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Board upholds Planning Commission on 88 Arkansas unit-mix exception; denies appeal
Summary
The Board of Appeals denied an appeal by Potrero Boosters challenging a Planning Commission approval of a large project at 88 Arkansas Street that included a unit-mix exception allowing nested-bedroom layouts to count toward two-bedroom units. The board found no abuse of discretion in the commission’s application of the current code and adopted the commission's environmental findings.
The Board of Appeals denied an appeal by the Potrero Boosters Neighborhood Association challenging the Planning Commission’s large-project authorization for a 127-unit residential development at 88 Arkansas Street. The central issue was whether nested-bedroom configurations — interior bedrooms that open to living rooms rather than having independent exterior walls — may be counted toward the Eastern Neighborhoods plan’s two-bedroom unit requirement.
Appellants argued that a 2015 planning-code amendment inadvertently removed the variance/exception criteria that previously applied to large projects and that, under the prior statutory framework, the more stringent variance findings should still govern. JR Eppler for the appellants urged the board to harmonize the code and to apply variance standards to unit-mix exceptions for large projects.
Project counsel (Andrew Junius) and Planning Department staff responded that the code in effect at the time of the commission’s March 3 action did not require specific 305(c) variance findings for the unit-mix exception, and that the Planning Commission had made sufficient record findings under the current 03/29 procedures. Planning staff noted they intend to correct and clarify code language legislatively.
After hearing extensive testimony from both sides and public commenters — including families and neighborhood advocates who emphasized the importance of two-bedroom units near Jackson Playground — the board concluded the Planning Commission did not abuse its discretion in applying the law in effect at the time and denied the appeal. The board adopted the Planning Commission’s environmental findings as part of the record.
