Board denies rehearing requests in Market Street project appeal, rejects CEQA and parking challenges

The Board of Appeals denied rehearing requests for a multi-building residential and retail project on Market Street after appellants argued planning staff and the zoning administrator failed to make required findings on parking exceptions and CEQA documentation.

Attorney Sue Hester, representing appellant Jazzy Collins, argued the planning commission and acting zoning administrator did not make required findings under planning code section 309 for excess accessory parking and had not adequately recited or relied on CEQA environmental documents. Hester said the record lacked evidence that wind and movement studies were verified and that required CEQA recitals were present in the zoning administrator's decision.

Project counsel Tim Tosta and sponsor representatives argued the rehearing standards (manifest injustice or new material facts) had not been met and framed Hester's presentation as re-argument of the substantive case rather than newly discovered evidence; Tosta said rehearing rules require identification of specific new facts and documents. Several commissioners said they saw argument rather than new evidence and that the record, in their view, did not justify a rehearing.

On roll call, the board denied the request for rehearing on item 3F concerning section 309 exceptions (motion by Vice President Garcia) and, in a separate vote, denied rehearing on item 3G (variance appeal) by a 3-1 vote, with the dissent recorded in the transcript. The denials keep the prior approvals intact for the project as reflected in the planning-record decisions under review.