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Board holds jurisdiction request on 1049 Market St. until related court proceedings return to board

San Francisco Board of Appeals · May 18, 2016
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Summary

A late jurisdiction request about a 2013 DBI permit for 1049 Market Street — alleged to have mischaracterized removal of rent-controlled units — was continued to the call of the chair while related superior court proceedings play out.

The Board of Appeals took up a jurisdiction request on a long-running matter at 1049 Market Street, where requesters allege a 2013 building permit failed to disclose the removal of rent-controlled units. Requesters argued the omission prevented required planning and tenant-notice reviews; the permit holder argued the request for late jurisdiction is untimely.

Planning and DBI staff described the permit wording and suspension history and said the permit remains suspended. Given ongoing litigation in Superior Court and the narrow remand direction from the court, the board voted to continue the jurisdiction request to the "call of the chair" pending the return of the related appeal to the board.

The continuance means the board will not decide the jurisdiction request until the court matters are resolved or the related appeal is remanded back to the Board of Appeals for further action.