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Board Upholds Variances for Two‑Unit Project at 639 Peralta Avenue
Summary
After contested testimony from neighbors and the project team, the Board of Appeals upheld the zoning administrator’s grant of three variances for a two‑unit project at 639 Peralta Avenue, finding the administrator did not abuse discretion; vote was 5–0.
The Board of Appeals considered a challenge to the zoning administrator’s approval of three variances for a proposed two‑unit project at 639 Peralta Avenue in the Bernal Heights special use district.
Neighbors objected that the variances relied on neighboring noncompliant buildings, would cause shading and privacy loss, reduce green space and set an undesirable precedent. Doug Kiernan, representing several adjacent homeowners, argued the variances were not justified under California law and repeated concerns about shading, privacy and changes to lot grade and rear-yard open space.
The project architect and the planning department said the team conducted neighborhood outreach, revised some windows to reduce privacy impacts, and designed compact two‑bedroom units with limited massing that comply with Bernal Heights design guidance. Scott Sanchez of the Planning Department summarized the three variances (front setback, rear yard, exposure), explained the 3/11 and variance notice processes and said the planning staff found the five findings required for a variance were satisfied given adjacent property conditions and the site’s topography.
After rebuttals and public comment, commissioners discussed notice, neighborhood outreach and the design-review input from the Bernal Heights East Slope committee. On a motion to uphold the zoning administrator’s decision, the board voted 5–0 to sustain the variances.
Why it matters: The decision allows the developer to proceed with a two‑unit project that planning staff and a design‑review body had considered, and spotlights recurring neighborhood concerns about lot-scale development, loss of green space and rooftop decks in Bernal Heights.
