Chapter 17.30 R-80 HIGH-RISE APARTMENT RESIDENTIAL ZONE REGULATIONS

17.30.010 Title, purpose, and applicability.

17.30.040 Required design review process.

17.30.050 Permitted activities.

17.30.060 Conditionally permitted activities.

17.30.070 Permitted facilities.

17.30.080 Conditionally permitted facilities.

17.30.090 Special regulations applying to certain Commercial Activities.

17.30.100 Performance standards for Commercial Activities.

17.30.110 Use permit criteria for Commercial Activities.

17.30.120 Limitations on Signs.

17.30.130 Minimum lot area, width, and frontage.

17.30.140 Maximum residential density.

17.30.150 Maximum floor-area ratio.

17.30.160 Maximum height.

17.30.170 Minimum yards and courts.

17.30.180 Minimum usable open space.

17.30.190 Buffering.

17.30.200 Special regulations for mini-lot developments, planned unit developments, and large-scale developments.

17.30.210 Other zoning provisions.

17.30.010 Title, purpose, and applicability.

The provisions of this chapter shall be known as the R-80 high-rise apartment residential zone regulations. The R-80 zone is intended to create, preserve, and enhance areas for high-rise apartment living at high densities in desirable settings, and is typically appropriate to areas near major shopping and community centers and rapid transit stations. These regulations shall apply in the R-80 zone. (Prior planning code § 3850)

17.30.040 Required design review process.

Except for projects that are exempt from design review as set forth in Section 17.136.025, no Local Register Property, Residential Facility, Mixed Use Development, Telecommunications Facility, Sign, or other associated structure shall be constructed, established, or altered in exterior appearance, unless plans for the proposal have been approved pursuant to the design review procedure in Chapter 17.136, and when applicable, the Telecommunications regulations in Chapter 17.128, or the Sign regulations in Chapter 17.104. (Ord. 12776 § 3, Exh. A (part), 2006: Ord. 11904 § 5.60 (part), 1996: prior planning code § 3852.1)

17.30.050 Permitted activities.

The following activities, as described in the use classifications in Chapter 17.10, are permitted:
A. Residential Activities:
Permanent
Residential Care occupying a One-Family Dwelling Residential Facility
Semi-Transient
B. Civic Activities:
Essential Service
Limited Child-Care
Community Assembly
Community Education
Nonassembly Cultural
Telecommunications
(Ord. 12138 § 5 (part), 1999; Ord. 11904 § 5.08 (part), 1996; prior planning code § 3853)

17.30.060 Conditionally permitted activities.

The following activities, as described in the use classifications in Chapter 17.10, may be permitted upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134:
A. Residential Activities:
Residential Care, except when occupying a One-Family Dwelling Residential Facility
Service-Enriched Permanent Housing
Transitional Housing
Emergency Shelter
B. Civic Activities:
Administrative
Health Care
Utility and Vehicular
Extensive Impact
C. Commercial Activities:
General Food Sales
Convenience Market
Alcoholic Beverage Sales
Convenience Sales and Service
Medical Service
Consultative and Financial Service, but limited to the provision of advice, designs, information, or consultation of a professional nature
D. Agricultural and Extractive Activities:
Crop and Animal Raising
E. Off-street parking serving activities other than those listed above or in Section 17.30.050, subject to the conditions set forth in Section 17.102.100.
F. Additional activities which are permitted or conditionally permitted in an adjacent zone, on lots near the boundary thereof, subject to the conditions set forth in Section 17.102.110. (Ord. 12138 § 5 (part), 1999; prior planning code § 3854)

17.30.070 Permitted facilities.

The following facilities, as described in the use classifications in Chapter 17.10, are permitted:
A. Residential Facilities:
One-Family Dwelling
One-Family Dwelling with Secondary Unit, subject to the provisions specified in Section 17.102.360
Two-Family Dwelling
Multifamily Dwelling
Rooming House
B. Nonresidential Facilities:
Enclosed
Open
C. Signs:
Residential
Special
Development
Realty
Civic
D. Telecommunications Facilities:
Micro, except as provided in Chapter 17.128
Mini, except as provided in Chapter 17.128
(Ord. 12501 § 45, 2003: Ord. 11904 § 5.09 (part), 1996; prior planning code § 3855)

17.30.080 Conditionally permitted facilities.

The following facilities, as described in the use classifications in Chapter 17.10, may be permitted upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134:
A. Signs:
Business
B. Telecommunications Facilities:
Micro, except as provided in Chapter 17.128 and Section 17.134.020(A) (23)
Mini, except as provided in Chapter 17.128 and Section 17.134.020(A) (23)
Macro
Monopole
(Ord. 11904 § 5.11 (part), 1996; prior planning code § 3856)

17.30.090 Special regulations applying to certain Commercial Activities.

All General Food Sales, Convenience Market, Alcoholic Beverage Sales, and Convenience Sales and Service Commercial Activities shall, except for off-street parking and loading and maintenance of accessory landscaping and screening, be conducted entirely within enclosed portions of Multifamily Dwelling or Rooming House Residential Facilities, with customer access only through the lobby of such a facility. The maximum floor area devoted to such activities by any single establishment shall be one thousand five hundred (1,500) square feet. No Business Signs or display windows shall be provided for such activities. See also Section 17.102.210. (Prior planning code § 3858)

17.30.100 Performance standards for Commercial Activities.

All Commercial Activities shall be subject to the applicable provisions of the performance standards in Chapter 17.120. (Prior planning code § 3860)

17.30.110 Use permit criteria for Commercial Activities.

A. General Food Sales, Convenience Market, Fast-Food Restaurant, Alcoholic Beverage Sales, or Convenience Sales and Service. A conditional use permit for General Food Sales, Convenience Market, Fast-Food Restaurant, Alcoholic Beverage Sales, or Convenience Sales and Service Commercial Activities may be granted only upon determination that the proposal conforms to the general use permit criteria set forth in the conditional use permit procedure in Chapter 17.134, and that the proposed activities are intended primarily to serve residents of the facility within which the activities are to be located. See also Section 17.102.210.
B. Consultative and Financial Service. A conditional use permit for Consultative and Financial Service Commercial Activities may be granted only upon determination that the proposal conforms to the general use permit criteria set forth in the conditional use permit procedure in Chapter 17.134 and to both of the following criteria:
1. That the proposal involves preservation of an existing building which is architecturally or culturally significant, or which will substantially contribute to the livability of abutting properties and the surrounding neighborhood by providing architectural variety, lower bulk and coverage than otherwise permitted, and a generous amount of open space and landscaping;
2. That the proposed activity will generate little or no vehicular and pedestrian traffic beyond that represented by persons working on the premises. (Prior planning code § 3861)

17.30.120 Limitations on Signs.

All Signs shall be subject to the applicable limitations set forth in Section 17.104.010. See also Section 17.30.090. (Prior planning code § 3863)

17.30.130 Minimum lot area, width, and frontage.

Every lot shall have a minimum lot area of four thousand (4,000) square feet and a minimum lot width of twenty-five (25) feet, except as a lesser area or width is allowed by Section 17.106.010. Every lot shall have a minimum frontage of twenty-five (25) feet upon a street, except as this requirement is modified by Section 17.106.020. (Prior planning code § 3864)

17.30.140 Maximum residential density.

The maximum density of Residential Facilities shall be as set forth below, subject to the provisions of Section 17.106.030 with respect to maximum density on lots containing both Residential and Nonresidential Facilities. Also applicable are the provisions of Section 17.102.270 with respect to additional kitchens for a dwelling unit, and the provisions of Section 17.102.300 with respect to dwelling units with five or more bedrooms. No residential facility shall be permitted to have both an additional kitchen as provided for in Section 17.102.270B and a Secondary Unit.
A. Permitted Density. One regular dwelling unit is permitted for each three hundred (300) square feet of lot area, provided that one extra such unit is permitted if a remainder of two hundred (200) square feet or more is obtained after division of the lot area by three hundred (300) square feet. One efficiency dwelling unit is permitted for each two hundred (200) square feet of lot area, provided that one extra such unit is permitted if a remainder of one hundred fifty (150) square feet or more is obtained after division of the lot area by two hundred (200) square feet. One rooming unit is permitted for each one hundred fifty (150) square feet of lot area, provided that one extra such unit is permitted if a remainder of one hundred (100) square feet or more is obtained after division of the lot area by one hundred fifty (150) square feet. For a combination of different types of living units, the total required lot area shall be the sum of the above requirements for each. The number of living units permitted heretofore may be exceeded by ten percent on any corner lot, and may also be exceeded by ten percent on any lot which faces or abuts a public park at least as wide as the lot. A One-Family Dwelling or a One-Family Dwelling with Secondary Unit is permitted on any lot which qualifies under Section 17.106.010 as an existing buildable parcel and that contains no other dwelling units.
B. Conditionally Permitted Density. The number of living units permitted by subsection A of this section may be increased by not to exceed fifty (50) percent upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134, in each of the following situations:
1. In the case of a Residential Facility with more than four stories containing living units, subject to the provisions of Section 17.106.040;
2. Upon the acquisition of development rights from nearby lots, subject to the provisions of Section 17.106.050.
The number of living units may also be increased, as prescribed in Section 17.106.060, in certain special housing. (Ord. 12501 § 46, 2003: prior planning code § 3865)

17.30.150 Maximum floor-area ratio.

The maximum floor-area ratio of any facility shall be as set forth below, subject to the provisions of Section 17.106.030 with respect to maximum floor-area ratio on lots containing both Residential and Nonresidential Facilities:
A. Permitted Floor-Area Ratio. The maximum permitted floor-area ratio is 3.50, except that this ratio may be exceeded by ten percent on any corner lot and may also be exceeded by ten percent on any lot which faces or abuts a public park at least as wide as the lot.
B. Conditionally Permitted Floor-Area Ratio. The floor-area ratio permitted by subsection A of this section may be increased by not to exceed fifty (50) percent upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134, in each of the following situations:
1. In the case of a Residential Facility with more than four stories containing living units, subject to the provisions of Section 17.106.040;
2. For any facility, upon the acquisition of development rights from nearby lots, subject to the provisions of Section 17.106.050. (Prior planning code § 3867)

17.30.160 Maximum height.

Except as provided in Chapter 17.128, no general maximum height is prescribed, except that the height of facilities shall be limited, as prescribed in Section 17.108.010, on lots lying along a boundary of any of certain other zones. But see Section 17.30.120 for maximum height of Signs, and Section 17.108.130 for maximum height of facilities within minimum yards and courts. (Ord. 11904 § 5.21, 1996: prior planning code § 3869)

17.30.170 Minimum yards and courts.

The following minimum yards and courts shall be provided unobstructed except for the accessory structures or the other facilities allowed therein by Section 17.108.130:
A. Front Yard. The minimum front yard depth on every lot shall be ten feet, except as a lesser depth is allowed by Section 17.108.050 on steep lots.
B. Side Yard--Street Side of Corner Lot. A side yard shall be provided on the street side of a corner lot when and as prescribed in Section 17.108.060.
C. Side Yard--Interior Lot Line. No side yard is generally required along an interior side lot line except as follows:
1. A side yard shall be provided, when and as prescribed in Section 17.108.080, opposite a living room window which faces an interior side lot line and which is located on a lot containing Residential Facilities with a total of two or more living units.
2. A side yard shall be provided, as prescribed in Section 17.108.090, along an interior side lot line lying along a boundary of any of certain other zones.
D. Rear Yard. The minimum rear yard depth on every lot shall be ten feet, except as a lesser depth is allowed by Section 17.108.110.
E. Courts. On each lot containing Residential Facilities with a total of two or more living units, courts shall be provided when and as required by Section 17.108.120. (Prior planning code § 3870)

17.30.180 Minimum usable open space.

On each lot containing Residential Facilities with a total of two or more living units, group usable open space shall be provided for such facilities in the minimum amount of one hundred fifty (150) square feet per regular dwelling unit plus one hundred (100) square feet per efficiency dwelling unit plus seventy-five (75) square feet per rooming unit. Private usable open space may be substituted for such group space in the ratio prescribed in Section 17.126.020. All required space shall conform to the standards for required usable open space in Chapter 17.126. (Prior planning code § 3871)

17.30.190 Buffering.

All uses shall be subject to the applicable requirements of the buffering regulations in Chapter 17.110 with respect to screening or location of parking, loading, and storage areas; control of artificial illumination; and other matters specified therein. (Prior planning code § 3872)

17.30.200 Special regulations for mini-lot developments, planned unit developments, and large-scale developments.

A. Mini-Lot Developments. In mini-lot developments, certain of the regulations otherwise applying to individual lots in the R-80 zone may be waived or modified when and as prescribed in Section 17.102.320.
B. Planned Unit Developments. Large integrated developments shall be subject to the planned unit development regulations in Chapter 17.122 if they exceed the sizes specified therein. In developments which are approved pursuant to said regulations, certain uses may be permitted in addition to those otherwise allowed in the R-80 zone, and certain of the other regulations applying in said zone may be waived or modified.
C. Large-Scale Developments. No development which involves more than one hundred thousand (100,000) square feet of new floor area, or a new building or portion thereof of more than one hundred twenty (120) feet in height, shall be permitted except upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134. This requirement shall not apply to developments where a valid planned unit development permit is in effect.
(Prior planning code § 3873)

17.30.210 Other zoning provisions.

A. Parking and Loading. Off-street parking and loading shall be provided as prescribed in the off-street parking and loading requirements in Chapter 17.116.
B. Home Occupations. Home occupations shall be subject to the applicable provisions of the home occupation regulations in Chapter 17.112.
C. Nonconforming Uses. Nonconforming uses and changes therein shall be subject to the nonconforming use regulations in Chapter 17.114.
D. General Provisions. The general exceptions and other regulations set forth in Chapter 17.102 shall apply in the R-80 zone.
E. Recycling Space Allocation Requirements. The regulations set forth in Chapter 17.118 shall apply in R-80 zone. (Amended during 1997 codification; Ord. 11807 § 3 (part), 1995; prior planning code § 3874)