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Board of Appeals holds four 1050 Valencia appeals in abeyance after CEQA appeal filed

San Francisco Board of Appeals · September 18, 2013
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Summary

After learning a CEQA appeal was filed, the Board of Appeals voted to continue four appeals related to 1050 Valencia Street to the call of the chair pending the CEQA outcome; the Planning Department provided previously prepared case materials for the record.

The San Francisco Board of Appeals voted unanimously to continue four separate appeals concerning 1050 Valencia Street to the call of the chair after counsel for an appellant notified the board that a California Environmental Quality Act (CEQA) appeal had been filed.

Stephen Williams, counsel for the appellant, said the city's written procedures and prior practice typically forestall further action once a CEQA appeal is pending, because the outcome of the CEQA appeal could materially change the project and render the board’s hearing moot. "Traditionally, this board has continued these items to the call of the chair once the CEQA appeal is filed," Williams said.

Mark Rutherford, representing the permit holder, acknowledged the implications of proceeding while a CEQA appeal was pending. Scott Sanchez of the Planning Department said he had discovered that a Planning Department action memo and case report prepared for the earlier hearing had not been filed with the board and offered to submit those documents for the record.

Commissioner Toto moved to continue all four appeals related to 1050 Valencia (demolition and new construction permits) to the board’s indefinite calendar, pending the CEQA appeal outcome before the Board of Supervisors; the motion passed 4‑0 (Vice President Anne Lazarus absent). The matters will be recalled from the chair’s call once the CEQA process is resolved or otherwise directed by the chair.