Board of Appeals delays three T‑Mobile microcell appeals as planning moratorium proceeds

The San Francisco Board of Appeals on Wednesday continued three appeals from T‑Mobile over microcell antennas to a June 6 hearing date, amid parallel action by the Planning Commission and the Board of Supervisors.

Paul Aldrin, representing T‑Mobile, told the board there is currently no moratorium in effect and that the carriers had agreed in letters to President Peskin not to apply for new accessory‑use microcell building permits while the Board of Supervisors considers legislation. “There is currently no moratorium in effect,” Aldrin said, noting the supervisors continued their vote until May 22. Planning staff and several appellants urged the board to continue the appeals to allow the municipal process to play out.

Planning Department senior planner Tina Tam told the board the planning department had recommended certain modifications to the proposed code change, and that two of the appealed permits involve residential buildings, which the amendment could affect. She said the department had requested a continuance at least until the city bodies resolved the pending moratorium and planning‑code amendment (legislative item 070213).

Commissioners debated whether any eventual legislation would be retroactive and how that might affect permits already issued. One commissioner said legislative changes could raise constitutional issues and possible compensation requirements if made retroactive; legal counsel noted such remedies depend on the final language and legal framework.

Vice President Michael Garcia and the commissioners voted to continue items 3F, 3G and 4 to June 6. Garcia voted No on the continuance; the motion nonetheless passed with the necessary three votes. The board directed parties to be prepared to proceed on June 6 whether or not the supervisors or Planning Commission had finalized action.

The continuance preserves the board’s ability to decide these appeals after the Planning Commission and Board of Supervisors act; it also gives both sides time to gather materials and to consider whether new or amended local rules will alter the board’s review.

What’s next: The Planning Commission was scheduled to review the planning‑code amendment the next day; the Board of Supervisors had continued the moratorium vote to May 22. The Appeals board set the T‑Mobile matters for June 6 as a date certain.