The put-off decision is whether to grant property owner Lawrence Lee's appeal of Planning Director Gerald Green's October decision that approved Lee's plan to replace the old Apollo Theater with housing, offices and retail, but added in restrictions prohibiting big retailers that essentially kill Lee's plans to anchor the project with a Walgreens drug store on the corner, giving it maximum street exposure.

Supervisor Aaron Peskin recused himself from the discussion because the City Attorney's office informed him his previous contact with the Walgreen's drug store proposal on Geneva Avenue meant he could not vote on the appeal before the board. With three members already absent that meant just seven supervisors were left to take a vote - too few to grant an appeal since a supermajority of eight would be needed on the 11-member panel. So those remaining agreed on a one-week delay.

District Attorney Terence Hallinan showed up at the board meeting, an unusual move he explained afterward that was motivated by curiosity as to what the testimony might be. He says he planned to make no statement, although his office has filed misdemeanor charges against a former planning commissioner in connection with the project.

At the end of October, prosecutors filed charges against former Planning Commission President Hector Chinchilla, who allegedly accepted roughly $20,000 as a consultant to the project sponsor earlier in the year before his commission was dissolved this summer. Although Chinchilla was excused during the June votes on the project that went nowhere anyway, the District Attorney characterizes his participation as violating conflict-of-interest laws.

A new seven-member Planning Commission was put in place this month and began meeting under San Francisco's new voter-approved power-sharing experiment between the mayor and Board of Supervisors, each of whom appointed some of the incoming members.

Chinchilla's case is due in Superior Court on Nov. 21 for arraignment, according to prosecutors.

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