17.97.010 - Title, purpose, and applicability.

The provisions of this Chapter shall be known as the S-15 transit oriented development zone regulations. The S-15 zone is intended to create, preserve and enhance areas devoted primarily to serve multiple nodes of transportation and to feature high-density residential, commercial, and mixed-use developments to encourage a balance of pedestrian-oriented activities, transit opportunities, and concentrated development; and encourage a safe and pleasant pedestrian environment near transit stations by allowing a mixture of residential, civic, commercial, and light industrial activities, allowing for amenities such as benches, kiosks, lighting, and outdoor cafes; and by limiting conflicts between vehicles and pedestrians, and is typically appropriate around transit centers such as Bay Area Rapid Transit (BART) stations, AC Transit centers, and other transportation nodes. These regulations shall apply in the S-15 zone.

(Ord. 12776 § 3, Exh. A (part), 2006: Ord. 11892 § 4 (part), 1996: prior planning code § 6850)

17.97.020 - Required design review process.

Except for projects that are exempt from design review as set forth in Section 17.136.025, no Designated Historic Property, Potentially Designated Historic Property, Building Facility, Telecommunications Facility, Sign, or other associated structure shall be constructed, established, or altered in exterior appearance, unless plans for the proposal have been approved pursuant to the design review procedure in Chapter 17.136, and when applicable, the Telecommunications regulations in Chapter 17.128, or the Sign regulations in Chapter 17.104.

(Ord. No. 13028, § 2(Exh. A), 7-20-2010; Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. 12776 § 3, Exh. A (part), 2006: Ord. 12606 Att. A (part), 2004: Ord. 11904 § 5.62 (part), 1996: Ord. 11892 § 4 (part), 1996: prior planning code § 6851)

17.97.030 - Special regulations applying to mixed-use developments on Bay Area Rapid Transit (BART) stations on sites with one acre or more land area.

No mixed-use developments that include Bay Area Rapid Transit (BART) stations located on sites with one acre or more land area shall be permitted except upon the granting of a conditional use permit pursuant to Section 17.97.100 and the conditional use permit procedure in Chapter 17.134 or upon the granting of a planned unit development permit pursuant to Chapters 17.140 and 17.142, and shall be subject to the following special regulations:

A.

Intermodal Activities and Pedestrian Plaza. Developments should incorporate multiple forms of public transportation and a pedestrian plaza.

B.

Professional Design. The application shall utilize the following professionals in the design process for the development:

1.

An architect licensed by the state of California; and

2.

A landscape architect licensed by the state of California, or an urban planner holding or capable of holding membership in the American Institute of Certified Planners.

C.

Undergrounding of Utilities. All electric and telephone facilities; fire alarm conduits; street light wiring; and other wiring, conduits, and similar facilities shall be placed underground by the developer as required by the city. Electric and telephone facilities shall be installed in accordance with standard specifications of the serving utilities. Street lighting and fire alarm facilities shall be installed in accordance with standard specifications of the Electrical Department.

D.

Performance Bonds. The City Planning Commission or, on appeal, the City Council may, as a condition of approval of any said development, require a cash bond or surety bond for the completion of all or specified parts of the development deemed to be essential to the achievement of the purposes set forth in Section 17.97.010. The bond shall be in a form approved by the City Attorney, in a sum of 150 percent of the estimated cost of the work, and conditioned upon the faithful performance of the work specified within the time specified. This requirement shall not apply if evidence is provided to the city which indicates that alternative bonding or other assurances have been secured by the Bay Area Rapid Transit District.

(Ord. 12872 § 4 (part), 2008; Ord. 12776 § 3, Exh. A (part), 2006: Ord. 11892 § 4 (part), 1996: prior planning code § 6852)

17.97.040 - Permitted activities.

The following activities, as described in the use classifications in Chapter 17.10, are permitted:

A.

Residential Activities:

Permanent

B.

Civic Activities:

Essential Service

Limited Child Care

Community Assembly

Recreational Assembly

Community Education

Nonassembly Cultural

Administrative

Health Care

C.

Commercial Activities:

General Food Sales

Full Service Restaurant

Limited Service Restaurant and Cafe

Medical Service

General Retail Sales

Consumer Service

Consultative and Financial Service

Administrative

Business, Communication, and Media Service

Broadcasting and Recording Service

Group Assembly

Personal Instruction and Improvement and Small Scale Entertainment

(Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12776 § 3, Exh. A (part), 2006: Ord. 11904 § 5.78, 1996; Ord. 11892 § 4 (part), 1996: prior planning code § 6853)

17.97.050 - 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 Section 17.97.100 and the conditional use permit procedure in Chapter 17.134:

A.

Residential Activities:

Residential Care

Service-Enriched Permanent Housing

Transitional Housing

B.

Civic Activities:

Utility and Vehicular

Extensive Impact

C.

Commercial Activities:

Fast Food Restaurant

Convenience Market

Consumer Cleaning and Repair Service

Consumer Dry Cleaning Plant

Transient Habitation and Commercial Activities

Alcoholic Beverage Sales

Mechanic or Electronic Games

Animal Care

Animal Boarding

Automotive Fee Parking subject to the additional criteria contained in Subsection 17.97.100 F.

D.

Industrial Activities:

Custom Manufacturing

E.

Off-street parking serving nonresidential activities listed in Sections 17.97.040 and 17.97.050

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 17.102.110

(Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12899 § 4, Exh. A (part), 2008; Ord. 12776 § 3, Exh. A (part), 2006: Ord. 12561 § 3 (part), 2004: Ord. 12138 § 5 (part), 1999; Ord. 11892 § 4 (part), 1996: prior planning code § 6854)

17.97.060 - Permitted facilities.

The following facilities, as described in the use classifications in Chapter 17.10, are permitted:

A.

Residential Facilities:

Multifamily Dwelling

B.

Nonresidential Facilities:

Enclosed

Sidewalk Cafe

C.

Signs:

Residential

Special

Development

Realty

Civic

Business

D.

Telecommunications:

Micro, except when a Major Conditional Use Permit is required by Section 17.128.025

Mini, except when a Major Conditional Use Permit is required by Section 17.128.025

(Ord. No. 13060, § 2(Exh. A), 3-1-2011; Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. 12776 § 3, Exh. A (part), 2006: Ord. 11904 § 5.82, 1996; Ord. 11892 § 4 (part), 1996: prior planning code § 6855)

17.97.070 - Conditionally permitted facilities.

The following facilities, as described in the use classifications in Chapter 17.10, may be permitted upon the granting of a conditional use permit pursuant to Section 17.97.100 and the conditional use permit procedure in Chapter 17.134:

A.

Residential Facilities:

One-Family Dwelling

Two-Family Dwelling

B.

Nonresidential Facilities:

Open Facilities

C.

Telecommunications:

Macro

Monopole

(Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. 12776 § 3, Exh. A (part), 2006: Ord. 11904 § 5.86, 1996; Ord. 11892 § 4 (part), 1996: prior planning code § 6856)

17.97.080 - Special regulations applying to certain Commercial and Industrial Activities.

A.

Fast-Food Restaurants. Convenience Markets, and Certain Establishments Selling Alcoholic Beverages. See Section 17.102.210

B.

Industrial Activities. All accessory industrial activities, as defined in Section 17.10.040F, shall be conducted entirely within an enclosed facility.

(Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12899 § 4, Exh. A (part), 2008; Ord. 12776 § 3, Exh. A (part), 2006: Ord. 11892 § 4 (part), 1996: prior planning code § 6858)

17.97.085 - Reserved.

Editor's note—

Ord. No. 13060, § 2(Exh. A), adopted March 1, 2011, repealed the former Section 17.97.085 in its entirety, which pertained to restrictions on telecommunications facilities and derived from Ord. No. 12999, § 4(Exh. A), adopted March 16, 2010.

17.97.090 - Special regulations applying to the demolition of a facility containing rooming units or to the conversion of a living unit to a nonresidential activity.

See Sections 17.97.100 and 17.102.230.

(Ord. 12776 § 3, Exh. A (part), 2006: Ord. 11892 § 4 (part), 1996: prior planning code § 6859)

17.97.100 - Use permit criteria.

In the S-15 zone, a conditional use permit for any use or facility listed in Sections 17.97.030, 17.97.050, 17.97.070 and 17.97.200, may be granted only upon determination that the proposal conforms to the general use permit criteria set forth in the conditional use permit procedure in Chapter 17.134 and to the following additional use permit criteria:

A.

That the proposal will be of a quality and character which harmonizes with and serves to protect the value of private and public investment in the area;

B.

That the proposal will encourage an appropriate mixture of Residential and Commercial Activities in a manner which promotes and enhances use of multiple modes of transportation;

C.

That the proposal is designed to provide a safe and pleasant pedestrian environment;

D.

That no front yard parking, loading area, or driveway shall connect or abut directly with the principal commercial street unless the determination can be made:

1.

That vehicular access cannot reasonably be provided from a different street or other way,

2.

That every reasonable effort has been made to share means of vehicular access with abutting properties,

3.

That the proposal is enclosed or screened from view of the abutting principal street by the measures required in Section 17.110.040B;

E.

That the amount of off-street parking, if any, provided in excess of this code will not contribute significantly to an increased orientation of the area to automobile or truck movement.

F.

In addition to the foregoing criteria and any other applicable requirements, auto fee parking within this zone shall be subject to the following use permit criteria:

1.

Auto fee parking shall be part of a larger development that contains a significant amount of commercial and/or residential facilities;

2.

Auto fee parking may only be contained in a structured parking facility of at least three stories that replaces an existing at grade parking facility;

3.

The new parking structure shall represent no more than a 75 percent increase of existing parking at the site;

4.

Auto fee parking at the site shall be specifically designated by a city sponsored plan or study designed to promote a transit oriented district as defined by the general plan;

5.

The facility or facilities containing the residential and/or commercial activities shall be adjacent to the principal street(s) and the auto fee parking shall be behind and substantially visually obstructed from the principal Street(s) by the residential and/or commercial facility or facilities; and

6.

The project shall be consistent with the general plan's goals, objectives, and policies that promote transit oriented development and districts.

For purposes of this subsection 17.97.100(F) "principal street" means the street or streets on which the development is most primarily oriented and that is appropriately designated in the general plan to accommodate the amount of trips proposed. On an interior lot, the principal street shall be the street in front of the development. On a corner lot, the principal streets shall be both the streets adjacent to the development. On a lot that has frontage on three or more streets, at least two streets shall be designated as principal streets.

(Ord. 12776 § 3, Exh. A (part), 2006: Ord. 12561 § 3 (part), 2004: Ord. 11892 § 4 (part), 1996: prior planning code § 6860)

17.97.110 - Limitations on Signs, marquees, awnings.

A.

General Limitations. All Signs shall be subject to the applicable limitations set forth in Chapter 17.104

(Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12776 § 3, Exh. A (part), 2006: Ord. 12606 An. A (part), 2004: Ord. 11892 § 4 (part), 1996: prior planning code § 6863)

17.97.120 - Minimum lot area, width, and frontage.

Every lot containing a Residential Facility shall have a minimum lot area of four thousand (4,000) square feet and a minimum lot width of twenty-five (25) feet, except as a lesser area or width is allowed by Section 17.106.010. No minimum lot area or lot width is prescribed for any lot which does not contain a Residential Facility. Every lot shall have a minimum frontage of twenty-five (25) feet upon a street, except as this requirement is modified by Section 17.106.020.

(Ord. 12776 § 3, Exh. A (part), 2006: Ord. 11892 § 4 (part), 1996: prior planning code § 6864)

17.97.130 - Height, floor area ratio (FAR), density, and open space.

Table 17.97.01 below prescribes height, FAR, density, and open space standards associated with the Height Areas described in the Zoning Maps. The number designations in the "Additional Regulations" column refer to regulations below the table.

Table 17.97.01 Height, Floor Area Ratio (FAR), Density, and Open Space Regulations

Additional Regulations for Table 17.97.01:

1.  The maximum height within ten (10) feet of the front property line is either the height limit on the subject lot shown in the above table or the height maximum for the height area of the parcel directly across the principal street, whatever is less (see Illustration for Table 17.97.01 [Additional Regulation 1], below).

Illustration for Table 17.97.01 [Additional Regulation 1]
*for illustration purposes only