Board accepts Bay Drug’s supplemental evidence for findings review

The San Francisco Board of Appeals on Dec. 8 agreed to accept supplemental sworn declarations and briefing submitted by the permit holder in the appeal over the Bay Drug permit at 281 Church St., and set a schedule for the appellant to respond ahead of adoption of draft findings.

Diana Sam, attorney for the permit holder, told the board she had contractor declarations stating no permit‑required work occurred before the May 24 permit and argued the permit holder had a vested right under case law cited in her presentation. Appellant counsel disputed the timeliness and said the supplemental evidence should have been introduced at the October hearing; commissioners questioned whether admitting the material at this stage would effectively convert the proceeding into a rehearing.

After extended discussion about process and fairness, the board voted 3–2 to accept the supplemental material narrowly focused on whether work occurred prior to permit issuance and to allow the appellant a short written response; adoption of findings will remain on the next scheduled date. The board earlier had approved certifying the court reporter transcript as the official record for that proceeding.

Next steps: the permit holder must provide the board with multiple paper copies of its supplemental filings; the appellant will have a one‑week window before the adoption hearing to file a rebuttal or present oral argument at the adoption hearing, per the board’s schedule.