Board of Appeals approves revised plans and authorizes permit for 45–49 Bernard Street amid neighbor objections

The San Francisco Board of Appeals on May 29, 2024 voted 5–0 to approve revised plans for work at 45–49 Bernard Street and to authorize issuance of the related building permit, after city planning and building officials told the board the updated submittal met code requirements.

The revised permit package, submitted May 22, covers seismic soft-story foundation work, interior reconfigurations and modest rear additions that the permit holders say restore a roof deck and comply with current rear-yard and private-open-space rules. Zoning administrator Corey Teague told the board the Planning Department performed a formal review and determined the plans achieve the minimum 100-square-foot private open-space requirement for each unit and are consistent with the planning code.

Acting Building Inspector Kevin Birmingham, appearing by Zoom, said DBI and the plan checkers found the revised plans comply with the instructions from the April 3 hearing and with applicable code; he added one minor plan-check note that a firewall on the west wall around the spiral stair should be extended 30 inches above the roofline in the construction drawings.

Opponents, represented by attorney Scott Embolich, argued the plans before the board were materially different from the version reviewed by the Planning Commission. "The plans before you show an unobstructed rear yard of only 13 feet 6 inches in depth," Embolich said, and "the plans before you show a building height of 31 feet 6 inches," which he said exceeded the 15-foot setback and 30-foot height that had been discussed previously. Embolich said the sponsor was counting a metal fire escape as usable open space and urged the board to require the earlier plans or require sprinklers instead of a fire escape.

Neighbors and tenant advocates made similar points during public comment. Sue Jeong of the Tenderloin Chinese Resident Association said the project sponsor had submitted multiple plan versions and that the current plans reduce shared open space used by elderly tenants. Teresa Flandrich of the North Beach Tenants Committee urged a relocation plan that prioritizes the senior tenant and preferred a sprinkler system instead of a drop-down fire-escape ladder. "We don't want to be removed from the neighborhood," Flandrich said, urging protection of existing tenants.

Several commissioners expressed regret about the lack of early neighborhood outreach and the fraught process. Commissioner Rick Swig said the lack of communication had “made people angry,” but added that Planning and DBI had told the board the plans are code-compliant. Swig moved to approve the revised plans and authorize permit issuance on the condition that the permit holders adopt the plan submitted May 22, 2024; the motion carried 5–0 with President Jose Lopez, Vice President Alex Lemberg, Commissioners John Trezvina and JR Epler joining Swig in the vote.

The board’s action directs the standard plan-check process to verify required drawing revisions (including the noted firewall detail) before permit issuance. The hearing record shows disagreement about how much rear-yard depth and private open space the revised plans provide and whether a fire escape should count toward usable open space; the board’s decision relied on Planning and DBI’s compliance findings rather than on the neighborhood’s requests.

Next steps: the permit holder will proceed through DBI plan check and must incorporate the fire-wall detail noted by DBI; opponents indicated they may pursue further administrative options if they believe the final permit or construction deviates from what was approved.