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Board of Appeals denies rehearing in Nob Hill Masonic Center dispute
Summary
The San Francisco Board of Appeals on Feb. 24 denied a rehearing request by Gramercy Towers challenging a prior upholding of the zoning administrator’s Letter of Determination for the Nob Hill Masonic Center. The board voted 3–2 to deny the rehearing, with planning staff and the Masonic temple arguing no new evidence was presented.
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The San Francisco Board of Appeals on Feb. 24 denied a rehearing request filed by Gramercy Towers over the zoning administrator’s determination about the Nob Hill Masonic Center at 1111 California Street. The board voted 3–2 to refuse a rehearing, concluding the appellant had not presented new evidence or shown manifest injustice.
Appellant counsel Alice Barclay said the rehearing was sought to correct what she described as “a mistake in law or an abuse of discretion” and argued the current use should be treated as a grandfathered conditional use rather than a lawful nonconforming use. The California Masonic Memorial Temple’s attorney urged the board to follow its rules and deny rehearing where there is no new evidence.
Planning Department staff member Scott Sanchez told the board the department opposed a rehearing, saying the appellant had not met the standards that would require revisiting the earlier decision.
Commissioner Fung moved to deny the rehearing request; after discussion Commissioners Peterson and Garcia joined him and the motion passed 3–2. The board directed that a notice of decision and order shall issue reflecting the denial.
Because the board’s decision turned on whether standards for rehearing were met rather than a reexamination of the substantive zoning interpretation, the denial leaves the earlier zoning-administrator determination in place pending any separate legal action.
The board moved on to subsequent calendar items following the vote.
