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Public space refers to publicly accessible pedestrian-oriented spaces that are integrated into nonresidential or mixed-use developments.

(1) Purpose.

(a) To provide plazas that attract shoppers to commercial areas.

(b) To provide plazas and other pedestrian-oriented spaces in commercial areas that enhance the employees’ and public’s opportunity for active and passive activities, such as dining, resting, people watching, and recreational activities.

(c) To enhance the development character and attractiveness of commercial development.

(2) Applicability.

(a) In the TC zone, public space is required for all new nonresidential and mixed-use development.

(b) In the MC, GC, and MHO zones, public space is required for all new nonresidential and mixed-use development with more than 10,000 square feet of gross floor area.

(3) Required Size of Space. Provide usable on-site public space equal to at least two percent of the development site and meeting the design requirements of subsections (4) and/or (5) of this section. The required area may consist of a single space or multiple spaces.

Figure 18.31.420(3). Required Size of Public Space

(4) Public Space Design Standards.

(a) Required Features.

(i) The space shall abut a public sidewalk or other major internal pedestrian route and be designed to function as a focal point and gathering spot.

(ii) The space shall be ADA compliant and generally level with the adjacent sidewalk or internal pedestrian route. Steps, ramps, and grade changes may be acceptable, provided the outdoor space is designed to be visually and physically accessible from the adjacent sidewalk or internal pedestrian route and the space meets all other standards herein.

(iii) The space shall feature no dimension less than 15 feet in order to provide functional leisure or recreational activity. Exception: Portions of sidewalk area widened beyond minimum standards may qualify as publicly accessible outdoor space, provided storefronts abut the sidewalk.

(iv) The space shall be publicly accessible every day from 6:00 a.m. to 10:00 p.m.

(v) Large spaces (>5,000 square feet) shall be designed to be multifunctional to accommodate a variety of uses and activities.

(vi) The space shall be framed on at least two sides by buildings that are oriented towards the space (via entries and generous facade transparency). Exception: widened sidewalks that qualify as publicly accessible open space as set forth in subsection (4)(a)(iii) of this section only need to be framed on one side (by a storefront). Departures will be considered for unique configurations or designs that meet the purpose of the standards.

(vii) Paved walking surfaces of either concrete or approved unit paving are required. Form-in-place pervious concrete paving is allowed. Gravel surface areas may be allowed for special seating areas.

(viii) Except for natural areas or stormwater infrastructure that contribute to the pedestrian environment, pedestrian amenities shall be integrated into the space. Examples include, but are not limited to, site furniture, artwork, drinking fountains, shade structures, kiosks, or other similar features that complement the space and encourage use of the space by a variety of users.

(ix) Lighting is required and integral to the design of the space for (A) safety and security, (B) intended activities or events, and (C) creating a distinct and inviting atmosphere. Lighting shall conform to CMC 18.31.470.

(x) Except for natural areas or stormwater infrastructure that contribute to the pedestrian environment (see subsection (4)(a)(xv) of this section), at least one individual seat per 60 square feet of plaza area or open space is required. At least 50 percent of the required seating shall be built-in seating elements, while moveable seating may be used for the remaining percentage. Two feet of seating area on a bench or ledge at least 16 inches deep at an appropriate seating height qualifies as an individual seat. Reductions of up to 50 percent will be allowed for the integration of specialized open spaces that meet the purpose of standards herein.

(xi) Landscaping components that add visual interest and do not act as a visual barrier shall be integrated. Such components can include, but are not limited to, trees, planting beds, raised planters, and/or potted plants, or both.

(xii) Permanent weather protection along at least 50 percent of building edges (associated with nonresidential uses) at least six feet deep with horizontal clearance between eight and 15 feet shall be integrated.

(xiii) The space shall be proportional to the intended function and adjacent uses. For example, such spaces should not look or feel empty, barren, or too big when not in use.

(xiv) The space shall include design elements that appeal to the senses. Examples include, but are not limited to, the sound of water, the smell of plants, and/or the heat of fire. Sensory experiences may vary with the season, with water being present in the summer and a fire lit in the winter.

(xv) Stormwater management elements and LID BMPs, like rain gardens, may be integrated into the design of the space and may occupy up to 25 percent of the required space. Where multiple publicly accessible open spaces are included within a development, this standard applies to all such space combined, to allow flexibility in the design of individual spaces.

(xvi) Rules of conduct similar to those for public parks may be posted.

(b) Prohibited Features.

(i) Large expanses of uninterrupted paving or paving without pattern.

(ii) Service and utility areas or venting of mechanical systems.

(iii) Long, narrow space with limited access.

(iv) Space providing vehicular access. Exception: Woonerf style shared access lanes may be allowed (counted at 50 percent discount), provided through traffic is minimal and the design of access feature is well-integrated into the design of the larger space.

(v) Asphalt paving.

(vi) Adjacent chain-link fences.

(vii) Adjacent “blank walls” without “blank wall treatment” (CMC 18.31.560).

(viii) Outdoor storage.

Figure 18.31.420(3)(a). Publicly Accessible Open Space Examples

(5) Outdoor Dining Areas. Nonresidential development designed or occupied for restaurants, bars, cafes, and other eating and drinking establishments is encouraged to provide intentionally designed outdoor dining areas. Such areas may qualify as public space (see subsections (1) through (4) of this section) at a 50 percent rate (e.g., one square foot for each two square feet provided), provided they meet the following standards intended to support the function and desirability of outdoor dining year-round:

(a) Location. Qualifying areas shall abut a sidewalk, public space, or other major internal pedestrian route.

(b) Required outdoor dining area features:

(i) When not adjacent to a building, the perimeters of outdoor dining areas with more than four tables or eight chairs shall be established by a fence, wall, hedge, roping, landscape strip, decorative landscape planters, or other architectural features. If adjacent to a park, plaza, sidewalk, parking lot, or other pedestrian route, perimeter features shall not be taller than 42 inches or wider than 24 inches.

DEPARTURES will be considered, provided the seating is located and designed to provide a clear transition between public space and private dining areas, adequate space for table waiting, and avoids interference with pedestrian traffic.

(ii) Lighting is required for outdoor dining areas that are utilized before sunrise or after sunset. The lighting fixtures shall be decorative and complement the architectural character of the building and site.

(iii) Outdoor dining facilities and equipment shall be of a quality and style that is consistent with the other site planning and building design standards of this chapter. The design, quality, materials and colors used for chairs, tables, lighting, and other fixtures shall complement the architectural style and colors used on the adjacent buildings.

(iv) The preferred surfacing option is pavement or deck flooring. Gravel is acceptable in up to 50 percent of seating areas. Surfaces and walkways shall be designed to enhance accessibility.

(c) Desired outdoor dining area features:

(i) Permanent overhead weather protection, such as building-attached awnings, separate roof structures, pavilions, and other durable designs are allowed and encouraged.

(ii) Nonpermanent umbrellas, tents, sunshades, sails, and similar weather protection features are allowed and encouraged. Nonpermanent elements shall not contain signage. Tents are only allowed October through May, and shall feature at least 70 percent transparency for sides adjacent to a park, plaza, sidewalk, parking lot, or other pedestrian route. Nonpermanent elements shall be designed with appropriate ventilation, water resistance, and wind resistance.

Figure 18.31.420(3)(h). Examples of Outdoor Dining Areas

Images A, B, and C are good examples which are adjacent to public spaces, have perimeter features, and include at least partial overhead weather protection. Image D is a good example of a departure from the perimeter standards, as the lower street-level seating is clearly separated by its adjacency to the upper deck-level seating, planters between tables provide intimacy, and the street itself has limited foot traffic.

(Ord. 08-21 § 3 (Exh. B))