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Board of Appeals denies jurisdiction request in Irving Street eviction dispute
Summary
The San Francisco Board of Appeals denied a jurisdiction request from tenants who said they lacked timely notice of a 07/21/2015 permit to remove an illegal in‑law unit at 4631–4633 Irving Street, concluding the city’s permit process and notices were properly handled by the permit holder and departments.
The San Francisco Board of Appeals voted 4–0 on Sept. 16 to deny a jurisdiction request filed by tenants at 4631–4633 Irving Street who challenged a permit issued July 21, 2015, that would remove an alleged illegal in‑law unit and legalize a half bath.
Tenants’ representative Raquel Fox told the Board the occupants of the upper unit had lived at the address since 1997 and that they did not receive the required notice in time to file an appeal: “the notice of termination of tenancy that included the actual permit was received August 14,” she said, and the tenants learned of the permit only after the appeal period had closed. Fox pointed to the unit’s separate PG&E and water meters and three separate mailboxes as evidence that the space functioned as a distinct dwelling.
Permit holder Chad Doyle and his lawyer, Jamie Bombard, said the property owner followed required procedures. Bombard told the Board that notices were served under the California civil code and that a proof of service shows mailing to 4631A Irving Street. Doyle described the unit as an unpermitted space he intends to remove, saying, “I’m removing it because it’s not supposed to be there.” Planning and building staff confirmed the permit had gone through intake and plan checks.
Scott Sanchez of the Planning Department said the city’s records reflect the building as a legal two‑unit dwelling and explained that removing an unpermitted unit now would forfeit any opportunity to legalize it under current zoning. Joe Duffy of the Department of Building Inspection told the Board the permit application (filed July 3, 2015) had been reviewed and issued on July 21 and that DBI’s intake and plan checks were completed.
Commissioners acknowledged the displacement concerns raised in public testimony but concluded that the relevant notices and permit process were performed correctly. Commissioner Fung moved to deny the jurisdiction request; Vice President Daryl Honda, Commissioners Bobby Wilson and Rick Swig voted Aye and the motion carried 4–0.
The Board’s decision denies the request for discretionary review of the permit; it does not itself modify the underlying permit or the permit holder’s right to proceed under the permit issued by DBI. The parties were advised about remaining administrative remedies and the record of departmental findings.
Action: Motion to deny the jurisdiction request carried 4–0; matter submitted.
