Discretionary Review Action DRA-0331 HEARING DATES: JULY 11, 2013 AND AUGUST 8, 2013

Date: August 9, 2013 Case No.: 2013.0434D Project Address: 1855 - 1857 GREENWICH STREET Building Permit: 2013.04.10.4198 Zoning: RH-2 (Residential, House, Two-Family) District 40-X Height and Bulk District Block/Lot: 0519/038 Project Sponsor: Nick and Kimberlee Dutto (property owners) 1857 Greenwich Street San Francisco, CA 94123 Stephen Antonaros (agent/architect) 2261 Market Street #324 San Francisco, CA 94114 Staff Contact: Sharon M. Young – (415) 558-6346 [email protected]

ADOPTING FINDINGS RELATED TO TAKING DISCRETIONARY REVIEW OF CASE NO. 2013.0434D AND THE DISAPPROVAL OF BUILDING PERMIT APPLICATION NO. 2013.04.10.4198 PROPOSING TO MERGE TWO DWELLING UNITS INTO ONE DWELLING UNIT AT 1855 - 1857 GREENWICH STREET WITHIN THE RH-2 (RESIDENTIAL, HOUSE, TWO-FAMILY) ZONING DISTRICT AND A 40-X HEIGHT AND BULK DISTRICT.

PREAMBLE On April 10, 2013, Stephen Antonaros on behalf of Nick and Kimberlee Dutto filed Building Permit Application No. 2013.04.10.4198, proposing to merge two dwelling units into one dwelling within the RH-2 Zoning District and 40-X Height and Bulk District. Interior alterations are proposed which include a new stairway and elevator providing direct access between all floor levels. The existing 1,500 square foot dwelling unit on the first floor (1857 Greenwich Street) consists of an open plan living / dining / kitchen, one bedroom and one bathroom. The existing 1,250 square foot unit on the second floor (1855 Greenwich Street) consists of an open plan living / dining / kitchen, den, two bedrooms and two bathrooms. After the merger, the single dwelling unit would be approximately 3,157 square feet; this would be inclusive of a proposed horizontal addition with approximately 400 square feet of floor area filed under a separate permit. The second floor of the single-family dwelling would consist of a family room, den, two bedrooms and two bathrooms.

Pursuant to Planning Code Section 317(e), the merger of residential dwelling units not otherwise subject to Conditional Use Authorization shall be either subject to a Mandatory Discretionary Review hearing or will qualify for administrative approval. Administrative review criteria only apply to those Residential Units proposed for Merger that are (1) not affordable or financially accessible housing are exempt from Mandatory DR valued by a credible appraisal within the past six months to be greater than 80% of combined land and structure value of single- family homes in San Francisco (value of the least expensive unit proposed for merger exceeds $1,342,000); or (2) meet a supermajority (at least four out of five) of the merger criteria. The proposed project was subject to a Memo Discretionary Review Action DRA-0331 Case No. 2013.0434D August 9, 2013 1855 - 1857 Greenwich Street

Mandatory Discretionary review hearing because it did not qualify for administrative approval since the property had an appraisal value of $1,721,370 for both units and the project met only two of the five merger criteria.

The Project is exempt from the California Environmental Quality Act (“CEQA”) as a Class 1 categorical exemption.

On July 11, 2013 and August 8, 2013, the San Francisco Planning Commission (hereinafter “Commission”) conducted duly noticed public hearings at regularly scheduled meetings on Discretionary Review Application 2013.0434D.

The Commission has heard and considered the testimony presented to it at the public hearing and has further considered written materials and oral testimony presented on behalf of the applicant, Department staff, and other interested parties.

ACTION

The Commission hereby took Discretionary Review requested in Application No. 2013.0434D and disapproved Building Permit Application 2013.04.10.4198.

BASIS FOR RECOMMENDATION The reasons that the Commission took the action described above include:

1. Based on its consideration of written materials and oral testimony presented at the July 11, 2013 and August 8, 2013 Planning Commission hearings, the Commission determined that the proposed merger would meet only two of the five merger criteria that relate to owner occupancy and would not be consistent with the Housing Element of the General Plan goal for retaining affordable housing units in the City.

APPEAL AND EFFECTIVE DATE OF ACTION: Any aggrieved person may appeal this Building Permit Application to the Board of Appeals within fifteen (15) days after the date the permit is issued. For further information, please contact the Board of Appeals at (415) 575-6881, 1650 Mission Street #304, San Francisco, CA, 94103-2481.

I hereby certify that the Planning Commission took Discretionary Review and disapproved the building permit application as referenced in this action memo on August 8, 2013.

Jonas P. Ionin Acting Commission Secretary

AYES: Commissioners Borden, Moore, Sugaya, Wu

NAYS: Commissioners Antonini, Hillis, Fong

ABSENT: None

ADOPTED: August 8, 2013 2