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Board Revokes Demolition Permit for 445 Amazon Ave., Citing Failure to Provide Tenant Notice
Summary
The Board of Appeals granted Maria Davalos's appeal and revoked a Dec. 15, 2015 DBI demolition/alteration permit for 445 Amazon Ave., finding the tenant was not properly noticed under new planning and building code requirements; the motion passed 5-0.
The San Francisco Board of Appeals on Feb. 17, 2016, granted an appeal by tenant Maria Davalos and revoked a demolition/alteration permit issued Dec. 15, 2015, to property owner Paul Sam for 445 Amazon Ave., concluding the tenant had not been given the notice now required by recently enacted law.
Ry Murphy, representing the tenant, argued the permit application omitted that people were living in the unit and said the demolition permit appeared to be used to remove or displace tenants. Structural engineer Pat Buskovich told the board the permit raised two fundamental issues: the new notice requirements that apply to unit removal and the need for a Certificate of Final Completion (CFC) and related permits when work affects a full bathroom or other elements that change unit status.
Scott Sanchez of the Planning Department told the board that ordinance 208-15 amended the planning code (adding subsection g to section 311) to require both written and posted notice for removal of units, including unauthorized dwelling units; that amendment became effective Jan. 8, 2016, before the hearing. Because this hearing is de novo, Planning recommended applying the law of the day and reversing the permit to allow reapplication with proper notice.
DBI Inspector Joe Duffy said the permit was issued over the counter and that plans were on file, but he noted uncertainty whether the downstairs bathroom and partitioning had prior permits and suggested additional records checks may be needed. Permit-holder counsel Andre Sanchez insisted the owner purchased the property intending to make it his primary residence and that pre-notification had been provided to the tenant and her counsel.
After deliberation, Commissioner Anne Lazarus moved to grant the appeal and revoke the permit on the basis that the tenant was not properly noticed under the current law; the board voted 5-0 to grant the appeal and deny the permit. The board directed that the permit holder follow the current notice and permitting requirements if he reapplies or otherwise seeks to make changes affecting dwelling units.
The order revoking the permit will be entered by the board; DBI and Planning staff said the permit should be re-filed and noticed under the current code if the owner seeks to pursue demolition or legalize the downstairs space.
