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Board denies rehearing request on Van Ness BRT tree permit

San Francisco Board of Appeals · July 27, 2016
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Summary

The board rejected a rehearing request on the Van Ness bus rapid transit tree‑removal decision, 4 to 1; the rehearing requester argued new CEQA, bus‑stop and funding facts should require more review, while SFCTA and Public Works said those points were considered previously.

San Francisco — The Board of Appeals on July 27 denied a rehearing request from Dionne Delbridge regarding tree‑removal and planting permits tied to the Van Ness Bus Rapid Transit project.

Delbridge told the board she had four new facts — disputes over bus‑stop changes, alternative selection in the environmental review, alleged CEQA deficiencies and money‑availability concerns — and urged another hearing. Bob Macy, representing the San Francisco County Transportation Authority, and Chris Buck from Public Works’ Bureau of Urban Forestry said those issues had been considered in prior hearings and filings and that the rehearing filing did not present new facts requiring reversal.

After public testimony that included both residents and project supporters, the board voted 4 to 1 to deny the rehearing request. Commissioners who opposed the rehearing said the filings and public record did not show manifest injustice or newly discovered facts that would meet the high bar for a rehearing.

What happens next: The original permit and environmental findings remain in effect. Project managers said construction sequencing requires some early tree removals to accommodate major utility work; the appellant may pursue judicial review if she chooses.