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Neighbors press DBI and Planning to reconcile permits at 2853–2857 Broderick; Board upholds DPW encroachment and release of suspension

San Francisco Board of Appeals · January 14, 2015
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Summary

Neighbors raised complex claims about piecemeal permitting, alleged unpermitted construction and unclear as‑built conditions at 2853–2857 Broderick. After lengthy testimony from appellants, DBI and Planning, the Board upheld a DPW minor sidewalk encroachment permit and the Zoning Administrator’s release of suspensions, while directing further DBI review where appropriate.

Neighbors appealed multiple permits and the release of suspensions for work at 2853–2857 Broderick Street, contending the project had been built piecemeal, that addenda and revisions obscured the true scope of work, and that DBI’s earlier notice of violation and a later site permit needed comprehensive review before construction resumed. Appellants said the process left neighbors unsure which permits were final and asked the board to require DBI to consolidate and review all prior permits.

Planning and DBI staff explained the consolidated building-permit approach: Planning requested a single site permit to document existing conditions and proposed additions so that CEQA and discretionary review would address cumulative impacts. DBI and Planning said the consolidated permit was filed to correct an earlier error in the documented height and to bring all addenda into one public record; DBI’s notice of violation for a height discrepancy remains in force until the revision permit issues.

On the narrow items before the board, commissioners found that Public Works’ minor sidewalk encroachment complied with Public Works Code requirements and that the Zoning Administrator’s release of suspension followed appropriate process; the board voted 4–0 to uphold both departmental actions. DBI and Planning staff said they would continue technical plan checks and enforcement as needed, and appellants were told they could pursue outstanding issues through the pending consolidated permit and through DBI’s plan-check process.