CMS Report 1 PDF
CMS Report 1 PDF
, .,^
. AGENDA R E P O R T
ZflOBHMlS PH 1--W
TO:
ATTN:
FROM:
DATE:
RE:
Public Hearing and Ordinance Amending the Oakland Municipal Code to:
(1) Add Chapter 17.117 "Bicycle Parking Regulations" to the Planning Code, Which
Will Create Bicycle Parking Requirements for Certain Types of Development
and Making Related Amendments to Other Provisions of the Planning Code; and
(2) Amend Chapter 9.52 of the Oakland Municipal Code, "Special Event Permits,"
to Require Valet Bicycle Parking at Large Public Events.
SUMMARY
The City's Community & Economic Development Agency is proposing amendments to the
Plaiming Code to incorporate standards and requirements for bicycle parking in certain types of
development. Adoption of a bicycle parking ordinance is a priority recommendation in the
recently-approved Bicycle Master Plan (December 2007), as well as the prior bicycle plan
approved in 1999. A bicycle parking ordinance would result in the provision of end-of-trip
facilities integral to making bicycling a viable form of transportation. The proposed bicycle
parking regulations address bicycle racks, lockers, cages and showers, and how these facilities
would be included in future development.
Overall, there was general agreement expressed at the April 16, 2008 Zoning Update Committee
meeting of the Planning Commission regarding the proposed bicycle parking regulations. The
Planning Commission recommended approval of the regulations at its May 7, 2008 meeting.
FISCAL IMPACT
Approval of the ordinance would have minimal fiscal impact. Execution of the regulations could
be accomplished within existing staffing capacity. The regulations could add to the cost of
future projects or major remodels of city facilities.
BACKGROUND
In December 2007, the Oakland City Council approved the first revision to Oakland's Bicycle
Master Plan (BMP) since 1999. The BMP, part of Oakland's General Plan, encourages safety and
accessibility for bicyclists throughout the City. Policy 1D of the updated BMP advises the City to
promote secure and convenient bicycle parking and Action 1 D.6 calls for adoption of a bicycle
parking ordinance. Furthermore, during the April and October 2007 public hearings for the
Item:
Community and Economic Development Committee
May 27, 2008
Deborah Edgerly
CEDA: Bicycle Parking Requirements
Page 2
environmental review and adoption of the BMP, members of the public and Planning
Commissioners urged staff to prioritize the drafting of a bicycle parking ordinance.
Exhibit A to the ordinance contains a proposed new chapter in the Planning Code that would
incorporate bicycle parking regulations: Chapter 17.117 Bicycle Parking Requirements.
Exhibit A to the ordinance also contains amendments that would need to be made to the
Planning Code to reference the new chapter. Exhibit B to the ordinance amends OMC Chapter
9.52 "Special Event Permits," to require valet bicycle parking at large public events.Community Outreach
The Bicycle and Pedestrian Advisory Committee reviewed the proposed bicycle parking
regulations at their monthly meeting on February 21, 2008. A community meeting to discuss the
regulations was then held in conjunction with a regular Bicycle and Pedestrian Advisory
Committee meeting on March 20, 2008. The proposed ordinance and the community meeting
were publicized through a mailing to approximately 750 addresses, including developers,
community groups, and interested residents. Information on the bicycle parking regulations
documents and adoption process are being updated on the Transportation Services Division's
website: www.oaklandpw.com/Pagel 27.aspx#ordinance. The Zoning Update Committee of the
Planning Commission considered the item at its April 16, 2008 meeting.
Planning Commission Recommendations
The full Planning Commission recommended ordinance adoption at its meeting of May 7, 2008
with the following amendments and clarifications to the proposal that will be considered by the
Community and Economic Development Committee of the City Council on May 27, 2008:
(1) Amend proposed Chapter 17.117.100.1.a to increase the number of long-term parking spaces
required in public, parochial and private nursery schools, kindergartens, and elementary schools
to 1 space for each 10 employees plus 1 space for each 20 students of planned capacity.
Civic Activity
Long-term Bicycle Parking
Short-term Bicycle Parking
Requirement
Requirement
a) Public, parochial, and privatejl space for each 10 employees plus 1 il space per each 20 students of
nursery schools,
Jspace for each 20 students of planned planned capacity. Minimum
kindergartens, and
icapacity. Minimum requirement is 2requirement is 2 spaces,
elementary schools.
ispaces.
, i
Item:
Community and Economic Development Committee
May 27, 2008
Deborah Edgerly
CEDA: Bicycle Parking Requirements
Page 3
(2) Amend proposed Chapter 17.117.100.2.b to split the 5 percent requirement for long-term
parking spaces at railroad and bus terminals into 3.5 percent for long-term parking spaces and
1.5 percent for short-term parking spaces.
Civic Activity
Long-term Bicycle Parking
Short-term Bicycle Parking
Requirement
Requirement
No spaces required. Spaces for 1.5%'
b) Railroad and bus terminals. Spaces for 43.5% of projected
of projected
maximum
daJIyi
maximum daily ridership.
^ridership.
(3) Clarify the requirements in Chapter 17.117.030 to require a minimum of 2 showers per gender
and one shower per gender for each 150,000 above 150,000 square feet. ____^^___
Shower Requirement
Locker Requirement
Type of Activity
(per gender)
iCommercial: 150,000 square feet of A minimum of 2 showersr-One per 4 lockers per shower.
ifioor area or greater.
gender plus one shower per gender
for each 150,000 s.f above 150.000
s.f
Item:
Community and Economic Development Committee
May 27, 2008
Deborah Edgerly
CEDA: Bicycle Parking Requirements
Page 4
Of the comparison cities, Sacramento, Portland, Seattle and Denver are similar to Oakland in
population, land area, population density or bicycle mode share. San Francisco, Berkeley,
Alameda, San Leandro and San Jose are nearby cities with bicycle parking requirements.
Vancouver and Ottawa are cities that are in some ways comparable to Oakland and have notable
requirements.
Notable requirements from other cities include:
Bicycle parking requirements for new development.
Bicycle parking requirements for building renovations.
Require existing parking garages to provide bicycle parking.
Require locker and shower facilities for large office development.
Require bicycle parking for large public events.
Based on assumptions about square footage and occupancy, the proposed bicycle parking
regulations are comparable to the LEED requirements for number of bicycle parking spaces.
However, LEED requires a far greater number of showers and lockers than what is required by
other cities. The proposed shower and locker requirements in Oakland align more closely with
what is proposed in other cities than what is recommended by LEED.
The recommendations included in the 1999 BMP were never adopted or incorporated into the
Planning Code. However, the recommendations have been used on a case-by-case basis to
develop conditions of approval for various projects. Recent projects that have included bicycle
parking as conditions of approval include a 142-unit mixed-use project on 2935 Telegraph
Avenue, an 80-unit residential project at 2647 International Boulevard and a 74-unit mixed-use
project at 460 Grand Avenue. In general, the proposed bicycle parking requirements require
fewer spaces than were required by the recommendations contained in the 1999 Bicycle Master
Plan. The bicycle parking requirements were reduced in order to fall in line with what other
cities provide and what is required by LEED.
Types of Bicycle Parking
The draft parking regulations describes two types of bicycle parking: long and short-term. Shortterm bicycle parking serves bicyclists who need to park their bicycles for less than two hours.
Long-term bicycle parking, such as a bicycle locker or a bicycle cage, serves bicychsts who need
to park their bicycles for longer periods. Short-term bicycle parking, such as a bicycle rack on
the sidewalk, provides convenient access, while long-term bicycle parking, such as a bicycle
locker or bicycle cage, provides greater security and protection from the elements. Long-term
parking is generally more expensive and requires more space, but is particularly beneficial in
office and residential projects where employees and residents are expected to park their bicycles
for long periods of time. The draft regulations generally require a combination of short-term and
long-term parking, rather than a simple total number of bicycle parking spaces. This distinction
better meets the needs of a variety of bicyclists and allows for requirements that are specifically
tailored to the various land use categories.
Item:
.
Community and Economic Development Committee
May 27, 2008
Deborah Edgerly
CEDA: Bicycle Parking Requirements
Page 5
Item:
Community and Economic Development Committee
May 27, 2008
Deborah Edgerly
CEDA: Bicycle Parking Requirements
Page 6
Summary of Recommendations
The following is a summary of requirements by land use. The land use categories described
below are based on Oakland's Use Classifications (Title 17 Chapter 17.10 of the Municipal
Code):
Residential Activities
The bicycle parking requirements for residential uses are based on unit counts, the most
predictive of potential users as well as the most common basis for generating requirements in
other cities. Multifamily residential units without private garages would be required to provide
.25 long-term spaces and .05 short-term spaces per unit. Any residential unit with a private
parking garage would not be required to provide bicycle parking.
Civic Activities
Civic uses are more varied in type and potential demand than residential uses; therefore
requirements are based on square footage, number of employees or students, or number of seats.
Civic activities include schools, transit stations and assembly activities.
Commercial Activities
Commercial activities cover a range of uses, including retail, office space and hotels. Bicycle
parking requirements for these activities are based on square footage. In addition, office
developments greater than 150,000 square feet are required to provide showers and lockers (this
requirement is described in more detail below).
Manufacturing and Other Activities
Most manufacturing activities have bicycle parking requirements based on square footage. The
majority of demand will be from employees rather than short-term visitors and therefore the
recommendations include long-term but no short-term requirements.
Certain types of uses, such as senior housing (for residents over 55 years of age) or elementary
schools (children under the age of 12) have reduced requirements based on the assumption that
many of the users may not be able to ride a bicycle. These land uses still require some bicycle
parking for the users, including employees and visitors, who do travel by bicycle.
Shower/Locker Facilities
The proposed regulations would require large office developments to provide shower and locker
facilities. The bicycle parking ordinances of Portland, Seatfie, San Francisco, San Jose,
Vancouver, and Ottawa all have provisions for locker-room and/or shower facilities for
nonresidential uses. These facilities further encourage bicycling by providing storage space for a
change of clothes and an opportunity to freshen up before work. Academic studies show that
shower/locker facilities at places of employment can be a significant factor in encouraging
commuting to work by bicycle. Employees that workout on their lunch break can also benefitfrom these facilities.
Item:
Community and Economic Development Committee
May 27, 2008
Deborah Edgerly
CEDA: Bicycle Parking Requirements
Page 7
Item:
Community and Economic Development Committee
May 27, 2008
Deborah Edgerly
CEDA: Bicycle Parking Requirements
Page 8
Effects on Development
Bicycle parking requirements will have financial and physical effects on development.
Attachment B describes estimated costs and square footage requirements for typical long-term
bicycle parking layouts, including lockers and cages. The average capital cost (not including cost
of installation) of long-term bicycle parking is between $640 and $1200 per space. Each bicycle
would occupy between 6.4 and 30 square feet, depending on the type of long-term bicycle
parking facility. The cost of a basic rack that holds two short-term bicycle parking spaces is
about $150. An additional charge of approximately $113 is incurred if the rack or racks are
located in the public right-of-way and need an encroachment permit. The footprint of two
bicycles on a rack is about 15 square feet. Additional space is needed around bicycle racks to
accommodate a maneuvering aisle or to provide a clear path in the public right-of-way. In
general, the average costs and space effects of providing bicycle parking are minimal when
compared to the overall project cost and size, as well as the cost of automobile parking.
Valet Bicycle Parking for Large, Public Events
In addition to the creation of bicycle parking requirements in the Plarming Code, this process
provides an opportunity to propose amendments to another section of the Municipal Code that
will further the goals and policies regarding bicycle parking that are included in the Bicycle
Master Pltn. Exhibit B to the ordinance shows proposed amendments to Title 9 Chapter 9.52:
Special Event Permits to include requirements for attended bicycle parking at any special event
that expects over 5,000 attendees, such as the Dia de los Muertos Festival in Fruitvale or the Art
& Soul Festival in Downtown.
ENVIRONMENTAL DETERMINATION
The Bicycle Master Plan's Environmental Impact Report (EIR), certified in December 2007,
discussed and evaluated the potential impact of bicycle parking regulations and can be relied
upon for this action. The proposed regulations would not result in any new or more severe
significant impacts, there is no new information of substantial importance that would result in
any new or more severe significant impacts, there are no substantial changes in circumstances
that would result in any new or more severe significant impacts, and there is no feasible
mitigation measure or alternative that is considerably different fi"om others previously analyzed
that has not been adopted.
Item:
Community and Economic Development Committee
May 27, 2008
Deborah Edgerly
CEDA: Bicycle Parking Requirements
Page 9
SUSTAINABLE OPPORTUNITIES
Economic: The proposed regulations that require bicycle parking are intended to promote
bicycling, one of the most cost-effective forms of transportation. Additionally, bicycle trips tend
to be local trips and thus are more likely to contribute to local economic activity.
Environmental: The proposed regulations will promote bicycling, an emissions-free and energy
efficient form of transportation. By extending human-powered travel beyond walking distance,
bicycles are especially effective for linking neighborhoods to downtown, transit stations, and
commercial districts, thereby eliminating short, high-polluting car trips caused by cold starts.
Social Equity: Bicycling is an inexpensive and broadly accessible form of transportation.
According to the American Automobile Association, the average cost of operating a car is
$5,000 to $12,000 per year. According to the League of American Bicyclists, the average cost of
operating a bicycle is $120 per year. Bicycle facilities provide added freedom and independence
for youth and parents (who are otherwise shuttling their children) as well as for some people who
cannot drive and those who have chosen not to drive. Providing bicycle parking will also
promote bicycling for transportation, a means for redressing the public health disparities
associated with physical inactivity and poor nutrition.
DISABILITY AND SENIOR CITIZEN ACCESS
Staff does not anticipate any particular barriers or benefits resulting from the Municipal Code
amendments, regarding access issues for the disabled or for senior citizens. The proposed
regulations include design and placement standards to ensure that adequate clearance is available
on sidewalks next to bicycle parking. Section 17.117.070 specifies that that bicycle racks
located on sidewalks must maintain 5.5 feet of unobstructed pedestrian right-of-way outside the
bicycle parking space. This clearance is increased to 7 feet on sidewalks with heavy pedestrian
traffic.
RECOMMENDATIONS
Staff recommends that the City Council fiirther the goals and policies of the Bicycle Master Plan
for encouraging safe bicycling by making the following amendments to the Municipal Code:
(1) Add Chapter 17.117 "Bicycle Parking Regulations" to the Planning Code, which will
create bicycle parking requirements for certain types of development and making related
amendments to other provisions of the Planning Code; and
(2) Amending Chapter 9.52 of the Oakland Municipal Code, "Special Event Permits," to
require valet bicycle parking at large public events.
Item:
Community and Economic Development Committee
May 27, 2008
Deborah Edgerly
CEDA: Bicycle Parking Requirements
Page 10
Dan~t:mdheim, Director
Community and Economic Development Agency
Reviewed by:
Eric Angstadt, Strategic Planning Manager, Planning and
Zoning
Prepared by:
Christina Ferracane, Planner II
Strategic Planning Division, Planning and Zoning
Jason Fatten, Bicycle and Pedestrian Program Manager
Transportation Services
kM-^
^Jj-y
Attachments:
A. Proposed Bicycle Parking Requirements Compared to 1999 Requirements and
Requirements in Other Cities
B. Estimated Cost and Square Footage for Bicycle Parking
Item:
Community and Economic Development Committee
May 27, 2008
Attachment A
Proposed Bicycle Parking Requirements Compared to 1999 Requirements and Requirements in Olher Cities
Community and Economic Development Committee of the City Council, May 27, 2008
c
2a
0
in
_o
U
Residential
with Private
Garage
None
1 per 4 units
None
1 per 20 units
1999 Recommendation
Long-term
1999 Recommendation
Short-term
Sacramento
None
1 per 2 units
None
1 per 10 units
None
Portland
Long-term
Portland
Short-term
Seattle
None
None
None
Denver
None
San Francisco
None
Berkeley
None
None
None
None
Proposed
Long-term
Proposed
Short-term
--
>, Alameda
San Leandro
San Jose
- Multifamily
Office
None
None
None
None
None
None
1 per 20 units
Vancouver
Long-term
None
Vancouver
Short-term
None
None
'0
o
Ottawa
Locker
Shower
For Office Use: 2 per
gender for first 150,000 s.f
plus one per gender for
each additional 150,000 s.f
--
Retail
None
None
None
None
Attachment B
Community and Economic Development Committee of the City Council, May 27, 2008
Estimated Long-term Parking Capacity and Capital Cost*
by Long-term Parking Type in 360 s.f.
Parking Type
Rack
Single Level Locker
Stacked Locker
Double Decker
Number of Estimated
bikes per s.f. per bike
space
area
28
12
24
56
12.9
30.0
15.0
6.4
No. of
parking
units
14
12
24
4
Average
cost per
unit
$150
$1,200
$1,200
$2,709
Cost of
enclosure
$25,000
$0
$0
$25,000
Estimated
Estimated
cost per cost per bike
space
facility
$27,100
$14,400
$28,800
$35,836
$968
$1,200
$1,200
$640
p[?uJ
The proposed bicycle parking regulations will be applied citywide to certain events and
types of development and would result in the provision of end-of-trip facilities integral to
making bicycling a viable form of transportation. The proposed regulations address
bicycle racks, lockers, cages and showers, and how these facilities would be included in
future development and special events.
'
INTRODUCED BY,GQUNCILMEMBER
,pr: 0 - C ' *-'''"'
,s0 ^ ^
im
CityAttorney
No.
C.M.S.
WHEREAS, in December 2007 the City adopted the Bicycle Master Plan (BMP), part of the
Land Use and Transportation Element of the General Plan; and
WHEREAS, the regulations contained in the city's Planning Code should directly implement the
intent of the BMP to encourage safety and accessibility for bicyclists throughout the City; and
WHEREAS, Policy ID of the BMP advises the City to promote secure and convenient bicycle
parking and Action 1D.6 calls for adoption of a bicycle parking ordinance; and
WHEREAS, provision of bicycle parking is a priority recommendation in the BMP; and
WHEREAS, during the April and October 2007 public hearings for the environmental review
and adoption of the BMP, members of the public and Planning Commissioners urged staff to
prioritize the drafting of a bicycle parking ordinance; and
WHEREAS, City staff has proposed amendment to the Planning Code that would add a new
Chapter 17.117 "Bicycle Parking Regulations" and make related amendments to other provisions
of the Planning Code that would require bicycle parking and the Amendments to Chapter 9.52 of
the Municipal Code, "Special Events Permits", that would require valet bicycle parking at large
public events; and
WHEREAS, various community meetings hosted by the City of Oakland's Bicycle and
Pedestrian Advisory Committee, and a duly noticed meeting before the City Planning
Commission's Zoning Update Committee were held to discuss the proposed bicycle parking
regulations; and
WHEREAS, on May 7, 2008 a duly noticed public hearing was held before the City Planning
Commission and the Commission recommended adoption of the bicycle parking regulations;
now, therefore
Section 9. That the record before this Council relating to this Ordinance includes, without
limitation, the following:
1. the application, including all accompanying maps and papers;
2. all relevant plans and maps;
3. all final staff reports, decision letters and other documentation and information
produced by or on behalf of the City;
4. all oral and written evidence received by the City staff, Planning Commission and City
Council before and during the public hearings on the application;
5. alt matters of common knowledge and all official enactments and acts of the City,
such as (a) the General Plan and the General Plan Conformity Guidelines; (b) Oakland Municipal
Code, including, without limitation, the Oakland real estate regulations, Oakland Fire Code; (c)
Oakland Planning Code; (d) other applicable City policies and regulations; and, (e) all applicable
state and federal laws, rules and regulations.
Section 10. That the custodians and locations of the documents or other materials which
constitute the record of proceedings upon which the City Council's decision is based are
respectively: (a) Community & Economic Development Agency, Planning & Zoning Division,
250 Frank H. Ogawa Plaza, Suite 3315, Oakland, CA.; and (b) Office of the City Clerk, 1 Frank
H. Ogawa Plaza, 1'' floor, Oakland, CA.
DATE OF ATTESTATION:
EXHIBIT A
Title 17
PLANNING
Additions to Title 17 of the Oakland Planning Code are shown as underline and omissions are
shown as strikethrough.
Planning Code Chapters Amended:
Chapter 17.11 OS Open Space Zoning Regulations
Chapter 17.1 lA R-l One Acre Estate Residential Zone Regulations
Chapter 17.12 R-10 Estate Residential Zone Regulations
Chapter 17.14 R-20 Low Density Residential Zone Regulations
Chapter 17.16 R-30 One-Family Residential Zone Regulations
Chapter 17.18 R-35 Special One-Family Residential Zone Regulations
Chapter 17.20 R-36 Small Lot Residential Zone Regulations
Chapter 17.22 R-40 Garden Apartment Residential Zone Regulations
Chapter 17.24 R-50 Medium-Density Residential Zone Regulations
Chapter 17.26 R-60 Medium High-Density Residential Zone Regulations
Chapter 17.28 R-70 High Density Residential Zone Regulations
Chapter 17.30 R-80 High-Rise Apartment Residential Zone Regulations
Chapter 17.32 R-90 Downtown Apartment Residential Zone Regulations
Chapter 17.34 C-5 Neighborhood Commercial Zone Regulations
Chapter 17.36 C-10 Local Retail Commercial Zone Regulations
Chapter 17.38 C-20 Shopping Center Commercial Zone Regulations
Chapter 17.40 C~25 Office Commercial Zone Regulations
Chapter 17.42 C-27 Village Commercial Zone Regulations
Chapter 17.44 C-28 Commercial Shopping District Zone Regulations
Chapter 17.46 C-30 District Thoroughfare Commercial Zone Regulations
Chapter 17.48 C-31 Special Retail Commercial Zone Regulations
Chapter 17.50 C-35 District Shopping Commercial Zone Regulations
Chapter 17.52 C-36 Gateway Boulevard Service Commercial Zone Regulations
Chapter 17.54 C-40 Community Thoroughfare Commercial Zone Regulations
Chapter 17.56 C-45 Community Shopping Commercial Zone Regulations
Chapter 17.58 C-51 Central Business Service Commercial Zone Regulations
Chapter 17.60 C-52 Old Oakland Commercial Zone Regulations
Chapter 17.62 C-55 Central Core Commercial Zone Regulations
Chapter 17.64 C-60 City Service Commercial Zone Regulations
Chapter 17.65 HBX Housing and Business Mix Commercial Zone Regulations
Chapter 17.66 M-10 Special Industrial Zone Regulations
Chapter 17.68 M-20 Light Industrial Zone Regulations
Chapter 17.70 M-30 General Industrial Zone Regulations
Chapter 17.72 M-40 Heavy Industrial Zone Regulations
Chapter 17.74 S-1 Medical Center Zone Regulations
Chapter 17.76 S-2 Civic Center Zone Regulations
Chapter 17.78 S-3 Research Center Zone Regulations
Chapter 17.97 S-15 Transit-Oriented Development Zone Regulations
Chapter 17.117 Bicycle Parking Regulations
EXHIBIT A
EXHIBIT A
parking spaces prescribed in Sections 117.090 to 117.120. This amount shall
be adjusted to account for changes in the Building Cost Index for the San
Francisco Bay Region, as reported in the Engineering News Record. The
adjustment shall be made annually, starting in 2009. no sooner than one year
from adoption.
2. Remodel projects that are over 50.000 s.f. and have an estimated construction
cost over $1.000.000 shall provide, in addition to short-term bicycle parking.
the number of k)ng-term bicycle parking spaces and shower and locker
facilities prescribed in Sections 117.090 to 117.130. This amount shall be
adjusted to account for changes in the Building Cost Index for the San
Francisco Bay Region, as reported in the Engineering News Record. The
adjustment shall be made annually, starting in 2009. no sooner than one year
from adoption.
C. Bicycle Parking shall be Provided for New Living Units in Existing Facilities. If any facility.
or portion thereof which is in existence on the effective date of the bicycle parking
requirements, or of a subsequent rezoning or other amendment thereto establishing or
increasing bicycle parking requirements for an activity therein, is altered or changed in
occupancy so as to result in an increase on the number of residential living units therein.
bicvcle parking as prescribed hereafter shall be provided for the new units. However, such
bicycle parking need be provided only in the amount by which the requirement prescribed
hereafter for the facility after said alteration or change exceeds the requirement prescribed
hereafter for the facility as it existed prior to such alteration or change: and such new bicycle
parking need not be provided to the extent that existing bicycle parking exceeds the latter
requirement.
17.117.030
More than One Activity on a Lot.
Whenever a single lot contains different activities with the same bicycle requirement, the overall
requirement shall be based on the sum of all such activities, and the minimum size prescribed
hereafter for which any bicycle parking is required shall be deemed to be exceeded for all such
activities if it is exceeded by their sum. Whenever a single lot contains activities with different
bicvcle parking requirements, the overall requirement shall be the sum of the requirements for
each activity calculated separately; provided, however, that the minimum size prescribed
hereafter for which ^mv bicycle parking is required shall be deemed to be exceeded on said lot
for all activities for which the same or a smaller minimum size, expressed in the same unit of
measurement, is prescribed, if said minimum size is exceeded by the sum of all such activities on
the lot.
17.117.040
Determination by Director of City Planning.
In the case of activities for which the Director of City Planning is required to prescribe a number
of bicycle parking spaces or for which this chapter is not clear or does not prescribe a number of
spaces, the Director of City Planning shall base his or her wntten determination on the number of
employees, residents or customers and the nature of operations conducted on the site. Any such .
written determination shall be subject to appeal pursuant to the administrative appeal procedure
in Chapter 17.132.
EXHIBIT A
Article 11. Standards for Required Bicvcle Parking.
17.117.050
Types of Required Bicycle Parking.
A. Long-term Bicycle Parking. '
Each long-term bicycle parking sr)ace shall consist of a locker or locked enclosure providing
protection for each bicycle from theft, vandalism and weathei". Long-term bicycle parking is
meant to accommodate employees, students, residents, commuters, and others expected to
park more than two hours.
B. Short-term Bicvcle Parking.
Short-term bicycle parking shall consist of a bicycle rack or racks and is meant to
accommodate visitors, customers, messengers, and others expected to park not more than two
hours.
17.117.060
Minimum Specification for Required Bicvcle Parking.
A. All bicycle parking facilities shall be dedicated for the exclusive use of bicycle parking.
B. All required short-term bicycle parking spaces shall permit the locking of the bicycle frame
and one wheel with a U-type lock, support the bicycle in a stable position without damage to
wheels, frame, or components, and provide two points of contact with the bicycle's frame.
C. All required long-term bicvcle parking spaces, with the exception of bicycle lockers, shall
permit the locking of the bicycle frame and one wheel with a U-type lock and support the
bicvcle in a stable position without damage to wheels, frame, or components.
D. Bicycle parking facilities shall be securely ^mchored so they cannot be easily removed and
shall be of sujficient strength and design to resist vandalism and theft.
E. The overall design and spacing of such facilities shall meet the standards of Section
17.117.070 or as may be modified.
17.117.070
Location and Design of Required Bicycle Parking.
Required bicvcle parking shall be placed on site(s) as set forth below:
A. A bicvcle pai'king space shall be at least two and a half (2.5) feet in width by six (6) feet in
length to allow sufficient space between parked bicycles.
B. An encroachment permit may be required from the Citv to install bicycle parking in the
public right-of-way.
C. Bicvcle parking facilitJes shall not impede pedestrian or vehicular circulation.
a. Bicvcle parking racks located on sidewalks should maintain a minimum of five
and one half (5.5) feet of unobstructed pedestrian right-of-way outside the bicycle
parking space. For-sidewalks with heavy pedestrian traffic, at least seven (7) feet
of unobstructed right-of-way is required.
D. Bicycle parking faciUties are subiect to the Ibllowing standards:
a. Racks shall be located with at least thirty (30) inches in all directions from anv
ygrtical ob.struction. including but not limited to other racks, walls, and
landscaping. General Food Sales and Large Scale Combined Retail and Grocery
Sales Activities are encouraged to locate racks with a thirty-six (36) inch
clearance in all directions from any vertical obstruction, including but not limited
to other racks, walls, and landscaping.
b. A minimum four (4) foot wide aisle of unobstructed space behind all required
bicycle parking shall be provided to allow for adequate bicycle maneuvering.
EXHIBIT A
E. Bicvcle parking facilities within auto parking facilities shall be protected from damage bv
cars by a physical barrier such as curbs, wheel stops, poles, bollards, or other similar features
capable of preventing automobiles from entering the bicycle facility.
F. Bicycle parking facilities shall be located in highly visible v^'ell-lighted areas. In order to
maximize security, whenever possible short-term bicvcle parking facilities shall be located in
areas highly visible from the street and from the interior of the building they sei've (i.e.
placed adjacent to windows).
G. The location and design of required bicvcle parking shall be of a quality, character and color
that hcirmonize with adjoining land uses. Required bicycle pai'king shall be incorporated
whenever possible into building design or street furniture.
M. Long-term bicycle parking shall be covered and shall be located on site or within five
hundred (500) feet of the main building entrance unless approved by the Director of Citv
Planning with a written Discretionary Waiver. The main building entrance excludes garage
entrances, trash room entrances, and other building entrances that are not publicly accessible.
1. Discretionary Waiver. The long-term bicycle parking location requirement of five hundred
(500) feet mav be waived in writing bv the Director of City Planning when said activities are
located within one tlrousand (1000) feet of a proposed or existing bike station or similar highcapacity bicvcle parking facility. Any detennination on such waiver shall be subject to
appeal pursuant to the administrative appeal procedure in Chapter 17.132.
J. Whenever anv required bicycle parking is proposed to be provided on a lot other than the lot
containing the activity sei-ved. the owner or owners of both lots shall prepare and execute to
the satisfaction of the City Attorney, and file with the Alameda County Recorder, an
agreement guaranteeing that such facilities will be maintained and reserved for the activity
served, for the duration of said activity.
K. Short-term bicycle parking shall be placed within fifty (50) feet of the main entrance to the
building or commercial use and should be in a well trafficked location visible from the
enti-ance. When the main entrance fronts the sidewalk, the installer may obtain an
encroachment permit from the City to install the bicycle parking in the public right-of-way.
The main building entrance excludes garage entrances, trash room entrances, and other
building entrances that are not publicly accessible-
EXHIBIT A
P . T h e calculation of short-term bicycle parking mav include existing racks that are in the
public right-of-way and are within 50 feet of the main entrance.
17.117.090
Required Bicycle P a r k i n g - Residential Activities.
Subject to the calculation rules set forth in Section 17.117.080. the following m i n i m u m amounts
of bicvcle parking are required for all Residential Activities and shall be developed and
maintained pursuant to the provisions of Article 11 o f t h i s chapter:
Type of Activity
EXHIBIT A
17.117.100
Required Bicycle P a r k i n g - Civic Activities.
Subject to the calculation rules set forth in Section 17.117.080. the following m i n i m u m amounts
of bicvcle parking are required for the specified Civic Activities and shall be developed and
maintained pursuant to the provisions of Article 11 o f t h i s chapter:
Civic Activitv
W) Essential Service.
2) Limited Childcare.
3") Community Assembly.
a Churches, temples, and
synagogues.
b)
Other.
:6 spaces.
EXHIBIT A
c]_ Public parochial and private
junior high and high schools.
17.117.110
Required Bicycle Parking - Commercial Activities
Subiect to the calculation rules set forth in Section 17.117.080. the following amounts of bicycle
parking are required for the specified Commercial Activities and shall he developed and
maintained pursuant to the provisions of Article 11 o f t h i s chapter:
Cominercial Activitv
iRetail
H. General Food Sales.
a.
13.
'4.
:5;6.
^^7.
18.
il space for each 12.000 s.f of floor area. 1 space for each 2.000 s.f of floor areaiMinimum requirement is 2 spaces.
Minimum requirement is 2 spaces.
:1 space for each 12.000 s.f of floor area. |..l.,,space for each 5.000 s.f of floor area.
iMinimum requirement is 2 spaces.
IMinimum requirement is 2 spaces.
Convenience Market.
Fast-Food Restaurant.
Alcoholic Beverage Sales.
...Convenience Sales and Service.
Mechanical or Electronic Games.
General Retail Sales.
Large-scale combined retail and
SlDcen^-' sales.
^9. General Personal Service.
;10:_Qnsumer Laundry and Repair
Se^mce.
iIL__Qieck Cashier and Check Cashing.
i]2. Retail Business Supply.
II space for each 12.000 s.f of floor area, il space for each 20.000 s.f of floor area.
113. General Wholesale Sales.
IMinimum requirement is 2 spaces.
IMinimum requirement is 2 spaces.
il4. Construction Sales and Service.
ioffice
1. , Consultative and Financial Service. 11 space for each 10.000 s.f of floor area. Il space for each 20.000 s.f. of floor area,
^2. Administrative Commercial.
iMinimum requirement is 2 spaces.
iMinimum requirement is 2 spaces.
3. Business and Conmuinic.atJon
Service.
^Medical
-1, Medical Service.
2^__ADimal Care.
lAuio Related
n. Automotive Sales. Rental, and
Delivery.
ii space for each 12.000 s.f of floor area. 1 space for each 5.000 s.f of floor area.
IMininmm requirement is 2 spaces.
IMinimum requirement is 2 spaces.
:1 space for each 12.000..s.f of Floor area, j I space for each 20.000 s.f of floor area,
IMinimum requirement is 2 spaces.
IMinimum requirement is 2 spaces.
EXHIBIT A
i2. Automotive Servicing.
3,, Automotive Repair and Cleaning.
lOther Commercial
;1 Group Assembly,
i2.
Research Service.
Undeitaking Service.
17.
Scrap Operation.
!87""lHB^^ork7Liver""
17.117.120
EXHIBIT A
il.
HBX Work/Live,
17.117.130
Required Shower and Locker Facilities
Subject to the calculation rules set forth in Section 17.117.080. the following amounts of shower
facilities and lockers are required per gender for the specified Activities and shall be developed
and maintained pursuant to the provisions of Article II ofthis chapter:
Type ol' Activity
Shower Requirement
(per gender)
iResidential.
jNone required.
iCivic.
iNone required.
iCommercial: Less than 150.000 square iNone required.
ifecl of floor area.
iCommercial: 150,000 square feet of flooivA minimum of 2.showers. One shower
iarea or greater.
iper gender for each 150.000 above
1150,000 s.f
IManufacturing.
A^-Jcultgi'aljind^^xtractive.
INone.required.
;"None required.
Locker Requirement
iNone required.
iNone required.
iNone required.
I
14 lockers per shower.
I
i
iNone required.
iN..p.ne.r.equi.rc.d..
17.117.140
Additional Considerations for Variance Determination
A variance mav be granted if the applicant can make the variance findings contained in Section
17.148.050. In making a variance determination, the following additional considerations should
be taken into accourit
1. The variance, if granted, will not be contrary to the policies included in the Bicvcle Master
Plan.
2. Consideration can be afforded to a proposal if incorporation of the bicycle parking would be
detrimental to other bicvcle br pedestrian facilities.
3. Consideration can be affbrded to a proposal with a site access that is in excess of the street
grade criteria established by tlie Bicycle Master Plan.
4. In consideration of what is physically feasible, the proposal meets as many of the bicycle
parking requirements as possible to provide a form of storing bicycles in a safe, secure and
accessible manner.
17.117.150
Automobile Parking Credit
The total number of required off-street automobile parking spaces may be reduced at the ratio of
one automobile space for each six bicycle spaces provided in excess of the requirements in this
chapter. The bicvcle parking provided for this automobile parking credit shall include both longterm and short-term bicvcle narking in proportion to the minimum long-term and short-term
requirements for the given project. The total number of required off-street automobile parking
spaces cannot be reduced bv more than ilve percent.
10
EXHIBIT A
Chapter 17.11 OS OPEN SPACE ZONING REGULATIONS
17.11.170 Other zoning provisions.
A. Parking and Loading. Off-street parking and loading shall be provided as prescribed in
the off-street parking and loading requirements at Chapter 17.116, except that reduced parking
requirements may be allowed by the Director ofCity Planning through the conditional use permit
procedure required by Sections 17.11.060 and 17.11.090 for activities and facilities in either of
the following instances:
1. The project's primary service area is one-quarter mile or less; or,
2. A portion of the project's parking demand is to be met through reciprocal agreements
for shared parking on the same site or an adjacent site or sites.
In both cases, the extent of the reduction shall be determined by the Director ofCity Planning
pursuant to Section 17.116.040.
B.
Bicycle Parking. Bicycle parking shall be provided as prescribed in the bicycle
parking regulations in Chapter 17.117.
CB. Nonconforming Uses. Nonconforming uses and changes therein shall be subject to
the nonconforming use regulations at Chapter 17.114.
D C General Provisions. Unless otherwise indicated, the general exceptions and other
regulations set forth in Chapter 17.102 shall apply in the OS zone. (Ord. 12078 3 (part), 1998)
Chapter 17.11A R-l ONE ACRE ESTATE RESIDENTIAL ZONE REGULATIONS
17.11 A. 170 Other zoning provisions.
A.
Parking and Loading. Off-street parking and loading shall be provided as
prescribed in the off-street parking and loading requirements in Chapter 17.116.
B.
Bicycle Parking. Bicycle parking shall be provided as'prescribed in the bicycle
parking regulations in Chapter 17.117.
CB. Home Occupations. Home occupations shall be subject to the applicable
provisions of the home occupation regulations in Chapter 17.112.
DC
Nonconforming Uses. Nonconforming uses and changes therein shall be subject
to the nonconforming use regulations in Chapter 17.114.
ED. General Provisions. The general exceptions and other regulations set forth in
Chapters 17.102, 17.104, 17.106, and 17.108 shall apply in the R-1 zone.
FE.
Recycling Space Allocation Requirements. The regulations set forth in Chapter
17.118 shall apply in the R-1 zone.
GF.
Landscaping and Screening Standards. The regulations set forth in Chapter 17.124
shall apply in the R-l zone. (Ord, 12376 3 (part), 2001: Ord. 12272 3 (part), 2000)
Chapter 17.12 R-10 ESTATE RESIDENTIAL ZONE REGULATIONS
17.12.170
Other zoning provisions.
A.
Parking and Loading. Off-street parking and loading shall be provided as
prescribed in the off-street parking and loading requirements in Chapter 17.116.
B.
Bicycle Parking. Bicycle parking shall be provided as prescribed in the bicycle
parking regulations in Chapter 17.117.
CB. Home Occupations. Home occupations shall be subject to the applicable
provisions of the home occupation regulations in Chapter 17.112.
DC
Nonconforming Uses. Nonconforming uses and changes therein shall be subject
to the nonconforming use regulations in Chapter 17.114.
EXHIBIT A
ED. General Provisions. The general exceptions and other regulations set forth in
Chapters 17.102, 17.104, 17.106, and 17.108 shall apply in the R-10 zone.
FE.
Recycling Space Allocation Requirements. The regulations set forth in Chapter
17.118 shall apply in the R-IO zone.
GP.
Landscaping and Screening Standards. The regulations set forth in Chapter 17.124
shall apply in the R-l 0 zone.
(Ord. 12376 3 (part), 2001: Ord. 11807 3 (part), 1995; priorplanning code 3274)
Chapter 17.14 R-20 LOW DENSITY RESIDENTIAL ZONE REGULATIONS
17.14.170
Other zoning provisions.
A.
Parking and Loading. Off-street parking and loading shall be provided as
prescribed in the off-street parking and loading requirements in Chapter 17.116.
B.
Bicycle Parking. Bicycle parking shall be provided as prescribed in the bicvcle
parking regulations in Chapter 17.117.
CB. Home Occupations. Home occupations shall be subject to the applicable
provisions of the home occupation regulations in Chapter 17.112.
DC
Nonconforming Uses. Nonconforming uses and changes therein shall be subject
to the nonconforming use regulations in Chapter 17.114.
ED. General Provisions. The general exceptions and other regulations set forth in
Chapters 17.102, 17.104, 17.106, and 17.108 shall apply in the R-20 zone.
FE.
Recycling Space Allocation Requirements. The regulations set forth in Chapter
17.118 shall apply in R-20 zone.
GF.
Landscaping and Screening Standards. The regulations set forth in Chapter 17.124
shall apply in the R-20 zone. (Ord. 12376 3 (part), 2001: amended during 1997 codification;'
Ord. 11807 3 (part), 1996; prior planning code 3374)
Chapter 17.16 R-30 ONE-FAMILY RESIDENTIAL ZONE REGULATIONS
17.16.170
Other zoning provisions.
A.
Parking and Loading. Off-street parking and loading shall be provided as
prescribed in the off-street parking and loading requirements in Chapter 17.116.
B.
Bicycle Parking. Bicycle parking shall be provided as prescribed in the bicycle
pu-king regulations in Chat:)ter 17.117.
CB. Home Occupations. Home occupations shall be subject to the applicable
provisions of the home occupation regulations in Chapter 17.112.
D^- Nonconforming Uses. Nonconforming uses and changes therein shall be subject
to the nonconforming use regulations in Chapter 17.114.
ED. General Provisions. The general exceptions and other regulations set forth in
Chapters 17.102, 17.104, 17.106, and 17.108 shall apply in the R-30 zone.
Y.^.
Recycling Space Allocation Requirements. The regulations set forth in Chapter
17.118 shall apply in R-30 zone.
GF.
Landscaping and Screening Standards. The regulations set forth in Chapter 17.124
shall apply in the R-30 zone.
(Ord. 12376 3 (part), 2001: amended during 1997 codification; Ord. 11807 3 (part), 1995;
prior planning code 3474)
Chapter 17.18 R-35 SPECIAL ONE-FAMILY RESIDENTIAL ZONE REGULATIONS
12
EXHIBIT A
17.18.180
Other zoning provisions.
A.
Parking and Loading. Off-street parking and loading shall be provided as
prescribed in the off-street parking and loading requirements in Chapter 17.116.
B.
Bicvcle Parldng. Bicycle parking shall be provided as prescribed in the bicvcle
parking regulations in Chapter 17.117.
CB. Home Occupations. Home occupations shall be subject to the applicable
provisions of the home occupation regulations in Chapter 17.112.
DC
Nonconforming Uses. Nonconforming uses and changes therein shall be subject
to the nonconforming use regulations in Chapter 17.114.
EL^- General Provisions. The general exceptions and other regulations set forth in
Chapters 17.102, 17.104, 17.106, and 17.108 shall apply in the R-35 zone.
FE.
Recycling Space Allocation Requirements. The regulations set forth in Chapter
17.118 shall apply in R-35 zone.
GE.
Landscaping and Screening Standards. The regulations set forth in Chapter 17.124
shall apply in the R-35 zone.
(Ord. 12376 3 (part), 2001: amended during 1997 codification; Ord. 11807 3 (part), 1995;
prior planning code 3574)
Chapter 17.20 R-36 SMALL LOT RESIDENTIAL ZONE REGULATIONS
17.20.180
Other zoning provisions.
B.
Bicycle Parking, Bicvcle parking shall be provided as prescribed in the bicvcle
pai-king regulations in Chapter 17.117.
CB. Home Occupations. Home occupations shall be subject to the applicable
provisions of the home occupation regulations in Chapter 17.112.
DC
Nonconforming Uses. Nonconforming uses and changes therein shall be subject
to the nonconforming use regulations in Chapter 17.114.
ED. General Provisions. The general exceptions and other regulations set forth in
Chapters 17.102, 17.104, 17.106, and 17.108 shall apply in the R-36 zone.
FE.
Recycling Space Allocation Requirements. The regulations set forth in Chapter
17.118 shall apply in R-36 zone.
GF.
Landscaping and Screening Standards. The regulations set forth in Chapter 17.124
shall apply in the R-36 zone. (Ord. 12376 3 (part), 2001: amended during 1997 codification;
Ord. 11807 3 (part), 1995; prior planning code 3599)
Chapter 17.22 R-40 GARDEN APARTMENT RESIDENTIAL ZONE REGULATIONS
17.22.190
Other zoning provisions.
A.
Parking and Loading. Off-street parking and loading shall be provided as
prescribed in the off-street parking and loading requirements in Chapter 17.116.
B^
Bicycle Parking. Bicvcle parking shall be provided as prescribed in the bicvcle
parking regulations in Chapter 17.117.
BC. Home Occupations. Home occupations shall be subject to the applicable
provisions of the home occupation regulations in Chapter 17.112.
DC
Nonconforming Uses, Nonconforming uses and changes therein shall be subject
to the nonconforming use regulations in Chapter 17.114.
ED. General Provisions. The general exceptions and other regulations set forth in
Chapters 17.102, 17.104, 17.106, and 17.108 shall apply in the R-40 zone.
13
EXHIBIT A
FE.
Recycling Space Allocation Requirements. The regulations set forth in Chapter
17.118 shall apply in R-40 zone.
GE. Landscaping and Screening Standards. The regulations set forth in Chapter 17.124
shall apply in the R-40 zone.
(Ord. 12376 3 (part), 2001: amended during 1997 codification; Ord. 11807 3 (part), 1995;
prior planning code 3624)
Chapter 17.24 R-50 MEDIUM DENSITY RESIDENTIAL ZONE REGULATIONS
17.24.190
Other zoning provisions.
A.
Parking and Loading. Off-street parking and loading shall be provided as
prescribed in the off-street parking and loading requirements in Chapter 17.116.
B.
Bicycle Parking. Bicycle parking shall be provided as prescribed in the bicvcle
parking regulations in Chapter 17.117.
CB. Home Occupations. Home occupations shall be subject to the applicable
provisions of the home occupation regulations in Chapter 17.112.
DC
Nonconforming Uses. Nonconforming uses and changes therein shall be subject
to the nonconforming use regulations in Chapter 17.114.
ED. General Provisions. The general exceptions and other regulations set forth in
Chapter 17.102, 17.104, 17.106, and 17.108 shall apply in the R-50 zone.
FE.
Recycling Space Allocation Requirements. The regulations set forth in Chapter
17.118 shall apply in R-50 zone.
GE. Landscaping and Screening Standards. The regulations set forth in Chapter 17.124
shall apply in the R-50 zone.
(Ord. 12376 3 (part), 2001: amended during 1997 codification; Ord. 11807 3 (part), 1995;
prior planning code 3674)
Chapter 17.26 R-60 MEDIUM-HIGH DENSITY RESIDENTL\L ZONE REGULATIONS
17.26.180 Other zoning provisions.
A.
Parking and Loading. Off-street parking and loading shall be provided as
prescribed in the off-street parking and loading requirements in Chapter 17.116.
B.
Bicvcle Parking. Bicycle parking shall be provided as prescribed in the bicycle
parking regulations in Chapter 17.117.
CB. Home Occupations. Home occupations shall be subject to the applicable
provisions of the home occupation regulations in Chapter 17.112.
DC, Nonconforming Uses. Nonconforming uses and changes therein shall be subject
to the nonconforming use regulations in Chapter 17.114.
ED. General Provisions. The general exceptions and other regulations set forth in
Chapter 17.102 shall apply in the R-60 zone.
FE.
Recycling Space Allocation Requirements. The regulations set forth in Chapter
17.118 shall apply in R-60 zone.
(Amended during 1997 codification; Ord. 11807 3 (part), 1996; prior planning code 3774)
Chapter 17.28 R-70 HIGH DENSITY RESIDENTIAL ZONE REGULATIONS
17.28.190
Other zoning provisions.
A.
Parking and Loading. Off-street parking and loading shall be provided as
prescribed in the off-street parking and loading requirements in Chapter 17.116.
14
EXHIBIT A
B.
Bicycle Parking. Bicycle parking shall be provided as prescribed in the bicycle
parking regulations in Chapter 17.117.
CB. Home Occupations. Home occupations shall be subject to the applicable
provisions of the home occupation regulations in Chapter 17.112.
DC Nonconforming Uses. Nonconforming uses and changes therein shall be subject
to the nonconforming use regulations in Chapter 17.114.
ED. General Provisions. The general exceptions and other regulations set forth in
Chapter 17.102 shall apply in the R-70 zone.
FE.
Recycling Space Allocation Requirements. The regulations set forth in Chapter
17.118 shall apply in R-70 zone. (Amended during 1997 codification; Ord. 11807 3 (part),
1995; priorplanning code 3824)
Chapter 17.30
R-80 HIGH-RISE APARTMENT RESIDENTIAL ZONE REGULATIONS
17.30.210
Other zoning provisions.
A.
Parking and Loading. Off-street parking and loading shall be provided as
prescribed in the off-street parking and loading requirements in Chapter 17.116.
B.
Bicycle Parking. Bicvcle parking shall be provided as prescribed in the bicycle
parking regulations in Chapter 17.117.
CB. Home Occupations. Home occupations shall be subject to the applicable
provisions of the home occupation regulations in Chapter 17.112.
DC Nonconforming Uses. Nonconforming uses and changes therein shall be subject
to the nonconforming use regulations in Chapter 17.114.
ED. General Provisions. The general exceptions and other regulations set forth in
Chapter 17.102 shall apply in the R-80 zone.
E.
Recycling Space Allocation Requirements. The regulations set forth in Chapter
17.118 shall apply in R-80 zone.
(Amended during 1997 codification; Ord. 11807 3 (part), 1995; prior planning code 3874)
Chapter 17.32 R-90 DOWNTOWN APARTMENT RESIDENTIAL ZONE REGULATIONS
17.32.210
Other zoning provisions.
A.
Parking and Loading. Off-street parking and loading shall be provided as
prescribed in the off-street parking and loading requirements in Chapter 17.116.
B.
Bicvcle Parking. BJcyclc parking shall be provided as prescribed in the bicycle
parking regulations in Chapter 17.117.
CB. Home Occupations. Home occupations shall be subject to the applicable
provisions of the home occupation regulations in Chapter 17.112.
DC Nonconforming Uses. Nonconforming uses and changes therein shall be subject
to the nonconforming use regulations in Chapter 17.114.
ED. General Provisions. The general exceptions and other regulations set forth in
Chapter 17.102 shall apply in the R-90 zone.
FE.
Recycling Space Allocation Requirements. The regulations set forth in Chapter
17.118 shall apply in R-90 zone.
(Amended during 1997 codification; Ord. 11807 3 (part), 1995; priorplanning code 3924)
15
EXHIBIT A
16
EXHIBIT A
FE.
Recycling Space Allocation Requirements. The regulations set forth in Chapter
17.118 shall applyin C-20 zone. (Amended during 1997 codification; Ord. 11807 3 (part),
1995; prior planning code 4324)
Chapter 17.40 C-25 OFFICE COMMERCIAL ZONE REGULATIONS
17.40.210
Other zoning provisions.
A.
Parking and Loading. Off-street parking and loading shall be provided as
prescribed in the off-street parking and loading requirements in Chapter 17.116.
B.
Bicycle Parking. Bicycle pai'king shall be provided as prescribed in the bicycle
parking regulations in Chapter 17.117.
CB. Home Occupations. Home occupations shall be subject lo the applicable
provisions of the home occupation regulations in Chapter 17.112.
DC
Nonconforming Uses. Nonconforming uses and changes therein shall be subject
to the nonconforming use regulations in Chapter 17.114.
ED. General Provisions. The general exceptions and other regulations set forth in
Chapter 17.102 shall apply in the C-25 zone.
FE.
Recycling Space Allocation Requirements. The regulations set forth in Chapter
17.118 shall apply in C-25 zone. (Amended during 1997 codification; Ord. 11807 3 (part),
1995; priorplanning code 4374)
Chapter 17.42 C-27 VILLAGE COMMERCLVL ZONE REGULATIONS
17.42.200
Other zoning provisions.
A.
Parking and Loading. Off-street parking and loading shall be provided as
prescribed in the off-street parking and loading requirements in Chapter 17.116.
B.
Bicvcle Parking. Bicvcle parking shall be provided as prescribed in the bicycle
parking regulations in Chapter 17.117.
CB. Home Occupations. Home occupations shall be subject to the applicable
provisions of the home occupation regulations in Chapter 17.112.
DC
Nonconforming Uses. Nonconforming uses and changes therein shall be subject
to the nonconforming use regulations in Chapter 17.114.
ED.
General Provisions. The general exceptions and other regulations set forth in
Chapter 17.102 shall apply in the C-27 zone.
FE.
Recycling Space Allocation Requirements. The regulations set forth in Chapter
17.118 shall apply in C-27 zone. (Amended during 1997 codification; Ord. 11807 3 (part),
1995; prior planning code 4424)
Chapter 17.44 C-28 COMMERCIAL SHOPPING DISTRICT ZONE REGULATIONS
17.44.210
Other zoning provisions.
A.
Parking and Loading. Except as provided in Section 17.44.200(C)(2)(a), off-street
parking and loading shall be provided as prescribed in the off-street parking and loading
requirements in Chapter 17.116.
B^
Bicycle Parking, Bicycle parking shall be provided as prescribed in the bicvcle
parking regulations in Chapter 17.117.
CB. Home Occupations. Home occupations shall be subject to the applicable
provisions of the home occupation regulations in Chapter 17.112.
17
EXHIBIT A
DC
Nonconforming Uses. Nonconforming uses and changes therein shall be subject
to the nonconforming use regulations in Chapter 17.114.
ED. General Provisions. The general exceptions and other regulations set forth in
Chapter 17.102 shall apply in the C-28 zone.
FE.
Recycling Space Allocation Requirements. The regulations set forth in Chapter
17.118 shall apply in C-28 zone. (Amended during 1997 codification; Ord. 11807 3 (part),
1995; prior planning code 4449)
Chapter 17.46
C-30 DISTRICT THOROUGHFARE COMMERCIAL ZONE REGULATIONS
17.46.200
Other zoning provisions.
A.
Parking and Loading. Off-street parking and loading shall be provided as
prescribed in the off-street parking and loading requirements in Chapter 17.116.
B.
Bicycle Parking. Bicvcle parking shall be provided as prescribed in the bicvcle
parking regulations in Chapter 17.117,
CB. Home Occupations. Home occupations shall be subject to the applicable
provisions of the home occupation regulations in Chapter 17.112.
DC
Nonconforming Uses. Nonconforming uses and changes therein shall be subject
to the nonconforming use regulations in Chapter 17.114.
ED.
General Provisions. The general exceptions and other regulations set forth in
Chapter 17.102 shall apply in the C-30 zone.
FE.
Recycling Space Allocation Requirements. The regulations set forth in Chapter
17.118 shall apply in C-30 zone. (Amended during 1997 codification; Ord. 11807 3 (part),
1995; prior plarming code 4474)
Chapter 17.48 C-31 SPECIAL RETAIL COMMERCL\L ZONE REGULATIONS
17.48.190
Other zoning provisions.
A.
Parking and Loading. Off-street parking and loading shall be provided as
prescribed in the off-street parking and loading requirements in Chapter 17.116.
B.
Bicycle Parking. Bicycle parking shall be provided as prescribed in the bicycle
parking regulations in Chapter 17.117.
CB. Home Occupations. Home occupations shall be subject to the appUcable
provisions of the home occupation regulations in Chapter 17.112.
DC
Nonconfonning Uses. Nonconforming uses and changes therein shall be subject
to the nonconforming use regulations in Chapter 17.114.
ED.
General Provisions. The general exceptions and other regulations set forth in
Chapter 17.102 shall apply in the C-31 zone.
FE.
Recycling Space Allocation Requirements. The regulations set forth in Chapter
17.118 shall apply in C-31 zone. (Amended during 1997 codification; Ord. 11807 3 (part),
1995; prior planning code 4499)
Chapter 17.50 C-35 DISTRICT SHOPPING COMMERCIAL ZONE REGULATIONS
17.50.210
Other zoning provisions.
EXHIBIT A
A.
Parking and Loading, Off-street parking and loading shall be provided as
prescribed in the off-street parking and loading requirements in Chapter 17.116.
B.
Bicvcle Parking. Bicvcle parking shall be provided as prescribed in the bicvcle
parking regulations in Chapter 17.117.
CB. Home Occupations. Home occupations shall be subject to the applicable
provisions of the home occupation regulations in Chapter 17.112.
DG. Nonconforming Uses. Nonconforming uses and changes therein shall be subject
to the nonconforming use regulations in Chapter 17.114.
ED.
General Provisions. The general exceptions and other regulations set forth in
Chapter 17.102 shall apply in the C-35 zone.
FE.
Recycling Space Allocation Requirements. The regulations set forth in Chapter
17.118 shall applyin C-35 zone. (Amended during 1997 codification; Ord. 11807 3 (part),
1995; prior planning code 4524)
Chapter 17.52
C-36 GATEWAY BOULEVARD SERVICE COMMERCLVL ZONE REGULATIONS
17.52.200
Other zoning provisions.
A.
Parking and Loading. Off-street parking and loading shall be provided as
prescribed in the off-street parking and loading requirements in Chapter 17.116.
B.
Bicycle Parking. Bicvcle parking shall be provided as prescribed in the bicycle
parking regulations in Chapter 17.117.
C. Nonconfonning Uses. Nonconforming uses and changes therein shall be subject
to the nonconforming use regulations in Chapter 17.114.
DC
General Provisions. The general exceptions andother regulations set forth in
Chapter 17.102 shall apply in the C-36 zone.
ED. Recycling Space Allocation Requirements. The regulations set forth in Chapter
17.118 shall apply in the C-36 zone. (Ord. 12076 3 (part), 1998: amended during 1997
codification; Ord. 11807 3 (part), 1995; priorplanning code 4549)
Chapter 17.54 C-40 COMMUNITY THOROUGHFARE COMMERCIAL ZONE
REGULATIONS
17.54.200
Other zoning provisions.
A.
Parking and Loading. Off-street parking and loading shall be provided as
prescribed in the off-street parking and loading requirements in Chapter 17.116.
B.
Bicvcle Parking. Bicycle parking .shall be provided as prescribed in the bicvcle
parking regulations in Chapter 17.117.
BC.
Home Occupations. Home occupations shall be subject to the applicable
provisions of the home occupation regulations in Chapter 17.112.
DC
Nonconforming Uses. Nonconforming uses and changes therein shall be subject
to the nonconforming use regulations in Chapter 17.114.
ED. General Provisions. The general exceptions and other regulations set forth in
Chapter 17.102 shall apply in the C-40 zone.
FE.
Recycling Space Allocation Requirements. The regulations set forth in Chapter
17.118 shall apply in C-40 zone. (Amended during 1997 codification; Ord. 11807 3 (part),
1995; prior planning code 4574)
19
EXHIBIT A
Chapter 17.56 C-45 COMMUNITY SHOPPING COMMERCIAL REGULATIONS
17.56.210
Other zoning provisions.
A.
Parking and Loading. Off-street parking and loading shall be provided as
prescribed in the off-street parking and loading requirements in Chapter 17.116.
B.
Bicycle Parking. Bicvcle parking shall be provided as prescribed in the bicycle
parking regulations in Chapter 17.117.
CB. Home Occupations. Home occupations shall be subject to the applicable
provisions of the home occupation regulations in Chapter 17.112.
DC
Nonconforming Uses. Nonconforming uses and changes therein shall be subject
to the nonconforming use regulations in Chapter 17.114.
ED. General Provisions. The general exceptions and other regulations set forth in
Chapter 17.102 shall apply in the C-45 zone.
FE.
Recycling Space Allocation Requirements. The regulations set forth in Chapter
17.118 shall apply in C-45 zone. (Amended during 1997 codification; Ord. 11807 3 (part),
1995; prior plarming code 4624)
Chapter 17.58 C-51 CENTRAL BUSINESS SERVICE COMMERCIAL ZONE
REGULATIONS
17.58.210
Other zoning provisions.
A.
Parking and Loading. Off-street parking and loading shall be provided as
prescribed in the off-street parking and loading requirements in Chapter 17.116.
B.
Bicvcle Pai'king. Bicycle parking shall be provided as prescribed in the bicycle
parking regulations in Chapter 17.117.
CB. Home Occupations. Home occupations shall be subject to the applicable
provisions of the home occupation regulations in Chapter 17.112.
DG. Nonconforming Uses. Nonconforming uses and changes therein shall be subject
to the nonconforming use regulations in Chapter 17.114.
ED.
General Provisions. The general exceptions and other regulations set forth in
Chapter 17.102 shall apply in the C-51 zone.
FE.
Recycling Space Allocation Requirements. The regulations set forth in Chapter
17.118 shall apply in C-51 zone. (Amended during 1997 codification; Ord. 11807 3 (part),
1995; prior planning code 4849)
Chapter 17.60 C-52 OLD OAKLAND COMMERCIAL ZONE REGULATIONS
17.60.200
Other zoning provisions.
A.
Home Occupations. Home occupations shall be subject to the applicable
provisions of the home occupation regulations in Chapter 17.112.
B.
Bicycle Parking. Bicvcle parking shall be provided as prescribed in the bicycle
parking regulations in Chapter 17.117.
CB. Nonconforming Uses. Nonconforming uses and changes therein shall be subject
to the nonconforming use regulations in Chapter 17.114.
DC
General Provisions. The general exceptions and other regulations set forth in
Chapter 17.102 shall apply in the C-52 zone.
ED. Recycling Space Allocation Requirements. The regulations set forth in Chapter
17.118 shall apply in the C-52 zone. (Amended during 1997 codification; Ord. 11807 3 (part),
1995; prior planning code 4874)
20
EXHIBIT A
21
EXHIBIT A
22
EXHIBIT A
B.
Bicycle Parking. Bicycle parking shall be provided as prescribed in the bicycle
parking regulations in Chapter 17.117.
CB. Nonconforming Uses. Nonconforming uses and changes therein shall be subject
to the nonconforming use regulations in Chapter 17.114.
DC
General Provisions. The general exceptions and other regulations set forth in
Chapter 17.102 shall apply in the M-40 zone.
ED. Recycling Space Allocation Requirements. The regulations set forth in Chapter
17.118 shall apply in M-40 zone. (Amended during 1997 codification; Ord. 11807 4 (part),
1995; prior planning code 5824)
Chapter 17.74 S-1 MEDICAL CENTER ZONE REGULATIONS
17.74.190
Other zoning provisions.
A.
Parking and Loading. Off-street parking and loading shall be provided as
prescribed in the off-street parking and loading requirements in Chapter 17.116.
B.
Bicycle Parking. Bicycle parking shall be provided as prescribed in the bicvcle
parking regulations in Chatoter 17.117.
CB. Home Occupations. Home occupations shall be subject to the applicable
provisions of the home occupation regulations in Chapter 17.112.
DC
Nonconforming Uses. Nonconforming uses and changes therein shall be subject
to the nonconforming use regulations in Chapter 17.114.
ED.
General Provisions. The general exceptions and other regulations set forth in
Chapter 17.102 shall apply in the S-I zone.
FE.
Recycling Space Allocation Requirements. The regulations set forth in Chapter
17.118 shall applyin S-1 zone. (Ord. 11807 5 (part), 1995; priorplanning code 6124)
Chapter 17.76 S-2 CIVIC CENTER ZONE REGULATIONS
17.76.210
Other zoning provisions.
A.
Parking and Loading. Off-street parking and loading shall be provided as
prescribed in the off-street parking and loading requirements in Chapter 17.116.
B.
Bicycle Parking. Bicvcle parking shall be provided as prescribed in the bicvcle
parking regulations in Chapter 17.117.
CB. Home Occupations. Home occupations shall be subject to the applicable
provisions of the home occupation regulations in Chapter 17.112.
DC
Nonconforming Uses. Nonconforming uses and changes therein shall be subject
to the nonconforming use regulations in Chapter 17.114.
ED. General Provisions. The general exceptions and other regulations set forth in
Chapter 17.102 shall apply in the S-2 zone.
FE.
Recycling Space Allocation Requirements. The regulations set forth in Chapter
17.118 shall apply in the S-2 zone. (Amended during 1997 codification; Ord. 11807 5 (part),
1995; priorplanning code 6174)
Chapter 17.78 S-3 RESEARCH CENTER ZONE REGULATIONS
17.78.150
Olher zoning provisions.
A.
Parking and Loading. Off-street parking and loading shall be provided as
prescribed in the off-street parking and loading requirements in Chapter 17.116.
23
EXHIBIT A
B.
Bicycle Parking. Bicycle parking shall be provided as prescribed in the bicycle
parking regulations in Chapter 17.117.
CB. Nonconforming Uses. Nonconforming uses and changes therein shall be subject
to the nonconforming use regulations in Chapter 17.114.
DC
General Provisions. The general exceptions and other regulations set forth in
Chapter 17.102 shall apply in the S-3 zone.
jD. Recycling Space Allocation Requirements. The regulations set forth in Chapter
17.118 shall apply in the S-3 zone.
(Amended during 1997 codification; Ord. 11807 5 (part), 1995; prior planning code 6224)
Chapter 17.97 S.-15 TRANSIT ORIENTED DEVELOPMENT ZONE REGULATIONS
17.97.210
Other zoning provisions.
A.
Parking and Loading. Off-street parking and loading shall be provided as
prescribed in the off-street parking and loading requirements in Chapter 17.116.
B.
Bicycle Parking. Bicvcle parking shall be provided as prescribed in tlie bicycle
parking regulations in Chapter 17.117.
CB. Home Occupations. Home occupations shall be subject to the applicable
provisions of the home occupation regulations in Chapter 17.112.
DC
Nonconforming Uses. Nonconforming uses and changes therein shall be subject
to the nonconforming use regulations in Chapter 17.114.
ED.
General Provisions. The general exceptions and other regulations set forth in
Chapter 17.102 shall apply-in the S-15 zone. (Amended during 1997 codification; prior code
6876)
24
EXHIBIT B
Title 9
Additions to Tide 9 of the Oakland Municipal Code are shown as underline and omissions are shown as
strike through.
Chapter 9.52 SPECIAL EVENT PERMffS*
Note to Chapter 9.52
9.52.010
9.52.020
9.52.030
9.52.040
9.52.050
9.52.060
9.52.070
9.52.080
9.52.090
9.52.100
9.52.110
9.52.120
Title.
Purpose.
Permit required.
Definitions.
Application procedureFee.
Contents of application fomi.
Action on application.
Conditional approval of permit.
Grounds for denial of application.
Revocahon of event permit.
Penalhes for violation of event permit requirements.
Extraordinary police costs and/or traffic control fees.
EXHIBIT B
bicvcles. and where a safe and sufficiently large area has been set aside foi' event attendees lo leave rhejr
bicycles.
"Entertainment" means providing to the public food and/or beverages; live or recorded music; dancing;
mechanical, animal or carnival rides; games of chance; performances and/or plays; audiovisual
presentations; amplified sound; competitive or sporting events; and/or promotional events.
"Chief of Police" means the Chief of the Oakland Police Department or his or her designee.
"Extraordinary police services" means responsive police services which are in addition to and in excess of
the normal police services provided lo the faciUty or off-site as a direct result of the event at the facility.
"Facility" means the building, room or place where the special event is to take place.
"Open to the public" means an event not limited to invitees and otherwise open to any member of the
public with or without an admission fee or charge.
"Permit application fee" means the nonrefundable fee lo be paid by the permit applicant at the lime the
application is filed with the Chief of Police. A fee schedule shall be set by the City Council and shall
cover the actual costs of processing and investigation special event applications, and administering the
special events permit program.
"Responsible party" means, for the purpose of determining liability for damage to city or public facilities
as a result of a special event and liability for the cost of extraordinary police services pursuant to Section
9.52.120G, any event sponsor(s) and/or promoter(s) and/or facility operator(s) and/or facility owner(s)and
their respective designees.
"Security officer" means a person who possesses a valid state guard permit and who is currently licensed
by the city as a private watchman in accordance with the Oakland Municipal Code.
"Special event" (hereinafter "event") means, for the purpose ofthis chapter, an event sponsored by any
person, entity, business or group including but not limited to the Oakland Unified School District, the Port
of Oakland, the Oakland Coliseum complex, the Paramount Theater, and at any event venue within the
city and open to the public:
A. Which is held in any public park and/or facility or on any property and/or facility which is open to the
public, and
B. At which fifty (50) or more participants (including sponsors and guests) are present, and
C. At which entertainment is provided by or for any person, and/or made available to any person, and/or
D. For-profit entertainment activities of persons, entities and businesses who or which are currently
licensed to regularly provide specified entertainment activities at fixed locations in the city but which
holds an event that will foreseeabiy result in impacts on public safety, health, welfare, and police
resources.
Exclusions: "Special Event," as defined in this section, shall not include:
A. An event held in a private residence where no admission is charged, the event is not open or
advertised to the public, and no extraordinary police services are required;
B. An event held in a members-only facility at which the only participants are the members (and their
invited nonpaying guests) and no extraordinary police services are required;
C. Events sponsored by religious entities held in the religious entity's facility which only members by
permission attend and no extraordinary police services are required;
D. For-profit entertainment activities of persons, entities and businesses such as cabarets who or which
are currently licensed to regularly provide specified entertainment activities at fixed locations in the
city and no extraordinary police services are required;
E. Any entertainment for which other special permits have previously been obtained, such as, but not
limited to, parade permits, dance permits, short-term encroachment permits and city sponsored events
otherwise permitted when the Chief of Police determines such other permits are more appropriate for
the particular event.
F. Any event, series of events and/or specific type of event may be exempted at the discretion of the
Chief of Police, based upon evidence that the event or events will not impact police services and will
not affect public health, safety and welfare.
EXHIBIT B
G. An event held at an East Bay Regional Park facility which is subject to existing permit application
procedures adopted by the East Bay regional park district, provided the East Bay regional park district
notifies all applicants that any person or entity issued a permit for an event at an East Bay regional
park facility is liable for the provision by the Oakland Police Department of extraordinary police
services that may be required as a result of the event. (Ord. 12132 1 (part), 1999)
9.52.050
Application procedureFee.
A. Application shall be made to the Oakland Police Department, at least twenty-one (21) calendar days
prior to the event; however, if the event will require extraordinary police services, the applicant must
apply to the Chief of Police for a permit thirty (30) days in advance of the special event, and must
execute a written agreement in which applicant agrees to pay the costs of such services, pursuant to
Section 9.52.110.
B. Application forms submitted pursuant to subsection A ofthis section shall be fully and truthfully
completed by the applicant. Failure to fully and truthfully complete the application form shall be
grounds for denial;
C. If admission fees or donations are to be collected and/or food, liquid refreshments or physical articles
are to be sold at the event, the applicant must present proof of federal and/or state tax exemption
status or present a copy of a valid city of Oakland business license and tax certificate and a food
handling permit if applicable before the permit may be issued;
D. If music, dance or any other form of entertainment activity requiring sound amplification equipment
is to be provided or allowed at the event, the applicant must so state on the application form and must
provide assurance that the city's noise ordinance will not be violated as a result of the activity.
E. Upon application, the applicant shall state the name and address of the facility, and identify the type
of facility, where the event will take place. Before the permit may be issued, the applicant shall be
required to present a photocopy of a valid city of Oakland dance hall, cabaret, or other applicable
permit or license which authorizes the use of the facility for this type of activity or event. Further, the
applicant shall complete the portions of the application which require identification of any occupancy
restrictions or other conditions for use imposed by the city on the designated facility; and
F. Upon application, the applicant shall pay a fee as established by the city master fee schedule. The
Chief of Police shall have the discretion to waive this fee for nonprofit organizations. (Ord. 12132 1
(part), 1999)
9.52.060
Contents of application form.
The application for a special event shall provide the following information:
A. All events: The name, address, telephone number, and date of birth of applicant and an altemative
contact person. If the special event is proposed to be sponsored by one or more organizations, the
name, address and telephone number of the organizahons, and the president(s) of the organization. If
requested by the Chief of Police, written authorization to apply for the special event shall be provided
by an officer of the requesting organization;
B. The name, address and telephone number of the person who will be present and in charge at the time
of the special event;
C. The nature and purpose of the event;
D. The proposed date, location and estimated starting and ending time of the event;
E. Estimated number of persons anticipated at the event;
F. Description of any sound amplification equipment which will be used at the event;
G. Whether any food or alcoholic and/or nonalcoholic beverages will be sold at the event;
H. Whether monitors or security persons will be utilized at the event;
I. Parking contingencies planned for the event;
J. A description of the provisions to be made for attended bicycle parking, pursuanllo Section 9.52.080:
EXHIBIT B
K. Any supplementary information which the Chief of Police shall find reasonably necessary, under the
particular circumstances of the special event application to determine whether to approve or
conditionally approve the permit. (Ord, 12132 1 (part), 1999)
9.52.070
Achon on application.
A. The Chief of Police shall approve, conditionally approve, or deny the application based on the
grounds specified in Sections 9.52.080 to 9.52.090. Such action shall be taken not later than fifteen
(15) calendar days after the filing of a complete application. The applicant shall be nofified of any
conditions of approval pursuant to Section 9.52.080 at the time the action on the application is taken.
B. If the application is denied or conditionally approved, at the time of taking action on the application,
the Chief of Police shall inform the applicant in writing of the grounds for denial, or of the reason for
the imposition of conditions.
C. If the Chief of Police relied upon information regarding the event other than that which was contained
in the application, he or she shall inform the applicant of the addifional information considered. (Ord.
12132 1 (part), 1999)
9.52.080
Conditional approval of permit.
The Chief of Police may impose addifional condifions to a permit in the exercise of his or her reasonable
discrefion when condifionally granting a permit, including but not limited to:
A. Requiring the applicant to retain or hire one or more security officers to provide security at and during
the event, said security officers present and on duty at all fimes during the event;
B. Requiring the applicant to be personally present at all times during the event;
C. Requiring the applicant to provide a working telephone where he or she can be reached directly at all
times during the event;
D. Requiring the posting of the event permit at the event facility;
E. Requiring a refundable security deposit before issuance of the permit toward the costs of city services
and/or cost of damages to public facilities that may be associated with such an event;
F. Requiring provision of medical services on-site on a case-by-case basis and/or in considerafion of the
applicant's previous history;
G. Requiring in the case of live performances the actual name and stage name of every act performing;
H. Requiring the submission of copies of all promotional materials simultaneously with the posting or
distribution of said materials. All promotional materials must identify the promoter, and must not be
posted or affixed to or on city or public property;
I. Requiring a proof of liability insurance in the amount required by the city;
L Requiring the event proniotei' to provide aUended bike narking service for events that expect 5.000 or
more attendees, and for smaller events at the discrefion of the Chief of Police. The promoterinust
advertise the seryjce .t.p potential attendees in aM.q.utreach.and advertising materials and media, and
place the bike parking area in an accessible location:
K. Requiring such other additional conditions as are reasonably believed to be necessary to protect the
public health, safety, welfare and order, and to minimize adverse impacts upon the surrounding
neighborhood and the general community. (Ord. 12132 1 (part), 1999)
9.52.090
Grounds for denial of application.
Permits for special events will be granted at the discretion of the Chief of Police. A special events permit
application may be denied upon evidence that:
A. Information contained in the application, or supplementary information requested from the applicant,
is false in any material detail; or
B. The applicant has failed to provide a complete application form after having been nofified of the
requirement of producing additional information or documents; or
C. The applicant has not submitted a completed applicafion form in the fime provided pursuant to
Section 9.52.050.
EXHIBIT B
D. The applicant has previously had a permit revoked, in Oakland or in another jurisdiction, for violafion
of permit condifions or for unlawfiil conduct relating thereto and it is reasonably believed that similar
violations or unlawful conduct will again occur;
E. The granting of the permit will have a substanfial adverse impact upon the public health, safety, or
order; and/or
F. The granfing of the permit will result in substanfial adverse impacts (including, but not limited to,
noise, litter, traffic and congestion) upon the surrounding neighborhood or the community in.general.
G. Another complete special event application has been previously filed for a different event at the same
fime and place requested by the applicant, or so close in fime and place as to cause traffic congestion
or a demand for police services which the Police Department is unable to meet; or
H. The time or size of the event will substantially interrupt the safe and orderly movement of pedestrian
or vehicular traffic in the immediate vicinity of the event, or disrupt the use of a street at a time when
it is usually subject to great traffic congestion; or
I. The concentration of persons, animals and vehicles at the site of the event will prevent proper police,
fire, ambulance, or other essential public services to areas contiguous to the event; or
J. The size or duration of the event will require diversion of so great an amount of city police services
that providing for the minimum level of police services to other areas of the city is jeopardized; or
K. The event will substantially interfere with construction or maintenance work scheduled to take place
upon or along the city streets or a previously granted encroachment permit; or
L. The event will occur at a fime and place where the noise created by the activifies of the event will
substanfially disturb or dismpt the acfivities of such insfitutions as schools and hospitals; or
M. Sponsors have failed to pay the city for previous special events or parade fees and costs.
N. The applicant has previously had a permit revoked, in Oakland or in another jurisdicfion, for violafion
of permit conditions or for unlawful conduct relating thereto and it is reasonably believed that similar
violations or unlawful conduct will again occur;
O. The sponsor fails, or has failed in the past, to make provisions for attended bicycle parking, ptirsuant
to Section 9.52.080: or
P. The granting of the permit is likely to result in substanfial negafive impacts upon the delivery of citywide police services and therefore pose a threat to the public health, safety and order due to the
likelihood of the special event resulfing in a call for a police emergency response.
Q. The Chief of Police shall state, in writing, the reasons for any denial of the event permit. Any
applicant whose application is denied shall have the right to request reconsiderafion of the denial.
Reconsiderafion must be submitted to the Chief of Police or his designee within five days of issuance
of the denial. Said request for reconsideration shall be in writing and shall state any and all reasons of
any nature why the Chief of Police's stated reasons for denial are in error. Within five days of receipt
of said request for reconsiderafion, the Chief of Police shall send written notice of his/her decision
and or nofice of hearing on the reconsideration request to the applicant. (Ord. 12132 1 (part), 1999)
9,52.100
Revocafion of event permit.
An event permit may be revoked at any time during the event by the Patrol Division Commander, or his
designee, for;
A. Violafion of any of the imposed permit condifions; or
B. Failure to obtain and post any permit required by the State Alcoholic Beverage Control Board to
serve alcoholic beverages; or for
C. The occurrence of unlawful or criminal activity during the event.
D. Revocation shall be immediately effective upon public announcement of the revocation thereof by
any police officer designated by the Patrol Division Commander to so act. (Ord. 12132 1 (part),
1999)
9.52.110
EXHIBIT B
A. Any violation ofthis chapter may be charged as a civil penalty or an infracfion, as provided for in
Title 1 of the Oakland Municipal Code, except as specified in subsection B ofthis secfion.
Enforcement acfion specifically authorized by this secfion may be utilized in conjunction with, or in
addifion to, any other statutory, code, administrafive or regulatory procedure applicable to this
chapter. In addifion, nothing in this section shall be interpreted to preclude or limit the City from
seeking injuncfive or other judicial relief
B. It shall be a misdemeanor for the event sponsor or his or her designee to refuse to terminate an event
for violation of event condifions, or for holding an event without benefit .of permit. (Ord. 12132 1
(part), 1999)
9.52.120
Extraordinary police costs and/or traffic control fees.
A. Prepayment of Fees. Before a special event permit may be issued the Chief of Police shall provide the
applicant with a statement of the esfimated cost of providing extra police officers for the event. The
applicant/sponsor shall be required to pay these fees at a minimum two weeks in advance of the
event.
B. Computing Extra Police Services. The extra police services shall be computed by determining the
number of police officers who will be required for the special event beyond that which would
otherwise be required at that time, multiplied by the number of hours for which such additional
service is rendered at the rate of the city's full cost of providing officers on an hourly basis as
established by the master fee schedule. Such personnel to perform the additional police services shall
be determined by the Chief of Police in the number he or she determines is reasonably necessary for
the event. Police personnel assigned to special events are city employees while so engaged and are
under the sole direction of the Chief of Police.
C. Refunds or Additional Charges. If the actual cost for extra police services on the date of the event is
less than the estimated cost pursuant to subsection A ofthis section, the applicant/sponsor will be
prompfiy refunded the difference by the city from the general fund. If more police hours are required
than originally charged, the event sponsor will be billed the additional costs. Payment of additional
costs shall be due within fifteen (15) days of the date the bill is deposited in the mail. If full payment
is not received within the required time for payment, the event sponsor is subject to interest charges at
the maximum legal rate computed from the date the payment period expires. If the event is cancelled
less than five business days prior to the scheduled event, a cancellation fee will be assessed.
D. Failure to Reimburse for Addifional Police Services. The cost of any additional extraordinary police
services pursuant to subsection C ofthis section shall be collected from the event sponsor in any
manner prescribed by law, including but not limited to placement of a lien on the event sponsor's
property and/or an action in small claims court. This remedy is in addition to all other civil and
criminal remedies available to the city.
E. The costs assessed against an event sponsor and/or promoter and/or facility operator for recoupment
of the cost of additional exfraordinary police services pursuant to subsecfion C ofthis section shall
include: (1) the actual cost of salaries, benefits, and administrafive overhead of the police personnel
providing the services; (2) the cost of medical treatment for police personnel injured while providing
services; (3) the cost to replace or repair city property damaged while providing the services; and (4)
the cost incurred in making arrests while providing the services.
F. Any event sponsor and/or promoter and/or facility operator billed for additional extraordinary police
services pursuant to subsection C ofthis section may request a hearing on the matter before a hearing
examiner designated by the City Manager. In order to obtain a hearing, the event sponsor shall file a
written request therefor within ten days of the date of the invoice mailed to the sponsor that shall state
the grounds for appeal. When a written appeal is filed by the applicant, a hearing shall be set at a date
and time not less than ten and not more than forty-five (45) days following the filing of the appeal.
The event sponsor shall be nofified of the date, fime and place of the hearing. Upon conclusion of a
hearing, the hearing examiner shall render a decision within fifteen (15) days. The hearing examiner's
decision shall be final.
EXHIBIT B
G. The event sponsor(s) and/or promoter(s) and/or facility operator(s) and/or facility owner(s) and their
respective designees are all and each severally liable for the cost of additional exfraordinary police
services. (Ord. 12132 1 (part), 1999)