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Board approves special-conditions permits for windows at 446 448 Vallejo Street
Summary
The Board granted permits allowing property-line windows at 446 and 448 Vallejo under special conditions, requiring DBI plan review, rated window assemblies and sprinkler permits where required; one living-room window (Unit 448B) will be resolved at DBI's discretion because of proximity to an adjacent roof deck.
The San Francisco Board of Appeals on Aug. 15 granted appeals and authorized special-conditions permits to legalize and upgrade property-line windows at 446 and 448 Vallejo Street, provided revised plans addressing structural, fire-resistance and sprinkler requirements are approved by the Department of Building Inspection.
Permit-holder counsel Julian Lustowski told the board the windows have existed for many years and the proposed work preserves size and location, which favor AB009 compliance. The permit holder presented imagery and argued the windows either predated permit rules or did not alter the openings in ways that trigger a full revision.
The appellants and neighbors, however, argued the plans lacked sufficient structural detail for a large third-floor opening. DBI staff reported a notice of violation and said the case prompted additional review. Senior Inspector Mark Walz explained AB009 allowances for property-line openings: "The window assembly based on the rating of the wall for the occupancy and type of construction must be approved at the minimum would be 60 minutes in 1 hour," and added that in R-2 occupancies sprinkler protection is required for openings close to a property line.
DBI and the permit holder provided revised drawings and a structural engineer's letter indicating header and shear-wall work, and DBI told the board it would require further plan-check review. The board conditioned approval on submission and DBI approval of revised plans and made a specific carve-out: one large living-room window in Unit 448B - which sits adjacent to a permitted roof deck on the neighboring property - may require corrective action or be addressed at DBI's discretion to ensure compliance with AB009 and the declaration-of-use limitations recorded on the property.
Commissioners emphasized that the permits would not be final until DBI completed structural and fire-safety review and that sprinkler permits would be separate. The board voted to grant the appeals and issue special-conditions permits requiring revision and DBI approval.
The decision allows tenants and the permit holder to proceed with required revisions and DBI inspections; DBI indicated it may require a parapet or other corrective measures for openings that are closer than code permits when a roof deck exists next door.
