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City and County of San Francisco

Notice of Hearing on Application For Zoning Variance
CITY HALL - Room 408, 1 Dr. Carlton B. Goodlett Place

Wednesday, May 28, 2014

Public Hearing - Session Begins at 9:30 A.M

Scott F. Sanchez, Zoning Administrator
Eva Atijera-Taylor, Recording Secretary

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. Any remaining questions concerning this application review process may be answered by the Planning Information Center at (415) 558-6377. Variance Calendars and Audio Recording of the Hearing are available on the Internet at http://www.sfplanning.org

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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.

1. 2012.1325V: 580 CAPP STREET, Lot 051 in Assessor's Block 3610 in a RTO-Mission (Residential Transit Oriented-Mission) Zoning District and a 55-X Height and Bulk District. (Danielle Harris)

FRONT SETBACK, REAR YARD, OPEN SPACE, AND EXPOSURE VARIANCES SOUGHT: The proposal is to construct an accessory recreation building in the rear yard, expand the front entrance, and alter the interior to accommodate 6 new dwelling units. The lot currently hosts an eight-story, affordable, senior housing facility.

PER SECTION 132 OF THE PLANNING CODE the subject property is required to maintain a front setback of approximately 10 feet. The proposed front entry expansion would encroach 10 feet into the required front setback to the front property line.

PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of approximately 36 feet. The proposed accessory building would encroach approximately 21 feet 4 inches into the required rear yard.

PER SECTION 135 OF THE PLANNING CODE the new dwelling units are required to provide approximately 66.5 square feet of useable open space for each unit. The project does not provide adequate amount of useable open space for the proposed dwelling units.

PER SECTION 140 OF THE PLANNING CODE, new dwelling units are to directly face an open area of at least 25 feet. Three of the new units face an space of approximately 24 feet.

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2012.1325V.pdf.

2. 2014.0001V: 2881 MISSION STREET, Lot 022 in Assessor's Block 6517 in a Mission St NCT Mission Street Neighborhood Commercial Transit) Zoning District and a 40-X/80-B Height and Bulk District. (ERIKA JACKSON)


REAR YARD VARIANCE SOUGHT: The proposal is to add two dwelling units on the second floor within the existing building envelope of a mixed use building. The existing building contains a bakery on the ground floor; office area and an accessory break room on the second floor, and two residential units on the third floor.

PER SECTION 134(a)(1) OF THE PLANNING CODE the subject property is required to maintain a rear yard that is 25 percent of lot depth in NC Districts. In the Mission Street NCT Zoning District, rear yards shall be provided at the lowest story containing a dwelling unit, and at each succeeding level or story of the building. The addition of dwelling units on a floor that provides no rear yard will require the approval of a rear yard variance.

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2014.0001V.pdf.

B. REGULAR 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.

3. 2013.0423V: 520 EL CAMINO DEL MAR, Lot 013 in Assessor's Block 1308 in a RH-1(D)(Residential- House, One Family- Detached) Zoning District and a 40-X Height and Bulk District. (GLENN CABREROS)

REAR YARD AND SIDE YARD VARIANCES SOUGHT: The project proposes to raise the existing building 2 feet to allow for two basement levels below the two-story, single-family house. A two-story rear addition which includes a one-story garage structure along the rear property line is proposed as part of the project.

PLANNING CODE SECTION 133 requires two 5-foot side yards for the subject lot. Along the west side property line, the existing building encroaches approximately one foot into the required side yard and is a legal noncomplying structure. The western wall of the project proposes to be aligned with the existing western facade and therefore the project would encroach into the required side yard by approximately one foot.

PLANNING CODE SECTION 134 requires a rear yard depth equal to 25 percent of the total lot depth. The required rear yard for the subject lot is approximately 36 feet. The proposed garage structure is proposed to encroach 22 feet into the required rear yard.

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2013.0423V.pdf.

4. 2013.0554V: 2150 BUSH STREET & 51 WILMOT STREET, Lot 012 in Assessor's Block 0660 in a RH-2 (Residential- House, Two Family) Zoning District and a 40-X Height and Bulk District. (GLENN CABREROS)

MINIMUM LOT AREA AND REAR YARD VARIANCES SOUGHT: The project proposes a lot subdivision and alterations to both existing buildings on the subject through lot. A three-story side horizontal addition is proposed to the three-story, single-family house fronting Bush Street. A one-story vertical addition and three-story horizontal addition is proposed to the two-story, single-family house fronting Wilmot Street. The lot subdivision would result in two lots, one fronting Bush Street and one fronting Wilmot Street, with one building on each lot.

PLANNING CODE SECTION 121 requires a minimum lot size of 2,500 square feet. The proposed area for the lot fronting Wilmot Street is approximately 1,150 square feet (25' wide x 46' deep). The proposed area for the lot fronting Bush Street is approximately 2,050 square feet (25' wide x 82 feet deep).

PLANNING CODE SECTION 134 requires each lot to have a rear yard depth equal to 45 percent of the lot depth. Both existing buildings are legal noncomplying structures with 3 feet of separation between their main rear walls. As the proposed alterations are within the required rear yards of each proposed new lot, rear yard variances are sought.

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2013.0554V.pdf.

5. 2013.1734V: 319 LAIDLEY STREET, Lot 001A in Assessor's Block 6695 in a RH-1 (Residential- House, One Family) Zoning District and a 40-X Height and Bulk District. (TINA CHANG)

REAR YARD VARIANCE SOUGHT: The proposal is to construct an exterior spiral stair case to extend into the required 15’ setback at the rear.

PLANNING CODE SECTION 134 requires a 15' rear yard for the subject property. The building has an existing rear yard of 15'. The project proposes to demolish a portion of the existing deck to provide head room for the spiral stair case intended to connect the 2nd level (main living level) to the first at the building's rear. The subject stair case will project approximately 2' into the required rear yard.

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2013.1734V.pdf.

6. 2013.1534V: 1420 PAGE STREET, Lot 008A in Assessor's Block 1222 in a RH-3 (Residential-House, Three Family) Zoning District and a 40-X Height and Bulk District. (ALEXANDRA KIRBY)

FRONT SETBACK AND REAR YARD VARIANCES SOUGHT: The proposal is to re-construct two existing nonconforming decks on the east side of the two-story-over-garage, two-unit building.

PER SECTION 132 OF THE PLANNING CODE the required front setback of the property is 7’6”. The proposed decks would encroach into the required setback by approximately 7 feet; therefore, the project requires a variance from the front setback requirement (Section 132) of the Planning Code.

PER SECTION 134 OF THE PLANNING CODE the required rear yard for the property is 15’. The proposed decks would encroach into the required rear yard by 1’6”; therefore, the project requires a variance from the rear yard requirement (Section 134) of the Planning Code.

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2013.1534V.pdf.

7. 2014.0014V: 1352 SANCHEZ STREET, Lot 043 in Assessor's Block 6580 in a RH-2 (Residential-House, Two Family) Zoning District and a 40-X Height and Bulk District. (DOUG VU)

REAR YARD VARIANCE SOUGHT: The proposal includes the construction of an approximately 400 square foot roof deck above the existing garage of the noncomplying two-story, two-family dwelling.

PER SECTION 134 OF THE PLANNING CODE, the property is required to maintain a rear yard equal to 30 feet 7 inches using the method of averaging; therefore, the proposal to construct a roof deck with solid walls that is entirely within in the rear yard above the noncomplying structure requires a variance.

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2014.0014V.pdf.

8. 2013.1410V: 200 BRIGHT STREET, Lot 025 in Assessor's Block 7091 in a NC-1 (Neighborhood Commercial, Cluster) Zoning District and a 40-X Height and Bulk District. (JESSICA LOOK)

REAR YARD VARIANCE SOUGHT: The proposal is to convert an existing ground floor commercial space to a residential unit in a two-story, mixed-use building (one dwelling unit above ground floor commercial). Due to this conversion, a variance is required for rear yard due to a pre-existing garage and storage structure in the required rear yard.

PER SECTION 134 OF THE PLANNING CODE, the property is required to maintain a rear yard of approximately 25 feet. Currently, a 1-story storage and garage is in the rear yard, thus the proposal to adding an additional dwelling unit will require a variance from the rear yard requirements.

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2013.1410V.pdf.

9. 2014.0219V: 1045 SCOTT STREET, Lot 003 in Assessor's Block 1154 in a RH-3 (Residential- House, Three Family) Zoning District and a 40-X Height and Bulk District. (LAURA AJELLO)

REAR YARD VARIANCE SOUGHT: The proposal is to replace in kind a non-conforming second story deck and stair located at the rear of a three-unit building. The existing building extends into the required rear yard and the deck will extend into the last 25% of the lot. The deck serves as the entrance and private open space to one of the dwelling units.

SECTION 134 OF THE PLANNING CODE requires that the minimum rear yard depth in an RH-3 Zoning District is equal to 45 percent of the lot depth or the average of qualifying adjacent rear building walls, but in no case less than 25 percent or 15 feet (whichever is greater). The proposed rear deck addition would extend to within approximately 9’-4” of the rear property line when the Planning Code requires approximately 40’-6” (45% of lot depth).

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2014.0219V.pdf.

10. 2013.1719V: 70 WOODACRE DRIVE, Lot 018 in Assessor's Block 7225 in a RH-1 (D)(Residential-House, One Family- Detached) Zoning District and a 40-X Height and Bulk District. (MARCELLE BOUDREAUX)

REAR YARD AND SIDE YARD VARIANCES SOUGHT: The proposal involves façade alterations, including new stucco garden wall and decorative fencing, architectural details, new fenestration, and bow windows requiring some square footage addition (approximately 50 sf) at the front and side of the house. A rear, second-story is proposed to enclose an existing roof deck (approximately 43 sf). Work is also proposed to fill-in a small area in the rear ground-floor kitchen (approximately 16 sf).

PLANNING CODE SECTION 134 requires a rear yard of 15 feet for the subject property. The existing rear yard depth is 10 feet 11 inches. Work proposed to enclose the rear second level roof deck is completely situated in the required rear yard and therefore requires a variance.

PLANNING CODE SECTION 133 requires two side yards each of four feet each. At the north side of the lot, the existing side yard is 3 feet 1 inch. Proposed work to enclose the rear second level roof deck projects approximately nine inches into this required side yard. The proposed bow window addition above the garage is also projecting approximately nine inches into this required side yard. Both elements require a variance.

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2013.1719V.pdf.

11. 2013.1743V: 2636 VALLEJO STREET, Lot 008 in Assessor's Block 0953 in a RH-1 (D) (Residential- House, One Family-Detached) Zoning District and a 40-X Height and Bulk District. (SHARON LAI)

SIDE YARD VARIANCE SOUGHT: The project proposes to construction a one-story horizontal rear addition under an existing deck and new dormers that are partially located within the required west side yard of the single-family home.

PLANNING CODE SECTION 133 requires the subject property to maintain two, 4-foot side yards. The proposed dormers will encroach approximately 1 foot, 6 inches into the required west side yard and the horizontal expansion will encroach approximately 2 feet into the required west side yard, therefore the project requires a side yard variance.

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2013.1743V.pdf.

12. 2014.0126V: 1432 GROVE STREET, Lot 012 in Assessor's Block 1183 in a RM-1 (Residential- Mixed, Low Density) Zoning District and a 40-X Height and Bulk District. (SHARON LAI)

NON-COMPLYING STRUCTURE AND REAR YARD VARIANCES SOUGHT: The project proposes to convert an existing non-complying shed structure located within the required rear yard into habitable space.

PLANNING CODE SECTION 134 requires a rear yard of approximately 34 feet 6 inches for the subject property. The shed proposed for conversion to habitable space is located entirely within the required rear yard.

PLANNING CODE SECTION 188 does not allow intensification of a noncomplying structure. The subject property is required to maintain a rear yard of approximately 34 feet, 6 inches. The existing shed structure (approximately 16 feet deep, 25 feet wide, and 15 feet, 6 inches tall to the peak) is located entirely within the required rear yard and is therefore a non-complying structure. The change of use of the structure to habitable space constitutes an intensification of the non-complying structure and is therefore subject to a non-complying structure variance.

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2014.0157V.pdf.

13. 2013.1733V: 119 PERALTA AVENUE, Lot 056 in Assessor's Block 5529 in a RH-2(Residential- House, Two Family) Zoning District and a 40-X Height and Bulk District. (ERIKA JACKSON)

REAR YARD VARIANCE SOUGHT: The proposal is to construct an approximately 180 square foot rear addition to the lower unit of an existing two unit building. The addition would be partially subterranean. Usable open space that meets the requirements of the Planning Code for the unit would remain on the front deck.

PER SECTION 242(e)(2)(B) OF THE PLANNING CODE the subject property is required to maintain a rear yard 45 percent of lot depth, which is 31’-6”. The existing rear yard is 28’-3”, including the at-grade rear yard area (18’-3”) and a partially subterranean patio area (10’-0”). The proposed rear addition would encroach approximately 10 feet into the required rear yard and would result in a rear yard of 18’-3”; therefore, the project requires a variance from the rear yard requirement of the Planning Code.

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2013.1733V.pdf.

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

Hearing Procedures

The Zoning Administrator typically holds Variance Hearings on the 4th Wednesday of each month at 9:30 a.m., at the San Francisco City Hall, Room 408. City Hall is located at One Dr. Carlton B. Goodlett Place, San Francisco, CA 94102. Hearings are open to the public.

At the hearing, the Project Sponsor (Variance Applicant) will be given 5 minutes to present their case, including relevant testimony and evidence. The hearing room is equipped with a projector that can display photographs, architectural plans or other drawings and images. Members of the public will be given 3 minutes each to speak on the item. If a member of the public speaks against an item, the Project Sponsor will be given a 3 minute rebuttal.

Persons attending a hearing may comment on any scheduled item. When speaking, please note that a timer is displayed for each speaker and indicates how much time remains. Speakers will hear a loud sound indicating that the speaker's opportunity to address the Zoning Administrator has ended.

Please note that some items may appear on the Consent Calendar. These items are considered routine and may be granted by the Zoning Administrator. There is no separate discussion of consent items unless the Zoning Administrator, member of the public or staff so requests, in which event the matter is removed from the Consent Calendar and will be moved to the Regular Calendar in the Agenda.

In addition, the Zoning Administrator may consider a request for continuance to a later date. He may choose to continue the item to the date proposed, to continue the item to another date, or to hear the item on this calendar.

After all of the testimonies are submitted, the Zoning Administrator will consider the evidence, deliberate, and either make a decision, take the matter under advisement, or continue the matter in order for additional information to be presented.

Each hearing ends with general public comment, at which time members of the public may address the Zoning Administrator for up to 3 minutes 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 during the meeting.

All Agenda of Variance Hearings and its Audio Recording (from June 2010 to present) are available on our website for access.

Sound-Producing Devices Prohibited

The ringing of and use of mobile phones and other sound-producing electronic devices are prohibited at this meeting. Please be advised that the Zoning Administrator may order the removal of any person(s) responsible for the ringing or use of a mobile phone, pager, or other similar sound-producing electronic devices (67A.1 Sunshine Ordinance: Prohibiting the use of cell phones, pagers and similar sound-producing electronic devices at and during public meetings).

Decision Letter and Appeal Process

No decision is final until a Variance Decision Letter is issued. Due to current backlogs, decision letters may take up to 2 months to complete from the date of the hearing. The Zoning Administrator's action to grant or deny a variance application may be appealed to the Board of Appeals within 10 days of the date of the Decision Letter. For more information on how to file an appeal, please contact the Board of Appeals in person at 1650 Mission Street, Suite 304, call (415) 575-6880, or visit the San Francisco Board of Appeals website.

Protest of Fee or Exaction

You may protest any fee or exaction subject to Government Code Section 66000 imposed as a condition of approval in accordance with Government Code Section 66020. The protest must satisfy the requirements of Government Code Section 66020(a) and must be filed within 90 days of the date of the first approval or conditional approval of the development referencing the challenged fee or exaction. For purposes of Government Code Section 66020, the date of imposition of the fee shall be the date of the earliest discretionary approval by the City of the subject development.

The Zoning Administrator's approval or conditional approval of the development subject to the challenged fee or exaction as expressed in its Motion, Resolution, or Discretionary Review Action or the Zoning Administrator's Variance Decision Letter will serve as Notice that the 90-day protest period under Government Code Section 66020 has begun.

Challenges

Pursuant to Government Code Section 65009, if you challenge, in court, (1) the adoption or amendment of a general plan, (2) the adoption or amendment of a zoning ordinance, (3) the adoption or amendment of any regulation attached to a specific plan, (4) the adoption, amendment or modification of a development agreement, or (5) the approval of a variance, conditional-use authorization, or any permit, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Zoning Administrator or Planning Commission, at, or prior to, the public hearing.

CEQA Appeal Rights under Chapter 31 of the San Francisco Administrative Code

If the Zoning Administrator’s or Commission’s action on a project constitutes the Approval Action for that project (as defined in S.F. Administrative Code Chapter 31, as amended, Board of Supervisors Ordinance Number 161-13), then the CEQA determination prepared in support of that Approval Action is thereafter subject to appeal within the time frame specified in S.F. Administrative Code Section 31.16. This appeal is separate from and in addition to an appeal of an action on a project. Typically, an appeal must be filed within 30 calendar days of the Approval Action for a project that has received an exemption or negative declaration pursuant to CEQA. For information on filing an appeal under Chapter 31, contact the Clerk of the Board of Supervisors at City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102, or call (415) 554-5184. If the Department’s Environmental Review Officer has deemed a project to be exempt from further environmental review, an exemption determination has been prepared and can be obtained on-line at http://www.sf-planning.org/index.aspx?page=3447. Under CEQA, in a later court challenge, a litigant may be limited to raising only those issues previously raised at a hearing on the project or in written correspondence delivered to the Board of Supervisors, Planning Commission, Planning Department or other City board, commission or department at, or prior to, such hearing, or as part of the appeal hearing process on the CEQA decision.

 
Last updated: 5/16/2014 3:54:40 PM