Robert Fruchtman Profile picture
Jan 28, 2020 15 tweets 8 min read Read on X
Tomorrow the San Francisco Board of Appeals will hear an appeal of the issuance of HOME-SF authorization for #3945Judah. Plans were approved to build 20 apartments in five stories where a gas station once stood.

So what goes into an appeal?

hoodline.com/2019/11/20-apa…
In this case, 365 pages go into the appeal. That's the length of the PDF containing the appellant's case, the respondent's reply, and public comment.

That count is not a typo. You could make a daily calendar out of this appeal document.
The document can be broken down into sections.

Pages 1-54: appeal notice, brief, and the action being appealed. That's the Nov 7 authorization motion, with technical plans. ImageImageImage
Pages 55-162: appellant's brief with letter and 9 exhibits. Includes govt correspondence; city permits; the transcript of the Nov 7 hearing work orders; a neighborhood notification affidavit, and a summary of the developer's pre-application meeting. ImageImageImage
The appellant is Mike Murphy, an SF Green Party official and Livable California supporter. He claims that the project was improperly noticed, the fuel tanks from the former gas station at the site will not be properly cleaned up, and neighbors' opposition wasn't considered. ImageImageImageImage
The appellant's brief also includes a letter of support from David Scheer, a former Planning Commissioner from Homer, Alaska, who now lives in Outer Sunset.

The letter borders on ridiculous. For instance, it claims that the General Plan, uh, doesn't allow 5-story buildings? Image
The letter also seems to attack individual Planning Commissioners' intelligence. Has this strategy ever worked in an appeal? ImageImage
Pages 163-221: respondent's brief. Project sponsor's letter and exhibits, including HOME-SF except from the Planning Code and Nov 7 Planning Commission meeting minutes—including the technical drawings, again.

Really dry stuff. ImageImage
The respondents are the project sponsor and the architect. They counter that the proposal was properly noticed, as recorded by the Planning Dept, and that the site is being monitored as part of a Department of Public Health site cleanup program. ImageImageImageImage
One of the appeal's claims is that the project was misrepresented, because the architect told the Planning Commission no further cleanup was needed. The rebuttal says the architect was unaware—the City's request for more cleanup was sent to the project sponsor, not the architect. Image
Pages 222-365: public comment. There's a lot of it. I counted 66 emails and letters, plus two petitions against the project with 227 total signatories, and a copy of the developer's pre-application meeting sign-in sheet. Nearly all of the public comment is against the project.
I won't post a boatload of negative comments. They're mostly the same— not enough parking, too tall, views will be blocked, infrastructure is on the verge of collapse, this community is too special for more buildings, build somewhere else, etc. ImageImageImage
Here's “They Might Be NIMBYs” organization D4ward, declaring a five-story building to be DESTRUCTION BY CONSTRUCTION Image
The good comments were few and far between. ImageImageImage
Want to support the project? Here are a few things you can do!

Thanks for reading.

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More from @_fruchtose

Feb 24
Hello San Francisco. I'm attending a community meeting for 633 Arguello, a housing project being proposed using the newly minted Constraints Reduction Act. The meeting is also being held at 633 Arguello. Toby Morris, the architect, is presenting in a hybrid format. Image
The project sponsor is an owner-builder-developer who wants to demolish a duplex to build a fourplex. Morris says the mayor is trying to expedite housing in some areas. Mayor wants to encourage development to remove Planning Commission hearings for "this very kind of project" Image
Further, the project takes advantage of Supervisor Mandelman's fourplex bill in an RM-2 zoning district. The project will be a side lot line to side lot line 40 ft building w/ flats.
Read 23 tweets
Dec 14, 2023
Hello San Francisco. I'm attending a meeting of the SF Board of Appeals. I am here for an absolutely wild case in which it looks like the City is quite definitely violating the Housing Accountability Act: 1228 Funston St. Image
A very brief summary: The case involves a permit to legalize an unauthorized unit, add an ADU + horizontal addition, and change the façade. SF Planning initiated a Discretionary Review of this permit application. The Planning Commission then imposed conditions on the permit... Image
...but it gets a lot more complicated than that. RoDBIGO Santos is involved. This case has stretched on for years. Multiple permits have been filed. Multiple discretionary reviews (DR) are involved.
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Read 143 tweets
Nov 29, 2023
I have found HCD's corrective action letter to San Francisco. Some quick thoughts. Image
The first page of the letter says SF has failed to implement required actions 1.2, 1.4, and 1.10 from Housing Policy and Practice Review. SF has also failed to implement housing element action 8.4.5 by July 31. Relevant text attached here.


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On action 8.4.5, HCD seems to be taking the date in the action at face value. I had interpreted the deadline to be January 31, 2024, due to a drafting error. But the housing element adopted by SF includes a separate timeline column not included in the modified general plan text. Image
Read 22 tweets
Jul 27, 2023
Hello San Francisco. I'm attending a Board of Appeals hearing for an appeal of the Planning Department's proposed amendment to the Planning Code that would stop the 2700 Sloat housing project—a.k.a. the Sunset Tower. Image
Teague says this project started as a HOME-SF project [local density bonus program] originally, and it's not anymore.

Teague confirms that the issue is related to the interpretation of Planning Code sections 102 and 270.
Commissioner Trasviña wants to confirm that the public will have more opportunities to appeal a relevant project in the future.

President Swig says there could be "any number of forks in the road" for the direction of this project and paths to appeal it.
Read 97 tweets
May 25, 2023
Hello San Francisco, I'm at the Park Branch Library attending a pre-application meeting for a housing project at…hold, what's this address? 1846 Grove St? Is that…? Image
Yes, it's the same project that was cut in half from four units to two by Supervisor Preston at a Board of Supervisors appeal hearing!

Troy, the architect, is introducing the project. He and his partners bought the lot in 2017. In 2018 they proposed five homes, but after meeting with neighbors they made it four.
Read 39 tweets
Nov 15, 2022
Good afternoon, San Francisco. I am attending a hearing at the Board of Supervisors on the 2022 housing element update. Supervisor Mar says, "I expect this to be a long hearing." He called for the hearing along with Supervisor Melgar and Supervisor Stefani.
Mar says it's critical that we pass a compliant housing element to keep millionds of $$$ in affordable housing and local control. "The gauntlet the state has thrown our way is immense, but I'm confident we'll rise to the ocassion."
Mar says that the failures of Prop D and Prop E mean that "we cannot get this consensus by fighting each other."
Read 173 tweets

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