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Board upholds demolition/new-construction permits for 65320 Eighth Street after contested ADU and demolition appeals
Summary
The Board denied appeals against permits authorizing demolition and construction of a new single-family home and an accessory dwelling unit (ADU) at 65320 Eighth Street, finding planning and DBI reviews met code despite neighbors' concerns about massing, geotechnical issues and whether an ADU may be conditioned for a non‑existing building.
The Board of Appeals denied appeals to demolition and new-construction permits at 65320 Eighth Street and upheld the planning commission’s discretionary-review outcome, concluding the department followed code and that required geotechnical and shoring submissions were in place for DBI review.
Appellants raised two central claims: that an appellant’s existing dwelling should not have been approved for demolition under the "price‑out" affordability exception and that the commission erred by conditioning an ADU for a building that did not yet exist. Appellant David Tong and representative speakers also urged reduced massing, elimination of a roof deck and protection of rear-yard privacy.
Planning staff and the project sponsor said the project had been revised in response to the commission’s direction, including a reduction in height, addition of stepped setbacks and an explicit condition that the ADU must be permitted and completed within six months of final completion of the new house or be referred to code enforcement and the planning commission.
DBI and the project team described geotechnical reports, shoring plans and survey commitments; DBI said a shoring permit is filed and is being held pending appeal outcome. After extensive public and party testimony and two rounds of deliberation, a commissioner moved to deny the appeals and uphold the permits "on the basis they were properly issued," and the motion passed.
The board recorded that the planning commission’s condition requires the permit holder to file for the ADU and complete it within a specified deadline; failure would trigger enforcement procedures including referral to planning commission for discretionary review.
