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Board of Appeals declines jurisdictional review of 4400–4402 Pacheco permit
Summary
The San Francisco Board of Appeals denied a request to take jurisdiction over a building permit for 4400–4402 Pacheco St., finding the requester had not shown the city erred in notice. The board noted a revised permit had been filed and could be appealed on its own timeline.
The San Francisco Board of Appeals on Dec. 9 declined to take jurisdiction over a Department of Building Inspection permit for 4400–4402 Pacheco Street, rejecting a neighbor’s claim that city departments had been misled by plans that understate existing conditions.
Steve McDonough told the board that plans approved earlier this year misrepresented existing interior walls, stair locations and an upper‑floor bathroom so as to avoid a conditional‑use process and neighborhood notice. ‘‘We believe the misrepresentations were drawn to avoid a conditional use permit and notification to us and the neighborhood,’’ McDonough said.
Permit holder representatives said a revised permit addressing some issues was filed Dec. 7. Eric Lee, representing Nai Bing Gao, said the applicants planned to add a fire sprinkler system and had applied for revisions that, they contend, document the as‑built conditions. City staff from Planning and Building Inspection said permit revisions had been reviewed and that the recently filed revision carries its own 15‑day appeal period. Scott Sanchez of Planning said staff found the most recent revision ‘‘would address many, if not all’’ of the requester’s concerns; DBI Inspector Joe Duffy noted an active complaint file and said DBI still needs to verify existing conditions on site.
After asking whether the original permit was improperly issued and whether the requester had been denied timely notice, the board voted to deny the jurisdiction request on the ground that the record did not show the city erred in providing notice. Commissioner Frank Fung moved to deny the request; the motion carried 3–1 (President Anne Lazarus: Aye; Vice President Daryl Honda: No; Commissioner Rick Swig: Aye). The board noted that the neighbor could still appeal the recently issued revision permit within its appeal window.
The board’s decision leaves DBI’s original permitting and the Dec. 7 revision in place for now; neighbors who want to press substantive code or enforcement questions were advised to use the regular appeal processes tied to each permit.
