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Planning Commission delays Russian Hill project, neighbors press for Section 3.11 notice
Summary
Neighbors asked the Planning Commission to postpone a hearing on a deep‑excavation project at 1135–39 Green Street until the city issues a Section 3.11 neighborhood notice; the commission continued multiple items to allow the notice process and appeal options to be pursued.
Jamie Cherry, chair of the 1135–39 Green Street project team of the Russian Hill Community Association, told the Planning Commission that the project would excavate roughly 150,000 cubic feet of soil and add about 25 feet of vertical dimension beneath existing cottages, and asked that the hearing be postponed until the Department of Planning issues the neighborhood notice required by Section 3.11 of the planning code. "The proposed plans call for excavation of 6,000 square feet or a 150,000 cubic feet of dirt to a depth of 25 feet below the cottages," Cherry said during public comment, arguing that the work expands the building envelope and triggers the notice requirement.
Kathleen Courtney, a 28‑year resident of 1158 Green Street and member of the Russian Hill Community Association, echoed Cherry and said the request was not about the merits of the project but about whether the planning code's noticing rules had been followed. "If this project does not require a Section 3.11 notice, then what does?" Courtney asked, urging the commission to continue the hearing until the notice is filed.
Staff and the zoning administrator explained the department's long‑standing practice that below‑grade excavations typically do not trigger the Section 3.11 notice. Mr. Badner (zoning staff) said the department's interpretation and past practice treat below‑grade garage excavations differently from above‑grade additions, and that written determinations can be requested and appealed to the Board of Permit Appeals.
After public comment and staff explanation, the commission moved to continue items listed for continuance (items 1–6) to the dates specified by the secretary. The continuance provides time for neighbors to request a written determination and, if desired, pursue an appeal rather than immediately resolving the substantive permit issues.
Next steps: the Planning Department may issue a written zoning determination on whether the project requires a Section 3.11 notice; neighbors were advised to seek that determination and the Board of Permit Appeals is the appeal route if they disagree.
