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Board denies AT&T cabinet permit, citing new SMF ordinance and procedural gaps
Summary
After resident objections over process and alternatives, and DPW's invocation of a retroactive SMF ordinance, the Board of Appeals denied AT&T’s permit for a surface-mounted facility at 501 Missouri Street, finding the application did not meet the updated Article 27 permitting requirements.
The San Francisco Board of Appeals denied a Department of Public Works grant that had authorized AT&T to install a surface‑mounted facility (SMF) at 501 Missouri Street, concluding that the application did not comply with the newly retroactive SMF permitting ordinance adopted by the Board of Supervisors.
Resident Matt Brennan argued DPW had disregarded public comments (he said more than 30 objections were received and then excluded as late), failed to conduct a site visit or adequately evaluate alternative locations, and improperly applied procedural cutoffs. AT&T counsel said the Department had found the proposed location met technical siting requirements, that AT&T had presented alternative sites, and that the Board lacked jurisdiction after the statutory 60‑day review period.
DPW’s Bureau of Street Use and Mapping told the board that although the applicant met DPW’s technical criteria, the Board of Supervisors’ Ordinance 70‑614 (the SMF ordinance) required additional community processes and siting considerations that apply retroactively to permits not finalized by a June 28 deadline. DPW recommended denying the permit under the ordinance’s retroactivity provision.
After hearing the parties, the board voted to overrule DPW’s prior approval and deny the excavation permit, citing noncompliance with the new SMF ordinance’s community‑meeting and siting requirements. The Board recorded a 3–0 vote with the president recused for conflict; commissioners noted that courts may resolve any state‑law preemption questions.
The denial pauses AT&T’s planned installation pending compliance with the Article 27 procedures or further judicial or administrative review.
