>> the motion on the floor is for approval. [roll-call] thank you. that motion passes unanimously. you are on now on item number 13, 4399 fremont street. -- for 399 fremont street. >> good afternoon, commissioners. we're here requesting the extension of the motion which expired on june 15, 2012. for additional 12-month for the compliance on the planning code section 301. the proposal is a new

residential project that will consist of parking unit and for under 50 bicycles bases, granting exceptions to allow one parking space every two units and to provide exceptions to the separation of powers requirement. the approval be for june 13, 20 -- for june, 2013 and the proposed design modification which is before you is an information item only. the project is consistent with that general panic -- the general plan and applies the first source hiring program. the program will provide a rich environment and play a key role in that neighborhood. the project will provide a 450 dwelling units to the housing stock. with that, the department recommends approval of the project.

thank you. >> project sponsor? >> i'm here on behalf of the project sponsor. it's always fun and exciting to be here talking about a project close to getting it under construction. this is working its way through the city's system. a structural peer review is underway and we hope to get it underway before the end of the year. it has been good working with ben. the only thing is the extension. we want to show you the evolution of the design. we are excited about the current prospects and i'm going to turn it over to chris to what you throw a quick power point and you can ask questions.

>> a good afternoon, commissioners. i'm going to run you through some comparative slides that show the design and where we are right now. a couple of rendering views and some shots that the building into context with what has been entitled and is coming in that area. in summary, the basic premise of the zoning setbacks are identical to what was there in the previously approved design. the number of units has been described before. 452 units, 40% to veterans, 150 bicycle slots and we have 238 parking stalls which is the same as what was there before. we're looking to add 13 publicly

accessible car shares basis. we think that is a good thing. the images are side-by-side comparisons of the previous design. as i go through these, the placement of the tower and setbacks are similar to what was there before as are the workings of the ground floor and how we position the car entry and egress points. we are looking to give the building more residential character and i hope this is evident in the addition of balconies stocks that were not there before. we also tried to give a certain prominence to the corner of harrison and fremont street. as you can see, the tower is placed in the same location as before. the podium elements and things meet the requirements of the

district plan. we have introduced a certain orientation to the tower to give it the vertical element i have described. we think it makes it more dramatic and attractive as you come across the bay bridge approaching this city. these are a couple of the views looking at it in three directions. this is the fremont side. a couple of comparative slides showing the features again. we try to accentuate the residential character of the design. there is a simple and elegant form for the top of the tower as it meets the skyline and we have a vibrant and active base with the podium element and residential and trends and at retail along the base. these are some renderings -- also included it in the packet from different sides to help you visualize the design of where we are right now. i think this is a nice elevation

that shows you the character of the podium. it is quite a vibrant and alive. you can see the base of the tower set back of a little bit and going back across harrison street is all retail which has been introduced into the plan. this is the top of the podium. we have tried to sculpt the sloping roof there. those are residential units. we have some of our three- bedroom family units in this location around the swimming pool. there is an opportunity across the bridge to show some of the potential excitement we can show at night time. there's a rooftop garden for residents to use and we can think it can be an attractive addition to the skyline. this is another slide here showing the overall massing of the tower.

i wanted to show the building in context with what has been entitled in the past. these shots, you can see the tower closest to the bridge. phase two is coming along and the new design for the infinite the phase is on the right hand side. this is another one which shows all of the buildings including a 45 lansing. you can see phase one and phase 2 and you can see 45 lansing to the right continuing over are the to the new entity towers which are just beginning to get started now. this is another shot to show the placement of the tower again.

you can see it is gestured toward a phase one and phase two. a neatly across the street to the project is 340 fremont which is in progress again and you can see the in vanity towers to the left and i will circulate these images so that everyone has got them. you can see 45 lansing which is getting started as well. that concludes my presentation. i just wanted to give an indication of the direction we're going. thank you. president fong: thank you. public comment on this item?

>> good afternoon commissioners. i did not power point commission and i didn't bring any more trees for a color pat -- colorful packet to hand out to you. this is simply to grant the developers more time to get this project under way. jamie would occur asked if i had a chance to testify to please send a message to the developer -- please clean up the site before you grant them an additional 12 months, i would hope you would impose conditions to clean up the debris accumulated on the site and insure for the next 12 months it remains clean. thank you very much. president fong: any additional public comment? i would like to start off. i appreciate the drawings that show the buildings in place.

that's a sort of a first look at what the skyline is going to look like. i think by those of renderings, they seem to be fairly well spaced out amongst themselves. there are highrises in that particular area but that is what i have been looking for, what the new skyline is going to look like from different perspectives so i am in favor and it open to other comments. commissioner antonini: i am in favor but it points out something that were fortuitous. no one was happy when approvals were made and because of the downturn in the economy, many of the approved buildings were not built until now. but we have seen this was fortuitous because the design is much superior to what you can --

what was there as you can see from the contrast of the to and not only the appearance but the fact the building is slanted it had a 45 degree aspect which lessens its impact to some degree and it is a better appearing building. i would agree -- am sure it will be a problem because i understand we're going to be under construction but if there is anything that needs to be done to clean up the site, let's do whatever we can to clean it up though there might be construction before the cleanup crews are finished. i'm very encouraged and as president fong point out, at the drawings of what the area with look-alike. now we're finally seeing that realization and i think it's going to be a very attractive area and having the additional buildings will make it more of a

neighborhood and less of a single building or two as it has been for the last three years. commissioner sugaya: i would like to have the project sponsor and the architect work harder on the blank walls on the north and east sides currently as depicted. i believe you have two panels of green stuff along their but it looks like they have sort of been pasted on as an afterthought. i understand that the east property line you guys are right up against your own property line so what looks like an alley way is the other property owners that it did not build right at to you guys. it is not a public right of way at the moment, but if you guys could get together with the

other development and see what could it get done there, that would be great. on the north side, is that a public right of way? >> that is the required mitt block connector. all follow-up on where you are going -- there is an excellent relationship between the project sponsor here and the apartment building behind. there are lots of opportunities for synergy and there's an awkward connection between getting over two main -- there will be an actual connector that is going to work and part of the reason it is going to work is these property owners are closely related. it is it going to work much better now. thank you. commissioner moore: thank you

for implementing what has been asked for many times before. what the real known one in the buildings are. this is only one side and we will be asking for that more and more as we discussed this morning as we were looking at the market-van ness area, that's the new way of doing it. i appreciate that our is finding its new language in a more readable facades variation. i'm not happy seeing this for the fourth time. it is an extension being granted for the fourth time and i hope by december you are in construction because i believe we need to create new boundaries around how often we are extending. this is a relatively new operation that started in 2009

and others are doing the third and fourth extension dating back to 10 years and we see that as a problem. taking care of of the site -- we have often talked about maintaining sites in the interim and mr. john king has written about it. maintaining this site as a clean site is a minimum expectation. however as sites stay vacant for eight years here, i would ask you that this be done consistently with all of your clients and i think you will see a happy commission. otherwise i am in support and it see the design modifications the department has been working on is indeed creating the results we are interested in. >> --

president fong: i will make a motion to approve with conditions the previous approval. >> second. >> the motion on the floor is for the approval of the extension of the previous approval. [roll call] >> thank you. at the motion passes unanimously. commissioner moore: i would like to encourage staff to put these three-dimensional renderings on to the web sites of those people wondering what it is get a better understanding. i think it's fair to the public that cannot attend the meeting. >> agreed. thank you. >> commissioners, you are on item number 14, 459 geary

street. >> good afternoon, commissioners. before you is a request for authorization for construction over 75 feet in height with a request for an exception for height of over 80 feet pursuing to planning code section 263.8. this is a rehabilitation of the six story over basement 80 foot tall retail and office building at 459 geary street. the building will be 85 feet in height and contain it one dwelling unit. the historic preservation commission approved a major permit to off -- to alter the

proposed site, proposing exterior alterations, including scale, height, and materials of the proposed addition are within the requirements of article 11. the proposed design has been reviewed against the aspects of design review as well as the requirements of article 11. the proposed project is within the standards of the criteria with the design of building tops with the surrounding buildings and the conservation district. it maintains a street wall and does not decrease some light on the sidewalk and will not impede traffic. the proposed addition has a contemporary character that is minimally you visible from the street and is in keeping with the historical nature of the

district. the project requests an exception for height. the request exception meets the criteria reference in to hundred 63.8 in that the height of the new roof will be 85 feet and the absolute height including the elevator penthouse will be 91 feet which is well within the maximum height for the district. it the additional height will be set back 14 feet from the front facade of the existing building, minimizing the ability and any potential to cast shadows on the adjacent public sidewalks. the setback will allow the existing building to maintain the continuity of the street wall and allow it to provide a transition between the lower and higher buildings that are adjacent. staff has received no public comment regarding this project. the project is consistent with

article 11 and will provide a mixed uses that will activate the streetscape throughout the day and evening and provide a residential unit and meets the requirement for the exception to height. the recommendation is approval with conditions. this concludes my presentation. >> -- president fong: thank you. project sponsor? >> good afternoon, commissioners. and the architect of the project. briefly, i knew wanted to discuss the polls and the reason for the additional height on the seventh floor of the building. the owner purchased the building so they could occupy the sixth and seventh floor and operate an art gallery and studio on the

second floor. the owner has a disability and one of the problems with converting the seventh floor is the existing exterior is not at the same level as the interior. for that reason, additionally it does not have an elevator that serves it right now. in order to make this a usable, that was the driving factor for the design that you see. additionally, the seventh floor deck will now have an aqua therapy pool to provide the required that for our client. that was another reason that spawned the additional height. i would be happy to go through the drawings with you but if you have the questions -- i believe you have all of the printed sats so i will reserve if you have any specific questions. >> thank you.

president fong: is there any public comment on this item? the public portion is closed. commissioner sugaya: i think this looks like a good project. i will make a motion to approve with conditions. commissioner moore: i think it's an exquisitely -- exquisitely executed building. someone has taken stewardship of something that does not come easy. it's very tasteful, especially given where it is. these are properties that are not easy to reassign particularly when there is a change of ownership and this is a great example of what we would hope to find more people to do. >> the motion is for approval

with conditions. [will call] the motion passes unanimously. commissioners, you are now on item number 15, this is an 969 sutter street. >> i'm with planning staff. a request before you today is for conditional use authorization for formula retail use for poppa john's pizza. there's been no expansion of the existing tenants space. -- if i could ask for just a moment, please >> sorry for the

interruption. it will go ahead and continue. this is a request for a formula retail at 696 center street. the restaurant will offer pizza and other food primarily for delivery and carry out. there is no expansion of the tenet space with respect to the form -- the retail uses, we ask the planning commission considers several criteria including the existing concentration of formula retail usage in the area, the availability of other similar business types and a vacancy rates in that district. staff performed a survey within five blocks of the project site and found there are 15 existing an approved formula retail uses

, 15 establishments that sell pizza, including two formula retail restaurants and 14 vacant storefronts. it should be noted within six blocks of the site, there are 25 pizza restaurants. this area is intensely developed and highly residential. therefore it is able to support a strong concentration of restaurants, including many restaurants that offer pizza. approval of the project wouldn't -- would contribute to the retail options in the area and given the vacancy rates of the district, it would not preclude locally owned businesses from establishing in this neighborhood. the business model emphasizes carry out services to the surrounding neighborhoods which will drive foot traffic and activate surrounding sidewalks. the staff report package

includes several letters in support of the project from individuals and neighborhood organizations. i would like to pass out some letters of support. one at recommends limiting the operations of the business. staff recommends approval of the requested conditional use authorization and we are available for questions. the project sponsor is also available. >> -- president fong: projects sponsored? >> we are asking for a conditional use permit to open eight papa john's. my cousin and i were born and raised here. i'm planning on moving into the building once we bring it up to code. parts of the building are on levelland require significant

renovation. it has not been maintained in many years and the entire neighborhood is excited about the renovation. we're looking for to bringing the building up to code and we are investing over $400,000 in is vacant space. while this is considered formula retail, there is only one other papa john's in the merced. this one is completely owned and operated by myself and my family. we are not a huge, faceless corporation but we want to invest in that committee. we want to hire 10 to 15 employees in our immediate surrounding areas. we are always involved in donations, charity events, sponsorships we have already been discussing opportunities to help make a positive impact on the community.

many neighbors have asked us not to serve alcohol and we promise is not a chance of doing that. we will not be serving alcohol. due to the fact we are improving the building, creating a viable business with the traffic, our community outreach has gone phenomenally well. we invited all local residents and businesses to share their ideas with us and we have unanimous approval from every person that attended as seen in our multiple letters of recommendations. all of these groups supported the project and i'm positive we will create positive impact on the committee. everyone we sat down with expressed support for the project which we feel is unbelievably positive. we feel will be a great fit for the committee and we hope we can receive the same support from you we have received.

we hope we can get support. thank you. president fong: is there any public comment? i have two cards here. >> i do not oppose this and i cannot support it either. i would suggest when you have a conditional use and there are issues you need to put them in the conditions rather than just having the person assure you this is what i intend to do. i'm going to revert to the other restaurant recently, a lovely little restaurant. he wanted to put in a window. a time limit was put as a condition on the window. whenever you have a conditional use, you have conditions to address any of the concerns