In prior messages, we alerted you to the Council’s newly adopted “Density Bonus” zoning, which allows developers to apply for a massive amount of height and density in exchange for a modest amount of affordable housing (only 10-12% of the units). It is called Density Bonus 90 (DB90) because it authorizes mixed-use structures as high as 90 feet by adding 30 feet of additional height to most commercially zoned participating properties no matter their location. The City has just doubled down and eliminated a tool that could be used to mitigate the impact of DB90 on neighborhoods.
The land development code has long had a “conditional overlay” provision that allows the Council to condition a zoning change on reductions in a structure’s allowable heights or setbacks. In a stunning policy change, the staff and Council have rejected neighborhood requests for conditional overlays in DB90 cases. They claim that the legal department – which drafted the DB90 ordinance – inserted a provision that prevents the Council from using a conditional overlay that limits the height of buildings with DB90 zoning. In fact, the provision only provides that if the DB90 ordinance conflicts with other provisions of the Code or other ordinances, the DB90 provisions control. It does not limit the power of the Council to grant a neighborhood request to tailor the development to its surroundings. The legal department has no authority to override the intent of the Council.
It appears that the Council is opportunistically hiding behind a patently incorrect reading of the ordinance as an excuse to reject reasonable neighborhood requests. Alternatively, the Council intended to limit its authority to adjust height as necessary to protect the community, which would be a terrible policy. Either way, as a result, neighborhoods are being overrun with wildly inappropriate development with no avenue for relief.
Remember, DB90 was the replacement for the Vertical Mixed Use 2 (VMU2 ) ordinance which was struck down in court. In the last two meetings, the city council has passed 22 DB90 cases on consent, and 2 on first reading. Check the map if one could be coming near you! (all of the red, orange and pink could request DB90 zoning).