Commission approves removal of unauthorized dwelling unit at 400–402 Murray St., 7–0

The Planning Commission unanimously approved a conditional use authorization on Aug. 1 to remove an unauthorized dwelling unit (UDU) at 400–402 Murray Street in the Bernal Heights Special Use District.

Planning staff presented a short report: the property is a three-story building with two legally permitted dwelling units and a lower-level garage that had been converted into an unauthorized unit. Staff said the UDU was not currently occupied and that, in the prior decade, the space had only housed a close relative once (Feb–Dec 2017). The department concluded the project is consistent with the general plan and recommended approval.

Project sponsor Michael Hanna (Mimic Architecture) described a long enforcement history and significant professional fees borne by the owners; he characterized the unit as a poorly lit garage-level space where family members briefly lived and said the owners sought restoration rather than legalization. Hanna called the case an example of "the weaponization of the very important, successful ADU and authorized unit legislation" and described the owners' confusion and costs in navigating enforcement and legalization.

Commissioners asked clarifying questions to confirm there had been no evictions tied to the UDU and that occupants had been family members. Vice President Moore moved to approve with conditions; the motion was seconded and passed unanimously, 7–0.

Next steps: staff will prepare final permit conditions and the applicant may proceed with work to remove the unauthorized facilities and restore the garage to parking use as approved.