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Commission stalls on 249 Texas Street conditional‑use over tenant‑history and demolition concerns; continues item to June 13
Summary
A contentious hearing over a conditional‑use application for 249 Texas Street exposed competing claims about unauthorized units, past tenancies and demolition thresholds. A motion to approve with a condition for a key‑coded elevator split 3–3; after discussion the commission voted to continue the item to June 13 to allow parties time to negotiate.
The Planning Commission considered a conditional‑use authorization for 249 Texas Street, where the project would replace a modified 1951 single‑family home (including an unauthorized dwelling unit) with a new two‑unit building.
Planning staff recommended approval, concluding the proposed building adds durable, code‑compliant units, increases bedrooms and preserves rental protections under SB 330/SB 330 look‑back rules. The project sponsor and architect said they increased the size and street presence of the lower unit to address prior concerns that led the Board of Supervisors to overturn an earlier approval. The sponsor described the new design as a two‑unit family home with separate entries and code‑compliant light wells.
Organized opposition — neighbors and tenant advocates — argued the property historically housed low‑income tenants, claimed an eviction or coercive lease exit during COVID, and said the demolition threshold and tenant history counsel against approval. The project presentation and defense emphasized that one of the prior units had been vacant for five years (the state/SB 330 look‑back period) and that the owners did not effect a rental eviction in the manner alleged.
Commissioners asked detailed questions about construction methods, the presence of an elevator (and whether it could be keyed to prevent functional unit merger), and whether unit parity and affordability were preserved. A motion to approve with the condition that the elevator be key‑coded produced a three‑to‑three tie and failed. Commissioners expressed differences: some accepted the project's code compliance and replacement of older, substandard construction; others urged stronger affordability commitments and criticized the project's historical tenancy record.
The commission ultimately voted 4–2 to continue the item to June 13 to allow time for potential negotiated resolution between neighbors and the sponsor and to permit the full commission to consider the item when a seventh commissioner is present.
Next step: item continued to June 13 for further consideration; staff recommended parties use the interim to negotiate terms that could address neighbor concerns and affordability questions.
