The 765 Market Street Residential Owners Association; Friends of Yerba Buena; Paul Sedway; Ron Wornick; Matthew Schoenberg; Joe Fang; Margaret Collins v. The City and County of San Francisco; San Francisco Board of Supervisors; City and County of San Francisco Department of Public Works; Office of the City and County Surveyor; Bruce Storrs; in his
Published: Mar. 12, 2016 | Result Date: Feb. 9, 2016 | Filing Date: Jan. 1, 1900 |Case number: CGC-14-540094 and CPF-14-513433 Settlement – Equitable Settlement
Court
San Francisco Superior
Attorneys
Plaintiff
Respondent
James B. Morales
(Successor Agency to San Francisco Redevelopment)
Robb W. Kapla
(Office of the San Francisco City Attorney)
Facts
765 Market Street Residential Owners Association and several others filed two related complaints against the City and County of San Francisco, in connection with it's approval of a high-rise residential project in the Yerba Buena neighborhood known as the 706 Mission Street-Mexican Museum Project.
Contentions
PLAINTIFFS' CONTENTIONS:
Defendant's approval of the project allegedly violated CEQA and the Public Resources Code, the San Francisco Sunshine Ordinance, the San Francisco Conservation District Ordinance, and the state Planning and Zoning Law.
DEFENDANT'S CONTENTIONS:
The City and County of San Francisco demurred, claiming plaintiffs failed to show any CEQA or Public Resources Code violations. Defendants also claimed that the action was time-barred and that plaintiffs' requested declaratory relief was unavailable where no actual controversy existed.
Result
The parties reached an agreement, in which the City and County of San Francisco agreed to consider the installation of a crosswalk at Third St. and Stevenson St., revising signal timing and offsets on Third St., and relocating a pedestrian signal on that street. Real Party in Interest, 706 Mission Street Co., committed to donating $100,000 to offset the costs of funding any improvements approved by the City and County of San Francisco.
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