>> or any electronic device that's may sound off during the proceedings. we're going to jump ahead and take case 2001.21c for 1765 waller street. >> good afternoon, president olague and members of the

planning commission. sharon young, department staff. the item before you is request for authorization under section 121.2 and 303 of planning code to allow a use that exceeds 399 square feet on the floor area of two floors at 1755 waller street within the haight street u.s.d. and haight street district. this will also involve residential off-street parking space, converted to retail space used in conjunction with authorized space at the rear of the ground floor. the expanded commercial space contains 2,800 feet of commercial floor area. currently the space is utilized by silkscreen store, the printing production doing business as free go washington t will -- wash. the property owner anticipates

converting the retail commercial space back into residential offchute parking space some time in the future. the original proposal had included a request for initial use authorization from the planning commission under section 161-j to legalize elimination of the residential off-chute parking space. recently the board of supervisors passed ordinance 8510 effective may 7 which amended sections 161-j and added sections 307-i to allow the zoning administrator to administratively reduce the off-chute parking requirements in the n.c. and r.c. districts. planning code section 161-j for the project is no longer required. zoning administrator reviewed criteria under planning code section 303-i and determined proposed project meets the criteria for elimination of the parking space on the project side. to date, the department received correspondence from a representative of the adjacent property at 1757 waller street

is representing the san francisco child abuse prevention center who had indicated that the project was -- should include conditions or approval that would address potential problems of chemical orders emitted from the wash silkscreening business. the project was continued from march 10 to today's date to allow the project sponsor and the adjacent property owner to work out a private agreement to address these concerns. the project sponsor also submitted a brief containing letters in support of the project. the planning department's recommendation is approval of conditions. this concludes the presentation. i'm happy to answer any questions. president olague: thank you. project sponsor? >> good quaff noon, president olague and commission. i represent both the project sponsor and tenant on the ground floor.

miss young's report was fairly complete, and you have our brief in front of you in the packets. i just want to highlight about two things here that i think are particularly important about this case. one is that free go wash is exactly the type of business the haight street business hopes to tract. locally owned, small business artisan effort and well received and well supported in the neighborhood as the letters in support would indicate. the second thing i want to point out is there may be a little confusion about the agreement wreached with the san francisco child abuse prevention center. that goes back a couple of years, what started this entire case going was there was notice of violation because of some odors they were detecting on the adjacent property. roughly 12, 14, 16 months ago, my client switched chemicals to green chemicals are that

completely green and redesigned the interior of the silkscreening area so it's in a separate room that's well ventilated. there have been no complaints we're aware of since that time. in fact the neighbors have a very good working relationship together. i want to point out we reached that agreement. i want to get on the record to get them comfort we do intend if the condition of use authorization is approved to go ahead and record that notice. we're just waiting for them to present us with executed copies. they actually drafted it. we executed it. they had their board meeting yesterday. we're waiting to get that back. my client is here. if you have any questions about the business i'm here, or if you have any further questions about the case. thank you. president olague: i would like to open it up for public comment at this time. is there any public comment on this item? seeing none, public comment is closed. commission are board en? commissioner borden: move to approve.

>> second. president olague: commissioner antonini? commissioner antonini: no comment. president olague: i visited the project two years ago and spoke about the odors and some of the complaints and i got the whole dour. i think it's an excellent use for that site. i trust we will get the written agreement. that was like two years ago, you were working with project -- the nonprofit next door. commissioner sugaya? commissioner sugaya: sorry i'm late. i'm quite familiar with this. i do know the property. i do know the executive director of the child abuse center. and one question that i have with respect to condition number 12, staff. on odor control, my understanding is that the issue

with the child abuse center was triggered by smells but in fact is not so much a smell issue as toxic chemical issue into their establishment. and i understand there's a settlement of some kind between the two parties involved. but i think this condition depends on your being able to smell something. and is it possible that there would be chemicals used in printing process or whatever that would have -- that would be odor also but still be -- odorless but still be toxic? in that case, this wouldn't apply, i don't think. but i don't know how to craft a condition that would take care of a situation where that might occur. >> i don't even know --

>> yeshes perhaps a project sponsor could inform us. i'm not sure we would be aware of that. >> if you can't understand the direction i'm going in, my understanding of the odor control is it really is intended more for restaurants and where you actually can smell cooking and kind of thing coming across. where as here we have a slightly different situation. >> indeed. i think i grasp where you're going with this commissioner. just so you know, i have a finalized copy of the agreement but it has not been executed. so cannot give it to you until it has been. to let you know there are conditions in our agreement. i know these would not necessarily have to be in the conditional use authorization but there are terms in here which require us to not only have approval of the department of public health and air quality management board, which we have approval from both of those

entities at this point but also require us every three years to check back in and reobtain approval if that makes sense. >> if that can just be noted in the record then, i think that, you know, people are put on notice. so thank you for that. i'm satisfied then. president olague: great. commissioners, the motion on the floor is for approval with conditions and added note to include the agreement has been reached between the two parties. commissioner antonini? >> aye >> commission are borden? >> aye. >> commissioner fong? >> aye. >> commissioner moore? >> aye. >> commissioner sugaya? >> aye. >> commissioner olague? >> aye. >> thank you, commissioners. that item passed unanimously. we're going to 12 now. commissioners, we will continue on with item number 12. case number 2010.1028-c for 2141

mission street. just leave them there. i will get them. thank you. >> good afternoon, president olague. members of the planning commission. department staff presents the condition use application for proposed massage use at 4124 mission street, within the nc-2 zoning district. currently the subject commercial space is on the ground floor. it is a vacant commercial store front. contains about approximately 760 square feet and it is one open space, according to the proposed plan. there are no partitions proposed within the space except the bathroom.

and the proposed massage would provide foot and body massage services. upon the steps, side visit and also the evaluation of the project against -- against sections 711.54 and the 303, specifically 790.60, the department believes the application, the project would satisfy all of the sections and that the main reasons for our recommendation to approve the project with conditions, would include the project if an independently owned business serving the surrounding neighborhood and is not a formula regular use, the project

meets criteria under section 790.60, you cannot make vitality of the neighborhood by allowing a new small business to occupy a currently vacant store front, property will not displace any other use and project would be consistent with the district. finally, planning department contacted the department of public health and police department. at this time, neither agency have concerns about the proposed massage establishment on the project sponsor -- i'm sorry, requesting the conditional use. therefore, we recommend approval with condition. if you have any questions, i will be happy to answer. thank you. president olague: thank you. project sponsor? >> good afternoon.

my name is yong fen, and i have the application for 4124 mission street. first, i would like to share information about myself. i used to play professional basketball in my home country china in the city of sjeng high, part of my routine i used to receive a massage before and after my game. so that's what spoke me interest in massage. after a few years i became a volleyball coach and the taught student how to play volleyball. every time my student got hurt, i got a chance to practice massage and help them release the pain. later i went to a chinese medical school to learn the traditional massage. it helped me to improve my

massage skills. when i immigrate to the united states in 1995, i worked very hard. i worked different kind of job like cleaning house, working in a factory, in a restaurant. in 1996 i start to do massage. i rent booth on the strip at the city festival. also, i went booth at the free market giving massage on the weekends. i provide my massage service to my client at the business and the home, which i continue to this day. i opened a massage in the

shopping mall. but due to the economy and the initial cost of the travel -- having traveled to idaho several times a year, also the rent is very high, so i decide to give up my business in idaho. but the one is in central high is still in business. so i wanted to pursue opportunity close to my home so i want to open a business in here. that's why i'm here today. so we provide a service called acupressure and foot massage. the function of those techniques are relax tension of the stress. acupressure and massage penetrates deep into the tissue of the body. this is taking massage and heat

wisely, to help the body's own natural relieving process to relieve pain. this helps many people obtain pain-free lifestyle. right now the store we're going to open is 700 square feet. we will utilize four massage chairs and two massage tables in open setting. in front of the store we have a big, glass window. if people pass by the store, they can watch from the outside. our clients are not required to take their clothes off and we don't use oil when we are massaging for the client. so i'm really excited because i'm one step closer to starting massage service with my family

and in the community in which i live. i hope our service can help people have a stress free and productive life. i want to this you for consideration in my business. thank you very much. president olague: thank you. i will open it up for public comment. >> commissioners, madam president, commissioners, steve courier, from the residents association. i want to preface this by saying that the -- that omra was not going to take a position on this issue but what transcribed in the last few days, namely a week and a half, is that there was a meeting at the excelsior action group a week ago monday where the project owner was to speak to some members of the

community. what i found out was this was not a normal massage studio, that it was going to be a foot-only massage. i didn't think anything of it. i figured, well, that's fine. i heard some concerns from members of the community that were opposed to it for whatever reason. but last night one of my board members sent me what i'm passing around to you a website from citrus heights regarding this massage parlor. i decided to contact my board and my board oked me to write you a letter. unfortunately, commissioner sugaya, you're the only name i misspelled for all issues i would have to come in front of you on. when i saw this particular website, i was really angry because i don't think that, you know, an erotic massage is a good place in our neighborhood and there are two massage

parlors in our neighborhood who have both been cited by vice or acts of prostitution. so one of the things i wanted to tell you -- or ask you, is that i would like to have further conversation with the project owner. i asked this through mr. wang and asked the owner if he would continue for a two-week continuance regarding this hearing so we can get to the bottom of what this website is and what the actual business is going to be at that location. one of the things that caught my eye regarding this website is that it was for v.i.p. members only. and this business is a public premise. so that means you can't -- i saw the conditions that tom sent me. you can't be buzzed in. your windows cannot be blocked. so i think what i would like to do is along with the planner,

have more conversations with the project owner and i will leave it at that. thank you. president olague: is there additional public comment? if you could start standing up, lining up over here. i have no speaker cards. >> my name is robert katz. i'm a neighbor living in excelsior. i would say when the neighborhood heard about the massage parlor opening, we were very disturbed because we've had some problems with existing existing massage establishments. so i attempted to convene a public meeting, which i did at the location described e.a.g., and i asked a proponent to come and meet with us and describe

what was going to transpire and he did that and basically almost everyone with one or two exceptions that attended the meeting changed their attitude. almost everyone was either skeptical or strongly opposed to the idea of a massage thing. and we have a neighborhood safe group that's right adjacent to the location. they were starting a petition in opposition. the head of that safe group is now a supporter of this thing. and he's a very credible person. i'm here partly because he has limited english. there's a mutant opposition, which i think is based not on any facts because we haven't really -- we checked his references. we've gone back to the landlords in idaho. the landlord in citrus heights,

and everybody has good things to say about them. he has a very open operation. he complies with the hours. i think the restrictions imposed in the conditional use, it's open and limited to hours of operation. it's limited to interior partitions. i just think like some of the people here are proposed to massage parlors in the excelsior and i can understand that, all right. but i don't think this is the mechanism of a person who's played by the rules, has nothing personally negative against in the record, and we tried to check out that reference for the online thing. as far as i know, there's no reason that he contributed to it, commented on it, so it's hearsay over hearsay, and that's

been handled as a crediblecation of some kind of adverse thing. i think that's unfair to the proponent. he can't be following every rumor that sprouts out. i think it's an unreasonable request for him to conform to. thank you. president olague: thank you. you can start coming up to the mic. >> i'm within a 300-foot radius so i got a notice a few wiecks ago -- weeks ago. basically our neighborhood is marginal. we had tons of burglaries, all kinds of crimes. the proposal i got from mr. wang really emphasized this is for the neighborhood and neighborhood needs us and it will serve people mostly in the neighborhood, maybe provide a few jobs for people in the neighborhoods but i don't feel our neighborhood needs a massage place and i don't think we can support it. i think this kind of business no matter where it's located, as you can