Oakland Municipal Code § 17.11.090 Special provisions for permitted and conditionally permitted facilities,…

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. "Change in use" means any activity which is not already established in the particular park or open space, or the significant expansion of any existing use. Changes in the ongoing regularly-scheduled recreational programs offered by the City of Oakland, regional park district, and similar agencies shall not be considered "changes in use" unless they involve permanent structural changes to parks or park facilities. Conditionally permitted changes in use are listed in Sections 17.11.050, 17.11.060 and 17.11.090. Building and grounds maintenance, repair and/or in-kind replacement of existing park features, which cumulatively do not add more than one hundred (100) square feet of new impervious surface; and routine landscaping and/or landscape improvements, including irrigation systems, shall also not be considered a "change in use."

B. "Improvement" means any project which, if proposed by a private applicant, would require issuance of building, grading, or demolition permit by the City of Oakland. Parking lots shall also be included. Building and grounds maintenance, repair and/or in-kind replacement of existing park features, which cumulatively do not add more than one hundred (100) square feet of new impervious surface; and routine landscaping and/or landscape improvements, including, irrigation systems, are not included. Conditionally permitted improvements are listed in Sections 17.11.050, 17.11.060 and 17.11.090.

C. "Impervious surface" means any surface through which water does not easily pass. Impervious surface specifically includes all structures; paving materials such as brick, concrete, asphalt, or stone; swimming pools; and patios and terraces. Impervious surface does not include landscaping or furniture, play equipment, kiosks, or other individual articles used in conjunction with landscaping which cumulatively do not cover more than one hundred (100) square feet.

D. "Open space of comparable value" means land acquired or improved by the City that is approximately equal in its potential for recreational use to land elsewhere in the City proposed for coverage by a structure or impervious surface. For the purposes of this definition, comparable value shall be based on slope, total area, dimensions, vegetation, and proximity to water features.

E. "Caretaker's quarters" means a single living unit occupied on a monthly or longer basis on public parkland where the primary occupant of the residence is employed to maintain the grounds and facilities of the associated park.

F. "Street furniture" means furnishings used to enhance the aesthetic and functional value of a park or open space, including benches, tables, planter boxes, flagpoles, water fountains, decorative trash bins, ornamental fixtures, and similar features. Map boards and kiosks are excluded. For zoning purposes, street furniture is classified into projects whose individual components sum to more than one hundred (100) square feet and those whose components sum to one hundred (100) square feet or less.

G. "No net loss" means a state in which the square footage of useable parkland added to the City's park inventory since July 28, 1998, is equal to or greater than the square footage of urban parkland covered by structures since that date. Lands within the jurisdiction of the Port of Oakland and lands classified as "Resource Conservation Areas" are excluded from this calculation. Structures equal to or smaller than one hundred (100) square feet shall also be exempt from this calculation.

H. "Urban parkland" means any parkland in the City of Oakland that is not designated a "Resource Conservation Area," excluding those lands within the jurisdiction of the Port of Oakland.

(Ord. No. 13868, § 2(Exh. A), 12-16-2026)

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

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 17.11.090 shall be deemed legal nonconforming uses and shall be subject to the provisions of Chapter 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 17.11.015 and the use permit criteria at Section 17.11.110:

A. Residential Activities:

Permanent

B. Civic Activities:

Essential Service, except when certain types of Essential Service Activities are permitted in the designated open space categories, as set forth in Section 17.11.060.

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. 13868, § 2(Exh. A), 12-16-2026; 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 constitute a "change in use," as defined in Section 17.11.015, within the OS Zone. Building and grounds maintenance, repair, and in-kind replacement of existing park features, which cumulatively do not add more than one hundred (100) square feet of new impervious surface, and routine landscaping and/or landscape improvements shall not be considered a "change in use." 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.

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.

L2. Permanent Residential Activities are only permitted in the designated park types upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP Procedure), and only if the extent of the activity meets the definition of "Caretaker's Quarters" in Section 17.11.015.

(Ord. No. 13868, § 2(Exh. A), 12-16-2026; 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

B. Nonresidential Facilities

Enclosed—Permitted if the associated activity is also permitted in the designated park types set forth in Section 17.11.060; conditionally permitted if the associated activity is conditionally permitted in the designated park types set forth in Section 17.11.060 (see Chapter 17.134 for the CUP procedure).

Open—Permitted if the associated activity is also permitted in the designated park types set forth in Section 17.11.060; conditionally permitted if the associated activity is conditionally permitted in the designated park types set forth in Section 17.11.060 (see Chapter 17.134 for the CUP procedure).

(Ord. No. 13868, § 2(Exh. A), 12-16-2026; 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 17.11.015 and the use permit criteria at Section 17.11.110:

A. Residential Facilities:

One-Family Dwelling

B. Nonresidential Facilities:

Enclosed, conditionally permitted if the associated activity is also conditionally permitted in the designated park types set forth in Section 17.11.060 (see Chapter 17.134 for the CUP procedure).

Open, conditionally permitted if the associated activity is also conditionally permitted in the designated park types set forth in Section 17.11.060 (see Chapter 17.134 for the CUP procedure).

C. Telecommunications Facilities:

Mini Telecommunications

Micro Telecommunications

Macro Telecommunications

Monopole Telecommunications

(Ord. No. 13868, § 2(Exh. A), 12-16-2026; 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)

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:

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

2. 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.

3. 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 diamond. In the event that no letter or symbol appears in the matrix cell, the use is not permitted.

* Limited to the circumstances outlined in 17.11.090A.

(Ord. No. 13868, § 2(Exh. A), 12-16-2026; 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 17.11.015. Exceedances of the Impervious Surface limits shall require a Minor Variance, as specified in Section 17.148.020(B).

(Ord. No. 13868, § 2(Exh. A), 12-16-2026; 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:

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

2. 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 Section 17.116.040.

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)