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Board reinstates review of canceled Funston Ave. permit, directs modifications and retains enforcement record

San Francisco Board of Appeals · December 13, 2023
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Summary

The Board of Appeals reinstated review of a canceled 2021 permit for 1228 Funston Ave., concluding the Planning Commission's prior discretionary conditions required close analysis under the Housing Accountability Act. The board directed Planning staff to reinstate permit review with modified conditions and left remaining enforcement tools intact.

Owners Elena Asturias and Eduardo Paniagua appealed Planning and DBI's cancellation of a 2021 permit to legalize earlier unpermitted work at 1228 Funston Ave. The case drew extended argument over whether the Planning Commission's conditions from a 2017 discretionary review could be read as objective, continuing code requirements under Planning Code 174 and whether the Housing Accountability Act (HAA) prevents…

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