the 50s, bank of america used to use the san carlos sailing into the bay adds their logo or their signature long before they left san francisco, and so i have no problem with the bear, it's just the size of the letters and if they're appropriate. i don't know whether the neighborhood is talking about what the sign says but rather how big it is and how big its impact is. >> another point of clarification, the signage package that you have before you has not been reviewed by the department for a compliance with any code requirement. usually a separate sign permit is reviewed at a later date, and usually the signage is limited to about two square feet per foot of street frontage, so generally, that keeps the size of the sign

relatively and relative to the size of the frontage, i can't guarantee that the package you have in front of you complies with that. this was an issue with the neighbors so see how they were going to -- >> was that an intent of a motion, just to clarify? >> sure, yes. so moved. >> so, intent made -- >> intent to improve based on these conditions with five years being triggered. >> second. >> commissioner sugaya? >> yes, i think the bank representative is listening to this so i hope he understands. mr. ruben understands, i'm sure, in any case, for me, it's a question of -- this is a

conditional use because the project sponsor wants a bigger space, we're about to give it to them and i think in a sense even though we don't have control, we'd like a little give back ourselves and so would the neighborhood, it's not just the three little retail spaces, it's also the spekd part was signed, so i think that in good faith, i'm hoping the project sponsor will keep that in mind as they move forward on the project. >> i just have to agree on the conversation about the signage. for me, it's not necessarily exactly what the logo is on the signs, in the depiction, thank you for clarifying this is not yet approved, there are two signs essentially right next to each other which is what we saw in the verizon store which made

it feel very cluttered and really over the top so i would be encouraged to see the project sponsor worldling with the neighborhood on it even though it would not be part of our review, there is some upper market sign guidelines as part of the community plan, i would be curious to know if those get reflected in the code, if they don't, is it one set sign of guidelines pr the city? >> michael from planning department staff, i'm not sure if the upper market workshop guidelines includes signage guidelines, they may, they don't incorporate to the code directly. there is the upper market street special sign district which applies to this property as well as the normal upper market nct controls as well. >> okay, thank you. >> commissioner antonini? >> i believe our motion has to include the fact that we are

also allowing taking conditional use to allow approval of a financial institution which is qualified as a formula retail because presumably they have more than 9 branches, i would think they do, if they don't, i think that wouldn't apply, i think they obviously have more than 9, and then the other thing would be that the signage would have to go in connection with the architect and i see that the architect is a local firm on here. >> can you call the question, please. >> commissioners, the motion on the floor as i understand it is a motion for -- of intent to approve including the increased square footage to accommodate the three retail spaces that

the five year period will start with a temporary certificate of occupancy of the bank. the signage to be honest with you, i'm not quite sure what you've included regarding that. >> i think it was the language that was -- >> the language here, requiring to come back to you? >> i was fine with delegating the department. >> continue working with the department? okay, on that motion, commissioners -- >> we also have to have the part about the formula retail approved. >> that's already there. . >> when it's worked out, i would like to see it. >> in the form of a memo? >> yeah. >> but if it's an intent, you

need to pick a date: that was my next point, i need to know when it's to come back to you. >> if october 4th works, i think several members because i have another pronlt in the same market street corridor, we'll meet on that date, >> so, the final action for you would be on october 4th. public hearing will be closed. >> yes. alright. >> okay, on that motion, commissioner antonini? >> aye. >> commissioner borden in >> aye. >> commission mer hillis? >> aye. >> xher ner wu? >> aye. >> commissioner fong? >> thank you, commissioners, that motion passed unanimously. >> okay, we're going to take a five minute break on our last item.

>> we're taking a five minute recess.

>> this is for 613 faxon avenue, it's a request for discretionary review, and i believe staff is outside.

>> hello, commissioners, michael smith, planning commission staff, the dr project is proposing a 22 thousand square foot restaurant, it's not a formula retail use, it comes from the adjacent resident to the north who has concerns about trash, loitering, and traffic that the project could potentially cause in the neighborhood. i met with the dr requester recently to understand her concerns. what i saw were several vehicles on her block that were parked illegally, and it was going to the dr requesters

front yard, this block, faxon avenue has no parking until 6 p.m., the proposed restaurant is primarily, it's a sit-down restaurant, so patrons are not likely to park in this area or for quick visits as i saw when i went out there. the plans also show a bar use inside the restaurant, and she was concerned that that would be normal bar use, however, the bar that's proposed is for a more casual dining experience and this restaurant would only have sort of the beer and wine. the sponsor operate as similar restaurant in oakland also within a residential neighborhood so we believe he has experience co-existing his business near residential uses and that he can control trash, noise and loitering.

there's no outdoor space proposed for this use in the rear yard and the restaurant would close at 9 p.m. monday through friday and 10 p.m. on saturday and sunday so it's not intended to be a late night type of use. i did receive an e-mail from commissioner sugaya with the recommendation possibly to extend the fence along the north side property line to provide a greater barrier between the subject store front and the residents next door, and the sponsor is aware of that request and he will speak to it in his presentation. the department sees no exceptional or extraordinary circumstances for this project, it's a normal use located on a commercial corridor that abuts residential uses and we think it would help revitalize the neighborhood as well, so we are

recommending that you not take dr and recommend the project that's proposed and that concludes my presentation. >> thank you. >> dr requestor, you have five minutes. >> my name is [inaudible], i live at 265 fax -- faxon with this one. i have a problem. >> you have to submit your letter? >> yeah. >> okay. this one is the same kind but i copied, and also, i have my neighbors, there's a copy over there.

>> okay, thank you. >> thank you. >> we'll give the commissioners a couple of minutes to read it over. >> why don't we take the speakers that are in support of the dr. >> hi, thank you very much for your time today, i know it's

been a busy day and hopefully with one more to go. the first thing i would like to say, so my name is ken piper, i live at 30 some odd feet across the street from 613 faxon. i don't want to say i'm necessarily 100% prone to dr but we have issues on our street that i would say the city has not been listening to and not been working through that we would like to see resolved. those parking issues, the speed issues of cars on the street are a big concern for us. now on -- i work in the city, my wife is a special ed city, i have three kids going to 34th and mission, we are san francisco people, we know what it means to work and live in the city, we also know what it means to own a house in the city, in particular, one so close to a commercial corridor, so i'm mot trying to think we

deserve special treatment, but what i want to show you is a couple of things regarding parking and i think i can do it on this display, right? >> yes. >> so, let's see, i don't know if you're looking at this material that's here, but on page 5, that picture's not so good, it's more 6 and 7, these pages with the aerial photo, let me start with that, so ms. pike lives here, i live right here and here's where the restaurant's going to be and here is the wall green's parking lot, that has a lot to do with this. what we have is we have continual problem after people parking on the sidewalk both half way and full way on that

side of the parking lot and on the restaurant side. that being said, the restaurant, the landlord have committed to putting in trees, so we're happy to see that, so this picture here will really be of little consequence but that sidewalk parking blocking the ability to go down the sidewalk, over here on the wall green's side, you'll see the ambulance here half way on, more pictures. here is the fun full on the sidewalk picture where you can see both on individual as well as an plans on the sidewalk. here's more general -- here's a motorcycle parking, here's another car full on, they come on the sidewalk, they come right off of ocean avenue, swing right into that wall green's parking lot, they come into the parking lot and back up or they pull directly on.

is that my one minute? >> you have 30 seconds. >> my point is we've looked at that restaurant online, i would love to have that restaurant. we talked with fuke, we think he is a good restaurant owner, we worked with howard in the past, the landlord, they are willing to make adjustments, the city is yet to take action and that's what we're looking to have done here, adding the dr, the issue about transportation, about no traffic, incorrect. >> additional speakers in favor of the dr? >> thank you. seeing none, the project sponsor?

>> thank you for hearing us out, my name's fuke and i'm speaking on behalf of my wife, we own the restaurant for about 8 years now and the whole idea is trying to bring this neighborhood restaurant into a community is like an idea that my father-in-law did, and our business motto was try to be a community and a good business person and try to work out with the community as much as possible, and since we signed the lease in december, 2011, we went to several community meetings and the concern was they want a good restaurant in this neighborhood and we heard about it and there was no other mention of any other concerns, so the second thing is like when we did the 30 day notice

for the change of use, mrs. park and mr. ken piper sent us a couple of e-mails saying they were concerned and they were willing to file this dr, so we met with them on september 13 to see what we can do to solve this problem, we know it's hard, they have a parking issue and we were willing to do it, why don't we put trees, we don't have these parking curb issues, so that is one of the initial things we took as a big owner and howard chung, the landlord tried to fix this one solution, we try to continue to be a good neighbor, a good business model and work with the neighborhood, and i present to you, frank, the designer. >> i'm from asian neighborhood

design, my name is frank bomb gardener, we are a non-profit architecture firm and we do community based projects, so i've had the opportunity to work with fuke, they seek to transform a vacant 2 thousand space into a beautiful restaurant, its location is about 100 feet from the mini spot and it's close to residential and commercial backstop ts, it's to cater to cooking needs for easy food access and pickup and it has two fully accessible restaurants, and the front of house gives different dining experiences, casual raised seating from the canopy,

traditional seating with high ceilings and intimate booth seating totally no more than 50 guests so it's a relatively small restaurant, it's compromised of store front window that is are to maximize transparency, it's to promote safer neighborhoods and businesses as well, we believe this understated yet elegantly designed business will be a nice fit for the neighborhood and it's a good fit. a bit about the fence extending it into the sidewalk, we would like to do that but it's going to have certain implications because it could constrain rights of way, we have to talk about encroachment on the sidewalk. >> thank you. >> thank you. >> speakers in favor of the