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Board of Appeals denies AT&T permits at 1149 Prague Street under new SMF rules
Summary
The San Francisco Board of Appeals denied two permits for an AT&T surface-mounted facility at 1149 Prague Street, finding they do not comply with a recently adopted small‑cell (SMF) ordinance that adds community‑meeting and notice requirements; vote was 4–0 (president recused).
The San Francisco Board of Appeals on July 16 denied two permits for an AT&T surface‑mounted facility (SMF) at 1149 Prague Street, concluding the earlier DPW approvals do not comply with a new city SMF ordinance that applies retroactively to pending appeals.
Vice President Hurtado moved to grant the appeals and require the permits to be reissued under the recently adopted ordinance, saying the new law’s community‑meeting and public‑notice requirements change how pending permits should be processed. The board amended the motion to clarify that AT&T would not be prejudiced by a one‑year bar to reapplying; the Board voted 4–0 to deny the permits and allow reapplication under the ordinance.
AT&T’s counsel urged the board to deny the appeal and leave the permits in place, arguing that state Public Utilities Code Section 5885 gives local authorities only limited time to act and that the 60‑day statutory period had already expired. Foster Johnson for AT&T told the panel the statutory clock had run and that city action to deny the permits now would conflict with state timelines.
Carla Short of the Department of Public Works told the board that DPW’s preliminary review had identified the site as technically appropriate but that the new ordinance adds procedural requirements — including a community meeting at night and additional departmental review — and that DPW’s forthcoming guidance would likely require the permitting process to restart. “Our recommendation would be to uphold the appeal,” Short said, arguing the new ordinance requires reopening the approval process so neighborhoods receive fuller notice and input.
Board members weighed the state‑law arguments against the explicit retroactivity in the city ordinance and the need for community outreach. The board’s order denies both permits with a written finding that the earlier approvals do not comply with the new SMF ordinance; it also specifies that the usual one‑year bar on reapplying shall not apply so AT&T may reapply under the new rules.
The Board of Appeals instructed DPW to issue guidance to implement the ordinance and to work with applicants on an expedited process for reapplications. The denial affects two appeal filings tied to the same permit number and two issue dates; the board will issue separate written decisions for each.
