City & County of San Francisco v. Board of Permit Appeals

Opinion

SMITH, J.

The City and County of San Francisco (the city) sought administrative mandate (Code Civ. Proc., § 1094.5) against a decision of its board of permit appeals (the board) overruling a zoning administrator’s denial of a permit to allow real party in interest Ilyas Absar to retain an existing third dwelling unit on property zoned for single-dwelling use. On appeal from the superior court’s order denying writ of mandate, the city urges, as it did below, that the board acted in excess of jurisdiction (id., § 1094.5, subd. (b)). We will agree and therefore direct that relief be…