23.49.016

A. Finding. The City Council finds that: 1. Office workers are the principal users of Downtown open space. 2. Additional major office projects Downtown will result in increased use of public open space. 3. If additional major office projects Downtown do not provide open space to offset the additional demands on public open space caused by such projects, the result will be overcrowding of public open space, adversely affecting the public health, safety and welfare. 4. The additional open space needed to accommodate office workers is at least twenty (20) square feet for each one thousand (1,000) square feet of office space. 5. Smaller office developments may encounter design problems in incorporating open space, and the sizes of open spaces provided for office projects under eighty-five thousand (85,000) square feet may make them less attractive and less likely to be used. Therefore, and in order not to discourage small scale office development, projects involving less than eighty-five thousand (85,000) square feet of new office space should be exempt from any open space requirement. 6. As indicated in the October 1994 report of the Department of Construction and land use, with the exception of certain projects, most major recent Downtown office projects have provided significant amounts of on-site open space. Therefore, requiring open space for future major projects will tend to ensure that existing projects do not bear the burdens caused by new development and will result in an average reciprocity of advantage. B. Quantity of Open Space. Open space in the amount of twenty (20) square feet for each one thousand (1,000) square feet of gross office floor area shall be required of projects that include eighty-five thousand (85,000) or more square feet of gross office floor area in DOC1, DOC2, DMC, DMR/C and DH2 zones, except that the floor area of a museum expansion space, satisfying the provisions of Section 23.49.011 B1h, shall be excluded from the calculation of gross office floor area. C. Standards for Open Space. To satisfy this requirement, open space may be provided on-site or off-site, as follows: 1. Private Open Space. Private open space on the project site or on an adjacent lot directly accessible from the project site may satisfy the requirement of this section. Such space shall not be eligible for bonuses. Private open space shall be open to the sky and shall be consistent with the general conditions related to landscaping; seating and furnishings contained in the Downtown Amenity Standards. Private open space satisfying this requirement must be accessible to all tenants of the building and their employees. 2. On-site Public Open Space. a. Open space provided on the project site under this requirement shall be eligible for amenity feature bonuses, as allowed for each zone, provided the open space is open to the public without charge and meets the standards of Section 23.49.013 and the Downtown Amenity Standards for one (1) or more of the following: • Parcel park; • Green street setback and green street improvement on an abutting right-of-way; • Hillside terrace; • Harborfront open space; or • Urban plaza. b. On-site open space satisfying the requirement of subsection C2a of this section may achieve a bonus as an amenity feature not to exceed any limits pursuant to Section 23.49.013 , subject to the conditions in this chapter, which bonus shall be counted against, and not increase, the total FAR bonus available from the provision of amenity features. 3. Off-site Public Open Space. a. Open space satisfying the requirement of this section may be on a site other than the project site, provided that it is within a Downtown zone, within one-quarter (¼) mile of the project site, open to the public without charge, and at least five thousand (5,000) square feet in contiguous area. The minimum size of off-site open space and maximum distance from the project may be increased or decreased for a project if the Director determines that such adjustments are reasonably necessary to provide for open space that will meet the additional need for open space caused by the project and enhance public access. b. Public open space provided on a site other than the project site may qualify for a development bonus for the project if the open space meets the standards of Section 23.49.013 and is one of the open space features citied in subsection C2a of this section. Bonus ratios for off-site open space are prescribed in Section 23.49.013 . This bonus is counted against, and may not increase, the total amount of bonus development allowed under Section 23.49.011 and Section 23.49.013 . 4. Easement for Off-site Open Space. The owner of any lot on which off-site open space is provided to meet the requirements of this section shall execute and record an easement in a form acceptable to the Director assuring compliance with the requirements of this section, including applicable conditions of the Downtown Amenity Standards. The Director is authorized to accept such an easement, provided that the terms do not impose any costs or obligations on the City. D. Payment in Lieu. In lieu of providing open space under this requirement, an owner may make a payment to the City if the Director determines that the payment will contribute to the improvement of a designated green street or to other public open space improvements abutting the lot or in the vicinity, in an amount sufficient to develop improvements that will meet the additional need for open space caused by the project, and that the improvement within a reasonable time is feasible. Any such payment shall be placed in a dedicated fund or account and used within five (5) years of receipt for the development of such improvements, unless the property owner and the City agree upon another use involving the acquisition or development of public open space that will mitigate the impact of the project. A bonus may be allowed for a payment in lieu of providing improvement made wholly or in part to satisfy the requirements of this section, pursuant to Section 23.49.013 . E. Limitations. Open space satisfying the requirement of this section for any project shall not be used to satisfy the open space requirement for any other project, nor shall any bonus be granted to any project for open space meeting the requirement of this section for any other project. When a transmitting antenna is sited or proposed to be sited on a rooftop where required open space is located, see Section 23.57.013 . Open space on the site of any building for which a Master Use Permit decision was issued or a complete building permit application was filed prior to the effective date ordinance 117430 , that is not required under the Land Use Code in effect when such permit decision was issued or such application filed but that would have been required for the same building by this section, shall not be used to satisfy the open space requirement or to gain an FAR bonus for any other project. F. Authority. This section is adopted pursuant to the Growth Management Act, the City's Comprehensive Plan and the City's inherent police power authority. The City Council finds that the requirements of this section are necessary to protect and promote the public health, safety and welfare. (Ord. 122054 § 20, 2006; Ord. 121477 § 14, 2004; Ord. 120967 § 2, 2003; Ord. 120928 § 19, 2002; Ord. 120443 , § 4, 2001; Ord. 117430 , § 60, 1994.)