Board upholds release of suspension at 731–735 Commercial St., requires recorded NSR

The San Francisco Board of Appeals on Oct. 26 upheld the zoning administrator’s amended request to release a suspension on permits for 731 and 735 Commercial Street but attached a condition that a Notice of Special Restrictions (NSR) be recorded on the land records.

Appellant Jason Bly told the board he supported an agreement that would restore the building’s facade but objected to language giving a single official the unilateral power to remove an agreed restriction. Bly said a prior draft gave the zoning administrator authority to remove the restriction and proposed adding language to protect a private party who might incur legal fees enforcing the agreement.

Permit sponsor Mel Lee and planner Scott Sanchez said planning staff worked with parties to pare down a draft restriction; Sanchez said planning and DBI reviewed the permits and that proposed language was intended to reflect the parties’ agreement. The permit sponsor presented three draft versions; the board voted 4–0 to accept the late submittal for consideration.

Vice President Garcia moved to grant the appeal (uphold the release of suspension) on condition that an NSR be recorded identifying the board as imposing it and that the NSR include the language in the planner’s amended version up to the enumerated paragraph 2 (striking the final paragraph). The motion passed on a 4–0 vote.

The board directed staff to authorize any needed stylistic edits to the NSR so it conforms with the city’s standard recorded format. The parties may still privately record additional agreements, but the board’s action makes a public, recorded NSR the condition of releasing the suspension.

What happens next: the NSR will be recorded with language agreed by the parties and the zoning administrator; any future request to remove the NSR would require a board action that could be appealed in the normal process.