Letter of Determination Suite 400

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1 ;P~9 counrfo~ U ~ ~,z w,~ x ~, '~ ~ ~ a 0 ~b3s 0~5~ SAN FRANCISCO PLANNING DEPARTMENT September 28, 2015 Warner Schmalz ForumDesign 1014 Howard Street San Francisco CA Site Address: Assessor's Block/Lot: Zoning District: Staff Contact: 1650 Mission St Letter of Determination Suite 400 San Francisco, CA Bryant Street 4016/003 PDR-1-G Production, Distribution &Repair 1-General Jonathan DiSalvo, (415) or ionathan.disalvo@sfgov.org Reception: Fax: Planning Information: Dear Mr. Schmalz: This letter is in response to your request for a Letter of Determination regarding the property at 1999 Bryant Street. This parcel is located in the PDR-1-G (Production, Distribution &Repair General) Zoning District and 68-X Height and Bulk District. The request is whether a proposed event space could be considered to be an accessory use to an existing furniture gallery, sales, fabrication, wholesaler and design business (dba The NWBLK). Per Planning Code Section 204.3(b), no use shall be permitted as an accessory use to a lawful principal use in any PDR District that involves more than one-third of the total floor area occupied by such use and the principal use to which it is accessory. As shown in the plans provided with the Letter of Determination request, the proposed event space would occupy more than one-third of the total floor area of the principal use to which it is accessory; therefore, the proposal would not be permitted as an accessory use. Per phone a conversation between staff and Steven Miller of NWBLK on September 23, 2015, the events proposed to be held on-site include product launch events, philanthropic events, and corporate events. Light food, music, and wine are activities usually included as part of these events. In order to conduct a change of use to include the proposed event space at the subject property, please submit a Building Permit Application. The proposed event space use appears to meet the definition of an Entertainment, General Use (as defined in Planning Code Section 102). This use is principally permitted in the PDR-1-G Zoning District. A change of use from Wholesale Sales, which is a Production, Distribution, and Repair (PDR) Use to an Entertainment Use, General Use, allon-residential Use, would subject the change of use to Tier 2 Eastern Neighborhood Impact Fees per Planning Code Section 423, at $7 per gross square foot.

2 Warner Schmalz FORUM DESIGN, Ltd 1014 Howard Street San Francisco CA September 28, 2015 Letter of Determination 1999 Bryant Street APPEAL: IE 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 cc: Jonathan DiSalvo, Planner Property Owner Neighborhood Groups Mike Webster, BBN Requestor SAN FRANCISCO PL/WNING DEPORTMENT

3 The architecture office of Warner H. Schmalz A. I. A. August 17, Howard Street San Francisco, CA T F forumdesign.com Re:1999 Bryant Street Block 4016 lot 003 Proposed Change of Use Mr. Scott Sanchez Zoning Administrator San Francisco Planning Dept Mission Street, Suite 400 San Francisco, Ca Dear Mr. Sanchez, RECEIVED AUG CITY &COUNTY OF S.F. PLANNING DEPARTMENT ZA OFFICE am writing this memo on behalf of my client The NWBLK (New Black), Steven Miller and partners, who are tenants in an existing one story industrial building at this address. Their business is furniture gallery: sales, fabrication, wholesaler and design. The property is zoned PDR-1-G and their current use by our investigation is a legally conforming use. The previous use was a sign fabrication and storage facility occupied by the City of San Francisco DPW. The primary inquiry of this memo is to confirm the entitlement process for an accessory Change of Use for a portion of the building. As a part of their business, off-site and on-site fabricated furniture and products are displayed in an open space gallery within the existing 1 1,600 s.f. building which is comprised of one ground floor and a partial mezzanine. Approximately half of this ground floor area (5,900 sfl is dedicated to the gallery use. Their proposal is to use the gallery portion of the ground floor as an accessory event space on a part time basis. Their proposed event schedule is approximately 3 events per month which, together with set up and take down time, will occupy approximately 10 day per month: 1 day to prepare for event, 1 day for events, 1 day for take down and storage. The remainder of that time the space remains a gallery. We have contacted the Entertainment Commission. As there will rarely be live entertainment, dancing, live music (those events will be permitted only on an as per basis) or on-site food preparation within the event space, we understand we will not be required to apply to the commission for a broader permit. Please confirm the flowing information: 1. To confirm the legal Change of Use requested above we request a Leiter of Determination be prepared. A Letter of Determination confirming that a Change of Use once approved, will enable the tenant/project sponsor to obtain financing for future

4 improvements to the building for the construction work (sprinkler system, upgraded entries and exits) required for the change of use. 2. Please confirm if along with the Letter of Determination, a formal Change of Use needs to be submitted for the tenant improvements sited above. A building permit for improved exiting from the building will be submitted for the shared gallery event/space use. 3. With the proposed change of use to event space, which will be used approximately 1 /3 of the time as an accessory use to the principal PDR use, we assume Eastern Neighborhood impact fees or TIDF impact fees will not be charged. Please confirm. 4. For the Letter of Determination please confirm any conditions of use which may be placed on the gallery/event space with regard to hours of operation, number of events per month, occupancy limitation (number of persons) or related limitations or requirements. The Project Sponsor runs a business in this building in conformance to the production, distribution and repair use intent of the Planning Code for this district. The event space is an accessory use by time measurement which will financially sustain the gallery, design, and fabrication portion of their business. The New Black has a good relationship with the surrounding community having been in business there for several years. They have conducted occasional events within the existing building with permits granted by the Fire Dept. without issue. They propose to use the event space accessory use to maintain the viability of their primary PDR business. The confirmation of the legal expanded use of this building by the City of San Francisco is an important goal for this small locally owned business. Attached are preliminary floor plans illustrating the layout of the ground floor and mezzanine, and area calculations for the entire one story industrial building. Thank you for your consideration. Very FORUM DE IGN, Lt~ Warner H. Sc Iz,.I.A. CC: S. Miller

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Letter of Determination

Letter of Determination SAN FRANCISCO PLANNING DEPARTMENT September 4, 2013 Ian Dunn OpenScope Studio, Architects (415) 310.8092 iandunn@openscopestudio.com Site Address: Assessor s Block/Lot: Zoning District: Staff Contact: