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(2.1)   Eligibility for Height Bonuses.  776
In order to be eligible for any height bonuses pursuant to this section,
(a)   The property must be located in the /ECO overlay district and be subject to the height restrictions of § 14-519(4)(b);
(b)   The property must be located in the /CDO overlay district and be subject to the height restrictions of § 14-507(6)(b); 777
(c)   The property must be located in the /RAN overlay district and be subject to the height restrictions of § 14-541(3)(a); or
(d)   The development must: 778
(.1)   Result in the construction of at least three residential dwelling units;
(.2)   Meet the conditions of § 14-702(7) by including affordable units on-site in a quantity that satisfies § 14-702(7)(b)(.1); and
(.3)   The property must be located:
(.a)   In an RM-1 or CMX-2 zoning district; or
(.b)   In a CMX-1 zoning district and be subject to a base height limit of 38 ft. or less.

 

Notes

776
   Added, Bill No. 130274 (approved June 25, 2013); amended, Bill No. 150505 (approved December 1, 2015). Internal reference to § 14-518(4)(b) renumbered by Code editor. Amended, Bill No. 170678-AAA (approved October 17, 2018); amended, Bill No. 210075 (approved March 29, 2021); amended, Bill No. 240421 (approved September 4, 2024).
777
   Amended, Bill No. 210474-AA (approved October 6, 2021).
778
   Amended, Bill No. 210474-AA (approved October 6, 2021).
(2.2)   Eligibility for Dwelling Unit Density Bonuses.  779
In order to be eligible for any dwelling unit density bonuses pursuant to this section, the property must be in an RM-1, CMX-1, CMX-2, or CMX-2.5 zoning district.

 

Notes

779
   Added, Bill No. 170678-AAA (approved October 17, 2018); amended, Bill No. 210075 (approved March 29, 2021).
(3)   Floor Area Bonus Options Summary Table.
The following table summarizes the floor area bonus options in this section. In the event of conflict between the provisions of Table 14-702-1 and the text of this Zoning Code, the text shall govern.
Table 14-702-1: Floor Area Bonus Summary 780
{For printable PDF version, click HERE}
Bonus Category
Additional Gross Floor Area, as Percent of Lot Area
(see § 14-701(2) (Residential District Dimensional Tables) and § 14-701(3) (Commercial Districts Dimensional Table)
for the maximum allowed base floor area ratios for each district.)
RM-2
RM-3,
RMX-1
RM-4
RMX-2
IRMX
RMX-3
CMX-3 as provided in § 14-702(2)(c) (except in /TOD)
CMX-3 (within /TOD only)
CMX-4
CMX-5
Public Art
14-702(5))
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
50%
100%
Public Space
14-702(6))
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Up to 50%
Up to 200%
Up to 400%
Mixed Income Housing
14-702(7))
Moderate Income
25%
50%
100%
75%
150%
150%
150%
200%
150%
300%
Low Income
50%
75%
175%
125%
250%
250%
250%
300%
250%
400%
Transit Improvements
14-702(8))
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Up to 100%
Up to 200%
Up to 400%
Underground Accessory Parking and Loading
14-702(9))
N/A
N/A
N/A
N/A
N/A
100%
N/A
50%
200%
200%
Green Building
14-702(10))
N/A
N/A
N/A
N/A
N/A
N/A
Up to 100%
Up to 100%
Up to 200%
Up to 400%
 

 

Notes

780
   Amended, Bill No. 120774-A (approved January 14, 2013); amended, Bill No. 140519-AAA (approved October 27, 2015); amended, Bill No. 170162 (approved July 11, 2017); amended, Bill No. 170498 (approved August 1, 2017); amended, Bill No. 170678-AAA (approved October 17, 2018).
(3.1)   Building Height Bonus Options Summary Table.  781
The following table summarizes the building height bonus options in this section. In the event of conflict between the provisions of Table 14-702-2 and the text of this Zoning Code, the text shall govern.
Table 14-702-2: Building Height Bonus Summary 782
{For printable PDF version, click HERE}
Bonus Category
Additional Building Height
/CDO
/ECO
RM-1, CMX-1,
CMX-2, CMX-2.5
Bonus Category
Additional Building Height
/CDO
/ECO
RM-1, CMX-1,
CMX-2, CMX-2.5
Public Art (§ 14-702(5))
Up to 12 ft.
Up to 12 ft.
N/A
Public Space (§ 14-702(6))
Up to 48 ft.
Up to 24 ft.
N/A
Mixed Income Housing
14-702(7))
Moderate Income
Up to 48 ft.
Up to 48 ft.
7 ft.
Low Income
Up to 60 ft.
Up to 60 ft.
7 ft.
Transit Improvements (§ 14-702(8))
Up to 72 ft.
N/A
N/A
Green Building (§ 14-702(10))
Up to 36 ft.
Up to 36 ft.
N/A
Trail (§ 14-702(11))
Up to 72 ft.
N/A
N/A
Street Extension (§ 14-702(12))
Up to 72 ft.
N/A
N/A
Retail Space (§ 14-702(13))
Up to 36 ft.
Up to 48 ft.
N/A
Stormwater Management (§ 14-702(14))
Up to 36 ft.
Up to 72 ft.
N/A
Through-Block Connection (§ 14-702(15))
N/A
Up to 48 ft.
N/A
 

 

Notes

781
   Added, Bill No. 130274 (approved June 25, 2013).
782
   Amended, Bill No. 150505 (approved December 1, 2015); amended, Bill No. 160526 (approved June 28, 2016); amended, Bill No. 170498 (approved August 1, 2017); amended, Bill No. 170678-AAA (approved October 17, 2018); amended, Bill No. 190811-A (approved December 30, 2019).
(4)   Maximum Floor Area and Height Bonus Amounts.  783
(a)   If the property is located in the RMX-3 district, the bonuses in this § 14-702 may be used in combination to earn additional floor area ratio up to one hundred percent (100%) of the lot area.
(b)   If the property is located in the CMX-3 district, the bonuses in this § 14-702 may be used in combination to earn additional floor area ratio up to two hundred fifty percent (250%) of the lot area. 784
(c)   If the property is located in the CMX-4 district, the bonuses in this § 14-702 may be used in combination to earn additional floor area ratio up to seven hundred percent (700%) of the lot area.
(d)   If the property is located in the CMX-5 district the bonuses in this § 14-702 may be used in combination to earn additional floor area ratio up to eight hundred percent (800%) of the lot area.
(e)   If the property is located in the CMX-5 district, and is included in the Center City/University City Floor Area Ratio area (see § 14-701(3) (Commercial Districts Dimensional Table), the bonuses in this § 14-702 may be used in combination to earn additional floor area ratio up to one thousand two hundred percent (1,200%) of the lot area. 785
(f)   All bonus floor area earned pursuant to this section must be used so that the property (a) complies with all dimensional standards applicable to the property (other than maximum gross floor area or floor area ratio) in § 14-701 (Dimensional Standards), including without limitation the maximum height for the property established in that section, and (b) complies with all other provisions of this Zoning Code, unless a specific exception to one or more of those requirements is listed in this Zoning Code.
(g)   All bonus height earned pursuant to this section must be used so that the property (a) complies with all dimensional standards applicable to the property (other than maximum height) in § 14-701 (Dimensional Standards), including without limitation the maximum gross floor area or floor area ratio for the property established in that section, and (b) complies with all other provisions of this Zoning Code, unless a specific exception to one or more of those requirements is listed in this Zoning Code. 786
(h)   The height bonuses in this § 14-702 may be used in combination to earn up to: 787
(.1)   156 ft. of building height in the /CDO overlay; 788
(.2)   84 ft. of building height in the area of the /ECO overlay bounded by 2nd Street, Spring Garden Street, 9th Street, Callowhill Street, 7th Street, Willow Street, American Street, and Noble Street; and 789
(.3)   240 ft. of building height in the area of the /ECO overlay bounded by 2nd Street, Noble Street, American Street, Willow Street, 7th Street, and Callowhill Street. 790
(i)   Notwithstanding the foregoing, any bonuses earned through § 14-702(7) (Mixed Income Housing) shall not apply toward, and may exceed, these maximum floor area and height bonus amounts. 791

 

Notes

783
   Amended, Bill No. 130274 (approved June 25, 2013).
784
   Amended, Bill No. 120774-A (approved January 14, 2013).
785
   Amended, Bill No. 140009 (approved March 31, 2014).
786
   Added, Bill No. 130274 (approved June 25, 2013); amended, Bill No. 150505 (approved December 1, 2015).
787
   Added, Bill No. 150505 (approved December 1, 2015).
788
   Amended, Bill No. 190811-A (approved December 30, 2019).
789
   Amended, Bill No. 160920 (approved December 20, 2016).
790
   Amended, Bill No. 160920 (approved December 20, 2016).
791
   Added, Bill No. 170678-AAA (approved October 17, 2018).
(5)   Public Art.
The bonus for public art is a mechanism to expand and enrich the public's experience and enjoyment of buildings and public space and to create buildings and public space that is designed and executed with diverse and high quality materials, activities, and furnishings. In order to comply with this subsection, all of the following conditions must be met:
(a)   Qualifying Criteria.
(.1)   Qualifying Items.
The items or programs provided to earn this bonus must meet the definition of "On-site Public Art" or "On-site Cultural Programming" in Chapter 14-200 (Definitions). It is not the intention of these requirements to allow decorative, ornamental, or functional elements of the building or public space that are not designed by an artist and created specifically for the site, nor to have landscaped areas or other furnishings or elements required by this Zoning Code, to qualify as part of the public art requirement.
(.2)   Commercial Activity Does Not Qualify.
Items, functions, and events for which an admission, viewing, or participation fee is charged, such as theatrical productions, movies, commercial art galleries, exhibits of items for sale; or that are primarily designed to advertise or promote a commercial good or service, do not satisfy the requirements of this § 14-702(5) (Public Art).
(.3)   Location.
Public art shall be located upon the building or within public spaces created to meet the requirements of § 14-702(6) (Public Space), § 14-702(8) (Transit Improvements), or § 14-702(9) (Underground Accessory Parking and Loading). Public art may be provided within the public sidewalk if authorization from the City is obtained and if the public art does not impair pedestrian movement within the sidewalk.
(.4)   Cost.
The applicant shall provide public art at an amount equal to at least one percent (1%) of hard construction costs.
(.5)   Agreement and Financial Security.
In order to expedite the development review and approval process, an applicant for a floor area bonus pursuant to this § 14-702(5) may sign an agreement with the Art Commission committing to provide, install, and endow public art as required by this § 14-702(5) and posting financial security at least equal to the cost of the required public art pursuant to § 14-702(5)(a)(.4) (Cost) above. After signing an agreement in a form acceptable to the City and posting financial security in a form acceptable to the City, the applicant shall be deemed to have satisfied the requirements of this § 14-702(5) (Public Art) subject to all other requirements of this § 14-702 (Floor Area Bonuses).
(.6)   Establishment of Endowments.
The method of establishment of an endowment of a trust or other legally binding mechanism to permanently fund cultural programming to meet the requirements of this section shall be approved by the Art Commission.
(b)   Approval Criteria.
(.1)   In order to meet the requirements of this section, the applicant must have the proposed artist(s), and all public art and/or proposal for cultural programming approved either by the Art Commission, pursuant to its standard review and approval procedures, or through an Art Selection Committee established pursuant to § 14-702(5)(c) (Art Selection Committee).
(.2)   The Art Selection Committee or the Art Commission, depending on the manner of review and approval chosen by the applicant, shall have the final approval of the artist and all public art submitted to meet the requirements of this § 14-702(5)(b) (Approval Criteria).
(.3)   The Art Selection Committee or the Art Commission, depending on the manner of review and approval chosen by the applicant, may, upon request of the applicant, assist in the selection of an artist or artists for the project and/or the selection of an arts coordinator for the project.
(.4)   Final determination as to what items, works, materials, media, infrastructure, support services, etc., qualify as public art or as part of the cost of public art, shall rest with the Art Selection Committee or the Art Commission, depending on the manner of review and approval chosen by the applicant.
(c)   Art Selection Committee.
(.1)   If the applicant chooses to use an Art Selection Committee, it shall consist of five members all of whom shall conform to one or more of the following criteria. At least two members of the committee shall be practicing artists from the visual or performing arts disciplines. All of the remaining members of the committee shall be either (i) an art educator from an accredited college or university, or (ii) a public arts administrator, or (iii) a curator of an institution of art, or (iv) a registered architect or landscape architect, but no more than one of the remaining members may be from each of those disciplines.
(.2)   Upon the submission of an Art Selection Committee for review by L&I, the applicant shall also submit the list for proposed committee members to the Art Commission. The Art Commission shall then have 30 days to review the qualifications of proposed committee members and to advise L&I in writing as to its recommendations regarding the qualifications and composition of the committee.
(d)   Bonus Floor Area or Building Height. 792
The additional gross floor area or building height earned for providing public art is:
 
Additional Gross Floor Area,
as Percent of Lot Area
Additional Building
Height
CMX-4
CMX-5
/CDO
/ECO
50%
100%
12 ft.
12 ft.
 

 

Notes

792
   Amended, Bill No. 130274 (approved June 25, 2013); amended, Bill No. 150505 (approved December 1, 2015).
(6)   Public Space.  793
The public space bonus may be earned by providing (1) open space, public parks, or public plazas or (2) a public room. Public open space, public parks or public plazas provided to earn a floor area or height bonus shall count towards the required open area. Public space provided to earn a floor area or height bonus under this subsection shall not be counted toward a public art requirement unless it is designed by an artist and is approved through the public art process in § 14-702(5) (Public Art).
(a)   Qualifying Criteria for Open Space, Public Parks, and Public Plazas.
A floor area bonus or height bonus may be earned by providing open space, public parks, or public plazas, provided they meet the following qualifying standards:
(.1)   The space shall be open to the sky, except for arbors and trellises.
(.2)   The space shall include a minimum of 5,000 sq. ft. of contiguous area.
(.3)   The space shall meet all public access design and engineering requirements for areas required to be accessible to those with physical impairments under the Americans with Disabilities Act and any implementing regulations adopted by the City.
(.4)   No more than fifty percent (50%) of the space shall be located more than three ft. above the level of the sidewalk adjacent to the lot containing the space. If the public space is located within the Special Flood Hazard Area, the Commission may waive this requirement provided that the Commission determines that the issuance of this waiver would beneficially serve the public interest. 794
(.5)   The space may not be used for parking, loading, or vehicle movements, or for vehicles to access areas used for parking, loading, or other vehicle movements.
(.6)   The space shall include trees, landscaped areas, walkways, seating, water features, or similar elements. A minimum of thirty percent (30%) of the space shall be landscaped and may incorporate a water feature. All elements shall be appropriately scaled and designed to enhance the space.
(.7)   Water features shall meet the following criteria:
(.a)   The feature shall be located in a public space.
(.b)   The feature may consist of fountains, water walls, water channels, water sculptures, pools, or ponds.
(.c)   The water feature shall be appropriately scaled and designed to enhance the space.
(.d)   The water feature shall be in operation from at least April 1 through October 30 each year, between the hours of 8:00 a.m. and 9:00 p.m, daily.
(.e)   The water feature shall not be counted toward a public art requirement unless it is designed by an artist and is approved through the public art process in § 14-702(5) (Public Art).
(.8)   Landscaped areas and trees shall be subject to the requirements of § 14-705 (Landscape and Trees). At least one tree shall be provided for every 1,000 sq. ft. of public space in addition to those required by § 14-705 (Landscape and Trees).
(.9)   Lighting shall be provided in the space. The maximum height of the lighting shall be 15 ft. with a maximum illumination level of 2.0 maintained foot-candles. At least one light shall be provided for every 500 sq. ft. of public space and lighting shall be provided along walkways at 100 ft. intervals. Lighting design shall be subject to the requirements of § 14-707 (Outdoor Lighting).  795
(.10)   The space shall be connected to a sidewalk, but may not disrupt the continuity of an existing street wall.
(.11)   The space shall be open to the public at least during the hours of 8:00 a.m. to 9:00 p.m. daily.
(.12)   The public open space, park, or plaza shall be located so as to receive natural light during the day.
(b)   Qualifying Criteria for Public Rooms.
A floor area bonus or height bonus may be earned by providing a public room, provided it meets the following minimum standards:
(.1)   The space is within a building that allows for year-round, climate controlled use by the public and that has access to the public street, transit concourses or transit stations either directly or through another connecting area open to the public.
(.2)   The space shall meet all public access design and engineering requirements for areas required to be accessible to those with physical impairments under the Americans with Disabilities Act and any implementing regulations adopted by the City.
(.3)   The space shall include a minimum of 5,000 sq. ft. of contiguous floor area and shall have a minimum unobstructed height of 24 ft.
(.4)   All or part of the space may be located at the level of any transit concourse or transit station to which it has direct access, or at any level between the level of that transit station or concourse and ground level.
(.5)   The space may not be used for parking, loading, or vehicle movements, or for vehicles to access areas used for parking, loading, or other vehicle movements.
(.6)   The space must include access to a public amenity, such as retail sales, libraries and cultural exhibits, eating and drinking establishments, public restrooms, or other attraction. Spaces that simply serve as a lobby for the transit concourse or building tenants do not qualify.
(.7)   Seating shall be provided within the space.
(.8)   The space shall be open to the public at least during the hours of 8:00 a.m. to 9:00 p.m. daily.
(c)   Approval Criteria.
(.1)   Planning Commission Review.
(.a)   In addition to the qualifying criteria of § 14-702(6)(a) and § 14-702(6)(b), L&I shall not issue a building permit until the Commission has reviewed the proposed public open space, public park, public plaza, or public room subject to this bonus and determined that, in the opinion of the Commission:
(i)   The design of the space will beneficially serve the public interest in terms of pedestrian access, overall layout, and provided amenities; and
(ii)   The space includes a suitable amount of lighting, trees, landscaped areas, walkways, seating, water features, or similar elements, as applicable, and that these elements are appropriately located so as to maximize the utility of the space.
(.b)   The Commission shall have 30 days upon receipt by the Commission of an application to review all proposed public open space, public parks, public plazas, or public rooms subject to this bonus; after the 30-day review period has passed, the approval of the Commission shall be presumed.
(.2)   Restrictive Covenant.
The applicant must execute and record a restrictive covenant in favor of the City, acting through the Department of Planning and Development, approved as to form by the Law Department, which requires all applicable open spaces, public parks, public plazas, and public rooms to be constructed and maintained, consistent with the requirements of this § 14-702(6), for the life of the building.
(d)   Bonus Floor Area or Building Height. 796
The additional gross floor area or building height earned by providing public space is:
 
Amount of Public Space as Percentage of Lot Area
Additional Gross Floor Area, as Percentage of Lot Area
Additional Building Height
CMX-3
(within /TOD only)
CMX-4
CMX-5
/CDO
/ECO
10 - 15% of lot area
30%
100%
200%
N/A
N/A
16 - 20% of lot area
40%
150%
300%
12 ft.
12 ft.
21 - 30% of lot area
50%
200%
400%
24 ft.
24 ft.
31 - 40% of lot area
50%
200%
400%
36 ft.
24 ft.
41 - 50% of lot area
50%
200%
400%
48 ft.
24 ft.
 

 

Notes

793
   Amended, Bill No. 130274 (approved June 25, 2013); amended, Bill No. 161003-A (approved May 8, 2017).
794
   Amended, Bill No. 190811-A (approved December 30, 2019).
795
   Amended, Bill No. 210075 (approved March 29, 2021).
796
   Amended, Bill No. 130274 (approved June 25, 2013); amended, Bill No. 150505 (approved December 1, 2015); amended, Bill No. 170162 (approved July 11, 2017); amended, Bill No. 190811-A (approved December 30, 2019).
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