23.40.060

A. Applications 1. Enrollment period. The enrollment period for the Living Building Pilot Program expires on the earlier of December 31, 2030, or when applications meeting the requirements of subsection 23.40.060.A.2 have been submitted for 20 Living Building Pilot projects from September 6, 2016. 2. Application requirements. In order to qualify for the Living Building Pilot Program, an applicant shall submit a complete Master Use Permit application pursuant to Section 23.76.010 and shall demonstrate how the project will meet the provisions of subsection 23.40.060.B on plans and documents. The applicant shall include a description of how the project serves as a model for testing code improvements to stimulate and encourage Living Buildings in the city. B. Minimum standards. A project shall qualify for the Living Building Pilot Program if it is located outside of the shoreline jurisdiction, is reviewed in accordance with the full design review process provided in Section 23.41.014 , and meets full Living Building Certification by achieving either all of the imperatives of the International Living Future Institute's (ILFI) Living Building Challenge SM 3.1 or 4.0 certification or all of the following: 1. The project meets ILFI Living Building Challenge SM Petal certification; 2. The project shall comply with the requirements of the Target Performance Path in Section C401.3 of the Seattle Energy Code and decrease the building performance factor by at least 25 percent below that defined in the Target Performance Path Section C401.3.1.1; 3. None of the space heating and water heating in the project shall be provided using on-site combustion of fossil fuel; and 4. The project uses only nonpotable water to meet the demand for toilet and urinal flushing, irrigation, hose bib, cooling tower (make up water only), and water features, except to the extent other applicable local, state, or federal law requires the use of potable water. C. Additional floor area or structure height beyond otherwise applicable maximum 1. A project qualifying for the Living Building Pilot Program may contain: a. Twenty-five percent more gross floor area than the otherwise applicable maximum floor area ratio under the provisions of the zone; or b. In the case of projects not regulated by floor area ratio, including residential development in Downtown or certain Seattle Mixed zones, 25 percent more floor area than the maximum floor area otherwise resulting from the application of development standards. The Director may promulgate rules to define the measurement of floor area according to this subsection 23.40.060.C.1.b. 2. Projects qualifying for the Living Building Pilot Program that include the renovation of an unreinforced masonry structure by seismic strengthening, in compliance with Appendix Chapter A1 of the Seattle Existing Building Code, may gain: a. Thirty percent more gross floor area than the otherwise applicable maximum floor area ratio under the provisions of the zone; or b. In the case of projects not regulated by floor area ratio, including residential development in Downtown or certain Seattle Mixed zones, 30 percent more floor area than the maximum floor area otherwise resulting from the application of development standards. The Director may promulgate rules to define the measurement of floor area according to this subsection 23.40.060.C.2.b. 3. A project qualifying for the Living Building Pilot Program may employ additional structure height, above the otherwise applicable maximum height as shown in Table A for 23.40.060. Table A for 23.40.060 Additional Height Height Limit of the Zone Additional height above the otherwise applicable maximum height limit for residential use Additional height above the otherwise applicable maximum height limit for non-residential use Zones with height limits of 85 feet or less 12.5 feet 15 feet Zones with height limits greater than 85 feet 25 feet 30 feet 4. A rooftop feature of a project qualifying for the Living Building Pilot Program may extend above the additional structure height provided in subsection 23.40.060.C.3 if the extension is consistent with the applicable standards established for that rooftop feature within the zone. 5. Additional floor area or structure height available pursuant to subsections 23.40.060.C.1 through 23.40.060.C.3 shall be in addition to any bonus, extra, or otherwise additional floor area or structure height available according to any other provision of this Title 23 , which shall be obtained in compliance with the applicable provisions of this Title 23 . Additional floor area or structure height, including additional stories, approved pursuant to subsections 23.40.060.C.1 through 23.40.060.C.3 shall be disregarded in the application of the limit on the number of stories in a structure in a Lowrise zone that achieves extra height pursuant to subsection 23.45.514.F. 6. Additional floor area or structure height included in a project pursuant to subsections 23.40.060.C.1 through 23.40.060.C.3 shall be excluded for purposes of calculating performance or payment amounts pursuant to subsections 23.58B.040.A.1, 23.58B.050.A.1, 23.58C.040.A.1, and 23.58C.050.A.1, and shall also be exempt from satisfying any non-housing-related requirements for obtaining bonus, extra, or otherwise additional floor area or structure height according to Chapter 23.49 or Chapter 23.58A . 7. For a development containing residential and non-residential uses, the additional gross floor area or structure height included in a project pursuant to subsections 23.40.060.C.1 through 23.40.060.C.3 is that which corresponds to the use that occupies the most gross floor area in the development. 8. As an allowance for mechanical equipment fully contained within a structure related to participation in the pilot: a. One-half percent shall be deducted in computing gross floor area subject to floor area limits in addition to any allowance for mechanical equipment included in the applicable zone; and b. Four percent shall be deducted for all mechanical equipment in computing gross floor area subject to floor area limits in zones that do not include an allowance for mechanical equipment; and c. Calculation of the allowance excludes gross floor area exempt for floor area limits pursuant to the applicable zone(s). D. Reserved. E. For a project qualifying for the Living Building Pilot Program, the provisions of the remainder of this Title 23 apply unless specifically modified by the provisions of this Section 23.40.060 . In the event of a conflict, the provisions of this Section 23.40.060 prevail. F. Compliance with minimum standards 1. The approved project plans and any other documents, together with any subsequent changes or amendments to those project plans and documents, shall demonstrate to the satisfaction of the Director that the completed building as designed will meet all of the minimum standards in subsection 23.40.060.B. 2. The project shall be constructed and completed in accordance with the approved project plans and documents. 3. No later than two years after issuance of a final Certificate of Occupancy for the project, or such later date as may be allowed by the Director for good cause or a phased project, the owner shall submit to the Director a report demonstrating how the project complies with the standards contained in subsection 23.40.060.B. Compliance must be demonstrated through an independent report from a third party. The report must be produced by ILFI or another independent entity approved by the Director. 4. If the Director determines that the report submitted provides satisfactory evidence that the project has complied with the standards contained in subsection 23.40.060.B, the Director shall send the owner a written statement that the project has complied with the standards of the Living Building Pilot Program. If the Director determines that the project does not comply with the standards in subsection 23.40.060.B, the Director shall notify the owner of the aspects in which the project does not comply. Nothing in the written statement or participation in the Living Building Pilot Program shall constitute or imply certification of the project by ILFI as a Living Building under the Living Building Challenge SM . Components of the project that are included in order to comply with the minimum standards of the Living Building Pilot Program shall remain for the life of the project. 5. Within 90 days after the Director notifies the owner of the aspects in which the project does not comply, or such longer period as the Director may allow for good cause, the owner may submit a supplemental report demonstrating that the project complies with the standards in subsection 23.40.060.B. 6. If the owner fails to timely submit the report required by subsection 23.40.060.F.1 or to demonstrate compliance with the standards contained in subsection 23.40.060.B, or if the owner fails to submit a supplemental report within the time allowed pursuant to subsection 23.40.060.F.3, the Director shall determine that the project has failed to demonstrate compliance with the standards contained in subsection 23.40.060.B, and the owner shall be subject to the penalty in subsection 23.40.060.G. G. Penalties for the Living Building Pilot Program 1. Failure to submit the report required by subsection 23.40.060.F.1 by the date required is subject to a penalty of $500 per day from the date the report was due to the date it is received by the Department. 2. Failure to demonstrate compliance with the provisions contained in subsection 23.40.060.B is subject to a maximum penalty of five percent of the construction value set forth in the building permit for the structure based on the extent of noncompliance with the standards contained in subsection 23.40.060.B. A minimum penalty of one and one-half percent will be applied if any of the provisions contained in subsection 23.40.060.B are not achieved in their entirety. Additional penalties for minimum energy and water criteria, at one and one-half percent and one percent respectively, will be based on the extent of noncompliance compared to the baselines provided in this Section 23.40.060 and calculated according to the methodology in subsections 23.40.060.G.2.a and 23.40.060.G.2.b for each component. An additional penalty of one percent will be applied for not achieving Petal Certification. Penalties shall be calculated according to Tables B and C for 23.40.060 and this subsection 23.40.060.G: a. Energy: Percentage of noncompliance = 100 × [[(Pilot Program Target) − (Metered Energy Use Intensity)] / [(SEC target) − (Pilot Program Target)]]; where "SEC target" means Energy Use Intensity (EUI) targets in the Target Performance Path of Seattle Energy Code Section C401.3, and "Pilot Program target" means the SEC target x 0.75. b. Water: Percentage of noncompliance = 100 × [1 − [(total gallons/year of non-potable water used) / (total gallons/year of water needed for non-potable uses)]] Table B for 23.40.060 Percentage of Noncompliance for Energy Penalty (percentage of construction value) Greater than zero up to 10 0.15 Greater than 10 up to 20 0.30 Greater than 20 up to 30 0.45 Greater than 30 up to 40 0.60 Greater than 40 up to 50 0.75 Greater than 50 up to 60 0.90 Greater than 60 up to 70 1.05 Greater than 70 up to 80 1.20 Greater than 80 up to 90 1.35 Greater than 90 1.50 Table C for 23.40.060 Percentage of Noncompliance for Water Penalty (percentage of construction value) Greater than zero up to 10 0.1 Greater than 10 up to 20 0.2 Greater than 20 up to 30 0.3 Greater than 30 up to 40 0.4 Greater than 40 up to 50 0.5 Greater than 50 up to 60 0.6 Greater than 60 up to 70 0.7 Greater than 70 up to 80 0.8 Greater than 80 up to 90 0.9 Greater than 90 1.0 3. A project shall be established in the SDCI Construction and Inspections Fund to receive revenue from penalties under this subsection 23.40.060.G. Revenue from penalties under this subsection 23.40.060.G shall be restricted to use only for programs that aim to improve energy efficiency, water efficiency, and reduce greenhouse gas emissions of Seattle buildings. The SDCI Director shall recommend allocations of these penalty revenues to the Mayor and City Council. (Ord. 126685 , § 3, 2022; Ord. 126157 , § 8, 2020; Ord. 125612 , § 1, 2018; Ord. 125163 , § 1, 2016; Ord. 125053 , § 1, 2016; Ord. 124843 , § 8, 2015; Ord. 124535, § 1, 2014; Ord. 123942, § 1, 2012; Ord. 123206, § 3, 2009.)