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Board denies rehearing on High Street permit despite independent engineer’s report

Board of Appeals, San Francisco City · June 17, 2009
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Summary

The Board of Appeals declined two rehearing requests for 2650–2652 High Street after counsel presented an independent engineering report alleging code and excavation deficiencies; a motion to rehear failed 2–3.

The San Francisco Board of Appeals considered two rehearing petitions for properties at 2650–2652 High Street and denied them after debate over newly submitted engineering analysis.

Attorney Robert Shepherd, representing appellants including Ellen Seng and the Caravarza Trust, argued the submissions included a new independent engineering report by Charles Ng that flagged multiple technical concerns. Shepherd told the board the engineer found the project relied on obsolete 2001 code standards rather than more recent 2007/2008 California building codes and estimated soil removal “over 3,000 cubic feet or 111 cubic yards,” exceeding the 50-cubic-yard threshold that typically triggers additional permitting scrutiny.

Opposing speakers, including one who identified himself as Mr. Butler, countered that the item before the board was a two-page façade/clarification permit and that many of the report’s criticisms related to a separate garage permit not currently before the board.

Department of Building Inspection Deputy Director Laurence Kornfield confirmed that the project does involve more than 50 cubic yards of soil and therefore requires a permit, but he emphasized that some issues raised in the report relate to other permits and that the addenda containing detailed structural documents are not appealable separately.

Commissioner Goh moved to grant a rehearing based on the new engineering evidence; the motion failed on a 2–3 roll call. The rehearing requests were denied and notices of decision and order will issue.