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Board rejects jurisdiction request for 160 Freelon affordable-housing permit
Summary
A resident petition to take jurisdiction over a ministerially approved, 100% affordable housing permit at 160 Freelon was denied after Planning and DBI said state laws (AB 2162) allow streamlined ministerial review and required notices were posted.
The Board of Appeals on July 17 denied a jurisdiction request from a Freelon Street resident seeking to have the board review a building permit for a 9‑story, 85‑unit, 100% affordable housing project at 160 Freelon.
The requester, Marjorie Short Scott, said her concern was placement and neighborhood transparency and asked the board to take jurisdiction despite an expired appeal period. "We are not opposed to the affordable housing, just the placement of the building on the site," she told the board.
Project representatives and Planning explained the project was reviewed under state streamlining statutes (AB 2162) for 100% affordable projects and that ministerial review does not require a Planning Commission hearing or the same neighborhood notice as discretionary projects. Planning Zoning Administrator Corey Teague said the permit was appropriately processed under state law and that site placards and other required notices were posted. Related California’s project manager, Carlos Vasquez, said the sponsor conducted outreach and that the site placard listed the appeal deadline.
On that basis commissioners found the narrow legal standard for granting a jurisdiction request — showing the city intentionally or inadvertently caused lateness to file — was not met and denied the request by a 5-0 vote. Planning and DBI will continue to administer ministerial approvals and enforcement where applicable.
