acknowledge that. how to resolve this, i think the school needs to take institutional responsibility to talk to students. >> i am trying to understand what you want to resolve. commissioner moore: i hear the neighbors supporting the school. i hear the concerns about parking. i want to be leaving the discussion that the school would be encouraged by us to continue to talk to the neighbors and support the institutional master plan with a caveat that we would like to at least continue to talk to each other. commissioner antonini: i think this institutional master plan is very thorough and complete. while there has been a discussion about general parking conditions in this area of the city, i do not think it really

involves the school. as has been mentioned, very few if any of the faculty or students are using cars, and they seem to be accommodated. even with the increased attendance, i do not see that as being an issue here. it certainly is always good to have discussions. but i feel comfortable with the informational master plan. hopefully, neighbors can get together and deal with the general problems that exist in the neighborhood, if there are some. commissioner borden: i think this is more of an anti-gay issue. -- more of an mta issue. if only two out of 10 students drive, that is better than most employers and most places here in the city. i would not put the burden on them to do even more than they -- they seem to be doing quite well in that space. if you want to have a

conversation with mta about this, they said the parking rates in other parts of the city. i do not think the onus is on the school law. i think the school is being targeted because it has growth overall. given the hours when the parking problem happens, which is at night, it does not even seem like the problem is there. obviously, we want you with your new students to continue the success you had in getting them to not bring their cars. they typically do not bring cars, nor do they want to bring cars. commissioner moore: i think the mta idea is a good one. however, that particular corridor is not frequented by mta. it is a golden gate transit route. it is a discussion one should

encourage. >> that are the ones -- commissioner borden: they are the ones to put the meters on the parking spaces. commissioner fong: there are some meters there they have recently installed, and activated even charges as well. so i understand that. you point out the big, inefficient system they have. they also have a shuttle system they use quite well. whether you are a fan of shuttle systems or not, it might be something to think about in the future. i agree with commissioner borden about the growth of schools in san francisco, which will hopefully lead to new residents and businesses. >> the way institutional master plans work is that when the commissioners close the hearing, that action allows the plan to be accepted. it is not an adoption. it is an exception of the plan. -- an acception of the plan.

perhaps we could document that a meeting took place and show that to the commission at a later time. president olague: we do not have to make a motion to close the hearing or anything. i guess it is done. >> as long as it is understood that that is your direction. president olague: that is correct, yes. >> commissioners, the commission has closed the public hearing and has accepted the institutional master plan as proposed, with the caveat that the school continue their dialogue with the neighborhood. they will send a letter to that effect to the department. the director will share that with the commission. this matter is closed. you are now in general public comment, where members of the public may address you on items of interest to the public that

fall within the subject matter jurisdiction of the commission. each member of the public may address to for up to 3 minutes. the entire category has a 15 minute time limit. i do have one speaker card. president olague: manny florez. >> let us try this again. [laughter] carpenters' local 22. there are a couple of projects that just recently broke on minnesota's st. by redmond lyon, and one on 14th and valencia. these projects are small but very significant. the fact is they have been idle for quite some time. so there is some life out there in the private-sector. it is slowly coming back. with that, i want to thank you for your support on these projects. thank you very much.

president olague: thank you for reporting back to us. we've had this discussion several times. >> exactly. whatever happens, they call us and let us know. thank you. president olague: thank you. commissioner fong: mr. flores, doesn't the local hiring taken this week? >> it is going to be kicking in in a couple of weeks. yes, it is, to answer your question. president olague: is there any additional public comment? seeing none, public comment is closed. >> thank you. commissioners, you are now on item 8, case # 2,009.0378c. president olague: commissioner antonini has to recused

himself. >> it is a request for a 224 town ands -- townsend street conditional use. commissioner antonini: i have a small property that may be within 500 feet of the site.fors from the commission on this hearing. -- for recusion from the commission on this hearing. >> commissioner antonini is recused. commissioner borden: to talk about this -- can we talk about the recusal when we review our rules next week? we have to vote on it, but we do not really have a choice. president olague: we will talk

to the attorney. >> i am from department stuff. before you is a request for a conditional use. the project is to establish a public parking garage for up to five years at 224 townsend street, 40 of street parking spaces attended by ballet staff -- 40 off-street parking spaces attended by valet staff. the building all -- building already contains large doors from which there will be ingress and egress. there has been significant support and only one phone call and one letter in opposition. the department recommends approval with the conditions that it meet the planning cuts section that requires that parking is provided for existing eating and drinking uses within

the district. this compensates for the lack of parking in others berkshires -- other structures. the proposed use meets the public and community commercial garages definition. community parking is principal committed -- principally permitted. it is part of city policy to encourage small business in the area. the letters from adjacent business owners indicate many parking spaces will be for patrons and customers. although public transit options do exist, the garages and interim use which does not conflict with potential development of the site pending future improvements of transit. the existing building is a historic building and is proposed to become part of the south and -- end historic

district. this can be accomplished with minor alterations to the building code. i am available for any questions. president olague: project sponsor? >> good afternoon, commissioners. rick gladstone. i am pleased to be here today to prevent this project. i am here on behalf of ares cp,,er = = -- i am here on

behalf of ares commercial property. i would like to think many people for their letters and calls for support, including the giants, the mission bay business association, the chamber of commerce, and many individual business owners, including some dor -- pdr users who have written letters of support. when is the market and timber company. i received this petition from 50 people and handed it to you, and today also received the mission bay business association muttra that is being distributed to you. we all the knowledge that brand new parking garages, new structures, do not follow our transit-first policy, even though this is not downtown, nor do permanent approvals for parking garages in existing

buildings follow our transit- first policy. that is why our client is not proposing either one of those. this approval is for an existing building for a five year period, which can be extended only by coming back to your commission. for reasons i will discuss, my client does not intend or hope he needs to come back here for any extension. this particular user is not the highest and best use. it is not the highest paying use. it does not provide an income stream to really fix of this property. nor does it provide the income stream by which a lender would allow loan for a substantial renovation, with -- which this historic building will eventually need. uses my client would rather see are the uses permitted by zoning as a matter of right, including entertainment news, residential use, etc.

what is being requested is a stop gap use since other kinds of tenants are not interested at this moment. if you need to find out why, there is an agent for commercial properties here tonight to can discuss it. as you know, the preservation element of your general plan encourages owners not to leave historic buildings like this vacant. the parking user today is a well-known parking operator as a tenant. that tenant has every incentive to keep this historic building from further deteriorating. this temporary use does address current problems that all of us hope will be temporary. for budget reasons, caltrans and muni have reduced services to this area. transportation people have told us that when giants fans want to go from montgomery station to the ballpark, they are often taking part to civic center or

beyond to make sure the can get on the train, just standing room to get to the ballpark. that is not a very efficient use of bart. in five years, the area will have a new transportation hub in the trans bay terminal. there will be nil muni line south of market that are being proposed not financed. most economists believe in five years we will have a much stronger economy. we believe there will be higher and better uses than this one. although this used did begin a year ago, this is not a situation of a party knowingly violating the law. i think it is pretty clear, when you look at the use in this neighborhood called "community commercial barrage -- garage." that use allows a parking news

which provides parking for " operators, employees, clients, and/or visitors of a primitive or approved conditional and non- residential use in the vicinity." naturally, restaurant visitors, visitors to pdr and creative arts businesses, and their employees, do park there. on evenings and weekends, there are some ballpark parkers. because that definition is what seems to be happening there, we were perplexed when we filed the applications to legalize it and were told that is not the appropriate category and that we needed to do a conditional use application for a different category that edgar manchin, called public parking garage. in the future, he would be good

for staff to take a look at those terms and maybe make some changes. there is south of market parking legislation going through the board of supervisors. it is a little confusing. of course, the transit-first policies have provisions for city car chairs -- car shares, bicycle parking, and motorcycle parking. after notification went out, we were contacted by lia and andy grass, neighbors who live on clyde street. it has a vehicular entry to the use, but the main one has always been rich street. however, apparently the neighbors have had problems with a restaurant user on that alley and feel that if the entry from that allied -- that alley is permanently closed to cars that

it will benefit neighbors on that alley. the have asked for that condition of approval. my clients have agreed to that. it is in your package. it is not in your staff report. after staff report came out, it is only then that we had the discussion. our architect indicated that you cannot go with the exact wording of the staff report because the staff report before you actually forbids even pedestrian egress. the fire department building code, according to our architect, does not allow the portion on pedestrian emergency egress on to that allied -- that alley. therefore, the condition we drafted is one that says no vehicular access of any kind in the future, access for pedestrians only, and only on an

emergency basis. we have talked to the neighbors, and they are happy with that language that we can read in for you. therefore, rich will continue to be the only access. just to wrap up here, the section of the planning code mentioned by edgar that is very important this section 803.5a, which states that restaurants and bars in the soma area should have adequate off-street parking. this area is full of restaurants and bars. there used to be a lot less competition to find parking. when momo's opened, parking was all over. however, there have been about a thousand new residential units. now that they are there and now

that public transit resources are strained, for a few years, especially during the years our world-champion giants will be having full stadiums, we request during those same years that you approve this temporary conditional use. thank you very much. i have time to read into the record that condition, if you do not mind. one moment. this was agreed on in writing between the neighbors and the project sponsor, and sent to your staff person. "the existing door with opening onto clyde street shall not be used for ingress or egress of vehicles or pedestrians, except pedestrian use shall be permitted in an emergency to satisfy the requirements of the building code." thank you very much.

president olague: i would like to open it up for public comment at this time. we do have one speaker card, and that is corrine woods. >> good afternoon. i served on the ballpark mission bay transportation coordinating committee before duvall park was built. i am hoping you will be here a lot in the future, but you never know. i opposed this conditional use application. we are desperately trying to put together a coordinated traffic and parking plan for the ball park. we are working very closely with mta.

we have extremely good transit. the 30 and 45 stop almost across the street from this lot. the 10 a half a block away. of course, we have caltrans, the m, and the t. evenings and weekends in this neighborhood, if there is no ball game going on, there is tons of street parking. if there is a ball game going on, that is who is going to park there. ballpark fans are willing to pay 10 times what anybody else will pay to park in the neighborhood. the manager of the china basin building told me he was getting $100 a car during the world series for ballpark parking, which is pretty outstanding. if you do approve this conditional use, and again, i think it is a mistake, because we have already got a lot of

congestion in this neighborhood before and after ballgames, i would suggest you do it with the condition of a pending peace of legislation, which anne-marie can tell you more about, which is an amendment to section 155g to discourage commuter parking by putting rates in place that do not allow for early birds or discounted monthly parking. because this legislation is not coming to you until the end of april, if you approve this now, they are grandfathered and do not have to comply with the conditions that are going to be going in place for the rest of soma. if you feel that this is an appropriate use of a ground floor street space for five

years, please discourage commuter parking and try and figure out a way to minimize the impact on the neighborhood. thank you. president olague: thank you. is there additional public comment? >> good afternoon, commissioners. my name is chris kelton. you have a petition my wife and i put together. we got 50 signatures in less than one day. my wife and i own a small patio cafes it right next door. we have been there since 1993. we are in favor of this lot. our customer base, who basically signed the petition, art software designers, graphic artists, and creative people. they come to work and have a difficult find -- a difficult time finding parking because the

lots on the next block are full at the times these people show up for work. it is important that they do have a place to park. not only does it allow them to go and do their work, but they also support the small businesses that are in the neighborhood. most of my clientele parks at that location, along with two of my employees. to throw them out on the street and make them look for other parking is a disservice to them and would not have a good impact on already-strained parking numbers. i am in favor of the parking lot with a five-year period. it would be a temporary use. it is needed now. as far as the early bird specials go, i have never seen that listed at that particular parking.

thank you very much. president olague: thank you. >> good afternoon, commissioners. i am lia grass. we did call in because clyde street alley -- you cannot pass two cars. when the company initially opened, they were using our street and we would have maybe 200 cars going down there every night, maybe four feet from my recliner in my living room come up because our sidewalk is may be 18 inches. we did address this with the restaurant that was using them for valet service. it took some time, but eventually that door came down and was not used any more. our neighbors in the homeowner'' association are agreeable to this for several reasons. one, that building is sitting

vacant. it is a beautiful art deco facade and was not being used. we would rather have something in there. we were getting the broken windows thing happening, a lot of broken windows. a lot of graffiti. a lot of new restaurants have opened around there and we are not able to find adequate parking ourselves. our building has no parking. when my window was broken into, that parking garage let me pull my car into have my window repair happen in the rain, because there was nowhere in the neighborhood to park a car. with the condition that was put in, which i wanted to say how grateful our homeowners are to edgar, who took this call from us and was very responsive and got us in touch with counsel, who was very responsive, the council for the business -- we are obviously open to it. we hope something better will come along five years from now, are right now we would rather

see something there than nothing. we appreciate your time. thank you. >> my name is arthur laing. i am the real estate agent that was employed to find a tenant for this property. i have 24 years' experience south of market leasing and selling commercial industrial warehouses. things have certainly changed, haven't they, in 24 years of? in my efforts were a solid 90 days of marketing the property. i know all the agents in the business on a first-name basis, and i know a lot of the users and tenants. user for furniture, a nightclub, a restaurant, or other uses. there were very nervous about the economy, saying, "i cannot do that with a year term."

we cannot do a year term either. when it came to concepcion, we all thought it was a fine use for the property. the building is well suited for it. big role of doors, single level, concrete, no noise, and they do not use the one-line side street. i hope you grant them a short- term use of five years, which in my business is a short-term use. we can all look forward to getting our heads together about transit first. truly, we need to start thinking that way. thank you very much. president olague: is there additional public comment? seeing none, a public comment is closed. vice president miguel: i got interested when i saw this

building. i think it is a good example of something that at some point will be subject to the preservation hearing. [laughter] but it is not good to happen right now, as the real-estate agent's testimony says. in the meantime, the last we want in this city to -- this city is to have empty buildings. the problem is far more than a parking garage would add for the neighborhood. it is a stop-gap measure, obviously. in five years, hopefully things will turn around so someone will be able to use their imagination as to what can be done for this building. i would like to move approval of this. i think the condition, as was