140-148 jasper place
TRANSCRIPT
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i?Irt SAN FRANCISCO PLANNING DEPARTMENT
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Letter of Determination December 2, 2014
Garrett Colli
Jeffer Mangels Butler & Mitchell, LLP
Two Embarcadero Center, 51h Floor
San Francisco, CA 94111
Site Address: 140-148 Jasper Place Assessor’s Block/Lot: 0103/032 Zoning District: RM-2 (Residential-Mixed, Moderate Density), 40-X Special Use District: Telegraph Hill-North Beach Residential Special Use District Staff Contact: Carly Grob, (415) 575.9138 or [email protected]
1650 Mission St. Suite 400 San Francisco, CA 94103-2479
Reception:
415.558.6378
Fax: 415.558.6409
Planning Information: 415.558.6377
Dear Mr. Colli,
This letter is in response to your request for a Letter of Determination regarding the property at 140-148 Jasper
Place. This parcel is located in the RM-2 (Residential-Mixed, Moderate Density) Zoning District, Telegraph Hill-North Beach Residential Special Use District (SUD) and 40-X Height and Bulk District. The request is to determine
if three parking spaces would be permitted as part of the proposed new construction of a two-unit residential building (Building Permit Application No. 201210101658) adjacent to an existing two-unit residential building (on
the same lot).
Planning Code Section 249.49(c)(1) permits up to three cars for each four dwelling units. As such, three off-street parking spaces would be allowed on the subject lot to serve the four dwelling units that would be on site after
completion of the project.
Planning Code Section 249.49(c)(2) further limits the installation of garages in the Telegraph Hill-North Beach Residential SUD as follows:
249.49(c) (2) - Installation of a Parking Garage. Installation of a garage in an existing residential building of four or more units requires a mandatory discretionary review hearing by the Planning Commission; Section 311 notice is required for a building of less than four units. In approving installation of the garage, the Commission shall find that:
(1) The proposed garage opening/addition of off-street parking will not cause the "removal" or "conversion of residential unit," as those terms are defined in Section 317 of this Code;
(2) The proposed garage opening/addition of off-street parking will not substantially decrease the livability of a dwelling unit without increasing the floor area in a commensurate amount;
(3) The building has not had two or more "no-fault" evictions, as defined in 37.9(a)(7)-(13) of the San Francisco Administrative Code, with each eviction associated with a separate unit(s) within the past ten years;
(4) The garage would not front on a public right-of-way narrower than 41 feet, and
www.sfpfanninq.org
Garrett Colli, do Jeffer Mangels Butler & Mitchell, LLP
December 2, 2014
Two Embarcadero Center, 5 th Floor
Letter of Determination
San Francisco, CA 94111
140-148 Jasper Place
(5) The proposed garage/addition of off-street parking installation is consistent with the Priority Policies of Section 101:1 of this Code.
The project proposal is consistent with the requirements of Planning Code Section 249.49(c)(2), as the proposed
parking is completely located within the proposed new construction and would not occupy any part of the existing
two-unit residential building. The garage would not cause the "removal" or "conversion of any residential unit." The proposed garage would not "substantially decrease the livability of any existing dwelling unit," as the
proposed new construction would occur on a vacant portion of the subject lot. There have not been any "no-fault" evictions at the property within the last 10 years (per the attached Rent Board Response to Request from Planning Department for Eviction History Search). While Jasper Place is 176" wide (which would not meet the criteria
described in subsection (4) above for an existing building), the proposed parking is located in a newly constructed
building whereas the provisions of Section 249.49(c)(2) apply to existing residential buildings. Furthermore, the
project would bring the project closer into compliance with the Planning Code, as the former property owner had
parked four cars on the subject property, which exceeds the permitted amount of accessory parking. Additionally,
it should be noted that the project requires neighborhood notice pursuant to Planning Code Section 311 (for new
construction) and the proposed off-street parking spaces are located on the same lot as the dwelling units served, which is consistent with the requirements in Planning Code Section 155.
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) 575-6880.
Sincerely,
Scott F. Sanchez Zoning Administrator
Attachments: Rent Board Response to Request from Planning Department for Eviction History Search
cc: Property Owner - Peter Wilson Neighborhood Groups
Carly Grob, Planner
SAN FRANCISCO 2 PLANNING DEPARTMENT
Rent Board Response to Request from Planning Department for Eviction History Search
This confirms that the undersigned employee of the San Francisco Rent Board has reviewed its records pertaining to the above-referenced unit(s) to determine whether there is any evidence of no-fault evictions pursuant to Rent Ordinance §g37.9(a)(8) through 37,9(a)(14) on or after the date specified.
No no-fault eviction notices have been filed at the Rent Board after:
12/10/13
03/13/14
Yes, a no-fault eviction notice has been filed at the Rent Board after
12/10/13
[J 03/13/14 See attached documents.
There are no other Rent Board records evidencing a no-fault eviction after
1:1 12/10/13
i:i 03/13/14
Yes, there are other Rent Board records evidencing a no-fault eviction after:
0 12/10/13
0 03/13/14 See attached documents.
Dated: Date of Rent Board Signature
i
Signed:
Van Lam Citizen Complaint Officer
* ,NO 14-.4 v
4:4eL h / () V.
SAN IANC5CO 2 PLNNWIO DP*TMIT
SAN FRANCISCO PLANNING DEPARTMENT
Planning Department Request for Eviction 1650 WSSIon SL SuIte 400
History Search San kandsco. CA 04103 �2479
Rect1on: 415.558.6378
November 12, 2014 Fax: 415.558.6409
Van Lam Citizen Complaint Officer PwrAv Rent Stabilization and Arbitration Board Womation:
415.558.6377 25 Van Ness Avenue, Suite 320 San Francisco, CA 94102-6033
RE: 140-148 Jasper Place (Address of Permit Work)
None (Unit Number - if applicable)
0103/032 (Assessor’s Block/Lot)
2012.1010.1754 (Building Permit Application Number and/or Case No.)
Project Type:
E] Merger - Planning Code §317(e)(4)
[] Enlargement/Alteration/Reconstruction - Planning Code §182(c)(3)
F] Legalization of Existing Dwelling Unit Planning Code §207.3, et seq.
Pursuant to the Planning Code Section indicated above, please provide all information from the Rent Board’s records regarding possible evictions at the above-referenced unit(s) on or after:
[] 12/10113: [for projects pursuant to PC §317(e)(4) or §181(c)(3))
[] 03/13/14: [for projects pursuant to PC §207.3, et seq.]
Sincerely,
CarlyI rr’.I’. -a--. ,cu 17 ’..1I IJl
Planner
www.sfpIanningorg
JM 13\’f Jeffer Mangels Butler & Mitchell LLP
Garrett Colli Fax: (310) 712-3349 [email protected]
Two Embarcadero Center, 5th Floor San Francisco, California 94111-3813 (415) 398-8080 (415) 398-5584 Fax
www.jmbm.com
Ref: 72133-0001
October 8, 2014
VIA FIRST CLASS MAIL
Iv (227? ,ti.
Scott Sanchez - Office of the Zoning Administrator
’ O 27 c 72 1650 Mission Street, Suite 400 04 10 San Francisco, CA 94103
Re: Request for Letter of Determination - 140 - 148 Jasper Place
Dear Mr. Sanchez:
Our client, Peter Wilson, has initiated two projects on the same parcel, APN No. 0 103/032 (the "Property"). An existing building, 140 Jasper Place, has occupied a portion of the Property since 1911. Mr. Wilson first applied for permit number 201210101754, to build a new two-unit structure (146-148 Jasper Place), in 2012. 146-148 Jasper Place would be constructed in what is currently the vacant side-yard area of 140 Jasper Place. This past June, Mr. Wilson initiated the application for permit number 201406279672, which would authorize the renovation of 140 Jasper Place. Based on the information contained herein, we respectfully request your concurrence that Mr. Wilson is entitled to maintain three parking spaces on the Property under the Planning Code.
The project will not add parking: The project would result in a net reduction in off-street parking compared to historic and current use at the site. Up to four vehicles have been consistently parked on the Property dating back to the 1940s. Such parking predates current limits on off-street parking under the Planning Code, including any controls under Section 249.49 (further addressed below). Off-street parking at the Property is evidenced by, among other things: (1) a Sanborn map indicating a ramp on the property existing on or before 1913; (2) an existing, City-maintained curb cut on Jasper Place; and (3) a statement by the Property’s former owner, the Gong family, verifying that the side and rear yard areas were used for parking four cars between 1947-2008. Accordingly, the project does not propose to add any parking in North Beach; rather, the proposal is to reconfigure and reduce the number of parking spaces to which Mr. Wilson is entitled.
2. Planning Code Section 249.49 does not apply to this project: A plain reading of Planning Code Section 249.49 indicates that the provision is inapplicable to the project. First, Section 249.49 pertains only to "existing" structures. Subsection (a) provides that Section 249.49 is intended to:
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SF 1903551v1
Scott Sanchez October 8, 2014 Page 2
[R]egulate off-street parking and the installation of garages in existing residential structures in order to ensure that they do not significantly increase the level of automobile traffic, increase pollution, or impair pedestrian use on narrow public rights-of-way in the District, and to prevent the ability to add parking from providing an incentive to convert existing residential buildings from rental buildings to tenancies-in-common. [Emphasis added.]
Because the project would yield a net reduction in existing parking and provide the parking in "new construction," none of the purposes listed above would be served by applying Section 249.49. In other words, the project will decrease automobile traffic, pollution, and potential pedestrian interactions, and will not cause the conversion of rental housing to be converted to tenancy-in-common ownership. Second, with regard to subsection (c)(2)’ s constraint on the addition of parking garages, that provision applies to "the installation of a garage in an existing residential building of four or more units..." [Emphasis added.] Here, the existing building contains only two dwelling units. While the Property would ultimately contain four residential units (as only two additional dwelling units are proposed), these units would be spread over two two-unit buildings completed with separate building permits. As such, Section 249.49 does not apply.
In summary, Section 249.49 does not apply because:
(1) no garage will be added to an existing structure;
(2) the new construction only consists of two dwelling units;
(3) there is not an "existing residential building of four or more units" on the site; and
(4) there will actually be a net reduction in parking on the site.
3. The project will alleviate existing non-conformity with the Planning Code: The owners and occupants of the Property have parked cars within the required rear yard setback dating back to before the imposition of the relevant controls. The project would result in a reconfiguration of the existing vehicle parking spaces so as to remove parking that had been occurring in the rear yard portion of the site and eliminate this nonconformity.
J ItvIB1vI Jeffer Mangels
Butler & Mitchell a
SF 1903551v1
Scott Sanchez October 8, 2014 Page 3
Based on the above, we believe that Mr. Wilson is entitled to maintain three parking spaces on the Property, which can be allocated amongst the two buildings. The project will ultimately enhance the historic district by eliminating some existing parking, and will also promote conformity with the Planning Code through the removal of obstructions in the required rear yard setback.
Very truly yours,
I GARRETT COLLI for Jeffer Mangels Butler & Mitchell LLP
GJC:gjc cc: Peter Wilson
Enclosures: Exhibit A (proposed plans) Exhibit B (existing parking conditions) Exhibit C (photograph of existing parking conditions) Exhibit D (letter from former property owner regarding parking) Exhibit E (photograph of curb cut) Exhibit F (Sanborn map)
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