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(a) Purpose. The purpose of this Section 315.1 is to ensure that all 100 Percent Affordable Housing Bonus projects pursuant to Planning Code Section 206.4 are reviewed in coordination with Priority Processing available for certain projects with 100% affordable housing. While most projects in the 100 Percent Affordable Housing Bonus Program will likely be somewhat larger than their surroundings in order to facilitate higher levels of affordable housing, the Planning Director and Department shall review each project for consistency with the Affordable Housing Bonus Design Guidelines and any other applicable design guidelines, as adopted and periodically amended by the Planning Commission, so that projects respond to their surrounding context, while still meeting the City’s affordable housing goals.
(c) Design Review. The Planning Department shall review and evaluate all physical aspects of a 100 Percent Affordable Housing Bonus Project as follows.
(1) The Planning Director may, consistent with the Affordable Housing Bonus Program Design Guidelines and any other applicable design guidelines, make minor modifications to a project to reduce the impacts of a 100 Percent Affordable Housing Bonus Project on surrounding buildings. The Planning Director may also apply the standards of Section 261.1 to bonus floors for all projects on narrow streets and alleys in order to ensure that these streets do not become overshadowed, including potential upper story setbacks, and special consideration for the southern side of East-West streets, and Mid-block passages, as long as such setbacks do not result in a smaller number of residential units.
(2) As set forth in subsection (d), the Planning Director may also grant minor exceptions to the provisions of this Code. However, such exceptions should only be granted to allow building mass to appropriately shift to respond to surrounding context, and only when such modifications do not substantially reduce or increase the overall building envelope permitted by the Program under Section 206.4. All modifications and exceptions should be consistent with the Affordable Housing Bonus Program Design Guidelines and any other applicable design guidelines. In case of a conflict with other applicable design guidelines, the Affordable Housing Bonus Program Design Guidelines shall prevail.
(3) The Planning Director may require these or other modifications or conditions in order to achieve the objectives and policies of the Affordable Housing Bonus Program or the purposes of this Code. This review shall be limited to design issues including the following;
(A) whether the bulk and massing of the building is consistent with the Affordable Housing Bonus Design Guidelines.
(B) whether building design elements including, but not limited to, architectural treatments, facade design, and building materials, are consistent with the Affordable Housing Bonus Program Design Guidelines and any other applicable design guidelines.
(C) whether the design of lower floors, including building setback areas, commercial space, townhouses, entries, utilities, and parking and loading access is consistent with the Affordable Housing Bonus Program Design Guidelines, and any other applicable design guidelines.
(D) whether the required streetscape and other public improvements such as tree planting, street furniture, and lighting are consistent with the Better Streets Plan, and any other applicable design guidelines.
(d) Exceptions. As a component of the review process under this Section 315.1, the Planning Director may grant minor exceptions to the provisions of this Code as provided below, in addition to the development bonuses granted to the project in Section 206.4(c). Such exceptions, however, should only be granted to allow building mass to appropriately shift to respond to surrounding context, and only when the Planning Director finds that such modifications do not substantially reduce or increase the overall building envelope permitted by the Program under Section 206.4, and the project, with the modifications and exceptions, is consistent with the Affordable Housing Bonus Design Guidelines. These exceptions may include:
(1) Exception from residential usable open space requirements per Section 135, or any applicable special use district.
(2) Exception from satisfaction of loading requirements per Section 152.1, or any applicable special use district.
(3) Exception for rear yards, pursuant to the requirements of Section 134, or any applicable special use district.
(4) Exception from dwelling unit exposure requirements of Section 140, or any applicable special use district.
(5) Exception from satisfaction of accessory parking requirements per Section 152.1, or any applicable special use district.
(6) Where not specified elsewhere in this subsection (d), modification of other Code requirements that could otherwise be modified as a Planned Unit Development (as set forth in Section 304), irrespective of the zoning district in which the property is located, and without requiring conditional use authorization.
(e) Required Findings. In reviewing any project pursuant to this Section 315.1, the Planning Director shall make the following findings:
(1) the use complies with the applicable provisions of this Code and is consistent with the General Plan;
(2) the use provides development that is in conformity with the stated purpose of the applicable Use District; and,
(3) the use contributes to the City’s affordable housing goals as stated in the General Plan.
(4) If a 100 Percent Affordable Housing Bonus Project otherwise would require a conditional use authorization due only to (1) a specific land use or (2) a use size limit, the Planning Director shall make all findings and consider all criteria required by this Code for such use or use size as part of this 100 Percent Affordable Housing Bonus Project Authorization and no conditional use authorization shall be required.
(f) Decision and Imposition of Conditions. The Planning Director may authorize, disapprove or approve subject to conditions, the project and any associated requests for exceptions and shall make appropriate findings. The Director may impose additional conditions, requirements, modifications, and limitations on a proposed project in order to achieve the objectives, policies, and intent of the General Plan or of this Code. This administrative review shall be identical in purpose and intent to any Planning Commission review that would otherwise be required by Section 206.4 of the Planning Code.
(g) Discretionary Review. As long as the Planning Commission has delegated its authority to the Planning Department to review applications for an Affordable Housing Project, the Planning Commission shall not hold a public hearing for discretionary review of a 100 Percent Affordable Housing Bonus project that is subject to this Section.
(h) Appeals. The Planning Director’s administrative determination regarding a 100 Percent Affordable Housing Bonus Project pursuant to this Section 315.1 shall be considered part of a related building permit. Any appeal of such determination shall be made through the associated building permit.
(Former Sec. 315.1 added by Ord. 37-02, File No. 001262, App. 4/5/2002; amended by Ord. 219-06, File No. 051685, App. 8/10/2006; Ord. 101-07, File No. 060529, App. 5/4/2007; Ord. 198-07, File No. 070444, App. 8/10/2007; Ord. 298-08, File No. 081153, App. 12/19/2008; redesignated as Sec. 415.2 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)
[INCLUSIONARY AFFORDABLE HOUSING PROGRAM]
Editor's Note:
The Inclusionary Affordable Housing Program, formerly codified at Secs. 315 et seq., was substantially amended and redesignated as Secs. 415et seq. by Ord. 108-10, File No. 091275, App. 5/25/2010.
The Inclusionary Affordable Housing Program, formerly codified at Secs. 315 et seq., was substantially amended and redesignated as Secs. 415et seq. by Ord. 108-10, File No. 091275, App. 5/25/2010.
(Added by Ord. 37-02, File No. 001262, App. 4/5/2002; amended by Ord. 213-06, File No. 051668, App. 8/2/2006; Ord. 219-06, File No. 051685, App. 8/10/2006; Ord. 101-07, File No. 060529, App. 5/4/2007; Ord. 198-07, File No. 070444, App. 8/10/2007; redesignated as Sec. 415.1 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)
(Added by Ord. 37-02, File No. 001262, App. 4/5/2002; amended by Ord. 76-03, File No. 020592, App. 5/2/2003; Ord. 213-06, File No. 051668, App. 8/2/2006; Ord. 219-06, File No. 051685, App. 8/10/2006; Ord. 101-07, File No. 060529, App. 5/4/2007; Ord. 198-07, File No. 070444, App. 8/10/2007; Ord. 298-08, File No. 081153, App. 12/19/2008; redesignated as Sec. 415.3 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)
(Added by Ord. 37-02, File No. 001262, App. 4/5/2002; amended by Ord. 220-02, File No. 021098, App. 11/8/2002; Ord. 219-06, File No. 051685, App. 8/10/2006; Ord. 101-07, File No. 060529, App. 5/4/2007; Ord. 198-07, File No. 070444, App. 8/10/2007; Ord. 72-08, File No. 071157, App. 4/3/2008; Ord. 126-08, File No. 080736, App. 7/21/2008; Ord. 232-08, File No. 080521, App. 10/30/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; repealed by Ord. 108-10, File No. 091275, App. 5/25/2010)
(Added by Ord. 37-02, File No. 001262, App. 4/5/2002; amended by Ord. 220-02, File No. 021098, App. 11/8/2002; Ord. 219-06, File No. 051685, App. 8/10/2006; Ord. 101-07, File No. 060529, App. 5/4/2007; Ord. 198-07, File No. 070444, App. 8/10/2007; Ord. 198-08, File No. 080292; Ord. 232-08, File No. 080521, App. 10/30/2008; redesignated as Sec. 415.6 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)
(Added by Ord. 37-02, File No. 001262, App. 4/5/2002; amended by Ord. 76-03, File No. 020592, App. 5/2/2003; Ord. 213-06, File No. 051668, App. 8/2/2006; Ord. 219-06, File No. 051685, App. 8/10/2006; Ord. 101-07, File No. 060529, App. 5/4/2007; Ord. 198-07, File No. 070444, App. 8/10/2007; Ord. 232-08, File No. 080521, App. 10/30/2008; Ord. 63-09, File No. 081249, App. 4/23/2009; redesignated as Sec. 415.7 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)
(Added by Ord. 37-02, File No. 001262, App. 4/5/2002; amended by Ord. 101-07, File No. 060529, App. 5/4/2007; Ord. 198-07, File No. 070444, App. 8/10/2007; redesignated as Sec. 415.8 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)
(Added by Ord. 37-02, File No. 001262, App. 4/5/2002; amended by Ord. 219-06, File No. 051685, App. 8/10/2006; Ord. 101-07, File No. 060529, App. 5/4/2007; Ord. 198-07, File No. 070444, App. 8/10/2007; redesignated as Sec. 415.9 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)
(Added by Ord. 37-02, File No. 001262, App. 4/5/2002; repealed by Ord. 108-10, File No. 091275, App. 5/25/2010)
(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 412-88, App. 9/10/88; Ord. 115-90, App. 4/6/90; Ord. 72-08, File No. 071157, App. 4/3/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 42-13
, File No. 130002, App. 3/28/2013, Eff. 4/27/2013; Ord. 188-15
, File No. 150871, App. 11/4/2015, Eff. 12/4/2015; repealed by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017)