The provisions of this chapter shall be known as the C-52 old Oakland commercial zone regulations. The C-52 zone is intended to preserve and enhance an area of historically or architecturally valuable structures of moderate scale for office, retail, and other appropriate uses along streets oriented to pedestrian movement, and is appropriate to the older commercial section south of the core of the central district. These provisions shall apply in the C-52 zone. (Prior planning code § 4850)

Except for projects that are exempt from design review as set forth in Section 17.136.025, no Local Register Property, Residential 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. (Ord. 12776 § 3, Exh. A (part), 2006: Ord. 11904 § 5.60 (part), 1996: prior planning code § 4852.1)

The following activities, as described in the use classifications in Chapter 17.10, are permitted:
A. Residential Activities:

Permanent

Residential Care occupying a One-Family Dwelling Residential Facility

Semi-Transient
B. Civic Activities:

Essential Service

Limited Child-Care

Community Assembly

Community Education

Nonassembly Cultural

Administrative

Health Care

Telecommunications
C. Commercial Activities:

General Food Sales

Convenience Sales and Service

Medical Service

General Retail Sales

General Personal Service

Consultative and Financial Service

Group Assembly

Administrative

Retail Business Supply
(Ord. 12138 § 5 (part), 1999; Ord. 11904 § 5.32 (part), 1996; prior planning code § 4853)

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:
A. Residential Activities:

Residential Care, except when occupying a One-Family Dwelling Residential Facility

Service-Enriched Permanent Housing

Transitional Housing

Emergency Shelter
B. Civic Activities:

Utility and Vehicular

Extensive Impact
C. Commercial Activities:

Check Cashier and Check Cashing

Convenience Market

Alcoholic Beverage Sales

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

Consumer Laundry and Repair Service

Business and Communication Service

Research Service

General Wholesale Sales

Transient Habitation

Automotive Fee Parking
D. Manufacturing Activities:

Custom
(Ord. 12626 § 4 (part), 2004; Ord. 12138 § 5 (part), 1999; prior planning code § 4854)

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

One-Family Dwelling

Two-Family Dwelling

Multifamily Dwelling
B. Nonresidential Facilities:

Enclosed
C. Signs:

Residential

Special

Development

Realty

Civic

Business

Sidewalk Cafes, subject to the provisions of Section 17.102.335
D. Telecommunications Facilities:

Micro, except as provided in Chapter 17.128 and Section 17.134.020(A) (23)

Mini, except as provided in Chapter 17.128 and Section 17.134.020(A) (23)
(Ord. 12224 § 4 (part), 2000; Ord. 11904 § 5.36 (part), 1996; prior planning code § 4855)

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:
A. Residential Facilities:

Rooming House
B. Nonresidential Facilities:

Open
C. Off-Street Parking Facilities serving fifty (50) or more vehicles.
D. Telecommunications Facilities:

Macro

Monopole
(Ord. 12224 § 3 (part), 2000; Ord. 11904 § 5.43, 1996; prior planning code § 4856)

See Section 17.102.210. (Prior planning code § 4858)

See Section 17.102.230. (Prior planning code § 4859)

A conditional use permit for any use under Section 17.60.060 or 17.60.080 may be granted only upon determination that the proposal conforms to the general use permit criteria set forth in the conditional use permit procedure in Chapter 17.134 and to all of the following use permit criteria:
A. That the proposal will not detract from the special character desired for the area;
B. That the proposal will not impair a generally continuous wall of building facades nor introduce design elements which interrupt basic continuity of existing retail frontages;
C. That the proposal will not interfere with the movement of people along an important pedestrian street;
D. That the amount of off-street parking, if any, will not contribute significantly to an increased orientation of the area to automobile movement.
See also Section 17.102.210. (Prior planning code § 4861)

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: Prior planning code § 4863)

Every lot containing a Residential Facility 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. No minimum lot area or width is prescribed for any lot which does not contain a Residential Facility. 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. (Prior planning code § 4864)

Residential uses shall be subject to the same maximum density and other related regulations as are set forth in Section 17.30.140 for the R-80 zone. (Ord. 12776 § 3, Exh. A (part), 2006: prior planning code § 4865)

Except as a greater height is allowed by Section 17.108.030 and except as provided in Chapter 17.128, the maximum height of buildings and other facilities shall be fifty (50) feet. However, the height of facilities shall be further limited, as applicable, by the provisions of Section 17.108.010 on lots lying along a boundary of the R-10, R-20, R-30, R-35, R-40, or R-50 zone. See Section 17.60.120 for maximum height of Signs, and Section 17.108.130 for
maximum height of facilities within minimum yards and courts. (Ord. 11904 § 5.57, 1996: prior planning code § 4869)

No yards or courts are generally required except as indicated below. 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:
A. 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.
B. 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 the corner lot is in a residential zone.
C. Side Yard--Interior Lot Line.
1. A side yard shall be provided along an interior side lot line, when and as prescribed in Section 17.108.080, for Residential Facilities.
2. 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.
D. Rear Yard.
1. A rear yard with a minimum depth of fifteen (15) feet shall be provided for all Residential Facilities, except as a lesser depth is allowed by Section 17.108.110.
2. A rear yard shall be provided, as prescribed in Section 17.108.100, along a boundary of any of certain other zones.
E. Courts. On each lot containing a Residential Facility, courts shall be provided when and as required by Section 17.108.120. (Prior planning code § 4870)

Usable open space shall be provided for Residential Facilities in accordance with the same requirements as are set forth in Section 17.30.180 for the R-80 zone. (Prior planning code § 4871)

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. (Prior planning code § 4872)

A. Mini-lot Developments. In mini-lot developments, certain of the regulations otherwise applying to individual lots in the C-52 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 said regulations, certain uses may be permitted in addition to those otherwise allowed in the C-52 zone, and certain of the other regulations applying in said zone may be waived or modified. (Prior planning code § 4873)

A. Home Occupations. Home occupations shall be subject to the applicable provisions of the home occupation regulations in Chapter 17.112.
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-52 zone.
D. Recycling Space Allocation Requirements. The regulations set forth in Chapter 17.118 shall apply in the C-52 zone. (Amended during 1997 codification; Ord. 11807 § 3 (part), 1995; prior planning code § 4874)