SEC. 249.15. MISSION AND 9TH STREET SPECIAL USE DISTRICT.

(a) In order to provide for a mixed use development project on the Mission Street transit corridor in which 100% of Dwelling Units are affordable to low-income households, that exceeds the 120-X height limit, and that requires certain modifications to the otherwise applicable requirements for open space, exposure and floor area ratio, there shall be a Mission and 9th Street Special Use District (SUD) at 1270 Mission Street located at Lots 20 and 21 of Assessor’s Block

3701, as designated on Sectional Map SU07 of the Zoning Map. The exceptions to the applicable height, open space, floor area ratio, and exposure requirements set forth below, the rezoning of the applicable height district set forth in the ordinance in Board File No. 251250 creating this Section 249.15, and the resulting increased number of Dwelling Units

allowed by the SUD, shall be considered forms of assistance specified in Chapter 4.3 of the California Government Code and shall not be combined with additional density or concessions, waivers, or other modifications to development standards pursuant to any state or local law.

(b) Controls. All provisions of the Planning Code applicable to a C-3-G District shall apply except as otherwise provided in this Section 249.15(b).

(1) Height Exception for 100% Affordable Housing Projects. A 100% Affordable Housing Project, defined as any project where the principal Use is housing comprised solely of housing that is restricted for a minimum of 55 years or the Life of the Project, whichever is longer and consistent with any applicable tax credit regulatory requirements, as affordable for “lower income households,” as defined in California Health & Safety Code Section 50079.5, may exceed a height of 120 feet, up to the applicable height limit set forth in the Zoning Map.

(2) Open Space for Dwelling Units. In a 100% Affordable Housing Project, as defined in subsection (b)(1), up to 40% of the usable open space required by Section 135 may be provided off-site, but shall be located within the SUD or within 900 feet of the boundaries of the SUD. Open space must be of one or more of the following types:

• (A) An unenclosed plaza at street grade, with seating areas and landscaping;

• (B) A terrace or roof garden with landscaping;

(C) Streetscape improvements with landscaping and pedestrian amenities that result in additional space beyond the pre-existing sidewalk width, such as sidewalk widening or building setbacks; or

(D) Streetscape improvements with landscaping and pedestrian amenities on alleyways from building face to building face, beyond basic street tree planting or street lighting as otherwise required by the Planning Code or other parts of the Municipal Code.

(3) Floor Area Ratio. In a 100% Affordable Housing Project, as defined in subsection (b)(1), the floor area ratio limits set forth in Sections 123 and 124 of this Code for C-3-G Districts shall not apply to Residential Uses as defined in Section 102. For all other projects, applicable floor area ratio limits shall apply.

(4) Exposure. In a 100% Affordable Housing Project, as defined in subsection (b)(1), Dwelling Unit exposure requirements of Section 140 shall not apply.

(c) As long as the Planning Commission has delegated its authority to the Planning Director, the Planning Director is authorized to approve only those modifications to Commission Motion No. 19768 necessary to permit construction of a 100% Affordable Housing Project as defined in subsection (b)(1), including modifications to: (1) references to the number and affordability levels of any affordable units; and (2) conditions of approval inapplicable to 100% affordable housing projects under the Planning Code.

(d) This Section 249.15 shall expire by operation of law five years after its effective date unless a project described in subsection (a) has been issued a site permit on or before that date, or the Board of Supervisors, on or before that date, extends that date. Upon expiration of this Section, the City Attorney is authorized to cause this Section 249.15 to be removed from the Planning Code.

(Added by Ord. 4-17, File No. 161067, App. 1/20/2017, Eff. 2/19/2017; amended by Ord. 45-26, File No. 251250, App. 3/26/2026, Eff. 4/26/2026)

(Former Sec. 249.15 added by Ord. 349-95, App. 11/3/95; repealed by Ord. 176-12, File No. 120472, App. 8/7/2012, Eff. 9/6/2012)

AMENDMENT HISTORY

Section amended in full; Ord. 45-26, Eff. 4/26/2026.