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Public commenter accuses city staff of attempting to sidestep COA for proposed Zen Rock Garden

San Francisco Historic Preservation Commission · August 16, 2017
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Summary

Marvin Lambert told the commission he believes Planning and Parks staff are revising a proposed Zen Rock Garden/Cottage Row Mini Park to avoid a required Certificate of Appropriateness in a historic district, and said he will take the matter to the Sunshine Ordinance Task Force.

During general public comment, Marvin Lambert put the commission on notice that he believes Planning and Parks Department staff and the project sponsor are revising a proposed Zen Rock Garden and Cottage Row Mini Park design to avoid a required Certificate of Appropriateness for work in a historic district.

Lambert alleged the sponsor is changing the garden design to reduce the size of a retaining wall so a DBA permit rather than a COA would apply and said staff "either has malintent or is willfully ignorant" of Article 10, Appendix K requirements. "The revised proposal is being constructed in a way that would circumvent the law," he said, asserting the change would avoid COA review.

Lambert told commissioners he had attached supporting materials to an email to staff and said he intends to pursue the matter with the Sunshine Ordinance Task Force if necessary. Staff did not provide a direct rebuttal to Lambert's detailed accusations during general public comment; the item under discussion that followed at this hearing was unrelated to the Zen Rock Garden.

The commission did not act on the Zen Rock Garden claim during this hearing; Lambert's remarks were recorded as public comment and he indicated he would pursue additional administrative review.