all, i want to say it just does it does not fit our culture. there is no plan for delivery for the businesses. they are going to double park. it is going to be a mess. this gentleman and bragged about three affordable units. that is sad, when only 1/8 of the building can be affordable for people like me to buy. please to not approve this project. thank you. >> i live in 360 castro, apartment two. it is a six-unit building. it faces south, right into the north wall of the proposed building. all of the front entrances and all of the windows face that way, which means -- i measured it the other day -- there will

be 14 feet of light available, coming down 65 feet to light and ventilate these apartments. this is not acceptable. i have no cross-ventilation in my apartment as it is. all of my windows face south. there are a couple of other apartments that have small windows that face east, so they would get some kind of light. there are trees not shown in the plans, on the walkway, which will buy it when the building is built. we also feel there will be an increased chance for crime in that walkway, since the walk we will no longer be able to be observed from the intersection or anyplace else, as it is now. also, i have to agree this building is totally out of scale. it just does not fit that intersection of the market street corridor.

the other buildings they are building there, i have no objection. this particular corner of this building is the only corner where the building next to it is facing south, right into the building, instead of having a whole street to admit any kind of light whatsoever. i sent a bunch of documents and photographs to mr. crawford and ms. avery. i did not get any kind of response from ms. avery, so i do not know if she received them or not. i brought some photographs illustrating my point. if i may turn them into you, i would be very -- turn them in to you, i would be very happy. may i? president fong: yes.

i am going to call a couple of other names. richard megley and roger martinez. if you can line up on this side, by the television, we will keep the door open for fire access. >> my name is dan bergerac. i live and work on castro street. this item was brought to the general membership less than two hours ago, sort of an 11th hour need to vote on it. for me, the building does not fit into the neighborhood. it looks like it is from pleasanton or emeryville. i feel it distracts from the neighborhood and does not add anything to it, and i would urge you to vote against it.

>> i am richard mcgarry, the head of the emergence of upper market and castro. there are about 240 currently- paid members for 2012 in the organization. we did meet and hear a presentation from the project sponsors this morning. it was not possible to do it earlier because of the summer meeting calendar schedule. the developer desired to have as much information as they could. i want to confirm that the membership this morning did vote in favor of supporting the project. because of the late hour, that information is not in your packet. i did give ms. avery copies, and also mr. crawford has copies as well as the project sponsor. i want to confirm we are on

board in support of this. we are not neighborhood organization mentioned earlier that asked for some kind of accommodation. thank you. >> my name is roger martinas, and i own the building next door to the gas station. i have been there over 60 years. i grew up in the neighborhood and have been there all my life. there are going to be too many cars. you can barely get across the street with the street lights now. for a person who has a disability, it is very hard. i think the building is ugly. it is coming right next to my building, where it will block off all the light. i think it is a terrible looking building, and i approve -- i

disapprove of the whole project. thank you. president fong: if there are any other speakers that want to speak, leave a card on the bench, thank you. >> good afternoon. my name is judith. i am the planning committee chair for the castro and lincoln valley -- rincon valley neighborhood association. we went to a long process with the project sponsor and the architect. it was very collaborative. it was a good experience, very productive. we forged a settlement agreement with them on a number of items of benefit to the community. we have heard people raising that is inevitable.

it is not going to please everybody, but it does meet planning department regulations and guidelines. we are in support, the neighborhood association, of the project you have before us. there is just one extra little thing. at the time there was the applying of the market octavia regulations to the upper market, the last part, what was called the orphan block, beyond noe -- at that time, there was an agreement made that this project would be grandfathered in and would not be subject to all these agreements, if they

came back with an informational report to the planning commission when the project was finalized. there is one item that remains to be finalized. that is why we asked for that informational hearing to be held separately, which would be just for the parties involved, as the report to the commission, so we can memorialize the last bits. the design is still in flux. the project sponsor has written to you that he will work with us to finalize the facade. but that in, if you can. early in september sometime, as soon as we are finished with the design. thank you.

>> good afternoon. i am allen beach nelson, the president of castro-eureka valley neighborhood association. i worked with the neighborhood sponsor over the past year and a half. a couple of things i just wanted to comment on that some people are saying they just learned about it today -- that is factually correct. they are not just aware of activities in the neighborhood. we distribute newsletters, hand delivered to every home, every business in the core castro area. we have cut articles on this project five times in the last year and a half. it included the most recent issue in july. it has been well publicized. the projects sponsored did all the mandatory neighborhood

informational meeting. that was noticed around the area. it is pretty well known. frankly, what is there now is an eyesore, and of the gas station. -- an ugly gas station. this is an improvement. in the upper market planning process, it was decided this should be and eight story building. that was what was called for in the planning document. we worked with the project sponsor, and we did not want that. the fact that it is a six story building is a reduction from what the neighborhood said it wanted, through a whole planning process that was done in 2007- 2008. this project is the only project that has come before any of us that is actually going to have on-site inclusion therein housing. i know it is only three units. i do not know who makes the

rules on what percentage it should be of low income housing, but this project is the only one to offer it. the project sponsor has been so cooperative with us. we have had at least 12 meetings, lasting two hours each. we have gone back and forth on an agreement. we have gone back and forth on what amenities should be provided. the project sponsors have been so incredibly cooperative. they are going to provide us with an on-site community space that can serve as a visitor center for the castro, something much needed. the on-site inclusionary housing. they have agreed to do more to the streetscape than what is required, which has a high value to it. the have really been working. i urge you to approve this project. we have 300 members. that is in addition to the 2000

newsletters we distribute. 2300 people have gotten of this on this. thank you. >> good afternoon. residential builders association. i got my first call about this project three or four years ago, from peter cohen, representing eureka valley neighborhood association. there were perhaps two or three others. there was a long list of issues and concerns. through a lot of dialogue, through a good open process, these groups have managed to work through a lot. it is not often that you can satisfy all these groups. when you can, it is noteworthy. you can never satisfy everyone. it is difficult.

i can assure you there was years of outreach done on this particular project. as you can see by the letters of support, it is noteworthy. president fong: additional public comment? i am afraid we allow each person to come up for 3 minutes. i am sorry. is there additional public comment from those who have not spoken yet? that closes the public comment portion. commissioner antonini: i have a few questions. i guess the first is in regards to the height. the zoning is ok, 465 feet in this area. >> that is correct. it is zoned for -- it is a 65

foot height district. commissioner antonini: this does a lot of good things. the neighborhood space, one side affordable. it was eight. it is 6 now. we have talked about the height issue. it was concerning to me that the project sponsor's architect said there had been a contract to will design that had been brought out a couple of years ago. it was changed. i do not remember us being consulted about the design. that does not usually happen. there is staff input. maybe there can be an answer of why this was modified. it is out of context with the neighborhood. >> as part of the upper market planning process that started several years ago under former

supervisor duffy, there was a series of parcels that had development potential identified. this was one of those. after a long series of meetings in the neighborhood, it was determined that a more contemporary approach to building design on these sites would be appropriate. they felt that, given the potential for larger projects, that a more contemporary type of design would be more appropriate and would help revitalize and draw more business along the corridor than buildings that mimic the historic facades.

commissioner antonini: for use in the neighborhood said this are planning staff? >> this came out of a planning process with the neighborhood groups. what is before you today is the result of many hours of very close negotiations. and number of associations and the sponsor -- that is what really move this building from where it had been to where it is today. the neighborhood associations are wanting a building that looks like this. commissioner antonini: i heard discussion from a number of speakers today who spoke as individuals, who were somewhat troubled by the appearance. i would assume it was very well vetted, as you have said. it would have been nice if -- i know this is not always possible, but early in the process, if commissioners can get a look at what is being

discussed. it has happened a number of times where a plan comes forward, and because the commission has not spent time on it, the signs are modified, more cost is in gendered, and we wind up with a new design. -- is engendered, and we wind up with a new design. we need to get an r look at this, and then we are able to put in put in sooner and save -- put an early looked in sooner and save redesign. there is a design finalization that will come back to us in a month. i think that is very important. i have some feelings about this. i know other commissioners will have input as well. i am not so sure about the flat iron end of the building, the

angle that is less than 90 degrees. when you have these open areas, particularly the higher one along the top -- i am not sure the purpose of that. that seems to be a little bit unusual. there are a few other things regarding the design which i am not happy with. i like the project. it makes a lot of sense, and certainly is a big improvement over the gas station. vice president wu: i am also interested in the idea of under- utilized sites. it means you can develop housing without displacement. i also like the mixed use nature of the building. i have some questions about the community space. if i could ask both the architect and the project sponsor -- has the community

space actually been designated within the retell footprint? -- retail footprint? >> i will put the plan up. the community space is independently accessed from castro street. this is market street. this is castro street. the community space has its own storefront interest, if you will, and it has its own access. all the retail is along the market, turning a corner of castro street. it is a separate entity. vice president wu: who manages the space, and what will access be like? >> i think that is what took a lot of the negotiation. it was not designing the space

as much as how it is going to be managed in the future. >> the community groups are going to manage their own space. vice president wu: 1 entity in particular? or is there a partnership? commissioner moore: i apologize for being a couple of minutes late. not having the public comment, i do not see any substantive comments against the project. i find it very much in keeping of the detailed follow-up work on the guidelines for upper market street at a time when the department was encouraged to add that portion of market street to the planning. i am in support of the architecture. i find the rather modest approach on mundanity quite

acceptable, would say this project is not actually the contextual building. i would say it is contextual. i find the expression reminiscent of the ideas of how we encourage residential buildings to express the use behind them. i am in full support. cp ommissioner hillis: the parking ratio? >> that is the maximum permitted. commissioner hillis: the south portion of the property that abuts the adjacent property, the walkway and the entry -- is that

right up against the property line of the neighboring property? if you could just describe that facades -- facades. >> maybe i can put on the site plan, so it is easiest with the drawings. this is the property line wall? commissioner hillis: the south wall. >> there are two property line walls. i got my north and south confused. where the palm trees are on the walkway. >> the palm trees are not on this property. they are on the neighboring property, which is along state

street. that is about 14, 15 feet wide. that is not part of this project. the project goes up against it, but for more than half of this project, it is below that. for more than half of this project, it is below the existing grade of this walkway. this part of the project, we're very careful to reduce the height of the building. it goes down to four stories and is set back. commissioner hillis: are you trying to maximize the light and air? >> castro is a very different street than market street. we thought the building could be broken down on castro acommissik the palm trees can handle that? >> i hope. i am not an arborist. but one would hope the city trees are protected on the sidewalk.

>> mr. president, if i might -- those of you standing in front of the door of created a fire hazard. if you can move to the opposite side of the room or find a seat, that would be preferable. president fong: we have already opened up for public comment. >> that is not part of the process. >> perhaps one of the commissioners might ask you to comment. commissioner hillis: i would echo support of a project on the site. it is a great site to convert from a gas station to actual housing. i think it is a good site for more contemporary architecture. commissioner antonini: the space

where the palm trees are and the walkway -- is that private? it is not city right of way. it is privately maintained? >> that is correct. it is on the adjacent property. commissioner antonini: just a question for a moment. they look pretty good. i am not sure if this is sandstone. >> that is something we continue to refine with the neighborhood groups. the 3 d model renderings were done a while ago, nine months or so ago. we put a place holder of material, and some of the comments were that it was too cold for the neighborhood, the gray stone and concrete. we are now looking at the material, a terracotta tile material, that would be put on. the next meeting at the neighborhood groups would be refining the colors and the

corner detailing. we are looking at terracotta, which is warmer. we are looking for a variety of colors in the terracotta to lighten up or make the building and little more approachable, if you will. commissioner antonini: i think it is a good project, and there has been a lot of work going into the design. somebody did make a reference to things that did not fit in. i grew up there, and they have done a wonderful job on their main street. not the areas by hacienda park, although that is done pretty well for what it is. it is a commercial park. when i grew up, they had a lot of ugly 1950's buildings, where

they tore down victorians and older buildings. subsequently, they have torn down the ugly 50's buildings and put up contextual buildings out of wood, out of masonry. it seamlessly fits together, and that is why they draw thousands of people for parades. the mile down the main street -- they have a lot of parades' there. the cannot build things that fit in from the older buildings around them without mimicking them. it can be very attractive. anyway, i think it is going to be a good project. i am in favor of it, and i hope to continue to work with staff on any design modifications. commissioner moore: having heard all the positive comments, it is time to move to approve.

in the adjoining neighborhoods, going up castro street, it is a 360 degree circle. there are inspirations for color, most of them being in the warmer tone of ocher to a lighter color. i think a problem in one of your renderings is that you were using a cold color, which makes it look very harsh and does not show the positive aspects. >> does your motion include the condition that the project -- >> it is informational. commissioner sugaya: that was my question. >> the motion on the floor is for approval, with the condition that the design come back before you at an informational hearing. on that motion -- commissioner antonini: aye. commissioner moore: aye. commissioner sugaya: aye

vice president wu: aye. president fong: aye. >> the motion passed unanimously. >> on the rear yard modification, a close the public hearing, noting that it is a modification, not a variance from the planning code requirements. they have met the planning code, given the unique quality of the site. >> commissioners, you are now on items seve -- 7a and 7b, 491- 499 haight street. we are going to ask that you allow two