WHEREAS, in May 2013, the City Council adopted Resolution 31444, which established a work program for reviewing and potentially modifying the City's affordable housing incentive programs; and

WHEREAS, according to Resolution 31444, the City Council commissioned reports examining national best practices for increasing the availability of affordable housing to identify new strategies for Seattle; and

WHEREAS, in September 2014, the City Council adopted Resolution 31546, in which the Council and Mayor proposed that a Seattle Housing Affordability and Livability Agenda (HALA) Advisory Committee be jointly convened by the Council and the Mayor to evaluate potential housing strategies; and

WHEREAS, the HALA Advisory Committee provided final recommendations to the Mayor and City Council on July 13, 2015; and

WHEREAS, the HALA Advisory Committee recommended extensive citywide upzoning of residential and commercial zones and, in connection with such upzones, implementation of a mandatory inclusionary housing requirement for new residential development and commercial linkage fees for new commercial development; and

WHEREAS, the HALA Advisory Committee recommended that the mandatory inclusionary housing requirement offer developers the option of building affordable housing or making a cash contribution to fund preservation and production of affordable housing, and that the requirement be implemented upon approval of extensive citywide upzoning of residential and commercial zones; and

WHEREAS, the City has the authority to require mandatory housing affordability for residential development according to its police power; and

WHEREAS, a mandatory housing affordability requirement for residential development is one of many actions the City intends to undertake to implement the Comprehensive Plan's goals and policies for housing affordability; and

WHEREAS, the Countywide Planning Policies, as ratified by the King County Council, provide that jurisdictions may consider a full range of programs, from optional to mandatory, that will assist in meeting the jurisdiction's share of the countywide need for affordable housing; and

WHEREAS, one of the City's planning goals under the Growth Management Act, chapter 36.70A RCW, is to make adequate provision for the housing needs of all economic segments of the city; and

WHEREAS, the Affordable Housing Incentives Program Act, RCW 36.70A.540, authorizes and encourages cities to enact or expand affordable housing incentive programs providing for the development of low-income housing units through development regulations or conditions on rezoning or permit decisions, or both; and

WHEREAS, according to the Affordable Housing Incentives Program Act, jurisdictions may establish a minimum amount of affordable housing that must be provided by all residential developments in areas where increased residential development capacity has been provided; and

WHEREAS, the July 13, 2015, Statement of Intent for Basic Framework for Mandatory Inclusionary Housing and Commercial Linkage Fee (commonly referred to as the "Grand Bargain") states that the mandatory housing affordability requirements for residential and commercial development should achieve a projected production level over ten years of no less than 6,000 units of housing affordable to households with incomes no greater than 60 percent of median income, and that, if the projected production level falls below the target, all parties agree to develop and consider options to achieve the agreed-upon production target; and

WHEREAS, in November 2015, the City Council adopted Ordinance 124895, which established the framework for an Affordable Housing Impact Mitigation Program for commercial development; and

WHEREAS, in August 2016, the City Council adopted Ordinance 125108, which established the framework for mandatory housing affordability for residential development; and

WHEREAS, this ordinance was informed by public feedback gathered at an Open House conducted on February 24, 2016 and presentations and conversations with the Building Owners and Managers Association (BOMA), Chinatown-International District Business Improvement Association, Downtown Residents Alliance, Downtown Resident's Council, Downtown Seattle Association, InterIM, International District Special Review Board, NAIOP, Seattle Chinatown-International District Preservation and Development Authority (SCIDpda), and Seattle Planning Commission, as well as letters, emails and other correspondence from individuals and groups; and

WHEREAS, this ordinance would increase development capacity and implement the Affordable Housing Impact Mitigation Program for commercial development and mandatory housing affordability for residential development in the Chinatown/International District; and

WHEREAS, increased residential development in the Chinatown/International District will assist in achieving local growth management and housing policies; and

WHEREAS, this ordinance provides increased residential development capacity in the form of an increase in the amount of height or floor area allowed by zoning in the Chinatown/International District; and

WHEREAS, this ordinance provides for modest reductions in payment and performance amounts for residential development if the additional capacity still could not be achieved in the future; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. The City Council hereby make the Findings of Fact in Exhibit B to this ordinance.

Section 2. The City Council expresses the following intent as to future actions related to this ordinance. The Council is enacting the rezones effected by Section 2 of this ordinance based on an expectation that those rezones are accompanied by requirements to provide a substantial amount of affordable housing. If the imposition of requirements under Chapter 23.58C of the Seattle Municipal Code as contemplated by this ordinance is determined to be unlawful, it is the Council's intent to (1) implement an alternative approach, in connection with some or all of the development capacity provided by the rezones effected by Section 2 of this ordinance, resulting in provision of a substantial amount of affordable housing; (2) take steps to prevent the continuance of the new zoning and increased development capacity in the absence of substantial affordable housing requirements by repealing the rezones effected by Section 2 of this ordinance; and/or (3) take other actions, including a moratorium on some or all development while an alternative approach is implemented.

Section 3. The Official Land Use Map, Chapter 23.32 of the Seattle Municipal Code, is amended to rezone properties identified on pages 116, 117, 118 of the Official Land Use Map as shown on Exhibit A attached to this ordinance.

Section 4. Section 23.49.007 of the Seattle Municipal Code, enacted by Ordinance 125291, is amended as follows:

23.49.007 Mandatory housing affordability (MHA)

The provisions of Chapters 23.58B and 23.58C apply in all Downtown zones, except the following:

DH1/45;

DH2/55;

DH2/85;

((DMC 85/65-150;

DMR/C 65/65-85;

DMR/C 65/65-150;

All IDM zones;

All IDR and IDR/C zones;))

IDM-65-150;

IDM-75-85;

All PSM zones; and

PMM-85.

Section 5. Section 23.49.008 of the Seattle Municipal Code, last amended by Ordinance 125291, is amended as follows:

23.49.008 Structure height

The following provisions regulating structure height apply to all property in Downtown zones except the DH1 zone. Structure height for PSM, IDM, and IDR zones is regulated by this Section 23.49.008, and by Sections 23.49.178, 23.49.208, and 23.49.236.

A. Base and maximum height limits

1. Except as otherwise provided in this Section 23.49.008, maximum structure heights for Downtown zones are as designated on the Official Land Use Map. In certain zones, as specified in this Section 23.49.008, the maximum structure height may be allowed only for particular uses or only on specified conditions, or both. If height limits are specified for portions of a structure that contain specified types of uses, the applicable height limit for the structure is the highest applicable height limit for the types of uses in the structure, unless otherwise specified.

2. Except in the PMM zone, the base height limit for a structure is the lowest of the maximum structure height or the lowest other height limit, if any, that applies pursuant to this Title 23 based upon the uses in the structure, before giving effect to any bonus for which the structure qualifies under this Chapter 23.49 and to any special exceptions or departures authorized under this Chapter 23.49. In the PMM zone the base height limit is the maximum height permitted pursuant to urban renewal covenants.

3. In zones listed below in this subsection 23.49.008.A.3, the applicable height limit for portions of a structure that contain non-residential and live-work uses is shown as the first figure after the zone designation (except that there is no such limit in DOC1), and the base height limit for portions of a structure in residential use is shown as the first figure following the "/". The third figure shown is the maximum residential height limit. Except as stated in subsection 23.49.008.D, the base residential height limit is the applicable height limit for portions of a structure in residential use if the structure does not use the bonus available under Section 23.49.015, and the maximum residential height limit is the height limit for portions of a structure in residential use if the structure uses the bonus available under Section 23.49.015:

DOC1 Unlimited/450-unlimited

DOC2 500/300-550

DMC 340/290-440

DMC 240/290-440.

4. A structure in a DMC 340/290-440 zone on a lot comprising a full block that abuts a DOC1 zone along at least one street frontage may gain additional structure height of 30 percent above the maximum residential height limit if the structure uses the bonus available under Section 23.49.015, or 35 percent above 340 feet if that bonus is not used, in either case under the following conditions:

a. Only one tower is permitted on the lot;

b. Any additional floor area above the maximum height limit for non-residential or live-work use, as increased under this subsection 23.49.008.A.4, is occupied by residential use;

c. The average residential gross floor area and maximum residential floor area of any story in the portion of the tower permitted above the base residential height limit do not exceed the limits prescribed in subsection 23.49.058.C.1;

d. Any residential floor area allowed above the base residential height limit under this provision is gained through voluntary agreements to provide low-income or moderate-income housing according to Section 23.49.015;

e. At least 35 percent of the lot area, or a minimum of 25,000 square feet, whichever is greater, is in open space use substantially at street level meeting the following standards, and subject to the following allowances for coverage:

1) The location and configuration of the space shall enhance solar exposure, allow easy access to entrances to the tower serving all tenants and occupants from streets abutting the open space, and allow convenient pedestrian circulation through all portions of the open space. The open space shall be entirely contiguous and physically accessible. To offset the impact of the taller structure allowed, the open space shall have frontage at grade abutting sidewalks, and be visible from sidewalks, on at least two streets. The elevation of the space may vary, especially on sloping lots where terracing the space facilitates connections to abutting streets, provided that grade changes are gradual and do not significantly disrupt the continuity of the space, and no part of the open space is significantly above the grade of the nearest abutting street. The Director may allow greater grade changes, as necessary, to facilitate access to transit tunnel stations.

2) Up to 20 percent of the area used to satisfy the open space condition to allowing additional height may be covered by the following features: permanent, freestanding structures, such as retail kiosks, pavilions, or pedestrian shelters; structural overhangs; overhead arcades or other forms of overhead weather protection; and any other features approved by the Director that contribute to pedestrian comfort and active use of the space. The following features within the open space area may count as open space and are not subject to the percentage coverage limit: temporary kiosks and pavilions, public art, permanent seating that is not reserved for any commercial use, exterior stairs and mechanical assists that provide access to public areas and are available for public use, and any similar features approved by the Director.

f. Open space used to satisfy the condition to allowing additional height in this Section 23.49.008 is not eligible for a bonus under Section 23.49.013.

g. Open space used to satisfy the condition to allowing additional height in this Section 23.49.008 may qualify as common recreation area to the extent permitted by subsection 23.49.011.B and may be used to satisfy open space requirements in subsection 23.49.016.C.1 if it satisfies the standards of subsection 23.49.016.C.1.

h. No increase in height shall be granted to any proposed development that would result in significant alteration to any designated feature of a Landmark structure, unless a certificate of approval for the alteration is granted by the Landmarks Preservation Board.

5. In a DRC zone, the base height limit is 85 feet, except that, subject to the conditions in subsection 23.49.008.A.6:

a. The base height limit is 170 feet if any of the following conditions is satisfied:

1) All portions of a structure above 85 feet contain only residential use; or

2) At least 25 percent of the gross floor area of all structures on a lot is in residential use; or

3) A minimum of 1.5 FAR of eating and drinking establishments, retail sales, and service or entertainment uses, or any combination thereof, is provided on the lot.

b. For residential floor area created by infill of a light well on a Landmark structure, the base height limit is the lesser of 170 feet or the highest level at which the light well is enclosed by the full length of walls of the structure on at least three sides. For the purpose of this subsection 23.49.008.A.5.b, a light well is defined as an inward modulation on a non-street-facing facade that is enclosed on at least three sides by walls of the same structure, and infill is defined as an addition to that structure within the light well.

6. Restrictions on demolition and alteration of existing structures

a. Any structure in a DRC zone that would exceed the 85-foot base height limit shall incorporate the existing exterior street-front facade(s) of each of the structures listed below, if any, located on the lot of that project. The City Council finds that these structures are significant to the architecture, history, and character of downtown. The Director may permit changes to the exterior facade(s) to the extent that significant features are preserved and the visual integrity of the design is maintained. The degree of exterior preservation required will vary, depending upon the nature of the project and the characteristics of the affected structure(s).

b. The Director shall evaluate whether the manner in which the facade is proposed to be preserved meets the intent to preserve the architecture, character, and history of the Retail Core. If a structure on the lot is a Landmark structure, approval by the Landmarks Preservation Board for any proposed modifications to controlled features is required prior to a decision by the Director to allow or condition additional height for the project. The Landmarks Preservation Board's decision shall be incorporated into the Director's decision. Inclusion of a structure on the list below is solely for the purpose of conditioning additional height under this subsection 23.49.008.A.6.b, and shall not be interpreted in any way to prejudge the structure's merit as a Landmark:

Sixth and Pine Building 523 Pine Street

Decatur 1513 6th Avenue

Coliseum Theater 5th and Pike

Seaboard Building 1506 Westlake Avenue

Fourth and Pike Building 1424 4th Avenue

Pacific First Federal Savings 1400 4th Avenue

Joshua Green Building 1425 4th Avenue

Equitable Building 1415 4th Avenue

Mann Building 1411 3rd Avenue

Olympic Savings Tower 217 Pine Street

Fischer Studio Building 1519 3rd Avenue

Bon Marche (Macy's) 3rd and Pine

Melbourne House 1511 3rd Avenue

Former Woolworth's Building 1512 3rd Avenue

c. The restrictions in this subsection 23.49.008.A.6 are in addition to, and not in substitution for, the requirements of the Landmarks Ordinance, Chapter 25.12.

7. The applicable height limit for a structure is the base height limit plus any height allowed as a bonus under this Chapter 23.49 and any additional height allowed by special exception or departure, or by subsection 23.49.008.A.4. The height of a structure shall not exceed the applicable height limit, except as provided in subsections 23.49.008.B, 23.49.008.C, and 23.49.008.D.

8. The height of rooftop features, as provided in subsection 23.49.008.D, is allowed to exceed the applicable height limit.

9. On lots in the DMC 85/((65-150)) 75-170 zone:

a. A height limit of 85 feet applies to the portions of a structure that contain non-residential or live-work uses.

b. A base height limit of ((65)) 75 feet applies to the portions of a structure that contain residential uses.

c. The applicable height limit for portions of a structure that contain residential uses is 85 feet if the applicant qualifies for extra floor area on the lot under Section 23.49.023 and Chapter 23.58A, the structure has no non-residential or live-work use above 85 feet, and the structure does not qualify for a higher limit for residential uses under subsection 23.49.008.A.9.d.

d. The applicable height limit is ((150)) 170 feet if the applicant qualifies for extra floor area on the lot under Section 23.49.023 and Chapter 23.58A; the structure has no non-residential or live-work use above 85 feet; the lot is at least 40,000 square feet in size and includes all or part of a mid-block corridor that satisfies the conditions of Section 23.58A.040, except to the extent any waiver of such conditions is granted by the Director; and the standards of Section 23.49.060 are satisfied.

B. Structures located in DMC 240/290-440 or DMC 340/290-440 zones may exceed the maximum height limit for residential use, or if applicable the maximum height limit for residential use as increased under subsection 23.49.008.A.4, by ten percent of that limit, as so increased if applicable, if:

1. The facades of the portion of the structure above the limit do not enclose an area greater than 9,000 square feet, and

2. The enclosed space is occupied only by those uses or features otherwise permitted in this Section 23.49.008 as an exception above the height limit. The exception in this subsection 23.49.008.B shall not be combined with any other height exception for screening or rooftop features to gain additional height.

C. Height in Downtown Mixed Residential (DMR) zones is regulated as follows:

1. A structure that contains only non-residential or live-work uses may not exceed the lowest height limit established on the Official Land Use Map, except for rooftop features permitted by subsection 23.49.008.D.

2. In DMR zones for which only two height limits are established, only those portions of structures that contain only residential uses may exceed the lower height limit, and they may extend to the higher height limit established on the Official Land Use Map.

3. On lots in the DMR/C ((65/65-150)) 75/75-170 zone, the base height limit is ((65)) 75 feet, and it is the applicable height limit for all structures, except that:

a. The applicable height limit is 85 feet if the applicant qualifies for extra floor area under Section 23.49.023 and Chapter 23.58A, the structure has no non-residential or live-work use above ((65)) 75 feet, and the structure does not qualify for a higher height limit under this subsection 23.49.008.C.3.

b. The applicable height limit is ((150)) 170 feet if the applicant qualifies for extra floor area under Section 23.49.023 and Chapter 23.58A; the structure has no non-residential or live-work use above ((65)) 75 feet; the lot includes all or part of a mid-block corridor that satisfies the conditions of Section 23.58A.040, except to the extent any waiver of such conditions is granted by the Director; and the standards of subsection 23.49.156.B and Section 23.49.163 are satisfied.

4. On lots in the DMR/C ((65/65-85)) 75/75-95 zone, the base height limit is ((65)) 75 feet, and it is the applicable height limit for all structures, except that the applicable height limit is ((85)) 95 feet if the applicant qualifies for extra floor area under Section 23.49.023 and Chapter 23.58A and the structure has no non-residential or live-work use above ((65)) 75 feet.

* * *

F. In all Downtown zones except the IDM 75-85 and PMM-85 zones and all DH1, DH2, and PSM zones, and except for projects that receive additional height pursuant to subsection 23.49.008.G, an additional 10 feet in height is permitted above the otherwise applicable maximum height limit for residential uses for a structure that includes residential dwelling units that comply with all of the following conditions:

1. Unit number and size. The structure includes a minimum of ten dwelling units that each have a minimum area of 900 gross square feet and include three or more bedrooms; and

2. Amenity area. Each dwelling unit shall have access to an outdoor amenity area that is located on the same story as the dwelling unit and meets the following standards:

a. The amenity area has a minimum area of 1300 square feet and a minimum horizontal dimension of 20 feet; and

b. The amenity area must be common amenity area, except that up to 40% of the amenity area may be private provided that: the private and common amenity area are continuous and are not separated by barriers more than 4 feet in height; and the private amenity areas are directly accessible from units meeting these requirements; and

c. The common amenity area includes children's play equipment; and

d. The common amenity area is located at or below a height of 85 feet.

G. In DMC 85/75-170, DMR/C 75/75-95, DMR/C 75/75-170, IDM 85/85-170, IDM 165/85-170, IDR/C 125/150-270, and IDR 45/125-270 districts, and except for projects that receive additional height pursuant to subsection 23.49.008.F, an additional 10 feet in height is permitted above the otherwise applicable maximum height limit for residential uses for a structure that meets the following conditions:

1. For purposes of application of Chapter 23.58C to the portion of the structure below the otherwise applicable maximum height limit for residential uses:

a. At least ten units are provided in the structure to comply with Chapter 23.58C through the performance option pursuant to the calculation under subsection 23.58C.050.A;

b. Notwithstanding any contrary requirements of subsections 23.58C.050.C.3.a.2 and 23.58C.050.C.6.a, at least ten of the units provided to comply with Chapter 23.58C through the performance option shall, for a rental unit with net unit area of greater than 400 square feet, (1) at initial occupancy by a household, serve households with incomes no greater than 50 percent of median income, and (2) have rent levels such that monthly rent shall not exceed 30 percent of 50 percent of median income.

2. Units contained in the 10 additional feet of height available under subsection 23.49.008.G shall not be included for purposes of the calculation under subsection 23.58C.050.A and gross floor area contained in the 10 additional feet of height available under this subsection 23.49.008.G shall not be included for purposes of the calculation under subsection 23.58C.040.A.

Section 6. Subsection 23.49.011.A of the Seattle Municipal Code, which section was last amended by Ordinance 125291, is amended as follows:

23.49.011 Floor area ratio

A. General standards

1. The base and maximum floor area ratio (FAR) for each zone is provided in Table A for 23.49.011.

2. Chargeable floor area shall not exceed the applicable base FAR except as expressly authorized pursuant to this Chapter 23.49.

a. In DOC1, DOC2, and DMC zones that are located outside of South Downtown, if chargeable floor area above the base FAR is allowed on a lot for development that includes a new structure and the project is located within the Local Infrastructure Project Area for Downtown and South Lake Union as shown on Map A for 23.58A.044, the first increment of chargeable floor area above the base FAR, shown for each zone in Table B for 23.49.011, shall be gained by acquiring regional development credits pursuant to Section 23.58A.044.

b. In DOC1, DOC2, DH2, and DMC zones outside of South Downtown, additional chargeable floor area above the first increment of FAR that exceeds the base FAR may be obtained only by qualifying for floor area bonuses pursuant to Section 23.49.012 or Section 23.49.013, or by the transfer of TDR pursuant to Section 23.49.014, or both, except as otherwise expressly provided in this subsection 23.49.011.A.2. If the requirements of subsection 23.49.011.A.2.a do not apply, the first increment of floor area that exceeds the base FAR shall be zero.

c. In no event shall the use of bonuses, TDR, or regional development credits, or any combination of them, be allowed to result in chargeable floor area in excess of the maximum as set forth in Table A for 23.49.011, except that a structure on a lot in a planned community development pursuant to Section 23.49.036 or a combined lot development pursuant to Section 23.49.041 may exceed the FAR otherwise permitted on that lot, provided the chargeable floor area on all lots included in the planned community development or combined lot development as a whole does not exceed the combined total permitted chargeable floor area.

d. Except as otherwise provided in this subsection 23.49.011.A.2.d or subsections 23.49.011.A.2.f or 23.49.011.A.2.h, and except in South Downtown, not less than five percent of all floor area above the base FAR to be gained on any lot, excluding any floor area gained under subsections 23.49.011.A.2.a, 23.49.011.A.2.j, and 23.49.011.A.2.k, shall be gained through the transfer of Landmark TDR, to the extent that Landmark TDR are available. Landmark TDR shall be considered "available" only to the extent that, at the time of the Master Use Permit application to gain the additional floor area, The City of Seattle is offering Landmark TDR for sale, at a price per square foot no greater than the total bonus contribution under Section 23.49.012 for a project using the cash option for both housing and child care facilities. An applicant may satisfy the minimum Landmark TDR requirement in this Section 23.49.011 by purchases from private parties, by transfer from an eligible sending lot owned by the applicant, by purchase from the City, or by any combination of the foregoing. This subsection 23.49.011.A.2.d does not apply to any lot in a DMR zone.

e. Except as otherwise permitted under subsections 23.49.011.A.2.g, 23.49.011.A.2.h, or 23.49.011.A.2.l, on any lot outside of South Downtown except a lot in a DMR zone, the total amount of chargeable floor area gained through bonuses under Section 23.49.012, together with any housing TDR and Landmark housing TDR used for the same project, shall equal 75 percent of the amount, if any, by which the total chargeable floor area to be permitted on the lot exceeds the sum of:

1) The base FAR, as determined under this Section 23.49.011 and Section 23.49.032 if applicable, plus;

2) Any chargeable floor area gained on the lot pursuant to subsections 23.49.011.A.2.a, 23.49.011.A.2.g, 23.49.011.A.2.h, 23.49.011.A.2.j, and 23.49.011.A.2.k. Except in South Downtown, at least half of the remaining 25 percent shall be gained by using TDR from a sending lot with a major performing arts facility, to the extent available, and the balance of the 25 percent shall be gained through bonuses under Section 23.49.013 or through TDR other than housing TDR, or both, consistent with this Chapter 23.49. TDR from a sending lot with a major performing arts facility shall be considered "available" only to the extent that, at the time of the Master Use Permit application to gain the additional floor area, The City of Seattle is offering such TDR for sale, at a price per square foot not exceeding the prevailing market price for TDR other than housing TDR, as determined by the Director.

f. In order to gain chargeable floor area on any lot in a DMR zone outside of South Downtown, an applicant may:

1) Use any types of TDR eligible under this Chapter 23.49 in any proportions; or

2) Use bonuses under Section 23.49.012 or 23.49.013, or both, subject to the limits for particular types of bonus under Section 23.49.013; or

3) Combine such TDR and bonuses in any proportions.

g. On any lot in a DMC 145 or DMC 240/290-440 zone, in addition to the provisions of subsection 23.49.011.A.2.e, an applicant may gain chargeable floor area above the first increment of FAR above the base FAR through use of DMC housing TDR, or any combination of DMC housing TDR with floor area gained through other TDR and bonuses as prescribed in subsection 23.49.011.A.2.e.

h. If the amount of bonus development sought in any permit application does not exceed 5,000 square feet of chargeable floor area, the Director may permit such floor area to be achieved solely through the bonus for housing and child care.

i. No chargeable floor area above the base FAR shall be granted to any proposed development that would result in significant alteration to any designated feature of a Landmark structure, unless a certificate of approval for the alteration is granted by the Landmarks Preservation Board.

j. On a lot entirely in a DOC1 zone, additional chargeable floor area equal to 1.0 FAR may be permitted above the increment achieved through a commitment as prescribed in subsection 23.49.011.A.2.a, or above the base FAR after expiration of that subsection 23.49.011.A.2.a, on a lot that includes one or more qualifying Landmarks, subject to the following conditions:

1) The structure is rehabilitated to the extent necessary so that all features and characteristics controlled or designated by ordinance pursuant to Chapter 25.12 or Ordinance 102229 are in good condition and consistent with the applicable ordinances and with any certificates of approval issued by the Landmarks Preservation Board, all as determined by the Director of Neighborhoods; and

2) A notice shall be recorded in the King County Recorder's Office, in form satisfactory to the Director, regarding the bonus allowed and the effect thereof under the terms of this Chapter 23.49. For purposes of this Section 23.49.011, a "qualifying Landmark" is a structure that:

a) Has a gross floor area above grade of at least 5,000 square feet;

b) Is separate from the principal structure or structures existing or to be developed on the lot, except that it may abut and connect with one such structure along one exterior wall;

c) Is subject, in whole or in part, to a designating ordinance pursuant to Chapter 25.12, or was designated pursuant to Ordinance 102229; and

d) Is on a lot on which no improvement, object, feature, or characteristic has been altered or removed contrary to any provision of Chapter 25.12 or any designating ordinance. A qualifying Landmark for which a bonus is allowed under this subsection 23.49.011.A.2.j shall be considered a public benefit feature, but shall not be considered an amenity for purposes of Section 23.49.013. For so long as any of the chargeable floor area allowed under this subsection 23.49.011.A.2.j remains on the lot, each qualifying Landmark for which such bonus was granted shall remain designated as a Landmark under Chapter 25.12 and the owner shall maintain the exterior and interior of each qualifying Landmark in good condition and repair and in a manner that preserves the features and characteristics that are subject to designation or controls by ordinance, and that maintains compliance with all applicable requirements of federal, state and local laws, ordinances, regulations, and restrictions.

k. On a lot entirely in a DOC1 zone, as an incentive to maintain diversity in the scale of downtown development, additional floor area equal to 0.5 FAR may be granted above the increment achieved through a commitment as prescribed in subsection 23.49.011.A.2.a, or above the base FAR after expiration of subsection 23.49.011.A.2.a, on a lot that includes one or more qualifying small structures, subject to the conditions in this subsection 23.49.011.A.2.k.

1) A "qualifying small structure" is one that satisfies all of the following standards:

a) The gross floor area of the structure above grade is a minimum of 5,000 square feet and does not exceed 50,000 square feet;

b) The height of the structure is 125 feet or less, not including rooftop features as specified in subsection 23.49.008.D;

c) The structure was not constructed or substantially structurally modified since July 13, 1982; and

d) The structure is not occupied by parking above the ground floor.

2) If the structure is removed from the lot or ceases to be a qualifying small structure, then any development on the portion of the lot previously occupied by the structure, defined by a rectangle enclosing the exterior walls of the structure as they exist at the time the bonus is granted and extended to the nearest street frontage, shall be limited to a maximum floor area of 50,000 square feet for all uses and a maximum height of 125 feet, excluding any rooftop features as specified in subsection 23.49.008.D.

3) A notice shall be recorded with the King County Recorder's Office, in form satisfactory to the Director, regarding the bonus allowed and the effect thereof under the terms of this Chapter 23.49.

4) Bonus floor area under this subsection 23.49.011.A.2.k may not be granted on the basis of a Landmark structure for which bonus floor area is allowed under subsection 23.49.011.A.2.j, but may be allowed on the basis of a different structure or structures that are on the same lot as a Landmark structure for which such bonus floor area is allowed.

l. Additional floor area in the PSM 85-120 zone is subject to subsection 23.49.180.E.

m. In IDM, DMR, and DMC zones within South Downtown, chargeable floor area in excess of the base FAR may be obtained only by qualifying for floor area bonuses pursuant to Sections 23.58A.024 and 23.49.013, or by the transfer of TDR pursuant to Section 23.49.014, or both, and except as permitted in subsection 23.49.011.A.2.h, only if the conditions of this subsection 23.49.011.A.2.m also are satisfied:

1) For a new or existing structure, the applicant shall make a commitment that the proposed development will meet the green building standard and shall demonstrate compliance with that commitment, all in accordance with Chapter 23.58D.

2) Seventy-five percent of the chargeable floor area in excess of base FAR shall be gained through bonuses under Section 23.58A.024 ((or through use of Housing TDR from within South Downtown)).

3) Twenty-five percent of the chargeable floor area in excess of base FAR shall be gained by one or any combination of TDR or public open space amenities, subject to the conditions and limits of this Section 23.49.011, Section 23.49.013, Section 23.49.014, and the following:

a) TDR that may be used on a lot in South Downtown are limited to South Downtown Historic TDR, open space TDR from within South Downtown, Housing TDR from within South Downtown, or any combination of these consistent with this Chapter 23.49; and

b) Amenities eligible for a bonus on a lot in South Downtown are limited to public open space amenities pursuant to Section 23.49.013.

3. In a DOC1, DOC2, DRC, or DMC zone, for a lot that includes a qualifying Landmark structure with a performing arts theater, the base FAR specified in Table A for 23.49.011 is increased by 4 FAR, or by the amount of FAR between the base and maximum FAR of the zone, whichever is less, provided that the conditions of this subsection 23.49.011.A.3 are met.

a. For purposes of this subsection 23.49.011.A.3, a "qualifying Landmark structure with a performing arts theater" is a structure that is a designated Landmark pursuant to Chapter 25.12 and that meets the following:

1) The structure was built before 1930;

2) The structure contains performing arts theater space that has combined seating capacity in one or more venues for at least 800; and

3) The structure is subject to an ordinance granting incentives for and imposing controls on the Landmark structure.

b. At the time a qualifying Landmark structure with a performing arts theater uses the additional base FAR, either on the site or through transfer of TDR to another site, the following conditions shall be met:

1) The performing arts theater use established under approved permits, including combined seating capacity in one or more venues for at least 800, shall be ensured by binding covenants between the property owner and the City for at least 40 years from the first use of any of the additional base FAR, either on the site or through the first transfer of any TDR to another site; and

2) The Director, after consulting with the property owner, determines, as a Type I decision, that the property owner has executed a contract(s) with one or more theater groups or performing arts organizations for regularly scheduled use of the Landmark structure for live performances and that the anticipated use of the Landmark theater structure for live theater performances, combined with any other use of the structure, is adequate to contribute sufficiently to the presence of live theater in the Downtown Historic Theatre District established by Resolution 31341 and to support the desired level of activity in the area near the Landmark structure. In making this determination, the Director shall consider the following:

a) The extent and duration of the contract(s) between the property owner and one or more theater groups or performing arts organizations for regularly scheduled use of the Landmark structure for live performances;

b) The presence of uses in the structure that will contribute to activity in the area beyond the typical workday hours; and

c) Programmed use of the Landmark structure by other activities during periods when the structure is not in use for live performances; and

3) Any use of the additional base FAR on the site complies with all provisions of the designating ordinance and Chapter 25.12.

c. If a Landmark structure is on a lot that is not entirely regulated by a designating ordinance, then the area used to calculate the additional base FAR is the area of the footprint of the Landmark structure.

d. A lot that uses the additional base FAR on the site as allowed by this subsection 23.49.011.A.3 is not allowed to gain chargeable floor area under subsection 23.49.011.A.2.j.

e. If a qualifying Landmark structure with a performing arts theater is on a lot that is not entirely regulated by a designating ordinance, then the additional base FAR may be transferred as TDR to another site, or may be used on the site on the portion of the lot that is within the footprint of the Landmark structure, but shall not be used elsewhere on the lot.

4. The Master Use Permit application to establish any bonus development under this subsection 23.49.011.A.4 shall include a calculation of the amount of bonus development sought and shall identify the manner in which the conditions to such bonus development shall be satisfied. The Director shall, at the time of issuance of any Master Use Permit decision approving any such bonus development, issue a Type I decision as to the amount of bonus development to be allowed and the conditions to such bonus development, which decision may include alternative means to achieve bonus development, at the applicant's option, if each alternative would be consistent with this Section 23.49.011 and any other conditions of the permit, including Design Review if applicable.

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Section 7. Section 23.49.013 of the Seattle Municipal Code last amended by the ordinance introduced as Council Bill 118940, is amended as follows:

23.49.013 Bonus floor area for amenities

A. An applicant may achieve a portion of the chargeable floor area to be established in addition to base FAR through bonuses for amenities, subject to the limits in this Chapter 23.49. Amenities for which bonuses may be allowed are limited to:

1. Public open space amenities, including hillside terraces on sites shown as eligible for bonuses on Map 1J, urban plazas in DOC1, DOC2, and DMC 340/290-440 zones, parcel parks in DOC1, DOC2, DMC, DMR, DH2, and IDM zones, public atria in DOC1, DOC2, DMC 340/290-440, and DMC 85/((65-150)) 75-170 zones, and green street improvements and green street setbacks on designated green streets;

2. Hillclimb assists or shopping corridors on sites shown as eligible for these respective bonuses on Map 1J;

3. Human services uses as follows:

a. Information and referral for support services;

b. Health clinics;

c. Mental health counseling services;

d. Substance abuse prevention and treatment services;

e. Consumer credit counseling;

f. Day care services for adults; and

g. Jobs skills training services;

4. Public restrooms; and

5. Transit station access for fixed rail transit facilities.

B. Standards for amenities

1. Location of amenities. Amenities provided by the applicant by performance shall be located on the lot using the bonus, except as follows:

a. Green street improvements may be located within an abutting right-of-way subject to applicable Director's rules.

b. An open space amenity, other than green street improvements, may be on a lot other than the lot using the bonus, provided that it is within a Downtown zone and all of the following conditions are satisfied:

1) The open space must be open to the general public without charge, must meet the eligibility conditions of the Downtown Amenity Standards, and must be one of the open space features cited in subsection 23.49.013.A.1.

2) The open space must be within 1/4 mile of the lot using the bonus, except as may be permitted pursuant to subsection 23.49.013.B.1.b.4.

3) The open space must have a minimum contiguous area of 5,000 square feet, except as may be permitted pursuant to subsection 23.49.013.B.1.b.4.

4) Departures from standards for the minimum size of off-site open space and maximum distance from the project may be allowed by the Director as a Type I decision if the Director determines that if such departures are approved, the proposed open space will meet the additional need for open space caused by the project, and improve public access to the open space compared to provision of the open space on-site.

5) The owner of any lot on which off-site open space is provided to meet the requirements of this Section 23.49.013 shall execute and record an easement or other instrument in a form acceptable to the Director assuring compliance with the requirements of this Section 23.49.013, including applicable conditions of the Downtown Amenity Standards.

c. Public restrooms shall be on a ground floor; shall satisfy all codes and accessibility standards; shall be open to the general public during hours that the structure is open to the public, although access may be monitored by a person located at the restroom facility; shall be maintained by the owner of the structure for the life of the structure that includes the bonused space; and shall be designated by signs sufficient so that they are readily located by pedestrians on an abutting street or public open space. The Director is authorized to establish standards for the design, construction, operation, and maintenance of public restrooms qualifying for a bonus, consistent with the intent of this subsection 23.49.013.B.1.c to encourage the provision of accessible, clean, safe, and environmentally sound facilities.

2. Options for provision of amenities. Amenities must be provided by performance except as expressly permitted in this Section 23.49.013. The Director may accept a cash payment for green street improvements and a related voluntary agreement from the applicant, subject to this Section 23.49.013, the Downtown Amenity Standards, and ((the Green Street)) Director's Rule 11-2007 or its successor, if the Director determines that improvement of a green street abutting or in the vicinity of the lot within a reasonable time is feasible. The cash payment must be in an amount sufficient to improve fully 1 square foot of green street space for each 5 square feet of bonus floor area allowed for such payment. The cash payment shall be maintained in a restricted account and shall be used to improve a green street abutting or in the vicinity of the lot.

3. Ratios and limits. Amenities may be used to gain floor area according to the applicable ratios, and subject to the limits in Section 23.49.011 and in Table A for 23.49.013.

4. Downtown Amenity Standards

a. The Director shall approve a feature for a bonus if the Director determines that the feature satisfies the eligibility conditions of the Downtown Amenity Standards, and that the feature carries out the intent of this Section 23.49.013 and the guidelines in the Downtown Amenity Standards.

b. The Director may allow departures from the eligibility conditions in the Downtown Amenity Standards as a Type I decision, if the applicant can demonstrate that the amenity better achieves the intent of the amenity as described in this Chapter 23.49 and the Downtown Amenity Standards, and that the departure is consistent with any applicable criteria for allowing the particular type of departure in the Downtown Amenity Standards.

c. The Director may allow departures from the eligibility conditions in the Downtown Amenity Standards as a Type I decision, to allow floor area in a Landmark structure satisfying the standards of subsection 23.49.011.A.2.j or in a small structure satisfying the standards of subsection 23.49.011.A.2.k to qualify as floor area eligible for a bonus if adapted to serve as a hillclimb assist, museum, shopping corridor, or public atrium amenity.

d. The Director may condition the approval of a feature for a bonus as provided in the Downtown Amenity Standards.

5. Open space amenities. Open space amenities must be newly constructed on a lot in a Downtown zone in compliance with the applicable provisions of this Chapter 23.49 and the Downtown Amenity Standards.

6. Declaration. If amenities are to be provided on-site for purposes of obtaining bonus floor area, the owner shall execute and record a declaration in a form acceptable to the Director identifying the features and the fact that the right to develop and occupy a portion of the gross floor area on the site is based upon the long-term provision and maintenance of those amenities.

7. Duration; alteration. All bonused amenities shall be provided and maintained in accordance with the applicable provisions of this Section 23.49.013 and the Downtown Amenity Standards for as long as the portion of the chargeable floor area gained by the amenities exists. A permit is required to alter or remove any bonused amenity.

Section 8. Section 23.49.014 of the Seattle Municipal Code, which section was last amended by Ordinance 125291, is amended as follows:

23.49.014 Transfer of development rights

A. General standards

1. The following types of TDR may be transferred to the extent permitted in Table A for 23.49.014, subject to the limits and conditions in this Chapter 23.49:

a. Housing TDR;

b. DMC housing TDR;

c. Landmark housing TDR;

d. Landmark TDR;

e. Open space TDR; and

f. South Downtown Historic TDR.

2. In addition to transfers permitted under subsection 23.49.014.A.1, TDR may be transferred from any lot to another lot on the same block, as within-block TDR, to the extent permitted in Table A for 23.49.014, subject to the limits and conditions in this Chapter 23.49.

3. A lot's eligibility to be either a sending or receiving lot is regulated by Table A for 23.49.014.

4. Except as expressly permitted pursuant to this Chapter 23.49, development rights or potential floor area may not be transferred from one lot to another.

5. No permit after the first building permit, and in any event, no permit for any construction activity other than excavation and shoring or for occupancy of existing floor area by any use based upon TDR, will be issued for development that includes TDR until the applicant's possession of TDR is demonstrated according to rules promulgated by the Director to implement this Section 23.49.014.

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Section 9. Section 23.49.023 of the Seattle Municipal Code, which section was last amended by Ordinance 125163, is amended as follows:

23.49.023 Extra residential floor area and hotel floor area in South Downtown; transferable development potential (TDP); limits on TDP sending sites

A. Zones where extra residential floor area may be allowed. In South Downtown, extra residential floor area, as defined in subsection 23.58A.004.B, is permitted in DMC, DMR, IDM, and IDR zones and in PSM zones except the PSM 100 and PSM 85-120 zones according to this Section 23.49.023 and Chapter 23.58A.

B. Means to achieve extra residential floor area.

1. Except as provided in subsection 23.49.023.B.2, if ((If)) the maximum height limit for residential use is ((85))95 feet or lower, the applicant shall use housing bonus residential floor area, as defined in subsection 23.58A.004.B, to achieve all extra residential floor area on the lot. If the maximum height limit for residential use is greater than ((85))95 feet, the applicant shall use housing bonus residential floor area, as defined in subsection 23.58A.004.B, to achieve 60 percent of the total extra residential floor area on the lot. To the extent permitted under the provisions of the zone, the applicant shall achieve 40 percent of extra residential floor area through one or more of the following programs:

a((1)). bonus residential floor area for amenities pursuant to Section 23.58A.040; and/or

b((2)). transfer of transferable residential development potential pursuant to Section 23.58A.042; and/or

c((3)). bonus residential floor area for contributing structures pursuant to subsection 23.49.023.C.

2. In DMC, DMR, IDM and IDR zones in South Downtown, a development that qualifies for the exemption in subsection 23.58C.025.C may achieve extra residential floor area without meeting the requirements of subsection 23.49.023.B.1.

C. Bonus floor area for contributing structures in IDM and IDR zones. On a lot that is located within an IDM or IDR zone and that includes one or more contributing structures under Section 23.66.032, an amount of floor area up to the equivalent gross floor area within the contributing structure or structures, including floor area below grade that is rehabilitated as part of the structure, but not to exceed 40 percent of the total extra residential floor area to be gained on the lot, is allowed as bonus floor area if all the following conditions are met:

1. No South Downtown Historic TDR or TDP has been previously transferred from the lot of the contributing structure.

2. The structure has been determined to be contributing within no more than three years prior to using the bonus residential floor area under this subsection 23.49.023.C.

3. As a condition to using the bonus residential floor area under this subsection 23.49.023.C, except from a City-owned sending lot, the fee owner of the lot shall execute and record an agreement running with the land, in form and content acceptable to, and accepted in writing by, the Director of Neighborhoods, providing for the rehabilitation and maintenance of the historically significant structure or structures on the lot. The Director may require evidence that each holder of a lien has effectively subordinated the lien to the terms of the agreement, and that any holders of interests in the property have agreed to its terms. To the extent that the contributing structure requires restoration or rehabilitation for the long-term preservation of the structure or its historically or architecturally significant features, the Director of Neighborhoods may require, as a condition to acceptance of the necessary agreement, that the owner of the lot apply for and obtain a certificate of approval from the Director of Neighborhoods after review by the International Special Review District Board, as applicable, for the necessary work, or post security satisfactory to the Director of Neighborhoods for the completion of the restoration or rehabilitation, or both.

D. Transferable Development Potential (TDP)

1. Open space TDP may be transferred from a lot in any zone in South Downtown, subject to Section 23.58A.040, but only to a lot in South Downtown that is eligible to use TDP.

2. South Downtown Historic TDP may be transferred from a lot in any zone within the Pioneer Square Preservation District or the International Special Review District, subject to Section 23.58A.040, but only to a lot in South Downtown that is eligible to use TDP.

E. Limits on TDP sending sites

1. Development on any lot from which TDP is transferred is limited pursuant to Section 23.58A.040, any other provision of this Title 23 notwithstanding.

2. Lot coverage on any lot from which open space TDP is transferred is limited pursuant to Section 23.58A.040.

F. For new structures in PSM, IDM, DMR, and DMC zones within South Downtown that include extra residential floor area pursuant to Chapter 23.58A, the applicant shall make a commitment that the proposed development will meet the green building standard and shall demonstrate compliance with that commitment, all in accordance with Chapter 23.58D.

G. Extra floor area for hotel use in IDM ((75/85-150)) 85/85-170. In a mixed-use development that includes residential use and hotel use in an IDM ((75/85-150)) 85/85-170 zone, extra floor area for hotel use above base height limits may be gained under this Section 23.49.023 on the same terms and conditions as extra residential floor area if the structure otherwise qualifies to exceed base height limits under subsection 23.49.208.E. If extra residential floor area is gained for the same development, it shall be combined with any such extra floor area in hotel use for all purposes under this Section 23.49.023 and under Chapter 23.58A.

Section 10. Subsection 23.49.156.B of the Seattle Municipal Code, which section was last amended by Ordinance 125291, is amended as follows:

23.49.156 Downtown Mixed Residential, minimum lot size

* * *

B. This subsection 23.49.156.B applies within DMR zones in South Downtown.

1. The minimum lot size for any structure greater than ((85)) 95 feet in height is 40,000 square feet.

2. To meet the minimum lot size requirement, a lot may be combined with one or more abutting lots, whether occupied by existing structures or not, provided that the total area of the combined lots meets the minimum lot size requirement and the lot coverage of the proposed and any existing structures does not exceed the applicable lot coverage limits in Section 23.49.158.

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Section 11. Subsection 23.49.158.C of the Seattle Municipal Code, last amended by the ordinance introduced as Council Bill 118940, is amended as follows:

23.49.158 Downtown Mixed Residential, coverage and floor size limits

* * *

C. In South Downtown, the following coverage limits apply:

1. For structures up to ((85)) 95 feet in height, coverage limits are shown in Table B for 23.49.158:

((Table B for 23.49.158

Percent Coverage Permitted by Height Range

For Structures Up To 85 Feet in Height in South Downtown))

2. For buildings greater than ((85)) 95 feet in height, portions of structures above 65 feet in height are limited to 50 percent lot coverage.

Section 12. Subsection 23.49.164.D of the Seattle Municipal Code, which section was last amended by Ordinance 125291, is amended as follows:

23.49.164 Downtown Mixed Residential, maximum width, depth, and separation requirements

* * *

D. Facade width limits and separation requirements in South Downtown. On a lot in a DMR/C zone in South Downtown, the following standards apply:

1. For the portion of a structure ((65)) 75 feet in height or less, the maximum width of a street-facing facade is 250 feet.

2. For the portion of a structure above ((65)) 75 feet in height, the maximum width of a street-facing facade is 120 feet.

3. At all levels above ((65)) 75 feet in height, separate structures on a lot and separate portions of the same structure must be separated at all points by a minimum horizontal distance of 20 feet, or as specified in subsections 23.49.164.D.4 and 23.49.164.D.5 for structures separated by a mid-block corridor.

4. At all levels above 45 feet and up to ((85)) 95 feet in height, structures separated by a mid-block corridor must be separated at all points by a minimum horizontal distance of 45 feet, unless subsection 23.49.164.D.6 applies.

5. At all levels above ((85)) 95 feet in height, structures separated by a mid-block corridor must be separated at all points by a minimum horizontal distance of 55 feet, unless subsection 23.49.164.D.6 applies.

6. If a mid-block corridor abuts a side lot line that is not a street lot line, at all levels above 45 feet structures on that lot must set back from that side lot line at all points by a minimum horizontal distance of 45 feet.

7. Waiver or modification of requirements, limits, and standards

a. For developments in the International Special Review District, the Director may waive or modify the requirements, limits, and standards referred to in subsection 23.49.164.D.2 and 23.49.164.D.3 as a Type I decision if, upon consultation with the Director of Neighborhoods, the Director determines that waiving or modifying a requirement, limit, or standard will increase availability of affordable housing meeting the provisions of subsection 23.49.164.D.7.b and will better meet the goals and objectives of Section 23.66.302.

b. For purposes of this subsection 23.49.164.D.7, housing is affordable if it receives public funding and/or an allocation of federal low-income housing tax credits, and is subject to a regulatory agreement, covenant, or other legal instrument recorded on the property title and enforceable by The City of Seattle, Washington State Housing Finance Commission, State of Washington, King County, U.S. Department of Housing and Urban Development, or other similar entity as approved by the Director of Housing, which restricts at least 40 percent of the units to occupancy by households earning no greater than 60 percent of median income, and controls the rents that may be charged, for a minimum period of 40 years.

Section 13. Subsection 23.49.208.E of the Seattle Municipal Code, which section was last amended by Ordinance 123589, is amended as follows:

23.49.208 International District Mixed, structure height

* * *

E. In an IDM ((75/85-150)) 85/85-170 zone, the applicable height limit is ((75)) 85 feet unless:

1. ((all)) All floor area above a height of ((75)) 85 feet is in residential use; or

2. ((in)) In a mixed-use development that includes hotel use, the following conditions are met:

a. ((the)) The mixed-use development is on a lot with at least 40,000 square feet of the lot area located in an IDM ((75/85-150)) 85/85-170 zone;

b. ((fifty)) Fifty percent or more of the gross floor area on the lot, excluding parking, is in residential use; and

c. ((hotel)) Hotel use is the only type of non-residential use located above ((75)) 85 feet.

* * *

Section 14. Section 23.49.212 of the Seattle Municipal Code, enacted by Ordinance 123589, is amended as follows:

23.49.212 International District Mixed, upper-level development standards

A. In an IDM ((75/85-150)) 85/85-170 zone, upper-level development standards include upper-level setbacks and ((faade)) facade modulation.

1. Upper-level setbacks south of S. Weller Street. For structures south of S. Weller Street exceeding a height of 85 feet, an upper-level setback with an average depth of at least 15 feet from abutting street lot lines along the entire street frontage of the structure is required above a height of 45 feet. The minimum depth permitted for any portion of a setback required under this subsection 23.49.212.A.1 is 10 feet. The maximum depth of a setback that can be used for calculating the average setback is 30 feet.

2. Upper-level setbacks north of S. Weller Street. North of S. Weller ((St.)) Street, a continuous setback of at least 15 feet from abutting street lot lines is required for portions of a structure above 85 feet in height, except that no setback is required from street lot lines abutting S. Weller Street.

3. Green street upper-level setback. If a lot abuts a designated green street, a continuous upper-level setback of at least 20 feet is required for all portions of structures above a height of 45 feet along the green street lot line.

4. ((Faade)) Facade modulation. For a structure that exceeds 85 feet in height, modulation is required for the portion of a street-facing ((faade)) facade above 45 feet in height if any part of the ((faade)) facade above that height is located less than 15 feet from street lot lines and the ((faade)) facade above that height exceeds a length of 110 feet measured parallel to the street lot line. Projections from the street-facing ((faade)) facade or any other facade, such as balconies, within 15 feet of street lot lines or their projection, are included in this measurement of length. If ((faade)) facade modulation is required, a portion of the ((faade)) facade with a minimum length of 30 feet must be set back a minimum depth of 15 feet from street lot lines at all levels above 45 feet.

B. In the IDM ((150/85-150)) 165/85-170 zone, upper-level development standards include upper-level setbacks and ((faade)) facade modulation.

1. Upper-level setback. For lots abutting Maynard Avenue S., a continuous upper-level setback of at least 15 feet from the lot line abutting Maynard Avenue S. is required for portions of a structure above 45 feet in height.

2. ((Faade)) Facade modulation. For structures exceeding 85 feet in height, modulation is required for portions of the street-facing facade exceeding 65 feet in height and located less than 10 feet from a street lot line. The maximum length of a street-facing ((faade)) facade without modulation is 110 feet, measured parallel to the street lot line. Projections from the street-facing ((faade)) facade, such as balconies, are included in the measurement of length. Where ((faade)) facade modulation is required, a portion of the ((faade)) facade must set back a minimum depth of 10 feet from street lot lines for a minimum length of 30 feet.

Section 15. Section 23.49.242 of the Seattle Municipal Code, last amended by Ordinance 124843, is amended as follows:

23.49.242 International District Residential, development standards

A. Scope((:)) ; application to mixed-use structures. The provisions of this Section 23.49.242 apply in IDR and IDR/C zones. If residential and non-residential uses are combined in the same structure, the standards specified for the respective categories of use apply to that portion of the structure occupied by those uses. If uses subject to different standards are combined on the same story of a structure, the standards for the predominant use in the story apply. For purposes of this Section 23.49.242, ((live/work)) live-work uses are considered entirely ((nonresidential)) non-residential.

B. Minimum lot size requirement. The minimum lot size is 21,000 square feet for any structure exceeding a height of ((150)) 170 feet excluding rooftop features.

C. Coverage limits((.))

1. Upper-level coverage limits do not apply to structures 85 feet in height or less excluding rooftop features on lots of 8,000 square feet or less in IDR zones, or to structures 125 feet in height or less excluding rooftop features on lots of any size in IDR/C zones, or to rooftop features that are identified in Section 23.66.332.

2. For structures ((150)) 170 feet in height or less, coverage limits are shown in Table A for 23.49.242.

((Table A for 23.49.242

Coverage Limits Per Story for Structures 150 Feet in Height or Less))

3. For structures exceeding ((150)) 170 feet in height excluding rooftop features that include non-residential uses as the predominant use on any story wholly or in part above 45 feet in height, coverage limits are shown in Table B for 23.49.242.

((Table B for 23.49.242

Coverage Limits Per Story for Structures Exceeding 150 Feet in Height With Stories in Predominantly Non-Residential/Live-Work Use Above 45 feet in Height))

4. For structures exceeding ((150)) 170 feet in height excluding rooftop features that include residential uses as the predominant use on every story wholly or in part above 45 feet in height, coverage limits are shown in Table C for 23.49.242((:)).

((Table C for 23.49.242

Coverage Limits Per Story for Structures Exceeding 150 Feet in Height

With All Stories in Residential Use Above 45 feet in Height))

5. For any structure greater than ((150)) 170 feet in height excluding rooftop features, gross floor area of any story that is eligible for coverage limit averaging under Table B for 23.49.242 or Table C for 23.49.242 shall not exceed ((35)) 40 percent of the lot area, unless the average gross floor area of all stories eligible for averaging is no more than 9,000 square feet per story; and in any case no single story above a height of 85 feet shall exceed a gross floor area of 11,500 square feet. For purposes of this subsection 23.49.242.C.5, gross floor area for any story of less than 4,000 square feet is assigned a value of 4,000 square feet for the purpose of calculating average floor area.

D. Setbacks

1. The following minimum setbacks are required for structures on lots abutting a green street designated on Map 1F or another map identified in a note to Map 1F:

a. In an IDR zone, a continuous upper-level setback of 15 feet is required from the green street lot line for all portions of the structure above 45 feet in height. This setback is not required if a structure is 65 feet in height or less, except on Maynard Avenue S.

b. In an IDR/C zone, a continuous setback of 6 feet is required at street level from the green street lot line. For a structure exceeding 85 feet in height, a continuous upper-level setback of 16 feet is required from the green street lot line for all portions of the structure above a height of 65 feet.

2. For a structure exceeding 85 feet in height excluding rooftop features, a continuous upper-level setback of 15 feet is required from each side lot line that is not a street or alley lot line for all portions of the structure above a height of 65 feet.

E. ((Faade)) Facade modulation((.))

1. For structures ((150)) 170 feet or less in height excluding rooftop features, modulation is required for the portion of a street-facing facade above 65 feet in height and located less than 15 feet from street lot lines. No modulation is required for portions of a ((faade)) facade set back 15 feet or more from street lot lines.

2. For structures exceeding ((150)) 170 feet in height, modulation is required for the portion of a street-facing facade in non-residential use between 65 feet and 125 feet in height and located less than 15 feet from street lot lines. No modulation is required for portions of a ((faade)) facade set back 15 feet or more from street lot lines.

3. For portions of structures subject to the modulation requirements of this subsection 23.49.242.E, the maximum length of a street-facing ((faade)) facade without modulation is prescribed in Table D for 23.49.242. For purposes of this subsection 23.49.242.E, length is measured parallel to each street lot line and includes projections from the street-facing ((faade)) facade, such as balconies.

((Table D for 23.49.242: Faade Modulation))

4. Any portion of a facade subject to modulation under subsection 23.49.242.E.1 or ((2)) 23.49.242.E.2 that exceeds the maximum length of ((faade)) facade prescribed in Table D for 23.49.242 must include a portion set back a minimum depth of 15 feet from street lot lines for a minimum length of 30 feet.

F. Maximum ((Width)) width. For any story predominantly in residential use above 85 feet in height in a structure that exceeds ((150)) 170 feet in height not including rooftop features, the maximum width along the general north/south axis of a lot (parallel to the ((avenues)) Avenues) is 100 feet. The projection of unenclosed decks and balconies, and architectural features such as cornices, is disregarded in calculating maximum width.

Section 16. Table A for 23.58B.040.A of the Seattle Municipal Code, which section was last amended by Ordinance 125291, is amended as follows:

23.58B.040 Mitigation of impacts - payment option

* * *

* * *

Section 17. Table A for 23.58B.050 of the Seattle Municipal Code, which section was last amended by Ordinance 125291, is amended as follows:

23.58B.050 Mitigation of impacts performance option

* * *

* * *

Section 18. Subsection 23.58C.035.B of the Seattle Municipal Code, which section was last amended by Ordinance 125291, is amended as follows:

23.58C.035 Modification of payment and performance amounts

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B. Inability to use certain capacity

1. In a SM-U 75-240 or SM-U 95-320 zone, the performance calculation amount according to Table B for 23.58C.050 shall be reduced to six percent and the payment calculation amount according to Table B for 23.58C.040 shall be reduced such that it is equal to the amount that applies in SM-U 85 if the applicant demonstrates that the site does not meet the minimum lot size required for a highrise structure according to subsection 23.48.615.A.2, or that one or more specific requirements of Sections 23.48.635, 23.48.645, and 23.48.646 would prevent a highrise development from being able to achieve an average highrise floor area of at least 7,500 square feet for stories subject to the highrise floor area limit according to ((subsection)) Section 23.48.645. For purposes of this subsection 23.58C.035.B.1, the following shall apply:

a. Financial feasibility shall not be considered in determining whether a threshold could be achieved.

b. Recommendations by a Design Review Board shall not be considered requirements of Title 23.

2. In Downtown and SM-SLU zones listed in Table A for 23.58C.035, the payment calculation amount according to Table A for 23.58C.040 and the performance calculation amount according to Table A for 23.58C.050 shall be reduced if all of the conditions of subsections 23.58C.035.B.2.a and 23.58C.035.B.2.b are met. The amount of the reduction shall be as identified in subsections 23.58C.035.B.2.c and 23.58C.035.B.2.d.

a. If the development is located in a DOC1 zone, the development has a lot size of at least 16,000 square feet.

b. The applicant demonstrates that one or more specific requirements of Title 23 directly prohibit the development from being able to achieve the maximum size threshold or the secondary size threshold according to Table A for 23.58C.035 for the zone in which the development is located. For purposes of this subsection 23.58C.035.B.2, the following shall apply:

1) Financial feasibility shall not be considered in determining whether a threshold could be achieved.

2) Recommendations by a Design Review Board shall not be considered requirements of Title 23.

3) The development shall be considered able to achieve the secondary or maximum size threshold according to Table A for 23.58C.035 if any portion of the development to which this Chapter 23.58C applies containing occupiable space could achieve that size threshold, excluding rooftop features.

c. If the project cannot achieve the secondary size threshold for the applicable development standard in Table A for 23.58C.035, the payment calculation amount according to Table A for 23.58C.040 and the performance calculation amount according to Table A for 23.58C.050 shall be reduced by the maximum reduction percentage according to Table A for 23.58C.035.

d. If the project can achieve the secondary size threshold, but cannot achieve the maximum size threshold for the applicable development standard in Table A for 23.58C.035, the payment calculation amount according to Table A for 23.58C.040 and the performance calculation amount according to Table A for 23.58C.050 shall be reduced by a percentage equal to the maximum reduction percentage in Table A for 23.58C.035 multiplied by the difference of the maximum size threshold minus the size that could be achieved under requirements of Title 23 and divided by the difference of the maximum size threshold minus the secondary size threshold, provided that the total reduction shall never be more than the maximum reduction percentage.

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Section 19. Table A for 23.58C.040 of the Seattle Municipal Code, which section was last amended by the ordinance introduced as Council Bill 118982, is amended as follows:

23.58C.040 Affordable housing payment option

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Section 20. Table A for 23.58C.050 of the Seattle Municipal Code, which section was last amended by the ordinance introduced as Council Bill 118982, is amended as follows:

23.58C.050 Affordable housing performance option

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Section 21. Map A for Section 23.41.006 of the Seattle Municipal Code, last amended by Ordinance 123046, is amended as follows:

Map A for 23.41.006 Design Review Board Districts

Section 22. Map 1B and Map 1C for Section 23.49 of the Seattle Municipal Code, last amended by Ordinance 123589, and Map 1F, Map 1G, and Map 1H for Section 23.49 of the Seattle Municipal Code, last amended by Ordinance 124680, are amended as follows:

Map 1B Street Classifications

Map 1C Sidewalk Widths

Map 1F: Pedestrian Street Classifications

Map 1G: Street Level Uses Required

Map 1H: Property Line Facades

Section 23. Map A for Section 23.66.302 of the Seattle Municipal Code, last amended by Ordinance 123589, is amended as follows:

Section 24. Map B for Section 23.66.326 of the Seattle Municipal Code, last amended by Ordinance 123589, is amended as follows:

Section 25. Sections 21, 22, 23, and 24 of this ordinance shall take effect and be in force on January 1, 2018.

Section 26. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020.

Passed by the City Council the ________ day of _________________________, 2017, and signed by me in open session in authentication of its passage this _____ day of _________________________, 2017.

____________________________________

President ____________ of the City Council

Approved by me this ________ day of _________________________, 2017.

____________________________________

Edward B. Murray, Mayor

Filed by me this ________ day of _________________________, 2017.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)

Exhibits:

Exhibit A Chinatown International District Rezone Map

Exhibit B Findings of Fact