91-80 - PUBLIC ACCESS AREAS

LAST AMENDED
6/21/2016

The following regulations shall apply to #arcades# and #publicly accessible open areas# existing on June 21, 2016, located within
the Water Street Subdistrict as shown on Map 8 in Appendix A of this Chapter except for the #plaza# that was the subject of
special permit application CP-20518, approved by the City Planning Commission on November 27, 1968.

For the purposes of this Section, inclusive, “arcade” shall refer to an #arcade# or #through block arcade# provided in accordance
with the provisions of Sections 12-10 (DEFINITIONS) and 37-80 (ARCADES), or any other #arcade# that generated a #floor
area# bonus as evidenced by plans approved by the Department of Buildings.

A horizontal #enlargement# permitted by Sections 91-83 (Retail Uses Within Existing Arcades), inclusive, or 91-841
(Authorization for retail uses within existing arcades) shall not be included as #floor area#, and such additional area shall not
result in a reduction of the permitted #floor area#.

No #arcade# may be eliminated or reduced in size pursuant to paragraphs (a) or (d) of Section 33-124 (Existing public amenities
for which floor area bonuses have been received). In lieu thereof the following provisions shall apply: Sections 91-83, 91-841
and, as applicable, Section 91-85 (Special Permit for Enlargements of 7,500 Square Feet or Greater).

For any #zoning lot# that was the subject of application C810325ZSM, C810506ZSM or C841070ZSM, a certification pursuant
to Section 91-83 or an authorization pursuant to Section 91-841 shall not result in a departure from the findings and conditions
specified in the applicable special permit, and such certification or authorization shall not require modification of the applicable
special permit unless such a modification is required pursuant to a related restrictive declaration. For the #zoning lot# that was
the subject of application C810325ZSM, the existing #through block arcade# shall not be eliminated, but may be modified in
size and configuration provided that the standards for #through block arcades# set forth in Section 12-10 are met.

Public events may take place within a #publicly accessible open area# or #arcade# pursuant to the provisions of Section 91-81
(Events Within Public Access Areas). Publicly accessible tables, chairs, shade umbrellas and heating lamps may be located within
a #publicly accessible open area# or #arcade# pursuant to the provisions of Section 91-82 (Amenities Within Public Access
Areas). An outdoor cafe may be located within an #arcade# pursuant to Section 91-821 (Certification for outdoor cafes within
arcades).

A horizontal #enlargement# of the ground floor and second floor levels may be permitted within #arcades#, or portions thereof,
located within Area A in Map 9 of Appendix A of this Chapter pursuant to the provisions of Section 91-83, and within Area B
pursuant to the provisions of Section 91-841. In addition, a horizontal #enlargement# of 7,500 square feet or greater shall also
require a special permit pursuant to Section 91-85. For the purposes of calculating the total area of the horizontal #enlargement#
that is subject to the special permit, the aggregate area of the horizontal #enlargement# permitted by prior certifications
pursuant to Sections 91-83 and 91-837 (Subsequent design changes) and prior authorizations pursuant to Section 91-841 shall
be included in such calculation, except the area of an indoor public space shall be excluded from such calculation. In no event
shall an #enlargement# be permitted within #arcades#, or portions thereof, located within Area C on Map 9 in Appendix A of
this Chapter.