23.49.013

A. An applicant may achieve a portion of the chargeable floor area to be established in addition to base FAR through bonuses for amenities, subject to the limits in this Chapter 23.49 . Amenities for which bonuses may be allowed are limited to: 1. Public open space amenities, including hillside terraces on sites shown as eligible for bonuses on Map 1J, urban plazas in DOC1, DOC2 and DMC 340/290-440 zones, parcel parks in DOC1, DOC2, DMC, DMR, DH2, and IDM zones, public atria in DOC1, DOC2, DMC 340/290-440, and DMC 85/75-170 zones, green street improvements and green street setbacks on designated green streets; 2. Hillclimb assists or shopping corridors on sites shown as eligible for these respective bonuses on Map 1J; 3. Human services uses as follows: a. Information and referral for support services; b. Health clinics; c. Mental health counseling services; d. Substance abuse prevention and treatment services; e. Consumer credit counseling; f. Day care services for adults; and g. Jobs skills training services; 4. Public restrooms; and 5. Transit station access for fixed rail transit facilities. B. Standards for amenities 1. Location of amenities. Amenities provided by the applicant by performance shall be located on the lot using the bonus, except as follows: a. Green street improvements may be located within an abutting right-of-way subject to applicable Director's rules. b. An open space amenity, other than green street improvements, may be on a lot other than the lot using the bonus, provided that it is within a Downtown zone and all of the following conditions are satisfied: 1) The open space must be open to the general public without charge, must meet the eligibility conditions of the Downtown Amenity Standards, and must be one of the open space features cited in subsection 23.49.013.A.1. 2) The open space must be within 1/4 mile of the lot using the bonus, except as may be permitted pursuant to subsection 23.49.013.B.1.b.4. 3) The open space must have a minimum contiguous area of 5,000 square feet, except as may be permitted pursuant to subsection 23.49.013.B.1.b.4. 4) Departures from standards for the minimum size of off-site open space and maximum distance from the project may be allowed by the Director as a Type I decision if the Director determines that if such departures are approved, the proposed open space will meet the additional need for open space caused by the project, and improve public access to the open space compared to provision of the open space on-site. 5) The owner of any lot on which off-site open space is provided to meet the requirements of this Section 23.49.013 shall execute and record an easement or other instrument in a form acceptable to the Director assuring compliance with the requirements of this Section 23.49.013 , including applicable conditions of the Downtown Amenity Standards. c. Public restrooms shall be on a ground floor; shall satisfy all codes and accessibility standards; shall be open to the general public during hours that the structure is open to the public, although access may be monitored by a person located at the restroom facility; shall be maintained by the owner of the structure for the life of the structure that includes the bonused space; and shall be designated by signs sufficient so that they are readily located by pedestrians on an abutting street or public open space. The Director is authorized to establish standards for the design, construction, operation, and maintenance of public restrooms qualifying for a bonus, consistent with the intent of this subsection 23.49.013.B.1.c to encourage the provision of accessible, clean, safe, and environmentally sound facilities. 2. Options for provision of amenities. Amenities must be provided by performance except as expressly permitted in this Section 23.49.013 . The Director may accept a cash payment for green street improvements and a related voluntary agreement from the applicant, subject to this Section 23.49.013 , the Downtown Amenity Standards, and Director's Rule 11-2007 or its successor, if the Director determines that improvement of a green street abutting or in the vicinity of the lot within a reasonable time is feasible. The cash payment must be in an amount sufficient to improve fully 1 square foot of green street space for each 5 square feet of bonus floor area allowed for such payment. The cash payment shall be maintained in a restricted account and shall be used to improve a green street abutting or in the vicinity of the lot. 3. Ratios and limits. Amenities may be used to gain floor area according to the applicable ratios, and subject to the limits in Section 23.49.011 and in Table A for 23.49.013. Table A for 23.49.013 Downtown amenities Amenity Zone location of lots eligible to use bonus Bonus ratio Maximum (in square feet) of floor area eligible for a bonus or maximum floor area gain DOC1 DOC2 DMC 340/290-440 DH2, DMC 145, DMC 170, DMC 85/75-170, and DMC 240/290-440 DRC DMR IDM Hillside Terrace Only eligible for bonus at locations specified on Map 1J of Chapter 23.49 5:1 6,000 Urban Plaza X X X 5:1 15,000 Commercial Parcel Park X X X X X 5:1 7,000 Residential Parcel Park X X X X 5:1 12,000 Green Street Parcel Park Eligible for bonus only on lots abutting a designated green street 5:1 7,000 Public Atrium X X X 5:1 5,500 Green Street Improvement Eligible for bonus only on lots abutting a designated green street 5:1 No limit Green Street Setback Eligible for bonus only on lots abutting a designated green street that are not subject to property line street wall requirement 1:1 10 times the length of lot's green street frontage Hillclimb Assist Only eligible for bonus at locations specified on Map 1J of Chapter 23.49 Not applicable Maximum gain of 0.5 FAR Shopping Corridor Only eligible for bonus at locations specified on Map 1J of Chapter 23.49 5:1 7,200 Transit Station Access X X X X X X Not Applicable Maximum gain of 1.0 FAR Public Restroom X X X X X X 7:1 No limit Human Services X X X X X X 7:1 10,000 "X" indicates that bonus is potentially available. 4. Downtown Amenity Standards a. The Director shall approve a feature for a bonus if the Director determines that the feature satisfies the eligibility conditions of the Downtown Amenity Standards, and that the feature carries out the intent of this Section 23.49.013 and the guidelines in the Downtown Amenity Standards. b. The Director may allow departures from the eligibility conditions in the Downtown Amenity Standards as a Type I decision, if the applicant can demonstrate that the amenity better achieves the intent of the amenity as described in this Chapter 23.49 and the Downtown Amenity Standards, and that the departure is consistent with any applicable criteria for allowing the particular type of departure in the Downtown Amenity Standards. c. The Director may allow departures from the eligibility conditions in the Downtown Amenity Standards as a Type I decision, to allow floor area in a Landmark structure satisfying the standards of subsection 23.49.011.A.2.j or in a small structure satisfying the standards of subsection 23.49.011.A.2.k to qualify as floor area eligible for a bonus if adapted to serve as a hillclimb assist, museum, shopping corridor, or public atrium amenity. d. The Director may condition the approval of a feature for a bonus as provided in the Downtown Amenity Standards. 5. Open space amenities. Open space amenities must be newly constructed on a lot in a Downtown zone in compliance with the applicable provisions of this Chapter 23.49 and the Downtown Amenity Standards. 6. Declaration. If amenities are to be provided on-site for purposes of obtaining bonus floor area, the owner shall execute and record a declaration in a form acceptable to the Director identifying the features and the fact that the right to develop and occupy a portion of the gross floor area on the site is based upon the long-term provision and maintenance of those amenities. 7. Duration; alteration. All bonused amenities shall be provided and maintained in accordance with the applicable provisions of this Section 23.49.013 and the Downtown Amenity Standards for as long as the portion of the chargeable floor area gained by the amenities exists. A permit is required to alter or remove any bonused amenity. (Ord. 125371 , § 7, 2017; Ord. 125291 , § 18, 2017; Ord. 124843 , § 40, 2015; Ord. 124591, § 2, 2014; Ord. 124378 , § 45, 2013; Ord. 124072, § 2, 2012; Ord. 123589, § 11, 2011; Ord. 123046, § 65, 2009; Ord. 122524 , § 2, 2007; Ord. 122054 § 15, 2006; Ord. 120443 , § 9, 2001.)