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, August 23, 2006, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 408 as follows:

9:30 A.M.

1. 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.

(SHARON YOUNG)

1. 2006.0637V 1334 MASONIC AVENUE, east side between Waller and Frederick Streets, Lot 036 in Assessor's Block 1256 in an RH-3 (House, Three-Family) Zoning District and a 40 X Height and Bulk District.

REAR YARD AND NONCOMPLYING VARIANCES SOUGHT: The proposal is to construct a one-story horizontal addition (located on the northeast corner of the building) that will partially extend into the required rear yard of an existing three-story, single-family dwelling. The proposed horizontal addition, approximately 26 feet deep by 8 feet wide by 12.5 feet high, will be set back 5 feet from the north property line. The proposal will include the construction of a new concrete retaining wall and staircase.

Section 134 of the Planning Code requires a rear yard area in an RH-3 Zoning District to be equivalent to 45 percent of the total lot depth. The subject property, with a lot depth of 150 feet, has a required rear yard of 67.5 feet. Although the horizontal addition could extend into the required rear yard as a permitted obstruction, a portion of the addition will range from 1.5 feet to 2.5 feet higher than the maximum permitted height of 10 feet above grade, thus requiring a variance.

Section 188 of the Planning Code prohibits the expansion or replacement of a noncomplying structure. Because the existing building already encroaches into the required rear yard, it is considered a legal noncomplying structure. Therefore, the proposed expansion would be contrary to Section 188 of the Planning Code.

(KATE CONNER)

2. 2006.0740V: 4052 21^st STREET, north side, at the corner of 21^st and Diamond Streets; Lot 007F in Assessor's Block 2751 in an RH-2 (Residential, House, Two-Family) and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to construct a second floor deck with a descending staircase within the required rear yard.

Section 134 of the Planning Code requires that the subject property maintain a 22'-6 rear yard. The existing setback between the cantilevered second story and the rear property line is approximately 18 feet. The proposed deck will extend from this level of occupancy approximately 15 feet into the required rear yard, thereby leaving a three-foot rear yard.

(RICK CRAWFORD)

3. 2006.0698V: 1117 SANCHEZ STREET, east side between 24^th and Jersey Streets, Assessor's Block 6509, Lot 020A in the 24^th Street and Noe Neighborhood Commercial District, and within the 40-X Height and Bulk District.

REAR YARD AND EXPANSION OF NONCOMPLYING STRUCTURE VARIANCE SOUGHT: The proposal is to construct a third floor to the existing two-story, single-family dwelling. The existing building covers the entire 25-foot deep lot.

Planning Code Section 134 requires a rear yard of 15 feet, where none is proposed.

Planning Code Section 188 prohibits the expansion of a noncomplying structure that increases the structures degree of noncompliance.

(CECILIA JAROSLAWSKY)

4. 2006.0569V: 11 HERNANDEZ AVENUE, east side, between Woodside Avenue and Laguna Honda Boulevard; Lot 35 in Assessor's Block 2891 in an RH-1(D) (House, One-Family (Detached Dwellings)) and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to add a rear deck, approximately 28 feet wide by approximately six feet deep, at the second level of a two-story, single-family structure.

Section 134 of the Planning Code requires a minimum rear yard of 25 feet, where 19 has been proposed; therefore, the addition of the second level rear deck would be contrary to Section 134 and would require a Variance.

(ELIZABETH WATTY)

5. 2006.0620V: 280 GRANVILLE WAY, northeast corner of Claremont Boulevard; Lot 025 in Assessor's Block 2976 in an RH-1(D) (Residential, House, One-Family, Detached) Zoning District and a 40-X Height and Bulk District.

SIDE YARD, REAR YARD, AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to enlarge the existing noncomplying, attached garage in width and length in order to create a larger one-car garage and a new deck at the garage roof.

Section 133 of the Planning Code requires two side yards of 3-feet each, where two side yards of 2-feet each is proposed.

Section 134 of the Planning Code requires a rear yard of 23-feet, 9-inches. The proposed garage extends to the rear property line and is located entirely within the required rear yard.

Section 188 of the Planning Code prohibits the expansion of a noncomplying structure that increases the structure's degree of noncompliance. The subject building is noncomplying as it encroaches into the required rear and side yards.

(ELIZABETH WATTY)

6. 2006.0619V: 149 URBANO DRIVE, southeast corner of De Soto Street; Lot 027 in Assessor's Block 6921 in an RH-1(D) (Residential, House, One-Family, Detached) Zoning District and a 40-X Height and Bulk District.

REAR YARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to enlarge an existing noncomplying, detached, one-car garage in order to create a two-car tandem garage, with a workshop and storage area. The existing garage will be extended forward, closer to Urbano Drive.

Section 134 of the Planning Code requires a rear yard of approximately 28 feet for the subject property. The proposed garage extends to the rear property line and is located entirely within the required rear yard. The proposed garage varies in width between approximately 17-feet and 20-feet.

Section 188 of the Planning Code does not permit the expansion or modification of a noncomplying structure. The existing one-car garage is considered a legal noncomplying structure because it is located entirely within the required rear yard. Therefore, the proposed expansion of the noncomplying structure along the rear property line would be contrary to Section 188 and would require a Variance.

(ELIZABETH WATTY)

7. 2006.0809V: 2800 OCEAN AVENUE, northwest corner of 20^th Avenue; Lot 006B in Assessor's Block 7204 in an RH-1(D) (Residential, House, One-Family, Detached) Zoning District and a 40-X Height and Bulk District.

SIDE YARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to construct a two-story horizontal side addition at the northeast corner of the single-family residence and to modify the existing flat roofline to a pitched roofline. A portion of the new, pitched roofline extends into the required side yard, and the two-story horizontal side addition encroaches into the required side yard by filling in a notch at the northeast corner of the residence that measures approximately 42 square feet in floor area. Although not included in this variance request, the project also includes new roof structures, a stair penthouse, a new rear deck and exterior design modifications all within the buildable area.

Section 133 of the Planning Code requires a 3-foot side yard setback along the north property line. The proposed horizontal addition extends approximately 6-feet from the existing two-story residence towards the north property-line, encroaching approximately 3-feet into the required side yard. This proposal requires a variance from the side yard requirements.

Section 188 of the Planning Code does not permit the expansion or modification of a noncomplying structure. The existing single-family residence is a legal noncomplying structure because it encroaches into the required north side yard and into the legislated setback along Ocean Avenue. The proposed horizontal side addition and the roofline modifications increase the discrepancy of the existing noncomplying residence. Modifying a noncomplying structure is contrary to Section 188, thus the proposal requires a noncomplying structure variance.

(EDGAR OROPEZA)

8. 2006.0690V: 40-42 CORTLAND AVENUE, AKA 39 SANTA MARINA STREET, Lot 014 in Assessor's Block 5674, a through lot on the south side of Cortland between Mission Street and Prospect Avenue with frontage on Santa Marina Street in an RH-2 (House, Two-Family) District, the Bernal Heights Special Use District and a 40-X Height and Bulk District.

LOT AREA, REAR YARD AND OPEN SPACE VARIANCES SOUGHT: The proposal is to (1) subdivide an existing 2,500 square foot through-lot into two separate lots of 1,412.5 square feet and 1,087.5 square feet, each with frontage on separate rights-of-way. The proposed lot along Cortland Avenue would be 56.5 feet deep while the proposed lot along Santa Marina Street would be 43.5 feet deep.

Planning Code Section 121(e)(2) requires that properties in the RH-2 Zoning District contain no less than 2,500 square feet of lot area. The project proposes to subdivide an existing 2,500 square foot through-lot into of two separate lots of 1,412.5 square feet and 1,087.5 square feet.

Planning Code Section 242(e)(2)(B) requires a minimum rear yard depth to be equal to 45 percent of the lot depth but in no case less than 25% of the lot depth of 15 feet, whichever is approximately 1 foot (Cortland Avenue lot) and a 9 feet (Santa Marina St. lot) of the proposed shared rear lot line. The amount of open space in the rear yard would not be reduced relative to existing conditions.

Planning Code Section 135 requires usable open space be provided for each dwelling structure within the  R Districts composed of an outdoor area designed for outdoor living, recreation or landscaping. The existing courtyard of approximately 251 square feet is shared by both dwelling structures and does not meet the minimum dimension requirements to be credited as usable open space. The newly created Cortland Avenue lot would not provide any usable open space. The existing open space would be located solely on the Santa Marina Street lot.

B. REGULAR CALENDAR

(MARY WOODS)

9. 2006.0666V: 35 BELVEDERE STREET, west side between Waller and Haight Streets; Lot 005 in Assessor's Block 1247, in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District. The lot is approximately 25 feet wide by 122 feet deep, containing approximately 3,000 square feet. The existing building is three stories over basement, and is authorized as a six-unit apartment building. A small portion of the building (approximately 4 feet deep by 8 feet wide) extends four feet into the required rear yard.

REAR YARD AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to construct a new three-story exterior staircase and deck at the rear of the existing building, which would extend seven feet into the required rear yard. A one-hour fire-rated wall would be constructed where the new stairs are, adjacent to the north property line.

Section 134 of the Planning Code requires the minimum rear yard depth to be 45 percent of the total depth of the lot which in this case would be approximately 55 feet. The proposed exterior staircase and deck (approximately 7 feet deep by 17 feet wide by 32 feet tall), including an approximately 32-foot high by 7-foot deep one-hour fire rated wall along the north property line, would be located entirely within the required rear yard. The rear yard would be approximately 44 feet as measured from the rear property line to the new deck and stairs.

Section 188 of the Planning Code prohibits the expansion, intensification or change in use of a non-complying structure. Because the existing building already encroaches into the required rear yard setback, it is considered a legal, non-complying structure. The proposed exterior staircase with decks is considered an expansion and intensification of a non-complying structure and therefore the project as proposed would be contrary to Section 188.

(SARA VELLVE)

10. 2005.0915V: 1245-1247 ANZA STREET, south side between 3^rd and 4^th Avenues; Lot 037A in Assessor's Block 1546, in an RH-2 (House, Three-Family) District and a 40-X Height and Bulk District.

rear yardAND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to construct a three-story horizontal addition on the east side of the existing three-story structure, into an undeveloped area currently used for off-street parking. The addition would be approximately 11 feet wide and 30 feet deep and would extend the building to the side and rear property lines. Open space for the two dwelling units would be relocated to the building's roof. The proposal would not reduce required off-street parking, and an existing 12-foot wide curb cut would be eliminated to provide more on-street parking.

Section 134 of the Planning Code requires a minimum rear yard depth of approximately 15 feet, measured from the rear property line. The proposed addition would extend to the rear property line.

Section 188 of the Planning Code prohibits the expansion of a noncomplying structure. Because the existing building is already built to the rear property line, it is considered a legal noncomplying structure. Therefore, the expansion is contrary to Section 188.

(SARA VELLVE)

11. 2006.0508V: 1024-1026 CLAYTON STREET, east side between Frederick and Ashbury Streets; Lot 043 in Assessor's Block 1269 in an RH-2 (House, Two-Family) District and a 40-X Height and Bulk District.

rear yardAND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to construct a new exterior stairway from the second floor of the garage to the garage roof, and a new firewall on the north side of the garage roof. The new stairs would be approximately 11 feet high with one landing. There is an existing set of stairs leading from grade to the second floor of the garage, and the overall height of the existing and proposed stairs would be approximately 22 feet from grade to the garage roof. The overall height of the firewall is approximately 3 feet 6 inches. The subject lot is a through lot containing a two-unit building fronting on Clayton Street and a garage fronting on Ashbury Street. Decks and stairs are located between the two buildings to provide access between the buildings on a sloping lot.

An approximately 10-foot deep portion of existing stairs and decks located between the dwellings and garage project into the required rear yard and require variances as well. This portion of the proposal was not previously subject of the variances.

Section 134 of the Planning Code requires a minimum rear yard depth of approximately 25 feet, measured from the rear property line. The proposed egress stair would extend to within approximately 20 feet of the rear property line, and the proposed firewall would extend to the rear property line.

Section 188 of the Planning Code prohibits the expansion of a noncomplying structure. As the existing garage and stair are already built within the required rear yard it is considered a legal noncomplying structure. Therefore, the expansion is contrary to Section 188.

NOTE: THIS CASE WAS ORIGINALLY HEARD ON JULY 26, 2006; HOWEVER, NOTIFICATION FOR THE HEARING WAS NOT POSTED AS REQUIRED. ALSO, AS NOTED ABOVE, THE EXISTING DECKS AND STAIRS CONSTRUCTED BETWEEN THE DWELLINGS AND THE GARAGE ARE SUBJECT TO THE VARIANCES AS WELL.

(SHAUNN MENDRIN)

12. 2006.0636V: 2901-2903 PIERCE STREET, northwest corner of Union and Pierce Streets; Lot 006 in Assessor's Block 0536, in an RH-2 (Residential, House, Two-Family) District with a 40-X Height and Bulk Designation.

REAR YARD VARIANCE SOUGHT: The proposal is to demolish the existing two-car one-story detached garage and to construct a new one-story horizontal addition approximately 26 feet deep and 26 feet wide at the rear of the existing two-family dwelling. The addition will accommodate a new two-car garage, roof deck and stairs leading from the roof deck to the rear yard (on the west side of the new structure).

Section 134(a) of the Planning Code requires a minimum rear yard of 49 feet. The addition will extend approximately 17 feet into the required rear yard, leaving a rear yard of approximately 21 feet.

(MICHAEL LI)

13. 2006.0362V: 368-372 LOMBARD STREET, north side between Grant Avenue and Kearny Street; Lot 007 in Assessor's Block 0061 within an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

MINIMUM LOT WIDTH, MINIMUM LOT AREA, REAR YARD, AND USABLE OPEN SPACE VARIANCES SOUGHT: The proposed project is the subdivision of an L-shaped lot into two smaller lots. One lot would front on Lombard Street, and the other lot would front on Julius Street. The subject lot is occupied by three separate buildings containing a total of five dwelling units. Following the proposed subdivision, the Lombard Street lot will contain two buildings with a total of three units, and the Julius Street lot will contain one building with a total of two units. This application is a minor modification of a previously approved variance application (Case No. 1992.416V) to subdivide the subject lot. The previous proposal was not followed through to completion.

Section 121(d)(2) of the Planning Code requires a minimum lot width of 25 feet. The proposed subdivision will create two lots, and the Julius Street lot will only be 20 feet wide.

Section 121(e) of the Planning Code requires a minimum lot area of 2,500 square feet. The Lombard Street lot will be approximately 2,210 square feet, and the Julius Street lot will be approximately 1,040 square feet.

Section 134 of the Planning Code requires a minimum rear yard depth of approximately 19' 5 for the Lombard Street lot and approximately 15 feet for the Julius Street lot, measured from the rear property lines. There are three existing buildings on the subject lot. The proposed subdivision would result in two new lots, each of which would have a building that occupies the required rear yard.

Section 135 of the Planning Code requires 300 square feet of private usable open space or 399 square feet of common usable open space for the three dwelling units on the proposed Lombard Street lot and 200 square feet of private usable open space or 266 square feet of common usable open space for the two dwelling units on the proposed Julius Street lot. All usable open space must meet certain minimum dimensions. The subject lot currently does not provide usable open space that meets the minimum dimensions. This deficiency would not change following the proposed subdivision

(MICHAEL LI)

14. 2006.0886V: 840-842 UNION STREET, north side between Mason and Taylor Streets; Lot 043 in Assessor's Block 0100 within the RM-1 (Residential, Mixed, Low Density) District and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposed project is the addition of new stairs at the rear of the building leading from the second floor to grade and a new Code-permitted deck (approximately 13 feet by 13 feet) on the western half of the lot.

Section 134 of the Planning Code requires a minimum rear yard depth of approximately 61 feet, 11 inches for the subject property, measured from the rear property line. The proposed stairs would encroach to within 14 feet of the rear property line.

(APRIL HESIK)

15. 2006.0464V: 38-42 HOTALING PLACE, east side between Jackson and Washington Streets, Lot 18 in Assessor's Block 196, within a C-2 (Community Business) District and a 65-A Height and Bulk District.

REAR YARD, EXPOSURE, AND OFF-STREET PARKING VARIANCES SOUGHT: The proposal is to convert the second and third floors of an existing three-story commercial building to two dwelling units. Commercial buildings do not require rear yards, but residential buildings do, thus triggering the need for a variance, since the building covers most of the lot.

Section 134 of the Planning Code requires a minimum rear yard depth of 15 feet in the northerly portion of the subject property and a minimum rear yard depth of approximately 31'-9 in the southerly portion of the subject property. The minimum rear yard is measured from the rear property line, beginning at the lowest level containing a dwelling unit. The building covers

the entire northerly portion of the lot and extends to within approximately 12 feet of the southerly portion of the lot at the first level proposed to contain a dwelling unit, thereby encroaching into the required rear yard. A rear yard variance of 15 feet for the northerly portion of the property and approximately 19'-9 for the southerly portion of the property is therefore required.

Section 140 of the Planning Code requires every dwelling unit in every use district to face either a public street; a public alley at least 25 feet in width; a rear yard meeting the requirements of the Planning Code; or an open area that is at least 25 feet in every horizontal dimension for the floor at which a dwelling unit is located and the floor immediately above it, with an increase in five feet in every horizontal dimension at each subsequent floor. The proposed dwelling units will not provide the required exposure because each will face only a public alley that is 21 feet in width and a noncomplying rear yard.

Section 151 of the Planning Code requires off-street parking for residential uses. One parking space is required for every dwelling unit. The subject property contains no existing off-street parking spaces. The project will not provide any off-street parking, leaving a deficiency of two parking spaces.

(KIMBERLY DURANDET)

16. 2006.0816V: 542 KANSAS STREET, west side of between 18^th and Mariposa Streets; Lot 10 in Assessor's Block 4010, in an RH-3 (Residential, House, Three-Family) District, and a 40-X Height and Bulk District.

PARKING AND REAR YARD VARIANCES SOUGHT: The project proposes a horizontal and vertical addition to a two story single-family dwelling adding a second dwelling unit and providing two tandem parking spaces.

Planning Code Section 151 requires one independently accessible off-street parking space for each dwelling unit. The project will have two dwelling units and two tandem off-street parking spaces.

Planning Code Section 134 requires a rear yard equal to 45% of the lot depth or 44 feet. The proposal extends the building envelope approximately 7 feet into the required rear yard, leaving 37 feet.

(JON PURVIS)

17. 2006.0840V: 1130 DE HARO STREET, west side between 22^nd and 23^rd Streets; Lot 024 in Assessor's Block 4159; in an RH-2 (Residential, House, Two-Family) Use District, and a 40-X Height and Bulk District.

OFF-STREET PARKING AND REAR YARD VARIANCESOUGHT: To legalize a ground floor dwelling unit without off-street parking, and to legalize an enclosed rear porch and stairs extending up to 14 feet into the required rear yard.

Section 151 of the Planning Code requires one off-street parking space to be provided for every dwelling unit. The existing single-family dwelling provides one space within the garage, but no space is provided for the proposed ground floor unit.

Section 134 of the Planning Code requires rear yard open space equal to 45 percent of the total lot depth, or 45 feet for the subject lot. The rear extension, formerly an open porch, was enclosed without a permit, rises 25 feet above grade and extends 12 feet beyond the rear building wall, and 14 feet into the rear yard open area.

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