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Planning Commission approves up to $850,000 in impact-fee waivers for Dogpatch Arts Plaza, contingent on CAC review
Summary
The Planning Commission authorized a base Eastern Neighborhoods impact fee waiver of $565,100 for a new Dogpatch Arts Plaza at 650 Indiana Street and approved an additional $284,900 (for a total maximum of $850,000) contingent on a favorable recommendation from the Eastern Neighborhood CAC; vote was unanimous.
The Planning Commission on May 15 voted unanimously to authorize impact-fee waivers to support the Dogpatch Arts Plaza proposed at 650 Indiana Street.
Staff presentation: Adam Varys and Lisa Chen (Planning Department) described in-kind agreements, which allow a developer to receive credit against impact fees for building public improvements. Lisa Chen outlined the sponsor—s proposal: a plaza on Nineteenth Street adjacent to Highway 280, programmed for public art, community events and a small cafe, with the sponsor taking responsibility for maintenance and liability. Chen said the Eastern Neighborhood CAC had recommended a $565,100 waiver; the sponsor requested an additional $284,900 after design changes increased cost estimates, which would bring the total to $850,000 contingent on a positive CAC recommendation.
Sponsor remarks: Michael Yarny, principal at Build Inc. and executive director of Up Urban, presented the plaza design, outreach work and maintenance options (a proposed Green Benefit District or a cafe tenant steward). "This is our first, if you will, beta project," Yarny said, describing outreach at Sunday Streets and the advisory board they formed to support the plaza.
Public comment: Ben Fry supported the plaza but urged safety measures near the Caltrans-owned embankment and recommended gated closure at night to protect residents; Dogpatch Arts Plaza advisory chair Susan Eslick said the neighborhood strongly supports the project and urged approval of the $850,000 waiver.
Legal/procedure: Deputy City Attorney Susan Cleveland Knowles advised that the Commission retains ultimate decision authority under the Planning Code and cannot delegate final approval to the CAC; staff and the city attorney proposed motion language to approve the higher amount contingent upon the CAC—s recommendation and to require the waiver to return to the Commission if the CAC does not concur.
Action and outcome: Commissioner Moore moved (seconded) to authorize the Eastern Neighborhoods impact fee waiver of $565,100 and to approve an additional $284,900 for a total maximum of $850,000 in fees waived, contingent on the project sponsor returning to the Eastern Neighborhood CAC for recommendation of the additional amount; the motion passed unanimously, 7-0. The vote includes the contingency that if the CAC does not concur the Commission will review the waiver again.
Next steps: The sponsor must return to the Eastern Neighborhood CAC for action on the additional request; if the CAC does not recommend the higher amount, the matter will return to the Planning Commission.
