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Board denies rehearing request in Valencia Street case after court-ordered review issues raised
Summary
The Board denied a rehearing request for the Valencia Street matter, where appellants sought a full merits hearing after a Superior Court writ; the board found no new evidence or manifest injustice and voted 4–0 to deny rehearing.
The San Francisco Board of Appeals on July 22 rejected a rehearing petition related to a prior decision on the property at 1050–1058 Valencia Street, after attorneys for the appellant argued the board had improperly relied on the Housing Accountability Act and failed to follow court instructions.
Appellant counsel Steve Williams told the board the Superior Court’s writ required a full hearing on the merits and argued that the board’s limited consideration of written findings did not satisfy the court’s order. “The consideration of written findings is a limited procedure… That’s not what the court intended,” Williams said, asking the board to grant a rehearing and a full merits hearing.
Mark Rutherford, the permit holder, said the court’s writ found the parties had received a fair hearing and that there was no new evidence or manifest injustice to warrant reopening the matter. “There's no new information here. There's no manifest injustice,” Rutherford said.
The board discussed the court’s findings and the scope of permissible review, and commissioners found the rehearing threshold — showing new or different material facts or circumstances — had not been met. Commissioner Fung moved to deny the rehearing request; the motion carried 4–0. The board will issue a notice of decision and order.
