Executive Summary Conditional Use

Transcription

1 Executive Summary Conditional Use HEARING DATE: SEPTEMBER 24, 2015 CONSENT CALENDAR Date: September 14, 2015 Case No.: C Project Address: 290 Division Street Zoning: PDR 1 G (Production, Distribution, and Repair General) 40 X Height and Bulk District Block/Lot: 3526/016 Project Sponsor: John Kevlin One Bush Street, Suite 600 San Francisco, CA Staff Contact: Jeffrey Speirs (415) jeffrey.speirs@sfgov.org Recommendation: Approval with Conditions PROJECT DESCRIPTION The project sponsor proposes to expand an existing legally non conforming office use at the property. The existing legally non complying office use of 18,900 square feet will be expanded to 20,786 square feet within the existing building, a net increase of 1,886 square feet (approximately 10%) into Unit 405. No new floor area or volume will be added to the building. No interior or exterior changes are proposed. The subject property is within a PDR 1 G zoning district with a 40 X height and bulk district. SITE DESCRIPTION AND PRESENT USE The project is located on the northern side of Division Street, on the northeast corner of the intersection with 10 th Street. The property is located on an irregularly shaped lot of approximately 9,674 square feet, with frontages on 10 th, Division, and Brannan Streets. The property is developed with a 4 story, 32,942 square foot building, built circa The building consists of retail, light manufacturing, and offices at the ground level, a health club at the second level, and offices on the third and fourth levels. SURROUNDING PROPERTIES AND NEIGHBORHOOD The project site is located in the Showplace Square/Potrero Area Plan, at the intersection of Division, 10 th, and Brannan Streets. The subject block is zoned for PDR, with a SALI Zoning District directly across 10 th Street. The immediate area is surrounded by parking lots located directly under the Highway 101. Existing surrounding buildings and uses include a mix of PDR, office, and retail buildings. ENVIRONMENTAL REVIEW Since the project involves legalization of an existing office use and would not result in a physical change in the environment, the Project is not a project per CEQA Guidelines and 15060(c)(2).

2 Executive Summary CASE NO C Hearing Date: September 24, Division Street HEARING NOTIFICATION TYPE REQUIRED PERIOD REQUIRED NOTICE DATE ACTUAL NOTICE DATE ACTUA L PERIOD Classified News Ad 20 days 9/4/2015 9/4/ days Posted Notice 20 days 9/4/2015 9/2/ days Mailed Notice 10 days 9/14/2015 9/4/ days PUBLIC COMMENT To date, the Department has not received any communications regarding the proposal. ISSUES AND OTHER CONSIDERATIONS The Zoning Administrator issued a Letter of Legitimization on December 24, 2013, that legitimized an existing 18,900 gross square feet of office space in the building as legal nonconforming office space pursuant to Planning Code Section 179.1, which allowed the existing use to become legal, provided evidence of occupancy could be documented. A building permit (Building Permit Application # ) was completed on July 7, 2015, to change the legally permitted use to office space. Excluded from the Letter of Legitimization were Units 300 and 405, due to periods of vacancy. Unit 405 is currently being used as office. An office use had occurred intermittently from January 2007 to present. Planning Code Section 181(i) allows a non conforming non residential use in a PDR 1 G Zoning District to expand in gross floor area by no more than 25 percent with conditional use authorization. Such conditional use authorization may not be granted for any subsequent or additional expansion beyond the initial 25 percent. This is the first conditional use authorization sought under Section 181(i) for this property. REQUIRED COMMISSION ACTION In order for the project to proceed, the Commission must grant conditional use authorization to allow the expansion of a legal non complying use by no more than 10%, pursuant to Planning Code Section 181(i). BASIS FOR RECOMMENDATION The project promotes the continued operation of an existing business (dba Curebit), as Unit 405 was not able to be legitimized due to a period of vacancy. The proposed expansion into Unit 405 is best suited for office use, as the majority of uses on the 3 rd and 4 th floor are office. Unit 405 is in the corner of the 4 th floor. The project meets all applicable requirements of the Planning Code. The project is desirable for, and compatible with the surrounding neighborhood. The business is not a Formula Retail use and would serve the immediate neighborhood. The project is subject to Transportation Impact Development Fees and Eastern Neighborhoods Impact Fees for the expanded space, which will benefit the community and City. RECOMMENDATION: Approval with Conditions 2

3 Executive Summary CASE NO C Hearing Date: September 24, Division Street Attachments: Zoning Map Block Book Map Sanborn Map Aerial Photographs Context Photos Site Photos Floor Plans Application from Project Sponsor Letter of Legitimization Letter from Project Sponsor 3

4 Executive Summary CASE NO C Hearing Date: September 24, Division Street Attachment Checklist Executive Summary Draft Motion Environmental Determination Zoning District Map Height & Bulk Map Parcel Map Sanborn Map Aerial Photo Context Photos Site Photos Project sponsor submittal Drawings: Existing Conditions Check for legibility Drawings: Proposed Project Check for legibility 3 D Renderings (new construction or significant addition) Check for legibility Wireless Telecommunications Materials Health Dept. review of RF levels RF Report Community Meeting Notice Housing Documents Inclusionary Affordable Housing Program: Affidavit for Compliance Exhibits above marked with an X are included in this packet Plannerʹs Initials JS: G:\Documents\Projects\290 Division Street\ C Division Street - Exec Sum.doc 4

5 Subject to: (Select only if applicable) Affordable Housing (Sec. 415) Jobs Housing Linkage Program (Sec. 413) Downtown Park Fee (Sec. 412) First Source Hiring (Admin. Code) Child Care Requirement (Sec. 414) Other Planning Commission Draft Motion HEARING DATE: SEPTEMBER 24, 2015 Date: September 14, 2015 Case No.: C Project Address: 290 DIVISION STREET Zoning: PDR 1 G (Production, Distribution & Repair 1 General) 40 X Height and Bulk District Block/Lot: 3526/016 Project Sponsor: John Kevlin One Bush Street, Suite 600 San Francisco, CA Staff Contact: Jeffrey Speirs (415) jeffrey.speirs@sfgov.org ADOPTING FINDINGS RELATING TO THE APPROVAL OF CONDITIONAL USE AUTHORIZATION PURSUANT TO SECTIONS 181 AND 303 OF THE PLANNING CODE TO ALLOW THE EXPANSION OF AN EXISTING LEGALLY NON CONFORMING OFFICE USE AT THE PROPERTY BY NO MORE THAN 25%. THE EXISTING LEGALLY NON COMPLYING OFFICE USE OF 18,900 SQUARE FEET WILL BE EXPANDED BY 1,886 SQUARE FEET TO 20,786 SQUARE FEET WITHIN THE EXISTING BUILDING. THE SUBJECT PROPERTY IS WITHIN A PDR 1 G ZONING DISTRICT WITH A 40 X HEIGHT AND BULK DISTRICT. PREAMBLE On February 6, 2014 John Kevlin (hereinafter Project Sponsor ) filed an application with the Planning Department (hereinafter Department ) for Conditional Use Authorization under Planning Code Section(s) 181 and 303 to allow an expansion to an existing legally non conforming office use at the property by no more than 25%. The existing legally non complying office use of 18,900 square feet will be expanded by 1,886 square feet to 20,786 square feet within the existing building (approximately 10%). The subject property is within a PDR 1 G Zoning District with a 40 X Height and Bulk District. The Project is not considered a project for the purposes of the California Environmental Quality Act ( CEQA ) as defined in CEQA Guidelines and 15060(c)(2) because it does not result in a physical change in the environment.

6 Draft Motion September 14, 2015 CASE NO C 290 Division Street On September 24, 2015, the San Francisco Planning Commission (hereinafter Commission ) conducted a duly noticed public hearing at a regularly scheduled meeting on Conditional Use Application No C. The Commission has heard and considered the testimony presented to it at the public hearing and has further considered written materials and oral testimony presented on behalf of the applicant, Department staff, and other interested parties. MOVED, that the Commission hereby authorizes the Conditional Use requested in Application No C, subject to the conditions contained in EXHIBIT A of this motion, based on the following findings: FINDINGS Having reviewed the materials identified in the preamble above, and having heard all testimony and arguments, this Commission finds, concludes, and determines as follows: 1. The above recitals are accurate and constitute findings of this Commission. 2. Site Description and Present Use. The project is located on the northern side of Division Street, on the northeast corner of the intersection with 10 th Street, Block 3526, Lot 016. The property is located within the PDR 1 G (Production, Distribution & Repair 1 General) District with 40 X height and bulk district, on an irregularly shaped lot of approximately 9,674 square feet. The property is developed with a 4 story, 32,942 square foot building, built circa The building consists of retail, light manufacturing, and offices at the ground level, a health club at the second level, and offices on the third and fourth levels. The subject property is a corner lot, with approximately 72 feet of frontage on 10 th Street, 92 feet of frontage on Division Street, and 18 feet of frontage on Brannan Street. The subject building occupies most of the lot, with the rear abutting Highway Surrounding Properties and Neighborhood. The project site is located in the Showplace Square/Potrero Area Plan, at the intersection of Division, 10 th, and Brannan Streets. The adjacent building to the north of the subject property is a two story industrial building, currently operating as a theater. To the west, across 10 th Street, is a two story industrial building located in a SALI Zoning District. To the north, east, and south is the Highway 101 and its ramps, with primarily industrial buildings beyond the highway overpasses. Underneath the highway overpasses are parking lots. The neighborhood is industrial in nature. The Project site is located in a PDR 1 G District, adjacent to a SALI Zoning District to the west across 10 th Street. 4. Project Description. In a PDR 1 G Zoning District, new office uses are not allowed. The Zoning Administrator issued a Letter of Legitimization on December 24, 2013, that legitimized an existing 18,900 gross square feet of office space in the building as legal nonconforming office space pursuant to Planning Code Section 179.1, and a building permit (Building Permit Application # ) was completed on July 7, 2015, to change the legally permitted use 2

7 Draft Motion September 14, 2015 CASE NO C 290 Division Street to office space. Per Planning Code Section 181(i), a non residential nonconforming use may expand in gross floor area by no more than 25 percent with conditional use authorization pursuant to Section 303 of this Code. The proposal is to expand this legally non conforming office use by 1,886 square feet (approximately 10%) to include Unit 405. The Project would result in 20,786 square feet of office space. 5. Public Comment. The Department has not received any comments or phone calls in support or opposition to the proposal. 6. Planning Code Compliance: The Commission finds that the Project is consistent with the relevant provisions of the Planning Code in the following manner: A. Expansion of a Non Residential Nonconforming Use. Planning Code Section 181(i) states that a non residential nonconforming use in the PDR 1 G District may expand in gross floor area by no more than 25 percent with conditional use authorization pursuant to Section 303 of this Code. The proposal is to expand the existing nonconforming office space from 18,900 gross square feet to 20,786 gross square feet, which represents a 9.9 percent increase of the nonconforming use. B. Parking. Planning Code Section states that parking shall not be required for any use, and parking maximums shall instead apply. Office uses may provide up to one off street parking space per 1,000 square feet. The existing property contains no off street parking. The project will not provide additional parking because no parking is required under the current Planning Code. C. Office Allocation. Pursuant to Planning Code Section 321, an Office Allocation is required when a project proposes to add more than 25,000 gross square feet of new office space, regardless of the project site s zoning classification. The Planning Commission shall hear and make determinations regarding applications for Office Allocations. The proposal is to expand the existing nonconforming office space from 18,900 gross square feet to 20,786 gross square feet; thus, an Office Allocation is not required. D. Transit Impact Development Fee. Pursuant to Planning Code Section 411, the Project Sponsor shall pay the Transit Impact Development Fee (TIDF) as required by and based on drawings submitted with the Building Permit Application. The proposal is to expand the existing nonconforming office space from 18,900 gross square feet to 20,786 gross square feet. The project s expansion of 1,886 square feet is subject to the TIDF. 3

8 Draft Motion September 14, 2015 CASE NO C 290 Division Street E. Eastern Neighborhoods Impact Fee. Pursuant to Planning Code Section 423, the Project Sponsor shall pay the Eastern Neighborhood Impact Fee as required by and based on drawings submitted with the Building Permit Application. The proposal is to expand the existing nonconforming office space from 18,900 gross square feet to 20,786 gross square feet. The project s expansion of 1,886 square feet is subject to the Eastern Neighborhood Impact Fee 7. Planning Code Section 303 establishes criteria for the Planning Commission to consider when reviewing applications for Conditional Use approval. On balance, the project does comply with said criteria in that: A. The proposed new uses and building, at the size and intensity contemplated and at the proposed location, will provide a development that is necessary or desirable, and compatible with, the neighborhood or the community. The subject building already contains 18,900 gross square feet of legal nonconforming office space. The proposed 1,886 square feet of non office space represents only 5.3 percent of the building area, and it is located in an area most associated with (adjacent to) the existing office space. Unit 405 is not well suited for a non office use in its current layout. The building s 3 rd and 4 th floors currently function primarily as an office use. Converting the remaining 1,886 square feet on the 4 th floor will help unify the use at the 4 th floor and will also allow the property owner and manager to operate the building more efficiently and help ensure units are more easily leased, which will benefit the surrounding businesses. B. The proposed project will not be detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity. There are no features of the project that could be detrimental to the health, safety or convenience of those residing or working the area, in that: i. Nature of proposed site, including its size and shape, and the proposed size, shape and arrangement of structures; The height and bulk of the existing building will remain the same. Approval of the project will not alter the existing appearance or character of the project vicinity. The proposed work will not affect the building envelope. ii. The accessibility and traffic patterns for persons and vehicles, the type and volume of such traffic, and the adequacy of proposed off street parking and loading; The Planning Code does not require parking or loading for a 1,886 square foot office use. The proposed office use currently exits and should not generate significant amounts of vehicular trips from the immediate neighborhood or citywide. 4

9 Draft Motion September 14, 2015 CASE NO C 290 Division Street iii. The safeguards afforded to prevent noxious or offensive emissions such as noise, glare, dust and odor; Given the nature of the Project (a minor office conversion), it would not emit any substantial amount of noxious or offensive emissions. iv. Treatment given, as appropriate, to such aspects as landscaping, screening, open spaces, parking and loading areas, service areas, lighting and signs; The proposed office does not require any additional tenant improvements, and will have no impact on landscaping, screening, open spaces, parking and loading areas, service areas, lighting or signs. C. That the use as proposed will comply with the applicable provisions of the Planning Code and will not adversely affect the General Plan. The Project complies with all relevant requirements and standards of the Planning Code and is consistent with objectives and policies of the General Plan as detailed below. D. That the use as proposed would provide development that is in conformity with the purpose of the applicable Neighborhood Commercial District. The project is not located within a Neighborhood Commercial District. 8. General Plan Compliance. The Project is, on balance, consistent with the following Objectives and Policies of the General Plan: NEIGHBORHOOD COMMERCE Objectives and Policies OBJECTIVE 1: MANAGE ECONOMIC GROWTH AND CHANGE TO ENSURE ENHANCEMENT OF THE TOTAL CITY LIVING AND WORKINIG ENVIRONMENT. Policy 1.1: Encourage development which provides substantial net benefits and minimizes undesirable consequences. Discourage development that has substantial undesirable consequences that cannot be mitigated. The proposed office space conversion will have no undesirable consequences because much of the 3 rd and 4 th floor is already office space, and Unit 405 itself is not well suited for other uses. The conversion will allow the building to continue to allow the existing tenants and/or attract new office tenants in a building well suited for such uses. 5

10 Draft Motion September 14, 2015 CASE NO C 290 Division Street OBJECTIVE 2: MAINTAIN AND ENHANCE A SOUND AND DIVERSE ECONOMIC BASE AND FISCAL STRUCTURE FOR THE CITY. Policy 2.1: Seek to retain existing commercial and industrial activity and to attract new such activity to the City. Much of the existing 3 rd and 4 th floor is already office space, and the conversion will allow the building to continue to allow the existing tenants and/or attract new office tenants to an area in the building that is not well suited for industrial uses. TRANSPORTATION Objectives and Policies OBJECTIVE 2: USE THE TRANSPORTATION SYSTEM AS A MEANS FOR GUIDING DEVELOPMENT AND IMPROVING THE ENVIRONMENT. Policy 2.1: Use rapid transit and other transportation improvements in the city and region as the catalyst for desirable development, and coordinate new facilities with public and private development. The project site is within a couple blocks of MUNI bus lines (9, 27, 33, and 47) and is near to several bicycle preferential streets (Division, Townsend, 9 th, 11 th, Potrero, and Folsom Streets). As such, it is well suited to attract office tenants without providing off street parking. 9. Showplace Square/Potrero Area Plan Compliance. The Project is, on balance, consistent with the following Objectives and Policies of the Showplace Square/Potrero Area Plan: LAND USE Objectives and Policies OBJECTIVE 1.1: ENCOURAGE THE TRANSITION OF PORTIONS OF SHOWPLACE / POTRERO TO A MORE MIXED USE AND NEIGHBORHOOD SERVING CHARACTER, WHILE PROTECTING THE CORE OF DESIGN RELATED PDR USES. Policy 1.1.1: Revise land use controls in the core design and showroom area to protect and promote PDR activities, as well as the arts, by prohibiting construction of new housing and limiting the amount of office and retail uses that can be introduced. 6

11 Draft Motion September 14, 2015 CASE NO C 290 Division Street The proposal will not displace PDR activities, as the space is currently occupied by an office use. The Conditional Use Authorization to expand the office use is limited to a maximum of 10% under this proposal; thus, limiting the amount of office permitted. OBJECTIVE 1.3: INSTITUTE FLEXIBLE LEGAL NONCONFORMING USE PROVISIONS TO ENSURE A CONTINUED MIX OF USES IN SHOWPLACE SQUARE / POTRERO. Policy 1.3.1: Continue existing legal nonconforming rules, which permit pre existing establishments to remain legally even if they no longer conform to new zoning provisions, as long as the use was legally established in the first place. Policy 1.3.3: Recognize desirable existing uses in the former industrial areas which would no longer be permitted by the new zoning, and afford them appropriate opportunities to establish a continuing legal presence. The Letter of Legitimization issued for the 18,900 square feet allowed the office use to legally remain following a building permit application to change the use to office. The Conditional Use Authorization to expand the office use is limited to a maximum of 10%; thus, limiting the amount of office permitted. 10. Planning Code Section 101.1(b) establishes eight priority planning policies and requires review of permits for consistency with said policies. On balance, the project does comply with said policies in that: A. That existing neighborhood serving retail uses be preserved and enhanced and future opportunities for resident employment in and ownership of such businesses be enhanced. The proposed project will not alter or change the ground floor retail spaces. However, providing additional legal office space in the building may increase opportunities for resident employment and business ownership. B. That existing housing and neighborhood character be conserved and protected in order to preserve the cultural and economic diversity of our neighborhoods. The project does not add or remove any residential uses, and there are no residential uses in the vicinity. The project will not change the existing building, or the operation of the building. As such, the project will not impact housing or the economic diversity of the neighborhood. C. That the Cityʹs supply of affordable housing be preserved and enhanced, No housing is added or removed for this Project. 7

12 Draft Motion September 14, 2015 CASE NO C 290 Division Street D. That commuter traffic not impede MUNI transit service or overburden our streets or neighborhood parking. The operation of the building will not significantly change. The existing building has operated without on site parking since its construction. The proposed conversion of office space will have no impact on MUNI or neighborhood parking. E. That a diverse economic base be maintained by protecting our industrial and service sectors from displacement due to commercial office development, and that future opportunities for resident employment and ownership in these sectors be enhanced. The existing building already contains 18,900 square feet of office space, and an additional 1,886 square feet was found to be eligible for Conditional Use Authorization pursuant to Planning Code Section 181(i). The 1,866 square feet proposed for conversion is not well suited for uses other than office. The conversion to office may also improve opportunities for resident employment and business ownership. F. That the City achieve the greatest possible preparedness to protect against injury and loss of life in an earthquake. The project does not include any physical alterations to the existing building. G. That landmarks and historic buildings be preserved. No alterations are proposed for the project. H. That our parks and open space and their access to sunlight and vistas be protected from development. The project will have no negative impact on existing parks and open spaces. The Project does not have an impact on open spaces. 11. The Project is consistent with and would promote the general and specific purposes of the Code provided under Section 101.1(b) in that, as designed, the Project would contribute to the character and stability of the neighborhood and would constitute a beneficial development. 12. The Commission hereby finds that approval of the Conditional Use authorization would promote the health, safety and welfare of the City. 8

13 Draft Motion September 14, 2015 CASE NO C 290 Division Street DECISION That based upon the Record, the submissions by the Applicant, the staff of the Department and other interested parties, the oral testimony presented to this Commission at the public hearings, and all other written materials submitted by all parties, the Commission hereby APPROVES Conditional Use Application No C subject to the following conditions attached hereto as EXHIBIT A in general conformance with plans on file, dated May 1, 2015, and stamped EXHIBIT B, which is incorporated herein by reference as though fully set forth. APPEAL AND EFFECTIVE DATE OF MOTION: Any aggrieved person may appeal this Conditional Use Authorization to the Board of Supervisors within thirty (30) days after the date of this Motion No. XXXXX. The effective date of this Motion shall be the date of this Motion if not appealed (After the 30 day period has expired) OR the date of the decision of the Board of Supervisors if appealed to the Board of Supervisors. For further information, please contact the Board of Supervisors at (415) , City Hall, Room 244, 1 Dr. Carlton B. Goodlett Place, San Francisco, CA Protest of Fee or Exaction: You may protest any fee or exaction subject to Government Code Section that is imposed as a condition of approval by following the procedures set forth in Government Code Section The protest must satisfy the requirements of Government Code Section 66020(a) and must be filed within 90 days of the date of the first approval or conditional approval of the development referencing the challenged fee or exaction. For purposes of Government Code Section 66020, the date of imposition of the fee shall be the date of the earliest discretionary approval by the City of the subject development. If the City has not previously given Notice of an earlier discretionary approval of the project, the Planning Commission s adoption of this Motion, Resolution, Discretionary Review Action or the Zoning Administrator s Variance Decision Letter constitutes the approval or conditional approval of the development and the City hereby gives NOTICE that the 90 day protest period under Government Code Section has begun. If the City has already given Notice that the 90 day approval period has begun for the subject development, then this document does not re commence the 90 day approval period. I hereby certify that the Planning Commission ADOPTED the foregoing Motion on September 24, Jonas P. Ionin Commission Secretary AYES: NAYS: ABSENT: ADOPTED: 9

14 Draft Motion September 14, 2015 CASE NO C 290 Division Street AUTHORIZATION EXHIBIT A This authorization is for a conditional use to allow the expansion of an existing legally non conforming office use of 18,900 square feet by an additional 1,886 square feet for a total on 20,786 square feet of office space, located at 290 Division Street, Block 3526, and Lot 016 pursuant to Planning Code Section(s) 181(i) within the PDR 1 G District and a 40 X Height and Bulk District; in general conformance with plans, dated May 1 st, 2015, and stamped EXHIBIT B included in the docket for Case No C and subject to conditions of approval reviewed and approved by the Commission on September 24 th, 2015, under Motion No XXXXXX. This authorization and the conditions contained herein run with the property and not with a particular Project Sponsor, business, or operator. RECORDATION OF CONDITIONS OF APPROVAL Prior to the issuance of the building permit or commencement of use for 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 for the subject property. This Notice shall state that the project is subject to the conditions of approval contained herein and reviewed and approved by the Planning Commission on September 24 th, 2015, under Motion No XXXXXX. PRINTING OF CONDITIONS OF APPROVAL ON PLANS The conditions of approval under the ʹExhibit Aʹ of this Planning Commission Motion No. XXXXXX shall be reproduced on the Index Sheet of construction plans submitted with the Site or Building permit application for the Project. The Index Sheet of the construction plans shall reference to the Conditional Use authorization and any subsequent amendments or modifications. SEVERABILITY The Project shall comply with all applicable City codes and requirements. 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 remaining clauses, sentences, or sections of these conditions. This decision conveys no right to construct, or to receive a building permit. Project Sponsor shall include any subsequent responsible party. CHANGES AND MODIFICATIONS Changes to the approved plans may be approved administratively by the Zoning Administrator. Significant changes and modifications of conditions shall require Planning Commission approval of a new Conditional Use authorization. 10

15 Draft Motion September 14, 2015 CASE NO C 290 Division Street Conditions of Approval, Compliance, Monitoring, and Reporting PERFORMANCE 1. Validity and Expiration. The authorization and right vested by virtue of this action is valid for three years from the effective date of the Motion. A building permit from the Department of Building Inspection to construct the project and/or commence the approved use must be issued as this Conditional Use authorization is only an approval of the proposed project and conveys no independent right to construct the project or to commence the approved use. The Planning Commission may, in a public hearing, consider the revocation of the approvals granted if a site or building permit has not been obtained within 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 diligently to completion. The Commission may also consider revoking the approvals 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. For information about compliance, contact Code Enforcement, Planning Department at , planning.org. PROVISIONS 2. Eastern Neighborhoods Infrastructure Impact Fee. Pursuant to Planning Code Section 423, the Project Sponsor shall comply with the Eastern Neighborhoods Public Benefit Fund provisions through payment of an Impact Fee pursuant to Article 4. For information about compliance, contact the Case Planner, Planning Department at , planning.org. 3. Transit Impact Development Fee. Pursuant to Planning Code Section 411, the Project Sponsor shall pay the Transit Impact Development Fee (TIDF) as required by and based on drawings submitted with the Building Permit Application. Prior to the issuance of a temporary certificate of occupancy, the Project Sponsor shall provide the Planning Director with certification that the fee has been paid. For information about compliance, contact the Case Planner, Planning Department at , planning.org. MONITORING 4. Enforcement. Violation of any of the Planning Department conditions of approval contained in this Motion or of any other provisions of Planning Code applicable to this Project shall be subject to the enforcement procedures and administrative penalties set forth under Planning Code Section 176 or Section The Planning Department may also refer the violation complaints to other city departments and agencies for appropriate enforcement action under their jurisdiction. For information about compliance, contact Code Enforcement, Planning Department at , planning.org 11

16 Draft Motion September 14, 2015 CASE NO C 290 Division Street OPERATION 5. Sidewalk Maintenance. The Project Sponsor shall maintain the main entrance to the building and all sidewalks abutting the subject property in a clean and sanitary condition in compliance with the Department of Public Works Streets and Sidewalk Maintenance Standards. For information about compliance, contact Bureau of Street Use and Mapping, Department of Public Works, ,. 6. Community Liaison. Prior to issuance of a building permit to construct the project and implement the approved use, the Project Sponsor shall appoint a community liaison officer to deal with the issues of concern to owners and occupants of nearby properties. The Project Sponsor shall provide the Zoning Administrator with written notice of the name, business address, and telephone number of the community liaison. Should the contact information change, the Zoning Administrator shall be made aware of such change. The community liaison shall report to the Zoning Administrator what issues, if any, are of concern to the community and what issues have not been resolved by the Project Sponsor. For information about compliance, contact Code Enforcement, Planning Department at , planning.org. 12

17 Parcel Map SUBJECT PROPERTY Conditional Use Hearing Case Number C 290 Division Street

18 Sanborn Map* SUBJECT PROPERTY *The Sanborn Maps in San Francisco have not been updated since 1998, and this map may not accurately reflect existing conditions. Conditional Use Hearing Case Number C 290 Division Street

19 Aerial Photo SUBJECT PROPERTY Conditional Use Hearing Case Number C 290 Division Street

20 Aerial Photo SUBJECT PROPERTY Conditional Use Hearing Case Number C 290 Division Street

21 Zoning Map Conditional Use Hearing Case Number C 290 Division Street

22 Site Photo Conditional Use Hearing Case Number C 290 Division Street

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