Letter of Determination

Transcription

1 SAN FRANCISCO PLANNING DEPARTMENT o June 30, 2011 Letter of Determination 1650 Mission St. Suite 400 San Francisco, CA Reception: Catherine Lutz Fax: Mason McDuffie Financial Corporation Franklin Street 5 th Floor Planning Oakland, CA Information: Site Address: Howard Street Assessor s Block/Lot: 3736/099 Zoning District: C ) Downtown Office, (Special Development) Staff Contact: Rick Crawford, (415) or rick.crawford@sfgov.org Dear Ms. Lutz: This letter is in response to your correspondence of June 13, 2011 requesting zoning information for the property at Howard Street. This property is located in the C-3-0(SD) Downtown Office (Special Development) Zoning District and within a 350-S Height and Bulk District. This letter and the attached information sheets should provide you with a summary of the information requested in your June 13, 2011 letter. While the Planning Department has not made a site inspection to determine the existence of possible unabated violations of the Planning Code, our current records do not indicate any Planning Code violations. As such we believe that the property is either (1) compliant with the Planning Code or (2) a legal non-conforming use under the San Francisco Planning Code. For more information regarding Zoning regulations applicable to this property please refer to the on-line Planning Code available through our web site at The subject property is not in any Special Use District. The subject building is a historic resource. It is listed as a Category III structure under Article 11 of the Planning Code indicating the building is contributory and listed on both the California and National Register of Historic Places as a contributory building to the Second and Howard Historic District. Planning Code Section 181(d) and 188(b) allow a legally constructed structure that is destroyed by fire, other calamity, or by act of God or the public enemy to be restored to its original condition and use provided that such restoration is permitted by the Building Code and is started within one year and diligently prosecuted to completion. In the event of such an occurrence, this allows the reconstruction of a non-conforming use, a non-complying building or conditional use that has all applicable building permits and a Certificate of Occupancy on record with the Department of Building Inspection. Uses, buildings, and features not legally built or established may be replaced only with uses, buildings, or features that conform to current standards.

2 Catherine Lutz June 30, 2011 Mason McDuffie Financial Corporation Letter of Determination 2030 Franklin Street 5 th Floor Howard Street Oakland, CA Information regarding violations of the Building Code as well as the Certificate of Occupancy is the jurisdiction of the Department of Building Inspection. Please contact this Department at: Department of Building Inspection 1660 Mission Street San Francisco, CA 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, Daniel A. er Acting Zoning ministrator cc: Rick Crawford, Planner G:DOCUMENTSWE CasesWE Deferm1583 Howard zoning compliance. doc SAN FRANCISCO 2 PLANNING DEPARTMENT

3 San Francisco Planning Department: C-3 District Summary Page 1 of Codes TX Codes > Zoning Districts > C-3 SUMMARY OF STANDARDS FOR THE C-3 General Plan Other City Codes Planning Code on Municode.com Zoning Districts Zoning Maps (DOWNTOWN COMMERCIAL) DISTRICTS Planning Code Sec : C-3 (DOWNTOWN COMMERCIAL) DISTRICTS-- Downtown San Francisco, a center for city, regional, national and international commerce, is composed of four separate districts, as follows: C-3-0 (Downtown Office); C-3-R (Downtown Retail); C-3-G (Downtown General Commercial); C-3-S (Downtown Support). The C-3-0 district has a subdistrict for special development called the C-3-0(SD) district. 124: FLOOR AREA RATIO LIMIT --9:1 for C-3-0; 6:1 for C-3-R; 6:1 for C-3-G and 5:1 for C- 3-S. 124,127 and Art. 11: TRANSFER OF DEVELOPMENT RIGHTS (TDR) -- Owners of buildings requiredto be preserved by Article 11, per their assigned preservation rating may sell unused development potential to owners of other lots in the same district or to a lot in the C-3-0(SD) District. Lots may have their FAR increased by the above means up to 18:1 in the C-3-0 and the C-3-0(SD) district and 1 1/2 times the base FAR in other C-3 districts. 161(c) & 151; OFF STREET PARKING -- Not required for nonresidential uses; 1 space for each 4 dwelling units. 215: DWELLING UNIT DENSITY-- 1 dwelling unit for each 125 square feet of lot area is a permitted use. A greater density, limited by the discretion of the Planning Commission, is a conditional use. Top 320: HOUSING REQUIREMENTS -- The Office Affordable Housing Production Program, requires housing to be constructed or a housing development fee paid for new office buildings or conversion of more than 50,000 gross square feet. 270, 271: HEIGHT CONTROLS -- See Height and Bulk District Zoning Maps and Bulk Limits in Section 270. Excessive bulk may be authorized as a conditional use. 607: SIGN CONTROLS-- See Article 6 of the Planning Code. Height limited to 100 feet (free standing limited to 40 feet), projection limited to 75% of sidewalk width up to a maximum of 12 feet. Special sign districts modify these controls. 134: REAR YARD -- 25% of lot depth required for levels occupied by residential uses. No front setbacks or side yards required. l583 6/29/2011

4 San Francisco Planning Department: C-3 District Summary Page 2 of & if: USES -- Office, retail, residential, entertainment and institutional uses are permitted. Wholesale and some light manufacturing uses are permitted in some C-3 districts. Hotels are a conditional use. Art. 2: SPECIAL USE DISTRICTS -- May be more or less restrictive than certain standards in C-3 districts. Top /29/2011

5 San Francisco Planning Department Office of Analysis and Information Systems PROPERTY INFORMATION REPORT Block 3736 Lot 099 Census Tract Census BIock405 Site Address: HOWARD ST Site Zip Code: OWNER 585 HOWARD STREET PARTNERS GEORGE E YAMAS 585 HOWARD ST SAN FRANCISCO CA PHYSICAL CHARACTERISTICS Lot Frontage Lot Depth Lot Area 8, Lot Shape R Building Sq.Ft. 34, Basement Sq.Ft Authorized Use Original Use PLANNING INFORMATION Zoning C-3-O(SD) Height Limit 350-S Quadrant NORTHEAST Leg. Setback Notices of Special Restrictions: Non-Conforming Uses: PROPERTY VALUES Land $390, Structure $507, Fixture $0.00 Other $0.00 Year Built 1912 Stories 4 Assessor Units 0 Bedrooms 0 Bathrooms 7 Rooms 15 Assessor Use Industrial Planning District 9 SUD SSD Redevelopment Area TRANSBAY Sales Date 01/1 9/1 995 Price $690, Comments: Physical characteristics information is not guaranteed accurate or complete Type PC Section 155(r) Stormwater Management Ordinance Seismic Hazard Zone Potential Roadway Exposure Zone Value Description Curb Cut Restrictions (Sec. 155(r)) Projects that disturb 5,000 square feet or more of the ground surface must comply with the Stormwater Design Guidelines and submit a Stormwater Control Plan to the SFPUC for review. To view the Guidelines and download instructions for preparing a Stormwater Control Plan, go to Applicants may contact stormwaterreviewsfwater.org for assistance. Any new construction is subject to a mandatory Interdepartmental Project Review. Site is located in an area which may have PM2.5 concentration greater than 0.2ug/m3. Newly constructed residential buildings must comply with ordinance , amending the San Francisco Health Code by adding Article 38.

6 San Francisco Planning Department Office of Analysis and Information Systems PROPERTY INFORMATION REPORT Block 3736 Lot 099 Census Tract Census Block405 - PARCEL EVEN TS fluinstructions, IfliTi FTt11Letters, Project Reviews) Date Type Description 01/28/2005 Letter 585 Howard Street - Letter of Determination - use as a national test preparation company [DMD] 05/02/2005 Instruction Transbay Redevelopment Area Zone 2. Permitting by Planning Department/Commission. Per Interagency Delegation Agreement, project review for all projects (except over-thecounter permits) must coordinate with the Redevelopment Agency (Mike Grisso), and Redevelopment Agency must review and comment on final proposal for all projects prior to publication of Planning Department recommendations. Notify Josh Switzky or David Alumbaugh and include on any policy coordination and decision. 12/17/2008 Instruction Potential Roadway Exposure Zone: Site is located in an area which may have PM2.5 concentration greater than 0.2ug/m3. Newly constructed residential buildings must comply with ordinance , amending the San Francisco Health Code by adding Article /20/2011 Letter Howard Street (3736/099); Letter of Determination ACTIVE :I.IsI:I.J.] 1NOTATIONS First Name Last Name Notify of: Notes Phone Michael Grisso Any activity except over-the-counter Planning must coordinate with permits SFRA per Interagency Delegation Agreement. Notify Mike Grisso at SFRA of any activity except over-thecounter permits. SFRA must review and comment on any other activity.

7 San Francisco Planning Department Office of Analysis and Information Systems PROPERTY INFORMATION REPORT Block 3736 Lot 099 Census Tract Census B1ock405 BUILDINGI PERMIT APPLICATIONS AppI. No. Act Date Status Description VERTICAL ADDITION - ADD DECK & MAINTANCE/OFFICE AREA OVER THE EXISTING ROOF WITH SET BACK OF 25 FROM FRONT ELEVATION. INCREASING THE ELEVATOR TO ERECT PROJECTING, ELECTRIC, DOUBLE FACED SIGN /18/1998 FINAL INSPECELECTRICAL LIGHTING & PARTITIONS ON 2/F PER PLANS /06/1997 FINAL INSPECRENEWAL # PA /03/1997 EXPIRED CHANGE RM 3079 FROM STORAGE TO ELECTRICAL WALL(# ) /06/1997 FINAL INSPECCTI II - 3RD FLOOR EL-ME-SP /06/1997 FINAL INSPECCTI I- 3RD FLOOR EL-ME-SP /09/1996 COMPLETE REVISION TO APPL # /CHG SIZE OF STEEL MOMENT FRAME /09/1996 COMPLETE SEISMIC UPGRADE FOR UMB BLDG,INSTLL ELEVATOR, HANDICAP BATHRM /10/1995 FINAL INSPECREROOFING /17/1991 COMPLETE REROOFING /15/1990 COMPLETE SEISMIC BRACING OF PARAPETS /28/1989 EXPIRED INSTALLATION OF AUTOMATIC FIRE SPRINKLER SYSTEM /14/1988 EXPIRED REPLACE SIDEWALK & STRUCTURAL MEMBER BELOW SIDEWALK PERMIT IWJ Appeal No. Appi. No. Case No. Hearing Nature of Appeal Hearing Result

8 San Francisco Planning Department HISTORIC RESOURCES INVENTORY ID No Historic Name Address HOWARD ST Landmark No. HISTORIC DISTRICT Existing Rating GENERAL PLAN Area Plan Rating Downtown Plan Rating Ill NATIONAL REGISTER Rating Year Built Conservation District SPECIAL SURVEY Survey Name Rating OTHER RATINGS California Register Here Today Page Original Owner Original Tenant Builder Original Use Current Use DCP 1976 Heritage C UMBY Architect Height Stories Style Construction Exterior Sources Notes Alterations Other Information Evaluated Program Rating Explanation 7/28/1999 HIST.RES. 1D Contributor to a district or multiple resource property listed in NR by the Keeper. Listed in the CR. ASSOCIATED IPARCEL Block Lot

9 MASON McDUFFIE FINANCIAL CORPORATION an 1}4TERVEST affiliate continuing a tradition since 1887 June 13, 2011 fd /V 1W. 1ILtA( San Francisco Planning Department 1650 Mission Street, Room 400 San Francisco, CA CK 4A [P Re Certificate of Zoning Hcard Street (3 73/o) To Whom It May Concern: We represent Union Security Life Insurance Company of New York who has conditionally agreed to provide financing on the above referenced property. They need, among other things, certain confirmations and information regarding the zoning codes and ordinances affecting this building and its compliance. We would appreciate you completing the enclosed form to the extent possible and returning it to our office. The letter needs to be addressed to Union Security Life Insurance Company of New York. If possible, please put the Certification of Zoning letter on your city letterhead. (I can the letter if needed.) If that is not possible, please stamp the completed certification with your city name and address stamp. Forward completed Certification to my attention. I have enclosed a prepaid envelope for your convenience. We would appreciate receiving your response to this request as soon as possible. Enclosed is check number in the amount of $ Please let me know if you have any questions. Sincerely, Catherine Lutz Loan Servicing Analyst Direct: clutz@mmfc.com Enclosures 2030 Franklin Street, 5th Floor, Oakland, California PHONE : FAX

10 To: Union Security Life Insurance Company of New York do Mason-McDuffie Financial Corporation 2030 Franklin Street, 5th Floor Oakland, CA Date: CERTIFICATION OF ZONING Re: Land and improvements owned by 585 Howard Street Partners, a CA general partnership ("Owner") located in the City and County of San Francisco, known as Howard Street (the "Property"), which Property is described on Exhibit A attached hereto Dear Sir or Madam: I am the duly appointed and incumbent of the County (or City), (the "Jurisdiction"), and I am responsible for the enforcement of the zoning ordinance of the Jurisdiction (the "Zoning Code") and otherwise have knowledge of the facts required to give this certification. I am familiar with the Property described above. Based upon my review of the Zoning Code and all other resolutions, variances, conditions and records applicable to the Property, I hereby certify the following: 1. Zoning District. The Property is zoned under the laws or ordinances of the Jurisdiction, which zoning is the proper zoning for the improvements located on the Property. Attached hereto on Exhibit B are true copies of the applicable ordinances, resolutions or regulations relating to the zoning and use of the Property and all conditions attached to such zoning and to the development of the Property. The Property is in compliance with all of the aforesaid ordinances, resolutions, regulations and conditions. 2. Use Restrictions. The Property is not a non-conforming use. No special use permits, conditional use permits, variances or exceptions have been granted nor are needed to use the Property for the current use thereof. The Property is not located in any special districts such as historical districts. 3. Dimensional Requirements. The Property is in compliance with all dimensional requirements of the Zoning Code, including, but not limited to, minimum

11 lot area, maximum building height, maximum floor area ratio and setback or buffer requirements. 4. Parking Requirements. The Property is in compliance with all parking and loading requirements, including the number of spaces ( for this Property), handicapped spaces ( or fewer for this Property), subcompact spaces for this Property) and dimensional requirements for the parking spaces. 5. Screening and Landscaping Requirements. The Property is in compliance with all screening and landscaping requirements. 6. Sign Requirements. The Property is in compliance with all sign requirements, including height of signs, size of signage, signage setback requirements and any other signage restrictions. 7. Access. Access to the Property is from a publicly dedicated and accepted right of way and all driveways from the Property onto such right of way are in compliance with all applicable driveway ordinances and regulations and all permits, if any, required in connection therewith have been issued. 8. Certificate of Occupancy. A final, permanent and unconditional Certificate of Occupancy was duly issued for the Property, a copy of which is attached hereto on Exhibit C. Except as attached on Exhibit C, there are no permits, licenses or approvals that are appropriate or required by the Jurisdiction for the intended use of the Property. 9. No Violations. There are no existing violations with respect to the Property of the Zoning Code or any other applicable laws, ordinances, rules, regulations and codes, including, but not limited to, building codes, fire codes, environmental codes and safety codes. 10. Subdivision Requirements. The Property is in compliance with all applicable subdivision requirements, and any and all plats, permits and approvals necessary to subdivide the Property from any tract or parcel of land adjacent thereto and now or heretofore owned in common with the owner of the Property have been duly and properly filed, recorded and/or issued. Neither conveyance of the Property by a mortgage instrument nor subsequent foreclosure or deed in lieu thereof will cause the Property to violate any subdivision requirements. Name: Title: 1

12 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN FRANCISCO, COUNTY OF SAN FRANCISCO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: BEGINNING at a point on the Southeasterly line of Howard Street, distant thereon 125 feet Northeasterly from the Northeasterly line of 2nd Street; running thence Northeasterly along said line of Howard Street 50 feet; thence at a right angle Southeasterly 165 feet to the Northwesterly line of Tehama Street; thence at a right angle Southwesterly along said line of Tehama Street 50 feet; thence at a right angle Northwesterly 165 feet to the point of beginning. BEING part of 100 Vara Block No APN: Lot 99, Block

13 EXHIBIT B (Attach Copies of Applicable Ordinances, Resolutions, Regulations and Conditions)

14 EXHIBIT C (Attach Copies of Certificates of Occupancy and other Permits)