Planning Code, Zoning Map - Mission and 9th Street Special Use District
Ord. No. 0004-17
in effectFILE NO. 161067
AMENDED IN BOARD
12/6/2016
ORDINANCE NO. 004-17
[Planning Code, Zoning Map - Mission and 9th Street Special Use District]
Ordinance amending the San Francisco Planning Code to add Section 249.15 to create
the Mission and 9th Street Special Use District in the area generally bounded by
Mission Street on the south, Laskie Street on the east, Assessor's Block No. 3701, Lot
Nos. 22, 23 and 24, on the west, and Assessor's Block No. 3701, Lot No. 66, to the
north; amending the Zoning Map Sheet SU07 to create the Mission and Ninth Street
Special Use District; amending Zoning Map Sheet HT07 to change the height limit on
Assessor's Block No. 3701, Lot Nos. 20 and 21, from 120-X to 200-X; affirming the
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I Planning Department's determination under the California Environmental Quality Act;
and making findings of consistency with the General Plan, and the eight priority
policies of Planning Code, Section 101.1.
NOTE:
Unchanged Code text and uncodified text are in plain Arial font.
Additions to Codes are in single-underline italics Times New Roman font.
Deletions to Codes are in strikethrough italics Times }few Roman font.
Board amendment additions are in double-underlined Arial font.
Board amendment deletions are in strikethrough /\rial font.
Asterisks (* * * *) indicate the omission of unchanged Code
subsections or parts of tables.
Be it ordained by the People of the City and County of San Francisco:
Section 1 .
(a) On August 24, 2016, the Planning Department's Environmental Review Officer
finalized the Mitigated Negative Declaration ("MND") for the 1270 Mission Street Project,
including a General Plan Amendment, and these Planning Code and Zoning Map
Amendments, and determined that the MND was adequate, accurate and complete and
reflected the independent judgment of the Planning Department. A copy of the MND and this
Supervisors Kim; Peskin
BOARD OF SUPERVISORS
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!Determination is on file with the Clerk of the Board of Supervisors in File No. 161067 and is
lincorporaled herein by reference. Al the saffie hearing, IIhe Planning Commission adopted
the MND and a Mitigation Monitoring and Reporting Program in its Motion No. 19768 on
October 27, 2016. In accordance with the actions contemplated herein, this Board has
!reviewed the MND and the record as a whole, and adopts and incorporates by reference, as
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!though fully set forth herein, the findings, including the Mitigation Monitoring and Reporting
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I Program, pursuant to the California Environmental Quality Act (California Public Resources
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1Code Section 21000 et seq.), adopted by the Planning Commission on October 27, 2016, in
Motion No. 19768. A copy of said Motion No. 19768 is on file with the Clerk of the Board of
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1 Supervisors in File No. 161067 and is incorporated herein by reference. The Planning
Department, Jonas lonin, is the custodian of records, located in File No.2014.0926ENV, at
1650 Mission Street, Fourth Floor, San Francisco, California.
(b) On October 27, 2016, the Planning Commission, in Resolution No. 19767, adopted
findings that the actions contemplated in this ordinance are consistent, on balance, with the
City's General Plan and eight priority policies of Planning Code Section 101.1. The Board
adopts these findings as its own. A copy of said Resolution is on file with the Clerk of the
Board of Supervisors in File No. 161067, and is incorporated herein by reference.
( c) Pursuant to Planning Code Section 302, this Board finds that these Planning Code
amendments will serve the public necessity, convenience, and welfare for the reasons set
forth in Planning Commission Resolution No. 19767 and the Board incorporates such reasons
herein by reference, as though fully set forth herein. A copy of Planning Commission
Resolution No. 19767 is on file with the Clerk of the Board of Supervisors in File No. 161067.
Section 2. The Planning Code is hereby amended by adding Section 249.15 to read as
follows:
Supervisors Kim; Peskin
BOARD OF SUPERVISORS
Page 2
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 o[Assessor's Block 3701, as designated on Sectional Map
SU07 o[the Zoning Map. The exceptions to the av..plicable open space and floor area ratio
I requirements set forth below, the rezoning ofthe applicable height district set forth in this ordinance
!number
, and the resulting increased number of Dwelling Units allowed by the SUD, shall be
considered forms of assistance specified in Chapter 4. 3 o[the California Government Code.
(Q)
Controls. All provisions o[the Planning Code applicable to a C-3-G District shall aP, ply
except as otherwise provided in this Section.
(I)
Inclusionary Housing Requirements For Buildings Taller than 120 Feet. In
order to allow (or 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 o[Section 415. 6(a){J) and (2), the number o f
inclusionary Dwelling Units constructed shall be 21.5%_25% of all units constructed, with a minimu m
ofl3.5% a-ffprdable to households whose total household income does not exceed 55% o[Area Medi an
Income (or purposes of renting an affordable unit; a-00 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 (or purposes of renting an affordable unit; afl€I. 4% oft he units affordab le
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 purpos es
of renting an affordable unit. ![provided as rental units, the requirements o[Section 415.5(g)(ii) sh all
, aT2J2.ly. Except as expressly provided in this subsection, all other provisions o[_Section 415 shall apply.
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Supervisors Kim; Peskin
BOARD OF SUPERVISORS
Pag e3
(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
o[the boundaries ofthe SUD. Open space must be of one or more ofthe following types:
(A)
An unenclosed plaza at street grade, with seating areas and landscaping;
(B)
A terrace or roofgarden 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
allevwavs ftom 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)(l ), 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
I defined in Section 102. For oil other projects, O[!J!licob/e floor orea rolio limits sholl applv.
Section 3. The Planning Code is hereby amended by revising Sheet SU07 of the
Zoning Map as follows:
Description of Property
Use District to be
Use District Hereby Approved
Superseded
Assessor's Block 3701, Lots 20
C-3-G
Mission and 9th Street SUD
and 21
Supervisors Kim; Peskin
BOARD OF SUPERVISORS
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Section 4. The Planning Code is hereby amended by revising Sheet HT07 of the
Zoning Map as follows:
Description of Property
Assessor's Block 3701, Lots 20
and 21
Height/Bulk District
Height/Bulk District Hereby
to be Superseded
Approved
120-X
. 200-X
Section 5. Effective and Operative Date.
(a)
This ordinance shall become effective 30 days after enactment. Enactment
occurs when the Mayor signs the ordinance, the Mayor returns the ordinance unsigned or
does not sign the ordinance within ten days of receiving it, or the Board of Supervisors
overrides the Mayor's veto of the ordinance.
(b)
This ordinance shall become operative upon its effective date or upon the
effective date of the related General Plan Amendment contained in Board of Supervisors File
No. 161184, whichever occurs later. If the effective date of the related General Plan
Amendment does not occur within 90 days of the effective date of this ordinance, this
ordinance shall expire by operation of law.
Section 6. Sunset Provision. This ordinance shall expire by operation of law five years
after its initial effective date unless the project described in Section 2 has received a first
1 construction document on or before that date, or the Board of Supervisors, on or before that
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Supervisors Kim; Peskin
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date, extends or re-enacts it. Upon expiration of this ordinance, the City Attorney shall cause
the ordinance to be removed from the Planning Code.
APPROVED AS TO FORM:
DENNIS J. 1-tiERRERA, City Attorney
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By:
n:\legana\as2016\1600870\01155799.docx
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Supervisor Kim
BOARD OF SUPERVISORS
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City and County of San Francisco
Tails
Ordinance
City Hall
I Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
File Number:
161067
Date Passed: January 10, 2017
Ordinance amending the Planning Code to add Section 249.15 to create the Mission and 9th Street
Special Use District in the area generally bounded by Mission Street on the south, Laskie Street on
the east, Assessor's Parcel Block No. 3701, Lot Nos. 22, 23, and 24 on the west, and Assessor's
Parcel Block No. 3701, Lot No. 66 to the north; amending the Zoning Map Sheet SU07 to create the
Mission and 9th Street Special Use District; amending Zoning Map Sheet HT07 to change the height
limit on Assessor's Parcel Block No. 3701, Lot Nos. 20 and 21, from 120-X to 200-X; affirming the
Planning Department's determination under the California Environmental Quality Act; and making
findings of consistency with the General Plan, and the eight priority policies of Planning Code,
Section 101.1.
November 14, 2016 Land Use and Transportation Committee - CONTINUED
November 28, 2016 Land Use and Transportation Committee - AMENDED
November 28, 2016 Land Use and Transportation Committee - RECOMMENDED AS
AMENDED
December 06, 2016 Board of Supervisors -AMENDED, AN AMENDMENT OF THE
WHOLE BEARING SAME TITLE
Ayes: 10 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang and
Yee
December 06, 2016 Board of Supervisors - RE-REFERRED AS AMENDED
Ayes: 10 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang and
Yee
December 12, 2016 Land Use and Transportation Committee - RECOMMENDED AS
COMMITTEE REPORT
December 13, 2016 Board of Supervisors - PASSED ON FIRST READING
Ayes: 10 -Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang and
Yee
Vacant: 1 - District 8
January 10, 2017 Board of Supervisors - Fl NALLY PASSED
City mu/ County of San Francisco
Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Tang, Yee
and Sheehy
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Printed at 11: 57 am 011 1111117
File No. 161067
City and County of San Francisco
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I hereby certify that the foregoing
Ordinance was FINALLY PASSED on
1/10/2017 by the Board of Supervisors of
the City and County of San Francisco.
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Date Approved
Printed at 11 :57 am on 1111117
References
amendsSec. 249.14
amendsSec. 249.15
amendsSec. 249.16
amendsSec. 249.17
Source: sf_ordinance_pdfURL: http://sfbos.archive.sf.gov/sites/default/files/o0004-17.pdfFetched: 7/4/2026