439 balboa street. We definitely want to oppose the approval of this conditional use permit and we are here to support the appeal. I would like to show you the diagram, the subject building is right there and the one next to it is exactly ours. We have seven commercial Stores Currently but it is within the partnership that our intention is to build another 34 story. So we will be creating low housing, commercial store for the area, and my concern is this i understand the safety zone to 32 feet. Can you imagine once we build our building, anywhere from 34 stories, i will make it short. So the safety issue, 32 feet were within that. In another issue is the notification process dh most of the Property Owners never got noticed until i just learned about this last week. Thirdly, and if that were reduced the housing, people will not rent m this area which we are decreasing the housing stock. And lastly, i want to say. President david chiu thank you very much. Next speaker. Thank you everyone
Saying that every single parcel gets notice knowing that notice when most of those parcels are occupied by renters and most of that mail gets returned as undelivered, is that a superior notice . Then sending notice to everybody who participated in the planning process for a number of years, and that includes renters, includes whoever had any participation, left any kind of way of being contacted, you know, thats the tradeoff there. Which is more effective notice. I would just say if youre going to choose a notice of acceptance, you would look at maybe if the Property Owners property would actually be rezoned, right . If im in a Residential District rh1 or whatever and my property is not going to be rezoned anything different, maybe this is more general notice i would get. If im in a property where im going to become legal nonconforming or property is being up zoned or down zoned, thats more my concern. So, how do we im not saying that should be fairly easy to separate out. I just think
Provisions will adversely affect how the Planning Department does things basically well send out a dr, 311 notice, a notice before this body, all of those notices, up until the point that action that triggers ceqa review will say x has been [speaker not understood] in term of Environmental Review. At this hearing or some subsequent hearing, there could be an action that would trigger a ceqa review period. If you have ceqa concerns, contact Planning Department, rec, park, whoever, and that department has an obligation to notify those people. And the thing i think has not come out at all in this discussion so far is if there isnt notice, then none of the streamlined process is triggered. Similarly so, there is no notice, there is no streamline. In the legislation as its written right now, there is a 20day period for exercising appeals if you have notice. There is a 30day period if there isnt notice. A number of people architect heritage has expressed concerns. If there isnt notice, why i
Streamlined process is triggered. Similarly so, there is no notice, there is no streamline. In the legislation as its written right now, there is a 20day period for exercising appeals if you have notice. There is a 30day period if there isnt notice. A number of people architect heritage has expressed concerns. If there isnt notice, why is 10 days more adequate . I think thats a fair question. You know, again, reminder that there is no notice requirement in ceqa for exemptions period under ceqa for any kind of ceqa action. There is a default of six months that has nothing to do with notice. Right. So, that is something i think is, you know, a legitimate concern as to what is, should it be 30 days, should it be something else, should it be if you dont provide notice you default to the sachs statutory limitations of six months. Thats up to the guidance that you and others provide and the supervisor and the boards judgment. And i guess my question, though, then, so just kind of playing thi
30 days with no notice, 20 days with some notice, is also somewhat problematic. Those seem to be the two biggest issues that everybody is touching on. There is another thing about the fair argument which i dont see i cant find that language in the legislation because im not going to address it. It sounds like theres legal ramifications for even trying to change that wouldnt even beyond our concerns. But i think that there are real concerns about looking at what you would describe as the first discretionary action or what you would describe as discretionary actions. I also think that there is, you know, looking at what is an appropriate appeal window based upon those actions make sense. There is an issue, ms. Hester acknowledged there is an issue with ceqa. I think thats been frustrating for a lot of people because ceqa provides information. It doesnt say, a project is good or a project is bad. It is a way of decisionmakers having information to determine whether or not they want to mov