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Board of Appeals denies rehearing request for 4840 Mission Street demolition permit
Summary
The San Francisco Board of Appeals denied a rehearing request for the demolition permit at 4840 Mission Street, concluding appellants did not present new evidence or meet the high legal standard for rehearing under SB 35; the board voted 4-0 to deny.
The San Francisco Board of Appeals on a 4-0 vote denied a rehearing request from Vivian Pedua and Yvonne Vasquez seeking reconsideration of the board’s March decision upholding a demolition permit for 4840 Mission Street.
Appellants’ attorney David Chapman asked the board to grant a rehearing on grounds he said were not raised at the prior hearing, citing ongoing site problems including onsite garbage, intermittent security, and concerns for his client’s safety and property values. “We do view this as a taking,” Chapman said, arguing that the changes around the property could diminish the homeowner’s interests and that Ms. Vasquez had not had an opportunity to speak on a jurisdictional issue at the earlier hearing.
Counsel for Bridal Housing Corporation and staff from the Planning Department and Department of Building Inspection (DBI) opposed rehearing. Planning staff and the permit holder’s counsel said the property is not a designated historic resource and that SB 35’s ministerial process applies to the qualifying project at issue, limiting the board’s authority. DBI Deputy Director Joe Duffy said the department had no new basis to support rehearing. Planning staff told the board the rehearing standard is high and that the parties had not submitted new facts that could have altered the March decision.
Commissioner Anne Lazarus moved to deny the rehearing request on the basis that there was neither new information nor manifest injustice; President Darrell Honda, Commissioner Tina Chang and Commissioner Rick Swig voted Aye. The board recorded the motion as carried 4-0 and the rehearing request was denied.
What’s next: The denial leaves intact the earlier decision upholding issuance of demolition permit no. 202008192106. Planning and DBI will continue to coordinate on permitting and enforcement as needed.
