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Commission upholds PMND and approves modified design for 73320 Seventh Avenue after neighbor mediation
Summary
After an appeal and extended public testimony over potential historic resources, mid-block open space and tree impacts, the commission upheld the mitigated negative declaration for 73320 Seventh Avenue and, following late negotiations between neighbors and the sponsor, granted discretionary approval for revised plans dated Jan. 15, 2009 with a preserved facade and third-floor setbacks.
The Planning Commission on Jan. 22 considered a contested appeal and discretionary‑review requests for a proposed enlargement at 73320 Seventh Avenue.
First, commissioners heard an appeal of the project’s preliminary mitigated negative declaration (PMND). Opponents argued the DEIR/PMND omitted cultural‑resource findings, that the site’s mid‑block open space and landscaping may be contributory elements of the surrounding historic fabric, and that the sponsor’s analysis did not adequately evaluate building scale, rear‑yard intrusion and a 100‑year‑old California buckeye tree. Preservation consultants (including Carey & Company) and neighborhood representatives provided historic‑resource evidence and argued for recirculation or a focused EIR. The sponsor’s preservation consultant defended the DEIR analysis. After extensive testimony the commission voted to uphold the mitigated negative declaration.
The meeting then turned to the discretionary review of the project design. Neighbors and three discretionary requesters reiterated concerns about de facto demolition, the building’s width and depth relative to the block pattern, privacy and shade impacts on adjacent rear yards, and potential impacts to the landmark tree. The project sponsor and architect presented iterations of design revisions and described meetings with PAR and neighborhood representatives. Late in the hearing the parties reached a negotiated settlement on a revised envelope and facade: the sponsor submitted revised plans dated Jan. 15, 2009 that preserve a peaked gable facade character at the street, provide an increased side setback on the third floor (an 11‑foot offset from the side property line with a 5‑by‑5‑foot notch in the northwest corner) and limit the most intrusive third‑floor massing. The project sponsor and the principal discretionary‑requesting neighbors stated on the record they would not pursue further appeals if the commission adopted the revised plans.
On a motion to take discretionary review and approve the revised plans dated Jan. 15, 2009 (with the facade modification and the specified third‑floor notch/setback), the Commission voted unanimously in favor. Commissioners emphasized this outcome represents a negotiated compromise reached after extensive public engagement and mediation; they asked that the parties memorialize their settlement in writing. The department staff noted they will carry out the approvals consistent with the revised drawings and that any remaining technical conditions will be documented in the project file.
