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Board of Appeals denies rehearing request for 2550 Irving Street affordable housing permit

San Francisco Board of Appeals · September 13, 2023
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Summary

After hours of testimony from neighbors, experts and city and state agencies about tetrachloroethylene (PCE) and sampling methods, the San Francisco Board of Appeals voted 3–2 to deny a neighborhood request for a rehearing on the site and building permit for 2550 Irving Street.

The San Francisco Board of Appeals on Sept. 13 denied a rehearing request from the Sunset Neighborhood Association (MSNA) on the site and building permit for a 90‑unit, 100% affordable housing project at 2550 Irving Street, voting 3–2 to leave the permit in place.

The rehearing request centered on whether the board should revisit findings about soil and soil‑vapor contamination and the city and state agencies’ testing methods. Appellant Enoch Wong and neighborhood experts argued DTSC (the California Department of Toxic Substances Control) had presented inconsistent evidence, did not adequately collaborate with neighbors, and that the existing record raised a ‘‘manifest injustice’’ requiring a new hearing. Lenny Siegel, an expert for the appellants, told the board DTSC had applied averaging to limited samples and had not fully evaluated interim remedies such as soil‑vapor extraction.

TNDC, the permit holder, and city agencies urged the board…

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