Board upholds permit for 333 Pennsylvania Ave after neighbors— challenge; appeal denied 3–1

The San Francisco Board of Appeals on Aug. 28 denied an appeal from neighbors challenging a permit for a five‑story, two‑unit residential building at 333 Pennsylvania Avenue, concluding the project ultimately met Planning Code requirements.

Robert Gonzalez, an adjacent neighbor, argued the April 2 Section 3.11 neighborhood notice went out prematurely because the plans were not code compliant at that time; he asked the board to deny the permit or substantially scale it back, citing privacy and process defects. "If it violates the planning code... then the notice should not have been sent," Gonzalez said in his presentation.

Tom Tunney, counsel for the permit holder Ed Maiello, and project representatives said the Section 3.11 and discretionary review processes were followed, that requested changes (single garage door, additional landscaping, larger light well) had been incorporated, and that the Planning Commission and Zoning Administrator reviewed the revised plans.

Scott Sanchez of the Planning Department told the board staff concluded the finalized plans were code compliant after revisions and that the discretionary review and subsequent Planning Commission action were appropriate. DBI also said its plan check and building review procedures had been followed.

After questions and deliberation about the sequence of notice and review, President Anne Lazarus moved to deny the appeal and uphold the permit as properly issued and code‑compliant. The board recorded votes with Commissioner Frank Fung and President Lazarus in the majority and Commissioner Bobby Wilson dissenting; the motion carried 3–1.

The board—s action affirms the Planning Commission approval and the building-permit issuance; no additional conditions or remand were ordered.

Next step: No further action on this appeal; the project may proceed subject to the usual inspection and permit processes.