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Board of Appeals denies jurisdiction request from El Nino Training Center over late notice-of-violation appeal
Summary
The San Francisco Board of Appeals voted 4–1 to deny a jurisdiction request from the El Nino Training Center at 1501 Tennessee St, finding the requester missed the 15-calendar-day appeal deadline for a July 22, 2020 notice of violation that cites the gym use as unlawful in a PDR-1G district.
The San Francisco Board of Appeals on Sept. 2 denied a jurisdiction request from the owner/operator of El Nino Training Center, which asked the board to hear an appeal of a notice of violation saying the gym use is prohibited at 1501 Tennessee Street.
The requesters’ representative told the board the appeal was submitted late because of COVID-era staffing problems and asked the board to take jurisdiction so the substantive arguments could be heard. Owner Gilbert Melendez said the gym has operated at the location for about nine years and provides neighborhood jobs and services.
Planning Department Deputy Zoning Administrator Scott Sanchez told the board the notice of violation (No. 2019016112, issued July 22, 2020) followed a prior letter of determination and enforcement that found a gym use is not permitted in the site’s PDR‑1G zoning. Sanchez said the requester appeared to have misunderstood the timeframe (15 calendar days vs. 15 business days) and that no city error justified extending the appeal period.
During questions, commissioners pressed the applicant on what efforts had been taken since the 2017 change in zoning that prohibited gyms in PDR districts, whether the business had sought permits at the time of establishment, and whether the property owner had been notified of text‑amendment changes. Planning staff said a legislative fix (Board of Supervisors action) would be the only way to legalize the use now if a permit was never obtained.
Commissioner Rick Swig moved to deny the jurisdiction request on the ground the city did not inadvertently or intentionally cause the filing to be late. The motion carried 4–1 (Vice President Darryl Honda recorded the lone nay). The board did not hear the underlying merits of whether the use could be legalized, and staff noted the path forward for the owner would be legislative action or to cease the use at that location.
Next steps: The board’s denial leaves enforcement and code options to the property owner, who was told the only likely remedy would be to pursue a code change via the Board of Supervisors or cease the gym use at that address.
