§ 17.12.070. Special floor area ratio (FAR) provisions.  


Latest version.
  • A.

    Plazas/Arcade Bonus. For properties located within the MUI and MUI-A district, a floor area development bonus is offered in return for the design and construction of pedestrian plazas and/or arcades that are accessible to the general public. Two categories of bonuses are offered to the property owner:

    1.

    Design Plan Plaza/Arcade Bonus. A property owner electing to construct a pedestrian plaza or arcade in strict accordance with the design standards established by an Urban Design Overlay district shall derive the following increase in building floor area based on each square foot of plaza or arcade area provided.

    District Bonus Floor Area (in sq. ft.)
    MUI and MUI-A Plaza: 6.0
    Arcade: 3.0

     

    2.

    Standard Plaza/Arcade Bonus. Properties not specifically designated by an urban design overlay district as qualifying for plaza and/or arcade bonuses under the provisions of subdivision (1) of this subsection, also may elect to provide a plaza and/or arcade in return for a floor area development bonus.

    a.

    For qualifying plazas and arcades, the provision of one square foot of plaza or arcade area shall yield the following increase in developable floor area:

    District Bonus Floor Area (in sq. ft.)
    MUI and MUI-A Plaza: 3.0
    Arcade: 3.0

     

    b.

    Design Criteria. To qualify for a standard plaza/arcade floor area bonus, the following design criteria shall be satisfied:

    i.

    Plazas.

    (A)

    The plaza shall provide a minimum depth of ten feet from the adjacent street and a minimum area of five hundred square feet.

    (B)

    The floor of the building located at plaza level shall provide individual establishments such as restaurants or retail sales that open directly to the plaza. Up to fifty percent of the plaza area may be utilized as a sidewalk cafe.

    (C)

    When feasible, pedestrian linkages shall be provided to plazas located on adjacent lots.

    ii.

    Arcades.

    (A)

    The arcade shall provide a minimum height of twenty-five feet and a minimum area of five hundred square feet.

    (B)

    The arcade shall be located within five feet of the average level of the street. The floor of the building located at arcade level shall provide individual establishments such as restaurants or retail sales that open directly to the arcade.

    B.

    Residential Bonus in Mixed Use, ORI and ORI-A and CF Districts.

    1.

    For property located either (a) in the MUI and MUI-A district, or (b) within the urban zoning overlay district in any mixed-use, ORI and ORI-A or CF district, in any building where at least twenty-five percent of the floor area (exclusive of parking) is designed and constructed for residential occupancy, the floor area designed and constructed for residential use shall not be counted in determining the floor area ratio of the building. This uncounted floor area benefit shall not be combined with any other bonus allowed under this section or Section 17.36.090.

    2.

    In any development that uses the uncounted floor area benefit in subsection (B)(1) of this section to construct ten or more residential units, the following number of residential units shall be restricted for use as affordable housing for a period of at least seven years:

    Affordable housing units = 25% × (total residential units - 10)

    This provision shall be enforced pursuant to the affordable housing provisions in Section 17.36.090(b)(3).

    C.

    Exemption in the MUI and MUI-A District. In the MUI and MUI-A district, leasable space that is located at street level with a minimum depth of twenty feet, which is occupied by uses that have individual access to the street such as, but not limited to, either a bar, restaurant or retail use, shall be excluded as floor area for the purpose of calculating floor area ratio. A minimum of fifty percent of each storefront shall be glazed window area. Also excluded as floor area:

    1.

    Below grade parking; and

    2.

    Above grade parking decks of flat plate type construction that provide no less than twelve feet floor to ceiling clearance and have architectural cladding.

    D.

    Parking Exemptions. In all districts the floor area used for the provision of off-street parking spaces or loading berths (and the driveways and maneuvering aisles for those spaces and berths) shall not be counted as floor area for the purpose of calculating floor area ratio when such spaces or berths are used to satisfy the parking demands for the principal use(s) on the parcel.

    E.

    Street Level Parking Decks in the MUG, ORI and MUI Districts. Regardless of whether other special floor area ratio (FAR) provisions in this section are utilized, parking decks located at street level shall have no less than seventy-five percent of the lineal street frontage devoted to office or nonparking commercial uses at a minimum depth of twenty feet. A minimum of fifty percent of that wall area shall be glazed. That floor area shall be excluded from the calculation of floor area ratio.

    F.

    Parking Garage Liner Buildings. Within the CF, ORI and ORI-A, and all mixed-use districts, parking garages fronting a public street or public space may be masked by a liner building that is a minimum of twenty feet deep. The floor area of any liner building shall be excluded from the calculation of the floor area ratio, provided the following requirements are satisfied:

    1.

    The first twenty feet of depth of the liner building shall be occupied by office, residential, or other non-parking commercial uses.

    2.

    For non-residential uses on the first floor, a minimum of forty percent of the front facade of the first floor shall be clear or lightly tinted windows and doors. The first floor transparent glazing area calculation shall be measured from the finished grade at the setback to the finished floor elevation of the second floor, or to a height of sixteen feet, whichever is less. Upper floors, regardless of use, shall have a minimum of twenty-five percent of glazing to be eligible for square footage calculation exemption.

    3.

    For residential uses on the first floor, a minimum of twenty percent of the front facade of the first floor shall be openings. Openings shall be clear or lightly tinted windows or main entrance doors. The first floor opening area calculation shall be measured from the finished floor elevation of the first floor to the finished floor elevation of the second floor, or to a height of twelve feet, whichever is less. Upper residential floors shall have a minimum of twenty-five percent glazing to be eligible for square footage calculation exemption. Residential uses on the first floor shall have a minimum finished floor elevation one and one half feet above the finished grade at the setback.

    The provisions of this subsection shall be enforced pursuant to the final site plan review procedures in Section 17.40.170.

(Ord. BL2015-1153 § 5, 2015; Ord. BL2012-183 § 5, 2012; Ord. BL2009-586 § 1(Exh. A, §§ 18—25), 2010; Ord. BL2007-36 § 1, 2007; Ord. BL2007-1531 § 2, 2007; Ord. BL2006-975 § 1, 2006; Ord. 2002-1015 § 1 (part), 2002; Ord. BL2000-364 § 1 (part), 2000; Amdt. 1 (part) with Ord. 99-1754 § 4, 1999; Ord. 96-555 § 3.6, 1997)