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Commission narrowly approves unit‑merger at 3014 California Street to legalize single‑family use

San Francisco Planning Commission · October 4, 2012
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Summary

Facing conflicting department guidance about how to count nearby dwelling units, the commission voted 5–2 to permit a mandatory discretionary unit‑merger that legalizes an existing single‑family configuration at 3014 California Street so the owners can secure financing and remain in the neighborhood.

Matt and Katie Saldo asked the Planning Commission to approve a mandatory discretionary review to legalize their home at 3014 California Street as a single‑family dwelling. Planning staff recommended denial because the project did not meet a majority of the five legal criteria for a unit merger (specifically criteria related to prevailing density and zoning conformity), citing property‑database 3R records and prescribed RH2 zoning that typically allows two units.

The applicants and counsel argued the house originally was a single‑family dwelling, has functioned as a single family for decades and that reconstructing a lawful two‑unit configuration would require substantial, expensive structural work (rear stairs and kitchens), creating an unreasonable burden. Neighbors and the local supervisor provided letters of support emphasizing family stability and the long‑standing single‑family use. Several commissioners raised broader policy questions about longstanding unpermitted conversions across the city and inconsistent counter guidance for applicants.

After extensive discussion about evidentiary methods (3R reports, Sanborn maps, parcel databases and mailbox surveys) and discretionary policy tradeoffs between preserving family housing and conserving rental stock, the commission voted 5–2 to approve the merger and legalize the single‑family use; Commissioners Moore and Wu voted against. The zoning administrator noted that approval remedies a present planning‑code violation and that a decision letter with appeal instructions will be issued.