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, October 22, 2008, 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.

(SHELLEY PERDUE)

1. 2008.0807V: 371 6^TH AVENUE, on the west side between Clement Street and Geary Boulevard; Lot 015 in Assessor's Block 1438 in an NC-3 (Moderate-Scale Neighborhood Commercial) Zoning District and a 40-X Height and Bulk District.

Minimum Lot Size, Rear Yard, Dwelling Unit Exposure, and Parking Variances: The proposal is to subdivide the existing lot in order to provide separate lots for the existing one-story, single-family house at the front of the lot and the proposed three-story, single-family residence at the rear of the lot. (Please note that Building Permit Application No. 2007.1221.1173 and Variance Case No. 2007.1252V for rear yard and exposure variances have been approved for the proposed structure.)

Section 121 of the Planning Code requires that the minimum lot area for a lot shall be 2,500 square feet. The subject lot is 2,996 square feet in area. The proposal will produce a front lot of approximately 2011 square feet and one rear lot of approximately 989 square feet.

Section 134 of the Planning Code requires that the minimum depth of a rear yard be equal to 25 percent of the lot depth or 15 feet, whichever is greater. The required rear yard depth is 20 feet for the proposed front lot and 15 feet for the proposed rear lot. The proposed subdivision will create a rear yard depth of approximately 12.5 feet at the front lot and no rear yard at the rear lot.

Section 140of the Planning Code requires that an open area of no less than 25' in every horizontal dimension be maintained for the floor at which the dwelling unit in question is located and the floor immediately above it, with an increase of five feet in every horizontal dimension at each subsequent floor. The open area for the building on the rear lot will be 24.88 feet at all three floors.

Section 151 of the Planning Code requires one parking space per unit. The building on the proposed rear lot will have no on-site parking. The proposed front lot will contain two independently-accessible parking spaces and one space will be dedicated by easement for use by the rear lot.

(MICHAEL SMITH)

2. 2008.1059V: 222 CUMBERLAND STREET (a.k.a 740 Church Street), north side between Church and Sanchez Streets; Lot 110 in Assessor's Block 3600 in a RM-1 (Residential, Mixed, Low-Density) District and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to construct, on a vacant lot, an in ground pool partially surrounded by a one-story loggia and reconstruct the stucco fence at the property lines, increasing its height in the process. Though the subject lot would remain separate from lot 111, the proposed development would be accessory to the dwelling at 740 Church Street. The loggia would measure approximately 41-feet in depth, 63-feet in width, and extend approximately 12-feet above grade within the yard, making it minimally visible from the street, and have solar panels on its roof. The fence would extend approximately 13-feet above the sidewalk at its highest point and match the existing fence in finish.

Section 134 of the Planning Code requires that the subject property maintain a minimum rear yard that measures approximately 15-feet in depth, measured from the rear property line opposite the Cumberland Street frontage. The proposed loggia would extend to the rear property line, encroaching 15-feet into the required rear yard.

(ELIZABETH WATTY)

3. 2008.1058V: 23 TOPAZ WAY at the north side of Topaz Way; Lot 014 in Assessor's Block 7534 in an RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

Rear Yard and Noncomplying Structure Variances: The proposal is to construct a two-story spiral staircase at the rear of the single-family dwelling that will connect the lower balcony with the rear yard. The existing balconies are noncomplying and the proposed staircase addition increases the structure's degree of noncompliance.

Section 134 of the Planning Code requires that the Subject Property must maintain a rear yard of 40 feet. The proposed two story staircase will be located adjacent to the balconies, extending to within three-feet of the southeast side property line. It will encroach five feet into the required rear yard, extending no further than the existing balconies, bringing it within 35 feet of the rear property line.

Section 188 of the Planning Code prohibits the expansion of a noncomplying structure that increases the structure's degree of noncompliance. The subject building's rear balconies are noncomplying as they encroach five feet into the required rear yard. Expansion of the lower balcony to include the proposed staircase increases the structure's degree of noncompliance and thus requires a noncomplying structure variance.

(ANGELA HEITTER)

4. 2008.0575V: 198 Haight Street, a.k.a. McMorry-Lagan Building, Landmark No. 164, on

the northeast corner of Haight and Laguna Streets; Lot 034 in Assessor's Block 0852 in an RTO (Residential, Transit Oriented) Zoning District and a 40-X Height and Bulk District.

Rear Yard Variance: The proposed project is the addition of an elevator shaft and fire escape at the east façade of the building adjacent to the side property line. The proposed elevator addition will encroach into the required rear yard.

Section 134(a)(2) of the Planning Code requires properties within an RTO zoning district maintain a rear yard equal to 45% of the total depth of the lot, wherein the subject property requires a minimum of 54'. Rear yards shall be provided at grade level and at each succeeding level or story of the building. The proposed elevator addition will encroach into the rear yard by

approximately 5', thus the Project requires a modification of the rear yard requirement.

Section 188 of the Planning Code prohibits the expansion, intensification or change in use of a non-complying structure. Because the existing structure already encroaches into the required rear yard, it is considered a legal, non-complying structure. The proposal is considered to be an expansion and intensification of a non-complying structure.

(BRITTANY BENDIX)

5. 2008.0753V: 2531-2533 HARRISON STREET, on the east side of Harrison Street, between 21^st and 22^nd Streets; Lot 023 in Assessor's Block 4147 in an RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to construct a rear horizontal addition and to reconfigure the rear deck and stairwell, all within the required rear yard area.

Planning Code Section 134 requires the subject property to maintain a rear yard of approximately 35-feet. The subject property provides a rear yard of 34-feet at the 1^st and 2^nd stories of the dwelling. The rear yard at the 3^rd story is 36.5-feet. The proposal is to construct a rear horizontal addition of 2.5 feet at the 3^rd story so that it aligns with the stories below. This will result in a rear yard of 34-feet at all levels, with the 3^rd story now extending 1-foot into the rear yard.

The proposal also includes changes to the nonconforming rear stair and deck. The existing deck projects 6-feet from the 2^nd story rear building wall, resulting in a rear yard of 28-feet. The existing stair connecting the 2^nd and 3rd stories projects 13-feet from the rear building wall, resulting in a rear yard of 21-feet. Together, the deck and stair are 27-feet wide. The proposal will expand the depth of the deck by 3-feet and reduce the depth of the stair by 4-feet, so that both the deck and stair project only 9-feet from the rear building wall and leave a rear yard of 25-feet. Additionally, the proposal will diminish the width of the deck and stair so that together they are 22.5-feet wide and have 5-foot setback from the southern property line.

Planning Code Section 188 prohibits the intensification of any discrepancy of a nonconforming structure with the requirements of the Planning Code. The 3^rd story addition will increase the mass of the building beyond the permitted buildable envelope. The proposed deck and stair encroach into the rear yard 10-feet. Although, the stair is reduced in size, the deck will be expanded and thereby intensifies the structure's discrepancy from Section 134 of the Planning Code.

(EDGAR OROPEZA)

6. 2008.1056V: 2804-2806 21^ST STREET, north side, between Alabama and Florida Streets; Lot 015A in Assessor's lock 4085 in an RM-1 (Residential Mixed, Low-Density) District and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to demolish the existing 2-story rear egress stairs and associated structures and construct a new 2-story rear egress stair in a different configuration.

Section 134 of the Planning Code requires that all properties within the RM-1 District provide a rear yard equal to 45 percent of the total depth of the lot on which the building is situated, except to the extent that the adjacent building are deeper, and thus the rear yard may be reduced to that of the adjacent properties. In this case the required rear yard is equal to 25% of the lot depth of 18'-6 . The existing building already intrudes approximately 4'-6 into the required rear yard while the existing rear egress stairs abut the rear property line on the northeastern portion of the lot, leaving no rear yard. The proposed stair will be adjacent to the rear of the building leaving an increased rear yard of 11'-6 .

B. REGULAR CALENDAR

(CHRISTINE LAMORENA)

7. 2008.0977V: 1870 JACKSON STREET, on the north side between Gough and Franklin Streets, Lots 069-093 in Assessor's Block 0593 in an RM-3 [Residential Mixed (Apartments and House), Medium Density] Zoning District and a 105-D Height and Bulk District.

Rear Yard Variance: The proposal is to construct a deck with wood solid railings and windscreens at the roof of the 7-story, 26-unit building. The new deck would be approximately 29 feet wide by 15 feet deep, set back approximately 3 feet from the rear wall, 23 feet from the west property line and 21 feet from the east property line. The raised deck (approximately 2 feet at its highest level), railings (approximately 3 feet) and transparent windscreens (approximately 3 feet) would be a total of 8 feet in height.

Section 134 of the Planning Code requires the minimum rear yard depth to be 45 percent of the total depth of the lot or the average depth of the rear walls of adjacent buildings to a minimum of 25 percent of the lot depth, whichever is greater. The required rear yard for the subject property would be approximately 34 feet. The proposed deck would encroach approximately 16 feet into the required rear yard.

Section 188 of the Planning Code prohibits the enlargement or intensification of any non-complying structure. The existing 26-unit building currently encroaches into the required rear yard by approximately 20 feet and is considered a legal non-complying structure. Because the proposed overall height of the roof deck railing and windscreens exceeds the minimum height required by the Building Code by approximately 5 feet, the proposal therefore requires variances for rear yard and non-complying structure requirements.

(SHELLEY PERDUE)

8. 2008.1019V: 3299 BAKER STREET, on the west side between Bay and Francisco Streets; Lot 001 in Assessor's Block 0925 in an RH-1 (Residential, House, Single-Family) Zoning District and a 40-X Height and Bulk District.

Rear Yard and Non-Complying Structure Variance: The proposal is to construct an approximately 16' deep by 30' wide open-air trellis, railing, and an outdoor fireplace on the roof of the existing garage located in the rear (south) yard of the two-story single-family house. .

Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures approximately 23.5' in depth; however, the existing rear yard is approximately 6' in depth. The proposed addition will encroach approximately 17.5' into the required rear yard, but will not exceed the existing depth of the building.

Section 188 of the Planning Code prohibits the expansion of a non-complying structure. The existing building is considered a legal non-complying structure because portions of it already encroach into the required rear yard. Therefore, the proposed expansion would be contrary to Section 188.

(SHARON YOUNG)

9. 2008.0991V: 230 SEA CLIFF AVENUE, north side between Sea Cliff and 27^th Avenues, Lot 001N in Assessor's Block 1307 in an RH-1(D) [One-Family Detached Dwelling] Zoning District and a 40 X Height and Bulk District.

REAR YARD, SIDE YARD, AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to construct basement level horizontal extensions with terraces above that will extend into the required rear and side yards of the three-story, single-family dwelling. On the east side of the lot, the proposal will involve removing the existing 1^st floor terrace (approximately 35'6 wide by 8'6 deep) and replacing it with a new basement level horizontal extension (approximately 35'6 wide by 14'6 deep by 10'6 high) with a terrace above. The new horizontal extension with a terrace above will extend 6' further into the rear yard than the existing terrace. On the west side of the lot, the proposal will involve constructing a new basement level horizontal extension (approximately 11' wide by 22' deep by 12' high) with a terrace above. The proposal will also involve constructing new lateral exit stairs which will abut the west property line.

Section 133 of the Planning Code requires lots with a width of 50 feet or more to have two side yards each of 5 feet. On the west side of the lot, the proposed horizontal extension will extend into the required side yard approximately 1'6 , to align with the existing side building wall of the building.

Section 134 of the Planning Code requires a rear yard area in an RH-1(D) Zoning District to be equivalent to 25 percent of the total lot depth at grade level and at each succeeding story of the building. The subject property, with an average lot depth of 135', has a required rear yard of approximately 33'. The existing rear yard has variable depths ranging from approximately 22' to 45'. On the east side of the lot, the new horizontal extension will extend approximately 11'6' into the required rear yard. On the west side of the lot, the new horizontal extension will extend approximately 11' into the required rear yard.

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 expansions would be contrary to Section 188 of the Planning Code.

(DIEGO R. SANCHEZ)

10. 2008.1036V: 25 BARTLETT STREET, on the east side of Bartlett Street between 21^st and 22^nd Streets; Lot 066 in Assessor's Block 3616 in an RH-3 (Residential, House, Three-Family) Zoning District and a 50-X Height and Bulk District. Under the proposed Eastern Neighborhoods Program, the zoning for this site would change from RH-3 to RTO-Mission (Residential Transit Oriented - Mission).

Rear Yard Variance: The proposal is to enclose a portion of the fourth story rear deck, thus adding a bedroom, and to add a fifth story roof deck.

Section 134 of the Planning Code requires that when the rear yard requirement is reduced based on the conditions of adjacent lots that the last 10 feet of building depth permitted on the subject lot be limited to a height of 30 feet. The rear yard requirement was reduced based on the depth of the buildings on the adjacent lots and the proposed addition would be approximately 39 feet in height at the last 10 feet of permitted building depth.

(EDGAR OROPEZA)

11. 2008.1081V: 79 PUTNAM STREET, east side, between Cortland and Jarboe Avenue; Lot 023 in Assessor's Block 5688 in an RH-1 (Residential, House, One-Family) District, the Bernal Heights Special Use District and a 40-X Height and Bulk District.

Open Space and Parking Variances: The proposal is to remove the existing off-street parking space and convert the ground floor into a new dwelling unit specifically designed for and occupied by a senior citizen.

Section 135 of the Planning Code states that for dwellings specifically designed for an occupied by senior citizens or physically handicapped persons, as defined and regulated by Section 209.1(m., The minimum amount of usable open space provided for use by each dwelling unit shall be ½ the amount required for each dwelling unit. In this case the usable open space would be share or considered common for both dwelling units. Approximately 600 square feet of usable open space required. The existing rear yard provides 450 square feet of usable open space. No new usable open space is proposed.

Section 150 of the Planning Code states that once any off-street parking has been provided which wholly or partially meets the requirements of this Code, such off-street parking or loading space shall not thereafter be reduced, eliminated or made unusable in any manner. In this case the existing off-street parking should be removed and converted into a dwelling unit designed for and occupied by a senior citizen.

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