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Board of Appeals directs city attorney to draft temporary rules to speed Western Addition redevelopment appeals

Board of Appeals, City and County of San Francisco · November 12, 2008
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Summary

The San Francisco Board of Appeals voted 3–2 to ask the city attorney to draft a temporary rule to shorten briefing schedules and hearing‑date allocations for projects in the Western Addition redevelopment area while preserving rehearing rights for now.

The San Francisco Board of Appeals on a 3–2 vote directed the city attorney's office to prepare a draft rule intended to compress briefing schedules and accelerate the scheduling of appeal hearings for projects in the Western Addition redevelopment area.

Deputy City Attorney Catherine Barnes told the board that "under the Charter you need to give 10 days notice" to amend bylaws and advised the board on options including a temporary, project‑specific rule rather than a permanent change. She warned the board that some changes could run into notice and sunshine requirements.

The proposal was framed by project counsel and public speakers as a response to redevelopment‑area timelines that could otherwise force projects into a new Planning Code after Jan. 1. David Silverman, speaking for a project sponsor, said the sponsor expected a site permit in early December and urged certainty about hearing dates so a permit would not be rendered subject to the post‑Jan. 1 code.

Commissioners split on how far to go. Vice President Frank Fung and President Michael Garcia supported asking the city attorney to draft a rule to allow hearings as soon as 16 days after issuance of an appealable permit; Commissioners Kendall Goh and Rafael Mandelmann opposed suspending the board's normal timetable without further notice and preservation of rehearing rights. Commissioner Tanya Peterson joined the majority.

The board's vote directs Catherine Barnes to prepare a proposed temporary rule for the board's consideration at the next meeting; Barnes will circulate draft language, and any final adoption would be subject to the Charter's notice requirements. The motion explicitly avoided eliminating the rehearing process at this time.

What happens next: the city attorney will prepare draft rule language and circulate it to the board and interested departments. The board indicated it expects to review, and possibly refine, the draft at its next meeting before any final action.