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. (Prior planning
code § 2200)
17.10.020 Definitions.
“Activity” means the performance of a function or
operation. “Facility” means a structure, open area, or other
physical contrivance or object. (Prior planning code § 2201)
17.10.030 Listing of activity classifications.
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 Semi-Transient Residential
Care Service-Enriched Permanent Housing Transitional
Housing Emergency Shelter B. Civic Activities: Essential
Service Limited Child-Care Community Assembly Community
Education Nonassembly Cultural Administrative Health
Care Utility and Vehicular Extensive
Impact Telecommunications C. Commercial Activities: General Food
Sales Convenience Market Fast-Food Restaurant Alcoholic Beverage
Sales Convenience Market Fast-Food Restaurant Alcoholic Beverage
Sales Convenience Sales and Service Mechanical or Electronic
Games Medical Service General Retail Sales General Personal
Service Consultative and Financial Service Consumer Laundry and Repair
Service Group Assembly Administrative Business and Communications
Service Retail Business Supply Research Service General Wholesale
Sales Transient Habitation Construction Sales and
Service Automotive Sales, Rental, and Delivery Automotive
Servicing Automotive Repair and Cleaning Automotive Fee
Parking 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 Crop and Animal Raising Mining and
Quarrying (Ord. 12899 § 5, Exh. A (part), 2008; Ord. 12138 § 4
(part), 1999; Ord. 12072 § 4, 1998; Ord. 11904 § 5.02, 1996; prior
planning code § 2210)
17.10.040 Accessory activities.
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, and K 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. (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 thereas 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 (75) percent 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 in any case 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 Manufacturing or Industrial Activity on the same lot, but only if such
office does not occupy more than fifty (50) percent 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 to the buyer’s custom order, of
goods produced by a principal Manufacturing or Industrial Activity engaged in by
the same firm 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 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. Car-sharing services and parking spaces are considered
accessory to all activities, as long as required parking space for that activity
is not taken by car-sharing trucks and automobiles. Car-sharing services are
considered accessory to all facility types, excepting: one-family dwellings,
one-family dwellings with secondary units, two-unit dwellings, and rooming
houses. (Ord. 12899 § 5, Exh. A (part), 2008; Ord. 12078 § 5 (part),
1998; prior planning code § 2211)
17.10.050 Classification of combinations of principal activities.
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; General Manufacturing or Heavy/ High
Impact Manufacturing, or Warehousing, Storage, and Distribution-Automotive
Salvage/Junk Yards Industrial Activities; or Crop and Animal Raising 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 Automotive Servicing Commercial
Activity. All principal activities conducted on the site of an Automotive
Servicing Commercial Activity shall be classified as Automotive 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. 12899 § 5,
Exh. A (part), 2008; prior planning code § 2213)
17.10.060 Listing of facility classifications.
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 One-Family Dwelling with Secondary Unit Two-Family
Dwelling Multifamily Dwelling Rooming House Mobile
Home B. Nonresidential
Facilities: Enclosed Open Drive-in C. Signs: Residential Special Development Realty Civic Business Advertising D. Telecommunications
Facilities: Micro Mini Macro Monopole Tower (Ord.
11904 § 5.03, 1996; prior planning code § 2220)
17.10.070 Accessory facilities.
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 thereas 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. (Prior planning code § 2221)
17.10.080 Classification of combinations of principal facilities.
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)
17.10.090 Classification of unlisted uses.
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)
Article II Activity Types Part 1 Residential Activity Types
17.10.100 General description of Residential Activities.
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, Service-Enriched Permanent Housing,
Transitional Housing and Emergency Shelter Residential Activities. They also
include certain activities accessory to the above, as specified in Section
17.10.040. (Ord. 12138 § 4 (part), 1999: prior planning code §
2250)
17.10.110 Permanent Residential Activities.
Permanent Residential Activities include the occupancy of living
accommodations on a weekly 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 or fewer residents including family foster
care homes. However, such residential care facilities shall be subject to the
three hundred (300) foot separation requirement in Section 17.102.212B. They
also include certain activities accessory to the above, as specified in Section
17.10.040. (Ord. 12138 § 4 (part), 1999: prior planning code §
2260)
17.10.112 Residential Care Residential Activities.
Residential Care Residential Activities include all residential care
facilities that require a state license or are state licensed for seven or more
residents which provide twenty-four (24) hour primarily nonmedical care and
supervision. Occupancy of living accommodations by six or fewer disabled
persons, elderly persons, or persons in need of support services for chemical
dependency recovery; or a family foster care home; or occupancy of any
facilities supervised by or under contract with the State Department of
Corrections, are excluded. They also include certain activities accessory to the
above, as specified in Section 17.10.040. State licensed residential care
facilities for six or fewer residents shall be treated as Permanent Residential
Activities except with regard to the three hundred (300) foot separation
requirement in Section 17.102.212(B). (Ord. 12138 § 4 (part),
1999)
Service-Enriched Permanent Housing Residential Activities include
permanent housing in which residents are tenants who live independently and have
access to various voluntary support services, such as, health, mental health,
education and employment/training services. These services may be provided
on-site and/or off-site. If support services are also offered on-site and
off-site residents, the support services component will be classified and
regulated as Community Education and/or Health Care Civic Activities. They also
include certain activities accessory to the above, as specified in Section
17.10.040. (Ord. 12138 § 4 (part), 1999)
Transitional Housing Residential Activities include all types of
“transitional housing programs” as defined by the state of
California, which are designed to assist persons in obtaining skills necessary
for independent living in permanent housing and which have all of the following
components: A. Support services programs that include regular individualized
case management services and may include alcohol and drug abuse counselling,
self-improvement education, employment and training assistance services, and
independent living skills development. B. Use of a living unit by a resident
in a structured living environment, which use is conditioned upon compliance
with the transitional housing program rules and regulations. C. A rule or
regulation which specifies an occupancy period of not less than thirty (30)
days, but not more than twenty-four (24) months. If support services are
also offered on-site to off-site residents, the support services component will
be classified and regulated as Community Education and/or Health Care Civic
Activities. They also include certain activities accessory to the above, as
specified in Section 17.10.040. (Ord. 12138 § 4 (part), 1999)
Emergency Shelter Residential Activities include the provision of short
term housing, partly on a less-than-weekly basis and partly for a longer period,
with or without a fee, to individuals who are homeless and who may require
special services. They also include certain activities accessory to the above,
as specified in Section 17.10.040. (Ord. 12138 § 4 (part), 1999)
17.10.120 Semi-Transient Residential Activities.
Semi-Transient Residential Activities include the occupancy of living
accommodations partly on a weekly or longer basis and partly for a shorter time
period, but with less than 30 percent of the living units under the same
ownership or management on the same lot being occupied on a less-than-weekly
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. They also include certain activities accessory
to the above, as specified in Section 17.10.040. (Prior planning code §
2261)
Part 2 Civic Activity Types
17.10.130 General Description of Civic Activities.
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. They also include
certain activities accessory to the above, as specified in Section 17.10.040.
(Prior planning code § 2300)
17.10.140 Essential Service Civic Activities.
Essential Service Civic Activities include the maintenance and operation
of the following installations. They also include certain activities accessory
thereto, as specified in Section 17.10.040. 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 and botanical gardens; C. Private
streets; D. Public polling places; E. Freeways, rapid transit routes,
streets, alleys, and paths, but excluding uses on, under, or over such ways
which uses are not customarily appurtenant thereto; F. Seasonal retail sales
conducted for a limited duration under valid license or lease on property owned
by the city; G. 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. (Ord. 12078 § 5 (part), 1998; prior planning code §
2310)
17.10.150 Limited Child-Care Activities.
Limited Child-Care Civic Activities include the provision of day-care
service for fourteen (14) or fewer children, provided, however, that care for
seven (7) or more children be provided only in facilities licensed by a state or
county agency. They also include certain activities accessory thereto, as
specified in Section 17.10.040. (Ord. 12776 § 3, Exh. A (part), 2006: prior
planning code § 2311)
17.10.170 Community Assembly Civic Activities.
Community Assembly Civic Activities include the activities typically
performed by, or at, the following institutions or installations. They also
include certain activities accessory thereto, as specified in Section
17.10.040. A. Churches, temples, and synagogues; B. Food service and
other concessions located within public parks; C. Public, parochial, and
private nonprofit clubs, lodges, meeting halls, and recreation
centers; D. Public and parochial playgrounds and playing
fields; E. Temporary nonprofit festivals; F. Basketball courts, tennis
courts, handball courts, lawn bowling, and similar outdoor park and recreational
facilities; G. Public, parochial, and private nonprofit
gymnasiums; H. Community swimming and wading pools, and other water play
features; I. Picnic areas. (Ord. 12078 § 5 (part), 1998; prior planning
code § 2314)
17.10.180 Community Education Civic Activities.
Community Education Civic Activities include the activities typically
performed by the following institutions. They also include certain activity
accessory thereto, as specified in Section 17.10.040. A. Public, parochial,
and private day-care centers for fifteen (15) or more children; B. Public,
parochial, and private nursery schools and kindergartens; C. Public,
parochial, 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 Service-Enriched Permanent Housing and
Transitional Housing Residential Activities. (Ord. 12776 § 3, Exh. A
(part), 2006: Ord. 12138 § 4 (part), 1999: prior planning code §
2316)
17.10.190 Nonassembly Cultural Civic Activities.
Nonassembly Cultural Civic Activities include the activities typically
performed by the following institutions. They also include certain activities
accessory thereto, as specified in Section 17.10.040. A. Public, parochial,
and private nonprofit museums and art galleries; B. Public, parochial, and
private nonprofit libraries, conservatories, and observatories. (Ord. 12078
§ 5 (part), 1998; prior planning code § 2317)
17.10.200 Administrative Civic Activities.
Administrative Civic Activities include the activities typically performed
by public, parochial, and public utility administrative offices. They also
include certain activities accessory to the above, as specified in Section
17.10.040. (Prior planning code § 2318)
17.10.220 Health Care Civic Activities.
Health Care Civic Activities include all activities which primarily
provide medical care and supervision other than those defined elsewhere in the
Zoning Regulations and are typically performed by the following institutions.
They also include certain activities accessory thereto, as specified in Section
17.10.040. A. Health clinics; B. Hospitals; C. Skilled nursing,
extended care, residential care (including facilities licensed for six or fewer
residents), 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
off-site residents in conjunction with Service-Enriched Permanent Housing and
Transitional Housing 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”. (Ord. 12138 § 4 (part), 1999: prior planning code §
2320)
17.10.225 Special Health Care Civic Activities.
Special Health Care Civic Activities include all activities defined by
Health Care Civic Activities in Section 17.10.220(F) 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. (Ord. 12450, § 3, 2002).
17.10.230 Utility and Vehicular Civic Activities.
Utility and Vehicular Civic Activities include the maintenance and
operation of the following installations. They also include certain activities
accessory thereto, as specified in Section 17.10.040. A. Communications
equipment installations and exchanges, but excluding Telecommunications
Activities specified in Section 17.10.250; B. Electrical
substations; C. Emergency hospitals operated by a public agency; D. Gas
substations; E. Neighborhood newscarrier distribution centers; F. Police
stations and fire stations; G. Post offices, but excluding major
mail-processing centers; H. Publicly operated off-street parking lots and
garages available to the general public either without charge or on a fee basis.
(Prior planning code § 2321)
17.10.240 Extensive Impact Civic Activities.
Extensive Impact Civic Activities include the activities typically
performed by, or the maintenance and operation of, the following institutions
and installations. They also include certain activities accessory thereto, as
specified in Section 17.10.040. A. Airports, heliports, and
helistops; B. Cemeteries, mausoleums, and columbariums; C. Colleges,
junior colleges, and universities, but excluding business 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; H. Golf
courses and driving ranges; I. Major mail-processing
centers; J. Military installations; K. Public and public utility
corporation or truck yards; L. Radio and television transmission
stations; M. Railroad and bus terminals; N. Railroad rights-of-way and
yards and bus storage areas; O. Reservoirs and water tanks; P. Sewage
disposal tanks; Q. Stadiums, sports arenas, auditoriums, and
bandstands; R. Truck terminals operated by a public
agency; S. Zoological gardens and wildlife
preserves; T. Campgrounds; U. Stormwater detention ponds and
facilities; V. Facilities supervised by or under contract with the State
Department of Corrections, including alternative sentencing and community work
release programs. (Ord. 12899 § 5, Exh. A (part), 2008; Ord. 12138 § 4
(part), 1999; Ord. 12078 § 5 (part), 1998; prior planning code §
2322)
17.10.250 Telecommunication Activities.
Telecommunication Activities include 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.
(Ord. 11904 § 5.05, 1996; prior planning code § 2323)
Part 3 Commercial Activity Types
17.10.260 General description of Commercial Activities.
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. They also include
certain activities accessory to the above, as specified in Section 17.10.040.
(Prior planning code § 2350)
17.10.270 General Food Sales Commercial Activities.
General Food Sales Commercial Activities include the retail sale, from the
premises, of food or beverages for home consumption, as well as the retail sale
of prepared food or beverages for on-premises consumption, but exclude the
activities described in Sections 17.10.280, 17.10.290, and 17.10.300. They also
include certain activities accessory to the above, as specified in Section
17.10.040. (Prior planning code § 2360)
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 and also exclude establishments which have a sizeable
assortment of fresh fruits and vegetables and fresh-cut meat. They also include
certain activities accessory to the above, as specified in Section 17.10.040.
(Prior planning code § 2361)
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: (A) a limited menu; (B) food is typically ordered and served at a
service counter; (C) food is paid for prior to consumption; (D) the facility in
which the activity/use is occurring provides a take-out counter space and space
for customer queuing. They also include certain activities accessory to the
above, as specified in Section 17.10.040. In those areas of the city subject
to the vehicular food vending pilot program ordinance, “vehicular food
vending” is not considered a “Fast-Food Restaurant Commercial
Activity” and is defined as follows: “Vehicular food
vending” is the sale of ready-to-consume prepared foods from trucks. The
use involves locating mobile catering trucks on private property on a
semi-permanent basis during hours of operation. Vehicular food vending generally
has the following characteristics: 1. Food is ordered and served from a
take-out counter that is integral to the catering truck; 2. Food is paid for
prior to consumption; 3. Catering trucks from which the food is sold
typically have a take-out counter and space for customer queuing;
and 4. Foods and beverages are served in disposable wrappers, plates or
containers. Within those areas of Oakland subject to the vehicular food
vending pilot program ordinance, and during such time that the pilot program is
in effect, vehicular food vending is regulated by Chapter 8.09 of this code.
(Ord. 12581, 2004: Ord. 12314 § 2, 2001: prior planning code §
2362)
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. They also include certain
activities accessory to the above, as specified in Section 17.10.040. (Prior
planning code § 2363)
17.10.310 Convenience Sales and Service Commercial Activities.
Convenience Sales and Service Commercial Activities include the retail
sale, from the premises, of drugs and other frequently needed small personal
convenience items such as toiletries, tobacco, and magazines, as well as the
provision of personal convenience services which are typically needed frequently
or recurrently, such as barber and beauty care; and include shoe shining and
operation of self-service laundromats and laundry or dry cleaning pick-up
stations but exclude other apparel cleaning and repair services. They also
include certain activities accessory to the above, as specified in Section
17.10.040. (Prior planning code § 2364)
17.10.320 Mechanical or Electronic Games Commercial Activities.
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 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. They also include certain activities accessory to the
above, as specified in Section 17.10.040. (Prior planning code §
2365)
17.10.330 Medical Service Commercial Activities.
Medical Service Commercial Activities include the provision of
therapeutic, preventive, or corrective personal treatment services by
physicians, dentists, 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. (Prior planning code
§ 2366)
17.10.340 General Retail Sales Commercial Activities.
General Retail Sales Commercial Activities Include the retail sale or
rental from the premesis, primarily for personal or household use, of goods
consisting primarily of items other than food and beverages and convenience
items described in Section 17.10.310; but exclude sale or rental of motor
vehicles, except for parts and accessories, and sale of materials used in
construction of buildings or other structures, except for paint, fixtures, and
hardware. They also exclude Large-Scale Combined Retail and Grocery Sales
Commercial Activity, as defined in Section 17.10.345. They also include certain
activities accessory to the above, as specified in Section 17.10.040. (Ord.
12776 § 3, Exh. A (part), 2006: Ord. 12547 § 3 (part), 2003; prior
planning code § 2367)
17.10.345 Large-Scale Combined Retail and Grocery Sales Commercial Activities
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
100,000 square feet, and which devote more than 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 includes certain activities accessory to the above, as specified
in Section 17.10.040. (Ord. 12547 § 3 (part), 2003)
17.10.350 General Personal Service Commercial Activities.
General Personal Service Commercial Activities include the provision to
individuals of informational, instructional, amusement, and similar services of
a nonprofessional nature which are not typically needed frequently, other than
the services classified as Civic Activities or described in Sections 17.10.320,
17.10.360, 17.10.380, and 17.10.440. They also include certain activities
accessory to the above, as specified in Section 17.10.040. (Prior planning code
§ 2368)
17.10.360 Consultative and Financial Service Commercial Activities.
Consultative and Financial Service Commercial Activities include the
provision of financial, insurance, and real estate brokerage services, as well
as the provision of advice, designs, information, or consultation of a
professional nature, other than the services classified as Civic Activities or
described in Sections 17.10.330, 17.10.400, and 17.10.420. They also include
certain activities accessory to the above, as specified in Section 17.10.040.
(Prior planning code § 2369)
17.10.365 Check Cashier and Check Cashing Activity.
Check cashier and check cashing activity includes: 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. A “check cashier” also includes 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
activity” does not include a state or federally chartered bank, savings
association, credit union, or industrial loan company. “Check
cashier” or “check cashing activity” also does not include a
retail seller engaged primarily in the business of selling consumer goods, such
as consumables to retail buyers, that cashes checks or issues money orders for a
minimum flat fee, not exceeding two dollars, as a service to its customers that
is incidental to its main purpose or business. They also include certain
activities accessory to the above, as specified in Section 17.10.040. (Ord.
12626 § 3, 2004)
17.10.370 Consumer Laundry and Repair Service Commercial Activities.
Consumer Laundry and Repair Service Commercial Activities include the
cleaning or repair of personal apparel and household appliances, furniture, and
similar items, other than the services listed in Section 17.10.310; but exclude
repair of motor vehicles and of structures. They also include certain activities
accessory to the above, as specified in Section 17.10.040. (Prior planning code
§ 2370)
17.10.380 Group Assembly Commercial Activities.
Group Assembly Commercial Activities include the provision of cultural,
entertainment, educational, and athletic services, other than those classified
as Civic Activities or described in Section 17.10.320, to assembled groups of
spectators or participants. They also include certain activities accessory to
the above, as specified in Section 17.10.040. (Prior planning code §
2371)
17.10.390 Administrative Commercial Activities.
Administrative Commercial Activities include the executive, management,
administrative, and clerical activities of private, profit-oriented firms, other
than public utility firms. They also include certain activities accessory to the
above, as specified in Section 17.10.040. (Prior planning code §
2372)
17.10.400 Business and Communication Service Commercial Activities.
Business and Communication Service Commercial Activities include the
provision, primarily to firms rather than to individuals, of services of a
clerical, goods brokerage, communication, or minor processing nature, including
multicopy and blueprinting services; but exclude printing of books, other than
pamphlets and small reports for another firm, and the storage of goods, other
than small samples, for sale. They also include certain activities accessory to
the above, as specified in Section 17.10.040. (Prior planning code §
2373)
17.10.410 Retail Business Supply Commercial Activities.
Retail Business Supply Commercial Activities include the retail sale or
rental from the premises, primarily to firms and other organizations using the
goods rather than to individuals, of office equipment and supplies and similar
goods, together with the provision of incidental maintenance services; but
exclude sale or rental of motor vehicles, except for parts and accessories, and
sale of materials used in construction of buildings or other structures, except
for paint, fixtures, and hardware. They also include certain activities
accessory to the above, as specified in Section 17.10.040. (Prior planning code
§ 2374)
17.10.420 Research Service Commercial Activities.
Research Service Commercial Activities include research of an industrial
or scientific nature, other than medical testing and analysis and routine
product testing, which is offered as a service or which is conducted by and for
a private profit-oriented firm, other than a public utility firm. They also
include certain activities accessory to the above, as specified in Section
17.10.040. (Prior planning code § 2375)
17.10.430 General Wholesale Sales Commercial Activities.
General Wholesale Sales Commercial Activities include the storage and
sale, from the premises, of goods to other firms for resale, as well as the
storage of goods on the premises and their transfer therefrom to retail outlets
of the same firm; 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, except for paint, fixtures, and hardware. They
also include certain activities accessory to the above, as specified in Section
17.10.040. (Prior planning code § 2378)
Transient Habitation Commercial Activities include the provision of
lodging services to transient guests on a less-than-weekly basis, other than in
the case of activities classified by Section 17.10.120 as Residential
Activities. They also include certain activities accessory to the above, as
specified in Section 17.10.040. (Prior planning code § 2379)
17.10.450 Construction Sales and Service Commercial Activities.
Construction Sales and Service Commercial Activities include construction
and incidental storage activities performed by construction contractors on lots
other than construction sites, as well as the retail or wholesale sale, from the
premises, of materials used in the construction of buildings or other
structures, other than paint, fixtures, and hardware. They also include certain
activities accessory to the above, as specified in Section 17.10.040. (Prior
planning code § 2380)
17.10.460 Automotive Sales, Rental, and Delivery Commercial Activities.
Automotive Sales, Rental, and Delivery Commercial Activities include the
retail or wholesale sale or rental, from the premises, of motor vehicles, with
incidental maintenance, as well as 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. They also
include certain activities accessory to the above, as specified in Section
17.10.040. (Prior planning code § 2381)
Automotive 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 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. They also include
certain activities accessory to the above, as specified in Section 17.10.040.
(Prior planning code § 2382)
17.10.480 Automotive Repair and Cleaning Commercial Activities.
Automotive Repair and Cleaning Commercial Activities include the major
repair or painting of motor vehicles, including body work and installation of
major accessories, as well as the washing and polishing of motor vehicles. They
also include certain activities accessory to the above, as specified in Section
17.10.040. (Prior planning code § 2383)
Automotive Fee Parking Commercial Activities include the parking and
storage of motor vehicles on a fee basis, other than the operation of parking
facilities by a Civic Activity. They also include certain activities accessory
to the above, as specified in Section 17.10.040. (Prior planning code §
2384)
17.10.510 Animal Care Commercial Activities.
Animal Care Commercial Activities include the provision of animal care,
treatment, and boarding services. They also include certain activities accessory
to the above, as specified in Section 17.10.040. (Prior planning code §
2388)
17.10.520 Undertaking Service Commercial Activities.
Undertaking Service Commercial Activities include the provision of
undertaking and funeral services involving the care and preparation of the human
dead prior to burial. They also include certain activities accessory to the
above, as specified in Section 17.10.040. (Prior planning code §
2389)
Part 4 Manufacturing Activity Types
17.10.540 General description of Industrial Activities.
Industrial Activities include the on-site production of goods by methods
other than agricultural and extractive in nature. They also include certain
activities accessory to the above, as specified in Section 17.10.040. (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.
They also include certain activities accessory thereto, as specified in Section
17.10.040. This classification includes, but is not limited to, the
production of: 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; Cameras and
photographic equipment; Custom sign making; Custom clothing; Custom
furniture building and refinishing; Professional, scientific, measuring, and
control instruments; Musical instruments; Medical, dental, optical, and
orthopedic instruments and appliances, and similar items; Handicraft, art
objects, and jewelry. (Ord. 12899 § 5, 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 thereto, as specified in Section
17.10.040. This classification includes, but is not limited to, the
production or assembly of: Production apparel manufacturing; Computer
and electronic products; Pharmaceutical products; 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 more
of floor area; Electrical equipment, appliances, and
components; Furniture and related products; Pharmaceutical
production; Sporting and athletic goods (Ord. 12899 § 5, Exh. A
(part), 2008; Ord. 12875 § 2 (part), 2008)
17.10.570 General Manufacturing Industrial Activities.
General Manufacturing Industrial Activities include 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 standards in Chapter 17.120, or any other federal,
State or local standards into the Light Manufacturing Industrial Activities
classification. They also include certain activities accessory thereto, as
specified in Section 17.10.040. The classification includes, but is not
limited to: Chemical manufacturing (except for the chemical products listed
under Heavy/High Impact Manufacturing); Glass manufacturing; Metal
foundries; Paper finishing; Pipe production facilities; Textile
mills; Tire retreading and recapping; Wood product
manufacturing. (Ord. 12899 § 5, Exh. A (part), 2008; Ord. 12875 § 2
(part), 2008)
Heavy/High Impact Manufacturing Industrial Activities include high impact
or hazardous manufacturing processes. They also include certain activities
accessory thereto, as specified in Section 17.10.040. This classification
includes, but is not limited to: Any manufacturing use with large-scale
facilities for outdoor oil and gas storage; 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
"bio-safety level 4"); Battery manufacturing and storage; Lime and
gypsum products manufacturing; Non-ferrous metals production, processing,
smelting and refining; Painting, coating and adhesive
manufacturing; Synthetic dye and pigment manufacturing; Urethane and
other open-cell foam product manufacturing; Petroleum and coal products
manufacturing and refining; Primary metal smelting; Vinegar, yeast and
other pungent, odor-causing items production; Leather tanning; Cement
and asphalt manufacturing; Explosives manufacturing; Fertilizer and
other agricultural chemical manufacturing. (Ord. 12899 § 5, Exh. A (part),
2008; Ord. 12875 § 2 (part), 2008)
17.10.581 Research and Development Industrial Activities.
Research and development activities include scientific research for the
design, development, engineering, and testing of high technology electronic,
industrial or scientific products in advance of full-scale manufacturing of
final products. The only manufacturing uses in this classification consist of
the creation of prototype products, plans, or designs for the primary purpose of
research, development. or evaluation, rather than sale. They also include
certain activities accessory thereto as specified in Section 17.10.040. This
classification excludes manufacturing uses, wholesale and storage uses, repair
and retail sales except as an accessory use as specified in Section 17.10.040;
this classification also excludes the on-site production of products for sale
and biotechnology laboratories approved for National Institute of Health
experiments using Risk Group 4 or Restricted Agents (commonly known as
“bio-safety level 4”) (Section 17.10.580 Heavy/High Impact
Manufacturing Activities). This classification includes, but is not limited
to biotechnology firms, “clean-tech”/energy, environmental,
electronic research firms. or pharmaceutical research laboratories. (Ord. 12875
§ 2 (part), 2008)
17.10.582 Construction Operations Industrial Activities.
Construction Operations 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. They also include certain activities
accessory thereto, 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. 12875 § 2 (part),
2008)
17.10.583 Warehousing, Storage, and Distribution Industrial Activities.
This classification includes five (5) subclassifications as described
below: A. General Warehousing, Storage and Distribution 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. This classification may
include on-site sale of goods and merchandise if the activity is accessory to
the above, as specified in Section 17.10.040. This classification includes,
but is not limited to, wholesale distributors of large furnishings, food
products and auto parts. B. General Outdoor Storage. Outdoor storage
activities includes principal outdoor storage of items for more than twenty-four
(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, or secondary sites for storage of
building materials that are not for resale on-site. C. Self- or Mini
Storage. Self- or mini storage consists 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 includes 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. Storage and
dismantling of vehicles and equipment for sale of parts. (Ord. 12875 § 2
(part), 2008)
Regional Freight Transportation Activities include the provision of
freight handling and shipping services by water and rail. They include the
inter- and intra-regional transportation of goods. They also include 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. 12875 § 2 (part), 2008)
17.10.585 Trucking and Truck-Related Industrial Activities.
Trucking and Truck-Related 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. They also include
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; or towing operations as an accessory activity to automotive repair and
cleaning. 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 that have gross vehicle weight ratings
greater than fourteen thousand (14,000) pounds, including 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
17.10.620). 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 that generally have gross vehicle weights greater than fourteen
thousand (14,000) pounds, including the sale, installation and servicing of
related equipment and parts. This classification includes 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 vehicle dismantling or salvage (See Salvage/Junk Yards. Section
17.10.610E). (Ord. 12875 § 2 (part), 2008)
17.10.586 Recycling and Waste-Related Industrial Activities.
Recycling and Waste-Related Activities include recycling collection,
intermediate processing, and other activities related to the storage and
processing of used and waste materials. 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 Latter
Reduction Act of 1986, which requires establishment of such centers in all
“Convenience Zones” in California, defined as the area within 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 collection centers may have
a combination of outdoor processing and storage. C. Intermediate Recycling
Processing Facility. An activity serving as a collection point for receiving,
processing, storage, and distribution of large quantities of recyclable
materials delivered from recycling collection centers or other sources.
Processing of most or all material typically occurs inside a building, using
mechanical and/or chemical processing equipment to alter the physical form of
incoming material. Processed materials may be stored in outdoor areas prior to
sale to manufacturers or other end users. Intermediate processing facilities do
not accept materials from but may sell goods to the public. This classification
does not include facilities that handle or process hazardous materials and solid
waste facilities and transfer stations. (Ord. 12875 § 2 (part),
2008)
17.10.587 Hazardous Materials Production, Storage and Waste Management Industrial Activities.
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
defined 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 includes tank farms and outdoor facilities for the
hulk storage and handling of fuel and lubricating oils, gasoline and natural
gas. (Ord. 12875 § 2 (part), 2008)
Part 5 Agricultural and Extractive Activity Types
17.10.590 General description of Agricultural and Extractive Activities.
Agricultural and Extractive Activities include the on-site production of
plant and animal products by agricultural methods, and of mineral products by
extractive methods. They also include certain activities accessory to the above,
as specified in Section 17.10.040. (Prior planning code § 2450)
17.10.600 Plant Nursery Agricultural Activities.
Plant Nursery Agricultural Activities include the cultivation for sale of
horticultural specialties such as flowers, shrubs, and trees, intended for
ornamental or landscaping purposes. They also include certain activities
accessory to the above, as specified in Section 17.10.040. (Prior planning code
§ 2460)
17.10.610 Crop and Animal Raising Agricultural Activities.
Crop and Animal Raising Agricultural Activities include the raising of
tree, vine, field, forage, and other plant crops, intended to provide food or
fibers, as well as keeping, grazing, or feeding of animals for animal products,
animal increase, or value increase. They also include certain activities
accessory to the above, as specified in Section 17.10.040. (Prior planning code
§ 2461)
17.10.620 Mining and Quarrying Extractive Activities.
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. They also include certain activities
accessory to the above, as specified in Section 17.10.040. (Prior planning code
§ 2462)
Article III Facility Types Part 1 Residential Facility Types
17.10.630 General description of Residential Facilities.
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 each of which contains one dwelling unit.
They also include certain facilities accessory to the above, as specified in
Section 17.10.070. (Prior planning code § 2560)
17.10.650 One-Family Dwelling with Secondary Unit Residential Facilities.
One-Family Dwelling with Secondary Unit Residential Facilities include
permanently fixed buildings, or those portions thereof, which accommodate or are
intended to accommodate Residential Activities, which contains one primary
dwelling unit and one secondary unit. They also include certain facilities
accessory to the above, as specified in Section 17.10.070. (Ord. 12199 § 3
(part), 2000: prior planning code § 2560.1)
Two-Family Dwelling Residential Facilities include permanently fixed
buildings, or those portions thereof, which accommodate or are intended to
accommodate Residential Activities and each of which contains two dwelling
units; but exclude the facilities described in Section 17.10.650. They also
include certain facilities accessory to the above, as specified in Section
17.10.070. (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 each of which contains three or more
dwelling units. They also include certain facilities accessory to the above, as
specified in Section 17.10.070. (Prior planning code § 2562)
17.10.690 Rooming House Residential Facilities.
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)
17.10.700 Mobile Home Residential Facilities.
Mobile Home Residential Facilities include vehicular facilities which
accommodate or are intended to accommodate Residential Activities and each of
which contains a living unit. 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)
17.10.705 HBX Live/Work Facilities.
HBX Live/Work Facilities include permanently fixed buildings, or those
portions thereof, that accommodate or are intended to accommodate one or more
HBX live/work units. (Ord. 12772 § 1 (part), 2006)
Part 2 Nonresidential Facility Types
17.10.710 General description of Nonresidential Facilities.
Nonresidential Facilities include principal facilities, or portions
thereof, which accommodate or are intended to accommodate Civic, Commercial,
Manufacturing, or Agricultural or Extractive Activities. They also include
certain facilities accessory to the above, as specified in Section 17.10.070.
(Prior planning code § 2600)
17.10.720 Enclosed Nonresidential Facilities.
Enclosed Nonresidential Facilities include principal buildings, other than
those described in Section 17.10.740, which accommodate or are intended to
accommodate Civic, Commercial, Manufacturing, 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. (Prior planning code § 2610)
17.10.730 Open Nonresidential Facilities.
Open Nonresidential Facilities include principal facilities, other than
those facilities described in Sections 17.10.740 (Drive-In Nonresidential), and
17.10.750 (Sidewalk Café) 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 § 5, Exh. A (part), 2008; prior planning
code § 2611)
17.10.740 Drive-In Nonresidential Facilities.
Drive-In Nonresidential Facilities include principal buildings, open
areas, and other facilities which accommodate or are intended to accommodate
Civic, Commercial, Manufacturing, 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. (Prior planning code § 2612)
17.10.750 Sidewalk cafe, facility.
A “sidewalk cafe” is either a General Food Sales Commercial,
Fast-Food restaurant or Alcoholic Beverage Sales Commercial Activity located on
private property with a dining area which encroaches within the sidewalk area of
the public right-of-way. Such dining area shall be defined by design elements
which separate the establishment from the remainder of the sidewalk. (Prior
planning code § 2613)
17.10.760 Shopping Center Facility.
A Shopping Center Facility is a complex of one or more retail buildings
and related facilities forming a central retail market within a given area and
having a common parking area. (Prior planning code § 2614)
A Drive-Through Nonresidential Facility is a vehicular access system
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 system consists of a vehicular stacking/queuing lane(s) and. one or
more service locations/windows. Drive-Through Facilities are intended to
accommodate Civic, Commercial, Manufacturing, Agriculture or Extractive
Activities. They also include certain other facilities accessory to the above as
specified in Section 17.10.070. (Prior planning code § 2615)
17.10.775 HBX Work/Live Facilities.
HBX Work/Live Facilities include permanently fixed buildings, or those
portions thereof, each of which contains HBX work/live units. They also include
certain facilities accessory to the above, as specified in Section 17.10.070.
(Ord. 12772 § 1 (part), 2006)
Part 3 Sign Types
17.10.780 General description of Signs.
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)
17.10.790 Residential Signs.
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)
17.10.800 Special Signs.
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)
17.10.810 Development Signs.
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 subdivision development, or which identify
persons or firms engaged in the promotion, design, construction, or alteration
thereof. (Prior planning code § 2662)
17.10.820 Realty Signs.
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)
17.10.830 Civic Signs.
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)
17.10.840 Business Signs.
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, Manufacturing, 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, Manufacturing, 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, Manufacturing, or
Agricultural or Extractive Activity. (Prior planning code § 2667)
17.10.850 Advertising Signs.
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, Manufacturing, 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. (Prior planning
code § 2668)
Part 4 Telecommunications Facility Types
17.10.860 General description of Telecommunications Facilities.
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)
17.10.870 Micro.
A Micro facility is an attached wireless communication facility consisting
of no more than six antennas that are concealed from view. If antennas are
visible they may not exceed three antennas and may be no more than thirty (30)
inches tall, thirteen (13) inches wide, and eight inches deep. The associated
equipment cabinets are not to exceed five feet high by three feet wide by three
feet deep if they are visible. (Ord. 12768 § 3 (part), 2006; Ord. 11904
§ 5.06 (part), 1996: prior planning code § 2710)
17.10.880 Mini.
A Mini 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 from
view, or no more than six feet in height and the cabinet footprint occupy an
area no more than fifty (50) square feet. Construction of a separate structure
to enclose the equipment serving the antennas is not allowed under the Mini
facility definition, unless that structure is either concealed from view or does
not exceed the foregoing dimensions of an equipment cabinet. (Ord. 12768 §
3 (part), 2006; Ord. 11904 § 5.06 (part), 1996: prior planning code §
2711)
17.10.890 Macro.
A Macro Facility is a wireless communication facility not included in the
definition of Micro Facilities, Mini Facilities, Monopoles or Lattice Towers.
(Ord. 11904 § 5.06 (part), 1996: prior planning code § 2712)
17.10.900 Monopole.
A Monopole 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. 11904 §
5.06 (part), 1996: prior planning code § 2713)
17.10.910 Tower.
A Tower 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. 11904 § 5.06 (part), 1996: prior planning code §
2714)