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Commission approves 330 Rutledge retaining wall over neighbor objections about tree and drainage

San Francisco Planning Commission · April 27, 2023
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Summary

After expert testimony from a geotechnical engineer and an arborist about likely root loss and drainage risks, the Commission declined to take discretionary review and approved the retaining wall permit, while noting neighbor concerns and encouraging further dialogue between parties.

San Francisco ' The Planning Commission voted April 27 to deny a neighbor-initiated discretionary review request and approve a proposed retaining wall at 330 Rutledge Street, concluding the permit complied with code despite opposing testimony from adjacent property owners.

Neighbors Norma Garcia and Bert Boyce had sought discretionary review, alleging misrepresentations in the permit submittal, an unpermitted excavation, and damage to a co-owned tree. They presented two experts: a geotechnical engineer who said the excavation would require cuts up to 12 feet below existing grades, could create a 5-foot exposed wall on the downhill side, and lacked clear drainage mitigation; and an arborist who concluded excavation would almost certainly cut roots and likely compromise the tree's health and structural stability unless the wall were redesigned and a tree-protection plan prepared.

Project sponsor Tyler Baldwin Granger said he had followed Planning Department guidance and argued the wall was needed to address a notice of violation and to stabilize slope conditions. He said he had met with staff and made revisions and expressed frustration at legal threats and delays. Planning staff described the proposed design, noted mixed letters of support and opposition, and recommended approval.

Commissioners discussed the technical complexity, the evidence of potential root loss, and the limits of the Commission's role, concluding the application complied with relevant code provisions. The Commission voted unanimously 6-0 to not take the discretionary review and approved the permit as applied.