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Board upholds suspension of Smart Cycle Recycling permit at Tenth and Harrison
Summary
The Board of Appeals upheld a zoning administrator suspension of an over‑the‑counter permit for Smart Cycle Recycling at 405 Tenth Street, finding the application represented a new use that required Planning Code section 3.12 neighborhood notification and that unpermitted work and safety concerns warranted suspension; vote 5–0.
The San Francisco Board of Appeals on July 16 upheld a suspension of a building permit for a proposed Smart Cycle Recycling drop‑off location at 405 Tenth Street, sustaining the zoning administrator’s determination that the over‑the‑counter approval was issued in error because the change to a public recycling collection use triggers Planning Code section 3.12 neighborhood notification.
Jay Houghton, counsel for Smart Cycle Recycling, told the board the company had relied on planning‑department staff guidance and entered a five‑year lease; Houghton warned the suspension would cause substantial economic loss and said the applicant relied on in‑office staff determinations. “If the permit is suspended Smart Cycle will incur well over $300,000 in damages,” Houghton said, arguing equitable reliance and vested rights.
Planning Department staff (Scott Sanchez) told the board the project as represented appears to constitute a change of use from a vacant/parking lot to a public recycling collection center and therefore would require neighborhood notification under the planning code. Sanchez and DBI staff pointed to apparent unpermitted on‑site work (including pole installations) and at least one Code Enforcement notice of violation. Several residents testified about repeated near‑misses and collisions at the Tenth/Harrison intersection and urged the board to uphold suspension on public‑safety grounds.
Several commissioners said the over‑the‑counter permit record was incomplete and that staff should have flagged a change‑of‑use application for Planning review. The board voted 5–0 to uphold the zoning administrator’s suspension to allow Planning and DBI to review the use and any outstanding violations; the suspension pauses permit work while the department completes neighborhood notification and any required discretionary review.
