September 25, 2013

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 the date, time, and place listed on the first page of this Calendar:

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.

2012.0189V: 1731 LARKIN STREET, Lot 004 in Assessor's Block 0597 in a RM-2 (Residential-Mixed, Moderate Density) Zoning District and a 65-A Height and Bulk District. (ELIZABETH WATTY)

REAR YARD VARIANCE SOUGHT: The proposal is to construct new decks at the rear of the existing four-story, six-unit building, and to make interior alterations, including the conversion of the existing ground floor storage area into additional off-street parking.

PER SECTION 134 OF THE PLANNING CODE the subject property is required to provide a rear yard of 61'-9". The existing building encroaches approximately 25'-3" into the required rear yard, and is considered legal noncomplying. The proposed rear decks extend an additional 6'-6" from the rear building wall, encroaching a total of 31'-9" into the required rear yard. 

B. REGULAR CALENDAR

2013.0113V: 35-41 LAFAYETTE STREET, Lot 066 in Assessor's Block 3511 in a RED (South Of Market Residential Enclave) Zoning District and a 40-X Height and Bulk District. (BRITTANY BENDIX)

OPEN SPACE VARIANCE SOUGHT: The subject property is developed with two separate buildings. The proposal will convert the unused ground floor of each building into two additional dwelling units per building. This will result in a total of four additional dwelling units on the property.

SECTION 135 OF THE PLANNING CODE requires that the subject property provide access to 80 square-feet of useable open space per dwelling. The property currently has 259 square-feet of useable open space on-site. The proposed dwellings will require an additional 320 square-feet of useable open space. No additional open space is proposed; therefore, the project requires a variance.

2013.0773V: 1535 OAK STREET, Lot 044 in Assessor's Block 1222 in a RM-2(Residential- Mixed, Moderate Density) Zoning District and a 40-X Height and Bulk District. (CHRISTINE LAMORENA)

REAR YARD & EXPOSURE VARIANCES SOUGHT: The subject property contains two structures, one structure at the front of the property containing four dwelling units and one structure at the rear of the property. The proposed project is to legalize a dwelling unit established in the rear structure without permit. The project includes a roof hatch leading to a new deck (approximately 11 feet deep by 27 feet wide) on the roof of the rear structure. No further expansion to the structure is proposed.

PER SECTION 134 OF THE PLANNING CODE the subject property with a lot depth of 137.5 feet requires a rear yard depth of approximately 62 feet. The noncomplying structure is located entirely within the required rear yard. The proposed roof deck on the rear structure will include a 42" tall solid railing.

PER SECTION 140 OF THE PLANNING CODE all dwelling units must face directly onto a public street, public alley, side yard at least 25 feet in width, or Code compliant rear yard. The dwelling unit proposed to be legalized is located in a structure in the rear yard and it faces a non-compliant rear yard measuring approximately 20 feet in depth located between the two structures on the lot.

2013.0674V: 2001 - 17TH STREET, Lot 001 in Assessor's Block 3977 in a RH-2 (Residential- House, Two Family) Zoning District and a 45-X Height and Bulk District. (COREY TEAGUE)

REAR YARD, OPEN SPACE, AND PARKING VARIANCES SOUGHT: The proposal is to legalize five existing group housing rooms on the second floor. The project received Conditional Use Authorization (Case No. 93.354C) and a Variance (Case No. 93.678V) in 1994; however, no Building Permit was ever issued to legalize the group housing rooms. The Conditional Use Authorization is still effective. However, the Variance has expired.

PER SECTION 134 OF THE PLANNING CODE the subject property must provide a rear yard of approximately 26 feet or more. No rear yard is provided on the property. Therefore, a rear yard variance is required.

PER SECTION 135 OF THE PLANNING CODE the subject property must provide at least 42 square feet of private useable open space for each room, or 210 square feet of common useable open space, or an adequate combination of private and common open space. The proposal includes no code-complying open space. Therefore, an open space variance is required.

PER SECTION 151 OF THE PLANNING CODE the subject property is required to provide two off-street parking spaces for the five group housing rooms. The property provides no off-street parking. Therefore, a parking variance is required.

2013.0906V: 15 WEST PORTAL AVENUE, Lot 029 in Assessor's Block 2979A in a WEST PORTAL(West Portal Avenue Neighborhood Commercial) Zoning District and a 26-X Height and Bulk District. (DOUG VU)

REAR YARD VARIANCE SOUGHT: The proposal includes a side and rear horizontal addition to the recently approved two-story commercial building that was previously destroyed by fire. These additions will encroach into the required rear yard of the noncomplying structure, necessitating a rear yard variance.

PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard equal to 25 percent of the lot depth, but in no case less than 15 feet at grade level and at each succeeding level or story of the building. The proposed 3-foot side addition will encroach 3 feet 6 inches, and the 12-foot rear horizontal addition will encroach 13 feet into the required rear yard, therefore, a variance is required.

2013.0581V: 1228 MONTGOMERY STREET, Lot 046 in Assessor's Block 0113 in a RH-3(Residential- House, Three Family) Zoning District and a 40-X Height and Bulk District. (ELIZABETH WATTY)

REAR YARD VARIANCE SOUGHT: The project includes the construction of a four-story elevator shaft at the rear of the existing building.

PER SECTION 134 OF THE PLANNING CODE the subject property is required to provide a rear yard of 23'-0". The existing front building encroaches approximately 11'-0" into the required rear yard, and the existing one-story rear building is located entirely within the required rear yard, abutting the rear property line. Both structures are considered legal noncomplying. The proposed elevator shaft and related landings are located between the two buildings, entirely within the required rear yard. The elevator extends to within 12'-6"' of the rear property line, and therefore requires a variance from the rear yard requirements of Planning Code Section 134.

2013.0790V: 949 HAMPSHIRE STREET, Lot 030 in Assessor's Block 4142 in a RH-2(Residential- House, Two Family) Zoning District and a 40-X Height and Bulk District. (ERIKA JACKSON)

EXPOSURE VARIANCE SOUGHT: The proposal is to add a second dwelling unit to an existing single-family dwelling.

PER SECTION 140 OF THE PLANNING CODE each dwelling unit is required to face directly on an open area – a public street, a required rear yard, or an inner court. The proposed dwelling unit faces an existing legal noncomplying rear yard and therefore requires an exposure variance.

2012.1283V: 2440 VALLEJO STREET, Lot 039 in Assessor's Block 0559 in a RH-2(Residential- House, Two Family) Zoning District and a 40-X Height and Bulk District. (GLENN CABREROS)

FRONT SETBACK AND STREET FRONTAGE VARIANCES SOUGHT: The project proposes to relocate the garage door closer to the street to align with the forward edge of the existing one-story deck at the front of the 3-story single-family home.

PLANNING CODE SECTIONS 132(G)&(H), require that 20 percent of the required front setback be devoted to landscaping and 50 percent of the required front setback be comprised of permeable surfaces. The project requires approximately 41 sf of landscaping and 102 sf of permeable surfaces. The project proposes approximately 28 sf of landscaping and permeable surfaces; therefore, a variance is required.

PLANNING CODE SECTION 144(B)(1) requires that street-facing garage structures and garage doors not extend closer to the street than a primary building facade. The project would place the garage door forward of the main building facade; therefore, a variance is required.

2013.0667V: 2808 MARKET STREET, Lot 008 in Assessor's Block 2651 in a RH-2 (Residential- House, Two Family) Zoning District and a 40-X Height and Bulk District. (JESSICA LOOK)

OPEN SPACE VARIANCE SOUGHT: The project includes addition of a new dwelling unit on the lower level for a total of two units on site. No modifications to the building envelope are proposed.

PER SECTION 135 OF THE PLANNING CODE the subject property is required to maintain 125 sq. ft. of private open space per unit or 166.25 sq. ft. per unit if it is common. The proposed project only has open spaces located at an on grade patio and at a second story deck. Both open spaces are only accessible from the upper unit and below the thresholds needed for the open space requirement for two units. As such, the proposed dwelling unit requires a variance from the open space requirement of the Planning Code.

2013.0532V: 1020 - 1022 PIERCE STREET, Lot 012 in Assessor's Block 0754 in a RM-3 (Residential-Mixed, Medium Density) Zoning District and a 40-X Height and Bulk District. (KANISHKA BURNS)

PARKING VARIANCE SOUGHT: The project includes legalizing a third dwelling unit created without permit and adding a fourth dwelling unit to the existing three-story building, which is currently authorized as a two-unit building.

SECTION 150 OF THE PLANNING CODE defines a major addition as a change of occupancy which would increase the number of off-street parking spaces required for dwelling units by two or more spaces. The project would not provide any off-street parking where two spaces are required for the addition of two dwelling units; therefore a variance is required.

2012.1448V: 1410 JEFFERSON STREET, Lot 002 in Assessor's Block 0436C in a RH-2(Residential- House, Two Family) Zoning District and a 40-X Height and Bulk District. (KANISHKA BURNS)

EXPOSURE VARIANCE SOUGHT: The project includes the addition of a dwelling unit at the rear of the ground floor of a four-story, single-family house.

SECTION 140 OF THE PLANNING CODE requires at least one room in each dwelling unit to face directly onto a public street, public alley, side yard at least 25 feet in width or Code compliant rear yard. The required rear yard for the subject property is approximately 29 feet. The proposed dwelling unit would face onto a non-compliant rear yard measuring approximately 15 feet in depth; therefore, a variance is required.

2013.0609V: 773 OAK STREET, Lot 023 in Assessor's Block 0843 in a RM-1(Residential- Mixed, Low Density) Zoning District and a 40-X Height and Bulk District. (SARA VELLVE)

REAR YARD VARIANCE SOUGHT: The proposal is to expand the existing non-conforming, single-family dwelling located entirely within the 25% required rear yard. The subject lot contains two buildings, and the building to be expanded is at the rear of the lot and not visible from the street. The rear wall at the southeast corner of the ground floor would be extended approximately 1 foot towards the rear property line. The attic would be expanded through an approximately 7 foot vertical expansion and an approximately 3 foot horizontal addition. The overall building volume would be substantially enlarged, but not visible behind the parapet at the front building wall.

SECTION 134 OF THE PLANNING CODE requires a minimum rear yard depth of approximately 28 feet from the rear property line. The existing building is constructed to the rear property line, and the proposed horizontal expansion of the ground floor would extend to within approximately 4 feet of the rear property line, and the proposed horizontal expansion of the attic area would extend to within approximately 12 feet of the rear property line and encroach into the required rear yard.

C. 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