Fresno Municipal Code Art. 21 Tod Height and Density Bonus

The purpose of the Transit-Oriented Development (TOD) Height and Density Bonus is to provide flexibility for projects which promote walkability, livability, and transit ridership near stations for Bus Rapid Transit and other enhanced transit service.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

At its discretion, the Review Authority, when granting a Development Permit, may allow a project to exceed the maximum height and/or the maximum residential density of the Base District if all three of the following criteria are met:

A. The project site is located entirely within an MX District or a CMS District.

B. The project site is located within 500 feet of an existing or planned Bus Rapid Transit station or a station for a similar enhanced transit service as determined by the Review Authority or is located within ½ mile of the Manchester Transit Center.

C. The project will provide one of the following public benefits:

1. A Public Plaza per Section 15-1104-E.1.c; or

2. Qualifying public art at the discretion of the Review Authority; or

3. Ninety percent or greater frontage coverage along the street which features the Bus Rapid Transit route or other enhanced transit route.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2016-32, § 20, eff. 10-21-16; Am. Ord. 2017-33, § 16, eff. 7-30-17).

Height and Density bonuses granted by the Review Authority may not exceed the following:

A. Height. The bonus height may exceed that of the Base District by no more than 25 percent. Portions of buildings in excess of the maximum height of the Base District may not be located within 100 feet of an RS District.

B. Residential Density. The bonus density may exceed that of the Base District by no more than 100 percent.

C. Combination with Affordable Housing Density Bonus. A TOD Height and Density Bonus may be used in combination with an Affordable Housing Density Bonus.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

A decision to grant a bonus shall be based on making all of the following findings:

A. The architectural design of the project is of exceptional quality and will add to the beauty and pedestrian comfort of the transit corridor;

B. Granting the bonus shall not cause more housing to be located within the corridor or corridor segment than was identified in the General Plan Master Environmental Impact Report or other applicable environmental review;

C. Granting the bonus shall not cause the capacity of the infrastructure which serves the site to be exceeded; and

D. Granting the bonus will not be detrimental to the health or safety of the public or the occupants of the property.

(Added Ord. 2015-39, § 1, eff. 1-9-16).