SEC. 249.99. 30 VAN NESS AVENUE SPECIAL USE DISTRICT.

(a) Purpose. In order to facilitate the development of a residential mixed-use project generally consistent with the policies of the Market and Octavia Area Plan, there shall be the 30 Van Ness Avenue Special Use District, consisting of Assessor’s Parcel Block No. 0835, Lot No. 004. The boundaries of the 30 Van Ness Avenue Special Use District are designated on Sectional Map No. SU07 of the Zoning Map. The 30 Van Ness Avenue Special Use District is subject to Planning Code Section 405, which requires the refund of development fees in situations where a site permit is abandoned, expires, is withdrawn, or is cancelled, such that it will be necessary to obtain a new permit to carry out any new work on the development project.

(b) Applicability. The provisions of this Special Use District shall only apply to a project that meets the following requirements:

(1) a site permit or First Construction Document has been issued for the project, and work thereunder has commenced, prior to August 1, 2024;

(2) the site permit or First Construction Document in subsection (b)(1) has not been affirmatively abandoned with an intent not to resume work thereunder; has not expired; has not been canceled; and/or has not been withdrawn; and

(3) the project is consistent with the applicable provisions of the Planning Code in effect as of August 1, 2024, inclusive of any variance, modifications, or exceptions granted under the Planning Code, including without limitation, any modifications to a project pursuant to Section 206.6.

(c) Controls. Applicable provisions of the Planning Code shall apply to the 30 Van Ness Avenue Special Use District except as otherwise provided in this Section 249.99. In the event of a conflict between other provisions of the Planning Code and this Section, this Section shall control.

(d) Inclusionary Housing Requirements. The provisions of Section 415 et seq. as amended or replaced from time to time, shall apply to projects subject to the 30 Van Ness Avenue Special Use District, except as follows:

(1) If a project sponsor elects to pay the affordable housing fee under Section 415.5, the project shall comply with the requirements set forth in Section 415.5(b)(1), except that the applicable percentage shall be 16.4%, and the rate of the fee per square foot shall be the rate applicable as of the effective date of the ordinance in Board File No. 240872, enacting this Section 249.99.

(2) If a project sponsor elects to provide on-site Affordable Units pursuant to Section 415.5(g), the housing development shall comply with the requirements of Section 415.6(a), except that the applicable percentage for an Ownership Housing or Rental Housing Project shall be 12%. Project sponsors shall ensure that a minimum of 8% of the Affordable Units are affordable to low-income households, 2% of the Affordable Units are affordable to moderate-income households, and 2% of the Affordable Units are affordable to middle-income households.

requirements of Section 415.6(a), except that the applicable percentage for an Ownership Housing or Rental Housing Project shall be 12%. Project sponsors shall ensure that a minimum of 8% of the Affordable Units are affordable to low-income households, 2% of the Affordable Units are affordable to moderate-income households, and 2% of the Affordable Units are affordable to middle-income households.

(3) If a project sponsor elects to provide off-site Affordable Units pursuant to Section 415.5(g), the housing development shall comply with the requirements of Section 415.7, except that the applicable percentage for an Ownership Housing or Rental Housing Project shall be 16.4%. Project sponsors shall ensure that a minimum of 9.4% of units are affordable to lowincome households, 4% are affordable to moderate-income households, and 3% are affordable to middle-income households.

(4) The provisions of Section 415B shall not apply to projects in this 30 Van Ness Special Use District.

(5) For a project that has elected to pay the affordable housing fee pursuant to subsection (d)(1), the project shall be entitled to receive a waiver against all or a portion of such affordable housing fee. The amount of such waiver shall be calculated as follows: (i) the sum of Article 4 development impact fees paid by the project prior to the effective date of this ordinance; less (ii) 67% of the sum of the applicable Article 4 development fees where such fees are calculated using the fee rates in effect on May 21, 2020; and less (iii) the amount of interest accrued at a rate of 4.5% per annum, calculated on a daily basis for any partial year, on the fees paid by the project under (d)(5)(i), from the date the fees were paid until the effective date of the aforementioned ordinance. The Planning Director shall calculate the amount of the foregoing waiver.

(e) Accessory Parking. The provisions of Section 249.33(b)(10) shall apply to projects in the 30 Van Ness Avenue Special Use District regardless of whether any such project provides 25% or more on-site affordable housing units as defined in Section 415.

(f) Refund of Development Impact Fees. The City shall refund development impact fees under Section 405 if the site permit or First Construction Document in subsection (b)(1) has been affirmatively abandoned with an intent not to resume work thereunder; has expired; has been canceled; and/or has been withdrawn. Any fees to be refunded under Section 405 shall be refunded to the project sponsor within 180 days of the request.

(g) Sunset Provision. This Section 249.99, shall expire by operation of law at the earlier of (1) the City’s refund of development impact fees under Section 405; (2) upon issuance of a Temporary Certificate of Occupancy; or (3) upon issuance of a Certificate of Final Completion by the Department of Building Inspection for the project in subsection (b)(1). Upon expiration of this Section 249.99, the City Attorney is authorized to cause its provisions to be removed from the Planning Code and the Zoning Map.

(Added by Ord. 1-25, File No. 240872, App. 1/31/2025, Eff. 3/3/2025)