350 Mission Street
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~~ COUNl,~. W~ ~P ~~ O~.~ SAN FRANCISCO H ,t PLANNING ~ DEPARTMENT O'b~S 0~51 Letter of Determination 1650 Mission St. Suite 400 San Francisco, March 2, 2017 CA 94103-2479 Reception: Daniel Frattin 415.558.6378 Reuben, Junius &Rose, LLP Fes: One Bush Street, Suite 600 415.558.6409 San Francisco CA 94104 Planning Information: Site Address: 350 Mission Street 415.558.6377 Assessor's Block/Lot: 3710, Lot 017 Zoning District: C-3-O(SD); 700-S-2 Staff Contact: Tina Chang,(415) 575.9197 or tina.chang@sf gov.org Record No.: 2017-000620ZAD Dear Mr. Frattin, This letter is in response to your request for a Letter of Determination regarding the property at 350 Mission Street. This parcel is located in the C-3-O (SD)(Downtown —Office -Special Development) Zoning District and 700-S-2 Height and Bulk District. The request is to seek an exception to the timing requirement for Condition of Approval No. 12 of Planning Commission Motion No. 18957 (Case No. 2013.0276BX) to allow the project to obtain its Certificate of Final Completion &Occupancy (CFCO) prior to completion of improvements required under its streetscape plan, including widening of the Mission and Fremont Street frontages. Condition of Approval No. 12 (Streetscape Plan) requires that the Project Sponsor must complete construction of all required street improvements prior to issuance of the first Temporary Certificate of Occupancy (TCO). The improvements include the widening of sidewalks along the project's Mission and Fremont Street frontages in accordance with the Transit Center District Plan. The process to develop and finalize the Transbay Plan Area streetscape design has been along-term planning effort involving collaboration between numerous City Agencies: Recognizing that the Project Sponsor would be unable to complete the widening pending completion of planning efforts, the Planning Department (Department) and Department of Public Works(DPW) agreed to allow issuance of a TCO for the Project with a proviso that the Final Certification of Completion and Occupancy ("CFCO") would not be issued until the required streetscape improvements were complete. On August 19, 2015, the Department of Building Inspection (DBI) issued the TCO for the project, which is now complete. Since issuance of the TCO, it has been renewed every 90 days as required by DBI. While the City has made progress on the Transbay Plan Area streetscape design, completion and processing has taken longer than initially contemplated. Your request notes "the Project Sponsor acknowledges that the requirement to expand the sidewalk remains an active condition of approval and will complete required work once the City finalizes the streetscape plans and issues the permit." You have requested permission to obtain the CFCO from DBI prior to completion of required street improvements because "ongoing delays to CFCO issuance would require the Sponsor to seek indefinite extensions of the TCO, and/or to further delay occupancy of the completed building:' www.sfplanning.org Daniel Frattin March 2, 2017 One Bush Street, Suite 600 Letter of Determination San Francisco CA 94104 350 Mission Street T'he Department notes that the Project Sponsor has been working in good faith with City Agencies to comply with the Streetscape Plan condition. To this end, the Department received a streetscape plan (Horizontal Control Plan, 11-13-2015 —attached) that has been verified by DPW to demonstrate that streetscape improvements for required street widening will include abulb-out at the corner of Fremont Street at Mission Street measuring approximately 29.5-feet wide for approximately 15.3-feet, neck down to a sidewalk width of approximately 20-feet along the majority of the project's Fremont Street frontage, until the sidewalk finally transitions to match the existing 15-foot sidewalk width along the rest of the block. Additionally, the Planning Department received evidence that the Project Sponsor has attained a $100,000 performance bond against related DPW Order /Permit No. 2011-OS-01-1461 that remains in full force and effect during the time of construction and for a period of three (3) years from the date of completion of the restoration of sidewalk and/or street improvements pursuant to Article 2.4 of the Public Works Code (attached). Based upon the information provided in your request, correspondence with DPW, and the performance bond that guarantees completion of the required sidewalk widening along Mission and Fremont Streets in compliance with the streetscape plan, I find that granting issuance of CFCO may be permitted without compromising Condition of Approval No. 12. It should be noted that details of the final streetscape improvements are subject to review and approval from the DPW and other affected City agencies, such as the San Francisco Municipal Transportation Agency. Failure to diligently pursue completion of this Condition of Approval, including approval and construction of the required sidewalk widening, may result in enforcement under Planning Code Section 176. 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 may be filed with the Board of Appeals within 15 days of the date of this letter. For information regarding the appeals process, please contact the Board of Appeals located at 1650 Mission Street, Room 304, San Francisco, or call (415)575-6880. Sincerely, Scott F. Sanchez Zoning Administrator Attachments: 350 Mission Street —Horizontal Control Plan, 11-13-2015 Street Improvement Bond — 350 Mission Street cc: Tina Chang, Planner Property Owner Neighborhood Groups SAN FRANCISCO 2 PLANNING DEPARTMENT 350 MISSION 350 Mission SVee~ San Francisco. CA 9V105 SOM R~~«A, row-~~~r ~~BKF xo sraavnc Ira•Bu 3H ~ Trr NO P1WVY. ~~11L~Bu1 ~ ~~ 1 a ~i - m~ N ~~ a a '... i HORIZONTAL ',. CANTROL PLAN C6.~~ Street Improvement Bond Bond No.: 1000876686 Premium: $1,Sa0.0012~rs. KNOW ALL MEN BY THESE PRESENTS: That KR 350 Mission. LLC (Hereinafter called the "Principal"), as Principal, and American Contractors Indemnity Company,of the City of Los Angeles, a corporation duly organized under the laws of the State of California,(hereinafter called the "Surety"), as Surety, are held and firmly bound unto the CITY AND COUNTY OF SAN FRANCISCO, CALIFORNIA (hereinafter called the "Obligee") in the sum of One hundred. thousand and OQ/104 Dollars ($1 Q0,000.00), for the payment of which sum well and truly to be made, said Prtncipal and said Surety, bind oursel~~es, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. Sealed with our seals and dated this 23rd day of October A.D. 20IS. WHEREAS, it is the intention. of the above-named Principal to construct improvements on (Assessor's Block and. Lot _~,fronting on 350 Mission St, in accordance with Building Permit Application No(s). 2011-08-01-1461. WHEREAS, upon. written application said Principal, by' the Department of Public Works Order/Permit No. 201.1-08-01-1461, was granted. permission. to excavate and. perform street andlor sidewalk work adjacent to the above mentioned property subject to the provisions in said Order/Permit No. 201 Y-08-Q1-1461. NOW,THEREFORE, the condition of the above obligation is such that if said Principal. complies with. the provisions of Department of Public Works Order/Permit No. 2011-0$- OI-14+G1, this obligation shall be null and void; however, it shall remain in full force and effect during the time of construction and for a period of three (3) years from the date of completion of the restoration of sidewalk and/or street improvements pursuant to Article 2.4 of the Public Works Code. KR 0 I'ss' '> C $Y ~ c ~ . ~-- ~' rincipal~ Amcric.~tn C~::fra~tors Indem~ity Comaanv cri L~a~~is; Ail'orney-in-tact (Revised 7/19100) Jl I'ERM[T APPL[CATIONSISt. Improvement Bund.doc CALtFORNlARLE.-PURPOSE ACKNpWLEDGMEN'~ A notary public or other officer complet'rr~g this certificate verifies anly the identity of the individual why signed the document to which this certi#irate is attached, and nvt the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On OCT 2 3 2015 before me, B. Wong. IVotary ~'ublic personally appeared, Kari Qa~is who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and ~cknowtedged to me that she execu#ed the same in her authorized capacity, and that by her signature on tt~e instrument the person, or the enkity upon behalf of which the person acted, executed the instrument. N certify under PENP,L"f'Y OF PERJURY under the taws at the State of California that. the foregoing paragraph 1s tree and. correct. :' 6, tivCNG WITNESS my hand and official seal. ~ :~ ,. Com~+a€s►on +r 2485088 ~~~ - ~~;~+ Rotary Pirbllc - CaiHornia ~~ ~~ ~ ' ? `.,'~ ,,,q~, Lbs Anpeles County p t ~,~ E:~pues Oct 24, 2Q~is }. My Comm. SlS3NdTURE OF NOTARY NOt~t"jl Pl3bIIG Seal QFT~+~NAL Though the data below is npt required by law; it may prove valuable to per5ans relying on the dc~~umant and could prevent fraudulen# reattachment a# this Corm. C}~SCRIpT10EV OF ATTACHES [3UCt1MENT. "I`ITLE t~'R TYPE QF DCJGUMEht'C: t~iUMBER QF PAGES: QC?CL?MN7 a~►X~: c,~~~►c~rY~~es~ c~.aiM~a ~v s~~nt~~tsy Signerls Name.