Wireless Permit Denied in San Francisco

For the first time in the City's history, the San Francisco Board of Appeals has denied a permit for a wireless facility under its jurisdiction.

In a unanimous decision Wednesday night, the Board revoked a permit for a NextG Networks wireless facility installed on a utility pole in a public right-of-way on 27th Avenue in the City's Richmond District.

The Board found that under local regulations that pre-date the current Avalos legislation, the Department of Public Works (DPW) should have referred NextG's application to the Planning Department for review because 27th Avenue is identified in the City's General Plan as a street with 'good' or 'excellent' views. Since DPW did not do so, the Board found this to be grounds for revocation of the permit.

The Board also cited NextG's widespread non-compliance with conditions of approval the Planning Department has imposed on other NextG installations around the City as an additional reason to deny the permit.

As the first-of-its-kind decision by the Board of Appeals, this neighborhood victory establishes an important precedent for any future appeals brought by neighbors of wireless antenna facilities installed in the City's public rights-of-way under the now-effective Avalos legislation

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