Board upholds Oakdale alteration permit but orders soil testing and neighborhood notice after contested demolition

The San Francisco Board of Appeals on Jan. 9 upheld the Planning and Building Department’s alteration permit for 2065 Oakdale Avenue but imposed conditions after residents and the Bayview Office for Community Planning said the work carried out there last fall amounted to an unpermitted demolition that created dust hazards and neighborhood disruption.

Dozens of neighbors described heavy dust, trucks on sidewalks and missing traffic and dust controls during October 2012 demolition work at the former dairy site, and urged the board to revoke the alteration permit and require a full Form 6 demolition permit. “There were tractors that came in out of nowhere and a mass demolition — no signs, no personnel flagging pedestrians,” said neighbor Earl Shaddix, speaking during public comment.

Department of Building Inspection (DBI) and Planning officials told the board their records show the portion of the structure removed was an addition permitted in 1963 and that a partial-demolition/alteration (Form 8/Form 3) permit was therefore the appropriate vehicle. DBI inspector Patrick O’Riordan said his office issued correction notices and notices of violation and posted a stop-work placard after receiving complaints; he said the contractor obtained an asbestos-related J permit and removed razor wire from the site. Planning’s Scott Sanchez said a 1963 certificate of final completion supports the department’s view that the work was an alteration rather than a full demolition.

Recognizing community concern about health and safety, the board adopted a motion to uphold the permit conditioned on three items: the permit holder will (1) provide neighborhood notice for new permits affecting the site to owners and occupants within 300 feet, (2) arrange certified professional on-site soil testing with results provided to the appellants and DBI, and (3) accept that the board suspension of the permit will not be lifted until DBI reviews and signs off on the testing results. The notice condition was set to end in five years or earlier if the Planning Department adopts a different requirement. Commissioner Lucado made the motion; the board voted 4–0 to approve the permit with conditions.

The board also asked the permit holder to agree voluntarily to additional outreach practices and to coordinate with agencies. The owner’s counsel and the contractor pledged to have testing done and to provide results to DBI and appellants; DBI asked for testing from a certified laboratory and recommended professional stamps and signatures on the report.

Neighbors pressed for additional remedies, including return of a historic Berkeley Farms milk-bottle sign, fines and civil enforcement; the board did not order replacement but noted the owner had offered to attempt to repair or replace signage and that sign restoration would require separate review under the city’s Vintage Sign Ordinance.

The board’s decision keeps intact the alteration permit while adding requirements DBI and Planning will use to assess whether additional enforcement or remediation is needed. The DBI case remains open with notices of violation and a director’s hearing scheduled for subsequent enforcement actions. The board’s suspension will be removed only after DBI reviews the certified soil testing results and determines there are no outstanding health or safety issues.