FOGG Alert – September 21, 2015

Great News – Another Legal Win in the Courts!!

The 1st District of Court of Appeal has upheld the judgement of the San Francisco Superior Court that the State Lands Commission cannot overturn the voters of San Francisco and the California Environmental Quality Act (CEQA), and “to set aside its unlawful approval of the transfer of public-trust property known as Seawall Lot 351 to the Port of San Francisco.”

The transfer would have facilitated the luxury condominium project at 8 Washington Street.

You may read the entire press release by clicking on Defend Our Waterfront Press Release on this website.

Thanks to the efforts of attorney Susan Brandt-Hawley for the excellent work she did in fighting the appeal.

Lt. Governor Gavin Newson, Chair of the State Lands Commission, who spearheaded the Commission’s effort to overturn the previous ruling by Superior Court Justice A. James Robertson II, was a leading proponent of the 8 Washington Street project, as was San Francisco Mayor Ed Lee.

Both elected officials campaigned heavily for the 8 Washington Street project with TV ads and news stories. As our supporters will recall, the voters of San Francisco overwhelming rejected the 8 Washington Street project in the November 5, 2013 election.

FOGG and our No Wall On the Waterfront partners are pleased that the people of San Francisco won another battle in maintaining the open space along the waterfront, and the survival of the community’s outdoor recreational center. (Bay Club at The Gateway.)

FOGG hopes that the SF Port will now recognize that their Exclusive Negotiating Agreement (ENA) with Snellgrove puts them in an untenable position. The ENA does expire in 2016. FOGG wishes to see that SWL 351 is developed with enough imagination to allow for a low rise multi-purpose activity center/café, open to the public. It should be held to a low rise height, no more than 40 feet, so that the views to the hills from the waterfront are maintained.

Together with the proposed Teatro ZinZanni project planned for the seawall lot at the corner of Broadway and the Embarcadero, these side by side seawall lots will set a positive tone for the west side of the Embarcadero.

FOGG will continue to monitor all plans proposed for our neighborhood’s open space. We see events moving our way.


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