because of the lack of affordable housing funds. while the initial time of the program has been difficult, the city will be reimbursed and we will also get a feed unfurled surcharge of two 0.2% that will result in more revenue in the long term. the fee deferral program will expire in july of 2013 unless there is a new ordinance approved. also at land use last week, there was an ordinance to allow height increased along gary. at that time, you recommended approval with modifications. your modifications included that the ordinance be expanded to apply to additional streets including certain nc-2 districts

along balboa. and you also recommended pulling back the bonus so that it would begin on geary, west of the sonic avenue appeared -- sonic added. the supervisor did incorporate all of your recommendations. the supervisor amended the ordinance to apply merger limitations on to comment and balboa, but not to gary. as these amendments were substantial, the ordinance was amended and continued. it was this week without public comment and recommended to the full board for approval. the big item this week was articles 10 and 11. this ordinance was introduced by

supervisor wiener and co- sponsored by supervisor olague. this commission provided their own comments on february 2nd. overall, your commission and the historic preservation commission held 25 hearings on this issue. monday's hearing, after opening remarks, but director ram and supervisor wiener included the comments of both commissions. it was largely an issue aligned with what the historic preservation commission also wanted. the only change is since your review of the ordinance was too affordable housing. the commission had asked the supervisor to work with planning staff to clarify what projects would qualify him what criteria would be used.

after lengthy public comment, the ordinance related amendments for it with a positive recommendation for the full board. supervisor cohen and wiener voted in full support and supervisor mar. said no on the recommended approval. he felt more discussion needed to take place in his community. this legislation is currently slated for a full board vote this coming tuesday. that concludes the board report, unless you have questions. president fong: commissioners, and questions? >> on next tuesday's hearing

before the full board, i'd been led to understand there is no public testimony. >> yes, the with the port handles those is they send them to -- the way the board handles those is they send them to committee. there will be no comment, except for board members and anybody day invited to provide clarification. thank you. >> good afternoon, commissioners. tim fry on behalf of the planning department. a couple of items yesterday in the preservation commission that i would like to share with you. the planning staff provided an overview of the department's t.r. -- tdr program based on the recommendations on the transit district plan, the recommended reclassification of 43 properties to the article leaven code, and the expansion of the new montgomery st.

conservation district. this will include 26 additional properties. finally, the h-p added for properties to its program. these actions were to initiate process, and the department will present to the planning commission and to the agency next month before sending to the full board of supervisors for consideration. i believe what will be presented to you today is an overview of the district plan and some of that information will be included in the presentation to you. the h pc also adopted a survey and context statement for the oceanside neighborhood on sunset. this neighborhood was sponsored by san francisco beautiful and historic preservation fund committee. the general boundaries of the area were broadened to include the edge of golden gate park, 37th avenue, 45th avenue, and

pacific. there was a focus on only the earliest properties found primarily from the turn of the century. after a large amount of public testimony, the h pc voted to adopt the context statement to be forwarded to the preservation commission. that concludes my presentation unless you have questions. president fong: questions? >> ok, thank you. commissioners, we can now move over to your 15-minute general comment category. items of the public and can address you on any items with the exception of issues on the agenda, which cannot be addressed in this category. the entire category as a 15- minute time limit. i do not have any speaker cards.

president fong: is there any general public comment? >> this is the first time i've come here. i would like to talk about my labor. we open a restaurant i can come back >president fong: we agree to hear that item a little bit -- in a little bit on the calendar. you can speak and. any other general public comment? >> commissioners, we can move forward to the beginning of the regular calendar with item #9, case number 20124901 kolk street -- case number 2012.

>> the item before you is for conditional use authorization to combine the approximately 600 square for wine bar with the full-service restaurant space at 901 called street. to establish an approximately 3200 sq. ft. full-service restaurant and bar of doing business as papzote with the department of all to operate on the basement, first floor, and mezzanine of the three story mixed use building. the project site is located within a quarter mile of the haight street zoning district. the proposed a full-service restaurant and bar would include

dining areas and servers and storage areas. -- service and storage areas. the roveri seating for approximately 60 persons, ground-floor. no changes are proposed to the building. in regard to the previous application, today, the planning department has received 39 letters and e-mails from the haight ashbury association. however, the coal valley improvement association indicated opposition to allowing the establishment to operate until 2:00 a.m., indicating a

similar closing time of a typical restaurant, 11:00 p.m. they indicated that a bar closing at 2:00 a.m. when not be consistent with the surrounding uses regarding trash collection and storage noise, traffic congestion and on street parking. the planning staff is recommending that the proposed project be improved -- approved with modification. the bar to be operating between 6:00 a.m. and 12:00 a.m. seven days a week with regard to this ability in this small-scale commercial district. staff recommends that all operations shall cease by 12:30 p.m. and has indicated approval to the affect.

this concludes my presentation. president fong: thank you. project sponsor? >> thank you for having us today. my name is nate valentine predicts we operate -- nate ballantine. but we operate a similar restaurant to what we want to do here in coal valley. i have lived in coal valley for 17 years. i could not be more excited about joining the neighborhood. we're very happy to be here from a business perspective and we're very happy that the proposed space opened up for us. i started reaching out to the neighbors in 2011. i met with the cold valley association. i think it has 300 members on it and i've been in constant communication with them.

our goal is to be a good neighbor. in order to be a good neighbor, we have to be -- to be in a neighborhood, we have to be a good neighbor. if there questions or concerns, will make sure we can be the -- we are the best the can possibly be. there are 39 letters of support and four written letters of opposition. the biggest thing people talk about was the closing time. there is a business across the street as the ability to be open until 2:00 a.m. the train operates until 1:47 a.m. and the all until 430 and -- the owl until 4:30 a.m. many people were asking for later dining options. our other restaurant has had accolades.

we are restaurateurs'. it is what we do. it is not that we want to open this for fun. it is what we do for a living, and we could not be more excited about it. i did mention that we could speak with neighbors about their concerns. with that in mind, have gone back to the neighborhood and talk to them, specifically the coal valley home improvement association. where they did not agree with it, we have agreed to modify the hours by closing at 12:00 a.m. sunday to wednesday and 1:00 a.m. thursday and friday and saturday. thank you for your *. president fong: would you repeat the hours? >> 12:30 p.m. sunday through wednesday at 1:00 a.m. thursday through saturday. president fong: thank you.

it is there any public comment or speaker cards on this item? any public comment on this item? commissioners? commissioner borden. commissioner borden: i'm very supportive. i actually used to live a block from your other restaurant and the crispy chicken tacos are quite good, among other things. the noise containment to that space, when you walk down chestnut street, you do not know that they are still operating. they operate a very professional business. they maintain the sidewalks. they enforce the proper roles are around that. i used to live in the sunset district and i lived at and wait and the other pub. i know they operate late. the public stops should operation a little earlier, but they are open much later. -- stops the food operation of little earlier, but they are

both open much later. they're both lively and active as spaces. as someone who lived in that area, it is very challenging because there is not a lot of places to grab food late at night. there are a lot of places in general to grab food. it is a small corridor. you have mostly small-scale cafes that mostly serve breakfast, lunch, and maybe early dinner. going to haight street is a completely different experience. but i think this restaurant, given the track that -- track record they have with the other restaurants that they own, and given the fact that there are other businesses located in the area open later, i want to move to approve with the modification at 80 1:00 a.m. thursday through saturday. it is just a 30-minute different, but we heard from a lot of restaurateur's that it is a very challenging environment to get people out by a certain time because of the way people dying. that extra minutes does make a

difference. commissioner antonini: i was only a couple of times at the previous restaurant, but i liked it. and i think the setting is very good. it is one of many restaurants that are located on the streetcar lines. i think it adds to the ambiance because you see them when you go by. it also adds to the accessibility. it is very convenient, and i think it is important to have the later hours. i live in the general vicinity of west portal and we have a lot of nice restaurants there. but they closed pretty early usually. your little challenged in food lead there. -- challenged getting food late there. i think this will suit the sponsor as well as the opponents on this. i'm very supportive. commisioner miguel: the

reputation of the restaurant is excellent, particularly as commissioner borden mentioned. i am fully in support of the hours as proposed in the motion. however, take a look at condition 14, which is the hours of operation. it says it will be a full- service restaurant and bar, but limited to the following hours. they put the new hours in and in the sentence after that, it says the mall restaurant operations will cease by 1230 & -- 12:30 a.m. pitcher reid restaurant and bar. in needs to be consistent -- it should read restaurant and bar. it needs to be consistent so that nobody has a problem.

>> thursday through saturday until 1:00 a.m. and then the rest of the week until 12:30 a.m. >> any other questions? >> the city attorney is trying to address you. >> commissioners, i believe the project sponsor's ask for it to be open until 130 a m knack -- 1:30 a.m.? no, 1:00 a.m., ok. commissioner wu: a originally you have proposed the 12:30 p.m. closing time. can you give me a sense of how you came to that time? >> it kind of provides somewhat of a middle ground, seeing that this is a small-scale commercial district.

we discuss what our recommendation is and possibly coming back again for the additional hours. commissioner wu: i do not have any problems with the motion as stated. president fong: could you call the question please? >> commissioners, the motion before you is for approval with the hours until 12:30 a.m. sunday to wednesday and 1:00 a.m. thursday through saturday and with the conditions to include a restaurant and bar. on that motion -- commissioner antonini: aye. commisioner miguel: aye. commissioner wu: aye. commissioner sugaya: aye. commissioner moore: aye. president fong: aye. that motion passed unanimously

you are now on 6909 geary boulevard. >> the item before you is a request for a conditional use authorization at 6909 geary boulevard. it is a proposal to convert commercial space into a self service specialty food establishment on the ground floor of a four-story mixed use building. it would serve crepes and ice cream and consist of a dining area with three tables at 65 service counter area, restroom, and storage. -- 6 ft. of service counter area, restaurant, and storage. no changes to the building are proposed. an estimated four employees will operate the food establishment. the proposed establishment will be independently and locally owned and is not considered a formula of retail use.

the project site is located on the site -- the southwest corner of geary boulevard and 30 fifth avenue and is -- is within the commercial requestor district. it is a corner lot with approximately 100 ft. of frontage on 30th avenue and 100 ft. of frontage on geary boulevard. the building was built in 2006. it would occupy one of the six commercial tenant spaces located on the ground floor of the building. the other tenant spaces include two small self-service restaurants, a full service restaurant, a dry cleaning store, and a self-service specialty food establishment. as of today, the department has received two phone calls from the adjacent property on geary boulevard in opposition to the project. their main concerns are related to double parking and trash generated from existing food

establishments in the subject building and are not related to the proposed use. brenden, staff is looking into whether these concerns are in violation of the existing condition of approval for adjacent uses. in order for the project to proceed, the commission must grant conditional use authorization to allow a self- service specialty food establishment in the planning code. the department recommends approval with conditions and believes the project is necessary and desirable for the following reasons. it would occupy vacant commercial space and will enhance the diversity of the neighborhood by allowing a new business in the area. it is a neighborhood -- it is within it neighborhood serving you -- use. it would be consistent with the zoning of the district and meet

all applicable requirements of the planning code. this concludes staff presentation. i'm happy to answer any questions. >president fong: project sponsor? >> that afternoon. my name is suzann low and i'm here to represent the honor. this is her first attempt to open a business and we're here to answer any questions or comments. >> good morning to all of the planning commission. i am the owner of i-crepes, which mainly sells grapes and ice cream and egg cups. i'm here to answer any concerns you might have for a conditional use location. may i have suzann next to me to

speak on behalf of me? president fong: of course. >> thank you. >> commissioners, are there any comments or concerns? >> we will call for public comment and then we have some questions. president fong: at this time is there any public comment on this item? >> as a neighbor, this building already has a full restaurant in there. right now, my labor -- the furniture store is not open.

the clothing store is ok. my two -- my two daughters already have three restaurants. and all high-school students, sometimes they drop food in my hallway. if they open a small restaurant , it will make my house more dirty and more unsafe. we are always in front of my house. that is why we disagree to the opening of the restaurant.

it for the eating or the smell are everything. the high-school students, their smoking in there, loud, everything. it is a bother for us. >president fong: any additional public comment? >> [unintelligible] president fong: commissioners? commissioner moore: this is an interesting problem. we always encouraged that at the bottom of a new building we have small entrepreneurs. on the other hand, i do understand the residents' concerns, as these places might, indeed, increase -- the sidewalk

will be less clean. we can see that there is an enforcement program of cleaning the sidewalks, the stores doing it together. if we could have a condition where the new operator is specifically encouraged that when people go outside to eat their stuff, that there is immediate cleanup. that is typical of other parts of the city where we do the same thing. i would be very much in favor of approving a ban. -- approving it then. >> we have added condition no. 7, sidewalk maintenance. right now, it's as the sidewalk will be maintained, and the entrance to the building will be maintained, to be clean and sanitary. are you asking for additional?

>> i would like to have an hour of frequency in there. it could be once a week, once a month, whenever. but in some cases come -- i remember a place in the mission where there was a sandwich shop with heavy traffic coming and going. there was the condition of someone going out there every two hours or so. and we need to remind the neighbors in a positive and encouraging way that there is a residential building above and that the city does not have additional sidewalk sweeper's on call to take care of the sidewalk. you have to do it yourself. wherever we find acceptable and what language we have used for others, that is what i would like to see your. president fong: commissioner miguel. commisioner miguel: i have a high school directly across the street from my house.

unfortunately, there are not any fast-food restaurants in the immediate neighborhood, but it still gets letters. i know the area extremely well. and you have both washington high school and presidio junior high. the same situation has occurred over the years periodically on balboa, the other end of washington high school. the merchants in that area, particularly food merchants, have had to get together and literally pound on the door of the high school principal and that staff in order to get anything done and at times, have actually had students get out and do the cleanup.