Part II — DISTRICTS AND DEVELOPMENT TYPES
Chapter 16.213 — RESIDENTIAL VIEW DISTRICT
Vallejo Zoning Code · 2026-06 edition · ingested 2026-07-07 · Vallejo
16.213.01 - Purpose and applicability. ¶
The purpose of this chapter is create regulations for residential view districts which recognize that many of the city's residential neighborhoods are located on hills, thus affording residents panoramic views of the surrounding natural and manmade environment. These visual resources are significant neighborhood amenities and include views of San Pablo Bay, Mare Island Channel, the waterfront, Sulphur Springs Mountain, the Vaca Mountains, White Slough, the Napa River Wetlands, Sky Valley and the city itself. The existing development pattern of one-story and two-story structures, which predominates in these neighborhoods, has preserved these visual resources. Thus, it is the intent of this district to perpetuate this development pattern to the maximum extent practicable.
More specifically, the purpose of this chapter is to promote the health, safety and general welfare of the public through:
A.
The protection, enhancement, and perpetuation of views to the residents of the unique topographical features which the Vallejo area offers, or that provide unique and irreplaceable assets to the city;
B.
The retention of views;
C.
The establishment of a design review process by which the city may pursue in conjunction with property owners the objective that views enjoyed by residents of the city will not be significantly obstructed;
D.
The protection of views as it pertains to the general plan goals and policies to preserve the natural character of the hillsides.
E.
The residential view district may be applied to residential neighborhoods with significant panoramic views as designated by neighborhood development plans, by specific area plans, or by the planning commission and adopted by the city council using the procedures established in Chapter 16.611, Zoning Text and Map Amendments of this code. Any residential zoning district or a portion thereof may be designated as a residential view district.
16.213.02 - Director review and evaluation. ¶
A.
To protect the visual quality of highly scenic areas and maintain the character of the city, the director will review all building plans for exterior changes or new structures on a site prior to the issuance of a building permit in a residential view district.
B.
The director will have three options available depending on the intent of the proposed plans:
1.
If the plans do not propose changes in the building envelope of an existing structure, do not propose new structures, and the proposal satisfies all other planning concerns, the plans may be signed off to allow issuance of a building permit.
2.
If the plans make changes in the building envelope of an existing structure or they propose construction of a new accessory structure, including an accessory dwelling unit, but the director determines that the improvements will not adversely impact adjacent property owners' views, the director will cause all property owners within two hundred feet of the site to be notified of the proposed application by mail deposited at least fifteen working days prior to the date on which the director intends to make a decision on the issuance of the building permit. If adjoining property owners believe the proposed application will impact their views, they shall notify the director within ten days of the city's notification. Upon such notice, the director will then cause the applicant to submit a site development review application, per Chapter 16.605, Development Review and plans will be referred to the planning commission for determination, pursuant to Chapter 16.602.09, Public Hearings.
3.
If the plans make changes in the building envelope of an existing structure, or propose construction of a new accessory structure, including an accessory dwelling unit, that in the director's opinion could obstruct significant views, or proposes a new primary structure, the applicant will submit a development review application, per Chapter 16.605, Development Review. That application shall be forwarded to the planning commission for determination, pursuant to Chapter 16.602.09, Public Hearings.
C.
Conditions. The director or planning commission may attach conditions to project review and/or site development review approvals. Such conditions must be consistent with this chapter as the director deems reasonable and necessary to carry out the intent of the chapter.
D.
Findings Required. If the planning commission grants a site development review approval in a view district, it shall find that the proposed project:
Will maximize open space preservation;
2.
Protects view corridors, natural vegetation, land forms and other features;
3.
Minimizes the appearance of visually intrusive structures;
4.
Prevents the obstruction of property owners' views by requiring appropriate construction of new structures or additions to existing buildings or adjacent parcels;
5.
Minimizes potential view loss from public areas;
6.
Incorporates reasonably available design options that eliminate or lessen view obstructions.
E.
The director and the planning commission shall be required to make the findings set forth in Section 16.605.03, Findings Required.
F.
Referral to Neighborhood Organization. Where an identified neighborhood planning or improvement organization exists, the director shall give notice of and application within the residential view district if such proposed development would fall within or is immediately adjacent to the neighborhood. The organization shall be invited to make comment within ten days of notification on the application.
G.
Appeals of the director or planning commission decision shall be filed in accordance with Chapter 16.602, Common Procedures, Section 16.602.14, Appeals.
16.213.03 - Notice recording. ¶
With respect to the parcels of real property located within the boundaries of a residential review district per the provisions of this section, the city clerk shall cause to be recorded in the office of the recorder of Solano County, California, a "notice of restriction" substantially as follows:
Notice of Restriction
Notice is hereby given that this property in the city of Vallejo, Solano County, California, is subject to city of Vallejo Municipal Code Restrictions as provided in Chapter 16.212 Residential View District. Prior to
commencing any construction/remodeling the property owner shall consult with the planning division, city of Vallejo and secure a development review permit if required by the above referenced ordinance.
City of Vallejo By_______ City Clerk
16.213.04 - Other ordinances not affected. ¶
Nothing in this chapter shall be construed to exempt any application from compliance with any requirement of any other provision of this code or any other ordinance of this city, or to amend any such other ordinance unless so stated in the ordinances codified in this chapter.
16.213.05 - Relation to use permit, variance and zoning ordinance amendment. ¶
When a development proposal subject to approval under this chapter additionally requires a use permit, variance, or an amendment of the Zoning Code, this approval shall be conducted concurrently with any review required by the use permit, variance or amendment application.
Chapter 16.214 - AFFORDABLE HOUSING INCENTIVES
16.214.01 - Purpose and applicability. ¶
This chapter is intended to implement the State Density Bonus Law in compliance with the requirements of California Government Code Sections 65915 and 65917 and the Streamlined Ministerial Approval Process in Government Code Section 65913.4. It also implements the adopted housing element of the general plan by providing incentives to encourage developers to construct affordable housing that will benefit lower income households.
16.214.02 - Definitions. ¶
All terms have the same meaning as the definitions in Government Code Sections 65913.4, 65915 and 65917 unless otherwise defined by Part VII of this Zoning Code.
16.214.03 - State-mandated density bonus. ¶
A developer agreeing to construct at least twenty percent of a project's total housing units for lowerincome households or ten percent of the total units for very low-income households shall be granted an increase of five to thirty-five percent over the maximum residential density otherwise permitted, depending on the level of affordability, percentage of units that are affordable, and inclusion of child care facilities, and owner occupancy requirements in the housing development. Such Density Bonus shall be as set forth in California Government Code Section 65915. The provisions of this Chapter shall apply to the construction of projects that include five or more dwelling units.
16.214.04 - Density bonus for land donation, childcare facility, or condominium conversion.
A.
A housing development may be eligible for a density bonus for land donation pursuant to the requirements set forth in California Government Code Section 65915(g).
B.
A housing development that contains a childcare facility as defined in California Government Code Section 65915(h) may be eligible for density bonus, concession, or incentive pursuant to the requirements set forth in California Government Code Section 65915(h).
C.
Condominium conversions may be eligible for a density bonus, concession, or incentive pursuant to the requirements of California Government Code Section 65915.5.
16.214.05 - Calculation of density bonus. ¶
A.
Each housing development is entitled to only one density bonus, which may be selected based on the percentage of either density bonus units affordable to very low-income households, low-income households, or moderate-income households, or the housing development's status as a senior citizen housing development except as provided in this Title. Density bonuses from more than one category may not be combined. An applicant may propose and the planning commission, at its own discretion, may grant an additional density bonus as an incentive to a project eligible for such a benefit pursuant to California Government Code Section 65915(d)(2).
B.
When calculating the number of permitted bonus units, any calculations resulting in fractional units shall be rounded to the next larger whole number.
C.
The bonus units shall not be included when determining the number of density bonus units required to qualify for a density bonus. When calculating the required number of density bonus units, any calculations resulting in fractional units shall be rounded to the next larger integer.
D.
The applicant may request a lesser density bonus than the housing development is entitled to, but no reduction will be permitted in the minimum percentages of required density bonus units pursuant to this chapter.
16.214.06 - State-mandated concessions and incentives. ¶
If an applicant proposes to provide at least one of the percentages of affordable units indicated in California Government Code Section the city shall grant one or more concessions or incentives, as defined in applicable state law, in order to facilitate achievement of the density bonus. The city shall only consider
applications for concessions or incentives when a developer is eligible for and seeks and receives a state density bonus.
A.
Additional density bonuses may be awarded by the planning commission based on the need for a particular housing type (e.g. 3- or 4-bedroom units).
B.
Waiver of development standards. Applicants may seek a waiver of a development standard through an exception permit in accordance with Chapter 16.608, Exceptions, in Accordance with the Requirements of Government Code Section 65915.
16.214.07 - City financial participation not required. ¶
Nothing in this chapter requires the provision of direct financial incentives for the housing development, including but not limited to the provision of financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements. The city at its sole discretion may choose to provide such direct financial incentives.
16.214.08 - Prevailing wages. ¶
Financial and certain other incentives may require payment of prevailing wages by the developer if required by state law.
16.214.09 - Density bonus agreement.
To ensure that the parties meet their responsibilities, the city requires the developer to enter into a legally recorded Affordable Housing Agreement I form approved by the director and the city attorney which shall at a minimum include the following:
A.
A description of the residential development, including whether the housing units which qualify the housing development for a density bonus will be rented or owner-occupied;
B.
Purchase of for sale units and occupancy of rental units shall be reserved for applicable moderate, low and very low income households as applicable, and as such income limits are established by the Department of Housing and Urban Development (HUD). These figures are updated from time to time and will be given to the developer or owners as they are made available to the city by HUD.
C.
Rents charged for the reserved units shall be no more than thirty percent of sixty percent of the area median income for moderate, and low income households and thirty percent of fifty percent for very lowincome households.
D.
The number, size and location of the housing units which qualify the housing development for a density bonus;
E.
Provisions and/or documents for resale restrictions, deeds of trust, right of first refusal or rental restrictions;
F.
Provisions for monitoring the ongoing affordability of the housing units which qualify the housing development for a density bonus, and the process for qualifying prospective resident households for income eligibility; and
G.
Any additional obligations relevant to the compliance with this chapter.
H.
Owner-Occupied Agreements. The affordable housing agreement shall also include the agreement requiring that purchaser of each owner-occupied housing unit which qualified the housing development for a density bonus to execute the city's standard form agreement as approved by the planning director and city attorney, to be recorded against the parcel, and which includes such provisions as the city may require to ensure continued compliance with this chapter.
I.
Agreements for Child Care Facilities and Land Donations. Density bonus housing agreements for child care facilities and land dedications shall ensure continued compliance with all conditions included in Government Code Section 65915 (h)(2)(A) and (B) and Government Code Section 65915 (g)(2)(A through H), respectively.
J.
The developer and/or future owner of the project, and each subsequent purchaser thereof shall be required to reserve the lower income units at the controlled rents for a minimum of fifty-five years or such other period as required or permitted by state law.
K.
To certify that the current owner has complied with the terms of the agreement, the owner shall file a certification of compliance form with the city on an annual basis. A copy of this form is available from the planning division. This form indicates the lessees of the controlled units, their respective unit numbers, monthly rents, sales prices, household incomes, and phone numbers. Lease agreements for each of the units shall also be attached.
L.
Should the owner or developer not be in compliance with the terms of the agreement they shall be subject to a fine established by the city council and the length of the agreement shall be extended on an equivalent day-for-day basis, which shall be accessed on the property tax rolls pursuant to the administrative citation procedures in the Vallejo Municipal Code.
M.
To compensate the city for processing costs, the developer or owner will be required to pay the city a fee established by the city council and adopted in the annual master fee schedule.
N.
Applicability. All projects with approved density bonuses prior to the formulation of this policy are subject to the restrictions that were placed on them as conditions of their density bonuses. Projects that were constructed and occupied prior to the formulation of this policy are exempt from any density bonus restrictions.
16.214.10 - Application process.
A.
Prior to the submittal of any formal permit request, a developer shall submit to the city a preliminary proposal for a residential project for which a density bonus is sought. A formal request for the density bonus pursuant to the requirements of this chapter may then be submitted to the city concurrently with the application(s) for any necessary permits. This request shall be considered by the planning commission along with the required affordable housing agreement after any necessary permits are approved by the appropriate body (or concurrently if city council approval is required as well).
B.
All requests for density bonuses, concessions and incentives, any additional city incentives, parking reductions, and waivers provided pursuant to this chapter, shall be submitted with the BMR Housing Plan required by this chapter. The developer shall include the following additional information in the Below Market Rate (BMR) Housing Plan:
1.
A site plan depicting the number and location of all market rate units, BMR units, density bonus BMR units, and bonus units.
2.
A calculation of the maximum number of dwelling units permitted by this title and the general plan, excluding any density bonus.
3.
The targeted income level of the proposed density bonus BMR units.
Description of any requested concessions, incentives, waivers of development standards, or parking reductions requested pursuant to Section 16.214.06, State-Mandated Concessions and Incentives.
C.
For all concessions and incentives except those listed in this chapter, concessions not requiring financial pro forma from applicant, a pro forma demonstrating that the requested concessions and incentives result in identifiable, financially sufficient, and actual cost reductions. The pro forma shall include:
1.
The actual cost reduction achieved through the concession or incentive; and
2.
Evidence that the cost reduction allows the developer to provide affordable rents or affordable sales prices.
D.
For waivers of development standards: evidence that the development standards for which the waivers are requested will have the effect of physically precluding the construction of the residential development with the density bonus, concessions, or incentives requested.
E.
The director may require that any pro forma submitted pursuant to this chapter include information regarding capital costs, equity investment, debt service, projected revenues, operating expenses, and such other information as is required to evaluate the pro forma. The cost of reviewing any required pro forma data, including but not limited to the cost to the city of hiring a consultant to review the pro forma, shall be borne by the developer.
F.
If a mixed-use building or development is proposed, the developer shall provide evidence that nonresidential land uses will reduce the cost of the residential development, and the nonresidential land uses are compatible with the residential development and existing or planned surrounding development.
G.
If a density bonus is requested for a land donation, the BMR Housing Plan shall show the location of the land to be dedicated, provide proof of site control, and provide evidence that each of the findings included in California Government Code Section 65915(g) can be made.
H.
If a density bonus or concession is requested for a childcare facility or condominium conversion, the BMR Housing Plan shall provide evidence that the findings in California Government Code Section 65915(h) or 65915.5, as appropriate, can be made.
I.
Concessions Not Requiring Financial Pro Forma from Applicant. The following concessions and incentives shall be available to the builder without any requirement that the builder submit a pro forma to the city demonstrating that the requested concession or incentive results in identifiable, financially sufficient, and actual cost reductions:
1.
A reduction in the usable open space requirement;
2.
An increase in the maximum lot coverage requirement;
3.
A reduction in minimum lot dimensions;
4.
A reduction in minimum distance between buildings;
5.
A reduction in landscaping area requirements;
6.
Deferral until occupancy of development impact fees.
16.214.11 - City review of application for state mandated density bonus, concessions, and incentives.
Any request for a density bonus, concessions, incentives, waivers, or parking reductions shall be processed, reviewed, and approved or denied by the review authority (Planning commission or the city council on appeal) concurrently with the BMR Housing Plan required for the housing development. In accordance with state law, neither the granting of a concession or incentive, nor the granting of a density bonus, shall be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.
16.214.12 - Findings for approval of state-mandated density bonus, concessions, and incentives.
A.
The housing development is eligible for a density bonus and any concessions, incentives, waivers, or parking reductions requested.
B.
Any requested incentive or concession will result in identifiable, financially sufficient, and actual cost reductions based upon appropriate financial analysis and documentation if required.
C.
The density bonus is based all or in part on donation of land, the findings included in California Government Code Section 65915(g).
D.
If the density bonus, incentive, or concession is based all or in part on the inclusion of a childcare facility, the findings included in California Government Code Section 65915(h).
E.
If the incentive or concession includes mixed-use development, the findings included in California Government Code Section 65915(k)(2).
F.
If a waiver is requested, the development standards for which a waiver is requested would have the effect of physically precluding the construction of the residential development with the density bonus, concessions, or incentives permitted.
16.214.13 - Findings for denial of incentives, concessions or waivers.
A.
Denial of concessions and incentives. If the findings required by the previous chapter can be made, the decision-making body may deny a concession or incentive only if it makes a written finding, supported by substantial evidence, of either of the following:
1.
The concession or incentive is not required to provide for affordable rents or affordable ownership costs.
2.
The concession or incentive would have a specific adverse impact upon public health or safety or the physical environment or on any real property that is listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households. For the purpose of this division, specific adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the residential development was deemed complete.
3.
The concession or incentive would be contrary to state or federal law.
B.
Denial of waivers. If the findings required by the previous chapter can be made, the review authority may deny a waiver only if it makes a written finding, supported by substantial evidence, of any of the following:
1.
The waiver would have a specific adverse impact upon health, safety, or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households. For the purpose of this chapter, specific adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, and identified, written public health or safety standards, policies, or conditions as they existed on the date that the application was deemed complete.
2.
The waiver would have an adverse impact on any real property that is listed in the California Register of Historical Resources.
3.
The waiver would be contrary to state or federal law.
c.
Denial of incentive or bonus for childcare center. If the findings required by the previous chapter can be made, the review authority may deny a density bonus, incentive, or concession that is based on the provision of childcare facilities only if it makes a written finding, based on substantial evidence, that the city already has adequate childcare facilities.
D.
Appeals. The developer may appeal the denial of a request for a density bonus or a concession or incentive to the city council.
16.214.14 - Streamlined infill projects. ¶
An applicant proposing a residential development that includes at least fifty percent affordable units and meets the eligibility criteria of Government Code Section 65913.4 may request that the entitlement be approved through a streamlined, ministerial approval process. Projects that meet the eligibility criteria in this chapter and the requirements of the state law shall be approved under a ministerial approval process, which exempts them from environmental review under the California Environmental Quality Act. This process also exempts such projects from any discretionary review that would otherwise be required by this Zoning Code, including, but not limited to requirements for use permit approval or development review and does not allow public hearings.
A.
Eligibility criteria for streamlined ministerial approval. The project shall meet all the following requirements pursuant to Government Code Section 65913.4:
1.
The development shall be multi-family housing that contains two or more dwelling units that will be offered for rental or for sale. This definition does not include accessory dwelling units (ADU) unless the project is for new construction of a single-unit home with an attached ADU in a zone that allows multi-family development.
2.
At least two-thirds of the square footage of the development shall be designated for residential use.
3.
The developer shall dedicate at least fifty percent of the units in the project to households making eighty percent or less of the area median income and restricted by an agreement.
4.
The development shall be consistent with all applicable standards of this Zoning Code.
5.
At least seventy-five percent of the perimeter of the development site shall be developed with urban uses. For purposes of this chapter, parcels that are only separated by a public street or highway shall be adjacent.
6.
The zoning district or general plan designation of the site shall allow for residential or residential mixed-use development as applicable to the project.
7.
The project shall meet the parking requirements in Chapter 16.508, Off-Street Parking and Loading, of the Zoning Code or a maximum of one parking space per unit, whichever is lower. However, no parking will be required if the project is located:
a.
Within one half mile of a public transit stop,
b.
A designated architecturally or historically significant district;
c.
Within one block of a car-share vehicle station; or
d.
In a permit parking area but permits are not offered to development occupants.
The project site shall not be located in any of the following areas:
a.
Wetlands as defined by federal law;
b.
Within a flood plain designated by the Federal Emergency Management Agency (FEMA) or a FEMAdesignated regulatory floodway prime farmland or farmland of statewide importance as defined by the United States Department of Agriculture and designated on maps prepared by the State Department of Conservation or land zoned or designated for agricultural protection or preservation by a local voterapproved measure;
flood plain designated by the Federal Emergency Management Agency (FEMA) or a FEMAdesignated regulatory floodway prime farmland or farmland of statewide importance as defined by the United States Department of Agriculture and designated on maps prepared by the State Department of Conservation or land zoned or designated for agricultural protection or preservation by a local voterapproved measure;
c.
A very high fire hazard severity zone designated by the State Department of Forestry and Fire Protection;
d.
A hazardous waste site designated by the State Department of Toxic Substances Control (DTSC) unless it has been cleared for residential or residential mixed-use by DTSC;
e.
Within an earthquake fault zone unless the development meets applicable seismic protection building code standards;
f.
Protected species habitat area;
g.
Lands under a conservation easement or identified for conservation in an adopted conservation plan or other adopted natural resource protection plan;
h.
A site where development would require demolition of housing subject to recorded rent restrictions or occupied by tenants during the past ten years;
i.
A site where demolition of an historic structure listed on a local, state, or federal register;
j.
A site governed by the Mobile Home Residency Law, the Recreational, Vehicle Park Occupancy Law, the Mobile Home Parks Act, or the Special Occupancy Parks Act.
B.
Prevailing Wages. If a land division is required, the project developer shall pay prevailing wages to a trained and skilled workforce as defined in the state law and the project shall be financed with low-income housing tax credits.
C.
Application and Review Process. An applicant seeking approval under the requirements of this chapter and Government Code Section 65913.4 shall submit proposed plans and an application for streamlined approval on the form issued by the planning division. The application shall be accompanied by a fee adopted by the city council, affordable housing supplemental application form signed by property owner or authorized agent, and dimensioned plans that meet the current application and checklist requirements.
Chapter 16.215 - TRANSIT-ORIENTED DEVELOPMENT
16.215.01 - Purpose and applicability. ¶
The purpose of the Transit-Oriented Development (TOD) Chapter is to encourage an appropriate mixture and density of activity around transit centers and major transit routes to increase ridership and promote alternative modes of transportation to the automobile. The intent is to decrease auto-dependency and mitigate the effects of congestion and pollution. These regulations seek to achieve this by providing a pedestrian-, bicycle-, and transit-supportive environment configured in a compact pattern and a complementary mix of land uses all within a comfortable walking and bicycling distance from transit centers and major transit routes.
The specific objectives of the district are to:
A.
Encourage people to walk, ride a bicycle or use transit;
B.
Allow for a mix of uses to create an environment that engages people at the pedestrian scale;
C.
Achieve a compact pattern of development that is more conducive to walking and bicycling;
D.
Provide a high level of amenities that create a safe and comfortable environment for pedestrian, bicyclists, and other users;
E.
Maintain an adequate level of parking and access for automobiles;
F.
Create fine-grained detail in architectural and urban form that provides interest and complexity at the level of the pedestrian and bicyclist;
G.
Encourage uses that allow round-the-clock activity around transit stations; such as twenty-four hour gyms, restaurants, and convenient stores.
H.
Provide sufficient density of employees, residents and recreational users to support transit; and,
I.
Generate a relatively high percentage of trips serviceable by transit.
These provisions shall apply to lands that are generally within a twenty-five hundred foot radius of a park and ride lot or major transit stop as defined by this title and California Public Resources Code Section 21064.3. including, but not limited to the following:
1.
Curtola Park & Ride;
2.
Sereno Transit Center (STC);
3.
Downtown Vallejo Transit Center (VTC); and
4.
Vallejo Waterfront Ferry Terminal.
5.
If the underlying zoning district standards or any other ordinance or regulations are inconsistent with the provisions of this chapter, the TOD standards shall control within the district.
6.
For the purposes of this chapter, non-residential and mixed-use development projects may include any use permitted in the zone where an eligible site is located except the following:
a.
Auto/vehicle sales and service
b.
Equipment rental
c.
Building materials sales and service
d.
Retail, large format
e.
Retail, with drive-through.
f.
Nursery and garden centers
g.
Fleet-based services.
h.
Repair services, appliances, equipment.
i.
Utility, major
j.
Warehousing, storage, and distribution.
16.215.02 - Development standards.
The following requirements apply to any eligible TOD project. The incentives provided shall be provided in addition to any incentive or concession to which the project may be entitled under other provisions of the Zoning Code.
A.
Maximum Density. The maximum density allowed in the zoning district where a TOD development is proposed may be increased up to a maximum of twenty-five percent for residential projects that meet the requirements of this chapter.
B.
Maximum Floor Area Ratio. The maximum FAR allowed in the zone where a TOD development is proposed may be increased up to a maximum of twenty-five percent for mixed-use and non-residential projects that meet the requirements of this chapter.
C.
Increase in Density. A minor use permit shall be required to approve any increase in density or FAR, in accordance with Chapter 16.606, Minor and Major Use Permits. In addition to any findings required for approval of the use permit and any other required discretionary planning approval, the review authority shall find that the TOD development meets the following criteria:
1.
The minor use permit shall only be granted if the project includes at least one of the following elements:
a.
Privately-maintained common open space with public seating or other street furniture that is accessible to the general public;
b.
Grocery store with at least one thousand five hundred square feet of gross floor area;
c.
Limited-service restaurant with indoor or outdoor seating for customers;
d.
Pedestrian and bicycle path providing safe and convenient access to the transit center using the most direct route;
e.
Art feature such as a sculpture, mural, or fountain that is visible to the general public.
16.215.03 - Parking requirements. ¶
For an eligible TOD project, there shall be no minimum number of parking spaces as otherwise required by Chapter 16.508, Off-Street Parking and Loading.