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Executive SummaryConditional Use Authorization

Hearing Date: May 2, 2019

Record No.: 2019-001017CUAProject Address: 1700 Irving StreetZoning: Inner Sunset Neighborhood Commercial District (NCD) Zoning District

40-X Height and Bulk DistrictBlock/Lot: 1732/018Project Sponsor: Ahmad Larizadeh

1880 Golden Gate AvenueSan Francisco, CA 94115

Staff Contact: Bridget Hicks – (415) [email protected]

Recommendation: Approval with Conditions

PROJECT DESCRIPTIONThe Project includes a request for a Conditional Use Authorization for a change of use from a retailprofessional service use to a massage establishment (d.b.a. Fu Jian Traditional Chinese Medical Center) onthe ground-floor (1,495 square foot tenant space) of an existing 30 foot-tall, mixed-use commercial andresidential building.

REQUIRED COMMISSION ACTIONIn order for the Project to proceed, the Commission must grant a Conditional Use Authorization, pursuantto Planning Code Sections 730 and 303 to allow a change of use from a retail professional service to amassage establishment within the Inner Sunset NCD (Neighborhood Commercial District) and a 40-XHeight and Bulk District.

ISSUES AND OTHER CONSIDERATIONS∂ Public Comment & Outreach. The Department has received no public comments to date.

∂ The Project has received a recommendation for approval from the Department of Public Healthpending the approval of this Conditional Use Authorization.

∂ The two employees are certified massage therapists licensed by the California Massage TherapyCouncil.

∂ All existing windows and doors on the façades will be clear and unobstructed.

∂ Interior tenant improvements that have already been completed will be legalized under asubsequent building permit to comply with the Notice of Violation No. 201928481 and will complywith Planning Code Section 303(n) and all applicable requirements of Article 29 of the Health Code.

Executive Summary RECORD NO. 2019-001017CUAHearing Date: April 11, 2019 1700 Irving Street

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ENVIRONMENTAL REVIEWThe Project is exempt from the California Environmental Quality Act (“CEQA”) as a Class 1 categoricalexemption.

BASIS FOR RECOMMENDATIONThe Department finds that the Project is, on balance, consistent with the Objectives and Policies of the InnerSunset Neighborhood Commercial Zoning District (NCD) and the Objectives and Policies of the GeneralPlan. The Project will provide an active use at the ground-floor of an existing building, located on a cornerlot, in the Inner Sunset NCD and maintain the prevailing mixed-use character of development and thediversity of good and services provided. The Department also finds the project to be necessary, desirable,and compatible with the surrounding neighborhood, and not to be detrimental to persons or adjacentproperties in the vicinity.

ATTACHMENTS:Draft Motion – Conditional Use Authorization with Conditions of ApprovalExhibit B – Plans and RenderingsExhibit C – Environmental DeterminationExhibit D – Land Use DataExhibit E – Maps and Context PhotosExhibit F – Project Application

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Planning Commission Draft MotionHEARING DATE: MAY 2, 2019

Record No.: 2019-001017CUAProject Address: 1700 Irving StreetZoning: Inner Sunset NCD (Neighborhood Commercial) Zoning District

40-X Height and Bulk DistrictBlock/Lot: 1732/018Project Sponsor: Ahmad Larizadeh

1880 Golden Gate AvenueSan Francisco, CA 94115

Property Owner: Gaw Family Trust565 22nd AvenueSan Francisco, CA 94121

Staff Contact: Bridget Hicks– (415) [email protected]

ADOPTING FINDINGS RELATING TO A CONDITIONAL USE AUTHORIZATION PURSUANTTO PLANNING CODE SECTIONS 730 AND 303 TO AUTHORIZE THE CHANGE OF USE FROM ARETAIL PROFESSIONAL SERVICETO A MASSAGE ESTABLISHMENT AT THE GROUND FLOOROF AN EXISTING THREE-STORY MIXED-USE BUILDING.

PREAMBLEOn January 25, 2019, Ahmad Larizadeh of Bana Inc. (hereinafter "Project Sponsor") filed Application No.2019-001017CUA (hereinafter “Application”) with the Planning Department (hereinafter “Department”)for a Conditional Use Authorization to permit a change of use from a retail professional service to amassage establishment (dba Fu Jian Traditional Chinese Medical Center) on the ground floor of anexisting three-story mixed-use building (hereinafter “Project”) at 1700 Irving Street, Block 1732 Lots 018(hereinafter “Project Site”).

The Project is exempt from the California Environmental Quality Act (“CEQA”) as a Class 1 CategoricalExemption.

On May 2, 2019, the Commission conducted a duly noticed public hearing at a regularly scheduledmeeting on Conditional Use Authorization Application No. 2019-001017CUA.

The Planning Department Commission Secretary is the custodian of records; the File for Record No. 2019-001017CUA is located at 1650 Mission Street, Suite 400, San Francisco, California.

The Commission has heard and considered the testimony presented to it at the public hearing and hasfurther considered written materials and oral testimony presented on behalf of the applicant, Departmentstaff, and other interested parties.

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MOVED, that the Commission hereby authorizes the Conditional Use Authorization as requested inApplication No. 2019-001017CUA, subject to the conditions contained in “EXHIBIT A” of this motion,based on the following findings:

FINDINGSHaving reviewed the materials identified in the preamble above, and having heard all testimony andarguments, this Commission finds, concludes, and determines as follows:

1. The above recitals are accurate and constitute findings of this Commission.

2. Project Description. The Project includes the change of use from a retail professional service to amassage establishment (d.b.a. Fu Jian Traditional Chinese Medical Center) within a 1,484 squarefoot ground floor tenant space with an existing three-story, 30 foot-tall, mixed-use building. Fourdwelling units are located on the second and third floors of the building, with a total of 4,455square feet. Additionally, two class 2 bicycle parking spaces for the commercial tenant will beprovided.Fu Jian Traditional Chinese Medicine will offer services such as Shiatsu massage and cuppingand will employ two Certified Massage Therapists, as authorized by the California MassageTherapy Council. One of the therapists is also a certified member of the American TraditionalChinese Medical Traumatology Association (See Exhibit F). The tenant seeks to operate from 10a.m. to 10 p.m. seven (7) days a week. The Sponsors have filed a building permit to legalize theinterior tenant improvements and abate the Notice of Violation # 201928481 to comply with allbuilding and planning code requirements that apply to a massage establishment. This buildingpermit will be processed after the completion of the of this entitlement process.

3. Site Description and Present Use. The Project Site is located at the corner of Irving Street and18th Avenue with approximately 33 feet of frontage along Irving Street and approximately 45 feetof frontage along 18th Avenue. The site contains a three-story, 5,940 square foot, mixed-isebuilding, with ground floor commercial, two residential dwelling units on the second and thirdfloors and an accessory residential parking lot. The subject tenant space has been vacant forapproximately one year and was previously occupied by various retail professional services,including a driving school, psychic, and family law practice.

4. Surrounding Properties and Neighborhood. The Project Site is located within the Inner SunsetNeighborhood Commercial Zoning District and a 40-X Height and Bulk District. The intent ofthis zoning district is to provide a balanced mix and variety of neighborhood-serving commercialuses. The immediate context of the Project Site includes three-story mixed-use buildings withground floor commercial with residential units above along Irving Street. The Sunset Branch ofthe San Francisco Public Library and Jefferson Elementary School are located across Irving Streetin a Public Zoning District. North of the subject property are a mix of two- to three-storyresidential buildings in the RM-1 Zoning District. The site is located one block from the busy

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intersection of Irving Street and 19th Avenue, at the beginning of the Irving Street NeighborhoodCommercial Zoning District.

5. Public Outreach and Comments. The Department has received no public comments to date.

6. Planning Code Compliance. The Commission finds that the Project is consistent with therelevant provisions of the Planning Code in the following manner:

A. Use. Planning Code Section 730 states that a Conditional Use Authorization is required for amassage establishment within the Inner Sunset Neighborhood Commercial District.

B. Hours of Operation. Planning Code Section 730 principally permits business hours between6 a.m. and 2 a.m. A Standard Condition of Approval for massage establishments limits thehours of operation from 7 a.m. to 10 p.m.

The Project proposes hours of operation between 10 a.m. and 10 p.m., seven (7) days a week and,therefore, complies with the requirement.

C. Transparency. Planning Code Section 145.1 states that street frontages on new developmentlots must be fenestrated with transparent windows and doorways for no less than 60% of thestreet frontage at the ground level. Section 145.1 applies to a “development lot” whichincludes new construction, building alteration that would increase the gross square footageof a structure by 20 percent or more or a change to or from residential uses.

The Project Site was constructed in 1922, no additional square footage is proposed, and no change ofresidential uses is proposed. Therefore, the requirements of Planning Code Section 145.1 do not apply.Currently, the storefront has two windows and a door along Irving Street and two windows along 18th

Avenue.

7. Conditional Use Findings. Planning Code Section 303 establishes criteria for the PlanningCommission to consider when reviewing applications for Conditional Use authorization. Onbalance, the project complies with said criteria in that:

A. The proposed new uses and building, at the size and intensity contemplated and at theproposed location, will provide a development that is necessary or desirable, and compatiblewith, the neighborhood or the community.

The Project is necessary and desirable in that it will expand the number of massage establishmentsavailable to residents and visitors of the neighborhood and the size of the proposed use is in keepingwith other storefronts on the block face. The proposed massage establishment will not impact traffic orparking in the District because it is not a destination service. This will complement the mix of goods

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and services currently available in the district and contribute to the economic vitality of theneighborhood by removing a vacant storefront.

B. The proposed project will not be detrimental to the health, safety, convenience or generalwelfare of persons residing or working in the vicinity. There are no features of the projectthat could be detrimental to the health, safety or convenience of those residing or workingthe area, in that:

(1) Nature of proposed site, including its size and shape, and the proposed size, shape andarrangement of structures;

The height and bulk of the existing building will remain the same and will not alter the existingappearance or character of the project vicinity. The proposed work will not affect the buildingenvelope.

(2) The accessibility and traffic patterns for persons and vehicles, the type and volume of suchtraffic, and the adequacy of proposed off-street parking and loading;

The Planning Code does not require parking or loading for a 1,485 square-foot retail service space.The proposed use is designed to meet the needs of the immediate neighborhood and should notgenerate significant amounts of vehicular trips from the immediate neighborhood or citywide. AClass 2 bicycle rack will be installed on the street to accommodate two bicycles. The location iswithin walking distance of the N Judah muni line and other muni bus lines.

(3) The safeguards afforded to prevent noxious or offensive emissions such as noise, glare,dust and odor;

The proposed use is subject to the standard conditions of approval for massage establishments asoutlined in Exhibit A.

(4) Treatment given, as appropriate, to such aspects as landscaping, screening, open spaces,parking and loading areas, service areas, lighting and signs;

The proposed massage establishment may require additional tenant improvements in order tocomply with the operation conditions of Exhibit A. Additionally, a building permit is required tolegally establish the use as a massage establishment and that permit must conform with conditionsof approval of this motion as listed in Exhibit A. The Department shall review all interior andexterior modifications for the building, and shall review all lighting, signage, railings or grillworkchanges for the new business in accordance with Condition 7 of Exhibit A.

C. That the use as proposed will comply with the applicable provisions of the Planning Codeand will not adversely affect the General Plan.

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The Project complies with all relevant requirements and standards of the Planning Code and isconsistent 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 purposeof the applicable Neighborhood Commercial District.

The proposed project is consistent with the stated purposed of NC-1 Districts in that the intended useis located at the ground floor and will provide a compatible convenience service for local Inner Sunsetresidents and the immediately surrounding neighborhoods during daytime hours.

(n) Massage Establishments. With respect to Massage Establishments that are subject to ConditionalUse authorization, in addition to the criteria set forth in subsection (c) above, the Commission shall makethe following findings:

(1) Whether the applicant has obtained, and maintains in good standing, a permit for a MassageEstablishment from the Department of Public Health pursuant to Section 29.10 of the Health Code;

The applicant has received a recommendation for approval for a permit for a Massage Establishment fromthe Department of Public Health (Exhibit F), pending Planning Department approval of this ConditionalUse Authorization. Condition of Approval No. 14 (Exhibit A) ensures that the Applicant maintains, ingood standing, a permit for a Massage Establishment from the Department of Public Health. Failure to doso may result in the revocation of this Conditional Use Authorization by the Planning Commission.

(2) Whether the use’s façade is transparent and open to the public. Permanent transparency andopenness are preferable. Elements that lend openness and transparency to a façade include:

(A) active street frontage of at least 25 feet in length where 75% of that length is devotedto entrances to commercially used space or windows at the pedestrian eye-level;

(B) windows that use clear, untinted glass, except for decorative or architectural accent;

(C) any decorative railings or decorative grille work, other than wire mesh, which isplaced in front of or behind such windows, should be at least 75% open toperpendicular view and no more than six feet in height above grade;

The proposed Massage Establishment will be located at the ground floor of an existing mixed-use building.All existing windows and doors will be clear and unobstructed. The existing building does not meet thepreferred elements from subsection (A) above. All existing windows and doors will use clear, untinted glass.No decorative railings or grillwork is currently proposed. Any future proposals for alterations to the façademust comply with the above findings regarding transparency.

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(3) Whether the use includes pedestrian-oriented lighting. Well-lit establishments where lighting isinstalled and maintained along all public rights-of-way adjacent to the building with the massageuse during the post-sunset hours of the massage use are encouraged:

The Conditional Use Authorization does not currently propose any exterior lighting. Any future buildingpermits will comply with the City’s requirements and the above findings. The existing street lighting alongIrving Street provides adequate pedestrian-oriented lighting to the subject tenant space.

(4) Whether the use is reasonably oriented to facilitate public access. Barriers that make entrance to the use more difficult than to an average service-provider in the area are to be strongly discouraged. These include (but are not limited to) foyers equipped with double doors that can be opened only from the inside and security cameras.

No such barriers are proposed for the Project. The Project is located on the ground-floor of a corner lot at abusy intersection of Irving Street and 18th Avenue. The existing building design affords some windows anda large glass door which opens into the establishment’s reception area. All doors will remain open duringthe business’ hours of operation.

8. General Plan Compliance. The Project is, on balance, consistent with the following Objectivesand Policies of the General Plan:

COMMERCE AND INDUSTRY ELEMENT

OBJECTIVE 1MANAGE ECONOMIC GROWTH AND CHANGE TO ENSURE ENHANCEMENT OF THETOTAL CITY LIVING AND WORKING ENVIRONMENT.

POLICY 1.2Assure that all commercial and industrial uses meet minimum, reasonable performancestandards.

The Project will provide a desirable service to individuals in the neighborhood. The Project will provide netbenefits to the community by reactivating a vacant commercial tenant space and establishing a compatiblesmall-business in the Inner Sunset Neighborhood Commercial District.

OBJECTIVE 2MAINTAIN AND ENHANCE A SOUND AND DIVERSE ECONOMIC BASE AND FISCALSTRUCTURE FOR THE CITY.

POLICY 2.1Seek to retain existing commercial and industrial activity and to attract new such activity to thecity.

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OBJECTIVE 6MAINTAIN AND STRENGTHEN VIABLE NEIGHBORHOOD COMMERCIAL AREAS EASILYACCESSIBLE TO CITY RESIDENTS.

POLICY 6.1Ensure and encourage the retention and provision of neighborhood-serving goods and servicesin the city's neighborhood commercial districts, while recognizing and encouraging diversityamong the districts.

POLICY 6.2Promote economically vital neighborhood commercial districts which foster small businessenterprises and entrepreneurship and which are responsive to economic and technologicalinnovation in the marketplace and society.

POLICY 6.3Preserve and promote the mixed commercial-residential character in neighborhood commercialdistricts. Strike a balance between the preservation of existing affordable housing and neededexpansion of commercial activity.

The Project will fill a vacant commercial tenant space along the Inner Sunset Neighborhood CommercialDistrict corridor. The Project will provide a neighborhood-serving small business service that responds tothe neighborhood needs.

9. Planning Code Section 101.1(b) establishes eight priority-planning policies and requires reviewof permits for consistency with said policies. On balance, the project complies with said policiesin that:

A. That existing neighborhood-serving retail uses be preserved and enhanced and futureopportunities for resident employment in and ownership of such businesses be enhanced.

The Project will retain and existing retail sales and service use. This Conditional Use Authorizationwill permit the massage establishment subcategory of the retail sales and service land use category. TheProject will provide future opportunities for resident employment in and ownership of such businesses.

B. That existing housing and neighborhood character be conserved and protected in order topreserve the cultural and economic diversity of our neighborhoods.

The Project site includes 4 dwelling units. This Project will not alter any of the existing units, and willthereby conserve and protect existing housing. The Project will enhance the neighborhood character byproviding an active neighborhood-serving retail service in a vacant tenant space.

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C. That the City's supply of affordable housing be preserved and enhanced,

The Project does not currently possess any existing affordable housing. The Project will not alter theexisting units on the property.

D. That commuter traffic not impede MUNI transit service or overburden our streets orneighborhood parking.

The Project Site is served by nearby public transportation options. The Project is located withinwalking distance of the N - Judah muni line at Judah St. and 19th St, and the 28, 29, and 7 muni buslines. Future customers would be afforded proximity to these transit lines. The Project will provide twoClass 2 bicycle parking spaces on the sidewalk along Irving Street.

E. That a diverse economic base be maintained by protecting our industrial and service sectorsfrom displacement due to commercial office development, and that future opportunities forresident employment and ownership in these sectors be enhanced.

The Project includes the conversion of an existing retail professional service space into the subcategoryof a massage establishment which will provide future opportunities for resident employment andownership in these sectors.

F. That the City achieve the greatest possible preparedness to protect against injury and loss oflife in an earthquake.

The Project will be designed and will be constructed to conform to the structural and seismic safetyrequirements of the Building Code. This proposal will not impact the property’s ability to withstandan earthquake.

G. That landmarks and historic buildings be preserved.

Currently, the Project Site does not contain any City Landmarks or historic buildings. Any exterioralterations proposed at a later date will be reviewed by a historic preservation technical specialist.

H. That our parks and open space and their access to sunlight and vistas be protected fromdevelopment.

The Project does not abut any parks or open space, nor does it propose any alterations to the buildingfootprint.

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10. The Project is consistent with and would promote the general and specific purposes of the Codeprovided under Section 101.1(b) in that, as designed, the Project would contribute to the characterand stability of the neighborhood and would constitute a beneficial development.

11. The Commission hereby finds that approval of the Conditional Use Authorization wouldpromote the health, safety and welfare of the City.

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DECISIONThat based upon the Record, the submissions by the Applicant, the staff of the Department and otherinterested parties, the oral testimony presented to this Commission at the public hearings, and all otherwritten materials submitted by all parties, the Commission hereby APPROVES Conditional UseAuthorization Application No. 2019-001017CUA subject to the following conditions attached hereto as“EXHIBIT A” in general conformance with plans on file, dated January 25, 2019, and stamped “EXHIBITB”, which is incorporated herein by reference as though fully set forth.

APPEAL AND EFFECTIVE DATE OF MOTION: Any aggrieved person may appeal this ConditionalUse Authorization to the Board of Supervisors within thirty (30) days after the date of this Motion. Theeffective date of this Motion shall be the date of this Motion if not appealed (after the 30-day period hasexpired) 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) 554-5184, City Hall, Room 244, 1Dr. Carlton B. Goodlett Place, San Francisco, CA 94102.

Protest of Fee or Exaction: You may protest any fee or exaction subject to Government Code Section66000 that is imposed as a condition of approval by following the procedures set forth in GovernmentCode Section 66020. The protest must satisfy the requirements of Government Code Section 66020(a) andmust be filed within 90 days of the date of the first approval or conditional approval of the developmentreferencing the challenged fee or exaction. For purposes of Government Code Section 66020, the date ofimposition of the fee shall be the date of the earliest discretionary approval by the City of the subjectdevelopment.

If the City has not previously given Notice of an earlier discretionary approval of the project, thePlanning Commission’s adoption of this Motion, Resolution, Discretionary Review Action or the ZoningAdministrator’s Variance Decision Letter constitutes the approval or conditional approval of thedevelopment and the City hereby gives NOTICE that the 90-day protest period under Government CodeSection 66020 has begun. If the City has already given Notice that the 90-day approval period has begunfor 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 May 2, 2019.

Jonas P. IoninCommission Secretary

AYES:

NAYS:

ABSENT:ADOPTED: May 2, 2019

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EXHIBIT AAUTHORIZATIONThis authorization is for a conditional use to allow a massage establishment (d.b.a. Fu Jian TraditionalChinese Medical Center) located at 1700 Irving Street, Block 1732, and Lot 018 pursuant to PlanningCode Section(s) 730 and 303 within the Inner Sunset NCD (Neighborhood Commercial) Zoning Districtand a 40-X Height and Bulk District; in general conformance with plans, dated January 25, 2019, andstamped “EXHIBIT B” included in the docket for Record No. 2019-001017CUA and subject to conditionsof approval reviewed and approved by the Commission on May 2, 2019 under Motion No XXXXXX. Thisauthorization and the conditions contained herein run with the property and not with a particular ProjectSponsor, business, or operator.

RECORDATION OF CONDITIONS OF APPROVALPrior to the issuance of the building permit or commencement of use for the Project the ZoningAdministrator shall approve and order the recordation of a Notice in the Official Records of the Recorderof the City and County of San Francisco for the subject property. This Notice shall state that the project issubject to the conditions of approval contained herein and reviewed and approved by the PlanningCommission on May 2, 2019 under Motion No XXXXXX.

PRINTING OF CONDITIONS OF APPROVAL ON PLANSThe conditions of approval under the 'Exhibit A' of this Planning Commission Motion No. XXXXXX shallbe reproduced on the Index Sheet of construction plans submitted with the site or building permitapplication for the Project. The Index Sheet of the construction plans shall reference to the ConditionalUse authorization and any subsequent amendments or modifications.

SEVERABILITYThe Project shall comply with all applicable City codes and requirements. If any clause, sentence, sectionor any part of these conditions of approval is for any reason held to be invalid, such invalidity shall notaffect or impair other remaining clauses, sentences, or sections of these conditions. This decision conveysno right to construct, or to receive a building permit. “Project Sponsor” shall include any subsequentresponsible party.

CHANGES AND MODIFICATIONSChanges to the approved plans may be approved administratively by the Zoning Administrator.Significant changes and modifications of conditions shall require Planning Commission approval of anew Conditional Use authorization.

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Conditions of Approval, Compliance, Monitoring, and ReportingPERFORMANCE

1. Validity. The authorization and right vested by virtue of this action is valid for three (3) yearsfrom the effective date of the Motion. The Department of Building Inspection shall have issued aBuilding Permit or Site Permit to construct the project and/or commence the approved use withinthis three-year period.For information about compliance, contact Code Enforcement, Planning Department at 415-575-6863,www.sf-planning.org

2. Expiration and Renewal. Should a Building or Site Permit be sought after the three (3) yearperiod has lapsed, the project sponsor must seek a renewal of this Authorization by filing anapplication for an amendment to the original Authorization or a new application forAuthorization. Should the project sponsor decline to so file, and decline to withdraw the permitapplication, the Commission shall conduct a public hearing in order to consider the revocation ofthe Authorization. Should the Commission not revoke the Authorization following the closure ofthe public hearing, the Commission shall determine the extension of time for the continuedvalidity of the Authorization.For information about compliance, contact Code Enforcement, Planning Department at 415-575-6863,www.sf-planning.org

3. Diligent Pursuit. Once a site or Building Permit has been issued, construction must commencewithin the timeframe required by the Department of Building Inspection and be continueddiligently to completion. Failure to do so shall be grounds for the Commission to considerrevoking the approval if more than three (3) years have passed since this Authorization wasapproved.For information about compliance, contact Code Enforcement, Planning Department at 415-575-6863,www.sf-planning.org

4. Extension. All time limits in the preceding three paragraphs may be extended at the discretion ofthe Zoning Administrator where implementation of the project is delayed by a public agency, anappeal or a legal challenge and only by the length of time for which such public agency, appeal orchallenge has caused delay.For information about compliance, contact Code Enforcement, Planning Department at 415-575-6863,www.sf-planning.org

5. Conformity with Current Law. No application for Building Permit, Site Permit, or otherentitlement shall be approved unless it complies with all applicable provisions of City Codes ineffect at the time of such approval.For information about compliance, contact Code Enforcement, Planning Department at 415-575-6863,www.sf-planning.org

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DESIGN – COMPLIANCE AT PLAN STAGE6. Garbage, Composting and Recycling Storage. Space for the collection and storage of garbage,

composting, and recycling shall be provided within enclosed areas on the property and clearlylabeled and illustrated on the building permit plans. Space for the collection and storage ofrecyclable and compostable materials that meets the size, location, accessibility and otherstandards specified by the San Francisco Recycling Program shall be provided at the ground levelof the buildings.For information about compliance, contact the Case Planner, Planning Department at 415-558-6378,www.sf-planning.org

PARKING AND TRAFFIC7. Bicycle Parking Pursuant to Planning Code Sections 155.1 and 155.4, the Project shall provide no

fewer than 2 Class 2 bicycle parking spaces. SFMTA has final authority on the type, placementand number of Class 2 bicycle racks within the public ROW. Prior to issuance of first architecturaladdenda, the project sponsor shall contact the SFMTA Bike Parking Program [email protected] to coordinate the installation of on-street bicycle racks and ensure thatthe proposed bicycle racks meet the SFMTA’s bicycle parking guidelines. Depending on local siteconditions and anticipated demand, SFMTA may request the project sponsor pay an in-lieu feefor Class II bike racks required by the Planning Code.For information about compliance, contact Code Enforcement, Planning Department at 415-575-6863,www.sf-planning.org

8. Managing Traffic During Construction. The Project Sponsor and construction contractor(s)shall coordinate with the Traffic Engineering and Transit Divisions of the San FranciscoMunicipal Transportation Agency (SFMTA), the Police Department, the Fire Department, thePlanning Department, and other construction contractor(s) for any concurrent nearby Projects tomanage traffic congestion and pedestrian circulation effects during construction of the Project.For information about compliance, contact Code Enforcement, Planning Department at 415-575-6863,www.sf-planning.org

MONITORING - AFTER ENTITLEMENT9. 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 subjectto the enforcement procedures and administrative penalties set forth under Planning CodeSection 176 or Section 176.1. The Planning Department may also refer the violation complaints toother city departments and agencies for appropriate enforcement action under their jurisdiction.For information about compliance, contact Code Enforcement, Planning Department at 415-575-6863,www.sf-planning.org

10. Monitoring. The Project requires monitoring of the conditions of approval in this Motion. TheProject Sponsor or the subsequent responsible parties for the Project shall pay fees as established

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under Planning Code Section 351(e) (1) and work with the Planning Department for informationabout compliance.For information about compliance, contact Code Enforcement, Planning Department at 415-575-6863,www.sf-planning.org

11. Revocation due to Violation of Conditions. Should implementation of this Project result incomplaints from interested property owners, residents, or commercial lessees which are notresolved by the Project Sponsor and found to be in violation of the Planning Code and/or thespecific conditions of approval for the Project as set forth in Exhibit A of this Motion, the ZoningAdministrator shall refer such complaints to the Commission, after which it may hold a publichearing on the matter to consider revocation of this authorization.For information about compliance, contact Code Enforcement, Planning Department at 415-575-6863,www.sf-planning.org

OPERATION12. 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 compliancewith the Department of Public Works Streets and Sidewalk Maintenance Standards.For information about compliance, contact Bureau of Street Use and Mapping, Department of PublicWorks, 415-695-2017, http://sfdpw.org

13. Community Liaison. Prior to issuance of a building permit to construct the project andimplement the approved use, the Project Sponsor shall appoint a community liaison officer todeal with the issues of concern to owners and occupants of nearby properties. The ProjectSponsor shall provide the Zoning Administrator and all registered neighborhood groups for thearea with written notice of the name, business address, and telephone number of the communityliaison. Should the contact information change, the Zoning Administrator and registeredneighborhood groups shall be made aware of such change. The community liaison shall report tothe Zoning Administrator what issues, if any, are of concern to the community and what issueshave not been resolved by the Project Sponsor.For information about compliance, contact Code Enforcement, Planning Department at 415-575-6863,www.sf-planning.org

14. Massage Establishments. All massage establishments shall comply with the following standardmassage use operation standards.

A. The entry to the massage treatment room shall remain directly visible from the publicright-of-way. If any additional doors are required under the Building Code foremergency egress purposes, such door shall be labeled “for emergency use only” andshall have an audible alarm that will go off when the door is opened.

B. All interior alterations shall be reviewed by the Planning Department to verifycompliance with these conditions.

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C. No locks shall be allowed on any interior door of the business except that a lock forprivacy may be permitted on the bathroom door.

D. Any blinds or curtains located behind the storefront windows must be kept open duringbusiness hours to allow for visibility into the tenant space from the street. Noobstructions shall be located in front of any of the storefront windows that wouldprevent such visibility.

E. The front door to the business must be open during business hours. The use of buzzers ora security camera is not permitted.

F. The massage establishment shall comply with the hours of operation outlined inOrdinance 140-09, approved on July 2, 2009. This Ordinance amended the Health Code tolimit the hours of permitted operation for massage establishments from 7:00 am to 10:00pm.

G. All persons engaged in performing massage shall be licensed for that purpose by theState of California and the licenses shall be prominently displayed on walls of thebusiness.

H. The Planning Commission may revoke this Conditional Use authorization if theDepartment of Public Health revokes the health permit for massage.

For information about compliance, contact Code Enforcement, Planning Department at 415-575-6863,www.sf-planning.org

15. Hours of Operation. The subject establishment is limited to the following hours of operation:Daily from 7:00a.m. to 10:00p.m.For information about compliance, contact Code Enforcement, Planning Department at 415-575-6863,www.sf-planning.org

Draft Motion May 2, 2019

EXHIBIT B

Plans and Renderings

Conditional Use Authorization

Case No. 2019-001017CUA

1700 Irving Street

RECORD NO. 2019-001017CUA 1700 Irving Street

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Draft Motion May 2, 2019

EXHIBIT C

Environmental Determination:CEQA Categorical Exemption

Conditional Use Authorization

Case No. 2019-001017CUA

1700 Irving Street

RECORD NO. 2019-001017CUA 1700 Irving Street

CEQA Categorical Exemption Determination

PROPERTY INFORMATION/PROJECT DESCRIPTION

Project Address

1700 IRVING ST

Block/Lot(s)

Project description for Planning Department approval.

Permit No.

Addition/

Alteration

Demolition (requires HRE for

Category B Building)

New

Construction

Conditional Use Authorization for change of use from vacant space to traditional Chinese therapy and body

work.

Case No.

2019-001017PRJ

1732018

STEP 1: EXEMPTION CLASS

*Note: If neither class applies, an Environmental Evaluation Application is required.*

Class 1 - Existing Facilities. Interior and exterior alterations; additions under 10,000 sq. ft.

Class 3 - New Construction. Up to three new single-family residences or six dwelling units in one

building; commercial/office structures; utility extensions; change of use under 10,000 sq. ft. if principally

permitted or with a CU.

Class 32 - In-Fill Development. New Construction of seven or more units or additions greater than

10,000 sq. ft. and meets the conditions described below:

(a) The project is consistent with the applicable general plan designation and all applicable general plan

policies as well as with applicable zoning designation and regulations.

(b) The proposed development occurs within city limits on a project site of no more than 5 acres

substantially surrounded by urban uses.

(c) The project site has no value as habitat for endangered rare or threatened species.

(d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or

water quality.

(e) The site can be adequately served by all required utilities and public services.

FOR ENVIRONMENTAL PLANNING USE ONLY

Class ____

STEP 2: CEQA IMPACTSTO BE COMPLETED BY PROJECT PLANNER

If any box is checked below, an Environmental Evaluation Application is required.

Air Quality: Would the project add new sensitive receptors (specifically, schools, day care facilities,

hospitals, residential dwellings, and senior-care facilities within an Air Pollution Exposure Zone? Does the

project have the potential to emit substantial pollutant concentrations (e.g., backup diesel generators,

heavy industry, diesel trucks, etc.)? (refer to EP _ArcMap > CEQA Catex Determination Layers > Air Pollution

Exposure Zone)

Hazardous Materials: If the project site is located on the Maher map or is suspected of containing

hazardous materials (based on a previous use such as gas station, auto repair, dry cleaners, or heavy

manufacturing, or a site with underground storage tanks): Would the project involve 50 cubic yards or

more of soil disturbance ‐ or a change of use from industrial to residential? If yes, this box must be

checked and the project applicant must submit an Environmental Application with a Phase I

Environmental Site Assessment. Exceptions: do not check box

if the applicant presents documentation of enrollment in the San Francisco Department of Public Health

(DPH) Maher program, a DPH waiver from the Maher program, or other documentation from

Environmental Planning staff that hazardous material effects would be less than significant (refer to

EP_ArcMap > Maher layer).

Transportation: Does the project create six (6) or more net new parking spaces or residential units?

Does the project have the potential to adversely affect transit, pedestrian and/or bicycle safety (hazards)

or the adequacy of nearby transit, pedestrian and/or bicycle facilities?

Archeological Resources: Would the project result in soil disturbance/modification greater than two

(2) feet below grade in an archeological sensitive area or eight (8) feet in a non -archeological sensitive

area? (refer to EP_ArcMap > CEQA Catex Determination Layers > Archeological Sensitive Area)

Subdivision/Lot Line Adjustment: Does the project site involve a subdivision or lot line adjustment

on a lot with a slope average of 20% or more? (refer to EP_ArcMap > CEQA Catex Determination Layers >

Topography)

Slope = or > 20%: Does the project involve any of the following: (1) square footage expansion greater

than 1,000 sq. ft. outside of the existing building footprint, (2) excavation of 50 cubic yards or more of

soil, (3) new construction? (refer to EP_ArcMap > CEQA Catex Determination Layers > Topography) If box is

checked, a geotechnical report is required.

Seismic: Landslide Zone: Does the project involve any of the following: (1) square footage expansion

greater than 1,000 sq. ft. outside of the existing building footprint, (2) excavation of 50 cubic yards or

more of soil, (3) new construction? (refer to EP_ArcMap > CEQA Catex Determination Layers > Seismic Hazard

Zones) If box is checked, a geotechnical report is required.

Seismic: Liquefaction Zone: Does the project involve any of the following: (1) square footage

expansion greater than 1,000 sq. ft. outside of the existing building footprint, (2) excavation of 50

cubic yards or more of soil, (3) new construction? (refer to EP_ArcMap > CEQA Catex Determination Layers >

Seismic Hazard Zones) If box is checked, a geotechnical report will likely be required.

If no boxes are checked above, GO TO STEP 3. If one or more boxes are checked above, an

Environmental Evaluation Application is required, unless reviewed by an Environmental Planner.

Comments and Planner Signature (optional):

STEP 3: PROPERTY STATUS - HISTORIC RESOURCETO BE COMPLETED BY PROJECT PLANNER

PROPERTY IS ONE OF THE FOLLOWING: (refer to Parcel Information Map)

Category A: Known Historical Resource. GO TO STEP 5.

Category B: Potential Historical Resource (over 45 years of age). GO TO STEP 4.

Category C: Not a Historical Resource or Not Age Eligible (under 45 years of age). GO TO STEP 6.

STEP 4: PROPOSED WORK CHECKLIST

TO BE COMPLETED BY PROJECT PLANNER

Check all that apply to the project.

1. Change of use and new construction. Tenant improvements not included.

2. Regular maintenance or repair to correct or repair deterioration, decay, or damage to building.

3. Window replacement that meets the Department’s Window Replacement Standards. Does not include

storefront window alterations.

4. Garage work. A new opening that meets the Guidelines for Adding Garages and Curb Cuts, and/or

replacement of a garage door in an existing opening that meets the Residential Design Guidelines.

5. Deck, terrace construction, or fences not visible from any immediately adjacent public right-of-way.

6. Mechanical equipment installation that is not visible from any immediately adjacent public

right-of-way.

7. Dormer installation that meets the requirements for exemption from public notification under Zoning

Administrator Bulletin No. 3: Dormer Windows.

8. Addition(s) that are not visible from any immediately adjacent public right -of-way for 150 feet in each

direction; does not extend vertically beyond the floor level of the top story of the structure or is only a

single story in height; does not have a footprint that is more than 50% larger than that of the original

building; and does not cause the removal of architectural significant roofing features.

Note: Project Planner must check box below before proceeding.

Project is not listed. GO TO STEP 5.

Project does not conform to the scopes of work. GO TO STEP 5.

Project involves four or more work descriptions. GO TO STEP 5.

Project involves less than four work descriptions. GO TO STEP 6.

STEP 5: CEQA IMPACTS - ADVANCED HISTORICAL REVIEWTO BE COMPLETED BY PROJECT PLANNER

Check all that apply to the project.

1. Project involves a known historical resource (CEQA Category A) as determined by Step 3 and

conforms entirely to proposed work checklist in Step 4.

2. Interior alterations to publicly accessible spaces.

3. Window replacement of original/historic windows that are not “in-kind” but are consistent with

existing historic character.

4. Façade/storefront alterations that do not remove, alter, or obscure character-defining features.

5. Raising the building in a manner that does not remove, alter, or obscure character -defining

features.

6. Restoration based upon documented evidence of a building’s historic condition, such as historic

photographs, plans, physical evidence, or similar buildings.

7. Addition(s), including mechanical equipment that are minimally visible from a public right -of-way

and meet the Secretary of the Interior’s Standards for Rehabilitation .

8. Other work consistent with the Secretary of the Interior Standards for the Treatment of Historic

Properties (specify or add comments):

9. Other work that would not materially impair a historic district (specify or add comments):

(Requires approval by Senior Preservation Planner/Preservation Coordinator)

10. Reclassification of property status. (Requires approval by Senior Preservation

Planner/Preservation

Reclassify to Category A

a. Per HRER dated

b. Other (specify):

(attach HRER)

Reclassify to Category C

Note: If ANY box in STEP 5 above is checked, a Preservation Planner MUST check one box below.

Further environmental review required. Based on the information provided, the project requires an

Environmental Evaluation Application to be submitted. GO TO STEP 6.

Project can proceed with categorical exemption review. The project has been reviewed by the

Preservation Planner and can proceed with categorical exemption review. GO TO STEP 6.

Comments (optional):

Preservation Planner Signature:

TO BE COMPLETED BY PROJECT PLANNER

STEP 6: CATEGORICAL EXEMPTION DETERMINATION

Further environmental review required. Proposed project does not meet scopes of work in either

(check all that apply):

Step 2 - CEQA Impacts

Step 5 - Advanced Historical Review

STOP! Must file an Environmental Evaluation Application.

Project Approval Action: Signature:

If Discretionary Review before the Planning Commission is requested,

the Discretionary Review hearing is the Approval Action for the project.

Once signed or stamped and dated, this document constitutes a categorical exemption pursuant to CEQA Guidelines and Chapter

31of the Administrative Code.

In accordance with Chapter 31 of the San Francisco Administrative Code, an appeal of an exemption determination can only be

filed within 30 days of the project receiving the first approval action.

Please note that other approval actions may be required for the project. Please contact the assigned planner for these approvals.

Bridget Hicks

04/02/2019

No further environmental review is required. The project is categorically exempt under CEQA.

There are no unusual circumstances that would result in a reasonable possibility of a significant

effect.

Planning Commission Hearing

TO BE COMPLETED BY PROJECT PLANNER

STEP 7: MODIFICATION OF A CEQA EXEMPT PROJECT

In accordance with Chapter 31 of the San Francisco Administrative Code, when a California Environmental

Quality Act (CEQA) exempt project changes after the Approval Action and requires a subsequent approval, the

Environmental Review Officer (or his or her designee) must determine whether the proposed change

constitutes a substantial modification of that project. This checklist shall be used to determine whether the

proposed changes to the approved project would constitute a “substantial modification” and, therefore, be

subject to additional environmental review pursuant to CEQA.

PROPERTY INFORMATION/PROJECT DESCRIPTION

Project Address (If different than front page) Block/Lot(s) (If different than

front page)

Case No. Previous Building Permit No. New Building Permit No.

Plans Dated Previous Approval Action New Approval Action

1700 IRVING ST

2019-001017PRJ

Planning Commission Hearing

1732/018

Modified Project Description:

DETERMINATION IF PROJECT CONSTITUTES SUBSTANTIAL MODIFICATION

Compared to the approved project, would the modified project:

Result in expansion of the building envelope, as defined in the Planning Code;

Result in the change of use that would require public notice under Planning Code

Sections 311 or 312;

Result in demolition as defined under Planning Code Section 317 or 19005(f)?

Is any information being presented that was not known and could not have been known

at the time of the original determination, that shows the originally approved project may

no longer qualify for the exemption?

If at least one of the above boxes is checked, further environmental review is required.

DETERMINATION OF NO SUBSTANTIAL MODIFICATION

Planner Name:

The proposed modification would not result in any of the above changes.

If this box is checked, the proposed modifications are categorically exempt under CEQA, in accordance with prior project

approval and no additional environmental review is required. This determination shall be posted on the Planning

Department website and office and mailed to the applicant, City approving entities, and anyone requesting written notice.

Date:

Draft Motion May 2, 2019

EXHIBIT D

Land Use Data

Conditional Use Authorization

Case No. 2019-001017CUA

1700 Irving Street

RECORD NO. 2019-001017CUA 1700 Irving Street

EXHIBIT X

Land Use Information PROJECT ADDRESS: 1700 IRVINGST

RECORD NO.: 2019-001017CUA

EXISTING PROPOSED NET NEW

GROSS SQUARE FOOTAGE (GSF)

Parking GSF - - -

Residential GSF - - -

Retail/Commercial GSF 1146 1146 0

Office GSF - - -

Industrial/PDR GSF

Production, Distribution, & Repair - - -

Medical GSF - - -

Visitor GSF - - -

CIE GSF - - -

Usable Open Space - - -

Public Open Space - - -

Other ( ) - - -

TOTAL GSF 1146 1146 0

EXISTING NET NEW TOTALS

PROJECT FEATURES (Units or Amounts)

Dwelling Units - Affordable - - -

Dwelling Units - Market Rate - - -

Dwelling Units - Total - - -

Hotel Rooms - - -

Number of Buildings 1 0 1

Number of Stories 3 0 3

Parking Spaces 0 0 0

Loading Spaces - - -

Bicycle Spaces 0 2 2

Car Share Spaces - - -

Other ( )

Draft Motion May 2, 2019

EXHIBIT E

Maps and Context Photos

Conditional Use Authorization

Case No. 2019-001017CUA

1700 Irving Street

RECORD NO. 2019-001017CUA 1700 Irving Street

Parcel Map

Conditional Use Authorization HearingCase Number 2019-001017CUANCD – Inner Sunset NeighborhoodCommercial Zoning District1700 Irving Street

SUBJECT PROPERTY

*The Sanborn Maps in San Francisco have not been updated since 1998, and this map may not accurately reflect existing conditions.

Sanborn Map*

SUBJECT PROPERTY

Conditional Use Authorization HearingCase Number 2019-001017CUANCD – Inner Sunset NeighborhoodCommercial Zoning District1700 Irving Street

Aerial Photo – View 1

SUBJECT PROPERTY

Conditional Use Authorization HearingCase Number 2019-001017CUANCD – Inner Sunset NeighborhoodCommercial Zoning District1700 Irving Street

Aerial Photo – View 2

SUBJECT PROPERTY

Conditional Use Authorization HearingCase Number 2019-001017CUANCD – Inner Sunset NeighborhoodCommercial Zoning District1700 Irving Street

Zoning Map

Conditional Use Authorization HearingCase Number 2019-001017CUANCD – Inner Sunset NeighborhoodCommercial Zoning District1700 Irving Street

SUBJECT PROPERTY

Site Photo

Conditional Use Authorization HearingCase Number 2019-001017CUANCD – Inner Sunset NeighborhoodCommercial Zoning District1700 Irving Street

Site Photo – View 2

Conditional Use Authorization HearingCase Number 2019-001017CUANCD – Inner Sunset NeighborhoodCommercial Zoning District1700 Irving Street

Draft Motion May 2, 2019

RECORD NO. 2019-001017CUA 1700 Irving Street

EXHIBIT F

Project Applications

Conditional Use Authorization

Case No. 2019-001017CUA

1700 Irving Street

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