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Board denies appeals, upholds Sixteenth Street demolition and site permits for mixed‑use project

San Francisco Board of Appeals · February 6, 2019
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Summary

The Board of Appeals denied appeals seeking to revoke demolition and site permits for a six‑story, 53‑unit mixed‑use project on Sixteenth Street; Planning and the project team said CEQA and shadow review were completed in 2016, and the board found no abuse of discretion in issuance of the permits.

The San Francisco Board of Appeals on Feb. 6 denied appeals of demolition and site permits for a six‑story, 53‑unit mixed‑use development at 2435–2445 Sixteenth Street.

Appellant Carlos Bocanegra argued the project’s environmental review missed new information (including a neighboring 9‑story proposal), that the project’s shadow would harm Franklin Square Park and that redevelopment would contribute to loss of production/distribution/repair (PDR) space. He asked the board to reduce height and increase ground‑floor PDR, and he questioned the completeness of cultural resource review.

Project counsel and Planning staff responded that the project received a large‑project authorization and community plan exemption in 2016, that the Planning Commission and Recreation & Park Commission reviewed the shadow analysis and concluded the incremental new shadow would not reduce the usable areas of the park, and that the zoning and inclusionary requirements were met. The project includes ground‑floor PDR space and 17.5% inclusionary units (9 BMR units).

After deliberation, the board found no timely legal basis to overturn the Planning Commission’s prior determinations and denied the appeals. Commissioners noted the extensive prior review and the statutory limits on revisiting CEQA determinations that were not timely appealed. The board directed no immediate revocation of the permits; appellant may pursue other administrative or legal remedies outside this appeal process.