Letter of Determination

Transcription

1 COVIV SAN FRANCISCO PLANNING DEPARTMENT Letter of Determination 1650 Mission St. Suite 400 San Francisco, CA March 19, 2013 Reception: Kevin Kitchingham Fax: Mayor s Office of Housing South Van Ness Ave. 5 th Floor Planning San Francisco CA Information: Site Address: 1100 Ocean Avenue Assessor s Block/Lot: 3180/001 Zoning District: Ocean Avenue Neighborhood Commercial Transit District Staff Contact: Michael Smith, (415) or michael.e.smith@sfgov.org Dear Mr. Kitchingham: This letter is in response to Jon Yolles request for a Letter of Determination regarding the project approvals for 1100 Ocean Avenue as outlined in Planning Commission Motion No On July 22, 2010, the Commission granted conditional use authorization for the construction of a five-story mixeduse building with 71 dwellings, approximately 7,300 square-feet of ground floor commercial space, and five off-street parking spaces. All of the proposed dwellings would be below market rate. The project requires subdividing the 30-acre lot to create a 25,772 square-foot lot with approximately 137-feet of frontage on Ocean Avenue. The open space requirement for the proposed dwellings would be partially met within the building s central courtyard with the remainder of the open space requirement being met by the proposed adjacent public open space plaza that would be developed separate from the project. The project is a joint partnership between the Mayor s Office of Housing and the Bernal Heights Neighborhood Center and is located on a city owned parcel located in the Ocean Avenue Neighborhood Commercial Transit District and within a 40-X/55-X/65-A Height and Bulk District. The request is for the Department to clarify Condition 6A of the Conditions of Approval for Motion No regarding timing of creation of the open space in relation to issuance of any Certificate of Occupancy for the project. You explain in your request that the project and the proposed adjacent public open space plaza is part of a larger project involving the development of public owned property. At the time the conditional use was authorized by the Commission, the project was managed by a non-profit housing developer who helped the City secure Federal funding for the development of the plaza. A limitation of the funding source is that the funds can only be provided for public entities. Project management reverted back to SFMTA as a result of the limitation. In turn, SFMTA has hired DPW to manage the development of the plaza. The change in project management has led to project delays that have made it more difficult coordinate the construction of the project with the open space plaza.

2 Kevin Kitchingham March 19, 2013 Mayor s Office of Housing Letter of Determination 1 South Van Ness Ave. 5 1h Floor 1100 Ocean Avenue San Francisco CA Another stipulation of the project s financing is that Temporary and Final Certificates of Occupancy be issued in a timely manner upon the completion of construction which could be delayed if the Certificates of Occupancy are dependent on the completion of the public plaza. The intent of Condition 6A is to ensure that all required usable open space be available for the building s residents so that the dwellings function as Code-complying units upon completion. While Condition 6A can only be modified by the Planning Commission, it appears that every effort is being made by the several City agencies working on the project to provide the public plaza in a timely fashion. Understanding the complexity of the project s financing and because the project sponsor in this case is another City agency, the Department would authorize release of the project s Temporary and Final Certificates of Occupancy before the public plaza is completed. However, construction of the plaza will need to completed within 3-6 months after issuance of project s Temporary Certificate of Occupancy. 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: Michael Smith, Planner SAN FRANCISCO PLANNING DEPARTMENT

3 MAYOR S OFFICE OF HOUSING CITY AND COUNTY OF SAN FRANCISCO T 7 D EDWIN M. LEE MAYOR OLSON LEE DIRECTOR May 18, 2012 Scott Sanchez Zoning Administrator 1650 Mission Street, 4th Floor San Francisco, CA Re: Request for Notice of Determination Planning Commission Motion: Case No.: C Project Address: 1100 OCEAN AVENUE Block/Lot: 3180/001 RECEIVED CITY & OOUNT PLANNING )EPA Dear Scott: On July 22, 2010 the San Francisco Planning Commission, per Planning Commission Motion #18153 (attached) approved a Conditional Use Permit for the development of 71 affordable dwelling units and ground floor retail in a new mixed use building known as 1100 Ocean Avenue ("the Project"). The 25,772 square foot Project site, previously owned by the San Francisco Municipal Transportation Authority (SFMTA), was sold to the San Francisco Redevelopment Agency in October of 2011 and is now under the jurisdiction of the Mayor s Office of Housing. The Project is required to provide approximately 7,100 sfofprivate open space, or 9,443 sf of common open space, or an equivalent combination of private and common open space. The project was approved as providing 7,841 sf of combined private and public open space, with the balance to be met by the proposed adjacent plaza (see findings 2, 8B, 9B and 12C). As you may be aware, the Project is part of a larger land assembly and subdivision project coordinated by OEWD that involves the relocation of SMTA s Phelan bus loop. Once the loop is relocated (anticipated to occur by spring of 2013), land will be available to construct the Project as well as a new public plaza. At the time the Project sponsor applied for the CUP, the Sponsor was project managing the public plaza, which would have enabled them to insure completion of the plaza, and, therefore, the Project s off-site open space, concurrent with the housing project. However, the Project sponsor helped SFMTA secure Federal funding to construct the plaza, and a limitation of the funding source secured is that funds cannot be provided to a private entity such as the Sponsor. 1 South Van Ness Ave. 5th Floor, San Francisco, CA Phone: (415) FAX: (415)

4 As a result, responsibility for managing the plaza has reverted to SFMTA, which has hired DPW to design and project manage the plaza. While the Project sponsor, MOB, OEWD, SFMTA, Planning and DPW are working closely to coordinate activities and enable the Plaza construction to begin as soon after the Project is complete, the Project sponsor is no longer in a position to guarantee that the open space to be met by the public plaza can be provided at the time the Project sponsor needs to obtain Certificates of Occupancy (Condition 6 of the Project s Conditions of Approvals). Because of the tax credit financing for the affordable units in the Project, it is critically important that Temporary and Final Certificates of Occupancy be issued in a timely manner upon the Project s construction completion. Therefore, on behalf of the Project sponsor, MOH hereby requests a Letter of Determination indicating that Condition 6A of the Motion be modified such that the open-space to be met offsite by the proosadj acent plaza shall not be required to be completed and available for use before any CertcatØs ffi of Occupancy are issued. Please contact me at (415) or Jon.Yolles(iisfgov.org with any questions. Sincerely Jon Yolles Project Manager cc: Michael Smith, San Francisco Planning Department Paul Chasan, San Francisco Planning Department Lisa Pagan, Office of Economic and Workforce Development Faith Kirkpatrick, Bernal Heights Housing Corporation Ramie Dare, Mercy Housing California

5 RECORDING REQUESTED BY And When Recorded Mail to Name: 11(x) 4(, /4M.c Dea,t.4.., Address: 1-7t, o City: fe p 6 4,?!jt spuor NOTICE OF SPECIAL RESTRICTIONS UNDR THE PLANNING CODE / Pr.t_ (ovlser r I, (We) /_/00 /tl.e_ ( L.t the hat certain real property situated in the City and County of San Francisco, Ate of California, more particularly described as follows: (LEGAL DESCRIPTION AS ON DEED). -(k "Prpe. - "5 bt 1C ( 45 ok4 -,7q -L -,-- BEING Assessor s Block 3180, Lot 001, commonly known as 1100 Ocean Avenue, hereby give notice that there are special restrictions on the use of said property under Part II, Chapter II of the San Francisco Municipal Code (Planning Code). Said restrictions consist of conditions attached to the Conditional Use Application No C approved by the Planning Commission of the City and County of San Francisco on July 22, 2010, asset forth in Planning Commission Motion No The restrictions and conditions of which notice is here This Conditional Use Auti cialdfiiish the existing bus shelter and surface parking lot and to construct a mix ory, 55-foot-tall buildings totaling approximately 79,166 gross square feet (gs et parking spaces all as part of a Planned Unit Development (PUD. Th include 71 affordable dwelling units and -approximately 7,300 gsf of ground-floor mmertace (tenants not yet determined). Thethjbject requires subdividing the 30-acre lot creating a 25,772 square-foot lot with approximately 137-feet of frontage on Ocean Avenue. The project site is located at 1100 Ocean Avenue (a.k.a. 11 Phelan C+k re4-5 Page 1 of

6 NOTICE OF SPECIAL RESTRICTIONS UNDER THE PLANNING CODE Avenue), Lot 001 in Assessor s Block 3180, within the Ocean Avenue Neighborhood Commercial Transit District and a 55-X Height and Bulk District, in general conformance with the revised plans dated July 7, 2010, and marked "Exhibit B", except as modified herein. 1. MITIGA11ON MEASURES Mitigation measures described in the MMRP attached as Exhibit C are necessary to avoid potential significant effects of the proposed project and have been agreed to by the project. sponsor. Their implementation is a condition of project approval. 2. COMPLIANCE WITH OTHER REQUIREMENTS This decision conveys no right to construct. The conditions set forth below are additional conditions required in connection with the Project. If these conditions overlap with any other requirement imposed on the Project, the more restrictive or protective condition or requirement, as determined by the Zoning Administrator, shall apply. The conditions set forth below shall remain in effect for the life of the Project, unless specifically noted otherwise 3. GENERAL CONDITIONS A. Recordation. Prior to the issuance of any building permit for the construction of the Project, the Zoning Administrator shall approve and order the recordation of a notice in the Official Records of the Recorder of the City and County of San Francisco, which notice shall state that construction of Ihe Project has been authorized by and is subject to the conditions of this Motion. From time to time after the recordation of such notice, at the request of the Project Sponsor, the Zoning Administrator shall affirm in writing the extent to which the conditions of this Motion have been satisfied, and record said writing if requested. B. Construction. (1). The Project Sponsor shall ensure the construction contractor will coordinate with the City and other construction contractor(s) for any concurrent nearby Projects that are planned for construction so as to minimize, to the extent possible, negative impacts on traffic and nearby properties caused by construction activities. (2). The contractor(s) shall arrange for off-street parking for construction workers. C. Performance. The Planning Commission may, in a public hearing, consider the revocation of this conditional use authorization if a site or building permit has not been issued within Page 2 of 7

7 NOTICE OF SPECIAL RESTRICTIONS UNDER THE PLANNING CODE three (3) years of the date of the Motion approving the Project. Once a site or building permit has been issued, construction must commence within the timeframe required by the Department of Building Inspection and be continued thenceforth diligently to completion. The Commission may also consider revoking this conditional use authorization if a permit for the Project has been issued but is allowed to expire and more than three (3) years have passed since the Motion was approved. This authorization may be extended at the discretion of the Zoning Administrator only if the failure to issue a permit by the Department of Building Inspection is delayed by a City, state or federal agency or by appeal of the issuance of such permit. D. The commercial tenant(s) shall obtain all necessary approvals from the appropriate City agencies prior to establishing a commercial use. B. Severability. If any clause, sentence, section or any part of these conditions of approval is for any reason held to be invalid, such invalidity shall not affect or impair other of the remaining provisions, clauses, sentences, or sections of these conditions. It is hereby declared to be the intent of the Commission that these conditions of approval would have been adopted had such invalid sentence, clause,, or section or part thereof not been included herein. F. First Source. The Project is subject to the requirements of the First Source Hiring Program (Chapter 83 of the Administrative Code) and the Project Sponsor shall comply with the requirements of this Program. C. Violation of the conditions contained in this Motion or of any other provisions of the Planning Code may be subject to abatement procedures and fines up to $500 a day in accordance with Sections 176 and of the Planning Code and actions to abate violations of this conditional use authorization in accordance with Section 303(f). H. Should monitoring of these Conditions of Approval be required, the Project Sponsor or successors shall pay fees as established in Section 351(e)(1) of the Planning Code. I. The Propei-y-Ownein shall maintain the main entrance to the building and all sidewalks abutting the subject property in a clean condition. Such maintenance shall include, at a minimum, daily litter pickup and disposal, and washing or steam cleaning of the main entrance and abutting sidewalks at least once each week. J. Noise and odors shall be regulated so as not to be a nuisance to nearby businesses or residents. Page 3 of 7

8 NOTICE OF SPECIAL RESTRICTIONS UNDER THE PLANNING CODE K Ground level storefronts and glazing in general conformity with Exhibit B shall be maintained in an attractive manner, providing transparency into the tenancy behind. Visibility of the interiors and activity through all windows shall be maintained in order to ensure that the ground level of the building remains visually active, provides visual interest to pedestrians, and enhances sidewalk security. Interior layouts should be designed with these requirements in mind. Generally, windows should not be visually obscured with the following: blinds, shades or curtains; shelving; equipment; darkly tinted, translucent or opaque film; painted, stenciled or adhesive signage applied to individual window surfaces that has an overall transparency of less than 50%, or any signage that covers more than 1/3 of the area of any individual window; full or partial height interior partition walls placed directly against or within 10 feet from the window glazing; or any other items that significantly block the vision of pedestrians through the storefront windows into the occupiable commercial space. Solid roll-down security gates shall not be installed in storefront openings. The roperty Own shall ensure that this condition of approval is incorporated into all comm ial leases. pclis5ovsor L. An enclosed waste storage area shall be provided within the establishment. All trash and recycling containers shall be kept within the building until pick-up by the disposal company. 4. CONDITIONS TO BE MET PRIOR TO THE ISSUANCE OF A FIRST SITE OR BUILDING PERMIT A. Design. The Project Sponsor and the Project architects shall continue to work on design development with the Department, with particular attention given to details regarding reveal dimensions at all windows, moldings, and other details, as well as building materials and colors. B. Balboa Park Community Improvements Fund. The Project Sponsor shall satisfy the requirements of Planning Code Section 331 either through a payment to the Fund or through the provision of in-lieu improvement, as specified within this Section. 5. CONDITIONS TO BE MET PRIOR TO THE ISSUANCE OF AN ARCHITECTURAL ADDENDUM TO A BUILDING (OR SITE) PERMIT A. Except as otherwise provided in this Motion, the Project shall be completed in compliance with the Planning Code and in general conformity with plans dated July 7, 2010, labeled "Exhibit B". B. Final detailed building plans shall be reviewed and approved by the Planning Department. Detailed building plans shall include a final site plan, elevations, sections, and a landscape plan, and shall specify final architectural and decorative detailing, materials, glazing, color and texture of exterior finishes, and Page 4 of 7

9 NOTICE OF SPECIAL RESTRICTIONS UNDER THE PLANNING CODE details of construction. C. Highly reflective spandrel glass, mirror glass, or deeply tinted glass shall not be permitted. Only clear glass shall be used at pedestrian levels. D. Pursuant to Planning Code Section 141, rooftop mechanical equipment is required to be screened so as not to be visible from any point at or below the roof level of the subject building. E. Signage. The Project Sponsor shall develop a signage program for the Project which shall be subject to review and approval by Planning Department staff. All subsequent sign permits shall conform to the approved signage program. Once approved by Department staff, the signage program information shall be submitted and approved as part of the first building or site permit for the Project. F. Lighting. The Project Sponsor shall develop a lighting program for the Project which shall be subject to review and approval by Planning Department staff. The lighting program shall include any lighting required or proposed within the public right-of-way as well as lighting attached to the building. Once approved by Department staff, the lighting program information shall be submitted and approved as part of the first building or site permit for the Project. G. A final pedestrian streetscape improvement plan, including landscaping and paving materials and patterns, shall be submitted for review by, and shall be satisfactory to the Planning Director, in consultation with staff from the Department of Public Works, the Department of Parking and Traffic, and the Bureau of Urban Forestry. Other agencies shall be contacted as appropriate. The Project shall include street trees in conformance with Section 143. Relocation of some existing underground utilities may be necessary to accommodate the required street trees. The street trees planted pursuant to this condition shall be maintained in perpetuity by the Project Sponsor. 6. CONDITIONS TO BE MET PRIOR TO ISSUANCE OF ANY CERTIFICATES OF OCCUPANCY FOR THE PROJECT. A. All usable open spaces shall be completed and available for use. B. An evacuation and emergency response plan shall be developed by the Project Sponsor or building management staff, in consultation with the Mayor s Office of Emergency Services, to ensure coordination between the City s emergency planning activities and the Project s plan and to provide for building occupants in the event of Page 5 of 7

10 NOTICE OF SPECIAL RESTRICTIONS UNDER THE PLANNING CODE an emergency. The Project s plan shall be reviewed by the Office of Emergency Services and implemented by the building management insofar as feasible before issuance of the final certificate of occupancy by the Department of Public Works. A copy of the transmittal and the plan submitted to the Office of Emergency Services shall be submitted to the Department. To expedite the implementation of the City s Emergency Response Plan, the Project Sponsor shall post information (with locations noted on the final plans) for building occupants concerning actions to take in the event of a disaster. The use of said property contrary to these special restrictions shall constitute a violation of the Planning Code, and no release, modification or elimination of these restrictions shall be valid unless notice thereof is recorded on the Land Records by the Zoning Administrator of the City and County of San Francisco. Dated: at San Francisco, California (Signature of owner) 4- (Signature of owner) This signature must be notarized prior to recordation; add Notary Public Certification and Official Notarial Seal below. h/ (1 U:MSMIThOocumentsWORONSRSlCU\1 1OO-Oean Avenue= C.do 64b2Z 1:re/1 Th Cr i. Ctl4,-i er S7Jcto, /ttzmif ( Of r-ov- -Tcrt Page 6 of 7

11 Motion No CASE NO C Hearing Date: July 22, Ocean Avenue compliance with the Planning Code and in general conformity with plans dated July 7, 2010, labeled "Exhibit B". B. Final detailed building plans shall be reviewed and approved by the Planning Department. Detailed building plans shall include a final site plan, elevations, sections, and a landscape plan, and shall specify final architectural and decorative detailing, materials, glazing, color and texture of exterior finishes, and details of construction. C. Highly reflective spandrel glass, mirror glass, or deeply tinted glass shall not be permitted. Only clear glass shall be used at pedestrian levels. D. Pursuant to Planning Code Section 141, rooftop mechanical equipment is required to be screened so as not to be visible from any point at or below the roof level of the subject building. E. Signage. The Project Sponsor shall develop a signage program for the Project which shall be subject to review and approval by Planning Department staff. All subsequent sign permits shall conform to the approved signage program. Once approved by Department staff, the signage program information shall be submitted and approved as part of the first building or site permit for the Project. F. Lighting. The Project Sponsor shall develop a lighting program for the Project which shall be subject to review and approval by Planning Department staff. The lighting program shall include any lighting required or proposed within the public right-of-way as well as lighting attached to the building. Once approved by Department staff, the lighting program information shall be submitted and approved as part of the first building or site permit for the Project. C. A final pedestrian streetscape improvement plan, including landscaping and paving materials and patterns, shall be submitted for review by, and shall be satisfactory to the Planning Director, in consultation with staff from the Department of Public Works, the Department of Parking and Traffic, and the Bureau of Urban Forestry. Other agencies shall be contacted as appropriate. The Project shall include street trees in conformance with Section 143. Relocation of some existing underground utilities may be necessary to accommodate the required street trees. The street trees planted pursuant to this condition shall be maintained in perpetuity by the Project Sponsor. 6. CONDITIONS TO BE MET PRIOR TO ISSUANCE OF ANY CERTIFICATES OF OCCUPANCY FOR THE PROTECT. A. All usable open spaces shall be completed and available for use. SAN FRANCISCO 25 PL*NNINO D*PARTMUT

12 Motion No CASE NO C Hearing Date: July 22, Ocean Avenue B. An evacuation and emergency response plan shall be developed by the Project Sponsor or building management staff, in consultation with the Mayor s Office of Emergency Services, to ensure coordination between the City s emergency planning activities and the Project s plan and to provide for building occupants in the event of an emergency. The Project s plan shall be reviewed by the Office of Emergency Services and implemented by the building management insofar as feasible before issuance of the final certificate of occupancy by the Department of Public Works. A copy of the transmittal and the plan submitted to the Office of Emergency Services shall be submitted to the Department. To expedite the implementation of the City s Emergency Response Plan, the Project Sponsor shall post information (with locations noted on the final plans) for building occupants concerning actions to take in the event of a disaster. MES\ G:\Documents\ WORM CU\ \ 1117 Motiondoc UN FRANCISCO 26 PLANNING D*PARTMNT

13 St t O \ - - E.hftiil Eil06nA CondIiolU.eAc.I CLP)n01PtlflOSt CI melns po.o cvp,*n. 04v Zniv Co.07.Sofl PHELAN LOOP AFFORDABLE HOUSING I 7rwfl 04W Lr\L..21 Ct K LINE PEDESTRIAN P00I094 O.CiAN.AVENUE OCEAN AVENUE 60 WiDE C PROPOSED SITE PLAN NOT TO SCALE BLOCK QM PPOSEO 1111 PLAN