case, i think one would be the parking issue. i've been living in the neighborhood of for 40 years. people have a hard time finding any where to park and it sounds like there will be a lot of deliveries and maybe even more than one vehicle -- i think you should put a condition -- i do find that restaurants that have deliveries -- i see people leaving with this stuff going off somewhere -- maybe they go to a garage and that would be one. it seems there is a concern about alcohol. i don't mean that these people plan to serve it but once the conditional use is given, the next person can come in and change it. those are things you could make conditions -- if they only really want to be open until

10:00 or 11:00, pick one and make it a condition. you could make that a condition. in other places, there was probably no condition put on it. it was a restaurant and a conditional use and the next thing it was all beer because a different owner came and joined them and they were only given the right to serve alcohol until 11. the next thing they wanted to go until 2:00 because they wanted to become part of the bar scene. just so they could sell alcohol. not saying these people are going to do that, but the next person that comes in will have this conditional use and no conditions. i don't put think there were conditions added because you

got it confusing advice at that time that maybe you couldn't do it and there are rumors and there is no point in my going into it but there are still rumors that one of those businesses is thinking about making some major changes that would making that neighborhood unhappy but gee whiz there are no conditions. as an -- i would just suggest that. >> good afternoon, commissioners. i am the owner of sutter fine foods are right across from this building. talking to the neighborhood and association, they are all for it. a lot of people were upset, they lost a restaurant that was there before and they are very

excited in talking to them being involved in the community that another restaurant is coming and it is a pizza and they're totally looking forward to it. i talk to me 100 different people and they are all for it. i know these gentlemen -- i may managing partner at the park merced shopping center and the beauty is they helped us whenever we needed any thing. they hire within that community. some of the workers i see, like seven of them live in the area so they don't even use their cars. i know a lot of people are for it. they're wonderful operators and a good for the community.

needed. thank you. president fong: is there any additional public comment? seeing none, public comment is closed. commissioner sugaya: i am quite familiar with this neighborhood. i don't have a conflict of interest. i'm two and half for three blocks away. there are lots of pizza places around, but i don't think we can restrict this one from coming in. i don't want to do that. i will make a motion to approve with conditions. commissioner antonini: there is a lot of the support as has been pointed out. a lot of residents -- there is

an interest for sure. the project's sponsors own the building and they are putting money into it and that's important. there are a lot of vacancitheres for pizza, but there are other formula retail pizza places so i don't -- they are different types of situations and the fact they will be primarily delivery and takeout is a service that is useful, particularly late at night. the no alcohol situation is a benefit. it is a franchise. it is a formula retail but there's a difference because they are pretty much their own operation. 15 new jobs -- i think these are

all interesting. with regard to the alcohol issue, i think that is something. would that have to come back in the future? what is the context -- that point was brought up. >> i believe under the revised restaurant legislation initiative they would be able to sell beer and wine of provided they operate primarily as a restaurant. if you take a look at the floor plan, there's not a lot of room for consumption on site that could be added so i don't think it's part of their business model. they would not have to come back for beer and wine sales or alcohol sales. >> one question in context of the new restaurant definitions.

i did kit a couple of calls in opposition, but while they were worth listening to the people who brought them up because they have voices in the community, it does not seem as though i see any real basis for opposing this particular project. you can't always get 100% support and many of the misgivings these people had brought up to me i think have been answered in the testimony and the support seems to be pretty widespread so i don't see where it's any thing we would have to add to any conditions or concerns at this point. >> commissioners, the motion is for approval. [roll-call] >> thank you. motion passes unanimously.

you are now on item number 16, case -- this is for 20 to peace plaza suite, 410 -- 400-410. >> i'm with the planning department's staff. the item before you is a request for a conditional use authorization to legalize the site with the merger of ground- floor tenant space suite 400 currently occupied a variety store established as a current location in july of 2009. the site was previously occupied until march of 2010 with the zoning district. the conditional use case was continued on june 21 on the request of the project sponsor

to allow for additional time for the meeting involving members of the japan neighborhood planning process. the commercial spaces or merged with the ring interior wall partition which separated the sweet and the expanded space -- no additional prove months art changes are proposed to the exterior wall -- exterior below. the retail friday store was not considered a formal retail and use since it was established in 2009 as a store located in that united states. we received five letters and opposition. the staff recommendation is

approval of conditions and i'm able to answer any questions. >> project sponsor. >> a good afternoon, commissioners. i am the project sponsor. before i make a few comments, i would like to pass over some documents. this is a community meetings memo of july 9. if this is the reply.

i am sorry to hand over today but i would like to pass that to the commissioners. i would like to make some comments on the eve letter. after the expense of the space we bring more trusting to japan town now and we believe the point of view of the customer a they have more selection and more to choose of the product to find in japan town. talking about the productivity issue. in 2009, we found the tway in

the children's product which had a problem due to regulations. since then, we stopped the import and sales of the toys and children's products and we have established safety programs in our country -- in our company. we obtained approval and the start to import and selling the product at this moment. today, a i was invited our attorney and we have a presentation about the product at issue.

we have the japan town community support to support the community meeting at the last meeting on the july 9 and since then i start to conduct each community to understanding the activities. i ain't had the community groups already and i keep on going to meet the other community groups to understand how we can supporting those communities individual. thank you very much. that is all. president fong: is there any public comment on this item? >> good afternoon, commissioners. on the executive director of the japan town task force.

i have a couple of extra copies of support letters from the japan town merchants association and the japan town task force. i would like to read from our letter. the japan town tax force is pleased to provide support for this conditional use in accordance to the japan town special use district. this is a very much in line with the input we have received the community and the public outrage from a better neighborhood planning process in that there's a need for a large japanese retailer to increase visitor traffic to the commercial area of japan town. in spite of the store size which control your a conditional use requirement, the desires of the community -- the occupancy fell the large vacancy created by the closing of the antique store.

since the continuation of this matter, there was a very successful community meeting and the summary notes of the meeting are in their reports to staff which was just handed out. we are pleased to hear of the sincere commitment to support japan town's activities in the future. i also want to comment -- this morning there was a memo that objects to the approval running with the land which would give the landlord to lease this to another user without going to through the process. he he recommends and approval for further consideration. i work with him on the plan and i share his concern and would like to see this approval ltd. but absent that, i don't

recommend the approval be delayed. being a city-wide policy, it's a bigger question then this discussion and i am confident this issue should be dealt with in the planning process. i don't think it's leaving any time soon until they have three years remaining on their lease and this is the second highest scorer in revenue. any additional public comment? >> good afternoon, commissioners. i am with the duane morris law firm in the city and i have the privilege of working with said store working its way through regulatory issues at first encounter when it came to this country several years ago. quite frankly, they were a newcomer and needed some cultural and legal awareness

when they opened in this country, but they have always had a firm commitment to public service and safety. despite some highly technical legal issues, there has not been a single instance of any harm, damage or loss to any consumers. they paid the price for the mistakes they made in technical product safety issues and they have since fully come around and entered into a consent decree with the u.s. products safety commission and several local agencies in 2009. the last piece was put into place in 2012 but the essential agreement was done well before then and as the record demonstrates, they have had a spotless safety record. they are in full compliance with all product safety issues and

the safety of their products and operations should not be an issue that should be considered by this commission. it's a wonderful company and i'm happy to answer any questions. >> thank you. commissioner sugaya: with respect to the mall, it has always been a delicate balance between small businesses and larger companies. we had the same situation with respect to grocery stores. it is my personal belief that the japanese-american owned store that had been there for decades found the competition from a japanese corporate grocery store to be too much. that may not be completely true but it did give them a lot of

competition and they were able to carry a lot of products the other store was not able to. i am not saying it is 100% that reason. i'm sure there are other reasons i am not aware of but with respect to being in the mall, we have to think about concerns like that. i'm going to make a motion to approve this with conditions but i would just like to voice some concern over the issue of large retailers overwhelming smaller businesses. i think the commission deals with that all the time. it is not particular to this but given the japan town planning process and the concerns of the community, it's not an easy decision but i think we can go

ahead and approve it. with respect to conditional use funding, that is an interesting question that we have dealt with before where we say we like this particular use, but what if they go away? it's a good question as to whether or not through the neighborhood planning process you could not craft something that would be different with respect to a conditional use type project that would be applicable in the area that might supersede the overall conditional use permitting process. >> just a reminder -- if it was another formula retail use, it would have to come back. but if it was not, it could run with the property. >> while i share the same

concerns about a larger store giving unfair competition advantage to a smaller store, i think this is a perfect anchor tenant given its location. it will serve that purpose, so i am in support of the project and the retailer. >> i think that clarification is important because not another formula retailer could take over and have this large space. if a locally owned business, presumably we you would want them to go into that space, and makes things much clearer for everyone. the major thing that concerned me in this case is the people who run the japan town center don't seem to always care about what the planning laws happen to

be in the fact this building -- the merchant was allowed to expand into a space knowing what the conditional use was an the message i would like to send, i know it's not the first time we've had questionable actions in following city procedure but i don't condone that. i don't think anyone on this commission contends that. the story is always absolutely insanely busy and it provides an opportunity which is important. you see that in other neighborhood commercial districts. they have anchor stores and a neighborhood commercial corridors. are stores that help to draw people from around the city to benefit the other businesses. but please be on notice that this cannot continue to happen.

commissioner moore: commissioner borden has taken the words out of my mouth. we are always concerned when actions are taken that are indeed obviously against the code and by quickly supporting this property and all of the reasons they have had to do so, i am concerned about having us do it for one but not the other. this is a serious issue particularly when it comes to a large operator and a landlord who should know the rules. this is not small town but a big town. did raise a number of questions and i believe it came a little bit too late. came this morning, too late for

us to fully appreciated. >> not to keep repeating the same thing, but i would just like to add a little bit because this is not the second time something has taken place, not exactly the same, but we have had stories before where one of the tenants was allowed to begin work at head of the permitting process and this does not so much to that tenant but to be ownership of the mall and that is where all of the fire is being directed at the moment. we have said that before but it did not seem to make much difference. commissioner antonini: an

interesting question about running with the establishment location. that's a huge issue but the way it is now, that is what we have to deal with absent formula retail and we have had a few instances where there have been questions about whether the particular outlet is in fact formula retail or not, sometimes being a subsidiary of a company that is a formula retail. there are gray areas here and there have been a community meetings and there is support and i think they have answered the questions that arose at the first hearing and i think it's time to move this one forward and be cognizant in the future of these issues. commissioner wu: i would like to

second the motion. >> the motion on the floor is for approval on the motion. [roll-call] the motion passes unanimously. commissioners, you are now on item number 17. western summit community plan rezoning of adjacent parcels and 358th street project. this is a public hearing on the draft environmental impact report. >> good afternoon. i'm with planning department

staff. this is a hearing to receive comments on the draft environmental impact report for the western some luck community planned rezoning of adjacent parcels. the historic preservation commission had its hearing on july 18 to formulate their comments. today's hearing is on the draft and not the plan itself and we asked the comments be focused on the draft. the public will have the opportunity to comment before the planning commission this fall prior to plan adoption. comments today should be directed to the adequacy and accuracy contained in the draft eir. comments will be responded to in writing.

this document will respond to all verbal and written comments received and include provisions as appropriate. this is not a hearing to consider if the approval or disapproval of the plan. that will follow the final certification. commager's should speak slowly and clearly said the court reporter can produce an accurate transcript. -- commoners should speak slowly and clearly and they should be property -- should be properly identified and sent a copy of the document when completed. after hearing comments from the general public, we will take any comment on the draft eir by the planning commission. the public comment began on june 20 and extends until 5:00 august 6, 2012. comment today should be directed to the adequacy and accuracy of the information contained in the

draft eir as part of the process required by ceqa. we're not here to respond to questions. the document will respond to questions pre this concludes the -- i respectfully suggest the public comment be open. president fong: we have several speaker cards here. i will call several names. [reading names] >> i am dawn holliday. i do want to take the upper 10 dave to k