Board of Appeals upholds notice of violation at 1465 Oakdale Avenue

The San Francisco Board of Appeals denied an appeal by property owner Rafael Garcia Sanchez and upheld a planning notice of violation for 1465 Oakdale Avenue, voting 4–0 on Sept. 11.

Deputy Zoning Administrator Tina Tam told the board that city records and a July 2023 task-force inspection show the 1926 property has been illegally converted from its authorized single-family use to five dwelling units — one lawful unit and four illegal units — and that inspectors found multiple building, plumbing, electrical and housing-code deficiencies. Tam said the department is requesting denial of the appeal on the basis that the acting zoning administrator “did not err or abuse her discretion” in issuing the notice of violation.

The appellant’s representatives said the owner has been unable to obtain reliable access to some units because occupants refused entry and repeatedly called police, which the representatives said frustrated efforts to complete corrective work. As one representative put it, they are “trying to make this legal 4 unit” and reported that planning accepted an application late in the day (project number 2024007578PRJ) to move review into the public-facing queue.

Commissioners cautioned that tenancy disputes are civil matters outside the board’s purview and that eviction or access issues should be pursued in Superior Court, but they emphasized the appeal’s legal standard: the board may overturn a department action only if there was an abuse of discretion or an error. Several commissioners said they sympathized with the owner but found the record showed longstanding violations and insufficient corrective action since a 2014 DBI notice of violation and an uncompleted 2015 corrective permit.

Tam told the board that, in addition to planning-code violations, there are hazards including illegal wiring and plumbing, lack of proper fire construction, inadequate escape windows, infestations and mold. She said there are 15 tenants on site (12 adults and 3 minors) and that the City and County of San Francisco filed a lawsuit against the owner in August 2024 that remains pending in superior court. Planning staff said penalties of up to $1,000 per day are available should a violation persist once the NOV becomes final, although the department said it prefers to work cooperatively if the owner shows progress in good faith.

After deliberation, Commissioner Rick Swig moved to deny the appeal and find that the acting zoning administrator did not abuse discretion; the motion passed 4–0. The denial leaves the notice of violation in place and preserves Planning’s authority to monitor permit filing, review the corrective application and, if necessary, pursue penalties or further enforcement. The owner and his representatives were directed to continue coordinating with Planning and DBI to submit and complete the required permits.