City and County of San Francisco
1660 Mission Street, Suite 500
July 14, 2004
Mr. Frank Chiu
Department of Building Inspection
1660 Missions Street, Suite 600
San Francisco CA 94103
Dear Frank:
This letter serves as a response to your written request of June 17, 2004.  As a part of your separate consideration and determination of the validity of Permit Application No. 2003121-6431(S), you requested that the Planning Department re-determine whether our approval of the permit is still valid.  The validity of the Planning Department's approval of the 2003 site permit in now in question because you have now determined that previously-issued site permit application nos. 9817951(S) and 99004253(S) had expired and are thus null and void under the San Francisco Building Code.
After reviewing all relevant background material provided by the firms of Luce Forward (on behalf of TRANSDEF) and Steefel Levitt & Weiss (on behalf of Myers Natoma Ventures, LLC), as well as relevant City Planning Commission motions and permits, I find as follows:  First, the Planning Department approval of site permit applications nos. 9817951(S) and 9904353 came only as a result of a determination of compliance with relevant conditions of approval contained in Exhibit A of CPC Motions 14615 and 14619.  Second, both of the site permits were issued prior to the February 25, 2001 deadline imposed by the City Planning Commission's authorization.  This fact is confirmed in your June 17, 2004 letter to Mr. Badiner.  Third, the background material demonstrates issuance of other permits and construction and business activity in the months (and years) since the 1999 permits was issued.  Therefore, there has been no abandonment of the conditional use authorization under the Planning Code.
Based on the above findings, I have determined that the Planning Department's approval of Permit No. 200312162431(S) is still valid because that approval is consistent with the Planning Commission's conditions of approval in the conditional use authorization.
If you have any further questions or requests, please feel free to contact my office.
Gerald G. Green
Director of Planning