Board overturns Planning Commission, disapproves conditional-use authorization for 2785 San Bruno Ave.

The San Francisco Board of Supervisors on Sept. 20 voted to disapprove a Planning Commission conditional-use authorization that had allowed demolition of a single-family dwelling with an alleged accessory unit at 2785 San Bruno Avenue and construction of a new four-story mixed-use building.

Supervisor David Campos, who moved to disapprove the conditional use authorization, told the board he believed the record supported retaining existing tenant housing and that questions about whether rent-control protections applied had not been resolved. "I believe that there is enough evidence in the record here that actually confirms what the planning commission said, which is there's a second unit here," Campos said at the hearing, then moved to disapprove the conditional-use authorization. The motion to disapprove and to prepare related findings was adopted on a roll-call vote of 11-0.

The appeal centered on whether an unauthorized accessory unit existed in the rear structure and, if so, whether removal would eliminate rent-protected housing. Appellants' counsel Steven Williams argued the rear space had functioned as a separate unit for years and presented photographs, a former tenant's letter and other materials that he said showed a full kitchen had existed and that the space had independent access and sleeping quarters. "If you allow these flimsy excuses to sway your decision, then you're supporting an exception which will completely swallow the policy," Williams told the board.

Planning Department staff and the Planning Commission had treated the rear structure as an unauthorized unit during the commission review and initially recommended removal under the code’s conditional-use standards. After the commission hearing and additional materials submitted by the project sponsor, planning staff later said the evidence raised uncertainty about whether the rear structure had been used independently; staff told the board that determining independent use is "very tricky" and that the rent board must make definitive jurisdictional determinations.

The project sponsor's representative, David Silverman, told the board the property had been purchased vacant and said a prior owner had removed a kitchen years earlier when city rules required removal of illegal units. He also said a rent-board bulletin indicates that a single-family dwelling occupied by a single household is not subject to rent control even if an accessory unit once existed. "We investigated that claim with the rent board… their bulletin provides that, even if you can show there's an unauthorized unit and a legal unit connected with a single family house… that is exempt from rent control, so long as there is one household," Silverman said.

The rent board's acting director, Robert Collins, told the board the rent board had not issued a formal, case-specific determination in this matter and explained that the board's process typically requires a petition by a landlord or tenant and an evidentiary hearing before an administrative law judge. "The process by which we determine whether a unit is subject to the jurisdiction of the rent ordinance is by having a petition filed by either the landlord or the tenant… which has not occurred as far as I know in this case," Collins said.

Public testimony included neighbors, local service providers and a former occupant who said a kitchen and full living unit existed at the address in earlier years. Amelia Bradley, who said she and her son lived at the address from 2005 to 2010, told the board, "The back unit had a stove... it's complete with a stove and a mini kitchen and a shower room." Several neighborhood speakers urged preserving the existing affordable units and cautioned that approving demolition would set a precedent that could lead to the loss of similar in-law units across the city.

After deliberation Supervisor Campos moved to disapprove the Planning Commission’s decision, and the board approved the motion. The clerk recorded an 11-0 vote: Supervisors Yi, Avalos, Breed, Campos, Cohen, Farrell, Kim, Marr, Peskin, Tang and Wiener voted aye. The board directed the clerk and city attorney to prepare written findings supporting the disapproval.

Why this matters Board disapproval blocks the project as approved by the Planning Commission and preserves the existing structure for the near term while the city prepares findings. The case highlights conflicts among planning review, rent-control jurisdiction and the city's policy goals to preserve existing affordable housing.

Speakers - Steven Williams — Appellant’s attorney (citizen/attorney) - Anne Marie Rogers — Senior policy adviser, Planning Department (government) - Robert Collins — Acting executive director, Rent Board (government) - David Silverman — Counsel for project sponsor (private counsel) - Amelia Bradley — Former occupant (citizen)

Authorities - San Francisco Planning Code §317 (demolition/conditional use criteria) — referenced_by: ["2785-san-bruno-ave-cu-appeal"] - San Francisco Planning Code §303 (conditional use authorization necessity/desirability findings) — referenced_by: ["2785-san-bruno-ave-cu-appeal"] - Costa-Hawkins Rental Housing Act (state statute governing rent control exemptions) — referenced_by: ["2785-san-bruno-ave-cu-appeal"]

actions:[{"kind":"other","identifiers":{"agenda_item_id":"23-25","project_slug":"2785-san-bruno-avenue"},"motion":"Table item 23 and move items 24 (disapprove) and 25 (prepare findings) forward, thereby disapproving the Planning Commission conditional use authorization","mover":"Supervisor David Campos","second":"Supervisor Mar (Marr)","vote_record":[{"member":"Supervisor Ronen Yi","vote":"yes"},{"member":"Supervisor John Avalos","vote":"yes"},{"member":"Supervisor London Breed","vote":"yes"},{"member":"Supervisor David Campos","vote":"yes"},{"member":"Supervisor Malia Cohen","vote":"yes"},{"member":"Supervisor Mark Farrell","vote":"yes"},{"member":"Supervisor Jane Kim","vote":"yes"},{"member":"Supervisor Mar","vote":"yes"},{"member":"Supervisor Aaron Peskin","vote":"yes"},{"member":"Supervisor Katy Tang","vote":"yes"},{"member":"Supervisor Scott Wiener","vote":"yes"}],"tally":{"yes":11,"no":0,"abstain":0},"legal_threshold":{"met":true,"notes":"Majority vote to disapprove; clerk instructed to prepare findings"},"outcome":"approved","notes":"Board disapproved Planning Commission CU and directed preparation of written findings."}],