§ 16.20.120.4. Approval process.

Development projects shall be reviewed using an approval procedure which is determined by the proposed intensity of the building. There are three approval procedures available throughout the downtown center (DC) districts:

1.

Base approval.

2.

Bonus approval, streamline.

3.

Bonus approval, public hearing.

Base approval shall be allowed by right. Bonus approval, streamline, requires compliance with specific criteria, and bonus approval, public hearing, requires compliance with specific criteria and a public hearing.

16.20.120.4.1. Base approval.

The base approval is allowed by right without public notice or public hearing if the project complies with the enhanced street requirements, maximum building height, minimum building setbacks, minimum ground level open space, building design requirements and other applicable requirements without a variance.

16.20.120.4.2. Bonus approval, streamline.

The bonus approval, streamline process reviews projects that exceed the limits of the base approval standards allowing for an increased FAR, building height, or both. To qualify, a project shall incorporate pre-described bonus provisions which mitigate the secondary impacts of the development, and provide public benefit at the ground level or address issues relevant to downtown development or the City, such as historic preservation and workforce housing.

16.20.120.4.3. Bonus approval, public hearing.

The bonus approval, public hearing process reviews projects that exceed the limits of the bonus approval, streamline standards allowing for an increased FAR, building height, or both. To qualify, a project shall incorporate pre-described bonus provisions above and beyond those required for the bonus approval, streamline process. After all bonuses are utilized, additional criteria is placed upon the development which will also address the secondary impacts of the project, such as public transit and workforce housing.

16.20.120.4.4. Variances.

Variances to the maximum intensity may not be approved when another mechanism is available to obtain the approval of a project, e.g., FAR bonus provisions.

16.20.120.4.5. Demolition of Buildings.

A.

Purpose. Vacant lots along certain streets within the DC-C, DC-1, DC-2, DC-3, or DC-P (DC zoning districts) are detrimental to the goal of promoting a pedestrian oriented downtown area. Vacant lots which are not maintained to certain minimum standards promote visual blight, property maintenance concerns and erosion of soil into the public stormwater management system. The purpose of this section is to minimize the creation of vacant land parcels and ensure the proper treatment and maintenance of any vacant parcels resulting from voluntary demolition within the DC zoning districts.

B.

Definition(s). For the purposes of this section, the term "structure of general public interest" means the existing primary or principal building or buildings on any land parcel within the DC zoning districts. Accessory structures, structures over submerged land or structures within right-of-way are not included in this definition.

C.

Issuance of demolition permit for a structure of general public interest (SGPI). A demolition permit may be issued for a SGPI, if a site plan has been approved, any pre-demolition conditions of the approval have been complied with and a complete application for building permits has been submitted. However, a demolition permit may be issued without meeting any of the foregoing requirements if the Building Official determines that a building is structurally unsafe.

D.

Vacant lots resulting from demolition. Vacant lots created in the DC zoning district after September 8, 2011 shall be improved and maintained subject to the following standards:

1.

Sites not fronting A or B streets . Vacant lots resulting from a demolished building within the DC zoning district not abutting the A or B streets as designated on the Streetscape Requirements Map shall comply with the following:

a.

Fence requirements . A fence shall surround the entire site.

(1)

Materials. All fences shall be constructed entirely of metal with a maximum opacity of 25 percent. Alternative fencing materials, such as wood or PVC, are prohibited.

(2)

Design and height. Fences shall be either vinyl-coated, chain-link or a decorative metal design. Chain-link fences shall be a minimum height of three feet, a maximum height of four feet. Decorative metal fences shall be a minimum height of three feet and maximum height of six feet.

b.

Landscaping.

(1)

The applicant shall submit a scaled plan showing the vacant lot layout, the proposed landscaping and irrigation, and the proposed maintenance plan which shall include provisions for trash removal, erosion management, and landscape maintenance.

(2)

Surface shall include grass or other living ground cover, in any combination, provided that the total site is covered. A five foot wide perimeter landscape buffer shall be provided along all streets which shall consist of a continuous row of foundation landscaping and one shade tree for every 35 feet, or portion thereof, along the street. A corner landscape feature shall be provided at each street corner which shall be a minimum of 100 square feet and shall be densely planted with trees, low shrubs and ground cover to meet the planting standards provided in the landscaping and irrigation section.

(3)

Irrigation shall be provided consistent with the applicable standards for such systems as described in this chapter.

2.

Sites with frontage along A or B streets. Vacant lots abutting A or B streets as designated on the Streetscape Requirements Map resulting from a demolished building within the DC zoning district shall comply with the following:

a.

Fence requirements. All fences shall be decorative and shall be a minimum height of three feet and a maximum height of six feet. Required fences shall be of an "Open" design and shall not exceed the maximum opacity standard of 25 percent as defined in the fence regulations section.

b.

Landscaping. The landscaping standards for these sites shall be the same as the standards for sites not fronting A or B streets.

3.

Permit and inspections required . A permit and inspections of the required improvements to the vacant lot are required.

4.

Guarantee required. Prior to and as a condition of issuance of a demolition permit, the applicant shall furnish to the City a performance bond or an irrevocable and unconditional letter of credit, cash, or a combination thereof, or other instrument acceptable to the City, in the amount sufficient to insure that the requirements set forth in this section are met.

5.

Recorded notice required. Prior to and as a condition of issuance of a demolition permit, the applicant shall execute and record in the public records a notice, which shall be provided by the City, identifying the required site improvements and associated conditions of approval.

6.

Posted sign. A sign identifying a 24-hour contact person's name, address and telephone number for the site shall be posted on the site. The sign shall be designed in accordance with the standards of the City's sign regulations. Such person shall be the owner or site manager and shall have the authority to make decisions concerning the property.

E.

Procedure if demolition permit is denied for a SGPI . If an application for a demolition permit within the DC zoning district is denied, the applicant may request an exemption according to the procedures and criteria provided under section 16.70.040.1.9 "Exemptions, Demolition of Structures of General Public Interest within DC and CCT-2 Zoning Districts."

F.

For demolition applications involving designated historic landmarks or structures within designated local landmark historic districts, where demolition requires certificate of appropriateness (COA) approval, this section 16.20.120.4.5 shall not apply.

(Code 1992, § 16.20.120.4; Ord. No. 893-G, § 41, 9-4-2008; Ord. No. 1029-G, § 62, 9-8-2011; Ord. No. 81-H, §§ 3, 4, 9-19-2013)