Contact Margaret Stanzione, Strategic Planning, at

At our last meeting, staff briefly explained the format of the new zoning code and how it differed from the existing code. One of the major changes is how land uses are defined and regulated. Attachment 1 is the proposed list of land uses, grouped by general categories, which represent those uses generally found in the City of Oakland. The base zoning districts will show how these land uses will be regulated throughout the City.

One of the many reasons for revising the existing code is to modernize the list of land uses. This list of land uses in the current code (see Attachment 2) has evolved from the zoning code that was originally adopted in the 1930s. Many of the uses listed are antiquated, relating to the old industrial economy, (e.g., shipbuilding, cotton ginning, manufacture of insect poison) and many common new land uses, such as self-storage or research and development, are not included at all. The terms used are not at all readily understandable to the general public (e.g., "extensive impact civic" or "community assembly civic"). The new list of Use Classifications is intended to be more modern and easy to understand. It also offers the opportunity to differentiate land uses that are now regulated as one category; for example, auto repair can be regulated differently than truck repair.

To update the Use Classifications for the City of Oakland, the consultant began with the existing land uses, compared them against the North American Industrial Classification System (NAICS) to identify a classification for the equivalent use, and prepared the new land use classifications. A Land Use Correspondence Table was also prepared to show where the current land uses can be found in the new land use classifications (see Attachment 3).

Also at the previous Zoning Update Committee meeting, staff discussed the noticing requirements for future Committee meetings. It was recommended that one notice be sent to the more than 1,000 people on the mailing list with future dates, topic areas, information about where to get staff reports, and how to contact the City. Attachment 4 is a copy of the notice that was sent out last week.

To better understand where the Use Classifications appear in the zoning code, staff is providing a copy of the Table of Contents (see Attachment 5). The zoning code is a section of the entire Municipal Code, with Titles 20 through 26 covering issues related to planning and zoning. It should be noted that while the Table of Contents shows how the code is organized, it is not the final outline for the document. Changes may need to be made to this outline as we proceed with the review of the draft.

Title 26 contains both the Use Classifications and the List of Terms and Definitions. The List of Terms and Definitions is still being reviewed by staff and will be presented to the Committee at a later date. Until the list is completely reviewed, staff will provide definitions in the staff report as they relate to subject material under review.

USE CLASSIFICATIONS

A new expanded and inclusive use classification system is used to regulate land uses. Uses are grouped by categories having similar characteristics, but do not list every use or activity that may be within the classification. According to the consultant,

For example, the existing Code includes a use classification "Community Assembly Civic Activities. This category includes activities typically performed by, or at, the following institutions or installations." Some of the uses in the list include churches, food service and concessions, public and private nonprofits, clubs, lodges, meeting halls, recreation centers, playgrounds, festivals, gymnasiums, etc. The new Zoning Code will not include a generic Community Assembly category, but will define each of the uses and regulate them according to the base zoning district. In the new Code, most of the uses listed above will be listed under a broad category of "Community and Institutional Uses"and will be listed and regulated separately, rather than grouped together based on the activity of attracting many people to one place (community assembly).

The consultant has provided new land use categories from the new North American Industrial Classification System (NAICS). Staff has modified some of these uses to reflect situations that are specific to Oakland. These categories are based on the types of production activities performed, and are intended to define and classify newer land uses and reflect recent planning trends.

The Use Classification Section of the Code is divided into 9 sections. Each section represents a general topic area (e.g., Residential, Commercial, Transportation, etc.) with categories of land uses listed within the general topic area. The land uses are described as a group with similar characteristics, with specific examples of land uses listed within each group.

For example, if someone wanted to know where to locate a corporation yard for vehicles, they would first determine the general topic area ("Community and Institutional Use"), look for a use category that describes the use ("Public Maintenance Facilities") and then look at examples of the types of uses that are included in the description ("This classification includes corporation yards, equipment service centers, and similar facilities.). This format attempts to group similar land uses under a general land use classification rather than list each individual land use.

Title 26, Sections 26.01.010 and 26.01.020 are the "administrative" sections. The first section explains the purpose of the Use Classifications and how they are used in other chapters of the Code. The second section describes the rules that will be followed when it is not clear what Classification will be applied to describe a specific land use. As written, the Planning and Zoning Director will make the determination.

The remaining sections of Title 26 contain the land use classifications as divided by subject area.

30. Residential Use Classifications

This section contains all the land uses that are considered Residential Uses. These uses are generally located in residentially zoned areas and are conditionally permitted in some commercial areas. This section reflects most of the definitions that exist in the current code, and does not add many new ones. The definitions that pertain to residential care facilities have been retained because Ordinance No. 12128 regulating these uses was adopted in 1999 after extensive work by a citizen’s advisory committee and staff.

Staff is providing the following definitions for terms used in this section.

40. Community and Institutional Use Classifications

This section includes the land uses that are not typically classified as residential, commercial or industrial. In general, they include public buildings, community facilities, educational facilities, day care centers, health care facilities, public safety and maintenance facilities, facilities for religious assembly, and similar uses.

For example, in the new code colleges and university are classified as "Colleges, public or private." In the old code these same land uses are categorized as "Civic Activity Types – Extensive Impact." The new code is much more descriptive and easier to understand.

Staff is proposing that health care facilities be divided into several subcategories to further reflect the changes that have taken place in the health care industry over the years. The definitions that have been provided may still need to be clarified.

This section includes a list of commercial land uses that exist in Oakland. Staff has modified some of the categories and has added subcategories for certain land uses. Several subcategories have been added to the land use classification, "Animal Sales and Services." The subcategories separate animal hospitals, sales and grooming, kennels, and horse stables, as these land uses are likely to be treated differently in various zoning districts.

The same is true for land uses describing vehicles. Automobile uses were combined with trucks, boats, recreation vehicles, etc. in the general land use classification. Staff is proposing that automobiles and their attendant uses be separated from truck and other larger vehicle uses because the impact of a small auto repair shop may be minimal, whereas a repair facility for eighteen wheeler trucks could have major impacts on adjoining properties. While most of the land uses associated with automobile use are considered commercial uses, trucks greater than 4.5 tons have been included in the Industrial Use Classification.

Businesses engaged in serving prepared food and/or beverages are classified as "Eating and Drinking Establishments." This category also contains several subcategories. The definitions for those food-related uses that have been major issues in Oakland in the past have been carried forward from the existing Code (i.e., fast food, convenience markets).

Joint Living and Working Quarters are described in two subcategories: Live/Work and Work/Live Space for Arts Activities or Other Work Activities. They are classified as commercial uses, reflecting the current policy.

60. Industrial Use Classifications

This section contains the most commonly classified industrial land uses. One of the new uses included in this section is the "Truck Repair, Refueling, and Other Heavy Vehicle Sales and Service." As mentioned previously, these uses were combined with automobile uses under the general title of "Vehicle Sales and Service." Staff believes that because trucks and their attendant impacts are major issues for Oakland, they should be considered industrial uses and regulated differently than automobiles.

70. Transportation Use Classifications

This section includes the various transportation facilities in the City such as airports, heliports, truck terminals and warehouses, seaport, passenger terminals, and truck weigh stations.

This section includes land uses involving communication equipment such as radio and television studios and electronic and microwave facilities to support personal wireless services.

90. Agriculture and Extractive Use Classifications

Land uses in this section include those associated with raising crops and animals, mining and quarrying, and larger nurseries growing plant for landscaping purposes.

Staff recommends that the Committee review the Use Classifications with the understanding that these uses can be amended as we go through the review process. It is likely that the list will be revised as we consider the land uses in more detail when reviewing the base zoning districts.

Staff recommends that members of the Zoning Update Committee review the Use Classifications and provide comments and/or direction to staff.

Prepared by:

MARGARET STANZIONE

Strategic Planning Coordinator

Approved for forwarding to the Zoning Update Committee of the City Planning Commission

___________________________

LESLIE GOULD

Director of Planning and Zoning

1. Proposed Use Classifications
2. Existing Use Classifications
3. Land Use Correspondence Table
4. Zoning Update Committee Meeting Notice
5. Proposed Table of Contents