Chapter 17.11 — OS OPEN SPACE ZONING REGULATIONS

The provisions of this Chapter shall be known as the OS Open Space Zone Regulations. The OS Zone is intended to create, preserve, and enhance land for permanent open space to meet the active and passive recreational needs of Oakland residents and to promote park uses which are compatible with surrounding land uses and the city's natural environment. The zone is typically appropriate in areas of public open space only. The following regulations shall apply in the OS Zone.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. 12078 § 3 (part), 1998)

A.

All parks and public open space lands in the City of Oakland shall be classified using the categories listed below:

RCA Resource Conservation Area

RSP Region-Serving Park

CP Community Park

NP Neighborhood Park

AMP Active Mini-Park

PMP Passive Mini-Park

LP Linear Park

SU Special Use Park

AF Athletic Field Park

B.

Designation of each park on the zoning maps shall be followed by the two- or three-letter abbreviation corresponding to each park type in parentheses.

C.

If a new park is developed or acquired or if an existing park is to be changed to a new category, the Parks and Recreation Advisory Commission (PRAC) shall make a recommendation on the designation to the City Council, consistent with the park type definitions contained in the Open Space Conservation and Recreation (OSCAR) Element of the Oakland General Plan. The City Council shall hold a noticed public hearing prior to making a decision on the recommendation.

(Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12078 § 3 (part), 1998)

All activities and facilities that are existing or have been legally approved on the effective date of the ordinance codified in this Chapter shall be deemed approved, provided that they appear in the list of

conditionally permitted uses in Sections 17.11.050, 17.11.060 and 17.11.090. These activities and facilities shall not be subject to the provisions of Chapter 17.114 on nonconforming uses. Those existing activities and facilities that are not listed as conditionally permitted uses in Sections 17.11.050, 17.11.060 and

17.114.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12078 § 3 (part), 1998)

The following activities, as described in the use classifications at Chapter 17.10 and as further restricted to certain park and open space categories and specific uses as set forth in Section 17.11.060 are permitted:

A.

Accessory Activities

(Ord. 12078 § 3 (part), 1998)

The following activities, as described in the use classifications at Chapter 17.10, and as further restricted to certain park and open space categories and specific uses as set forth in 17.11.060, may be permitted upon the granting of a conditional use permit pursuant to the conditional use permit procedure at Chapter 17.134 and the special use permit procedure for the OS Zone at Chapter 17.135, subject to the special definitions for projects in the Open Space Zone at Section 17.09.050 and the use permit criteria at Section 17.11.110:

A.

Residential Activities:

Permanent

B.

Civic Activities:

Essential Service

Limited Child Care

Community Assembly

Recreational Assembly

Community Education

Nonassembly Cultural

Administrative

Extensive Impact

C.

Commercial Activities:

Animal Care

Animal Boarding

General Food Sales

Full-service restaurant

Limited Service Restaurant and Cafe

Alcoholic Beverage Sales (in restaurants only)

D.

Agricultural and Extractive Activities:

Plant Nursery

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13270, § 3(Exh. A), 11-18-2014; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12939, § 4(Exh. A), 6-16-2009; Ord. 12078 § 3 (part), 1998)

The following table shall apply to those activities that are permitted and conditionally permitted within the OS Zone. The specified activities shall only be permitted or conditionally permitted in the types of parks indicated in the table. Permitted activities are noted with the letter "P." Uses requiring a Minor Conditional Use Permit are indicated with a star. Uses requiring a Major Conditional Use Permit are indicated with a solid diamond. In the event that no letter or symbol appears in the matrix cell, the use is not permitted.

USE/PARK TYPE RSP CP NP AMP PMP LP SU RCA AF

     Legend:

     ♦ = Major Conditional Use Permit Required

         * = Minor Conditional Use Permit Required

   P = Permitted

    L = Limitations or notes listed at the bottom of the table that activities are subject to
   No symbol = Not Permitted
   RSP (Region-Seeing Park); CP (Community Park); NP (Neighborhood Park); Active Mini-Park (AMP); Passive
     Mini-Park (PMP); Linear Park (LP); Special Use Park (SU); Resource Conservation Area (RCA); Athletic Field
     Park (AF)

PERMANENT RESIDENTIAL ACTIVITIES

ACTIVITY TYPES

    Caretaker's Quarters                    ♦       ♦       ♦                      ♦       ♦              ♦

ESSENTIAL SERVICE CIVIC ACTIVITIES

    Botanical Gardens                                *          *          *          *          *          *          *                     *

   Community Gardens                             *          *          *          *          *          *          *          *          *

      Trails and Paths                                   *          *          *          *          *          *          *          *          *

      Electric, gas, and telephone distribution     *          *          *          *          *          *          *          *          *
      lines and poles

    Water, storm drainage, and sewer lines      *          *          *          *          *          *          *          *          *

    Park, recreational, and civic uses,             *          *          *          *          *          *          *          *          *
    consistent with a Master Plan adopted
   by the City Council (pursuant to Section
    17.135.050), whether or not they are
      listed in this table.

    Park, recreational, and civic uses on land  P                             P     P     P
  owned by the East Bay Regional Park
      District (EBRPD), consistent with a
    Master Plan adopted by the EBRPD
   Board (pursuant to Section 17.135.050),
    whether or not they are listed in this
     table.

LIMITED CHILD CARE ACTIVITIES

    Child Care Centers for 12 or fewer        ♦       ♦       ♦                              ♦
     children

COMMUNITY ASSEMBLY CIVIC ACTIVITIES

Athletic Fields * * * * *

    Basketball Courts                                 *          *          *          *                     *          *                     *

   Boathouses                            ♦                                     ♦       ♦

   Bocce Ball                                          *          *          *                                           *

    Carousels and Similar Amusement Rides  ♦                                             ♦

    Clubhouse, lodge, meeting hall           ♦       ♦       ♦                              ♦

  Dog Play Area (fenced)                          *          *          *                                *          *

     Fishing Ponds                                     *          *          *                                           *

   Food Service and Other Concessions        *          *          *                                           *                     *

   Gymnasium                            ♦       ♦       ♦                              ♦

    Handball Courts                        ♦       ♦       ♦                              ♦

   Horseback Riding                      ♦                                             ♦       ♦

   Horseshoe Pit                                     *          *          *          *                                *

   Lawn Bowling                                     *          *          *                                           *

     Miniature Golf                          ♦       ♦                                     ♦

Picnic Areas * * * * * * * ♦ *

    Playgrounds/Tot Lots/Children's Play        *          *          *       ♦                     *          *                     *
   Equipment (more than 1,000 square feet)

    Playgrounds/Tot Lots/Children's Play        *          *          *          *          *          *          *          *          *
   Equipment (less than 1,000 square feet)

    Recreation Center                      ♦       ♦       ♦                              ♦

    Skateboard Play Area                            *          *          *                                           *                     *

  Swim Centers (pools)                   ♦       ♦       ♦                              ♦

   Temporary Uses (i.e., fairs and carnivals)    *          *          *          *          *          *          *                     *

    Tennis Courts                                      *          *          *                                           *                     *

   Wading Pools                                      *          *          *          *                                *

   Water Play Feature (water park)           ♦       ♦                                     ♦

COMMUNITY EDUCATION CIVIC ACTIVITIES

Child Care Centers (for 13 or more ♦ ♦ ♦ ♦ children)

NON-ASSEMBLY CULTURAL CIVIC ACTIVITIES

    Conservatory                          ♦       ♦                                     ♦

     Historic Residence Converted for         ♦       ♦       ♦                              ♦
    Museum/Recreational Purposes

  Museum                               ♦       ♦                                     ♦

    Planetarium/Observatory                ♦                                             ♦

ADMINISTRATIVE CIVIC ACTIVITIES

    Park Offices                           ♦       ♦       ♦                              ♦              ♦

EXTENSIVE IMPACT CIVIC ACTIVITIES

    Auditoriums                            ♦       ♦                                     ♦

   Bandstand                             ♦       ♦                                     ♦

   Campsites (improved)                   ♦                                             ♦

   Campsites (unimproved)                 ♦                                             ♦       ♦

    Docks/Wharves/Piers                   ♦                                     ♦       ♦       ♦

     Driving Range                          ♦                                             ♦

     Electric Transmission Lines              ♦                                             ♦       ♦

    Equestrian Arena                       ♦                                             ♦

    Golf Course                                                                          ♦

   Outdoor Performance                   ♦       ♦       ♦                              ♦
    Area/Stage/Amphitheater

   Stadium or Sports Arena                 ♦                                             ♦

    Stormwater Detention/Water Quality      ♦       ♦                              ♦       ♦
      Facilities

Reservoirs and Water Supply Tanks ♦ ♦ ♦ ♦ ♦ ♦ ♦

      Wildlife Preserve                        ♦       ♦                                     ♦       ♦

    Zoological Gardens (Zoos)               ♦                                             ♦

ANIMAL CARE COMMERCIAL ACTIVITIES

   Horse Stables                          ♦                                             ♦

GENERAL FOOD SALES COMMERCIAL ACTIVITIES

     Full-service restaurant, within a publicly-   ♦                                             ♦
  owned building

ALCOHOLIC BEVERAGE SALES

    Only in General Food Sales Commercial   ♦                                             ♦
      Activities that do not qualify as Full-
    Service Restaurants

AGRICULTURAL ACTIVITIES

    Nurseries (Botanical)                    ♦                                                                 *

    Limited Agriculture

    Extensive Agriculture

ACCESSORY ACTIVITIES

    Accessory Buildings                             *          *          *          *                     *          *                     *

Benches and street furniture, the sum of * * * * * * * * * which is more than 100 square feet

   Benches and street furniture, the sum of  P     P     P     P     P     P     P         *     P
   which is less than 100 square feet

    Fences, walls, or gates                       *(L1)     *(L1)     *(L1)     *(L1)     *(L1)     *(L1)     *          *          *

      Irrigation Systems                  P     P     P     P     P     P     P         *     P

   Kiosks/Map Boards                              *          *          *          *          *          *          *          *          *

    Landscaping, including hedges         P     P     P     P     P     P     P         *     P

     Lighting (Athletic Field)                  ♦       ♦                                     ♦              ♦

     Lighting (General)                       P*      P*      P*      P*      P*      P*        *                     *

   Maintenance Sheds                              *          *          *                                *          *       ♦          *

    Parking for use within park                     *          *          *                                *          *          *          *

    Public Art                                           *          *          *          *          *          *          *       ♦          *

     Pullouts and Scenic Overlooks         P     P                       P     P     P

    Rest Room Building                              *          *          *          *          *          *          *       ♦          *

   Commercial Kitchen Use in Recreation   P     P     P                       P
    Center Buildings

PARK USES CONSISTENT WITH AN ADOPTED MASTER PLAN OR CULTURAL EASEMENT

    Park uses consistent with a Master Plan  P     P     P     P     P     P     P     P     P
   adopted by the City Council (pursuant to

Section 17.135.050), whether or not they are listed in this table.

     Park uses on land owned by the East    P     P     P     P     P     P     P     P     P
    Bay Regional Park District (EBRPD),
      consistent with a Master Plan adopted
    by the EBRPD Board (pursuant to
     Section 17.135.050), whether or not they
      are listed in this table.

Park uses consistent with a recorded P P P P P P P P P conservation easement adopted by the City Council and held by a qualified entity pursuant to California Civil Code Section 815.3, whether or not they are listed in this table. Limitations: The uses permitted under this section must be reserved for the exclusive purpose of conserving the culture present in Oakland prior to European colonization or culture descended from said time and place. The conservation easement shall establish the development standards that apply to such uses and no further approvals shall be required under this Planning Code; provided that other approvals under the Municipal Code shall still apply, including but not limited to, the Creek Protection Ordinance, Building Code, and Fire Code.

Limitations on Table Above in Section 17.11.060:

L1. Exception. Fences, walls, and gates in the designated park types may be exempted from this Conditional Use Permit requirement if the City Administrator, or their designee, determines that it will increase safety and security, or could prevent a public safety hazard. The City Administrator, or their designee, is hereby authorized to institute standards consistent with this subsection to guide implementation of this exception.

(Ord. No. 13805, § 2(Exh. A), 7-16-2024; Ord. No. 13779, § 2(Exh. A), 1-16-2024; Ord. No. 13763, § 5, 10- 3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13270, § 3(Exh. A), 11-18-2014; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12078 § 3 (part), 1998)

The following facilities, as described in the use classifications at Chapter 17.10, and as further restricted to certain park and open space categories and specific uses as set forth in the following table, are permitted:

A.

Accessory Facilities

(Ord. 12078 § 3 (part), 1998)

The following facilities, as described in the use classifications at Chapter 17.10, and as further restricted to certain park and open space categories and specific uses as set forth in Section 17.11.090, may be permitted upon the granting of a conditional use permit pursuant to the conditional use permit procedure at Chapter 17.134 and the special use permit procedure for the OS Zone at Chapter 17.135, subject to the special definitions for projects in the Open Space Zone at Section 17.09.050 and the use permit criteria at Section 17.11.110:

A.

Residential Facilities:

One-Family Dwelling

B.

Nonresidential Facilities:

Enclosed

Open

C.

Telecommunications Facilities:

Mini Telecommunications

Micro Telecommunications

Macro Telecommunications

Monopole Telecommunications

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12899 § 4, Exh. A (part), 2008; Ord. 12350 § 3 (part), 2001: Ord. 12078 § 3 (part), 1998)

variance in the OS Zone.

A.

Business and Advertising Signs. Business and Advertising Signs are allowed only when a City agency enters into an agreement with a private enterprise to enhance public park facilities and/or programs, and the private enterprise is a principal provider of cash and or in-kind contribution toward the enhancements.

Such Signs will refer either to the name of the donor company and/or products for sale on site. The size and content of such Signs is further limited to the following:

No signage may advertise alcohol, tobacco, drugs, pharmaceuticals or firearms.

Signage may only advertise products sold on-site or show the name of a private enterprise acting as a principal provider as a part of an agreement with a City agency.

Signs shall generally be consistent with the limitations established for Business and Advertising Signs in Chapter 17.104, but some departure from these requirements may be considered on a case-by-case basis.

B.

The following table shall apply to certain classes of facilities that are permitted and conditionally permitted within the OS Zone. The specified facilities shall only be permitted or conditionally permitted in the types of parks indicated in the table. Permitted activities are noted with the letter "P." Uses requiring a minor conditional use permit are indicated with a star. Uses requiring a major conditional use permit are indicated with a solid circle and star [solid diamond]. In the event that no letter or symbol appears in the matrix cell, the use is not permitted.

USE/PARK TYPE RSP CP NP AMP PMP LP SU RCA AF

     Legend:

     ♦ = Requires Major Conditional Use Permit

         * = Requires Minor Conditional Use Permit

   RSP (Region-Seeing Park); CP (Community Park); NP (Neighborhood Park); Active Mini-Park (AMP); Passive
     Mini-Park (PMP); Linear Park (LP); Special Use Park (SU); Resource Conservation Area (RCA); Athletic Field
     Park (AF)

FACILITY TYPES

ONE-FAMILY RESIDENCE

      Caretaker's Quarters                             *          *          *                                *          *                     *

TELECOMMUNICATIONS FACILITIES

      Mini Telecommunications                ♦       ♦       ♦       ♦       ♦       ♦       ♦       ♦       ♦

     Micro Telecommunications               ♦       ♦       ♦       ♦       ♦       ♦       ♦       ♦       ♦

    Macro Telecommunications                    *          *          *          *          *          *          *          *          *

    Monopole Telecommunications                *          *          *          *          *          *          *          *          *

    Tower Telecommunications

SIGNS

      Residential                            ♦       ♦       ♦       ♦       ♦       ♦       ♦       ♦       ♦

      Special                                ♦       ♦       ♦       ♦       ♦       ♦       ♦       ♦       ♦

Civic ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦

     Business*                             ♦       ♦       ♦       ♦       ♦       ♦       ♦              ♦

      Advertising*                            ♦       ♦       ♦       ♦       ♦       ♦       ♦              ♦

• Limited to the circumstances outlined in 17.11.090A.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12899 § 4, Exh. A (part), 2008; Ord. 12350 § 3 (part), 2001: Ord. 12078 § 3 (part), 1998)

Pursuant to Section 17.10.090, any activity or facility which is not expressly classified in Sections 17.11.060 and 17.11.090 shall be included in that category which most closely portrays it. In the event a use cannot be classified into an existing category, Sections 17.11.060 and 17.11.090 may be modified to establish a classification for said use, subject to the right of appeal from such determination pursuant to the administrative appeal procedure at Chapter 17.132. Any other changes to the text of the OS Zone shall be subject to the rezoning and law change procedure at Chapter 17.144.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. 12078 § 3 (part), 1998)

A conditional use permit for any use under Sections 17.11.060 or 17.11.090 may be granted only upon determination that the proposal conforms to the general use permit criteria set forth in the conditional use permit procedure at Chapter 17.134 and the no net loss provisions of Section 17.135.060.

(Ord. 12078 § 3 (part), 1998)

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. 12078 § 3 (part), 1998)

A.

General. Except as otherwise provided in Sections 17.108.020 and 17.108.030, the maximum height of buildings and other facilities shall be thirty-five (35) feet in parks classified as RCA, NP, AMP, PMP, or LP, and forty-five (45) feet in parks classified as RSP, CP, or AF. No general maximum height limit is prescribed for Special Use Parks.

B.

Height Restrictions Along More Restrictive Zone Boundary. Where the OS Zone abuts a zone with a more restrictive height limit, the maximum height of buildings and other facilities shall not exceed the maximum height of the abutting zone unless each portion above that height is set back from the minimum yard required by Section 17.11.140 a minimum horizontal distance equal to two (2) feet for each one (1) foot by which it extends above such maximum height. This requirement shall apply at the property line in the event that no minimum yard is required in the abutting district.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12078 § 3 (part), 1998)

A.

All Park Categories Except Special Use Parks. The minimum front, side, and rear yards shall be equal to the minimum yards required in the nearest adjacent zoning district. For parks abutting multiple zones, different minimum yard requirements may apply to different parts of the park.

B.

Special Use Parks. No specific yard requirements shall apply in Special Use Parks. Appropriate yards in Special Use Parks are to be determined by the Director of City Planning through the conditional use permit procedure required by Sections 17.11.060 and 17.11.090 for the specific development projects proposed in these parks.

(Ord. 12078 § 3 (part), 1998)

The following table sets forth the maximum permitted impervious surface standards, as defined in Section

Exceedances of the Impervious Surface limits shall require a Minor Variance, as specified in

Section 17.148.020(B).

Park Acreage Maximum % Impervious Surface

Plazas and Active Mini-Parks No limit

Passive Mini-Parks 10%

Resource Conservation Areas One percent (1%) of total park area or two thousand five hundred (2,500) square feet, whichever is smaller, excluding parking areas which meet requirements in Section 17.116.260 for "durable, dustless, all-weather surface parking"

All other park classes

Less than 1.0 acre 35%

1.0—5.0 acres 25%

5.0—10.0 acres 15%

Greater than 10.0 acres 10%

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12078 § 3 (part), 1998)

All uses shall be subject to the applicable requirements of the buffering regulations at Chapter 17.110 with respect to screening or location of parking, loading, and storage areas; control of artificial illumination; and other matters specified therein.

(Ord. 12078 § 3 (part), 1998)

A.

Parking and Loading. Off-street parking and loading shall be provided as prescribed in the off-street parking and loading requirements at Chapter 17.116, except that reduced parking requirements may be allowed by the Director of City Planning through the conditional use permit procedure required by Sections 17.11.050, 17.11.060 and 17.11.090 for activities and facilities in either of the following instances:

The project's primary service area is one-quarter mile or less; or,

A portion of the project's parking demand is to be met through reciprocal agreements for shared parking on the same site or an adjacent site or sites.

In both cases, the extent of the reduction shall be determined by the Director of City Planning pursuant to

B.

Bicycle Parking. Bicycle parking shall be provided as prescribed in the bicycle parking regulations in Chapter 17.117.

C.

Nonconforming Uses. Nonconforming uses and changes therein shall be subject to the nonconforming use regulations at Chapter 17.114.

D.

General Provisions. Unless otherwise indicated, the general exceptions and other regulations set forth in Chapter 17.102 shall apply in the OS Zone.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12884 § 2 (part), 2008; Ord. 12078 § 3 (part), 1998)