~~ P ~ o courryo ~r W ~2 x b ~ a O ' b3s,: , O ,5` 7 SAN FRANCISCO P LANNING DEPARTMENT L etter of Determination February 22, 2016 Fax: 4 15.558.6409 Daniel Frattin R euben, Junius &Rose O ne Bush Street, Suite 600 S an Francisco CA 94104 S ite Address: Assessor's Block/Lot: Z oning District: S taff Contact: Record No.: Dear Mr. Frattin: 875-899 Howard Street 3 733/079 C -3 -S/130 -F C laudine Asbagh, (415) 575-9165 or claudine.asba~hC~sfgov.or~ 2 015-014221ZAD 1650 Mission St. Suite 400 San Francisco, CA 94103-2479 Reception: 4 15.558.6378 Planning Information: 4 15.558.6377 T his letter is in response to your request for a Letter of Determination regarding the property l ocated at 875-899 Howard Street. This parcel is located in the C -3-S (Downtown Support) Z oning District, Youth and Family Special Use District and 130-F Height and Bulk District. The s ite is occupied by a three-story building located at the intersection of Third and Howard S treets (899 Howard), and asix-story building that fronts on Howard Street (875 Howard). Specifically, your letter requests confirmation that the Planning Commission's full allocation of 1 53,500 square feet of office space for the property is still effective. O n May 18, 2000, the Planning Commission approved Motion Nos. 15061 and 15062 to allow 1 52,300 square feet of office space, 13,400 square feet of institutional space and 92,000 square f eet of retail space at 881-899 Howard Street. The Project consolidated Burlington Coat Factory i nto the three-story building (899 Howard), created office space on the upper five stories of the s ix -story building, with an institutional use and small restaurant at the ground fl oor. O n July 8, 2004, the Zoning Administrator issued a Letter of Determination noting that the use o f the property on an interim basis by the California Academy of Sciences did not constitute abandonment of the office entitlement granted in Motion Nos. 15061 and 15062. O n February 5, 2010, Building Permit Application No. 200911050652 was issued to document t he conversion of the building from the temporary California Academy of Sciences use to office per Motion Nos. 15061 and 15062. www.sfplanning.org
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SAN FRANCISCOPLANNING DEPARTMENT
Letter of Determination
February 22, 2016
Fax:415.558.6409
Daniel FrattinReuben, Junius &RoseOne Bush Street, Suite 600San Francisco CA 94104
Site Address:Assessor's Block/Lot:Zoning District:Staff Contact:Record No.:
Dear Mr. Frattin:
875-899 Howard Street3733/079C-3-S/130-FClaudine Asbagh, (415) 575-9165 or claudine.asba~hC~sfgov.or~2015-014221ZAD
This letter is in response to your request for a Letter of Determination regarding the propertylocated at 875-899 Howard Street. This parcel is located in the C-3-S (Downtown Support)Zoning District, Youth and Family Special Use District and 130-F Height and Bulk District. Thesite is occupied by a three-story building located at the intersection of Third and HowardStreets (899 Howard), and asix-story building that fronts on Howard Street (875 Howard).Specifically, your letter requests confirmation that the Planning Commission's full allocation of153,500 square feet of office space for the property is still effective.
On May 18, 2000, the Planning Commission approved Motion Nos. 15061 and 15062 to allow152,300 square feet of office space, 13,400 square feet of institutional space and 92,000 squarefeet of retail space at 881-899 Howard Street. The Project consolidated Burlington Coat Factoryinto the three-story building (899 Howard), created office space on the upper five stories of thesix-story building, with an institutional use and small restaurant at the ground floor.
On July 8, 2004, the Zoning Administrator issued a Letter of Determination noting that the useof the property on an interim basis by the California Academy of Sciences did not constituteabandonment of the office entitlement granted in Motion Nos. 15061 and 15062.
On February 5, 2010, Building Permit Application No. 200911050652 was issued to documentthe conversion of the building from the temporary California Academy of Sciences use to officeper Motion Nos. 15061 and 15062.
www.sfplanning.org
Daniel Frattin
Reuben, Junius &Rose
One Bush Street, Suite 600
San Francisco CA 94104
February 22, 2016
Letter of Determination
875 Howard Street
On September 9, 2010, Building Permit Application No. 201006255345 was issued to convert a
portion of the building (which was authorized as office under Building Permit Application No.
200911050652) to an institutional use.
The office allocation authorized under Motion Nos. 15061 and 15062 has not been revoked by
the Planning Commission; therefore, the Planning Commission s full allocation of 153,500
square feet of office space for the property is still effective for the subject property.
Please note that a Letter of Determination is a determination regarding the classification of
uses and interpretation and applicability of the provisions of the Planning Code. This Letter
of Determination is not a permit to commence any work or change occupancy. Permits from
appropriate Departments must be secured before work is started or occupancy is changed.
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 maybe 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) 575-6880.
Sincerely,
Scott F. Sanchez
Zoning Administrator
cc: Claudine Asbagh, Planner
Daniel Frattin, Reuben, Junius, and Rose
Property Owner
Neighborhood Groups
SAN FRANCISCOPLANNING DEP4FiTMENT
REUBEN, JUNIUS &ROSE, LLP
October 21, 2015
By Messenger
Zoning Administrator Scott SanchezSan Francisco Planning Department1650 Mission Street, 4~' FloorSan Francisco, CA 94103
~ ,
Re: 875 Howard: Allocated Office Space ~~~~~0 ~~Request for Letter of DeterminationOur File No.: 6840.04
Dear Mr. Sanchez,
This office represents Howard Street Associates, LLC, an affiliate of Hudson PacificProperties (hereafter, "Hudson Pacific") the owner of the two buildings at 875-899 HowardStreet (the "Property"). We write to request a Letter of Determination confirming that thePlanning Commission's full allocation of 153,500 square feet of office space for the Propertyis still effective, under both settled California law and the city's own policies.
A. Background
As you know, in May 2000 the Planning Commission approved a request by then-owner IRP Yerba Buena Associates, LLC ("IRP Yerba Buena") for an allocation of officespace for the Property. Specifically, the project converted the upper five floors of the existingsix-story building at 875 Howard to office, for a total of 153,500 square feet (see Exhibit A).The ground floor space would have approximately 13,400 square feet of institutional spaceand a small restaurant. The entitlement's only performance condition related to the officeconversion required construction to begin within 18 months of the authorization:
Pursuant to Planning Code Section 321(d)(2), construction of an officedevelopment shall commence within 18 months of the date the project isfirst approved. Failure to begin work within that period, or thereafter tocarry the development diligently to completion, shall be grounds to revokeapproval of the office development. (Exhibit A, pg. 7)
In November 2000, the City approved IRP Yerba Buena's Building Permitapplication (09924777) for work consistent with the office conversion in 875 Howard (see
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Scott Sanchez, Zoning AdministratorSan Francisco Planning DepartmentOctober 21, 2015Page 2
Exhibit B). It also paid the School Impact Fee and the Jobs-Housing Linkage Fee inDecember of that year for all 153,500 square feet of allocated office space, a payment of over$1 million (see Exhibits C and D). Due to the early 2000s dot-com crash, the building wasnot immediately occupied by office tenants after entitlement. In 2003, the CaliforniaAcademy of Sciences temporarily occupied 875 Howard. A Zoning Administrator letter ofdetermination confirmed that the Academy of Science's use would not affect the validity ofthe underlying office entitlement (see Exhibit E).
In late 2009, a new owner of the building—an affiliate of TMG Partners ("TMG"~filed a building permit application to document the conversion of 153,500 square feet officespace and creation of 13,400 square feet of institutional space pursuant to the entitlement.The scope of work provides:
No construction work to be performed. Purpose of permit is to documentconversion of temp. museum building to 153,500 sf office space, 9,200 sfretail and 13,400 sf of institutional space as approved by PlanningCommission on May 18, 2000 under motions 15061 & 15062 with suchentitlements preserved during term of museum use as confirmed by letterdated July 8, 2004 from Zoning Administrator Larry Badiner. (see ExhibitF).
The building permit was signed off by Rick Crawford of the Planning Department onNovember 30, 2009 and issued on February 5, 2010. A certificate of final completion andoccupancy was issued on May 21, 2010 for new retail, office, and institutional space for adulteducation (see Exhibit G). Based on the associated building permit described above, it isclear that this reference to institutional space only relates to the 13,400 square feet of ground-floor institutional use approved in the 2000 entitlement. TMG paid $646,890 for the TransitImpact Development Fee and $153,500 for the Childcare Fee that IRP Yerba Buena had notpaid (see Exhibits H-I). This was payment in full for the impact fees associated with the2000 entitlement.
In June 2010, Heald College filed building permit no. 2010-0625-5345 ("HealdPermit") associated with its tenancy in the first two floors in 875 Howard (see Exhibit J.)This application notes that the present use of the building was as the temporary home for theCalifornia Academy of Sciences, and the proposed use was "office —adult school." Thenarrative description of the work to be covered under the permit states "a second generationtenant improvement within existing building including the addition of walls and doors." Thispermit was signed off by the Planning Department on July 26, 2010, with direction that plansmust be routed to Planning for review before the permit can be issued, and that no exterioralterations would be permitted. The permit was issued in September, 2010.
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te1:415-567-90DDfax:415-399-9480
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Scott Sanchez, Zoning AdministratorSan Francisco Planning DepartmentOctober 21, 2015Page 3
During its review of the Heald Permit, Planning did not indicate that performing on itwould constitute a partial abandonment of the entitlement. Nobody from the PlanningDepartment notified TMG at any time while the Heald permit was pending (or even within areasonable amount of time after it was issued) that Heald's use would jeopardize theProperty's office entitlement, or for that matter, that the Planning Department consideredHeald anon-office use in spite of the use described on the Heald Permit: "office-adulteducation." No formal revocation action took place, and the Planning Department did notrequire TMG to amend the Notice of Special Restrictions to put good-faith purchasers onnotice of any change in the underlying entitlement. Now, more than five years after the HealdPermit was issued, the Planning Department has indicated that Heald's use amounted to apartial abandonment of the 2000 office allocation.
B. The Property May Utilize all 153,500 Square Feet of Office Space
1. Hudson Pacific has a Vested Right to the Full Allocation Amount
California law is well settled that after an entitlement permit has been approved, acity's power to revoke that permit is limited. (Community Development Com. v. City of FortBrae (1988) 204 Ca1.App.3d 1124, 1131-1132) Once a permit holder has incurredsignificant expenses and acted in reliance on an entitlement, it attains a "fundamental" vestedproperty right in that permit. (Bauer v. City of San Diems (1999) 75 Cal.App.4th 1281, 1294-1295). This right runs with the land, not with individual permittees or owners. MalibuMountains Recreation, Inc. v. County of Los Angeles (1998) 67 Ca1.App.4th 359, 367-368).
Most importantly, notice and a public hearing must be provided to a permit holderbefore any aspect of the entitlement can be revoked. (Ft Brae, 204 Ca1.App.3d at 1131-1132.) Revocation of an entitlement is a "very harsh remedy" that requires "the strictestadherence to principles of due process." (Bauer, 75 Ca1.App.4th at 1295). That means, at theleast, notice and a hearing in which evidence is presented demonstrating why the entitlementshould be revoked. (Id. at 1294)
The owner of the Property has a vested legal right to use 153,500 square feet of officespace at 875 Howard, and does not need to request a new allocation for its second floor. ThePlanning Department cannot unilaterally revoke a portion of the allocated office space; thatcan only be done by the Planning Commission at a public hearing.
Since 2000, the owners of the Property have incurred significant expenses and actedin reliance on the office entitlement. Four impact fees have been paid for the change of use tooffice, as required by the entitlement conditions. Improvements were made to 875 Howard tomake it suitable for office tenants, and a 2010 building permit memorialized the full
One Bush Street, Suite 600San Francisco. CA 94104
te1:415-567-9000fax: 415-399-9480
REUBEN, JUNIUS a ROSE, ut ~ www.reubenlaw.com
Scott Sanchez, Zoning AdministratorSan Francisco Planning DepartmentOctober 21, 2015Page 4
conversion of 153,500 square feet. The Planning Department signed off on both of thesepermits. No City agency has reimbursed of refunded any owner of the Property for any of thefour impact fee payments made as part of the office conversion. In fact, the PlanningDepartment's Zoning Administrator has previously indicated that temporary use of thebuilding by a tenant that does not fit the Planning Code's technical definition of "office" doesnot affect the Property's entitlement.
2. The City's Own Code, Policies, and Precedent Confirm Hudson Pacific'sVested Rim
It appears the rationale behind staff's position that the second floor office entitlementhas been abandoned is Section 178 of the Planning Code. That section only applies toconditional uses, and provides that when a conditional use is discontinued for three years or"otherwise abandoned," that use cannot be restored without a new conditional useapplication. (Planning Code § 178(d)). The entitlement at issue here is not a conditional useauthorization, but an allocation of office space pursuant to Sections 320 to 323 of thePlanning Code. Office use is actually principally permitted at this location, so the samepolicy rationale underlying abandonment of aconditionally-permitted use does not apply.(Plan. Code Table 210.2).
Section 322 of the Planning Code is not a "use approval" per se, but a proceduralmechanism to administer the cap on office development. It does not contain any languageanalogous to Section 178's abandonment after three years of non-use for uses operatingunder a Conditional Use entitlement. It actually requires a noticed hearing before thePlanning Commission to modify or revoke office allocations. From Section 322:
(e) Modification of Project Authorization. The City Planning Commissionmay approve a modified project authorization, after a noticed hearing,during the review period in which the initial project authorization wasapproved or a subsequent review period... (Planning Code § 322(e)).
Current Planning Department and Commission policy is consistent with state lawrequiring notice and opportunity to be heard before an entitlement is revoked. This is statedquite clearly in the Planning Commission's 2013 resolution explaining its policy forperformance periods, which provides:
Expiration and Renewal. Should a Building or Site Permit be sought afterthe three (3) year period has lapsed, the project sponsor must seek arenewal of this Authorization by filing an application for an amendment tothe original Authorization or a new application for Authorization. Shouldthe project sponsor decline to so file, and decline to withdraw the permit
One Bush Street, Suite 600San Francisco, CA 94104
tel: 415-567-90~fax:415-399-9480
REUBEN,JUNIUS~ROSE,~ I www.reubenlaw.com
Scott Sanchez, Zoning AdministratorSan Francisco Planning DepartmentOctober 21, 2015Page 5
application, the Commission shall conduct a public hearing in order toconsider the revocation of the Authorization. (San Francisco PlanningCommission Resolution No. 18837, Policy for Clarified PerformanceTime Frames (April 4, 2013) (emphasis added))
This resolution concedes that "the Commission has been advised that in order to revoke orrescind an [entitlement], it must hold a hearing at which it considers the matter along withtestimony from interested parties." That direction most assuredly came from the CityAttorney's office. The need for a regularly noticed hearing is reflected in current officeentitlement motions, which contain a condition that non-use "shall be grounds" forrevocation by the Commission—not by Planning Department staff.
The Planning Commission has not scheduled, noticed, or held any meetings regardingthe status of the Property's entitlements. The motion imposing conditions on the Property'soffice allocation does not contain any provision which would automatically revoke theentitlement for non-use.
Finally, unilaterally revoking an office allocation without notice to the owner—muchless that owner's consent to the revocation appears to be without precedent. The PlanningDepartment Office Development Annual Limitation Program status document, updatedperiodically, contains a comprehensive list of the status of each office entitlement since Prop.M was passed in the late 1980s. (see Exhibit K) (the "Office Allocation Document"). Thevast majority of Projects that had their office allocation revoked voluntarily gave up thoseallocations and pursued residential projects, or simply did not perform any construction orpull permits to memorialize office use. For example, for a residential project at 55 NinthStreet, the Planning Commission's conditions of approval explicitly rendered the site's prioroffice project null and void. (see Planning Commission Motion No. 17521, 55 Ninth Street,pg. 26 (Dec. 13, 2007)). Other projects changed in size from the time the office entitlementwas approved and when their building permits proposing the office construction orconversion was issued. For example, an office allocation of 49,500 square feet was issued to3251 18th Street in May of 2002. In 2007, the owner of 3251 18 i' submitted a building permitapplication for less than 10,000 square feet of office. As part of permit review, the PlanningDepartment sent a letter confirming that because the project proposed less than 10,000 squarefeet of office, it was not subject to the office limit and its allocation would therefore berevoked.
In contrast to these projects, at least two building permits have been filedmemorializing 153,500 square feet of office use at 875 Howard, and all applicable impactfees have been paid. Notably, the Planning Department's own Office Allocation Documenthas listed the Property's allocation (for 153,500 square feet) as "complete" as of 2005,including the current one. (see Exhibit K) The Planning Department signed off on both of
One Bush Street, Suite 600San Francisco, CA 94104
te1:415-567-900Dfax:415-399-9480
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Scott Sanchez, Zoning AdministratorSan Francisco Planning DepartmentOctober 21, 2015Page 6
these permits, and did not notify IRP Yerba Buena or TMG at either time that a portion of theallocated space could be revoked for non-use, much less receive either owner's consent toreturn that allocated space. Hudson Pacific reasonably relied on the entitlements, impact feepayments, and building permit records as establishing a vested right to 153,500 square feet ofoffice use.
C. Conclusion
The owner of the Property has a vested right in using up to 153,500 square feet ofoffice in 875 Howard. This right became vested as a result of expenses incurred by thebuilding's owners since 2000 in reliance on the office entitlement, including impact feepayments made to the City and interior renovations. The Planning Department does not haveauthority to recapture any portion of that allocated office space, or to require any owner torequest a new entitlement of office space for any area covered by the 2000 office allocation.We respectfully request a Letter of Determination confirming that up to 153,500 square feetof office space is available for use at the Property.
Exhibit A - San Francisco Planning Commission Motion No. 15062, 881-899
Howard Street (May 18, 2000)
Exhibit B - San Francisco Building Permit No. 09924667, 899 Howard Street(Approved November 22, 2000)
Exhibit C - Letter enclosing $1,119,015 check from IRP Yerba Buena Associates,
LLC to Department of City Planning
Exhibit D - Letter from Lawrence Badiner, Zoning Administrator, to Joel
Yodowitz regarding 881-899 Howard Street (June 26, 2001)
Exhibit E - Letter from Lawrence Badiner, Zoning Administrator, to Joel
Yodowitz regarding 881-899 Howard Street (July 8, 2004)
Exhibit F - San Francisco Building Permit No. 2009-1105-0652, 875 Howard
Street (Approved February 5, 2010)
Exhibit G - Certificate of Final Completion and Occupancy, 875 Howard (May 21,
2010)
Exhibit H - Correspondence and check to SFMTA for payment of TIDF, 899Howard
Exhibit I - Check to San Francisco Planning Department for payment ofChildcare Fee, Apri127, 2010
Exhibit J - San Francisco Building Permit No. 2010-0625-5345, 875 HowardStreet (Approved September 10, 2010)
Exhibit K - Office Development Annual Limitation Program, Pending andApproved Project Status Document (Last updated, September 1, 2015)
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PLANNING COMMISSION
SAN FRANCISCOPLANNING COMMISSION
MOTION NO. 15062
File No. 99.5836881-899 Howard StreetAssessor=s Block 3733, Lot 79Motion No. 15062Page 1
ADOPTING FINDINGS RELATING TO THE APPROVAL BY THE PLANNING COMMISSION FORAN OFFICE DEVELOPMENT LOCATED AT 881-899 HOWARD STREET PURSUANT TOPLANNING CODE SECTIONS 321 AND 322 FOR A PROPOSED OFFICE AND RETAIL PROJECTON ASSESSOR=S BLOCK 3733, LOT 79, IN A C-3-S (DOWNTOWN SUPPORT) DISTRICT ANDA 130-F HEIGHT AND BULK DISTRICT.
RECITALS
On October 4 1999, IRP Yerba Buena Associates, LLC, a California limited liabilitycorporation ("Project Sponsor"), filed an environmental evaluation application (Case No.99.583E) for amixed-use office and retail project ("Project') at 881-899 Howard Street withthe Department of City Planning ("Department").
2. On November 24, 1999, the Project Sponsor filed Application No. 99.583X ("Application")for the Project with the Department pursuant to the provisions of the Section 309 of thePlanning Code ("Code"). The Application requested an exception to the Off-Street FreightLoading requirements under Section 161(i) of the Code.
Also on November 24, 1999, the Project Sponsor filed with the Department Application No.99.583B for Project Authorization of a C-3-S (Downtown Support) District project pursuantto the provisions of Section 321 of the Code.
4. Pursuant to the Guidelines of the State Secretary of Resources for the implementation of theCalifornia Environmental Quality Act (hereinafter "CEQA"), a Preliminary NegativeDeclaration of Environmental Review was adopted and issued by the Department on March18, 2000 (Case No. 99.583E).
5. It was determined by the Department in accordance with the provisions of CEQA, the StateGuidelines for the implementation of CEQA and Chapter 31 of the San FranciscoAdministrative Code, that the proposed Project would not cause significant impacts such
that an environmental impact report would be required, and in accordance with the aboveprovisions, a Final Negative Declaration forthe Project was adopted and issued on April 28,2000, and is part of File No. 99.583E.
6. On May 18, 2000, the Commission conducted duly noticed public hearings on ApplicationNo. 99.583X and Application No. 99.5836 for the Project.
In reviewing the Application, the Commission has had available to it for its review andconsideration studies, case reports, letters, plans, and other materials pertaining to theProject contained in the Department's case files, has reviewed and heard testimony and
PLANNING COMMISSION File No. 99.5838881-899 Howard StreetAssessor=s Block 3733, Lot 79Motion No. 15062Page 2
received materials from interested parties during the public hearings on the Project.
FINDINGS
Having reviewed all the materials identified in the recitals above, and having heard oraltestimony and arguments, this Commission finds, concludes, and determines as follows:
The above Recitals are accurate and also constitute findings of this Commission.
The Project complies with all relevant sections of the Planning Code.
3. Project Site/Present Use: The Project site is located in Assessor's Block 3733, Lot 79. Thesite is 54,123 square feet (1.24 acres) in area. The subject property is bounded by HowardStreet to the north, atwo-story retail/office building to the east, Tehama Street to the southand Fifth Street to the west. The site is developed with finro inter-connected buildings: athree-story, 95,363 gross square foot building at the corner of Howard and Fifth Streets, anda six-story, 213,380 gross square foot building fronting on Howard Street. The three-storybuilding is occupied by the Shoe Pavilion on the first floor, and by the Burlington CoatFactory on the second and third floors. The Burlington Coat Factory also uses space in thebasement for storage. The six-story building is partially occupied by the Burlington CoatFactory on the first and second floors and by Landmark Education on part of the fifth floor.The remainder of the building is vacant. Retail uses currently occupy approximately 92,000square feet of the structure, Landmark Education occupies approximately 13,400 square
feet and the mostly vacant storage use occupies approximately 59,200 square feet.
4. Nature of Project: The proposed project is known as ASOMA Square- and consists ofchanges in use and alteration of the existing building. The Project Sponsor intends toconsolidate the Burlington Coat Factory space into the three-story building. The ShoePavilion will remain in its current space on the ground floor of the three-story building. Theupper five floors of the six-story building will be used as office space for MarchFirst. Theground floor will be occupied by MarchFirst, Landmark Education and a small restaurant.The basement will be used for parking and storage. The project proposes approximately152,300 square feet of office space, 13,400 square feet of institutional space and 92,000square feet of retail space.
Modifications will be made to the interior of the six-story building including seismicupgrading, the removal of escalators and atriums, and the provision of new passenger andfreight elevators. The basement of the six-story building will contain valet parking for approximately
45 vehicles, four loading spaces for service vehicles and 12 bicycle spaces. Two loading
docks will be provided at Tehama Street. Exterior modifications include painting, windowreplacement, installation of awnings for retail spaces and a metal canopy at the entry of thesix-story building; and replacement of existing signage with new vertical signage at the
PLANNING COMMISSION
corner.
File No. 99.5836881-899 Howard StreetAssessor=s Block 3733, Lot 79Motion No. 15062Page 3
5. Section 321(b)(3) -Approval Criteria: In determining if the Project would promote the publicwelfare, convenience and necessity, the Commission has considered the seven criteriaestablished by Section 321(b)(3) of the Planning Code and the application of those criteriaunder Annual Limit Rules adopted by the Commission in November 1997 in Motion No.14497, and finds as follows:
(A) Apportionment of Office Space Over the Course of Approval Period in Order toMaintain a Balance Between Economic Growth, on the One Hand and Housing,Transportation and Public Services, on the Other.
There is currently 162,263 square feet of office space available for allocation tooffice buildings exceeding 50, 000 square feet of office space during this Approval period,
which ends October 16, 2000. If the Planning Commission approves the Project withup to 153,500 gross square feet of new office space, there would be a surplus of8, 763 square feet of office space available for allocation. On October 17, 2000 andon Ocfober 17 of each succeeding year, an additional 875, 000 square feet of officespace will become available for allocation to buildings exceeding 50, 000 square feetof office space. Therefore, the Commission finds that allocation of the square
footage will promote the public welfare, convenience and necessity.
(B) The Contribution of the Office Development to, and Its Effects on, the Objectives andPolicies of the Master Plan.
The Project contributes to advancing the objectives and policies of the General Planand has no significant conflicts with any objective or policy of the General Plan (seeFindings in this document related to project consistency with the General Plan).
(C) The Quality of the Design of the Proposed Office Development
The Project includes modifications fo upgrade the facade of the subject building toimprove its appearance. These modifications are compatible with the character ofthe subject and surrounding buildings. Modifications include the removal of glassblock windows in the six-story building and replacement with plate glass and thelowering of sill heights; installation of awnings at retail tenant entries and a new
metal canopy at the office entry; and replacement of existing signage with new verticalsignage at the corner of Howard and Fifth Streets. The Project design will createpedestrian-level interest by maintaining existing retail establishments and providinga small restaurant space. The Howard Street and Fifth Street frontages willhave pedestrian entrances appropriately scaled and integrated into the buildingdesign.
(D) Suitability of the Proposed Office Development for Its Location
PLANNING COMMISSION File No. 99.5836881-899 Howard StreetAssessor=s Block 3733, Lot 79Motion No. 15062Page 4
The Project is located in the C-3-S (Downtown Support) District and the 130-F Heightand Bulk District. The C-3-S district accommodates near the intensive downtown
core areas important supporting functions such as wholesaling, printing, building services,secondary office space and parking. It also contains unique housing resources.Motor vehicle access from freeway ramps fo this district is good, and truck andautomobile traffic is heavy; at the same time, the district is within walking distanceof rapid transit on Market Street. In its eastern portion, the district also serves in partas an expansion area for offices, at a lesser intensity than in the Downtown OfficeDistrict. The district has for the most part been underdeveloped in fhe past, andopportunities exist for major developments of new uses covering substantial areas.
The project site is an appropriate location for amixed-use office and retail buildingbecause of ifs close proximity to other office buildings, Moscone Convention Center,hotels, retail uses, and the Yerba Buena Center.
The Negative Declaration for the Project indicates that the Project is well-served bypublic transportation. The Project area is served by 22 MUNI bus lines within twoblocks of the proposed project, as well as the MUNI Metro lines that run under
Market Street. The site is also two blocks from the Powell Street BART station.
Access to freight loading docks and the parking garage would be on Tehama Street.The project would have no significant impacfs on transit, traffic, pedestrianmovements or freight loading.
(E) The Anticipated Uses Of the Proposed Office Development, In Light of EmploymentOpportunities to be Provided, Needs of Existing Businesses, and the AvailableSupply of Space Suitable for Such Anticipated Uses
Based on the square footage of the Project, it is estimated That 760 new jobs wouldbe provided by the Project, in addition to the 130 currently at the site.
Due to the current shortage of office space available in San Francisco, many existingSan Francisco businesses are relocating to other Bay Area markets to satisfy theirspace needs. Because the Project would expand the supply of office space, theProject would substantially contribute to slowing the out-migration of jobs and wouldhelp maintain San Francisco resident employment.
(F) The Extent to Which the Proposed Development Will be Owned and Occupied Bya Single Entity
The Project is owned by IRP Yerba Buena Associates, LLC, who intends to leasethe new office space on a long-term basis to a single entity, MarchFirst. Refailspace will be leased to tenants who already occupy fhe building, in addition to a new
PLANNING COMMISSION File No. 99.583B881-899 Howard StreetAssessor=s Block 3733, Lot 79Motion No. 15062Page 5
tenant occupying the cafe space.
(G) The Use, if Any, of TDR by the Project Sponsor
The Project does not require fhe use of any TDR~.
6. Consistency with the General Plan: Finding 15 of Motion No. 15061 (for Application No.99.583X) is adopted and incorporated herein by reference.
7. Consistency with Section 101.1 of the Planning Code: Finding 16 of Motion No. 15061 (forApplication No. 99.583X) is adopted and incorporated herein by reference.
8. Mitigation Measures: In issuing the Negative Declaration for the Project, the PlanningDepartment determined that the Project could not have a significant effect on theenvironment. However, mitigation measures were identified that would reduce or eliminatepotential significant environmental impacts. These measures are described in the FinalNegative Declaration and are incorporated herein by this reference. The Project Sponsorhas agreed to implement and comply with these mitigation measures.
9. The following benefits, among others, are generated by the Project.
(A) The addition of approximately 153,500 gsf of new office space in a well designed andlocated space, to meet the needs of existing and new businesses and preserve andcreate jobs for San Francisco residents.
(B) The improvement of an underutilized building within the South of Market area,without the displacement of any existing tenants.
(C) Achievement of numerous objectives and policies of the General Plan relating toopen space, moving about within the downtown, commerce, urban design andpreservation of the past.
(D) Net addition of approximately 760 jobs on site.
(E) The Project will provide approximately $307,000 to the Downtown Park SpecialFund, $1,082,175 to the City's affordable housing fund and $153,500 to the City'saffordable child-care fund. The Project would also make employment, transportation andchild- care brokerage services available to tenants of the building.
10. Each and every finding contained in Motion No. 15061 granting approval of the exceptionsto Code requirements pursuant to Section 309, as requested in Application No. 99.583X, isincorporated by reference as though fully set forth herein.
11. The Commission finds that granting of Project Authorization for the Project will in particular
PLANNING COMMISSION File No. 99.5836881-899 Howard StreetAssessor=s Block 3733, Lot 79Motion No. 15062Page 6
promote the public welfare, convenience and necessity for reasons set forth above.
DECISION
The Commission, after carefully balancing the competing public and private interests, and basedupon the Recitals and Findings set forth above, in accordance with the standards specified in theCode, hereby approves the Project Authorization for 153,500 square feet of office space in an officeand retail development at 881-899 Howard Street, subject to the conditions of approval attachedhereto as Exhibit A, which is incorporated herein by this reference.
hereby certify that the foregoing Motion was ADOPTED by the City Planning Commission on May18, 2000.
PLANNING COMMISSION File No. 99.5838881-899 Howard StreetAssessor=s Block 3733, Lot 79Motion No. 15062Page 7
EXHIBIT ACONDITIONS OF APPROVAL
Wherever "Project Sponsor" is used in the following conditions, the conditions shall also bind anysuccessor to the Projector other persons having an interest in the Projector underlying property.
This approval is pursuant to Sections 321 and 322 (Office Development) for the consolidation ofapproximately 92,000 square feet of existing retail and 13,400 square feet of institutional space,and for alterations to the existing building, including the conversion of 153,500 gross square feet ofspace to office use, in general conformance with the plans dated March 27, 2000 and stampedAExhibit B-.
GENERAL CONDITIONS
(A) Mitigation Measures: The Project shall be subject to, and the Project Sponsorshall implement, the Mitigation Measures outlined in the Final Negative Declarationdated April 28, 2000.
(B) Community Liaison: The Project Sponsor shall appoint a community liaison officerto deal with issues of concern to the owners and occupants of nearby properties atall times during Project construction. Prior to the commencement of Project
construction, the Project Sponsor shall give the Zoning Administrator and the ownersof properties within 300 feet of the Project site boundaries written notice of the name,business address and telephone number of the community liaison.
(C) Reporting: The Project Sponsor shall submit to the Zoning Administrator finro copiesof a written report describing the status of compliance with the conditions of approvalcontained within this Motion every six months from the date ofthis approval throughthe issuance of the first temporary certificate of occupancy. Thereafter, the submittalof the report shall be on an annual basis. This requirement shall lapse when the
Zoning Administrator determines that all the conditions of approval have beensatisfied or that the report is no longer required for other reasons.
(D) Performance: This authorization may be extended at the discretion of the ZoningAdministrator only where the failure to issue a permit by the bureau of the
Department of Building Inspection to construct the proposed building is caused bya delay by a City, state or federal agency or by any appeal of the issuance of sucha permits(s). Pursuant to Planning Code Section 321(d)(2), construction of an officedevelopment shall commence within 18 months of the date the project is firstapproved. Failure to begin work within that period, or thereafter to carry thedevelopment diligently to completion, shall be grounds to revoke approval of theoffice development.
(E) Pursuant to Planning Code Section 219, the proposed ground floor office space must
PLANNING COMMISSION File No. 99.583B881-899 Howard StreetAssessor=s Block 3733, Lot 79Motion No. 15062Page 8
offer on-site services to the general public. If on-site services are not provided to thegeneral public, Conditional Use will be required for the office space on the groundfloor, pursuant to Planning Code Section 219(d).
2. CONDITIONS TO BE MET PRIOR TO THE ISSUANCE OF A BUILDING (OR SITE)PERMIT OR FINAL ADDENDUM TO A BUILDING (OR SITE) PERMIT
(A) Housing Fee: The Project Sponsor shall pay to the Controller the OAHP Program feeor substitute approved housing credits, under Planning Code Section 313. The netaddition of gross floor area of office use subject to this requirement shall bedetermined based on drawings submitted with the Building Permit Application.
(B) First Source Hiring Program: The Project Sponsor shall have a First Source HiringConstruction Program approved by the First Source Hiring Administrator, andevidenced in writing.
(C) Recordation: Prior to the issuance of any new or amended building permit for theconstruction of the Project, the Zoning Administrator shall approve and order therecordation of a notice in the Official Records of the Recorder of the City and Countyof San Francisco, which notice shall state that construction of the Project has beenauthorized by and is subject to the conditions of this Motion. From time to time afterthe recordation of such notice, at the request of the Project Sponsor or the successorthereto, the Zoning Administrator shall affirm in writing the extent to which theconditions of this Motion have been satisfied.
3. CONDITIONS TO BE MET PRIOR TO THE ISSUANCE OF TEMPORARY ORPERMANENT CERTIFICATION OF OCCUPANCY
(A) First Source Hiring Program: The Project Sponsor shall have a First Source HiringOccupancy Program approved by the First Source Hiring Administrator, and
evidenced in writing.
(B) Child Care Brokerage Services and Fee:(1) The Project Sponsor shall execute an agreement with the PlanningDepartment and the Mayor=s Office of Community Development for theprovision of child care brokerage services and preparation of a child care planto be approved by the Director of Planning. The child care plan and child carebrokerage services shall be designed to meet the goals and objectives setforth in Planning Code Section 165.
(2) The Project Sponsor shall pay the in-lieu child care fee as required underPlanning Code Section 314. Alternatively, the Project Sponsor may elect toprovide child care services as provided in Section 314. The net addition ofgross floor area of office use subject to this requirement shall be determined
PLANNING COMMISSION File No. 99.5836881-899 Howard StreetAssessor=s Block 3733, Lot 79Motion No. 15062Page 9
based on drawings submitted with the Building Permit Application.
(3) The Planning Commission recommends that the Planning Director prioritizethe in-lieu child care fee as required under Planning Code Section 314 for thecosts of the relocation of the South of Market Childcare Center, now locatedat Clementina and Gallagher Streets, to a new location at Eighth and HowardStreets.
(C) Transportation:(1) The Project Sponsor shall execute an agreement with the Department for the
provision of on-site transportation brokerage services and the preparationand implementation of a transportation management program ("TMP") to be
approved by the Director in compliance with the requirements of PlanningCode Section 163. The TMP shall include, but not be limited to, features suchas:
(a) A marketing program for commute alternatives with enough varietyto appeal to differing needs of employees of different firms in thebuilding, including features such as employee information packets;regular distribution throughout the project buildings of information ontransportation system changes, such as new or changed transitoutes; and regular distribution of information promoting use of publictransit, ridesharing and flextime.
(b) As part of the marketing program for commute alternatives, theProject Sponsor shall provide information to all of its tenantsregarding, and actively encourage employers within the Project eitherto allow their employees to set aside pre-tax funds for transit expensesunder Section 125 of the Internal Revenue Code, or to provide their
employees subsidized transit passes and transit debit cards.
(c) Aproject-specific numerical goal for reducing commute travel bysingle occupancy vehicles. This numerical goal shall be set at a levelwhich acknowledges the project's proximity to substantial transitservices.
(d) A parking rate structure which is consistent with San FranciscoPlanning Code Section 155(g) and other permit approval and
Planning Code requirements, and also provides a financial disincentivefor vehicles to exit the garage during the p.m. peak period ofcongestion (4:30 to 6:30).
(e) Specification of the number of spaces to be designed and designatedfor handicapped persons, bicycles, motorcycles, ride-sharing and
PLANNING COMMISSION File No. 99.5838881-899 Howard StreetAssessor=s Block 3733, Lot 79Motion No. 15062Page 10
short-term parking in accordance with the requirements of thePlanning Code.
In reviewing and approving the TMP, the Director of the Departmentmay modify the foregoing provisions based on information andanalyses generated during preparation of the TMP so as to carry outthe purposes of Planning Code Section 163 without imposingunnecessary burdens on the Project Sponsor.
(2) Prior to issuance of a Fire Department Permit for the garage, the ProjectSponsor shall submit to the Planning Department, for its review and approval,a parking management plan, documentation parking layout and operatingmethods and practices for all spaces including freight loading and service
vehicles, and pricing strategies in compliance with Planning CodeSection 155(g). There shall be effective mechanisms to insure thatfreight loading and service vehicle space will be available as needed and not usedfor parking.
(3) All vehicular driveways shall include warning devices (lighted signs andnoise-emitting devices) to alert pedestrians to vehicles exiting the structureonto Tehama Street. Evidence of installation of warning devices shall besubmitted to MEA prior to building occupancy.
(D) Local Employment Program: The Project Sponsor shall prepare a local employmentprogram for approval by the Director. The local employment program shall bedesigned to meet the goals, requirements and objectives set forth in Planning CodeSection 164 and shall conform to any guidelines adopted by the Commission. TheProject Sponsor agrees to actively promote to its tenants and its prospectivetenants the use of its local employment program and the employment of SanFrancisco residents. The Project Sponsor has also agreed to request its officetenants to work with the South of Market Employment Center in order to developemployment and training program opportunities within the SOMA Square project.
3. CONDITIONS TO BE MET FOLLOWING TO THE ISSUANCE OF TEMPORARY ORPERMANENT CERTIFICATION OF OCCUPANCY
(A) EmerQencv Preparedness Plan: An evacuation and emergency response plan shallbe developed by the Project Sponsor or building management staff, in consultationwith the Mayor's Office of Emergency Services, to ensure coordination between theCity's emergency planning activities and the Project's plan and to provide for buildingoccupants in the event of an emergency. The Project's plan shall be reviewed by
the Office of Emergency Services and implemented by the buildingmanagement insofar as feasible before issuance of the final certificate of occupancyby the Department of Public Works. A copy of the transmittal and the plan submitted
PLANNING COMMISSION File No. 99.5836881-899 Howard StreetAssessor=s Block 3733, Lot 79Motion No. 15062Page 11
to the Office of Emergency Services shall be submitted to the MEA. To expedite theimplementation of the City's Emergency Response Plan, the Project Sponsor shallpost information (with locations noted on the final plans) for building occupantsconcerning actions to take in the event of a disaster.
(B) RecvclinQ: The Project shall provide containers to collect and store recyclable solidwaste and the Project Sponsor shall contract for recycling pickup.
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Department of City PlanningCity and County of San FranciscoAttention: Isolde Wilson1660 Mission Street, Suite 50San Francisco, CA 94103-2414
Partial Payment of Development Impact Fee for 881-899 Howard StreetCase #: 99.583BX
Dear Mrs. Wilson:
Pursuant to (i) Motion No. 15061-§2C of Exhibit A (page 14); Motion No. 15062 - §2A of Exhibit A(page 8) and (ii) Cal. Educ. Code §17620(b) and Cal. Gov. Code §65995(b)(3), and on behalf of IRPYerba Buena Associates, LLC, I attach a check in the amount of $1,119,015.00 in payment of theaffordable Housing Production Program Fee ($1,082,175.00) and the School Impact Fee ($36,840.00).
Cordi~lly,
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Director of Finance, Fidelity Partners, Inc.Managing Member of IltP Yerba Buena Associates, LLC
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558 CaMMERCIAL STREET WELLS FARGO BANKSAN FRANCISCO, CA 94111 11-0288-1210
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8$1.899 Howard StreetBlock 3733, Lot 079; C-3-S (Downtown Support) District
Dear Mr. Yodowitz,
In response to your May 1, 2001 correspondence, this letter confirms compliance of theoffice development project at 899 Howard Street with housing fee requirement ofCondition 3(C) of Motion No. 75p61. The requirements of Pl~nrling Code S~c;YiOn 313were satisfied with the Deoemk~er 2000 payrn~nt by IFCP Yerba Buena Associates to theCity's affordable housing fund of $1,082,175.00 ($7.Q5 per square foot of additions!office space}.
If you have any questions or need further clarfication, please contact lsolde Wilson ofmy stiff at (4t5) 55&6602.
Sincerely,
~~"~..Lawrence B. BadinerZoning Administrator
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PLANNING DEPARTMENTCity and County of San Francisco • 1660 Mission Street, Suite 500 ~ San Francisco, California ~ 94103-2414
MAIN NUMBER DIRECTOR'S OFFICE ZONING ADMINISTRATOR PLANNING INFORMATION COMMISSION CALENDAR
Joel YodowitzReuben &Junius LLP235 Pine Street, Suite 1600San Francisco, CA 94104
RE: Zoning Administrator DeterminationOffice Entitlement875-899 Howard StreetAssessor's Block 3733, Lot 079C-3-S (Downtown Support) District
Dear Mr. Yodowitz:
am writing in response to your letter dated June 8, 2004, in which you requested a determination thatthe interim use of the subject property by the California Academy of Sciences ("Academy") does notconstitute an abandonment of the property's approved office entitlement.
On May 18, 2000, the Planning Commission approved a proposal to establish approximately 153,500square feet of office space on the subject property (Motions No. 15061 and 15062). Due to changes inthe economy, the prospective office tenant backed out of the lease. In an attempt to mitigate theirfinancial losses, the property owner began searching for interim tenants to occupy the building until theoffice market recovered. An agreement to provide a temporary home for the Academy was reached in2003, and ashort-term, four-year lease was signed.
The Academy was always intended to be a temporary use at this location. The permanent home for theAcademy is currently under construction in Golden Gate Park. Upon the completion of that facilitysometime in 2007, the Academy will vacate the subject building and return to Golden Gate Park.
For these reasons, it is my determination that the use of the subject property on an interim basis by theAcademy does not constitute an abandonment of the office entitlement granted in Motions No. 15061 and15062.
If you have substantial reason to believe that there was an error in the interpretation of the PlanningCode, or abuse of discretion on the part of the Zoning Administrator, you may file an appeal within fifteen(15) days of the date of this letter. For further information, please contact the Board of Appeals in personat 1660 Mission Street, Room 3036 or call (415) 575-6880.
If you have any questions regarding this matter, please contact Michael Li at (415) 558-6396.
Sincerely,
Lawrence B. BadinerZoning Administrator
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wwl qse~ uHe se not fne fie m diew~n' r«~d dew ga~Iro~.M~p w~nct p~W Ynp, arause IRe bpN1s wroi mnpM~ AWIM d rw~Xnp wYa end wM bnNpe ~agWred miss) Oe ~ n.r~ a15im unAr a~~H al pM}ry aw d h ~olbxAnO O~dmtlm~:l~AmMIW b rll~ dMYlm~ti for e00iOvd. ~ ) i. 1 hM MO w~l nelnWn ~ CMMuh of WrMM to CW~kwk~ IR wolMMf Nn7~~~Mof1. i!ANY STPUUTgN PEp1tl~Ep HEREIN Oq 6I CODE /RAY BE MVEAIED. W~ b! Senlm 3700 d ~e lsEa CaAe. kr tlr pMoims~ca tla woR Iv w~kr Mb
9UM1Dw0 NOt TO BE OCClJP1ED UNTIL CERIFlG4TE OF FW~L CAMPLETgN IS P057EU,~/ P~1 b 4artl.
ON THE BILlDINO OR PEXMR OF~OCCUPANLY GRNlTED. WHBi nE0l1RED. ~ IM li. ~ Me ara Hi mdnt~ ~onsis eunWmepon:rm~, u rpw~a q 5enim ~~oo of the'\
~PPRUTAL OF TM9 RPYL~TION DOES NQf WN$71TUSE ISM NPPN01'Al FOH TXE ELECTRICALl~or Cove, loi Ih. p~rlonnun of the work to .eNr/~ tlds D~~ k i M~~ oYcmrgw~uhlon Ind ~
WIRMO Qli PLUA1BNO N57~t1pilONS. A9EPARAIE PERMfYFOR TI1EMNaM3 Mn PLWBHG /f' `~ vMUST BE 0lTAINED. SEiAR11TE PERMR6 AlE IEOUNED IF AN8WE111!'YES'7L7 ANY OF
'poi~~~~
- —ABOK OUEfr7gNS Its 1~~1 nZl f1~1 ICI Oii f2q. Policy NwnDeriN18 ~ NOT A BW LOMQ PE11MR- ND WORK S`MLl BE S~MTED UIRIL ~ BIkIDIN~ vEgMR IS ( ~ p~, Tin ~yw p~ M~ wqM ED Eo ODn~ it 6100 or Mme.ISSUED.
~ ~ N. I arify 1he~ N Ih~ grlamiura M IM waF br wAlel~ IMF prml ~ YweE, I Mrll nal emplqIn O~ww,pe all fnWul mnen~b miwt 1ww ~ d~v~nc~ d nan Ihan Mo Hen hom ~M~1 ~G yyyyyy ///
•' ~ M~ a ~OWP~p. ~~~.f ~ liuW pw.w~ M ury mrwr w w ~o wmrtn wgad m narorYsie' mmp.rn~bn liwe dCdR~11L 1 Mlirler ~ugMl~~ NM I undYM~M LMT In 111 1A~11 ihl11 atlWp pppp~pe/~
CNEGIf APPNOP~TE EOII ~f,l Y /7,V~ j ~ ~d ~ubJ~a m M vwbl oortgnr~w~ W oW1on M to lsba Cody d GMom~ Intl 1W to~~
❑OWNER O ARCFATECT •r ompy bN~llh wll~ IM Owe al S~aelwi ]~00 0l M laGor CoOe. MI1M pwnNl(~11~/
an1E68EE ❑ ALiFN7 'J~
y COMP~CTOP 0 ENGIWEER ~y/y/ ~~i ~~•• ••~
haeF e00ME la eM1 M tl~ertetl motaE.
( 1 V. 1 cwMy u tlr awar (er tlr p~nl for Me axwr) Mn n too p~rprmyip~ d M +roA W~ ~ MNG~ NY Ord Y IeewE. I rR a mntr~cta wMw~Wc/ mTPfe~MAtn~~:apn'
APPLICANTS CERTIFICATION ~~.~.a wow,o.anaamsmm~~.~ea.~y,~~k.,ww.~ ~sr cmnFr u~o ~n~ n~~r ~ ~ aEwnrt ~s ~ssuen ray n+E corarn~nouOE6CAIBED IN TMIB APp~~T10N.gLL TT~PROVgqNB OF TXE AEFC.N7 ANO ALL UWB
~ omr mb ~ wxn n. c.~rr i em~.r „~///~ air q///~~~/ / ~D~~//v/
MD pROMANCES THERETO NnLL BE COMPLIEfl WTI, ~ r — ~ ~
oowui 4~v, iaz~ sq~.wnd~opicvnP'~BC~ ~ /.~ ~ om 'rORIGINAL
~J/11 I FIii11'IC1J~"~>
~ i ~ ~~~ ~ ~
D ~ ~/ REFERr ./ ro:
~ ~J11JJi 1G li I~Yc_ ___ _ __. ~~
CONDITIONS AND S7IPULA710NS
to eche~cie ~ ~ . •.' .. - ~ . ~ DATE:~ ~~~ v BY ~~ REASON:,a~~~p„ ~ RONA~ K..TONi, D81 ~ • ,
y ~'~P~ ror+, Dear, ov e~m. msP. NOTtFlED MR.
ROVED: P"°Z II/S CI J~ ~~N s ~ •~
Goo 1 ! DATE: K ~ G
O~ 1 ~ ! 6 oC Z RF~Sot~:
REVIE4NED BY FIRE FM OF uHNi~ TIFlED MR.
APPH(~~D'
pEP71NSP ~nTe:
NOT RE ~CtIONg .lohn Darmanln, SFF~ REASON'~ Quip~n
LL ~UILDlNG PER~l11TS REQUIRE _~~i~ ;, 7 ~n~~,UILDING INSPECTOR•SI~N-OFD..eur~u of Flt ' ~ a+ a rueuc sr~ery N017F1ED MR. i
APPROVED: DATE:
REASON: ~
BY 8~JAMES zygN. bBi '~5 ZNAN~ DBE
JAN 2 2 ~pf0 ~ ~ 13: 2~9- MECWWICALENOINEER,~DEPTOFBLDGI.~N9P£Cf10N NOTIFlEDMR.
APPiiOVED: - DATE:
REASON:
cm~ e .:oEvr. of 91.E a~ePecnoN . - NOT1FiED MR. .
APPROVE . DATE:
. REASON:
eu~u of ~e~iNo NOTIFlED MR.
APPRO D: DATE:
REASON:
DEPARTMENT OF PUBLIC HEALTH NOTIFIED MR.a oven: one:
a~rount Aue. DBI wiA oohed 50 6 a rrrw. of thehm 1 ~ d amount befoiB fhe Sib9 PeimN N leNied. !dry ee
w~ bs tilled stld coAae~ed bar BFPU~ dyep{y.
rau6wo 1Ns~C'noN a~+rtsiow NOTIFIED h~i.
rpr m comply ~Ilh eR oondlons a atlpuYelom d wAous o' ~ ~ BPP n, ane el~cnedslet~me~ d aa~AMons a el Wlallab, whld~ an rtiede a ps oT mb
i'~ }
~ ~.~ 4Number d ~Redima~
Eil'S AUMOfl17ED AOB~IT
nO
~,1i1 F{if1rICI~CU
I~., ~'
n c~i.rTr~-~ri.~i r;r-J11UJi 1~~ li I~Ycr..fJUr l
~~o COV"ryo City and County of San Francisco
w~ ~ Z Department of Building Inspectionr ~°>~s o s~' CERTIFICATE OF FINAL COMPLETION AND OCCUPANCY
LOCATION 8 7 S= ,~~,..-,-, ~ S~ 3? 33 X 0 7 5(number) (street) (block and lot)
Permit Appl~catron No 20 D /~!/o~~ b S~— Type of Constrocbon ~- FR Stones ~ DweWng U~uts
Basements ~ Occupancy Classification S~°1 M No oP Guestrooms — with coolung facilities
Descr~phon of Construction, ~n ~ ~ w. ~Y~ G o h v or s ~ ~ e~ % c.r- c... ~l' ~ c..D n ►bv c c~ ~-~.
~~ c.. vt.. v.. ~ H c ~tn..~. i C S i t1 /Uen~/ y't- ~~. ~ e G~ c s~ _ o+.., of r ~- .e T r ! ,i T~ u~..~ G e~✓ / ~ t~r.~~' G c C/—t r.~
To the beat of our knowledge the construction descnbed above has been cmnpl~ted and, effective ac of the date fhe bualdme perrtut apphcadon wes £pled, con[orms bothto the Ordinances of the Ltity and County of San Francisco and to the Laws o[ the State of Caldornia The above referenced oavpancy cless~fics~on is approved pursuantto Section 109 of the Son Francisco Buildrng Code
Any change ~n the use or occupancy d these premises or any ehange W the bwldmg or premises could cause the property to be m Holahan of the Mun~crpa! Codes of theCity and County of San Franc►sco end thereby would mvaLdate this Cemfrcore of Fuw1 Comple[ron cnd Occupwicy A eopy of this Ces~ente shall be mamta~ned oo thepremises and ahaQ be available et all times Another copy of this Cerkfuaee should be kept with gour unportant property documents
Before making any changes to the strnctare m the future, please contact fhe Department of Bmldmg Inspection, which will provide adnce regarding any change that youwish to make and will assist you m ma~ng the change m accordance with the Mun~crpal Coda o[ the City end Coanly of San Frannsco
Approved ~~~ ~ 20~~ Bureau of Fire Prevention 'Phis certificate issued on ~~ a ~ 2aG~
by ~ A~? /L~ ~.~, ~w~~(S~gnature) (Printed Name) ISAM S , P , C B O ,Director of Bmldmg Inspect►on
Approved
by
200— Department of Publu Health
(S~~uature) (Pnnted Name)
by ~ s l ~^'~ , Bmldmg Inspector
by ,Housing Inspector(S~gnatures) (Prated Names)
Copes White (on@eal to otero~m) Hlue (W Propa'ty owner) Ydlmr (ta Bmldm; lnspeeNrl Pink (to tlamnQ le~eCtor)lOOJ N ]i (ll fA0)
Ken Dupee
From: De Los Reyes, Jay [[email protected]]Sent: Friday, May 14, 2010 11:01 AMTo: O'Riordan, PatricEc GCc: Ken DupeeSubject: Permit Application No. 200911050652 - 875 Howard, Block 3733/Lot 079
Hi Pat,
The Project SponsoNOwner has paid the TlDF on the subject project. SFMTA releases i#s hold on the projects temporarycertificate of occupancy, if any, and on its certificate of final completion and occupancy.
Please call me if you have any questions.
Regards,Jay de los ReyesTIDF AdministratorSFMTA Finance and IT -Real Estate1 S. Van Ness Avenue8th Floor, Room 8168Tel. 415.701.5418Fax. 415.701.4341E-mail: jay.delosreyesCa~sfmta.com
----Original Message----From: Patrick G O'Riordan [mailto:Patrick.0'[email protected]]Sent: Tuesday, March 30, 2010 10:30 AMTo: De Los Reyes, JaySubject: Re: Permit Application No. 200911050652 - 875 Howard, Block 3733/Lot 079
Hi Jay,
Yes its one of mine.It is in District 3 and the Building Inspector is Jerry Sullivan 558 6059.
Regards,
Patrick O'RiordanSenior Building InspectorDepartment of Building Inspection9660 Mission StreetSan Francisco, CA 94103(415) 558 6105
Ken Dupee
From: De Los Reyes, Jay [[email protected]]Sent: Friday, May 74, 2010 10:55 AMTo: Ken DupeeSubject: RE: 875 Howard Street
Ken,
Thank you ii~r delivering a check in the amount of $646,$90 as payment for the Transit Impact Development
Fee ('1'1DF) for the subject project. I will inform the Department of Building Inspection (DBI) that SFMTA
releases its hold an the certificate of final completion and accupaney for the project.
It was also good to meet and talk to you in person.
Sincerely,Jay de los ReyesTIDF Administrator
SFMTA Finance and IT -Real Estate
1 S. Van Ness Avenue
8th Floor, Room 8168
Tel. 415.701.5418
Fax. 415.701.4341
E-mail: jay.delosreves _,sfinta.com
From: Ken Dupee [mailto:[email protected]]Sent: Thursday, April 29, 2010 5:03 PMTo: De Los Reyes, laySubject: RE: 875 Howard Street
Jay,
To confirm our conversation earlier this afternoon, Howard Street Associates, LLC, fhe current owners of 875-$99 HowardStreet, have agreed to abide by the Notice of Final Determination issued by SF Muni on June 6, 2001, copy attached.expect to pay the $646,890 Transit Impact Development Fee in the next several weeks, and will make arrangements withyou for delivery of the check once it has been prepared.
Thanks for your assistance determining the proper calculation of the TIDF
Yours truly,
'~:C~i
From: De Los Reyes, Jay [mailto:[email protected]]Sent: Wednesday, April 28, 2010 5:09 PMTo: Ken DupeeSubject: RE: 875 Howard Street
Ken,
It was nice talking to you, too. Yes, let's discuss the next steps after I review.
BeSt~
Jay de los ReyesTIDF Administrator
SFMTA Finance and IT -Real Estate
1 S. Van Ness Avenue
8th Floor, Room 8168
Tel. 415.701.5418
Fax. 415.701.4341
E-mail: jay.delosreves _,sfinta.com
From: Ken Dupee [mailto:[email protected]]Sent: Wednesday, April Z8, 2010 4:16 PMTo: De Los Reyes, JaySubject: 875 Howard Street
Jay,
It was a pleasure speaking with you this afternoon. As we discussed, I attempted to calculate the TIDF fee on theattached spreadsheet previously provided. Lets discuss next steps after you have had a chance to review.
Thanks,
Ken
Ken Dupeekd u pee @tmgpartners, comTMG Partners100 Bush Street, 26th Floor I San Frandsco, CP, 94104Tel: 415-772-5900 1 Fax: 415772-5911
Direct: 415-400-2469www.tm4partners.com
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tiotvur[1 J7reet ASSoctates, LLC. SAtvo~:i s . F. Municipal xailway~TE INVOICE NO DESCRIPTION INVOICE AMOUNT
6-06-01 09926696 899 Howard S-c. Blck 3733 696890.00
I DATE 5-13-10 I NUMBER 1616 I TOTAI.> 696890.00 I
PLEASE DETACH AND RETAIN FOR YOUR RECpRDS
a~4y~ ~~"r {~ti :j~i,a+~.~ft•(w:'Cei :iC~~~~iu~e t-*: THE FACE OF THIS DOCUMENT HA3 A COLORED BACKGROUND ON WHITE PAPER ~~
Howard Street Associates, LLC Comerica Bank of Cafi(omia
4 100 Bush Street, 26th Floor ~ W` ~~ S~~San lose, CA 9:ft 13
San Francisco, C.4 94104(41 S) 771-5900
DATE CHECK NO.
~ May 13, 2410 1616
~ Pay:Six hundred forty-six thousand eight hundred ninety dollars and no cents n
.. VOID IF NOTQ~f
90-37521211
AMOUNT
$***"646,890.00
S.F. Municipal Railwayf T~ . ~E 875 Stevenson St. #26U~ or~R o~
San Francisco, CA 94102S
~Im~f:.Op+t~}N)pa~ajM~fY:~*7~llfp~1 THE BACK OF THIS DOCUMENT COM'AINS AN ARTIFICIAL WATERMARK—HOLD AT ANOL O VIEW ~++~C~(I~X1~.D(}~,YW++++~(«~'i.9~:Xkiy~:
ii'00000 L6 ~6~~' ~: L 2 L L37 5 2 2~: L894088 i84~+'
i
Page 1 of 1
Ken Dupee__ _ _ __
From: Ken Dupee
Sent: Thursday, April 29, 2010 5'03 PM
To: 'De Los Reyes, Jay'
Subject: RE: 875 Howard Street
Attachments: TIDF Final Determination.PDF
Jay,
To confirm our conversation earlier this afternoon, Howard Street Associates, LLC, the current owners of875-899 Howard Street, have agreed to abide by the Notice of Final Determination issued by SF Muni onJune 6, 200'i, copy attached. I expect to pay the $646,890 Transit Impact Development Fee in the next -severalweeks, and will make arrangements with you for delivery of the check once it has been prepared.
Thanks for your assistance determining the proper calculation of the TIDF.
Yours truly,
Ken
From: De Los Reyes, Jay [mailto:[email protected]]Sent: Wednesday, April 28, 2010 5:09 PMTo: Ken DupeeSubject: RE: 875 Howard Street
Ken,
It was nice talking to you, too. Yes, let's discuss the next steps after I review.
~e5t~
day d~ cos R~y~sT1D~ Administrator
S~MTA ~~~iance and IT-Real Estate
~ S~ Van (~ess Avenue$t~ ~~oor, Room 81 (i8
Tel. 4t 5.7ot.541 s
~ax. ~ 1 ~.~'O 1 .4341
~,-maid: jay.de~osreyes@s~mta.com
From: Ken Dupee [mailto:[email protected]]Sent: Wednesday, April Z8, 2010 4:16 PMTo: De Los Reyes, JaySubject: 875 Howard Street
Jay,
It was a pleasure speaking with you this afternoon. As we discussed, I attempted to calculate the TIDFfee on the attached spreadsheet previously provided. Lets discuss next steps after you have had a
5/7/2010
Page 2 of 2
chance to review.
Thanks,
Ken
Ken [email protected] Partners100 Bush Street, Z6th Floor I San Frandsco, CA 94104Tel: 415-772-59001 Fax: 415-772-5911
Property Address: 899 Howard StreetApplication Number: 09926696. Block &Lot:. 3733 ~79 .Owner: 'Forthright Partners z'Mailing Address: 556 Commercial St, ste 300 S F Ca. 94111
Our retards indicate that on 5/l 5/2001, an Initial Determination of t}'ie Transit Impact Development Fee firthe above-cited project was sent to you. A.s no appeal was made of the initial determination, the followingdetermination is now final
This fee is due and payable upon the earliest of the following three events: (1) when 50% of the net rentablespace in the building is occupied, OR (2) Upon issuance of the first office temporary permit of occupancy,OR (3) Upon requesting a certificate of final completion and occupancy. We will send you an invoice whenthe fee is due, however it is your responsibility to insure than this fee is paid.
This project has fulfilled the initial requirements of establishing the appropriate Transit Impact Developmentfee. The Bureau of Building Inspection is authorized to issue a building permit for this application.
Sincerely,
Ste.Steven Nic3cerson, AdministratorTransit Impact Development Fee
CC. Bureau of Building T.nspection (2 7~
Howard Strret Associates. LLC CIT044 City Treasurer's OfficeDATE INVOICE NO DESCRIPTION INVOICE AAAOUN7
4-27-10 04-10 Child Car Planning Comm. Motion 150 153500.00
REC~1\/El7
h1AY ~ 8 2050 .dz,~~ 1
c~Tv ~ covrvTY o~ s.FPANNING DEPARTMENT
RECEPTION DESK
4-2~—~.0 158 TOTAL> 153500.00DATEK NUMBER
PLEASE DETACH AND RETAIN FOR YOUR RECORDS
THE FACE OF THIS DOCUMENT HAS A COLORED BACKGROUND ON WHITE PAPER
Howard Street Associates, LLC100 Bush Street, 6th FloorSan Francisco, CA 94104(41 S) 772-5900
Comerica Bank of Celifomia333 W. Santa Clara St.San Jose, CA 95113
DATE CHECK NO.
April 27, 2010 1580
Pay:*~'*"*One hundred fifty-three thousand five hundred doifars and na centsVOID IF NO7 CAST
~2~t
AMOUNT
$"""*153,500.00
WITHIN SIX
PAY City Treasurer~S ~IC2 ~ ~~TO THE c/o San Francisco Planning DeptORDER OF
X650 Mission St. Suite 400San Francisco, CA 94103 1
~ ~'''~ ~~'i+: •.^.,~'::,.:-••,',• •.°.~'•. ~.~::•.r-~ THE BACK OF THIS DOCUMENT CONTAINS AN ARTIFICIAL WATERMCRK—HA1 O AT A NCi TO VIFW !atY'm(i~ov:z.P..rrm:^:rtn.: ,>y:..r~?.~+.:r:..;:.,%; .:;....
~~'00000 L 580~~' ~: L 2 L L37 5 2 2~: 1894088 LB4~~'
~baeiAl/t~r~v~ ~Yr s oHi~plreRwdardr4ir~raor~■..~Wf.r,.Mr~ ~1.. a*r
Nnlvdrdn~ ' for " ~1'►Ge~~ .
c70'0
JAI I YIS1II~I :IJCV
< < ~ ~.' ~i ', ~~~'J1lLli•1~; li l;~cCfl(Ji'I
a4° ~o COUHr~9'
ua ,YVQ
LOCA'i~QN:
G~ty and County of San Frandsco
Department of Buildiag Inspec~on
CERTIFICATE OF FINAL COMPLETION AND OCCUPANCY
bt)
.„ ~ i I. ~ ~ ~ ~ ~ ~ ~ ~ i ~~ ~
~.
iii. ► '.~ I sr.. -~~ ~r ~•.. r i i i ~ ~ ~ ~ ~ ~ ~ ~ (~. . L
. ~{_. .. •.... . _ ~ ~. _ i ~r..
To 14e bat of oor Imowle~Eq the ~vetlon dseribed~above Lae 6eea oodpleted and. diative to of the dabs the bufldl~Prrmlt aPPtiu~tion wos sled, ooeforme bothto the Ordlo~nca of tie City rnd ~opnq o~ Sm Frandaco and to the I.evra at tLe Slap of Calffom4. The above refermobd oceopancy tlan Is approved pureuaotto Sectlon 109A of the Swi A~aecitco Bing Cora.
And c6u~e m the we or ocmpaocy of tbe~e Prdai~-~or a~ ehonee to 1Le 6ald~ or preml~q-~oodld Huse the pioperq bo be ~ viomHon of the 6lrnieipa! Coda d theC9ty wd Counb of San Ftan~beo find, t~ere~'. would in~~fs tld1 Cen~io~te of FUra1 Coerp►tfioa mid Oelwpa+ey. A oopy oI tib Cat¢ioaq eha9 be oatot~ined on tLe~emiecs and shell be rwllobk at all t~4s~ AnotLer eopy d this Grt'~Jicote should be kept aifL yorr (mpoitaot property dock
serore moldnQ aqr ~ng~ m me his sn we rotors. plme ooaQaec the Deportrgeat a(Bupduos In~Ctton, whkL .+id pro~3ae w.ice regarding.ay cb.nee th.t r«iwdfh to molro uid aN ndet you ~ o~l~ the eh~o4e in aa~dana with the Mwiicirpol Cddu d the QTy and (Ceuntr of Sfn PYsndua.
'1'Lis oertidcate i~~ued On: ~~—I~—!
d~ 1~ Inspector
VMAN L. DAY, C.B.O. Director of Bn~ding Inspocdon ~ 7. ~LCapka: WhMe (orldod to aJ~aMls1: BMe (ta ProP~7 anov)~ Ye1ow M ~R 1MP~~►Y. Pld (to Ffo~ej le~tlor) ~IIbD~ NAIDC
rn1~(-s M.1~
~~E1ii F{tfl,I~•1~CU
n ~ ' ` ~I, ~tity aIp ~cunt~► ~ 5 n Franciscor De cent of Bpi g Inspection(7f~f_P/f: 'IAifl~l ~1F~ ;;J1lJl~ l~ li ICY C:"fJUi'I
November 22, 2x10
Fiona RuddyTumer Construction Company343 Sansome Street, Ste, 500San Francisco, CA 941b4
pear SIrlMadam•
cowe,~ - .
D'~s DIRE~Z~U,t'S Q~F1~•t Gavin Newsom, Mayor
~, ~ DEPT: Of ~BLDv~ • Day, C.B.O. Directorr
1d l~OY Y2 Af! 9= 55
'I'EIAPORARY CERTIFICATE OF OCCUPA~ICYApp~icatiorr No: zoo ooez55345Property Address: 875 Nowerd StreetExpiration Date: December 2'l, 2U10
1n response to your letter daEed No~ember~l8, •2010, en which you requested a Temporary CerbfiCate of Ooc~pancy forthe fir~tt floor of a WA-3 occupancy inter~dod for use asp oific~, classraoome and labs by Heald College located et875 Howard Street, we have investigated the matter end find that no hazards would result by the occupancy of thisstn~cture for the purpose stated above, pending the issuance of a Certificate of Flnal Completion and Occupancy.Therebre, puFauant to tfie prnvfsbn$ of Section 109.4 of htie San Francisco Coda, this ~atlflcation shall serve as aTemporary EertlFicate of Ocoupat~Cy br a period not ~i~ exceed 30•days from the date•ot thin letter. If theCertificate of Final Complotlon and Occupancy !a not issued by that time, it will be your respansibllity to apply foran extension of Temporery Certificate of Occupanc~r —again stating In your ~r tFre reasons) why thedeficiencies in the atructur~ have not been corractad, sloop wfth a definite schodule for correction. Please beaware that it !s unlawful to occupy a s~ructu~s w~hou~ a CaUficate of Final Completion end Occupancy or a val►dTemporary Certlficete of Occupancy.
ATTENTION: Should the Tompw~rry Cart/f/cat~e of Occirpsncy explr+s wfdiout an extension dr'the lasuance of sCerWleat~e of Final Carp/etlon and Oaupancy a Noflae of 1/Jo/atlon shall be iasuod. T1ie matter wfli then beyreferred to the Code Enlo~e►n~t D!vlslon it a Dl~ctars He~rir~g end abat~ementproceedfngs fore unliwfu!oecupency of fhe bulldlriy.
Outstanding Items ere to be compbted prior be issuance of a Certlficate Qf Final Completion and Qccupancy:
1. Final ap~rovafs from inspectors fior. Building, Ele~~ical, Plumbing, dire & Sidewal{i.2. Glaas doors at glass enclosed recept6on area to remain in an opera position during business ~iotirs until doors
are modified to comply with CBC 11338.2.6.3. Scaffold at Howard Street entrance to remain iFl p~lase until special inspeetiona for the new awning have been
r~red by DBI.
If you have any further questions, conhad Dlstrld Building In'apecbor Steve Na~nal at X416) 558 102 between 7:30 bo 8:30AM. er 3:00 to 4:D0 P.M., Monday through Friday.
r City d'COurtty~ot an Franciscon r; p~~~~R Qf~v~ ng Inspection~O 3U1! J1i'J~ 1~ l~l'c~~fJUrl '•
January 7 3, 2011
Fora RuddyTurner Construction Company343 Sansome Street, Ste. 5A0San.Francisco, CA 94104
Dear SIHMadam:
e~y covN~?
,~ ~
~O~i'f p^1~~
• Edwin M. Lee, MayorVivian L. Day, C.B.O., D)rector
. A,MENDED
'I~MPORARY CERTIFIEAT'~ OF OCCUPANCYApplication No: 2010A6255345Property ArJd~ess: ~ 875 Howard•5treetExpiration Date: ~ April 13, 2011
In response bo your fetter da~ed January•7, 2011, in which l~ou requested a Temporary Certify of Occupancy br ail~ot
the areas on tho 1~ and Z floors occup~d by Heald College I~ated at 873 Howard Street, we have investigated
the matter and find that no hazards would result by the oa:upah6y •of this structure for the purpose stated above, pesading
the issuance of a Certificate of Final Completion and Occ~~ar►cy. Therefore, p~tsuarit to•the provisions of Section 109.4of the San Frariclsco Code, thi6 notlficatfon ~ot~ill serve as a Tampnrary Csr~icsite of Oce~ipancy for a period not
• bo exceed.90 dava from the date ~i this l~lter. M the CcertHicate of Flnal Completion and Occupancy is not issuedby that time, it will bs your responsibility to apply for ~n exbs~slon of Temporary Cefiflcate of Occupancy --againstating Iry your letter the ieason(s~ why the deflcisncle~: fn the structure have not been comacLed, along with adeElnite schedule for Correct{on. Please ba aware first (t !s unlaw/ul to occupy a structure withouta Cartillcat~eflfFinal. Completion and Occupancy or a valid Temporary Ce►tKlcat~ of Occupancy.
ATTENTION: Should the Temporary Ceitfflcate of Occerparrcy azpfre wlt~out an .exfiansion or the issuance of aCerfr7icate of Ffna! Completion and Occupancy a Notlr~ of I~vfatloo shah be iasueol. The~matl~er wf!! them bereferred M die Code E»forcemeni Dlvfalon fw a Dlrec~iar'a Hearing and ab~ai~emerr~ proceedings for fhe ~nlavrfuloccupancy of the 6uflding. -
Outstanding items are to be completed prior to fssuan~:e of a Certtticate of Plnal Completion and Occupancy:
1. Flnel approvals fivm Inspacbors fix: Building, Elec#riral, Fire 8 SiFffewwalk ~ ~,2. Key cylinders at bottom of glass doors ~o recepticNt area. '3. Providing accessible transaction counter~at book:;tore, with assisting slgnage.
If you have any furthet questions, contaEt District Building Inspecfior Steve ~FlaJnal at (41.5) 656-~tOz beMreen x:30 to 8.30AM, or 3:00 to 400 P.M., Monday through Friday.