Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the CEQA Procedure topic
No spam. Unsubscribe anytime.
Board Reschedules Rehearing Request for 130 Second Avenue Pending Board of Supervisors’ CEQA Appeal
Summary
The Board of Appeals continued consideration of a rehearing request for 130 Second Avenue after the Planning Code rehearing overlapped with a timely CEQA appeal to the Board of Supervisors; the board voted 4‑0 to reschedule the rehearing pending the supervisors’ decision.
The San Francisco Board of Appeals on March 3, 2010, continued a rehearing request for 130 Second Avenue after the City Attorney’s office advised that a parallel CEQA appeal to the Board of Supervisors created the risk that any board action tonight could be voidable. Deputy City Attorney Francesca Gessner told commissioners the safest course was to wait for the Board of Supervisors to resolve the CEQA appeal before proceeding with the rehearing.
Permittee counsel Alice Barclay urged the board to allow the permittee to consult with the City Attorney’s office but otherwise agreed the rehearing should be continued if the Board of Supervisors’ timeliness determination stands. "Because there is the question in terms of when the statute of limitation starts, which usually is at the filing of the notice of determination," Barclay said, and requested the rehearing be continued until the supervisors act.
Commissioner Michael Garcia moved to reschedule the rehearing to the chair’s calendar pending the supervisors' CEQA decision. The motion passed 4‑0 with Commissioner Frank Fung absent; the board specified no additional briefing and that the matter be placed on the chair’s indefinite calendar until the supervisors act.
Outcome: The rehearing request was rescheduled to the Board’s indefinite calendar, to be relisted after the Board of Supervisors resolves the pending CEQA appeal. No substantive rehearing occurred at this meeting.
