Chapter 17.52 C-36 GATEWAY BOULEVARD SERVICE COMMERCIAL ZONE REGULATIONS

The provisions of this chapter shall be known as the C-36 gateway boulevard service commercial zone regulations. The C-36 zone is intended to create, preserve, and enhance areas with a variety of offices, travel accommodations, and related consumer and business service activities needing visually prominent and attractive locations and abundant vehicular access, and is typically appropriate along wide, landscaped major thoroughfares in areas identified as gateway and coliseum showcase districts of the land use and transportation element of the Oakland General Plan. These regulations shall apply in the C-36 zone. (Ord. 12076 § 3 (part), 1998: prior planning code § 4525)

17.52.040 Required design review process.

Except for projects that are exempt from design review as set forth in Section 17.136.025, no Local Register Property, Building Facility, Mixed Use Development, Telecommunications Facility, Sign, or other associated structure shall be constructed, established, or altered in exterior appearance, unless plans for the proposal have been approved pursuant to the design review procedure in Chapter 17.136, and when applicable, the Telecommunications regulations in Chapter 17.128, or the Sign regulations in Chapter 17.104. Findings for design review approval shall also be consistent with the Hegenberger Design Guidelines. (Ord. 12776 § 3, Exh. A (part), 2006: Ord. 12606 Att. A (part), 2004: Ord. 12076 § 3 (part), 1998: Ord. 11904 § 5.60 (part), 1996: prior planning code § 4527.1)

17.52.050 Permitted activities.

The following activities, as described in the use classifications at Chapter 17.10, are permitted:
Civic Activities:

Essential Service

Limited Child-Care

Community Assembly

Nonassembly Cultural

Administrative
Commercial Activities:

General Food Sales

Convenience Sales and Service

Medical Service

General Personal Service

General Retail Sales

Consultative and Financial Service

Administrative

Business and Communication Service

Retail Business Supply

Research Service

Transient Habitation
Nonresidential Facilities:

Enclosed

Signs: Special, Development, Realty, Civic, Business, and Advertising, on property owned by Alameda County-City of Oakland adjacent to Interstate Highway 880 and utilized by Oakland-Alameda County Coliseum Complex

Telecommunications Facilities: Mini and Micro
(Ord. 12076 § 3 (part), 1998: Ord. 11904 § 5.30 (part), 1996; prior planning code § 4528)

17.52.060 Conditionally permitted activities.

The following activities, as described in the use classifications in Chapter 17.10, may be permitted upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134:
Civic Activities:

Utility and Vehicular

Extensive Impact

Nonassembly Cultural
Commercial Activities:

Convenience Market

Fast-Food Restaurant

Alcoholic Beverage Sales

Mechanical or Electronic Games, subject to the provisions of Section 17.102.210C

General Wholesale Sales

Consumer Laundry and Repair Service

Construction Sales and Service

Health Care

Community Education

Community Assembly

Warehouse and Transportation, but limited to properties without frontage on Hegenberger Road

Group Assembly

Automotive Sales, Rental, and Delivery, but limited to properties without frontage on Hegenberger Road

Automotive Servicing

Transient Habitation, subject to the provisions of Section 17.102.370

Agricultural and Extractive Activities:

Crop and Animal Raising

Manufacturing Activities:

Custom, Light, and General, but limited to properties without frontage on Hegenberger Road
Off-street parking serving activities other than those listed above or in Section 17.52.050, subject to the conditions set forth in Section 17.102.100.
Additional activities which are permitted or conditionally permitted in an adjacent zone, on lots near the boundary thereof, subject to the conditions set forth in Section 17.102.110.
Additional activities not otherwise permitted or conditionally permitted if such activities are part of a Foreign Trade Zone as designated by the United States of America. (Ord. 12266 § 5 (part), 2000; Ord. 12076 § 3 (part), 1998: prior planning code § 4529)

17.52.070 Permitted facilities.

The following facilities, as described in the use classifications in Chapter 17.10, are permitted:
Nonresidential Facilities:

Enclosed
Signs:

Special

Development

Realty

Civic

Business

Advertising, on property owned by Alameda County-City of Oakland adjacent to Interstate Highway 880 and utilized by Oakland-Alameda County Coliseum Complex

Sidewalk Cafes, subject to the provisions of Section 17.102.335
(Ord. 12224 § 4 (part), 2000; Ord. 12076 § 3 (part), 1998: Ord. 11904 § 5.37 (part), 1996; prior planning code § 4530)

17.52.080 Conditionally permitted facilities.

The following facilities, as described in the use classifications in Chapter 17.10, may be permitted upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134:
Nonresidential Facilities:
Open
Drive-In
Drive-Through
(Ord. 12224 § 3 (part), 2000; Ord. 12076 § 3 (part), 1998: Ord. 11904 § 5.42 (part), 1996; prior planning code § 4531)

17.52.090 Special regulations applying to certain commercial activities.

A. Convenience Markets, Fast-Food Restaurants, and Certain Establishments Selling Alcoholic Beverages or Providing Mechanical or Electronic Games. See Section 17.102.210.
B. Automotive Servicing. Automotive Servicing Commercial Activities shall not involve open storage of goods or materials. All repair and lubrication performed by such activities shall take place in an enclosed building.
C. Existing Automotive Fee Parking Lots. Existing fee parking lots may be reconfigured to increase the number of parking spaces and make more efficient use of the existing parking area. Expansion of existing facilities to include structured parking or additional parcels constitutes an expansion of a nonconforming use and will not be permitted. (Ord. 12076 § 3 (part), 1998: prior planning code § 4533)

17.52.100 Special regulations applying to the demolition of a facility containing rooming units or to the conversion of a living unit to a nonresidential activity.

See Section 17.102.230. (Ord. 12076 § 3 (part), 1998: prior planning code § 5434)

17.52.110 Limitations on Signs.

A. General Limitations. All Signs shall be subject to the applicable limitations set forth in Section 17.104.020. (Ord. 12606 Att. A (part), 2004: Ord. 12076 § 3 (part), 1998: prior planning code § 4538)

17.52.120 Minimum lot area, width, and frontage.

Every lot shall have a minimum lot area of four thousand (4,000) square feet and a minimum lot width of twenty-five (25) feet, except as a lesser area or width is allowed by Section 17.106.010. Every lot shall have a minimum frontage of twenty-five (25) feet upon a street, except as this requirement is modified by Section 17.106.020. (Ord. 12076 § 3 (part), 1998: prior planning code § 4539)

17.52.140 Maximum floor-area ratio.

A. Permitted Floor-Area Ratio. The maximum permitted floor-area ratio is 2.50, except that this ratio may be exceeded by ten percent on any corner lot and may also be exceeded by ten percent on any lot which faces or abuts a public park at least as wide as the lot.
B. Conditionally Permitted Floor-Area Ratio. The floor-area ratio permitted by subsection A of this section may be increased by not to exceed fifty (50) percent upon the acquisition of development rights from nearby lots and the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134, subject to the provisions of Section 17.106.050. (Ord. 12076 § 3 (part), 1998: prior planning code § 4542)

17.52.150 Maximum height.

Except as provided in Chapter 17.128, no general maximum height is prescribed, except that the height of facilities shall be limited, as prescribed in Section 17.108.010, on lots lying along a boundary of any of certain other zones. But see Section 17.52.110 for maximum height of Signs, and Section 17.108.130 for maximum height of facilities within minimum yards and courts. (Ord. 12076 § 3 (part), 1998: Ord. 11904 § 5.53, 1996: prior planning code § 4544)

17.52.160 Minimum setback and yards.

The following minimum yards and courts shall be provided unobstructed except for the accessory structures or the other facilities allowed therein by Section 17.108.130. The minimum setback area required by subsection A of this section shall be unobstructed except for the kinds of facilities allowed in a front yard by Section 17.108.130. See also Section 17.52.180B.
A. Setback from Street. On every lot, the following minimum setback shall be provided from each street abutting the lot:

Right-of-Way Width of Abutting Street	Minimum Setback
100 feet or more (Hegenberger Road, 98th Avenue, Edgewater Drive)	20 feet
Less than 100 feet	10 feet

B. Front Yard. A front yard shall be provided, as prescribed in Section 17.108.040, in certain situations where part of the frontage on the same side of a block is in a residential zone.
C. Side Yard--Street Side of Corner Lot. A side yard shall be provided, as prescribed in Section 17.108.070, on the street side of a corner lot in certain situations where a lot to the rear of a corner lot is in a residential zone.
D. Side Yard--Interior Lot Line. A side yard shall be provided, as prescribed in Section 17.108.090, along an interior side lot line lying along a boundary of any of certain other zones.
E. Rear Yard. A rear yard shall be provided, as prescribed in Section 17.108.100, along a boundary of any of certain other zones. (Ord. 12076 § 3 (part), 1998: prior planning code § 4545)

17.52.180 Buffering and landscaping.

A. General Requirements. All uses shall be subject to the applicable requirements of the buffering regulations in Chapter 17.110 with respect to screening or location of parking, loading, and storage areas; control of artificial illumination; and other matters specified therein.
B. Landscaped Setback. The minimum setback area required by Section 17.52.160A shall, except for necessary driveways, walkways, and allowable Signs, be developed as open landscaped areas with lawn, ground cover, garden, shrubs, trees, or decorative paving materials, subject to the standards for required landscaping and screening in Chapter 17.124. (Ord. 12076 § 3 (part), 1998: prior planning code § 4547)

17.52.190 Special regulations for mini-lot and planned unit developments.

A. Mini-Lot Developments. In mini-lot developments, certain of the regulations otherwise applying to individual lots in the C-36 zone may be waived or modified when and as prescribed in Section 17.102.320.
B. Planned Unit Developments. Large integrated developments shall be subject to the planned unit development regulations in Chapter 17.122 if they exceed the sizes specified therein. In developments which are approved pursuant to such regulations, certain uses may be permitted in addition to those otherwise allowed in the C-36 zone, and certain of the other regulations applying in said zone may be waived or modified. (Ord. 12076 § 3 (part), 1998: prior planning code § 4548)

17.52.200 Other zoning provisions.

A. Parking and Loading. Off-street parking and loading shall be provided as prescribed in the off-street parking and loading requirements in Chapter 17.116.
B. Nonconforming Uses. Nonconforming uses and changes therein shall be subject to the nonconforming use regulations in Chapter 17.114.
C. General Provisions. The general exceptions and other regulations set forth in Chapter 17.102 shall apply in the C-36 zone.
D. Recycling Space Allocation Requirements. The regulations set forth in Chapter 17.118 shall apply in the C-36 zone. (Ord. 12076 § 3 (part), 1998: amended during 1997 codification; Ord. 11807 § 3 (part), 1995; prior planning code § 4549)

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