Title 17 PLANNING
Chapter 17.99 S-17 DOWNTOWN RESIDENTIAL OPEN SPACE COMBINING ZONE REGULATIONS
17.99.010 Title, purpose and applicability.
17.99.020 Zones with which the S-17 zone may be combined.
17.99.030 Definitions.
17.99.040 Permitted categories of usable open space.
17.99.050 Usable open space standards for residential development.
17.99.060 Landscaping requirements.
17.99.070 Conformance with design guidelines.
17.99.010 Title, purpose and applicability.
The provisions of this chapter shall be known as the S-17 residential open
space combining zone regulations. The S-17 zone is intended to provide open
space standards for residential development that are appropriate to the unique
density, urban character and historic character of the central business
district. These regulations shall apply in the S-17 zone, and are supplementary
to the regulations applying in the zones with which the S-17 zone is combined.
(Ord. 12343 § 2 (part), 2001)
17.99.020 Zones with which the S-17 zone may be combined.
The S-17 zone may be combined with the portion of any zoning district that
is located within the General Plan-designated Central Business District. (Ord.
12776 § 3, Exh. A (part), 2006: Ord. 12343 § 2 (part), 2001)
17.99.030 Definitions.
As used in this chapter, the following words will have the meaning set
forth unless the context clearly indicates otherwise:
Usable open space
categories shall be defined as follows:
A. Private Usable Open Space.
Private usable open space is accessible from a single unit and may be provided
in a combination of recessed and projecting exterior spaces.
B. Public
Ground-Floor Plaza. Public ground-floor plazas (plazas) are group usable open
space located at street-level and adjacent to the building frontage. Plazas are
publicly accessible during daylight hours and are maintained by the property
owner. Plazas shall be landscaped and include pedestrian and other amenities,
such as benches, fountains and special paving.
C. Widened Sidewalk. A
widened sidewalk includes paving, landscaping and pedestrian amenities along the
building frontage and within the property boundaries, and constitutes group
usable open space. A widened sidewalk shall involve either a land dedication or
easement to allow public access at all times and a seamless connection to the
public right-of-way.
D. Rooftop Open Space. Rooftop open space, a type of
group usable open space, includes gardens, decks, swimming pools, spas and
landscaping located on the rooftop and accessible to all
tenants.
E. Courtyard. A courtyard is a type of group usable open space that
can be located anywhere within the subject property.
F. Off-site Open Space.
Privately owned and maintained group usable or public open space at ground-floor
or podium level within one thousand (1,000) feet of a residential development,
intended to fulfill the usable open space requirement of said residential
development, only. (Ord. 12776 § 3, Exh. A (part), 2006: Ord. 12343 §
2 (part), 2001)
17.99.040 Permitted categories of usable open space.
Residential development in the S-17 downtown residential open space
combining zone shall provide a combination of the following usable open space
categories, as defined in Section 17.99.030, in order to satisfy the standards
established in Section 17.99.050:
A. Private usable open
space;
B. Public ground-floor plaza;
C. Widened sidewalk;
D. Rooftop
open space;
E. Courtyard; and
F. Off-site open space. (Ord. 12343 §
2 (part), 2001)
17.99.050 Usable open space standards for residential development.
All required usable open space shall be permanently maintained and shall
conform to the following standards:
A. Area. On each lot containing
residential facilities with a total of two or more living units, usable open
space shall be provided for such facilities at a rate of seventy-five (75)
square feet per standard unit, fifty (50) square feet per efficiency unit, and
thirty-eight (38) square feet per rooming unit.
B. Limitations. Not more
than twenty (20) percent of the required area shall be provided in widened
sidewalks.
C. Size and Shape. An area of contiguous space shall be of such
size and shape that a rectangle inscribed within it shall have no dimension less
than the dimensions shown in the following table:
|
Private Usable Open Space
|
10’ (ground floor)
|
|
Public Ground-Floor Plaza
|
10’
|
|
Widened Sidewalk
|
10’*
|
|
Rooftop
|
15’
|
|
Courtyard
|
15’
|
|
Off-Site Open Space
|
5000 square feet
|
* Measurement does not include width of existing sidewalk, and is additive
to existing sidewalk.
When space is located on a roof, the area occupied
by vents or other structures which do not enhance usability of the space shall
not be counted toward the above dimension.
D. Openness. There shall be no
obstructions above the space except for devices to enhance its usability, such
as pergola or awning structures. There shall be no obstructions over
ground-level private usable open space except that not more than fifty (50)
percent of the space may be covered by a private balcony projecting from a
higher story. Above-ground-level private usable open space shall have at least
one exterior side open and unobstructed, except for incidental railings or
balustrades, for eight feet above its floor level.
E. Usability. A surface
shall be provided which prevents dust and allows convenient use for outdoor
activities. Such surface shall be any practicable combination of lawn, garden,
flagstone, wood planking, concrete, asphalt or other serviceable, dustfree
surfacing. Slope shall not exceed ten percent. Off-street parking and loading
areas, driveways, and service areas shall not be counted as usable open space.
Adequate safety railings or other protective devices shall be erected whenever
necessary for space on a roof, but shall not be more than four feet
high.
F. Accessibility. Usable open space, other than private usable open
space and off-site open space, shall be accessible to all the living units on
the lot. It shall be served by any stairway or other accessway qualifying under
the Oakland Building Code as an egress facility from a habitable room. Private
usable open space may be located anywhere on the lot except that ground-level
space shall not be located in a required minimum front yard and except that
above-ground-level space shall not be located within five feet of an interior
side lot line. Above-ground-level space may be counted even though it projects
beyond a street line. All private usable open space shall be adjacent to, and
not more than four feet above or below the floor level of, the living unit
served. Private usable open space shall be accessible to only one living unit by
a doorway to a habitable room or hallway.
G. Enclosure. Ground-level usable
open space shall be screened from abutting lots, streets, alleys, and paths,
from abutting private ways described in Section 17.106.020, and from other areas
on the same lot by a building wall, by dense landscaping not less than five and
one-half feet high and not less than three feet wide, or by a solid or grille,
lumber or masonry fence or wall not less than five and one-half feet high,
subject to the standards for required landscaping and screening in Chapter
17.124 and the exceptions stated in said chapter. However, when such screening
would impair a beneficial outward and open orientation or view, with no building
located opposite and within fifty (50) feet from such required screening, as
measured perpendicularly therefrom in a horizontal plane, the above prescribed
height may be reduced to three and one-half feet. Fences and walls shall not be
constructed as to interfere with the access required by applicable fire
prevention regulations. (Ord. 12343 § 2 (part), 2001)
17.99.060 Landscaping requirements.
At least ten percent of usable open space area (with the exception of
private usable open space) shall include landscaping enhancement as well as user
amenities. Landscaping shall consist of permanent features, such as trees,
shrubbery, decorative planting containers and coverings (mulch, gravel),
fountains, boulders or artwork (sculptures, murals). User amenities shall
include seating, decorative paving or playground structures. (Ord. 12343 §
2 (part), 2001)
17.99.070 Conformance with design guidelines.
Usable open space areas shall be designed to be consistent with any design
guidelines adopted for the affected zone. (Ord. 12343 § 2 (part),
2001)
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