Board upholds zoning administrator’s determination that 2012 permit stands despite neighborhood-notice omission

The San Francisco Board of Appeals voted 4–1 on July 20 to deny an appeal by a property owner who sought cancellation of a 2012 building permit for 535 Florida Street (permit 201210193467).

Appellant counsel Andrew Bassick argued the planning code’s neighborhood-notice requirement (then §3.12) was not followed and that, under the code and established California case law, a permit issued in violation of required notice is null and void from inception. He asked the board to overturn the zoning administrator’s May 20 letter of determination that treated the omission as a procedural oversight rather than a ground for invalidation.

Planning staff and the zoning administrator told the board the omission had been raised at a prior hearing and that the board and Z.A. have discretion to weigh context and reliance. Planning staff warned that revoking a decades-old permit would reduce preserved PDR (production, distribution, repair) space and could have broad, disruptive consequences. The Z.A. and planning staff noted the issue had been litigated previously and that the department’s determination was made in consultation with the city attorney.

Commissioner Alex Lemberg moved to deny the appeal on the ground that the zoning administrator neither erred nor abused discretion; the motion carried 4–1. The board left the zoning administrator’s determination in place; the appellant has previously filed litigation on related issues and may pursue remedies in court.