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Board grants late appeal over DPW excavation permit at 1149 Prague Street
Summary
The San Francisco Board of Appeals granted jurisdiction to a late appeal after residents said the Department of Public Works failed to notify objectors about an excavation permit for a new AT&T cabinet. The Board cited public expectations of notice and gave the requester a five-day appeal window.
Vice President Arcelya Hurtado and the Board of Appeals voted 4–0 on June 11 to grant jurisdiction to a late appeal of a Department of Public Works excavation permit for a proposed AT&T cabinet at 1149 Prague Street.
Steve Currier, a Crocker-Amazon resident, told the board he and neighbors were not notified when DPW issued the permit on April 4, 2014, and described email correspondence in which DPW acknowledged failing to notify objectors. Currier asked the board to accept his late-filed jurisdiction request and waive a duplicate filing fee.
At hearing, counsel for AT&T and a City attorney cited a recent Superior Court writ (Crown Castle) that voided the Board’s earlier acceptance of a late appeal in a similar case, arguing the Board lacks jurisdiction when DPW has no legal duty to mail notice. DPW manager John Quang told the panel the agency’s practice for small and medium excavation permits is to post no-parking tow-away signs a minimum of 72 hours before work and to provide courtesy email notices when requested, but that statutory notice requirements are limited.
Neighbors including Nancy Barsotti testified they had been told via email that they would be notified if a permit were issued, but they received no notification. Commissioners discussed the Crown Castle precedent and whether DPW’s routine or implied communications created a reasonable public expectation of notice. Several commissioners said the city’s communications had led residents to reasonably expect notice even if not legally required.
Vice President Hurtado moved to grant jurisdiction on the basis that the city had inadvertently failed to notify appellants; the motion passed 4–0. The requester, Currier, was given a five-day appeal period ending the following Monday.
Next steps: The Board’s grant allows the substantive appeal on the permit to proceed; any further procedural or substantive deadlines will be set by the Board or staff.
