Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Wireless Siting topic
No spam. Unsubscribe anytime.
Board of Appeals denies rehearing request over Laguna cell antenna; residents pressed health concerns
Summary
The San Francisco Board of Appeals voted 3–0 on Sept. 25 to deny a rehearing request from a neighborhood appellant challenging a wireless facility permit at 2620 Laguna Street. Appellants and dozens of public commenters raised health and preemption concerns; the board said no new material facts were presented.
The San Francisco Board of Appeals denied a rehearing request related to a wireless facility permit at 2620 Laguna Street, voting 3–0 on Sept. 25. Appellant Ron Ratner had asked the board to reconsider its prior decision to uphold a permit issued to GTE MobileNet of California, LP (permit 17WR-0252).
Ratner told the board he had new evidence and warned the antenna was a public‑health threat, saying in part: "a dangerous 7,000 watt Verizon cell tower atop a PG and E power pole adjoining about 300 apartments" and urging the board to enforce San Francisco's precautionary principle ordinance. Several members of the public supported Ratner, citing studies and calling for an updated Department of Public Health wireless‑risk report.
An attorney for the permit holder replied that the rehearing standard was not met, arguing there was "no new evidence or manifest injustice" to warrant reopening the case and saying Verizon complied with Article 25 and the Department of Public Health review. During deliberations, Commissioner Eduardo Santacana moved to deny the rehearing "on the ground that there was not a showing of new or different material facts or circumstances and that there is no manifest injustice." The motion carried 3–0.
The record before the board included references during testimony to the 1996 Telecommunications Act, the California Supreme Court's discussion of local authority in the context of wireless siting (T‑Mobile matters raised by speakers), and San Francisco's 2003 precautionary‑principle ordinance, all raised by speakers arguing for local regulatory control. The board's decision to deny the rehearing rested on the legal standard for reopening a matter rather than on a dispositive finding about health science.
President Rick Swig and Commissioners Daryl Honda and Eduardo Santacana voted to deny the rehearing. The board advised members of the public who raised health questions to continue to work with the Department of Public Health and other elected officials for policy or regulatory changes.
No further formal action on the 2620 Laguna permit was taken during the meeting.
