Board upholds Zoning Administrator’s unit-count finding at 1964 Post Street

On July 26, 2023 the San Francisco Board of Appeals denied an appeal challenging a zoning administrator determination that 1964 Post Street contains 11 legally recognized dwelling units. The board voted 4–0 to uphold the Zoning Administrator’s letter of determination.

Appellants argued historical permit records did not legally effectuate a merger and that the property’s legal use should remain 12 units; they supplied historical permits and asserted the assessor still lists 12 units. Zoning Administrator Corey Teague and DBI explained the redevelopment-era records and subsequent building-permit history show work performed in 1969 physically merged two units and that later certificates and permits have recorded the property as an 11‑unit building. DBI described the Certificate of Final Completion (CFC) and the 3R report/unit-verification process as the administrative mechanism to correct old-finaled permits if a legal error is alleged.

Commissioners focused on the standard for overturning a zoning-administrator determination — whether there was an error or an abuse of discretion — and concluded the ZA had a reasonable evidentiary basis to find 11 units based on the permit history and CFCs. The motion to deny the appeal carried 4–0.

The board noted applicants may pursue a DBI 3R/unit verification if they seek to challenge the CFC or pursue other administrative remedies, but the Board of Appeals found no basis to modify the ZA’s determination in this hearing.