Letter of Determination

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1 SAN FRANCISCO PLANNING DEPARTMENT July 29, 2011 Andrew Junius Reuben & Junius, LLP One Bush Street, Suite 600 San Francisco CA Letter of Determination Site Address: , Street Assessor s Block/Lot: 3732/008 and 150 Zoning District: MUR (Mixed Use Residential)/85-X SoMa Youth and Family Special Use District (SUD) Staff Contact: Corey Teague, (415) or corey.teague@sfgov.org 1650 Mission St. Suite 400 San Francisco, CA Reception: Fax: Planning Information: Dear Mr. Junius: This letter is in response to your request for a Letter of Determination regarding the property at h Street. The subject property is located in the MUR (Mixed Use Residential) District, the SoMa Youth and Family SUD, and 85-X Height and Bulk District. The request is to determine whether proposed changes in the project s dwelling unit count, dwelling unit mix, and the structural slab connecting the 5 th Street and Clementina Street buildings are in general conformity with the project approved through Planning Commission Motion No There is also a request to determine whether there is any restriction regarding the project s ability to be built and occupied as either a rental project or for-sale condominium project. The entitled and proposed dwelling unit count and mix are shown in the following table: Units per Entitlement Approved 5/10/10 Proposed Units Net Change Percent Change Studio % 1BR % Junior 2BR* % 2BR % 3BR N/A Total % *The "Junior 2BR" units are considered IBR units for the purpose of dwelling unit mix per Zoning Bulletin No. 7 The proposed change to the structural slab connecting the 51h Street and Clementina Street buildings includes widening it by approximately 20 feet and using the increased interior space to provide www. sf p ann in g.org

2 Andrew Junius July Reuben & Junius, LLP Letter of Determination One Bush Street, Suite h Street San Francisco CA additional space for dwelling units. The widening would only occur on the northwest side of the existing slab, and therefore would not impact the space between the 51 Street and Clementina Street buildings approved for the "Horizontal Mass Reduction" per Planning Code Section This is the only exterior change proposed for the project. Regarding the rental or for-sale nature of the project, it was originally contemplated as a for-sale condominium project. However, the current owner desires to construct the project as a rental building. The conditions of approval in Planning Commission Motion No do not stipulate that the project shall include rental or for-sale dwelling units. However, Condition No. 18 stipulates the circumstances and provisions required for providing any on-site affordable housing as either rental or for-sale units. Additionally, the project is also subject to any applicable affordable housing requirements or procedures under Planning Code Section 415 et seq. From the description of the proposed changes to the project above, the total number of dwelling units will increase by only three percent. The widening of the structural slab will not significantly increase the size of the entitled building or impact any related Planning Code requirements. The additional interior space would be used in part to provide additional dwelling units, including a higher number and percentage of two and three bedroom dwelling units. Therefore, the proposed changes to this project are determined to be in general conformity of the entitled project per Motion No 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: Corey Teague, Planner SAN FRANCISCO PLANNING DEPARTMENT

3 REUBEN &JUNIUSLLP K 4 ifl-6 -yr6 or- / 9-f ( Mr. Scott Sanchez, Zoning Administrator San Francisco Planning Department 1650 Mission Street, Suite 400 San Francisco, CA J &WA&S May 18, 2011 RECEIVED MAY 18 z on CITY & COUNTY OF S.F. PLANNING DEPARTMENT Re: Request for Written Determination 2605 th Street, Block 3732/Lots 008 and 150 Case No EKX Dear Mr. Sanchez: This office represents the owners and developers of the above-referenced property. Please accept this letter as a request for written determination pursuant to Planning Code Section 307(a) with respect to the property and approved development project described below. Background A Large Project Authorization ("LPA") was approved by the San Francisco Planning Commission on May 20, 2010 pursuant to Motion permitting the construction of 179 dwelling units in a nine-story building with one below-grade level of parking ("Project"). The dwelling units were to include: 28 Studio Units 54 One-Bedroom Units 26 Junior Two-Bedroom Units 71 Two-Bedroom Units The LPA requires that 27 of such units be designated as Below Market Rate ("BMR"). One Bush Street, Suite 600 San Francisco, CA James A. Reuben I Andrew J. Junius I Kevin H. Rose I Tuija I. Catalano I David Silverman I Sheryl Reuben I Jay F. Drake tel: DanielA. Frattin I Stephen R. Miller I Lindsay M. Patrons I John Kevtin I Alison L. Krumbein I John McInerney 1112 fax: Also admitted in New York 2. Of Counsel

4 Mr. Scott Sanchez, Zoning Administrator San Francisco Planning Department May 18, 2011 Page 2 Request for Determination - Unit Count, Unit Mix The Project Sponsor proposes to increase the number of units from 179 to 182 and to reconfigure the unit mix by reducing the number of one-bedroom units and increasing the number of two-bedroom units. The Project Sponsor is requesting that a determination be made that the proposed increase and reconfiguration of units is in substantial conformance with the LPA. The proposed increase would increase the units and unit-mix as follows and maintain the same 15% BMR requirement. Entitlement Set Revised Set 5/10/2010 5/17/2011 Net Increase/Decrease Count Count Count Studio B Junior 2 BR B B Total BR Included as Exhibit A with this letter are drawings showing the revised floor plans for the 182 units. Please note that the revised floor plans include additional unit types such as junior one bedroom units and varying types of two bedroom units, however at the request of the Planning Department we have classified units in the summary above consistent with the San Francisco Planning Department s Definition of a bedroom as stated in Zoning Administrator Bulletin No. 7 and the unit mix categories on the entitled plan set. A determination of substantial conformity is supported by the following: 1. The request results in less than a 5% increase in the number of dwelling units as originally presented under the LPA. 2. The LPA required that at least forty percent of the units are two bedrooms or larger and the increase would result in achieving forty-five percent two-bedroom units. The general policies and findings associated with the LPA encouraged the development of two-bedroom units. One Bush Street, Suite 600 San Francisco, CA tel: fax REUBEN &JU NlUS I

5 Mr. Scott Sanchez, Zoning Administrator San Francisco Planning Department May 18, 2011 Page 3 3. The increase to 182 units would maintain the number of BMR units and conform to the 15% requirement, consistent and in conformity with the findings upon which the LPA was based. 4. As provided in the LPA, the final plans for the Project need only be in general conformity with the plans approved by the Commission, and ultimately will be subject to the Planning Department s final approval. Please confirm that the unit mix and unit count referenced above and in the enclosed plans remain in conformance with the LPA. Request for Determination - Structural Slab Widening The Project Sponsor proposes to widen and thicken the slab located at a narrow corridor connecting the building located along Clementina Street to the building located along 5 Street by approximately 20 feet and utilize the space as dwelling space at floors two though nine. The Project Sponsor is requesting that a determination be made that the proposed reconfiguration of the slab and addition of dwelling space is in substantial conformance with the LPA. Included as Exhibit A with this letter are drawings showing the revised slab as demarcated in blue. A determination of substantial conformity is supported by the following: 1. The recessed break to the south of the corridor at Clementina Street is retained, thereby preserving the horizontal mass break for the Project. 2. In addition to the recessed break to the south of the corridor, the project retains the contiuous 10 foot alleyway setback from Clementina Street at the 6th story through the 9 story, thereby maintaining additional horizontal mass reduction at Clementina Street. 3. The modification mitigates structural engineering challenges by allowing the Clementina building slab to structurally tie into the elevator core located in the Fifth Street building, therefore facilitating a construction type more consistent with the principle of affordability by design as encouraged in the general policies and findings associated with the LPA. 4. The addition facilitates the modification of a stack of two bedroom one bathroom units to a stack of two bedroom two bathroom units, creating a unit type more One Bush Street, Suite 600 San Francisco, CA REUBEN &JU NIUS, I tel fax

6 Mr. Scott Sanchez, Zoning Administrator San Francisco Planning Department May 18, 2011 Page 4 conducive to family use consistent with the principles of creating family oriented housing as encouraged in the general policies and findings associated with the LPA. Request for Determination - Project as Rental The project was originally contemplated as a for sale condominium project. The current owner and developer desires to construct the project as a rental project. There are no conditions of approval of the LPA that would in any way require the project sponsor to build the project as a for-sale only project. Please confirm that the project may be built and occupied as either a rental building or a for-sale condominium project without any further determination or approval from Planning Department staff or the Planning Commission. Conclusion Thank you for your consideration. We would appreciate any way to expedite this process in the light of the project sponsor s desire to move forward with the project as soon as possible. Please let us know if you need any additional information or documentation to complete this request. We have enclosed the required fee in the amount of $ Very truly yours, Enclosures cc: Corey Teague Eric Tao One Bush Street, Suite 600 San Francisco, CA tel: fax: REUBEN &JUNIUS, I

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Determination. Reception: Andrew Junius. information: Site Address:

Determination. Reception: Andrew Junius. information: Site Address: SAN FRANCISCO PLANNING 1111014 i ; I I i I 1 I I Letter of Determination 1650 Mission St. Suite 400 San Francisco, CA 94103-2479 March 26, 2012 Reception: 415.558.6378 Andrew Junius Fax: Reuben & Junius