File #: 03-0053    Version: Name: Ordinance Amending The Oakland Planning Code
Type: Ordinance Status: Passed
File created: 9/10/2003 In control: Concurrent Meeting of the Oakland Redevelopment Agency / City Council
On agenda: 11/4/2003 Final action: 11/4/2003
Title: Subject: Large-Scale Combined Retail and Grocery Sales From: Community and Economic Development Agency Recommendation: Approve the Final Passage (Second Reading) of an Ordinance amending the Oakland Planning Code to define "Large-Scale Combined Retail and Grocery Sales Commercial Activities"; and to prohibit this activity type in all zones (TITLE CHANGE)
Sponsors: Community & Economic Development Agency
Attachments: 1. 14.4.pdf, 2. 10.19CC 11-4-03.pdf, 3. 12547.pdf

Title

Subject:                     Large-Scale Combined Retail and Grocery Sales

From:                                          Community and Economic Development Agency

Recommendation:  Approve the Final Passage (Second Reading) of an Ordinance amending the Oakland Planning Code to define "Large-Scale Combined Retail and Grocery Sales Commercial Activities"; and to prohibit this activity type in all zones (TITLE  CHANGE)

 

Body

RE: AN ORDINANCE AMENDING THE OAKLAND PLANNING CODE TO

DEFINE "LARGE-SCALE COMBINED RETAIL AND GROCERY SALES

COMMERCIAL ACTIVITIES" AND PLACE ZONING CONTROLS ON THIS

ACTIVITY TYPE IN CERTAIN COMMERCIAL, MANUFACTURING AND

SPECIAL ZONES

 

SUMMARY

 

The proposed zoning text amendment would establish a new land use category called "Large-

Scale Combined Retail and Grocery Sales Commercial Activities," which describes retail stores

over 100,000 square feet that devote more than 10% of their sales floor area to non-taxable

merchandise, but excludes wholesale clubs or other establishments selling primarily bulk

merchandise and charging membership dues.  The proposed regulations would prohibit "Large-

Scale Combined Retail and Grocery Sales Commercial Activities" in the C-5, C- IO, C-25, C-27,

C-28, C-31, C-52, C-60, M-10, S-1, S-3, and S-15 zones and require a conditional use permit for

such activities in the C-20, C-30, C-35, C-36, C-40, C-45, C-51, C-55, M-20, M-30, M-40, S-2,

S-16, and S-19 zones.  The proposed amendment responds to concerns about the potential for

such stores to generate high negative impacts on transportation mode split, traffic congestion and

associated air pollution, and on the viability of neighborhood commercial districts.  Staff

recommends that the Oakland City Council approve the attached ordinance and text amendment.

 

The proposed text amendment will be brought before the City Planning Commission on

September 17, 2003, and any recommendations received from the Planning Commission will be

forwarded to the City Council as a supplement to this agenda report.

 

 

FISCAL IMPACTS

 

Direct Fiscal Impacts

 

The proposed zoning text amendment has no direct fiscal impacts. It does not involve

expenditure of city funds or require additional staff to implement.  The proposed text amendment

will become part of the zoning regulations and will be administered concomitantly with other

zoning regulations.

 

 

 

Itern.

C&ED Committee

September 23, 2003

 

 

Deborah Edgerly

September 23, 2003 Page No. 2

 

Indirect Fiscal Impacts

 

While there are no direct fiscal impacts of the proposed regulations, there are potential indirect

impacts to sales tax revenues.  The proposed regulations will require a conditional use permit for

large-scale combined retail and grocery stores in a number of commercial zones where such

stores are currently permitted outright.  In these areas, the conditional use permit requirement

could add to the time that it takes to establish a store, and until established, the proposed store

would not be generating sales tax revenue. This is a short-term potential impact.  The

processing time for a conditional use permit is likely to be two to three months.  In the event that

the Planning and Zoning Division denies an application for a proposed large-scale combined

retail and grocery store because the proposed project does not conform to the conditional use

permit criteria, the failure to establish such a store could create longer-terin impacts on sales tax

revenues.  However, a portion of any potential new tax revenues generated by a new large-scale

store would simply reflect a shift of sales from existing businesses in the community.  In

addition, the proposed ordinance applies only to large-scale combined retail and grocery stores; it

does not place new limitations on or require special review for other types of retail or grocery

stores, either small or large, which have the potential to generate sales tax revenue.  In the

industrial zoning districts, a conditional use permit is already required for any retail

establishment over 3,000 square feet, so the proposed regulations do not impose any additional

review processes or restrictions. In the neighborhood-oriented zoning districts where big box

grocers are proposed to be prohibited, the establishment of a big box grocer is considered

unlikely anyway, due to the lack of large parcels of land.  Overall, the potential fiscal impacts of

the proposed regulations are minimal.  The proposed regulation is unlikely to have a negative

impact on sales tax revenues.

 

BACKGROUND

 

On April 8, 2003, the Oakland City Council unanimously adopted Ordinance No. 12482, which

established a 45-day moratorium on large retail stores with more than I 00,000 of total sales floor

area and more than 10% of this sales floor area devoted to non-taxable merchandise (Attachment

B). On May 20, 2003, an ordinance to extend the moratorium for an additional ten and a half

months and to further study the implementation of more permanent controls was favored by six

of the seven councilpersons present, though it failed to meet the 4/5ths of total Council vote

required for passage of an urgency ordinance.

 

While similar in size to other large-scale retailers and to wholesale membership clubs, large-

scale combined retail and grocery stores, also referred to as "big box grocers," or 11  superstores,"

can generate an intensity of impact that, at the minimum, warrants special review and

consideration, and in some areas of the city, warrants prohibition.  Because of the particular

combination of uses they include, these stores generate high traffic volumes and present a major

threat to the vitality of Oakland's neighborhood-serving commercial districts.  These impacts are

discussed further in the "Key Issues and Impacts" section of this report.

 

Item.

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September 23, 2003

 

 

Deborah Edgerly

September 23, 2003 Page No. 3

 

Establishments that combine discount retail sales and full service groceries in giant "superstores"

are the fastest growing sector of the grocery market.  While a national trend, the growth of these

superstores is also becoming a national concern.  Dozens of local jurisdictions have enacted

ordinances that either completely prohibit new stores over a certain size or require special

permits or impact studies (see Attachment D).  Most of these laws were designed to help sustain

the vitality of small-scale, pedestrian-oriented shopping districts.  California jurisdictions that

have recently enacted prohibitions include the Cities of San Luis Obispo, Arroyo Grande, and

Martinez, as well as Contra Costa County.

 

The proposed text amendment will be brought before the City Planning Commission on

September 17, 2003, and any recommendations from the Planning Commission will be

forwarded to the City Council as a supplement to this report.

 

KEY ISSUES AND IMPACTS

 

Neighborhood Commercial Areas

 

Oakland contains a number of neighborhood commercial districts, such as the Laurel, Dimond,

Fruitvale, Rockridge, Piedmont Avenue, Telegraph Avenue, Montclair, and Grand Lake districts.

The business and surrounding residential communities have often rallied for zoning regulations

that protect the small-scale retail character of the districts.  These local commercial areas remain

viable in part because they provide for a range of consumer needs, and include businesses such

as supermarkets that allow residents to buy essential goods.  For example, the Laurel District

along MacArthur Boulevard includes a supen-narket, bank, and hardware store, as well as small-

scale retail establishments, restaurants, and other businesses.

 

The City of Oakland has policies and programs to promote the vitality of neighborhood

commercial districts.  The Land Use and Transportation Element of the Oakland General Plan

includes policies for maintaining the vitality of neighborhood commercial districts serving a

range of consumer needs.  The City's Neighborhood and Commercial Revitalization program

includes business attraction and retention efforts, as well as a grant program for commercial

fagade improvements, while the Blight Abatement program includes clean-up and enforcement

activities for blighted and undermaintained properties.

 

The establishment of large-scale combined retail and grocery stores in Oakland could negatively

impact the economic viability of the city's local commercial districts by drawing sales away

from traditional supermarkets located in the districts.  While other types of large stores can also

draw away sales, big box grocers present a unique threat because of the inclusion of discount

retail and fijll-service grocery under one roof.  Industry and academic studies indicate that the

greatest loss from traditional grocery stores comes from the big box grocers.  A study on the

impact of big box grocers in Southern California concluded: "Free-standing food stores would

likely yield market share [to Big Box Grocers] and in some cases become vacant, while taxable

sales from grocery operations would shift to locations that are much more prone to the impacts of

 

Item

C&ED Committee

September 23, 2003

 

 

Deborah Edgerly

September 23, 2003 Page No. 4

 

regional business cycles."' Another study performed by AC Nielsen U.S. on 2001 Wal-Mart

supercenter sales growth found that "the majority of sales growth at Wal-Mart supercenters - 72

percent - came from a 'direct shift of dollars that had previously gone to other channels.' Of that

majority 'channel shift' revenue growth, almost one third came from supermarkets. , 2

 

Where a grocery store serves as an anchor to a local commercial district, the presence of a big

box grocer in the city can threaten the viability of the entire commercial district.  The proposed

text amendment, by prohibiting large-scale combined retail and grocery stores in some

commercial zones and requiring a conditional use permit in others, can serve as a means for

protecting Oakland's local shopping districts.

 

Industrial land preservation

 

Retail uses are currently prohibited in the M-10 zone and require a conditional use permit if they

have more than 3,000 square feet of floor area in the M-20, M-30, and M-40 zones.  The existing

limitations on retail uses are intended to preserve the integrity of Oakland's industrial areas by

protecting them from shopping traffic incursion and from conversion to other uses through land

bidding competition, as non-industrial uses can typically pay more per square foot for land.  The

proposed regulations do not alter these existing restrictions on retail uses in manufacturing zones.

The proposal to add a category called "Large-Scale Combined Retail and Grocery Sales" and

require a conditional use permit for this use in manufacturing zones is consistent with existing

regulations, and continues to protect industrial lands from inappropriate land conversion and

traffic incursion.

 

Traffic and traristiortation

 

Large-scale combined retail and grocery stores can negatively impact traffic congestion and

transportation mode split (the proportion of trips by different modes of transportation, such as

automobiles, transit, biking, and walking).  Big box grocers have particularly high transportation

impacts because of the frequency of grocery trips combined with the scale of the establishments.

The typical household makes more frequent trips to the grocery store than to a general retail

store.  The typical household also makes more frequent trips to a grocery store than to a

warehouse membership club, which primarily sells bulk food items that are purchased on a more

occasional basis.  The proposed text amendment, by requiring a conditional use permit for large-

scale combined retail and grocery sales, will allow the City to consider potential transportation

impacts in determining whether an individual store location is appropriate.  The April 8, 2003

report to the Oakland City Council (Attachment A) on the interim moratorium employs figures

 

' The Impact of Big Box Grocers on Southern California: Jobs, Wages and Municipal Finance, Prepared for the

Orange County Business Council By Marlon Boarnet, Ph.D., Associate Professor UC Irvine and Randall Crane,

Ph.D., Associate Professor UCLA (September 1999)

Economic Analysis of the Proposed Fremont Wal-Mart: Short and Long Term Impacts on Retail andEconomic

Development, Prepared for,rhe United Food and Commercial Workers Union, Local 870 by Strategic Economics

(March 2003)

 

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September 23, 2003

 

 

Deborah Edgerly

September 23, 2003 Page No. 5

 

from the Institute of Transportation Engineers' Trip Generation manual, a compilation of traffic

generation studies, to show that big box grocers are likely to generate more traffic on a daily or

weekly basis than other types of large stores.  The projections in this table factor the average

number of trips generated per I 000 square feet by the average store size.

 

Retail attraction and economic development goals

 

The City of Oakland is actively engaged in attracting businesses, including large retail

businesses, to Oakland.  Oakland has fewer large retail stores than nearby cities like San Leandro

and Emeryville, and in effect, loses potential sales activity to these nearby cities.  In addition,

there is a need for more and better grocery stores in certain parts of the city that are currently

underserved.  The proposed ordinance is not intended to discourage the establishment of either

retail stores or grocery stores, but instead targets a particular form of store which because of its

potential for creating high negative impacts to the community, merits special evaluation.

 

The proposed regulation applies only to large-scale combined retail and grocery sales.  It would

not apply to any other type of large retail establishment without a full-service grocery

component, a regular grocery supermarket, a membership store, or a multi-vendor market.

 

The Oakland General Plan calls for strengthening Oakland's economic and job base.  While not

directly a land use issue, it is important to note that the presence of big box grocers tends to

depress wages.  A study of the impacts of big box grocers in Southern California found that

wages and benefits at traditional supen-narkets are generally fairly good, while at discount retail

establishments, wages are lower and benefits more limited.  When business is diverted from

traditional grocery supermarkets to combined discount retail/grocery establishments, higher-

wage jobs are converted to low-wage jobs, as the big box grocers tend to pay their grocery

personnel the lower retail wages.  The study concludes: "because of differences in pay and

benefits in the discount retail and grocery sectors, a shift from traditional grocery stores to

supercenters creates the very real risk that high wage jobs will be replaced with low wage jobs .,, 3

 

General Plan Conformity

 

The 1998 Land Use & Transportation Element (LUTE) of the Oakland General Plan, and its

subcomponent, the Estuary Policy Plan, contain objectives and policies that promote the

maintenance and enhancement of Oakland's neighborhood-serving commercial areas:

 

Objective NI: Providefor healthy, vital, and accessible commercial areas that help meet

local consumer needs in the neighborhoods.

 

Policy I10A The vitalii@y of exisling neighborhood mixed use and community

commercial areas should be strengthened andpreserved.

 

The Impact of Big Box Grocers on Southern California: Jobs, Wages and Municipal Finance (September 1999).

 

Item.  S

C&ED Committee

September 23, 2003

 

 

Deborah Edgerly

September 23, 2003 Page No. 6

 

 

Policy T2.3: Promote neighborhood-serving commercial development within one-

quarter lo one-hal(mile of established transit routes and nodes.

 

The establishment of large-scale combined retail and grocery establishments can threaten the

vitality and viability of Oakland's neighborhood shopping districts, particularly if they draw

grocery sales away from traditional supermarkets located in the districts. Many of the local

commercial districts are "anchored" by a grocery store that allow local residents to buy day-to-

day essentials, and while in the neighborhood, patronize other local businesses.  Studies indicate

that the "big box grocers" draw significant sales away from traditional supermarkets.  The

proposed text amendment, by prohibiting large-scale combined retail and grocery stores in some

commercial zones and only conditionally permitting them in others, can serve as a means for

protecting Oakland's local shopping districts.

 

The General Plan also contains objectives to increase the use of alternative modes of

transportation and minimize automobile use and associated air pollution:

 

Objective T4: Increase use of alternative modes of transportation.

 

Objective T7: Reduce air pollutants caused by vehicles.

 

Allowing the establishment of large-scale combined retail/grocery stores in Oakland could

contravene the above transportation policies.  Because of their massive scale, big box grocers

typically occupy large sites and have large parking lots, and are not typically located in areas

with close and convenient pedestrian connections, which discourages pedestrian and transit trips

to the site.  While the foregoing can be said of any large-scale store - including general retail,

home furnishing, and home improvement stores - the big box grocers tend to generate even more

traffic than other large stores because the full-service grocery component encourages more

frequent trips.

 

Precedence

 

A number of other jurisdictions, including several cities in California, have adopted ordinances

prohibiting the establishment of large-scale retail stores or combined retail/grocery stores or

requiring special impact studies or review (see Attachment D).  Ordinances in Contra Costa

County and the Cities of Martinez and Arroyo Grande all specify a maximum size threshold and

a maximum percentage of sales floor area that may be devoted to the sale of non-taxable

merchandise. Like the proposed ordinance, Contra Costa County's ordinance excludes

membership warehouse clubs from these restrictions.  A legal analysis from the Nevada Anomey

General's Office in response to 1999 Clark County legislation prohibiting new retail stores over

I I 0,000 square feet and more than 2% of sales floor area devoted to grocery sales found that the

County had the authority to regulate such stores under its police powers and zoning powers.

 

 

 

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September 23, 2003

 

 

Deborah Edgerly

September 23, 2003 Page No. 7

 

Alternatives

 

An alternative to the recommended approach would be to completely prohibit "Large-Scale

Combined Retail and Grocery Sales Commercial Activities" in Oakland.  Complete prohibition

would make it easier to prevent the establishment of a big box grocery store.  However, the

conditional use permit procedure allows evaluation of projects on a case-by-case basis, and also

establishes a discretionary permit process that will ensure that most such establishments will go

through environmental review under CEQA for a full analysis of potential impacts.  While the

establishment of a big box grocer in Oakland is generally not desirable due to the amount of

traffic generation and the impacts on local retail districts, the retail and grocery industry is in a

process of change and could take an unforeseen form.  The conditional use permit procedure

allows for some flexibility in implementation, the ability to consider the impacts and

appropriateness of a particular project, and for future changes in the industry.

 

PROJECT DESCRIPTION

 

The proposed project is an amendment to the Oakland Planning Code (zoning ordinance) to add

a new land use classification called "Large-Scale Combined Retail and Grocery Sales

Commercial Activities" and specify where this use is permitted, conditionally permitted, and

prohibited.  The proposed classification describes stores with over 100,000 square feet of sales

floor area and more than IO% of this sales floor area devoted to the sale of non-taxable goods,

such as groceries.  These stores, also referred to as "big box grocers," typically combine discount

general merchandise and full-service grocery sales under one roof. The proposed new

classification would not affect large retail establishments that do not include a sizable grocery

component.  The proposed definition also does not include membership clubs that typically sell

in bulk to both businesses and individual households.  "Large-Scale Combined Retail and

Grocery Sales" activities are distinguished from these other commercial uses because they have

the potential to create particularly high impacts on traffic and transportation, and on the vitality

of neighborhood commercial districts.

 

The proposed text amendment would require a conditional use permit for "Large-Scale

Combined Retail and Grocery Sales" in the C-20, C-30, C-35, C-36, C-40, C-45, C-51, C-55, M-

20, M-30, M-40, S-2, S- 1 6, and S- 1 9 zones.  These are the higher-intensity or more regionally-

serving commercial zones, the light to heavy manufacturing zones, and certain "special" zones

that govern land uses.  Some of these zones already require a conditional use permit for all retail

uses or for those over a certain size; in these areas, the proposed amendment does not represent a

change to existing policy.  For example, a conditional use permit is already required for retail

sales in the S-2 zone, which is intended for areas devoted to government offices and other major

public facilities.  In the M-20, M-30 and M-40 zones, the existing code requires a conditional use

permit for any retail sales establishment over 3,000 square feet.  The S-19 zone requires a

conditional use permit for retail sales over 10,000 square feet.  In the C-51 and C-55 zones, any

new project with over 100,000 square feet requires a use permit. (See Attachment C for a

detailed comparison of existing and proposed regulations.)

 

 

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September 23, 2003

 

 

Deborah Edgerly

September 23, 2003 Page No. 8

 

"Large-Scale Combined Retail and Grocery Sales" activities would be prohibited in the

following commercial zones that are intended to create and enhance locally-oriented commercial

districts: C-5, C-10, C-27, C-28, and C-31.  The proposed regulation would also prohibit such

uses in the C-25 zone, which is intended for office uses, and the C-52, which is a downtown

historic area emphasizing pedestrian shopping.  The proposed regulation would also prohibit big

box grocers in the S-15 zone, which is intended to create a pedestrian-friendly environment and

encourage transit ridership near major transit stations.  "Large-Scale Combined Retail and

Grocery Sales" would also be prohibited in the S-1, S-3, C-60 and M-10 zones.  In these zones,

General Retail Sales are already prohibited, so the proposed project does not represent a change

to existing policy.

 

The proposed regulations would apply to new establishment or expansion of or conversion of an

existing use to "Large Scale Combined Retail and Grocery Sales."

 

SUSTAINABLE OPPORTUNITIES

 

The following sustainable opportunities are associated with the proposed interim ordinance:

 

Economic: The proposed ordinance supports the retention and strengthening of local

retail and neighborhood-serving commercial areas.  A potential indirect impact of the

proposed ordinance could be the preservation of higher wage jobs for Oakland workers.

Large-scale combined retail/grocery stores tend to displace sales at traditional

supermarkets, and when this happens. higher-wage jobs can be replaced by lower-wage

jobs or those with more limited benefits.  The proposed project provides a process for

reviewing the potential impacts of any large-scale combined retail and grocery store.

 

Environmental: As described in the April 8, 2003 report to Council (Attachment A),

large combined retail/grocery establishments generate significant automobile traffic and

can contribute to traffic congestion and overall vehicles miles traveled.  Both traffic

congestion and overall vehicle miles contribute to air pollution.  The proposed regulation,

by prohibiting big box grocers in certain zones and requiring a conditional use permit in

others, will ensure that the transportation and environmental impacts of any proposed

superstore can be thoroughly analyzed and considered.  The conditional use permit

process gives the City the discretion to deny an application that does not meet the

established use permit criteria.

 

Social Equit : A potential indirect effect of the proposed ordinance could be

preservation of higher wage and benefit jobs for Oakland workers.  The aforementioned

study of big box grocers in Southern California finds that discount retail chains that

operate supercenters typically offer much less comprehensive health care coverage than

major California grocery chains.

 

 

 

 

Item.

C&ED Committee

September 23, 2003

 

 

Deborah Edgerly

September 23, 2003 Page No. 9

 

 

 

DISABILITY AND SENIOR CITIZEN ACCESS

 

The proposed text amendment will not impact disability and senior citizen access.

 

RECOMMENDATION AND RATIONALE

Due to the degree of negative impacts that large-scale combined retail and grocery stores may have

on transportation mode split, traffic congestion and associated air pollution, and on the vitality of

Oakland's neighborhood commercial districts, staff recommends adopting the proposed text

amendment prohibiting "Large-Scale Combined Retail and Grocery Sales Commercial

Activities" in the C-5, C-10, C-25, C-27, C-28, C-31, C-52, C-60, M-10, S-1, S-3, and S-15

zones and requiring a conditional use permit for such activities in the C-20, C-30, C-35, C-36, C-

40, C-45, C-5 1, C-55, M-20, M-30, M-40, S-2, S- 16, and S- 1 9 zones.

 

ACTION REQUESTED OF THE CITY COUNCIL

 

Staff recommends that the City Council:

 

1. Affirm staff's envirom-nental determination.

 

2. Adopt the attached proposed ordinance.

 

Respectfully submitted,

 

 

1, , A.

Claudia Cappio, it

Director of Development

 

Prepared by:

Heather Coleman, Planner III

Community and Economic Development Agency

Planning and Zoning Division

 

 

 

 

 

 

 

 

Item. so

C&ED Committee

September 23, 2003

 

 

Deborah Edgerly

September 23, 2003 Page No. IO

 

APPROVED AND FORWARDED TO

THE COMMUNITY AND ECONOMIC

DEVELOPMENT COMMITTEE:

 

 

 

OFFICE OF THE CITY MAPAG@R

 

 

 

 

Attachments:

A. City Council Agcnda Report, April 8, 2003

B. Ordinance No. 12482, April 8, 2003

C. Existing and Proposed Regulations for Large-Scale Combined Retail and Grocery Sales

D. Cities and Counties Limiting Large-Scale Stores

 

 

 

 

 

 

 

 

Item.

C&ED Committee

September 23, 2003

 

 

Z@@3 SE? 2'. 1

 

AYPROVED AS TO FORM AND LEGALITY

 

INTRODUCED BY COUNCILMEMBER

1@,@A@ORNE@

 

ORMNANCE NO. C.M.S.

 

 

AN ORDINANCE AMENDING THE OAKLAND PLANNING

CODE TO DEFINE "LARGE-SCALE COMBINED RETAIL AND

GROCERY SALES COMMERCIAL ACTIVITIES"; REQUIRE A

CONDITIONAL USE PERMIT FOR THIS ACTIVITY TYPE IN

CERTAIN COMMERCIAL, MANUFACTURING, AND SPECIAL

ZONES; AND PROHIBIT THIS ACTIVITY TYPE IN OTHER

COMMERCIAL, MANUFACTURING AND SPECIAL ZONES

 

 

 

WHEREAS, the Land Use and Transportation Element of the Oakland General

Plan was adopted by the Oakland City Council in March, 1998 to guide future land use

and development in the city; and

 

WHEREAS, the Estuary Policy Plan, a component of the Land Use and

Transportation Element, was adopted by the Oakland City Council in 1999 to provide a

framework for future land use and development of the area between Adeline Street, the

Nimitz Freeway, 66'h Avenue, and the Estuary shoreline; and

 

WHEREAS, the Land Use and Transportation Element and the Estuary Policy

Plan contain goals, objectives, and policies that promote: maintaining and enhancing the

vitality of existing neighborhood commercial areas (Policyf/C3.4; Policy T2,.3, Objective

f/Cl. 1; Objective NI); reducing air pollutants generated by automobile traffic (Objective

T7); and encouraging the use of alternative modes of transportation (Objective T4); and

 

WHEREAS, recent academic studies and industry reports document a growing

trend in which large discount retailers are combining retail sales with full-service grocery

sales in "superstores," and a number of recent studies document the negative impact of

such "superstores" on existing retail and grocery establishments and the vitality of local

commercial districts@ and

 

WHEREAS, large-scale retail stores that devote a substantial portion of their

floor area to the sale of non-taxable items can generate significant traffic volumes,

aggravate traffic congestion and increase associated impacts such as air pollution, and

discourage pedestrian travel and other alternative modes of transportation; and

 

 

 

Item 0

 

CED Committee

 

SePtember 23, 2003

 

 

WHEREAS, the establishment of large-scale combined retail and grocery stores

in Oakland may have negative impacts on existing neighborhood-serving commercial

areas by e-directing business to large retail centers; and on traffic and air quality by

increasing the number of vehicle miles traveled; and

 

WHEREAS, such potential impacts conflict with olicies and objectives of the

Lnd Use and Transportation Element ad the Estuary Polcy Plan; and

 

WEREA, in certai cornmercial and industrial zones, the Oakland Planning

Code currently permits retail sales activities outright, with no limit on the floor area of a

single establishment and no specific limit on the amount of floor area devoted to non-

taxable grocery items; and

 

WHEREAS, in order to evaluate the land use compatibility and potential impacts

of any proposal for the establishment or expansion of, or conversion of an existing store

to a large-scale combined retail and grocery store, a discretionary review process is

needed;and

 

WHEREAS, in some locations, large-scale combined retail and grocery sales

establishments are simply incompatible with surrounding land uses and the intent of the

zoning district, and should be prohibited outright; and

 

WHEREAS, the requirements of the California Environmental Quality Act

(CEQA) of 1970, as prescribed by the Secretary of Resources, and the City of Oakland's

environmental review requirements have been satisfied because in accordance with the

"General Rule" of Section 15061(b)(3) of the California Code of Regulations, this

ordinance is exempt from the provisions of CEQA because it presents no potential

significant effect on the environment; and

 

WHEREAS, the City Council finds and determines that the public safety, health,

convenience, comfort, prosperity, and general welfare will be furthered by this ordinance,

 

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF

OAKLAND does ordain as follows:

 

SECTION 1. The City Council finds and determines the foregoing recitals to be

true and correct and hereby makes them a part of this ordinance.

 

SECTION 2. The City Council finds and determines, for the reasons stated in the

recitals, the adoption of this ordinance is exempt from CEQA under Sections

1506 1 (b)(3), and 15307 of the State CEQA Guidelines.

 

SECTION 3. The Oakland Planning Code is hereby amended to add, delete, or

modify sections as set forth below.  Section numbers and titles are indicated in bold type,

additions are indicated by underlining, and deletions are indicated by strike out t@ve.

 

 

 

- 1) -

 

 

Portions of the code not cited, or not shown in underline or strike-out type, are not

changed:

 

Chapter 17.09 DEFINITIONS

 

17.09.040 Definitions.

 

"Sales Floor Area" means interior building space devoted to the sale of merchandise, but

excludes restroorris, office space, storaize space, automobile service areas, or open-ai

garden sales space.  For the pwTose of determining the total sales floor area of a single

business establishment, the aggregate sLiuare footage of all adiacent stores that share

common check stands, management, a controlling ownership interest, warehouses, or

distribution facilities shall be considered a single business establishment.

 

"Non-taxable Merchandise" means products, commodities, or items not subiect t

California state sales tax.

 

Chapter 17.10 USE CLASSIFICATIONS

 

17.10.340 General Retail Sales Commercial Activities.

 

General Retail Sales Commercial Activities include the retail sale or rental from the

premises, primarily for personal or household use, of goods consisting primarily of items

other than food and beverages and those convenience items described in Section

17.10.3 10; but exclude sale or rental of motor vehicles, except for parts and accessories,

and sale of materials used in construction of buildings or other structures, except for

paint, fixtures, and hardware.  They also exclude Large-Scale Combined Retail and

Grocery Sales Commercial Activities, as defined in Section 17.10.345. They also include

certain activities accessory to the above, as specified in Section 17.10.040. (Prior

planning code  2367)

 

17.10.345 Lar2e-Scale Combined Retail and Grocery Sales Commercial Activities.

 

Large-Scale Combined Retail and Grocery Sales Commercial Activities include the retail

sale from the premises of goods and merchandise, primarily for personal or household

use, from stores whose total sales floor area exceeds 100,000 square feet and which

devote more than 10% of sales floor area to the sale of non-taxable merchandise, bu

exclude wholesale clubs or other establishments selling primarily bulk merchandise and

charging membership dues or otherwise restricting merchandise sales to customers

Vavinjz a periodic access fee.  This classification excludes the sale or rental of motor

vehicles, except for parts and accessories, and the sale of materials used in construction

of buildinizs or other structures, except for paint, fixtures, and hardware.  This

classification includes certain activities accessory to the above, as specified in Section

17.10.040.

 

 

 

 

3 -

 

 

Chapter 17.38 C-20 SHOPPING CENTER COMMERCIAL ZONE

REGULATIONS

 

17.38.040 Conclitioually permitted activities.

 

The following activities, as described in the use classifications in Chapter 17. 10, may be

pennitted upon the granting of a conditional use permit pursuant to the conditional use

permit procedure in Chapter 17.134:

A. Residential Activities:

Pen-nanent

Residential Care

Service-Enriched Permanent Housing

Transitional Housing

B. Civic Activities:

Nursing Home

Residential Care

Health Care

Utility and Vehicular

Extensive Impact

C. Commercial Activities:

Convenience Market

Fast Food Restaurant

Alcoholic Beverage Sales

Mechanical or Electronic Games, subject to the provisions of Section

17.102.2 1 OC

Large-Scale Combined Retail and Grocery Sales

Consumer Laundry and Repair Service

Group Assembly

Administrative

Automotive Servicing

Automotive Repair and Cleaning

Automotive Fee Parking

Animal Care

D. Agricultural and Extractive Activities:

Plant Nursery

Crop and Animal Raising

E. Off-street parking serving activities other than those listed above or in Section

17.38.030, subject to the conditions set forth in Section 17.102.100.

F. Additional activities which are permitted of conditionally permitted in an

adjacent zone, on lots near the boundary thereof, subject to the conditions set

forth in Section 17.102.1 1 0 (Ord. 12138  5 (part), 1999; prior planning code 

4304).

 

Chapter 17.46 C-30 DISTRICT THOROGHFARE COMMERCIAL ZONE

REGULATIONS

 

 

 

4 -

 

 

17.46.060 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:

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:

Extensive Impact

Utility and Vehicular (communications equipment installations and

exchanges, only)

Special Health Care Civic Activities

C. Commercial Activities:

Convenience Market

Fast Food Restaurant

Alcoholic Beverage Sales

Mechanical or Electronic Games, subject to the provisions of Section

17.102.210C

Large-Scale Combined Retail and Grocery Sales

Group Assembly

General Wholesale Sales

Automotive Servicing

Automotive Repair and Cleaning

Animal Care

D. Manufacturing Activities:

Custom

E. Agricultural and Extractive Activities:

Plant Nursery

F. 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 17.102.1 10 (Ord. 12138  5 (part), 1999; Ord. 11854  4, 1996;

prior planning code  4454).

 

 

Chapter 17.50 C-35 DISTRICT SHOPPING COMMERCIAL ZONE

REGULATIONS

 

17.50.060 Conditionally permitted activities.

 

The following activities, as described in the use classifications in Chapter 17. 1 0, may be

permitted upon the granting of a conditional use permit pursuant to the conditional use

permit procedure in Chapter 17.134:

 

 

- 5 -

 

 

A. Residential Activities:

Residential Care, except when occupying a One-Family Dwelling

Residential Facility

Service-Enriched Permanent Housing

Transitional Housim,

Emergency Shelter

B. Civic Activities:

Utility and Vehicular

Extensive Impact

Special Health Care Civic Activities

C. Commercial Activities:

Convenience Market

Fast Food Restaurant

Alcoholic Beverage Sales

Mechanical or Electronic Games, subject to the provisions of Section

17.102.210C

Large-Scale Combined Retail and Grocery Sales

Group Assembly

General Wholesale Sales

Automotive Servicing

Automotive Repair and Cleaning

Automotive Fee Parking

Animal Care

D. Manufacturing Activities:

Custom

E. Agricultural and Extractive Activities:

Plant Nursery

Crop and Animal Raising

F. Off-street parking serving activities other than those listed above or in Section

17.50.050, subject to the conditions set forth in Section 17.102. 1 00.

F. Additional activities which are permitted of conditionally permitted in an

adjacent zone, on lots near the boundary thereof, subject to the conditions set

forth in Section 17.102.1 10 (Ord. 12138  5 (part), 1999; prior planning code 

4504).

 

Chapter 17.52 C-36 GATEWAY BOULEVARD SERVICE COMMERCIAL ZONE

REGULATIONS

 

17.52.060 Conditionally permitted activities.

 

The following activities, as described in the use classifications ill Chapter 1 7. 1 0, may be

permitted upon the granting of a conditional use pen-nit pursuant to the conditional use

permit procedure in Chapter 17.134:

A. Civic Activities:

Utility and Vehicular

Extensive Impact

 

 

6 -

 

 

Nonassembly Cultural

B. Commercial Activities:

Convenience Market

Fast-Food Restaurant

Alcoholic Beverage Sales

Mechanical or Electronic Games, subject to the provisions of Section

17.102.210C

Large-Scale Combined Retail and Grocery Sales

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

C. Agricultural and Extractive Activities:

Crop and Animal Raising

D. Manufacturing Activities:

Custom, Light, and General, but limited to properties without frontage on

Hegenberger Road

E. 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. 1 00.

F. Additional activities which are permitted or conditionally pen-nitted in an

adjacent zone, on lots near the boundary thereof, subject to the conditions set

forth in Section 17.102.1 10.

G. 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)

 

 

Chapter 17.54 C-40 COMMUNITY THOROUGHFARE COMMERCIAL ZONE

REGULATUIONS

 

17.54.060 Conditionally permitted activities.

 

The following activities, as described in the use classifications in Chapter 17. 1 0.

may be pennitted upon the granting of a conditional use permit pursuant to the

conditional use permit procedure in Chapter 17.134:

 

 

 

- 7 -

 

 

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:

Extensive Impact

Utility and Vehicular (corninunications equipment installations and

exchanges, only)

Special Health Care Civic Activities

C. Commercial Activities:

Convenience Market

Fast-Food Restaurant

Alcoholic Beverage Sales

Mechanical or Electronic Gaines, subject to the provisions of Section

17.102.21 OC

Large-Scale Combined Retail and Grocery Sale

Group Assembly

Transient Habitation

Animal Care

Undertaking Service

D. Manufacturing Activities:

Light

E. Agricultural and Extractive Activities:

Plant Nursery

Crop and Animal Raising

F. Additional activities which are permitted of conditionally permitted in an

adjacent zone, on lots near the boundary thereof, subject to the conditions set

forth in Section 17.102.1 10. (Ord. 12450  9, 2002; Ord. 12138  5 (part),

1999; Ord. 11854  6, 1996; prior planning code  4554)

 

Chapter 17.56 C-45 COMMUNITY SHOPPING COMMERCIAL RIEGULATIONS

 

17.56.060 Conditionally permitted activities.

The following activities, as described in the use classifications in Chapter 17.10, maybe

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:

 

 

8 -

 

 

Utility and Vehicular

Extensive Impact

Special Health Care Civic Activities

C. Commercial Activities:

Conven=ience Market

Fast-Food Restaurant

Alcoholic Beverage Sales

Mechanical or Electronic Games, subject to the provisions of Section

17.102.2 1 OC

Large-Scale Combined Retail and Grocery Sales

Group Assembly

General Wholesale Sales

Transient Habitation

Automotive Sales, Rental, and Delivery

Automotive Servicing

Automotive Repair and Cleaning

Automotive Fee Parking

Animal Care

Undertaking Service

D. Manufacturing Activities

Light

E. Agricultural and Extractive Activities:

Plant Nursery

Crop and Animal Raising

F. Off-street parking serving activities other than those listed above or in Section

17.56.050, subject to the conditions set forth in Section 17.102.100.

G. 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 17.102.1 10. (Ord. 12138  5 (part), 1999; prior planning code  4604)

 

 

Chapter 17.58 C-51 CENTRAL BUSINESS SERVICE COMMERCIAL ZONE

 

17.58.060 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:

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:

Extensive Impact

 

 

 

9 -

 

 

Utility and Vehicular (communications equipment installations and

exchanges, only)

Special Health Care Civic Activities

C. Commercial Activities:

Convenience Market

Fast-Food Restaurant

Alcoholic Beverage Sales

Mechanical or Electronic Games, subject to the provisions of Section

17.102.2 1 OC

Large-Scale Combined Retail and Grocery Sales

Automotive Sales, Rental, and Delivery

Automotive Servicing

Automotive Repair and Cleaning

Automotive Fee Parking

Animal Care

Undertaking Service

Transient Habitation, subject to the provisions of Section 17.102.370

D. Manufacturing Activities

Light

E. Agricultural and Extractive Activities

Plant Nursery

Crop and Animal Raising

F. Off-street parking serving activities other than those listed above or in Section

17.58.050, subject to the conditions set forth in Section 17.102.100.

G. 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 17.102.1 10. (Ord. 12266  5 (part), 2000; Ord. 12138  5

(part), 1999; Ord. 11854  8, 1996; prior planning code  4829)

 

Chapter 17.62 C-55 CENTRAL CORE COMMERCIAL ZONE REGULATIONS

 

17.62.060 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:

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

Special Health Care Civic Activities

C. Commercial Activities:

 

 

- 10 -

 

 

Convenience Market

Fast-Food Restaurant

Alcoholic Beverage Sales

Mechanical or Electronic Games, subject to the provisions of Section

17.102.21 OC

Large-Scale Combined Retail and Grocery Sales

General Wholesale Sales

Automotive Sales, Rental, and Delivery

Automotive Servicing

Automotive Fee Parking

Animal Care

Undertaking Service

Transient Habitation, subject to the provisions of Section 17.102.370

D. Manufacturing Activities

Light

E. Agricultural and Extractive Activities

Crop and Animal Raising

F. Off-street parking serving activities other than those listed above or in Section

17.62.050, subject to the conditions set forth in Section 17.102. 1 00.

G. Additional activities which are pennitted or conditionally permitted in an

adjacent zone, on lots near the boundary thereof, subject to the conditions set

forth in Section 17. 1021. 1 1 0. (Ord. 12266  5 (part), 2000; Ord. 12138  5

(part), 1999; prior planning code  4879)

 

Chapter 17.68 M-20 LIGHT INDUSTRIAL ZONE REGULATIONS

 

17.68.040 Conditionally permitted activities.

The following activities, as described in the use classifications in Chapter 17. 1 0, may be

pennitted upon the granting of a conditional use permit pursuant to the conditional use

permit procedure in Chapter 17.134:

A. Civic Activities:

Community Assembly

Community Education

Utility and Vehicular

Extensive Impact

Special Health Care Civic Activities

B. Commercial Activities:

Convenience Market

Fast-Food Restaurant

Alcoholic Beverage Sales

Large-Scale Combined Retail and Grocery Sales

Consumer Laundry and Repair Service

Retail Business Supply

Construction Sales and Service

Automotive Servicing

Transport and Warehousing, except as provided in Section 17.102.21 OF

 

 

- I I -

 

 

Animal Care

Scrap Operation, except as provided in Section 17.102.21 OF

C. Manufacturing Activities:

Custom -- when located within one hundred fifly (150) feet of residential

zones

Light -- when located within one hundred fifty (I 50) feet of residential

zones

General, provided that electroplating activities shall also be subject to the

provisions of Section 17.102.340

Small Scale Transfer and Storage Hazardous Waste Management when

located a minimum of 2,000 feet from a Residential Facility; such

facilities when located within 2,000 feet of a Residential Facility are

not permitted

D. Agricultural and Extractive Activities:

Plant Nursery

Crop and Animal Raising

Mining and Quarrying

E. 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 17.102.1 10. (Ord. 12450  15, 2002; Ord. 12147  3 (part),

1999; Ord. 12072  6, 1998; Ord.  I 1 956  4, 1996; prior plannting code  5604)

n

 

Chapter 17.70 M-30 GENERAL INDUSTRIAL ZONE REGULATIONS

 

17.70.040 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:

A. Civic Activities:

Community Assembly

Community Education

Extensive Impact

Utility and Vehicular (communications equipment installations and

exchanges, only)

Special Health Care Civic Activities

B. Commercial Activities:

Fast-Food Restaurant

Alcoholic Beverage Sales

Large-Scale Combined Retail and Grocery Sales

Consumer Laundry and Repair Service

Group Assembly

Automotive Sales, Rental, and Delivery

Animal Care

Scrap Operation, subject to the provisions of Section 17.102.21OF

C. Manufacturing Activities:

 

 

 

- 12 -

 

 

General, electroplating activities subject to the provisions of Section

17.102.340

Small Scale Transfer and Stora-e Hazardous Waste Management when

located a minimum of 2,000 feet from a Residential Facility; such

facilities when located within 2,000 feet of a Residential Facility are

not permitted

Industrial Transfer/Storage Hazardous Waste Management when located a

minimum of 2,000 feet from a Residential Facility; such facilities

when located within 2,000 feet of a Residential Facility are not

permitted

D. Agricultural and Extractive Activities:

Mining and Quarrying

E. Additional activities which are permitted or conditionally pen-nitted in an

adjacent zone, on lots near the boundary thereof, subject to the conditions set

forth in Section 17.102.1 10. (Ord. 12450  16, 2002; Ord. 12147  3 (part),

1999; Ord. 12072  8, 1998; Ord. 11956  6, 1996; Ord. 11854  12, 1996; prior

planning code  5704)

 

Chapter 17.72 M-40 HEAVY INDUSTRIAL ZONE REGULATIONS

 

17.72.040 Conditionally permitted activities.

The following activities, as described in the use classifications in Chapter 17. 1 0,

may be permitted upon the granting of a conditional use pen-nit pursuant to the

conditional use permit procedure in Chapter 17.134:

A. Civic Activities:

Community Assembly

Community Education

Extensive Impact

Utility and Vehicular (communications equipment installations and

exchanges, only)

Special Health Care Civic Activities

B. Commercial Activities:

Fast-Food Restaurant

Alcoholic Beverage Sales

Large-Scale Combined Retail and Grocery Sales

Consumer Laundry and Repair Service

Group Assembly

Animal Care

C. Manufacturing Activities:

General, electroplating activities subject to the provisions of Section

17.102.340

Heavy

Small Scale Transfer and Storage Hazardous Waste Management when

located a minimum of 2,000 feet from a Residential Facility; such

facilities when located within 2,000 feet of a Residential Facility are

not permitted

 

 

- 13 -

 

 

Industrial Transfer/Storage Hazardous Waste Management when located a

minimum of 2,000 feet from a Residential Facility; such facilities

when located within 2,000 feet of a Residential Facility are not

permitted

D. Agricultural and Extractive Activities:

Mining and Quarrying

E. 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 17.102.1 10. (Ord. 12450  17, 2002; Ord. 12147  3 (part),

1999; Ord. 12072  10, 1998; Ord. 11889  3, 1996: Ord. 11854  14, 1996;

prior planning code  5804)

 

Chapter 17.76 S-2 CIVIC CENTER ZONE REGULATIONS

 

17.76.060 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:

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:

Health Care

Utility and Vehicular

Extensive Impact

C. Commercial Activities:

General Food Sales

Convenience Market

Fast-Food Restaurant

Alcoholic Beverage Sales

Convenience Sales and Service

General Retail Sales

Large-Scale Combined Retail and Grocery Sales

General Personal Service

Consumer Laundry and Repair Service

Group Assembly

Business and Communication Service

Retail Business Supply

Research Service

Transient Habitation

Automotive Servicing

Automotive Fee Parking

 

 

 

- 14 -

 

 

D. Off-street parking serving activities other than those listed above or in Section

17.76.050, subject to the conditions set forth in Section 17.102.1 00.

E. Additional activities wNch are permitted or conditionally permitted in an

adjacent zone, on lots near the boundary thereof, subject to the conditions set

forth in Section 17.102.1 10. (Ord. 12138  5 (part), 1999; prior planning code

 6154)

 

 

Chapter 17.97 S-19 BROADWAY AUTO ROW INTERIM STUDY

COMBINING ZONE REGULATIONS

 

17.97.060 Conditionally permitted activities.

 

The following activities, as described in the use classifications Chapter 17. 1 0, may be

permitted upon the granting of a conditional use permit pursuant to the conditional use

permit procedure in Chapter 17.134:

A. Those Residential Activities listed below, subject to the provision for lots with

frontage along Broadway that all permitted residential activities shall be

allowed only in the floor levels above ground floor level and only if the ground

floor or any lot fronting on Broadway contains a civic, commercial, or

manufacturing activity as permitted or conditionally permitted under this

chapter; however, any pedestrian residential lobby and/or vehicular access ramp

serving the residential activity is permitted on the ground floor:

Residential Care, except when occupying a One-Family Dwelling

Residential Facility

Service-Enriched Permanent Housing

Transitional Housing

Emergency Shelter

B. Civic Activities:

Community Assembly with a floor area of over ten thousand (10,000)

square feet

Community Education with a floor area of over ten thousand (I 0,000)

square feet

Nonassembly Cultural with a floor area of over ten thousand (I 0,000)

square feet

Administrative with a floor area of over ten thousand (I 0,000) square feet

Health Care with a floor area over ten thousand (I 0,000) square feet

'Utility and Vehicular with a floor area of over ten thousand (10,000)

square feet -- however, if corm-nunications equipment installations and

exchanges, then any floor area

Extensive Impact

C. Commercial Activities:

General Food Sales with a floor area of over ten thousand (10,000) square

feet

General Retail Sales with a floor area of over ten thousand (10,000) square

feet

 

 

- 15 -

 

 

Large-Scale Combined Retail and Grocery Sales

General Personal Service with a floor area of over ten thousand (I 0,000)

square feet

Convenience Sales and Service with a floor area of over ten thousand

(10,000) square feet

Medical Service with a floor area of over ten thousand (I 0,000) square

feet

Consultative and Financial Service with a floor area over ten thousand

(10,000) square feet

Consumer Laundry and Repair Service with a floor area of over ten

thousand (10,000) square feet

Administrative with a floor area of over ten thousand (10,000) square feet

Business and Communication Service with a floor area of over ten

thousand (I 0,000) square feet

Retail Business Supply

Research Service

General Wholesale Sales

Construction Sales and Service

Automotive Fee Parking

Convenience Market

Fast-Food Restaurant

Alcoholic Beverage Sales

Mechanical or Electronic Games, subject to the provisions of Section

17.102.210C

Group Assembly

Transient Habitation

Animal Care

Undertaking Service

D. Manufacturing Activities:

Custom

Light

E. Agricultural and Extractive Activities:

Plant Nursery

Crop and Animal Raising

F. 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 17.102.1 10. (Ord. 12413  3, 2002)

 

Chapter 17.101 S-16 INDUSTRIAL-RESIDENTIAL TRANSITION

COMBINING ZONE REGULATIONS

 

17.101.050 Conditionally permitted activities.

 

The following activities. as described in the use classifications in Chapter 17.10, maybe

permitted upon the granting of a conditional use permit pursuant to the conditional use

permit procedure in Chapter 17.134 and the special regulations in Section 17.101.090:

 

 

- 16 -

 

 

A. Civic Activities:

Community Assembly

Community Education

Nonassembly Cultural (with more than ten thousand (I 0,000) square feet

of new gross floor area)

Administrative (with more than ten thousand (10,000) square feet of new

gross floor area)

Utility and Vehicular

B. Commercial Activities:

General Food Sales

Convenience Market (subject to provisions in Section 17.102.21 OA)

Mechanical or Electronic Games (subject to provisions in Section

17.102.21 OC)

Medical Service

Large-Scale Combined Retail and Grocery Sales

Consumer Laundry and Repair ServiceGroup Assembly

Research Service (with more than ten thousand (10,000) square feet of

new gross floor area)

General Wholesale Sales (with less than fifty thousand (50,000) suare

feet of gross floor area)

Construction Sales and ServiceAutomotive Fee Parkin

Animal CareC. Manufaturing Activities:

Custom (with more than ten thousand (I 0,000) square feet of new gross

floor area)

Light (with more than ten thousand (10,000) square feet of new gross floor

area)

D. Agricultural and Extractive Activities:

Plant Nursery

E. Accessory Activities:

Joint Living and Working Quarters (as defined in Section 17. tO.040C and

subject to the provisions in Section 17.102.190 and the special

regulations in Section 17.101.090A.)

Open Storage

(Ord. 12289  3 (part), 2000)

 

SECTION 4.  Except as specifically set forth herein, this ordinance suspends and

supercedes all conflicting resolutions, ordinances, plans, codes, laws, and regulations.

 

SECTION 5.  If any section, subsection, sentence, clause or phrase of this

Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such

decision shall not affect the validity of the remaining portions of this ordinance.  The City

Council declares that it would have adopted this Ordinance and each section, subsection,

 

 

 

- 17 -

 

 

sentence, clause and phrase thereof, irrespective of the fact that any one or more section,

subsection, sentence, clause, or phrase be declared invalid.

 

SECTION 6. This ordinance shall become effective as provided in Section 216

of the City Charter.  This ordinance shall be published once with the names of the City

Council Members voting for and against it in the Oakland Tribune, a newspaper which is

published in this City and in Alameda County.

 

 

In Council, Oakland, Cali fornia, , Passed By The Following

 

Vote:

 

 

 

AYES-

 

 

NOTES-

 

 

ABSENT-

 

 

ABSTENTION-

 

 

 

 ATTEST:

CEDA FLOYD

City Clerk and Clerk of the Council

of the City of Oakland, California

 

 

AN ORDINANCE AMENDINGTHE OAKLAND PLANNING CODE TO DEFINE

"LARGE-SCALE COMBINED RETAIL AND GROCERY SALES

COMMERCIAL ACTIVITIES"; REQUIRE A CONDITIONAL USE PERMIT

FOR THIS ACTIVITY TYPE IN CERTAIN  COMMERCIAL,

MANUFACTURING, AND SPECIAL ZONES; AND PROHIBIT THIS ACTIVITY

TYPE IN OTHER COMMERCIAL, MANUFACTURING AND SPECIAL ZONES

 

NOTICE AND DIGEST

 

 

By this ordinance, the Oakland City Council amends the Oakland Planning Code to

define "Large-Scale Combined Retail And Grocery Sales Commercial Activities";

require a conditional use permit for this activity type in certain commercial,

manufacturing, and special zones; and prohibit this activity type in other commercial,

manufacturing and special zones.

 

 

 

 

 

 

 

 

Itemo

CED Committee

September 23, 2003

 

 

-19 -

 

 

A

 

 

F I L C-. E

OFFICE 0 F THE CIT Y CLERK

K. L A ND

 

C IT Y H AL L IpM11 PIL A ZA

jl@_, j If A 0 AK L A N D, C ALI F 0 R iN I A 9 4 61 2

 

 

IGNACIO De La RJENTE 510 / 238-7005

Pte5identor 1he Cav @_otjncil FAX / 238-691 0

TDD / 238-7413

 

 

 

 

April 8, 2003

 

 

 

 

RE_: AN URGENCY MEASURE ADOPTING AN INTERIM ORDINANCE

PURSUANT TO GOVERNMENT CODE SECTION 65858 IMPOSING A

MORATORIUM ON LARGE-SCALE RETAIL STORES WITH MORE

THAN 10% OF SALES FLOOR AREA DEVOTED TO NON-TAXABLE

MERCHANDISE

 

 

 

Dear Members of the Council:

 

 

 

SUMMARY

 

The attached Ordinance places _- 45-day moratorium on instituting, modifying or

expanding retail stores larger than I 00,000 square feet with more than IO% of sales floor

area dedicated to non-taxable merchandise ("Big Box Grocers").  Recent studies suggest

that this type of land use has negative impacts on existing neighborhood-serving

commercial areas and on traffic and air quality, particularly when not sufficiently offset

by sales tax revenue.  This ordinance applies only to Big Box Grocers.  It would not

apply to any other type of big box retail without full-service grocery components (e.g., a

regular Target or Home Depot), regular grocery stores (e.g., Safeway or Albertsons),

membership stores (e.,-', Costco or Sams Club), or mulit-vendor markets, (e.g. Market

Hall or Housewives Market).

 

Council President De La Fuente and Councilmember Brunner request you adopt

the attached Ordinance so that the City can ffirther study the issue and determine whether

to recommend adopting permanent controls.

Item 0-5-

 

CED Committee

 

BACKGROUND September 23,2003

 

Beginning last year, the Community & Economic Development Agency began

receiving inquiries from real estate brokers regarding potential sites for a Wal-Mart

Supercenter store.  This was presumably in response to an earlier announcement by Wal

 

 

 

 

0 c

 

 

ATTACHMENT A

 

 

Mart that it was seeking to expand significantly its Super Store presence in Califorriia.  I

Wal-Mart Supercenters, Super K Marts and Super Targets are the three major "Big Box

Grocers" - with stores averaging 150,000 square feet and as much as 40% of their sales

floor area dedicated to non-taxable groceries and pharmaceuticals.  Wal-Mart dominates

this market with over 1,000 supercenters nationwide.

 

Recently, studies demonstrating the negative impacts of Big Box Grocers were

brought to the attention of Council President De La Fuente and Councilmember Jane

Brunner.  This compelling data, along with the information that such a Big Box Grocer

was currently looking to locate in Oakland, prompted these Councilmembers to introduce

the attached legislation.

 

 

KEY ISSUES AND IMPACTS

 

Research Suggests That Big Box Grocers Contravene Obaectives and Policies of

Oakland's General Plan

 

The City of Oaldand's Land Use & Transportation Element and Estuary Policy Plan

contain the following Objectives and Policies:

 

• Objective I/C 1. 1: Expand and retain Oakland's job base and economic strength.

 

• Policy I/0.4: The vitality of existing neighborhood mixed use and community

commercial areas should be strengthened and preserved.

 

• Policy T21. 1: Promote neighborhood-serving commercial development within

one-quarter to one-half mile of established transit routes and nodes.

 

• Objective T4: Increase use of alternative modes of transportation.

 

• Objective NI: Provide for healthy, vital, and accessible commercial areas that

help meet local consumer needs in the neighborhoods.

 

• Objective T7: Reduce air pollutants caused by vehicles.

 

• Objective LU-4 (Estuary Policy Plan): Develop the Estuary area in a way that

enhances Oakland's long-term economic development.

 

Recent academic and industry studies have made findings that suggest Big Box

Grocers are likely to negatively impact each of the above Policies and Objectives.  For

example, a 21 003 study of potential impacts on Fremont, California concluded a new Big

Box Grocer would:

 

 

See lirtp:/,eastbav.bizjoumals.coin/eastbay/5tories/')002/05!27/storv7.htmI

2 te

OR_AJCI C11

I'S, 2

 

 

• "drain vitality from existing neighborhood retail centers and the downtown,"

particularly when "food stores are anchors for their respective commercial

centers"; and

• "transfer revenue away from supermarkets located in neighborhood or community

serving retail nodes" contravening a General Plan objective for "Viable

neighborhood shopping centers meeting the daily convenience shopping needs of

City residents."

 

The study also sited in-depth consumer research performed by AC Neilsen U.S.

on 2001 Wal-Mart supercenter sales growth.  It found "the majority of sales growth at

Wal-Mart supercenters - 72 percent - came from a 'direct shift of dollars that had

previously gone to other channels.' Of that majority 'channel shift' revenue growth,

almost one third came from supermarkets." 2

 

Another study conducted in Southern California concluded:

 

• "Large retail sites do impose additional community costs in the form of

traffic, security, environmental, and other impacts (e.g., Altshuler and Gomez-

Ibanez, 1993).  Most grocery sales are not taxed, so the tax base of the host

city will suffer as existing retail uses shift to groceries"; and

• "Free-standing food stores would likely yield market share [to Big Box

Grocers] and in some cases become vacant, while taxable sales from grocery

operations would shift to locations that are much more prone to the impacts of

regional business cycles." 3

 

Finally, another study concludes that the traffic, congestion and air quality

impacts of Big Box Grocers is far greater than other types of Big Box retail StoreS.4 This

is expected as the average person makes more frequent trips to the grocery store than

most other retail establislunents.

 

 

 

 

 

 

 

 

2Economic Anal'vsis of the Proposed Fremont @Vai-,Wart: Short and Long Term Impacts at? Retail and

Economic Development, Prepared for The United Food and Commercial Workers Union, Local 870 by

Strategic Economics (March 2003),

3 The Impact of Big Box Grocers on Southern California: Jobs, Wages and Municipal Finance, Prepared

for the Orange County Business Council By Marlon Boamet, Ph.D., Associate Professor UC Wne and

Randall Crane, Ph.D Associate Professor UCLA (September 1999)

' Trip Generation, 6"' Edition, by the Institute of Transportation Engixieers (1997); also see generally

Regulationfor Revenue: The Political Economy of Land Use Exactions, by Alan A. Altshuler and Jose

Gomez-Ibanez (I 993).

 

OR,,VCit c

3

 

The following table shows the different numbers of car trips generated by Big

Box Grocers (referred to as Discount Super-store) versus other retail establishments not

covered by this ordinance:

 

Comparison f Trip Generati n by Land Use ategory

#850 4861 Discount 4815 Freestanding 9813 Discount

Supermarket Club (e.g., Discount Store Superstore (e.g.

(e.g. Safeway) Costco) (e.g. Home Depot) Super Wal-Mart)

-Weekday Trips 3,010 4,682  6,059 7,232

-Saturday Trips 4,794 6,074  7,491 9,479

-Sunday Trips 4,494 3,771  5,984 6,691

Total Trips per 24,338 33,255 43,770 51,330

-Week -

Source: Institute of Traffic Engineers, Trip Generation, 6" Edition.

 

Each of these studies suggest that Big Box Grocers are likely to contravene

several of Oakland's land use goals regarding preserving and promoting neighborhood-

serving commercial areas and minimizing traffic and air quality impacts, particularly

when such contravention is not sufficiently offset by sales tax revenue.

 

 

It Is Appropriate for Oakland to Place A Moratorium On BiL, Box Grocers Or

Otherwise Restrict This Land Use

 

Dozens of communities have enacted zoning ordinances that either prohibit new

retail stores over a certain size or require special permitting requirements, including

impact studies.  Most of these laws were designed to help sustain the vitality of small-

scale, pedestrian-oriented shopping districts.  Some communities bar only massive "big

box" stores. such as in Roswell, Georgia where all stores that exceed I 00,000 square feet

are prohibit ed. While in Greenfield, Massachusetts, for example, all new stores that

either exceed 20,000 square feet or are expected to generate more than 500 vehicle trips

per day are required to submit to a review before being granted a permit. 5

 

The cities of Martinez, California and Tuscon, Arizona have recently adopted

ordinances nearly identical to the one proposed for Oakland, which restrict the sales of

nontaxable merchandise to a certain percentage in large-scale retail stores.

 

While such laws are not unusual in cities, they can be controversial once they are

passed.  Controls similar to the one proposed for Oakland were passed and then later

overh.irned by voter referendums in Inglewood, CA, Calexico, CA and Clark County, NV

(Las Vegas).  Also, the California State Legislature passed an identical moratorium

statewide in 1999 (AB84 and S1395), but Governor Davis vetoed the legislation.

 

' For a weafth of information on this type of legislation, see flrtp7//@vww.ne@vruies.ore@/retail/index.litnil.

This kvebsite contains links to big box retail regulations from 2 1 municipalities.

 

4

ORA/C uncil

r 3

 

 

Government Code Section 65858 expressly permits a city, including a charter

city, to adopt an interim ordinance prohibiting any uses that may be in conflict with a

contemplated general plan or zoning proposal that the legislative body is considering or

intends to study within a reasonable time.  The attached Ordinance will provide Oakland

time to study the potentially negative impacts of Big Box Grocers for the purpose of

considering permanent controls.

 

 

FISCAL IMPACT

 

This is a policy decision with no direct fiscal impact.  Indirectly, this policy could

have the effect of maximizing sales tax revenue.

 

 

SUSTAINABLE OPPORTUNITIES

 

Economic: This ordinance supports the retention and strengthening of local retail

and neighborhood-serving commercial areas.  It is also designed to maximize sales tax

revenues for the City of Oakland.

 

Environrnental: Restricting Big Box Grocers should reduce car trips, thereby

reducing polluting car emissions.

 

Social Equity: A potential indirect effect of this ordinance could be preservation

of m',,her wage and benefit jobs for Oakland workers. 6

 

 

DISABILITY AND SENIOR CITIZEN ACCESS

 

Disabled and Senior Citizens have easier access to local, neighborhood-serving

retail that do not require traveling long distances or by car.  Since Big Box Grocers have

the potential of putting these more accessible stores out of business, this policy could

indirectly help preserve more accessible, pedestrian-oriented retail options for Oakland

disabled and seniors.

 

 

ACTION REQUESTED OF THE CITY COUNCIL

 

We request the Council adopt the attached Emergency Ordinance imposing an

interim moratorium on large-scale retail stores with more than IO% of sales floor area

devoted to non-taxable merchandise.

 

 

 

See the studies referred to in footnotes 2 & 3 above.

5

ORA/ unc

r _003

 

 

Respectfully S mitted,

 

 

 

 

 

 

nac e a Fuente, President

City Council

 

 

 

 

 

et I

Oakland City Council

 

Prepared by:

 

Libby Schaaf, Legislative Aide to

Council President De La Fuente

 

 

 

 

 

 

 

 

6 -

ORAI _ uncil

pr1l 8, _

 

 

4/5 VOTE REQUIRED FPRRASSAGE

 

AP70VID AS TO FORM AND LEGALITY

 

INTRODUCED BY COUNCILMEMBER

 

'\@ TTORNEY

 

ORDINANCE NO. 12482 C.M.S.

 

AN URGENCY MEASURE ADOPTING AN INTERIM ORDINANCE

PURSUANT TO GOVERNMENT CODE SECTION 65858 IMPOSING A

MORATORIUM ON LARGE-SCALE RETAIL STORES WITH MORE

THAN 10% OF SALES FLOOR AREA DEVOTED TO NON-TAXABLE

MERCHANDISE

 

 

 

WHEREAS, large retail stores over 100,000 square feet in size present

unique challenges for local government; and

 

WHEREAS large retail stores over 100,000 square feet in size require a

significantly higher commitment of police, fi re, and public  safety

resources as opposed to smaller neighborhood stores; and

 

WHEREAS, large retail stores over 100,000 square feet in size create

more traffic congestion and pollution that tend to strain  local

streets and highways; and

 

WHEREAS, large retail stores over 100,000 square feet in size must

generate significant moneys from sales tax revenues to offset the

added costs to local government; and

 

WHEREAS, in certain commercial, industrial and special zones, the

Oakland Planning Code currently permits General Retail Sales Commercial

Activities with no limit on the floor area of a single retail establishment and no

specific limit on the amount of floor area devoted to non-taxable grocery items for

combined retail/grocery establishments; and

 

WHEREAS, an updated Land Use and Transportation Element of the

Oakland General Plan was adopted by the Oakland City Council in March, 1998

to guide future land use and development in the city; and

 

WHEREAS, the Estuary Policy Plan, a component of the Land Use and

Transportation Element, was adopted by the Oakland City Council in 1999 to

 

 

 

ATTACHMENT B

 

 

provide a framework for future land use and development of the area between

Adeline Street, the Nimitz Freeway, 66 Ih Avenue, and the Estuary shoreline; and

 

WHEREAS, the Land Use and Transportation Element and the Estuary

Policy Plan contain goals, objectives, and policies that promote: maintaining and

enhancing the vitality of existing neighborhood commercial areas (Policyl/C3.4;

Policy T2,.3, Objective I/C1.1; Objective N1); reducing air pollutants generated by

automobile traffic (Objective T7); and encouraging the use of alternative modes

of transportation (Objective T4); and

 

WHEREAS, recent academic studies and industry reports document a

trend in which large discount retailers are combining retail sales with full-service

grocery sales in "superstores" and a number of recent studies document the

deleterious impact of such "superstores" on existing retail and grocery

establishments, the vitality of local commercial districts, and traffic congestion;

and

 

WHEREAS, the establishment of large retail centers offering discount

general merchandise combined with full-service grocery sales in Oakland may

have negative impacts on existing neighborhood-serving commercial areas by re-

directing business to large retail centers; and on traffic and air quality by

increasing the number of vehicle miles traveled; and

 

WHEREAS, such potential impacts may conflict with some of the policies

and objectives of the Land Use and Transportation Element and the Estuary

Policy Plan; and

 

WHEREAS, the City is conducting an update of the Oakland Planning

Code to comply with the Land Use and Transportation Element and Estuary

Policy Plan; and

 

WHEREAS, the City is investigating modifications to the Planning Code

and General Plan to protect the public health, safety, and welfare from the

negative effects of the establishment of superstores offering discount general

merchandise combined with full-service grocery sales; and

 

WHEREAS, until such time that the City institutes land use controls over

such superstores, the community is in jeopardy that said superstores could be

instituted, modified, or expanded prior to the imposition of controls necessary for

the protection of public health and welfare; and

 

WHEREAS, issuance or approval of any building, planning or other permit

for such uses (newly instituted, modified, or expanded) prior to the City's

completion of such investigation would result in a current and immediate threat to

the public health, safety or welfare; and

 

 

 

- I -

 

 

WHEREAS, pursuant to Government Code Section 65858 a city, including

a charter city, may adopt an interim ordinance prohibiting any uses that may be

in conflict with a contemplated general plan or zoning proposal that the legislative

body is considering or intends to study within a reasonable time; and

 

WHEREAS, for the reasons set forth above, this ordinance is declared by

the Council to be necessary for preserving the public peace, health, or safety and

to avoid a current, immediate and direct threat to the health, safety, or welfare of

the community, and the "Whereas" clauses above taken together constitute the

City Council's statement of the reasons constituting such necessity and urgency.

 

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OAKLAND

does ordain as follows:

 

SECTION 1. The City Council finds and determines the foregoing recitals

to be true and correct and hereby makes them a part of this ordinance.

 

SECTION 2. The City Council finds and determines, for the reasons

stated in the recitals, the adoption of this ordinance is exempt from CEQA under

Sections 15061(b)(3), and 15307 of the State CEQA Guidelines.

 

SECTION 3. The City of Oakland hereby declares a moratorium on the

permitting or approval of any new, modified, or expanded Large-Scale Retail

Store, as defined below, that devotes more than ten percent (10%) of its total

sales floor area to the sale of non-taxable merchandise.

 

SECTION 4. For purposes of this Ordinance, the following definitions

shall apply:

 

a) "Large-Scale Retail Store" means a single  business

establishment engaged in retail sales to the general public

whose total sales floor area exceeds 100,000 square feet, but

excluding wholesale clubs or other business establishments

selling primarily bulk merchandise and charging membership

dues or otherwise restricting merchandise sales to customers

paying a periodic access fee. For the purpose of determining

whether total sales floor area of a single business establishment

exceeds 100,000 square feet, the aggregate square footage of

ail adjacent stores which share common check stands,

management, a controlling ownership interest, warehouses, or

distribution facilities shall be considered a single establishment.

 

b) "Sales Floor Area" means interior building space devoted to the

sale of merchandise, but excluding restrooms, office space,

storage space, automobile service areas, or open-air garden

sales space.

 

 

3 -

 

 

C) "Non-taxable Merchandise" means products, commodities, or

items not subject to California state sales tax.

 

SECTION 5. In accordance with Government Code Section 65858, this

Ordinance shall be in full force and effect for a period of 45 days from the date of

its adoption. This 45-day period may be extended by the City Council in

accordance with the provisions of California Government Code  65858.

 

SECTION 6. During the term of this ordinance as set forth in Section 5

hereof, no building, zoning or other permit that has been issued for any

development project, facility or activity, for which rights to proceed with the

development, facility or activity have not vested pursuant to the provisions of

State law shall proceed, and no building, zoning or other permit for any

development project, facility or activity, shall be issued by any department,

agency, employee or agent of the City of Oakland to allow for any development,

facility or activity.  Only development projects, facilities, or activities which have

vested, pursuant to the provisions of State law, prior to the date of this Ordinance

shall proceed in violation of the provisions of this Ordinance.

 

SECTION 7. The City Clerk shall certify to the passage and adoption of

this Ordinance causing it to be posted, as required by law, and it shall thereafter

be in full force and effect.  This Ordinance shall become effective immediately as

an interim urgency ordinance, in order to protect the public health, safety and

welfare.

 

SECTION B. For the term of this ordinance, as set forth in Section 5

hereof, the provisions of this ordinance shall govern, to the extent there is any

conflict between the provisions of this ordinance and the provisions of any other

City code, ordinance, resolution or policy, and all such conflicting provisions shall

be suspended.

 

SECTION 9. This Ordinance is enacted pursuant to the City of Oakland's

general police powers, Section 106 of the Charter of the City of Oakland, Article

XI of the California Constitution and Government Code section 65858.

 

SECTION 10. If any section, subsection, sentence, clause or phrase of

this Ordinance is for any reason held by a court of competent jurisdiction to be

invalid, such decision shall not affect the validity of the remaining portions of this

ordinance.  The City Council declares that it would have adopted this Ordinance

and each section, subsection, sentence, clause and phrase thereof, irrespective

of the fact that any one or more section, subsection, sentence, clause, or phrase

be declared invalid.

 

SECTION 11.  The City, on a case by case basis, shall have the authority

upon a showing 7f good cause by an applicant, to waive the interim controls

 

 

- 4 -

 

 

imposed by this Ordinance and to allow for the granting of permits to said

applicant pursuant to the Major Variance provisions of the Oakland Planning

Code. Good cause shall mean a factual and evidentiary showing by the

applicant that the interim controls, if not waived, will deprive the applicant of

substantially all reasonable use of his/her property.  All such applications for

waiver shall be filed with the City Planning Department.  Said applications shall

be reviewed and decided by the City Planning Commission.  Within 10 calendar

days after the date of a decision by the City Planning Commission, an appeal

from said decision may be taken to the City Council by the applicant, the permit

holder, or any other interested party.  In event the last date of appeal falls on a

weekend or holiday when City offices are closed, the next date such offices are

open for business shall be the last date of appeal.  Such appeal shall be made

on a form prescribed by the Commission and shall be filed with the City Clerk.

The appeal shall state specifically wherein it is claimed there was an error or

abuse of discretion by the Commission or wherein its decision is not supported

by the evidence in the record.  Upon receipt of the appeal, the Council shall set

the date for consideration thereof.  The City Clerk shall notify the Secretary of the

City Planning Commission of the receipt of said appeal and of the date set for

consideration thereof; and said Secretary shall, not less than ten days prior

thereto, give written notice to: the applicant, the appellant in those cases where

the applicant is not the appellant; adverse party or parties, or the attorney,

spokesperson, or representative of such party or parties; other interested groups

and neighborhood associations who have requested notification; and to similar

groups and individuals as the Secretary deems appropriate, of the date and

place of the hearing on the appeal.  The decision of the City Council shall be

made by resolution and shall be final.  The City Council shall vote on the appeal

within thirty (30) days after its first hearing of the appeal.  If the Council is unable

to decide the appeal at that meeting, it shall appear for a vote on each regular

meeting of the Council thereafter until decided.  Fees for waiver applications and

associated appeals shall be the same as those charged for Major Variance.

 

In Council, Oakland, California, April 8, 2003, Passed By The Following Vote:

 

AYES- BROOKS, BRUNNER, CHANG, NADEL, QUAN, REID, WAN and

 

PRESIDENT DE LA FUENTE

 

NOTES- O'

 

ABSENT- 0

ABSTENTION-

 

 ATTEST:

CEDA FLOYD 7

'Ierk 9559e Council

City Clerk and C

of the City of Oakland, California

 

 

Comparison of Existing and Proposed Regulations for Large-Scale Combined Retail and Grocery Sales

 

 

Proposed allowance

for Large-Scale

Combined Retail and

Purpose and intent of zone, as stated in Planning Existing allowance for Grocery Sales (over

Zone Code General Retail Sales* 100,000 sq. ft.)

small scale retail neighborhood serving activities that typically do

not generate significant amounts of traffic or parking ... and are

C-5 compatible with adjacent residential uses..." Perrnitted Not Permitted

areas orsinall-scale retail establishments serving ftequeofly

recurring needs... typically appropnaie to small shopping clusters

C-10 located within residential conormirrides..." Permitted Not Permitted

"integrated centers devoted primarily to retail shopping...

appropfiate to locations near major thoroughfares within or near

C-20 residential commumnes..." Permitted Conditionally Permitted

'rnixture of professional and administrative offices Tid _Ngh Permitted up Lo 3,000 sq. ft.;

density reSidences... typically appropriate along major conditionally permitted if

C-25 thoroughfares running through residential cominunities..." over 3,000 sq. ft. Not Permitted

"areas with a selective rangeof retail establishments... compact

C -17 Ilocations onemed toward pedesman comparison snoppirig. Per-mmed Not-Pemnitted

.'major boulevards of medium-scale retail establishments...

C-28 oriented to pedestrian comparison shopping..." Permitted Not Permitted

areas with a wide range of retail establishments serving both

short and long term needs... typically appropriate along major

C-30 thoroughfares..." Permitted Conditionally Permitted

.'areas with a wide range of retail establishments... on-m-teTt-o

pedestrian comparison shopping ... typically appropriate along Permitted if under 7,500 sq.

important shopping streets having a special or particularly ft.; Conditionally Permitted if

C-31 pleasant character..." over 7,500 sq.ft. Not Permitted

 

areas with a wide range of retail establishments serving both

short and long term needs in compact locations oriented to

pedestrian comparison shopping ... typically appropriate to

C-35 commercial clusters near intersections of major thoroughfares..." Permitted Conditionally Permitted

-areas wityi a vancly of ollices. travel accommodations, ind

related consumer and business services activities needing visually

prominent and attractive locations and abundant vehicular access...

along major thoroughfaresin areas identified as gateway and

C-36 coiseum 5howcase distficts..." ermited Condiionally Permitted

areas with a wide range of both retail aid wholesale

establishments... typically appropriate along major

C40 (horoughfares..." Pemitted Conditionally Permitted

 

"areas with a wide range of both retail and wholesale

establishments in compact locations oriented toward pedestrian

comparison shopping, typically appropriate to commercol clusters

C-45 near intersections of major thoroughfares..." Per-rnitied Conditionally Pemitted

medium-intemity development of offices and business service Permutted up to I 00,000 sq.

activities, typically appropriate to the service commercial areas fl.; conditionally permitted if

C 51 immediately adjoining the core of the central district. over I 00,000 sq. ft. Conditionally Permitted

 

preserve and enhance an area of historically or archalecturally

valuable structures of moderate scale for office, retail. and other

appropria[CmesalongS[Teetsorientedtopedestrinniovement..." Pennitted Not Permitted

 

 

 

ATTACHMENT C

 

 

Proposed allowance

for Large-Scale

Combined Retail and

Purpose and intent of zone, as stated in Planning Existing allowance for Grocery Sales (over

7one Code General Retail Sales* 100,000 sq. ft.)

Pcrrnitted up to 100,000 sq.

'.very high-intensity regional center of employment, shopping. ft.; conditionally permitted if

C-55 culture, and recreation " over 100,000 sq. ft. Conditionally Pemitted

1.vamety ot commercial services which are essential to-t-7e-

economy of the city, but frequently incompatible with the

operation of a retail shopping or office area... centralized areas

C-60 Inear industrial concenurations..." Not Permitted Not Permitted

areas containing manufacturing and related establishments with

limited cxtemal impact, typically appropriate to locations near

M-10 major thoroughfares and norimanufacturing areas" Not Permitted Not Permitted

.,arms containing manufacturing and related establishments with Permitted up to 3,000 sq. ft.

limited external impacL typically appropriate to locations adjacent conditionally perrititted if

M-20 to residential communuties..." over 3,000 sq. ft. Conditionally Permitted-

areas containing a wide range of manufacturing and Fel-ated Permitted up to 3,000 sq. F,-

establishments, typically appropriate to areas providing a wide conditionally pertrimed if

M-30 variety of sites with good rail or highway access..." over 3,000 sq. A. Conditionally Permitted

 

areas containing manufacturing or related establishments which Permitted up to 3.000 sq. ft.;

are potentially incompatible with most other establishments... conditionally permitted if

M40 which have extensive rail or shipping facilities..." over 3,000 sq. ft. Conditionally Permitted

 

.'areas devoted primarily to medical facilities and auxiliary uses...

S-I typically appropriate to compact areas around large hospitals..." Not Permitted Not Permitted

%reas devoted primarily to major public and quasi-public

facilities and auxiliary uses... appropriate to portions of the

S-2 Oakland Central Distnct..." Conditionally Permitted Conditionally Permitted

.'areas devoted primarily to conference, rcsearch. administrative,

and recreational activities... typically appropriate to relatively

S-3 secluded locations..." Not Permitted Not Permitted

 

'.a balance of pedestrian-oriented activities. transit opportunities,

and concentrated development... encourage a safe and pleasant

S-15 pedestri .an crivi.ronment near trartsit stations..." Pemitted Not Permitted

 

S-16 I"compatible transition between residential and industrial zones..." Ipci-mitted Conditionally Permitted

Permitted up to I 0,000 sq.

I.autonnobiledcalffship activities and small, local-serving retail, ft.; conditionally permitted if

S-19 kod, and personal service Fer I 0.000 sq. ft. Conditionally Permitted_

 

In current code, a large-scale combined retail and grocery establishment would be classified as "General Retail Sales."

 

 

 

 

 

 

 

 

ATTACHMENT C

 

 

Cities and Counties Limiting Large-Scale Stores

 

 

Limit on

Size threshold for portion of store

special review or Size threshold for devoted to non-

Jurisdiction standards (sq. ft.) prohibition (sq. ft.) taxable goods

Bozeman, MT 75,000

Cococino County (Flagstaff), AZ 25,000 70,000

Easton, MD 65,000

Northampton, MA 20,000 90,000

Rockville, MD 25,000 65,000

Santa Fe, NM 30,000 150,000

Taos, NM 30,000 80,000

Walpole, NH 40,000

Warwick, NY 60,000

Westford, MA 30,000 60,000

Stratham, NH 80,000

Old Saybrook, CT 80,000

Clermont, FL 100,000

Mequon, W I 20,000

Ashland, OR 45,000

Halley, ID 36,000

Mamaroneck, NY  100,000

Clark County, NV 110,000 2%

1%, 2%, or 3%,

depending on

Arroyo Grande, CA 90,000 store size

Martinez, CA 105,000 10%

 

 

Contra Costa County, CA 90,000 5%

In neighborhood

In general commercial commercial or tourist-

zones, stores above oriented commercial

60,000 sq.ft. up to a zones, stores over

maximum size of 45,000 sq. ft.

140,000 sq.ft. require a prohibited. In other

use permit and must commercial zones,

comply with special stores over 140,000

ISan Luis Obispo, CA ldesign criteria 1sq. ft. prohibited. I

 

 

 

 

 

 

30

Item #@@

CED Committee

September 23, 2003

 

ATTACHMENT D