SAN FRANCISCO PLANNING DEPARTMENT. Letter of Determination. Site Address: File No: Assessor s Block/Lot: Zoning District:

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1 SAN FRANCISCO PLANNING DEPARTMENT March 5, 2015 J. Gregg Miller, Jr. Coblentz Patch Duffy & Bass LLP One Ferry Building, Suite 200 San Francisco CA Site Address: File No: Assessor s Block/Lot: Zoning District: Staff Contact: Letter of Determination 3333 California Street OZAD 1032/003 RM-1 (Residential, Mixed, Low-Density) District Mary Woods, (415) or mary.woods@sfgov.org 1650 Mission St. Sute 400 San Francisco, CA Reception: Fax: Planning Information: Dear Mr. Miller: This letter is in response to your request for a Letter of Determination regarding the property at 3333 California Street. This parcel is located in the RM-1 (Residential, Mixed, Low-Density) District and a 40-X Height and Bulk District. The request includes two main components: (1) confirmation of the current office use and its continuation as a legal, non-conforming use, not subject to Planning Code Section 321 with respect to the Office Development Annual Limit Program; and (2) confirmation that certain deferred maintenance work, property upgrades, and tenant improvements would not be considered an intensification or expansion of the legal, nonconforming office use, pursuant to Planning Code Section 186. In your letter, dated February 10, 2015, you stated that there are two existing buildings at the site: a "main building" and an "annex building." The main building contains approximately 348,800 gross square feet of office use, and the annex building contains approximately 14,000 gross square feet of office use. The site also contains 541 off-street parking spaces, of which 212 are located in the main building s three levels of below-grade parking. The remaining 329 parking spaces are located in surface lots. The site was part of the Laurel Hill Cemetery from the mid-1850s until the early 1940s. The San Francisco Unified School District (SFUSD) owned the property until the early 1950s. The Fireman s Fund Insurance Company (Fireman s) purchased the property from SFUSD in April, It then developed the site in phases between 1955 and 1966 as its corporate headquarters. Fireman s occupied the site from 1957 to 1982 (when it relocated to Novato, California). The property was then sold to a private party in 1982, during which time it underwent office renovations and was occupied with office tenants. In January, 085, the Regents of the University of California (UC Regents) purchased the property subject to then - existing office leases. UC Regents has occupied and used the site for office uses and ancillary uses since

2 J. Gregg Miller, Jr. March 5, 2015 One Ferry Building, Suite 200 Letter of Determination San Francisco, CA California Street In your February 10, 2015 letter, you indicated that, currently, the Prado Group, Inc./SKS Partner LLC and the UC Regents have entered into an exclusive negotiating agreement with respect to the future of the property. With that in mind, you are seeking a determination with respect to the current uses, the continuation of those uses, change in tenancy, and associated maintenance work and upgrades. The upgrades may include: replacing the HVAC systems, upgrading the mechanical, electrical and plumbing systems, replacing the glazing system, and improving the landscaping and hardscape. The site is currently zoned RM-1. Under the RM-1 zoning, office uses are generally not permitted. However, Section 186 of the Planning Code allows for the continuation of legal, non-conforming uses, despite limitations on the duration of such non-conforming uses set forth in Section 185 of the Planning Code. Because the two existing buildings were lawfully constructed and occupied as offices prior to the enactment of the RM-1 zoning in 1978, they have legal, non-conforming use status under Section 186 and, therefore, are not subject to the limitations set forth in Section 185. Your letter also referenced past letters of determination by the Zoning Administrator in 1981 and 1983, which discussed issues related to multi-tenancy and continuation of the nonconforming office use. In the February 22, 1981 letter, the Zoning Administrator stated that the "...property is considered a nonconforming use...and this RM-1 zoned site will permit the property to be converted from its present use by a single firm to use by more than one firm." In the August 4, 1983 letter, the Zoning Administrator confirmed the continuation of the nonconforming business office use allowing "...business office use of the property at all levels, without expansion, and with activities, signs and hours limited by Section 186(b) of the Code. There is no termination date for continued business office use within these controls." With regard to Section 321 of the Planning Code, the Office Development Annual Limit Program and associated development impact fees would not apply to the property since they were enacted after the existing office uses were lawfully established in With respect to maintenance work, upgrades, and tenant improvements, Section 181 of the Planning Code allows certain maintenance and repair work, and minor alterations to be made to nonconforming uses, as long as such work continues to be consistent with the applicable restrictions of Section 181. Determination Based on City records of the property s continued occupancy as office spaces, and current zoning provisions, it is my determination that the existing office use may continue indefinitely as a legal, nonconforming use, and that the maintenance work, property upgrades and tenant improvements constitute permissible alterations under Section 181 of the Planning Code. In the event that the nonconforming use is abandoned or discontinued for three years or more, Section 183 of the Planning Code shall apply. 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) SAN FRANCISCO 2 PLANNING DEPARTMENT

3 J. Gregg Miller, Jr. March 5, 2015 One Ferry Building, Suite 200 Letter of Determination San Francisco, CA California Street Sincerely, Core ATeague 7 Acting Zoning Administrator cc: Property Owner at: Regents of the University of California, 3333 California Street, Suite 102, San Francisco, CA Neighborhood Groups Mary Woods, Planner SAN FRANCISCO PLANNING DEPARTMENT

4 Coblentz One Ferry Building, Suite 200 Patch Duffy San Francisco, CA &BassLLP T coblentzlawcom J. Gregg Miller, Jr. D (415) gmillercoblentzlaw.com February 10, 2015 Scott Sanchez Zoning Administrator San Francisco Planning Department 1650 Mission Street San Francisco, CA /706/ L/A1OA Ciciw) Re: Letter of Determination Request Regarding 3333 California Street, San Francisco Dear Mr. Sanchez: We submit this letter of determination request pursuant to Section 307(a) of the San Francisco Planning Code (the "Code"). Enclosed herewith is a check in the amount of $630 as payment of the letter of determination fee. As set forth in more detail below, there are existing determinations regarding the Property from former Zoning Administrator Passmore. We concur with the analysis and conclusions in those determinations, and we submit this determination request in order obtain an update and confirmation of those determinations. I. Background on the Property A. Property Location and History The Property is located at Assessor s Block No. 1032, Lot 3, which is an approximately 10.3 acre site bounded by California Street to the north, Presidio and Masonic Avenues to the east, Euclid Avenue to the south, and Laurel Street to the west. The Property is improved with a main building consisting of 455,087 gross square feet of total building area made up of 349,526 square feet of gross floor area and three levels of below grade parking (the "Main Building") and an annex building containing 13,611 square feet of gross floor area. (the "Annex Building,).2 The Property also includes 543 parking spaces, 212 of which are located in the Main Building As you may have read, The Prado Group, lnc.isks Partner LLC ("PSKS") and the Regents of the University of California ("UC") have entered into an exclusive negotiating agreement with respect to the Property. We are making this request on behalf of PSKS as part of PSKS s due diligence with respect to the Property. 2 Please see attached square footage calculations from BAR Architects attached hereto at Tab

5 Coblentz One Ferry Building, Suite 200 Patch Duffy & Bass LLP T coblentzlciwcom J. Gregg Miller, Jr. D (415) gmiller'coblentzlawcom February 10, 2015 Mary Woods Planner - Northwest Quadrant San Francisco Planning Department 1650 Mission Street, Suite 400 San Francisco, CA Re: Letter of Determination Request Regarding 3333 California Street, San Francisco ("ProDertv") Dear Ms. Woods: Please find enclosed herewith our check for $630 and various correspondence related to the Property. Sincerely, ~p J. Gregg Miller, Jr

6 Coblentz Patch Duffy &BassLLP Scott Sanchez San Francisco Planning Department February 10, 2015 Page 2 garage area and the rest are surface parking. The Property is also improved with surface parking and extensive landscaping. A more detailed description of the improvements and their current and past uses is set forth in the certification from UC, dated August 22, 2014, attached hereto at Tab 2. The Property was part of the Laurel Hill Cemetery from the mid-1 850s until the early 1940s. The San Francisco Unified School District ("SFUSD") owned the Property until the early 1950s. On April 1, 1953, Fireman s Fund Insurance Company ("Fireman s") purchased the property from SFUSD so that Fireman s could build its corporate headquarters on the Property. Fireman s subsequently constructed the improvements on the Property in phases between 1955 and In 1957, Fireman s moved into its newly constructed corporate offices at the Property. 3 Fireman s occupied the Property until 1982, when it relocated to its current San Mann Drive location in Novato, California. A private party purchased the property from Fireman s, and then sold the Property to UC on January 30, UC has owned the Property ever since. B. Current Zoning The Property is currently zoned RM-1; 40-X height/bulk. However, at an area of approximately 447,361 square feet (per the Assessor s Office), the site would be eligible for a Planned Unit Development and thus eligible for development at the density allowed under RM-2 zoning, minus one unit. The existing zoning of parcels in the immediate vicinity of the Property is mixed. The San Francisco Fireman s Credit Union owns and occupies a two (2) story building on a 15,000 + square foot triangular shaped lot (Lot 2) at the northeast corner of the block. This lot is zoned NC-2. In addition, the subject property is adjacent to an NC-S (Neighborhood Commercial Shopping Center) district on the west (the Laurel Heights Shopping Center) and is approximately one-half block south of the Sacramento Street Neighborhood Commercial District. It is also bounded by an RH-2 (Residential, 2 Family) district on the west, an RH-3 (Residential 3 Family) district across Euclid on the south, RM-1 and RH-3 districts east of Presidio Avenue, and on the southeast by a P (Public) district. See the entries at 1950 on the Fireman s Fund interactive timeline at

7 Coblentz Patch Duffy & Bass LLP Scott Sanchez San Francisco Planning Department February 10, 2015 Page 3 II. Determinations Requested A. Confirmation that the Current Use of the Property is Office Use We request you confirm that the 349,526 gross square feet of space in the Main Building and the 13,611 gross square feet of space in the Annex Building constitutes office space. 4 Code Section 320(f) defines "Office Space" as "space within a structure intended or primarily suitable for occupancy by persons or entities which perform for their own benefit or provide to others services at that location, including but not limited to professional, banking, insurance, management, consulting, technical, sales and design". Prior Zoning Administrator Robert Passmore has determined that the space is office space. The Executive Director of Real Estate Services for UCSF has recently confirmed Passmore s conclusions and the continued use of the Property for office uses. As described in the certification from the Executive Director attached hereto at Tab 2, UC has used the Property for office uses and ancillary uses thereto since it purchased the site in In addition, as set forth in the determinations by former Zoning Administrator Passmore attached hereto at Tab 3 (the "Passmore Determinations"), the Property was used for offices prior to UC s acquisition. For example, Zoning Administrator Passmore s 1983 determination letter states "Read together, these provisions permit continued business office use of the Property". Furthermore, Mr. Passmore s 1981 determination letter describes the Property as the "Fireman s Fund Office Site" and states that the Code would allow "the property to be converted from its present use by a single firm to use by more than one firm". As UC has certified, its occupancy and use of the Property has been for office purposes. Therefore, UC s use does not alter the treatment of the space under the Code. Accordingly, Please see attached square footage calculations from BAR Architects at Tab 1. As UC s certification makes clear and as one would expect, the buildings contain some space that is used for purposes accessory to the office use, such as the childcare space, auditorium and cafø in the Main Building and those portions of the Annex Building that contain some of the buildings physical plant. Nevertheless, these accessory uses do not constitute a conversion of the space from office use to some other use. These accessory uses support and are part of the office uses at the Property and are included in the gross floor area calculations as is required under Section of the Planning Code. As reflected in various study docs, UC s occupancy level at the Property has varied over the years, but the use has always been office. Also, while there have been some interim temporary uses over the years, those temporary uses would not have affected a change in any event. We are mindful that UC s long-range development plans over the years have applied UC categorizations to uses either planned in the long-term or listed as short-term interim uses. For purposes of the Code, the uses have always remained office uses. Furthermore, the building s occupancy classification was never altered from a B Occupancy (see, for example, Permit No , attached hereto at Tab 4). In all events, as set forth in UC s certification and in UCSF s most recent draft 2014 Long Range Development Plan, the use of the space is predominantly office. The "other" uses are merely accessory to the office use

8 Coblentz Patch Duffy &BassLLP Scott Sanchez San Francisco Planning Department February 10, 2015 Page 4 based on the foregoing evidence, we ask you to confirm that the space in the Main Building and Annex Building is office space. B. Confirmation that the Office Use may be continued as a Legal Non-Conforming Use We request you to confirm that, subject to standard Code limitations, the office use at the Property may be continued as a legal, non-conforming use as UC vacates the Property. As noted above, the Property is currently zoned RM-1. Under the RM-1 zoning, generally speaking, office uses are not permitted. However, Section 180 et seq. of the Code contains various provisions that allow for the continuation of non-conforming uses subject to restrictions, such as the prohibition on expanding or intensifying a non-conforming use. As one would expect, the Passmore Determinations undertake a detailed analysis of the Property s nonconforming use status and conclude that the non-conforming office use may be continued and is not subject to termination. In his 1983 letter, Zoning Administrator Passmore writes "the building has Non-Conforming Use status under Section 186 of the City Planning Code since it was lawfully established prior to enactment of residential zoning" and that Section 186 "permits the indefinite continued use of a Non-Conforming Use so long as there is no expansion of the commercial activity or floor area". In addition, Mr. Passmore s 1981 letter also confirms the nonconforming use status of the Property. Based on the determinations of former Zoning Administrator Passmore, and the fact that the use has not changed since those determinations, we ask you to confirm that there has been no subsequent change in the applicable provisions of the Code that would alter the validity of their determinations. 1. The Property would not need an Office Allocation under Section 321 We request that you confirm that an office space allocation is not required for the continued use of the space for office use. Section 321 of the Code requires an office project to obtain an allocation of office space whenever the project proposes to add more than 25,000 gross square feet of new (net) office space. The Planning Commission approved development of the Property for office uses in more than thirty years prior to the adoption of Section 321. Since then, the space had been used continuously for office space. Therefore, no office space allocation would be needed in order to continue the office use at the Property and no development impact fees are payable with respect to the office use. 6 Based on the foregoing, we ask you to confirm that the Property does not need a so-called office space allocation. 6 We are mindful of the fact that a conversion or change in use could trigger fees

9 Coblentz Patch Duffy &BassLLP Scott Sanchez San Francisco Planning Department February 10, 2015 Page 5 C. Performance of Deferred Maintenance Work, General Upgrades to the Property and Tenant Improvements Would Not Constitute Expansion or Intensification of the Existing Non-Conforming Use The property owner or PSKS may perform continuing maintenance work, which could include replacing the HVAC systems, upgrading the mechanical, electrical and plumbing systems, replacing the glazing system and improving the landscaping and hardscape. In addition, at such time as UC vacates the Property, PSKS may perform interior tenant alterations in order to prepare the space for new tenants. None of this work would result in additional square footage being added to the Property. Section 181(b) of the Code describes work that would not be considered a prohibited alteration of a structure containing a non-conforming use. The potential work referenced above is consistent with the work described in sub-clauses (1) and (2) of Section 181(b), which allows, respectively "[o]rdinary maintenance and minor repairs... where necessary to keep the structure in sound condition, as well as minor alterations, where such work is limited to replacement of existing materials with similar materials placed in a similar manner" and "[m]inor alterations... to carry out newly enacted retroactive requirements essential to health or safety." As such, these categories of work would not constitute alterations that are prohibited under the Code s non-conforming use provisions or result in an intensification of the existing non-conforming use. Therefore, we ask you to determine that the anticipated work would not constitute an expansion or intensification of the existing non-conforming use at the Property. Sincerely, ~W J. Gregg Miller, Jr. Enclosures

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11 December 3rd 2014 Don Bragg Director of Development Prado Group, Inc. 150 Post Street, Suite 320 San Francisco, California RE: Laurel Heights, UCSF Campus PROJECT No: APN: 1032:003 Dear Don, I have reviewed the digital as-built drawings provided by UCSF for their Laurel Heights Campus located at Lot #1032 and Block # 003 and prepared the attached documentation indicating the overall Gross Floor Area of the subject property pursuant to San Francisco Planning Code Section The Gross Floor Area of the Laurel Heights UCSF Campus is 375,673 SF. In my professional opinion and to the best of my ability I believe these tabulations to be accurate. Warm Regards, IZLI-1~~ (V. 44 BAR ahitects David Israel Principal, BAR Architects Architecture Planning Interiors cc: William Duncanson end: GFA tabulation and graphic support path: Z:\13018 Prado LH\3 REGULATORY\3.10 City + County\3.12 Planning Department\141125_Laurel Heights GFA.docx 901 Battery Street Suite 300 San Francisco, CA

12 UCSF Laurel Heights Campus California Blvd, San Francisco, CA Gross Building Areas per San Francisco Planning Code, Section Dec-14 Office Floor Area Basement Storage & Tenant Area s 12 Garage Floor Area Total Floor GSF FP-4 73,411 73,411 FP-3 92,282 92,282 FP-2 89,479 89,479 FP-1 64,479 64,479 Bi 29,875 2,230 21,403 53,508 B2 B3 7,658 2,648 42,145 29,477 49,803 32, ,526 12,536 93, ,087 Annex Bldg 13, ,611 Mech Tunnel ,700 2, ,137 12,536 95, ,398 Total Sitewide GSF excluding parking: 375,673 Total Sitewide GSF including parking: 471,398 Notes 1 Calculated using SF Planning Code Section Storage areas used for tenant storage & tenant areas not classified as office 3 Mechanical Tunnel connects Bi Level to Annex Building

13 S E BASEMENT LEVEL 3 OFFICE AREA: 0 SF BASEMENT AREA: 2,648 SF GARAGE AREA: 29,477 SF BASEMENT LEVEL 1 BASEMENT LEVEL 2 OFFICE AREA: 29,875 SF OFFICE AREA: 0 SF BASEMENT AREA: 2,230 SF BASEMENT AREA: 7,658 SF OFFICE AREA GARAGE AREA: 21,403 SF GARAGE AREA: 42,145 SF UCSF LAUREL HEIGHTS I \ ) NOTES: GROSS FLOOR AREA DEFINED BY SF PLANNING CODE SECTION BAR HAS NOT VERIFIED EXISTING CONDITIONS, CAD DRAWING USED FOR CALCULATIONS PROVIDED BY CLIENT PARKING AREA BASEMENT AREA EXISTING BUILDING BASEMENT LEVELS BARarthit.cts 901 Battery Street, Suite San Francisco, CA A221

14 E AREA DEFINED BY SF PLANNING CODE SECTION BAR HAS NOT VERIFIED EXISTING CONDITIONS, CAD DRAWINGS USED FOR CALCULATIONS PROVIDED BY CLIENT OFFICE AREA EXISTING BUILDING UCSF LAUREL HEIGHTS I R\\t. FIRST FLOOR PLAN BRait 901 Battery Street, Suite San Francisco, CA (Z) A2.01

15 Sr fi fi fi fi fi fi ' fi fi 5 E Sr fi NOTES: GROSS FLOOR AREA DEFINED BY SF PLANNING CODE SECTION BAR HAS NOT VERIFIED EXISTING CONDITIONS, CAD DRAWINGS USED FOR CALCULATIONS PROVIDED BY CLIENT OFFICE AREA EXISTING BUILDING UCSF LAUREL HEIGHTS SN N \N SECOND FLOOR PLAN I I I I I i (7) A Battery Street, Suite 3001 San Francisco, CA BARarcisitects I I

16 a a ]EFINED BY SF PLANNING CODE SECTION EXISTING CONDITIONS, CAD DRAWINGS DNS PROVIDED BY CLIENT AREA UCSF LAUREL HEIGHTS EXISTING BUILDING THIRD FLOOR PLAN BRait 901 Battery Street, Suite San Francisco, CA Z02, (::zi:) A2.03

17 E DEFINED BY SF PLANNING CODE SECTION D EXISTING CONDITIONS, CAD DRAWINGS IONS PROVIDED BY CLIENT AREA EXISTING BUILDING UCSF LAUREL HEIGHTS I SAN I RAN(AN. FOURTH FLOOR PLAN BARarciiit.cts 901 Battery Street, Suite San Francisco, CA (7) A2.04

18 E NOTES: GROSS FLOOR AREA DEFINED BY SF PLANNING CODE SECTION BAR HAS NOT VERIFIED EXISTING CONDITIONS, CAD DRAWINGS USED FOR CALCULATIONS PROVIDED BY CLIENT OFFICE AREA UCSF LAUREL HEIGHTS I EXISTING ANNEX FIRST FLOOR PLAN BAR arcliitscts 901 Battery Street, Suite San Francisco, CA III I , I ANNEX A2.01

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20 DocuSign Envelope ID: 4E08D0F6-53AD-42EB-ADEC-32FCD208D678 University of California San Francisco Em i. MMI q "I, advancing health worldwide Finance and Administration Services Real Estate Services UCSF Real Estate Services 654 Minnesota Street 2nd Floor, Box 0287 San Francisco, CA tel: 415/ fax: 415/ September 19, 2014 Scott Sanchez Zoning Administrator Department of City Planning City -and of-.san--francisco-1660 Mission Street San Francisco, CA Re: 3333 California Street; the Regents of the University of California, San Francisco Campus, in connection with its pending Ground Lease with Prado/SKS Dear Mr. Sanchez: I write this letter on behalf of the Regents of the University of California and its San Francisco campus ("UCSF"), in connection with the ground lease under discussion with Prado/SKS for its property located at 3333 California Street/Assessor s Block: 1032, Lot 3, commonly known as the Laurel Heights Campus. I am the Executive Director of Real Estate Services for UCSF and have been employed by UCSF since Based upon my experience and due diligence performed by me, to the best of my knowledge and belief, I know the uses at the Laurel Heights site and would be aware of any alterations in its use, because of my job function and length of tenure with the campus. The purpose of this letter is to provide you with UCSF s statement of the uses of the site since its acquisition by the Regents in At all times during the period of UCSF s ownership, the 10.3 acre site contained a total of approximately 362,800 gross square feet (gsf) of building space; 348,800 gsf in the main building and 14,000 gsf in an annex building. The main building s approximately 348,800 gsf is devoted to office uses on Floors 1 through 4 abovegrade (including about 10,000 feet of lab use) with three levels of subterranean parking, totaling 212 spaces in an additional 107,400 gsf. In addition to the 212 subterranean spaces, there are 329 surface parking spaces on the site. The 14,000 gsf annex houses the boiler, HVAC, pharmacy shop, other plant operations systems, and office space for the physical plant engineers. The main building includes approximately 333,800 square feet of general office uses (including the small lab areas), and 15,000 square feet of common area and support programs, such as a childcare center, an auditorium, and a small cafeteria. When UC purchased the building, there were leases in place for Cal Trans offices and a small imaging center building tenant; however, the leases expired thereafter and the space has long since been renovated and used for administrative offices.

21 DocuSign Envelope ID: 4E08D0F6-53AD42EB-ADEC-32FCD208D678 This letter will also confirm that this space has been used continuously for the above referenced uses for the entirety of UCSF s ownership and occupancy. The undersigned is authorized to certify on behalf of UCSF that the foregoing is true and correct to the best of my knowledge and belief. This letter is executed by the undersigned while acting solely in her professional capacity as the Executive Director, UCSF Real Estate Services, and no personal liability is assumed by nor shall it be deemed to extend to the undersigned for any of the statements set forth in this letter. Sincerely, OocuSigned by: Ii- 7F7CB B8... Esther E. Morales Executive Director UCSF Real Estate Services

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23 DEPARTMENT OF CITY PLANNING 45CMcLLiSTERSTREET. SAN August 4, 1983 Lynn A. Gunderson, Chairman Chartered Associates -of California Ltd Market Street, Suite 109 San Francisco, CA Re* California Street) Assessor s Block: 1032, Lot: 3 Zoning: RM-]. NW Dear Mr. Gunderson: This letter is to confirm our conversation July 20, 1983 concerning the proposed leasing of the Fireman s Fund Headquarters Building as office space for different sized organizations. The property is zoned RM-1 (Residential, Mixed Character Houses and Apartments, Low-Density) and the building has Non-Conforming Use status under Section 186- of the City Planning- Codei since it was lawfully established prior to the enactment of residential zoning. Section 186, a copy of which is enclosed for your convenience, permits the indefinite continued use of a Non-Conforming Use so long as there is no expansion of the commercial activity or floor area, and there is compliance with the seven conditions listed under Section 186(b). Under Section 186(a), in an RM-1 district, commercial uses are permitted which are either principal or conditional uses in RC-1 districts. Section 219(b) of the Code permits business offices in C-i districts, and Section 209.8(b) permits business offices above the ground story in an RC-1 district as a conditional use. Read together, these provisions permit continued business office use of the property at all levels, without expansion., and with activities, signs and hours limited by Section 186(b) of the Code. There is no termination date for continued business office use within these controls. Any questions may be directed to Robert Feldman, Information Supervisor, at (415) Sincerely, ebetlore Assistant Director of Planning- Implementation (Zoning Administrator) Enclosure: Part 2, Chapter 2 San Francisco Municipal Code, Sec. 186 RWP:RF:vr 5153A

24 SAN FRANCISCO CITY PLANNING CODE (Part 2, Chapter 2 ofthe San Francisco Municipal Coder - - SEC EXEMPTION OF LIUTED CONRCIAL NON-CONIORNING USES. The purpose of this section is to provide for the further continuance in R districts of nonconforming uses of a United commercial character, as herein described, which are beneficial to, or can be accommodated within, the residential areas in which they are located. It is hereby found and declared that, despite tiie general incompatibility of nonconforming uses with the purposes of this Code, and with other nearby uses, those limited coimnercial uses may be tolerated in residential areas, and tend to prqide convenience goods and services on a retail basis to meet the frequent and recurring needs of neighborhood realdents within it short - distænc of their homes These used tend to be small in scale, to serve primarily a walk-in trade, and to cause a minimum of interference with nearby streets and properties. Accordingly, this section recognizes the public advantages of these uses and estabiiahes conditions for their continued operation. (a) The following nonconforming uses in R districts shall be exempt from the termination provisions of Section 185, provided such uses comply with all the conditions specified in Subsection (b) below: 1. In all RH districts and in. RM-1 districts: any use that would be permitted as a principal or conditional use in an RC-1 district. 2. In all other RN districts: any use that would be permitted as a principal or conditional use in an RC-2 district. (b) The limited commercial nonconforming uses described above shall meet the following conditions: 1. The building shall be maintained in a sound and attractive condition, consistent with the general appearance of the neighborhood; 2. Any signs on the property shall be made to comply with the requirements of Article 6 of this Code applying to non-conforming uses; 3. The hours during which the use is open to the public shall be Limited to the period between 6:00 a.m. and 10:00 p.m.; 4 No public sidewalk space shall be occupied in connection With ths use; - 5. Truck loading shall be limited in such a way as to avoid undue interference with sidewalks, or with crosswalks, bus stops, hydrants and other public features; 6. Noise, odors and other nuisance factors shall be adequately controlled.; and with. 7. All other applicable provisions of this Code shall be complied (c) Any use affected by this section which does not comply with all of the conditions herein specified shall be subject to termination in accordance with Section 185 at the expiration of the period specified In that section, but shall be qualified for consideration as a conditional use under Section 185(e). Any such use which is in compliance with such conditions at the expiration of such period but fails to comply therewith at any later date shall be subject to termination when i.. ceases to comply with any of such conditions. (d) The provisions for nonconforming uses contained in Sections 180 through 183 shall continue to apply to all uses affected by this Section 186, except that the cost limit for structural, alterations contained in Section 181(b)4 shall not be applicable thereto. (Amended Ord ,, Approved )

25 Char!ereaA000cide of Ca&/irn1a et!d. /o mw.h.i.g io &n3ianthc e4,rn194!l4 July 21, ,5.g Robert W. Passmore Zoning Rdministrator Department of City Planning City and County of San Francisco 450 McAllister Street Sari Francisco, Ca Re: 3333 California Street Fireman s Fund Headquarters Buildin We very much appreciate the time you gave yesterday to members of our group, and the information you provided on City zoning vis-a-vis the Fireman s Fund building. - Based on recent analysis, it is the intent of our group to purchase the building and subsequently lease it as office/ administrative space. We anticipate multi-tenant usage by different sized organizations; however, from our perspective, the larger the leasehold the better. Although the building will be available as management/administrative space for the general business- community, our marketing of the leases per se will emphasize its appropriateness for the high technology client s administrative use. The auditorium, classrooms and other unique features of the building add to its attractiveness to corporations who need to provide a forum for the introduction of products and the education of staff and customer. We feel there is a useful synergism in collocating offices of high-tech industry; and that a focal point that integrates the innovation of "Silicon Valley" with the international presence of San Francisco is a worthwhile concept RECIVED JUL441Ø3 City & COUNTY OF S.F. PT. OP COT PLANNING

26 U -- Our intended use of the facility envisions no more intensive activity, either by people, ehicles, or equipment -1 thii ha previously existed. Asa matter of fact, our first major tenant will be the Fireman s Fund Corporation, who will lease back from us 60% of the space the first year, with incrementally less space in succeeding years. In order for us to proceed with the venture, we would apprecite knowing the position of the Department of City Planning concerning continuing or renewing the use permit in perpetuity, considering the aforementioned usage. Thank you again for your attention. We look forward to hearing from you. Yours very truly CHARTERED ASSOCIATES OF CALIFORNIA LTD. Lynn A. runderson Chairman LAI3/jh

27 City and CoUnty of San Francisco Department of City Planning February 22, 1981 Mr. John Cloudsley, Jr. Page, Cloudsley & Baleix 400 Montgomery Street San Francisco, CA RE Fireman T a Fund Office Site, 3333 California Street Lot 3 in Assessor s Block 1032; Use of Existing Property by more than one firm. Dear Mr. Cloudsley: This is to confirm the above-described property is considered a nonconforming use under the City Planning Code. Provisions of the Code applicable to nonconforming uses and this RM-1 zoned site will permit the property to be converted from its present use by a single firm to use by more than one firm. The total floor area in commercial use may not be expanded, however. - - Sincerely, Robert W; Passinore Assistant Director of Planning-Implementation (Zoning Administrator) RP/jf r353) e1/ (415) Larkin Street San Francisco, CA 94102

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29 -UI c,j F It. HAIN C1.5, I I \JI I 0 EP I P T l4 E NT F OF

30 r t c v $ I DEPART!4If JT 0 F r DATE BUILDING INSPECTORS- JOB RECORD II 1/ I tj 1/ 1/ /1 1/ I, 1/ c -wofl c &: " rir4il ir..4f iuj.,. APP NOO ---- BUILDING INSPECTOR