Title 17 PLANNING
Chapter 17.65 HBX HOUSING AND BUSINESS MIX COMMERCIAL ZONE REGULATIONS
17.65.010 Title, purpose, and applicability.
17.65.020 Required design review process.
17.65.030 Permitted and conditionally permitted activities.
17.65.040 Permitted and conditionally permitted facilities.
17.65.050 Special regulations for self storage facilities.
17.65.060 Minimum lot area width and frontage.
17.65.070 Maximum density.
17.65.080 Maximum floor area ratio.
17.65.090 Maximum density and floor-area ratio for mixed use projects.
17.65.100 Maximum height.
17.65.110 Different maximum floor area ratio and height regulations in special situations.
17.65.120 Minimum yards and courts.
17.65.130 Minimum usable open space.
17.65.140 Landscaping, paving, and buffering.
17.65.150 Outdoor storage.
17.65.160 Special regulations for HBX Work/Live Facilities.
17.65.170 Special regulations for HBX Live/Work Facilities.
17.65.180 Special regulations for mini-lot and planned unit developments.
17.65.190 Other zoning provisions.
17.65.010 Title, purpose, and applicability.
The provisions of this chapter shall be known as the Housing and Business
Mix Commercial Zones Regulations. This chapter establishes land use regulations
for the HBX-1, HBX-2 and HBX-3 zones. The purposes of the Housing and Business
Mix zones are to:
Allow for mixed use districts that recognize both
residential and business activities.
Establish development standards that
allow residential and business activities to compatibly co-exist.
Provide a
transition between industrial areas and residential neighborhoods.
Encourage
development that respects environmental quality and historic patterns of
development.
Foster a variety of small. entrepreneurial. and flexible
home-based businesses.
Housing and Business Mix 1 (HBX-1) Zone. The HBX-l
zone is intended to provide development standards that provide for the
compatible coexistence of industrial and heavy commercial activities and medium
density residential development. This zone recognizes the equal importance of
housing and business.
Housing and Business Mix 2 (HBX-2) Zone. The HBX-2
zone is intended to provide development standards for areas that have a mix of
industrial, certain commercial and medium to high density resi-dential
development. This zone recognizes the equal importance of housing and
business.
Housing and Business Mix 3 (HBX-3) Zone. The HBX-2 zone is
intended to provide development standards for areas that have a mix of
industrial, heavy commercial and higher density residential development. This
zone is intended to promote housing with a strong presence of commercial and
industrial activities. (Ord. 12772 § 1 (part), 2006)
17.65.020 Required design review process.
A. Except for projects that are exempt from design review as set forth in
Section 17.136.025, no Building Facility, 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.
B. Conformance to the “HBX Design Guidelines
Manual” is required for any change to the exterior of a building that
requires a building permit in the HBX-1, HBX-2 and HBX-3 zones.
C. Where
there is a conflict between the design review criteria contained in Section
17.136.070 and the design objectives contained in the “HBX Design
Guidelines Manual”* the design objectives in the “HBX Design
Guidelines Manual” shall prevail. (Ord. 12776 § 3, Exh. A (part),
2006: Ord. 12772 § 1 (part), 2006)
* Editor’s Note.-- The “HBX Design Guidelines
Manual,” referred to in this chapter, is incorporated by reference as if
fully set forth herein by Section 2 of Ordinance 12772. A copy of this manual is
kept on file in the Oakland City Hall.
17.65.030 Permitted and conditionally permitted activities.
The following table lists the permitted, conditionally permitted, and
prohibited activities in the HBX-1, HBX-2 and HBX-3 zones. The descriptions of
these activities are contained in Chapter 17.10. A legally constructed facility
shall be allowed to contain or be converted to contain any activities listed as
permitted in the table below if they meet all applicable
regulations.
“P” designates permitted activities in the
corresponding zone.
“C” designates activities that are
permitted only upon the granting of a conditional use permit (See Chapter
17.134) in the corresponding zone.
“L” designates
activities subject to certain limitations listed at the bottom of the
table.
“--” designates uses that are prohibited in the
corresponding zone.
|
Activity
|
Regulations
|
Additional Regulations
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HBX-1
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HBX-2
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HBX-3
|
|
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Residential Activities
|
|
|
|
|
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Permanent Residential
|
P
|
P
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P
|
|
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Residential Care occupying a One-Family Dwelling Residential Facility
|
P
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P
|
P
|
17.102.212
|
|
Residential Care not occupying a One-Family Dwelling Residential
Facility
|
C
|
C
|
C
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17.102.212
|
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Service-Enriched Permanent Housing
|
C
|
C
|
C
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17.102.212
|
|
Transitional Housing
|
C
|
C
|
C
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17.102.212
|
|
Emergency Shelter
|
C
|
C
|
C
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17.102.212
|
|
Semi-Transient Residential
|
C
|
C
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C
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17.102.212
|
|
Civic Activities
|
|
|
|
|
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Essential Service
|
C
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C
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C
|
|
|
Limited Child-Care
|
P
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P
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P
|
|
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Community Assembly
|
P(L1)
|
P(L1)
|
P(L1)
|
|
|
Community Education
|
C
|
C
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C
|
|
|
Nonassembly Cultural
|
P(L2)
|
P(L2)
|
P(L2)
|
|
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Administrative
|
P(L2)
|
P(L2)
|
P(L2)
|
|
|
Health Care
|
C
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C
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C
|
|
|
Special Health Care
|
C
|
C
|
C
|
17.102.410
|
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Utility and Vehicular
|
C
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C
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C
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|
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Extensive Impact
|
C
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C
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C
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|
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Telecommunications
|
P
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P
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P
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17.128
|
|
Commercial Activities
|
|
|
|
|
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General Food Sales
|
P(L3)
|
P(L3)
|
P(L3)
|
|
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Convenience Market
|
C
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C
|
C
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17.102.210
|
|
Fast-Food Restaurant
|
--
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--
|
--
|
|
|
Alcoholic Beverage Sales
|
C
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C
|
C
|
17.102.210
|
|
Convenience Sales and Service
|
P
|
P
|
P
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|
|
Mechanical or Electronic Games
|
C
|
C
|
C
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17.102.210
|
|
Medical Service
|
P(L2)
|
P(L2)
|
P(L2)
|
|
|
General Retail Sales
|
P
|
P
|
P
|
|
|
Large-Scale Combined Retail and Grocery Sales
|
--
|
--
|
--
|
|
|
General Personal Service
|
P
|
P
|
P
|
|
|
Consultative and Financial Service
|
P(L2)
|
P(L2)
|
P(L2)
|
|
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Check Cashier and Check Cashing
|
--
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--
|
--
|
|
|
Consumer Laundry and Repair Service
|
C
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C
|
C
|
|
|
Group Assembly
|
C
|
C
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C
|
|
|
Administrative
|
P(L2)
|
P(L2)
|
P(L2)
|
|
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Business and Communication Service
|
P
|
P
|
P
|
|
|
Retail Business Supply
|
P
|
P
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P
|
|
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Research Service
|
P(L2) (L4)
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P(L2) (L4)
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P(L2) (L4)
|
|
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General Wholesale Sales
|
P(L2)
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P(L2)
|
P(L2)
|
|
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Transient Habitation
|
--
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--
|
--
|
17.102.370
|
|
Construction Sales and Service
|
P(L5)
|
P(L5)
|
P(L5)
|
|
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Automotive Sales, Rental and Delivery
|
--
|
--
|
--
|
|
|
Automotive Servicing
|
--(L6)
|
--
|
--
|
|
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Automotive Repair and Cleaning
|
--(L6)
|
--
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--
|
|
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Automotive Fee Parking
|
--
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--
|
--
|
|
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Transport and Warehousing
|
P(L7)
|
P(L7)
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P(L7)
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|
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Animal Care
|
C(L8)
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C(L8)
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C(L8)
|
|
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Undertaking Service
|
--
|
--
|
--
|
|
|
Scrap Operation
|
--
|
--
|
--
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17.102.210
|
|
Manufacturing Activities
|
|
|
|
|
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Custom Manufacturing
|
P(L2)
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P(L2)
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P(L2)
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17.120
|
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Light Manufacturing
|
P(L2) (L4)
|
P(L2) (L4)
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P(L2) (L4)
|
17.120
|
|
General Manufacturing
|
--
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--
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--
|
|
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Heavy Manufacturing
|
--
|
--
|
--
|
|
|
Small Scale Transfer and Storage Hazardous Waste Management
|
--
|
--
|
--
|
|
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Industrial Transfer/Storage Hazardous Waste Management
|
--
|
--
|
--
|
|
|
Residuals Repositories Hazardous Waste Management
|
--
|
--
|
--
|
|
|
Agricultural and Extractive Activities
|
|
|
|
|
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Plant Nursery
|
C
|
C
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C
|
|
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Crop and Animal Raising
|
--
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--
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--
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|
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Mining and Quarrying Extractive
|
--
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--
|
--
|
|
|
Accessory off-street parking serving prohibited activities
|
C
|
C
|
C
|
17.102.110
|
Limitations:
L1--The total floor area devoted to these activities by a single
establishment shall only exceed ten thousand (10,000) square feet upon the
granting of a conditional use permit (see Chapter 17.134).
L2--The total floor area devoted to these activities by a single
establishment shall only exceed twenty-five thousand (25,000) square feet upon
the granting of a conditional use permit (see Chapter 17.134).
L3--The total floor area devoted to a grocery store shall only exceed
twenty-five thousand (25,000) square feet upon the granting of a conditional use
permit (see Chapter 17.134). The total floor area devoted to a restaurant shall
only exceed three thousand (3,000) square feet upon the granting of a
conditional use permit (see Chapter 17.134).
L4--Not including accessory activities, this activity shall take place
entirely within an enclosed building. Other outdoor activities shall only be
permitted upon the granting of a conditional use permit (see Chapter
17.134).
L5--This activity is only permitted upon the granting of a conditional use
permit (see Chapter 17.134) if it is the principal activity on a lot that is
twenty-five thousand (25,000) square feet or larger or covers twenty-five
thousand (25,000) square feet or more of lot area.
L6--Except on Lowell Street, a nonconforming Automotive Servicing or
Automotive Repair and Cleaning Commercial Activity in the HBX-1 zone may be
extended, and the facilities accommodating or serving such activity may be
altered or otherwise changed upon the granting of a conditional use permit (see
Chapter 17.134) and approval pursuant to the regular design review procedure
(see Chapter 17.136). This conditional use permit and regular design review
approval may be granted only upon determination that the proposal is adequately
buffered from the street and surrounding residential activities through
landscaping and fencing. See 17.114 for general regulations regarding
nonconforming uses.
L7--Warehousing is permitted if the total floor area by a single
establishment does not exceed twenty-five thousand (25,000) square feet. Floor
areas over twenty-five thousand (25,000) square feet are only permitted upon the
granting of a conditional use permit (see Chapter 17.134). Outdoor storage as a
principal activity is only permitted upon the granting of a conditional use
permit (see Chapter 17.134). Container storage, oil and gas storage, freight
terminals, corporation yards, truck terminals, and truck services as primary
activities are not permitted. Also, see Section 17.65.050 for special
regulations regarding self storage establishments.
L8--Dog or cat kennels are not permitted. (Ord. 12776 § 3, Exh. A
(part), 2006: Ord. 12772 § 1 (part), 2006)
17.65.040 Permitted and conditionally permitted facilities.
The following table lists special regulations re-lating to certain
facilities. The descriptions of these facilities are contained in Chapter
17.10.
“P” indicates that the facility is permitted in
the corresponding zone.
“C” indicates that the facility
is only permitted upon the granting of a conditional use permit (See Chapter
17.134) in the corresponding zone.
“--” designates uses
that are prohibited in the corresponding zone.
|
Facility Types
|
Zone
|
|
|
HBX-1
|
HBX-2
|
HBX-3
|
Additional Regulations
|
|
Residential Facilities
|
|
|
|
|
|
One-Family Dwellings
|
P
|
P
|
P
|
|
|
One-Family Dwelling with Secondary Unit
|
P
|
P
|
P
|
17.102.360
|
|
Two-Family Dwelling
|
P
|
P
|
P
|
|
|
Multifamily Dwelling
|
P
|
P
|
P
|
|
|
Rooming House
|
P
|
P
|
P
|
|
|
Mobile Home
|
--
|
--
|
--
|
|
|
HBX Live/Work Facility
|
P
|
P
|
P
|
17.65.170
|
|
Nonresidential Facilities
|
|
|
|
|
|
Enclosed Nonresidential
|
P
|
P
|
P
|
|
|
Open Nonresidential
|
C
|
C
|
C
|
|
|
Sidewalk Café
|
P
|
P
|
P
|
17.102.335
|
|
Drive-In Nonresidential
|
P
|
P
|
P
|
|
|
Drive-Through Nonresidential
|
C
|
C
|
C
|
17.102.290
|
|
Shopping Center Facility
|
--
|
--
|
--
|
|
|
HBX Live/Work Facility
|
P
|
P
|
P
|
17.65.160
|
|
Telecommunications Facilities
|
|
|
|
|
|
Micro Telecommunications
|
P
|
P
|
P
|
17.128
|
|
Mini Telecommunications
|
P
|
P
|
P
|
17.128
|
|
Macro Telecommunications
|
C
|
C
|
C
|
17.128
|
|
Monopole Telecommunications
|
C
|
C
|
C
|
17.128
|
|
Tower Telecommunications
|
--
|
--
|
--
|
|
|
Sign Facilities
|
|
|
|
|
|
Residential Signs
|
P
|
P
|
P
|
|
|
Special Signs
|
P
|
P
|
P
|
|
|
Development Signs
|
P
|
P
|
P
|
|
|
Realty Signs
|
P
|
P
|
P
|
|
|
Civic Signs
|
P
|
P
|
P
|
|
|
Business Signs
|
P
|
P
|
P
|
|
|
Advertising Signs
|
--
|
--
|
--
|
|
(Ord. 12772 § 1 (part), 2006)
17.65.050 Special regulations for self storage facilities.
A. For the purposes of this chapter a “self storage
establishment” means an establishment that provides storage in small
individual spaces that are exclusively and directly accessible to a specific
tenant, offered on a monthly or other limited basis, and available to the
general public. Generally, the individual storage spaces are four hundred (400)
square feet or less.
B. No more than twenty (20) percent of the total floor
area on a lot shall be occupied by self storage establishments.
C. No
project that includes a self storage establishment shall have any floor area
devoted to self storage within twenty (20) feet of the building
frontage.
D. Projects that include self storage establishments shall have a
minimum fifty (50) percent of lot frontage occupied by Convenience Sales and
Service, General Food Sales, General Retail Sales, and/or General Personal
Service Commercial Activities on the ground floor. These ground floor activities
shall not be directly associated with the self storage establishment at the
site.(Ord. 12772 § 1 (part), 2006)
17.65.060 Minimum lot area width and frontage.
The following table contains the minimum lot area, width. and frontage
requirements for the zones in this chapter.
|
Standard
|
Zone
|
|
HBX-1
|
HBX-2
|
HBX-3
|
|
Minimum lot area
|
4,000 sf
|
4,000 sf
|
4,000 sf
|
|
Minimum lot width
|
35 ft
|
35 ft
|
35 ft
|
|
Minimum lot frontage
|
35 ft
|
35 ft
|
35 ft
|
Note:
See Sections 17.106.010 and 17.106.020 for exceptions to lot area, width
and street frontage regulations. Lots that do not meet the standards described
above may be developed if they meet the requirements described in Subsection
17.106.010A and all other applicable requirements.
(Ord. 12772 § 1
(part), 2006)
17.65.070 Maximum density.
The following table contains the maximum number of residential units
allowed per lot for the zones in this chapter.
|
Zone
|
|
HBX-1
|
HBX-2
|
HBX-3
|
|
1,000 sf of lot area per unit
|
930 sf of lot area per unit
|
730 sf of lot area per unit
|
Notes:
1. See (1) Chapter 102.360 for regulations regarding secondary units; (2)
Chapter 17.107 for affordable housing density incentives; and (3) Section
17.106.060 for increased density for senior housing.
2. New construction on a vacant lot that is greater than five thousand
(5,000) square feet shall only result in a total of one unit on the lot upon the
granting of a conditional use permit (see 17.134) in the HBX-2 and HBX-3 zones.
This requirement does not apply to the expansion of the floor area or other
alteration of an existing Single Family Dwelling.
3. See Section 17.65.090 for how to calculate density in mixed use
projects.
(Ord. 12772 § 1 (part), 2006)
17.65.080 Maximum floor area ratio.
A. The following table contains the maximum floor area ratios (FARs) for
all structures for the zones in this chapter.
|
Standard
|
Zone
|
|
HBX-1
|
HBX-2
|
HBX-3
|
|
When lot is abutting street right-of-way less than 80 ft.
wide
|
|
Maximum FAR
|
1.75
|
2.6
|
2.6
|
|
When lot is abutting street right-of-way 80 ft. wide or
more
|
|
Maximum FAR
|
1.75
|
3.4
|
3.4
|
Notes:
1. Under no circumstances shall a project exceed these FARs for all
structures or the nonresidential FARs listed in subsection B.
2. See Section 17.65.110 for situations when exceeding the maximum FAR may
be permitted.
3. See Section 17.65.090 for how to calculate FAR in mixed use
projects.
B. The following table contains the maximum floor area ratios (FARs)
for nonresidential facilities for the zones in this chapter.
|
Standard
|
Zone
|
|
HBX-1
|
HBX-2
|
HBX-3
|
|
Nonresidential FAR
|
1.75
|
3.0
|
1.0
|
Notes:
1. Under no circumstances shall a project exceed the nonresidential FAR
listed in this table or the FAR for all structures in subsection A.
2. See Section 17.65.090 for how to calculate FAR in mixed use
projects.
(Ord. 12772 § 1 (part), 2006)
17.65.090 Maximum density and floor-area ratio for mixed use projects.
A. This section shall only apply to the following two types of mixed use
projects:
1. Projects that have at least twenty (20) percent of its total
floor area devoted to nonresidential facilities or
2. Projects
that:
a. Are on lots that are fifty (50) feet wide or less and
b. Have a
minimum fifty (50) percent of lot frontage occupied by Ground Floor Convenience
Sales and Service, General Food Sales, General Retail Sales, and/or General
Personal Service Commercial Activities. This commercial floor area must be at
least twenty (20) feet deep measured from the building frontage and be within an
enclosed building. Projects on through lots require this minimum fifty (50)
percent on only the longest lot frontage to qualify as a mixed use project for
this section.
B. For projects described in subsection A, the maximum number
of units permitted on a lot shall not be affected by the nonresidential floor
area provided on the same lot. Conversely, for these projects the maximum floor
area allowed on a lot shall not be affected by the number of living units
provided on the same lot. For projects described in subsection A, this
subsection supercedes the requirements in Section 17.106.030.
C. Section
17.106.030 describes how to calculate density and floor area ratio for mixed use
projects not included in subsection A. (Ord. 12772 § 1 (part),
2006)
17.65.100 Maximum height.
The following table contains the maximum heights for the zones in this
chapter.
|
Standard
|
Zone
|
|
HBX-1
|
HBX-2
|
HBX-3
|
|
Maximum height
|
30 ft.
|
45 ft. when the lot abuts a street right of way that is less than 80 ft.
wide; 55 ft. when the lot abuts a street right of way that is 80 ft. wide or
more.
|
55 ft.
|
Notes:
1. Buildings shall have a thirty (30) foot maximum height at the setback
line associated with any rear or interior side lot line that abut a lot in the
R-1 through R-50 zones. This maximum height shall increase one foot for every
foot of distance from this setback line. Also, see Section 17.108.030 for
allowed projections above height limits and Section 17.108.020 for increased
height limits for civic buildings.
2. See Section 17.65.110 for situations when exceeding these maximum
heights may be permitted.
(Ord. 12772 § 1 (part), 2006)
17.65.110 Different maximum floor area ratio and height regulations in special situations.
A. Structures in the following locations may be constructed to a maximum
height of eighty-five (85) feet:
1. Anywhere on a lot that both: (a) abuts a
street right of way that is wider than eighty (80) feet and (b) is twenty-five
thousand (25,000) square feet or more; or
2. On lots adjacent to, or
directly across the street from, a freeway right of way. On these lots, only the
one hundred twenty-five (125) feet of the lot closest to the freeway are
eligible for the eighty-five (85) foot maximum height.
B. For lots eligible
for additional height under location 2 in subsection A, above, any floor area
above the generally prescribed maximum height listed in Section 17.65.100 shall
not be counted towards the maximum floor area ratio for all structures listed in
Subsection 17.65.080A. However, any nonresidential floor area shall be counted
towards the maximum nonresidential floor area ratio listed in Subsection
17.65.080B.
C. Any structure greater than the maximum FAR and height listed
in Section 17.65.080 and Section 17.65.100, respectively, is permitted only upon
approval pursuant to the regular design review procedure (see Chapter 17.136)
and in conformance with the “Design Guidelines for the HBX zones” as
a whole. In particular, the project shall conform to Guideline 4.6 of that
document. (Ord. 12776 § 3, Exh. A (part), 2006: Ord. 12772 § 1 (part),
2006)
17.65.120 Minimum yards and courts.
A. Minimum yards shall be consistent with the “Design Guidelines for
the HBX zones” as adopted by the City Council.
B. A minimum ten foot
rear yard depth is required when a rear lot line abuts any portion of a lot in a
residential zone. Also, see Section 17.108.110 for reduced required rear yard
depth next to an alley.
C. See Section 17.108.080 for the required interior
side yard width on a lot containing two or more living units and opposite a
legally required living room window.
D. When the rear yard of a reversed
corner lot abuts a key lot that is in a residential zone, the required street
side yard width of the reversed corner lot is one-half of the minimum front yard
depth required on the key lot (see illustration 1-12a).
E. Courts. On each
lot containing a residential facility, courts shall be provided when and as
required by Section 17.108.120. (Ord. 12772 § 1 (part), 2006)
17.65.130 Minimum usable open space.
The following table contains the minimum usable open space requirements
per dwelling unit for the zones in this chapter.
|
Zone
|
|
HBX-1
|
HBX-2
|
HBX-3
|
|
200 sf/unit
|
150 sf/unit
|
150 sf/unit
|
Note:
Usable open space is only required on lots with two units or more, and not
required for single family homes with secondary units. Each square foot of
private usable open space equals two square feet towards the total usable open
space requirement. All usable open space shall meet the standards contained in
Chapter 17.126, except that group usable open space may be located anywhere on
the lot and may be located entirely on the roof of any building on the
site.
(Ord. 12772 § 1 (part), 2006)
17.65.140 Landscaping, paving, and buffering.
A. Submittal and approval of a landscaping and buffering plan for the
entire site is required for the establishment of a new building facility,
excluding secondary units of five hundred (500) square feet or less, and for
additions to existing building facilities of over five hundred (500) square
feet.
1. Landscaping and buffering that is consistent with the “Design
Guidelines for the HBX Zones” as adopted by the City Council;
2. An
automatic system of irrigation for all landscaping shown in the plan;
3. A
minimum of one fifteen (15) gallon tree, or substantially equivalent landscaping
as approved by the Director of City Planning, for every twenty (20) feet of
street frontage or portion thereof. On streets with sidewalks where the distance
from the face of the curb to the outer edge of the sidewalk is at least six and
one-half (6 ½) feet, the trees shall be street trees to the satisfaction of
the City’s Tree Division.
4. At least one fifteen (15) gallon tree in
the parking lot for every six (6) parking spaces for projects that involve new
or existing parking lots of three thousand (3,000) square feet or
greater.
5. At least five (5) feet of distance from the parking lot to the
front and street side property lines shall be required for parking lots of three
thousand (3,000) square feet or greater. Where parking stalls face into this
required area, the width of the required area shall be increased by two (2) feet
unless wheel stops are installed.
B. The following table contains the
maximum percent of surface area that may be paved in all street fronting yards
located within fifteen (15) feet of the property line, excluding areas
containing structures.
|
Type of lot
|
Maximum percent of surface in street fronting yards allowed to be
paved
|
Notes
|
|
Corner lots
|
30 percent
|
|
|
Through lots
|
40 percent for lots with 50 feet or less of street frontage; otherwise 25
percent.
|
|
|
Interior lots
|
50 percent
|
|
Note:
1. The maximum on interior lots that have fifty (50) feet or less street
frontage may increase to seventy-five (75) percent if all driving surfaces are
paved with permeable materials that allow landscaping on the driveway. To
qualify for this bonus, the paving shall contain landscaping that is permanently
maintained and includes a system of automatic irrigation.
(Ord. 12776 §
3, Exh. A (part), 2006: Ord. 12772 § 1 (part), 2006)
17.65.150 Outdoor storage.
The outdoor storage of materials shall not exceed sixteen (16) feet in
height on a lot. Further, outdoor storage may not be higher than eight feet if
both (1) the storage is within fifteen (15) feet from any property line of a lot
containing residential activities and (2) the storage faces any windows of a
residential facility. Outdoor storage may also not be higher than eight (8) feet
if it is within fifteen (15) feet from the front property line. The height of
all outdoor storage shall also be restricted according to the Fire Code
regulations. Sites with outdoor storage shall be screened in conformance to the
“Design Guidelines for the HBX zones” as adopted by the City
Council. (Ord. 12772 § 1 (part), 2006)
17.65.160 Special regulations for HBX Work/Live Facilities.
A. Regulations in this section do not super-sede regulations contained in
Section 17.102.190 relating to the conversion of buildings originally designed
for commercial or industrial activities into joint living and working
quarters.
B. Activity, parking, loading, open space, and unit size
standards. The following table contains the activities allowed in an HBX
work/live unit; the minimum size of an HBX work/live unit; and the parking,
loading. and open space required for each HBX work/live unit:
|
Standard
|
Requirement
|
Note
|
|
Activities allowed in an HBX work/live unit
|
Same permitted and conditionally permitted activities as described in
Section 17.65.030 and any activity that would qualify as a home occupation in a
residential facility (See Chapter 17.112)
|
|
|
Required parking
|
One parking space per unit plus one additional unassigned visitor or
employee parking space per five HBX work/live units
|
1
|
|
Required loading
|
Square feet of facility
|
Requirement
|
2
|
|
Less than 25,000 square feet
|
No berth required
|
|
25,000--69,999 square feet
|
One berth
|
|
70,000--130,000 square feet
|
Two berths
|
|
Each additional 200,000 square feet
|
One additional berth
|
|
Required usable open space
|
75 square feet of usable open space per unit
|
3
|
|
Minimum size of unit
|
1,000 square feet
|
4
|
Notes:
1. See Chapter 17.116 for other off-street parking standards.
2. Chapter 17.116 contains other off-street loading standards. However,
the minimum height or length of a required berth listed in Chapter 17.116 may be
reduced upon the granting of regular design review approval (see Chapter 17.136)
and upon determination that such smaller dimensions are ample for the size and
type of trucks or goods that will be foreseeably involved in the loading
operations of the activity served. This regular design review requirement shall
supersede the requirement for a conditional use permit stated in Section
17.116.220.
3. All required usable open space shall meet the usable open standards
contained in Chapter 17. 126, except that all usable open space for HBX
work/live units may be provided above ground. Further, each square foot of
private usable open space equals two square feet towards the total usable open
space requirement.
4. See subsection P for exceptions to this requirement.
C. At least
two-thirds of the floor area for each HBX work/live unit shall be designated for
and devoted to nonresidential activities, with two exceptions:
1. Up to half
of the floor area of the unit may be devoted to residential floor area if each
of the following are true:
a. The majority of the nonresidential floor area
for the unit is at a public street level and directly accessible to the public
street
b. The unit has no residential floor area at the ground level
and
c. The ground floor entrance is clearly designated as a business
entrance.
2. Up to forty-five (45) percent of the floor area of a unit may
be devoted to residential floor area if there are two (2) entrances into a unit.
one adjacent to the residential space, the other adjacent to the nonresidential
space. To qualify for this additional floor area, the nonresidential entrance
shall be clearly designated as a business entrance separate from the residential
entrance and be directly accessible by the public.
D. All required plans for
the creation of HBX Work/Live Facilities shall (1) delineate areas designated to
contain residential activities and areas designated to contain nonresidential
activities and (2) contain a table showing the square footage of each unit
devoted to residential and nonresidential activities.
E. For HBX work/live
units, residential and nonresidential floor areas shall be designated according
to the following standards:
1. Residential floor area shall be considered
areas containing bedrooms, sleeping areas, kitchens (not including
kitchenettes).
2. Nonresidential floor area shall include floor areas
designated for working.
3. The floor area of stairs and balconies shall not
be considered floor area for the purpose of this subsection.
4. Bathrooms
shall be counted as residential floor area if access requires walking through
areas designated as residential floor areas. Conversely, a bathroom shall be
counted as a nonresidential floor area if its access requires walking through an
area designated as nonresidential. Half of the floor area of a bathroom that can
be directly accessed from both nonresidential and residential floor areas shall
be considered residential floor area; the remainder shall be considered
nonresidential floor area.
5. The Planning Director shall determine the
designation of the floor area when the above standards do not clearly do
so.
F. Nonresidential floor area and residential floor area shall be located
on separate floors (including mezzanines) or be separated by an interior wall.
However, a kitchen may be open to a non-residential floor area if
either:
a. It is on a different floor (including mezzanines) as the rest of
the residential floor area; or
b. The kitchen is adjacent to and directly
accessible from a residential floor area.
In these unpartitioned kitchens,
the following areas shall be considered to be residential floor area: the
counters. cabinets, sink and appliances in the area that will function as a
kitchen and the floor area that is four feet in front of these
items.
G. Each HBX work/live unit shall contain no more than one fully
equipped kitchen. An HBX work/live unit may contain a second kitchenette to
serve the nonresidential floor area. For the purposes of this section a
kitchenette shall be considered a space with a counter that is no more than
twenty (20) square feet, a sink, and an area for a refrigerator. No stovetop or
oven (excluding microwave ovens) shall be permitted in a
kitchenette.
H. Each HBX work/live unit shall have at least one public
entrance that is directly adjacent to nonresidential floor area. A visitor
traveling through this business entrance shall not be required to pass through
any residential floor area in order to enter into the nonresidential area of the
unit.
I. Any building permit plans for the construction or establishment of
HBX Work/Live Facilities shall (1) clearly state that the proposal includes
work/live facilities and (2) label the units intended to be work/live units as
work/live units. This requirement is to assure the City applies building codes
appropriate for a work/live facility.
J. Each unit shall contain at least
one tenant that operates a business within that unit. That tenant shall possess
a valid and active City of Oakland Business Tax Certificate to operate a
business out of the unit.
K. For any HBX Work/Live Facility, a statement of
disclosure shall be (1) provided to prospective owners or tenants before a unit
or property is rented, leased, or sold and (2) in any covenant, conditions, and
restrictions associated with a facility. This statement of disclosure shall
contain the following acknowledgments:
1. The unit is in a nonresidential
facility that allows commercial and/or light industrial activities that may
generate odors, truck traffic, vibrations, noise and other impacts at levels and
during hours that residents may find disturbing.
2. Each unit shall contain
at least one tenant that operates a business within that unit. This tenant must
possess an active City of Oakland Business Tax Certificate for the operation out
of the unit.
L. Each building with an HBX work/live unit shall contain a
sign that: (1) is permanently posted (2) is at a common location where it can be
frequently seen by all tenants such as a mailbox, lobby, or entrance area (3) is
made of durable material (4) has a minimum dimension of nine by eleven inches
and lettering at least one-half an inch tall. This sign shall contain the
following language: “This development contains work/live units. As such,
please anticipate the possibility of odors, truck traffic, noise or other
impacts at levels and hours that residents may find disturbing.” Further,
City of Oakland regulations require that each unit have a tenant that (1)
operates a business from that unit and (2) possesses an active City of Oakland
Business Tax Certificate for this business.
M. HBX Work/Live Facilities
shall be considered a nonresidential facilities and counted towards the
nonresidential floor area ratio, not the residential density.
N. The
development of HBX work/live units in an HBX zone shall not be considered adding
housing units to the City’s rental supply and does not create
“conversion rights” under the City’s condominium conversion
ordinance, Chapter 16.36. The development standards for HBX work/live units are
not intended to be a circumvention of the requirements of the City’s
condominium conversion ordinance, Chapter 16.36.
O. Twenty-five (25) percent
of the number of HBX work/live units in a building shall qualify for certain
exceptions to the standards contained in this section. An HBX work/live unit
shall only qualify for the exceptions if both:
a. More than seventy-five
(75) percent of the total floor of the building containing the unit is devoted
to nonresidential facilities and
b. The unit proposed for the exceptions are
not on the ground floor of a building.
These exceptions shall only include
the following:
1. A unit does not need to have a floor area of at least
1,000 square feet. However the floor area of the unit shall not be greater than
800 square feet;
2. No unassigned visitor parking spaces are required;
and
3. The maximum amount of floor area of a unit designated for residential
activities is raised to no more than fifty (50) percent.
P. Regular Design
Review Criteria. Regular design review approval for HBX Work/Live Facilities may
be granted only upon determination that the proposal conforms to the regular
design review criteria set forth in the design review procedure in Chapter
17.136 and to all of the following additional criteria:
1. That the exterior
of a new building containing primarily HBX work/live units has a commercial or
industrial appearance. This includes, but is not necessarily limited to, the use
of nonresidential building styles or other techniques;
2. That a building
containing HBX work/live units has nonresidential activities and nonresidential
floor area on the ground floor and at street fronting elevations;
3. That
units on the ground floor of a building have nonresidential floor area that is
directly accessible from and oriented towards the street;
4. That units on
the ground floor of a building have a business presence on the street. This
includes, but is not necessarily limited to, providing storefront style windows,
interior space visible to the street, a business door that is oriented towards
the street, a sign or other means that identifies the business on the door and
elsewhere, a prominent ground floor height, or other techniques;
5. That the
layout of nonresidential floor areas within a unit provides a functional and
bona fide open area for working activities;
6. That the floor and site plan
for the project include an adequate provision for the delivery of items required
for a variety of businesses. This may include, but is not necessarily limited
to, the following:
a. Service elevators designed to carry and move oversized
items,
b. Stairwells wide and/or straight enough to deliver large
items,
c. Loading areas located near stairs and/or elevators and
d. Wide
corridors for the movement of oversized items.
7. That the floor and site
plan for the project provide units that are easily identified as businesses and
conveniently accessible by clients, employees. and other business visitors.
(Ord. 12776 § 3, Exh. A (part), 2006: Ord. 12772 § 1 (part),
2006)
17.65.170 Special regulations for HBX Live/Work Facilities.
A. Regulations in this section do not supercede regulations contained in
Section 17.102.190 relating to the conversion of buildings originally designed
for commercial or industrial activities into joint living and working
quarters.
B. Activity, parking, loading, open space, and unit size
standards. The following table contains the activities allowed in an HBX
live/work unit, the minimum size of an HBX live/work unit, and the loading and
open space for each HBX live/work unit:
|
Standard
|
Requirement
|
Note
|
|
Activities allowed in an HBX live/work unit
|
Same permitted and conditionally permitted activities as described in
Section 17.65.030 and any activity that would qualify as a home occupation in a
residential facility (See Chapter 17.112)
|
|
|
Required parking
|
One parking space per unit
|
1
|
|
Required loading
|
Square feet of facility
|
Requirement
|
2
|
|
Less than 50,000 square feet
|
No berth required
|
|
50,000--149,999 square feet
|
One berth
|
|
150,000--299,999 square feet
|
Two berths
|
|
Each additional 300,000 square feet
|
One additional berth
|
|
Permitted density
|
Same as Section 17.65.070
|
|
|
Required usable open space
|
Same as Section 17.65.130
|
|
Notes:
1. See Chapter 17.116 for other off-street parking standards.
2. Chapter 17.116 contains other off-street loading standards. However.
the minimum height or length of a required berth listed in Chapter 17.116 may be
reduced upon the granting of regular design review approval (see Chapter
17.136), and upon determination that such smaller dimensions are ample for the
size and type of trucks or goods that will be foreseeably involved in the
loading operations of the activity served. This design review requirement shall
supercede the requirement for a conditional use permit stated in Section
17.116.220.
C. The amount of floor area in an HBX live/work unit
designated for and devoted to residential is not restricted.
D. Any building
permit plans for the construction of HBX Live/Work Facilities shall (1) clearly
state that the proposal includes live/work facilities and (2) label the units
intended to be live/work units. This requirement is to assure the City applies
building codes appropriate for a live/work facility.
E. For any HBX
Live/Work Facility a statement of disclosure shall be (1) provided to
prospective owners or tenants before a unit or property is rented, leased. or
sold and (2) in any covenant, conditions, and restrictions associated with a
facility. This statement of disclosure shall contain an acknowledgment that the
property is in a facility that allows commercial and/or light industrial
activities that may generate odors, truck traffic, vibrations, noise and other
impacts at levels and during hours that residents may find
disturbing.
F. Each building with an HBX live/work unit shall contain a sign
that: (1) is permanently posted; (2) is at a common location where it can be
frequently seen by all tenants such as a mailbox, lobby, or entrance area; (3)
is made of durable material; (4) has a minimum dimension of nine by eleven
inches and lettering at least one-half an inch tall. This sign shall contain the
following language: “This development contains live/work units. As such,
please anticipate the possibility of odors, truck traffic, noise or other
impacts at levels and hours that residents may find disturbing.
G. HBX
Live/Work Facilities shall be considered residential facilities, shall be
counted towards the residential density, not the nonresidential floor area
ratio, and may create “conversion rights” under the City’s
condominium conversion ordinance, Chapter 16.36. The same requirements contained
in the City’s condominium conversion ordinance that relate to residential
units shall apply to HBX live/work units.
H. Regular Design Review Criteria.
Regular design review approval for HBX live/work units may be granted only upon
determination that the proposal conforms to the regular design review criteria
set forth in the design review procedure in Chapter 17.136 and to all of the
following additional criteria:
1. That the layout of nonresidential floor
areas within a unit provides a functional and bona fide open area for working
activities;
2. That, where appropriate for the type of businesses
anticipated in the development, the floor and site plan for the project include
an adequate provision for the delivery of items required for a variety of
businesses. This may include, but is not necessarily limited to. the
following:
a. Service elevators designed to carry and move oversized
items,
b. Stairwells wide and/or straight enough to deliver large
items,
c. Loading areas located near stairs and/or elevators and
d. Wide
corridors for the movement of oversized items. (Ord. 12776 § 3, Exh. A
(part), 2006: Ord. 12772 § 1 (part), 2006)
17.65.180 Special regulations for mini-lot and planned unit developments.
A. Mini-Lot Developments. In mini-lot developments, certain regulations
otherwise applying to individual lots in the HBX-l, HBX-2 and HBX-3 zones 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 HBX-1, HBX-2 and HBX-3 zones, and certain of the other
regulations applying in said zones may be waived or modified. (Ord. 12772 §
1 (part), 2006)
17.65.190 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. Home Occupations. Home occupations shall be subject to the
applicable provisions of the home occupation regulations in Chapter
17.112.
C. Nonconforming Uses. Nonconforming uses and changes therein shall
be subject to the nonconforming use regulations in Chapter
17.114.
D. General Provisions. The general exceptions and other regulations
set forth in Chapter 17.102 shall apply in the in the HBX-1, HBX-2 and HBX-3
zones.
E. Recycling Space Allocation Requirements. The regulations set forth
in Chapter 17.118 shall apply in the HBX-1, HBX-2 and HBX-3 zones. (Ord. 12772
§ 1 (part), 2006)
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