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Board Overrules Zoning Administrator on Inclusionary-Housing Notice for 3099 Second Street
Summary
The Board of Appeals overturned the zoning administrator's interpretation that an NSR required inclusionary housing on a subdivided lot, in a case that focused on whether Planning Code section 3.15 could be applied retroactively to an owner who purchased one subdivided parcel.
The Board of Appeals voted to overrule a zoning administrator's determination about whether Planning Code section 3.15 (inclusionary housing) applied to a subdivided lot at 3099 Second Street. The appellant argued the subdivision and subsequent sale created an arms-length purchaser who had no notice of a notice of special restriction (NSR); commissioners debated whether applying 3.15 in this circumstance would amount to an unfair retroactive burden.
Commissioners discussed legal principles including retroactivity and takings. One commissioner summarized the case as hinging on whether a later-applied NSR should burden a purchaser who lacked notice. The board ultimately voted to overturn the ZA's determination, effectively removing the NSR-based inclusionary requirement for that parcel in this decision.
Vice President Michael Garcia moved to overrule; the motion carried after roll call. The Board scheduled adoption of written findings at a later date.
