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S A N F R A N C I SC O
PLANNING DEPARTMENT
Notice
of Violation and Penalty ecision
1650 M issio
Suite 400
San Francisc
Date: December 31, 2015
CA 94103-2
Reception;
Property Owner: JQ Properties LP
415 558 6
1368 40th Street
F a x :
Emeryville, CA 94608 415 558 6
Business Operator:
1 9 2 0 C L L C
Planning
Information:
950 Grant Avenue,
n d
Floor
415 558 6
San Francisco CA 94108-1302
Site Address: 50 Grant Avenue
Assessors Block/Lot:
194/035
Complaint Number: 015-005193ENF
Zoning District:
VR (Chinatown-Visitor Retail)
Code Violation: ection 171 (Compliance of Uses Required)
Section 803.2 (Uses Permitted in Chinatown Mixed Use Districts)
Section 811.1 (Chinatown Visitor Retail District)
Administrative Penalty: See Penalties Section Below
Response Due:
ithin 30 days from the date of this Notice
Staff Contact:
ario Jones, (415) 558-6477 or [email protected]
DECISION:
OTICE OF VIOLATION AND PENALTY UPHELD
DESC RIPT ION OF V IOL T ION
The Zoning Administrator has determined that the above referenced property is in violation of the
Planning Code Sections listed below:
Violation of Planning Code Sections 171; 803.2; 811.1: The second-story of the subject property, a three-
story, 15,660 square foot building, has illegally converted from a retail/commercial use to a co-working or
Office (see attached definition of Planning Code Section 890.70) use known as 1920C . Office use is not a
permitted use within the Chinatown-Visitor Retail (CVR) Zoning District (Planning Code Section 811.1)
and is a violation of Planning Code Sections 171, 803.2 and 811.1.
Pursuant to Planning Code Section 171, except as otherwise provided in the Code, structures and land in
any district shall be used only for the purposes listed as permitted in that district, and in accordance with
the regulations established for that district.
T IMEL INE
On April 28, 2015, a Notice of Enforcement (attached) was issued by the Planning Department regarding
the unauthorized establishment of an Administrative Office use per Planning Code Section 811.70.
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950 Grant Avenue
otice of Violation and Penalty Decision
December 31, 2015
On May 8, 2015, Enforcement Planner, Dario Jones, conducted an interior site inspection to the second
story of the subject property. At the time of the inspection, 1920Cs co-working operation was consistent
with an Office use as defined in Planning Code Section 890.102.
On May 13, 2015, the Planning Department received a written response describing the operational
attributes of 1920C.
On May 15, 2015, the Planning Department requested additional information, including frequency of use,
and floor area, via email (see Notice of Violation, attached).
On May 18, 2015, the above-requested information (attached) was received by the Planning Department.
On June 19, 2015, based on the findings from the inspection and evaluation of the operational attributes at
that time, it was determined that an office use was operating from the second-story. A Notice of Violation
and Penalty (attached) was issued to the occupants and the property owner.
On July 13, 2015, a response (attached) to the Notice of Violation was received. The response included
signatures of support, floor plan, and photos of 1920C.
On July 15, 2015, a Zoning Administrators hearing on the matter was held at the Planning Department to
hear evidence regarding the use of the second story of the subject property.
On September 23, 2015, a meeting between the Zoning Administrator, Scott Sanchez, and Planning
Department staff, Dario Jones, and Christine Haw, was held with the founders of 1920C, Jenny Chan and
Molly Bacon, in addition to Ms. Chelsea Maclean, attorney. This meeting addressed 1920Cs operational
changes to the co-working component as noted in supplemental information received (via email) by the
Planning Department on September 11, 2015.
On October 15, 2015, Enforcement Planners, Dario Jones and Laura Lynch, conducted a second interior
site inspection where it was found that the co-working operation was no longer occupied by the office
use known as Whil and Refresh.
On October 26, 2015, a meeting between the Planning Department, Chinatown Community Development
Center and the co-founders of 1920C was held to discuss potential solutions to bring 1920Cs operation
into compliance.
E V ID E N C E P R E S E N T E D A T T H E Z O N I N G A D M IN I ST R A T O R S H E A R I N G
During the Zoning Administrators hearing, the business operators, Ms. Jenny Chan and Ms. Molly
Bacon, founders of 1920C LLC, were represented by their attorney, Ms. Chelsea Maclean (Holland
Knight). In addition, more than 50 members of the public attended the hearing and expressed support
for the business operators.
During the hearing, Ms. Maclean argued that the use of the subject property is not a co-working space,
but an entity comprised of several uses (all of which are permitted in the CVR Zoning District) including
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950 Grant Avenue
otice of Violation and Penalty Decision
December 31 2015
retail, institutional, and professional service uses all open to the public; and these uses should be
permitted to continue based on the following:
Signatures of support from the Chinatown community
1920Cs operations meet the spirit and intent of the CVR Zoning District
Percentage of floor area devoted to each use
Additional co-working spaces currently operating.
D E C I S I O N
NOTICE OF VIOLATION AND PENALTY UPHELD
The Zoning Administrator upholds the Notice of
Violation and Penalty issued on June 19, 2015, but suspends assessment of daily administrative penalties,
for the following reasons:
I N T R O D U C T I O N
At the time the Notice of Violation and Penalty was issued, 1920C was operating as an office use in
violation of the Planning Code; however, since the Zoning Administrator hearing, 1920C has made efforts
to modify their operation to achieve compliance with the CVR Zoning District. This notice serves to
acknowledge these efforts and document additional steps (outlined below) required to bring 1920C into
compliance with the zoning controls of the CVR Zoning District. While this decision upholds the Notice
of Violation and Penalties, the Planning Department will not assess daily administrative penalties
provided 1920C completes the required compliance actions outlined below.
B C K G R O U N D
Planning Department records of the subject property indicate the last authorized use of the second-story,
an approximate 4,200 square foot open floor plan, is for a full-service restaurant use (dba Grand
Palace ). However, the second-story has remained vacant for the last five to seven years. As noted above,
the Planning Department began an investigation on April 28, 2015, in response to a complaint alleging an
unauthorized change of use from a restaurant to an office use known as 1920C.
At the time of the inspection, it was confirmed an office use was the primary operation with the primary
occupant was an office use comprised of 18 members or employees, known as Whil and Refresh.
E F F O R T S T O C H I E V E C O M P L I N C E
As discussed above, 1920C has made efforts to achieve compliance with the Planning Code. These efforts
include:
1
dentifying a permitted primary use, a non-profit institutional use known as Pacific Atrocities
Education ;
Per Planning Department Notice of Violation, dated June 19, 2015, page 2 (attached), 1920C had previously leased space to a business known as Whil
and Refresh . A site inspection and review of its operation confirmed that the business was consistent with the definition of office use; and, office is
not permitted in the CVR Zoning District.
Supplemental Information, dated September 30, 2015, regarding 1920cs Member Update and Hours of Operation, page 2.
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otice of Violation and Penalty Decision
December 31 2015
2.
Initiating changes to its membership structure by restricting the size of its co-working members
and restricting future office use entities from operating within 1920C;
3.
Clarifying additional accessory use operations; including personal service use and retail use; and,
4.
1920C has agreed to delineate the co-working/office use to no more than 1/3 of the total floor
area.
In addition, members of the co-working component are required to participate in 1920Cs overall
operations in order to ensure the accessory co-working use is a necessary and integral part of 1920Cs
primary use. In addition, this step brings the co-working use into conformance with the accessory use
provisions of Planning Code Section 803.2(C)(i), attached.
C O M P L I N C E C T I O N S R E Q U I R E D
Within thirty (30) days of this letter, the Planning Department requires the following actions to achieve
compliance with the zoning controls for the CVR Zoning District, including:
The approximate floor area of the second story is 4,230 square feet. The Planning Department
requires 1920Cs existing accessory uses to occupy an area no more than 1410 square feet; or, 1/3
of the total floor area. This includes the 288 square foot conference room (see attached floor
plan). Planning Departments Enforcement staff must be updated should 1920C add any new
operations.
2.
A Building Permit Application ( Permit ) is required to document the above requirement and the
change of use from a full-service restaurant to an institutional use. You must file the Permit
application and floor plans with the Department of Building Inspection for review by the
Planning Department. 1920C shall meet with Planning Department staff before filing the Permit
to ensure the floor plans clearly delineate 1920Cs operations to meet the above requirement.
Additional means to ensure compliance may be required. Once submitted, the Permit must be
diligently pursued to completion.
3.
The Planning Department requires 4 quarterly updates over the course of the next year. These
updates shall report the frequency of use for all 1920Cs operations, report on the contributions
from co-working members to the non-profit use, reports on any new uses, and the number of
members using the co-working space. Planning Department enforcement staff will continue to
monitor 1920Cs operations to ensure compliance with the CVR Zoning controls and will
continue to respond to any complaints received from the public.
C O N C L U S I O N
The Planning Department acknowledges the efforts of 1920C to achieve compliance with the Planning
Code. Although the Notice of Violation is upheld, daily administrative penalties will not be assessed if
1920C completes the compliance actions above.
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950 Grant Avenue otice of Violation and Penalty Decision
December 31 2015
P E N L T I E S
Pursuant to Planning Code Section 176, the administrative penalties of 250 per day have been assessed
to the responsible party for each day the violation continues unabated, excluding the period of time the
Notice of Violation and Penalty has been pending before the Zoning Administrator. A Notice of
Violation and Penalty was issued on June 19, 2015, and the Zoning Administrator Hearing was held on
July 19, 2015. No penalties are due at this time; however, failure to take the compliance actions as
noted above will result in the issuance of an Updated Notice of Violation and Penalty that resumes
assessment of the daily administrative penalties.
E N F O R C E M E N T T IM E N D M T E R I L S F E E
Pursuant to Planning Code Section 350(c)(1), the Planning Department shall charge for Time and
Materials to recover the cost of correcting Planning Code violations. Additional fees will continue to
accrue until the violation is abated. This fee is separate from the administrative penalties as noted above
and is not appealable.
P P E L S
This decision letter and any assessed penalties may be appealed to the Board of Appeals within the 15-
day time limit from the date of this decision. Again, the time and materials fees are not appealable. The
Board of Appeals may not reduce the amount of penalty below 100 per day for each day that the
violation exists, excluding the period of time that the matter has been pending either before the Zoning
Administrator or before the Board of Appeals. For further information, please contact the Board of
Appeals in person at 1650 Mission Street, (Room 304) or call (415) 575-6880.
Sincerely
Scott F. Sanchez
Zoning Administrator
Enc:
lanning Code Section 890.70
Supplemental Information regarding 1920Cs Accessory Co-Working Uses (September 11, 2015)
Supplemental Information regarding 1920cs Member Update and Hours of Operation (September 30, 2015)
Notice of Violation Penalty (issued June 19, 2015) and Notice of Enforcement (issued April 28, 2015)
Cc: aniel Lowrey - Deputy Director, Department of Building Inspection
Ms. Chelsea Maclean, Attorney- Holland Knight
Roy Chan (via email), Community Planning Manager, Chinatown Community Development Center
Dario Jones-Enforcement Planner-Planning Department
Christine Haw-Enforcement Supervisor-Planning Department
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950 Grant Avenue otice of Violation and Penalty Decision
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Per Planning Code Section
890.70(a), Office use shall mean space within a structure or portion thereof
intended or primarily suitable for occupancy by persons or entities which perform, provide for their own
benefit, or provide to others at that location services including, but not limited to, the following:
Professional; banking; insurance; management; consulting; technical; sales; and design; and the non-
accessory office functions of manufacturing and warehousing businesses; all uses encompassed within
the definition of office in Section 219 of this Code; multimedia, software development, web design,
electronic commerce, and information technology; all uses encompassed within the definition of
administrative services in Section 890.106 of this Code; and all professional services as proscribed in
Section 890.108 of this Code excepting only those uses which are limited to the Chinatown Mixed Use
District.
(b) Office use shall exclude: retail uses; repair; any business characterized by the physical transfer of
tangible goods to customers on the premises; wholesale shipping, receiving and storage; and design
showrooms or any other space intended and primarily suitable for display of goods.
Per Planning Code Section
803.2(C)(i), Accessory Uses, Subject to the limitations set forth below and in
Sections 204.1 (Accessory Uses for Dwelling Units in R Districts) and 204.5 (Parking and Loading as
Accessory Uses) of this Code, a related minor use which is either necessary to the operation or enjoyment
of a lawful principal use or conditional use or is appropriate, incidental and subordinate to any such use,
shall be permitted in Chinatown Mixed Use Districts as an accessory use when located on the same lot.
Any use not qualified as an accessory use shall only be allowed as a principal or conditional use, unless it
qualifies as a temporary use under Sections 205 through 205.2 of this Code. No use in a Chinatown Mixed
Use District will be considered accessory to a principal use which involves or requires any of the
following: (i) The use of more than 1/3 of the total floor area, occupied by both the accessory use and the
principal use to which it is accessory, combined, except in the case of accessory off-street parking.
558 6378
Para infomiacin en spanol 11amar at: 558 6378
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Holland Knight
50 California Street, Suite 2800 San Francisco, CA 941111 T 415.743.6900 F 415.743.6910
Holland Knight LLP www.hklaw.com
Chelsea Maclean
(415) 743-6979
September 11, 2015
Sent via email: [email protected]
Scott Sanchez
1650 Mission St.
Suite 400
San Francisco, CA 94103-2479
Dario Jones
1650 Mission St.
Suite 400
San Francisco, CA 94103-2479
Site Address:
95 Grant Avenue
Assessors Block/Lot: 0194/0051 93ENF
Zoning District: CVR (Chinatown V isitor Retail)
Re: Supplemental Information Regarding 1920c s Accessory Co-working Use
Dear Mr. Sanchez:
Thank you for speaking with me regarding 1920c LLC s (1920c) pending enforcement matter.
As a follow-up to our discussion, I would like to submit the following additional information on
behalf of 1920c. While our discussions have centered around 1920cs co-working use, this use is
not 1920c s primary use. In further reviewing the distribution of 1920c s uses in relation to the
San Francisco M unicipal Code (CFMC), we note that w hen 1920cs unique permitted uses are
considered, the co-working space m eets the SFMC s definition of an accessory use to principally
permitted uses. 1920c s combination of uses that support the community make 1920c truly
unique. The deluge of support leading up to and at the Zoning A dministrator hearing
demonstrate the support for the exceptional comm unity uses. The following discussion provides
additional detail.
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The SFM C defines accessory uses in the Chinatown Mixed Use D istrict
as follows:
(C)
ccessory
Uses. Subject to the limitations set forth below and in S ections 204.1
(Accessory Uses for D welling Units in R Districts) and
204.5
(Parking and Loading as
Accessory Uses) of this Code, a related minor use which is either
necessary to the
operation or enjoyment of a lawful principal use or conditional use or is
appropriate
incidental and subordinate to any such use
shall be permitted in Chinatown M ixed Use
Districts as an accessory use wh en located on the sam e lot. Any use not qu alified as an
accessory use shall only be allowed as a principal or conditional use, unless it qualifies as
a temporary use under Sections 205 through 205.2 of this Code.
No use in a Chinatown M ixed Use District will be considered accessory to a
principal use which involves or requires any of the following:
(i) The use of more than 1/3 of the total floor area occupied by both the
accessory use and the principal use to which it is accessory, combined, except in the case
of accessory off-street parking. (SFMC , 803.2 (C ),
emphasis added)
We address the accessory use d efinition in several respects.
Principal Permitted Uses
First, we note that the June
25 2015 N otice of Violation identifies several of 1920cs perm itted
uses. These include Re tail (including selling jewelry, artwork and p rints), Professional Service
(including marketing, and financial consulting services for n onprofits and businesses), Personal
Service (including yoga, bible study, piano lessons, pick-up/drop-off laundry), and Other
Institutional Uses (the n on-profit organization know n as Pacific Atrocities Education). The fact
that these uses are permitted has not been questioned.
The following considers the relationship of the co-working use to these permitted uses. We note
that an accessory use must be necessary
to the operation or enjoym ent of a lawful principal use
or conditional use OR is appropriate incidental and subordinateto any such use. An accessory
use need only b e necessary to a permitted use OR appropriate, incidental and subordinate to a
permitted use. Nonetheless, we address both qualifications. Notably 1920cs co-working space
meets both qualifications.
As discussed in our July 13, 2015 Response to Notice of Violation letter, we note that the SFMC allows
flexibility in the Chinatown Mixed Use District. Office use is defined as space within a structure or portion
thereof intended or primarily suitable for occupancy by persons or entities which perform, provide for their own
benefit, or provid e to others at that location services including, but not limited to.. ..all profession al services as
proscribed in Section 890.108 of this Code excepting only those uses which are limited to the Chinatown Mixed Use
District.
(San Francisco Municipal Code (SFMC ) 890.70(a),
emphasis
added) The office use exception for
professional uses in the C hinatown M ixed Use District reflects flexibility w ithin the Chinatown Visitor Retail
District that is relevant background to the discussion of the applicable zoning d istrict.
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Necessary to Permitted Use
First the co-working use is necessary to the other lawful uses. As previously noted while the co-
working use is not a primary use in terms of floor space it generates revenue that supports the
principal uses.
Further, 1920c s membership agreement requires members to share skills. For example, co-
working users are required to collaborate and teach other mem bers skills as mentioned in the
Community Rules. The following excerpt highlights the required community contribution:
GOLDEN RULE
Leave any space you use as you found it or better than how you found it. For
more golden rules please review our house rules on the right.
Contributing To The Community
Every member is responsible for
contributing to the community and helping run the space. Each member is
considered an individual member regardless if you are a part of a team.
Community Members must attend monthly Community Meetings unless they
cannot attend and must contact us prior. Community members contribute in
multiple ways as listed in the Community Rules but they also contribute by
collaborating and sharing their skills with others in the space. We ask that
every member either hosts workshops consult members or spends time
sharing there skills with other members in need.
Skill Sharing All members must flit in there skills on the application. The
Community Manager will facilitate introductions to all those seeking to
learn a new skilL as well as introducing people to others with the same
skills. We host bounce hours every week and members who are available
are required to attend to give feedback to other members in need.
On the a pplication for me mbershi2l mem bers must list their skills and what they want to learn.
Com munity mem bers also must attend the monthly Comm unity Meetings and give feedback on
the functions and operations of the space. Mem bers are also required to attend Bounce H ours
weekly and give feedback on things other mem bers need. Co-working mem bers are a critical
component to the comm unity that is 1920c.
Appropriate Incidental and Subordinate to Permitted Use - less than 113 of total floor area
While the co-working use is an integral part of the overall operations it is not a primary use.
Specifically the co-working space does not occupy more than 1/3 of the total floor area occupied
by both the accessory use and the principal use. We have attached a floor plan similar to that
1920c Com munity Rules are available here: http://www. 1
920c.com/Community rules/
1920c App lication is available here: http://www . 1920c.com/harvest full time/.
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previously submitted but have labeled the uses in terms of permitted SFMC uses. Specifically,
we have identified the permitted Retail, Institutional, Professional Services and Personal Service
uses. The following considers various scenarios in relation to the total shared floor plan.
Accessory co-working: The Accessory co-working space occupies 500 sq.ft. or
11.8
o
the shared floor plan.
Accessory co-working Personal Service conference room: We have labeled the
conference room as Personal Service because of the yoga and other classes that occur
there. Acknow ledging that the conference room is som etimes used by co-working
members, even if the conference room square footage is added to the Accessory co-
working space, the combined 788 sq. ft. occupies
18
of the shared floor plan.
Accessory co-working Personal Service conference room Professional
Service/Institutional: Moreover, w e have further differentiated the Accessory co-working
space from the Professional Service/Institutional space utilized by individual consultants,
including translators and studen ts. Even if the Professional Service/Institutional space is
added to the Accessory co-w orking space and the Personal Service conference room , the
shared 1088 sq.ft. occupies approximately 25.7% of the shared floor plan.
Under any of these scenarios, the co-working space occupies less than 1/3 of the total floor plan
and is appropriate, incidental and subordinate to the principally permitted uses.
To further support the accessory nature of the co-working space, the principals of 1920c are
willing to consider and implement the following actions:
Continue to market, support, and foster the principally permitted uses. The 1920c
principals have focused their website and marketing efforts on the co-working use as that
is the use that necessitates the most marketing. Other community uses have not
necessitated the same level of advertising. For example, the Pacific Atrocities Education
(PAE ) actors utilize the PAE space for theater rehearsals and further marketing is not
necessary. The principals of 1920c will continue to focus on the Institutional and
Professional Service elements of the space and de-emphasize the co-w orking element.
By way of example, we have previously noted that the art gallery continues to gain
prominence and can be further highlighted on the website.
2.
Amend 1 920c s Membership Agreement to restrict non-Professional Service co-working
users to the designated co-working space on the floor plan. To differentiate between
Professional Service and non-Professional Service users, individual users such as
marketing consultants, students, translators would be permitted in the Professional
Service area. Businesses would be lim ited to the Accessory co-working space.
Institutional users would continue to use the Institutional designated space.
3.
Explain, in the member orientation and throughout member occupancy, the restriction of
co-working users to the designated space.
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4. Consider ways to physically differentiate the Accessory co-working space e.g. with paint
or other demarcation). The 1920c principals believe, however, that any sort of wall or
barrier would inhibit the collaborative relationship between the co-working u sers and
other users and could lead to a cubicle feeling that would be counter-productive.
The 1920c principals intend to self-enforce these actions. We further expect that the restriction
of these users to the designated space would b e enforced by the C itys enforcement officers and
interested com munity members (including the C hinatown Comm unity Development
Commission (CCDC)). We note that the 1920c principals have discussed the concepts reflected
in this letter with members of CCDC and belive that CCDC is in support of the approach.
We appreciate your time and consideration. We look forward to discussing terms that allow
1920c to operate their business in an economically viable manner. Once you have an opportunity
to review this letter, we request an oppo rtunity to meet with you to discuss.
Sincerely,
ll(,,)LLA .ND& KN I6111 I LI
I
i...i
\i \t Ic;i
Cc: olly Bacon, 1920c (via email)
Jenny Chan, 1920c (via email)
Attachments Revised 1920c & PA E Floor Plan
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1920
C PAE Floor Plan
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September 30, 2015
Sent via email: [email protected]
dario jonessfgov org
Scott Sanchez
1650 M ission St.
Suite 400
San Francisco, CA 94103-2479
Dario Jones
1650 M ission St.
Suite 400
San Francisco, CA 94103-2479
Site Address:
95
Grant Avenue
Assessors Block/Lot: 0194/0051 93EN F
Zoning D istrict: CVR (Ch inatown V isitor Retail)
Re: Supplemental Information Regarding 1920c s Member Update and Hours of
Operation
Dear Scott and D ario,
Thank you for m eeting with us last week and taking the time to hear about the updates and
direction our company , 1920c, is going towards. As discussed, I wanted to follow up with the
new information of memb ership and hours of operation in our space.
Mem ber Updates
Whil and Refresh have left our space and we are w orking on branding and attracting more
nonprofit organizations and freelancers. We are only looking for small teams and individuals and
will not be accepting any large startup tech teams. W e are really hoping to build a collaborative
comm unity and specifically looking for socially driven organizations who w ould benefit from
having space in Chinatown . We have been giving tours to nonprofits recently and are hoping to
get more so on as w ell as continue to attract freelancing professionals. it is important, however,
that we have the opportunity to accept at least some non-Professional Service mem bers to
ensure our financial viability, subject to the parameters we suggested in our S eptember 11
Supplemental Information Regarding 1 920cs Accessory Co-work Use.
Current Mem bership
M elissa Huang - Translator
Jack Chang - Prepaid card retailer
Jason Pape and Paola - Hospitality Consultant
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Bob W oehrl - Freelance Marketer
Agnes Lau and M indy Wong - Medical / Medicare agents
Jenny Chan, Jason Cho, Derek Pua, Denali Marsh - PAE
Tim Hall: Freelance Photographer
Anthony, Jenessa, Grace, M aria: Students
Clarification on h ours of operation
Use
ours of
Comments
Area of Use
Operation
PAE Employees
24/7 Access
4 employees
Institutional
Average Use: 50
hours/week
PAE Theatre Monday, PAE employees
Institutional
Performers
Wednesday, Friday,
rehearse for their
Saturday 7-9Pm
theatre performances
Average Use: 12
hours/week
PAE Exhibits/
Mondays (12-1PM)
Lunch and Learns
Institutional
Lunch and Learns
Weekends (2x
happen on a recurring
Month)
basis and same with
Average Use: 10
Exhibits held by
hours/month
community members
Gallery Exhibits and
Monday-Friday
Our gallery is open to
Retail
Retail Sales of Art 9am-6pm the public on display
Fridays 1X
and for sale
(9pm- 10pm)
Monday-Friday
Average Use: 50
9am-6pm. Once a
hours/week
month we also have
an art show open to
the public from
9pm- Opm.
Meeting R oom
Able to be booked
The room is rented by
Personal Service,
Monday-Sunday
all types of
Institutional
2am-10pm
individuals and
Average Use: 22
groups for personal
hours/month
and professional uses.
Events
Day and Evenings
We host workshops,
Personal Service,
Average Use: 25
skill sharing events,
Institutional
hours/month
and others rent space
We note that the Chinatown Mixed Use District allows Other Institutions uses, which inludes Assembly and
Social Service" Uses (Section 811.81, 890.50)
See note 2.
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to host workshops,
talks, and events.
Day Passers Hourly
Monday-Friday
W e get about 1-8
Accessory
Rental of Desk
9am-6pm
customers/week
Coworking and
Average Use: 30 Professional Services
hours/week
Membership Open
Monday-Friday W e have about 4 Accessory
Desk
9am-6pm
mem bers who have Coworking and
Average Use: 30 open desk and they Professional Services
hours/week come in about
1 5
days of the week.
Membership
Monday-Sunday
8 mem bers have Accessory
Full-Time
24/7 Access
access to the space Cowo rking and
Average Use: 30 24/7 but they mostly Professional Services
hours/week come in one
days
a week depending on
the person
Sincerely,
Molly acon
Cc:
helsea Maclean ([email protected]
)
37385 79v I
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j
920c PAE Floor Plan
LL
CM4.1s
ttfwok AM
Scales NTS
f
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1 OLT V J
S N F R N C IS C O
PL NNING DEP RTMENT
N O TIC E O F VIO L TIO N
1 6 5 M i s s i
S u i t e 4
June
19, 2015
San Franci
CA 94103
Property Owner
Reception:
JQ
Properties LP
415.558.
33 Tyson Circle
F a x :
Piedmont, CA 94611
415.558.
Occupant
Planning
Informat ion
1920C LLC
415.558.
950 Grant Avenue,
n d
Floor
San Francisco CA 94108-1302
Site Address:
950 Grant Avenue
Assessors BlockfLot:
0194/035
Complaint Number
2015-005193ENF
Zoning District:
CVR (Chinatown-Visitor Retail)
Code Violation:
Section 171 (Compliance of Uses Required)
Section 803.2 (Uses Permitted in Chinatown Mixed Use Districts)
Section 811.1 (Chinatown Visitor Retail District)
Administrative Penalty:
Up to $250 Each Day of Violation
Response Due:
Within 15 days from the date of this Notice
Staff Contact:
Dario Jones, (415) 558-6477 or [email protected]
The Planning Department has determined that the above referenced property is in violation of the
Planning Code. As the owner or leaseholder of the subject property, you are a responsible party to
bring the above property into compliance with the Planning Code. Details of the violation are discussed
below:
D ES C R I PT IO N O F V IO L T IO N
The second-story of the subject property, a three-story, 15,660 square foot building, has illegally
converted from a retail/commercial use to an Office use known as 1920C . Office use is not a permitted
use within the Chinatown-Visitor Retail (CVR) Zoning District (Planning Code Section 811.1) and is a
violation of Planning Code Sections 171, 803.2 and 811.1. Pursuant to Planning Code Section 171, except
as otherwise provided in the Code, structures and land in any district shall be used only for the purposes
listed as permitted in that district, and in accordance with the regulations established for that district.
B CKGROUND
Planning Department records indicate that the second-story, an approximate 4,200 square foot open floor
plan, is authorized for a restaurant use (dba Grand Palace ). On April 28, 2015, the Planning
Department issued a Notice of Enforcement (attached) and conducted an inspection, by Department staff,
Dario Jones, on May
8 2015.
On May 13, 2015, a response (attached) was received by the Planning
Department from 1920C that gave further detail to 1920Cs operations, including hours of operation, floor
1
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otice of Violation and Penalty
Complaint No.: 2015-005193ENF
une 19 2015
area, and other uses. This notice serves to acknowledge 1920Cs timely response to the Notice of
Enforcement, 1920Cs commitment to the Chinatown community, and to serve notice that 1920Cs co-
working space, located on the second-floor of the subject property, is determined to be a violation of the
Planning Code for the following reasons:
Co W orking Space
Per 1920Cs response, 1920C is comprised of many operations including a co-working space. The co-
working operation rents desk space, office equipment, and provides public access at hourly, daily, and
monthly rates; and, 1920C requested that this operation be considered a Sales and Service, Other Retail
use per Planning Code Section 890.102 (attached). However, although the public may rent office
equipment and desk space, 1920C is providing a space for persons and entities, which provide for
themselves, or for others, services that are consistent with the definition of an Office use.
Per Planning Code Section 890.70(a),
Office use mean s space within a structure or portion thereof intended or
primarily suitable for occupancy by persons or entities which perform, provide for their own be nefit, or provide to
others at that location services including but not limited to the following: Professional; banking; insurance;
mana gemen t; consulting; technical; sales; and design; and the non-accessory office functions of manufacturing and
warehousing businesses; al l uses encompassed within the definit ion of general off ice in
Planning
Code Section
102; multimedia, software d evelopment, web design, electronic comm erce, and information technology; al l uses
encomp assed within the definition of administrative services in Section 890.106 of this Cod e; and all professional
services as proscribed in Section 890.108 of this Code excep ting only those uses which are limited to the Chinatow n
Mixed Use District. (b) Office use shall exclude: retail uses; repair; any business characterized by the physical
transfer of tangible goods to customers on the premises; wholesale shipping, receiving and storage; and design
showroom s or any other space intended an d primarily suitable for display of goods.
In addition, 1920C states the co-working space is shared by both individuals
and an eighteen member
entity
3
, known as Whil and Refresh (A.K.A whil Concepts, Inc. ). It was noted that 1920C and whil
Concepts, Inc. currently maintains a month-to-month agreement 4
and although this agreement may
terminate the end of June, whil Concepts, Inc. maintains desk space from 9am to 5pm, Monday through
Friday. The operations of Whil and Refresh are described as:
Whil: Whil is a digital health and wellness training platform ; and,
Refresh Body: A platform that allows individuals to directly book massage therapists, Pilates,
yoga, and even haircuts. All members here focus on marketing and customer relationships
After review of Whil and Refresh websites and their operations in addition to the use of the second floor
as a co-working space, both are consistent with the definition of Office use. Office use is not listed in the
CVR Zoning District Table 811. Pursuant to Section 803.2(b)(2), uses that are not listed are not permitted
in a Chinatown Mixed Use District unless determined by the Zoning Administrator to be a permitted use.
As noted above, the co-working space is considered to be an Office use; therefore, it is not permitted and
a violation of the Planning Code.
1920C, Response to Notice of Enforcement, May 13, 2015, Exhibit A, Page 9
2
1920C, Response to Notice of Enforcement, May 13, 2015, Pages 7, 8
1920C, Response to Notice of Enforcement, May 13, 2015, Page 7
1920C, Response to Notice of Enforcement, May 13, 2015, Exhibit I, 1920C Membership Agreement
S A N F R A N C I S C O
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otice of Violation and Penalty
Complaint No.: 2015-005193ENF
une 19 2015
Among the uses listed in Section 811.1, the co-working use most closely resembles an Administrative
Service Use (see definition below); however, this use is prohibited per Section 811.70.
Per Planning Code Section 890.106, Administrative Service is
a
use, generally an office use, which provides
executive, managemen t, administrative, clerical and other services exclusively to the business com munity and not to
the general pu blic. It does not include services wh ich are available to the gen eral public. Administrative services
may include accesso ry storage, but not the storage of building m aterials, contractors equipment, or m aintenance
equipment for nonresidential structures, or items, other than samp les, for wholesale sale.
Other Uses
Retail Personal Service Professional Service
and Other
Institutional Uses
In addition to co-working space, your response and the site visit indicate that 1920C incorporates a
variety of other uses, including retail, personal service, professional service, and other institutional uses.
The identified Personal Service uses (including: yoga, bible study, piano lessons, pick-up/drop-off
laundry service) and Retai1
uses (including: selling snacks and art gallery) are permitted under Sections
811.52 and 811.40a; however, these uses do not appear to be the primary use of the subject location (they
do not appear to occupy the subject location full-time and do not appear to occupy a significant amount
of floor area). This was noted in your May 18th response
7
(attached) and during the time of the site
inspection.
The identified Professional Service 8
use (marketing consulting services) is permitted under Section 811.53;
however, this use does not appear to be the primary use of the subject location (this use does not appear
to occupy the subject location full time and does not appear to occupy a significant amount of the floor
area). This was noted at the time of the site inspection.
The identified Other Institutions use
9
(the non-profit organization known as Pacific Atrocities Education
- PAE ) is permitted under Section 811.81; however, this use does not appear to be the primary use of
the subject location. PAEs operation is described as occupying 2,000 square feet , in conjunction with an
art gallery, and operates with 10 volunteers, 2 contractors, and one remote worker from 9am to 5pm.
However, during the time of the inspection, no volunteers were identified and one desk was identified as
the area where PAE operates.
Personal Service use is defined under Planning Code Section 890.116 (attached) and permitted only on
the
n d
story in the CVR Zoning District per Section 811.52.
6
Retail use is defined under Planning Code Section 890.102 (attached) and is permitted in the CVR
Zoning District per Section 811.40a.
1920C, Response to Notice of Enforcement, May 18, 2015, Pages 1-2
8
Professional Service use is defined under Planning Code Section 890.108 (attached) and permitted only
on the
n d
floor in the CVR Zoning District per Section 811.53.
9
Institutional Service Use is defined under Planning Code Section 890.50, attached, and permitted in the
CVR Zoning District per Section 811.81.
1920C, Response to Notice of Enforcement, May 13, 2015, Page 2
1920C, Response to Notice of Enforcement, May 18, 2015, Page 1
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otice of Violation and Penalty
Complaint No.: 2015-005193ENF
une 19, 2015
Although the above listed uses retail, personal service, professional service, and other institutional uses)
may be permitted in the CVR Zoning District, their operations do not occupy the second-story full-time
and/or do not occupy a significant amount of floor area. The primary use of the subject space is the co-
working use, which occupies half of the floor area towards the rear of the second-story including the
conference room) and operates full-time, 9am-5pm, Monday-Friday. The co-working space is considered
an Office use and is the primary use of the subject space; therefore, the subject property is operating in
violation of the Planning Code.
TIMELINE OF INVESTIG TION
On April 28, 2015, a Notice of Enforcement was issued by the Planning Department regarding the
unauthorized establishment of an Administrative Office use per Planning Code Section 811.70.
2
On May 8, 2015, Enforcement Planner, Dario Jones, conducted an interior site inspection to the
second story of the subject property where it was found that the co-working operation of 1920C
was consistent with that of an Office use as defined in Planning Code Section 890.102.
3
On May 13, 2015, the Planning Department received a written response describing the
operational attributes of 1902C.
4
On May 15, 2015, the Planning Department requested additional information, including
frequency of use, and floor area, via email attached).
On May 18, 2015, the above requested information attached) was received and reviewed by the
Planning Department.
HOW TO CORREC T THE VIOL TION
The Planning Department requires that you immediately proceed to abate the violation as following:
The Planning Department requires that you immediately proceed to cease and desist all Office
uses, including any operation from an individual or entity that provides for themselves or others
services that are included in the definition of Office use, Planning Code Section 890.70; and,
If you wish to operate a permitted use, you must file a building permit application and floor
plans to document the change of use.
Please contact the Department of Building Inspection DBI) regarding the Building Permit
process at:
The Department of Building Inspection DBI), 1660 Mission Street, San Francisco, CA 94103,
415) 558-6088; or, website: www.sfgov.org/dbi
PL NNING DEP RTMENT
ae
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otice of Violation and Penalty
Complaint No.: 2015-005193ENF
une 19, 2015
To prevent further enforcement action and avoid accrual of penalties, the responsible party will
need to provide adequate evidence to demonstrate that either no violation exists or that the
violation has been abated.
TIMELINE TO RESPOND
The responsible party has fifteen (15) days from the date of this notice to either;
1
Correct the violation as noted above; or,
Appeal this Notice of Violation as noted below.
The corrective actions shall be taken as early as possible. Please contact the enforcement staff as noted
above to submit evidence of correction. Any unreasonable delays in abatement of the violation will result
in further enforcement action by the Planning Department.
PPE L PROCESSES
If the responsible party believes that this order to remove violation of the Planning Code is an abuse of
discretion by the Zoning Administrator, the following appeal processes are available within fifteen (15)
days from the date of this notice:
1
The responsible party may request a Zoning Administrator Hearing under Planning Code
Section 176 to show cause why this Notice of Violation is issued in error and should be rescinded
by submitting the Request for Zoning Administrator Hearing Form and supporting evidence to
the Planning Department. The Zoning Administrator shall render a decision on the Notice of
Violation within 30 days of such hearing. The responsible party may appeal the Zoning
Administrators decision to the Board of Appeals within 15 days from the date of the decision.
2
The responsible or any interested party may waive the right to a Zoning Administrator Hearing
and proceed directly to appeal the Notice of Violation to the Board of Appeals located at 1650
Mission Street, Room 304, San Francisco, CA 94103, telephone: (415) 575-6880, website:
www.sfgov.org/bdappeal
. The Board of Appeals may not reduce the amount of penalty below
100 per day for each day the violation continues unabated, excluding the period of time the
matter has been pending either before the Zoning Administrator or before the Board of Appeals.
3
The responsible party may file a written request to the Zoning Administrator to terminate
abatement proceedings under Planning Code Section 176 and refer the matter to the Planning
Director for enforcement action under the process set forth in Code Section 176.1. If the Zoning
Administrator determines that the enforcement case will continue under Code Section 176, this
determination shall be made part of the final written decision and is not appealable separately
from the decision on the merits of the case. The responsible party may appeal the Zoning
Administrators decision on the Notice of Violation and Penalty to the Board of Appeals within
15 days of such decision.
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otice of Violation and Penalty
Complaint No.: 2015-005193ENF
une 19 2015
DMINISTR TIVE PEN LTIES
If any responsible party does not request any appeal process and does not take corrective action to abate
the violation within the 15-day time limit as noted above, this Notice of Violation will become final.
Beginning on the following day, administrative penalties of up to 250 per day to the responsible party
will start to accrue for each day the violation continues unabated. The penalty amount shall be paid
within 30 days from the final date of the Notice of Violation. After 30 days, the Planning Department
may forward the matter to the Bureau of Delinquent Revenue for collection as authorized by Article V.
Section 10.39 of the San Francisco Administrative Code. Please be advised that payment of penalty does
not excuse failure to correct the violation or bar further enforcement action. Additional penalties will
continue to accrue until a corrective action is taken to abate the violation.
ENFORCEM ENT TIME ND M TERI LS FEE
Pursuant to Planning Code Section 350(c)(1), the Planning Department shall charge for Time and
Materials to recover the cost of correcting the Planning Code violations. Accordingly, the responsible
party is currently subject to a fee of 1238.00 for Time and Materials cost associated with the Code
Enforcement investigation. Please submit a check payable to San Francisco Planning Department for
Code Enforcement within 15 days from the date o this
notice. Additional fees will continue to accrue
until the violation is abated. This fee is separate from the administrative penalties as noted above and is
not appealable.
OTHER PPLIC TIONS UNDER PL NNING DEP RTMENT CONSIDER TION
The Planning Department requires that pending violations be resolved prior to the approval and issuance
of any new applications that you may wish to pursue in the future. Therefore, any applications not
related to abatement of the violation will be placed on hold until a corrective action is taken to abate the
violation. We want to assist you in ensuring that the subject property is in full compliance with the
Planning Code. You may contact the enforcement planner noted above for any questions on the
enforcement and appeal process.
Sincerely,
Scott F. Sanchez
Zoning Administrator
Enc.: Notice of Enforcement dated April 28, 2015
Inspection Photos dated May 8, 2015
1920Cs Responses to the Notice of Enforcement, dated May 13 & 18, 2015
1920Cs Exhibits
Whil and Refreshs Websites
Planning Code Sections: 890.102, 890.116, 890.50, 890.108
Health Permit Referral - Grand Palace
cc:
aniel Lowrey - Deputy Director, Department of Building Inspection
SAN FRANC;Sr n
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otice of Violation and Penalty
Complaint No.: 2015 005193ENF
une 19 2015
558 6378
Para informaciOn en Espaol 11am ar at: 558 6378
S N FR NCIS CO
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I U
IV ~~
S N
F R N C I S C O
PL NNING DEP RTMENT
NOTI E OF ENFOR EMENT
April 30, 2015
Property Owner
JQ
PROPERTIES LP
33 TYSON CR
PIEDMONT CA, 94611
Occupant
950 Grant Avenue
San Francisco, CA 94108-1302
Site Address:
950 Grant Avenue
Assessors Block/Lot:
0194/035
Complaint Number:
2015-005193ENF
Zoning District:
CVR, (Chinatown-Visitor Retail)
Code Violation:
Section 809.106, Administrative Service
Administrative Penalty:
Up to $250 Each Day of Violation
Response Due:
Within 15 days from the date of this Notice
Staff Contact:
Dario Jones, 415) 558-6477 or [email protected]
1650 M issio
Suite 400
San Francis
CA 94103-2
Reception:
415.558.6
Fax:
415.558.6
Planning
Information
415.558.6
The Planning Department has determined that the above referenced property is in violation of the
Planning Code. As the owner and/or leaseholder of the subject property, you are a responsible party to
bring the above property into compliance with the Planning Code. Details of the violation are discussed
below:
D ES C R I PT IO N O F V IO L T IO N
Research of Planning Department records, including building permit history (attached), demonstrates the
subject property is authorized for retail and commercial uses. In addition recent building permit history
indicates the subject property is authorized as a residential hotel. The complaint alleges that the second-
story of the subject property, a three-story 15,660 square foot building, has illegally converted from a
retail/commercial use to an Administrative Service use.
Planning Code Section 890.106 defines an Administrative Service use as "A use, generally an office use,
which provides executive, management, administrative, clerical and other services exclusively to the
business community and not to the general public. It does not include services which are available to the
general public. Administrative services may include accessory storage, but not the storage of building
materials, contractors equipment, or maintenance equipment for nonresidential structures, or items,
other than samples, for wholesale sale."
virw. s f
r
ann i
ing org
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950 Grant Avenue
nforcement Notification
Complaint No. 2015-005193ENF
pril 30, 2015
An Administrative Service use is not permitted to establish in the Chinatown Visitor Retail Zoning
District per Planning Code Section 811.70.
Pursuant to Planning Code Section 171, except as otherwise provided in the Code, structures and land in
any district shall be used only for the purposes listed as permitted in that district, and in accordance with
the regulations established for that district.
HOW TO CORRECT THE VIOL TION
Contact the Enforcement Planner listed above to arrange for a site inspection of the subject
property within 15 days from the date of this notice.
To prevent further enforcement action and avoid accrual of penalties, the responsible party will
need to provide adequate evidence to demonstrate that the subject property is not in violation of
the Planning Code.
TIMELINE TO RESPOND
The responsible party has fifteen (15) days from the date of this notice to contact the staff planner noted
at the top of this notice and submit evidence to demonstrate that the corrective actions have been taken to
bring the subject property into compliance with the Planning Code. The corrective actions shall be taken
as early as possible. Any unreasonable delays in abatement of the violation may result in further
enforcement action by the Planning Department.
PEN LTIES ND PPE L RIGHTS
Failure to respond to this notice by abating the violation or demonstrating compliance with the Planning
Code within fifteen (15) days from the date of this notice will result in issuance of a Notice of Violation
by the Zoning Administrator. Administrative penalties of up to 250 per day will also be assessed to the
responsible party for each day the violation continues thereafter. The Notice of Violation provides appeal
processes noted below.
1
Request for Zoning Administrator Hearing. The Zoning Administrators decision is appealable to
the Board of Appeals.
2
Appeal of the Notice of Violation to the Board of Appeals. The Board of Appeals may not reduce
the amount of penalty below 100 per day for each day the violation exists, excluding the period of
time the matter has been pending either before the Zoning Administrator or before the Board of
Appeals.
3
Request for alternative review by the Planning Director under the process set forth in Planning
Code Section 176.1.
ENFORCEMENT TIME ND M TERI LS FEE
Pursuant to Planning Code Section 350(c)(1), the Planning Department shall charge for Time and
Materials to recover the cost of correcting the Planning Code violations. Accordingly, the responsible
party is currently subject to a fee of 1238.00 for Time and Materials cost associated with the Code
Enforcement investigation. Please submit a check to the Planning Department payable to San
Francisco Planning Department for Code Enforcement within 15 days from the date of this notice.
SN FRMNCiECO
PLANNING DEPARTMENT
d
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nforcement Notification
Complaint
No. 2015 005193ENF
pril
3 0
2 1 5
Additional fees will continue to accrue until the violation is abated. This fee is separate from the
administrative penalties as noted above and is not appealable.
OTHER PPLIC TIONS UNDER CONSIDER TION
The Planning Department requires that any pending violations be resolved prior to the approval and
issuance of any new applications that you may wish to pursue in the future. Therefore, any applications
not related to abatement of the violation on the subject property will be placed on hold until the violation
is corrected. We want to assist you in ensuring that the subject property is in full compliance with the
Planning Code. You may contact the enforcement planner as noted above for any questions.
cc
aniel Lowrey, Deputy Director, Department of Building Inspection, San Francisco
Holly Lung, Mayor s Office of Economic Workforce Development
15J
Pr:558M 78
Para Fnformacin en Espaot
I lamar al
558 6378
S N FR NCISCO
PL NNING DEP RTMENT
ge
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San Francisco Property Information Map Print Version
age 1 of 10
S A N F R A N C IS C O
PL NNING DEP RTMENT
.-- --.-..-------..--.-.----.-..-.---.--.-
Report for: 95 GRANT
Building Permits Report:
95
GRANT
Applications for Building Permits submitted to the Department of Building Inspection.
BUILDING PERMITS:
Permit:
201408073334
Form:
8
Alterations Without Plans
Filed:
817/2014
Address:
950 GRANT AV
Parcel:
0194/035
Existing:
RESIDENTIAL HOTEL
Proposed:
RESIDENTIAL HOTEL
Existing Units:
0
Proposed Units:
Status:
ISSUED
Status Date:
8/13/2014 2:46:05 PM
Description:
BARRIER REMOVAL WORK FOR FRONT ENTRANCE. PROVIDE POWER DOOR
OPERATOR INSIDE AND OUTSIDE AT ENTRY FOOR. PROVIDE TOP-9 BOTTOM.
Planner Reviewed:
Cost:
TUFFY EILIESH
2
000.00
Permit:
201407151360
Form:
8
Alterations Without Plans
Filed:
7115/2014
Address:
950 GRANT AV
Parcel:
0194/035
Existing:
RESIDENTIAL HOTEL
Proposed:
RESIDENTIAL HOTEL
Existing Units:
0
Proposed Units:
Status:
COMPLETE
Status Date:
7/24/2014 10:56:59 AM
Description:
revision to permit 2014-04-25-4216, Add 2 horn strobes, I smoke detector, 1 heat
detector and 1 monitor module
Cost: 750.00
Permit:
201404254216
Form:
8 Alterations Without Plans
Filed:.
4/25/2014
Address:
950 GRANT AV
Parcel:
0194/035
Existing:
RESIDENTIAL HOTEL
Proposed:
RESIDENTIAL HOTEL
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age 2 of 10
Existing Units:
0
Proposed Units:
11
Status:
COMPLETE
Status Date:
7/2412014 11:17:57 AM
Description:
NEW FIRE ALARM SYSTEM WITH IFP 100 CONTROL PANEL IN THE LOBBY. SMOKE
DETECTOR ABOVE AND AN PULL STATION NEAR PANEL. AUDIBLE APPLIANCES
THRUOUT. TIE-IN WATERFLOW AND TAMPER TO NEW PANEL. ELEV RECALL REF
201303222807 AND 201304114365
Cost:
900.00
Permit:
201309257678
Form: 7 Wall Sign
Filed: 9/25/2013
Address: 950 GRANT AV
Parcel:
0194/035
Existing:
Proposed:
Existing Units:
0
Proposed Units: 0
Status:
TRIAGE
Status Date: 9/25/2013 9:13:32 AM
Description:
TO PAINT LOGO AND LETTER ORIENTAL TREASURES & SAN FRANCISCO ON
AWNING.
Cost
$1,000.00
Permit:
201309257677
Form: - Alterations Without Plans
Filed: 9/25/2013
Address: 950 GRANT AV
Parcel:
0194/035
Existing: FOOD/BEVERAGE HNDLNG
Proposed: FOOD/BEVERAGE HNDLNG
Existing Units: 0
Proposed Units: 11
Status: TRIAGE
Status Date: 9/25/2013 9:08:21 AM
Description:
TO INSTALL AWNING AT ENTRANCE WAY ON 1/F
Cost:
$5,000.00
Permit: 201309045962
Form: - Alterations Without Plans
Filed: 9/4/2013
Address:
950 GRANT AV
Parcel: 0194/035
Existing:
RESIDENTIAL HOTEL
Proposed: RESIDENTIAL HOTEL
Existing Units: 0
Proposed Units: 11
Status: ISSUED
Status Date:
9/5/2013 2:53:51 PM
Description:
INSTALL NEW MECHANICAL SYSTEMS FOR TENANT IMPROVEMENTS FOR RETAIL
SPACES ON BASEMENT, GROUND & 2ND FLOOR & RESIDENTIAL SUITES ON 3RD
FLOOR. REF #2009.0108.9827
Cost:
$98,500.00
Permit: 201306139424
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age 3 of 10
Form:
8 - Alterations Without Plans
Filed:
6/13/2013
Address:
950 GRANT AV
Parcel:
0194/035
Existing:
RESIDENTIAL HOTEL
Proposed:
RESIDENTIAL HOTEL
Existing Units:
0
Proposed Units:
Status:
ISSUED
Status Date:
8 16 20138:31:49 AM
Description:
ELECTRICAL PLAN F OR 200901089827
Cost:
$40,000.00
Permit
201304124486
Form:
8 - Alterations W ithout Plans
Filed:
4/12/2013
Address:
950 GRANT AV
Parcel:
0194/035
Existing:
FOOD/BEVERAGE HNDLNG
Proposed:
FOOD/BEVERAGE HNDLNG
Existing Units:
0
Proposed Units:
0
Status:
ISSUED
Status Date:
8/12/2013 3:09:11 PM
Description:
REVISION TO APP 200901 089827. RELOCATE RESTROOM AND ADD N EW
RESTROOM AT BASEMENT FLOOR. REMOVE STAIRWAY AT BASEMENT FLOOR.
1ST FLOOR AND 2ND FLOOR .
Cost:
$20,000.00
Permit
201304114365
Form:
8 - Alterations W ithout Plans
Filed:
4/11/2013
Address:
950 GRANT AV
Parcel:
0194/035
Existing:
RESIDENTIAL HOTEL
Proposed:
RESIDENTIAL HOTEL
Existing Units:
0
Proposed Units:
Status:
ISSUED
Status Date:
5/9/2013 1:27:17 PM
Description:
RENOVATION OF EXTG GROUP HOUSING AT 3RD FLOOR:REMODEL EXTG 11
ROOMS AND BATHROOMS AS PER PLAN. TO CORRECT RECORD. REF
APP 200901089827
US
OF PRESENT USE. TO CORRECT RECORD REF
PA200901089827
US OF
PRESENT USE, FIRE ALARM & SPRINKLER UNDER
SEPARATE PERMIT.
CEQA CatEx:
Planner Reviewed:
Cost:
View Categorical Exemption Evaluation
CORRETTE MOSES
$100,000.00
Permit
201 303222807
Form:
3 - Alterations With Plans
Filed:
3122/2013
Address:
950 GRANT AV
Parcel:
0194/015
Existing:
RETAIL SALES
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San Francisco Property Information Map - Print Version
age 4 of 10
Proposed: RETAIL SALES
Existing Units:
0
Proposed Units: 0
Status:
COMPLETE
Status Date:
10/24/2013 3:40:49 PM
Description: INSTALL FIRE SPRINKLER SYSTEM FOR ENTIRE BUILDING TOTAL 195 HEADS,
USING EXISTING 4 FIRE SERVICE.
Cost:
$100,230.00
Permit:
201108293467
Form:
8
-
Alterations Without Plans
Filed:
8 29 2011
Address:
948 GRANT AV
Parcel:
0194/015
Existing: FOOD/BEVERAGE HNDLNG
Proposed: FOOD/BEVERAGE HNDLNG
Existing Units: 0
Proposed Units: 0
Status:
COMPLETE
Status Date:
10126 2011
Description:
TO COMPLETE WORK AND OBTAIN FINAL INSPECTION FOR WORK APPROVED
UNDER PA
200907142606.
Cost:
1.00
Permit:
201108293467
Form: 8 Alterations Without Plans
Filed:
8 2912011
Address:
942 GRANT AV
Parcel:
0194/015
Existing: FOOD/BEVERAGE HNDLNG
Proposed: FOOD/BEVERAGE HNDLNG
Existing Units:
0
Proposed Units: 0
Status: COMPLETE
Status Date: 10 26 2011
Description: TO COMPLETE WORK AND OBTAIN FINAL INSPECTION FOR WORK APPROVED
UNDER PA
200907142606.
Cost:
1.00
Permit: 200912082874
Form: 8
Alterations Without Plans
Filed: 12/8/2009
Address:
950 GRANT AV
Parcel: 0194/015
Existing: FOOD/BEVERAGE HNDLNG
Proposed: FOOD/BEVERAGE HNDLNG
Existing Units: 0
Proposed Units:
0
Status: TRIAGE
Status Date:
12/8/2009 3:36:56 PM
Description:
Replace (e) sidewalk at east side of property along wentworth street w/ (n) concrete
sidewalk over metal deck, (n) steel beams columns and concrete footings.
Cost:
12,000.00
Permit: 200907142606
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San Francisco Property Information Map Print Version
age 5 of 10
Form:
Alterations With Plans
Filed:
7/14/2009
Address:
950 GRANT AV
Parcel:
0194/015
Existing:
FOOD/BEVERAGE HNDLNG
Proposed:
FOOD/BEVERAGE HNDLNG
Existing Units:
0
Proposed Units:
0
Status:
COMPLETE
Status Date:
10/26/2011
Description:
Revision to application 20060 315673 5 and 200707116 505. Install new concrete wall at
the NE corner of basement and subbasement levels. Various connection details and frames
and other work bubbled Delta 3.
Cost:
$20,000.00
Permit:
200907142606
Form:
Alterations With Plans
Filed:
7114/2009
Address:
942 GRANT AV
Parcel: 0194/015
Existing:
FOOD/BEVERAGE HNDLNG
Proposed:
FOOD/BEVERAGE HNDLNG
Existing Units:
0
Proposed Units:
0
Status:
COMPLETE
Status Date:
10/26/2011
Description:
Revision to application 2006031 56735 and 200707116 505. Install new concrete wall at
the NE corner of basement and subbasement levels. Various connection details and frames
and other work bubbled Delta 3.
Cost:
Permit:
Form:
Filed:
Address
Parcel:
Existing:
Proposed:
Existing Units:
Proposed U nits
Status:
Status Date:
Description:
Cost:
Permit:
Form:
Filed:
Address:
Parcel:
Existing:
Proposed:
Existing Units:
Proposed Units
$20,000.00
200907021911
Alterations Without Plans
7/2/2009
950 GRANT AV
0194/015
FOOD/BEVERAGE HNDLNG
FOOD/BEVERAGE HNDLNG
0
0
COMPLETE
10/26/2011
TO COMP LETE AND FINALIZE WORK UND ER PA 200707116505 (SPECIAL
INSPECTION REQUIRED
$10,000.00
200907021911
8 - Alterations W ithout Plans
7/2/2009
942 GRANT AV
0194/015
FOOD/BEVERAGE HNDLNG
FOOD/BEVERAGE HNDLNG
0
1
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San Francisco Property Information Map Print Version
age 6 of 10
Status:
Status Date:
Description:
Cost:
COMPLETE
10 26 2011
TO COMPLETE AND FINALIZE WORK UNDER PA 200707116505 (SPECIAL
INSPECTION REQUIRED
$10,000.00
Permit:
200901089827
Form:
- Alterations With Plans
Filed:
1/8/2009
Address:
950 GRANT AV
Parcel:
0194/015
Existing:
FOOD/BEVERAGE HNDLNG
Proposed:
FOOD/BEVERAGE HNDLNG
Existing Units:
0
Proposed Units:
0
Status: ISSUED
Status Date:
11119/20124:32:54 PM
Description:
ON BASEMENT, 1ST FLOOR, SECOND FLOOR IMPROVE THE INTERIOR SHELL OF
BUILDING WITH HANDICAPPED ACCESSIBLE TOILETS. HANDICAP COMPLAINING
STAIRS. HANDICAP ACCESSIBLE NEW ELEVATOR. CHANGE EXTERIOR WINDOWS
& STORE FRONT WITH LIKE KIND AS EXTNG PORVIDE FIRE RATED FINISHES ON
THE INTERIOR. SPRINKLER BUILDG
Planner Reviewed:
CORRETTE MOSES
Cost:
$600,000.00
Permit: 200708079011
Form:
8
- Alterations Without Plans
Filed:
8/7/2007
Address:
942 GRANT AV
Parcel:
0194/015
Existing:
Proposed:
Existing Units:
0
Proposed Units:
0
Status:
TRIAGE
Status Date:
8/7/2007 1:59:25 PM
Description:
Cost:
Permit: 200707116505
Form:
8
- Alterations Without Plans
Filed:
7/11/2007
Address: 950 GRANT AV
Parcel:
0194/015
Existing:
FOOD/BEVERAGE HNDLNG
Proposed:
FOOD/BEVERAGE HNDLNG
Existing Units:
0
Proposed Units:
0
Status:
EXPIRED
Status Date:
2/9/2009
Description:
RENEW PA3200310097128 AND 200603156735 AND TO INCREASE VALUATION.
Cost:
$130,000.00
Permit:
200707116505
Form:
8 - Alterations Without Plans
Filed:
7/11/2007
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San Francisco Property Information Map Print Version
age 7 of 10
Address:
942 GRANT AV
Parcel:
0194/015
Existing:
FOOD/BEVERAGE HNDLNG
Proposed:
FOOD/BEVERAGE HNDLNG
Existing Units:
Proposed Units:
Status:
EXPIRED
Status Date: 2/9/2009
Description:
RENEW PA320031 0097128 AND 200603156735 AND TO INCREASE VALUATION.
Cost:
$130,000.00
Permit:
200603156735
Form: Alterations With Plans
Filed: 3/15/2006
Address:
950 GRANT AV
Parcel:
1941 15
Existing:
FOOD/BEVERAGE HNDLNG
Proposed: FOOD/BEVERAGE HNDLNG
Existing Units:
0
Proposed Units:
Status: COMPLETE
Status Date:
10/20/2011 4:04:43 PM
Description: MODIFICATION TO 200310097128 OF UMB PERMIT. REPAIR OF FRAMING
Cost:
30,000.00
Permit:
200603156735
Form:
Alterations With Plans
Filed:
3/15/2006
Address: 942 GRANT AV
Parcel:
0194/015
Existing:
FOOD/BEVERAGE HNDLNG
Proposed: FOOD/BEVERAGE HNDLNG
Existing Units:
Proposed Units:
Status:
COMPLETE
Status Date:
10/20/2011 4:04:43 PM
Description: MODIFICATION TO 200310097128 OF LIMB PERMIT. REPAIR OF FRAMING
Cost:
30,000.00
Permit:
200508059570
Form:
8
Alterations Without Plans
Filed: 8/5/2005
Address: 950 GRANT AV
Parcel:
0194/015
Existing: FOOD/BEVERAGE HNDLNG
Proposed:
FOOD/BEVERAGE HNDLNG
Existing Units:
Proposed Units:
Status:
EXPIRED
Status Date:
2/9/2009
Description:
REROOFING
Cost:
$26500.00
Permit:
200508059570
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age 8 of 10
Form:
Filed:
Address:
Parcel:
Existing:
Proposed:
Existing Units:
Proposed Units:
Status:
Status Date:
Description:
Cost:
Permit:
Form:
Filed:
Address:
Parcel:
Existing:
Proposed:
Existing Units:
Proposed Units:
Status:
Status Date:
Description:
Planner Reviewed
Cost:
Permit:
Form:
Filed:
Address:
Parcel:
Existing:
Proposed:
Existing Units:
Proposed Units:
Status:
Status Date:
Description:
Planner Reviewed
Cost:
Permit:
Form:
Filed:
Address:
Existing:
Proposed:
Existing Units:
Proposed Units:
Status:
Status Date:
Description:
8 - Alterations Without Plans
8/5/2005
942 GRANT AV
0194/015
FOOD/BEVERAGE HNDLNG
FOOD/BEVERAGE HNDLNG
EXPIRED
2/9/2009
REROOFING
$26,500.00
20031 0097128
3 - Alterations With Plans
10/9/2003
950 GRANT AV
0194/015
OFFICE
OFFICE
COMPLETE
10 20 2011
SEISMIC UPGRADE- SPECIAL PROCEDURE.
LIGHT ADAM
$90,000.00
2 31 97128
3 - Alterations With Plans
10/9/2003
942 GRANT AV
0194/015
OFFICE
OFFICE
COMPLETE
10 20 2011
SEISMIC UPGRADE- SPECIAL PROCEDURE.
LIGHT ADAM
$90,000.00
8805243
3 - Alterations With Plans
4/22/1988
950 GRANT AV
FOOD/BEVERAGE HNDLNG
FOOD/BEVERAGE HNDLNG
COMPLETE
9/21/1988
RE 8717200, RELOCATE BATHRM, ELIMINATE OPEN STAIRWAY
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San Francisco Property Information Map Print Version age 9 of 10
Cost:
18,000.00
Permit
8717200
Form:
3
Alterations W ith Plans
Filed: 12/7/1987
Address:
950 GRANT AV
Existing:
FOOD/BEVERAGE HNDLNG
Proposed: FOOD/BEVERAG E HNDLNG
Existing Un its:
0
Proposed Units:
0
Status: COMPLETE
Status Date: 9/21/1988
Description: RELO CATE MAIN STAIRWAY AND TOILET FACILITIES
Cost:
40,000.00
Permit 8404625
Form:
3
Alterations With Plans
Filed:
5/2/1984
Address: 950 GRANT AV
Existing: OFFICE
Proposed:
OFFICE
Existing U nits:
0
Proposed U nits:
0
Status: COMPLETE
Status Date:
1012/1984
Description: MOVE POR TION OF STAIR
Cost:
500.00
Permit 8313262
Form:
3
Alterations W ith Plans
Filed: 12/29/1983
Address:
942 GRANT AV
Existing:
FOOD/BEVERAGE HNDLNG
Proposed:
OFFICE
Existing Un its:
0
Proposed Units:
0
Status:
COMPLETE
Status Date:
3/4/1986
Descript ion: TO BRACE BRICK PARAPET IN CONFORM ANCE WITH REQUIREMENT.
Cost: 15,000.00
Permit 8313259
Form:
3 Alterations W ith Plans
Filed:
12/29/1983
Address:
57 WENTWORTH ST
Existing: OFFICE
Proposed: OFFICE
Existing Units:
0
Proposed Units:
0
Status:
COMPLETE
Status Date:
3/4/1986
Description: TO BRACE BRCK PARAPET IN CONFORM ANCE WITH REQUIREMENTS.
Cost:
1,500.00
Permit
313259
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San Francisco Property Information Map Print Version
age 10 of 10
Form:
Alterations With Plans
Filed:
12 29 1983
Address:
57 WENTWORTH ST
Existing:
OFFICE
Proposed:
OFFICE
Existing Units:
Proposed Units:
Status:
COMPLETE
Status Date:
3 4 1986
Description:
TO BRACE BRCK PARAPET IN CONFORMANCE WITH REQUIREMENTS.
Cost:
1,500.00
The Disclaimer: The City and County
o
San Francisco (CCSF) does not guarantee the accuracy, adequacy, completeness or usefulness
o any information- CCSF provides this
information on an as is basis without warranty
o
any kind, incluthng but not limited to warranties
o
merchantability or fitness for a pa rticu ar purpose, and assumes no
responsibility for anyones use of the information.
Printed: 4/2412015
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F R A N C I S C O
PL NNING DEP RTMENT
1650 M issi
Suite 400
San Francis
CA 94103-
Reception:
4 1 5 5 5 8 6
F a x
4 1 5 5 5 8 6
Planning
Information
4 1 5 5 5 8 6
riwsfpsnnIr gorg
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9 5 0 Grant Avenue
otice of Violation and Penalty
Complaint No :
2015 005193ENF
une
5 2 0 1 5
S N FR NCISCO
PL NNING DEP RTMENT
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9 5 0 Grant Avenue
otice of Violation and Penalty
Complaint No :
2 0 1 5 - 0 0 5 1 9 3 E N F
une 5 2 0 1 5
S N FR NC ISC O
PL NNING DEP RTMENT
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1920C
95 Grant Avenue 2nd FLR
San Francisco, CA 94108
May 13, 2015
San Francisco Planning Department
1650 Mission St, Suite 400
San Francisco, CA 941 03
RE EIVED
M A Y 1 3 2 1 5
CITY & COUNTY OF
PL NNING DEP RTMENT
RECEPTION DESK
RE: Response to Notice of Enforcement
Violation:
The C ity of San Francisco Planning Department has issued an enforcem ent notice regarding the
space occupied by 1920 C located at 950 Grant Avenue, 2nd Floor, San Francisco. The
enforcement letter states 1920 C is in violation of Planning C ode Section 811 .70 by illegally
operating as an Adm inistrative Service in the Chinatown-V isitor Retail Zoning District (CVR ).
1920C s Response To Planning Code Violation:
192 0C argues their comm ercial use is permitted and in compliance with the Planning Code.
192 0C believes the way they op erate and the way they use their space is a combination of
permitted land uses. 1920 C follows the guidelines for Other Retail Sales and Service (Sec.
890.10 2) and Professional Service (Sec. 890.108) as well as Other Institution (Sec. 890.50). All
three of these uses are permitted at the second floor in the Chinatown Visitor Retail Zoning
District and are detailed further in this response. 192 0C understands the regulatory challenges of
identifying a primary land use in a new business m odel that consists of a comb ination of uses
and hope that the Planning Departmen t will review this evidence objectively. Determining that
192 0C is an Adm inistrative Use is an unfair and incorrect categorization. Concerns that
permitting 192 0C to operate will lead to an influx of office uses in C hinatown is also an unfair
assumption, as we are not an office space but rather a permitted land use. Regardless, generally
an office use is permitted in the Chinatown V isitor Retail Zoning District if it is a Professional
Service, as we are.
192 0C further believes their company no t only complies but even supports the purpose of the
Ch inatown Retail Visitors District because of their appeal to visitors and the way they operate
exclusively to the general public. As stated in the CV R D istrict, This district contains a
concentration of shoppers bazaars, art goods stores, and restaurants which attract visitors and
shoppers and contribute to the Citys visual and economic diversity. 192 0C feels this aligns
directly with their company as they attract visitors, sell artwork, bring in economic diversity, and
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operate in a visually stunning historic building. Since 1920C directly serves the pu blic and
maintains the intention of the district, it should not be considered an administrative use.
Leaseholders of 95 Grant Avenue 2nd Floor:
The leaseholders of 950 G rant Ave, 2nd F loor are 1920C and Pacific Atrocities Education.
These two organizations co-share the space. Jenny Chan is the Director of Pacific Atrocities
Education and co-founder of 1920C. (Exh ibit D)
What is 192 C:
1920C is a cow orking space, art gallery, pop-up shop, and creative comm unity. 1920C s space
has mu ltiple services and uses because the business operates as a flexible work and comm unity
space.
What is Pacific Atrocities Education:
Pacific Atrocities Education (PA E) is a 501(c)(3) nonprofit organization that brings
awareness to w artime atrocities committed in the Pacific Asia region from 19 31-1945. The
organization educates others through literary and performance based arts. Pacific Atrocities
Education was found ed in 2013 and received its 501(c)(3) status in 2014. Since founding, over
500 people in the B ay Area have become involved in or were a part of ou r projects early efforts.
Mo re than 10 m illion people were killed in Pacific-based atrocities during W orld W ar II,
over 300,000 w ere killed during the N anjing Massacre alone. Given these horrifying facts it may
seem astonishing that very few schoo ls in the U.S. teach this part of our shared world history.
This very important historical momen t is significant in understanding present day Sino-Am erican
relations and Sino-Japanese relations alike. Furthermore, bringing awareness to wartime
atrocities in the Pacific Asia region helps survivors find closure and increased dialogue about
complex contemporary hum an rights issues worldwide.
PAE currently occupies the space at 950 Grant Ave. on the 2nd floor with the comp any
1920C. PAE hosts community meetings twice a month as w ell. PAE s supporting comm unity
gathers to discuss the potential compensation for the victims of the W W II in Asia.
95 Grant Avenue Uses:
Please reference Exhibit M for floorplan.
192 C Retail Uses:
1920C has a sellers permit and sells artwork in their art gallery. (Exhibit C) 1920C also
sells items like jewelry and allows their members to sell their own products. 1920C has
pop-up events w here they provide space for local artists/vendors to sell their products.
(Exhibit K)
2
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1920C provides public access to rent office equipment including deskspace. 1920C offers
a free day to anyone who com es in for the first time. 1920C sells hourly, daily and
monthly d esk rentals. Included is wifi, coffee, and access to printers. (Exhibit A)
Individuals may drop-in to use the space without long-term comm itment. 1920C does not
exclude individuals who w ant to use the space b ased on their status, or lack of status, as a
business. 1920C also rents out their conference room and event space. 1920C s
meeting room is rented for any type of use, examples include; women group m eetings, an
artist comm unity meetup, small religious group m eetings, and students meeting for a
project. (Exhibit B) Planning Co de Section 890.102 specifically includes sale or rental of
office equipment in the definition of Other Retail Sales and Service, It excludes the sale
of heating fuel and the sale or rental of comm ercial equipment (excluding office
equipment) .
Professional Services:
Planning Code Sec. 890.108 defines a Professional Service as generally an office use,
which provides professional services to the general public or to other businesses . 1920C
offers Marketing consulting services for their mem bers, made up of the general public or
other businesses. Every m ember has access to their marketing consultant, currently 7
Dots M arketing. 19