SEC. 249.81. 1629 MARKET STREET SPECIAL USE DISTRICT.

A Special Use District entitled the 1629 Market Street Special Use District (1629 Market Street SUD, or SUD), is hereby established for the purposes set forth in this Section 249.81.

(a) Location. The 1629 Market Street SUD is generally bounded by Market Street to the north, Brady Street to the west, Chase Court to the south, and 12th Street to the east, and consists of Assessor’s Parcel Block No. 3505, Lots 001, 007, 008, 027, 028, 029, 031, 031A, 032, 032A, 033, 033A, 034, and 035. Its boundaries are shown on Special Use District Map SU07 of the Zoning Map.

(b) Purpose. The purpose of the 1629 Market Street SUD is to give effect to the Development Agreement for the 1629 Market Street Project, as approved by the Board of Supervisors in the ordinance in File No. 170938. The 1629 Market Street SUD will facilitate the provision of a mixed use development in a transit-rich location with residential, retail, open space, parking, and related uses. The SUD will provide benefits to the City including: provision of on-site affordable housing units at a levels of affordability exceeding City requirements; replacement of existing Residential Hotel Units with modern, on-site units at a replacement ratio exceeding the requirements of Chapter 41 of the Administrative Code, the Residential Hotel Unit Conversion and Demolition Ordinance; land donation, construction, and maintenance of publicly accessible open space; and improvement of Stevenson Street for pedestrian and automobile use.

(c) Controls. Applicable provisions of the Planning Code shall apply to the 1629 Market Street SUD except as otherwise provided in this Section 249.81 . In the event of a conflict between other provisions of the Planning Code and this Section, this Section shall control.

(1) Usable Open Space.

(A) Amount Required and Phasing. The required square footage of usable open space shall be 36 square feet per dwelling unit. Open space requirements may be met at this ratio with the following types of open space: “private usable open space” as defined in Section 135(a) of this Code; and “common usable open space” as defined in Section 135(a), which may be open to the public. Usable open space has been designed on a SUD-wide basis and the requirements are expected to be met through a combination of private and common spaces associated individual buildings, as well as approximately 8,600 square feet of plaza and mid-block open space that will be developed in accordance with the Development Agreement for the project. Accordingly, compliance with open space requirements shall be evaluated at project buildout on a District-wide (as opposed to building-by-building) basis.

(B) Common usable open space that otherwise qualifies as an inner court under Section 135(g)(2) of this Code shall be exempt from the 45-degree requirements of that Section, and projections of portions of adjacent residential structures over such open space shall be considered permitted obstructions under Sections 135(g)(2) and 136 of this Code, provided that each such projection leaves at least 7 1/2 feet of headroom.

space that otherwise qualifies as an inner court under Section 135(g)(2) of this Code shall be exempt from the 45-degree requirements of that Section, and projections of portions of adjacent residential structures over such open space shall be considered permitted obstructions under Sections 135(g)(2) and 136 of this Code, provided that each such projection leaves at least 7 1/2 feet of headroom.

(2) Narrow Streets and Alleys. Planning Code Section 261.1(d)(1) shall not apply to the following subject frontages: the north side of Chase Court and the west side of Colusa Place; the north side of Colton Street and the east side of Colusa Place; the north side of Stevenson Street; and the east side of Brady Street. Planning Code Section 261.1(d)(2) shall not apply to the following subject frontages: the south side of Colton Street, and the south side of Stevenson Street.

(3) Affordable Housing. The following shall apply in lieu of any other inclusionary or affordable housing exactions set forth in this Code: Twelve percent (12%) of all of the residential units constructed on site shall be affordable to residents at or below 100% Area Median Income for the life of the applicable building, except for the approximately 95 to 100 residential units to be constructed on Assessor’s Parcel Block No. 3505, Lots 27 and 28, referred to as the Colton Street Building, which shall be affordable to residents at or below 60% Area Median Income for the life of the building. As a result, the project will achieve approximately twenty eight percent (28%) affordability. Notwithstanding the foregoing, Developer may satisfy all or a portion of the twelve percent inclusionary requirements through the application of affordable housing credits as set forth in the Development Agreement.

(Added by Ord. 241-17, File No. 170938, App. 12/15/2017, Eff. 1/14/2018, Oper. 1/14/2018; amended by Ord. 289-18, File No. 180892, App. 12/7/2018, Eff. 1/7/2019)

AMENDMENT HISTORY

Division (c)(3) amended; Ord. 289-18, Eff. 1/7/2019.