The following sections set forth the property development regulations of the B-TOD District.
(Ord. 2020-012 § 3)
A.
Minimum Lot Area. 10,000 square feet.
B.
Minimum Lot Width. 100 feet.
C.
Maximum Block Length. Blocks shall not exceed 440 feet in length on any one side measured from curb edge to curb edge. An Administrative Exception per Section 2.10.408 may be approved to increase the allowable block length to a maximum of 484 feet if it is found that the location or shape of the site, use of the property, or design of buildings warrant a variation, and it is found that the project design enhances pedestrian activity, provides active building frontages, and provides publicly accessible connections to the public circulation network.
(Ord. 2020-012 § 3)
A.
Required Setbacks. Minimum and maximum building setbacks are as follows. Minimum building setbacks shall apply unless otherwise allowed in Subsections B and C below. A minimum of 70 percent of the linear street frontage shall comply with the maximum setback.
Hesperian Boulevard | Fairmont Drive | East 14th Street | All Other Publicly Accessible Streets | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
All Use Types | All Use Types | All Use Types | Ground-Floor Nonresidential Other Than Office | Ground-Floor Office | Ground-Floor Residential and Mixed-Use | |||||||
min | max | min | max | min | max | min | max | min | max | min | max | |
Street-Facing Setback (ft) | 8 | 20 | 12 | 20 | 0 | 12 | 0 | 6 | 8 | 12 | 8 | 20 |
Interior Side Setback (ft) | 0 | n/a | 0 | n/a | 0 | n/a | 0 | n/a | 0 | n/a | 0 | n/a |
Rear Setback (ft) | 0 | n/a | 0 | n/a | 0 | n/a | 0 | n/a | 0 | n/a | 0 | n/a |
B.
Required Building Location. The following building location requirements apply:
1.
Corner Build Area. Buildings shall be located within the required setback range within 50 feet of the street corner.
2.
Frontage Improvements. The area between buildings and the property line shall be improved as part of a wider sidewalk, as outdoor dining/seating area, or with landscaping.
3.
Exceptions. Building location requirements may be modified or waived through an Administrative Exception per Section 2.10.408 upon finding that:
a.
Entry courtyards, plazas, entries, or outdoor eating areas are located adjacent to the property line and buildings are built to the edge of the courtyard, plaza, or dining area; or
b.
The building incorporates an alternative design that creates an engaging pedestrian area and welcoming entry feature facing the street.
C.
Projections into Required Setbacks.
1.
Projections into required setbacks shall be permitted consistent with Section 4.04.312 Building Projections into Yards and Courts provided a minimum vertical clearance of ten feet, or as required for fire access, whichever is greater, is provided from finished grade to the bottom of the projection.
2.
Occupied building area may project into the required setback area for a maximum of 65 percent of the length of the building frontage provided a minimum vertical clearance of 13.5 feet from finished grade to the bottom of the projection.
3.
The total area of all projections shall not exceed 50 percent of the street facing building facade area.
Figure 2 Setback Range and Corner Build Diagram  |
(Ord. 2020-012 § 3)
B-TOD Sub-Area/Height Transition Overlay | Minimum | Maximum(A) | ||
|---|---|---|---|---|
Height (ft.) | Stories | Height (ft.) | Stories | |
Sub-Area 1 | 45(C) | 4(C) | 90(B) | 8(B) |
Sub-Area 2 | 30(C) | 2(C) | 70 | 6 |
Sub-Area 3 | Nonresidential buildings: At least 75 percent of the total street-facing building frontage shall be a minimum of 25 Other buildings: n.a. | n/a | 50 | 4 |
Residential Height Transition Overlay | See applicable Sub-Area | See applicable Sub-Area | Daylight Plane(D) | |
Corridor Height Transition Overlay | See applicable Sub-Area | See applicable Sub-Area | 58(B) | 5(B) |
Applicable within 40 ft of the front property line or back of sidewalk, whichever is greater. | ||||
A.
General Exceptions to Height Limits. The maximum height of a structure shall be subject to the regulations of Section 4.04.320 Exceptions to Height Limits.
B.
Increased Sub-Area 1 and Corridor Height Transition Overlay Height. An Administrative Exception per Section 2.10.408 may be approved to increase building heights and stories in Sub-Area 1 and within the Corridor Height Transition Overlay if it is found that the additional height is necessary to accommodate additional residential density, the additional height will not be substantially detrimental to the solar access or privacy of other structures or uses in the surrounding area, and design features minimize the perceived mass and bulk created by the increased height.
C.
Reduced Minimum Height and Stories, Nonresidential Buildings. In Sub-Areas 1 and 2, the required minimum height and number of stories may be reduced for nonresidential buildings provided 75 percent or more of the total street-facing building frontage(s) is 25 feet or more in height.
D.
Daylight Plane Regulations for Parcels in the Residential Height Transition Overlay. Structures located in the "Residential Height Transition Overlay" shown in Figure 1, B-TOD Sub-Areas and Height Transition Overlays, shall not intercept a one-to-one (1:1) or 45 degree daylight plane incline inward from a height of eight feet above existing grade at the adjacent R District boundary line. (Please refer to Figure 2 "Required Daylight Plane at Adjoining Districts – B-TOD District.") Roof-mounted equipment screening, mechanical equipment screening, parapet walls, and rooftop amenities are exempt from this requirement.
Figure 3 Required Daylight Plane for Parcels in Residential Height Transition Overlay  |
Figure 4 Required Daylight Plane for Parcels in Corridor Height Transition Overlay  |
(Ord. 2020-012 § 3)
A.
Density for Multi-Family Residential and Mixed-Use Residential Development. The minimum density for residential and mixed-use development is as prescribed below. For minimum density calculations that result in fractional amounts, numbers of one half or greater shall be rounded up to the nearest whole integer; numbers less than one half shall be rounded down to the nearest whole integer.
B-TOD Sub-Area | Minimum Density (Dwelling Unit/Acre) |
|---|---|
Sub-Area 1 | 65 |
Sub-Area 2 | 60 |
Sub-Area 3 | 20 |
(Ord. 2020-012 § 3)
A.
Maximum Lot Coverage and Minimum Open Area. Lot coverage shall not exceed 80 percent. A minimum of 20 percent of the site shall be open area. Open area at the podium level that can be accessed by building occupants is considered open area and shall not count towards lot coverage.
(Ord. 2020-012 § 3)
Private Open Space, Common Open Space, and Publicly Accessible Open Space shall be provided for all new construction, establishment of new residential uses, and additions of 10,000 square feet or more of gross floor area in compliance with the standards of this section. No portion of required open space shall be used for driveways or off-street parking and loading facilities, nor may one area of open space be double counted as satisfying the requirements of multiple types of required open space. However, the area provided to meet the open space requirement may count toward other site requirements such as landscaping, amenities, and stormwater retention and control if the area provided as open space also meets the criteria of those individual requirements.
Use Classification | Minimum Open Space | Note |
|---|---|---|
Residential, Mixed-Use Residential | ||
Private and/or Common Open Space | 60 SF per dwelling unit | May be provided as any combination of Private and Common Open Space. See Subsections 2.10.324.A and 2.10.324.B. |
Publicly-Accessible Open Space | 25 SF per dwelling unit | Applicable only to Sub-Area 1 and Sub-Area 2. See Subsection 2.10.324.C |
Office > 20,000 Gross Square Feet (GSF) | ||
Common Open Space and/or Publicly Accessible Open Space | 50 SF per 1,000 GSF | A minimum of 25 SF per 1,000 GSF shall be provided as Publicly Accessible Open Space in compliance with Subsection 2.10.324.C. Common Open Space shall comply with Subsection 2.10.324.B |
Nonresidential Other than Office > 20,000 Gross Square Feet (GSF) | ||
Publicly-Accessible Open Space | 25 SF per 1,000 GSF | See subsection 2.10.324.C |
A.
Private Open Space. Private Open Space provides open space areas for the exclusive use of the occupants of a single dwelling unit and includes, but is not limited to balconies, decks, terraces, patios, fenced yards, and other similar private areas.
B.
Common Open Space. Common Open Space provides shared access for all building occupants and includes, but is not limited to, courtyards, terraces, forecourts, gardens, outdoor dining areas, plazas, landscaped areas, patios, swimming pools, barbeque areas, tennis courts, playgrounds, recreation areas, gardens, rooftop amenities, and other similar common areas intended for shared use by building occupants.
1.
Minimum Dimensions. Common Open Space shall have at least one minimum 20-foot dimension except as provided below.
a.
Residential Courtyards. Common Open Space areas with residential units facing on two opposite sides shall have a minimum width equal to the height of the shortest building façade facing the courtyard.
2.
Accessibility. Common Open Space shall be accessible to all building occupants.
3.
Surfacing. A surface shall be provided that allows convenient use for outdoor living and/or recreation. Such surface may be any practicable combination of lawn, garden, flagstone, wood planking, concrete, decking, or other serviceable, dust-free surfacing.
C.
Publicly Accessible Open Space. Publicly Accessible Open Space includes paseos, plazas, outdoor dining areas, dog parks, recreation areas, and other similar areas available for use by the public. Publicly Accessible Open Space shall be provided on-site and in accordance with the following standards or met through Alternative Compliance options pursuant to Subsection 2.10.324.C.2, Alternative Compliance.
1.
Publicly Accessible Open Space Standards.
a.
Ownership and Maintenance. Publicly Accessible Open Space must be either offered as dedication to the City or privately owned and maintained with dedication of a public access easement. Publicly Accessible Open spaces shall be maintained at no public expense. The owner of the property on which the open space is located shall maintain it by keeping the area clean and free of litter and keeping in a healthy state any plant material that is provided.
b.
Minimum Dimensions. Publicly Accessible Open Space shall have at least one minimum 35-foot dimension.
c.
Design Features. Publicly Accessible Open Spaces shall:
i.
Be unobstructed by fully enclosed structures;
ii.
Include any practicable combination of lawn, garden, flagstone, wood planking, concrete, decking, or other serviceable, dust-free surfacing;
iii.
Not exceed a ten percent slope;
iv.
Provide pedestrian circulation;
v.
Provide pedestrian-scale lighting;
vi.
Provide one or more plaques visible to the public stating the right of the public to use the space, the type of open space, and the hours of use;
vii.
Maintain a smoke-free environment; and
d.
Location. Publicly Accessible Open Space shall:
2.
Alternative Compliance.
a.
Park Land Dedication. Park land dedicated and improved consistent with Municipal Code Chapter 7-1 shall count towards the required Publicly Accessible Open Space.
b.
Residential Projects with Fewer than 50 Units. Multi-family residential and residential mixed-use developments with fewer than 50 residential units may opt to pay the Park Facilities Development Impact Fee established by Municipal Code Chapter 7-13 in lieu of providing dedicated and improved park land and/or Publicly Accessible Open Space.
c.
Programmed Use. Publicly Accessible Open Space designed for concentrated and programmed public use – such as playgrounds, recreational areas, or other programmed public spaces – may be credited at a 2:1 ratio with approval of an Administrative Exception per Section 2.10.408.
d.
Development Sites Over Five Acres. The Publicly Accessible Open Space requirement for projects on sites over five acres may be reduced with Development Plan approval where the review authority finds that usable Publicly Accessible Open Space has been provided to promote gathering, enjoyment, and active use by a broad range of the community, consistent with the Bay Fair TOD Specific Plan, to the maximum extent feasible and the design, location, and amenities compliment the area-wide open space network. At no time shall the Publicly Accessible Open Space requirement be reduced to less than one acre.
(Ord. 2020-012 § 3; Ord. 2022-001 § 3)
A.
Pedestrian Access. Pedestrian accessways shall be provided for all new construction and additions of 10,000 square feet or more of gross floor area in accordance with the following standards.
1.
Internal Connections. A system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas or pedestrian amenities.
2.
To the Public Circulation Network. An on-site walkway shall connect the primary building entry or entries to the public pedestrian circulation network on each street frontage. Connections between on-site walkways and the public pedestrian circulation network, including public sidewalks, public trails, and other planned or existing public pedestrian routes, shall be provided at least every 200 feet along portions of the development site perimeter that are adjacent to public rights-of-way.
3.
To Neighbors. Pedestrian access shall be provided from commercial and mixed-use projects to adjoining residential and commercial areas.
4.
To Transit. Pedestrian connections shall be provided from transit stops to building entrances.
B.
Required New Connections and Frontage Improvements. Publicly accessible connections and frontage improvements consistent with the Bay Fair TOD Specific Plan, the Master Plan of City Streets, and the Subdivision Improvement Standards shall be provided for all subdivisions, new construction, and additions of 10,000 square feet or more of gross floor area.
C.
Ground Floor Height.
1.
Residential Uses. The minimum ground floor height for residential uses is 12 feet measured floor to floor.
2.
Nonresidential Uses. The minimum ground floor height for nonresidential uses is 14 feet measured floor to ceiling.
3.
Exception, Change of Use. The minimum ground floor height requirements do apply to changes of use in existing buildings.
D.
Tenant Space Depth. Nonresidential ground floor interior tenant space shall be a minimum of 40 feet in depth.
E.
Building Transparency/Required Openings. Exterior walls facing and within 20 feet of a front or street side lot line, public accessway, or public open space shall run in a continuous plane for no more than 25 feet without an opening and shall, at minimum, include windows, doors, or other openings as listed below.
1.
Required Transparency.
a.
Residential Uses. A minimum of 40 percent of the building wall area located between two and one-half and seven feet above ground level.
b.
Office Uses. A minimum of 50 percent of the building wall area located between two and one-half and seven feet above ground level.
c.
Nonresidential Uses Other than Office. A minimum of 60 percent of the building wall area located between two and one-half and seven feet above ground level.
2.
Design of Openings. Openings fulfilling this requirement shall have transparent glazing with a visible light transmittance of not less than 80 percent and provide views into work areas, display areas, sales areas, lobbies, or similar active spaces, or into window displays that are at least three feet deep.
3.
Reductions. An Administrative Exception reducing or waiving the building transparency requirement may be granted per Section 2.10.408 upon finding that:
a.
The proposed use has unique operational characteristics incompatible with providing the required windows and openings, and
b.
The proposed walls exhibit architectural relief and detail and/or will be enhanced with landscaping in such a way as to create visual interest at the pedestrian level.
Figure 5 Required Transparency  |
F.
Entrances. Building entrances shall be provided in accordance with the following standards. An Administrative Exception to the entrance requirements may be granted per Section 2.10.408 where the location or shape of the site, use of the property, or design of the building warrant a variation and it is found that alternative design treatments are incorporated to provide active building frontages, enhance pedestrian activity, provide visual surveillance, and, in the case of residential development, create a transition between the public and private realm.
1.
Minimum Number of Entrances. There shall be a minimum of one entrance for every 50 feet of building frontage with a maximum separation of 100 feet between entrances.
2.
Separate Entrances Required. Buildings containing a mix of residential and nonresidential uses shall provide separate building entrances for each use. Amenity areas such as exercise rooms do not require separate building entrances from the primary use.
3.
Orientation. Principal building entrances shall face a public street, public accessway, or public open space and shall lead to a common area a minimum of ten feet in each dimension. Common areas include customer areas, lobbies, fitness areas, and community rooms. Where entrances are recessed, the required common area may be provided as outdoor space designed as outdoor dining areas or areas with outdoor seating.
a.
Corner Entrances. Entrances located at corners shall provide an entrance toward both streets or have a corner entrance at a 45 degree angle to the corner.
4.
Access. All building and dwelling units located in the interior of a site shall have entrances from a pedestrian walkway that is designed as an extension of the public sidewalk and connects to a public sidewalk.
5.
Finished Floor Elevation, Residential Dwelling Unit Entries. The finished floor elevation of entries of ground floor dwelling units shall be between two and four feet above the adjacent ground level.
6.
Illumination. Building entries and addresses shall be illuminated to provide nighttime visibility from adjacent streets, public accessways, and common areas.
G.
Articulation. Buildings shall be designed in accordance with the following standards. An Administrative Exception to the articulation requirements may be granted per Section 2.10.408 where alternative building design or articulation elements have been incorporated to provide visual interest and avoid a large-scale, bulky, or monolithic appearance.
1.
Major Massing Break. Any building over 100 feet wide shall provide a massing break with a minimum width of 20 feet and minimum depth of 20 feet at least every 100 feet.
3.
Vertical Articulation. The street-facing ground floor of buildings shall be differentiated from upper floors by the use of at least three of the following architectural techniques: greater floor to ceiling height, different colors, different materials, different facade planes, projections, minor massing breaks, individual unit entries for ground-floor residential use, or more frequently occurring windows on ground floors than upper floors.
a.
Buildings over three stories in height shall use different materials between the first floor and upper floors along a minimum of 75 percent of each façade fronting a street, public accessway, or public open space.
4.
Horizontal Alignment. Horizontal building elements shall be aligned within three feet of like building elements on the same façade or other buildings on the same block.
5.
Architectural Details. Buildings shall include three of the following architectural details: reveals, course lines, decorative cornices, columns, canopies, arbors, trellises, fins, louvers, or other architectural detailing.
6.
Material and Color Palettes. Each façade shall utilize three or more colors and three or more high- quality, durable building materials (not including glazing and railings). Any one material shall comprise at least 20 percent of the building frontage, excluding windows and railings. A change in material shall be offset by a minimum of six inches in depth.
7.
Consistent Design and Details. All building frontages visible from streets, public accessways, and public open space shall be designed with the same materials and level of detail.
H.
Balconies.
1.
Minimum Dimension. Balconies shall have a minimum dimension of six feet if counted towards private open space requirements in Section 2.10.324.
2.
Orientation. When located within 40 feet of a R District, balconies shall not front or overlook adjacent parcels in R Districts. An Administrative Exception to this requirement may be granted per Section 2.10.408 where the location or shape of the site, design of development, building orientation, or incorporation of screening or other techniques provide privacy and preclude overlook from the balcony into private residential spaces.
I.
Structured Parking Design.
1.
Design. Structured parking shall be underground, located behind conditioned space, or designed with exterior walls that screen structural elements of the garage from view from any adjacent street, sidewalk, or other publicly accessible accessway or open space area.
2.
Façade. Structured parking shall maintain horizontal lines throughout the façade and shall not repeat the sloping floor lines of interior parking ramps on the façade.
3.
Vehicular Entry. At grade entries facing the street shall be no more than 20 feet wide, located a minimum of 18 feet from the back of sidewalk, and recessed a minimum of three feet from the façade unless an Administrative Exception per Section 2.10.408 is granted upon finding that other design treatments and details that minimize the apparent width and prominence of the entrance in accordance with the buildings predominant architectural character have been incorporated.
4.
Pedestrian Entry. An at grade pedestrian entry, including a walking path to the public pedestrian circulation network, shall be provided on each street frontage.
5.
Lighting. Structured parking shall be designed such that interior lighting shall be fully shielded and automobile headlamps shall not be visible from adjacent buildings, parcels, streets, public parks, publicly accessible outdoor space or designated open space area.
J.
Renewable Energy Resources. On-site renewable energy systems are encouraged.
(Ord. 2020-012 § 3)
A.
Required Amenities. Projects subject to Site Plan Review per Section Chapter 5.12 shall include amenities that enhance the livability of the project and are not required elsewhere in this chapter. An Administrative Exception per Section 2.10.408 may be approved to allow alternative amenities that are comparable in value and benefit to residents. Projects shall include at least four of the following amenities. Outdoor spaces provided per the specifications of Section 2.10.324 that also appear on the following list may also be counted as required amenities:
1.
Conference room.
2.
Electric vehicle (EV) charging stations or 220 V power outlet for 25 percent of required parking spaces.
3.
Fitness center.
4.
Lap pool.
5.
Tenant activity area, such as joint eating and cooking area, clubhouse, play area, screening room, or other activity area.
6.
On-site commercial child care facility.
7.
Pet washing facility or relief area.
8.
Playground or outdoor active recreation facility.
9.
Public art.
10.
Storage rooms for use by individual residents.
11.
Study room and/or library.
(Ord. 2020-012 § 3)
A.
Parking Access. Access to parking and loading areas shall comply with the following standards.
1.
Alley Access. Access shall be from an alley. Where no alley exists, access shall be from the street anticipated to have the least amount of pedestrian use.
2.
Shared Access. Shared access between adjacent properties is allowed.
3.
Curb-cuts.
a.
Number. A maximum of one curb cut per 200 feet of curb length on a single project site is allowed, unless otherwise required for emergency vehicle access, in which case a second curb-cut may be provided.
b.
Location. Curb cuts shall be located a minimum of 50 feet from street corners.
c.
Width.
i.
One-way Driveways. Curb cuts for one-way driveways shall not exceed 12 feet in width (plus the flare), or the minimum required for emergency vehicle access.
ii.
Other Curb Cuts. The width of other curb-cuts shall not exceed 20 feet (plus the flare), or minimum required for emergency vehicle access.
B.
Surface Parking Area Design.
1.
Location. Surface parking areas shall not be located within 40 feet of a street facing property line, as measured perpendicularly from the property line.
2.
Surfacing. Pavement areas for surface parking areas, inclusive of parking spaces, drive-ways, and drive aisles, shall not cover more than 30 percent of the total lot area.
3.
Shading. At least 50 percent of the surface parking area shall be shaded by tree canopy, solar panels, or combination of tree canopy and solar panels. If shade is provided by trees, the amount of required shading is to be reached within 15 years.
C.
Loading.
1.
Maximum Width. Loading docks shall not exceed 20 feet in width.
2.
Screening. Loading docks shall be screened from view by fencing, landscaping, or architectural elements from any adjacent street, sidewalk, or other publicly accessible accessway or open space area.
3.
Design. Loading docks shall be internal to the building envelope and equipped with closable doors.
(Ord. 2020-012 § 3)
In addition to the general requirements prescribed in Chapter 4.16 Landscape Requirements, landscaping shall be installed consistent with the following.
A.
Areas to be Landscaped. In addition to areas required to be landscaped pursuant to other sections of this chapter, the following areas shall be landscaped:
1.
Minimum Landscaped Area. A minimum of ten percent of lot area shall be landscaped.
2.
Street Facing Setbacks. All open areas within the street facing setback range, other than those areas used for pedestrian access, vehicle access, seating, parking and loading, gathering spaces, and/or public art.
3.
Adjacent to Residential Uses. Whenever a nonresidential use is located adjacent to an existing ground floor residential use, a six foot wide landscape buffer shall be provided along interior property lines. A minimum of one tree of at least 15-gallon size and four shrubs shall be planted per 30 linear feet. An Administrative Exception may be granted per Section 2.10.408 to allow an alternative size and number of trees where it is found they will provide an appropriate tree canopy over the buffer yard.
B.
Materials. Required landscape areas shall be planted with a combination of trees, shrubs, and groundcover. Required landscaping may be at the ground level, podium level, or roof level.
1.
Trees. A minimum of one 24-inch box size or greater tree shall be planted per 25 linear feet of landscape area. Tree grates shall be used for trees located in hardscape areas.
2.
Shrubs. Shrubs shall be a container size of five gallons or greater at planting and planted at spacing distances appropriate for the plant species.
3.
Groundcover. Landscaped areas that are not planted with trees or shrubs shall be planted with groundcover plants. Mulch (as a ground cover) shall be confined to areas underneath plants and is not a substitute for ground cover plants.
C.
Edible Landscaping. Edible landscaping, including fruit trees and gardens, are considered landscaped areas and count toward required landscaping. Community gardens shall comply with Section 4.04.380 Community Gardens.
D.
Stormwater Management Areas. Vegetated stormwater management facilities count toward required landscaping.
(Ord. 2020-012 § 3)
Mitigation Measures. All development shall comply with applicable mitigation measures contained in the Bay Fair TOD Specific Plan Environmental Impact Report (EIR).
(Ord. 2020-012 § 3)