§ 17.30.050. CD Exceptions to General Development Standards

In order to achieve the objectives of the Central District Specific Plan, the following exceptions to the general development standards in Section 17.30.040 may be granted as noted.

A.

Setback exceptions. The setback requirements of Section 17.30.040 are modified as follows. See Figure 3-7 (Central District Setback Requirements) for identification of street frontages where setbacks from the street are required for nonresidential and/or residential uses.

1.

Street wall continuity. In general, side and rear yard setbacks/stepbacks should not be required under the following circumstances:

a.

Nonresidential and residential uses that front streets where an intense pedestrian-oriented character is strongly encouraged and street setbacks are not required. Side yard setbacks are discouraged where they will interrupt the visual continuity of the street wall;

b.

However, exceptions may be encouraged for the purpose of providing a well-designed pedestrian paseo and/or to protect the character of an architecturally significant building or landscape.

2.

Increased openness. Side and rear yard setbacks are recommended under the following circumstances:

a.

Nonresidential and residential uses that front along streets where a setback is required, thereby establishing a more open character. This is appropriate to areas where less intense pedestrian activity and/or a higher percentage of residential development is anticipated. A minimum 10-foot side and rear yard setback is recommended.

b.

Additional setbacks/stepbacks are encouraged where necessary to protect the character of an architecturally significant building or landscape.

B.

Height limit exceptions. The height limit established by Figure 3-8 (Central District Maximum Height) may be exceeded through the following height averaging standards. These exceptions are in addition to the exceptions provided by Section 17.40.060.D (Height limit exceptions).

1.

Purposes of height averaging. The purposes of height averaging are to provide for the following.

a.

Additional building height is counterbalanced by lower heights across or elsewhere on a development site to achieve an economically viable project that also protects view corridors and/or historically or architecturally significant building, structures, or landscapes; a visual transition in height and massing may be achieved through height averaging.

b.

Additional building height is counterbalanced by lower heights across or elsewhere on a development site to punctuate important intersections or other prominent locations; this will contribute to a more visually compelling skyline.

2.

Extent of height averaging allowed. The specific limitations of height averaging are depicted in Figure 3-8 (Central District Maximum Height).

a.

Additional building height is permitted over no more than 30 percent of the building footprint on a development parcel, provided that the average height over the entire footprint does not exceed the otherwise required maximum building height.

b.

Height averaging shall not be applied to parking and/or accessory structures.

c.

The additional height allowed by this Subsection B. through height averaging shall require Design Commission approval.

3.

Required findings. The approval of additional height through the height averaging provisions of Subsection B.2 shall require that the Design Commission first make all of the following findings.

a.

The additional height allows for preservation of vistas and view corridors, and/or a more sensitive transition to an adjacent historic structure, and/or provides for a more interesting skyline;

b.

The additional height will not be injurious to adjacent properties or uses, or detrimental to environmental quality, quality of life, or the health, safety, and welfare of the public;

c.

The additional height will promote a superior design solution that enhances the property and its surroundings, without detrimental impacts on views and sight lines; and

d.

The additional height is consistent with the objectives and policies of the Central District Specific Plan and the General Plan.

4.

Conditions of approval. The Design Commission may impose conditions of approval and/or additional mitigation measures for the approval of additional height, including:

a.

Additional requirements for site planning and architectural design, including massing and articulation; and

b.

Additional requirements for public amenities, including public outdoor space and pedestrian paths.

C.

Floor area ratio (FAR). Development on a single parcel may exceed the maximum FAR established by Figure 3-9 (Central District Maximum FAR) as follows. See also Subsection E. for FAR exceptions regarding parking structures.

1.

Extent of additional floor area allowed. The Commission may increase the assigned Maximum Parcel FAR by up to 10 percent, provided that the additional floor area is necessary to achieve an economically feasible development and meets the following circumstances. The intent is to allow sufficient flexibility and facilitate development where unique factors are involved; these may include:

a.

Unusual parcel size and configuration;

b.

A project that facilitates the preservation of a historic structure, or sets aside publicly accessible outdoor space; and/or

c.

A project eligible for a density bonus as provided by State law.

2.

Required findings. Approval of a floor area increase in compliance with this Subsection shall require that the Commission first make all of the following findings:

a.

The additional floor area allows development that would otherwise be economically infeasible;

b.

The additional floor area will not be injurious to adjacent properties or uses, or detrimental to environmental quality, quality of life, or the health, safety, and welfare of the public;

c.

The additional floor area will promote superior design solutions and allow for public amenities that enhance the property and its surroundings; and

d.

The additional floor area is consistent with the objectives and policies of the Central District Specific Plan and the General Plan.

3.

Conditions of approval. The Commission may impose conditions of approval and/or additional mitigation measures for the approval of additional floor area in compliance with this Subsection, including:

a.

Additional requirements for site planning and architectural design, including massing and articulation;

b.

Location of all or a portion of the parking in subterranean facilities;

c.

Additional requirements for public amenities, including public outdoor space and pedestrian paths;

d.

Additional provisions for affordable housing; and

e.

Additional traffic demand management (TDM) measures.

4.

Application requirements. An application for additional FAR shall be filed in compliance with Chapter 17.60 (Application Filling and Processing). The application shall be accompanied by the information identified in the Department handout for applications for additional FAR. The applicant shall be responsible for providing the evidence in support of the findings required by Paragraph 2. (Required findings) above.

5.

Project review, notice, and hearing.  

a.

Each application shall be analyzed by the Planning Director to ensure that the application is consistent with the purpose and intent of this Section. The Planning Director shall submit a staff report and recommendation to the Commission for consideration.

b.

The applicable review authority shall conduct a public hearing on an application for additional FAR before the approval or disapproval of the application.

c.

Notice of the public hearing shall be the same as a Conditional Use Permit, and the hearing shall be conducted in compliance with Chapter 17.76 (Public Hearings).

d.

The applicable review authority shall render a decision on the application within 10 days following the final public hearing on the application.

6.

Effective date. The effective date of a decision on a decision on additional FAR shall be in compliance with Section 17.64.020 (Effective Dates).

7.

Appeal. The Commission's decision maybe appealed in compliance with Chapter 17.72 (Appeals).

D.

Sidewalk width. Minimum sidewalk width requirements within the Central District are established by Figure 3-10 (Central District Sidewalk Width Requirements). In areas where the existing sidewalk does not meet the minimum width, development projects are required to be set back as necessary to adhere to the minimum sidewalk width standard. Deviations from the minimum sidewalk width may be considered along blocks where such deviation is required to maintain a consistent pattern of setbacks, in particular to establish continuity with historic structures and subject to approval of the Director of Public Works.

E.

Parking. To achieve correlation between the development caps identified in the Land Use Element of the General Plan and the FAR's assigned by this Chapter, floor area devoted to parking facilities shall not apply in the calculation of permissible building floor area provided that parking shall comply with the following requirements.

1.

Each parking structure shall comply with all applicable design guidelines of the Central District Specific Plan (see CDSP Section 9: Private Realm Design Guidelines ).

2.

Meet the requirements of 17.46.250 (Additional Requirements for Parking in the Central District).

Figure 3-10 - Central District Sidewalk Width Requirements

(Ord. 7160 §§ 12, 13, 2009; Ord. 7099 § 11, 2007; Ord. 7009 § 9 (part), 2005)