July 23, 2014

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

Wednesday, July 23, 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

Accessibility, Language Assistance and Sunshine Ordinance

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. 2014.0632V: 2551 - 21ST AVENUE, Lot 011 in Assessor's Block 2422 in a RH-1(D)(Residential, House, One-Family, Detached) Zoning District and a 40-X Height and Bulk District. (THOMAS WANG)

SIDE YARD VARIANCE SOUGHT: The proposed work is to expand a bathroom on the second floor, which would occupy a portion of an existing light well along the north side lot line. The existing light well measures 3 feet 4 inches wide and 7 feet 8 inches long. The portion of the light well to be occupied by the second floor bathroom expansion would be 3 feet 4 inches wide and 5 feet long.

PER SECTION 133 OF THE PLANNING CODE, the subject lot is required to maintain a 3 feet side yard along the north side lot line. The subject lot currently contains no side yard along the north side lot line. The proposed expansion of the second floor bathroom to occupy a portion of the light well would encroach entirely into the required 3 feet side yard along the north side line.

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/2014.0632V.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.

2. 2014.0501V: 1961 GREEN STREET, Lot 024 in Assessor's Block 0555 in a RH-2 (Residential-House, Two-Family) Zoning District and a 40-X Height and Bulk District. (ALEXANDRA KIRBY)

REAR YARD VARIANCE SOUGHT: The proposal is to construct a one-story horizontal addition to infill a third-story light well on the noncomplying west facade of the subject building, extending approximately 3 feet into the required rear yard of a three-story, single-family house. The proposed horizontal addition would add approximately 16 square feet in floor area.

PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of 58 feet, 6 inches. Although the proposed addition would not reduce the existing depth of the rear yard, it would encroach approximately 3 feet into the required rear yard; 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/2014.0501V.pdf.

3. 2013.0083V: 270 BRIGHTON AVENUE, Lot 044 in Assessor's Block 6944 in Ocean Avenue NCT (Neighborhood Commercial Transit) Zoning District and a 45-X Height and Bulk District. (DOUG VU)

REAR YARD AND EXPOSURE VARIANCES SOUGHT: The proposal includes the construction of a 45' tall, approximately 29,016 sq. ft. mixed-use building on the vacant lot that will include approximately 3,600 sq. ft. of commercial space and parking at the ground floor, 28 dwelling units at the second through fourth floors, and an approximately 3,810 sq. ft. roof deck.

PER SECTION 134 OF THE PLANNING CODE the property is required to maintain a rear yard equal to 25 percent of the lot depth, or 18'-9". The proposal is to construct a building that will occupy the entire lot at grade level and provide a courtyard at levels 2 through 4; therefore, the proposal requires a rear yard modification.

PER SECTION 140 OF THE PLANNING CODE the windows of at least one room in each dwelling unit must face directly onto either a public street, public alley at least 25' in width, side yard at least 25' in width or a rear yard meeting the requirements of the Planning Code. The proposed dwelling units do not meet the exposure requirement; therefore, the project 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/2013.0083V.pdf.

4. 2013.1528V: 429 GRAND VIEW AVENUE, Lot 040 in Assessor's Block 2807 in a RM-1 (Residential- Mixed, Low Density) Zoning District and a 40-X Height and Bulk District. (DOUG VU)

REAR YARD VARIANCE SOUGHT: The proposal includes the construction of a horizontal and vertical addition to the existing nonconforming two-story, single-family dwelling. The proposed vertical addition would increase the height of the building that currently extends 3'-9" into the required rear yard and add one dwelling unit to the property.

PER SECTION 134 OF THE PLANNING CODE the property is required to maintain a rear yard equal to 45 percent of the lot depth, or 23'. The proposal is to construct a horizontal and vertical addition that would intensify the existing 19'-3" noncomplying rear yard at the third and fourth floors; therefore, the project 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/2013.1528V.pdf.

5. 2014.0267V: 1321 KEARNY STREET, Lot 007 in Assessor's Block 0115 in a RH-3 (Residential- House, Three Family) Zoning District and a 40-X Height and Bulk District. (KANISHKA BURNS)

LOT SIZE, REAR YARD AND OPEN SPACE VARIANCES SOUGHT: The proposal is to split a 20 foot wide by 80 foot deep lot, containing two structures into two lots. One lot (Lot A) fronting on Kearny Street will measure approximately 20 feet wide and 42 feet 2 inches deep and contain a three-story-over-basement structure with three dwelling units. The other lot (Lot B) fronting on Sonoma Street will measure approximately 20 feet wide and 37 feet and 10 inches deep and contain a three-story structure with two dwelling units.

SECTION 121 OF THE PLANNING CODE requires each lot have a minimum area of 2,500 square feet. The proposal would create two lots with a 20 foot frontage each and one lot measuring approximately 843 square feet (Lot A) and one measuring approximately 757 square feet (Lot B).

SECTION 134 OF THE PLANNING CODE requires a rear yard of no less than 15 feet on each lot. Lot A will have a rear yard of 3 feet and Lot B will not have a rear yard.

SECTION 135 OF THE PLANNING CODE requires each lot to provide 80 sq. ft. of private open space or 106.4 sq. ft. of common open space for each dwelling unit. Lot A is required to provide 319.2 square feet of common open space and would provide 170 square feet. Lot B is required to provide 212.8 square feet of common open space and would provide 152 square 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/2014.0267V.pdf.

6. 2014.0308V: 2430 HYDE STREET, Lot 009C in Assessor's Block 0048 in a RH-1 (D)(Residential- House, One Family- Detached) Zoning District and a 40-X Height and Bulk District. (KANISHKA BURNS)

REAR YARD VARIANCE SOUGHT: The subject two-story-over-garage, single-family dwelling is constructed to its rear property line. The proposal is an approximately 14-foot by 15-foot horizontal addition to the south side of the existing structure within the required rear yard at the subterranean garage level, first floor and second floor. The addition includes expansion of the building and a trellis.

SECTION 134 OF THE PLANNING CODE requires a minimum rear yard depth of 17'-6" measured from the rear property line. The proposed addition extends approximately 14' 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/2014.0308V.pdf.

7. 2013.1652V: 312 GREEN STREET, Lot 016 in Assessor's Block 0114 in a RM-1 (Residential- Mixed, Low Density) Zoning District and a 40-X Height and Bulk District.(KATE CONNER)

REAR YARD VARIANCE SOUGHT: The proposal is to construct a third floor and fourth floor addition to a two-story, single-family residence. The third story addition encroaches 10'‐6" into the 15'‐0" required rear yard. Included in the proposal are exterior stairs from the third story to the fourth story which also encroach into the required rear yard. The subject dwelling is currently noncomplying and occupies the full lot.

PLANNING CODE SECTION 134 requires 15 foot rear yard. The third story addition encroaches 10'‐6" into the 15'‐0" required setback. Exterior stairs from the third story to the fourth story are included in the proposal which also encroach into the 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/2013.1652V.pdf.

8. 2014.0335V: 367 OAK STREET, Lot 022 in Assessor's Block 0839 in a RTO (Residential Transit Oriented District) Zoning District and a 40-X Height and Bulk District.(KATE CONNER)

REAR YARD VARIANCE SOUGHT: The proposal is to construct a 320 square foot parking deck entirely within the required rear yard and over 36 inches above grade.

PLANNING CODE SECTION 134 requires a 48-foot rear yard and the proposed parking deck results in a 0-foot rear yard, thereby requiring 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/2014.0335V.pdf.

9. 2014.0072V: 534 VALLEY STREET, Lot 013 in Assessor's Block 6611 in an RH -1 (Residential House, One Family) Zoning District and a 40X Height and Bulk District.(MICHAEL SMITH)

STREET FRONTAGE VARIANCE SOUGHT: The proposal is to construct a one-story vertical addition and construct a one-story front addition that would extend the building to the front property line. The project also includes remodeling the building's front elevation in a modern vernacular.

SECTION 144 OF THE PLANNING CODE does not permit a street-facing garage structure or garage doors that extend closer to the street than a primary building facade. The proposed garage would extend approximately 12'-7" forward of the main building facade, therefore, the project requires a variance from the street frontage requirement.

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/2014.0072V.pdf.

10. 2014.0573V: 3450 - 21ST STREET, Lot 019A in Assessor's Block 3607 in a RH-2(Residential- House, Two Family) Zoning District and a 40-X Height and Bulk District.(MICHAEL SMITH)

REAR YARD VARIANCE SOUGHT: The proposal is to construct two dormers at the rear of the building, one on each side of the gabled roof. The new dormers would not increase the overall height or depth of the building.

Pursuant to SECTION 134 OF THE PLANNING CODE, in any case in which a rear yard requirement is reduced using the averaging method, the last 10 feet of building depth thus permitted shall be limited to a height of 30 feet. The proposed dormers extend above the prescribed 30 foot height and therefore the project requires a variance from the rear yard requirement.

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/2014.0573V.pdf.

11. 2014.0751V: 3200 HARRISON STREET, Lot 001 in Assessor's Block 5525 in a RH-2 (Residential- House, Two Family) Zoning District and a 40-X Height and Bulk District.(RICHARD SUCRE)

GARAGE DOOR WIDTH VARIANCE SOUGHT: The proposal includes construction of a one-story, vertical addition and two off-street parking spaces along Harrison Street. The useable floor area would be reduced from approximately 5,504 square feet to 5,111 square feet.

PER SECTION 242(e)(5) OF THE PLANNING CODE , the subject property is limited to a garage door of 12-feet wide. Currently, the project proposes a 14-ft wide garage door to accommodate a single entry into the two off-street parking spaces; therefore, the project 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/2014.0751V.pdf.

12. 2014.0352V: 2776 GREEN STREET, Lot 016 in Assessor's Block 0950 in a RH-2 (Residential-House, Two Family) Zoning District and a 40-X Height and Bulk District.(SHARON LAI)

REAR YARD VARIANCE SOUGHT: The project proposes to horizontally expand a noncomplying 4-story over basement, three-unit building and demolish and reconstruct non-complying decks located within the required rear yard. The project also proposes to reduce the number of dwellings from three to two units, under case no. 2014.0352D.

PER SECTION 134 OF THE PLANNING CODE, the subject property is required to maintain a rear yard of approximately 41 feet. The proposed horizontal expansions, deck replacements and chimney replacements are located within the required rear yard. The project proposes to regularize the envelope of the existing building and does not increase the overall depth of encroachment 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/2014.0352V.pdf.

13. 2014.0343V: 349-351 CHURCH STREET, Lot 042 in Assessor's Block 3557 in a RTO (Residential Transit Oriented District) Zoning District and a 40-X Height and Bulk District.(TINA CHANG)

REAR YARD VARIANCE SOUGHT: The project proposes to legalize existing decks and stairs at the 2nd and 3rd level within the required rear yard. The deck at the 3rd level will be reduced by 4' in width and will be 5' from the southern property line. A 1-hr fire wall (approximately 11'-2" in height) will be constructed at the northern property line of the 2nd level deck

PLANNING CODE SECTION 134 requires a rear yard of 56.25' feet for the subject property. As the existing house, decks and stairs are within the required rear yard, a variance is required for the legalization of the subject structures.

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/2014.0343V.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.