Letter of Determination

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1 SAN FRANCISCO PLANNING DEPARTMENT February 15, 2013 Janet Campbell Campbell and Associates 2 Parker Avenue No. 302 San Francisco, CA Site Address: Assessor s Block/Lot: Zoning District: Staff Contact: Dear Ms. Campbell: Letter of Determination Ocean Avenue 6915/017 Ocean Avenue Neighborhood Commercial Transit District Rick Crawford, (415) or rick.crawford@sfgov.org This letter is in response to your request for a Letter of Determination regarding the property at Ocean Avenue. This parcel is a corner lot, occupied by a two-family dwelling located in the Ocean Avenue NCT (Neighborhood Commercial Transit) District and a 45-X Height and Bulk District. The request regards the buildable area on the lot, including front setback, rear yard, side yard and parking entry requirements. The proposal is to construct a new mixed-use building to share the lot with the existing two-family dwelling. Your questions are answered in the order presented in your letter. 1. Where is the front property line? Since the subject property has frontage on two streets, typically the front yard may be selected by the property owner. In this case however, the property is already occupied by a residential structure addressed on Ocean Avenue and the Planning Department would consider the Ocean Avenue property line to be the front property line 2. What would be the required front setback for a new mixed-use building constructed on the lot next to the residential building fronting on Ocean Avenue? No front setback would be required for a new mixed-use building constructed on the property. The Planning Code does not require a front setback for property in the Ocean Avenue NCT. In addition, the Board of Supervisors has not established a front setback requirement through other legislation. 3. What is the rear yard requirement for the property and where on the lot would the rear yard be located? The required rear yard in the Ocean Avenue NCT is 25 percent of the total depth of the lot on which the building is situated, but in no case less than 15 feet, measured at the second floor or the 1650 Mission St. Suite 400 San Francisco, CA Reception: Fax: Planning Information:

2 Janet Campbell February 15, 2013 Campbell and Associates Letter of Determination 2 Parker Avenue No Ocean Avenue San Francisco CA first floor of residential occupancy, whichever is lower. The subject property has a depth from Ocean Avenue of only 50 feet therefore; the required rear yard is 15 feet. If the proposed development does not include a residential unit on the ground floor, the rear-yard requirement would be measured at the second floor level and above. A new mixed-use building may cover the entire depth of the lot at the ground floor level if that level contains no residential unit. The rear yard would be parallel to the Ocean Avenue frontage. 4. What is the side yard requirement? Side yards are not required in the Ocean Avenue NCT. Buildings may generally be constructed adjacent to the side property line. 5. Are there regulations governing the spacing between the existing residential building and a proposed mixed-use building on the same lot? The Planning Code has no spacing requirement between residential and mixed-use buildings located on the same lot. 6. May the parking entrance for the residential building be relocated from Ocean Avenue to Victoria Street (the side street of the corner lot)? The Planning Code does not require parking for any uses in the Ocean Avenue NCT so the existing parking may be eliminated without replacement. A parking entrance may be developed from Victoria Street. 7. How far may a new garage extend toward the property line? A street-facing garage may be no closer to the street than the principal building on the lot. A garage off Victoria Street should be no closer to the street than the existing dwelling on the property. In addition, a garage may not be located within the required rear yard. 8. Is surface parking permitted on the property and if so, where may it be located and how must it be screened? Surface parking is permitted in the Ocean Avenue NCT with Conditional Use authorization from the Planning Commission at a duly noticed public hearing. In addition, surface parking may require screening pursuant to Section 156 of the Planning Code 9. What is the maximum height for a new mixed-use building? The maximum height for a building on the 45-X Height and Bulk District is 45 feet however, for each foot of building height above 40 feet the floor-to-floor height of the ground floor of the building must be increased by one foot to a maximum required floor-to-floor height of 15 feet. SAN FRANCISCO 2 PLANNING DEPARTMENT

3 Janet Campbell February 15, 2013 Campbell and Associates Letter of Determination 2 Parker Avenue No Ocean Avenue San Francisco CA If you have further questions, or if you want to have preliminary plans reviewed by Planning Department staff, please call (415) and arrange for a Project Review meeting. APPEAL: If you believe this determination represents an error in interpretation of the Planning Code or abuse in discretion by the Zoning Administrator, an appeal may be filed with the Board of Appeals within 15 days of the date of this letter. For information regarding the appeals process, please contact the Board of Appeals located at 1650 Mission Street, Room 304, San Francisco, or call (415) Sincerely, leo-1 Scott F. Sanchez Zoning Administrator cc: Rick Crawford, Planner Property Owner SAN FRANCISCO PLANNING DEPARTMENT

4 j. 4 Campbell & Associates Architecture Planning Interiors Illustrations Due Diligence Two Parker Avenue, No. 302 San Francisco, CA Cell: (415) Date: January 4, 2013 r I i - r To: For: Mr. Scott Sanchez, Zoning Administrator San Francisco Planning Department 1650 Mission Street, 4 Floor San Francisco, CA Letter of Determination Request for Buildable Area Ocean Avenue San Francisco, CA Block 6915 Lot 017 Dear Mr. Sanchez: We need to ascertain what are the buildable limits of the lot are in question, based upon where the Front Yard is determined to be. The reason is that the Owner would like to know where they may put a small commercial/residential structure along Ocean Avenue. We also need to determine the buildable area so that we know what the limits of the small commercial/residential building is in plan and elevation (height/stories). These are the facts - see attached Plat Maps 1& 2, and Photos 1, 2, 3, 4, 6, 7, 8, 9,12,13A, 13B, 13C, and 14: 1. The lot is zoned commercial, and is in the Ocean Avenue Neighborhood Commercial District (NCT). We assume that means that the property can be used for commercial use. 2. The lot is a corner lot, at Victoria and Ocean Avenue. 3. The front entry of the existing house s two units face Ocean Avenue 4. The addresses of the property are 1995 and 1997 Ocean Avenue. 5. The length of the property faces Ocean Avenue. 6. The fa ade of the house as it faces Victoria is clearly a side of the house in the way the architectural elements are oriented. 7. We believe that the front yard runs along Ocean Avenue. We also believe that the two sideyards face Victoria and the commercial shops along Ocean Avenue. In that case, the rear yard would then be facing south and a residential lot. Page 1

5 Question One: In your opinion, is the Ocean Avenue side of the structures and lot the Front Yard? (See attached Plat Maps! & 2 and Photos 1, 2, 3,4,6, 7, 8, 10, 11, 12) Further: 8. We understand that the lot has zero Front Yard Setback requirements. Question Two: If we should be allowed to place a commercial structure along Ocean Avenue where the garage is now, where can the front of the structure be placed? Do we: a. Line up the facade of the new commercial with the commercial shops, which appear to be set back further than the house? (47" - 48" existing) b. Line up the fa ade of the new commercial structure with the house on our lot? c. Or split the difference between the house and the commercial shops for a front yard setback to the new commercial structure? (24") (See Proposed Site Plan and Photos 5, 7 & 15C) 9. We understand that the Rear Yard Setback is 25%. The existing structures are over that line about 2 feet or so. Question Three: If we add a commercial structure, we also understand that we would have to keep the 25% rear yard along the south side, which would be 1 2-6" setback area out of the 50 deep lot. Is the 25% rear yard correct, and to run along the south property line? (See Proposed Site Plan and Photos 10, 11 & 12) 10. For the side yard setbacks, would we have zero setbacks, as we understand exist on the NCT zoned lots. If we were to add a a commercial structure where the garage is now, we believe that the side along the commercial shops we could build directly up to, but on the side facing the house, we should hold it back at least 3 foot clear for a path past the stairs coming out of the existing house, about 8 feet from the existing house. Question Four: Would the side setback for the new structure adjacent to the existing row of shops along Ocean Avenue be 0 feet (no setback)? (See Proposed Site Plan and Photos 4, 5, 7, 15A, 15B & 15C) Question Five: Are there any regulations that would affect the distance between the house on the side that would be adjacent to the new commercial structure? (See Proposed Site Plan and Photos 5, 7, 15A, 15B & 15C) Question Six: Might we move the parking for the two units interior to the house off the main commercial street, Ocean Avenue (and it s awkward backing out function into a high traffic area) to Victoria Street side of the lot, similar to what was done on the opposite corner across Victoria? (See Proposed Site Plan and Photos 4, 5, 7, 8, 9, 10 & 12) Question Seven: How far out may that garage come? Can it extend forward into the yard area, or does it need to be in the existing basement? (See Proposed Site Plan and Photos 10 & 12) Page 2

6 Question Eight: As an alternate, may we park in the sideyard if we provide a certain percentage of green area? Is an open parking area permissible, or does it need partial cover (carport) or complete cover (garage)? (See Proposed Site Plan and Photos 13A, 13B & 13C) Question Nine: How high might we go with the new structure along Ocean Avenue? The Zoning allows for 45 feet. We would like to go 3 stories. The bottom floor would be commercial (restaurant), offices on the second floor and one residential unit on the top. We estimate each floor plate to be about 1,225 to 1,294 square feet on each level, if the setbacks proposed are acceptable. Across Ocean Avenue in the same block are four-story commercial and residential structures. (See Proposed Site Plan and Photos 1, 2, 14, 15A, 15B & 15C) Your assistance in this matter is most appreciated. If you should have any questions, please do not hesitate to call, write or myself. Best Regards, Janet Campbell, Architect cc: Mike Wannarijov, Property Owner Lena Wannarijov Page 3

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