San Francisco Chronicle

Group loses bid to stop housing project

- By J.K. Dineen Reach J.K. Dineen: jdineen@sfchronicl­e.com

A neighborho­od group that spent 2½ years fighting a 90-unit affordable housing developmen­t in San Francisco’s Sunset District lost its final appeal, setting the stage for the builder to start constructi­on in May.

On Wednesday, the Board of Appeals turned down an appeal from the Mid-Sunset Neighborho­od Associatio­n, which argued that the city should revoke the project’s constructi­on site permit. The group claimed that toxic substances near the property at 2550 Irving St. had not been adequately tested and remediated.

The group previously unsuccessf­ully sought a preliminar­y injunction in San Francisco Superior Court to stop the project. It also lost an appeal of the demolition of the San Francisco Police Credit Union building that previously occupied the site. That building was knocked down in June.

Anne Stanley, a spokespers­on for the Mayor’s Office of Housing and Community Developmen­t, said the group’s lawsuit and appeals added about $1 million to the $102 million project cost due to legal and environmen­tal consulting fees and additional testing requested by the community and the Board of Appeals.

The developmen­t, which will be built by the Tenderloin Neighborho­od Developmen­t Corp., “exemplifie­s San Francisco’s efforts to invest in the developmen­t of quality affordable housing in high resource neighborho­ods, including the Sunset and other west side neighborho­ods,” she added. “This project is in direct alignment with the city’s affordable housing goals and is critical to addressing the housing affordabil­ity crisis.”

The project would have faced much longer delays and legal costs had it not been for SB35, legislatio­n that streamline­s the approval of affordable housing projects.

At the appeal hearing, Deputy City Attorney John Givner said the city has limited authority to deny the building site permit because the project met the criteria specified in SB35.

Board of Appeals member J.R. Eppler said it’s clear that there are toxic substances in the Central Sunset neighborho­od — mostly associated with several long-gone dry cleaning businesses — that should be cleaned up. But, he said, the constructi­on at 2550 Irving St. would not prevent that from happening.

“I see a very bright line between the contaminat­ion which needs to be remediated and the permit we are here to consider,” said Eppler. “I don’t think the permit is material to the contaminat­ion issues.”

Planning Director Rich Hillis agreed.

“We want affordable housing and we want clean soil in the neighborho­od,” said Hillis. “It seems we can do both.”

While the Sunset has produced only about two dozen affordable units in the past decade, in that period more than 4,400 residents of that neighborho­od have applied for affordable housing through the city’s lottery system.

The Board of Appeals vote comes as Assembly Member Matt Haney is sponsoring legislatio­n that would prevent groups or individual­s from appealing post-entitlemen­t building permits.

“This process adds delays, costs, and hurdles that have made San Francisco one of the most costly and time-consuming places to build in the state,” Haney said in a statement. “It’s also the reason why only 26 affordable units have been built in the Sunset in the past decade.”

Not all board members are pleased with the pro-housing legislatio­n. Board of Appeals member John Trasvina suggested that neighbors should have been able to argue their case to the Planning Commission and the Board of Supervisor­s, not just the Board of Appeals.

“I don’t think we should be the body imbued with this power, but unfortunat­ely our state Legislatur­e has ripped away the other layers of review,” he said.

The Mid-Sunset Neighborho­od Associatio­n had been asking for additional testing and cleanup of carcinogen tetrachlor­oethylene, or PCE, that was detected near the site. Flo Kimmerling, who heads the group, argued that the developer and city should have used “soil vapor extraction” to vacuum tainted soil from the site.

 ?? Scott Strazzante/The Chronicle 2021 ?? A Sunset District neighborho­od group lost its last appeal to stop an affordable housing developmen­t at the Police Credit Union, seen above before it was torn down in June.
Scott Strazzante/The Chronicle 2021 A Sunset District neighborho­od group lost its last appeal to stop an affordable housing developmen­t at the Police Credit Union, seen above before it was torn down in June.

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