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Board of Appeals agrees to pause Hudson Pacific appeals after parties agree to cancel four permits

September 06, 2023 | San Francisco City, San Francisco County, California


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Board of Appeals agrees to pause Hudson Pacific appeals after parties agree to cancel four permits
The San Francisco Board of Appeals on Sept. 6 agreed to continue four appeals of building permits tied to 101 Spear Street so permit holders can cancel the permits and the board can administratively dismiss the appeals.

Appellant David Osgood told the board he and the permit holders had reached an agreement. "We have an agreement with the permit holders that the four permits that have been appealed will be canceled by the permit holder," he said, asking the board to unsuspend the permits so they can be canceled.

Tara Sullivan, counsel for Hudson Pacific Properties, confirmed the company "has no intention of following through with these four permits" and asked the board to continue the matter so Hudson Pacific can submit the cancellation documentation to the Department of Building Inspection.

Why it matters: the continuance gives the parties a brief procedural window (the board set the new hearing for Oct. 11) to complete the administrative steps that make the appeals moot, while preserving the board’s ability to confirm those steps have occurred. The board recorded the motion to continue and unsuspend the permits "for the purpose of cancellation" and noted that once canceled the appeals will be administratively dismissed.

What the board did: Commissioner Alex Lundberg moved to continue appeals 4A–4D to Oct. 11 and to unsuspend the underlying permits so the permit holder can cancel them; the board voted 5–0 to carry that motion.

Next steps: the appeals are continued to Oct. 11, 2023. The parties were directed to provide whatever documents are necessary to the board office and DBI to complete the cancellation and formal dismissal.

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