The provisions of this Chapter shall be known as the S-10 Scenic Route Combining Zone Regulations. The Scenic Route Combining (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.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; prior planning code § 6550)

The S-10 Zone may be combined with any other zone.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; prior planning code § 6551)

Except for projects that are exempt from design review as set forth in Section 17.136.025, no Building Facility, Designated Historic Property, Potentially Designated Historic Property, 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. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13028, § 2(Exh. A), 7-20-2010; Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. 12776 § 3, Exh. A (part), 2006: Ord. 12501 § 62, 2003: prior planning code § 6552)

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)

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. No. 13357, § 3(Exh. A), 2-16-2016; Ord. 12776 § 3, Exh. A (part), 2006: prior planning code § 6562)

Within the area shown as "RH-3, 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 (5) 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.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011; prior planning code § 6564)

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 (3) 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 (6) degrees to the horizontal.

(Ord. No. 13064, § 2(Exh. A), 3-15-2011; prior planning code § 6569)

The following provisions shall apply within the area shown as "RH-3, 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 (4) acres.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011; prior planning code § 6573)