950 Grant Novpd

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S A N F R A N C I SC O

PLANNING DEPARTMENT

Notice

of Violation and Penalty ecision

1650 M issio

Suite 400

San Francisc

Date: December 31, 2015

CA 94103-2

Reception;

Property Owner: JQ Properties LP

415 558 6

1368 40th Street

F a x :

Emeryville, CA 94608 415 558 6

Business Operator:

1 9 2 0 C L L C

Planning

Information:

950 Grant Avenue,

n d

Floor

415 558 6

San Francisco CA 94108-1302

Site Address: 50 Grant Avenue

Assessors Block/Lot:

194/035

Complaint Number: 015-005193ENF

Zoning District:

VR (Chinatown-Visitor Retail)

Code Violation: ection 171 (Compliance of Uses Required)

Section 803.2 (Uses Permitted in Chinatown Mixed Use Districts)

Section 811.1 (Chinatown Visitor Retail District)

Administrative Penalty: See Penalties Section Below

Response Due:

ithin 30 days from the date of this Notice

Staff Contact:

ario Jones, (415) 558-6477 or [email protected]

DECISION:

OTICE OF VIOLATION AND PENALTY UPHELD

DESC RIPT ION OF V IOL T ION

The Zoning Administrator has determined that the above referenced property is in violation of the

Planning Code Sections listed below:

Violation of Planning Code Sections 171; 803.2; 811.1: The second-story of the subject property, a three-

story, 15,660 square foot building, has illegally converted from a retail/commercial use to a co-working or

Office (see attached definition of Planning Code Section 890.70) use known as 1920C . Office use is not a

permitted use within the Chinatown-Visitor Retail (CVR) Zoning District (Planning Code Section 811.1)

and is a violation of Planning Code Sections 171, 803.2 and 811.1.

Pursuant to Planning Code Section 171, except as otherwise provided in the Code, structures and land in

any district shall be used only for the purposes listed as permitted in that district, and in accordance with

the regulations established for that district.

T IMEL INE

On April 28, 2015, a Notice of Enforcement (attached) was issued by the Planning Department regarding

the unauthorized establishment of an Administrative Office use per Planning Code Section 811.70.

1A11A441Cfl

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950 Grant Avenue

otice of Violation and Penalty Decision

December 31, 2015

On May 8, 2015, Enforcement Planner, Dario Jones, conducted an interior site inspection to the second

story of the subject property. At the time of the inspection, 1920Cs co-working operation was consistent

with an Office use as defined in Planning Code Section 890.102.

On May 13, 2015, the Planning Department received a written response describing the operational

attributes of 1920C.

On May 15, 2015, the Planning Department requested additional information, including frequency of use,

and floor area, via email (see Notice of Violation, attached).

On May 18, 2015, the above-requested information (attached) was received by the Planning Department.

On June 19, 2015, based on the findings from the inspection and evaluation of the operational attributes at

that time, it was determined that an office use was operating from the second-story. A Notice of Violation

and Penalty (attached) was issued to the occupants and the property owner.

On July 13, 2015, a response (attached) to the Notice of Violation was received. The response included

signatures of support, floor plan, and photos of 1920C.

On July 15, 2015, a Zoning Administrators hearing on the matter was held at the Planning Department to

hear evidence regarding the use of the second story of the subject property.

On September 23, 2015, a meeting between the Zoning Administrator, Scott Sanchez, and Planning

Department staff, Dario Jones, and Christine Haw, was held with the founders of 1920C, Jenny Chan and

Molly Bacon, in addition to Ms. Chelsea Maclean, attorney. This meeting addressed 1920Cs operational

changes to the co-working component as noted in supplemental information received (via email) by the

Planning Department on September 11, 2015.

On October 15, 2015, Enforcement Planners, Dario Jones and Laura Lynch, conducted a second interior

site inspection where it was found that the co-working operation was no longer occupied by the office

use known as Whil and Refresh.

On October 26, 2015, a meeting between the Planning Department, Chinatown Community Development

Center and the co-founders of 1920C was held to discuss potential solutions to bring 1920Cs operation

into compliance.

E V ID E N C E P R E S E N T E D A T T H E Z O N I N G A D M IN I ST R A T O R S H E A R I N G

During the Zoning Administrators hearing, the business operators, Ms. Jenny Chan and Ms. Molly

Bacon, founders of 1920C LLC, were represented by their attorney, Ms. Chelsea Maclean (Holland

Knight). In addition, more than 50 members of the public attended the hearing and expressed support

for the business operators.

During the hearing, Ms. Maclean argued that the use of the subject property is not a co-working space,

but an entity comprised of several uses (all of which are permitted in the CVR Zoning District) including

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950 Grant Avenue


December 31 2015

retail, institutional, and professional service uses all open to the public; and these uses should be

permitted to continue based on the following:

Signatures of support from the Chinatown community

1920Cs operations meet the spirit and intent of the CVR Zoning District

Percentage of floor area devoted to each use

Additional co-working spaces currently operating.

D E C I S I O N

NOTICE OF VIOLATION AND PENALTY UPHELD

The Zoning Administrator upholds the Notice of

Violation and Penalty issued on June 19, 2015, but suspends assessment of daily administrative penalties,

for the following reasons:

I N T R O D U C T I O N

At the time the Notice of Violation and Penalty was issued, 1920C was operating as an office use in

violation of the Planning Code; however, since the Zoning Administrator hearing, 1920C has made efforts

to modify their operation to achieve compliance with the CVR Zoning District. This notice serves to

acknowledge these efforts and document additional steps (outlined below) required to bring 1920C into

compliance with the zoning controls of the CVR Zoning District. While this decision upholds the Notice

of Violation and Penalties, the Planning Department will not assess daily administrative penalties

provided 1920C completes the required compliance actions outlined below.

B C K G R O U N D

Planning Department records of the subject property indicate the last authorized use of the second-story,

an approximate 4,200 square foot open floor plan, is for a full-service restaurant use (dba Grand

Palace ). However, the second-story has remained vacant for the last five to seven years. As noted above,

the Planning Department began an investigation on April 28, 2015, in response to a complaint alleging an

unauthorized change of use from a restaurant to an office use known as 1920C.

At the time of the inspection, it was confirmed an office use was the primary operation with the primary

occupant was an office use comprised of 18 members or employees, known as Whil and Refresh.

E F F O R T S T O C H I E V E C O M P L I N C E

As discussed above, 1920C has made efforts to achieve compliance with the Planning Code. These efforts

include:

1

dentifying a permitted primary use, a non-profit institutional use known as Pacific Atrocities

Education ;

Per Planning Department Notice of Violation, dated June 19, 2015, page 2 (attached), 1920C had previously leased space to a business known as Whil

and Refresh . A site inspection and review of its operation confirmed that the business was consistent with the definition of office use; and, office is

not permitted in the CVR Zoning District.

Supplemental Information, dated September 30, 2015, regarding 1920cs Member Update and Hours of Operation, page 2.

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950 Grant Avenue


December 31 2015

2.

Initiating changes to its membership structure by restricting the size of its co-working members

and restricting future office use entities from operating within 1920C;

3.

Clarifying additional accessory use operations; including personal service use and retail use; and,

4.

1920C has agreed to delineate the co-working/office use to no more than 1/3 of the total floor

area.

In addition, members of the co-working component are required to participate in 1920Cs overall

operations in order to ensure the accessory co-working use is a necessary and integral part of 1920Cs

primary use. In addition, this step brings the co-working use into conformance with the accessory use

provisions of Planning Code Section 803.2(C)(i), attached.

C O M P L I N C E C T I O N S R E Q U I R E D

Within thirty (30) days of this letter, the Planning Department requires the following actions to achieve

compliance with the zoning controls for the CVR Zoning District, including:

The approximate floor area of the second story is 4,230 square feet. The Planning Department

requires 1920Cs existing accessory uses to occupy an area no more than 1410 square feet; or, 1/3

of the total floor area. This includes the 288 square foot conference room (see attached floor

plan). Planning Departments Enforcement staff must be updated should 1920C add any new

operations.

2.

A Building Permit Application ( Permit ) is required to document the above requirement and the

change of use from a full-service restaurant to an institutional use. You must file the Permit

application and floor plans with the Department of Building Inspection for review by the

Planning Department. 1920C shall meet with Planning Department staff before filing the Permit

to ensure the floor plans clearly delineate 1920Cs operations to meet the above requirement.

Additional means to ensure compliance may be required. Once submitted, the Permit must be

diligently pursued to completion.

3.

The Planning Department requires 4 quarterly updates over the course of the next year. These

updates shall report the frequency of use for all 1920Cs operations, report on the contributions

from co-working members to the non-profit use, reports on any new uses, and the number of

members using the co-working space. Planning Department enforcement staff will continue to

monitor 1920Cs operations to ensure compliance with the CVR Zoning controls and will

continue to respond to any complaints received from the public.

C O N C L U S I O N

The Planning Department acknowledges the efforts of 1920C to achieve compliance with the Planning

Code. Although the Notice of Violation is upheld, daily administrative penalties will not be assessed if

1920C completes the compliance actions above.

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950 Grant Avenue otice of Violation and Penalty Decision

December 31 2015

P E N L T I E S

Pursuant to Planning Code Section 176, the administrative penalties of 250 per day have been assessed

to the responsible party for each day the violation continues unabated, excluding the period of time the

Notice of Violation and Penalty has been pending before the Zoning Administrator. A Notice of

Violation and Penalty was issued on June 19, 2015, and the Zoning Administrator Hearing was held on

July 19, 2015. No penalties are due at this time; however, failure to take the compliance actions as

noted above will result in the issuance of an Updated Notice of Violation and Penalty that resumes

assessment of the daily administrative penalties.

E N F O R C E M E N T T IM E N D M T E R I L S F E E

Pursuant to Planning Code Section 350(c)(1), the Planning Department shall charge for Time and

Materials to recover the cost of correcting Planning Code violations. Additional fees will continue to

accrue until the violation is abated. This fee is separate from the administrative penalties as noted above

and is not appealable.

P P E L S

This decision letter and any assessed penalties may be appealed to the Board of Appeals within the 15-

day time limit from the date of this decision. Again, the time and materials fees are not appealable. The

Board of Appeals may not reduce the amount of penalty below 100 per day for each day that the

violation exists, excluding the period of time that the matter has been pending either before the Zoning

Administrator or before the Board of Appeals. For further information, please contact the Board of

Appeals in person at 1650 Mission Street, (Room 304) or call (415) 575-6880.

Sincerely

Scott F. Sanchez

Zoning Administrator

Enc:

lanning Code Section 890.70

Supplemental Information regarding 1920Cs Accessory Co-Working Uses (September 11, 2015)

Supplemental Information regarding 1920cs Member Update and Hours of Operation (September 30, 2015)

Notice of Violation Penalty (issued June 19, 2015) and Notice of Enforcement (issued April 28, 2015)

Cc: aniel Lowrey - Deputy Director, Department of Building Inspection

Ms. Chelsea Maclean, Attorney- Holland Knight

Roy Chan (via email), Community Planning Manager, Chinatown Community Development Center

Dario Jones-Enforcement Planner-Planning Department

Christine Haw-Enforcement Supervisor-Planning Department

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950 Grant Avenue otice of Violation and Penalty Decision

December 31 2015

Per Planning Code Section

890.70(a), Office use shall mean space within a structure or portion thereof

intended or primarily suitable for occupancy by persons or entities which perform, provide for their own

benefit, or provide to others at that location services including, but not limited to, the following:

Professional; banking; insurance; management; consulting; technical; sales; and design; and the non-

accessory office functions of manufacturing and warehousing businesses; all uses encompassed within

the definition of office in Section 219 of this Code; multimedia, software development, web design,

electronic commerce, and information technology; all uses encompassed within the definition of

administrative services in Section 890.106 of this Code; and all professional services as proscribed in

Section 890.108 of this Code excepting only those uses which are limited to the Chinatown Mixed Use

District.

(b) Office use shall exclude: retail uses; repair; any business characterized by the physical transfer of

tangible goods to customers on the premises; wholesale shipping, receiving and storage; and design

showrooms or any other space intended and primarily suitable for display of goods.

Per Planning Code Section

803.2(C)(i), Accessory Uses, Subject to the limitations set forth below and in

Sections 204.1 (Accessory Uses for Dwelling Units in R Districts) and 204.5 (Parking and Loading as

Accessory Uses) of this Code, a related minor use which is either necessary to the operation or enjoyment

of a lawful principal use or conditional use or is appropriate, incidental and subordinate to any such use,

shall be permitted in Chinatown Mixed Use Districts as an accessory use when located on the same lot.

Any use not qualified as an accessory use shall only be allowed as a principal or conditional use, unless it

qualifies as a temporary use under Sections 205 through 205.2 of this Code. No use in a Chinatown Mixed

Use District will be considered accessory to a principal use which involves or requires any of the

following: (i) The use of more than 1/3 of the total floor area, occupied by both the accessory use and the

principal use to which it is accessory, combined, except in the case of accessory off-street parking.

558 6378

Para infomiacin en spanol 11amar at: 558 6378

S N FR NCI S CO

PL NNING DEP RTMENT


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Holland Knight

50 California Street, Suite 2800 San Francisco, CA 941111 T 415.743.6900 F 415.743.6910

Holland Knight LLP www.hklaw.com

Chelsea Maclean

(415) 743-6979

[email protected]

September 11, 2015

Sent via email: [email protected]

[email protected]

Scott Sanchez

1650 Mission St.

Suite 400

San Francisco, CA 94103-2479

Dario Jones

1650 Mission St.

Suite 400


Site Address:

95 Grant Avenue

Assessors Block/Lot: 0194/0051 93ENF

Zoning District: CVR (Chinatown V isitor Retail)

Re: Supplemental Information Regarding 1920c s Accessory Co-working Use

Dear Mr. Sanchez:

Thank you for speaking with me regarding 1920c LLC s (1920c) pending enforcement matter.

As a follow-up to our discussion, I would like to submit the following additional information on

behalf of 1920c. While our discussions have centered around 1920cs co-working use, this use is

not 1920c s primary use. In further reviewing the distribution of 1920c s uses in relation to the

San Francisco M unicipal Code (CFMC), we note that w hen 1920cs unique permitted uses are

considered, the co-working space m eets the SFMC s definition of an accessory use to principally

permitted uses. 1920c s combination of uses that support the community make 1920c truly

unique. The deluge of support leading up to and at the Zoning A dministrator hearing

demonstrate the support for the exceptional comm unity uses. The following discussion provides

additional detail.


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The SFM C defines accessory uses in the Chinatown Mixed Use D istrict

as follows:

(C)

ccessory

Uses. Subject to the limitations set forth below and in S ections 204.1

(Accessory Uses for D welling Units in R Districts) and

204.5

(Parking and Loading as

Accessory Uses) of this Code, a related minor use which is either

necessary to the

operation or enjoyment of a lawful principal use or conditional use or is

appropriate

incidental and subordinate to any such use

shall be permitted in Chinatown M ixed Use

Districts as an accessory use wh en located on the sam e lot. Any use not qu alified as an

accessory use shall only be allowed as a principal or conditional use, unless it qualifies as

a temporary use under Sections 205 through 205.2 of this Code.

No use in a Chinatown M ixed Use District will be considered accessory to a

principal use which involves or requires any of the following:

(i) The use of more than 1/3 of the total floor area occupied by both the

accessory use and the principal use to which it is accessory, combined, except in the case

of accessory off-street parking. (SFMC , 803.2 (C ),

emphasis added)

We address the accessory use d efinition in several respects.

Principal Permitted Uses

First, we note that the June

25 2015 N otice of Violation identifies several of 1920cs perm itted

uses. These include Re tail (including selling jewelry, artwork and p rints), Professional Service

(including marketing, and financial consulting services for n onprofits and businesses), Personal

Service (including yoga, bible study, piano lessons, pick-up/drop-off laundry), and Other

Institutional Uses (the n on-profit organization know n as Pacific Atrocities Education). The fact

that these uses are permitted has not been questioned.

The following considers the relationship of the co-working use to these permitted uses. We note

that an accessory use must be necessary

to the operation or enjoym ent of a lawful principal use

or conditional use OR is appropriate incidental and subordinateto any such use. An accessory

use need only b e necessary to a permitted use OR appropriate, incidental and subordinate to a

permitted use. Nonetheless, we address both qualifications. Notably 1920cs co-working space

meets both qualifications.

As discussed in our July 13, 2015 Response to Notice of Violation letter, we note that the SFMC allows

flexibility in the Chinatown Mixed Use District. Office use is defined as space within a structure or portion

thereof intended or primarily suitable for occupancy by persons or entities which perform, provide for their own

benefit, or provid e to others at that location services including, but not limited to.. ..all profession al services as

proscribed in Section 890.108 of this Code excepting only those uses which are limited to the Chinatown Mixed Use

District.

(San Francisco Municipal Code (SFMC ) 890.70(a),

emphasis

added) The office use exception for

professional uses in the C hinatown M ixed Use District reflects flexibility w ithin the Chinatown Visitor Retail

District that is relevant background to the discussion of the applicable zoning d istrict.

2


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Necessary to Permitted Use

First the co-working use is necessary to the other lawful uses. As previously noted while the co-

working use is not a primary use in terms of floor space it generates revenue that supports the

principal uses.

Further, 1920c s membership agreement requires members to share skills. For example, co-

working users are required to collaborate and teach other mem bers skills as mentioned in the

Community Rules. The following excerpt highlights the required community contribution:

GOLDEN RULE

Leave any space you use as you found it or better than how you found it. For

more golden rules please review our house rules on the right.

Contributing To The Community

Every member is responsible for

contributing to the community and helping run the space. Each member is

considered an individual member regardless if you are a part of a team.

Community Members must attend monthly Community Meetings unless they

cannot attend and must contact us prior. Community members contribute in

multiple ways as listed in the Community Rules but they also contribute by

collaborating and sharing their skills with others in the space. We ask that

every member either hosts workshops consult members or spends time

sharing there skills with other members in need.

Skill Sharing All members must flit in there skills on the application. The

Community Manager will facilitate introductions to all those seeking to

learn a new skilL as well as introducing people to others with the same

skills. We host bounce hours every week and members who are available

are required to attend to give feedback to other members in need.

On the a pplication for me mbershi2l mem bers must list their skills and what they want to learn.

Com munity mem bers also must attend the monthly Comm unity Meetings and give feedback on

the functions and operations of the space. Mem bers are also required to attend Bounce H ours

weekly and give feedback on things other mem bers need. Co-working mem bers are a critical

component to the comm unity that is 1920c.

Appropriate Incidental and Subordinate to Permitted Use - less than 113 of total floor area

While the co-working use is an integral part of the overall operations it is not a primary use.

Specifically the co-working space does not occupy more than 1/3 of the total floor area occupied

by both the accessory use and the principal use. We have attached a floor plan similar to that

1920c Com munity Rules are available here: http://www. 1

920c.com/Community rules/

1920c App lication is available here: http://www . 1920c.com/harvest full time/.


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previously submitted but have labeled the uses in terms of permitted SFMC uses. Specifically,

we have identified the permitted Retail, Institutional, Professional Services and Personal Service

uses. The following considers various scenarios in relation to the total shared floor plan.

Accessory co-working: The Accessory co-working space occupies 500 sq.ft. or

11.8

o

the shared floor plan.

Accessory co-working Personal Service conference room: We have labeled the

conference room as Personal Service because of the yoga and other classes that occur

there. Acknow ledging that the conference room is som etimes used by co-working

members, even if the conference room square footage is added to the Accessory co-

working space, the combined 788 sq. ft. occupies

18

of the shared floor plan.

Accessory co-working Personal Service conference room Professional

Service/Institutional: Moreover, w e have further differentiated the Accessory co-working

space from the Professional Service/Institutional space utilized by individual consultants,

including translators and studen ts. Even if the Professional Service/Institutional space is

added to the Accessory co-w orking space and the Personal Service conference room , the

shared 1088 sq.ft. occupies approximately 25.7% of the shared floor plan.

Under any of these scenarios, the co-working space occupies less than 1/3 of the total floor plan

and is appropriate, incidental and subordinate to the principally permitted uses.

To further support the accessory nature of the co-working space, the principals of 1920c are

willing to consider and implement the following actions:

Continue to market, support, and foster the principally permitted uses. The 1920c

principals have focused their website and marketing efforts on the co-working use as that

is the use that necessitates the most marketing. Other community uses have not

necessitated the same level of advertising. For example, the Pacific Atrocities Education

(PAE ) actors utilize the PAE space for theater rehearsals and further marketing is not

necessary. The principals of 1920c will continue to focus on the Institutional and

Professional Service elements of the space and de-emphasize the co-w orking element.

By way of example, we have previously noted that the art gallery continues to gain

prominence and can be further highlighted on the website.

2.

Amend 1 920c s Membership Agreement to restrict non-Professional Service co-working

users to the designated co-working space on the floor plan. To differentiate between

Professional Service and non-Professional Service users, individual users such as

marketing consultants, students, translators would be permitted in the Professional

Service area. Businesses would be lim ited to the Accessory co-working space.

Institutional users would continue to use the Institutional designated space.

3.

Explain, in the member orientation and throughout member occupancy, the restriction of

co-working users to the designated space.

4


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4. Consider ways to physically differentiate the Accessory co-working space e.g. with paint

or other demarcation). The 1920c principals believe, however, that any sort of wall or

barrier would inhibit the collaborative relationship between the co-working u sers and

other users and could lead to a cubicle feeling that would be counter-productive.

The 1920c principals intend to self-enforce these actions. We further expect that the restriction

of these users to the designated space would b e enforced by the C itys enforcement officers and

interested com munity members (including the C hinatown Comm unity Development

Commission (CCDC)). We note that the 1920c principals have discussed the concepts reflected

in this letter with members of CCDC and belive that CCDC is in support of the approach.

We appreciate your time and consideration. We look forward to discussing terms that allow

1920c to operate their business in an economically viable manner. Once you have an opportunity

to review this letter, we request an oppo rtunity to meet with you to discuss.

Sincerely,

ll(,,)LLA .ND& KN I6111 I LI

I

i...i

\i \t Ic;i

Cc: olly Bacon, 1920c (via email)

Jenny Chan, 1920c (via email)

Attachments Revised 1920c & PA E Floor Plan


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1920

C PAE Floor Plan


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September 30, 2015

Sent via email: [email protected]

dario jonessfgov org

Scott Sanchez

1650 M ission St.

Suite 400


Dario Jones

1650 M ission St.

Suite 400


Site Address:

95

Grant Avenue

Assessors Block/Lot: 0194/0051 93EN F

Zoning D istrict: CVR (Ch inatown V isitor Retail)

Re: Supplemental Information Regarding 1920c s Member Update and Hours of

Operation

Dear Scott and D ario,

Thank you for m eeting with us last week and taking the time to hear about the updates and

direction our company , 1920c, is going towards. As discussed, I wanted to follow up with the

new information of memb ership and hours of operation in our space.

Mem ber Updates

Whil and Refresh have left our space and we are w orking on branding and attracting more

nonprofit organizations and freelancers. We are only looking for small teams and individuals and

will not be accepting any large startup tech teams. W e are really hoping to build a collaborative

comm unity and specifically looking for socially driven organizations who w ould benefit from

having space in Chinatown . We have been giving tours to nonprofits recently and are hoping to

get more so on as w ell as continue to attract freelancing professionals. it is important, however,

that we have the opportunity to accept at least some non-Professional Service mem bers to

ensure our financial viability, subject to the parameters we suggested in our S eptember 11

Supplemental Information Regarding 1 920cs Accessory Co-work Use.

Current Mem bership

M elissa Huang - Translator

Jack Chang - Prepaid card retailer

Jason Pape and Paola - Hospitality Consultant


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Bob W oehrl - Freelance Marketer

Agnes Lau and M indy Wong - Medical / Medicare agents

Jenny Chan, Jason Cho, Derek Pua, Denali Marsh - PAE

Tim Hall: Freelance Photographer

Anthony, Jenessa, Grace, M aria: Students

Clarification on h ours of operation

Use

ours of

Comments

Area of Use

Operation

PAE Employees

24/7 Access

4 employees

Institutional

Average Use: 50

hours/week

PAE Theatre Monday, PAE employees

Institutional

Performers

Wednesday, Friday,

rehearse for their

Saturday 7-9Pm

theatre performances

Average Use: 12

hours/week

PAE Exhibits/

Mondays (12-1PM)

Lunch and Learns

Institutional

Lunch and Learns

Weekends (2x

happen on a recurring

Month)

basis and same with

Average Use: 10

Exhibits held by

hours/month

community members

Gallery Exhibits and

Monday-Friday

Our gallery is open to

Retail

Retail Sales of Art 9am-6pm the public on display

Fridays 1X

and for sale

(9pm- 10pm)

Monday-Friday

Average Use: 50

9am-6pm. Once a

hours/week

month we also have

an art show open to

the public from

9pm- Opm.

Meeting R oom

Able to be booked

The room is rented by

Personal Service,

Monday-Sunday

all types of

Institutional

2am-10pm

individuals and

Average Use: 22

groups for personal

hours/month

and professional uses.

Events

Day and Evenings

We host workshops,

Personal Service,

Average Use: 25

skill sharing events,

Institutional

hours/month

and others rent space

We note that the Chinatown Mixed Use District allows Other Institutions uses, which inludes Assembly and

Social Service" Uses (Section 811.81, 890.50)

See note 2.

2

#37385079_v 1


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to host workshops,

talks, and events.

Day Passers Hourly

Monday-Friday

W e get about 1-8

Accessory

Rental of Desk

9am-6pm

customers/week

Coworking and

Average Use: 30 Professional Services

hours/week

Membership Open

Monday-Friday W e have about 4 Accessory

Desk

9am-6pm

mem bers who have Coworking and

Average Use: 30 open desk and they Professional Services

hours/week come in about

1 5

days of the week.

Membership

Monday-Sunday

8 mem bers have Accessory

Full-Time

24/7 Access

access to the space Cowo rking and

Average Use: 30 24/7 but they mostly Professional Services

hours/week come in one

days

a week depending on

the person

Sincerely,

Molly acon

Cc:

helsea Maclean ([email protected]

)

37385 79v I


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j

920c PAE Floor Plan

LL

CM4.1s

ttfwok AM

Scales NTS

f


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1 OLT V J

S N F R N C IS C O

PL NNING DEP RTMENT

N O TIC E O F VIO L TIO N

1 6 5 M i s s i

S u i t e 4

June

19, 2015

San Franci

CA 94103

Property Owner

Reception:

JQ

Properties LP

415.558.

33 Tyson Circle

F a x :

Piedmont, CA 94611

415.558.

Occupant

Planning

Informat ion

1920C LLC

415.558.

950 Grant Avenue,

n d

Floor

San Francisco CA 94108-1302

Site Address:

950 Grant Avenue

Assessors BlockfLot:

0194/035

Complaint Number

2015-005193ENF

Zoning District:

CVR (Chinatown-Visitor Retail)

Code Violation:

Section 171 (Compliance of Uses Required)

Section 803.2 (Uses Permitted in Chinatown Mixed Use Districts)

Section 811.1 (Chinatown Visitor Retail District)

Administrative Penalty:

Up to $250 Each Day of Violation

Response Due:

Within 15 days from the date of this Notice

Staff Contact:

Dario Jones, (415) 558-6477 or [email protected]

The Planning Department has determined that the above referenced property is in violation of the

Planning Code. As the owner or leaseholder of the subject property, you are a responsible party to

bring the above property into compliance with the Planning Code. Details of the violation are discussed

below:

D ES C R I PT IO N O F V IO L T IO N

The second-story of the subject property, a three-story, 15,660 square foot building, has illegally

converted from a retail/commercial use to an Office use known as 1920C . Office use is not a permitted

use within the Chinatown-Visitor Retail (CVR) Zoning District (Planning Code Section 811.1) and is a

violation of Planning Code Sections 171, 803.2 and 811.1. Pursuant to Planning Code Section 171, except

as otherwise provided in the Code, structures and land in any district shall be used only for the purposes

listed as permitted in that district, and in accordance with the regulations established for that district.

B CKGROUND

Planning Department records indicate that the second-story, an approximate 4,200 square foot open floor

plan, is authorized for a restaurant use (dba Grand Palace ). On April 28, 2015, the Planning

Department issued a Notice of Enforcement (attached) and conducted an inspection, by Department staff,

Dario Jones, on May

8 2015.

On May 13, 2015, a response (attached) was received by the Planning

Department from 1920C that gave further detail to 1920Cs operations, including hours of operation, floor

1


20/126

950 Grant Avenue

otice of Violation and Penalty

Complaint No.: 2015-005193ENF

une 19 2015

area, and other uses. This notice serves to acknowledge 1920Cs timely response to the Notice of

Enforcement, 1920Cs commitment to the Chinatown community, and to serve notice that 1920Cs co-

working space, located on the second-floor of the subject property, is determined to be a violation of the

Planning Code for the following reasons:

Co W orking Space

Per 1920Cs response, 1920C is comprised of many operations including a co-working space. The co-

working operation rents desk space, office equipment, and provides public access at hourly, daily, and

monthly rates; and, 1920C requested that this operation be considered a Sales and Service, Other Retail

use per Planning Code Section 890.102 (attached). However, although the public may rent office

equipment and desk space, 1920C is providing a space for persons and entities, which provide for

themselves, or for others, services that are consistent with the definition of an Office use.

Per Planning Code Section 890.70(a),

Office use mean s space within a structure or portion thereof intended or

primarily suitable for occupancy by persons or entities which perform, provide for their own be nefit, or provide to

others at that location services including but not limited to the following: Professional; banking; insurance;

mana gemen t; consulting; technical; sales; and design; and the non-accessory office functions of manufacturing and

warehousing businesses; al l uses encompassed within the definit ion of general off ice in

Planning

Code Section

102; multimedia, software d evelopment, web design, electronic comm erce, and information technology; al l uses

encomp assed within the definition of administrative services in Section 890.106 of this Cod e; and all professional

services as proscribed in Section 890.108 of this Code excep ting only those uses which are limited to the Chinatow n

Mixed Use District. (b) Office use shall exclude: retail uses; repair; any business characterized by the physical

transfer of tangible goods to customers on the premises; wholesale shipping, receiving and storage; and design

showroom s or any other space intended an d primarily suitable for display of goods.

In addition, 1920C states the co-working space is shared by both individuals

and an eighteen member

entity

3

, known as Whil and Refresh (A.K.A whil Concepts, Inc. ). It was noted that 1920C and whil

Concepts, Inc. currently maintains a month-to-month agreement 4

and although this agreement may

terminate the end of June, whil Concepts, Inc. maintains desk space from 9am to 5pm, Monday through

Friday. The operations of Whil and Refresh are described as:

Whil: Whil is a digital health and wellness training platform ; and,

Refresh Body: A platform that allows individuals to directly book massage therapists, Pilates,

yoga, and even haircuts. All members here focus on marketing and customer relationships

After review of Whil and Refresh websites and their operations in addition to the use of the second floor

as a co-working space, both are consistent with the definition of Office use. Office use is not listed in the

CVR Zoning District Table 811. Pursuant to Section 803.2(b)(2), uses that are not listed are not permitted

in a Chinatown Mixed Use District unless determined by the Zoning Administrator to be a permitted use.

As noted above, the co-working space is considered to be an Office use; therefore, it is not permitted and

a violation of the Planning Code.

1920C, Response to Notice of Enforcement, May 13, 2015, Exhibit A, Page 9

2

1920C, Response to Notice of Enforcement, May 13, 2015, Pages 7, 8

1920C, Response to Notice of Enforcement, May 13, 2015, Page 7

1920C, Response to Notice of Enforcement, May 13, 2015, Exhibit I, 1920C Membership Agreement

S A N F R A N C I S C O

PL NNING DEP RTMENT


21/126

950 Grant Avenue



une 19 2015

Among the uses listed in Section 811.1, the co-working use most closely resembles an Administrative

Service Use (see definition below); however, this use is prohibited per Section 811.70.

Per Planning Code Section 890.106, Administrative Service is

a

use, generally an office use, which provides

executive, managemen t, administrative, clerical and other services exclusively to the business com munity and not to

the general pu blic. It does not include services wh ich are available to the gen eral public. Administrative services

may include accesso ry storage, but not the storage of building m aterials, contractors equipment, or m aintenance

equipment for nonresidential structures, or items, other than samp les, for wholesale sale.

Other Uses

Retail Personal Service Professional Service

and Other

Institutional Uses

In addition to co-working space, your response and the site visit indicate that 1920C incorporates a

variety of other uses, including retail, personal service, professional service, and other institutional uses.

The identified Personal Service uses (including: yoga, bible study, piano lessons, pick-up/drop-off

laundry service) and Retai1

uses (including: selling snacks and art gallery) are permitted under Sections

811.52 and 811.40a; however, these uses do not appear to be the primary use of the subject location (they

do not appear to occupy the subject location full-time and do not appear to occupy a significant amount

of floor area). This was noted in your May 18th response

7

(attached) and during the time of the site

inspection.

The identified Professional Service 8

use (marketing consulting services) is permitted under Section 811.53;

however, this use does not appear to be the primary use of the subject location (this use does not appear

to occupy the subject location full time and does not appear to occupy a significant amount of the floor

area). This was noted at the time of the site inspection.

The identified Other Institutions use

9

(the non-profit organization known as Pacific Atrocities Education

- PAE ) is permitted under Section 811.81; however, this use does not appear to be the primary use of

the subject location. PAEs operation is described as occupying 2,000 square feet , in conjunction with an

art gallery, and operates with 10 volunteers, 2 contractors, and one remote worker from 9am to 5pm.

However, during the time of the inspection, no volunteers were identified and one desk was identified as

the area where PAE operates.

Personal Service use is defined under Planning Code Section 890.116 (attached) and permitted only on

the

n d

story in the CVR Zoning District per Section 811.52.

6

Retail use is defined under Planning Code Section 890.102 (attached) and is permitted in the CVR

Zoning District per Section 811.40a.

1920C, Response to Notice of Enforcement, May 18, 2015, Pages 1-2

8

Professional Service use is defined under Planning Code Section 890.108 (attached) and permitted only

on the

n d

floor in the CVR Zoning District per Section 811.53.

9

Institutional Service Use is defined under Planning Code Section 890.50, attached, and permitted in the

CVR Zoning District per Section 811.81.



PL NNING DEP RTMENT


22/126

950 Grant Avenue



une 19, 2015

Although the above listed uses retail, personal service, professional service, and other institutional uses)

may be permitted in the CVR Zoning District, their operations do not occupy the second-story full-time

and/or do not occupy a significant amount of floor area. The primary use of the subject space is the co-

working use, which occupies half of the floor area towards the rear of the second-story including the

conference room) and operates full-time, 9am-5pm, Monday-Friday. The co-working space is considered

an Office use and is the primary use of the subject space; therefore, the subject property is operating in

violation of the Planning Code.

TIMELINE OF INVESTIG TION

On April 28, 2015, a Notice of Enforcement was issued by the Planning Department regarding the

unauthorized establishment of an Administrative Office use per Planning Code Section 811.70.

2

On May 8, 2015, Enforcement Planner, Dario Jones, conducted an interior site inspection to the

second story of the subject property where it was found that the co-working operation of 1920C

was consistent with that of an Office use as defined in Planning Code Section 890.102.

3

On May 13, 2015, the Planning Department received a written response describing the

operational attributes of 1902C.

4

On May 15, 2015, the Planning Department requested additional information, including

frequency of use, and floor area, via email attached).

On May 18, 2015, the above requested information attached) was received and reviewed by the

Planning Department.

HOW TO CORREC T THE VIOL TION

The Planning Department requires that you immediately proceed to abate the violation as following:

The Planning Department requires that you immediately proceed to cease and desist all Office

uses, including any operation from an individual or entity that provides for themselves or others

services that are included in the definition of Office use, Planning Code Section 890.70; and,

If you wish to operate a permitted use, you must file a building permit application and floor

plans to document the change of use.

Please contact the Department of Building Inspection DBI) regarding the Building Permit

process at:

The Department of Building Inspection DBI), 1660 Mission Street, San Francisco, CA 94103,

415) 558-6088; or, website: www.sfgov.org/dbi

PL NNING DEP RTMENT

ae


23/126

950 Grant Avenue



une 19, 2015

To prevent further enforcement action and avoid accrual of penalties, the responsible party will

need to provide adequate evidence to demonstrate that either no violation exists or that the

violation has been abated.

TIMELINE TO RESPOND

The responsible party has fifteen (15) days from the date of this notice to either;

1

Correct the violation as noted above; or,

Appeal this Notice of Violation as noted below.

The corrective actions shall be taken as early as possible. Please contact the enforcement staff as noted

above to submit evidence of correction. Any unreasonable delays in abatement of the violation will result

in further enforcement action by the Planning Department.

PPE L PROCESSES

If the responsible party believes that this order to remove violation of the Planning Code is an abuse of

discretion by the Zoning Administrator, the following appeal processes are available within fifteen (15)

days from the date of this notice:

1

The responsible party may request a Zoning Administrator Hearing under Planning Code

Section 176 to show cause why this Notice of Violation is issued in error and should be rescinded

by submitting the Request for Zoning Administrator Hearing Form and supporting evidence to

the Planning Department. The Zoning Administrator shall render a decision on the Notice of

Violation within 30 days of such hearing. The responsible party may appeal the Zoning

Administrators decision to the Board of Appeals within 15 days from the date of the decision.

2

The responsible or any interested party may waive the right to a Zoning Administrator Hearing

and proceed directly to appeal the Notice of Violation to the Board of Appeals located at 1650

Mission Street, Room 304, San Francisco, CA 94103, telephone: (415) 575-6880, website:

www.sfgov.org/bdappeal

. The Board of Appeals may not reduce the amount of penalty below

100 per day for each day the violation continues unabated, excluding the period of time the

matter has been pending either before the Zoning Administrator or before the Board of Appeals.

3

The responsible party may file a written request to the Zoning Administrator to terminate

abatement proceedings under Planning Code Section 176 and refer the matter to the Planning

Director for enforcement action under the process set forth in Code Section 176.1. If the Zoning

Administrator determines that the enforcement case will continue under Code Section 176, this

determination shall be made part of the final written decision and is not appealable separately

from the decision on the merits of the case. The responsible party may appeal the Zoning

Administrators decision on the Notice of Violation and Penalty to the Board of Appeals within

15 days of such decision.

PL NNING DEP RTMENT


24/126

950 Grant Avenue



une 19 2015

DMINISTR TIVE PEN LTIES

If any responsible party does not request any appeal process and does not take corrective action to abate

the violation within the 15-day time limit as noted above, this Notice of Violation will become final.

Beginning on the following day, administrative penalties of up to 250 per day to the responsible party

will start to accrue for each day the violation continues unabated. The penalty amount shall be paid

within 30 days from the final date of the Notice of Violation. After 30 days, the Planning Department

may forward the matter to the Bureau of Delinquent Revenue for collection as authorized by Article V.

Section 10.39 of the San Francisco Administrative Code. Please be advised that payment of penalty does

not excuse failure to correct the violation or bar further enforcement action. Additional penalties will

continue to accrue until a corrective action is taken to abate the violation.

ENFORCEM ENT TIME ND M TERI LS FEE


Materials to recover the cost of correcting the Planning Code violations. Accordingly, the responsible

party is currently subject to a fee of 1238.00 for Time and Materials cost associated with the Code

Enforcement investigation. Please submit a check payable to San Francisco Planning Department for

Code Enforcement within 15 days from the date o this

notice. Additional fees will continue to accrue

until the violation is abated. This fee is separate from the administrative penalties as noted above and is

not appealable.

OTHER PPLIC TIONS UNDER PL NNING DEP RTMENT CONSIDER TION

The Planning Department requires that pending violations be resolved prior to the approval and issuance

of any new applications that you may wish to pursue in the future. Therefore, any applications not

related to abatement of the violation will be placed on hold until a corrective action is taken to abate the

violation. We want to assist you in ensuring that the subject property is in full compliance with the

Planning Code. You may contact the enforcement planner noted above for any questions on the

enforcement and appeal process.

Sincerely,

Scott F. Sanchez

Zoning Administrator

Enc.: Notice of Enforcement dated April 28, 2015

Inspection Photos dated May 8, 2015

1920Cs Responses to the Notice of Enforcement, dated May 13 & 18, 2015

1920Cs Exhibits

Whil and Refreshs Websites

Planning Code Sections: 890.102, 890.116, 890.50, 890.108

Health Permit Referral - Grand Palace

cc:

aniel Lowrey - Deputy Director, Department of Building Inspection

SAN FRANC;Sr n

PL NNING DEP RTMENT


25/126

950 Grant Avenue


Complaint No.: 2015 005193ENF

une 19 2015

558 6378

Para informaciOn en Espaol 11am ar at: 558 6378

S N FR NCIS CO

PL NNING DEP RTMENT


26/126


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I U

IV ~~

S N

F R N C I S C O

PL NNING DEP RTMENT

NOTI E OF ENFOR EMENT

April 30, 2015

Property Owner

JQ

PROPERTIES LP

33 TYSON CR

PIEDMONT CA, 94611

Occupant

950 Grant Avenue


Site Address:

950 Grant Avenue

Assessors Block/Lot:

0194/035

Complaint Number:

2015-005193ENF

Zoning District:

CVR, (Chinatown-Visitor Retail)

Code Violation:

Section 809.106, Administrative Service

Administrative Penalty:

Up to $250 Each Day of Violation

Response Due:

Within 15 days from the date of this Notice

Staff Contact:

Dario Jones, 415) 558-6477 or [email protected]

1650 M issio

Suite 400

San Francis

CA 94103-2

Reception:

415.558.6

Fax:

415.558.6

Planning

Information

415.558.6

The Planning Department has determined that the above referenced property is in violation of the

Planning Code. As the owner and/or leaseholder of the subject property, you are a responsible party to

bring the above property into compliance with the Planning Code. Details of the violation are discussed

below:

D ES C R I PT IO N O F V IO L T IO N

Research of Planning Department records, including building permit history (attached), demonstrates the

subject property is authorized for retail and commercial uses. In addition recent building permit history

indicates the subject property is authorized as a residential hotel. The complaint alleges that the second-

story of the subject property, a three-story 15,660 square foot building, has illegally converted from a

retail/commercial use to an Administrative Service use.

Planning Code Section 890.106 defines an Administrative Service use as "A use, generally an office use,

which provides executive, management, administrative, clerical and other services exclusively to the

business community and not to the general public. It does not include services which are available to the

general public. Administrative services may include accessory storage, but not the storage of building

materials, contractors equipment, or maintenance equipment for nonresidential structures, or items,

other than samples, for wholesale sale."

virw. s f

r

ann i

ing org


28/126

950 Grant Avenue

nforcement Notification

Complaint No. 2015-005193ENF

pril 30, 2015

An Administrative Service use is not permitted to establish in the Chinatown Visitor Retail Zoning

District per Planning Code Section 811.70.

Pursuant to Planning Code Section 171, except as otherwise provided in the Code, structures and land in

any district shall be used only for the purposes listed as permitted in that district, and in accordance with

the regulations established for that district.

HOW TO CORRECT THE VIOL TION

Contact the Enforcement Planner listed above to arrange for a site inspection of the subject

property within 15 days from the date of this notice.

To prevent further enforcement action and avoid accrual of penalties, the responsible party will

need to provide adequate evidence to demonstrate that the subject property is not in violation of

the Planning Code.

TIMELINE TO RESPOND

The responsible party has fifteen (15) days from the date of this notice to contact the staff planner noted

at the top of this notice and submit evidence to demonstrate that the corrective actions have been taken to

bring the subject property into compliance with the Planning Code. The corrective actions shall be taken

as early as possible. Any unreasonable delays in abatement of the violation may result in further

enforcement action by the Planning Department.

PEN LTIES ND PPE L RIGHTS

Failure to respond to this notice by abating the violation or demonstrating compliance with the Planning

Code within fifteen (15) days from the date of this notice will result in issuance of a Notice of Violation

by the Zoning Administrator. Administrative penalties of up to 250 per day will also be assessed to the

responsible party for each day the violation continues thereafter. The Notice of Violation provides appeal

processes noted below.

1

Request for Zoning Administrator Hearing. The Zoning Administrators decision is appealable to

the Board of Appeals.

2

Appeal of the Notice of Violation to the Board of Appeals. The Board of Appeals may not reduce

the amount of penalty below 100 per day for each day the violation exists, excluding the period of

time the matter has been pending either before the Zoning Administrator or before the Board of

Appeals.

3

Request for alternative review by the Planning Director under the process set forth in Planning

Code Section 176.1.

ENFORCEMENT TIME ND M TERI LS FEE


Materials to recover the cost of correcting the Planning Code violations. Accordingly, the responsible

party is currently subject to a fee of 1238.00 for Time and Materials cost associated with the Code

Enforcement investigation. Please submit a check to the Planning Department payable to San

Francisco Planning Department for Code Enforcement within 15 days from the date of this notice.

SN FRMNCiECO

PLANNING DEPARTMENT

d


29/126

950 Grant Avenue

nforcement Notification

Complaint

No. 2015 005193ENF

pril

3 0

2 1 5

Additional fees will continue to accrue until the violation is abated. This fee is separate from the

administrative penalties as noted above and is not appealable.

OTHER PPLIC TIONS UNDER CONSIDER TION

The Planning Department requires that any pending violations be resolved prior to the approval and

issuance of any new applications that you may wish to pursue in the future. Therefore, any applications

not related to abatement of the violation on the subject property will be placed on hold until the violation

is corrected. We want to assist you in ensuring that the subject property is in full compliance with the

Planning Code. You may contact the enforcement planner as noted above for any questions.

cc

aniel Lowrey, Deputy Director, Department of Building Inspection, San Francisco

Holly Lung, Mayor s Office of Economic Workforce Development

15J

Pr:558M 78

Para Fnformacin en Espaot

I lamar al

558 6378

S N FR NCISCO

PL NNING DEP RTMENT

ge

1


30/126


31/126

San Francisco Property Information Map Print Version

age 1 of 10

S A N F R A N C IS C O

PL NNING DEP RTMENT

.-- --.-..-------..--.-.----.-..-.---.--.-

Report for: 95 GRANT

Building Permits Report:

95

GRANT

Applications for Building Permits submitted to the Department of Building Inspection.

BUILDING PERMITS:

Permit:

201408073334

Form:

8

Alterations Without Plans

Filed:

817/2014

Address:

950 GRANT AV

Parcel:

0194/035

Existing:

RESIDENTIAL HOTEL

Proposed:

RESIDENTIAL HOTEL

Existing Units:

0

Proposed Units:

Status:

ISSUED

Status Date:

8/13/2014 2:46:05 PM

Description:

BARRIER REMOVAL WORK FOR FRONT ENTRANCE. PROVIDE POWER DOOR

OPERATOR INSIDE AND OUTSIDE AT ENTRY FOOR. PROVIDE TOP-9 BOTTOM.

Planner Reviewed:

Cost:

TUFFY EILIESH

2

000.00

Permit:

201407151360

Form:

8


Filed:

7115/2014

Address:

950 GRANT AV

Parcel:

0194/035

Existing:

RESIDENTIAL HOTEL

Proposed:

RESIDENTIAL HOTEL

Existing Units:

0

Proposed Units:

Status:

COMPLETE

Status Date:

7/24/2014 10:56:59 AM

Description:

revision to permit 2014-04-25-4216, Add 2 horn strobes, I smoke detector, 1 heat

detector and 1 monitor module

Cost: 750.00

Permit:

201404254216

Form:

8 Alterations Without Plans

Filed:.

4/25/2014

Address:

950 GRANT AV

Parcel:

0194/035

Existing:

RESIDENTIAL HOTEL

Proposed:

RESIDENTIAL HOTEL

24 2015


32/126


age 2 of 10

Existing Units:

0

Proposed Units:

11

Status:

COMPLETE

Status Date:

7/2412014 11:17:57 AM

Description:

NEW FIRE ALARM SYSTEM WITH IFP 100 CONTROL PANEL IN THE LOBBY. SMOKE

DETECTOR ABOVE AND AN PULL STATION NEAR PANEL. AUDIBLE APPLIANCES

THRUOUT. TIE-IN WATERFLOW AND TAMPER TO NEW PANEL. ELEV RECALL REF

201303222807 AND 201304114365

Cost:

900.00

Permit:

201309257678

Form: 7 Wall Sign

Filed: 9/25/2013

Address: 950 GRANT AV

Parcel:

0194/035

Existing:

Proposed:

Existing Units:

0

Proposed Units: 0

Status:

TRIAGE

Status Date: 9/25/2013 9:13:32 AM

Description:

TO PAINT LOGO AND LETTER ORIENTAL TREASURES & SAN FRANCISCO ON

AWNING.

Cost

$1,000.00

Permit:

201309257677

Form: - Alterations Without Plans

Filed: 9/25/2013


Parcel:

0194/035

Existing: FOOD/BEVERAGE HNDLNG

Proposed: FOOD/BEVERAGE HNDLNG

Existing Units: 0

Proposed Units: 11

Status: TRIAGE

Status Date: 9/25/2013 9:08:21 AM

Description:

TO INSTALL AWNING AT ENTRANCE WAY ON 1/F

Cost:

$5,000.00

Permit: 201309045962

Form: - Alterations Without Plans

Filed: 9/4/2013

Address:

950 GRANT AV

Parcel: 0194/035

Existing:

RESIDENTIAL HOTEL

Proposed: RESIDENTIAL HOTEL

Existing Units: 0

Proposed Units: 11

Status: ISSUED

Status Date:

9/5/2013 2:53:51 PM

Description:

INSTALL NEW MECHANICAL SYSTEMS FOR TENANT IMPROVEMENTS FOR RETAIL

SPACES ON BASEMENT, GROUND & 2ND FLOOR & RESIDENTIAL SUITES ON 3RD

FLOOR. REF #2009.0108.9827

Cost:

$98,500.00

Permit: 201306139424


33/126


age 3 of 10

Form:

8 - Alterations Without Plans

Filed:

6/13/2013

Address:

950 GRANT AV

Parcel:

0194/035

Existing:

RESIDENTIAL HOTEL

Proposed:

RESIDENTIAL HOTEL

Existing Units:

0

Proposed Units:

Status:

ISSUED

Status Date:

8 16 20138:31:49 AM

Description:

ELECTRICAL PLAN F OR 200901089827

Cost:

$40,000.00

Permit

201304124486

Form:

8 - Alterations W ithout Plans

Filed:

4/12/2013

Address:

950 GRANT AV

Parcel:

0194/035

Existing:

FOOD/BEVERAGE HNDLNG

Proposed:


Existing Units:

0

Proposed Units:

0

Status:

ISSUED

Status Date:

8/12/2013 3:09:11 PM

Description:

REVISION TO APP 200901 089827. RELOCATE RESTROOM AND ADD N EW

RESTROOM AT BASEMENT FLOOR. REMOVE STAIRWAY AT BASEMENT FLOOR.

1ST FLOOR AND 2ND FLOOR .

Cost:

$20,000.00

Permit

201304114365

Form:


Filed:

4/11/2013

Address:

950 GRANT AV

Parcel:

0194/035

Existing:

RESIDENTIAL HOTEL

Proposed:

RESIDENTIAL HOTEL

Existing Units:

0

Proposed Units:

Status:

ISSUED

Status Date:

5/9/2013 1:27:17 PM

Description:

RENOVATION OF EXTG GROUP HOUSING AT 3RD FLOOR:REMODEL EXTG 11

ROOMS AND BATHROOMS AS PER PLAN. TO CORRECT RECORD. REF

APP 200901089827

US

OF PRESENT USE. TO CORRECT RECORD REF

PA200901089827

US OF

PRESENT USE, FIRE ALARM & SPRINKLER UNDER

SEPARATE PERMIT.

CEQA CatEx:

Planner Reviewed:

Cost:

View Categorical Exemption Evaluation

CORRETTE MOSES

$100,000.00

Permit

201 303222807

Form:

3 - Alterations With Plans

Filed:

3122/2013

Address:

950 GRANT AV

Parcel:

0194/015

Existing:

RETAIL SALES

http ://ec2 5 0 1 7 237 182. compute i .aizonaws.conifPlMl/?deptplanning

/24/2015


34/126

San Francisco Property Information Map - Print Version

age 4 of 10

Proposed: RETAIL SALES

Existing Units:

0

Proposed Units: 0

Status:

COMPLETE

Status Date:

10/24/2013 3:40:49 PM

Description: INSTALL FIRE SPRINKLER SYSTEM FOR ENTIRE BUILDING TOTAL 195 HEADS,

USING EXISTING 4 FIRE SERVICE.

Cost:

$100,230.00

Permit:

201108293467

Form:

8

-


Filed:

8 29 2011

Address:

948 GRANT AV

Parcel:

0194/015



Existing Units: 0

Proposed Units: 0

Status:

COMPLETE

Status Date:

10126 2011

Description:

TO COMPLETE WORK AND OBTAIN FINAL INSPECTION FOR WORK APPROVED

UNDER PA

200907142606.

Cost:

1.00

Permit:

201108293467

Form: 8 Alterations Without Plans

Filed:

8 2912011

Address:

942 GRANT AV

Parcel:

0194/015



Existing Units:

0

Proposed Units: 0

Status: COMPLETE

Status Date: 10 26 2011

Description: TO COMPLETE WORK AND OBTAIN FINAL INSPECTION FOR WORK APPROVED

UNDER PA

200907142606.

Cost:

1.00

Permit: 200912082874

Form: 8


Filed: 12/8/2009

Address:

950 GRANT AV

Parcel: 0194/015



Existing Units: 0

Proposed Units:

0

Status: TRIAGE

Status Date:

12/8/2009 3:36:56 PM

Description:

Replace (e) sidewalk at east side of property along wentworth street w/ (n) concrete

sidewalk over metal deck, (n) steel beams columns and concrete footings.

Cost:

12,000.00

Permit: 200907142606

hftp ://ec2 5 0 17 2 37 182. compute i .amazonaws. cornlPIM//?dept=planning 24 2015


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age 5 of 10

Form:

Alterations With Plans

Filed:

7/14/2009

Address:

950 GRANT AV

Parcel:

0194/015

Existing:


Proposed:


Existing Units:

0

Proposed Units:

0

Status:

COMPLETE

Status Date:

10/26/2011

Description:

Revision to application 20060 315673 5 and 200707116 505. Install new concrete wall at

the NE corner of basement and subbasement levels. Various connection details and frames

and other work bubbled Delta 3.

Cost:

$20,000.00

Permit:

200907142606

Form:


Filed:

7114/2009

Address:

942 GRANT AV

Parcel: 0194/015

Existing:


Proposed:


Existing Units:

0

Proposed Units:

0

Status:

COMPLETE

Status Date:

10/26/2011

Description:

Revision to application 2006031 56735 and 200707116 505. Install new concrete wall at

the NE corner of basement and subbasement levels. Various connection details and frames

and other work bubbled Delta 3.

Cost:

Permit:

Form:

Filed:

Address

Parcel:

Existing:

Proposed:

Existing Units:

Proposed U nits

Status:

Status Date:

Description:

Cost:

Permit:

Form:

Filed:

Address:

Parcel:

Existing:

Proposed:

Existing Units:

Proposed Units

$20,000.00

200907021911


7/2/2009

950 GRANT AV

0194/015



0

0

COMPLETE

10/26/2011

TO COMP LETE AND FINALIZE WORK UND ER PA 200707116505 (SPECIAL

INSPECTION REQUIRED

$10,000.00

200907021911


7/2/2009

942 GRANT AV

0194/015



0

1

24 2015


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age 6 of 10

Status:

Status Date:

Description:

Cost:

COMPLETE

10 26 2011

TO COMPLETE AND FINALIZE WORK UNDER PA 200707116505 (SPECIAL

INSPECTION REQUIRED

$10,000.00

Permit:

200901089827

Form:

- Alterations With Plans

Filed:

1/8/2009

Address:

950 GRANT AV

Parcel:

0194/015

Existing:


Proposed:


Existing Units:

0

Proposed Units:

0

Status: ISSUED

Status Date:

11119/20124:32:54 PM

Description:

ON BASEMENT, 1ST FLOOR, SECOND FLOOR IMPROVE THE INTERIOR SHELL OF

BUILDING WITH HANDICAPPED ACCESSIBLE TOILETS. HANDICAP COMPLAINING

STAIRS. HANDICAP ACCESSIBLE NEW ELEVATOR. CHANGE EXTERIOR WINDOWS

& STORE FRONT WITH LIKE KIND AS EXTNG PORVIDE FIRE RATED FINISHES ON

THE INTERIOR. SPRINKLER BUILDG

Planner Reviewed:

CORRETTE MOSES

Cost:

$600,000.00

Permit: 200708079011

Form:

8

- Alterations Without Plans

Filed:

8/7/2007

Address:

942 GRANT AV

Parcel:

0194/015

Existing:

Proposed:

Existing Units:

0

Proposed Units:

0

Status:

TRIAGE

Status Date:

8/7/2007 1:59:25 PM

Description:

Cost:

Permit: 200707116505

Form:

8

- Alterations Without Plans

Filed:

7/11/2007


Parcel:

0194/015

Existing:


Proposed:


Existing Units:

0

Proposed Units:

0

Status:

EXPIRED

Status Date:

2/9/2009

Description:

RENEW PA3200310097128 AND 200603156735 AND TO INCREASE VALUATION.

Cost:

$130,000.00

Permit:

200707116505

Form:


Filed:

7/11/2007


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age 7 of 10

Address:

942 GRANT AV

Parcel:

0194/015

Existing:


Proposed:


Existing Units:

Proposed Units:

Status:

EXPIRED

Status Date: 2/9/2009

Description:

RENEW PA320031 0097128 AND 200603156735 AND TO INCREASE VALUATION.

Cost:

$130,000.00

Permit:

200603156735

Form: Alterations With Plans

Filed: 3/15/2006

Address:

950 GRANT AV

Parcel:

1941 15

Existing:



Existing Units:

0

Proposed Units:

Status: COMPLETE

Status Date:

10/20/2011 4:04:43 PM

Description: MODIFICATION TO 200310097128 OF UMB PERMIT. REPAIR OF FRAMING

Cost:

30,000.00

Permit:

200603156735

Form:


Filed:

3/15/2006


Parcel:

0194/015

Existing:



Existing Units:

Proposed Units:

Status:

COMPLETE

Status Date:

10/20/2011 4:04:43 PM

Description: MODIFICATION TO 200310097128 OF LIMB PERMIT. REPAIR OF FRAMING

Cost:

30,000.00

Permit:

200508059570

Form:

8


Filed: 8/5/2005


Parcel:

0194/015


Proposed:


Existing Units:

Proposed Units:

Status:

EXPIRED

Status Date:

2/9/2009

Description:

REROOFING

Cost:

$26500.00

Permit:

200508059570


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age 8 of 10

Form:

Filed:

Address:

Parcel:

Existing:

Proposed:

Existing Units:

Proposed Units:

Status:

Status Date:

Description:

Cost:

Permit:

Form:

Filed:

Address:

Parcel:

Existing:

Proposed:

Existing Units:

Proposed Units:

Status:

Status Date:

Description:

Planner Reviewed

Cost:

Permit:

Form:

Filed:

Address:

Parcel:

Existing:

Proposed:

Existing Units:

Proposed Units:

Status:

Status Date:

Description:

Planner Reviewed

Cost:

Permit:

Form:

Filed:

Address:

Existing:

Proposed:

Existing Units:

Proposed Units:

Status:

Status Date:

Description:


8/5/2005

942 GRANT AV

0194/015



EXPIRED

2/9/2009

REROOFING

$26,500.00

20031 0097128


10/9/2003

950 GRANT AV

0194/015

OFFICE

OFFICE

COMPLETE

10 20 2011

SEISMIC UPGRADE- SPECIAL PROCEDURE.

LIGHT ADAM

$90,000.00

2 31 97128


10/9/2003

942 GRANT AV

0194/015

OFFICE

OFFICE

COMPLETE

10 20 2011

SEISMIC UPGRADE- SPECIAL PROCEDURE.

LIGHT ADAM

$90,000.00

8805243


4/22/1988

950 GRANT AV



COMPLETE

9/21/1988

RE 8717200, RELOCATE BATHRM, ELIMINATE OPEN STAIRWAY


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San Francisco Property Information Map Print Version age 9 of 10

Cost:

18,000.00

Permit

8717200

Form:

3

Alterations W ith Plans

Filed: 12/7/1987

Address:

950 GRANT AV

Existing:


Proposed: FOOD/BEVERAG E HNDLNG

Existing Un its:

0

Proposed Units:

0

Status: COMPLETE

Status Date: 9/21/1988

Description: RELO CATE MAIN STAIRWAY AND TOILET FACILITIES

Cost:

40,000.00

Permit 8404625

Form:

3


Filed:

5/2/1984


Existing: OFFICE

Proposed:

OFFICE

Existing U nits:

0

Proposed U nits:

0

Status: COMPLETE

Status Date:

1012/1984

Description: MOVE POR TION OF STAIR

Cost:

500.00

Permit 8313262

Form:

3

Alterations W ith Plans

Filed: 12/29/1983

Address:

942 GRANT AV

Existing:


Proposed:

OFFICE

Existing Un its:

0

Proposed Units:

0

Status:

COMPLETE

Status Date:

3/4/1986

Descript ion: TO BRACE BRICK PARAPET IN CONFORM ANCE WITH REQUIREMENT.

Cost: 15,000.00

Permit 8313259

Form:

3 Alterations W ith Plans

Filed:

12/29/1983

Address:

57 WENTWORTH ST

Existing: OFFICE

Proposed: OFFICE

Existing Units:

0

Proposed Units:

0

Status:

COMPLETE

Status Date:

3/4/1986

Description: TO BRACE BRCK PARAPET IN CONFORM ANCE WITH REQUIREMENTS.

Cost:

1,500.00

Permit

313259


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age 10 of 10

Form:


Filed:

12 29 1983

Address:

57 WENTWORTH ST

Existing:

OFFICE

Proposed:

OFFICE

Existing Units:

Proposed Units:

Status:

COMPLETE

Status Date:

3 4 1986

Description:

TO BRACE BRCK PARAPET IN CONFORMANCE WITH REQUIREMENTS.

Cost:

1,500.00

The Disclaimer: The City and County

o

San Francisco (CCSF) does not guarantee the accuracy, adequacy, completeness or usefulness

o any information- CCSF provides this

information on an as is basis without warranty

o

any kind, incluthng but not limited to warranties

o

merchantability or fitness for a pa rticu ar purpose, and assumes no

responsibility for anyones use of the information.

Printed: 4/2412015

ttp:J/propertymap.sfplanning.org ?dept=planning


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F R A N C I S C O

PL NNING DEP RTMENT

1650 M issi

Suite 400

San Francis

CA 94103-

Reception:

4 1 5 5 5 8 6

F a x

4 1 5 5 5 8 6

Planning

Information

4 1 5 5 5 8 6

riwsfpsnnIr gorg


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9 5 0 Grant Avenue


Complaint No :

2015 005193ENF

une

5 2 0 1 5

S N FR NCISCO

PL NNING DEP RTMENT


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9 5 0 Grant Avenue


Complaint No :

2 0 1 5 - 0 0 5 1 9 3 E N F

une 5 2 0 1 5

S N FR NC ISC O

PL NNING DEP RTMENT


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1920C

95 Grant Avenue 2nd FLR

San Francisco, CA 94108

May 13, 2015

San Francisco Planning Department

1650 Mission St, Suite 400

San Francisco, CA 941 03

RE EIVED

M A Y 1 3 2 1 5

CITY & COUNTY OF

PL NNING DEP RTMENT

RECEPTION DESK

RE: Response to Notice of Enforcement

Violation:

The C ity of San Francisco Planning Department has issued an enforcem ent notice regarding the

space occupied by 1920 C located at 950 Grant Avenue, 2nd Floor, San Francisco. The

enforcement letter states 1920 C is in violation of Planning C ode Section 811 .70 by illegally

operating as an Adm inistrative Service in the Chinatown-V isitor Retail Zoning District (CVR ).

1920C s Response To Planning Code Violation:

192 0C argues their comm ercial use is permitted and in compliance with the Planning Code.

192 0C believes the way they op erate and the way they use their space is a combination of

permitted land uses. 1920 C follows the guidelines for Other Retail Sales and Service (Sec.

890.10 2) and Professional Service (Sec. 890.108) as well as Other Institution (Sec. 890.50). All

three of these uses are permitted at the second floor in the Chinatown Visitor Retail Zoning

District and are detailed further in this response. 192 0C understands the regulatory challenges of

identifying a primary land use in a new business m odel that consists of a comb ination of uses

and hope that the Planning Departmen t will review this evidence objectively. Determining that

192 0C is an Adm inistrative Use is an unfair and incorrect categorization. Concerns that

permitting 192 0C to operate will lead to an influx of office uses in C hinatown is also an unfair

assumption, as we are not an office space but rather a permitted land use. Regardless, generally

an office use is permitted in the Chinatown V isitor Retail Zoning District if it is a Professional

Service, as we are.

192 0C further believes their company no t only complies but even supports the purpose of the

Ch inatown Retail Visitors District because of their appeal to visitors and the way they operate

exclusively to the general public. As stated in the CV R D istrict, This district contains a

concentration of shoppers bazaars, art goods stores, and restaurants which attract visitors and

shoppers and contribute to the Citys visual and economic diversity. 192 0C feels this aligns

directly with their company as they attract visitors, sell artwork, bring in economic diversity, and


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operate in a visually stunning historic building. Since 1920C directly serves the pu blic and

maintains the intention of the district, it should not be considered an administrative use.

Leaseholders of 95 Grant Avenue 2nd Floor:

The leaseholders of 950 G rant Ave, 2nd F loor are 1920C and Pacific Atrocities Education.

These two organizations co-share the space. Jenny Chan is the Director of Pacific Atrocities

Education and co-founder of 1920C. (Exh ibit D)

What is 192 C:

1920C is a cow orking space, art gallery, pop-up shop, and creative comm unity. 1920C s space

has mu ltiple services and uses because the business operates as a flexible work and comm unity

space.

What is Pacific Atrocities Education:

Pacific Atrocities Education (PA E) is a 501(c)(3) nonprofit organization that brings

awareness to w artime atrocities committed in the Pacific Asia region from 19 31-1945. The

organization educates others through literary and performance based arts. Pacific Atrocities

Education was found ed in 2013 and received its 501(c)(3) status in 2014. Since founding, over

500 people in the B ay Area have become involved in or were a part of ou r projects early efforts.

Mo re than 10 m illion people were killed in Pacific-based atrocities during W orld W ar II,

over 300,000 w ere killed during the N anjing Massacre alone. Given these horrifying facts it may

seem astonishing that very few schoo ls in the U.S. teach this part of our shared world history.

This very important historical momen t is significant in understanding present day Sino-Am erican

relations and Sino-Japanese relations alike. Furthermore, bringing awareness to wartime

atrocities in the Pacific Asia region helps survivors find closure and increased dialogue about

complex contemporary hum an rights issues worldwide.

PAE currently occupies the space at 950 Grant Ave. on the 2nd floor with the comp any

1920C. PAE hosts community meetings twice a month as w ell. PAE s supporting comm unity

gathers to discuss the potential compensation for the victims of the W W II in Asia.

95 Grant Avenue Uses:

Please reference Exhibit M for floorplan.

192 C Retail Uses:

1920C has a sellers permit and sells artwork in their art gallery. (Exhibit C) 1920C also

sells items like jewelry and allows their members to sell their own products. 1920C has

pop-up events w here they provide space for local artists/vendors to sell their products.

(Exhibit K)

2


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1920C provides public access to rent office equipment including deskspace. 1920C offers

a free day to anyone who com es in for the first time. 1920C sells hourly, daily and

monthly d esk rentals. Included is wifi, coffee, and access to printers. (Exhibit A)

Individuals may drop-in to use the space without long-term comm itment. 1920C does not

exclude individuals who w ant to use the space b ased on their status, or lack of status, as a

business. 1920C also rents out their conference room and event space. 1920C s

meeting room is rented for any type of use, examples include; women group m eetings, an

artist comm unity meetup, small religious group m eetings, and students meeting for a

project. (Exhibit B) Planning Co de Section 890.102 specifically includes sale or rental of

office equipment in the definition of Other Retail Sales and Service, It excludes the sale

of heating fuel and the sale or rental of comm ercial equipment (excluding office

equipment) .

Professional Services:

Planning Code Sec. 890.108 defines a Professional Service as generally an office use,

which provides professional services to the general public or to other businesses . 1920C

offers Marketing consulting services for their mem bers, made up of the general public or

other businesses. Every m ember has access to their marketing consultant, currently 7

Dots M arketing. 19

950 Grant Novpd

Documents

Transcript of 950 Grant Novpd