Southside Working Group
Draft
CT Zone

Section 23E.56.010 Applicability of Regulations

The regulations in this Chapter shall apply in all C-T Districts. In addition, general provisions in Sub-title 23C shall apply. (Ord. 6478-NS § 4 (part), 1999)

Section 23E.56.020 Purposes

The purposes of the Telegraph Avenue Commercial (C-T) Districts are to:

A.  Implement the Master Plan's designations for Community Shopping and Commercial/Residential Districts in this area.

B.  Implement the Southside Area Plan designations for the Commercial Subarea.

C.  Regulate development in the Telegraph Area Commercial District in order to satisfy the needs of the population groups using the District, especially the University population and the surrounding resident population.  Encourage the availability of a variety of goods and services which serve residents in the District and the University population but do not generate a high volume of vehicular traffic. Allow for uses which maintain the cultural quality of the District giving it its regional appeal without generating substantial vehicular traffic.

D.  Discourage uses which because of size, the type of the products sold, vehicular traffic generated or other considerations, are more appropriately located elsewhere in the City.

E.  Encourage a mix of goods and services which will preclude the dominance of any one type of use and which will produce variations within the same category of uses.

F.  To encourage the establishment and maintenance of uses which will satisfy the needs of all age groups and attract a range of users and interests.

G.  Encourage the creation of additional housing in the District which is affordable, including housing for those who work or study nearby.

H.  Encourage those uses and structural architecture that reinforce, and discourage those uses and architecture that interrupt, the pedestrian orientation of the District.

I.  Encourage mixed commercial and Residential Uses.

J.  Encourage the construction of new housing and mixed-use development on vacant properties and surface parking lots.

K.  Encourage the redevelopment of single story structures that are not historically significant resources with  housing and mixed-use development.

L.  Protect and enhance historical and architecturally significant buildings by ensuring that new development and alterations complement their existing architectural character.

M.  Encourage the establishment and survival of small, locally-owned businesses, thereby contributing to the vitality and diversity of the District.

N.  Discourage the type of Commercial Use whose establishment will contribute to the displacement of businesses that supply neighboring residents with essential goods and services.

O.  Ensure that new buildings, additions and renovations harmonize with and enhance the unique character of the District.

P.  Provide environmental protection for the residents of mixed residential commercial structures and surrounding residents from such detriments as noise, fumes and litter.

Q.  Preserve the ethnic diversity of the resident population and users of the District and of the types of businesses providing ethnically diverse goods and services in the District.

R.  Protect and encourage the development of properties accessible to the disabled for both residential and Commercial Use.

S.  Discourage uses which are widely available in other shopping Districts throughout the Bay Area and detract  from the unique type and mix of goods and services available in the District. (Ord. 6478-NS § 4 (part), 1999)

 

Section 23E.56.030 Uses Permitted

A.  The following table sets forth the permits required for each listed item. Each use or structure shall be subject to either a Zoning Certificate (ZC), an Administrative Use Permit (AUP), a Use Permit approved after a public hearing (UP(PH)), or is Prohibited.

Table 23E.56.030   

    USE AND REQUIRED PERMITS

Use

Classification

Special Requirements (if any)

Retail Sales 

All Retail Sales Uses, except those listed below:

  ZC *

As defined in Sub-title F except otherwise listed (does not include Video Rental Stores)

Alcoholic Beverage Retail Sales

Prohibited

Including Liquor Stores and Wine Shops

Department Stores

UP(PH)

 

Drug Paraphernalia (any use involving the sale or distribution thereof)

Prohibited

As defined in California Health and Safety Code Section 11364.5(d)

Firearm/Munitions Businesses

UP(PH)

Prohibited on any property devoted to residential use

Pawn Shops

Prohibited

Including Auction Houses

Pet Stores

UP(PH)

Including Sales and Grooming of Animals (but not Boarding)

Tobacco products and associated merchandise (uses primarily involved in the sale or distribution thereof)

UP(PH)

 

Personal and Household Services 

All Personal and Household Services, except those listed below

ZC*

As defined in Sub-title F, except those otherwise listed (does not include Massage). Also subject to numerical limitations listed in Table 23E.56.040

Laundromats

UP(PH)

 

Veterinary Clinics

UP(PH)

Including Pet Hospitals

Video Tape/Disk Rental Stores

  UP(PH)

 

Offices 

Financial Services, Retail (Banks)

UP(PH)

 

Insurance Agents, Title Companies, Real Estate Agents, Travel Agents:

  

 

When not located on the ground floor adjacent to street frontage

ZC*

Offices prohibited on upper floors except on  Bancroft

When located on the ground floor adjacent to street frontage

 

UP(PH)

Offices prohibited on upper floors except on  Bancroft

Medical Practitioners, including Holistic Health and Mental Health Practitioners

UP(PH)

When not located on the ground floor adjacent to street frontage.  Offices prohibited on upper floors except on Bancroft

Other Professionals and Government, Institutions, Utilities

UP(PH)

When not located on the ground floor adjacent to street frontage.  Offices prohibited on upper floors except on Bancroft

Food and Alcohol Service, Lodging, Entertainment and Assembly Uses 

Adult-oriented Businesses

Prohibited

 

Alcoholic Beverage Service, including Bars, Cocktail Lounges and Taverns

UP(PH)

Service of distilled alcoholic beverages may be approved for full service restaurants only

Amusement Device Arcades

Prohibited

 

Commercial Recreation Center

UP(PH)

 

Dance, Exercise, Martial Arts and Music Studios

UP(PH)

 

Entertainment Establishments

UP(PH)

Including Nightclubs

Food Service Establishments:

Also subject to numerical limitations listed in Table 23E.56.040

Carry Out Food Service Stores

UP(PH)

 

Quick Service Restaurants

UP(PH)

Subject to parking requirements; see Section 23E.56.080

Full Service Restaurants

UP(PH)

 

Group Class Instruction for Business, Vocational or Other Purposes

UP(PH)

Not allowed on ground floor adjacent to street frontage

Gyms and Health Clubs

UP(PH)

 

Hotels, Tourist, including Inns, Bed and Breakfasts and Hostels

UP(PH)

Subject to parking requirements; see Section 23E.56.080

Motels, Tourist 

Prohibited

 

Theaters, including Motion Pictures and Stage Performance

UP(PH)

Not allowed on ground floor adjacent to street frontage

Automobile and Other Vehicle Oriented Uses 

Automobile Parts Stores

ZC* 

Excluding service of auto parts

Automobile Repair and Service

Prohibited

Automobile Sales and Rentals

Prohibited

 

Automobile Washes, Mechanical or Self-Service

Prohibited

 

Automobile Wrecking Establishments

Prohibited

 

Automobile/Motorcycle Parts Service

UP(PH)

  

Gasoline/Automobile Fuel Stations

Prohibited

Except when located in a parking structure

Motorcycle Stores

Prohibited

Including Sales and/or Service

Recreational Vehicle and Trailers Sales and Rental, including Boats

Prohibited

 

Tire Sales/Service Stores

Prohibited

 

Parking, Outdoor and Exterior Service Window Uses 

Activities or Storage Outside of a Building:

 

 

Not abutting R-District

AUP

 

When abutting R-District

UP(PH)

 

Automatic Teller Machines

AUP

Exterior and when part of a Retail Financial Service

Drive-in Uses

Prohibited

Which provide service to customers in their cars. See definition in Sub-title 23F

Parking Structures

UP(PH)

 

Parking Lots

Prohibited

 

Recycling Redemption Centers

AUP

 

Sidewalk Café Seating

AUP

Subject to additional requirements; see Chapter 23E.24

Combination Commercial/Residential Uses

Live/Work Units:

 

 

Not requiring a UP under     Chapter 23E.20

ZC

 

Requiring a UP under Chapter 23E.20

  UP(PH)

 

Mixed Use Developments (Residential/Commercial)

UP(PH)

Subject to Section 23E.56.070. 

Uses Incidental to a Permitted Use 

Amusement Devices (up to 3)

UP(PH)

 

Food or Beverage for Immediate Consumption

UP(PH)

Treated as a food service establishment and subject to numerical limitations in Table 23E.56.040

Live Entertainment

AUP

 

Manufacturing Uses

AUP 

 

Storage of Goods (over 25% of gross Floor area)

AUP

 

Wholesale Activities

AUP

 

Uses Permitted in Residential Districts 

Accessory Uses and Structures

As per R-3 District

      See Table 23D.36.030

Child Care Centers

UP(PH)

 

Clubs, Lodges

UP(PH)

 

Community Centers

UP(PH)

 

Dwelling Units, subject to R-3 Standards

UP(PH)

Allowed above the ground floor only. Standards may be modified under Section 23E.56.070.E

Group Living Accommodations, subject to R-3 Standards

UP(PH)

Allowed above the ground floor only. Standards may be modified under Section 23E.56.070.E

Hospitals

Prohibited

 

Hotels, Residential, including Single Room Occupancy (SRO) Hotels

UP(PH)

 

Libraries

UP(PH)

Subject to parking requirements; see Section 23E.56.080

Nursing Homes

UP(PH)

Subject to parking requirements; see Section 23E.56.080

Parks and Playgrounds

ZC

 

Religious Assembly Uses

UP(PH)

 

Schools, Public or Private

UP(PH)

  

Senior Congregate Housing:
6 or fewer persons
7 or more persons
New Construction

  ZC
AU UP(PH)

Change of Use from an existing dwelling unit

Miscellaneous Uses 

Automatic Teller Machines

UP(PH)

When not a part of a Retail Financial Service

Cafeteria, Employee or Residential

UP(PH)

 

Cemeteries, Crematories, Mausoleums

Prohibited

 

Circus or Carnival

UP(PH)

 

Commercial Excavation

UP(PH)

Including earth, gravel, minerals, or other building materials including drilling for, or removal of, oil or natural gas.

Dry Cleaning and Laundry Plants

Prohibited

 

Kennels or Pet Boarding

Prohibited

 

Laboratories

Prohibited

Except photographic processing laboratories.

Mortuaries

Prohibited

 

Public Utility Substations, Tanks

UP(PH)

 

Radio, Television or Audio/Sound Recording and/or Broadcast Studios

UP(PH)

 

Warehouses or Storage, including Mini-storage Warehouses

Prohibited

 

Wireless Telecommunication Towers/ Antennas

AUP

 

Legend:
ZC - Zoning Certificate * Change of Use of floor area between 2,000 and 3,000 sq. ft. shall require an AUP;
AUP - Administrative Use Permit over 3,000 sq. ft. shall require a UP(PH)
UP(PH) - Use Permit, public hearing required ** Change of Use of floor area over 3,000 sq. ft. shall require a UP(PH) 

Prohibited -- Use not permitted

A. (temporarily vacant)

B. Any use not listed that is compatible with the purposes of the C-T District shall be permitted subject to securing a Use Permit. Any use that is not compatible with the purposes of the C-T District shall  be prohibited.

C. The initial establishment or change of use of floor area of an existing non-residential building, or portion of  building, shall be subject to the permit requirements as listed in the legend of Table 23E.56.030. (Ord. 6478-NS § 4 (part), 1999)

Special Provisions -- Numerical Limitations

The following uses shall be subject to the numerical and size limitations set forth below:

Table 23E.56.040

NUMERICAL AND SIZE LIMITATIONS 

Use 

Number limit 

Size limit (sq. ft.) 

Type of Permit 

Barber/Beauty Shops

10

None

   Zoning Certificate

Food Service Establishments:
Carry Out Food Service

 
Quick Service Restaurants * 


Full Service Restaurants

        

19

       
 30

        
29

        

None

        1,500

         None

  

Use Permit

  

Use Permit

  

Use Permit

Gift / Novelty Shops

None

3,000

Zoning Certificate

* Quick Service Restaurants are also limited to a maximum customer seating capacity of 50 seats 

(Ord. 6478-NS § 4 (part), 1999)

 

Section 23E.56.050 Construction of New Floor Area, Conversions of Existing Buildings -- Requirements for Use Permits

A. No gross floor area shall be created unless a Use Permit  is obtained, as set forth below. Creation of new floor area includes construction of new buildings or Accessory Buildings; additions to existing buildings; or the installation of new floor or Mezzanine levels within or onto existing buildings.

  1. If the new floor area being created is less than one thousand five hundred (1,500) square feet of gross floor area, an Administrative Use Permit may be issued by the Zoning Officer;
  2. If the new floor area being created is one thousand five hundred (1,500) or more of square feet of gross floor area, then a Use Permit shall be obtained.

B. Existing buildings shall not be converted unless an Administrative Use Permit is obtained. In addition, the following shall apply to conversions:

  1. No conversion shall be approved which creates more than two (2) lease spaces for retail activity which are either not on the ground floor or are not oriented toward a ground-level public sidewalk or an existing  pedestrian walkway. (Ord. 6478-NS § 4 (part), 1999)

Section 23E.56.060 Use Limitations

A.  No Commercial use shall operate except between the hours of 7:00 a.m. to 12:00 a.m. unless a Use Permit is obtained and is in accordance with Section 23E.16.010. In order to grant such Permit, the Board shall make the finding set forth in Section 23E.56.090.C

B. Any use which is incidental to the primary use of a building or property shall be subject to the permit requirements identified in the Uses Incidental to a Permitted Use heading under Section 23E.56.030, except as below:

  1. All food service uses shall be subject to the limitations of Section 23E.56.040 and none shall be considered as an Incidental Use for this District.

C. Any activity or use which occurs outside of a building shall be subject to the permit requirements identified in the Parking, Outdoor and Exterior Window Uses heading in Table 23E.56.030.

D. Adult-oriented Businesses and Amusement Arcades are prohibited. Alcoholic Beverage Sales and Live/Work Uses are subject to additional Ordinance requirements under Section 23E.16.040, Chapter 23E.20 and the following requirements:

  1. On-premise service and consumption of distilled alcoholic beverages shall be permitted only in full service restaurants. (Ord. 6478-NS § 4 (part), 1999)

Section 23E.56.070 Development Standards

A. The height for a Main Building shall satisfy the following requirements:

  1. The minimum height shall be 3 stories and 35 ft.
  2. The maximum height shall be 4 stories and 50 ft.
  3. The maximum height may be increased to 5 stories and 65 ft. if the following findings are made by the Zoning Officer or Board:

a.  At least 50% of the total building floor area is designed for residential use;
b.  At least 10% of the housing units are affordable to households earning up to 60% of the Average Median Income (AMI) and 10% are affordable to households earning up to 80% of  AMI;
c.  The project will not result in the removal of an historic resources;
d. The project will not result in a significant reduction in sunlight on Telegraph Avenue sidewalks;
e.  The project will not remove housing located in buildings with three or more stories or housing in buildings with eight or more housing units.

Note to Reviewers: The Working Group recommended that to be eligible for the density bonus, projects should not “remove substantial existing housing.” This finding is vague and could be interpreted several ways. 

If the intent of the finding is to preserve existing structures then Finding e. above is designed for that purpose. If the intent of the finding is to ensure that new project results in a net increase the number of units in the area, then finding e. could be re-written to read:

e. “The project will result in at least a 25% increase in the number of housing units currently on the site.”

B.  In all buildings, except buildings located in portions of the District adjacent to Bancroft, one hundred percent (100%) of the floor area above the ground floor shall be used for Residential Use, except where the second floor is used for Commercial Use as an integral part of the ground floor establishment. In such cases, the second floor commercial space shall have no entrances or exits, other than required fire exits, which offer access independent of the interior of the ground floor space and shall not exceed the ground floor area.

C. No yards for Main Buildings, Accessory Buildings, or Accessory Structures shall be required, except as set forth  below:

            ( subitems are deleted )

D. Shade studies shall be required for all proposed buildings exceeding three stories or 40 feet. Based upon the findings of the shade study. The  fourth or higher story of the building may be required to be set back to minimize shade impacts on adjacent properties or the public right of way;

E. When the subject lot is adjacent to an abutting or confronting lot in a residential zone, the requirements of Section 23E.04.050 and 23E.04.060 shall apply, for additional yard and building feature requirements.

Note to Reviewers: This provision E. will reduce the development capacity on these sites. It requires a 10 foot rear yard setback and a four foot side yard setbacks.

F. Any Mixed Use building (residential and commercial) shall satisfy all of the standards and requirements of this District, including the FAR and off-street parking requirements of Section 23E.56.070.A and 23E.56.080, respectively, the density limitations of the R-3 District and as follows:

Each Mixed Use building shall contain at least forty (40) square feet of Usable Open Space per Dwelling Unit for the residential use portion, except that no dimension of such open space shall be less than six (6) feet.

G. Exclusive Residential Uses are not allowed. Dwelling Units and Group Living Accommodations may be allowed, however, above the ground floor only when located in a Mixed Use building. (Ord. 6478   -NS § 4 (part), 1999)

Section 23E.56.080 Parking -- Number of Spaces

A. The following provisions shall apply to properties within the CT District:

  1. No Off-street Parking Spaces shall be required for the creation of new commercial gross floor area, or for new Dwelling Units or Group Living Accommodation rooms; however, a higher Transportation Services Fee (TSF) shall be paid for commercial projects as described in Section 23E.56.080.A.3 below, but no fee shall be required for Residential Uses. In addition, no off-street loading spaces shall be required for new commercial gross floor area.
  2. Bicycle parking spaces shall be provided at the ratio of one (1) space per two thousand (2,000) square feet of gross floor area of commercial space, and in accordance with the requirements of Section 23E.28.070;
  3. Occupants of residential projects constructed after the effective date of this ordinance amendment shall not be entitled to receive parking permits under the Residential Permit Parking Program (RPP), under Section 14.08 of the BMC (Ordinance #5803 and #5908).
  4. A TSF shall be paid for each square foot of commercial gross floor area in an amount set at three (3) times the basic rate for the District established by City Council resolution and in accordance with the  procedures and purposes of Chapter 23E.28. Seventy-five percent (75%) of this fee shall be deposited into the City's general TSF fund under Section 23E.28.100, and the remaining twenty-five percent (25%) shall be deposited into the Sather Gate Alternative Transportation Fund described below:

a.  The Sather Gate Alternative Transportation Fund is hereby established for the deposit of funds from projects in the District. This fund shall be used exclusively for costs incurred to accomplish the following objectives within the District:

i. To purchase of transit or paratransit passes, coupons, or tickets for a discount to employees and customers;

ii. For other expenditures to support non-automobile transportation to and from the District;

iii. To purchase, install and maintain bicycle parking facilities; and

iv. To purchase, install and maintain improvements which facilitate mobility of disabled persons within the District.

  1. Notwithstanding the above requirement, proposed uses in this portion of the District which provide off-street parking, either on-site or at another site under the same ownership within a twelve hundred (1,200) foot radius, in an amount equivalent to that which would be required elsewhere in the District, shall only be required to pay the TSF at the normal basic rate established by Council resolution, not at the rate required by Section 23E.56.080.A.3.
  2. No new off-street parking shall be permitted on any lot abutting Telegraph Avenue exclusively, and shall only be permitted on lots abutting other streets where access to the parking is gained from curb cuts existing on July 6, 1989, and subject to obtaining a Use Permit; and such Use Permit shall be subject to the Board making the finding as provided in Section 23E.56.090.D.
  3. Any construction which results in the creation of ten thousand (10,000) square feet of new or additional commercial gross floor space shall satisfy the loading space requirements of Chapter 23E.32, except for the area covered by Section 23E.56.080.A and the following requirements:

a. Off-street loading spaces at the ratio of one (1) space for the first ten thousand (10,000) square feet of gross floor area of commercial space;

b. Off-street loading spaces at the ratio of one (1) space for each additional forty thousand (40,000) square feet of gross floor area of commercial space above the first ten thousand (10,000) square feet. (Ord. 6478-NS § 4 (part), 1999)           

Section 23E.56.090 Findings

A. In order to approve any Use Permit under this Chapter, the Zoning Officer or Board must make the finding required by Section 23B.32.040. The Zoning Officer or Board must also make the findings required by the following paragraphs of this Section to the extent applicable:

B. A proposed use or structure must:

  1. Be compatible with the purposes of the District;
  2. Encourage and maintain the present street frontage of the District, will not interfere with the continuity of retail or compatible service facilities at the ground level and will not interrupt a continuous wall of building facades;
  3. Be compatible in design and character with the District and the adjacent residential neighborhoods;
  4. Not generate traffic or parking demand significantly beyond the capacity of the Commercial District or significantly increase impacts on adjacent residential neighborhoods.

C. No Use Permit shall be granted under Section 23E.56.060.A  unless the Board finds that the extended hours will not generate excessive noise, traffic or parking problems affecting the well-being of the residents of the District.

D. No Use Permit shall be granted under Section 23E.56.080.A.6, unless the Board finds that traffic from the new parking will not significantly impede pedestrian circulation. (Ord. 6478-NS § 4 (part), 1999)