Board upholds permit for vertical addition at 3516–3518 Sacramento Street after ADA feasibility review

Appellant Ed Van Roden told the board the permit to revise 3516–3518 Sacramento Street to add a fourth story raised ADA concerns because the building will continue to have commercial space above grade served only by stairs. “I don’t know how anybody would get to the Second Or Third Floor by stairs if they're in a wheelchair,” Van Roden said, urging further review of Title 24 and accessibility triggers.

Engineer Alex Santos, the engineer of record, explained that the project proposed a technical and feasibility exemption because creating vertical access (an elevator) would require removing or reconfiguring major structural framing members, penetrating structural shear walls and moment frames, and would therefore be infeasible without substantial reconstruction. He said reviewers including senior plan checkers and an accessibility specialist reviewed and accepted the approach to provide a comparable commercial experience on the ground floor for customers who cannot reach upper floors.

DBI and Planning staff told commissioners the project had been scrutinized by multiple senior reviewers and that the ground floor remodel would provide equivalent service for upper-floor commercial uses; if future changes sought retail use on upper floors that would trigger ADA upgrades. Commissioners probed triggers for ADA work and how the city can ensure comparable accessible services remain available if tenant mixes change; staff said occupancy and plan set designations can specify current uses and that a future change of use would trigger code requirements.

After deliberation Commissioners concluded there was no legal basis in the record to overturn the permit; Commissioner Rick Swig moved to deny the appeal and the board voted 5–0 to deny the appeal and uphold the permit. DBI said private rights of action remain available if ADA compliance is later believed to be inadequate.