Board grants dwelling‑unit merger for California Street property, 4–1

San Francisco’s Board of Appeals voted 4–1 on March 7 to overrule the Planning Commission and grant a dwelling‑unit merger and associated site permit for 3827 California Street.

Tina Tam, speaking for the Planning Department, told the board the Planning Commission had determined the merger would not advance the city’s housing goals and cited the department’s analysis that nearly all lots in the relevant RM1/RM2 area contained two or more units. "We respectfully ask you to uphold the planning department and planning commission's decision to deny the merger," Tam said.

Jeremy Paul, representing the project sponsor, argued the ground‑floor studio had never functioned as tenant housing, was created under a contested 1972 record and that forcing the family to retain the unit would be an unreasonable burden that would harm family use of the property. A neighbor said parking pressure on California Street is severe and supported allowing a garage. "Please allow the restoration of this as a single family house. Let this family use it the way they want to use it," Paul said during his presentation.

Commissioners discussed whether the unit was legally created in 1972 and whether the five DUM criteria were met. Several members concluded the evidence supported correcting an irregular permitting history and that the specific circumstances justified a merger. Vice President Michael Garcia moved to overrule Planning and grant the permit; the board approved the motion 4–1. The board set a two‑week timeline for written findings.

The permit allows the Napolitano family to merge units, add a rear extension and install a garage; Planning staff noted the department remains open to alternative configurations but the Board found the record sufficient to approve the merger in this instance.