Chapter 18.49 WARM SPRINGS INNOVATION (“WSI”) DISTRICT

Chapter 18.49
WARM SPRINGS INNOVATION (“WSI”) DISTRICT

Sections:

18.49.010 Purpose and findings for incorporation of Warm Springs/South Fremont community plan.

18.49.020 Regulations generally.

18.49.030 WSI district “planning areas.”

18.49.040 Permitted, conditionally permitted, and prohibited uses.

18.49.050 Master plan procedures.

18.49.060 Design review permit.

18.49.070 WSI district site and building development standards.

18.49.080 Other parking requirements and parking credits.

18.49.090 Other requirements.

18.49.100 Warm Springs Innovation district art program.

18.49.010 Purpose and findings for incorporation of Warm Springs/South Fremont community plan.

(a) The Warm Springs Innovation (WSI) district is established to implement the Warm Springs/South Fremont Community Plan (WS/SF CP), which is incorporated herein by reference. The WS/SF CP is a comprehensive, long-term planning document for the WSI district, intended to facilitate the creation of a vibrant, urban, mixed-use district in the vicinity of the Warm Springs/South Fremont BART station. The goal of the plan is to provide a thriving employment center focused on innovation and advanced manufacturing while incorporating urban housing, urban greens and plazas, and complementary uses such as schools, business and conference centers, entertainment and cultural art venues and an art program.

(b) The WS/SF CP includes a land use chapter that creates 10 planning areas. Each planning area allows for a distinct mix of land uses and establishes targets for future development. The WS/SF CP also contains development and public realm standards, street sections and streetscape design standards and establishes a framework for public open spaces and other facilities. Finally the WS/SF CP contains site and building design standards to be used in the review of new projects. These provisions will be implemented through zoning and subdivision regulations, public and private improvements, and an economic development strategy.

(c) The city council finds that implementation of the WS/SF CP will: (1) create employment and housing opportunities in an urban setting; (2) provide a center for innovation and social interaction for residents of the city; (3) contribute positively to the city’s community character and regional prominence; and (4) is in accordance with the city’s general plan goal to promote strategically urban growth and sustainable development.

(d) It is the purpose of the provisions of this chapter to: (1) protect and promote the public health, safety, peace, comfort and general welfare; and (2) define development procedures and administrative requirements to obtain the objectives of the WS/SF CP. (Ord. 28-2014 § 1, 9-9-14.)

18.49.020 Regulations generally.

(a) The regulations contained in this chapter shall apply in the WSI district in conjunction with the standards, guidelines, and improvement plans contained in the WS/SF CP document. In the event of any inconsistencies between the standards set forth in this chapter and the WS/SF CP, the provisions of this chapter shall control.

(b) Whenever this chapter does not provide specific standards or procedures for the review, approval, or administration of development projects within the WSI district, or for appeals concerning approvals or administration of development projects, the standards and procedures in this title generally shall apply.

(c) The WSI district fully implements the provisions of the General Plan Transit Oriented Development Overlay Land Use Designation and Chapter 18.152 (Transit-Oriented Development Overlay [Zoning] District) and hereby supersedes all provisions of Chapter 18.152.

(d) The owner or occupant of land or buildings used for any purpose in the WSI district shall provide the facilities as required by and which conform with the regulations set forth in this chapter and the WS/SF CP; provided, however, that buildings, structures or uses lawfully constructed or established prior to the effective date of this chapter that do not comply with the provisions hereof shall be deemed legally nonconforming and subject to the provisions of Chapter 18.180, Nonconforming Uses and Structures. (Ord. 28-2014 § 1, 9-9-14.)

18.49.030 WSI district “planning areas.”

The WSI district is divided into 10 “planning areas” to further refine development requirements within the WS/SF CP boundary:

Planning Area	Name
1	Fremont Boulevard
2	Old Warm Springs Boulevard – North
3	Old Warm Springs Boulevard – South
4 4A	Innovation Way and Subarea: Innovation Way – 1/4 mile westerly from Lopes Ct.1
5	Lopes Court
6	Southwestern
7	Grimmer Boulevard – North
8	BART Area
9	Warm Springs Boulevard – East
10	Warm Springs Court

1 The precise depth of Subarea 4A will be determined as part of the master plan review process and if necessary through an amendment to the Zoning Map.

(Ord. 28-2014 § 1, 9-9-14.)

18.49.040 Permitted, conditionally permitted, and prohibited uses.

(a) Use Table. Table 18.49.040(a) sets forth those uses that are permitted, conditionally permitted, or prohibited in each of the WSI district planning areas. The following terms are used in Table 18.49.040(a):

(1) Permitted (“P”) uses are allowed subject to conformance to standards or conditions of this title.

(2) Conditional (“C”) uses may be permitted with a conditional use permit, provided all other requirements of this title are met.

(3) Zoning administrator (“Z”) uses may be permitted with a zoning administrator permit, provided all other requirements of this title are met.

(4) Accessory (“A”) uses are allowed when subordinate to or part of a principal use on the same lot and serve as a use incidental to such principal use.

(5) The symbol “--” indicates a use is prohibited within the zoning district.

(6) Upper floor only (“UFO”) use restriction applies.

(7) Southerly of Quantum Drive (“SQD”).

(b) Hazardous Materials Users Table. Table 18.49.040(b) sets forth a modified matrix of permit types for users within certain hazardous material groups and for certain facility types. Section 18.190.220 sets forth applicable regulations but Table 18.49.040(b) modifies tables found in Section 18.190.220(f) so that they correspond to the various WSI district planning areas.

(c) Permitting Procedures. Permitting procedures for a conditional use permit and zoning administrator permit shall be as provided in Chapters 18.230 and 18.275, respectively.

Table 18.49.040(a)

Permitted, Conditionally Permitted, and Prohibited Uses in WSI District Planning Areas
WSI District Planning Area >	2012 NAICS2	WSI-1	WSI-2	WSI-3	WSI-4	WSI-4A	WSI-5	WSI-6	WSI-7	WSI-8	WSI-9	WSI-10	Specific Use Regulations/Notes
Use v
AGRICULTURE
Urban agriculture, low-impact1		P	P	P	P	P	P	P	P	P	P	P	Section 18.190.015
Urban agriculture, high-impact1		Z	Z	Z	Z	Z	Z	Z	Z	Z	Z	Z	Section 18.190.015
ASSEMBLY, ENTERTAINMENT, AND RECREATION
Banquet hall1		- -	- -	- -	- -	- -	- -	- -	- -	- -	- -	- -
Exhibition and conference halls1 not associated with full service hotels1		- -	- -	C	C	C	C	- -	- -	C	C	- -	Section 18.190.025
Fitness and recreational sports centers	713940	Z	Z	P6	Z	P6	Z	- -	- -	P	P	Z	Section 18.190.025 Includes yoga and pilates studios See educational services section for sports and recreation instruction (e.g., dance, martial arts, etc.)
Game or computing arcades1, more than five gaming devices		- -	- -	- -	- -	C	- -	- -	- -	C	- -	- -	Section 18.190.180
Game or computing devices1		A	A	A	- -	A	- -	- -	- -	A	A	A	Section 18.190.180
Assembly uses1 not listed elsewhere including cultural institutions, library, museum, religious facilities, etc.		- -	- -	C	C	C	C	- -	- -	C	C	- -	Section 18.190.025
Indoor commercial recreation1 including: billiard hall, bowling alley, gymnasia, indoor tennis, swimming, etc.		Z	Z	Z	Z	--	--	- -	- -	P6	--	Z	Section 18.190.420; Chapter 5.90 applies to swimming facilities See educational services section for sports and recreation instruction (e.g., dance, martial arts, etc.)
Parks, public		P	P	P	P	P	P	P	P	P	P	P
Place of entertainment1 not elsewhere listed in this table		- -	- -	Z	- -	Z	Z	- -	- -	Z	- -	- -	Chapter 5.45 and Section 18.190.025
Nightclubs1 and dance clubs1		- -	- -	- -	- -	C	C	- -	- -	C	- -	- -	Chapter 5.45 and Section 18.190.025
Theaters and performance venues including: concert hall1, dinner theater1, motion picture theater1, or performing arts theater1		- -	- -	C	C	C	- -	- -	- -	C	C	- -	Section 18.190.025
AUTOMOTIVE AND TRANSPORTATION
Automotive repair, major1		Z	- -	- -	- -	- -	- -	P	- -	- -	- -	- -	Section 18.190.027
Automotive repair, minor1		P	P	- -	- -	- -	- -	P	- -	- -	- -	- -	Section 18.190.027
Automotive parts and accessories stores and tire dealers	441310, 441320	P	P	- -	- -	- -	- -	P	- -	- -	- -	- -
Car washes1, car detailing, and gasoline service stations1		C	- -	- -	- -	- -	- -	- -	C	- -	- -	C	Sections 18.190.027 and 18.190.190
Electric vehicle and motorized bicycle1 sales and service		P	P	- -	P-SQD	P	P	P	P	P	- -	P	Section 18.190.027
Passenger car rental and leasing and sales with no more than four cars stored on an exterior grade level parking area (auto manufacturers exempt)	53211, 441110	Z	Z	- -	- -	- -	Z	P	Z	- -	- -	Z	Section 18.190.027
Railroad transportation	4821	- -	C4,5	- -	- -	- -	- -	P4,5	- -	- -	- -	- -
Structured parking facility, public or commercial		P	P	P	P	P	P	P	P	P	P	P
Truck transportation facilities not associated with a warehousing facility	(484)	- -	- -	- -	- -	- -	- -	- -	- -	- -	- -	- -
Transportation, air	(481)	- -	- -	- -	- -	- -	- -	- -	- -	- -	- -	- -
EATING AND DRINKING
Drinking place1 closed before midnight		- -	- -	Z	- -	Z	Z	- -	- -	Z	Z	- -
Drinking place1 in conjunction with beverage manufacturing2		Z4,5	Z4,5	- -	Z-SQD4,5	- -	- -	Z4,5	Z4,5	- -	- -	Z4,5
Drinking place1 open after midnight		- -	- -	- -	- -	C	C	- -	- -	C	- -	- -
Eating place without alcoholic beverages1:
In general (no restrictions on hours of operation)		P	- -	P	P	P	P	- -	- -	P	P	Z	Section 18.190.140
With drive-in or drive-through enterprise1		C	- -	- -	- -	- -	- -	- -	- -	- -	- -	- -	Sections 18.190.110 and 18.190.140
With housing above		- -	- -	P	Z	P	- -	- -	- -	- -	P	- -	Section 18.190.140
With sidewalk dining		P	- -	P	P	P	P	- -	- -	P	P	Z	When operated in conformance with Sections 18.190.510(d), (e) and (f)
Eating place with alcoholic beverages1:
Closed before midnight		- -	- -	Z	Z	Z	Z	- -	- -	Z	Z	Z	Section 18.190.140
Open after midnight		- -	- -	C	C	C	C	- -	- -	C	C	- -	Section 18.190.140
With housing above		- -	- -	Z	Z	Z	- -	- -	- -	- -	Z	- -	Section 18.190.140
With sidewalk dining		- -	- -	Z	Z	Z	Z	- -	- -	Z	Z	- -	Section 18.190.510
EDUCATIONAL SERVICES
Colleges, universities and professional schools, and junior colleges	6113, 6112	- -	Z	Z	Z	Z-UFO	Z	- -	Z	P6	- -	- -
Elementary and secondary schools	6111	- -	- -	Z	P	- -	- -	- -	- -	- -	- -	- -
Other schools and instruction including: dance, exam preparation, gymnastics, judo, language, martial arts, music, photography, and tutoring	6116	- -	- -	Z	Z-UFO	Z-UFO	Z-UFO	- -	- -	Z	Z	- -	See assembly, entertainment, and recreation section for yoga and pilates studios
Technical and trade schools and business schools and computer and management training	6115, 6114	P	P	P	Z	P-UFO	P-UFO	Z	Z	Z	Z	Z
HEALTH CARE AND SOCIAL ASSISTANCE	62
Day care, child1 when conducted as an integral part of a main building or on a proximate site/campus and where the parent(s) or guardian(s) of children using such facility remain on site, or on a proximate site		Z	Z	- -	Z-SQD	Z-UFO	Z	Z	Z	Z	- -	Z
Day care, child,1 other	624410	- -	- -	Z	Z	Z-UFO	- -	- -	- -	Z	Z	- -
Health care and social assistance, not elsewhere listed in this table	(62)	- -	- -	- -	- -	- -	- -	- -	- -	- -	- -	- -
Medical clinics, convenience1		- -	- -	A	A	A	- -	- -	- -	- -	A	- -
Outpatient care centers with minimum of 40,000 square feet	6214	- -	- -	C	C	Z-UFO	C	- -	- -	C		- -
INDUSTRIAL USES AND SERVICES4,5
Carpet and upholstery cleaning services	561740	C4,5	- -	- -	- -	- -	- -	- -	C4,5	- -	- -	C4,5
Construction (without a corporation yard1)	23	P4,5	P4,5	- -	- -	- -	- -	- -	P4,5	- -	- -	P4,5
Corporation yard-service yard-fleet yard and contractor’s storage yard1 (permanent facilities)		- -	- -	- -	- -	- -	- -	- -	- -	- -	- -	- -	See Section 18.190.080 for temporary construction yards
Dry cleaning and laundry services	812320	C4,5	- -	- -	- -	- -	- -	- -	C4,5	- -	- -	C4,5
Furniture and related products	337	P4,5	P4,5	- -	- -	- -	- -	P4,5	P4,5	- -	- -	P4,5
General warehousing1 (excluding mini-warehouses for household goods1, warehousing for firearms1, and refrigerated warehousing and storage)	(493120)	P3,4,5	P3,4,5	- -	- -	- -	- -	P4,5	- -	- -	- -	P3,4,5	Section 18.190.610
Information (excluding telecommunication facilities1) (see Miscellaneous section for telecommunication facilities1)	51	Z4,5	Z4,5	- -	Z-SQD 4,5	- -	Z4,5	P4,5	Z4,5	- -	- -	Z4,5
Mini-warehouses for household goods1		Z3	- -	- -	- -	- -	- -	- -	Z3	- -	- -	Z3
Packing and crating	488991	P4,5	P4,5	- -	- -	- -	- -	P4,5	P4,5	- -	- -	P4,5
Refrigerated warehousing and storage	493120	C4,5	- -	- -	- -	- -	- -	- -	- -	- -	- -	C4,5
Storage of new automobiles for distribution		- -	- -	- -	Z-SQD	- -	- -	P	- -	- -	- -	- -
INDUSTRIAL – MANUFACTURING
Alternative energy products and related components and services		P4,5	- -	- -	Z-SQD 4,5	- -	- -	P4,5	P4,5	- -	- -	P4,5
Apparel	315	P4,5	P4,5	- -	- -	- -	- -	P4,5	P4,5	- -	- -	P4,5
Beverage (excluding ice manufacturing)	3121, (312113)	Z4,5	Z4,5	- -	Z-SQD 4,5	- -	- -	Z4,5	Z4,5	- -	- -	Z4,5
Biological products with biosafety level1 1 or 2 (BSL 1 or BSL 2)		Z4,5	- -	- -	Z-SQD 4,5	- -	- -	P4,5	Z5	- -	- -	Z4,5
Biological products with biosafety level1 3 (BSL 3)		- -	- -	- -	- -	- -	- -	Z4,5	- -	- -	- -	- -
Biological products with biosafety level1 4 (BSL 4)		- -	- -	- -	- -	- -	- -	- -	- -	- -	- -	- -
Chemical (also see pharmaceutical and medicine)	(325)	- -	- -	- -	- -	- -	- -	- -	- -	- -	- -	- -
Computer and electronic products	334	Z4,5	Z4,5	- -	- -	- -	- -	P4,5	Z4,5	- -	- -	Z4,5
Electrical equipment, appliance and components (excluding therefrom battery manufacturing)	335, (33591)	Z4,5	Z4,5	- -	- -	- -	- -	P4,5	Z4,5	- -	- -	Z4,5
Food	(311)	- -	- -	- -	- -	- -	- -	- -	- -	- -	- -	- -
Glass products made from purchased glass	327215	P4,5	P4,5	- -	- -	- -	- -	P4,5	- -	- -	- -	P4,5
Instruments		P4,5	P4,5	- -	P-SQD 4,5	- -	P4,5	P4,5	P4,5	- -	- -	P4,5
Leather and allied products	(316)	- -	- -	- -	- -	- -	- -	- -	- -	- -	- -	- -
Machinery	333	P4,5	P4,5	- -	P-SQD 4,5	- -	P4,5	P4,5	P4,5	- -	- -	P4,5
Medical equipment and supplies	3391	P4,5	P4,5	- -	P-SQD 4,5	- -	P4,5	P4,5	P4,5	- -	- -	P4,5
Metal and metal products as follows:
Fabricated metal products	332	Z4,5	Z4,5	- -	P-SQD 4,5	- -	Z4,5	P4,5	Z4,5	- -	- -	Z4,5
Steel products from purchased steel	3211	Z4,5	Z4,5	- -	P-SQD 4,5	- -	Z4,5	P4,5	Z4,5	- -	- -	Z4,5
Miscellaneous, other (excluding candles and jewelry and silverware)	3399, (339910)	P4,5	P4,5	- -	P-SQD 4,5	- -	P4,5	P4,5	P4,5	- -	- -	P4,5
Motorcycle, bicycle, and parts	336991	Z4,5	- -	- -	P-SQD 4,5	- -	- -	P4,5	Z4,5	- -	- -	Z4,5
Motor vehicle, and motor vehicle body and trailer	3361, 3362	- -	- -	- -	P-SQD 4,5	- -	- -	P4,5	- -	- -	- -	- -
Motor vehicle parts	3363	Z4,5	- -	- -	P-SQD 4,5	- -	- -	P4,5	Z4,5	- -	- -	Z4,5
Nonmetallic mineral products including: cement and concrete, clay product and refractory, lime and gypsum products	(327)	- -	- -	- -	- -	- -	- -	- -	- -	- -	- -	- -
Paper (excluding pulp, paper and paperboard mills)	322, (3221)	Z4,5	Z4,5	- -	Z-SQD 4,5	- -	Z4,5	P4,5	Z4,5	- -	- -	Z4,5
Petroleum and coal products	(324)	- -	- -	- -	- -	- -	- -	- -	- -	- -	- -	- -
Pharmaceutical and medicine manufacturing not exceeding biosafety level1 2	3254	Z4,5	- -	- -	- -	- -	- -	P(*)4,5	Z4,5	- -	- -	Z4,5	(*) Biosafety level1 3 may be considered through a Z
Photofinishing labs	812922	Z4,5	Z4,5	- -	Z-SQD 4,5	- -	C	P4,5	Z4,5	- -	- -	Z4,5
Plastics and rubber products	326	- -	- -	- -	- -	- -	- -	P4,5	- -	- -	- -	- -
Printing and related support activities	3231	Z4,5	Z4,5	- -	Z-SQD 4,5	- -	- -	P4,5	Z4,5	- -	- -	Z4,5
Publishing industries	511	Z4,5	Z4,5	- -	Z-SQD 4,5	- -	- -	P4,5	Z4,5	- -	- -	Z4,5
Textile mills	(313)	- -	- -	- -	- -	- -	- -	- -	- -	- -	- -	- -
Textile product mills including: carpets, curtains, linens	314	P4,5	P4,5	- -	- -	- -	- -	P4,5	P4,5	- -	- -	P4,5
Tobacco	(3122)	- -	- -	- -	- -	- -	- -	- -	- -	- -	- -	- -
Wood product, all other miscellaneous	321999	P4,5	P4,5	- -	- -	- -	- -	- -	P4,5	- -	- -	P4,5
INDUSTRIAL – RESEARCH AND DEVELOPMENT
Testing laboratories, including physical, chemical, and analytical	541380	P4,5	P4,5	- -	P-SQD 4,5	- -	P4,5	P4,5	P4,5	- -	- -	P4,5
Medical and dental testing laboratories providing nonpatient services only	62151	P4,5	P4,5	- -	P-SQD 4,5	- -	P4,5	P4,5	Z4,5	- -	- -	P4,5
Research, development, and testing services including physical, engineering, and life sciences and systems including: electronics, sociology, biotechnology, nanotechnology, chemistry, physics with biosafety level1 1 or 2 (BSL 1 or 2)	541711, 541712, 541720	P4,5	- -	- -	P-SQD 4,5	- -	P4,5	P4,5	P4,5	P4,5	- -	P4,5
Research, development, and testing services, including physical, engineering, and life sciences and systems including: electronics, sociology, biotechnology, nanotechnology, chemistry, physics with biosafety level1 3 (BSL 3)	541711, 541712, 541720	- -	- -	- -	- -	- -	- -	Z4,5	- -	- -	- -	- -
Research, development, and testing services, including physical, engineering, and life sciences and systems including electronics, sociology, biotechnology, nanotechnology, chemistry, physics with biosafety level1 4 (BSL 4)	(541711), (541712), (541720)	- -	- -	- -	- -	- -	- -	- -	- -	- -	- -	- -
OFFICES
Co-working space1		P(*)	- -	P	P	P	P6	- -	P	P	P	P	(*) East of Fremont Blvd.
Offices of physicians, dentists, chiropractors2, optometrists2, podiatrists2, mental health practitioners2, physical, occupational and speech therapists and audiologists2, and acupuncturists	6211, 6212, 62131, 62132, 62133, 62134, 621391	- -	- -	P-UFO	P-UFO	P-UFO	P-UFO	- -	- -	P-UFO	P-UFO	- -
Office, other		P(*)	- -	P	P	P	P6	- -	P	P	P	P	(*) East of Fremont Blvd.
Banks and credit unions		P	- -	P	P	P	P6	P	P	P	P	P
RESIDENTIAL
Day care homes, large and small		P	P	P	P	P	P	P	P	P	P	P
Emergency shelters1 except when located within a special flood hazard area1		P	P	P	P	P	P	P	P	P	P	P	Section 18.190.150
Low-barrier navigation centers1		P	P	P	P	P	P	P	P	P	P	P	Section 18.190.295
Live/work units1		P	P	P	P	P	P	P	P	P	P	P	Section 18.190.290
Multifamily including units within mixed-use1 buildings		P	P	P	P	P	P	P	P	P	P	P
Residential care facilities1		P	P	P	P	P	P	P	P	P	P	P	Section 18.190.465
Supportive and transitional housing1		P	P	P	P	P	P	P	P	P	P	P
RETAIL
Food and beverage stores	445
Convenience food store1 and mini-marts	445120	- -	- -	P6	P6	P6	- -	- -	- -	- -	P6	- -
Grocery, supermarket, or specialty food store	445110, 4452	- -	- -	P6	P6	P6	- -	- -	- -	- -	P6	- -
Health and personal care stores, including pharmacies	4461	- -	- -	P6	P6	P6	P6	- -	- -	- -	P6	- -
Retail sales, general, including apparel, accessories, automotive parts and accessories, books, consumer electronics, consumer goods, flower and gift shops, office supplies, pet supplies, sporting goods, variety stores, and miscellaneous retail, excluding uses classified as “restricted retail” below		- -	- -	P6	P6	P6	P6	- -	- -	P6	P6	- -
Retail sales, restricted:
Adult-oriented businesses1, including sexual encounter establishments1		- -	- -	- -	- -	- -	- -	- -	- -	- -	- -	- -
Firearms dealers1 and gunsmiths1, including firearm sales accessory to sporting goods store		- -	- -	- -	- -	- -	- -	- -	- -	- -	- -	- -
Head shops1		- -	- -	- -	- -	- -	- -	- -	- -	- -	- -	- -
Pawn shops		- -	- -	Z	- -	- -	- -	- -	- -	- -	- -	- -
Retail or wholesale trade1,2 related to a permitted, zoning administrator or conditionally permitted use		Z	Z	- -	- -	- -	- -	P	Z	- -	- -	Z
Retail or wholesale trade1,2 for commercial nurseries1 and large-scale items or a limited line of goods including: appliances, industrial machinery, home or business supply stores, etc.		P4,5	P4,5	- -	- -	- -	- -	P4,5	P4,5	- -	- -	P4,5
Retail tobacco store1		- -	- -	- -	- -	- -	- -	- -	- -	- -	- -	- -
Used merchandise or secondhand sales		- -	- -	Z	- -	- -	- -	- -	- -	- -	- -	- -
SERVICES
Animal care and services:
Boarding and dog day care with outdoor area		Z	Z	- -	- -	- -	- -	- -	Z	- -	- -	Z
Dog day care, indoor only		P	P	- -	- -	- -	- -	- -	P	- -	- -	P
Grooming		P	P	- -	- -	- -	- -	- -	P	- -	- -	P
Veterinary clinics and animal hospitals		Z	Z	- -	- -	- -	- -	- -	Z	- -	- -	Z	Section 18.190.590
Artisan and craft shops, such as taxidermists and art studios		P4,5	P4,5	P4,5	P4,5	P4,5	P4,5	- -	P4,5	P4,5	P4,5	P4,5
Astrology1		- -	- -	- -	- -	- -	- -	- -	- -	- -	- -	- -
Business support services, including commercial art, computer and data processing, mailboxes and postal services, mailing and reproduction, messenger services, photography, and similar services without a corporation yard1	5614	P4,5	P4,5	P4,5	P4,5, 6	P4,5,6	P4,5,6	P4,5	P4,5	P4,5,6	P4,5,6	P4,5
Business support services with a corporation yard1	5614	P4,5	P4,5	- -	- -	- -	- -	P4,5	P4,5	- -	- -	P4,5
Caterers (excluding banquet halls1)	722320	P	P	- -	- -	- -	- -	- -	P	- -	- -	P
Consumer product repair and maintenance, including repair and servicing of air conditioning, bicycles, cameras, electronics, furniture, jewelry, lawnmowers, leather goods, refrigeration, upholstery, and similar products and services		P4,5	P4,5	- -	- -	- -	- -	P4,5	P4,5	- -	- -	P4,5
Employment services	5613	P	P	- -	- -	- -	- -	- -	P	- -	- -	P
Hotels, limited1 and full service1 including conference		Z	Z	P	P	P	P	- -	Z	P	P	Z
Investigative and security services, including locksmiths	5616	P	P	- -	- -	- -	- -	- -	P	- -	- -	P
Laundry and dry cleaning services without on-site dry cleaning		- -	- -	P	P	P6	P	- -	- -	P	P	- -
Machinery and equipment rental and leasing		P	P	- -	- -	- -	- -	- -	P	- -	- -	P
Massage establishments1		- -	- -	C-UFO	C-UFO	C-UFO	C-UFO	- -	- -	C-UFO	C-UFO	- -	Chapter 5.65 and Section 18.190.310
Personal services, general1		- -	- -	P	P	P6	P	- -	- -	P	P	- -
Personal services, other1		- -	- -	P-UFO	P-UFO	P-UFO	P-UFO	- -	- -	P-UFO	P-UFO	- -
Photofinishing2	812921, 812922	P4,5	P4,5	- -	- -	- -	- -	- -	P4,5	- -	- -	P4,5
Public or quasi-public use1, not including: corporation/contractor/fleet/service yards1 and warehouses1 or any use specifically listed in this table as a permitted, zoning administrator or prohibited use		C	C	C	C	C	C	C	C	C	C	C	Section 18.190.025
Services to dwellings and buildings, including carpet cleaning, janitorial, landscape, pest control, etc.	5617	P4,5	P4,5	- -	- -	- -	- -	- -	P4,5	- -	- -	P4,5
Travel arrangement and reservation services	5615	- -	- -	P	P	P6	P	- -	- -	P	P	- -
MISCELLANEOUS/OTHER USES
Any other use that the zoning administrator finds is similar in nature, function and operation to:
Permitted uses allowed within this district		P	P	P	P	P	P	P	P	P	P	P	Chapter 18.250
Zoning administrator uses within the district		Z	Z	Z	Z	Z	Z	Z	Z	Z	Z	Z	Chapter 18.250
Conditional uses within the district		C	C	C	C	C	C	C	C	C	C	C	Chapter 18.250
Drive-in or drive-through enterprise1 in conjunction with an allowable use		C	- -	- -	- -	- -	- -	- -	- -	- -	- -	- -	Section 18.190.110
Wireless facilities													Chapter 18.187
ACCESSORY USES
Accessory uses and accessory structures customarily appurtenant to the principal use of property		A	A	A	A	A	A	A	A	A	A	A	Chapter 18.153
Electric vehicle charging stations		A	A	A	A	A	A	A	A	A	A	A
Employee eating places and other incidental services for employees when conducted as an integral part of a main building		A	A	A	A	A	A	A	A	A	A	A
Home occupation1, 7		- -	- -	A	A	- -	- -	- -	- -	- -	A	- -	Section 18.190.240
Mobile vending vehicle/cart1		A	A	A	A	A	A	A	A	A	A	A	Section 5.35.110
Sidewalk displays1		- -	- -	- -	- -	A	- -	- -	- -	- -	- -	- -
Small recycling collection facilities1 and reverse vending machines		A	A	A	- -	- -	- -	- -	A	- -	- -	A
Supportive services for on-site supportive housing1		- -	- -	A	A	- -	- -	- -	- -	- -	A	- -

1 Term is defined in Chapter 18.25.

2 When this column includes a number, the use is elaborated on in the North American Industry Classification System (NAICS) Manual. When a NAICS number is shown within parentheses, the use is excluded.

3 When located outside the general plan transit-oriented development (TOD) overlay designation.

4 Subject to performance standards in Section 18.50.040.

5 Subject to the requirements of Section 18.190.220 (High intensity hazardous materials uses). See Table 18.49.040(b) for review levels in WSI districts.

6 A storefront review certificate or discretionary design review permit is required under Section 18.190.525.

7 A home occupation permit is required in accordance with Section 18.190.240.

Table 18.49.040(b)

Hazardous Materials Users – Minimum Level of Review

In Table 18.49.040(b), the letters and symbols have the following meanings:

“P” – Permitted Use.

“Z” – Zoning Administrator Permit.

“C” – Conditional Use Permit.

“-” – Use Not Allowed.

NOTE: See Section 18.190.220 for further requirements and definitions.

Planning Area	WSI-1			WSI-2			WSI-3			WSI-4 & 4A			WSI-5			WSI-6			WSI-7			WSI-8			WSI-9			WSI-10
Chemical Group	A	B	C	A	B	C	A	B	C	A	B	C	A	B	C	A	B	C	A	B	C	A	B	C	A	B	C	A	B	C
Facility Type
Bulk Plant	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-
Bulk Distribution	-	-	C	-	-	-	-	-	-	-	-	-	-	-	-	-	-	C	-	-	C	-	-	-	-	-	-	-	-	C
Large User Site	-	C	C	-	C	C	-	-	-	-	C	C	-	C	C	-	C	C	-	C	C	-	C	C	-	-	-	-	C	C
Large Storage Plant	C	C	C	-	C	C	-	-	-	-	C	C	-	C	C	C	C	C	C	C	C	-	C	C	-	-	-	C	C	C
Medium User Site	C	Z	Z	C	Z	Z	-	-	-	C	Z	Z	C	Z	Z	C	Z	Z	C	Z	Z	C	Z	Z	-	-	-	C	Z	Z
Medium Storage Plant	C	Z	Z	C	Z	Z	-	-	-	C	Z	Z	C	Z	Z	C	Z	Z	C	Z	Z	C	Z	Z	-	-	-	C	Z	Z
Small User Site	Z	P	P	Z	P	P	-	-	-	Z	P	P	Z	P	P	Z	P	P	Z	P	P	Z	P	P	-	-	-	Z	P	P
Small Storage Plant	Z	P	P	Z	P	P	-	-	-	Z	P	P	Z	P	P	Z	P	P	Z	P	P	Z	P	P	-	-	-	Z	P	P
Very Small Storage or Use	Z	P	P	Z	P	P	-	-	-	Z	P	P	Z	P	P	Z	P	P	Z	P	P	Z	P	P	-	-	-	Z	P	P

(Ord. 28-2014 § 1, 9-9-14; Ord. 16-2015 § 33, 6-2-15; Ord. 24-2015 § 5, 12-15-15; Ord. 04-2016 § 19 (Att. 4), 3-1-16; amended by city during April 2016 update; Ord. 17-2016 § 17, 9-13-16; Ord. 27-2016 § 13, 12-6-16; Ord. 09-2017 § 6, 6-6-17; Ord. 23-2018 §§ 8, 12, 10-2-18; Ord. 02-2020 § 13, 1-14-20; Ord. 05-2021 § 20, 4-20-21; Ord. 07-2023 § 18, 12-5-23.)

18.49.050 Master plan procedures.

(a) On sites of five or more acres a master plan shall be obtained prior to any subdivision or other development approval. Master plan applications and approvals shall comply with the following regulations:

(1) Master Plan Components.

(A) A land use plan along with accompanying tables or other diagrams that identify proposed land uses, proposed land use standards (e.g., proposed minimum building intensities) that will demonstrate how the master plan will achieve the WS/SF CP development targets over time.

(B) Plans, sections or other diagrams that demonstrate how the proposed development will comply with Chapter 3 (Public Realm and Transportation) of the WS/SF CP, including:

(i) Network of public streets using adopted street typologies for streets identified in the WS/SF CP,

(ii) Public transit system, bicycle and pedestrian networks making linkages and fulfilling goals of the WS/SF CP and consistent provisions of the city’s bicycle and pedestrian master plans,

(iii) Public open space using adopted open space typologies, and

(iv) Public art concept for the area consistent with Section 18.49.100 (Warm Springs Innovation District Art Program).

(2) Master Plan Review and Approval Process.

(A) The planning commission shall hold a public hearing and may only recommend approval or conditional approval if it finds the master plan with or without conditions is consistent with the general plan, WS/SF CP and this chapter. If the planning commission cannot make the finding, it shall deny the master plan. A denial shall be final unless appealed to the city council in accordance with Chapter 18.300. The city council shall hold a public hearing on the planning commission recommendation or appeal and take action on the master plan.

(B) Amendments to an approved master plan shall follow the same review and approval process prescribed for the original permit.

(3) Concurrent Submittals.

(A) A master plan may be submitted separately or in conjunction with a tentative map, design review permit or other required entitlements. When concurrent processing is requested, the planning commission will make recommendations to the city council for final action.

(4) Finding for approval of a master plan:

(A) Prior to approving a master plan permit, the city council shall find that the master plan is consistent with the general plan, WS/SF CP and this chapter. (Ord. 28-2014 § 1, 9-9-14.)

18.49.060 Design review permit.

(a) Purpose. The purpose of a design review permit is to ensure that the dimensions, colors, materials, architectural elevations, design and placement of the physical characteristics of a project are in compliance with the design requirements described in the WS/SF CP, as well as the general regulations of this title. The procedures identified in this section shall be used in conjunction with the general requirements and procedures identified in this title, including requirements and procedures for notification, appeals, conditions of approval, modifications, expirations, extensions and revocation.

(b) When Required. Design review permit approval, following the procedures and requirements set forth in Chapter 18.235 (Design Review Permit) is required before any building, structure, site development plan or parking facility is submitted for building permit review. (Ord. 28-2014 § 1, 9-9-14.)

18.49.070 WSI district site and building development standards.

(a) New development, redevelopment, expansions and additions shall conform to the site development standards set forth in Table 18.49.070. For nonresidential uses, intensity is measured in terms of floor area ratio (FAR). For residential uses, density is measured in terms of dwelling units per net acre (du/ac).

(b) When at least 50 percent of a building’s site area lies within a one-quarter- or one-half-mile radius of the BART radius station the project must meet the standards set forth in Table 18.49.070 for the area within the radius. When less than 50 percent of the building’s site area is located within one-quarter- or one-half-mile BART radius, the project may utilize the standard for the area within the radius but is only required to use the standard for outside the radius.

(c) For decreases to the minimum FARs prescribed in Table 18.49.070, the approval authority must make either of the following findings:

(1) The urban form intent of the WS/SF CP is achieved; or

(2) It can be demonstrated through development of a phased master plan that subsequent development can be accommodated on the site to achieve the minimum FAR at some reasonable future date, and that each phase of development does not unduly burden the implementation of subsequent phases of development.

(d) Density Standards.

(1) Purpose and Intent. The number of dwellings per unit of land, the density, is controlled so that housing can match the availability of public services and the support of commercial areas. The standards also allow the housing density to be matched with the carrying capacity of the land. In addition, the density standards are used as one type of control of overall building bulk. Finally, minimum density standards ensure that the service capacity is not wasted and that the city’s housing goals are met.

(2) Density Calculations.

(A) When the density calculation for a parcel results in a fraction of one-half or greater, the density shall be rounded up to the next whole unit.

(B) When the density calculation results in a fraction less than one-half, the density shall be rounded down to the next whole unit.

(C) Minor deviations of no more than one dwelling above or below the permitted range may be allowed when rounding the density calculation.

(D) For purposes of density calculations and density bonus allowances, efficiency apartments or single room occupancy units shall count as one-half a dwelling unit.

(3) Density Bonuses and Density Redistribution.

(A) Density bonuses above the permitted density range of a district shall be allowed subject to the provisions of Chapter 18.165, the general plan and state law.

(B) For projects that propose a density redistribution wherein the respective density of one or more of the housing product types is either above or below the permitted density range established by the WS/SF CP and WSI zoning for the development site; the planning commission shall review and make a recommendation and the city council shall be the final approval authority for the project as part of a master plan.

(e) Alternatives to Building Setbacks and Streetwall Standards Adjacent Streets. Modified building setbacks or streetwall standards may be approved through design review when the approval authority determines that creative design solutions are incorporated, including, but not limited to:

(1) Provision of high quality, publicly accessible open space areas or plazas;

(2) Incorporation of architectural elements (e.g., trellis, columns, light standards, wind turbines or other features) that frame the site and create a clear edge to the public realm, connect the building to the street, reinforce building corner zones, welcome pedestrians into the site and guide them toward the building entries;

(3) Parking areas within setbacks are avoided but if they occur, they are designed with high quality pavement materials other than asphalt. Paver stones, textured/scored concrete are considered acceptable; and/or

(4) Incorporation of well-designed pedestrian pathways with pedestrian-scale amenities from building entries to surrounding sidewalks and within all open space areas.

(f) For modifications to the bulk and massing requirements prescribed in Table 18.49.070, the approval authority must find that the design is consistent with the intent of the WS/SF CP to support the creation of well proportioned buildings that contribute to the formation of an appropriately scaled environment, and reinforce a pedestrian focused environment that is visually engaging.

Table 18.49.070

In Table 18.49.070, the letters and symbols are defined as follows:

KSF = 1,000 Gross Square Feet

SF = Square Feet

Unit = Dwelling Unit

Required Site Development Standards for WSI District

Required Site Development Standards
Intensity (by land use type):
Land Use Type			Minimum FAR within 1/2 mile of BART		Minimum FAR within remainder of Plan Area
Industrial			0.50		0.35
Research and Development			0.50		0.35
Office and Convention			1.50		0.50
Lodging			1.50		1.00
Assembly and Other Nonresidential Uses1			Part of the minimum FAR for a larger project
Density (BART proximity)
Land Use Type			Minimum (Units/Acre) within 1/4 mile of BART		Minimum (Units/Acre) within remainder of Plan Area
Residential			50		30
Open Space
Land Use Type			Minimum
Nonresidential			2.5% of gross floor area
Residential – Common			500 SF for first 5 units + 50 SF for each additional unit
Residential – Private/Unit			48 SF balcony (6' minimum interior dimension) or 80 SF patio (8' minimum interior dimension)
Building Setbacks to Adjacent Streets2,3
Land Use Type			Minimum/Maximum (Feet)		Allowable Projections
Industrial/School			15/20		≤ 55% of building street frontage. See Section 4.2 of the WS/SF CP
Research and Development			8/12
Assembly and Other Nonresidential Uses			8/12
Residential			8/12
Building Setbacks, Other3
Building Type			Minimum/Maximum (Feet)		Allowable Projections
All Building Types			Per Design Review		n/a
Streetwall4
Land Use Type			Minimum (%)		Exclusions and Variations
Office, Research and Development			50		See Section 4.3 of the WS/SF CP
Retail and Entertainment			80
Residential			70
All Other Uses			Exempt
Corner Zones5			100
Occupied Habitable Space (measured perpendicular from streetwall)			Minimum Depth 18 feet
Ground Floor Articulation			Maximum Average (feet)
Office, Research and Development			35
Retail and Entertainment			30
Residential			25
All Other Uses			Exempt
Building Height
			Minimum		Maximum
Nonresidential buildings			2 stories in appearance		See WS/SF CP Chapter 4.5 and Figure 4.11
Nonresidential ground floor as measured from finished floor to finished ceiling			15 feet
Residential buildings			3 stories
Residential buildings ground floor			10 feet
Bulk and Massing6,8
Total Building Height	Max Floor Plate (SF)	Max Plan Length (feet)	Max Diagonal (feet)	Max Apparent Face 1 (feet)	Max Apparent Face 2 (feet)	Minimum Change in Apparent Face
Up to 35 feet	n/a	n/a	n/a	Residential: 20 Nonres: 35	n/a	1' deep x 1' wide notch or 2' offset of building massing
35'-1" to 65 feet	n/a	n/a	n/a	120	80	2' deep x 3' wide notch or 2' facade setback
65'-1" to 85 feet	20,000	200	n/a	80	40	5' deep x 5' wide notch or 5' facade setback
85'-1" to 135 feet	10,000	140	170	105	40	10' deep x 10' wide notch or 10' facade setback
135'-1" to 240 feet	12,000	140	170	110	40	10' deep x 10' wide notch or 10' facade setback
Vehicular Parking by Use
Land Use Type			Maximum		Minimum
Assembly and Convention			3 spaces/KSF		1 space/5 seats
Hotel			1 space/guest room		n/a
Industrial			3 spaces/KSF		n/a
Office			3 spaces/KSF		n/a
Research and Development			3 spaces/KSF		n/a
Residential within 1/4 mile of the BART Station			1.5 spaces/unit7		n/a
Residential outside 1/4 mile of the BART Station			2 spaces/unit		n/a
Retail and Service			3 spaces/KSF		n/a
School			1 space/employee		n/a
Uses not listed above			Shall be based upon Section 18.183.030 but may be reduced by the approval authority given the transit-oriented nature of the use.
Loading Spaces
Standard			Minimum		Maximum
Width			10 feet		n/a
Vertical Clearance			16 feet		n/a
Bicycle Parking by Use
Land Use Type	Short-term (visitor) spaces		Long-term (tenant) spaces		Support facilities
Nonresidential	4, plus 5% of maximum allowable automobile parking for visitors		1, plus 5% of maximum allowable automobile parking for tenants or occupants		1 shower per gender/changing facility/100 employees
Residential buildings with shared parking facilities	4, plus 0.10/unit		2, plus 0.50/unit		n/a
Residential buildings with an individual private garage	4, plus 0.10/unit		none		n/a
Other Parking Standards
	See Section 18.49.080 and Chapter 18.183
Other Required Standards
	See Section 18.49.090

1 Assembly and other nonresidential uses to be approved only as part of a larger building or master plan.

2 Horizontal distance, measured perpendicularly, from the property line to the predominant building wall closest to the property line excluding permitted projections.

3 Final setbacks will be determined as part of the design review permit and may be modified if necessary to meet building code or fire code requirements.

4 Streetwall is defined as that portion of the building massing directly fronting onto either a public right-of-way or easement that is constructed to the minimum setback line. Streetwall standards may be modified through design review in accordance with Section 18.49.070(e).

5 A corner zone is defined as the area a minimum of 30' from the corner of a building and a minimum of 35' high, along a streetwall.

6 See WS/SF CP Chapter 4.6 and Figures 4.12 through 4.15 for further detail.

7 To foster early development activity in the absence of amenities and nearby services, for-sale projects that record a final map prior to December 31, 2019, may provide up to two spaces per unit maximum. Project approvals granted before this date shall incorporate design provisions to allow parking in excess of one and one-half spaces per unit up to two residential spaces per unit to be made available on an unassigned basis.

8 For buildings greater than 65' in height, the portion of the building below 65' in height is subject to the bulk and massing standards for a 35'-1" to 65' tall building. The portion of the building above 65' in height is subject to the bulk and massing standards based on the total building height. For example, if a building is 100' tall, the bulk and massing standards for a 35'-1" to 65' tall building would apply to the bottom 65' of the building, and the bulk and massing standards for a 85'-1" to 135' tall building would apply to the top 35' of the building.

(Ord. 28-2014 § 1, 9-9-14; Ord. 04-2016 § 20, 3-1-16; Ord. 27-2016 § 14, 12-6-16; Ord. 23-2018 § 13, 10-2-18; Ord. 02-2020 § 14, 1-14-20; Ord. 05-2021 § 21, 4-20-21.)

18.49.080 Other parking requirements and parking credits.

(a) Car share and electric vehicle spaces shall be provided and credited in accordance with Section 18.183.172.

(b) Electric vehicle charging stations shall be provided for electric vehicle spaces in accordance with Section 18.183.174.

(d) Mechanical parking systems may be used in accordance with Section 18.183.176.

(e) Parking garages shall meet the requirements set forth in Section 18.183.178.

(f) When bicycle or motorcycle spaces are provided, parking spaces otherwise required pursuant to Table 18.49.090 may be omitted in accordance with the following provisions and subject to the following limitations:

(1) One parking space may be omitted for each four bicycle parking spaces provided.

(2) One parking space may be omitted for each two motorcycle parking spaces provided.

(3) In no instance shall the credit for bicycle or motorcycle parking, or combination thereof, exceed 20 percent of the total required parking spaces. (Ord. 28-2014 § 1, 9-9-14.)

18.49.090 Other requirements.

The following additional requirements shall apply in the WSI district:

(a) All required yards and building setback area shall be landscaped or hardscaped.

(b) Exterior lighting, except streetlights, shall be diffused or concealed in order to prevent illumination of adjoining properties or the creation of objectionable visual impacts on other properties.

(1) Mixed-use development shall be designed as a complementary mix of residential and commercial uses in conformance with the permitted and conditionally permitted uses allowed by each planning area.

(2) The design of mixed-use buildings shall integrate high quality and desirable residential living environments into the prescribed building form that allows for appropriately designed unit access, security, quiet areas, privacy, private open space, and common areas.

(3) Commercial space shall be designed on the ground floor to meet the minimum finished floor to finished ceiling height and floor area depth requirements to allow for a full range of commercial and retail uses. Commercial space design requires an initial design that includes appropriate space needed for ductwork, mechanical equipment, and venting for a range of commercial uses, including restaurants. Location of mechanical equipment, hoods, and ventilation shall be located in a manner that minimizes disturbance to residents. Window glazing shall be transparent.

(d) Internal and external storage of municipal solid waste, recyclables, and yard waste shall conform to the standards set forth in Section 18.190.440.

(e) Private Storage. Each dwelling unit shall have an enclosed storage space located within the garage, patio, or deck area, unless an alternative space is approved through a design review permit. The storage space shall have an aggregate minimum of 100 cubic feet of storage area. If located within the patio or deck area, it shall not intrude into the minimum required open space.

(f) Uses in Enclosed Buildings. Uses are to be conducted entirely within an enclosed building unless otherwise identified in Table 18.49.040.

(g) Transportation Demand Management (TDM). Permit approvals for new and expanding developments shall include measures to promote usage of alternatives to automobile travel. The goal is to reduce total vehicle trips and vehicle trips during peak hours by a minimum of 20 percent through site design measures and participation in an established transportation demand association supporting programs for enhanced transit ridership, biking, and walking. Periodic reviews of TDM measures shall also be required as part of the permit approval.

(h) Right to Urban Core Operations. A variety of residential, business, cultural, civic, places of entertainment, and other uses that foster a vibrant, active urban environment are allowable within the WSI-3, WSI-4A, WSI-5, and WSI-8 zoning districts and may cause temporary inconvenience. Businesses and residential developments in these districts are subject to the requirements of Chapter 18.188, which sets forth special noticing requirements intended to advise property owners, tenants and users of property of the inherent impacts and inconveniences associated with purchase, tenancy or use of property in the urban core. (Ord. 28-2014 § 1, 9-9-14; Ord. 16-2015 § 34, 6-2-15; Ord. 23-2018 § 14, 10-2-18; Ord. 02-2020 § 15, 1-14-20.)

18.49.100 Warm Springs Innovation district art program.

(a) Purpose and Goals. The purpose of this section is to implement Section 3.7 of the WS/SF CP by establishing a Warm Springs Innovation district art program. It is the intent of the city to create a program designed to promote the arts in the WSI district. It is intended that artwork will be installed throughout the district and be a source of pride to the residents of the city and the community life. The program will provide art education and experiences that will spur innovation and creativity as well as economic development by creating a destination that attracts visitors and encourages walking through the streets of the WSI district. The program will develop community pride and identity and improve the general welfare and quality of life in the city. The program will promote partnership between business, local government, and private citizens and thereby encourage awareness and enjoyment of art experiences. An increase in the quantity and quality of distinguished works of art will improve and expand the use and value of buildings and facilities and enhance the urban development of the WSI district.

(b) Warm Springs Innovation District Art Fee Requirement.

(1) Construction Less Than 100,000 Square Feet of Gross Floor Area. In the case of the construction of any building that is less than 100,000 square feet of gross floor area anywhere in the WSI district, or the addition of less than 100,000 square feet of gross floor area to an existing building anywhere in the WSI district, a WSI district art fee shall be paid into the city’s WSI district public art fund.

(2) Construction Greater Than 100,000 Square Feet of Gross Floor Area. In the case of the construction of any building of 100,000 square feet of gross floor area or more in the WSI district, or the addition of 100,000 square feet or more of gross floor area to any existing building in the WSI district, a WSI district art fee shall be paid into the city’s WSI district public art fund; provided, however, that the developer, in lieu of paying up to 50 percent of the fee, may choose to pay at least half of the WSI district art fee into the WSI district public art fund, and expend the remaining amount for on-site artwork.

(3) The amount of the fee shall be based on an amount per square foot adopted by resolution of the city council, and subject to an annual escalator (applied at the beginning of each calendar year) based on the Consumer Price Index (CPI) in the San Francisco-Oakland-San Jose area for the preceding year.

(c) Timing of Payment of Warm Springs Innovation District Art Fee and Installation of On-Site Artwork. The WSI district art fee shall be paid prior to the issuance of the first building permit for the project. The fee may be subject to deferral consistent with city fee deferral policies for development impact fees. For projects where the developer has opted to provide in-lieu on-site artwork, the art shall be installed on the property prior to the issuance of the first certificate of occupancy, unless the community development director grants an extension taking into consideration the size of the artwork, difficulty of manufacturing and/or installation, and related costs while ensuring that the artwork is installed as soon as reasonably feasible.

(d) Warm Springs Innovation District Public Art Fund. All fees collected under this section shall be deposited into a segregated fund to be designated the “Warm Springs Innovation district public art fund.” The fund shall be used for city-owned art or city-sponsored exhibitions located within the boundaries of the WSI

district. The fund shall be used exclusively to prepare sites for works of art, acquire and install works of art, maintain works of art, support the exhibition of publicly accessible art or fund other administrative costs, including city staff time, associated with the WSI district art program. The city will oversee the design and installation of the art in the WSI district pursuant to the city’s art in public places policy.

(e) Approval of On-Site Artwork. For projects with construction greater than 100,000 gross square feet of floor area, if the developer has opted to place in-lieu artwork on-site, the developer must comply with the process and guidelines promulgated by the community development director for approval, installation and maintenance of on-site artwork. The owner of the real property on which artwork approved under this program is located shall maintain the artwork installed pursuant to this section. The community development director is authorized to approve on-site artwork but may refer proposed artwork to the art review board and/or city council if he or she believes further input and direction is required.

(f) Installation and Maintenance of On-Site Artwork – Enforcement.

(1) Following approval and installation of the artwork, the developer shall record a document with the county recorder setting forth a description of the artwork and stating the obligation of the property owner to repair and maintain the artwork.

(2) At any time the community development director has determined that the artwork has not been installed or maintained in substantial conformance to the manner in which it was originally approved, he or she shall require the current property owner to either:

(A) Install, repair or maintain the artwork; or

(B) Pay the WSI district art fee required by subsection (b)(2) of this section, based upon the current fee schedule and the square footage of the building, structure or improvement for which the artwork was required. (Ord. 28-2014 § 1, 9-9-14.)