letter of determination 1650 mission st. · letter of determination 1650 mission st. sufte 400 ......

ID COLIN Z~V

SAN FRANCISCO PLANNING DEPARTMENT

Letter Determination of 1650 Mission St. Sufte 400 San Francisco, CA 94103-2479

August 14, 2015 Reception: 415.558.6378

Geraldine M. Randall Fax: Attorney at Law 415.558.6409 .

19201 Sonoma Highway #240 Planning

Sonoma, CA 95476-5413 Information: 415.558.6377

Site Address: 1750 - 1770 Fulton Street File No: 2015-007041ZAD Assessor’s Block/Lots: 1175/166 through 171 (formerly Lot 10) Zoning Districts: NC-S (Neighborhood Commercial Shopping Center) District Staff Contact: Mary Woods, (415) 558-6315 or [email protected] Record No.: 2015-007041ZAD

Dear Ms. Randall:

This letter is in response to your request for a Letter of Determination to clarify the meaning and intent of

Conditions of Approval (Conditions) contained in Motion No. 14807, as approved by the Planning

Commission on March 25, 1999 for Case No. 98.318C. Your letter requested determinations on the following questions:

1. Must 211 parking spaces be made continuously available, between the hours of 7 a.m. to 10 p.m. for parking for staff and patrons of the retail establishments operating in the Fulton-Masonic

development?

2. If the answer to Question 1 is yes, is there a violation of the special restrictions whenever the number of spaces available for parking for staff and patrons of the retail establishments in the

development, between the hours of 7 a.m. and 10 p.m., is regularly and intentionally reduced to less than 211?

3. Would there be a violation if some of the 211 spaces are used for the following purposes: a) Leasing spaces on a monthly basis to persons and businesses who are not associated with the

retail establishments in the Fulton-Masonic development?

b) Permanent location for large trash bins?

c) On-going and continuous use for grocery cart storage and other grocery store storage?

4. Under paragraph 32, can any of the 211 spaces required by paragraph 3 of the special restrictions

be deemed "surplus" between the hours of 7 a.m. to 10 p.m. (the supermarket general operating

hours)?

5. If not covered by the answers to the questions set forth above, specifically what are the parking requirements for the retail portion of the Fulton-Masonic development?

www.sfplanning.org

Geraldine M. Randall

August 14, 2015

19201 Sonoma Highway #240

Letter of Determination

Sonoma, CA 95476-5413

1750 - 1770 Fulton Street

6. If there have been any changes in the retail parking requirements since the Notice of Special

Restrictions was recorded, please provide the details and documentation, including the specific change, by whom it was requested, and when it was approved by Planning.

The Fulton-Masonic development project was approved as a Planned Unit Development (PUD) by the

Planning Commission on March 25, 1999 (Motion No. 14807 - Case No. 98.318C), a copy of which was

provided in your letter. The PUD, on an approximately 98,000 square-foot site, consisted of 381

underground parking spaces, approximately 56,300 square feet of retail spaces (including a large supermarket and five small retail spaces with a combined minimum floor area of approximately 3,600

square feet), and 135 dwelling units. Of the 381 parking spaces, 211 spaces would be for the retail

component and 170 spaces for the residential component. While less parking is required for both the

retail and residential components, the approval Motion (on pages 9 and 16) indicated that additional parking for the retail and residential components be provided at the request of neighborhood groups in

order to address their concerns related to parking, and to ensure reasonably plentiful parking for the proposed uses.

Based on the information provided in your letter, American Stores/Albertsons Supermarket originally owned all the retail parcels as well as the parking garage at the site. The retail parcels comprised one

large supermarket (d.b.a. Albertsons) and five small retail stores. In 2006, the retail parcels were sold.

You purchased the five small retail stores and Save Mart purchased the large supermarket and the

parking garage.

Determinations Based on the approval Motion for the project, it is my determination that Conditions in the Commission’s Motion related to parking for the supermarket are generally intended to allow use of this parking by the

retail tenants at the site as well as off-site businesses prior to and after the supermarket’s general

operating hours, and for overnight parking by neighborhood residents (as specified under Condition No. 32).

Responses to your questions are as follows:

1. Must 211 parking spaces be made continuously available, between the hours of 7 a.m. to 10 p.m.

for parking for staff and patrons of the retail establishments operating in the Fulton-Masonic

development?

Yes, up to 211 parking spaces need to be made available during the business hours of 7 am. to 10 p.m. for the retail establishments on the site.

2. If the answer to Question 1 is yes, is there a violation of the special restrictions whenever the

number of spaces available for parking for staff and patrons of the retail establishments in the

development, between the hours of 7 a.m. and 10 p.m., is regularly and intentionally reduced to less than 211?

SAN FRANCISCO 2 PLANNING DEPARTMENT


August 14, 2015 19201 Sonoma Highway #240

Letter of Determination

Sonoma, CA 95476-5413

1750 - 1770 Fulton Street

No, it would be a violation of the conditions of approval only if it becomes apparent that the number of parking spaces available in the garage doesn’t meet the actual demand for staff and customer parking for the site’s retail uses. The intent of the condition is to ensure that the project’s retail uses don’t negatively affect on-street parking in the surrounding neighborhood during business hours.

3. Would there be a violation if some of the 211 spaces are used for the following purposes:

a) leasing spaces on a monthly basis to persons and businesses who are not associated with the

retail establishments in the Fulton-Masonic development?

No, it would be a violation of the conditions of approval only if it becomes apparent that the number of parking spaces available in the garage doesn’t meet the actual demand for staff and customer parking for the site’s retail uses. The intent of the condition is to ensure that the project’s retail uses don’t negatively affect on-street parking in the surrounding neighborhood during business hours.

b) permanent location for large trash bins?

No, if there is excess capacity, then it is reasonable to allow a de minimis amount of spaces to be used in this manner without being in violation of the intent of the Commission’s Motion.

c) on-going and continuous use for grocery cart storage and other grocery store storage?

No, if there is excess capacity, then it is reasonable to allow a de minimis amount of spaces to be used in this manner without being in violation of the intent of the Commission’s Motion.

4. Under paragraph 32, can any of the 211 spaces required by paragraph 3 of the special restrictions

be deemed "surplus" between the hours of 7 a.m. to 10 p.m. (the supermarket general operating hours)?

Condition No. 32 specifically relates to hours outside of business hours; however, it may be reasonable to allow such use if the garage has excess capacity during these hours.

5. If not covered by the answers to the questions set forth above, specifically what are the parking requirements for the retail portion of the Fulton-Masonic development?

Based on a retail area of approximately 56,300 square feet per the approval Motion, the required parking would be approximately 185 spaces.

If there have been any changes in the retail parking requirements since the Notice of Special

Restrictions was recorded, please provide the details and documentation, including the specific

change, by whom it was requested, and when it was approved by Planning.

While the retail parking requirements have remained the same, the Planning Code has been amended over the years (since 1999) by the Board of Supervisors to allow more flexibility in how parking spaces are

SAN FRANCISCO PLANNING DEPARTMENT

Geraldine M. Randall August 14, 2015 19201 Sonoma Highway #240 Letter of Determination Sonoma, CA 95476-5413 1750 - 1770 Fulton Street

provided, used, reduced and replaced with bicycle parking spaces. The Planning Code discourages excessive amounts of automobile parking and encourages effective use of walking, cycling, and public transit as alternatives to travel by private automobile.

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. SancheTY

Zoning Administrator

cc: Property Owner for the Supermarket at: Save Mart, P0 Box 4278, Modesto, CA 95352 Neighborhood Groups

Mary Woods, Planner

SAN FRANCISCO 4 PLANNING DEPARTMENT

Geraldine M. Randall ATTORNEY AT LAW

June 1, 2015

Arbitrator � Mediator � Factfinder 19201 Sonoma Highway #240, Sonoma, CA 95476-5413

(707) 933-4461 � FAX (415) 532-1883 � Cell (808) 937-7133 Gerald ineRandaIIyahoo.com

Qf -00704/ Af)

C,1<’AfOI (NW)

Office of the Zoning Administrator 1650 Mission Street, Suite 400 San Francisco, CA 94103

RE: Request for Letter of Determination - Clarification of Meaning and Intent of Special Restrictions, Fulton-Masonic Development at 1750 - 1770 Fulton Street (Block 1175, Lot 10), Approved by Planning Commission on March 25, 1999 under Motion No. 14807, Case No. 98.318C

Dear Zoning Administrator:

As owner of five retail units in the Fulton-Masonic Development, I request a formal Letter of Determination regarding the meaning and intent of the Special Restrictions Under the Planning Code, Notice of which was recorded July 1, 1999, as DOC-99-G614852-00. These restrictions reflect the conditions of approval set forth in Motion No. 14807, Case No. 98.318C, approved by the Planning Commission on March 25, 1999. Copies are attached for your convenience.

Specifically, please clarify the provisions related to parking for the retail portion of the development. Parking requirements are set forth in the Special Restrictions in a number of provisions, including but not limited to Paragraphs 3, 4, and 32. Also pertinent are concerns raised by the local community (see Paragraph 5, p.4 of Motion No. 14807) and Policy 9 at p. 9 of the Motion.

Originally, American Stores/Albertsons owned all the retail parcels at the development, as well as the parking garage. The retail parcels comprised one large super market (Albertsons) and five small retail shops. In 2006, American Stores/Albertsons sold all of the parcels. I purchased the five small retail units. Save Mart purchased the large market, now a Lucky store, and the parking garage. Questions have arisen as to the proper interpretation of the parking provisions of the Special Restrictions.

Zoning Administrator, June 1, 2015 Page 1 of

Please include in your Determination Letter answers to the following questions:

1. Must 211 parking spaces be made continuously available, between the hours of 7:00 a.m. to 10:00 p.m., for parking for staff and patrons of the retail establishments operating in the Fulton-Masonic development? Currently, there are four: a Lucky grocery store, a Chase Bank branch, Great Clips, a hair cutting salon, and Glow Spa, a nail and personal services salon. Addition of a second bank is in the planning stage.

2. If the answer to Question 1 is yes, is there a violation of the Special Restrictions whenever the number of spaces available for parking for staff and patrons of the retail establishments in the development, between the hours of 7:00 a.m. to 10:00 p.m., is regularly and intentionally reduced to less than 211? For example, would there be a violation if some of the 211 spaces are used for the following purposes:

a. Leasing spaces on a monthly basis to persons and businesses who are not associated with the retail establishments in the Fulton-Masonic development?

b. Permanent location for large trash bins?

C. On-going and continuous use for grocery cart storage and other grocery store storage?

3. Under Paragraph 32, can any of the 211 spaces required by Paragraph 3 of the Special Restrictions be deemed "surplus" between the hours of 7:00 a.m. to 10:00 p.m. (the supermarket general operating hours)?

4. If not covered by the answers to the questions set forth above, specifically what are the parking requirements for the retail portion of the Fulton-Masonic Development?

5. If there have been any changes in the retail parking requirements since the Notice Of Special Restrictions was recorded, please provide the details and documentation, including the specific change, by whom it was requested, and when it was approved by Planning.

Please note that Planner Mary Woods kindly provided a brief, informal opinion by email dated September 16, 2014. However, a formal Determination Letter that specifically addresses the above questions is needed to clearly establish the parking requirements for all now associated with the Fulton-Masonic development.

My check for your fee in the amount of $630.00 is enclosed.

Very truly yours,


Zoning Administrator, June 1, 2015 Page 2 of 3

Ends. Motion No. 14807 Notice of Special Restrictions Check No. In the amount of $630.00

Zoning Administrator, June 1, 2015 Page 3 of 3

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NOTiCE OF SPECIAL RESTRICTIONS UNDER THE PLANNING CODE �

Pu1to-1aao,ijc, LW, a Ca1iiârzja limited I (We) g*iLttJ enoy . the owner(s) o ow

certain resi property situated In the City and County of San Francisco, state of Calomla more parlculaity dssrIbsd as follows (or see achsd sheet marired Ethft A on which properly la more te

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Being Asnisors Block 1175, Lot 10, =f=nlyr taiown as 1750-IflO FULTON STREEI’,. hereby give notice Ihat there am apectal reelilc&na on the use of said properly Under Pert II, Chejtjr II of the San Francisco Municipal Code (Planning Cod.).

Said mskkllone consist of conditions achod to Conditlenal Use Application No 163160 authorIzed by Is PlannIng ComnMloq of the City and County of BonFrancisco on Marsh 25, 1819 as set toith In Planning Commliitth’ ItlanNb147 permmfting to demolish an athileg 52,100 squars400t strip shopping center with 174 surface parsing spans, to be liqllsrred

by the conebuotlon of upproilmatsly =a - do rgiound or otherwise siwlo*sd

Puidni uio*e,spprcsdm1y 18.300 squmelsetof retell shopping (Including aerqimrarliit and_ si Sumner retail ’pu"..), and 135 housing unIt, (13 of which will bef11Ns) it 17501770 FIsn Sheet, Assessors Block 1175, Lot 10 In an NC4 lsIghb.dmod. Comrnssdai Shopping Center) District and. 40.X Height and Bulk District, per Planning Cods Sssaa 1212, 304(d)(4) and 713.21.

) � POP 1o113

NOTICE OF SPECIAL RESTRICTIONS UNDER THE PLANNING CODE

The restrictions and conditions of which notice I. hereby given are:

Environmental Mitigation Measures

1. The following mitigation measures In the final negative declaration Issued March A 1959 for the proposed project shall be Implemented.

A. Air Quality

Mitigation Measure I

The project sponsor shall require the construction contractor(s) to spray the project site with water during excavation, grading, and site preparation activllies spray unpaved construction areas with water at least twice per day cover stockpiles of soil, sand, and other material; cover trucks hauling debris, soil, sand, or other Such matsrlal and sweep surrounding, streets during these periods at least once per day to reduce emissions of parilculatea.

Ordinance 175-91, passed by the San Francisco Board of Supervisors on May 6, 1991, requires that nonpotabie water be used for dust control activities. Therefore, the project sponsor shall require the construction contractor(s) to obtain reclaimed water from the Clean Water Program for this purpose.

The project sponsor shall require the construction contractor(s) to maintain and operate construction equipment so as to minimize exhaust emissions of particulates and other pcflutante by such means as prclbIting idlIng motors when equipment is not In use or when trucks are waiting In queues, and Implementing specific maintenance programs to reduce emissions for e4ulpment that would be In frequent use for much of the construction period.

B. Hazards


The project sponsor shall submit the following Phase I Environmental Site Assessment byTreadwell & Rollo and Phase Ii Environmental Site Assessments by Erler & Kailnowald to the San Francisco Department of Public Health, Envhcnmental Health Management Section - Hazardous Waste Unit (EMS-HWU) for review and approval prior to approval of the building permit application for the proposed project by the San Francisco Planning Department.

Eder & KailnowsId. June 18, 1996. Results of Soil and G,sb Groundwater SwrplIng at the 175011770 Fulton Sbaet Property In San Francisco, Cathbtnti

r Page 2 of IS

G624S2

NOTICE OF SPECIAL. RESTRICTIONS UNDER THE PLANNING CODE

Eder & KallnowakL December 24, 1998. Results o1GmundwaterMonitog Welt kistailatlon and SampTh,g at the 175011770 Fulton Street Proper(y In San F,ancisco, California..

Treadwell & Rollo. November 18, 1997. Phase I EnW’onm8ntaI Site Assessment, Falietti Fine Foods 81t. 1 750 and 1770 FUlton Sbvet Sari Fa’anrisco, California.

If, based on the results of the soil tests conducted by Ejler & Katinowsid, EHS-HWU determines thit the iou. an the project site are cont.rnlntod with petroleum

-. hydrocarbons or heavy metals at or above Potentially hazardous levels, the project sponsor shall submit a detailed Project ConslructlonlEvacuation Plan and a Site Mitigation Plan MID) to EHS.HWU for review and approval prior to approval of the building permit application for the proposed project by the San Francisco Planning Department. The Project Constnjctlon/Excavatlon Plan shaft Include to proposed locations of any foundations, Willy trenches, or elevator pits on the project site. The

� SNIP shall Include a discussion of the level of petroleum hydrocarbon and heavy metal contamination of soils on the project oft and mitigation measures for managing contaminated soils on the site, Including, but not limited to; 1) the alternatives for managing contaminated soils on the site (e.g., encapsulation Lplacement of a cap), partial or complete removal, treatment recycling for muse, or a combination); 2) the preferred alternative for managing contaminated soils onto site and a brief justifIcation; 3) If contaminated ioU will remain on the 31te and encapsulated, a description of procedures to be followed to maintain the cap; and 4) the specific practices to be used to handle, haul, and dispose of contaminated soils on the site, including, but not limited to, the measures listed below.

11, based on the results of the soil teats conducted by Ertar & Kalinowald, EHS44WU determines that the soils on the project site are contaminated with petroleum hydrocarbons or heavy metals at or above potentially hazardous levels, the construction contractor shall be alert for the presence of such soils during excavation and other construction activities on the site (detected through soil odor, color, and texture and results of on-site soil testing), and shall be prepared to handle, profile P.O., characterize), and dispose of such soils appropriately (Le., as dictated by local, state, and federal regulations, including Cal..OSHA safe work practices) when such soils are encountered on the site.

The construction contractor shall keep exposed soils, during excavation for site preparation and project construction actMtIee, moist throughout the time they are exposed, both during and after work hours.

Where soils sue stockpiled, the constiuction contractor shall use visqusen to create anlmpormabis Our, both beneath and on top ofthg sole, with a berm tocontain any potential surface water runoff from the soil stockpiles during Inclement weather.

Page 3 of 13

G614832


If necessary, the construction contractor shall use clean fill or other suitable material(s) to bring portions of the project site, where contaminated soils have been excavated and removed, up to construction grade.

The construction contractor shall haul contaminated .Ue off the project site In waste hauling trucks appropriately certified with the 5tate of California and adequately covered to prevent dispersion of the soils during transit; and shall dispose of contaminated soils at a permitted hazardous waste disposal facility registered with the State of California or appropriate agency.

The project sponsor shall submit a Health and Safety Plan (HSP) prepared In accordance with State of California Occupational Safety and Health Administration Guldeflnes to EHSHWU for review and approval at least two weeks prior to the 8trt of work on the project site. The I-ISP shall be prepared by a Health and Safety Officer certified by the State of California. The lISP shall contain an analysis of potential hazards on the site, Including exposure to petroleum hydrocarbons or heavy metals, that may be encountered by workers on the project site; and precautions to mitigate the potential hazards.

r After excavation and foundation construction activities are completed on the site, the project sponsor shall prepare and submit a cloeureftertfficallon report to EH$-HWU for review and approval. The ci sur&certlflcatlon report shall Include the mitigation measures In the SMP for handflng apd removing contaminated soils from the project site, whether the construction contractor modified any of these mitigation measures, and how and why the construction contractor modified those mitigation measures.

If potentially hazardous levels of petroleum hydrocarbons, heavy metals, or other hazardous materials remain In sok on the project site after project conetiuclion, the project sponsor shall Ill, a recordation on the deed for the subject property that Indicates the need to take special precautions during future disturbance of the soils cntheprope due to certain n-suconditions.

C. Cultural Resources


Should evidence of archaeological resources of potential significance be found during ground disturbance, the project sponsor shall Immediately notify the Environmental Review Officer (ERO) and shall suspend any excavation which the ERO detarn*%ed could damage such archaeological resources. Excavation or construction activities which might damage discovered archaeological resources shall be suspended for a total maximum of four weeks over the course of construction.

........’:’’

Page 4 of 13

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r C61,4852


.1.

After notIf4ng the SRO, the project sponsor shall select an archaeologist to uitst the ERO In determining the significance of the archaeological find. The archaeologist shall prepare a draft report containing an assessment of the potential significance of the archaeological find and a recommendation for what meauies should be implemented to minimize potential effects on archaeological resources. Based on this report, the ERO shall recommend specific additional mitigation measures to be Implemented by the project sponsor.

... - ..�. Mitigation mea5wue might IndIüdo a site a.curtty program; additional an-alto Investigations by the archaeologist: and/or documentation, preservation s and recovery of cultural materIals. Finally, the archaeologist shall prepare a draft report documenting the archaeological resources that were discovered and an evaluation as to their significance, and a description as to how any archaeological testing, exploration, and/or recovery program was conducted.

Copies of all draft reports prepared according to this mYdgatlon measure shall be sent first and directly to the ERO for review. Following approval by the ERO, the archaeologist shall send copies of the final report(s) directly to the President of the Landmarks Preservation Advisory Board and the California Archaeological Site Survay, Northwest Information Center. Three copies of the final report(s) shall be submitted to the ERO, accompanied by copies of the tranirnittals documenting Its dkbftdofl to the President of the Landmarks Preservation Advisory Board and the California Archaeological Site Survey, Northwest’tnlormatlon Center.

Land UselDenslty

2. ThIs aWF0vMI Is for the demolition of an existing 52,500 squarefoot trip shopping center with 174 parking spaces to be replaced by thot construction of approximately 381 underground or otherwise enclosed parldng apaceà, approximately 58,300 square feet of retail shopping Including a supermarket and several smaller retell spaces, and 135 housing wilts (13 of which will be affordable) at 1750-1770 Fulton 8het, Assessor’s Block 1175, Lot 10.

3. The Development shall provide 211 spaces for the retail portion of *4 project and 170 parking spaces for the residential portion of the project as shown In Exhibit B.

4. The hours of operation for the supermarket at the project site MU be limited to the hours of 7:00 a.m. to 10:00 P.M. with the exception of a pharmacy which may operate 24 hours daily. The project sponsor may seek extension of the hours If It Is determined that there Is sufficient demand, need and desire in the neighborhood for additional hours of operation, and such an extension would not create a significant .nuleance to the surrounding neighborhood. Such an extension would require review by the Planning Commission.

-. Page5of 13

- G614852.


5. After regular business hours as established In Condition of Approval No. 4 above, the pharmacy must be accessed by the general public separately from the rest of the supermarket operations. Neither shall other portions of the commercial operations Of me project be accessed by the general public from Inside the pharmacy beyond the hours established under the provisions of Condition of Approval No.4 above. No alcohol shall be sold from the pharmacy on the subject sits beyond these hours.

6. Delivery trucks associated with the supermarket operator shall be limited to the hours of 9:00 s.m. to 300 p.m daily. Delivery hours for smaller trucks nbt associated with the supermarket operator (such as bread trucks and other Independent vandom)shaU beilmited to the period of 7:00 am. to 4:00 p.m. Exceptions may be made 1.exteme and unusual emergency situations, but deliveries shall be scheduled to anticipate traffic delays, inclement weather or other typical occurances In order to avoid delivery activity outside of the permitted delivery hours.

Design

7, With the exception of the housing uit,.nsity exception granted by this conditional use authorization 1 final plans shall meet thi standards if ttiÆ Planning Code; the design of the proposed project shall be In general conformity with the plans approved by ft Commission attached hereto as Exhibit B;

8. The Project architects shall continue to work with the Planning Department (’Departmonr) with input from the neighborhood to develop further and to refine the design of the proposed project In terms of facade design and landscaping as determined neceaaiy , by Department staff to meet the following design goale

A) The housing component of the project will be designed to Integrate well Into the surrounding neighborhoods. Features will include multiple entrances from the perimeter sidewalks to individual dwelling units as well as multiple general entrances Into the courtyard of the housing component .

B) The design of to buildings will be aeftefloWIV Integrated with the surrounding neighborhood, reflecting Important basic design characteristics of the beet cmp1oa of predominate styles of architecture and urban design in the neighborhood, Including Edwardian, Victorian, and Craftsman as well as a few more modem examples in this particular area of the city. The faced, of the building shell be broken down Into segments of 25’-0’ to 50’.0 to reflect the modulation of the 17medistey surrounding block faces. Quality residential materials such as solid wood siding, stucco, and eNngl sfiq be u4 Quality detall(ng shall be employed such as appropriate window ravialØ, window franiŁ materials, trim and cornices.

C) The southwestern corner of the project building shall be redesigned to more appropriately emphasize its prominent corner location in an architectural style more compatible with the neighborhood.

Page Bof 13

� G6148$2

NOTICE OF SPECIAl. RESTRICTIONS UNDER THE PLANNING CODE

0) The project design will Include a plaza area that Is conducive to social lrderactlon, Integrated and suitably located, and protected by either distance or barriers from wind and noise from Masonic Avenue traffic.

E) The overall design of the project -Mall be contextual and complimentary to the neighborhood.

9. Project architect shall submit a signage plan for review and approval by Department staff. Signags shall be In compliance with Article 6 of the Planning Code and shall be In character with the surrounding neighborhood as determined by Department stiff. No free-standing WVnw whull be permitted on the projeot .lt.

10. The project architect shall submit a detailed landscaping plan for review and approval by Department staff. In particular, landscaping shaU be added along the Masonic, McAllister, and Central Avenue frontages to soften the appearance of the building where there Is a lack of window or door openings. Sidewalk encroachment permits, If approved by the Department of Public Works, shall be obtained where deemed necessary by Department staff.

Affordability

11. The Project Sponsor shall designats a total of 13 units as affordable rBelow Market Rate (aMR)1 first time home büyercondoniinium units to be constructed on the site of the principal project This total represents lo%ofafi units of the project

12. The subject BMR units shall reflect IhR Wt ohm NX of " market rate unite and shall be distributed In the range of unit slzes .

Six two bedroom units. Seven one bedroom units.

13. The BMR units shall be (I) Interspersed evenly throughout the project, (II) constructed and marketed concurrently with the construction and sale of th# market-rate units In the project and (III) of the seine quality and materials as the market-rate units in the project.

A. Prior to the filIng of any subdivision map (Including tpn2athe maps) for the project (Including any subdivision map filed for any partial phase of the project),

(1) the Project Sponsor shall have cumulatively designated at least one (1) BMR unit for every nine (9) market-rate units shown on such map and any previously filed subdivision maps, and

(2) All DMR units designated by the Project Sponsor on all filed subdivision maps shall be explicitly subject to these Conditions of Approval In a manner utieltrctory to the Zoning Administrator and In accordance with the Procedures Manual, as defined below.

Page 7 of 13

là - G61.4852

NOTICE OF SPECIAl. RESTRICTIONS UNDER THE PLANNING CODE

B Prior to Issuance of any building permit for the project (Including any building permit Issued for any partial phase of the project), the Project Sponsor shall

(1) have curnula’Jvely designated at least &?e (1) BMR unit for every nine (9) market-rate units covered by the building permit to be issued and any previously issued building permits for the project and

(2) Promptly provide a copy of any subdivision map described In Paragraph A(1) Of these Conditions of Approval and any notice of-special restrictions recorded pursuant to this Motion and the Procedures Manual, to the Mayoi. Office of Housing or Its successor (’MOH’), ’the monitoring agency for the BMR units, at 25 Van Ness Avenue, Suits 600 San Francisco, California 94102.

C. Prior to Issuance of any cordficate of occupancy for a unit In the prcJ94 to Pipfed Sponsor shall have cumulatively designated at least one (1) BMR unit for every nine (9) market-rate units covered by the certificate of occupancy to be Issued and any Previously Issued certificate of occupancy for the project

14. All BMA units shall be sold to first time home buyer households, as defined In the Affordable Housing Monitoring Procedures Manual (hereinafter Uprocedures Menus?) published and adopted by Resolution No. 13405 on September 101 1992 by the City Planning Commission, whose gross annual income, adjusted for household size, does not exceed 100 percent Of the median income for the San Francisco Principal Metropolitan Statistical Area (PMSA). The Initial sales price of such units shall be calculated according to the Procedures Manual based on such percentage of median income. This restriction shall apply for a fifty (50) year period from the date of the initial sale of the BMR unit ...

16. AU qualifying households shall maintain residence In the BMR unit according to the procedures established In the Procedures Manual.

16. Sale and resale of BMR unite shall satisfy the marketing, sales, reporting and monitoring procedures, Including the payment of administrative fees to the monitoring agency If such a tee Is authorized by ordinance, according to the procedures established In the Procedures ManuaL

17. The definitions, procedures and requirements for BMR unit set forth In the Procedures Manual are Incorporated herein as Conditions of Approval. Terms used in thee. Conditions of Approval and not otherwise defined shall have the meanings set forth In the Procedures Manual.

18. In the event that the project sponsor determines that It Is infeasible to sell the proposed affordable dwelling units, and instead chooses to operate the housing project U rental unite, rental of the thirteen affordable housing units shall comply with all provisions of the Procedures Manual relating to affordable rental units and any other related City laws.

Page 8 of 13

G6–4852


(.�.� � Transportation and Circulation

19. The design of the transportation patterns for accessing the retell stores and the dwelling units shall encourage pedestrians and bicyclists as specified by the Chic aTranalt Fkst" policy. Specific features will Include:

A) An Improved design for the pedestrian Island between the Ingress and egress of vehicles on Fulton Street;

B) A right-turn-only Gxit from the commercial parjdng garage onto Fulton Street

C) Decorative paving for sidewalks, cross walks. and car lanes to visually emphasize the pedestrian nature of the plaza and dropoft areas along the Fulton Street frontage;

D) Provision of bicycle parking, showers and lockers for supermarket employees;

E) 24 covered bicycle parking spaces provided In the retail plaza area;

F) Bicycle parking at the main enrrancelo the residential component of the project

G) Provision of safe and separate Indoor blcie racks for residents of the project to be located In the residential garages.

20. � The project sponsor shall develop an on-site traffic management plan to be submitted to DPI and PlannIng Department Staff. The project sponsor shall submit to DPI, Muni, and Planning Department staff a report on traffic cortdftlons related to the project site after six months, one year, and two years of operation. If It Is determined by the Planning Department that the proposed front thlveway Is causing traffic problems and should be closed, the project sponsor shall develop a plan for approval by the Planning Department to redevelop the driveway area as an appropriately designed pedestrian pI.in area.

21. Pedestrian warning devices such as Winking kft and/or bL=rs shall be burialled at garage entrances where appropriate to warn pedestrians of cars exiling the garages. Pedestrian crossing signs shall be.pcsted for automobiles exiting garages.

22. The commercial garage entrance and the commercial drop-off area shall be operated in such a manner to avoid traffic conflicts along Fulton Street and to ensure smooth tmffta flow on the project site. Only rigid turns shall be allowed on to Fulton Street from the commercial garage. Proper striping, signage and barriers shall be installed to ensure that no left turns can be made.. A supermarket employee shall monitor traffic conditions and enforce loading

ne area rules to ensure proper operation of on-site traffic as well as ingress and egress Ironi the commercial portion of the site If deemed necessary, by the Zoning Administrator.

Page 9 of 13

F G614852


23. The commercial drop-off ares shall be for the use of handicapped Individuals, taxis and shuttle vans and small delivery vans for the smaller retail units. This pull off area shell not be used for non-handicap customer parking or for delivery trucks associated with the supermarket.

24. Ingress and egress from the loading docks shall be coordinated to avoid conflicts with MUNI P and other vehicular traffic. A supermarket employee shall Monitor loading dock operations and shall dIrect loading dock traffic If deemed necessary by the Zoning Administrator.

25. No delivery trucks shall be allowed to park or Ide outside of the loading dock, or along the Met. Deliveries by large trucks associated with the aupemiarkot operator shall be scheduled so that no queuing outside of the loading dock is necessary,

28. The Applicant shall coordinate with the Department of Pubic Works and The Inter-departmental Staff Committee On Traffic and Transportation (9SCOT1 related to any necessary closure of parking lanes and creation of turning lanes on Fulton Street. McAllister Street Central and Masonic Avenues.

27. The applicant shall coordinate with MUNI regarding relocation on any bus stops.

25. The supermarket operator shall Implement a program to encourage employees and patrons to utilize means of transportation other than driving automobiles. Such a program may Include sales andfor subsidizing of MUNI passes 1 notification of MUNI accessibility, bicycle parking and easy pedestrian access In advertisements; signs and placards In appropriate locations within the store encouraging use of other means of transportation other than driving automobiles; and/or any other reasonable method of discouraging private automobe Use

29. The supermarket operator shall operate a tree convenient ft quent daily jitney service for customers who walk to the supeniiarket and want or need aSsistance transporting groceries back to their homes.

General Performance

30. The project sponsor shall provide at least five Independent retail spaces with a combined minimum of 3.600 square feet accessed from the Fulton Street frontage. Some of the smaller storefronts, with the approval of Planning Department staff, may be combined in order to accommodate the spatial needs of local Independent merchants. Such mergers shall be minimized and, as a guideline, no more than two of those store fronts In a row should be merged, so that a variety of smaller storefronts are maintained along the Fulton Street frontage, and are potentially available to a variety of local merchants. The project sponsor shall make good faith efforts to continually lease to local businesses. Including some of the existing businesses at the project site. The supermarket operator shall also make good faith efforts to lease a limited amount of space within the proposed supermarket to local merchants from the Bay Area.

Ld Page 10 of 13

I �:l .

G614852


31. The supermarket operator shall maks , the supermarket employee lounge available during store hours for a public meeting room for use by the neighborhood organizations, when scheduled In advance.

32. W"six months of opening of commercial operations,; system wW be developed to make surplus commercial parking spaces at ft project sits avahble for use on a fee basis by patrons of off-she businesses prior to and after the supermarket general op rating hours specified In Condition #4 (pharmacy excluded), and for overnight parking by neighborhood

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W. The princ*pai snrn will provide twlcs.dafly mainnanc. of the Fulton 2tvs.t and Csntral Avenue street frontages to keep them clean and free of bash and graftW. Maintenance shall Include sweeping, litter removal, and scrubbing of sidewalks whenever conditions warrant The project grounds including all building facades, landscaping, and sidewalks, shall be continually maintained In a clean. Orderly and attractive manner.

34. CommercIal signage and lighting will be reduced to security levels during non-operating hours.

35. The commercial loading docks will be designed, and equipment will be used, to ensure minimum operating noise. The doors of the loading docks will be closed at all limes except during actual Ingress and egress of delivery trucks.

Construction Performance

28. Exterior construction or other construction that generates significant noise shall be limited to the hours of 7:00 a.m. to 4:00 p.m., Monday through Friday.

37. The project sponsor shall ensure that, excluding natural disasters, walk-out strikes, or unusually severs and lengthy inclement weather, demolition and construction will not extend beyond 24 months duration. Prior to commencement of said demol Won and construction, the project sponsor shall provide the Planning Department with a copy of the agreement with the selected builder(s) of the project that apepif1s that uner customary , monetary penalties, demolition and construction acthdty cÆzinöt wooed 24 mnth. duration (with the exceptions listed above).

38. Prior to commencement of construction, the project sponsor shall present to the Planning Department a plan and agreement for off-alto parking for construction workers. If such oft-she parking Is not located In a reasonable walking distance from tho construction sits, shuttle service shall be provided. The parking agreement and plan shall specify that construction workers shall not park on neighborhood treets

Page 11 of 13

G614852

NOTICE OF SPECIAL RESTRICTIONS UNDER THE PLANNiNG CODE

39. During demolition and construction, a free transportatIp,eerv,tca program to nearby euprmarkots shall be made available by the project sponjor for the eldedy (55 and older) and Individuals with dIsabDhtlee who Dv. In a one-quartermlle.waildng distance of the existing shopping center, and who would normally walk (or use a wheel chair or other similar device) to get to the existing shopping center. The program shall be operated In such a way to ensure that these Individuals have a reasonably convenient way to get to a nearby supermarket. A plan for this program to be submitted by the project sponsor, shall be reviewed and approved by the Planning Department before demolition or construction permits are Issued.

I’S..... . .. I t..

�1 . ��..

General

40. The applicant shall designate a staff person to be a community liaison for both the construction phase of the development and after the development Is completed. This person will serve as a that contact to handle any Issues or problems that may arise with the construction and operation of the development. This person’s name and telephone number will be an file With the Planning Department and appropriate neighborhood organizations. The applicant will keep the above parties apprised should a different staff liaison be designated.

41 The project is subject to the requirements of the First Source Hiring Program (Chapter 83 of the Administrative Code) and the Project Sponsor shall comply with the requirements of this Program

42. This authorization and rights vested by virtue of this action shall be deemed veld and canceled, If within thIrty-six (38) months of this motion, construction has not begun by the Applicant

43. - This authorization may be extended at the direction of the Zoning Administrator only where the failure to Issue a building permit to construct the project is delayed by the Department or a state agency or legal challengea7 � . ’.

44. Should the operation of the herein-authorized uses on the subject property result In complaints from area property owners or residents, which am not resolved by the project sponsor, and are subsequently reported to the Zoning Administrator and found to be In violation of the Planning Code and /or the specific Conditions of Approval for the project, the Zoning Administrator shall report such complaints to the Planning Commission, after which the Commission may hold public hearing on the matter in accordance With the hearing notification end conduct procedures as set forth In Secttons174, 306.3, and 308.4 of the Code, to consider revocation of this conditional use authorization.

45. Should the monitoring of the Conditions of Approval be required, the Applicant or successors shall pay tees as established In Planning Code Section 351 e)(1).

48. Failure to comply with two conditions of approval shall constitute a violation of the Planning Code, enforceable by the Zoning Administrator.

ri Page 12 of 13

G614852 NOTICE OF 5PECIAL REMOTIONS UNDER ThE PLANNING CODE

A Hecordation

47. After the conditional use authorization for the proposed project becomes final and before the issuance of any building permIt the Zoning Administrator shall approve and order the recordatlon of a Notice of Special Restrictions in the Official Records of the Recorder of the City and County of San Francisco against the land record of the subject lot. Said notice atiali state that the construction and operation of the subject mbcsd.uae building has been authorized by and Is subject to the conditions of this Motion applicable to the proposed project. From time to time, after the recordation of such notice, at the request of the Applicant or the succassor4n4nterest thereto, the Zoning Admlnlstratorjhail affirm In writing the extent to which the cofldPJon5 of d9s motion have been satisfied.

The use of said prapeity con Wauy to thBae special restrictions shall constitute a violation of the Planning Code, and no release, modification or eliminatIon of these restrictions shad be valid unless notice thereof is recorded on the Land Records by the Zoning Administrator of the City and County of San Francisco; except that In the event that thezonIng standards above are modified so as to be lees restrictive and the uses herein restricted are thereby permittad and in conformity with the provisions of the Planning Code, this document would no longac be In.effeot and would be null and void.

Dated: ci at San Francisco, California FvItosM-",.UA A 011 IJIhNI

G-AA

ThIs’algnature(e) must be acknowledged by a notary public before recordation; add Notary Public Certification and Official Notarial Seal.

Fiii aW 13 � 130M-,

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File No. 98.318C 1750-1770 Fulton Street Assessor’s Block 1175 Lot 10

SAN FRANCISCO

PLANNING COMMISSION

MOTION NO. 14807

ADOPTING FINDINGS RELATING TO THE APPROVAL OF A PLANNED UNIT DEVELOPMENT AND A CONDITIONAL USE AUTHORIZATION FOR THE DEMOLITION OF AN EXISTING 52,500 SQUARE-FOOT STRIP SHOPPING CENTER WITH 174 SURFACE PARKING SPACES TO BE REPLACED BY THE CONSTRUCTION OF APPROXIMATELY 381 UNDERGROUND OR OTHERWISE ENCLOSED PARKING SPACES, APPROXIMATELY 56,300 SQUARE FEET OF RETAIL SHOPPING (INCLUDING A SUPERMARKET AND SEVERAL SMALLER RETAIL SPACES), AND 135 HOUSING UNITS (13 OF WHICH WILL BE AFFORDABLE) AT 1750-1770 FULTON STREET, ASSESSOR-S BLOCK 1175, LOT 10 IN AN NC-S (NEIGHBORHOOD COMMERCIAL SHOPPING CENTER) DISTRICT AND A 40-X HEIGHT AND BULK DISTRICT, PER PLANNING CODE SECTIONS 121.2,304(D)(4) AND 713.21.

Preamble

On September 1, 1998, Fulton-Masonic LLC, the owner of the property at 1750-1770 Fulton Street, (hereinafter "Applicant") submitted a Conditional Use application (hereinafter pplication.) for a Planned Unit Development to demolish an existing 52,500 square-foot strip shopping center with 174 surface parking spaces, and replace it with underground parking, approximately 56,300 square feet of retail shopping (including a supermarket and several smaller retail spaces), and up to 135 housing units (10% of which would be affordable). The supermarket and the other retail spaces would be at grade on the Fulton Street frontage and accessed by two landscaped pedestrian plazas and a driveway which would include limited passenger loading areas, bicycle parking, and landscaping. The underground parking for the retail component (and for some additional residential parking) would also be accessed from the Fulton Street frontage. 211 parking spaces would be provided for the retail component. Inventory delivery for the supermarket would be in an enclosed loading dock accessed from Central Avenue, in approximately the same location where an existing outdoor loading area is located. The residential component of the development, above the proposed retail level in two and three-story components, would have several pedestrian entrances from Masonic Avenue and McAllister Street. The majority of the residential underground parking would be accessed from McAllister Street and Central Avenue. There would be a total of 170 parking spaces for the residential portion of the proposed development. A landscaped recessed passenger drop-off court for the residential units would be accessed from the McAllister Street frontage. Required open space for the residential units would be provided by a series of landscaped interior court yards and allØs, as well as in private decks and balconies.

PLANNING COMMISSION File No. 98.318C 1760-1770 Fulton Street Assessor’s Block 1175 Lot 10 Motion No. 14807 Page 2

The Planning Department determined in accordance with the provisions of the California Environmental Quality Act (hereinafter EQA.), the State Guidelines for the implementation of CEQA and Chapter 31 of the San Francisco Administrative Code, that the proposed project would not cause significant impacts such that an environmental impact report would be required, and in accordance with the above provisions on March 25, 1999, a Final Negative Declaration was published under File No. 98.318E.

On March 25,1999, the Planning Commission (hereinafter commission.) conducted a duly noticed public hearing at a regularly scheduled meeting on Conditional Use Application 98.318C at which time the Commission reviewed and discussed the findings prepared by the Staff of the Planning Department of the City and County of San Francisco.

The Commission has heard and considered the testimony and evidence presented to it at the public hearing by the public, the project applicant, Department staff and all interested parties, and has further considered all written materials contained in the project files in the Department.

Moved, that the Commission hereby authorizes the Conditional Use requested in Application No. 98.318C subject to the conditions contained in Exhibit A, attached hereto and incorporated

herein by reference thereto , based on the following findings:

Findings

Having reviewed and considered all the materials identified above, and having heard oral testimony and arguments, this Commission finds, concludes and determines as follows:

The project site, consisting of an existing approximately 52,500 square-foot one-story strip shopping center with 174 surface parking spaces, is located in an NC-S (Neighborhood Commercial Shopping Center) zoning district and a 40-X height and bulk district. Up to 177,000 square feet of commercial uses and 162 dwelling units are permitted by Conditional Use authorization as a Planned Unit Development on this 98,340 square foot site. The proposed project consists of 381 underground or otherwise enclosed parking spaces, approximately 56,300 square feet of retail shopping (including a supermarket and several smaller retail spaces), and 135 housing units (13 of which the project sponsor is proposing to be affordable).

2. NC-S Districts are intended to serve as small shopping centers or supermarket sites which provide retail goods and services for primarily car-oriented shoppers. They commonly contain at least one anchor store or supermarket. The range of services offered at their retail outlets usually is intended to serve the immediate and nearby neighborhoods.

PLANNING COMMISSION File No. 98.318C 1750-1770 Fulton Street Assessoras Block 1175 Lot 10 Motion No. 14807 Page 3

Shopping centers and supermarket sites contain mostly one-story buildings which are removed from the street edge and set in a parking lot. Outdoor pedestrian activity consists primarily of trips between the parking lot and the stores on-site. Ground and second stories are devoted to retail sales and some personal services and offices.

The NC-S standards and use provisions allow for medium-size commercial uses in low-scale buildings. Rear yards are not required for new development. Most neighborhood-serving retail businesses are permitted at the first and second stories, but limitations apply to fast-food restaurants and take-out food uses. Some auto uses are permitted at the first story. Limited storage and administrative service activities are permitted with some restrictions.

Housing development in new buildings is permitted.

3. The project site is in the center of the North-of-Panhandle neighborhood shopping district which currently consists of the existing shopping center described in Finding No. 1, and other smaller commercial buildings fronting directly on the south side of Fulton Street. These smaller commercial buildings range from one to three stories, and have retail uses on the ground level, with residential, office or storage uses on upper levels. On the project block, there is a gas station at the corner of Masonic Avenue and McAllister Street, and a group of four residential buildings at the corner of Central Avenue and Fulton Street. These residential buildings are 2.5 to 3.5 stories in height including ground level, and according the City records contain two to four units each, with a total of 12 units between them. Across from the project site on Masonic Avenue, McAllister Street and Central Avenue are residential buildings ranging from two to four stories in height, generally on 25-foot-wide lots and ranging from single family homes to multi-unit buildings.

4. The project site is in an NC-S (Neighborhood Commercial Shopping Center) zoning district. There are also four residential buildings located on the southeast corner of the subject block that are in an RM-1 (Residential, mixed, low density) district. Across the street from the subject site is an NC-1 (Neighborhood Commercial Cluster) District which occupies roughly two-thirds of the block face, an RH-2 District (near the southwest corner of Fulton Street and Central Avenue), and an RM-1 District (at the southwest corner of Fulton Street and Central Avenue.)

The adjacent neighborhood commercial district consists primarily of two story commercial buildings with retail uses at ground level and storage, office, or residential uses on the second level.

The immediate surrounding residential portion of the neighborhood is a mixture of RH-2, RH-3, and RM-1 zoning districts with a mixture of residential, institutional, and non- conforming commercial buildings. A portion of the University of San Francisco campus is

located west of the project site. These buildings range for the most part from two- to four-story buildings


with 25 to 50-foot Street frontages. Residential buildings commonly contain two and three flats, but there are a number of larger apartment buildings as well as few single-family homes. Architectural styles range from ornate San Francisco stick-style Victorians, to Edwardian, to Craftsman style buildings. There are also a few buildings that are of a more modern design.

5. The project sponsor, has met with neighbors, neighborhood organizations and Department Staff. The Department has received letters and phone calls from neighbors and neighborhood groups giving general support for the project as proposed. A group of neighbors, while not opposed to the concept of the project, have expressed concern about density, and existing local neighborhood businesses. The Department has also been contacted by and received letters from several nearby residents and neighborhood organizations that are opposed to the project based on various objections such as parking, traffic considerations, density, chain stores, displacement of existing local businesses, loading dock activities, affordability, and hours of operation.

6. The Planning Code provisions applicable to the proposed project are as follows

Sections 121.2(a) and 713.21 of the Planning Code specifies that any commercial use of 6,000 square feet or greater in an NC-S (Neighborhood Commercial Shopping Center) district must received Conditional Use Authorization from the Planning Commission. The proposed project consists of approximately 56,200 square feet of commercial space.

Section 304(d)(4) of the Planning Code allows for an increase in dwelling unit density for a Planned Unit Development with Conditional Use authorization from the Planning Commission. In an NC-S district, the maximum housing density permitted by right is one unit per 800 square feet of lot area. The subject site which is 98,341 square feet in land area has a permitted density of 122 dwelling units. Under Section 304(d)(4) of the Code this site would be allowed a dwelling unit density of up to one unit per 600 square feet, or 162 units, with a Conditional Use Authorization. The proposal is for 135 units, 13 of which would be affordable.

7. Conditional Use authorization is required for commercial establishments containing 6,000 square feet or more of floor area in an NC-S zoning district, and for a Planned Unit Development.

8. Pursuant to Planning Code Section 121.2(a), the Commission may grant conditional use authorization for the use size of the proposed retail component of the proposed project after consideration of the three criteria listed in this Code section. The project meets the criteria of Planning Code Section 121.2(a) in that:


A. The intensity of activity in the district is not such that allowing the proposed supermarket will be likely to foreclose the location of other needed neighborhood-serving uses in the area. The proposed supermarket will replace an existing strip center which contains a smaller supermarket and other related services. The new supermarket will provide all of the services currently provided by the existing businesses, although the exact manner in which some of these services are currently provided may change. Some services, such as banking, will be added and an additional five smaller retail spaces will be available to lease to businesses providing neighborhood-serving uses.

B. The proposed supermarket (as well as the existing supermarket) by nature and necessity must be larger than the 5,999 square feet allowed by right under Section 713.21 of the Code in order to provide a wide variety of grocery items in large quantities.

C. The proposed building which the supermarket will occupy is designed in 25 to 50-foot discrete facade elements which respect the scale of development in the district.

9. Pursuant to Planning Code Section 303, the Commission may grant conditional use authorization for the use size of the proposed retail component and the proposed density of the residential component of the proposed project. The project meets the criteria of Planning Code Section 303(c) in that:

A. The proposed project site, a mixed-use development, will expand the City’s permanently affordable housing stock by adding 13 dwelling units for individuals and households with less than 100% of the City’s median income. The project will provide up to 122 market rate dwelling units to supplement the city’s scarce supply of available housing units. The proposed project would also replace the existing supermarket with a new larger supermarket and several smaller retail stores, providing much needed daily neighborhood shopping for the surrounding residents. The proposed project would also provide formal public space in the form of a pedestrian plaza. No such space now exists in this neighborhood commercial district. Therefore, the proposed project is necessary and desirable for the neighborhood and the community.

B. The proposed project will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity and will not be injurious to property, improvements or potential development in the project vicinity in that:

PLANNING COMMISSION File No. 98.318C 1750-1770 Fulton Street AssessorAe Block 1175 Lot 10 Motion No. 14807 Page 6

1) The proposed commercial element will provide essentially the same basic neighborhood shopping services that the existing center provides plus some additional services such as banking and a 24-hour pharmacy, although some existing local businesses will be displaced. The project sponsor has agreed to guarantee employment to all Falletti’s Supermarket employees during construction and operations.

2) The proposed residential element will provide much-needed housing at a higher density than surrounding residential blocks, but responds appropriately in terms of building massing to the general character of the neighborhood and to the NC-S zoning district which allows for higher density development. This higher dwelling unit density, as proposed by this project, is appropriate because it is located in the commercial center of the neighborhood, which in terms of land use and urban design, can be more dense without being disruptive to the character of the neighborhood.

3) The increased dwelling unit density should not have a significant adverse affect on neighborhood traffic because the proposed 135 dwelling units will be located in the same structure with and across the street from commercial businesses that will provide virtually all daily shopping needs. The proximity of these commercial uses to the proposed dwelling units would for all practical purposes eliminate the need for numerous automobile trips per day, and thereby reducing potential additional vehicular traffic in the neighborhood. Adequate residential off-street parking is provided.

4) The commercial component of the proposed project should not have a significant affect on neighborhood traffic. Traffic flow will be managed through a left turn ingress lane on Fulton Street into the commercial garage and a right turn only egress lane exiting the commercial garage. The loading dock area for commercial deliveries will be located in essentially the same location as the existing loading area. Deliveries will be scheduled to avoid peak commuter hours and delivery trucks will be directed into and out of the loading docks by supermarket employees. These measures will help to prevent traffic congestion in the neighborhood. While traffic will likely increase with the new commercial component, the increase in traffic should not cause significant traffic congestion. Adequate commercial off-street parking and loading is provided.

5) Unlike the existing center with its surface parking lot and open loading dock area, on-site noise and odors from parking traffic and loading dock activities will be contained within the proposed structure.


6) Landscaping, screening of parking, and quality open spaces will be greatly improved over the existing shopping center. A landscaped pedestrian plaza on the commercial Street frontage and landscaping along the residential street frontages will be provided. All parking will be within the proposed structure. Quality open space will provided for both the residential and commercial components of the proposed development. A signage program will be developed to ensure compatibility with the surrounding neighborhood.

C. The Conditions of Approval require submittal of a landscaping plan and signage for the commercial component of the project to the Planning Department for review and approval prior to issuance of the building permit. Compliance with the Conditions of Approval will ensure that the project will not emit offensive glare or odors. Noises generated by delivery trucks to the supermarket would be contained within an enclosed loading dock area, except for noise associated with ingress and egress to the docks which would be limited for large trucks from 9:00 a.m. to 3:00 p.m., and for smaller trucks from 7:00 a.m. to 4:00 p.m. daily.

D. The proposed project will not adversely affect the objectives and policies of the City’s General Plan:

General Plan Policies

Commerce and Industry Element

Neighborhood Commerce

OBJECTIVE 6: MAINTAIN AND STRENGTHEN VIABLE NEIGHBORHOOD COMMERCIAL AREAS EASILY ACCESSIBLE TO CITY RESIDENTS.

Policy 1: Ensure and encourage the retention and provision of neighborhood- serving goods and services in the city’s neighborhood commercial districts, while recognizing and encouraging diversity among the districts.

Comment: The proposed project will provide essentially the same as well as some additional services to the neighborhood that the existing center now provides. During construction, these services will be interrupted, but some of the services provided by the existing center can be provided by businesses in the immediate neighborhood while other

PLANNING COMMISSION File No. 98.318C 1760-1770 Fulton Street Assessoris Block 1175 Lot 10 Motion No. 14807 Page 8

shopping needs can be met in surrounding neighborhood shopping areas. A free transportation will be provided for handicapped and elderly residents who are currently within walking distance of the project site.

Some additional smaller retail spaces will be included to provide some diversity in types of commercial establishments on the project site.

Policy 2: Promote economically vital neighborhood commercial districts which foster small business enterprises and entrepreneurship and which are responsive to economic and technological innovation in the marketplace and society.

Comment: The project will include five smaller retail spaces to encourage small business enterprises. Space within the supermarket will also be leased out to local area businesses. The new commercial component of the project will provide a more technologically advanced and up to date facility that is responsive to many of the needs and desires of San Francisco residents.

Policy 3: Preserve and promote the mixed commercial-residential character in neighborhood commercial districts. Strike a balance between the preservation of existing affordable housing and needed expansion of commercial activity.

Comment: The proposed project provides a mix of commercial-residential uses common to most San Francisco neighborhood commercial districts. The current center has no such mix. The proposed project will provide a significant number of housing units, including affordable units, on a large site where currently there are none.

Policy 5: Discourage the creation of major new commercial areas except in conjunction with new supportive residential development and transportation capacity.

Comment: The proposed project provides 135 new housing units that will be supportive of the new commercial component of the project and existing surrounding businesses. The site is directly adjacent to two MUNI bus lines.


Policy 7: Promote high quality urban design on commercial streets.

Comments: The current strip shopping center on the project site has a very poor quality of urban design. It is completely suburban in nature and provides no significant pedestrian amenities. A parking lot fronts on Masonic Avenue and Fulton Street across from a quaint neighborhood commercial cluster of shops and services. The strip center turns a blank facade to both McAllister Street and Central Avenues which are primarily residential streets. An open loading dock also fronts on Central Avenue.

The commercial component of the proposed center has eight pedestrian entrances onto a pedestrian plaza that is adjacent to the public sidewalk. Five of these entrances are into smaller retail units while three entrances are into different areas of the proposed supermarket. The pedestrian plaza area will be landscaped and surfaced with decorative concrete payers and integrated into the drop-off area in a manner that allows pedestrians to cross the drop-off traffic lane with ease and safety. The residential component of the proposed development has eight pedestrian entrances: four into the common areas of the development and four into individual units. These entrances are designed to provide more interaction with the street and to visually improve the street scape. Facade proportions on both the commercial and residential components are broken into smaller segments to reflect the scale of block faces in the immediate neighborhood. Garage entrances will be recessed and detailed to improve their street appearance.

Policy 9: Regulate uses so that traffic impacts and parking problems are minimized.

Comments: The ingress and egress of the proposed development is restricted to minimize conflicts with MUNI and other traffic. More than the required amount of commercial parking is provided to preserve on street parking for surrounding neighbors.

Policy 10: Promote neighborhood commercial revitalization, including community-based and other economic development efforts where feasible.


Comment: The proposed center would provide a new commercial facility to the neighborhood and replace an outdated suburban-style strip center. Smaller retail spaces and space within the proposed supermarket will be made available to community-based businesses. However, some existing local businesses in the existing center would be displaced. The proposed housing would provide new customers for surrounding businesses, helping to revitalize the neighborhood commercial district.

Residence Element

OBJECTIVE 1: TO PROVIDE NEW HOUSING, ESPECIALLY PERMANENTLY AFFORDABLE HOUSING, INAPPROPRIATE LOCATIONS WHICH MEETS IDENTIFIED HOUSING NEEDS AND TAKES INTO ACCOUNT THE DEMAND FOR AFFORDABLE HOUSING CREATED BY EMPLOYMENT GROWTH.

Policy 2: Facilitate the conversion of underused industrial and commercial areas to residential use, giving preference to permanently affordable housing uses.

Comment: The subject property is under-developed and is occupied by a retail strip shopping center and a large surface parking lot. The surrounding neighborhood is a combination of mixed-use neighborhood commercial uses at ground level with residential uses above, and multi-level residential uses. The Code allows for a much higher density of development on this site. The proposed project would utilize the allowable density to provide a retail component of similar size to the existing shopping center, and would provide 135 much-needed housing units which would include 13 permanently affordable housing units.

Policy 4: Locate infill housing on appropriate sites in established neighborhoods.

Comment: San Francisco neighborhood commercial districts have traditionally provided ground level retail with residential uses above. The subject site is an ideal location to develop a neighborhood-serving shopping center with housing units on upper levels. This pattern of residential above retail uses is appropriate for this and surrounding established neighborhoods.


OBJECTIVE 2

Policy 2

TO INCREASE THE SUPPLY OF HOUSING WITHOUT OVER CROWDING OR ADVERSELY AFFECTING THE PREVAILING CHARACTER OF EXISTING NEIGHBORHOODS.

Facilitate the conversion of underused industrial and commercial areas to residential use, giving preference to permanently affordable housing uses.

Comment: The proposed project is designed within permitted density and volumes for an NC-S zoning district under the provisions for a Planned Unit Development per Section 304 of the Code with a Conditional Use authorization by the Planning Commission. The proposed dwelling unit density is somewhat higher, but still similar to the surrounding neighborhood. The proposed higher density is appropriate given the central location of the site. Potential traffic impacts from the proposed project will be reduced due to the proximity of these dwelling units to neighborhood shopping. The 40-foot height of the development is reflective of many residential buildings in the neighborhood as well as residential neighborhoods in many other parts of San Francisco.

Thirteen units in the proposed project will be affordable to households with incomes less than 100% of the median household income for San Francisco.

OBJECTIVE 6: TO IMPROVE THE CITYWIDE AFFORDABLE HOUSING DELIVERY SYSTEM.

Policy 3: Improve the planning review and approval process and give priority to permanently affordable housing projects.

Comment: The proposed project will contain 13 permanently affordable units.

OBJECTIVE 7: TO INCREASE LAND AND IMPROVE BUILDING RESOURCES FOR PERMANENTLY AFFORDABLE HOUSING.

Policy 1: Create more housing opportunity sites for permanently affordable housing.

Policy 2: Include affordable units in larger housing projects.


Policy 3: Grant density bonuses for construction of affordable or senior housing.

OBJECTIVE 12: TO PROVIDE A QUALITY LIVING ENVIRONMENT.

Policy 4: Promote construction of well designed housing that conserves existing neighborhood character.

Comment: The proposed project is well designed and will be well constructed to complement the existing neighborhood, replacing a suburban-style strip center with an unsightly surface parking lot. The project sponsor, the Future of the Plaza Coalition, and Department staff are working and will continue to work closely together to ensure a quality design for the project that will be compatible with the neighborhood character.

OBJECTIVE 13: TO PROVIDE MAXIMUM HOUSING CHOICE.

Policy 5: Encourage economic integration in housing by ensuring that new permanently affordable housing is located in all of the Cityas neighborhoods, and by requiring that all new large market rate residential development includes affordable units.

Urban Design Element

OBJECTIVE 2: CONSERVATION OF RESOURCES WHICH PROVIDE A SENSE OF NATURE, CONTINUITY WITH THE PAST AND FREEDOM FROM OVER-CROWDING.

Policy 6: Respect the character of older development nearby in the design of new buildings.

Policy 7: Recognize and protect outstanding and unique areas that contribute in an extraordinary degree to San Francisco’s visual form and character.

Comment: The project as proposed is designed to be compatible in both style and scale with the neighborhood. The facade of the project is broken into smaller segments to respond to the block face patterns of the neighborhood. Fenestration and detailing is designed to respond to


the best of existing character of surrounding development. In terms of urban design, the existing suburban-style shopping center is very much out of character with the surrounding urban neighborhood. The proposed project offers the best of both worlds, providing convenient daily grocery shopping with plenty of parking, as NC-S districts are proposed to do, while creating a more pedestrian-friendly, urban environment for the surrounding neighborhood, and also providing much needed housing for the city at large.

OBJECTIVE 3: MODERATION OF MAJOR NEW DEVELOPMENT TO COMPLEMENT THE CITY PATTERN, THE RESOURCES TO BE CONSERVED, AND THE NEIGHBORHOOD ENVIRONMENT.

Policy 1: Promote harmony in the visual relationships and transitions between new and older buildings.

Comment: See Comment above.

Policy 2: Avoid extreme contrasts in color, shape and other characteristics which will cause new buildings to stand out in excess of their public importance.

Policy 3: Promote efforts to achieve high quality of design for buildings to be constructed at prominent locations.

Policy 5: Relate the height of buildings to important attributes of the City pattern and to the height and character of existing development.

Policy 6: Relate the bulk of buildings to prevailing scale of development to avoid an overwhelming or dominating appearance in new construction.

Comment: The proposed design will be consistent with the above Policies 2, 3, 5, and 6. It is a design that is respectful of the scale and architectural styles found in the neighborhood. It does provide a somewhat larger scale than surrounding development. However, as the center of the neighborhood, as indicated by its NC-S zoning, it is appropriate to have somewhat higher density and visual prominence than the surrounding neighborhood, as long as the scale of the project is not overpowering.


OBJECTIVE 4: IMPROVEMENT OF THE NEIGHBORHOOD ENVIRONMENT TO INCREASE PERSONAL SAFETY, COMFORT, PRIDE AND OPPORTUNITY.

Policy 1: Protect residential areas from the noise, pollution and physical danger of excessive traffic.

Comment: The proposed project protects the neighborhood from noise generated from parking lots and loading areas. The current site has an open surface parking lot and an open loading dock area that do not contain noise. The proposed project has an underground parking facility and a completely enclosed loading dock.

Commercial traffic will be controlled through one main entrance to the commercial parking garage. Egress from this garage will be right turn only onto Fulton Street to prevent traffic conflicts at the intersection of Fulton Street and Central Avenue. Ingress into the parking garage will be facilitated by a left turn lane provided for east bound traffic along Fulton Street.

A drop-off area for taxis, shuttle buses, and handicapped individuals will help prevent double parking along the Fulton Street frontage.

Traffic normally generated by 135 dwelling units will be substantially reduced because the proposed dwelling units will be directly above the retail component of the project and across the street from the existing neighborhood shopping on the south side of Fulton Street. These retail establishments will provide virtually all daily shopping needs for most residents of the proposed project, eliminating the need or desire to drive to the grocery store or to other daily shopping destinations.

Policy 10: Encourage or require the provision of recreational space in private development.

Comment: The residential component of the development will have an internal open space layout that will consist of a series of courtyards and allØs creating a village-style atmosphere. A fitness room would also be provided. The commercial component will provide a pedestrian plaza with an active retail frontage, encouraging social interaction and street activity.


Policy 12: Install, promote and maintain landscaping in public and private areas.

Comment: All open space areas will consist of a combination of landscaping and decorative paving. Landscape will also be provided at various points along public sidewalks to soften the appearance of the building where it meets the sidewalk.

Transportation Element

OBJECTIVE 2: USE THE TRANSPORTATION SYSTEM AS A MEANS FOR GUIDING DEVELOPMENT AND IMPROVING THE ENVIRONMENT.

Policy 2.1: Use rapid transit and other transportation improvements in the City and region as the catalyst for desirable development, and coordinate new facilities with public and private development.

OBJECTIVE 11: MAINTAIN PUBLIC TRANSIT AS THE PRIMARY MODE OF TRANSPORTATION IN SAN FRANCISCO AND AS A MEANS THROUGH WHICH TO GUIDE FUTURE DEVELOPMENT AND IMPROVE REGIONAL MOBILITY AND AIR QUALITY.

Policy 11.3: Encourage development that efficiently coordinates land use with transit service, requiring that developers address transit concerns as well as mitigate traffic problems.

Comment: The proposed development is served directly by both the 5 Fulton and the 43 Masonic MUNI lines and is within walking distance of two other MUNI lines. The project is also in walking distance of many residences, including the proposed 135 residential units.

OBJECTIVE 30: ENSURE THAT THE PROVISION OF NEW OR ENLARGED PARKING FACILITIES DOES NOT ADVERSELY AFFECT THE LIVABILITY AND DESIRABILITY OF THE CITY AND ITS VARIOUS NEIGHBORHOODS.

Policy 30.1: Assure that new or enlarged parking facilities meet need, locational and design criteria.


Comment: The proposed parking for the commercial component of the project is designed to minimize traffic conflicts and provide adequate parking for supermarket customers. Supermarkets by nature generate a higher level of automobile trips than other many other commercial uses in the city because of the need to transport a large number of grocery items from the store to the consumer’s home. This cannot be done as easily on foot except for patrons that live in the immediate vicinity. The purpose of NC-S (Neighborhood Commercial Shopping Center) Districts is to provide larger stores that provide a wide variety of goods in large volumes and to provide reasonably plentiful and convenient parking. The proposed project accomplishes this purpose, but at the same time creates a more urban environment that is more compatible with traditional San Francisco neighborhoods than the existing strip mall and surface parking lot.

OBJECTIVE 34: RELATE THE AMOUNT OF PARKING IN RESIDENTIAL AREAS AND NEIGHBORHOOD COMMERCIAL DISTRICTS TO THE CAPACITY OF THE CITY’S STREET SYSTEM AND LAND USE PATTERNS.

Policy 34.1: Regulate off-street parking in new housing so as to guarantee needed spaces without requiring excesses and to encourage low auto ownership in neighborhoods that are well served by transit and are convenient to neighborhood shopping.

Comment: Excess parking is provided for the residential component of the project, and although this is contrary to this particular policy of the General Plan and is in direct conflict with the City’s Transit First Policy, the developer has agreed to provide the excess parking at the insistence of neighborhood groups. The San Francisco Bicycle Coalition has expressed opposition to providing this excess parking, indicating that this encourages unnecessary automobile ownership and usage. However, on-street parking is very limited in the surrounding neighborhood (as in many San Francisco neighborhoods) and providing the excess parking may help reduce demand for on-street parking that may be created by the new dwelling units.


Community Facility Element

OBJECTIVE 3: ASSURE THAT NEIGHBORHOOD RESIDENTS HAVE ACCESS TO NEEDED SERVICES AND A FOCUS FOR NEIGHBORHOOD ACTIVITIES.

Comment: The project sponsor has agreed to make the employee lounge of the supermarket available to neighborhood groups as a meeting hall during store hours. The proposed pedestrian plaza is designed to provide a well-defined, pleasant outdoor space for neighborhood activities, to encourage social interaction in general, and to provide a pedestrian focal point for the neighborhood.

Recreation and Open Space Element

OBJECTIVE 4: PROVIDE OPPORTUNITIES FOR RECREATION AND THE ENJOYMENT OF OPEN SPACE IN EVERY SAN FRANCISCO NEIGHBORHOOD.

Policy 5: Require private usable outdoor open space in new residential development.

Comment: The proposed project far exceeds common open space requirements and would provide high quality outdoor spaces which would be of benefit to the project residents.

Policy 7: Provide open space to serve neighborhood commercial districts.

Comment: The proposed project provides a pedestrian plaza with an active retail frontage and direct access to Fulton Street. This plaza area will contain seating and covered bike racks, will be protected from wind and traffic noise from Masonic Avenue, and will be well landscaped. The neighborhood does not have a central public outdoor gathering space that provides a focal point for social activities and interaction. The proposed pedestrian plaza will provide an ideal venue for such activities

Environmental Protection Element

OBJECTIVE 10: MINIMIZE THE IMPACT OF NOISE ON AFFECTED AREAS.


Policy 1: Promote site planning, building orientation and design, and interior layout that will lessen noise intrusion.

Comment: The proposed underground parking and enclosed loading docks will reduce the amount of traffic noise currently generated on-site.

OBJECTIVE 15: INCREASE THE ENERGY EFFICIENCY OF TRANSPORTATION AND ENCOURAGE LAND USE PATTERNS AND METHODS OF TRANSPORTATION WHICH USE LESS ENERGY.

Policy 1: Increase the use of transportation alternatives to the automobile.

Policy 3: Encourage an urban design pattern that will minimize travel requirements among working, shopping, recreation, school and child care areas.

Comment: The proposed project provides an excellent opportunity to reduce travel requirements. All of the 135 housing units will be directly above and across the street from virtually all conceivable daily shopping services, substantially reducing automobile trips. The services to be provided by the retail component of the development will also be in walking distance to the surrounding neighborhood.

12. The proposed project will require Planned Unit Development authorization for 13 units above what the Planning Code allows by right in NC-S districts. The subject site will allow up to 122 units by right, and the project sponsor is proposing 135 units. The Planning Commission can approve up to 162 dwelling units under Section 304 of the Code.

13. Code Section 304 permits the Commission to authorize, as a Conditional Use, a PUD. PUD’s are intended for projects on sites of half an acre or larger, developed as integrated units and designed to produce an environment of stable and desirable character which will benefit the occupants, the neighborhood and the city as a whole. In cases of outstanding over-all design, complementary to the design and values of the surrounding area, such a project may merit a well-reasoned modification of certain of the provisions contained elsewhere in the Code. Code Section 304(d) establishes criteria and limitations for the authorization of PUDaS over and above those applicable to Conditional Uses in general and contained in Code Section 303(c) and elsewhere in the Code. PU D’s must:

A. Affirmatively promote applicable objectives and policies of the General Plan;

B. Provide off-street parking adequate for the occupancy proposed;


C. Provide open space usable by the occupants and, where appropriate, by the general public, at least equal to the open spaces required by the Code;

D. Be limited in dwelling unit density to less than the density that would be allowed by the Code for a district permitting a greater density, so that the PUD will not be substantially equivalent to a reclassification of property;

E. In mR. districts, include commercial uses only to the extent that such uses are necessary to serve residents of the immediate vicinity, subject to the limitations for NC-1 (Neighborhood Commercial Cluster) districts under the Code; and

F. Under no circumstances be excepted from any height limit established by the Code, unless such exception is explicitly authorized by the terms of the Code. In the absence of such an explicit authorization, exceptions from the provisions of this Code with respect to height are confined to minor deviations from the Code provisions for measurement of height, and no such deviation may depart from the purposes or intent of the Code;

G. In Neighborhood Commercial (hereinafter NC.) Districts, be limited in gross floor area to that allowed under the Floor Area Ratio limit permitted for the district in Code Section 124 and Article 7 of the Code; and

H. In d’JC. Districts, not violate the use limitations by story set forth in Article 7 of the Code.

14. The proposed project complies with the criteria for a Planned Unit development in that:

A. The project site, consisting of approximately 98,341 square feet, is in excess of 1/2 acre.

B. The development of a mixed use project at 1750-1770 Fulton Street that provides housing, convenient and necessary neighborhood shopping, sufficient parking, quality private and public open space, and high quality urban design, will create a healthy residential environment beneficial to the future occupants, the neighborhood and the City as a whole.

15. The proposed project merits modification from the quantitative requirements of the City Planning Code in that:

A. The proposed project will provide 13 permanently affordable housing units.


B. A total of 135 much-needed housing units will be provided.

C. The amount of off-street parking proposed is adequate for the proposed occupancy.

D. The proposed project will provide more usable open space than that required by the Code.

E. The proposed project is an improvement over the existing development in terms of urban design, pedestrian access, reduced traffic noise, neighborhood compatibility, and provision of housing.

F. The project.s height, gross floor area and uses by story comply with the Planning Code.

16. Although the proposed project is somewhat larger in scale than the surrounding neighborhood, this increased scale is appropriate given:

A. The central location of the project;

B. The architectural massing and facade articulation of the project which responds well to the surrounding neighborhood, making the proposed building appear more as series of smaller buildings rather than one large monolithic structure;

C. The Neighborhood Commercial Shopping Center zoning permits higher density than allowed in the surrounding neighborhood: and

D. Much-needed market rate and affordable housing will be provided.

17. Planning Code Section 101.1(b) established eight priority planning policies and requires review of permits for consistency with said policies. The proposed project is consistent with and will promote said policies in that:

A. The proposed project is consistent with Section 101.1(b)((1) because it will provide all of the services that are currently provided by the existing shopping center. The center will also provide some new services and wider selections of grocery items than are currently offered at the existing center. While all existing businesses will be displaced during construction, some of the existing businesses will be given the opportunity to locate in the new retail portion of the project.


B. The City’s existing housing, the neighborhood character, and the cultural and economic diversity will be preserved and enhanced, consistent with the provisions of Section 101.1(b) (2), because the proposed project:

1) Will provide 135 new housing units, 13 of which will be affordable;

2) Will be more in character with the neighborhood in terms of urban design, pedestrian accessibility, and noise reduction than the existing center;

3) Will provide an expanded selection of needed neighborhood shopping choices;

4) Will provide usable public open space conducive to social interaction.

C. The proposed project will affirmatively promote the provisions of Section 101.1 (b)(3), because it will add 13 units to the City’s affordable housing stock for persons and households with income below 100% of median income.

D. The proposed project will be consistent with the provisions of Section 101.1 (b)(4), because, as an in-fill residential development with easy access to public transit and shopping, the proposed project will not significantly contribute to commuter traffic or impede MUNI services or overburden our streets. The proposed project will provide sufficient off-street parking spaces to meet the demand of the project’s residents without overburdening existing on-street parking. The location of a passenger zone on Fulton Street and the locations of the ingress and egress to off-street parking areas will avoid or minimize conflict with automobile and MUNI traffic. The loading dock area will be operated during non-rush hours and will be supervised as necessary by a supermarket employee to prevent conflicts with MUNI or other traffic.

E. The proposed project is consistent with the provisions of Section 101.1(b)(5), because the project residents, from diverse economic and ethnic backgrounds, will mirror the diversity of the neighborhood. The proposed project will not displace any businesses of the service or industrial sectors because the project site is not zoned for service or industrial sector uses.

F. The proposed project promotes the provisions of Section 101.1 (b)(6) because it will be constructed to meet current fire safety and seismic standards.

PLANNING COMMISSION File No. 98.318C 1750-1770 Fulton Street Assessords Block 1175 Lot 10 Motion No. 14807 Page 22

G. The proposed project will be in compliance with Section 101.1(b)(7) because no historic structures will be altered, demolished or otherwise adversely affected. The proposed project will be more in character with the architectural heritage of the neighborhood than the existing strip shopping center.

H. The proposed project is not near any public park and will not impede sunlight access to any public open space nor impair any public view corridor. The proposed project is consistent with the provisions of Section 101.1 (b)(8).

18. The Commission finds that the proposed project will promote the health, safety, and public welfare, and that the project is necessary and desirable for the reasons set forth above.

DECISION

That based upon the record, the submissions by the Applicant, the staff of the Planning Department, and other interested parties, the oral testimony presented to this Commission at the Public Hearing, and all other written materials submitted by all parties, the Planning Commission hereby APPROVES conditional use application No. 98.318C for a planned unit development and deviations from certain quantitative standards of the Planning Code, subject to the conditions of approval attached hereto as Exhibit A.

I hereby certify that the foregoing Motion was ADOPTED by the Planning Commission at its regular meeting of March 25, 1999.

Jonas lonin Commission Secretary

AYES: Commissioners Antenore, Chinchilla, Mills, Theoharis

NOES: None

ABSENT: Commissioners Joe, Martin

ADOPTED: March 25, 1999

ASL:pg\1 750-1770 Fulton Street

PLANNING COMMISSION File No. 98.318C 1750-1770 Fulton Street Assessor’s Block 1175 Lot 10 Motion No. 14807

EXHIBIT A

CONDITIONS OF APPROVAL

Environmental Mitigation Measures

The following mitigation measures in the final negative declaration issued March 25, 1999 for the proposed project shall be implemented.

A. Air Quality


The project sponsor shall require the construction contractor(s) to spray the project site with water during excavation, grading, and site preparation activities; spray unpaved construction areas with water at least twice per day; cover stockpiles of soil, sand, and other material; cover trucks hauling debris, soil, sand, or other such material; and sweep surrounding streets during these periods at least once per day to reduce emissions of particulates.

Ordinance 175-91, passed by the San Francisco Board of Supervisors on May 6, 1991, requires that non-potable water be used for dust control activities. Therefore, the project sponsor shall require the construction contractor(s) to obtain reclaimed water from the Clean Water Program for this purpose.

The project sponsor shall require the construction contractor(s) to maintain and operate construction equipment so as to minimize exhaust emissions of particulates and other pollutants, by such means as prohibiting idling motors when equipment is not in use or when trucks are waiting in queues, and implementing specific maintenance programs to reduce emissions for equipment that would be in frequent use for much of the construction period.

B. Hazards


The project sponsor shall submit the following Phase I Environmental Site Assessment by Treadwell & Rollo and Phase II Environmental Site Assessments by Erler & Kalinowski to the San Francisco Department of Public Health, Environmental Health Management Section - Hazardous Waste Unit (EHS-HWU) for review and approval prior to approval of the building permit application for the proposed project by the San Francisco Planning Department.

PLANNING COMMISSION File No. 98.318C 1750-1770 Fulton Street Assessor’s Block 1175 Lot 10 Motion No. 14807 EXHIBIT A Conditions of Approval Page 2

Erler & Kalinowski. June 18, 1996. Results of Soil and Grab Groundwater Sampling at the 1750/1770 Fulton Street Property in San Francisco, California.

Erler & Kalinowski. December 24, 1996. Results of Groundwater Monitoring Well Installation and Sampling at the 1750/1770 Fulton Street Property in San Francisco, California.

Treadwell & Rollo. November 18, 1997. Phase I Environmental Site Assessment, Falletti Fine Foods Site, 1750 and 1770 Fulton Street, San Francisco, California.

If, based on the results of the soil tests conducted by Erler & Kalinowski, EHS-HWU determines that the soils on the project site are contaminated with petroleum hydrocarbons or heavy metals at or above potentially hazardous levels, the project sponsor shall submit a detailed Project Construction/Evacuation Plan and a Site Mitigation Plan (SMP) to EHS-HWU for review and approval prior to approval of the building permit application for the proposed project by the San Francisco Planning Department. The Project Construction/Excavation Plan shall include the proposed locations of any foundations, utility trenches, or elevator pits on the project site. The SMP shall include a discussion of the level of petroleum hydrocarbon and heavy metal contamination of soils on the project site and mitigation measures for managing contaminated soils on the site, including, but not limited to: 1) the alternatives for managing contaminated soils on the site (e.g., encapsulation [placement of a cap], partial or complete removal, treatment, recycling for reuse, or a combination); 2) the preferred alternative for managing contaminated soils on the site and a brief justification; 3) if contaminated soil will remain on the site and encapsulated, a description of procedures to be followed to maintain the cap; and 4) the specific practices to be used to handle, haul, and dispose of contaminated soils on the site, including, but not limited to, the measures listed below.

If, based on the results of the soil tests conducted by Erler & Kalinowski, EHS-HWU determines that the soils on the project site are contaminated with petroleum hydrocarbons or heavy metals at or above potentially hazardous levels, the construction contractor shall be alert for the presence of such soils during excavation and other construction activities on the site (detected through soil odor, color, and texture and results of on-site soil testing), and shall be prepared to handle, profile (i.e., characterize), and dispose of such soils appropriately (i.e., as dictated by local, state, and federal regulations, including Cal-OSHA safe work practices) when such soils are encountered on the site.

PLANNING COMMISSION File No. 98.318C 1750-1770 Fulton Street Assessoris Block 1175 Lot 10 Motion No. 14807 EXHIBIT A Conditions of Approval Page 3

The construction contractor shall keep exposed soils, during excavation for site preparation and project construction activities, moist throughout the time they are exposed, both during and after work hours.

Where soils are stockpiled, the construction contractor shall use visqueen to create an impermeable liner, both beneath and on top of the soils, with a berm to contain any potential surface water runoff from the soil stockpiles during inclement weather.

If necessary, the construction contractor shall use clean fill or other suitable material(s) to bring portions of the project site, where contaminated soils have been excavated and removed, up to construction grade.

The construction contractor shall haul contaminated soils off the project site in waste hauling trucks appropriately certified with the State of California and adequately covered to prevent dispersion of the soils during transit; and shall dispose of contaminated soils at a permitted hazardous waste disposal facility registered with the State of California or appropriate agency.

The project sponsor shall submit a Health and Safety Plan (HSP) prepared in accordance with State of California Occupational Safety and Health Administration Guidelines to EHS-HWU for review and approval at least two weeks prior to the start of work on the project site. The HSP shall be prepared by a Health and Safety Officer certified by the State of California. The HSP shall contain an analysis of potential hazards on the site, including exposure to petroleum hydrocarbons or heavy metals, that may be encountered by workers on the project site; and precautions to mitigate the potential hazards.

After excavation and foundation construction activities are completed on the site, the project sponsor shall prepare and submit a closure/certification report to EHS-HWU for review and approval. The closure/certification report shall include the mitigation measures in the SMP for handling and removing contaminated soils from the project site, whether the construction contractor modified any of these mitigation measures, and how and why the construction contractor modified those mitigation measures.

If potentially hazardous levels of petroleum hydrocarbons, heavy metals, or other hazardous materials remain in soils on the project site after project construction, the project sponsor shall file a recordation on the deed for the subject property that indicates the need to take special precautions during future disturbance of the soils on the property due to certain on-site soil conditions.

PLANNING COMMISSION File No. 98.318C 1750-1770 Fulton Street Assessoras Block 1175 Lot 10 Motion No. 14807 EXHIBIT A Conditions of Approval Page 4

C. Cultural Resources


Should evidence of archaeological resources of potential significance be found during ground disturbance, the project sponsor shall immediately notify the Environmental Review Officer (ERO) and shall suspend any excavation which the ERO determined could damage such archaeological resources. Excavation or construction activities which might damage discovered archaeological resources shall be suspended for a total maximum of four weeks over the course of construction.

After notifying the ERO, the project sponsor shall select an archaeologist to assist the ERO in determining the significance of the archaeological find. The archaeologist shall prepare a draft report containing an assessment of the potential significance of the archaeological find and a recommendation for what measures should be implemented to minimize potential effects on archaeological resources. Based on this report, the ERO shall recommend specific additional mitigation measures to be implemented by the project sponsor.

Mitigation measures might include a site security program; additional on-site investigations by the archaeologist; and/or documentation, preservation, and recovery of cultural materials. Finally, the archaeologist shall prepare a draft report documenting the archaeological resources that were discovered and an evaluation as to their significance, and a description as to how any archaeological testing, exploration, and/or recovery program was conducted.

Copies of all draft reports prepared according to this mitigation measure shall be sent first and directly to the ERO for review. Following approval by the ERO, the archaeologist shall send copies of the final report(s) directly to the President of the Landmarks Preservation Advisory Board and the California Archaeological Site Survey, Northwest Information Center. Three copies of the final report(s) shall be submitted to the ERO, accompanied by copies of the transmittals documenting its distribution to the President of the Landmarks Preservation Advisory Board and the California Archaeological Site Survey, Northwest Information Center.

PLANNING COMMISSION File No. 98.318C 1760-1770 Fulton Street Assessor.s Block 1175 Lot 10 Motion No. 14807 EXHIBIT A Conditions of Approval Page 5

Land Use/Density

2. This approval is for the demolition of an existing 52,500 square-foot strip shopping center with 174 parking spaces to be replaced by the construction of approximately 381 underground or otherwise enclosed parking spaces, approximately 56,300 square feet of retail shopping including a supermarket and several smaller retail spaces, and 135 housing units (13 of which will be affordable) at 1750-1770 Fulton Street, Assessor’s Block 1175, Lot 10.

3. The Development shall provide 211 spaces for the retail portion of the project and 170 parking spaces for the residential portion of the project as shown in Exhibit B.

4. The hours of operation for the supermarket at the project site will be limited to the hours of 7:00 a.m. to 10:00 p.m. with the exception of a pharmacy which may operate 24 hours daily. The project sponsor may seek extension of the hours if it is determined that there is

sufficient demand, need and desire in the neighborhood for additional hours of operation, and such an extension would not create a significant nuisance to the surrounding neighborhood. Such an extension would require review by the Planning Commission.

5. After regular business hours as established in Condition of Approval No. 4 above, the pharmacy must be accessed by the general public separately from the rest of the supermarket operations. Neither shall other portions of the commercial operations of the project be accessed by the general public from inside the pharmacy beyond the hours established under the provisions of Condition of Approval No.4 above. No alcohol shall be sold from the pharmacy on the subject site beyond these hours.

6. Delivery trucks associated with the supermarket operator shall be limited to the hours of 9:00 a.m. to 3:00 p.m daily. Delivery hours for smaller trucks not associated with the supermarket operator (such as bread trucks and other independent vendors) shall be limited to the period of 7:00 a.m. to 4:00 p.m. Exceptions may be made for extreme and unusual emergency situations, but deliveries shall be scheduled to anticipate traffic delays, inclement weather or other typical occurances in order to avoid delivery activity outside of the permitted delivery hours.


Design

7. With the exception of the housing unit density exception granted by this conditional use authorization, final plans shall meet the standards of the Planning Code; the design of the proposed project shall be in general conformity with the plans approved by the Commission attached hereto as Exhibit B;

8. The Project architects shall continue to work with the Planning Department (Department.) with input from the neighborhood to develop further and to refine the design of the proposed project in terms of facade design and landscaping as determined necessary by Department staff to meet the following design goals:

A) The housing component of the project will be designed to integrate well into the surrounding neighborhoods. Features will include multiple entrances from the perimeter sidewalks to individual dwelling units as well as multiple general entrances into the courtyard of the housing component.

B) The design of the buildings will be aesthetically integrated with the surrounding neighborhood, reflecting important basic design characteristics of the best examples of predominate styles of architecture and urban design in the neighborhood, including Edwardian, Victorian, and Craftsman as well as a few more modern examples in this particular area of the city. The facade of the building shall be broken down into segments of 25’-0" to 50’-0" to reflect the modulation of the immediately surrounding block faces. Quality residential materials such as solid wood siding, stucco, and shingles shall be used. Quality detailing shall be employed such as appropriate window reveals, window frame materials, trim and cornices.

C) The southwestern corner of the project building shall be redesigned to more appropriately emphasize its prominent corner location in an architectural style more compatible with the neighborhood.

D) The project design will include a plaza area that is conducive to social interaction, integrated and suitably located, and protected by either distance or barriers from wind and noise from Masonic Avenue traffic.

E) The overall design of the project shall be contextual and complimentary to the neighborhood.


9. Project architect shall submit a signage plan for review and approval by Department staff. Signage shall be in compliance with Article 6 of the Planning Code and shall be in character with the surrounding neighborhood as determined by Department staff. No free-standing signs shall be permitted on the project site.

10. The project architect shall submit a detailed landscaping plan for review and approval by Department staff. In particular, landscaping shall be added along the Masonic, McAllister, and Central Avenue frontages to soften the appearance of the building where there is a lack of window or door openings. Sidewalk encroachment permits, if approved by the Department of Public Works, shall be obtained where deemed necessary by Department staff.

Affordability

11. The Project Sponsor shall designate a total of 13 units as affordable [Below Market Rate (BMR)] first time home buyer condominium units to be constructed on the site of the principal project. This total represents 10% of all units of the project.

12. The subject BMR units shall reflect the unit size mix of the market rate units and shall be distributed in the range of unit sizes:

Six two bedroom units. Seven one bedroom units.

13. The BMR units shall be (i) interspersed evenly throughout the project, (ii) constructed and marketed concurrently with the construction and sale of the market-rate units in the project and (iii) of the same quality and materials as the market-rate units in the project.

A. Prior to the filing of any subdivision map (including tentative maps) for the project (including any subdivision map filed for any partial phase of the project),

(1) the Project Sponsor shall have cumulatively designated at least one (1) BMR unit for every nine (9) market-rate units shown on such map and any previously filed subdivision maps, and

(2) All BMR units designated by the Project Sponsor on all filed subdivision maps shall be explicitly subject to these Conditions of Approval in a manner satisfactory to the Zoning Administrator and in accordance with the Procedures Manual, as defined below.


B. Prior to issuance of any building permit for the project (including any building permit issued for any partial phase of the project), the Project Sponsor shall

(I) have cumulatively designated at least one (1) BMR unit for every nine (9) market-rate units covered by the building permit to be issued and any previously issued building permits for the project; and

(2) Promptly provide a copy of any subdivision map described in Paragraph A(1) of these Conditions of Approval and any notice of special restrictions recorded pursuant to this Motion and the Procedures Manual, to the Mayor’s Office of Housing or its successor ("MOH"), the monitoring agency for the BMR units, at 25 Van Ness Avenue, Suite 600, San Francisco, California 94102.

C. Prior to issuance of any certificate of occupancy for a unit in the project, the Project Sponsor shall have cumulatively designated at least one (1) BMR unit for every nine (9) market-rate units covered by the certificate of occupancy to be issued and any previously issued certificate of occupancy for the project.

14. All BMR units shall be sold to first time home buyer households, as defined in the Affordable Housing Monitoring Procedures Manual (hereinafter procedures Manual.) published and adopted by Resolution No. 13405 on September 10, 1992 by the City Planning Commission, whose gross annual income, adjusted for household size, does not exceed 100 percent of the median income for the San Francisco Principal Metropolitan Statistical Area (PMSA). The initial sales price of such units shall be calculated according to the Procedures Manual based on such percentage of median income. This restriction shall apply for a fifty (50) year period from the date of the initial sale of the BMR unit.

15. All qualifying households shall maintain residence in the BMR unit according to the procedures established in the Procedures Manual.

16. Sale and resale of BMR units shall satisfy the marketing, sales, reporting and monitoring procedures, including the payment of administrative fees to the monitoring agency if such a fee is authorized by ordinance, according to the procedures established in the Procedures Manual.

17. The definitions, procedures and requirements for BMR units set forth in the Procedures Manual are incorporated herein as Conditions of Approval. Terms used in these Conditions of Approval and not otherwise defined shall have the meanings set forth in the Procedures Manual.

PLANNING COMMISSION File No. 98318C 1760-1770 Fulton Street Assessoras Block 1175 Lot 10 Motion No. 14807 EXHIBIT A Conditions of Approval Page 9

18. In the event that the project sponsor determines that it is infeasible to sell the proposed affordable dwelling units, and instead chooses to operate the housing project as rental units, rental of the thirteen affordable housing units shall comply with all provisions of the Procedures Manual relating to affordable rental units and any other related City laws.

Transportation and Circulation

19. The design of the transportation patterns for accessing the retail stores and the dwelling units shall encourage pedestrians and bicyclists as specified by the City’s .Transit First. policy. Specific features will include:

A) An improved design for the pedestrian island between the ingress and egress of vehicles on Fulton Street;

B) A right-turn-only exit from the commercial parking garage onto Fulton Street;

C) Decorative paving for sidewalks, cross walks and car lanes to visually emphasize the pedestrian nature of the plaza and drop-off areas along the Fulton Street frontage;

D) Provision of bicycle parking, showers and lockers for supermarket employees;

E) 24 covered bicycle parking spaces provided in the retail plaza area;

F) Bicycle parking at the main entrance to the residential component of the project;

G) Provision of safe and separate indoor bicycle racks for residents of the project to be located in the residential garages.

20. The project sponsor shall develop an on-site traffic management plan to be submitted to DPT and Planning Department Staff. The project sponsor shall submit to DPT, Muni, and Planning Department staff a report on traffic conditions related to the project site after six months, one year, and two years of operation. If it is determined by the Planning Department that the proposed front driveway is causing traffic problems and should be closed, the project sponsor shall develop a plan for approval by the Planning Department to redevelop the driveway area as an appropriately designed pedestrian plaza area.


21. Pedestrian warning devices such as blinking lights and/or buzzers shall be installed at garage entrances where appropriate to warn pedestrians of cars exiting the garages. Pedestrian crossing signs shall be posted for automobiles exiting garages.

22. The commercial garage entrance and the commercial drop-off area shall be operated in such a manner to avoid traffic conflicts along Fulton Street and to ensure smooth traffic flow on the project site. Only right turns shall be allowed on to Fulton Street from the commercial garage. Proper striping, signage and barriers shall be installed to ensure that no left turns can be made. . A supermarket employee shall monitor traffic conditions and enforce loading zone area rules to ensure proper operation of on-site traffic as well as ingress and egress from the commercial portion of the site if deemed necessary by the Zoning Administrator.

23. The commercial drop-off area shall be for the use of handicapped individuals, taxis and shuttle vans and small delivery vans for the smaller retail units. This pull off area shall not be used for non-handicap customer parking or for delivery trucks associated with the supermarket.

24. Ingress and egress from the loading docks shall be coordinated to avoid conflicts with MUNI, and other vehicular traffic. A supermarket employee shall monitor loading dock operations and shall direct loading dock traffic if deemed necessary by the Zoning Administrator.

25. No delivery trucks shall be allowed to park or idle outside of the loading dock, or along the street. Deliveries by large trucks associated with the supermarket operator shall be scheduled so that no queuing outside of the loading dock is necessary.

26. The Applicant shall coordinate with the Department of Pubic Works and The Inter- departmental Staff Committee On Traffic and Transportation ("ISCO1T’) related to any necessary closure of parking lanes and creation of turning lanes on Fulton Street, McAllister Street, Central and Masonic Avenues.

27. The applicant shall coordinate with MUNI regarding relocation on any bus stops.

28. The supermarket operator shall implement a program to encourage employees and patrons to utilize means of transportation other than driving automobiles. Such a program may include sales and/or subsidizing of MUNI passes; notification of MUN I accessibility, bicycle parking and easy pedestrian access in advertisements; signs and placards in appropriate locations within the store encouraging use of other means of transportation other than

driving automobiles; and/or any other reasonable method of discouraging private automobile use.


29. The supermarket operator shall operate a free convenient frequent daily jitney service for customers who walk to the supermarket and want or need assistance transporting groceries back to their homes.

General Performance

30. The project sponsor shall provide at least five independent retail spaces with a combined minimum of 3,600 square feet accessed from the Fulton Street frontage. Some of the smaller storefronts, with the approval of Planning Department staff, may be combined in order to accommodate the spatial needs of local independent merchants. Such mergers shall be minimized and, as a guideline, no more than two of these store fronts in a row should be merged, so that a variety of smaller storefronts are maintained along the Fulton Street frontage, and are potentially available to a variety of local merchants. The project sponsor shall make good faith efforts to continually lease to local businesses, including some of the existing businesses at the project site. The supermarket operator shall also make good faith efforts to lease a limited amount of space within the proposed supermarket to local merchants from the Bay Area.

31. The supermarket operator shall make the supermarket employee lounge available during store hours for a public meeting room for use by the neighborhood organizations, when scheduled in advance.

32. Within six months of opening of commercial operations, a system will be developed to make surplus commercial parking spaces at the project site available for use on a fee basis by patrons of off-site businesses prior to and after the supermarket general operating hours specified in Condition #4 (pharmacy excluded), and for overnight parking by neighborhood residents.

33. The principal tenant will provide twice-daily maintenance of the Fulton Street and Central Avenue street frontages to keep them clean and free of trash and graffiti. Maintenance shall include sweeping, litter removal, and scrubbing of sidewalks whenever conditions warrant. The project grounds including all building facades, landscaping, and sidewalks, shall be continually maintained in a clean, orderly and attractive manner.

34. Commercial signage and lighting will be reduced to security levels during non-operating hours.

PLANNING COMMISSION File No. 98.318C 1750-1770 Fulton Street Assessor4s Block 1175 Lot 10 Motion No. 14807 EXHIBIT A Conditions of Approval Page 12

35. The commercial loading docks will be designed, and equipment will be used, to ensure minimum operating noise. The doors of the loading docks will be closed at all times except during actual ingress and egress of delivery trucks.

Construction Performance

36. Exterior construction or other construction that generates significant noise shall be limited to the hours of 7:00 a.m. to 4:00 p.m., Monday through Friday.

37. The project sponsor shall ensure that, excluding natural disasters, walk-out strikes, or unusually severe and lengthy inclement weather, demolition and construction will not extend beyond 24 months duration. Prior to commencement of said demolition and construction, the project sponsor shall provide the Planning Department with a copy of the agreement with the selected builder(s) of the project that specifies that, under customary monetary penalties, demolition and construction activity cannot exceed 24 months duration (with the exceptions listed above).

38. Prior to commencement of construction, the project sponsor shall present to the Planning Department a plan and agreement for off-site parking for construction workers. If such off-site parking is not located in a reasonable walking distance from the construction site, shuttle service shall be provided. The parking agreement and plan shall specify that construction workers shall not park on neighborhood streets.

39. During demolition and construction, a free transportation service program to nearby supermarkets shall be made available by the project sponsor for the elderly (55 and older) and individuals with disabilities who live in a one-quarter-mile walking distance of the existing shopping center, and who would normally walk (or use a wheel chair or other similar device) to get to the existing shopping center. The program shall be operated in such a way to ensure that these individuals have a reasonably convenient way to get to a nearby supermarket. A plan for this program to be submitted by the project sponsor, shall be reviewed and approved by the Planning Department before demolition or construction permits are issued.


General

40. The applicant shall designate a staff person to be a community liaison for both the construction phase of the development and after the development is completed. This person will serve as a first contact to handle any issues or problems that may arise with the construction and operation of the development. This personae name and telephone number will be on file with the Planning Department and appropriate neighborhood organizations. The applicant will keep the above parties apprised should a different staff liaison be designated.

41. The project is subject to the requirements of the First Source Hiring Program (Chapter 83 of the Administrative Code) and the Project Sponsor shall comply with the requirements of this Program.

42. This authorization and rights vested by virtue of this action shall be deemed void and canceled, if within thirty-six (36) months of this motion, construction has not begun by the Applicant.

43. This authorization may be extended at the direction of the Zoning Administrator only where the failure to issue a building permit to construct the project is delayed by the Department or a state agency or legal challenges.

44. Should the operation of the herein-authorized uses on the subject property result in complaints from area property owners or residents, which are not resolved by the project sponsor, and are subsequently reported to the Zoning Administrator and found to be in violation of the Planning Code and /or the specific Conditions of Approval for the project, the Zoning Administrator shall report such complaints to the Planning Commission, after which the Commission may hold public hearing on the matter in accordance with the hearing notification and conduct procedures as set forth in Sections 174, 306.3, and 306.4 of the Code, to consider revocation of this conditional use authorization.

45. Should the monitoring of the Conditions of Approval be required, the Applicant or successors shall pay fees as established in Planning Code Section 351(e)(1).

46. Failure to comply with these conditions of approval shall constitute a violation of the Planning Code, enforceable by the Zoning Administrator.


Recordation

47. After the conditional use authorization for the proposed project becomes final and before the issuance of any building permit, the Zoning Administrator shall approve and order the recordation of a Notice of Special Restrictions in the Official Records of the Recorder of the City and County of San Francisco against the land record of the subject lot. Said notice shall state that the construction and operation of the subject mixed-use building has been authorized by and is subject to the conditions of this Motion applicable to the proposed project. From time to time, after the recordation of such notice, at the request of the Applicant or the successor-in-interest thereto, the Zoning Administrator shall affirm in writing the extent to which the conditions of this motion have been satisfied.

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