San Francisco’s Board of Appeals has reversed their December decision which had required the previously approved five-story project at 1050 Valencia Street to remove a full floor and three units in order to move forward with development
As we first reported last month which led to the reversal this week:
With San Francisco’s Board of Supervisors having narrowly upheld the Planning Department’s approval for the five-story development at 1050 Valencia Street to rise, a subsequent appeal of the project’s building permits resulted in 5-0 vote by San Francisco’s Board of Appeals to issue the permits, but under a couple of conditions, including that the developer only build four stories rather than five as approved.
The problem for the Board of Appeals, they might have overstepped their legal bounds.
Following their public meeting, the Board of Appeals will move behind closed doors this evening to meet with legal counsel in anticipation of having to defend against litigation. The likely action would be based on the California Housing Accountability Act which prevents local agencies from reducing the density of code-complying residential projects.
Apparently counsel was convincing and the developer’s argument sound as the Board voted 4-0 to reverse their previous decision and allow 1050 Valencia to rise a full five floors, the height for which the parcel is zoned. That being said, attached to the Board’s ruling was a mandate that the project be redesigned with the fifth floor setback from the street.