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Commission approves conditional use authorization to legalize work at Noe Valley property after enforcement review
Summary
The Planning Commission granted a conditional use authorization to legalize work at 3790‑3792 (Noe Valley) after staff found construction exceeded thresholds for section 3.17 (tantamount to demolition); new owners said they were unaware of prior violations and have cooperated with staff.
The commission voted Jan. 12 to approve a conditional use authorization (CUA) for a two‑unit dwelling at 3790‑3792 20th/Noe Street in Noe Valley after staff concluded prior construction exceeded the thresholds in section 3.17, effectively a de facto demolition.
Jeff Horn of the planning department reviewed the site’s lengthy history: building permits and a design review process in 2015–2016, construction complaints to the Department of Building Inspection during the buildout, and a certificate of final completion in March 2021. Planning enforcement opened a complaint in December 2021 concerning a unit merger and alterations that exceeded the approved scope.
Project counsel Tara Sullivan and owners Sachin and Manjiri Bavishi said the current owners purchased the property in 2022 and were unaware of prior work; they have worked with staff to propose corrections. The owners agreed to restore sidelights and add a window to the first floor consistent with earlier planning direction.
Neighbors and preservation advocates urged careful findings and stronger prevention measures to deter similar incidents in the future. Commissioners acknowledged frustration with past enforcement gaps but emphasized that the record showed the prior violations occurred under previous ownership; conditions were shaped to restore unit separations and required alterations identified by staff.
The commission approved the CUA with conditions and recorded a unanimous 7‑0 vote.
