Letter of Determination Suite 400

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1 SA FRACISCO PLAIG DEPARTMET June 17, 2014 Andy Creager & Don Toy Beach 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 Reception: Fax: Planning Information: Beach Street A/0O1 RH-i (House, One-Family) District Laura Aiello, (415) or laura.ajello@sfgov.org Dear Mr. Creager & Mr. Toy: This letter is in response to your request for a Letter of Determination regarding the property at Street. This parcel is located in an RH-i (House, One-Family) Zoning District with a 40-X Height and Bulk District. The parcel is developed with a 6-unit apartment building and is nonconforming as to density. The request is to determine whether a deck deeded for exclusive use by one unit can be enclosed and converted into habitable space to be divided equally between two units. One or both of the units in question is considered non-conforming (as described in Section 181 of the Planning Code). The building is currently under review for conversion to condominiums (Case o Q). As part of the condominium conversion process, based on the RH-i zoning designation, five of the six existing units will officilly be designated as nonconforming. A otice of Special Restrictions will be required to designate the nonconforming units when any future expansion is proposed. Your letter states that the only undeveloped area on the lot is a 120 square foot deck on the third floor, which is only accessible by units 1957 and Your understanding of the Planning Code is correct; only the unit designated as conforming is able to be expanded. Pursuant to Section 181 of the Planning Code, a nonconforming use, and any structure occupied by such use, shall not be enlarged, intensified, extended, or moved to another location, unless the result will be elimination of the nonconforming use. Pursuant to Section 181.1(a), a nonconforming use shall not be extended to occupy additional space in a structure, or additional land outside a structure, or space in another structure, or to displace any other use. This applies to five of the six dwelling units. Therefore, the proposed expansion is possible for one unit only, which must be designated as the conforming onefamily use on the subject property. Please note that enclosing this private open space area would increase the size of the building envelope and change a street facing fa ade. As the existing building is over 45 years old and the project is visible from the public right-of-way, an Environmental Evaluation application with Supplemental Historic Resource Determination would be required.

2 Andy Creager & Don Toy June 17, Beach Street Letter of Determination San Francisco CA Beach Street 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 cc: Property Owner eighborhood Groups Laura Ajello, Planner SA FRACISCO 2 PLAIG DEPARTMET

3 Andy Creager 1957 Beach Street San Francisco, CA (v) /Oc4y Don Toy 1959 Beach Street San Francisco, CA q4// *6fS, 5/28/14 Request for Letter of Determination Scott Sanchez Zoning Administrator 1650 Mission Street, Suite 400 San Francisco, CA Re: 1957 and 1959 Beach Street Exclusive Use Deck, Block 0441A/Lot 001 Dear Mr. Sanchez, We are writing you seeking permission to build onto an exclusive use deck area. We live in a six unit TIC building at Beach Street. Our building has submitted our application to become condos and we anticipate becoming condos within six months to a year. We are both located on the top floor. We are the only top floor units. Andy Creager lives in 1957 and Don Toy lives in To see the area in question, please refer to the last page of the building maps which will show the level three layout (supplemented by the enclosed photos). The space we would like to build upon is labeled D#1959 which is approximately 120 square feet. It is an exclusive use deck belonging to We recently discovered in our condo application process that we are zoned RH1 and due to that, five of the six units are to be designated non-conforming and only one unit can be designated conforming. As we understand the situation, due to that technicality, only one unit is able to expand. Given our building configuration, expansion into any area other than the D# square feet exclusive area is not possible, nor desired. The building is a rectangular box. The 1st & 2nd floors completely occupy the rectangular perimeter without any exposed areas or cutouts. We cannot expand upwards and build a 4th level because our roof has a shared 499 square foot roof deck constructed two years ago. The deck is commonly owned by all 6 units. Please refer to the attached deck certificate. Also, no unit can expand outward either as the rectangular perimeter of the building is bordered by sidewalks on the streets of Beach and Avila and off-street by adjacent neighboring buildings. The only area available for expansion is the exclusive use D# square foot cut-out deck that can only be physically accessed by our two units on the 3d floor. o one else is located on the 3 rd level. This brings us to the reason for this letter: We would like to please divide this space 50/50 between ourselves to expand our units. As we understand it, under the current guidelines, technically only one

4 unit can develop 100% of the space and the other unit would get 0%. We both agree it is unfair for one of us to give up the extra sunlight and views from our bonus windows to allow only one person to expand ULESS we can share in the expansion. A shared expansion is mutually agreeable and beneficial. If you were to allow us to split the space 50/50 the density of the building envelope would be identical to a split if done at 100/0 (which we understand would be allowable for a conforming unit). In the end, the same 120 square feet would be expanded. The appearance from the sidewalk would be identical and the envelope of our building as a cube would be the same as well. After reviewing your website ( it appears that we would reasonably fall within the spirit of the five different guidelines for approval of a variance. Thank you for your consideration, Don Toy

5 12/26/205 14: A4C PAGE 01/4 UIT DIAGRAMS =5,195ffA 1957, IM, IM, AD 1963 BEACH S I S. t ii AM SIOG LW I OF ASSESM S MM 441A. SEPTEMBER 2005 p. GEERAL OTES: 1. A UIT COSISTS OF THE AREA BOUDED BY THE ITERIOR UFIISHED SURFACES OF ITS PERIMETER WALLS, BEARIG WALLS, FLOORS. FIREPLACES, CEILIGS, WIDOWS AD ITERIOR PORTIOS OF WIDOW FRAMES AD TRIM, DOORS (ICLUDIG WIDOWS I DOORS) AD ITERIOR PORTIOS OF DOOR FRAMES AD TRIM, AD ICLUDES BOTH THE PORTIOS OF THE BUILDIG SO DESCRIBED AD THE AIRSPACE SO ECOMPASSED. A UIT ICLUDES (I) THE PAIT O ALL ITERIOR SURFACES LOCATED OR EXPOSED WITHI THE UIT, (ii) WIDOW SASHES OR OTHER ELEMETS THAT DIRECTLY COTACT THE CLASS PORTIO OF THE WIDOW, (III) DOOR AD WIDOW HARDWARE AD ALL MECHAICAL ELEMETS OF DOORS AD WIDOWS, (IV) Pownos or THE PLUMBIG, HEATIG, AD ELECTRICAL SYSTEMS SERVIG OLY THE UIT, AD (v) ALL ELEMETS OF FIREPLACE FIREBOX AD FLUE WHICH ARE OT SHARED BY OTHER UITS. UITS DO OT ICLUDE AY PORTIO OF THE FRAMES OF WIDOWS OR EXTERIOR DOORS WHICH IS OT EXPOSED WITHI A UIT ITERIOR. OR AY STRUCTURAL COMPOET OF WALLS. CEILIGS, AD FLOORS. 2. TI-fE COMMO AREA COSISTS OF THE ETIRE PROPERTY EXCEPT FOR THE UITS, 3. EXCLUSIVE USE COMMO AREA COSISTS OF THOSE PORTIOS OF COMMO AREA RESERVED FOR THE EXCLUSIVE USE OF A PARTICULAR CO -TEAT I THIS AGREEMET, AD AY OTHER BUILDIG COMPOET DESIGED TO SERVE OLY OE UIT BUT LOCATED OUTSII)E THE ITERIOR BOUDARIES OF THAT UIT. 4. THE DIMESIOS AD ELEVATIOS O THE UITS ARE ITEDED TO BE THE UFIISHED FLOORS, WALLS, AD CEILIGS OF THE UIT. 5. ALL AGLES ARE 90 DEGREES ULESS OTHERWISE OTED. 6. ALL DISTACES ARE MEASURED I FEET AD DECIMALS THEREOF. 7. ALL LEVEL OE WALLS ARE 0.6 THICK AD ALL OTHER WALLS ARE 0.5 THICK ULESS OTHERWISE OTED. B. THE ELEVATIOS SHOW O THIS SURVEY ARE BASED O CITY OF SA FRACISCO DATUM. THE BECHMARK FOR THIS SURVEY IS THE THREE CUTS O THE LOWER STOP COCK OF THE FIRE HYDRAT AT THE ORTHEAST CORER OF BEACH STREET AD AVILA STREET. ELEVATIO FEET 9. THE AREAS LABELED P#A, P. PyC, AD PF, SHOW O SHEET 2, ARE PARKIG SPACES. EXCLUSIVE USE OF EACH PARKIG SPACE MAY BE ASSIGED AS A APPURTEACE TO A PARTICULAR UIT. 10, THE AREA LABELED D#1959, SHOW O SHEET 2. IS A DECK. EXCLUSIVE USE OF SAID DECK MAY BE ASSIGED AS A APPURTEACE TO THE UIT WITH THE CORRESPODIG UIT #. 11. A RIGHT OF EASEMET EXISTS OVER A PORTIO OF THE SUBJECT PROPERTY TO PRESERVE AD ISPECT AY AD ALL SEWERS EXISTIG O OR BELOW THE SURFACE OF SAID PROPERTY. RECORDED I BOOK 929 OF OFFICIAL RECORDS. PACE 147. CITY AD COUTY OF SA FRACISCO. LAGFORD LAD JRE flg H4203 MACARThUR BOULEVARD OAKLAD, CA PHOE (510) so-soo SHEET 1 OF 4

6 w 0 UIT DIAGRAMS EXHIBIT A. TO THE TEACY I COMMO AGREEMET OF 1955, 1955A, t957, 1M, IM, AD 1963 BEACH STREET SA FRACISCO, CALFORMA BEIG 1ffiT PARCEL OMMOM I REEL IMAGE 0700, CfAL RECORDS OF ThE CITY AD O1TY OF SA FRMC19006 CALIFORIA, ALSO BEIG LOT 1 OF A8SOR S BLOCK 441A. SEPTEMBER IDE UTILITY EASEMET (BOOK 969 O.R., PAGE 65) (sock 1037 a.r.. PAGE 376) BEACH STREET 22 LEVEL OE U.E.-IO.1 LL-1.8 U.O.. _ 0 I GEERAL OTES: 1 1. ALL AGLES ARE 90 DEGREES ULESS OTHERWISE OTED. 2. ALL WALLS THIS LEVEL ARE 0.6 THICK ULESS OTHERWISE OTED. DI 3. ALL DISTACES ARE MEASURED I FEET AD DECIMALS THEREOF THE ELEVATIOS SHOW O Thi S SHEET ARE BASED O CITY OF SA FRACISCO DATUM. THE BECHMARK FOR THIS SURVEY IS THE THREE CUTS O THE LOWER STOP COCK OF () A THE FIRE HYDRAT AT THE ORTHEAST CORER OF BEACH STREET AD AV1LA STREET. ELEVATIO 1196 FEET 0 2 UIT #1963 AREA546*SQ.FT. LE.2.O IS) P#A ci IS) ci Cd Pfe r C I!) w,-1 I AREA 0 9.4, L LI),-1-1 In CD GRAPHIC SCALE (DIFEET) 1U(CH 10 fle? T - TOTAL. DISTACE SD. FT. - SQUARE FEET Lt - LOWER DA1Ot1 U.E.- UPPER ELEVMIO U.0. ULESS O1HERWISE OTED LAGFORD LAD H4203 MACARTHUR BOULEVARD OAKLAD. CA PHOE (510) SHEET.66-22tD 2 OF 4

7 Ir iii U, a- 0 In La.-1 aj LU -I U) -I Ufl DIAGRAMS GEERAL OTES: 1. ALL ACIES AGLES ARE 90 DEGREES ULESS EXHIBIT A m TO THE TEACY I COMMO AGREEMET OF OTED. 1955, 1955A, 1957, , AD 1963 BEACH SEEr 2. ALL WALLS This LEVEL. ARE 0.5 THICK ULESS OTHERWISE OTED. SA FRACISCO, CALFORIA jj BEIG THAT parca DESCRIBED I REEL I 025 IMAGE 0700, CFFIAL RECORDS OF ThE CM AD COUTY OF SA FRISCQ CAliFORIA, ALSO BOG LOT I OF ASSESSORS BLOCK 441A. SEPTEMBER 2005 BEACH STREET U.E-2O.2 U.O.. LE f THE 3 ALL DISTACES ARE MEASURED I FEET AD DECIMALS THEREOF. 4. THE ELEVAtiOS SHOW O THIS SHEET ARE BASED O C17 OF SA FRACISCO DA1W. 9ECHMARK FOR THIS SURVEY IS THE THREE CUTS O THE LOWER STOP COCK OF THE ARE HYDRAT AT 1HE ORTHEAST CORER OF BEACH SWEET AD ASTREET. ELEVATIO FEET L -- 32D I.. C UIT UIT #1961 #1955A = 8 AREAG57 SQ.FT..- AREA o. p _4 b 77 Q = w - = UIT #1955 AREA9B9 SQ.FT. LLI C4IU) - 1< / 4 CEILIG 3 r,-ceiug SLOPES SLOPES 14 (TYPICAL 5 - OF (TYPICAL OF THIS BAY) tg; THIS 9. i ik oi In Lc 22.2 (.. /ll1fs:;! :( 4Jh. p _ CEIUG FLAT LCEIUtJ 11.E.=15.0 G FLAT U.E,=15.0 GRAPHIC SCALE T - TOTAL DISTACE ISIX FT. - SQUARE ri LA GFORD LAD SURVEYIG LE. LOR ELVATIM 4203 MACARTHUR BOULEVARD U.E. - UPPER ELEVAUO OAKLAD. CA ( U.O. = UIAM OTHERWISE OTED IICH - 10 rsrr PHOE (510) D SHEET.1010U-220 oe.* FtEICUCD 3 OF 4

8 UJT DIAGRAMS EXHIBIT A TO THE TEACY I COMMO AGREEMET OF 1955, 1955A, 1957, IM, IM, AD 1963 BEACH STREET SA FRACISCO, CALIFORIA BEIG 1HAT PARCEL. DESCRIBED I REEL IMAGE 0700, OFFICIAL RECORDS OF THE CITY AD COUTY OF SA FRACISCO3 CAUFORA. ALSO BEIG LOT 1 OF ASSESSOR S BLOCK 441A. SEPTEMBER 2005 BEACH STREET LEVEL THREE U.L3O.4 LE-21.3 U.O.. GEERAL OTES: 1, ALL AGLES ARE 90 DECREES ULESS OTHERWISE OTED. 2 ALL WALLS LEVEL ARE 0.5 THICK ULESS O1HERYSE OTED. 3. ALL DISTACES ARE MEASURED IM FEET AD DECIMALS THEREOF. 4. THE ELEVATIOS SHOW O THIS SHEET ARE BASED O CITY OF SA FRACISCO DATUM. THE BECHMARK FOR THIS SURVEY PS THE THREE CUTS O THE LOWER STOP COCK OF THE FIRE HYDRAT AT THE ORTHEAST CORER OF BEACH STREET AD AV1LA STREET. ELEVATIO = FEET 36. Lo OD 120) 120 (TYPICAL r (TYPICAL OF THIS BA THIS BAY) in OF 1 D#1 959 ho UIT # o AREA=1280 SQ.FT. 149* (TYPICAL OF (LTHIS 2 1 GRAPHIC SCALE.. -. LADIG LE.=15.6 LADIG LADIG LE ḺADIG LE.= TOTAL DISTACE I I sc. n SQUARE FEET Lo LE. - LOWER ELEVATIO U.E. - UPPER ELEVATm FEET, U.O. - ULESS O1HERWISE OTED c"1 I1WCJ UIT #1957 AREA= SQ.FT. In 149.J (TYPICAL OF 4-ir THIS BAY) 1 -o Li Li LAGFORD LAD SUR#EY!G 4203 MACAR1HUR BOULEVARD OAKLAD. CA 946I PHOE (510) SHEET JOO8-22Ic ORMWl 2ItjEwG 4 OF 4

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EXHIBIT B A RESIDENTIAL CONDOMINIUM PLAN FOR PAUL STREET SAN FRANCISCO, CALIFORNIA ASSESSOR S BLOCK 0841, LOT 001

EXHIBIT B A RESIDENTIAL CONDOMINIUM PLAN FOR 123-125 PAUL STREET SAN FRANCISCO, CALIFORNIA ASSESSOR S BLOCK 0841, LOT 001 BEING ALL THAT CERTAIN REAL PROPERTY IN THE CITY AND COUNTY OF SAN FRANCISCO, STATE