Pacific Heights Residents Association
San Francisco, California  94115
415-922-3572 or E-mail: info@phra-sf.org
 

Protect Residential Zoning!

At 1969 California Street, the Planning Commission recently approved allowing a commercial art gallery in a block that is zoned residential.

This was based on many misrepresentations and withholding of PHRA's opposition submissions by the planner. This sets a very dangerous precedent - get a building landmarked and then claim that the only way to preserve the landmarked residence is to allow a business to operate there.

Many large historic homes in San Francisco are maintained as such without needing to run a business at the residence.  The owner of 1969 California only sought this after operating as a gallery with numerous events and fully open to the public retail hours for which they were cited as this is not allowed in a residential property.

We are trying to negotiate with the owner to mitigate the intrusiveness of this business on the neighbors; however the owners want to have 25 events per year. The Planning Commission limited them to 5 gallery/showing opening events per year, but the owners say the other events are not for the gallery, they are fundraisers for charities etc. The reason they hold fundraisers on the property is to promote their art, just like any business that allows a fundraiser to be held there.

We need each of you to call and or e-mail all of the supervisors and let them know this bad precedent allowed by the Planning Commission must be overturned on appeal.

The appeal hearing is set for Tuesday January 5, 2010 at 4 PM. If possible, please attend this hearing and speak out as a neighbor.

Please let the supervisors know that this puts every residential neighborhood in jeopardy of having businesses allowed through this loophole. Please copy us in on any emails you send to the supervisors and let us know of any calls you may make. Our email  address  is info@phra-sf.org.  Thank you and Happy New Year.

District        E-mail       Phone

1   Eric.L.Mar@sfgov.org   415-554-7410
2   Michela.Alioto-pier@sfgov.org   415-554-7752
3   David.Chiu@sfgov.org  415-554-7450
4   Carmen.Chu@sfgov.org  415-554-7460
5   Ross.Mirkarimi@sfgov.org  415-554-7630
6   Chris.Daly@sfgov.org  415-554-7970
7   Sean.Elsbernd@sfgov.org  415-554-6516
8   Bevan.Dufty@sfgov.org  415-554-6968
9   David.Campos@sfgov.org  415-554-5144
10 Sophie.Maxwell@sfgov.org  415-554-7670
11 John.Avalos@sfgov.org   415-554-6975

CALL & E-MAIL ASAP!

 

 

October 22, 2009

CALL TO ACTION:  Preserve Residential Zoning -- Owners Sign Petition Below

As you may be aware the planning Commission approved a conditional use permit to allow an art gallery to operate in a residentially zoned block at 1969 California Street.  Many people work at home.  No permit is needed for that.  A conditional use permit is only necessary when surrounding neighbors are going to be affected by the business.  In this case, the art gallery will operate at the expense of the neighbors.  There is a lot of empty commercial space on Fillmore, Union, Polk, Chestnut and in Union Square.  That is where a commercial art gallery belongs.  This sets a VERY BAD precedent.  It was based on an assertion that running a business there was necessary to preserve the "Landmark" (the property was recently designated). 

The gallery operated illegally and only sought landmark status to apply for this loophole in the planning code.  Their presentation to the commission was filled with misstatements and mis-representations.

The business in this sort of a situation is supposed to be a neighborhood serving business.  This business clearly does not do that.

Most historic "landmarkable" houses in San Francisco are maintained as residences without a business use.  1969 California has always been a residence.  It has been completely remodeled several times since 1969 by families that could afford to live there without running a commercial business in a residence.

The gallery has 3 employees in addition to the 2 owners; will be open to the public for art shows 25 weeks out of the year from 10:00 a.m. until 5:00 p.m.; has no restrictions on street parking; can load and unload art as frequently as desired; and will have at least 5 evening events during rush hour with valet parkers who can shut down traffic.  In addition, there is NO limit to the number of people who can be invited to any event at any time!

This permitted use will now be with that property FOREVER.

 Enforcement of any conditions of the permit is very hard.  The city is very slow to take action.

 WE MUST APPEAL this decision to the Board of Supervisors.

If you own property within 300 feet of the 1969 California Street property, we are asking that you sign the request for the appeal.  Please call (415/498-6270) or e-mail to let us know how and when we may get your signature.

Many thanks for your support.

Greg Scott
President, PHRA
 

 

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