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Board of Appeals denies rehearing request on Lafayette Park permit after review of late inspection records
Summary
The San Francisco Board of Appeals on Sept. 19 denied a rehearing request from Shannon Gallagher about Rec & Park’s permit for improvements at Lafayette Park, finding no new information that would change entitlement; the vote was 3–0.
SAN FRANCISCO — The San Francisco Board of Appeals voted 3–0 on Sept. 19 to deny a rehearing request from resident Shannon Gallagher challenging a Recreation & Parks permit for ADA restroom, paths and other park improvements at 2101 Washington Street.
Gallagher told the board she received a CD of documents two days before the earlier hearing and said the materials revealed inspection reports, soil-test failures and missing archaeological reviews that she said should alter the board’s prior decision. "This long promised information should impact your decision, because I believe you would not vote to condone uninspected, unsafe work in the park," Gallagher said during her allotted time.
Rec & Park project manager Mary Hobson and department staff disputed that characterization. Hobson said the department "does not believe that any issues were raised in the appellant's request for rehearing that was not originally discussed" and told the board the departments had not performed unpermitted work. Planning staff and the Department of Building Inspection (DBI) told commissioners they saw no materially new evidence that would change entitlement. Planning’s Dan Snyder said the alleged issues had been available or discussed at the August hearing; DBI’s Patrick O'Riordan said six special inspections had been attached to the permit to verify construction work.
Several neighbors and technical commenters spoke to the board. Some — including attendees from Friends of Lafayette Park — urged the board not to grant a rehearing, saying no new facts were presented. Other speakers cited inspection logs and daily reports that they said showed failing soil density tests and questioned whether corrective work had been performed.
Board members asked whether the late inspection records affected the entitlement of the permit — the legal right to proceed — or only the implementation of approved work. Commissioners said the record showed the inspection reports reflected implementation steps and that defects or unpermitted work, if proven, were enforcement matters for DBI rather than grounds to reopen entitlement. Vice President Frank Fung moved to deny the rehearing; President Chris Huang and Commissioner Anne Lazarus joined the vote.
The Board ordered that a notice of decision and order be released. The matter will return to the Board under normal procedures for any further appeals or separate enforcement actions.
What’s next: The Board’s denial leaves the original permit outcome in place; Gallagher and other interested neighbors may pursue separate code-enforcement complaints with DBI or await the next scheduled hearings on related permits cited by the appellant.
