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Board upholds DBI’s shoring permit for 4020 First Street despite neighbors’ safety and notice complaints
Summary
Neighbors appealed DBI’s issuance of a shoring permit for work at 4020 First Street, alleging improper notice and unsafe excavation; DBI and the permit holder said the permit was properly reviewed and included monitoring and an engineer's plan. The board denied the appeals 4–0 and urged documentation and neighbor communication.
The San Francisco Board of Appeals denied two neighborhood appeals of a shoring permit for 4020 First Street on Sept. 11, finding the Department of Building Inspection had properly reviewed and issued the permit.
Adjacent homeowners including Steve Bain and Jason Felipe argued that the permit holder began excavation before proper shoring documentation was in place, that required pre-application neighborhood notices omitted the two most-impacted addresses, and that the permit’s engineer-specified photo documentation and monitoring requirements were not followed. Appellants presented photographs taken May 6, 2024 showing early excavation activity and described a subsequent stop-work and complaint.
Counsel for permit holder Radu Roman, Tom Tunney, said the shoring permit (202406033554) is tied to a 2022 rear-yard permit (202211176788) and to a larger, separately approved planning commission project. Tunney told the board that DBI reviewed the shoring permit, that engineers addressed review comments and that the permit was properly issued. He also said the permit-holder’s team intends to execute the monitoring and photo surveys required by the engineer.
Acting Chief Building Inspector Kevin Birmingham told the board that the permit was submitted in June 2024, reviewed by senior engineers and issued in July 2024 after necessary corrections; he said monitoring points and special inspection requirements are enforceable elements, while interior photo surveys are a recommended engineer safeguard rather than a standalone code requirement. DBI said it responded when the May work was reported and issued stop-work or correction notices during intake and review.
Commissioners acknowledged a breakdown of trust between neighbors and the permit holder and urged the parties to complete agreed documentation (photographic surveys and monitoring points) and to use DBI’s oversight if monitoring shows movement. Several commissioners said they were guided by DBI and Planning’s explanations of the permit-review record and by the distinction between engineer-adopted means-and-methods and core code requirements.
President Jose Lopez moved to deny the appeals after deliberation; the motion passed 4–0. The denial allows the shoring permit to stand. DBI said it will monitor special inspection and monitoring-point compliance and step in if structural movement is detected; commissioners encouraged the permit holder to secure indemnity arrangements and to maintain outreach to adjacent owners.
