§ 207.6.

REQUIRED MINIMUM DWELLING UNIT MIX IN RTO, RCD, NCT, DTR, AND EASTERN NEIGHBORHOODS MIXED USE DISTRICTS

a.

Purpose. In order to foster flexible and creative infill development while maintaining the character of the district, dwelling unit density is not controlled by lot area in RTO, NCT, and Eastern Neighborhoods Mixed Use Districts but rather by the physical constraints of this Code (such as height, bulk, setbacks, open space, and dwelling unit exposure). However, to ensure an adequate supply of family-sized units in existing and new housing stock, new residential construction must include a minimum percentage of units of at least 2 bedrooms.

b.

Applicability.

1.

This Section shall apply in the RTO, RCD, NCT, DTR and Eastern Neighborhoods Mixed Use Districts.

2.

This Section shall apply to all applications for building permits and/or Planning Commission entitlements which propose the creation of five or more dwelling units.

3.

This Section does not apply to buildings for which 100 percent of the residential uses are: group housing, dwelling units which are provided at below market rates pursuant to Section 406(b)(1) of this Code, Single Room Occupancy Units, Student Housing (as defined in Sec. 102.36), or housing specifically and permanently designated for seniors or persons with physical disabilities.

c.

Controls.

1.

For the RTO, Hayes-Gough NCT, Upper Market Street NCT, and NCT-3 districts, no less than 40 percent of the total number of dwelling units on site shall contain at least two bedrooms. Any fraction resulting from this calculation shall be rounded to the nearest whole number of dwelling units. While existing dwelling units in buildings which do not comply with this Subsection need not be expanded to meet this requirement, all new dwelling units shall provide at least two bedrooms when less than 40 percent of the total number of dwelling units contain less than two bedrooms.

2.

For all other RTO, RCD and NCT districts, as well as DTR and Eastern Neighborhoods Mixed Use Districts, one of the following two must apply;

A.

no less than 40 percent of the total number of proposed dwelling units shall contain at least two bedrooms. Any fraction resulting from this calculation shall be rounded to the nearest whole number of dwelling units, or

B.

no less than 30 percent of the total number of proposed dwelling units shall contain at least three bedrooms. Any fraction resulting from this calculation shall be rounded to the nearest whole number of dwelling units.

d.

Modifications.

1.

In NCT, RCD and RTO Districts, these requirements may be waived or modified with Conditional Use Authorization. In addition to those conditions set forth in Section 303, the Planning Commission shall consider the following criteria:

A.

The project demonstrates a need or mission to serve unique populations, or

B.

The project site or existing building(s), if any, feature physical constraints that make it unreasonable to fulfill these requirements.

2.

In Eastern Neighborhoods Mixed Use Districts, these requirements may be waived in return for provision of family-sized affordable units, pursuant to Section 419 et seq. To receive this waiver, 100 percent of the total number of inclusionary units required under Section 415 et seq. or Section 419 et seq. shall contain at least two bedrooms. Also in Eastern Neighborhoods Mixed Use Districts, these requirements may be waived or modified through the Variance process set forth in Section 305, or in the case of projects subject to Section 329, through the procedures of that section.

3.

In DTR Districts, these requirements may be modified per the procedures of Section 309.1.

AMENDMENT HISTORY

History

(Added by Ord. 72-08, File No. 071157, App. 4/3/2008; amended by Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 188-12 , File No. 111374, App. 9/11/2012, Eff. 10/11/2012; Ord. 42-13 , File No. 130002, App. 3/28/2013, Eff. 4/27/2013; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 62-13 , File No. 121162, App. 4/10/2013, Eff. 5/10/2013)

Division (b)(3) amended; Ord. 188-12 , Eff. 10/11/2012. Section header and divisions (b)(1), (b)(3), (c)(2), and (d)(1) amended; Ord. 42-13 , Eff. 4/27/2013. Division (b)(3) amended; Ord. 56-13 , Eff. 4/27/2013. Division (d)(2) references corrected; Ord. 62-13 , Eff. 5/10/2013.

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