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Board continues Medjool rooftop dispute to Feb. 10 after hours of testimony; rooftop may remain while CU process proceeds

San Francisco Board of Appeals · December 16, 2009
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Summary

After several hours of testimony from neighbors, planning staff and hundreds of supporters and opponents, the San Francisco Board of Appeals continued an appeal over Medjoolrestaurantrooftop operations to Feb. 10, 2010, while holding enforcement penalties in abeyance and urging the parties to pursue conditional-use and targeted noise mitigation.

After more than three hours of public testimony and legal argument, the San Francisco Board of Appeals on Dec. 16 continued the contentious appeal over the rooftop restaurant and bar at Medjool, 2516–2524 Mission Street, to Feb. 10, 2010. The board voted 4–1 to give planning and the restaurant additional time to pursue a conditional-use application and any required environmental review; while the appeal remains pending, penalties are held in abeyance and the rooftop operation may continue pending good-faith progress.

Planning staff told the board the rooftop is operating as a principal eating- and drinking-use and therefore requires conditional-use authorization and likely focused environmental review for noise. Craig Nikkides of the Planning Department said the roof deck has its own entry,…

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