the draft e.i.r. was presented to the historic preservation commission at a hearing on december 15th. their comments are contained in a letter that is sdribted to you at today's hearing. -- distributed to you in today's hearing. the historic district does not accept this as presented in the e.i.r. they would like to have components that would fit within the existing building and provide more photographs and simulations that show how the building would fit in the context of the historic district and they recommend that an interpretive program be incorporated in the interior of the proposed building. finally, the historic preservation commission agrees that the aesthetics of the proposed project needs further review to be compatible. the draft e.i.r. identifies significant and unavoidable air quality impacts during the project construction and project

operation. to conclude my presentation, i would like to note that staff published this e.i.r. and it has a 45 public review period which closes january 22nd. those interested in commenting on the draft e.i.r. play submit the comments to the review office by 5 p.m. on january 22nd. the members of the public at the hearing today, please state your name for the record and address your comments to the adequacy and completeness of the e.i.r. all comments will than transcribed and responded to in a comments and -- and responsive document. those who have -- have commented will receive a copy of the document prior to e.i.r. certification or any approval action taken by this commission. this concludes my presentation. i'm available to -- to answer questions. thank you. >> thank you.

>> public comment? if not, public comment is closed. >> commissioner sugaya. >> did i hear staff say closing was the 22nd, it is actually i think on the -- on the document here, it says the 21st. >> technically it is the 21st, i made a mistake in -- in the agenda items, the 22nd is a saturday, so i -- i will say that we could accept comments until close of business on the 24th, monday the 24th. >> okay. >> thank you. >> commissioner antonini. >> i agree that the draft e.i.r. seems to be complete, accurate and adequate, but -- and part of that, even though i acknowledged the input from the historic preservation commission, the draft -- the draft e.i.r. is to analyze alternatives. one is a partial presentation.

while that is in the a favored alternative, it is -- it is analyzed which is important because the e.i.r. should include alternatives. that's a good thing. and again the further refinement of the astet ticks and the contextual nature of the building is important. that goes through my mind the project itself unless so -- and less so with the environmental impact report. i don't believe that -- that changing the -- the facade, changing the appearance of the building and motorcycling it contextual is not -- and making it contextual, won't cause additional environmental impact that is not currently an liesed. this is a draft and there will be a comment period and it will come back with comments and responses as it always does. there's certainly room for that. there may be other com moments on the part of other -- there may be other dom meants on the

part -- there may be other comments on the part of of commissioners. >> the slight discrepancy in the date. we'll accept comments until the close of business on the 24th. is that what you put on it? >> yes. the 22nd is saturday. >> to clarify for the record. thank you. >> commissioners, that puts us on item 12, case 2010, 09 c for 1971 fillmore sheet. request for conditional use authorization. >> the item before you is a request for conditional use authorization under 703.4 and 303 c and 303 i of the planning code and the formula use of 1970 fillmore street with bulk high in both districts. it is -- it is to convert retail

space previously occupied shume to another establishment, fields, a retail store specializing in skin and hair care products. it is considered a retail use under section 703.3 of the planning code. the proposal will involve interior and exterior units to the space. there are 35 stores nationwide. and the existing store at 2060 fillmore street at the southeast corner of fillmore and washington street was the second store in the country and has been in operation for approximately 10 years. the subject proposal will allow for the relocation of the existing store to the project site. the proposed hours of operation of the store are 10 a.m. to 10 p.m. monday through saturday and -- and 11 a.m. to 6 p.m. on sunday. as far as issues and considerations, there are

approximately 118 -- operating retail service and business -- restaurant businesses with the upper commercial district and estimate that, 15 to 25 or approximately 12 to 25% of the businesses that appear to call -- qualify as formula uses. today the department has not received letters or phone calls in opposition to the project. the project sponsor conducted a community outreach meeting that indicated that the fillmore street merchant's association and the pacific heights resident's association had no objection to the retail store. and the project sponsor has submitted a petition with approximately 120 signatures for merchants and neighborhoods in support of the proposed project. the manning department's preliminary recommend -- the planning demmed department's recommendation will allow for relocation of the existing store from 2060 fillmore street to the

project site. the majority of the establishment would be the commercial district is formally own. it is consistent with the mixed commercial-residential character of the upper fillmore street. this concludes my presentation. i'm available to answer any questions. thank you. >> thank you. >> is there public comment on this item? >> commission, my name is janet crane. crane architects. i have been helping fields with their permits. the most important thing is that they have been on the block 10 years, they're considered very good neighbors. they're moving four blocks within the neighborhood commercial district and there's no objection to the relocation. i have the points but they have -- it is really what is in your package, so if -- if that's enough information, we agree with the conditions -- and the

recommendation and we appreciate your support. thank you. >> thank you. >> additional public comment on this item? if not, public comment closed. commissioner ol lag commissioner olague:. we don't usually like to hear these on these calendars but they're great neighbors and, et cetera. so, i just want to move to approve. >> second. >> commissioner antonini: >> i had a question. i guess i didn't find in here, that was the square footage of the existing store. how does that compare with the new one? >> almost identical within a couple of hundred square feet. okay. great. >> and you know, while -- it doesn't really make a difference, i mean it certainly is a very, very good use. and if it is -- if the project sponsor is better served with the new location then that certainly should be their prerogative. is there any thought about who

might go into the old -- the existing facility or that is kind of up to the landlord or do you have any thoughts on what is going to happen there? >> it does have prospective tenants, he hasn't told us who it is. >> that's good. because then we'll have, instead of a vacancy, we'll have no vacancies between the two stores. i'm very supportive. yeah. >> commissioner borden. commissioner borden: i agree with commissioner olague. i know when we passed legislation, we hadn't anticipated a pre-existing use that already existed, having to move because of lease changes. so something, you know, might want to think about. not sure. also, this is actually very prominent corner because it is at the corner of pine and -- and fillmore, and so much -- so much traffic and stuff that happens at the corner, when fillmore went out of the space, it was a deadening impact on the block. it is great to have this. it is great to find out there's

another use coming right behind it. i commend you for being -- in the community, i have seen, i've been there and you had discounts at your stores and other restaurants that you were cobranding around the holidays. i appreciated the support because that's one of the complaints we often get at formula retail is they're not active participants in the community and this is very much that. i want to thank you for that and of course continue the great work. >> commissioner moore. commissioner moore: that neighborhood is very organized and not having any comment, i think this is a nod of approval. i think we trust that neighborhood being able to take care of themselves. so i find it -- it totally without question. we'll support this. >> commissioners, on that motion, antonini. >> aye moore aye sugaya aye olague aye. miguel aye. that motion passes unanimously. and puts us on item 13.

case number 2010.0513 c for 374 broadway. request for conditional use authorization. >> good afternoon. before you today is a conditional use authorization request for a conditional use authorization at the project site. the previous conditional use authorized the subject commercial space to -- it also restricted the hours of electronic liam myified music could be played from 6 a.m. to 12 a.m. and they're trying to amplify music between 12 a.m. and 2 a.m. and lech strong liam myified music is considered other use, and is permitted from the hours of 6 a.m. and 2 a.m. in the district. of note, the tenants that historically have a bar use, and project sponsor intends to carry forward the bar use and would

have another concept for the space. they discussed this with the police department. the police department indicated that would be -- that would be -- would be until 1:0. they said it would be open during the par's application and permitting until 1:45 a.m. if appropriate after one year of operation. project sponsor met with the police department and agreed to the police department's proposed time of 1:30 a.m. and the department staff received corners intothe in support and opposition of the project. letters of support have been received from the north merchant's association and north beach and business. a recommendation was rfed. the compatibility of the project. they have a condition use authorization request and allows

amplified music for several reasons including the following considerations. police department indicated they would be supportive of the 1:0 a.m. music stop time and after the broadway entertainment corridor. that allows them to more closely operate in the broadway n.c.d. the project promotes the viability of the overall broadway n.c.d. this concludes. i will be available for comments you may have. >> project sponsor. >> planning commission. employ name is northward mar vi. i'm a manage -- nard marvy. we have an offer from the police station that is allowing us to

play amplified music until 130 and consideration after one year. we're grateful and we accept the offer -- also -- tell you our story when me and my partner purchase the dragon bar, which sam young was the owner. he had a -- he had a -- entertainment license. >> could you speak a little louder. >> sure. >> he had an entertainment license that allowed him to play until 2 a.m. which operated for seven years which that condition and he had no -- no complaints or -- or from the neighbors or the police department. during our -- our outreach we found -- actually, when we went to the entertainment commission, they informed us there's a restriction on the license that -- that was only allowed to play until 12 a.m. for amplified music. they instructed us to apply for

conditional use. we initially had outreach with captain brown which was the central station captain. we had a good rapport with officer math that is -- that the yass. he also spoke to our inter-- he spoke to us and said we were a breath of fresh air for broadway. we -- -- when the -- when the central station went for a change and captain cashman was in -- in position, he recommended 130and 145 for music with recommendation -- of -- i'm sorry, the recommendation after one year for 145. we understand -- the -- the staggering strategies of broadway because of the because of the heavy traffic on there.

i truly feel it is -- it is mostly for saturday and for -- for friday and saturdays which, which there's all of the nightclubs and the bars that are there. we had 145 with captain anna brown which first -- first she -- she recommended 1:130 and then after i met with her. i she recommended 145and 145 was adequate time for -- for our patrons to be staggered. we have a good security plan. we feel that -- we feel that 15 minutes, we could get everybody out, and in a nightclub or a lounge. there's a difference between our patrons -- that -- that are on broadway on fridays and saturdays. we also understand that it is very hard for us to get our clients on fridays and saturdays to our place. because of the -- the traffic

and problems on broadway. the 15 minutes that was cut off from our closing time was i think -- was for friday and saturdays. they -- their lounge, they open seven nights a week. when you multiply that by 365, it just adds up to our bottom line. i truly feel that we need to -- to be -- to be successful in our goals. we need to be a good business operators. and also -- be a solution to the problem, no -- to be a solution, not a problem. i just wanted you to hear our story. we're -- we respectfully accept 130 offer. and i just felt you should hear our story. >> i amun able to hear.

>> i amun able to hear. the am beent noise is so loud from outside that his voice is muffled. >> commissioner requested the services to turn up the volume on the lech turn. >> it is not you. >> that concludes my comments. >> problems with that mic ever since they came out. not long enough. is there public comment on this item? good afternoon commissioners, i'm a consultant to the applicants. just want to give you a little overview. i certainly think a 10 and -- is

very reasonable. the police have been there for four years, trying to -- to get a handle on the situation. however, what is more concerning to me is -- rather than taking, you know, 15 minutes here from this an my cant who has made a considerable investment, the good owners, the good operators and they have done extensive outreach. i don't know if chopping 15 minutes here or there is going to stop guys coming from from east bay who have bought into this thug life mentality that are 18, 19, 20 years old who are attracted to the corridor for other activities. so, my -- my big concern here and this is for the whole thing is -- allowing good owners and operators to operate so they could have economically sustainable businesses, so they could buy the security and in this case, it is 176 occupancy with -- they're going to have four to seven security people that are highly trained.

i'm not worried about them per se. i'm more concerned about -- about some of the elements that has -- that an attractive place to come to the corridor. they're not patrons of any business down there. they're down there hanging out. congregating. this is the bigger challenge i think we face if the society and nobody seems to answer for it. i'm really concerned about -- about you know -- penalizing good owners and good operators. the police position as a whole, they got to get a handle on it too because they're dealing with drainage of resources and we'll have to do more for less. i totally understand their position. but -- i think in this particular case broadway as a whole needs more operators like the ones you just spoke to today so we could change the climate and the culture down there i'm optimistic about them but i'm concerned about other stuff going on over there. >> thank you.

additional public com pent on this item? if not public comment is closed. commissioner borden. commissioner borden: i'm happy to support this item. the new design of the club hooks really amazing. it hooks like it'll be a great establishment and unusual to get support from the police who seem to be against intensification of activitys in this area, it must be a credit to you as the project sponsor that they would be supportive of your project. i completely understand your issue, i been -- i been high ball lounge many times. they didn't shut down its -- at midnight they're murvinge. i don't know what the dis-- their music. i don't know what the discrepancy was you thought what you were getting was different. i think we should be supportive of 145. i think the issue is that the police department wanted to wait a year and i would like to craft a motion in a way that we could say it would be automatic, with the police department's support

that you could go to 145 in a year with the police support. make that automotive if that is what, since the police department said they would consider that. i would move to approve -- with the condition that -- that for 10 but 145 in a year with the police department support. >> second. >> antonini commissioner antonini: i entirely understand. you're going to run a good operation but i am cognizant of -- of you know, bridge and tunnel problems and other things that were alluded to. that being said, i completely understand the police position and not individualized for your establishment but rather the staggering allows them to respond. if everybody out at the same time and in addition to those that may wander around the street, it is impossible to police it. this way can -- they can direct their attention to people coming out and being victims rather than perpetrators.

hopefully that's not the case but others who do things. i think they can relegate their forces a little more which is staggering. i'm supportive, sounds like a plan. >> i am also supportive of the project. i wish you the best of luck. if there's a hand-some looking design. and upscale and revidal y50eu6bs revitalizes the area and we hope the security is at the utmost and for the safety of folks and the reputation of san francisco to make sure we don't have any more troubles. i'm supportive and good luck to you. >> commissioner moore. >> i'm supportive of the project based on the recommendation and the motion as put forth by the department. i think that the department has given the thought, i think it is a collaboration between all participants and i think i --

mr. catalano would not say we're singling about a group but starting a more interactive process. it would be great to have you be on board to have this group be the first one to start it. and somebody will always be the first. and if it works then let's go with it. let's go with -- the proposed time as for department and start there. and then we could see how it works. >> i'm also supportive of this project and what i'm pleased about for a change, a police station is actually given a reason for their recommendations. those of you who are around here any length of time know what i'm talking about. >> commissioners on that motion. an neney? aye borden aye moore aye sugaya

aye. so moved, that motion passes unanimously. and puts us on a and b for 2000 for 519 ella street and 430 eddy street. >> this is a request for an amendment to the kns of approval for two previously approved conditional use authorizations. and good evening, president miguel and members of the planning commission. my name is kevin guy with the department staff. once again this request is to amend the conditions of approval for two previously approved companion projects to extend the performance period by three years. the projects would construct two five-story buildings, containing affordable dwelling units and

two adjoining properties located at 519 ella street and 430 eddy. the entitlements were approved in 2004. the project are not constructed for the economic downturn and difficulties and financing for affordable housing projects. however, the sponsor wishes to pre-- preserve the opportunity should s improve. they originally wanted a tax credit and city funding but now expressed an interest to seek out other means of the partnership for other affordable housing developers. the staff believes the request is appropriate given the economic circumstances are beyond the control of the project sponsor. the buildings would replace a underutilized existing surface parking lot and would replace it with affordable units. it is well suited for the housing given it is served by twrans it and within walking distance of goods and services.

following the staff report, the staff received comments from mr. shaw from the clinic. mr. shaw indicates he supported the entitlements however, opposes the requested extension. he believes the project sponsor had ample opportunity to develop the subject property and does not believe the project is financially viable. he expresses a concern that the sponsor may be retaining existing land and -- land entitlements simply to insulate the value of the subject property. and have copies of mr. shaw's letter at this time. we have no other letters in support or opposition to the entitlement. no changes are proposed to the design or intensity of the project as originally approved. and that all of the original conditions of approval would remain in effect. should the commission grant the extension, the zoning administrator was omp asked to extend the timeline for the

associated variance. this concludes my presentation. i'm available to answer any questions that you have. thank you. >> thank you. >> project response here? >> good evening. my name is erik tang. i'm the owner of the property located on -- i'm -- i requested you to grant the extension of this project. my intention is to -- to complete the project and finish the -- >> excuse me, sir. i'm sorry to interrupt you. the commission is having a hard time hearing people out of that mic. i think that second mic right next to you does a better job.

i'm going to turn that one on and if you don't mind. >> yeah. >> my name is erik tang. i'm the owner of the property. i request the board to consider granting the extension for this project. my intention is to complete this project and i know there was concern regarding the -- the -- the viability of this project. we have been trying to build this project for the last few years and we were in and out of the contract and working with different nonprofit groups to do the financing and -- i been talking to -- to the lender recently that -- that -- by utilizing the financing, we could -- they could basically finance this project up to 90% of the cost. we ran numbers. as a matter of fact we ran numbers yesterday that -- that you know the number of -- the number worked out and it is enough to like -- to -- to fill out this project. and obviously the process ta