This Week At The Planning Commission

A look at Noe Valley projects in front of the Planning Commission this week. Information is provided by the Planning Commission, and taken from its published agenda. All hearings are on Thursday at 1:30pm, Room 400 in City Hall.

December 6

1144-1146 CASTRO STREET - on the west side of Castro Street between Elizabeth and 23rd streets; Lot 006 in Assessor’s Block 2804 - Mandatory Discretionary Review, pursuant to Planning Code Section 317(e), requiring review of Loss of Residential Units Through Merger, of Building Permit Application No. 2012.07.19.5186, to merge two dwelling units into one dwelling unit, changing the existing two-family dwelling to a single-family dwelling in an RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.
Staff Analysis: Full Discretionary Review
Preliminary Recommendation: Do not take Discretionary Review and approve

It's rare that Planning Staff recommends approval of a Dwelling Unit Merger (DUM). It's very rare to place the application on the Consent Calendar. What makes this project special? Hard to know.

This project meets only three of the five criteria established for mergers. But since "neither of the two existing units is family-sized housing" and "the proposed unit merger would create a family-sized single-family dwelling," Staff concludes this project "would bring the building closer into conformance with the prevailing density, which is single-family dwelling." Sounds good. It also doesn't hurt that no one is opposing the project.

There is a bit of legal maneuvering in the application we're hoping someone can chime in on. The application states:

The property was sold with 1146 Castro vacant and 1144 Castro was tenant occupied. 1144 Castro has been owner-occupied since it was legally removed from rental housing use in May 2012.

The application also states:

As a matter of state law, this building is not residential rental housing and should not be considered as such since it cannot legally be used as rental housing under the Ellis Act. Merger will result in creation of new affordable housing for a family in a single unit home.

Is it really that simple? Buy a 2-unit building, Ellis Act the tenants and apply for a DUM? If it's that easy, why are these projects so rare?

The full staff analysis is here (PDF).

Update: Approved 4-3.

[SF Planning: 1144-1146 Castro St (PDF)]
[Photo: Google Maps]

This Week At The Planning Commission

A weekly look at Noe Valley projects in front of the Planning Commission. Information is provided by the Planning Commission, and taken from its published agenda. All hearings are on Thursday at 1:30pm, Room 400 in City Hall.

168 CLIPPER STREET - north side between Church and Sanchez Streets; Lot 021 in Assessor’s Block 6549 - Mandatory Discretionary Review, pursuant to Planning Code Section 317 requiring review of residential demolition, of Demolition Permit Application No. 2007.12.20.1029, proposing to demolish a one-story over basement, single-family dwelling in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and approve the demolition permit.

168 CLIPPER STREET - north side between Church and Sanchez Streets; Lot 021 in Assessor’s Block 6549 - Mandatory Discretionary Review, pursuant to Planning Code Section 317 requiring review of the replacement building in association with residential demolition, of Building Permit Application No. 2007.12.20.1032, to construct a three-story over garage, two-family dwelling in an RH-2 (Residential, House, Two -Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and approve the new building permit.

3900 22ND STREET - west side between Collingwood and Castro Streets; Lot 011 in Assessor’s Block 2770 - Request for Discretionary Review of Building Permit Application No. 2009.07.14.2590, to convert a three-family structure into a two-family dwelling in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and approve the project as submitted.

NOTE: On October 15, 2009, following public testimony, the Commission continued the matter to November 5, 2009. Public hearing remains open.

This Week At The Planning Commission

A weekly look at Noe Valley projects in front of the Planning Commission. Information is provided by the Planning Commission, and taken from its published agenda. All hearings are on Thursday at 1:30pm, Room 400 in City Hall.

905-907 Diamond St. - northwest corner of Diamond and Jersey Streets; Lot 026 of Assessor’s Block 6539 - Mandatory Discretionary Review for Dwelling Unit Merger Request, pursuant to Planning Code Sections 317, requiring review of dwelling unit mergers, of Building Permit Application No. 2009.04.27.7146, proposing to merge four dwelling units to two dwelling units. The property is located within a RH-2 (Residential, Two Units) Zoning District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Modifications and Conditions.

This Week at the Planning Commission

A weekly look at Noe Valley projects in front of the Planning Commission. Information is provided by the Planning Commission, and taken from its published agenda. All hearings begin at 1:30pm, Room 400 in City Hall.

December 4

977, 977A, 997-1/2 DOLORES STREET - east side between 22nd and 23rd Streets, Lot 019, in Assessor’s Block 3631 - The Planning Commission will consider a Mandatory Discretionary Review, pursuant to Planning Code Section 317, requiring review of dwelling unit mergers, of Building Permit Application No. 2008.05.06.1361, proposing to merge three dwelling units into two dwelling units. The property is located within a RM-1 (Residential, Mixed, Low Density) Zoning District and a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and Disapprove.

[NVSF: Dwelling Unit Mergers]
[NVSF: All Dwelling Unit Merger Posts]

Update: Planning Commission October 23, 2008

Last week the Planning Commission ruled on two projects on 24th St:

4128 24th STREET - Request for Conditional Use Authorization...to convert the existing, ground floor office space to a full-service restaurant, totaling approximately 350 square feet (dba “Noe Soup"). [Translation: the old BJ Droubi house is getting a restaurant]

3931-3933 - 24TH STREET – Request for Conditional Use Authorization...to allow the construction of one new dwelling-unit with no off-street parking. [Translation: Noe Bagel will have to close while the building is expanded]

Both projects were approved as part of the Consent Calendar. These two and three other projects were approved with a single vote and without public comment. That is not to say the Commission didn't ask for comment - no one showed up to give any. Color us surprised.

As we wrote last week, the conversion 4128 24th St to a restaurant is likely the last available conditional use permit for a new restaurant in Noe Valley.

The motion (brought by Supervisor McGoldrick) to ammend legislation to "require conditional use authorization for any permit...to remove dwelling units" was disapproved 6-1. This would have made mandatory a discretionary review (DR) for all residential demolition permit applications, including 1 and 2 unit buildings (and including dwelling unit mergers). Existing code allows for planning staff initiated DR hearings. Expect this to come up again (after the election).

Bonus: learned a new phrase - "Richmond Special." Seems to be a catch-all for illegal (non-conforming) dwelling units added to a single family home.

[NVSF: This Week at the Planning Commission]
[NVSF: Dwelling Unit Mergers]

This Week at the Planning Commission

A weekly look at Noe Valley projects in front of the Planning Commission. Information is provided by the Planning Commission, and taken from its published agenda. All hearings begin at 1:30pm, Room 400 in City Hall.


October 23, 2008

4128 24th STREET (aka the BJ Droubi House) - the north side of 24th Street, between Diamond and Castro Streets, Block 2831, Lot 009 - Request for Conditional Use Authorization, pursuant to Planning Code Section 728 to convert the existing, ground floor office space to a full-service restaurant, totaling approximately 350 square feet (dba “Noe Soup:). The full service restaurant would employ two persons and operate from 11:00 a.m. to 7:00 p.m. six days a week. The property is within the 24th Street -- Noe Valley Neighborhood Commercial and a 40-X height and bulk District.

Preliminary Recommendation: Approval with Conditions.

Note: This is likely the last of three additional restaurant permits granted to Noe Valley in 2005. The other two are Contigo and the "high end Vietnamese fusion."

Next up: the Noe Bagel building:

3931-3933 - 24TH STREET – south side between Sanchez and Noe Streets; Lot 035 in Assessor’s Block 6508 - Request for Conditional Use Authorization, pursuant to Planning Code Section 303, 161(j), 728.52, and 790.116, to allow the construction of one new dwelling-unit with no off-street parking, and to allow a personal service on the second floor in the 24th Street – Noe Valley Neighborhood Commercial District and 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

This last one is not Noe Valley specific, but follows up on a previous post:

Requirement of Conditional Use authorization for any permit application to remove dwelling units. Board File No. 081088. This Ordinance introduced by Supervisor McGoldrick would amend Ordinance amending the Planning Code by amending Section 317 to require Conditional Use authorization for any elimination of existing dwelling units through mergers, conversions, or demolitions of residential units; making environmental findings; and findings of consistency with the City's General Plan and Planning Code Section 101.1.

Preliminary Recommendation: Disapproval.

[NVSF: New Digs for Noe Bagel?]
[NVSF: Dwelling Unit Mergers]
[NVSF: Update: "High End Vietnamese Fusion"]
[Contigo: In Praise of Sardines]
[Planning Commission: December 8, 2005]

Dwelling Unit Mergers

This isn't specific to Noe Valley, but because of the type of construction (and investment) in District 5C this comes up regularly. Regarding unit mergers, a commenter asked: "Was the house originally built as a single family dwelling, and if so, why would it matter if they owner wanted to 'merge' it back?"

This question gets at the heart of why we have planning codes. On the one side there are people who say "you should be able to do what ever you want with the property you own." On the other: "I don't like what those people are doing with their property." We can probably all agree that some oversight is a good thing, but this particular issue strikes a nerve with a lot of people because it provides/restricts access to housing.

In 2005, the Planning Commission took the following stance:

Housing in San Francisco is a valuable resource that requires protection;

and The Planning Commission supports the conservation of existing housing and although certain special circumstances may arise in which the removal of a dwelling unit may be necessary to further the Objectives and Policies of the General Plan, the Commission maintains a strong objective to mitigate the loss of relatively affordable market rate housing. [PDF]

In the same Resolution (adopted June 15, 2006), the Planning Commission set forth requirements for unit-mergers. Most significant is "that Discretionary Review is required for all building permit application that would result in the removal of a legal dwelling unit through merger with another unit or its complete elimination."

There are five major criteria that planning staff consider before making recommendations to the Commission:

1. Does it eliminate only owner-occupied housing?
2. Is the merger intended for owner occupancy?
3. Does the merger bring the building in line with prevailing density in the area?
4. Does the merger bring the building closer into conformance with prescribed zoning?
5. Does the merger correct functional deficiencies that could not be corrected with interior modifications?

If four or five of the requirements are met, the Planning Department can approve the plan. If not, a hearing before the Planning Commission is scheduled and the neighborhood is notified. The Commission reserves the right to approve or disapprove regardless the recommendation from staff. If disapproved, the applicant can file an appeal.

Notice that there's nothing in the requirements about historical use - the Commission doesn't care if it was a single-family residence (SFR) 100 years ago.

All this is in flux, and there is an updated policy in the works. The hearing on this has been continued (again) and is now scheduled for October 23rd.

[Dwelling Unit Merger Policy]
[Dwelling Unit Merger Policy - Motion 17264 PDF]

This Week at the Planning Commission

A weekly look at Noe Valley projects in front of the Planning Commission. Information is provided by the Planning Commission, and taken from its published agenda. All hearings begin at 1:30pm, Room 400 in City Hall.

September 25, 2008


437 HOFFMAN AVENUE - east side between 24th and 25th Streets, Lots 024, in Assessor’s Block 6503 - Mandatory Discretionary Review, pursuant to Planning Code Section 317, of Building Permit Application No. 2008.06.27.5494 proposing the dwelling unit merger from two dwelling units into one single-family home. The property is located within a RH-2 (Residential House, Two-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and disapprove.