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Board denies appeal to legalize unpermitted changes at Van Ness assisted-living facility
Summary
The Board of Appeals denied an appeal seeking to legalize a series of unpermitted unit mergers and administrator units at the Avenue (1015–1033 Van Ness), upholding the Planning Commission's denial after Planning and DBI cited Development Disposition Agreement (DDA) noncompliance, a notice of violation and public-safety and affordable-housing concerns.
The Board of Appeals on Sept. 26 denied an appeal by the operator of the Avenue assisted-living facility at 1015–1033 Van Ness Avenue that sought to legalize prior unpermitted alterations, concluding Planning's denial was appropriate given the site's contractual and code obligations.
Owner and administrator Theresa Wong described converting several small studio units into one-bedroom units and creating on-site administrator and deputy-administrator units to provide 24-hour management. Counsel argued those administrator units are accessory to the institutional use and necessary to comply with state requirements for on-site administration.
Planning Department zoning administrator Scott Sanchez outlined the property's history under a Development Disposition Agreement requiring specific unit counts (112 efficiencies on floors 3–9 and a 20-bed licensed dementia unit on the second floor). Sanchez told the board that Planning's review and a site visit found multiple illegal alterations—including merged units that do not meet rear-yard, exposure and open-space standards—and that the owner has not met affordable-housing obligations spelled out in the DDA. DBI confirmed a Notice of Violation and said the case was referred to code enforcement and could lead to an order of abatement.
Supporters of the facility spoke in favor of preserving the operation, citing resident care and community value. Commissioners debated two paths: deny the appeal now and allow code-enforcement and legal processes to proceed, or continue to seek a negotiated settlement that might preserve the facility while addressing violations. Planning and DBI recommended upholding the Planning Commission's prior denial. Commissioner Lazarus moved to deny the appeal and uphold the denial; the motion passed on the record and the appeal was denied.
Planning urged the operator to pursue either an amendment to the DDA or to pursue a corrective building-permit path that would either revert units to the last legal condition or document and correct the current configuration. DBI said enforcement (notice of violation) would proceed regardless of the board's action.
