23.75.150

A. Amount required. The required amount of amenity area is equal to 5 percent of the total residential gross floor area. B. General requirements. 1. All dwelling units shall have access to a common amenity area or private amenity area. 2. No more than 50 percent of the required amenity area may be enclosed within a structure. Enclosed area within a structure that is not common amenity area does not count as required amenity area. 3. Required amenity area that is not enclosed shall be open to the sky, except for any overhead weather protection or balconies, and except that structural projections that do not provide floor area, such as garden windows, may extend up to 2 feet into a required amenity area if they are at least 8 feet above the surface of the amenity area. 4. Areas open to the public by easement do not qualify as required amenity areas. Portions of a pedestrian pathway that are not subject to a public easement may qualify as required amenity area. 5. Parking areas, access drives, and driveways do not qualify as required amenity areas, except that portions of an access drive other than driving surfaces, parking surfaces, or areas dedicated to public use by easement may provide a maximum of 50 percent of the required amenity area. 6. Pursuant to subsection 23.57.011.C.1, rooftop areas adjacent to minor communication utilities or accessory communication devices do not qualify as required amenity areas. C. To count as required amenity area in Blocks 6 and 7, unenclosed amenity areas must be separated from Interstate 5 by an intervening structure a minimum of 10 feet in height, other than a fence or rail. D. Common amenity area requirements. This subsection 23.75.150.D applies to common amenity area counted as required amenity area. 1. Common amenity areas are allowed to be shared among dwelling units in multiple structures on a lot or among lots within the same block, or both. Where a common amenity area is shared among lots: a. All residents of all lots among which the amenity area is shared shall have access to the common amenity area, and the total common and private amenity area shall meet or exceed the amenity area requirements for all residential uses on all those lots combined. b. A certificate of occupancy shall not be issued for a residential structure for which a permit has been issued based on shared amenity area until all dwelling units in that structure have access to amenity area sufficient to meet the requirements of this Section 23.75.150 . 2. Each common amenity area is required to be at least 250 square feet in area and is required to have a minimum horizontal dimension of 10 feet. For an unenclosed common amenity area, the minimum area and dimension shall be reduced by 30 percent if the applicant demonstrates that the unenclosed common amenity area is an extension of an enclosed common amenity area. 3. Common amenity area is required to include elements that enhance the usability and livability of the space for residents, such as seating, outdoor lighting, weather protection, or art. E. Private amenity area. 1. To count toward the required amount of amenity area in subsection 23.75.150.A, any single private amenity area must have an area no less than 30 square feet, and is required to have a minimum horizontal dimension of 5 feet. 2. Gardening in pots and planters shall be allowed in private amenity areas that are counted toward the minimum required amenity area, and no lease provision, covenant, agreement, or rule that prohibits or penalizes such gardening in any such area shall be made or enforced. (Ord. 123963, § 26, 2012.)