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Board upholds zoning administrators release of suspension for 605 Kearny amid CU expiration dispute
Summary
A long‑running redevelopment at 605 Kearny in Chinatown drew competing claims: appellant Jason Bly argued the conditional use expired, while the permit holder and Planning said delays were reasonable and entitlements intact. The board affirmed the zoning administrators release of a suspension, 4–1.
The San Francisco Board of Appeals on Aug. 18 upheld the zoning administrators decision to release a suspension on a project at 605 Kearny Street after hearing a contested argument over whether the projects conditional use authorization had expired.
Jason Bly, representing neighborhood preservation interests, argued the planning commissions conditional use (CU) included a three‑year expiration clause and that the applicant failed to obtain final entitlements within that period. Bly urged the board to require the project sponsor to seek a new CU or proceed through fresh planning commission review.
Planning department staff and the project sponsor disputed that reading. Planning staff walked the board through the projects long entitlement history: CU application in 2001, environmental review completed in 2004, planning commission CU approval in Feb. 2005, and variance decision recorded in early 2007; the Notice of Special Restrictions (NSR) was recorded in early 2008 and the building permit was issued thereafter. Planning staff argued that, taken holistically, the applicant had ongoing engagement with city departments and that code changes and technical reviews (notably an egress/stairway issue resolved by a 2007 code change) reasonably delayed finalization of entitlements.
The zoning administrator concluded that, given this project history and the timing of necessary variance and NSR recording, the CU remained valid and the suspension could be lifted once the applicant demonstrated compliance with NSR obligations. The board voted 4–1 to uphold the zoning administrators release of the suspension, with Commissioners noting the unusual, multi‑year preservation and code issues that had driven the timeline.
The decision allows the project team to proceed subject to the NSR and any continuing preservation conditions; the appellant signaled ongoing substantive concerns about changes from the planning commissions original authorization and said he intended to seek further outlets to press those claims.
