CITY AND COUNTY OF SAN FRANCISCO
GAVIN NEWSOM, MAYOR
DEPARTMENT OF BUILDING INSPECTION
FRANK Y. CHIU, C.B.O., DIRECTOR
June 17, 2004
Mr. Larry Badiner
Acting Planning Director
Department of City Planning
1660 Mission Sheet, 5th Floor
San Francisco, CA 94103
80 Natoma Street
Permit Application Numbers: 9817951(S); 9821707; 9904253(S); 200310319088; 200312182431S; 200405073362
This is a follow-up to our recent telephone conversation regarding the above-referenced property. As we discussed, on June 7, 2004 I suspended the above-referenced permits for a period of two weeks so that could evaluate the validity of said permits.
My staff and I have reviewed our records on the subject property and a number of documents submitted to us by Myers Development Company, with a transmittal letter dated June 8, 2004. We have also consulted with the Office of the City Attorney on this matter.
As you know, San Francisco Building Code Section 106-4.4 provides that if work pursuant to a permit is suspended or abandoned at anytime for more than ninety days after the work has commenced, the permit in question expires and becomes null and void.
The original site permit, #9817951(S) was issued on 2/6/99 with a start work date of 2/6/02 and a completion date of 2/6/05. On May 25, 1999, permit #9004253(S) was issued to revise the previous site permit. While we have a record showing that some work was started on 1/22/99, we have no record of any work being performed from that time until 9/26/03. I have therefore determined that, pursuant to Building Code Section 106.4.4 the site permits in question expired in 1999 and are thus null and void.
I now have to make a determination as to the validity of Permit #200312162431S issued on 3/5/04. In order to make that determination, I request that your office re-determine whether the Planning Department's approval of this permit s still valid in light of my determination that Site Permit #9817951(8) and 9904253(S) were void in 1999.
Please let me know how much time you will need to provide the determination requested, and I will continue the above-referenced suspension while the matter is under consideration.
Anyone who believes that my determination with respect to the site permits in question is in error or that it constitutes an abuse of discretion, may submit to me any additional documents or information relevant to this matter and/or appeal this determination to the Building Inspection Commission within 15 days from the date of this letter, pursuant to the San Francisco Charter and Chapter 77 of the San Francisco Administrative Code.
Very truly yours,
Frank Y. Chiu, C.B.O.