Russian Hill Improvement Ass'n v. Board of Permit Appeals

This case involves the applicability and construction of certain provisions of the California Environmental Quality Act of 1970 and the 1972 amendments thereto (“CEQA”). (Pub. Resources Code, §§21000-21174.)

On July 7, 1971, respondent and real party in interest, William C. Haas & Co., Inc. (“developer”) filed an application for a site permit with defendant San Francisco City Planning Commission (“Commission”). The initial proposal was for 280 units of luxury housing in a single building along Lombard Street, 342 feet in height and 170 feet in length, with 340 parking spaces in a garage predominantly above grade and extending to Chestnut Street. Exercising its right of discretionary review, the Commission denied the permit application on August 12, 1971. Relying upon an August 6, 1971 memorandum prepared by the planning department (“Department”), the Commission found that “the proposed building would have a massive impact and extraordinarily detrimental effect upon the city as a whole, and upon the residents and property of the Russian Hill neighborhood.” The Commission also relied upon a report entitled “Urban Design Plan,” which contained general environ mental…