Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Land Use Code Enforcement topic
No spam. Unsubscribe anytime.
Board adopts amended findings allowing limited massage use at 245 Clement with conditions
Summary
The Board of Appeals adopted Planning staff'proposed findings for 245 Clement Street with two changes: inserting "and documentary evidence" into a credibility finding and explicitly removing the second'floor reception/waiting area from permitted configuration; the vote was 4'to—.
San Francisco ' The Board of Appeals voted 4'to— on Oct. 1, 2008 to adopt findings in the appeal concerning 245 Clement Street (appeal O7'196). The adopted changes clarified evidentiary basis and limited the number and arrangement of treatment rooms.
Planning staff (Tina Tam) told the board that the Planning Department's position was the second'floor independent massage use conflicted with the planning code unless authorized as an accessory use to a medical or personal service. Tam also corrected earlier comments about whether a police report existed and said planning had since located a report but had not confirmed its disposition.
Opposing counsel and the property sponsor argued estoppel and detrimental reliance based on prior board votes and expenditures for improvement; Rick Gladstone and others urged that the board had effectively decided to set conditions later at an earlier hearing. The board discussed whether prior votes left conditions to be set by staff or whether a four'vote threshold was needed for finalizing conditions.
Board members reached compromise language on two amendments: they added the phrase "and documentary evidence" to a credibility finding (paragraph 5) and directed removal of the reception/waiting area on the second floor (paragraph 10b) while preserving other planning conditions; the motion to adopt the findings with those changes passed 4'to—.
The decision requires the appellant to obtain a valid building permit consistent with the revised configuration and subject to reasonable revisions and necessary approvals from other city agencies. The board scheduled adoption of formal findings as part of its administrative record.
