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Board upholds planning determination that four lots are not state-density-bonus eligible as presented
Summary
The Board of Appeals denied an appeal by a property owner seeking to treat four contiguous Alemany Boulevard lots as a single development for state density-bonus purposes; the board concluded the zoning administrator did not err in his technical interpretation and denied the appeal 3–0.
The San Francisco Board of Appeals on Oct. 23 denied an appeal asking whether four contiguous lots at 316–328 Alemany Boulevard could be treated as a single development application for purposes of California Government Code §65915 (the density-bonus law). The board voted 3–0 to uphold the zoning administrator’s Letter of Determination.
Appellant counsel Andrew Zacks argued the state statute explicitly allows counting units on contiguous sites that are the subject of one development application and said prior case and statutory language require a liberal construction in favor of creating affordable housing. Counsel requested that the zoning…
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