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DATE: November 2, 2012
NOTICE OF APPEAL TO THE SAN FRANCISCO BOARD OF SUPERVISORS, REQUEST FOR STAY and REVERSAL OF IMPLEMENTATION, and REQUEST FOR REVIEW
This is a Notice of Appeal of the October 16, 2012 actions of the San Francisco Municipal Transportation Agency (“MTA”) Board of Directors approving the Oak and Fell Pedestrian and Bicycle Safety Improvements project (the “Oak-Fell Project” or “the Project”). The approval of the Project was an abuse of discretion and a failure to proceed as required by the California Environmental Quality Act (“CEQA”) (Pub. Res. Code §§21000 et seq.). This is also an appeal of the San Francisco Planning Department’s October 4, 2012 Categorical Exemption of the Oak-Fell Project.
The Project is also a violation of the Americans with Disabilities Act, 42 USC Section 12101 et seq (“ADA”) and California disability rights laws, including California Civil Code Sections 54 et seq. (The ADA and California disability rights laws are sometimes referred to collectively herein as the “Disability Rights Laws.”)
This is also a Request for Review of the October 16, 2012 MTA Board actions pursuant to the San Francisco Charter §8A.102 (b)(7)(i).
Appellants request an immediate STAY of implementation of the Project and every part of it, pending final determination on this Appeal and Request for Review, and pending full compliance with CEQA and other applicable laws. Also, because MTA has already begun implementing the Project before the time to appeal the actions described in this Appeal and Request for Review has ended, appellants also demand REVERSAL of all implementation of the Project and restoration of pre-Project conditions on all affected streets and sidewalks.
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