ZONING ADMINISTRATOR

NOTICE OF HEARING ON

APPLICATION FOR ZONING VARIANCE

 

 

Notice is hereby given to the general public and to owners of the subject property and other property within 300 feet that an application for variance under the Planning Code as

described below has been filed with the Zoning Administrator and will be considered at a PUBLIC HEARING to be held on Wednesday, March 24, 2010, City Hall,  1 Dr. Carlton B. Goodlett Place, Room 408 as follows:

 

9:30 A.M.

 

A.      CONSENT CALENDAR

 

All items listed hereunder constitute a Consent Calendar and are considered to be routine by the Zoning Administrator.  There will be no separate discussion of these items unless a member of the public so requests, in which case the matter shall be removed from the Consent Calendar and considered as a separate item at this time or at a future hearing.

                                    (GLENN CABREROS)

1.                                           2009.1120V:   45 RAYCLIFF TERRACE, Lot008E in Assessor’s Block 0962 in a RH-1(D) (Residential, House, One Family-Detached) and a 40-X Height and Bulk District.

 

SIDE AND REAR YARD VARIANCE SOUGHT:  The proposal is for side horizontal additions along the east and west (side) facades and rear façade alterations to the existing single-family residence.

 

PER SECTION 133 OF THE PLANNING CODE the subject property is required to maintain two, four-foot side yards.  Along the west side, a side addition is proposed to the side property line for a depth of 33 feet.  Along the east side, a side addition projects 2 inches into required side yard for a depth of 15 feet.

 

PER SECTION 134 the subject property is required to maintain a rear yard of 24 feet.  The proposed side addition on the west side would project 14 feet into the required rear yard.  Portions of the rear facade are proposed to be altered to include a new deck at garage level and reconfiguration of the existing rear wall and decks at the uppermost two floors.

 

PER SECTION 188 a noncomplying structure may be enlarged, altered or relocated provided there is no increase in any discrepancy.  Portions of the existing building are legally constructed into required rear and side yards and are legal, noncomplyingstructures.  The side and rear alterations proposed would be contrary to Section 188.

 

 

 

(SHARON YOUNG)

2.                                             2010.0013V:        615 – 38^TH AVENUE,  Lot 001C in Assessor’s Block 1581 in a RH-2 (Residential, House, Two Family) Zoning District in a 40-X Height and Bulk District.

 

REAR YARD SOUGHT:  The proposal is to infill an existing open area (approximately 15 feet deep by 25 feet wide) at the first (ground) floor which will extend into the required rear yard of the three-story, single-family dwelling.  The infill is beneath an addition previously approved but not yet constructed (Case No. 2006.0153V, Board of Appeals Case No. V06-106).

 

SECTION 134 OF THE PLANNING CODE requires a rear yard area in an RH-2 Zoning District to be equivalent to 45 percent of the total lot depth, or when using averaging, no less than 25 percent of the lot depth or 15 feet, whichever is greater.  The subject property has a lot depth of 96 feet.  Using averaging, the required rear yard of the subject property is approximately 35 feet.  The proposed infill on the first floor will extend approximately 9 feet into the required rear yard.

 

                                                                                                                       (SHARON LAI)

3.      2009.1154V:   2037 – 2039 48^TH AVENUE, Lot 006 in Assessor’s Block 2168 in a RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

 

REAR YARD/OPEN SPACE/MIN LOT VARIANCE SOUGHT: The project proposes a lot split from the existing one lot with two detached structures to two lots with one structure occupying each lot. No modifications to the existing structures are proposed.

 

PER SECTION 134 OF THE PLANNING CODE the proposed lots are required to maintain rear yards of approximately 27 feet (lot facing Great Highway) and 21 feet, 6 inches (lot facing 48^th Avenue), where 8 feet will be provided for each proposed lot. Hence the project requires a variance from the rear yard requirement (Section 134) of the Planning Code.

 

PER SECTION 121 OF THE PLANNING CODE the proposed lots are required to maintain a minimum lot area of 2,500 square feet, where approximately 1,500 square feet (lot facing Great Highway) and 1,200 square feet (lot facing 48^th Avenue) will be provided. Hence the project requires a variance from the minimum lot size requirement (Section 121) of the Planning Code.

 

PER SECTION 135 OF THE PLANNING CODE the proposed lot facing 48^th Avenue is required to maintain a minimum of 166.5 square feet of common usable open space per dwelling unit with at least 15 feet in every horizontal dimension and a minimum area of 300 square feet. The proposed 2-unit lot facing 48^th Avenue will provide 200 square feet of common usable open space, where 333 square feet is required. Hence the project requires a variance from the usable open space requirement (Section 135) of the Planning Code.

 

PER SECTION 330 OF THE PLANNING CODE a Coastal Permit for the project is also required and currently under review.

 (TIM FRYE)

4.      2010.0102V:   1 FRANKLIN STREET, Lot 003 in Assessor’s Block 0837 in a moderate scale

                                 neighborhood commercial transit district.

 

                                 BAYS/PERMITTED OBSTRUCTION VARIANCE SOUGHT:   The proposal is to construct an 8-story mixed-use structure with ground-floor commercial space and 18 off-street parking spaces on an existing surface parking lot.  A code-complying modified rear yard will be provide pursuant to section 134(e)(2) of the Planning Code. No hearing is required for approval except this hearing to consider relaxing the requirements for bay windows under Section 136.

 

PER SECTION 136 OF THE PLANNING CODE permitted obstructions (bay windows) over the public right-of-way are limited to extend over the property line 2-feet where the sidewalk is 9-feet or less and 3-feet where the sidewalk is over 9-feet in width.  The maximum width allowed for a bay window is 15-feet, narrowed at a 45-degree angle to a maximum width of 9-feet as it extends over the property line.  The minimum horizontal separation between bay windows is 2-feet at the property line, widened at a 135-degree angle to a minimum width of 8-feet as it extends over the property line. The proposed bay windows do not meet the projection, width, or separation requirements; therefore, the project seeks a variance from the requirements of Planning Code Section 136.

(PILAR LAVALLEY)

5.    2010.0087V:        117 PROSPECT STREET, Lot 035 in Assessor’s Block 5617 in an RH-2 (Residential, House, Two-Family) Zoning District and a 40-X/Bernal SUD Height and Bulk District.

 

REAR YARD VARIANCE SOUGHT:  The proposal is to replace the existing gable roof with a flat roof at rear two-thirds of building and construct a small horizontal addition along north elevation of 2^nd floor of a two-family residential building.  The new flat roof would match the height of the existing roof peak, which is approximately 20 feet high as measured from the rear of the building.

 

PER SECTION 242(e)(2)(B) OF THE PLANNING CODE, the subject property is required to maintain a rear yard of 45% or 31.5 feet.  The existing building is non-conforming in that is already encroaches approximately 14 feet into the required rear yard.  The proposed alteration of the roof form would increase the non-conformance for that portion of the building that already encroaches into the required rear yard by raising the roofline.  The proposal would not change the existing rear yard, which is approximately 17 feet deep.  The project requires a variance from the rear yard requirement (Section 242(e)(2)(B) of the Planning Code.

 

B.                            REGULAR CALENDAR

(GLENN CABREROS)

6.    2010.0053V:        194 – 28^th AVENUE, Lot 018 in Assessor’s Block 1331 in an RH-1 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

 

REAR YARD VARIANCE SOUGHT:  The proposal is to remove the existing one-story deck at the southeastern corner of the single-family residence and to construct a new, larger one-story deck at the same location that aligns with the main façade along Lake Street and the rearmost façade of the building.

 

PER SECTION 134 OF THE PLANNING CODE the subject property is required

to maintain a rear yard of approximately 22 feet.  The existing building and rear deck

encroach approximately 11 feet into the required rear yard, resulting in a rear yard 11

feet deep.  The new deck would encroach 11 feet into the required rear yard for a

width of 11 feet.  Therefore, the project requires the above requested variances.

           

PER SECTION 188 OF THE PLANNING CODE a noncomplying structure may

be enlarged, altered or relocated provided there is no increase in any discrepancy.

The existing building and deck were legally constructed 11 feet into the required rear

yard and are legal, noncomplying structures.  The deck replacement/expansion would

be contrary to Section 188.

 

(SHARON YOUNG)

7.    2010.0104V:        58 WILMOT STREET, Lot 006 in Assessor’s Block 0660 in an RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

 

EXPOSURE VARIANCE SOUGHT:  The proposal is to construct a new three-

story over garage, single-family dwelling (approximately 30 feet above existing grade) fronting Wilmot Street at 58 Wilmot Street (Assessor’s Block/Lot No. 0660/006). 

 

[Note:  The proposal will amend the Minimum Lot Area, Rear Yard, and Off-Street Parking Variances which were granted on January 19, 2007 under Case No. 2005.1128V.  The original proposal was to subdivide an existing through lot of approximately 3,188 square feet of area into two separate lots and to construct the new dwelling facing Wilmot Street.  There is an existing two-story over basement, two-family dwelling fronting Pine Street at 2255 - 2257 Pine Street (Assessor’s Block /Lot No. 0660/005).]

 

SECTION 140 OF THE PLANNING CODE requires that every dwelling unit in any use district face directly on an open area, such as a public street, a public alley or court yard at least 25 feet in width.  The new dwelling unit fronts on Wilmot Street, a public alley, which is only 20 feet in width. 

(SHELLEY CALTAGIRONE)

8.    2009.0582V:        751 25^th AVENUE, Lot 028 in Assessor’s Block 1619 in an RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

 

REAR YARD/NON-COMPLIANCE VARIANCE SOUGHT:  The proposal is to expand the existing two-story synagogue building by extending the first and second floor into the north side yard by approximately 6 feet and extending the first floor into the rear yard by approximately 12.5 feet. 

 

PER SECTION 134 OF THE PLANNING CODE the subject 75-foot-wide by 240-foot-deep property is required to maintain a rear yard of approximately 108 feet. The building currently extends into the required rear yard approximately 45 feet.  The proposed addition would extend an additional 12.5 feet into the required rear yard area.

 

PER SECTION 188 OF THE PLANNING CODE expansion of a non-complying structure is prohibited. The existing building is considered a legal non-complying structure because portions of it already encroach into the required rear yard.

 

                                                                                                                       (ADRIAN PUTRA)

9.    2009.1184V:        259 STAPLES AVENUE, Lot 038 in Assessor’s Block 3157 in an RH-1 (Residential, House, One-Family) Zoning District and a 40-X Height and

Bulk District.

 

                                    REAR YARD VARIANCE SOUGHT:  The project is to legalize a rear portion of a second floor vertical addition built on a detached rear garage structure that exceeded the scope of an approved permit and was constructed without the benefit of a permit.

 

PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of approximately 28 feet.  The proposed rear addition would encroach approximately 2.5 feet into the required rear yard and result in a rear yard of 25.5 feet; therefore, the project requires a variance from the rear yard requirement (Section 134) of the Planning Code.

 

(CECILIA JAROSLAWSKY)

10.      2010.0041V:   81 ASHTON AVENUE,  The proposal is to extend the westerly portion of a two-level, single-family dwelling approximately 17 feet to the rear property line at both levels.

PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of approximately 13 feet.  The proposed rear addition would encroach approximately 13 feet into the required rear yard and result in a rear yard of 0 feet; therefore, the project requires a variance from the rear yard requirement (Section 134) of the Planning Code.

PER SECTION 311 OF THE PLANNING CODE a separate 30-day notification will be completed for the building permit application associated with this project to property owners and occupants within 150 feet of the subject property.

 

(DIEGO SANCHEZ)

11.                               2010.0022V:   178 HOLLADAY AVENUE,Lot 003 in Assessor’s Block 5532 in an RH-1 (Residential, House, Single Family) Zoning District and a 40-X Height and Bulk District.

 

REAR YARD VARIANCE:  The proposal is a third addition at the rear of an existing three story single family dwelling. The addition will match the existing depth at the bottom two stories of the dwelling.  The proposal also includes a new front entry stair.

PER SECTION 242 OF THE PLANNING CODE, the subject property is required to maintain a rear yard of approximately 26 feet.  The existing dwelling currently encroaches into the rear yard by approximately 3 feet.  The proposed rear addition would encroach approximately 3 feet into the required rear yard and result in a rear yard of 22 feet, 7 inches.  The project requires a variance from the rear yard requirement under Section 242 of the Planning Code.

 

PER SECTION 242 OF THE PLANNING CODE, the subject property is required a mass reduction of 650 square feet of usable floor area, plus a quantity equal to those areas outside of the maximum building envelope.  The project falls short of the mass reduction requirement by 230 square feet, does not meet the mass reduction requirements and requires a variance from Planning Code Section 242. 

 

 (EDGAR OROPEZA)

12.                               2010.0007V:   398 PENNSYLVANIA STREET (AKA 1120 19^TH STREET), Lot 009 in Assessor’s Block 4039 in an RH-2 (Residential, House, Two Family) Zoning District and a 40-X Height and Bulk District.

 

REAR YARD/OPEN SPACE VARIANCE:  The proposal is to subdivide Lot  009, in Assessor’s Block 4039 into two individual lots.  The resulting lots would already be improved with a single family dwelling on each lot.  No construction of any type is proposed under this variance.

 

SECTION 121 OF THE PLANNING CODE, requires that all properties in the RH-2 Zoning District contain no less than 1,750 square feet of lot area.  In this case the total lot area for Lot “A” located at 398 Pennsylvania would be approximately 1,638 square feet.  Lot “B” located at 1120 19^th Street would be approximately 863 square feet.

 

                                                PER SECTION 134 OF THE PLANNING CODE, the minimum rear yard depth for the subject property shall be 45 percent of the total depth of the lot on which the building is situated, except to the extent that a reduction in this requirement is permitted, but in no case shall it be less than 25 percent o f the total depth of the lot.  Furthermore, the last 10 feet of building depth shall be limited to a height of 30 feet.  In this case the proposed rear yard for Lot “A” is approximately 16’-“3” or 25 percent.  The height of the existing residence is approximately 40 feet over grade.  No rear yard is proposed for lot “B”.

 

SECTION 151 OF THE PLANNING CODE one off-street parking space is required for each dwelling unit.  Two independently accessible parking spaces currently exist on the subject lot, located in the front dwelling.  As a result of the variance, these two spaces would be maintained for the dwelling on lot “A”.  No parking is proposed for the dwelling on lot “B”.

 

 

 

 

(DIEGO SANCHEZ)

13.                               2009.1023V:   2420 FOLSOM STREET,Lot 005 in Assessor’s Block 3611 in an RH-3 (Residential, House, Three Family) Zoning District and a 40-X Height and Bulk District.

 

REAR YARD VARIANCE:  The proposal is to add a one story rear addition with a roof deck to an existing multifamily building.  The addition would span the width of the lot and enclose a parking area at the ground floor.  The rear addition would span the width of the lot and reach the rear property line.  The project also proposes a 10 foot high wooden fence on the roof deck, running along its perimeter.

 

PER SECTION 134 OF THE PLANNING CODE, the subject property   is required to maintain a rear yard of 47 feet 9 inches.  The proposed rear addition would eliminate the rear yard.  The project therefore requires a variance from the rear yard requirement under Section 134 of the Planning Code.

 

PER SECTION 134 OF THE PLANNING CODE, the subject property   is required to maintain a rear yard free of fences taller than 10 feet above grade.  The wooden fence is 20 feet above grade and runs the perimeter of the rear yard of the lot.  The project requires a variance from Planning Code Section 134 because of the height of the wooden fence.

                                   

                                                                                                (TIM FRYE)

14.                               2009.1055V:   30 – 32 PRESCOTT, Lot 029 in Assessor’s Block 0143 in a RH-3 (Residential, House, Three Family) Zoning District and a 40-X Height and Bulk District.

 

REAR YARD VARIANCE SOUGHT:  The proposal is an interior and exterior rehabilitation of the historic building, including the construction of horizontal and vertical additions.  The vertical addition will be setback a minimum of 12-feet from the street façade of the subject building.  The rear horizontal addition will be 40 feet in height and will project into the required rear yard.

 

PER SECTION 134 OF THE PLANNING CODE the required rear yard for the subject building is 45% of the total lot depth.  The lot is 65-feet deep and requires a rear yard of 29-feet. The existing building projects 9.5-feet into the required rear yard and the proposed project will remove the rear 5-feet and construct an addition that extends an additional 4.5-feet from the existing rear wall for a total projection of 14-feet into the required rear yard.  The project seeks a variance from the requirements of Section 134 of the Planning Code.

 

Public Comment:

At this time, members of the public may address the Zoning Administrator on items of interest to the public that are within the subject matter jurisdiction of the Zoning Administrator except agenda items.  With respect to agenda items, your opportunity to address the Zoning Administrator will be afforded when the item is reached in the meeting.  Each member of the public may address the Zoning Administrator for up to three minutes.

 

The Zoning Administrator will not take action on any item not appearing on the posted agenda, including those items raised at public comment.  In response to public comment, the Zoning Administrator may:

 

(1)   respond to statements made or questions posed by members of the public;  or

(2)   request staff to report back on a matter at a subsequent meeting; or

(3)   direct staff to place the item on a future agenda.  (Government Code Section 54954.2(a))

 

 

 

 

 

 

ADJOURNMENT