Department of Planning & Development
Department of Planning & Development

Zoning - R-SMU (Residential Southside Mixed Use District)

 

Section _______.10 Applicability of Regulations

The regulations in this Chapter shall apply in all R-SMU Districts. In addition, the general provisions in Sub-title 23C shall apply. Where the H District overlays a property so as to be classified R-SMU(H), the Hillside District provisions of Chapter 23E.96 shall also apply. (Ord. 6478-NS § 4 (part), 1999)

Section _______.020 Purposes

The purposes of the Residential Southside Mixed Use District (R-SMU) Districts are to:

  1. Implement Master Plan and Southside Area Plan policy by encouraging high density, multi-story residential development close to major shopping, transportation and employment centers;

  2. Make housing available for persons who desire a convenient location, but who require relatively small amounts of Usable Open Space; yet assure adequate light, air, privacy and Usable Open Space to promote and protect their physical and mental health;
  3. Protect adjacent properties from unreasonable obstruction of light and air;
  4. Permit the construction of residential structures, such as apartments and hotels, which will provide housing opportunities for transient or seasonal residents;
  5. Permit the construction of institutional, neighborhood serving retail, and office uses when such will not be detrimental to the immediate neighborhood;
  6. Provide locations for relocation of office space from other locations in the Southside Plan area;
  7. Encourage the construction of new housing and mixed-use development on vacant properties and surface parking lots;
  8. Encourage the redevelopment of single story structures that are not historically significant resources with housing and mixed-use development;
  9. Protect and enhance historical and architecturally significant buildings by ensuring that new development and alterations complement their existing architectural character.

Section ______.030 Uses Permitted

The following table sets forth the Permits required for each listed item.  Each use or structure shall be subject to either a Zoning Certificate (ZC), an Administrative Use Permit (AUP), a Use Permit approved after a public hearing (UP(PH) or is Prohibited. 

Table: Use and Required Permits (PDF 134.59KB) 

Section ______. 040 Special Provisions -- Design Review

All new projects shall be subject to Design Review as set forth in Chapters 23E.08 and 23E.12. (Ord. 6478-NS § 4 (part), 1999).

Section ______.050 Reserved

Section ______.060 Reserved

Section ______.070 Development Standards

A.  No lot of less than five thousand (5,000) square feet may be created.

B.   The height for a Main Building shall satisfy the following requirements:

1.The maximum height shall be 4 stories and60 ft.
 

2.Within the portions of the District located east of Telegraph Avenue or more than 130 feet south of Bancroft Way, t he maximum height may be increased to 5  stories and 65 ft. if the following findings are made by the Zoning Officer or Board:
 

a.At least 50% of the total building floor area is designed for residential use.
 

b.At least 20% of the housing units are affordable to households earning up to 60% of the Average Median Income (AMI) or 10% are affordable to households earning up to 50% of AMI.

3.   Within the portion of the District located west of Telegraph Avenue and within 130 feet from Bancroft Way, the height may be increased to 5 stories and 75 feet if the following findings are made by the Zoning Officer or Board:

  • At least 50% of the total building floor area is designed for residential use. 
  • At least 20% of the housing units are affordable to households earning up to 60% of the average Median Income (AMI) or 10% are affordable to households earning up to 50% of AMI. 

C.  Each Main Building shall be set back from its respective lot lines, and shall be separated from one another, in accordance with the following limits:    

Table: Yard Location (PDF 85.93KB) 

D.  Maximum lot coverage may not exceed the following coverage percentages:

Table: Lot Coverage (PDF 40.14KB) 

E.  Each lot shall contain the following minimum Usable Open Space area: for each Dwelling Unit, forty (40) square feet; for each person who resides in a Group Living Accommodation use; twenty (20) square feet.


Section ______.080 Parking -- Number of Spaces 

 

A.  The following provisions shall apply to properties within the R-SMU District:


1.      No Off-street Parking Spaces shall be required for the creation of new commercial gross floor area in main buildings that include dwelling units or group living accommodations, or for new Dwelling Units or Group Living Accommodation rooms.

2.      For main buildings with no dwelling units or group living accommodations, Off-Street Parking Spaces shall be provided in accordance with the requirements of 23D.40.080

3.      Bicycle parking spaces shall be provided at the ratio of one (1) space per two thousand (2,000) square feet of gross floor area of commercial space, and in accordance with the requirements of Section 23E.28.070;


B.     Occupants of dwelling units and group living accommodation rooms constructed without parking, constructed after the effective date of this ordinance amendment shall not be entitled to receive parking permits under the Residential Permit Parking Program (RPP), under Section 14.08 of the BMC (Ordinance #5803 and #5908;

C.     Any construction which results in the creation of ten thousand (10,000) square feet of new or additional commercial gross floor space shall satisfy the loading space requirements of Chapter 23E.32, except for the area covered by Section 23E.56.080.A and the following requirements:

  • Off-street loading spaces at the ratio of one (1) space for the first ten thousand (10,000) square feet of gross floor area of commercial space;
  • Off-street loading spaces at the ratio of one (1) space for each additional forty thousand (40,000) square feet of gross floor area of commercial space above the first ten thousand (10,000) square feet.

D.  Residential buildings shall be allowed to remove parking spaces if found necessary by the Building Official to perform mandatory seismic strengthening.

Section ______.090 Transportation Services Fee 

A Transportation Services Fee (TSF) shall be paid for each square foot of commercial gross floor area for the District established by City Council resolution and in accordance with the procedures and purposes of Chapter 23E.28. Seventy-five percent (75%) of this fee shall be deposited into the City's general TSF fund under Section 23E.28.100, and the remaining twenty-five percent (25%) shall be deposited into the Sather Gate Alternative Transportation Fund.

A Transportation Services Fee (TSF) shall be paid for each new housing unit. Housing units which are permanently rent restricted to households earning up to 60% of the AMI shall be exempt from the Fee requirement.

[Note: The City does not currently have an adequate Transportation Service Fee ordinance, and the City does not collect such a fee at this time. The General Plan calls for creation of such a fee. The fee will require a new ordinance and a nexus study to establish the fee amount.]

Section _______.110 Findings 

A. In order to approve any Permit under this Chapter, the Zoning Officer or Board must make the finding required by Section 23B.32.040. The Zoning Officer or Board must also make any findings required by the following paragraphs of this Section to the extent applicable. If the Zoning Officer or Board makes the applicable finding required by the following paragraph of this Section then the permit shall be denied.

B. To deny a Use Permit for a major residential addition the Zoning Officer or Board must find that although the proposed major residential addition satisfies all other standards of this Ordinance, the addition would unreasonably obstruct sunlight, air or views.

SOUTHSIDE PLAN - PLANNING COMMISSION SUBCOMMITTEE DRAFT

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