Letter of Determination

Transcription

1 SAN FRANCISCO PLANNING DEPARTMENT September 4, 2013 Ian Dunn OpenScope Studio, Architects (415) Site Address: Assessor s Block/Lot: Zoning District: Staff Contact: Letter of Determination h Street 3552/043 RH-3 (Residential, House, Three-Family) Diego R Sanchez (415) , diego.sanchez@sfgov.or 1650 Mission St. Suite 400 San Francisco, CA Reception: Fax: Planning Information: Dear Mr. Dunn: This letter is in response to your request for a Letter of Determination regarding the property at th Street. This parcel is located in the RH-3 (Residential, House, Three-Family) Zoning District, 50-X Height and Bulk District and is within mile of the Mission Street Neighborhood Commercial Transit District. A February 20, 2001 Letter of Determination indicated that the existing commercial film studio use located on the subject property is a legal nonconforming arts activity. The request is (1) whether a 2,000 square foot space within the existing legal nonconforming arts activity use can be converted to a space utilized to host events; (2) whether an existing kitchen serving an existing accessory office use may be converted to a commercial kitchen to service the proposed event space; and (3) whether the conversion of an existing ground floor storage area to a limited restaurant, approximately 150 square feet in size, is permissible. Relevant Planning Code Sections Planning Code Section defines "Arts Activity and Spaces" as a use that includes, but is not limited to, exhibitions (except the exhibition of films), studios and galleries. To the extent a tenant space or area within a legally established arts activity use is utilized for the exhibition of art or the on-going work of artists, then the use is considered an arts activity and/or arts space. The exhibition of films on a nonretail basis as part of the exhibition of an artists work is also considered an arts activity as Planning Code Section defines a Movie Theater as a retail use which displays motion pictures. Planning Code Section delineates the limitations on the nature of uses considered accessory for uses other than Dwelling Units in Residential Districts and indicates that no use may be considered accessory that (1) uses more than one-fourth of the total floor area occupied by such use and the principal or conditional use to which it is accessory; (2) includes the use of show windows or window displays or advertising to attract customers or clients; (3) includes the conduct of any activity of a profit-making or commercial nature; or (4) is a Medical Cannabis Dispensary. In general, a use that complies with the above stated limitations may be an accessory use to a use other than a dwelling unit.

2 Ian Dunn September 4, 2013 OpenScope Studio, Architects Letter of Determination (415) th Street Planning Code Section 182 allows for the change of use of a nonconforming use to a use that is more widely permitted by the use districts of the City than the existing use. For nonconforming uses located within 1/4 mile of any Individual Area Neighborhood Commercial District, a nonconforming use may change to another use which is permitted as a principal or conditional use at the first story in an NC-1 District and in the Individual Area Neighborhood Commercial District. Determination The proposal to convert approximately 2,000 square feet within the existing legal nonconforming arts activity use to an event space may be permissible as an arts activity if the events fall within the definition of an arts activity as outlined in Planning Code Section Events such as networking functions, media functions and product launches cannot be considered an arts activity. These events may be considered an Assembly Space as defined in Planning Code Section (a), which is allowed within an NC-1 Zoning District and the Mission Street Neighborhood Commercial Transit District per Planning Code Sections and respectively. A building permit application and neighborhood notification pursuant to Planning Code Section 311 would be required to realize a change of use to an assembly space. The proposal to convert an existing kitchen serving the existing accessory office use to a commercial kitchen to service the proposed event space may be allowed as an accessory use to the proposed event space. The new kitchen must conform to the limitations on accessory uses as outlined in Planning Code Section The proposal to convert an existing ground floor storage area to a limited restaurant, approximately 150 square feet in size is permissible as Planning Code Section 182 allows the changing of use of a nonconforming use based on uses allowed within the NC-1 Zoning District and any Individual Area Neighborhood Commercial District within mile of the nonconforming use. A limited restaurant is a principally permitted use at the ground floor within the NC-1 and Mission Street Neighborhood Commercial Transit Districts per Planning Code Sections and , respectively. A building permit application and neighborhood notification pursuant to Planning Code Section 311 would be required to realize a change of use to a limited restaurant use. APPEAL: If you believe this determination represents an error in interpretation of the Planning Code or abuse in discretion by the Zoning Administrator, an appeal may be filed with the Board of Appeals within 15 days of the date of this letter. For information regarding the appeals process, please contact the Board of Appeals located at 1650 Mission Street, Room 304, San Francisco, or call (415) Sincerely, Scott F. Sanchez Zoning Administrator SAN FRANCISCO 2 PLANNING DEPARTMENT

3 Ian Dunn September 4, 2013 OpenScope Studio, Architects Letter of Determination (415) h Street cc: Diego R Sanchez, Planner Property Owner Neighborhood Groups DRS g:\docunwnts\ letters of determination \ th street\ th street lod.doc SAN FRANCISCO PLANNING DEPARTMENT

4 OI E STUlIO ARCHITECTURE I IIRBANISM l IESIGN Mr. Scott Sanchez, Zoning Administrator San Francisco Planning Department 1650 Mission Street, 4th Floor San Francisco, CA I Re: th Street, San Francisco - Parcel 3552/043, Zoned RH-3 June 27, 2013 Mr. Sanchez, I am writing on behalf of the Owners of th Street to request a Letter of Determination regarding three partial change-of-use proposals at the property. The primary reference I have used in reviewing these issues is the San Francisco Planning Code, Section 182 Nonconforming Uses: Change of Use, and Section 186 Exemption of Limited Commercial and Industrial Nonconforming Uses in RH, RM, RTO, and Red Districts. I spoke to a planner at the Planning Information Center, reviewed the code sections with her, and she recommended I apply for a Letter of Determination prior to submitting for a Site Permit. The structure was built in 1940 to be a warehouse, but was converted to a photography studio in This use was considered an Arts Activity, and deemed consistent with the Planning Code. In 1997, the use changed to a commercial film studio; this was still deemed to be an approved non-compliant use as it maintained the Arts Activity classification. The ownership has changed since 1997, but the building is still occupied by a (different) commercial video production company called Avocados and Coconuts. The building is laid out with a large double-height central filming room on the ground floor, surrounded by the video production offices, editing rooms, etc. (a plan diagram is attached). Avocados and Coconuts has been holding private corporate events and similar assembly uses in the large filming room since February. Since the building is only approved for office use (B-Occupancy), the Owners have been applying for, and receiving, temporary permits from the Fire Marshall in order to safely and legally hold assembly events in the space. The Fire Marshall has recently stopped issuing those permits until the Owner is able to provide evidence that they are actively trying to convert the event space to a permitted assembly occupancy (A-occupancy). The primary use of the building remains film production, but the Owner would appreciate the flexibility of continuing to utilize the space for hosting events. The proposed assembly occupancy will be approximately 2,000 SF out of the buildings 5,200 gross SF. The rest of the building will remain B-occupancy film production office space. Other than minor modifications to the exit doors, no exterior modifications are anticipated due to this change of use. Will the partial and part-time change-of-use from film production office space to event space still be deemed consistent with the approved Arts Activity, or otherwise permitted in the RH-3 zoning designation? Regarding th Street, San Francisco, Parcel 3552/043

5 NSCOIE STUO ARCHITECTURE I IIRBANISM I IESIGN In conjunction with the event space, Avocados and Coconuts is interested in upgrading their ground-floor office kitchen to a commercial kitchen, with relevant Health Department permits, suitable for use by an outside caterer who could provide food and beverages for the hosted events. This would seem to be acceptable per Section 186, as a Limited-Use Restaurant is listed as permitted on the first story of NC-1. Would this facility upgrade and accessory use to the event space also be deemed consistent with the Arts Activity classification, or otherwise permitted in the RH-3 zoning designation per Section 186? The Owners are also researching the conversion of a ground-floor storage room in the front of the building into a small cafe/juice bar. The cafe would serve the video production offices, attendees of hosted events, and be open to the sidewalk for use by the general public. The cafe/juice bar would be approximately 150 SF, and would likely require modifications to the facade (e.g. addition of a storefront window and entry door). This would seem to be acceptable per Section 186, as a Limited-Use Restaurant is listed as permitted on the first story of NC-1. Would this retail food service component be deemed consistent with the Arts Activity classification, or otherwise permitted in the RH-3 zoning designation per Section 186? Finally, if none of these proposals are determined to be consistent with the Planning Code, please explain, briefly, what the process would be to change the RH-3 classification to something consistent with both the historic uses of the building, and the mixture of UMU and PDR zoning that comprise nearly all of the parcels in the two to three blocks surrounding the project site. Thank you for your time, and for your consideration of these questions. Please contact me directly if you have any questions, or need additional information. Sincerely, /4L Ian Dunn OpenScope Studio, Architects (415) iandunn@openscopestudio.com Regarding th Street, San Francisco, Parcel 3552/043

6 411 ENSC40IE STUIIIO ARCHITECTURE I URBANISM I IIESIGN PROPOSED EVENT SPACE Regarding th Street, San Francisco, Parcel 3552/043

7 01 11ENSCORE STUO ARCHITECTURE I URBANISM I IPESIGN EXISTING WAREHOUSE FACADE Regarding th Street, San Francisco, Parcel 3552/043

8 401SENSCO ME STUO- ARCHITECTURE I IIRBAtISM I IESIGN I EXISTING SIDEWALK FRONTAGE Regarding th Street, San Francisco, Parcel 3552/043

9 I- LIJ I- Cl) I- U, JILDING ENTRY GROUND FLOOR DIAGRAM AVOCADOS AND COCONUTS /S=O 6-2-2O1 I -whi NVA II D02

10 Sec. 311 San Francisco - Planning Code 1850 Code Section: 311 Subject: Notification, Change of use for nonconforming/limited conforming uses in nonresidential buildings Effective Date: 11/08 (Amended 06/09) Interpretation: Planning Code Section 311 requires notification for certain projects in RH and RM districts. Projects subject to the notification requirement include "all building permit applications for demolition and/or new construction, and/or alteration of residential buildings "For the purposes of this Section, an alteration shall be defined as any change in use or change in the number of dwelling units of a residential building, removal of more than 75 percent of a residential building s existing interior wall framing or the removal of more than 75 percent of the area of the existing framing, or an increase to the exterior dimensions of a residential building except those features listed in Section 136(c)(1) through 136(c)(24) and 136(c) (26)." Technically then, uses which are nonresidential could be demolished (as defined), expand or change use without notification if they constitute the sole occupancy of a structure in RH and RM districts. (It is Possible that the original legislation did not contemplate this exception to the notification requirements as most allowable nonresidential uses in RH and RM districts, such as schools and churches, are separately subject to discretionary approvals with associated notice, most often Conditional Use approval, for change of use or significant expansions.) Section 307 of the Planning Code states the Zoning Administrator may "with the expressed standards, purposes and intent of this Code and pursuant to its objectives, issue and adopt such rules, regulations and interpretations as are in the Zoning Administrator s opinion necessary to administer and enforce the provisions of this Code." In this instance, the ZA believes that it is not logical, nor consistent with the intent of the Code, for conforming uses within residential districts, for example residential buildings that add or subtract units, to be subject to notification requirements while demolitions, expansions or changes in occupancy of non-residential uses, which are generally non-conforming or conditional uses, would not. Therefore, the ZA has determined that notice shall be required under section 311 for all demolitions, expansions and changes of use in RH and RM districts, including those in non-residential buildings. Code Section: Subject: 311(b) Effective Date: 3/96 Interpretation: Building permit notification, exemptions This Subsection states that the notification requirement of this Section shall apply to those residential building permits to change use or increase the exterior dimension of a residential building in RH and RM Districts except for those features listed in Section 136(c)(1) through 136(c)(24) and 136(c)(26). The Section 136 features referenced are minor additions, representing relatively small or no building volume, or are visually hidden by existing features such as parapets. etc. Since it appeared to be the intention of Section 311 to exempt minor building features from notification, other features that do not increase the "envelope" of a residential building or other minor features may also be exempt from notification though not expressly mentioned as exempt by Section 311. [A building s "envelope" is the theoretical cube into which the building would fit.] Such features are listed below. These exemptions refer only to the initial notification of a building permit application required by Section 311(b)(2). They do not exempt notification of parties for any public hearing to consider the project. [Note: bold print has no significance other than as an aid in finding the appropriate feature.] 4/96: Since many building features listed in Section 260 are similar to the exemptions of Section 11 36, certain Section 260 features will also be exempt from the notification requirement. They are: Supp. No. 37, July September 2011

11 PLANNING DEPARTMENT Lc ) City and County of San Francisco 1660 Mission Street, Suite 500 San Francisco, CA (415) PLANNING COMMISSION ADMINISTRA1ION CURRENT PLANNING /ZONING LONG RANGE PLANNING FAX: FAX: FAX FAX February-1 0, 2001 Jock McDonald Jock McDonald Film, Inc th Street San Francisco, CA Re: Request for Written Determination pursuant to Planning Code 307(a) Property address: th Street Block/Lot: 3552/43 Zoning District: RH-3 (Residential, House Districts, Three-Family) District Dear Mr. McDonald: This is in response to your letter of January 17, 2001 requesting a reconsideration of my written determination dated October 27, 2000 as to the compliance of the present use of the property located at th Street, Block 3552, Lot 43 (the "Property") with the Planning Code. I have reviewed the additional building permit evidence and the February 13, 2001 letter from Ms. Trudy Cohn. Based upon my re-examination of the circumstances, I have made the following revised determination. This letter supersedes my written determination dated October 27, Present and Historical Use The 5,000-square-foot lot contains an approximately 6,200 square foot industrial building. County Assessor and Metroscan data indicate the building was constructed in According to your letter, the property has been occupied by various industrial and commercial uses, first for the manufacture of refrigeration equipment, then between 1975 and 1980 as a wholesale storage warehouse for a building supply company, between 1980 and 1997 as a commercial photography studio, and since 1997 as a commercial film studio and accessory office. 2. Zoning and Permitted Uses The property is currently zoned RH-3 (Residential, House Districts, Three-Family). Our records indicate the property was zoned M-1 (Light Industrial) until approximately 1978, when the property and parts of the surrounding neighborhood were rezoned to RH-3. Under the current F1-I-3 zoning, the only allowable uses of the property would be those principally permitted or conditionally permitted uses identified in Section 209 of the Planning Code, which include dwellings, other housing, institutions, community facilities, and live/work occupied by arts activities. Commercial and industrial uses are not permitted. 4. Nonconforming Use In 1978, when the property was rezoned from M-1 to RH-3, the wholesale storage warehouse use which occupied the property at that time became a nonconforming use, subject to the provisions of Sections Per Section 182(b), a nonconforming use may be changed to a use that is more - I

12 Sanchez, Diego From: Ian Dunn > Sent: Monday, August 05, :44 AM To: Sanchez, Diego Subject: Re: Nature of Event Space ' th Street Mr. Sanchez, I ve heard back from the Owner of th to get more information on the types of events they host. They ve provided me a list of the types of events they have hosted in the past and/or are receiving requests to host: - Screenings of films not produced by the owner 7 Ji.Screenings of films that are produced by owner - 1 Art shows 1-1,i. - Fashion shows - - Private events for film industry trade press and media groups, including relationship/networking workshops and new 2 product launches :..,..., I hope that helps. If you have any other questions, please let me know. Thank you, Ian Dunn AlA, LEED OpenScope Studio c On Thu, Aug 1, 2013 at 4:01 PM, Sanchez, Diego <die go. sanchez()sfgov.org > wrote: Mr. Dunn, I am the planner assigned to the Letter of Determination that you submitted regarding the property at th Street. I have an initial question: what is the nature of the event space proposed? The Letter mentions "private corporate events." Can you clarify what the intention of the space will be and what are the "private corporate events"? Are the event to show films produced at commercial film studio? Thanks much Diego R Sanchez Planner, SE Quadrant San Francisco Planning Department 1650 Mission Street, Suite 400 San Francisco CA 94103