>> -- commissioner olague: ok. if i could remind everyone to tell -- to turn off your cell phones. i am going to call roll again. [roll call] commissioner borden? she just stepped out. commissioners, we continue items until the 1:30 component of the calendar. with that, i will call those items.

item one -- the 17th and folsom park. the item is proposed for a continuance until april 14, 2011. commissioners, we have item number 14 or 45 lansing's street. the item is continued for april 14, 2011, and that is because your calendars is -- your calendars are so full, that is the first available date. i know the sponsor wanted an earlier date, but i could not accommodate that. those continuances are in your hands. commissioner olague: is there any public comment on items proposed for continuance? >> commissioner steve atkinson

for the 45 lansing project. i appreciate the difficulties on the calendar. it is unfortunate. i wonder if there is a possibility of adding the item trailing another agenda? we had an example this week of several items continued at the last minute. this is an important project. it would be useful to have it considered sooner, rather than later. there was really no violation of the process here in any event, and therefore there is no other reason than your agenda for not hearing this. thank you very much. commissioner olague: thank you. is there any additional public comment? >> sue hestor. i am still trying to figure out

if anyone got anything in the mail today. i would appreciate the continuous with an april. we have become a little jaded when we have a project with as many parking spaces like this. we have no consequence. people in the neighborhood deserve a little bit of a chance to prepare for the hearing. that is all. you know, i would take any day in april, but next week is ridiculous. people are still trying to file their documents. and when i called, i found they had not gotten their mail yet. staff says there was a mailing yesterday. i do not know. thank you. commissioner olague: thank you. any additional public comment? seeing none, public comment is commissioner antonini closedantonini -- public comment is closed. commissioner antonini:?

commissioner antonini: i have a question for ms. hestor. i was considering moving it to april 7. will your clients be available? >> i hope so. i will at least be available. commissioner antonini: ok. we will give it a try. >> commissioners, before you do that -- let me tell you why april 7 is not available. you have treasure island -- which is your evening meeting -- you still have the executive park proposal for that day. you have a legislation for the fairmont hotel proposed for that day. commissioner antonini: i thought that was on the 14th? >> it is on the seventh. you have waiting items currently

on the seventh. and i do not have any indication other than at treasure island that might come off. unless that happens, i just did not want to chance that. so, i want you to be informed. commissioner antonini: my understanding is treasure island would still like to have a hearing that day. >> said that is still on. commissioner miguel: i guess my thinking is there is still an opportunity. if everything stays, and this will continue to the next week probably. that would be the way i would try to propose it. >> i do have an item that could come off of april 14, which makes it a viable. commissioner olague: commissioner miguel -- commissioner moore?

commissioner moore: i do not understand why we are not taking this as a recommendation. it is in the interests to keep us tightly employed here, but to confirm what we said earlier. we can only do so much. commissioner olague: what is happening on april 7 is we have the treasure island, since they want to keep it. we have 2535 dolores. and we have an addition we all agreed to, the april 7 item on the fairmont legislation the mayor has introduced. so, it seems like that -- i want folks to be aware what we end up doing is we end up continuing items to calendars that are already full and we end up being here until midnight and we wonder why. this is an example of how that happens. it is all about the consensus

coming to that conclusion. that is why i think secretary avery is so insistence on making sure we know what we are agreeing to before we agree to it. commissioner antonini? commissioner antonini: let's go ahead with the following. now we would propose to continue item one until april 14 and also item 14 until april 14, with the understanding that any problems with noticing and receive, we have to know about it well ahead of time to make sure it is received and there are no further delays. commissioner moore: second. it is my contention as project sponsor -- not as projects sponsor, but from the other end of it -- it could end up being a two-hour item.

>> commissioners, thank you. on the motion of continuous for both items to april 14, -- [roll call vote] thank you, commissioners. both items have been continued until april 14. commissioners, if we can move forward to item no. 6. this is from the supervisors were of appeals and the historic preservation commission. >> good afternoon. i am here to give you your update on the board of supervisors activities. the was an informational hearing on treasure island in yerba buena island. i will hold off on that. there were a few ordinances. the first would be the area of

plant labour criteria for affordable housing ordinance. and on the proposed changes to contain and networks, they were considered by this commission last year as part of the ordinance to amend. the department recommended, but the commission did not passed a recommendation. the commission may be respectful recommendation that we continue to work on the issuance of these. also before the full board, the developments, impact, and the in lieu fee ordinance. this was sponsored by the mayor. it increased consistency in a way our impact fees are administered. commissioners, you also heard this ordinance in december of

last year. you did recommend approval at that time. the mayor has continued to work with the mayor's office of housing and the comptroller's office and they have added a few additional amendments. among the changes was the addition of an on codified section that would allow this year's adjustment of all fees within 30 days after the ordinance is adopted. otherwise, we would have missed the ability to adjust the fees this year. with us last change -- with that last change -- commissioner olague: the area plan was to be before the board this week, but because supervisor mirkarimi was not present, it was asked to be continued and it was. another item would allow all restaurants by cu.

the commission continues this ordinance in january of this year. it was also recommended for fast food restaurants. the supervisors have continued to work with the department inappropriate merchant and area groups. the supervisor has amended the legislation in three ways. it includes your request to allow fast food restaurants by cu. when you consider restaurants under this provision, the commission should decide whether the restaurant provides lunch or daytime activities to the area. and lastly, the ordinance provides new bars in the area with cu. the board did approved the ordinance on its first reading. lastly at tuesday's hearing to consider the appeal of the calendar eir. this was scheduled as both

consideration of appeal and later the board considered a. the parks district had reached a tentative settlement agreement. however, as you know, no approval action can happen until there is a valid document in place. and even with this, the board did not approve the settlement. it preserves their right to future of legal action. at the legal hearing this week, it was said they were satisfied with the settlement is approved by the board. the department in a brief presentation. the board upheld the decision to certify the eir. they also went on to approve the settlement. and there are some new ordnances introduced this week.

the various ordnances -- there are some new ordinances introduce this week. the very -- the various ordnances were introduced. the mayor and board president david chiu introduced legislation relating to the north beach plant -- branch library. and supervisor mirkarimi introduced a revised proposal for your recommendation for fillmore street. that concludes the board report for this week, unless there are questions. commissioner olague: commissioner antonini? commissioner antonini: anne- marie -- thank you for your report. i think the one thing that some members of the public have asked me about, and i think it is a little confusing. when they say "fast food," it is

not what we equate colloquially with fast food. maybe short order would be a good way to change the language in the future. it could be a sandwich shop. someplace that has fewer items. maybe not sit down. that type of thing. i think that is what we were passing here. >> yes, i think the public is rightly confused when they hear the words "lunch fast food." even upscale restaurants where you might order at the counter is "fast food." now we have the formula of retail controls which control training stores, and probably more appropriately addressed the concerns are around formula retell rather than -- retail rather than the way someone serves food. we are looking at restaurant definitions and we hope to bring forward a proposal to amend

those to make them no consistent with our restaurant experience today. commissioner antonini: bresser confined new language that makes it clearer. thank you. >> thank you. >> commissioners, we are going to this fund the report on the board of appeals. the historic preservation group met yesterday. most of the items were c of a. the only one i want to bring to your attention is the c of a proposal for city hall. -- for symphony hall. it was approved. the vote was 5 to one with commissioner martinez voting against. also, up here 36 is up -- pier

36 is also on the agenda for review and comment. staff will draft comments and provide them to you prior to your hearing on the same item next week. and that concludes my report. and i believe we are not going to take out -- >> yes. the mayor's office is prepared to be here. >> thank you. commissioners, we will move forward on your calendar to item no. 8 on your consent calendar. item eight does constitute the consent calendar and appears to be routine. i will not going to my regular speel. let me just say it has been pulled from the consent calendar. for the record, it is item eight, 42323 market street.

-- for 2323 market street. the question is whether you want to hear now orbited later on your calendars? commissioner olague: let's hear it now. >> good afternoon. the case before you is a request for the conditional use authorization to add a bar with the existing retail jewelry store, d &h sustainable jewel rules -- jewelers. the project proposes to add the wine bar area in order to provide a space for private client consultations and special wine tasting events. the retail jewelry store focuses

on using precious metals to create gemstones. the one bar complements the jewelry retail, creating a unique experience for its customers. there is no intention to convert this to a full bar. in order to ensure this entitlement remains consistent with the project sponsor's intent, we have proposed several conditions to better market the jewelry store while limiting their function as a traditional bar. patrons will be prohibited from consuming one outside the enclosed building. section eight specifies wine and beer only. the bar used is limited such that it may only occupy a third of the tenant's space. this condition further restrict

the bar use, requiring and operate in conjunction with another permitted by right years. the project sponsor indicated they do not plan to operate beyond 7:00 p.m. and their liquor license requests by 7:00 p.m. closure. the department has asked for a 10:00 p.m. closure so that this entitlement runs with the property, not the current senate. it is our opinion that the 10:00 p.m. closure in addition with the other conditions will limit the operating of a full bar at this property. we feel that 10:00 p.m. is the appropriate maximum closure time for retail business with this business model. since your packets without, the department has received two phone calls and two letters concerning the project. the department has also received support front the project -- for the project from the neighborhood organization.

the bar entitlement will be limited to such a degree that it cannot easily become a more traditional bar and will ensure compatibility with the surrounding neighborhood. based on findings from the general planning department, the department recommends approval with conditions outlined in exhibit a. that concludes my presentation. i am available for questions. thank you. commissioner olague: thank you. project sponsor? >> afternoon, commissioners. for the record, our business plan is very clear. we are a luxury retailer. the primary use of our space is for a gallery-style jewelry store. we will continue to do market research. we have found the consumer enjoys sample wines and also enjoy buying custom jewelry. the tasting room is designed to

be open during certain cross promotional events were clients are invited to enjoy tastings while shopping with our designers. our intention is to bring more people to this neighborhood who may have not had a reason to experience it before, but who are will be considered qualified customers. additionally, i must point out, it is common for wind to be served during events, and we've come to you -- for wind to be served during events, and we've come to you today to do this the right way, by applying for the correct permits. whole foods stores often include a tasting room within the store. at his stores, giorgio our money -- armani includes a tasting room. at no point will the tasting

room be open and the sales floor be closed. i would like to address some of the concerns of the neighbors. neighbors we did not know hat concerns until last night. -- had concerns until last night. noise and smoke were a concern. there were numerous indian noise complaints from such sources. we do not desire the area to become a bar scene and smoking inside a jewelry store is not conducive to our business. these are problems we are completely aware of and we do not wish to accept the quality of life of our neighbors. i was made aware of these problems as my window was smashed in at 3:00 a.m. i would like to take the opportunity to talk about the intentions of the tasting room to not be open after 7:00 p.m., as a condition we accepted from the police department. although it is common in high traffic areas for retail space is to be open until 10:00 p.m.,

we do not plan on having any more special events than 10 per year. as our hours are posted on our door and website from 11:00 a.m. until 10:00 p.m., we are prepared to change a brouwer's. it is necessary to be innovative in today's economy. it is our intention to be in the space for a long time. it is something we want to make sure you are aware of, that we do not want to have any more empty storefronts, and not in our neighborhood. thank you, commissioners. commissioner olague: thank you. i would like to open it up for public comment. david tan followed by thomas lynn and brian myer santos. >