Title 17 PLANNING
Chapter 17.90 S-10 SCENIC ROUTE COMBINING ZONE REGULATIONS
17.90.010 Title, purpose, and applicability.
17.90.020 Zones with which the S-10 zone may be combined.
17.90.030 Required design review process.
17.90.040 Restriction on driveway access.
17.90.050 Design review criteria.
17.90.060 Restriction on subdivisions in the Shepherd Canyon Corridor.
17.90.070 Restriction of height on downslope lots.
17.90.080 Conditional use permit for waiver of certain requirements in the Shepherd Canyon Corridor.
17.90.010 Title, purpose, and applicability.
The provisions of this chapter shall be known as the S-10 scenic route
combining zone regulations. The S-10 zone is intended to create, preserve, and
enhance areas where hillside terrain, wooded canyons and ridges, and fine vistas
or panoramas of Oakland, neighboring areas, or the Bay can be seen from the
road, and is typically appropriate to roads along or near ridges, or through
canyons, of the Oakland Hills which roads have good continuity and relatively
infrequent vehicular access from abutting properties. These regulations shall
apply in the S-10 zone, and are supplementary to the regulations applying in the
zones with which the S-10 zone is combined. (Prior planning code §
6550)
17.90.020 Zones with which the S-10 zone may be combined.
The S-10 zone may be combined with any other zone. (Prior planning code
§ 6551)
17.90.030 Required design review process.
Except for projects that are exempt from design review as set forth in
Section 17.136.025, no Local Register Property, Building Facility, Mixed Use
Development, 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 additional provisions in
Section 17.90.050, the Telecommunications regulations in Chapter 17.128, or the
Sign regulations in Chapter 17.104. (Ord. 12776 § 3, Exh. A (part), 2006:
Ord. 12501 § 62, 2003: prior planning code § 6552)
17.90.040 Restriction on driveway access.
No driveway shall have access to Grizzly Peak Boulevard, Skyline
Boulevard, Tunnel Road, or Shepherd Canyon Road, except upon the granting of a
conditional use permit pursuant to the conditional use permit procedure in
Chapter 17.134 and upon determination:
A. That vehicular access cannot
reasonably be provided from a different street or other way; and
B. That
every reasonable effort has been made to share means of vehicular access with
abutting properties.
However, a conditional use permit is not required in
cases where site development and design review approval authorizing the driveway
access has been granted pursuant to Sections 17.92.030 and 17.92.050. (Prior
planning code § 6557)
17.90.050 Design review criteria.
In the S-10 zone, proposals requiring regular design review approval
pursuant to Section 17.90.030 may be granted only upon determination that the
proposal conforms to the regular design review criteria set forth in the design
review procedure in Chapter 17.136 and to both of the following additional
criteria:
A. That the siting, grading, and design will, to the maximum
extent feasible, preserve existing live trees and other desirable natural
features;
B. That the proposed development will, as far as practicable,
maintain existing vistas or panoramas which can be seen from the abutting public
road and maintain the visual value of the total setting or character of the
surrounding area. (Ord. 12776 § 3, Exh. A (part), 2006: prior planning code
§ 6562)
17.90.060 Restriction on subdivisions in the Shepherd Canyon Corridor.
Within the area shown as “R-20, S-10” on Map 4 of the Shepherd
Canyon Corridor Plan adopted by the City Council, no land shall be subdivided
into two or more lots, and no lot line shall be moved more than five feet,
except upon the granting of a conditional use permit pursuant to the conditional
use permit procedure in Chapter 17.134 and upon determination:
A. That the
proposal is consistent in all significant respects with the Shepherd Canyon
Corridor Plan; and
B. That every reasonable effort has been made to locate
the building sites so as to maximize the conservation of open space which is
valuable for visual, recreational, ecological, drainage, or safety
purposes.
The above requirement is in addition to all applicable substantive
and procedural regulations of the Oakland Municipal Code with respect to
subdivisions and parcel maps. However, a conditional use permit is not required
in cases where a planned unit development permit authorizing the proposal has
been granted pursuant to the planned unit development procedure in Chapter
17.140. (Prior planning code § 6564)
17.90.070 Restriction of height on downslope lots.
The following height restriction shall apply to each lot which abuts
Grizzly Peak Boulevard, Skyline Boulevard, or Tunnel Road and which has an
average elevation of finished grade less than the average elevation of the
nearest edge of the paved roadway of such boulevard or road. Except for the
projections allowed by Section 17.108.030, no building or other facility or
portion thereof shall extend above any line beginning three feet above any point
on the nearest edge of the aforesaid roadway and extending outward at right
angles to said edge and downward over the lot at an angle of six degrees to the
horizontal. (Prior planning code § 6569)
17.90.080 Conditional use permit for waiver of certain requirements in the Shepherd Canyon Corridor.
The following provisions shall apply within the area shown as “R-20,
S-10” on Map 4 of the Shepherd Canyon Corridor Plan adopted by the City
Council:
A. Basic Provisions. Subject to the provisions of subsection B of
this section, the maximum height and the minimum yard and lot area, width, and
frontage requirements otherwise applying to individual lots may be waived or
modified within a subdivision or development, and parking may be located within
the subdivision or development without reference to lot lines, upon the granting
of a conditional use permit pursuant to the conditional use permit procedure in
Chapter 17.134 and upon determination:
1. That the waiver or modification
will promote an improved arrangement of structures and circulation which will
preserve and enhance open space, for visual, recreational, ecological, drainage,
or safety purposes, more effectively than what the standard requirements would
allow; and
2. That there is adequate provision for maintenance of the open
space and other facilities within the subdivision or development.
B. Minimum
Size Under This Procedure. A conditional use permit pursuant to subsection A of
this section may be granted only if the total land area of the subdivision or
development is less than four acres. (Prior planning code §
6573)
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