COMMERCIAL
§ 9.1.502 Commercial Downtown District (CD).
(Repealed by Ord. 09-22, 8/9/2022)
§ 9.1.504 Retail Business District (RB).
a.
Purpose and Intent. The purpose of the RB District is to retain smallscale businesses and facilities that will provide a wide range of services to adjacent neighborhoods and to the community as a whole. The RB District is intended for small-scale developments that are adjacent to, or within the vicinity of, residential districts. Under the following regulations set forth in this section, all land within an RB retail business district may be used for the following uses:
b.
Permitted Uses. The following uses, or uses determined to be similar by the Community Development Director, are permitted in the RB district:
1.
Accounting and Financial Planning Offices (not including checkcashing business);
2.
Antique Store;
3.
Architectural And Engineering Offices;
4.
Art And Art Supplies Store;
5.
Artist’s Studio;
6.
Automobile Parts Store;
7.
Bakery;
8.
Banks and Financial Institutions;
9.
Barber Or Beauty Shop;
10.
Bicycle Shop;
11.
Bookstore;
12.
Camera Store;
13.
Candy, Nut, And Confectionery Stores;
14.
Card Shop;
15.
Carpet/Drapery Store;
16.
Catering Facility;
17.
Chiropractic and Acupuncture Offices;
18.
Clothing Store;
19.
Coffee/Espresso Shop;
20.
Consignment Store;
21.
Convenience Market;
22.
Copying Or Reproduction Facility;
23.
Dance Studio;
24.
Delicatessen;
25.
Fabric Store;
26.
Floral Shop;
27.
Furniture Store;
28.
Garden Supplies Store;
29.
Gift Shop;
30.
Insurance And Real Estate Offices;
31.
Jewelry Store;
32.
Locksmith Shop;
33.
Mailing Or Facsimile Service;
34.
Martial Arts Studio;
35.
Medical And Dental Offices;
36.
Music Studio;
37.
Music Store;
38.
Nail Salon;
39.
Notary Public (with or without formal law offices);
40.
Nursery (Horticulture);
41.
Paint/wallpaper store;
42.
Palm reading service;
43.
Parking facilities, (ancillary to a principle use);
44.
Pet Store;
45.
Photography Studio;
46.
Plumbing and heating store;
47.
Professional Offices
48.
Restaurant;
49.
Shoe Repair Shop;
50.
Sidewalk Cafe, (including outdoor dining);
51.
Small-Appliance Store;
52.
Sporting Goods Store;
53.
Stationary Store;
54.
Suntan Parlor;
55.
Supermarket;
56.
Tailor/seamstress Shop;
57.
Toy Store;
58.
Travel and Airline Agency Offices;
59.
Video Sales and Rental Store;
60.
Low Barrier Navigation Center;
61.
One Hundred Percent (100%) Affordable Housing Developments With Supportive Housing Units.
c.
Uses Requiring a Conditional Use Permit. In the RB district the following uses are permitted after the issuance of a conditional use permit:
1.
Ambulance Service;
2.
Animal Grooming Service;
3.
Animal Hospital;
4.
Appliance Service and repair shop. (Not ancillary to a primary use);
5.
Automotive Repair;
6.
Banquet Hall;
7.
Car Rental Agency;
8.
Child Care Center;
9.
Drive-thru Restaurants and Services;
10.
Dry Cleaner/laundry;
11.
Educational facility including small (generally less than 2,000 square feet) designed to augment the learning process of elementary and secondary students;
12.
Gasoline Service Station;
13.
Health and Fitness Club;
14.
Dog Kennel;
15.
Hotels and Motels;
16.
Liquor Store
17.
Mixed Use (multifamily residential in conjunction with commercial)
18.
Other retail businesses where the sales, demonstrations, displays, services and other activities, are conducted other than in an enclosed building abutting a residential district;
19.
Parking Facilities, (as a principle use);
20.
Recycling Small Collection Facility;
21.
Recreational Facility;
22.
Assembly uses with 100 seats or less.
d.
Uses Requiring a Temporary Use Permit. None.
e.
Lot Requirements. Minimum Lot Area; Minimum Lot Width; Minimum Lot Depth.
Minimum Lot Requirements | Retail Business District (RB)1 |
|---|---|
Lot Area2 (in square feet) | 3,500 |
Lot Width | 35 feet |
Lot Depth | N/A |
Notes | |
1. | Maximum Base FAR shall not exceed 1.0 |
2. | Maximum site coverage shall not exceed 40 percent. |
f.
Yard Requirements.
Minimum Yard Requirements (in feet) | Retail Business District (RB) |
|---|---|
Front Yard | 10 |
Rear Yard | N/A |
Rear Yard (when retail business uses are adjacent to residential districts) | 20 |
Aggregate Width of Side Yard | N/A |
Aggregate Width of Side Yard (when retail business uses are adjacent to residential districts) | 10 |
Width of One Side | N/A |
g.
Building Height.
Building Height Requirements (in feet) | Retail Business (RB) |
|---|---|
Maximum Building Height | 35 feet |
Maximum Accessory Building Height: | 35 feet |
Special Height Requirements and Exceptions | See Section 9.1.1126 |
h.
Other Regulations
i.
All new commercial development shall be consistent with the Commercial and Industrial Design Guidelines (See Appendix C of this chapter).
ii.
Special District.
1.
Special District; Generally. A single parcel of land, containing at least twenty (20) acres, located in a retail business district, may be developed as a special retail business district as provided in subsections (h)(i)(2) through (6) of this section.
2.
Enlarged Detailed Map. An enlarged detailed map shall be made a part of this chapter and shall state on the map that it is a special retail business district. The map shall delineate, and set forth the conditions for the placement of buildings and spaces about buildings in legend form on the face of the map and thereby becomes a part of this subsection and of the detail of the area to which it applies.
3.
Conditional Use Permits. Conditional use permits for the modification of any of the details set forth on the enlarged detail map may be granted after application under Section 9.1.1602.
4.
Lot Area. In special business districts, subsection (e) of this section, regulating lot area, shall not apply.
5.
Building Construction. The enlarged detail map shall contain precise designations for sites of buildings. Only one (1) building may be constructed within a precise building site, but conditional use permits to construct additional buildings on the site may be granted after application under Section 9.1.1602.
6.
Areas Not Included in Building Sites. Areas in special retail business districts not included in precise building sites may be used for the following uses and purposes: walks, drives, curbs, gutters, parking areas, accessory buildings to parking areas, and other landscaping features not including buildings or structures, but buildings or structures may be erected in these areas on the issuance of a conditional use permit for them.
(Ord. 12-25, 8/12/2025)
§ 9.1.506 General Commercial District (C).
a.
Purpose and Intent. The purpose of the C District is to create and maintain major commercial centers accommodating a broad range of commercial uses (e.g., office, retail, and personal services) of community-wide or regional significance typically found adjacent to or along major travel corridors, such as Main Street, O’Hara Avenue, Laurel Avenue and Empire Avenue. Typical uses will vary widely in size and purpose and include large-scale retail, regional-serving retail, performance of services, including repair facilities, offices, small wholesale stores or distributors, limited processing and packaging, the manufacture or treatment of goods from raw materials, large-scale grocery and convenience stores, professional offices, restaurants, laundry facilities, and other uses of similar character and impacts. Subject to all regulations set forth in this section, land within the C (General Commercial) District may be used as permitted in this section.
b.
Permitted Uses. The following uses, or uses determined to be similar by the Community Development Director, are allowed in the C District:
1)
Retail stores, including:
a)
Auto parts;
b)
Clothing;
c)
Grocery;
d)
Household goods;
e)
Garden nursery;
f)
Sporting goods; and
g)
Other similar retail uses;
2)
Retail sales in conjunction with wholesale activities;
3)
Indoor recreation and health/fitness clubs;
4)
Offices (medical, dental, professional);
5)
Restaurants;
6)
Hotels/motels;
7)
Banks, financial institutions;
8)
Studios, including dance studios, martial arts studios, and other class-oriented training facilities;
9)
Assembly, public/private with less than one hundred (100) seats;
10)
Automobile/boat/motorcycle sales with showroom only (new and used);
11)
Bakery/deli, retail (including cafes and coffee shops);
12)
Light manufacturing without heavy equipment (PS-1);
13)
Equipment rental/sales (PS-1);
14)
Copy and reproduction storefronts;
15)
Veterinary hospitals;
16)
Dry cleaner, drop off/pick up only (no onsite cleaning service); and
17)
Uses permitted in the RB District;
18)
Low barrier navigation center;
19)
One hundred percent (100%) affordable housing developments with supportive housing units.
c.
Uses Requiring a Conditional Use Permit. In the C District, the following uses are permitted after the issuance of a conditional use permit:
1)
Assembly, public/private with one hundred (100) or more seats;
2)
Automobile/boat/motorcycle sales with outside inventory (new and used);
3)
Bar, lounge, nightclub or restaurant with full bar;
4)
College campus;
5)
Community center – Public or private;
6)
Golf course or range;
7)
Gun, rifle range;
8)
Helicopter pad – Emergency;
9)
Hospitals;
10)
Recreational vehicle or mobile home sales yard;
11)
Recreation, outdoor;
12)
Wine tasting rooms in conjunction with a retail use;
13)
Boat and recreational vehicle outdoor storage when combined with retail storefronts; and
14)
Uses requiring a conditional use permit in the RB District.
d.
Accessory/Ancillary Uses. Uses that are permitted when accessory or ancillary to an approved use.
1)
ATM machines when part of a main building with an established commercial use;
2)
Recycling – Mobile center (PS-2);
3)
Recycling – Reverse vending (PS-2);
4)
Recycling – Small collection facility (PS-2); and
5)
Temporary sales or construction trailer.
e.
Uses Requiring a Temporary Use Permit. Temporary use permits in the C District are subject to the regulations set forth in Section 9.1.1606.
f.
Lot Requirements.
Minimum Lot Requirements | General Commercial District (C)1 |
|---|---|
Lot Area (in square feet) | 7,500 |
Lot Width | N/A |
Lot Depth | N/A |
Notes | |
1. | Maximum Base FAR shall not exceed 1.0 |
g.
Yard Requirements.
Minimum Yard Requirements (in feet) | General Commercial District (C) |
|---|---|
Front and Corner Side Yards | See Commercial Guidelines V.B (Streetscape, Roads and Streets) |
Rear Yard when adjacent to Residential | 20 |
Side Yard when adjacent to Residential | 20 |
Rear and Side Yards when adjacent to Commercial or Industrial | 0 |
h.
Building Height.
Building Height Requirements (in feet) | General Commercial District (C) |
|---|---|
Maximum Building Height | 35 feet |
Maximum Accessory Building Height | 35 feet |
Special Height Requirements and Exceptions | See Section 9.1.1124 |
i.
Other Regulations.
1)
All new commercial development shall be consistent with the Oakley Commercial and Industrial Design Guidelines (See Appendix C of this chapter); and
2)
All new commercial development shall be subject to Design Review (Section 9.1.1604).
j.
Performance Standards. The following table describes the requirements for Permitted, Conditionally Permitted, and Accessory/Ancillary Uses that are subject to a Performance Standard as indicated by (PS "-") above.
Performance Standard Designation | Performance Standard Description |
|---|---|
PS-1 | Conditional Use Permit required for outdoor storage or gross floor area over 5,000 square feet. |
PS-2 | Screening of material sorting and storage areas from public view is required, otherwise use is not permitted. |
(Ord. 14-09, 5/26/2009; Ord. 12-25, 8/12/2025)
§ 9.1.508 Business Park High (BPH).
a.
Purpose and Intent. The purpose of the BP District is to provide for establishment of high quality business office parks in a campus environment at key locations within the City of Oakley. No residential uses of any kind are permitted or conditionally permitted in the BPH district or BPL (Business Park Low) district.
b.
Permitted Uses. The following uses, or uses determined to be similar by the Community Development Director, are permitted in the BPH District as primary uses:
1.
Accessory uses, including but not limited to the following:
a.
Sale of personal goods and services, when provided in the principal building, including but not limited to the following:
i.
Flower, and news vending;
ii.
Ticket outlets; and
b.
Other services which are customary appurtenant uses.
2.
Accounting Offices;
3.
Addressing Services;
4.
Administrative, executive, and professional offices, including similar professional occupations;
5.
Catering Facilities;
6.
Clubs, Lodges, And Fraternal Organizations;
7.
Computing Services;
8.
Copying Facility, (to include printing and related services);
9.
Day Care, limited (= twelve 12 people w/care = 24 hours);
10.
Delicatessen;
11.
Dry Cleaner/laundry;
12.
Employment Agencies;
13.
Financial and Business Offices and Related Facilities;
14.
Gift Shop;
15.
Health and Recreation Facilities;
16.
Locksmith Shop;
17.
Notary Public;
18.
Public Parking Facilities;
19.
Public Utility and Service Uses;
20.
Research laboratories (experimental and testing),
21.
Restaurants without drive-thru facilities;
22.
Sidewalk Cafe (with permanent outdoor seating area);
23.
Stenographic Services;
24.
Travel and Airline Agencies;
25.
Veterinarian Office, provided that no office of a veterinarian shall include an animal hospital or kennel; and
26.
Warehousing, storage, and distribution facilities as accessory uses but not exceeding ten thousand (10,000) square feet per establishment or not more than sixty percent (60%) of gross floor area per establishment.
c.
Uses Requiring a Conditional Use Permit. In the BPH district the following uses are permitted after the issuance of a conditional use permit:
1.
Airport;
2.
Ambulance Service;
3.
Artist’s Studio;
4.
Assembly Uses;
5.
Automobile Gasoline Service Station;
6.
Communication facilities (see Section 9.1.202(b)(26));
7.
Cultural Institution;
8.
Helicopter Landing Facilities (emergency and non-emergency);
9.
Hotels;
10.
Other compatible uses as determined by the Planning Commission subject to the granting of a conditional use permit;
11.
Parking Facilities, as a principle use;
12.
Specialty Food Shops.
d.
Uses Requiring a Temporary Use Permit. In the BPH district, the following uses are permitted on the issuance of a Temporary Use Permit in accordance with Section 9.1.1606:
1.
Indoor or outdoor gatherings directly associated with permitted or conditional uses in the BPH district;
2.
Indoor or outdoor business-related trade shows and gatherings of similar nature and purpose associated with permitted or conditional uses in the BPH district.
e.
Lot Requirements. Minimum Lot Area; Minimum Lot Width; Minimum Lot Depth.
Minimum Lot Requirements1 | Business Park High (BPH)2 |
|---|---|
Lot Area3 (in square feet) | 87,120 |
Lot Width | N/A |
Lot Depth | N/A |
Notes | |
1. | Special lot requirements and exceptions – see Chapter 5. |
2. | Maximum Base FAR shall not exceed 2.0 |
3. | Maximum site coverage not to exceed 50 percent. |
f.
Yard Requirements. Accessory Uses in Rear Yards. An accessory building or accessory use may occupy not more than thirty percent (30%) of a required rear yard.
Minimum Yard Requirements (in feet) | Business Park High (BPH) |
|---|---|
Front Yard | 25 |
Rear Yard (required when business park uses are adjacent to residential districts, otherwise N/A) | 20 |
Aggregate Width of Side Yard | 10 |
Width of One Side | N/A |
g.
Height Limit.
Building Height Requirements (in feet) | Business Park High (BPH) |
|---|---|
Maximum Building Height | 50 feet |
Maximum Accessory Building Height: | 50 feet |
Special Height Requirements and Exceptions | See Section 9.1.1126 |
h.
Other Regulations. All new commercial and industrial development shall be consistent with the Commercial and Industrial Design Guidelines (See Appendix C of this chapter).
§ 9.1.510 Business Park Low (BPl).
a.
Purpose and Intent. The purpose of the BP District is to provide for establishment of high quality business office parks in a campus environment at key locations within the City of Oakley. No residential uses of any kind are permitted or conditionally permitted in the BPL district.
b.
Permitted Uses. The following uses, or uses determined to be similar by the Community Development Director, are permitted in the BPL District as primary uses:
1.
All uses permitted in BPH district (Section 9.1.508(b)).
c.
Uses Requiring a Conditional use permit. In the BPL district the following uses are permitted after the issuance of a conditional use permit:
1.
All uses requiring a conditional use permit in BPH district (Section 9.1.508c).
d.
Uses Requiring a Temporary Use Permit. In the BPL district, the following uses are permitted on the issuance of a Temporary Use Permit in accordance with Section 9.1.1606:
1.
Indoor or outdoor gatherings directly associated with permitted or conditional uses in the BPH district;
2.
Indoor or outdoor business-related trade shows and gatherings of similar nature and purpose associated with permitted or conditional uses in the BPH district.
e.
Lot Requirements. Minimum Lot Area; Minimum Lot Width; Minimum Lot Depth.
Minimum Lot Requirements1 | Business Park Low (BPL)2 |
|---|---|
Lot Area3 (in square feet) | 43,560 |
Lot Width | N/A |
Lot Depth | N/A |
Notes | |
1. | Special lot requirements and exceptions – see Chapter 5. |
2. | Maximum Base FAR shall not exceed 1.0 |
3. | Maximum site coverage not to exceed 50 percent. |
f.
Yard Requirements. Accessory Uses in Rear Yards. An accessory building or accessory use may occupy not more than thirty percent (30%) of a required rear yard.
Minimum Yard Requirements (in feet) | Business Park High (BPL) |
|---|---|
Front Yard | 25 |
Rear Yard (required when business park uses are adjacent to residential districts, otherwise N/A) | 20 |
Aggregate Width of Side Yard | 10 |
Width of One Side | N/A |
g.
Building Height.
Building Height Requirements (in feet) | Business Park High (BPH) |
|---|---|
Maximum Building Height | 50 feet |
Maximum Accessory Building Height: | 50 feet |
Special Height Requirements and Exceptions | See Section 9.1.1124. |
h.
Other Regulations. All new commercial and industrial development shall be consistent with the Commercial and Industrial Design Guidelines (See Appendix C of this chapter).
§ 9.1.512 Commercial Recreation – Aquatic (CR-A).
a.
Purpose and Intent. The CR-A District is designated in certain areas along the City’s waterfront, which is part of the greater Sacramento-San Joaquin Delta. The Delta is a unique region that supports a wealth of natural resources, vibrant communities, agriculture, and recreation. The lands designated CR-A are within the Secondary Zone of the Delta, within the Contra Costa County Urban Limit Line, within City limits, and within the Urban Interface Zone in the Delta Plan. The purpose of the CR-A District is to provide designated areas for commercial, recreational and visitor-oriented uses compatible with the waterfront and the natural features in the Delta. The intent is to provide new and protect existing commercial and recreational opportunities. The CR-A District will encourage uses that allow residents and visitors to enjoy and appreciate the waterways of the Delta. The proximity to the Delta is considered a further opportunity to enhance the overall quality of the area.
b.
Permitted Uses. Uses permitted in the CR-A District shall be as follows:
1)
Boat charter, rental, or sales. Boats include kayaks, canoes, stand-up paddle boards, sail boats, wind sailing, jet skis, bass boats, cabin cruisers, electric boats, and similar watercraft;
2)
Boat storage/yards. Indoor or outdoor storage of boats, including stack storage, boat haul out, maintenance, and boat repair as an ancillary use;
3)
Boat tours, including fishing guides and tours of the Delta;
4)
Docks and boat launches;
5)
Eating and drinking establishments, including restaurants, cafes, take-out, floating restaurants, take-out by boat, and dock dining. Drive-throughs not permitted;
6)
Ferry services;
7)
Fishing tournaments;
8)
Houseboat charter, rentals, and sales;
9)
Indoor storage of marine or recreational equipment and supplies;
10)
Interpretive and educational facilities;
11)
Marinas;
12)
Marinas with recreational vehicle parks;
13)
Marina mixed-use developments, including restaurants, offices, or retail shops;
14)
Marine schools;
15)
Offices;
16)
Park and recreation facilities, including tent or recreational vehicle campgrounds;
17)
Public safety facilities, including marine patrol, search and rescue, and reclamation district facilities;
18)
Recreational vehicle repair and/or storage within enclosed structures;
19)
Retail stores;
20)
Studios and galleries for artists; and
21)
Utilities, minor (utilities and energy efficient improvements to buildings and structures).
c.
Uses Requiring a Conditional Use Permit. In the CR-A District the following uses are permitted after the issuance of a conditional use permit:
1)
Boat storage/yards when including boat building or manufacturing;
2)
Commercial waterfront master plan with a residential component (residential component subject to the lot and yard requirements, building height and other regulations of multiple family residential districts (M-9, M-12 and M-17) (Sections 9.1.406(e) through (h));
3)
Hotels and motels;
4)
Utilities, major (generating plants, electrical substations, water reservoirs, water or wastewater treatment plants, and similar facilities of public agencies or public utilities. A structure that may have a significant effect on surrounding uses shall be regulated under this classification); and
5)
Yacht club.
d.
Uses Requiring a Temporary Use Permit. The following uses, or uses determined to be similar by the Community Development Director, are permitted in the CR-A District subject to the approval of a temporary use permit:
1)
Animal shows (exhibitions of domestic or large animals for a maximum of seven days);
2)
Circuses and carnivals (provision of games, rides, eating and drinking, facilities, live entertainment, animal exhibitions, or similar activities for a maximum of seven days. This classification excludes events conducted in a permanent entertainment facility);
3)
Commercial filming, limited (commercial motion picture or video photography at the same location six or fewer days per quarter of a calendar year);
4)
Fairs and festivals (provision of games, eating and drinking facilities, live entertainment, or similar activities not requiring the use of roofed structures and not exceeding seventy-two (72) hours);
5)
Outdoor storage and display (outdoor storage and display of merchandise, materials, or equipment for a maximum period of seventy-two (72) hours per quarter of a calendar year);
6)
Recreation and entertainment events (This classification includes sporting events and tournaments, contests and exhibitions, performing arts, and similar activities for a maximum of seven days. This classification excludes events conducted in a permanent entertainment facility); and
7)
Trade fairs (display and sale of goods or equipment related to a specific trade or industry for a maximum period of five days).
e.
Lot Requirements. Minimum Lot Areas.
Minimum Lot Requirements | Commercial Recreation – Aquatics (CR-A)1 |
|---|---|
Lot Area (in square feet) | N/A – Regulated by setbacks |
Lot Width | 25 |
Lot Depth | N/A |
Notes: | |
1. | Floor Area Ratio – No building shall exceed a FAR of 1.0 |
f.
Yard Requirements.
1)
Minimum Building Setback. Buildings in the CR-A District shall not have required minimum building setbacks, except for the following instances:
Minimum Yard Requirements (in feet) | Commercial Recreation – Aquatics (CR-A) |
|---|---|
Front Yard | N/A |
Rear Yard (abutting an R District) | 5 |
Rear Yard (abutting an alley) | 10 |
Aggregate Width of Side Yard (abutting an R District) | 5 |
Width of One Side | N/A |
2)
Accessory Uses in Rear Yards. An accessory building or accessory use may occupy not more than thirty percent (30%) of a required rear yard.
g.
Building Height.
Building Height Requirements (in feet) | Commercial Recreation Aquatic (CR-A) |
|---|---|
Maximum Building Height | 50 feet |
Maximum Accessory Building Height: | N/A |
Special Height Requirements and Exceptions | See Section 9.1.1126 |
h.
Other Regulations.
1)
All new commercial development shall be consistent with the Commercial and Industrial Design Guidelines (see Appendix C of this chapter) and is subject to design review approval;
2)
Marinas include covered or uncovered berths, fuel docks, electric boat charging stations, launch ramps, marine maintenance and repair services, lubricants, parts, and accessories for boats, pump-outs, convenience store, office, harbormaster living quarters, and related uses;
3)
Boat and houseboat sales may be new or used vessels that are operable and seaworthy;
4)
Public safety facilities may include outdoor storage of mobile trailers for disaster preparedness (levee failures, oil spills, earthquakes);
5)
Fences, walls, hedges, uncovered decks, landings, patios, platforms, porches and terraces and similar structures not more than six feet in height, may be located within any required side yard to the rear of the front setback or within any required rear yard other than those abutting an alley. Fences, walls, hedges, and accessory structures shall be limited to three feet in height above natural grade in all required front yard setback areas; and
6)
Marina and Dock Regulations. Marina and dock projects may be allowed in the CR-A District based on the following criteria, as determined appropriate by the Community Development Director:
a)
Proposed locations should be along waterways having an adequate channel width as defined by the State Harbors and Navigation Code;
b)
Adequate public vehicular access and parking must be provided;
c)
Off-site improvements, such as required access roads, must be capable of supporting the proposed development and subsequent use;
d)
Adequate on-site sewage or public sewer disposal must be provided; be available;
e)
Adequate access for emergency response vehicles must be available;
f)
Such uses should minimize the conflict with adjacent agricultural uses or natural resources;
g)
Adequate potable water must be provided, as appropriate, for all recreational uses; and
h)
Encourage public access to the delta and shoreline in conjunction with new dock and marina projects. Such access may be achieved upon the subject property or through cooperative efforts with adjacent property owners.
(Ord. 08-09, 2/24/2009; Ord. 20-10, 10/26/2010; Ord. 02-22, 2/22/2022)
§ 9.1.514 Commercial Recreation – Non-Aquatic (CR-NA).
a.
Purpose and Intent. The purpose of the CR-NA District is to provide designated areas for recreation-oriented uses and commercial activities, such as golf courses and horse stables, that are compatible with open space uses and uses specified in Section 9.1.512, Commercial Recreation – Aquatic (CR-A).
b.
Permitted Uses. Uses permitted in the CR-NA district shall be as follows:
1.
Day Care, Limited (Non-medical care and supervision of twelve or fewer persons on a less than 24-hour basis). This classification includes nursery schools, pre-schools, and day-care centers for children and adults;
2.
Eating and Drinking Establishments – Accessory (Any establishment serving as an accessory use in a retail, office, or institutional building with a gross floor area of 5,000 square feet or more, provided the establishment has no separate entrance, the hours of operation correspond with those of the principal use and the total net public area of all such establishments within the building total to no more than 5 percent of the gross floor area, up to a maximum of 1,500 square feet);
3.
Horse training, boarding and stabling facilities and horse riding;
4.
Park and Recreation Facilities; and
5.
Utilities, Minor (Utility facilities that are necessary to support legally established uses and involve only minor structures such as electrical distribution lines, underground water and sewer lines);
c.
Uses Requiring a Conditional Use Permit. In the CR-NA district the following uses are permitted after the issuance of a conditional use permit:
1.
Accessory structures and uses;
2.
Clubs and lodges;
3.
Commercial recreation and entertainment (This classification includes cinemas, theaters, sports stadiums and arenas, amusement parks, bowling alleys, billiard parlors, pool rooms, dance halls, ice/roller skating rinks, golf courses, driving ranges, miniature golf courses, scale-model courses, tennis/racquetball courts, arcades or electronic games centers having three or more coin-operated game machines);
4.
Cultural Institutions;
5.
Eating and drinking establishments related to primary use;
6.
Golf-related Retail Sales;
7.
Heliports;
8.
Hotels, Motels, and Time-shares;
9.
Public Safety Facilities;
10.
RV Parks;
11.
Utilities, major (Generating plants, electrical substations, aboveground electrical transmission lines, lone switching buildings, refuse collection, transfer recycling or disposal facilities, water reservoirs, flood control or drainage facilities, water or wastewater treatment plants, transportation or communications utilities, and similar facilities of public agencies or public utilities. A structure that may have a significant effect on surrounding uses shall be regulated under this classification).
d.
Uses Requiring a Temporary Use Permit. The following uses, or uses determined to be similar by the Community Development Director, are permitted in the CR-NA District subject to the approval of a temporary use permit:
1.
Animal Shows (Exhibitions of domestic or large animals for a maximum of seven days);
2.
Assembly Uses;
3.
Circuses and carnivals (Provision of games, rides, eating and drinking, facilities, live entertainment, animal exhibitions, or similar activities for a maximum of seven days. This classification excludes events conducted in a permanent entertainment facility);
4.
Fairs and festivals (Provision of games, eating and drinking facilities, live entertainment, or similar activities not requiring the use of roofed structures and not exceeding 72 hours);
5.
Outdoor storage and display (Outdoor storage and display of merchandise, materials, or equipment for a maximum period of seventy-two (72) hours per quarter of a calendar year);
6.
Recreation and entertainment events (This classification includes sporting events and tournaments, contests and exhibitions, performing arts, and similar activities for a maximum of seven days. This classification excludes events conducted in a permanent entertainment facility); and
7.
Trade fairs (Display and sale of goods or equipment related to a specific trade or industry for a maximum period of five days).
e.
Lot Requirements. Minimum Lot Area; Minimum Lot Width; Minimum Lot Depth.
Minimum Lot Requirements | Commercial Recreation – Non Aquatic (CR-NA)1 |
|---|---|
Lot Area (in square feet) | N/A – Regulated by setbacks |
Lot Width | 25 |
Lot Depth | N/A |
Notes: | |
1. | Floor Area Ratio – No building shall exceed a FAR of 1.0 |
f.
Yard Requirements.
1.
Minimum Building Setback. Buildings in the CR-NA District shall not have required minimum building setbacks, except for the following instances:
Minimum Yard Requirements (in feet) | Commercial Recreation – Non Aquatics (CR-NA) |
|---|---|
Front Yard | N/A |
Rear Yard (abutting an R district) | 5 |
Rear Yard (abutting an alley) | 10 |
Aggregate Width of Side Yard (abutting an R District) | 5 |
Width of One Side | N/A |
2.
Accessory Uses in Rear Yards. An accessory building or accessory use may occupy not more than thirty percent (30%) of a required rear yard.
g.
Building Height.
Building Height Requirements (in feet) | Commercial Recreation – Non-Aquatic (CR-NA) |
|---|---|
Maximum Building Height | 50 feet |
Maximum Accessory Building Height: | N/A |
Special Height Requirements and Exceptions | See Section 9.1.1126 |
h.
Other Regulations.
1.
All commercial development within this zoning district must be consistent with the City of Oakley Commercial and Industrial Design Guidelines (See Appendix C of this chapter).
2.
Fences, walls, hedges, uncovered decks, landings, patios, platforms, porches and terraces and similar structures not more than 6 feet in height, may be located within any required side yard to the rear of the front setback or within any required rear yard other than those abutting an alley. Fences, walls, hedges, and accessory structures shall be limited to 3 feet in height above natural grade in all required front yard setback areas.
