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Board Upholds Zoning Administrator’s Letter on 350 Beach Street Parking Restrictions
Summary
The Board of Appeals on March 3, 2010, upheld the Zoning Administrator’s Letter of Determination, rejecting an appeal that sought to release 350 Beach Street from recorded parking restrictions tied to an earlier variance and conditional use; the board voted 3‑1 to uphold the letter of determination.
The San Francisco Board of Appeals voted 3‑1 to uphold a zoning administrator letter that affirmed recorded parking restrictions for 350 Beach Street, rejecting an appeal from an owner who sought release from notices of special restriction (NSRs) tied to historical approvals.
Appellant counsel Alan Lowe argued the 1983 notice of special restriction (NSR) clarified prior documents and contained a termination clause that should free 350 Beach from its obligation to reserve stalls for the adjacent Savella/Sabella building after a restaurant use ended. Lowe said the 1983 document was “the last document to speak on the subject” and that the restaurant use had been abandoned.
Planning Department staff Scott Sanchez urged the board to uphold the 1965 variance and the 1971 conditional‑use requirements as still in effect. Sanchez told the board the 1965 variance established parking obligations that "run with the land" and that the 1983 materials were tied to a project that was never built; he said the department’s record shows the parking requirements should be maintained at a level of at least 55 spaces for the Sabella building.
Real‑party counsel Diana Saka for the Sabella family emphasized that the foundational 1965 instrument committed 350 Beach for parking “in satisfaction of the off‑street parking requirements,” cited San Francisco Planning Code Section 15.151 as relevant background, and warned that removing that servitude would eliminate longstanding rights that had run with title for decades.
After extensive questioning and debate about whether the 1983 NSR terminated the dedication and whether the zoning administrator had power to impose a termination provision, President Peterson moved to uphold the Letter of Determination. The motion carried 3‑1 with Commissioner Goh dissenting and Commissioner Fung absent.
Outcome: The Board upheld the zoning administrator’s letter of determination; 350 Beach remains subject to the existing recorded parking obligations. The board did not order the removal of recorded NSRs; any party seeking different relief could pursue a variance or other planning options as described by staff.
