Board of Appeals Upholds Treat Avenue Gate Permit, Sidesteps Title Fight
Board of Appeals • San FranciscoOctober 28, 2026
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San Francisco's Board of Appeals spent most of its Oct. 28, 2026, hearing on a fight that was nominally about a gate but really about who owns a disputed Mission parcel. Commissioners voted 4-0 to uphold the gate permit, saying the board decides whether departments applied the code correctly, not who holds title. In two other 4-0 votes, the board gave a Castro Street tobacco retailer a second chance to appeal and let a homeowner remove a leaning palm without replanting.
- Treat Avenue gate permit upheld 4-0; the board declined to referee a long-running Parcel 36A ownership dispute
- Castro Street tobacco permit holder wins a late appeal after the Health Department produced no proof of timely notice
- Leaning 35-foot palm can come down without replacement, overruling a Public Works denial on safety grounds
A Gate Permit Becomes a Proxy Title War
The basics: Appeal 26-052 challenged permit 2026-0813652-1, which allows the replacement of a damaged gate at 957 Treat Avenue in kind. The gate is about 18 feet wide and 8 feet tall. The permit was issued to 17th and Peralta LLC, the owner of Monkeybrains, and covers a parcel known as Parcel 36A.
Why it matters: The ruling confirms that city departments can rely on Assessor-Recorder records and final court judgments when they accept permit applications. It also signals that the board is not a forum to relitigate property ownership.
Where things stand: Appellant J. Martin asked the board to require a quiet title action, a lawsuit to settle ownership, in Superior Court before any work proceeds. He argued that quitclaim deeds recorded from probate cases rest on flawed notice and incomplete evidence, and that the assessor's roll does not prove title. "You can get a property tax statement by recording a quitclaim deed," said Martin.
The permit holders, Alex Menendez, co-owner of 17th and Peralta LLC, Rudy Rucker, founder of Monkeybrains, and Kevin Ortiz, external affairs consultant for Monkeybrains, said they spent years and close to half a million dollars tracing the heirs of a John Center Company shareholder. They presented tax and Secretary of State records and highlighted community programming at the site, including Third Thursdays on Treat.
City staff backed the permit. Corey Teague, Zoning Administrator, Planning Department, and Rich Sarnson, Senior Building Inspector, Department of Building Inspection, said the permit complied with code, was issued over the counter and was not issued in error. "I think the burden here would be on the appellant to show some affirmative documentation that there actually is an issue," said Teague.
Taylor Jasiewski, Deputy City Attorney, drew the legal boundary: "The property rights themselves, who holds them, is not before this board." Jasiewski also advised that final judgments are res judicata, meaning they cannot be relitigated, and that tenants in common have equal rights of use.
The other side: Public comment split along familiar lines. Mason Carroll, a Monkeybrains employee, cited past break-ins, graffiti and a car hitting the gate. An intern with the company said Third Thursdays charges no vendor fees, has drawn more than 4,000 attendees and should continue. Abigail S., a neighbor, opposed the permit. She called it part of a land grab on disputed land that could instead house families or provide open space.
Decisions and stakeholder impacts: President Trasviña framed the question as whether departments properly relied on the assessor's records. "We're looking at whether the code has been applied adequately and fairly by the departments in question," said Commissioner Lopez, who moved to deny the appeal on the basis that the permit was properly issued. "I do believe that departments did their job," said Commissioner Wong, who opposed imposing a heightened standard on departments.
The vote: For: 4 (Trasviña, Abad, Lopez, Wong), Against: 0, Absent: 1 (Vice President Saroyan). Monkeybrains keeps its permit. Opponents of the ownership chain are left with the courts or new legislation as their remaining avenues.
Health Department's Missing Paper Trail Reopens Tobacco Case
The basics: A jurisdiction request asks the board to accept an appeal filed after the deadline. On Aug. 11, 2026, a Department of Public Health hearing order revoked tobacco sales permit T76915 at 376 Castro Street for a repeat Health Code Article 19 violation. The appeal window closed Aug. 26. Gerald Lee filed Jurisdiction Request 26-3 on Oct. 6.
Why it matters: The board signaled that when a department cannot document that it delivered notice, the department may bear responsibility for a missed deadline.
Where things stand: Lee's representative said a hard copy reached him only on Aug. 27 or 28, after the deadline, and that the department declined to reissue the order. Mark Schapp, Deputy City Attorney representing the Department of Public Health, argued the request failed on its face. He said the department chose not to file an opposition.
Schapp conceded a key point: "We don't dispute that the certified letter was not received at that time. It was returned to sender." He could not explain an agency email stating the order was "initially provided on August 27."
Commissioners zeroed in on the missing records. "Do you have any record? You haven't provided any record that it was provided on that day," said President Trasviña. Commissioner Wong added: "I think one of the things that I'm accustomed to is that the department would submit even repeat information if it supports their case, and I didn't see any." Commissioner Abad also faulted the lack of an email record.
Decisions and stakeholder impacts: Trasviña moved to grant jurisdiction on the basis that the department inadvertently caused Lee to file late. The vote: For: 4, Against: 0, Absent: 1 (Vice President Saroyan). The ruling is a procedural win for Lee only. It does not reinstate the permit, but it gives him a hearing on the merits. For city agencies, the takeaway is to keep proof of delivery.
What's next: Lee must contact board staff within five days to file the appeal.
Palm Comes Down, No Replanting Required
Where things stand: Appeal 26-039 challenged a July 24, 2026, Public Works order that denied Nina Saltman's application to remove a 35-foot Mexican fan palm at 4227 26th Street. The board heard the case Sept. 2 and Oct. 14. On Oct. 14, commissioners signaled they intended to grant the appeal but lacked enough members to act.
With no new presentations, Commissioner Abad restated the motion. He cited the leaning tree's impact on a retaining wall and neighbors' concerns about the hazard. He moved to grant the appeal and revise the order to allow removal without replacement, on the basis of public safety and to mitigate potential harm to life and property. Commissioner Wong, who missed the Oct. 14 hearing, agreed the owner should not be forced to replant.
Decisions and stakeholder impacts: The vote: For: 4, Against: 0, Absent: 1 (Vice President Saroyan). The board overruled the Bureau of Urban Forestry and waived the usual replacement condition. The ruling is a reminder that documented safety risks can outweigh tree-canopy goals on appeal.
Minor Items
- 678 Vermont Street notice-of-violation appeal (26-047) continued 4-0 to Nov. 4 so absent Vice President Saroyan can vote. On Oct. 14, Trasviña and Lopez favored granting the appeal and Abad dissented.
- Commissioner Wong disclosed her service on the Planning Department's Community Equity Advisory Council, said she had no involvement in the Vermont matter, and confirmed she reviewed the Oct. 14 video.
- Public commenter Pamela Fine said someone in the building department altered a Feb. 21, 2024, board ruling on tinted glass in a neighbor's accessory structure. Executive Director Julie Lemar offered to follow up with planning and building staff.
- Oct. 14, 2026, minutes adopted 4-0.
- President Trasviña marked the passing of Dolores Huerta during commissioner comments.
Looking Ahead
The Vermont Street appeal returns Nov. 4, when the absent commissioners' votes could decide a case that split 2-1 on Oct. 14. Watch for Gerald Lee's Castro Street appeal to be filed in the coming days.