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Commission moves to clarify open-space bonus rules after staff flags double-counting
Summary
Staff told the commission that the current open-space bonus calculation can be double-counted when buildings encroach over required open space; commissioners asked staff to draft clarifying code amendments requiring bonus-eligible open space to be adjacent to right-of-way and open to the sky.
City staff told the commission that an existing provision intended to reward developers for providing extra ground-level open space could accidentally award a second bonus when the building overhangs the same ground plane. The TSDD code currently multiplies surplus open-space square footage into bonus floor area for upper stories; staff said that practice effectively double-counts identical vertical space when buildings encroach above the ground-level open space.
Staff recommended defining "open to the sky" for bonus eligibility and restricting bonus-eligible open space to areas adjacent to a right-of-way or public space. Commissioners agreed that the bonus should not apply when covered building elements (podiums, paseos or overhead structures) occupy the open space. City Attorney and staff said they would bring back code language that mirrors approaches used in nearby jurisdictions to avoid double-counting while preserving incentives for public-facing open spaces.
The commission asked staff to return with model language and examples before any final code change, and to test the draft against recent development proposals so the effect on prior approvals can be assessed.
