Board continues 245 Marina permit appeal after planning department and owner disagree
December 07, 2022 | San Francisco City, San Francisco County, California
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The San Francisco Board of Appeals on Dec. 7 continued an appeal by Dr. Pritam Subharwal challenging the planning department’s cancellation of two permits for 245 Marina Boulevard and set a briefing schedule and new hearing date.
Dr. Subharwal, who described long‑running plans to create a rooftop pollinator habitat and garden, told the board he had worked with planners and that new plans were submitted the Monday before the hearing. “I want to present my case here,” he said in his allotted time, arguing department communications and a December 2021 notice of cancellation had left him insufficient opportunity to remedy alleged issues.
Planning department staffer Corey Teague said the department had engaged with the applicant intermittently for more than a decade but that the file showed multiple notices and plan revisions that still failed to resolve substantive code and design problems. Teague told the board the permit as it stood raised several firm code compliance issues—roof structures with habitable space above the height limit, nonconforming front‑bay balconies and compatibility problems with the Marina Historic District that could eliminate reliance on a prior categorical CEQA exemption.
After discussion about whether the 2011 plans remain suitable in light of code changes (including a change to rear yard percentage and other rules), the board voted to continue the appeal to Feb. 22, 2023. The board asked the planning department to provide a three‑page brief outlining the remaining code and design problems and requested the appellant also submit a brief (due Feb. 2). The board also permitted DBI or other department briefings as needed. The continuance motion carried 5–0.
The board’s action preserves the appellant’s opportunity to revise and present documentation while giving staff time to provide a concise list of unresolved compliance items so commissioners can decide whether the cancelled permits should remain cancelled or be revived and revised.
Dr. Subharwal, who described long‑running plans to create a rooftop pollinator habitat and garden, told the board he had worked with planners and that new plans were submitted the Monday before the hearing. “I want to present my case here,” he said in his allotted time, arguing department communications and a December 2021 notice of cancellation had left him insufficient opportunity to remedy alleged issues.
Planning department staffer Corey Teague said the department had engaged with the applicant intermittently for more than a decade but that the file showed multiple notices and plan revisions that still failed to resolve substantive code and design problems. Teague told the board the permit as it stood raised several firm code compliance issues—roof structures with habitable space above the height limit, nonconforming front‑bay balconies and compatibility problems with the Marina Historic District that could eliminate reliance on a prior categorical CEQA exemption.
After discussion about whether the 2011 plans remain suitable in light of code changes (including a change to rear yard percentage and other rules), the board voted to continue the appeal to Feb. 22, 2023. The board asked the planning department to provide a three‑page brief outlining the remaining code and design problems and requested the appellant also submit a brief (due Feb. 2). The board also permitted DBI or other department briefings as needed. The continuance motion carried 5–0.
The board’s action preserves the appellant’s opportunity to revise and present documentation while giving staff time to provide a concise list of unresolved compliance items so commissioners can decide whether the cancelled permits should remain cancelled or be revived and revised.
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