San Francisco Chronicle

Owner of spa sues over OK of basin plan

- By Trisha Thadani Trisha Thadani is a San Francisco Chronicle staff writer. Email: tthadani@sfchronicl­e.com Twitter: @TrishaThad­ani

The owner of Archimedes Banya, a Russian bathhouse in BayviewHun­ters Point that boasts sprawling views of India Basin and a state-of-theart spa, is suing San Francisco over a massive developmen­t project the owner says will damage his business.

Guests who come to the bathhouse to unwind and relax will be disrupted by the sound of jackhammer­s, clanking cranes, noisy constructi­on trucks and dust, said owner Mikhail Brodsky. And tall residentia­l buildings planned for the area will not only block the roof deck’s panoramic views of the bay and San Francisco’s skyline, he said, but also violate the privacy of sunbathers, who are sometimes nude.

“We bought this land in 1999 when no one wanted it,” Brodsky said. “We wanted the space and some fresh air ... and now they are basically boxing us in.”

This lawsuit, filed in San Francisco Superior Court on Monday, comes a month after Mayor London Breed signed the India Basin developmen­t agreement for the project, a comprehens­ive reimaginin­g of the city’s jagged eastern edge.

Developer Build Inc. plans to turn the sparsely populated land into a bustling community. The plans include 150,000 square feet of commercial space and 1,575 units of housing, 25 percent of it affordable.

The Banya, which has been open since 2011, is one of the few businesses on Innes Avenue. The lawsuit challenges the validity of the project’s environmen­tal impact report, which the plaintiff says did not adequately consider an extra 300 residentia­l units that the developers added without sufficient public notice. As a result, the lawsuit calls for the city to update the report under the California Environmen­tal Quality Act.

District 10 Supervisor Malia Cohen, who sponsored the project, said she stands by the city attorney and Planning Department’s work on the developmen­t and expects that the “project will move forward as planned to provide housing and revitaliza­tion for our India Basin and Bayview communitie­s.”

The Banya was one of two appellants of the project. Despite their concerns, Board of Supervisor­s approved the project in October.

The City Attorney’s Office said in a statement that it expects the project to move forward as planned.

“The proposed project was thoroughly analyzed in accordance with the requiremen­ts of CEQA and we intend to vigorously defend it in court,” the statement said.

Brodsky said in a letter to Mayor London Breed that the project “would substantia­lly interfere with a significan­t portion of the Banya’s business, degrade the Banya, and eliminates the ability for the community to enjoy the facility.”

While Brodsky said Build Inc. offered him some compromise­s — such as helping him change his building’s zoning through the Planning Commission so he could make it taller or literally picking the Banya up and moving it closer to the waterfront — he declined the offers as he felt they were unrealisti­c. Build Inc. declined to comment.

Although it’s not stated in the lawsuit, Brodsky said he ideally wants the city to “put pressure on the developer to rearrange the heights (of the buildings) in a way that we have certain space.”

The Banya was created “to have rest and relaxation,” he said. “We need to see some water.”

While lawsuits challengin­g environmen­tal impact reports are common for big developmen­t projects in the city, they are rarely successful, said land use attorney Tim Tosta, who is not involved in the Banya’s lawsuit.

“On a relative scale, San Francisco does some of the most sophistica­ted (California Environmen­tal Quality Act) work you’ll find,” he said. “That means they do a really good job with their Environmen­tal Impact Reports. So when you go after a San Francisco EIR, it’s an uphill fight.”

Even with the pending lawsuit, the developers can proceed with the project until a court rules otherwise, Tosta said. Build Inc. plans to complete the project by 2022.

Many India Basin residents, like Michael Hamman who lives next door to the Banya, are excited about the project. He sees it as the community’s best shot at finally getting some amenities and services in the isolated neighborho­od — like public transporta­tion and a grocery.

Hamman — who struck a deal with the developers to move his home closer to the waterfront — doesn’t sympathize with the Banya. He disagrees with the idea of denying the city the ability to move forward with the project in order to preserve “the views of one small business.”

“I hope that this lawsuit doesn’t delay the project,” he said. “Because I think (the argument) is without merit, and the neighborho­od supports the project enthusiast­ically.”

Even though the developmen­t could eventually attract more customers to the area, Brodsky said he will lose more from the project than he will gain.

“I’m not saying we will go out of business,” Brodsky said. But “right now, the Banya is brilliant. After the (project), it will be different.”

 ?? Photos by Lea Suzuki / The Chronicle ?? Loungers at Archimedes Banya, a Russian bathhouse, now have a view of the bay.
Photos by Lea Suzuki / The Chronicle Loungers at Archimedes Banya, a Russian bathhouse, now have a view of the bay.
 ??  ?? The owner of the bathhouse is worried about losing this view of the bay when an India Basin developmen­t is built.
The owner of the bathhouse is worried about losing this view of the bay when an India Basin developmen­t is built.

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