Zoning Glossary by City with short STAND intro
NOTE: [STAND has shortened and inserted City Planner Neil Gray's link to the City's Temescal proposal. If
clicking below doesn't give you the June 20 Temescal zoning agenda, with a link under item 2 there for the whole Temescal "staff report," please write or call STAND or Neil Gray, Planner III at 238-3878 or email: ngray@oaklandnet.com.]
& ANOTHER STAND NOTE: IT SEEMS THAT 55 FEET MAY SEEM TO BE THE HEIGHT LIMIT HERE, BUT CONSIDER THE MANY WAYS A DEVELOPER MAY BE ALLOWED A 30% HEIGHT/DENSITY BONUS FOR SUCH DUBIOUS COMMUNITY BENEFITS AS PRIVATE UNDERGROUND PARKING IN NEW DEVELOPMENTS. ALSO CONSIDER THAT STAND PROPOSES DIFFERENT DEFINITIONS FROM THE CITY FOR SOME OF THESE PROVISIONS.
------------------------------------------CITY OF OAKLAND
COMMUNITY AND ECONOMIC DEVELOPMENT AGENCY
MEMO
TO: Interested parties
FROM: Neil Gray, Planner III
Strategic Planning Division of the City of Oakland
DATE: July 20, 2007
SUBJECT: Summary of the proposed zoning regulations for the Temescal Corridor
The following is a summary of the SD-TEM zone, the proposed new zoning designation for the Temescal Corridor. I have tried my best to summarize the regulations in plain English. The first section is a glossary of terms found in the regulations; the second provides an overview and purpose of the regulations; the final section summarizes each section of the regulations.
Some of the explanations refer to the 6/20/07 Zoning Update Committee meeting staff report. This report with attachments can be found through this link.
NOTE: [STAND has shortened and inserted Neil Gray's link, as it didn't work from this document. If clicking below doesn't give you the June 20 Temescal zoning agenda, with a link under item 2 there for the whole Temescal "staff report," please write or call STAND or Neil Gray, Planner III at 238- 3878 or by email at: ngray@oaklandnet.com..]
SECTION I: GLOSSARY
Base zone. The underlying zoning designation. A base zone is a standard zoning
designation that contains a set of development standards (i.e. maximum height, minimum
setbacks, allowed activities, etc.). There are approximately 35 base zones, each of which
are applied to multiple areas of the City. For instance, the base zone C-28 is currently
applied on Telegraph Avenue in Temescal, parts of International Boulevard, and parts of
Macarthur Boulevard.
Combining zone. A combining zone is overlaid over the base zone to modify certain
regulations or add new regulations to accommodate issues specific to a certain area. The
regulations in the combining zone supercede those in the base zone.
Conditional Use Permit (CUP). The zoning ordinance requires the granting of a CUP for
certain types of construction or activities to occur on a lot. A CUP is a discretionary
permit (the City can deny or approve a CUP application) and the public is noticed for
input at least 17 days prior to any decision. In order to be granted a CUP, a project must
meet certain criteria or findings that are listed in the zoning ordinance. Requirements that
a development comply with specified conditions usually accompany a CUP approval.
Density, maximum. Number of allowed dwelling units on a parcel. In Oakland, this is
determined by the amount of lot area required per unit. For instance, if a lot is 10,000
square feet and the zoning designation allows one unit per 1,000 square feet of lot area,
then 10 units are allowed on that lot.
Development bonuses or bonus. Relaxation of certain zoning requirements in return for
public benefits.
General Plan. The General Plan is the land use “constitution” that lays out the City’s
development vision and policies. The General Plan was adopted in 1998 by the City
Council after a lengthy “General Plan Congress”. The document includes text and a map
that designates what type of development is envisioned to occur in different area of the
City.
General Plan designations. Designations contained in the General Plan that describe
different intended development patterns. These designations are mapped to guide the
City regarding land use decisions. For instance, Telegraph Avenue from Highway 580 to
Claremont Avenue is designated “Neighborhood Center Mixed Use” a designation that
envisions mixed use, pedestrian oriented commercial districts. Each designation contains
a written description of the intent of the designation and the designation’s maximum
development intensity (maximum development intensity is the number of residential units
and amount of commercial facilities allowed on a lot).
Neighborhood character defining building. Buildings that contain architectural elements
that are common in the neighborhood and define the character of the Temescal corridor.
Nonresidential floor area ratio (FAR). The ratio of commercial floor area to lot area. For
instance, if a development contains 10,000 square feet of commercial floor area and a lot
is 20,000 square feet in size, then the nonresidential FAR is .5 (10,000/20,000).
Temescal Corridor or Corridor. For the purpose the this project, the Temescal Corridor is
Telegraph Avenue from 41st Street to the Berkeley border, “Short Shattuck” (Shattuck
from Telegraph Avenue to the Freeway), and Claremont Avenue from Telegraph Avenue
to Cavour Street.
Zoning designations (or zones). Designations in the zoning ordinance that contain a set
of development standards (i.e. maximum height, minimum setback, allowed activities,
etc.) designed to maintain or create a certain development character. For instance, the R-
30 Zoning designation (a.k.a. the R-30 zone) is applied to suburban style residential
neighborhoods containing single family homes with front, rear, and side yards.
Zoning ordinance. The document that contains the zoning designations, the processes
required for developments to gain City approval, and other related regulations. The
development standards in the zoning ordinance are supposed to directly implement the
policies and vision of the General Plan. However, the zoning ordinance has not been
updated to perform this function.
SECTION II: OVERVIEW AND PURPOSE OF REGULATIONS
The purpose of proposed regulations is to update the zoning ordinance to 1) implement
the General Plan for the Temescal Corridor, 2) respond to community concerns
regarding development in the area, and 3) create common expectations for new
development proposals.
The proposed zoning regulations are designed to implement the three General Plan
designations found on “Short Shattuck” (Shattuck Avenue between Telegraph and
Highway 24) and Telegraph Avenue above 41st Street: Neighborhood Center Mixed Use,
Urban Residential, and Community Commercial. Staff is also proposing to change a
portion of Claremont Avenue from Mixed Housing Type Residential to Community
Commercial.
Staff is proposing three different base zones, each corresponding with different parts of
the corridor. The proposed base zones are: the C-28 Commercial Shopping District
Zone, the R-70 High Density Residential Zone, and the C-30 District Thoroughfare
Commercial Zone. Each base zone was chosen because it best provides development
standards consistent with one of the proposed General Plan designations. For instance,
the C-30 zone is designated wherever the General Plan designation is Community
Commercial because C-30 is a general thoroughfare commercial zone that contains
development standards that are consistent with the intent of the Community Commercial
General Plan designation.
Staff is proposing a new combining zone called the SD-TEM zone. This zone would be
overlaid onto the base zones to modify certain regulations or add new regulations to
accommodate issues specific to the Temescal Corridor and better implement the intent of
a particular General Plan designation.
The SD-TEM zone is separated into 4 subzones: SD-TEM-1, SD-TEM-2, SD-TEM-3,
and SD-TEM-4. Each subzone has a corresponding base zone and General Plan
designation. The regulations in the subzones contain regulations that reflect the intent of
the underlying General Plan designation and reflect issues specific to the Temescal
Corridor. The following table shows how the subzones, General Plan designations, and
base zones correspond.
SubzoneGeneral Plan land use classification
Base Zoning designation
SD-TEM-1
Neighborhood Center Mixed Use
C-28, Commercial Shopping District Zone
SD-TEM-2
Urban Residential
1. C-28, Commercial Shopping District Zone
2. R-70, High Density Residential Zone
SD-TEM-3
Community Commercial
C-30, District Thoroughfare Commercial Zone
SD-TEM-4
Neighborhood Center Mixed Use
C-28, Commercial Shopping District Zone
The proposal also includes a set of design guidelines that provide direction to developers regarding the appearance of buildings and the streetscape. Conformance to the guidelines is required whenever a project requires design review approval.
SECTION III: DESCRIPTION OF EACH SECTION OF SD-TEM ZONE
The following is a section by section description of the SD-TEM zone. The summaries of the regulations are in the boxed areas; the proposed zoning text is outside the boxes.
[STAND NOTE: COULDN'T EASILY FORMAT IN BOXES, BUT YOU CAN FIND REFERRED TEXT.]
17.101.002 Title, purpose, and applicability.
The provisions of Article I of this chapter shall be known as the SD-TEM Temescal Corridor Combining Zone Regulations (SD-TEM combining zone). The SD-TEM combining zone is intended to create, preserve and enhance a balance of pedestrian-oriented activities, transit opportunities, and concentrated development on the portions of Shattuck Avenue, Telegraph Avenue, 51st Street, 52nd Street, and Claremont Avenue within the Temescal neighborhood of Oakland; and to preserve and enhance the Temescal Corridor as a visually distinct neighborhood. The SD-TEM combining zone is separated into four subareas: Temescal-1 (SD-TEM-1), Temescal-2 (SD-TEM-2), Temescal-3 (SD-TEM-3), and Temescal-4 (SD-TEM-4). These four (4) subareas within the SD-TEM combining zone are designated on the City’s zoning maps.
Temescal Regulations Summary
Page - 5 -
7-20-07
This section is a general description of the purpose of the combining zone. This language will be modified in future drafts.
17.101.004 Zones with which the SD-TEM combining zone may be combined.
The SD-TEM combining zone may be combined with any base zone in the Temescal neighborhood of Oakland.
This section states that the combining zone can only be applied in Temescal.
17.101.006 Duplicated Regulation.
Whenever any provision of the SD-TEM combining zoning regulations imposes overlapping or contradictory regulations with those contained in the applicable base zone, or contains restrictions covering any of the same subject matter, the provision within the SD-TEM combining zone shall control, except as otherwise expressly provided in the zoning regulations.
This section states that the regulations in the combining zone take precedence over corresponding regulations in the base zone. For instance, the height regulations in the SD-TEM zone supercede the height regulations in the base zone.
17.101.008 Design Guidelines.
Conformance to the “Temescal Corridor Design Guidelines” is required for either of the following types of projects:
A. Projects requiring Regular Design Review approval; and
B. Projects requiring Small Project Design Review approval involving an alteration to the exterior of a “neighborhood character defining building” (see 17.101.018A for the definition of a “neighborhood character defining building”) that is visible from the public right of way.
This section states when conformance to the design guidelines are required. This version of the ordinance states that conformance is required when any project requires “Regular Design Review” (larger construction projects requiring public noticing) or when a neighborhood character defining building requires “Small Project Design Review” (smaller projects usually approved over the zoning counter). This requirement will be expanded to all projects requiring Small Project Design Review in future drafts. The types of projects requiring a design review process will also be expanded in future drafts.
17.101.010 Special regulations regarding nonresidential facilities on the ground level of principal buildings in the SD-TEM-4 subarea.
A. The ground level facades of new principal buildings in the SD-TEM-4 subarea on lots that have fifty (50) feet or more of street frontage on Telegraph Avenue shall contain nonresidential facilities. These nonresidential facilities shall predominate on the ground
Temescal Regulations Summary
Page - 6 -
7-20-07
level of the front façade and be at least twenty (20) feet in depth. Joint living and working quarters shall not fulfill the requirements of this section. The nonresidential facilities required by this section shall have a store front appearance defined by the following design elements:
1. An ample amount of street-facing ground level building facade must be comprised of clear, non-reflective windows that allow views of indoor commercial space;
2. A prominent entrance feature facing Telegraph Avenue;
3. An area designated for signage; and
4. A design consistent with Guideline 2.4 of the Temescal Corridor Design Guidelines.
This subsection states that new construction is required to have ground level storefronts in subzone 4. Lots less than 50 feet wide are excluded from the requirement due to site constraints. Requiring ground level storefronts implements the Neighborhood Center Mixed Use (NCMU) General Plan designation in this subzone by enhancing neighborhood shopping opportunities. Subzone 1, the other subzone with an NCMU designation has major incentives to provide ground level commercial construction (see section 17.101.016, below). For the rationale behind this different treatment, see page 11 of the June 20, 2007 Zoning Update Committee staff report.
B. On Telegraph Avenue in the SD-TEM-4 subarea, no Residential Activity, Limited Child Care Civic Activity, Community Assembly Civic Activity, Community Education Civic Activity, Administrative Commercial Activity, Health Care Commercial Activity, Medical Service Commercial Activity, Consultative and Financial Service Commercial Activity, Business and Communication Service Commercial Activity, or Group Assembly Commercial Activity shall be located on the ground floor of any building except upon the granting of a conditional use permit (see Chapter 17.134) and shall conform to the use permit criteria contained in
17.44.110. However, incidental pedestrian entrances that lead to one of these uses elsewhere in the building are permitted without the granting of a conditional use permit.
This is an existing regulation that was simply moved from the C-28 base zone. The regulation encourages the pedestrian oriented retail storefronts consistent with the Neighborhood Center Mixed Use designation by requiring a use permit for ground level offices and residential facilities.
17.101.012 Maximum residential density.
A. The regulations in this section supercede the regulations contained in the density section of the applicable base zone.
Temescal Regulations Summary
Page - 7 -
7-20-07
B. The following table contains the maximum number of residential units allowed per lot for the each of the subareas.
The proposal also includes a set of design guidelines that provide direction to developers regarding the appearance of buildings and the streetscape. Conformance to the guidelines is required whenever a project requires design review approval.
SECTION III: DESCRIPTION OF EACH SECTION OF SD-TEM ZONE
The following is a section by section description of the SD-TEM zone. The summaries of the regulations are in the boxed areas; the proposed zoning text is outside the boxes.
17.101.002 Title, purpose, and applicability.
The provisions of Article I of this chapter shall be known as the SD-TEM Temescal Corridor Combining Zone Regulations (SD-TEM combining zone). The SD-TEM combining zone is intended to create, preserve and enhance a balance of pedestrian-oriented activities, transit opportunities, and concentrated development on the portions of Shattuck Avenue, Telegraph Avenue, 51st Street, 52nd Street, and Claremont Avenue within the Temescal neighborhood of Oakland; and to preserve and enhance the Temescal Corridor as a visually distinct neighborhood. The SD-TEM combining zone is separated into four subareas: Temescal-1 (SD-TEM-1), Temescal-2 (SD-TEM-2), Temescal-3 (SD-TEM-3), and Temescal-4 (SD-TEM-4). These four (4) subareas within the SD-TEM combining zone are designated on the City’s zoning maps.
Temescal Regulations Summary
Page - 5 -
7-20-07
This section is a general description of the purpose of the combining zone. This language will be modified in future drafts.
17.101.004 Zones with which the SD-TEM combining zone may be combined.
The SD-TEM combining zone may be combined with any base zone in the Temescal neighborhood of Oakland.
This section states that the combining zone can only be applied in Temescal.
17.101.006 Duplicated Regulation.
Whenever any provision of the SD-TEM combining zoning regulations imposes overlapping or contradictory regulations with those contained in the applicable base zone, or contains restrictions covering any of the same subject matter, the provision within the SD-TEM combining zone shall control, except as otherwise expressly provided in the zoning regulations.
This section states that the regulations in the combining zone take precedence over corresponding regulations in the base zone. For instance, the height regulations in the SD-TEM zone supercede the height regulations in the base zone.
17.101.008 Design Guidelines.
Conformance to the “Temescal Corridor Design Guidelines” is required for either of the following types of projects:
A. Projects requiring Regular Design Review approval; and
B. Projects requiring Small Project Design Review approval involving an alteration to the exterior of a “neighborhood character defining building” (see 17.101.018A for the definition of a “neighborhood character defining building”) that is visible from the public right of way.
This section states when conformance to the design guidelines are required. This version of the ordinance states that conformance is required when any project requires “Regular Design Review” (larger construction projects requiring public noticing) or when a neighborhood character defining building requires “Small Project Design Review” (smaller projects usually approved over the zoning counter). This requirement will be expanded to all projects requiring Small Project Design Review in future drafts. The types of projects requiring a design review process will also be expanded in future drafts.
17.101.010 Special regulations regarding nonresidential facilities on the ground level of principal buildings in the SD-TEM-4 subarea.
A. The ground level facades of new principal buildings in the SD-TEM-4 subarea on lots that have fifty (50) feet or more of street frontage on Telegraph Avenue shall contain nonresidential facilities. These nonresidential facilities shall predominate on the ground
Temescal Regulations Summary
Page - 6 -
7-20-07
level of the front façade and be at least twenty (20) feet in depth. Joint living and working quarters shall not fulfill the requirements of this section. The nonresidential facilities required by this section shall have a store front appearance defined by the following design elements:
1. An ample amount of street-facing ground level building facade must be comprised of clear, non-reflective windows that allow views of indoor commercial space;
2. A prominent entrance feature facing Telegraph Avenue;
3. An area designated for signage; and
4. A design consistent with Guideline 2.4 of the Temescal Corridor Design Guidelines.
This subsection states that new construction is required to have ground level storefronts in subzone 4. Lots less than 50 feet wide are excluded from the requirement due to site constraints. Requiring ground level storefronts implements the Neighborhood Center Mixed Use (NCMU) General Plan designation in this subzone by enhancing neighborhood shopping opportunities. Subzone 1, the other subzone with an NCMU designation has major incentives to provide ground level commercial construction (see section 17.101.016, below). For the rationale behind this different treatment, see page 11 of the June 20, 2007 Zoning Update Committee staff report.
B. On Telegraph Avenue in the SD-TEM-4 subarea, no Residential Activity, Limited Child Care Civic Activity, Community Assembly Civic Activity, Community Education Civic Activity, Administrative Commercial Activity, Health Care Commercial Activity, Medical Service Commercial Activity, Consultative and Financial Service Commercial Activity, Business and Communication Service Commercial Activity, or Group Assembly Commercial Activity shall be located on the ground floor of any building except upon the granting of a conditional use permit (see Chapter 17.134) and shall conform to the use permit criteria contained in 17.44.110. However, incidental pedestrian entrances that lead to one of these uses elsewhere in the building are permitted without the granting of a conditional use permit.
This is an existing regulation that was simply moved from the C-28 base zone. The regulation encourages the pedestrian oriented retail storefronts consistent with the Neighborhood Center Mixed Use designation by requiring a use permit for ground level offices and residential facilities.
17.101.012 Maximum residential density.
A. The regulations in this section supercede the regulations contained in the density section of the applicable base zone.
Temescal Regulations Summary
Page - 7 -
7-20-07
B. The following table contains the maximum number of residential units allowed per lot for the each of the subareas.
450 ft
Minimum remainder required for one additional unit after dividing the lot area by the required lot area per unit
300 ft
Notes
1. See 1) Section 17.107 for affordable and senior housing density incentives; 2) section 17.102.360 for regulations regarding secondary units and 3) section 17.106.030 for how to calculate density in mixed use projects.
2. The permitted density may be exceeded by not more than 10 percent for a lot that is either: 1) on a street corner or 2) faces or abuts a public park at least as wide as the lot.
3. See 17.101.016 for a conditionally permitted thirty (30) percent density bonus for certain projects
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