SEC. 954. OPEN SPACE REQUIREMENTS FOR CERTAIN NONRESIDENTIAL USES IN MB-O AND MB-CI DISTRICTS.

   (a)   Amount of Open Space Required. Usable open space shall be provided in the MB-O and MB-CI Districts, in accordance with the standards set forth in this Section, in the amount of one square foot for each 40 square feet of occupied floor area of all uses except residential and live/work and institutional uses, uses in a predominantly retail building, and parking.

   (b)   Types of Open Space. One or more of the following types of open space may be provided to satisfy the requirements of this Section: a plaza, an urban park, an urban garden, a view terrace, a sun terrace, a greenhouse, a small sitting area (a snippet), an atrium, an indoor park, or a public sitting area in a galleria, arcade, pedestrian mall or walkway, or, with respect to open space required in the MB-CI District, a park pathway.

   (c)   Open Space Standards. The required open space, as determined by the Zoning Administrator, shall:

      1.   Be of adequate size to be attractive and practical for its intended uses;

      2.   Be in such locations and provide such ingress and egress as will make the area convenient, safe, secure and easily accessible to the general public;

      3.   Be well designed, and where appropriate be landscaped;

      4.   Be protected from uncomfortable wind;

      5.   Incorporate various features, including ample seating and, if appropriate, access to food service, which will enhance public use of the area;

      6.   Have adequate access to sunlight if sunlight access is appropriate to the type of area;

      7.   Be well lighted if the area is of the type requiring artificial illumination;

      8.   Be well signed and open to the public at times when it is reasonable to expect substantial public use;

      9.   Be designed to enhance user safety and security; and

      10.   Have convenient access to toilet facilities open to the public; and

      11.   Be in general conformity with the Recreation and Open Space Design Guidelines in the Mission Bay Plan.

   (d)   Costs and Restrictions. All costs of the open space, including without limitation those associated with design, development, regular maintenance, and safe operation of this open space, shall be borne by the property owner. The property owner shall record with the County Recorder a special restriction on the property satisfactory in substance to the Zoning Administrator and sufficient to give notice to subsequent owners, tenants and other persons having other economic interests in the property of the open space requirement and the means by which the requirement has been, and must continue to be, satisfied.

   (e)   Approval and Construction. The open space shall be reviewed and approved as part of the site or building permit application for the project giving rise to the open space requirement. No temporary or other certificate of occupancy shall be issued for any structure constructed under the permit until the open space is substantially complete.

   (f)   Informational Plaque. Prior to issuance of a permit of occupancy, a plaque shall be placed in a publicly conspicuous location outside the building at street level, or at the site of an outdoor open space, identifying the open space feature and its location, stating the right of the public to use the space and the hours of use, and stating the name and address of the owner or owner's agent responsible for maintenance.

(Added by Ord. 63-91, App. 2/27/91)