Attachment B
Previous Zoning Code Section 20.63.040 (Land Use Intensities)
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20.63.040 Land Use Intensities
A. The land use intensities for nonresidential uses specified in the Land Use Element of the General Plan shall be implemented as follows:
1. Fixed Designation. Where the Land Use Element of the General Plan specifies a single floor area ratio or square footage limit for a site, all uses permitted within the applicable district shall be permitted to develop up to the floor area ratio or gross floor area limit specified.
2. Variable Floor Area Ratios. Where the Land Use Element of the General Plan specifies variable designations for a site (denoted by a slash), the permitted gross floor area shall vary, and shall be prorated according to the type of use.
The base development allocation shall be calculated per Section 20.63.030.
The base development allocation shall not be exceeded by the sum of the weighted square footage of each use. Weighted square footage shall be determined by multiplying gross floor area of a given use by the weighting factors below. The area devoted to each type of use shall be weighted as follows:
Use Category Weighting Factor
Base FAR uses 1.00
Reduced FAR uses 1.67
Maximum FAR uses 0.50
Neither the base development allocation nor the maximum floor area ratio specified in the Land Use Element of the General Plan shall be exceeded, except as provided in Section 20.63.040 (B) below.
B. Exceptions.
1. Existing Buildings. Previously existing buildings may exceed the base development allocation as provided in Section 20.63.050 (B).
2. Planning Director’s Approval. The Planning Director may issue a use permit to approve a project which exceeds the base development allocation up to the maximum floor area ratio established for the statistical area in which the project is proposed, upon finding:
a. That the mix of existing and approved development within the statistical area in which the project is proposed does not exceed the base development allocation established for that statistical area.
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b. That the statistical area in which the project is proposed does not contain any undeveloped or underdeveloped properties of sufficient size which, if developed within the land use intensities established by the Land Use Element of the General Plan, would cause the base development allocation for that statistical area to be exceeded.
The Planning Director’s approval shall expire unless a building permit has been issued and construction has commenced within 24 months from the date of approval.
3. Use Permit. Any project which would cause the statistical area in which it is proposed to exceed the base development allocation established by the Land Use Element of the General Plan may only be approved pursuant to the use permit procedures provided in Section 20.63.040 (C).
C. Use Permit to Exceed Base Floor Area Ratio. A use permit may be approved for projects which exceed the base development allocation established for the statistical area for which the project is proposed up to the maximum floor area ratio established for the statistical area.
1. Required Findings. In order to approve a use permit for a project to exceed the base development allocation of a statistical area, one or more of the following findings are made:
a. The project provides for the consolidation of existing legal lots to provide unified site design.
b. The project provides for shared access with adjoining properties to a public right-of-way through common driveways and closes and relinquishes access rights to any other existing driveways. c. The project provides for cross-easements, joint maintenance agreements, and reciprocal parking agreements with adjoining properties to facilitate the shared use of parking areas and to improve internal circulation.
d. The project’s design and construction preclude land uses with high traffic generating characteristics.
e. The project incorporates design characteristics which mitigate any additional traffic generation or parking demand characteristics associated with the increased entitlement or which serve to improve existing traffic circulation or parking conditions.
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f. The project provides infrastructure improvements or dedications beyond what is necessary to serve the project and its population. g. The project incorporates innovative design or construction methods which further the goals of the General Plan.
h. A covenant shall be recorded which would bind the current and future property owners to the land uses which will not overburden the circulation system.
2. Additional Required Findings. In addition to the findings required above, the following additional findings shall be made:
a. The increased development, including above grade covered parking, does not create abrupt changes in scale between the proposed development and development in the surrounding area.
b. That the proposed use and structures, including above grade covered parking, are compatible with the surrounding area.
c. The increased development, including above grade covered parking, will not result in significant impairment of public views. d. That the site is physically suitable for the development proposed, including above grade covered parking, taking into consideration site characteristics including, but not limited to, slopes, submerged areas, and sensitive resources.
D. Utilities and Mechanical Equipment. The Planning Director may exclude utility and mechanical equipment rooms, totaling up to 10 percent of the gross floor area, from the calculation of the floor area ratio when it is clearly demonstrated that such areas do not contribute to the traffic generation potential of the property.
E. Mixed Commercial/Residential Development. Where second floor residential development is permitted in conjunction with a first floor commercial use, the total floor area ratio of 1.25 shall be permitted, provided that the floor area ratio for commercial development does not exceed 0.5 nor exceeds the base development allocation for commercial uses. In addition, the floor area ratio for commercial development shall not be less than 0.25 unless a use permit is approved, and the Planning Commission makes the following findings in addition to those use permit findings required under Section 20.91.035 (A):
1. That the proposed commercial space constitutes a significant portion of the project.