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Board of Appeals decisions: continuance, jurisdiction denial, permit outcomes and zoning appeal denied (Oct. 28, 2015)
Summary
At the Oct. 28, 2015 San Francisco Board of Appeals meeting the board continued one appeal to Nov. 4, denied a jurisdiction request for 6665 San Jose Ave, upheld a wireless box permit by default, adopted revised plans for 221 Fifth Ave, and denied a zoning appeal for 650 Andover St.
The San Francisco Board of Appeals took multiple procedural and substantive actions at its Oct. 28, 2015 meeting.
Continuance: The board granted a requested continuance of item 8 (appeal no. 15‑1570, 287 Cresta Vista) to Nov. 4, 2015 to allow parties time to pursue settlement. Commissioner Frank Fung moved and the board carried the motion unanimously with one commissioner absent.
Jurisdiction request denied: On an agenda item concerning 6665 San Jose Avenue (permit #201505216937) the board considered a jurisdiction request filed Aug. 10, 2015 about removal of unauthorized ground‑floor dwelling units. Planning Department staff (Scott Sanchez) told the board neighborhood notification under Planning Code §3.11 is required only for the removal of legal dwelling units; DBI (Joe Duffy) confirmed no active complaints and that the permit appeared properly reviewed. Neighbor Tyrone Whitehorn stated he did not receive notice. After deliberation the board denied the jurisdiction request 4–0.
Wireless permit (NextG/Crown Castle): The board reviewed materials regarding a wireless box permit issued 07/30/2015 to NextG Networks of California (permit for personal wireless service facility). Department of Public Works provided revised notice procedures; Crown Castle/NextG counsel Martin Feinman argued the permit complied with Public Works Code article 25 and that federal law (Title 47 U.S.C. §332) precludes denial based on RF‑emission concerns. A motion to grant the appeal and deny the permit on notice grounds resulted in a split vote and failed; absent a majority to overturn, the permit remained upheld by default.
221 Fifth Avenue: Parties reported they had resolved differences and submitted revised consolidated plans dated 10/21/2015. Planning and DBI staff confirmed the revised plans were code‑compliant and DBI/DPW will inspect for any encroachment issues; the board voted to grant the appeal and adopt the revised plans.
650 Andover Street zoning appeal denied: Appellants argued the ground floor at 650 Andover had long been used for community meetings and should be considered a commercial/community facility. Planning Department staff produced a 1993 letter and a recorded notice of special restrictions on the deed indicating the ground floor had been converted to residential and that the nonconforming commercial use expired. The board moved to deny the appeal on the basis the Zoning Administrator did not err or abuse discretion; the motion carried 4–0.
The board adjourned with no further business.
Votes at a glance: continue item 8 to 11/04/2015 (carried); deny jurisdiction request for 6665 San Jose Ave (4–0); reduce DBI penalty for 39 Raymond Ave (see separate item); failed motion to overturn NextG permit (tie, permit upheld by default); adopt revised plans and issue permit for 221 Fifth Ave (carried); deny appeal for 650 Andover Street (4–0).
No additional scheduling or enforcement timelines were set publicly at the meeting for these items; in cases involving permits and notices, staff advised the standard administrative and inspection follow-up procedures apply.
