Commission approves 4-story housing project at 733 Treat Ave., finds UDU legalization infeasible

The Planning Commission approved a conditional use authorization at 733 Treat Avenue on Nov. 4 to demolish a long-vacant commercial building with an identified unauthorized dwelling unit and replace it with a four-story residential building containing six family-sized units and one accessory dwelling unit.

Planning staff (Ella Simonsky) said department screening concluded a UDU had existed on the site based on planning and code-enforcement records, and staff prepared a draft motion reflecting that the cost of legalizing the UDU would exceed the gain in property value, making legalization financially infeasible under Planning Code Section 3.17. The proposed project includes seven vehicle parking spaces, eight Class 1 bicycle spaces and two Class 2 spaces.

Neighbors disputed whether the building had been occupied for long periods; Peter Fleck and Gil Mendez said a resident had lived in the structure at times and warned of light-and-air and displacement impacts. The project sponsor argued code and public records did not show a long-term residential tenancy and said the building had been vacant since about 2015. The rent board had no record of evictions related to the site, staff said.

After questions about the record and confirmation that code-enforcement complaints informed staff's conclusion, the commission voted 7-0 to grant the conditional use authorization with the conditions in the staff motion.