San Francisco Board of Appeals upholds multiple permits, delays others after hourslong hearing

The San Francisco Board of Appeals met March 18 to hear a crowded docket of permit appeals, safety corrections and neighborhood disputes, approving several permits with edits, reducing one penalty and continuing other contentious items for further review.

Board President Frank Fung opened the meeting and confirmed attending commissioners and staff. After routine housekeeping the board moved quickly through several housekeeping motions, including adoption of minutes from Feb. 18 and March 4, which passed on a unanimous roll call.

The board upheld an Urban Forestry decision on a tree-removal permit at 3575 Gary Boulevard after the Department of Public Works and the permit holder reached a compromise. "They will plant six 48-inch box trees," Carla Short of the Bureau of Urban Forestry told the board, and the appellant will pay the in-lieu fee to cover the size difference; the motion to uphold the permit with those new conditions passed 4–0.

In another contested enforcement item, the board reduced a penalty assessed for construction without a permit at 646–648 Madrid Street to two times the regular fee after hearing from Andy Levine, the architect representing the bank that repossessed the property. Levine said, "the bank repossessed the property, foreclosed on the mortgage, and the bank is correcting the violation currently." The penalty reduction passed unanimously.

A lengthy public hearing focused on a proposed Mercy Housing 120-unit supportive-housing project at 365 Fulton Street and the board’s draft findings, where much of the debate turned on the language of a recommended Good Neighbor Policy. Deputy City Attorney Catherine Barnes and Redevelopment Agency counsel warned the board about placing conditions that could run afoul of fair-housing rules; Redevelopment counsel Jim Morales said some proposed staffing, alarm and security conditions risked being interpreted as discriminatory. Commissioners agreed to narrow the Good Neighbor provisions—keeping standard items such as daily trash removal, graffiti removal and exterior lighting while striking staffing and security requirements that singled out supportive housing—and adopted the findings as amended, 5–0.

One of the meeting’s most contentious items involved Nick Schulman’s Charlie’s Drug Store at 1101 Fillmore, which is fighting a Department of Public Health suspension tied to an ordinance that bars tobacco sales in pharmacies. Public-health counsel argued the controlling test is the percentage of sales: DPH said Charlie’s pharmacy sales percentages resemble those of chain drugstores and therefore do not qualify for the general-grocery exemption. Schulman and multiple neighbors countered that the store functions as a neighborhood market and pharmacy serving seniors and other vulnerable customers. Commissioners discussed precedent and ongoing litigation; rather than rule on the appeal, the board voted to continue the matter to the call of the chair pending outcome of higher-court litigation.

Safety issues also drew swift action. At 2614 Buchanan Street a plumbing permit to relocate a shared water heater drew urgent warnings from contractor Chris Goodwin and DBI staff about the unit’s age and an unsafe pan-drain arrangement. Goodwin called it "a very time sensitive issue." The owner committed to start corrective work immediately, and the board upheld the plumbing permit so contractors can proceed, 5–0.

A separate residential permit dispute at 940 Cayuga Avenue over a rear deck and an attached firewall provoked neighbor objections about privacy and shading. Planning and DBI staff said recent code interpretation could allow a reduced setback without a property-line firewall; commissioners ultimately upheld the permit with a condition that no firewall extend beyond the rear of the building, 5–0, and asked the permit holder to revise plans accordingly.

Several procedural continuances were set to allow permit holders to work with staff and neighbors. A retaining-wall and fence permit at 20 Burlwood Drive was continued to May 13 to allow DBI and Planning staff to review revised plans and for the parties to confer. The high-profile 170–172 Clara Street matter in the CityMuse complex drew extensive neighborhood objections about morning light and privacy; after receiving public comment and reviewing department concerns about plan errors and occupancy designations the board continued that matter to June 3 to allow revisions and further coordination.

Votes at a glance - Adopt minutes (Feb. 18 and March 4): adopted 4–0. - 3575 Gary Blvd (Urban Forestry permit, Bridal Housing appeal): upheld with condition (plant six 48-inch-box trees and increased in-lieu fee) — 4–0. - 646–648 Madrid St (penalty for unpermitted work): penalty reduced to two times fee — 5–0. - 365 Fulton St (Mercy Housing findings): findings adopted as amended (Good Neighbor Policy narrowed) — 5–0. - Charlie’s Drug Store (1101 Fillmore): matter continued to call of the chair pending appellate litigation — continued, roll recorded. - 940 Cayuga Ave (deck/firewall): permit upheld with condition (no firewall extending beyond rear of building) — 5–0. - 2614 Buchanan St (plumbing/water heater): plumbing permit upheld to allow corrective work — 5–0. - 20 Burlwood Dr (retaining-wall/fence): continued to May 13 for DBI/Planning review and revised plans — continued 5–0. - 170–172 Clara St (CityMuse): continued to June 3 for permit revisions and coordination — continued 3–2.

What it means next Several items were continued so permit holders can file revised plans routed to Planning and DBI or so the board can await court outcomes. For the Mercy Housing matter the findings adopted tonight trigger the 10-day rehearing window. For Charlie’s Drug Store the legal challenges to the ordinance remain pending and the board deferred final action until higher-court decisions are available. For items flagged as safety risks (the Buchanan water heater), DBI staff indicated they will expedite necessary building/ plumbing approvals.

Quotes from the hearing capture the tone: "They will plant six 48-inch box trees," said Carla Short describing the settlement on the Gary Boulevard permit. Contractor Chris Goodwin urged urgency on the Buchanan water-heater correction, calling it "a very time sensitive issue." Appellant Alan Revere, speaking for CityMuse neighbors, summarized the central worry about the Clara Street project: "One person shouldn't be able to dictate how other people's lives are carried out."

The Board of Appeals scheduled follow-ups and directed staff to work with applicants and neighbors to finalize revised plans where required. The public record for many of tonight’s items remains open for the administrative rehearing windows or until the board re-calls matters for further action.