Board of Appeals declines expedited rule for Western Addition redevelopment

The San Francisco Board of Appeals on Nov. 19 declined to post a proposed temporary rule that would have suspended sections of its procedures to expedite permit appeals related to the Western Addition redevelopment.

Deputy City Attorney Catherine Barnes presented a draft rule and explained the charter‑required 10‑day notice and an immediate‑effect clause that would take effect upon adoption. Amy Neches, a manager with the Redevelopment Agency, told the board the Redevelopment Commission continued consideration of the 1450 Franklin Street project to its Dec. 2 meeting and that the agency’s staff had recommended disapproval largely on historic‑resource grounds. "I expect that what will be before the commission on Dec. 2 is the proposal that is before them now, without alteration," Neches said.

Developer counsel David Silverman said he "fully expect[s] that the project will be approved on Dec. 2," and urged flexibility to meet tight redevelopment timeframes. Several commissioners pushed back, arguing the board should not change long‑standing briefing and rehearing procedures without clear justification. Commissioner Goh asked whether collapsing procedural periods with minimal briefing would set an unfavorable precedent; Commissioner Fung urged caution about doing away with rehearing rights.

After debate about whether the board could lawfully and fairly suspend portions of its rules, Commissioner Mandelmann moved that the board not propose the rule change. The motion passed 4‑1, with the board instructing staff not to work on proposed rule changes for Western Addition projects.

Why it matters: Commissioners said the rule could become precedent for other projects and expressed concern that curtailed briefing or rehearing periods would limit public participation and judicial defensibility. The Redevelopment Commission will consider the project on Dec. 2; the board’s procedural posture remains unchanged ahead of any permit appeals.