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Board of Appeals denies rehearing request for Home Depot at 491 Bayshore Boulevard

San Francisco Board of Appeals · February 13, 2008
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Summary

The San Francisco Board of Appeals denied a rehearing request for a proposed Home Depot at 491 Bayshore Boulevard, finding appellants offered no new evidence or manifest injustice; the vote was 4-1.

The San Francisco Board of Appeals on Feb. 7 denied a rehearing request for the proposed Home Depot at 491 Bayshore Boulevard, concluding the appellant did not present new evidence or show manifest injustice.

Attorney Sue Hester, representing the appellant, urged the board to reconsider the environmental and traffic analysis and asked the board to “go back and say for a project this stale that has transit improvements that are still being worked on…we do not have adequate traffic mitigations.” Hester also argued the project’s suburban, auto-oriented design undercuts claims of LEED certification.

City planning representatives and the permit holder responded that the concerns were already raised and considered in past hearings. Planning counsel noted the earlier environmental review and said the project’s traffic/mitigation issues had been addressed at prior hearings. Permit counsel told the board the Planning Department and Planning Commission had determined the design met guidelines and that the appellant had not presented new evidence.

Commissioners debated the rehearing standard, focusing on whether the submission contained material new facts that could not have been raised earlier. Vice President Albright moved to deny the rehearing request, and the motion carried, 4-1. Aye votes were recorded from Commissioners Fung, Knox and President Garcia; Commissioner Holland dissented.

The board’s action means the earlier approvals and the administrative record stand unless the appellant pursues relief through other forums. The board did not alter the underlying permit at this meeting.