Environmental Review Under Way

The following letter was sent recently by the San Francisco Planning Department:

NOTIFICATION OF PROJECT RECEIVING ENVIRONMENTAL REVIEW

Date:	June 25, 2010
Case No:	2009.0342E
Project: Address:	2516 Mission Street/Medjool Sky Terrace
Zoning:	Mission St Neighborhood Commercial Transit (Mission NCT) Use District 55-X/65-B Height and Bulk District
Block/Lot:	3616/061
Lot Size:	6,760 square feet
Staff Contact:	Sarah Jones, (415) 575-9034, sara.b.jones (at) sfgov.org

PROJECT DESCRIPTION

The proposed project is authorization of use of the building's roof deck as accessory space to the Medjool restaurant and lounge. Approved uses in the building include 8,000 square feet of restaurant/bar use on the ground floor and mezzanine levels and 33 guest rooms, comprising the Elements hotel, in the second and third floors. The project sponsor is requesting authorization to use the buildings roof area as follows: 3,414 square feet for dining/outdoor cooking/bar use and 320 square feet for required open space serving the hotel guests. The project would include construction of laminated glass sound attenuation screens in locations that are currently unscreened on the northern and southern sides of the proposed dining area, as well as infill of existing openings on lower floors of the building with sound attenuating glass.

PURPOSE OF NOTICE

The project is being studied by the Planning Department's Major Environmental Analysis section to determine its potential environmental effects. No environmental documents have been issued for this project. Public comments concerning the potential environmental effects of this projects are welcomed. In order for your concerns to be fully considered or ensure your receipt of future environmental review documents for this project, please contact the staff identified above by July 13, 2010. This notice is routinely sent to community organizations, tenants of the affected property and properties adjacent to the project site, and those persons who own property within 300 feet of the project site. Anyone receiving this notice is encouraged to pass on this information to others who may have an interest in the project.

Environmental review provides information on physical environmental effects and does not make recommendations on the project itself. Other review or approval actions may be required for the project. These actions may involved further public notification and public hearings. If you have comments on the proposed project that pertain to matters other than physical environmental effects, please note the file number and call Ben Fu at 558-6613.

Planning Dept Now Reviewing Medjool's Rooftop Noise Impact on Neighbors

Medjool's rooftop restaurant and bar is now being actively reviewed by the city's planners to determine its impact on the neighborhood. The planners are being very thorough in trying to understand our community issues and we appreciate their efforts. (Sarah Jones at 415-515-9034 or Ben Fu at 415-558-6613). The project will likely come in front of the Planning Commission at a public hearing on a Thursday afternoon in late June or July.

Please show your support for the SFBC and Medjool's other residential neighbors by attending the hearing. We will provide more information here when we have it. If you live in a 300 foot radius of Medjool, watch your mail for notices from the Planning Department. They will be sending a postcard to let neighbors know that the environmental review is under way. This means they'll be looking at noise and other community impacts. Ten days before the public hearing date is scheduled, they will send another notice. Once the mailers have gone out we will post here, so check back regulary (or follow this blog to stay updated -- just click the Follow button on the right.)

REQUESTED ACTION: SAVE THE DATES!

Why? See the news from the February 10 Board of Appeals hearing below.

Planning Commission hearing in April or May
Block out several hours on Thursdays in April and May starting at 1:30, to be ready when the Medjool case is heard at the Planning Commission. We need to be prepared to offer the impacted neighbors' point of view on whether conditions in the conditional use permit adequately address noise impacts on neighbors. Follow this blog to stay updated (just click the Follow button on the right.)

Board of Supervisors meeting in July or August if an appeal is necessary:
Block out Tuesdays at 2:00pm (several hours if you can).

Other ways to help:
As our Feb 5 blog post below states, we have been touched by the 350 people who signed our petition or wrote letters in favor of the City requiring Medjool's rooftop to address community impacts. Click here to read some excerpts from letters of support. If you haven't already, please sign our petition, or help us secure neutral legal advice for the concerned neighbors' point of view by making a donation (specify 'noise impact fund'.) Thank you and we hope we can count on your continued support as we work to coexist with Medjool.

Excerpt from Feb. 10, 2010 Board of Appeals Hearing Concluding Deliberation

President Fung: Commissioners: I would move that we continue this … with strong recommendations to the appellant that it would be prudent for him to not have music on the roof, and to make sure that his clients that come there respect the level of partying they do on the roof.

Commissioner Mandelman: … I think what is so upsetting to me about this case is the prolonged operation of an establishment that is having impacts on neighbors where those neighbors have no forum in which to have those concerns heard. The notice of violation was correct, I think. This is exactly the kind of thing that could have had a conditional use permit and there should have been conditions on it and a sound wall or whatever. And the Buddhists and the residential neighbors should have had opportunity to have their hearing at the Planning Commission.

Latest Board of Appeals Hearing Update (Feb 10)

Background: Medjool has been running a large, open air rooftop restaurant and bar (the “Sky Terrace”) at 2522 Mission Street (behind the San Francisco Buddhist Center) for the last five years without proper permits. Almost a year ago, the Planning Department served a Notice of Violation, which Medjool appealed. The case was heard by the Board of Appeals eight months later on Dec. 16, 2009, and was continued (postponed) until February, 2010.

At a hearing on February 10, the Board of Appeals voted to delay upholding the violation, in order to give Medjool time to legalize the rooftop without incurring $100/day fines. By concluding that Medjool needs to secure a Conditional Use Permit (CUP) at the Planning Commission, the Board essentially confirmed that the Sky Terrace has been operating illegally.

Planning Department staff estimate 60 days (mid April) for the CUP to come before the Planning Department for approval. The following month neighbors can appeal to the Board of Supervisors, which could extend the CUP process.

Impacted neighbors would be wise to be prepared to attend Planning Commission meetings and offer their point of view. Mark all Thursdays in April and May in your calendar! The meetings are at 1:30pm. Then in May and June save time on your calendar for a possible appeal at the Board of Supervisors on a Tuesday at 2:00pm.

More information about the Feb 10 Board of Appeals hearing:

• Transcript of the hearing.
• Article about the hearing on Mission Local.
• Watch the hearing (about 90 minutes) on SFGTV.

THANK YOU!

Since a handful of committed volunteers launched Mission Coexistence just a few weeks ago, 350 supporters have either signed our online petition or wrote letters in support of peaceful coexistence between Medjool and all its neighbors. (Click here to read a few of the letters of support.)

Many thanks for your continuing support of the SFBC, which has been dedicated to peace and wellbeing in this community for the last 16 years.

Four Ways You Can Help

Step 1: Take two minutes now to sign our online petition! In the "Personal Statement" section you can share with the City Board of Appeals why the noise is such an important issue, what how impacts could affect you and your work. You can also write about how the San Francisco Buddhist Center has positively affected your life and work. (The petition requires that you enter your name, email, and street address, which are crucial information for us.)

Step 2: Please come to the Board of Appeals hearing on February 10, 5pm, at City Hall (map). If you can come to some or all of the meeting, mark your calendar and RSVP to CoExist@SFBuddhistCenter.org or 415-282-2018. Read more about how you can help on February 10.)

Step 3: Come meet with concerned neighbors February 1, from 7-8pm, to share information and prepare for City Hall. Pizza provided! Location: The SFBC, 37 Bartlett St. (map)

A strong February 10 showing of neighbors is critical to communicate concerns about noise impacts. The SFBC can’t speak for everybody – it’s critical to speak for yourself and voice your concerns. This will balance other viewpoints being communicated by Medjool's professionally run PR campaign.

At the hearing you can either 1) just stand up when needed to show you want noise impacts addressed, or 2) speak for one minute during public comment period (optional talking points provided).

If you can't come to the whole meeting, but can be available between 5pm & 10pm on Feb. 10 to zip over to City Hall for public comment (most essential), sign up for Twitter updates (@missioncoexist) and we will announce the time that this agenda item will be likely to begin.

Step 4: Help secure neutral legal advice for the concerned neighbors point of view. Medjool's attorney is currently suggesting solutions to neighbors. If we pool our resources, we can get independent consultation on noise and legal aspects. A starting estimate is around $10,000. Please consider visiting our donation page for credit card donations, or by writing a check to 'FWBO'. (Specify 'noise impacts fund.')