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 with ground floor retail, and an increased amount and unique combination of very-low, low, moderate, and market rate rental housing than what would otherwise be allowed in a C-3-G zoning district with a 120-X height limit, there shall be a Mission and 9th Street Special Use District 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 open space and floor area ratio requirements set forth below, the rezoning of the applicable height district set forth in this ordinance number 4-17,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.

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

      (1)   Inclusionary Housing Requirements For Buildings Taller than 120 Feet. In order to allow for the increased amount of Dwelling Units and other exceptions to the Code provided by this Special Use District, on-site inclusionary Dwelling Units pursuant to Planning Code Section 415.6 shall be required. Notwithstanding the provisions of Section 415.6(a)(1) and (2), the number of inclusionary Dwelling Units constructed shall be 25% of all units constructed, with a minimum of 13.5% affordable to households whose total household income does not exceed 55% of Area Median Income for purposes of renting an affordable unit; 4% of the units affordable to low income households, defined in this subsection as households whose total household income does not exceed 70% of Area Median Income for purposes of renting an affordable unit; 4% of the units affordable to households earning 90% of Area Median Income for purposes of renting an affordable unit; and 3.5% of the units affordable to households earning 150% of Area Median Income for purposes of renting an affordable unit. If provided as rental units, the requirements of Section 415.5(g)(ii) shall apply. Except as expressly provided in this subsection, all other provisions of Section 415 shall apply.

      (2)   Inclusionary Housing Requirements For Buildings Less Than or Equal to 120 Feet. Section 415 shall apply in its entirety.

      (3)   Open Space for Dwelling Units. Up to 40 percent 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 this or other Municipal Codes.

      (4)   Floor Area Ratio. For projects that meet 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.

(Added by Ord. 4-17, File No. 161067, App. 1/20/2017, Eff. 2/19/2017)

(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)