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Board of Appeals rules on multiple permit appeals; overturns tree denial, continues noisy rooftop case
Summary
At its Aug. 23, 2017 meeting the San Francisco Board of Appeals overturned a street‑tree removal denial with settlement conditions, took several other appeals (minutes, plan‑set disputes, permits) and continued a disputed rooftop dining case at 25 Lusk to Sept. 27 to allow review of a new noise report and revised plans.
The San Francisco Board of Appeals heard a full docket on Aug. 23, 2017 and issued several rulings on permits and appeals.
The board voted 4–1 to grant an appeal overturning the Department of Public Works’ denial of a tree‑removal permit at 102 Baker Street. Urban Forester Chris Buck told the board a suitable replacement location was identified and provided the appraisal and mitigation terms the appellants offered: an appraised value of $10,700 for the removed magnolia, an agreement by the owners to pay that amount, and an additional $4,300 pledged for neighborhood plantings; the board approved the tree removal subject to the settlement conditions.
The board also resolved a procedural dispute over missing plan sheets for two appeals related to 407 A Thirtieth Street. Planning staff located a third sheet late in the review; after arguments from appellants and the permit holder, the board granted the appeals insofar as necessary to allow incorporation of the missing sheet into the official plan set and confirmed the permit as properly issued.
Other roll calls and outcomes:
- Minutes (08/16/2017): Adopted (motion by Commissioner Lazarus), carried 5–0. - Item 6 (rehearing request, 473 Haight Street): Denied; board found no new and significant information, vote 5–0. - Item 8 (1565 Eucalyptus Drive variance request for a second garage opening): A motion to overturn the zoning administrator failed to secure the required four votes (motion 3–2), so the appeal was denied by default. - Item 9 (2010 20 Third Avenue permit): Permit upheld; appeal denied 5–0. - Item 10 (153 Clipper Street permit): Permit upheld after hearing on historic and privacy concerns, appeal denied 5–0. - Items 11A/11B (310 Duncan Street): The board denied the owner’s appeals and upheld the Zoning Administrator’s enforcement and suspension requests regarding an alleged merger/reduction of a rent‑controlled unit.
Why it matters: several of the actions affect neighborhood character and enforcement practice — tree protection and replacement value, the administrative record for plan sets, and how the city handles alleged unit mergers of pre‑1979 housing that may be subject to rent control.
What the board ordered next: in multiple matters the board required written conditions or revised plan submissions (for example, the 407 A Thirtieth sheet incorporation), and it left open the usual enforcement and permit‑compliance remedies where the board affirmed a department finding.
Votes at a glance (selected): - Item 4 (102 Baker Street tree removal): Appeal granted; overturn department denial with conditions (vote recorded 4–1: Vice President Frank Fung — Aye; President Daryl Honda — No; Commissioner Lazarus — Aye; Commissioner Wilson — Aye; Commissioner Swig — Aye). - Item 5 (407 A Thirtieth Street): Appeal disposition to allow third page addition; motion carried 5–0. - Item 6 (473 Haight rehearing): Denied, 5–0. - Item 8 (1565 Eucalyptus Drive variance): Motion to grant failed 3–2; appeal denied by default. - Items 9 & 10 (2010 Third Ave; 153 Clipper): Permits upheld, appeals denied 5–0. - Items 11A/11B (310 Duncan): Appeals denied; board upheld the Zoning Administrator’s enforcement findings.
The board did not adopt new city policy at this meeting, but several decisions — particularly the conditional overturning of the tree‑removal denial and the enforcement outcome in the 310 Duncan matter — clarify how staff and the board will approach mitigation, replacement value, and historical unit counts in future appeals.
