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, December 13, 2006, 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.

(SHARON YOUNG)

1. 2006.1336V: 2921 CALIFORNIA STREET, south side between Broderick and Baker Streets, Lot 029 in Assessor's Block 1029 in an RH-2 (House, Two-Family) Zoning District and a 40 X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to construct a rear deck with egress stairs (approximately 20 feet wide by 10 feet deep by 9.5 feet above grade), that will extend into the required rear yard of an existing three-story, single-family dwelling.

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 137.5 feet. The required rear yard of the subject property is approximately 34.5 feet. The proposed rear deck will extend approximately 4.5 feet into the required rear yard. The proposed egress stairs will extend approximately 11.5 feet into the required rear yard.

(MARY WOODS)

2. 2006.1290V: 34 SHORE VIEW AVENUE, north side between 36^th and 37^th Avenues; Lot 007 in Assessor's Block 1468, in an RH-1(D) (Residential, House, One-Family, Detached Dwelling) District and a 40-X Height and Bulk District. The subject lot is approximately 36 feet wide with a depth of approximately 128 feet.

SIDE YARD AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to expand five feet toward the street and enclose the entry porch (approximately 5 feet wide by 5 feet deep by 13 feet tall) on the east side of the single-family house, within the required side yard.

Section 133 of the Planning Code requires that a minimum of two side yards, each three feet in width, shall be provided for lots with a width of 31 feet or more but less than 40 feet. The existing lot provides two 5-foot wide side yards. Because the existing entry porch is already entirely within the east side yard, the proposed enclosure would occur within the required side yard.

Section 188 of the Planning Code prohibits the expansion, intensification or change in use of a non-complying structure. Because the existing building entry porch already encroaches into the required side yard setback, it is considered a legal, non-complying structure. The proposed enclosure, occupying the same footprint, is considered an expansion of a non-complying structure and therefore the project as proposed would be contrary to Section 188.

(ELAINE TOPE)

3. 2006.1103V: 415 39^TH AVENUE, west side between Clement Street and Geary Boulevard. Lot 001B in Assessor's Block 1471, in an RH-1(D) (Residential, House, One-Family Detached Dwelling), District and a 40-X Height and Bulk District.

REAR YARD AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT: The one-story-over-garage subject building contains one dwelling unit. The proposal is to add a second story by constructing an approximately 25 foot wide by approximately 33-foot deep vertical addition and open rear stairs leading from the new second story to the rear yard. The vertical addition, which is within the existing building footprint, is setback approximately 15 feet from the front façade of the existing building.

Section 134 of the Planning Code requires that the rear yard in an RH-1(D) District shall be 25 percent of the lot depth, but in no case less than 15 feet. The required rear yard depth for the approximately 90-foot deep subject lot is approximately 23 feet. The existing building is legally non-complying, since it extends to within approximately 22 feet of the rear property line, encroaching into the required rear yard by approximately one foot. The proposed vertical

addition extends approximately one foot into the required rear yard. The proposed stairs encroach approximately 14 feet into the required rear yard and are within approximately 9 feet of the rear property line. Thus the project would require a rear yard variance.

Section 188 of the Planning Code prohibits the expansion, intensification or change in use of a non-complying structure. The existing subject building encroaches approximately one foot into the required rear yard; therefore the subject building is considered a legal non-complying structure. The expansion of the non-complying structure through the vertical addition and the exterior stairs would be contrary to Section 188.

(SOPHIE MIDDLEBROOK)

4. 2006.1229V: 2245 LINCOLN WAY, on the south side of Lincoln Way, between 23^rd and 24^th Avenues; Lot 044 in Assessor's Block 1727 in an RH-3 (Residential, House, Three-Family) and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to rebuild and reconfigure an existing 2-story rear addition, as well as to rebuild an existing deck at the ground floor and to add a deck to the second story at the rear of the building. The 2-story rear addition is permitted under the Planning Code, and will be noticed separately when a building permit is submitted. The proposed rear deck at the ground level is 210 square feet, and extends approximately 12' into the required 35' rear yard. The proposed deck at the second story measures approximately 270 square feet, and extends approximately 10' into the 35' required rear yard. There will be a 6' high privacy screen on the south edge of the second story of the proposed deck.

Section 134(a)(2)(c)(4)(B) of the Planning Code requires a rear yard of 35', which is the length of the rear yard of the adjacent building fronting on Lincoln Way.

Section 188 of the Planning Code allows a non-complying structure to be altered, providing that there is no increased discrepancy between existing conditions and the required standards of the Planning Code. The existing rear deck at ground level is approximately 110 square feet. The proposed rear deck will total 210 square feet and extend 10' into the required rear yard.

(SOPHIE MIDDLEBROOK)

5. 2006.1353V: 572 EUREKA STREET, on the west side of Eureka Street, between 22^nd and 23^rd Streets; Lot 010 in Assessor's Block 2773 in an RH-2 (Residential, House, Two-Family) and a 40-X Height and Bulk District.

FRONT SETBACK VARIANCE SOUGHT: The proposal is to rebuild and enlarge an existing 5' fence along Eureka Street, which is set back 1' from the front property line. The proposed new fence would be in the same location as the existing fence, and would measure 8' in height. Both the existing fence and the proposed rebuilt fence encroach 11'6 in property's required front setback. Under Planning Code Section 136, either a 3' solid fence or a 6' fence that is 75% open would be permitted without a Variance.

Section 132 of the Planning Code requires that the subject property maintain a front setback of 12'6 , based on the average of the setbacks of the two adjacent properties. The existing fence is set back 1' from the property line, and the proposed fence would also be set back 1' from the property line.

Section 188 of the Planning Code allows a non-complying structure to be altered, providing that there is no increased discrepancy between existing conditions and the required standards of the Planning Code. The existing 5' high fence constitutes a non-complying structure within the required front setback, and the proposed rebuilt fence would increase the height.

(KIMBERLY DURANDET)

6. 2006.1207V: 170 PARK STREET, south side between Holly Park Circle and Leese; Lot 052 in Assessor's Block 5720, in an RH-2 (Residential, Two-Family) Bernal Heights Special Use District with a 40X Height and Bulk Designation.

PARKING VARIANCE SOUGHT: The project proposes a two-story rear horizontal addition to a single-family dwelling. The proposal would include adding approximately 950 square feet providing only one of the two required parking spaces.

Planning Code Section 242(e)(4)(b) Bernal Heights Special Use District requires additions over 200 square feet to comply with parking standards for new construction. For the subject dwelling, two (2) parking spaces would be required.

(ERIKA JACKSON)

7. 2006.1153V: 1155-1157 TREAT AVENUE & 54 BALMY STREET, west side, between 24^th and 25^th Streets; Lot 031 in Assessor's Block 6522; in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

LOT AREA, REAR YARD, USABLE OPEN SPACE VARIANCES SOUGHT: The proposal is to subdivide an existing 2,809 square foot through-lot into two separate lots, each with frontage on only one right-of-way. The proposed lot along Treat Avenue would be approximately 45 feet deep while the proposed lot along Balmy Street would be approximately 67 feet deep.

LOT AREA VARIANCE: Planning Code Section 121(e)(2) requires that all properties in the RH-2 Zoning District contain no less than 2,500 square feet of lot area. The Treat Avenue lot is approximately 1,675 square feet, and the Balmy Street lot is approximately 1,125 square feet.

REAR YARD VARIANCE: Planning Code Section 134(c) requires a minimum required rear yard shall 45% of the lot depth or the average depth of the two adjacent lot, but in no case shall be less than 25% of the lot depth or 15 feet, whichever is greater. The required rear yard for the Treat Avenue lot is approximately 17 feet from the shared rear property line where only 9 feet is provided. The required rear yard for the Balmy Street lot is approximately 20 feet from the shared rear property line where only 9 feet is provided.

USABLE OPEN SPACE VARIANCE is required (1) for the proposed Treat Avenue lot because Planning Code Section 135 requires that a total of no less than 333 square feet or common usable open space be provided for the two existing dwelling units in accordance with the standards of Planning Code Section 135(g), and (2) for the proposed Balmy Street lot because Planning Code Section 135 requires that no less than 125 square feet of private usable open space be provided for a single dwelling unit in accordance with the standards in Code Section 135(f). Both lots would provide 225 square feet of usable open space with the dimensions of 9 feet by 25 feet. The 9 foot dimension would not meet the 10 foot minimum for private usable open space or the 15 foot minimum for common usable open space. Therefore, both lots would not provide any eligible usable open space.

B. REGULAR CALENDAR

(CECILIA JAROSLAWSKY)

8. 2006.1268V: 2718 SAN JOSE AVENUE, north side, between Farallones and Broad Streets; Lot 3 in Assessor's Block 7108 in an RH-1 (House, One-Family) and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to construct an 11-foot wide by 21-foot deep, detached garage on a through-lot fronting on San Jose Avenue with rear access from Farallones Street. The garage would be within the required rear yard of the lot, abutting the rear property line to the north and side property line to the east. The existing curb cut along San Jose Avenue would be removed and vehicle access to the site would be from Farallones Street only.

Section 134 of the Planning Code requires a minimum rear yard of 25 feet, where zero has been proposed; therefore, the construction of the rear, detached garage would be contrary to Section 134 and would require a Variance.

(BEN FU)

9. 2006.1057V: 307 BOCANA STREET, east side, between Cortland and Ellert Avenues; Lot 014 in Assessor's Block 5677, in an RH-2 (Residential, House – Two-Family) District and the Bernal Heights Special Use District with a 40-X Height and Bulk Designation.

OFF-STREET PARKING AND FRONT SETBACK SOUGHT: The project proposes to legalize the enclosure of the existing entry porch constructed without permit and to construct a new partial top story.

Planning Code Section 132 requires that in RH-2 Districts, any new construction/addition on the subject property shall be setback to the average of the two adjacent front setbacks.

The subject property has a required front setback of approximately 10'-0 . The proposed new top story would be flush with the existing front building wall, which has a setback of approximately 6'-6 . The existing 11'-0 wide enclosed entry porch extends from the building wall to the front property line.

Planning Code Section 188 prohibits intensification or increase in any discrepancy at any level of a non-complying structure. The existing building is a non-complying structure in terms of front setback, with an existing front setback of approximately 6'-6 . The proposed addition enlarges the existing non-complying building envelope.

Planning Code Section 242(e)(4) sets forth the parking standards for new construction and alterations. Four off-street parking spaces are required for construction that results in usable floor area between 2,851 to 3,850 square feet. The total usable floor area proposed with the addition would be approximately 3,000 square feet. One independently accessible parking space and one tandem space exist. No additional parking is proposed.

(EDGAR OROPEZA)

10. 2006.0967V: 84 PUTNAM STREET, Lot 017 in Assessor's Block 5687, a lot on the west side of Putnam Street between Jarboe and Cortland Avenue in an RH-1 (House, One- Family) District, the Bernal Heights Special Use District and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The project proposes to legalize the egress stair built without benefit of a permit connecting a new third story deck to the existing legal nonconforming second story deck.

Planning Code Section 242(e)(2)(A) requires the subject building be not deeper than 45.5 feet measured from the front property line. The rear yard requirement is 24.5 feet. The existing stair intrudes 6 feet into the required rear yard. The remaining rear yard will remain the same depth.

(EDGAR OROPEZA)

11. 2006.0964V: 1033 DE HARO STREET, Lot 059 in Assessor's Block 4160, a lot on the east side of De Haro Street between 22^nd and 23^rd Streets in the RH-2 (Residential House, Two Family) Zoning District, and a 40-X Height and Bulk District.

OPEN SPACE AND PARKING VARIANCE SOUGHT: The project proposes the addition of a new dwelling unit to the existing single-family house. No new off-street parking or open space is proposed.

Planning Code Section 135 requires usable open space be provided for each dwelling unit within the  R Districts composed of an outdoor area designed for outdoor living, recreation or landscaping. The existing courtyard of approximately 470 square feet is proposed to be shared by both dwelling units and does not meet the minimum dimension requirements to be credited as usable open space.

Planning Code Section 151 requires the addition of one (1) new off-street parking space for each new dwelling unit. Thus the proposed project results in a requirement for one (1) new off-street parking space. No new off-street parking is proposed.

(KIMBERLY DURANDET)

12. 2006.1058V: 1018 PENNSYLVANIA STREET, west side, between 23^rd and 25^th Streets; Lot 007 in Assessor's Block 4224, in an RH-2 (Residential, Two-Family) District with a 40-X Height and Bulk Designation.

FRONT SETBACK VARIANCE SOUGHT: The proposal is to legalize the construction of a security fence approximately seven to ten feet high in the front setback.

Planning Code Section 136 requires that solid fences constructed in the front setback be no more than three feet high.

(JON PURVIS)

13. 2005.0634V: 275 10TH STREET, east side north of Folsom Street, and through to Dore Street; Lots 014, 017, and 029 in Assessor's Block 3518; in an SLR (Service/Light Industrial) Mixed-Use District, a 50-X Height and Bulk District, and within the Housing/Mixed-Use Overlay District per Planning Commission Resolution No. 16202.

REAR YARD MODIFICATION SOUGHT: The proposal is to demolish three buildings at the site, including 275 10^th St, 1350 Folsom St, and 64-72 Dore St, and construct a five-story, mixed-use building with 134 single-room occupancy (SRO) dwellings for the homeless, with 3,460 sq ft of on-site support services, 1,600 sq ft of community space, and 2,510 sq ft of retail fronting on Folsom Street. The rear yard open space would be provided in three courts, subject of the granting of a rear yard modification.

Section 134(a) of the Planning Code requires a rear yard equal to 15 feet of the lot provided at the lowest story containing a dwelling unit, for a maximum rear yard of 2,625 square feet at the rear of the subject lot. The project would provide approximately 5,000 square feet of open space within three separate courtyards.

Section 134(e) allows for modification of the above requirements in South of Market Mixed-Use Districts pursuant to the procedures applicable to variances.

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