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.
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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.
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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
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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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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).
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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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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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"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.
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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
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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
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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
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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