i'm still waiting to hear about my amendment now. i can modify that a little bit. i can go with a total of 80 residential on four car share and commercial. so, basically what we're doing is we're bringing it down one more. it allows one more to be a car share because it's becoming increasingly more important. and you're going to get some people who will say, i would buy this place if there's a car available to me when it's raining, when i have to get groceries or anything else. but they won't buy the place if they have to put their car somewhere on the street to get vandalized or have to pay for a separate garage somewhere else a few blocks away. so, if there's more car share, that would be my amendment. >> so, just to be clear, the project sponsor is only proposing one car share space? there's three and then three retail spaces. so basically you're proposing

to provide 08 off-street residential, [speaker not understood], three retail. * 80 >> unless they're willing to come up with a couple commercial and car share instead. >> commissioners, for clarity, there is a motion and second on the floor. i haven't heard the maker of the motion nor the seconder support this amendment. >> i could get a second for the amendment. >> we would have to deal with the original motion and the second first, and then we can move on to another motion if that motion fails. >> i'll hear what the developer has to say. >> my preference would be 80, three retail, three tenants or more. and then one car share. i'd be happy to increase that car share to 83 and 2. for a total of 85. >> [inaudible]. >> okay. >> i mean -- >> we'll defer it to the maker of the motion to see what would work for the maker of the motion to try to make this realistic.

i'd hate to see the project fail because we don't have enough parts and go nowhere because we can't sell the unit. it doesn't make any sense. >> mr. junius, you're a land use attorney. how many condominiums do you think are for sale now in the city out of the thousands that used to be for sale? a couple hundred? >> i think if you're talking about demand for units, the pine line is pretty slim right now without a doubt. that's with all the cranes are in the air. >> thank you. we're in a transit rich corridor here. it's not only uses. we have a policy. the staff has already split the difference between .5, which is the max allowed and .75. the developer would have to do all of the things that

commissioner antonini mentioned anyway just to put money into the community -- excuse me -- eastern neighborhoods fund. granted, he's volunteered to do the community benefit separately, but we're not in control of that. all of the things that he has to meet, affordable housing, he's required to do. so, that would be required of any developer. and that developer would still be facing .5. and, so, given the location of this, it's not south of market, which sue hester argues there is no transit. it's not located, you know, in another area. and we have the precedent a block away of having approved up to .67. so, i stand with my motion. >> the way i'll respond to that is this is a rehab project where if you were going to lose

doors, apartment doors because you were going to try to add more parking, i understand that. but you're trying to work with some bones, existing bones. and i still saw that basement is really set up for parking. commissioner moore. >> this commission spends years and years and years, nights and nights and nights on thursdays to develop policies surrounding the eastern neighborhoods including parking [speaker not understood] in transit corridors. i believe that it opens a door for a policy by which, depending on how you want to sell your project, you will find arguments that your project indeed deserves exceptions or considerations outside of what the rest of the folks have to adhere to. i think it has very, very questionable tone for how developers appear in front of this commission. i do think that this project has many other exceptions and

exemptions it is asking for. these are important to consider. they don't [speaker not understood]. those have to be considered in addition to parking. rear yard, whatever they are, i believe that the parking issue with the staff recommendation for an already increase is what this commission should be supporting. >> commissioner antonini. >> it's always curious to me why we have such a war on parking in many instances here. now, just because something was passed, it was passed as a policy, but there was conditional use. as i pointed out, we wouldn't -- or whoever made the final decision, which was probably the board of supervisors on the amount of parking allowed, they wouldn't have allowed .75 for an extraordinary project. this is an extraordinary

project. if they didn't want it to be used if the project warranted it, and that's the reason it's there. so, that's the reason i'm supportive of the higher parking and i probably will vote against this now. but i will vote if we can have another motion, i will vote for the higher parking. >> commissioner hillis. >> just want to comment on the parking. i think not being here on the commission for the other project where we've gone to .65 or .67 to 1, clearly we can go to .67 to 1. my question is, is this project -- are there unique circumstances in this project that would justify four additional spaces, three additional spaces? i think the one argument against it is it's on mission street near barton a pretty transit-rich corridor. but there are things that president fong brought up about

basement being in existence. there are stackers involved. there is the issue of land dedication and the off-site affordable housing. i don't know how that compares to the other project that were approved at .67 to 1. and whether that is -- that gives increase to parking in a couple spaces. >> commissioner moore. >> this commission will need to grant conditional use authorization to develop on a lot exceeding 10,000 square feet or we'll have to give approval for formula retail. it will have to give approval for pud development with specific modifications and it would have to give exemptions for certain planning requirements which normally all other projects have to adhere to, which is really open space dwelling unit street funded and off-street freight loading. the project has and also an

exemption on height and all of that basically amounts to having more units in this particular project than you would have if this project would be totally code compliant. as it packaged itself to pud, it comes automatically a larger project. i think on a policy issue was the public transit parking and traffic. i myself cannot afford to give on that point. i'm prepared on all others. we are already creating a larger project. we are already giving more development benefit to the developer in terms of how many units he can develop. so, i think that is all i can support. >> commissioner antonini. >> well, it is extraordinary and this has not been pointed out. the saving of the new mission theater and the creation of an

even better facility there necessitates, i believe, at the $1 million contribution from the project sponsor, it might even be more. so, that's something that is exceptional and i think the community benefits that are being promised to help stabilize the community, particularly commercial businesses that are threatened to go far beyond what is mandatory under the eastern neighborhoods stabilization front. so, it they are doing some very unusual things and they've got to make it work. and it doesn't work if you can't get it to pencil out. there is obviously a reason. maybe mr. jeves, you can tell me a little more about the whole -- the need to have that parking and a little bit about the economics here when we vote on this because we want to get a yes vote, but we don't want the wrong yes vote. >> surely, and i appreciate all the dialogue and i completely understand the issues related to parking. and i'm very appreciative of the effort to get us the

parking we desire. as commissioner fong mentioned, we have an existing basement, it covers most of the site. the impact on our project of the parking is it's revenue generating. it's what enables us to finance, at least partially, finance -- this voluntary unique benefit package. as far as i'm concerned, as far as i'm aware of, it's unique for private project. i don't think it's any private -- i don't know of any private project that has done that. it helps us finance that and that's why we're asking it -- for it. i'm sensitive, i understand the parking issues, but that's our rationale, so thank you for considering it. >> thank you. you can also let us know this is not your first project. you've done a lot of different projects like the hayes, like the artera, i believe, one or two others, all of which are freestanding and do not do all the benefits that this project is doing. my experience, one thing

unique here is i think we talked about this, but i was approached to do land dedication. in fact, i didn't know land dedication existed, i didn't know what it was. the consequence of that is that i have 100% of market rate units and this may fall on deaf ears. i get concerned about market absorption at artera had 12 units of parking, hayes had three units. those are difficult to fill. i understand we're in a very nice location transit wise, but i'm sensitive to that and i am sensitive to the fact that the burden we put on the project, the community benefits that we will be providing. so, that's my rationale. >> thank you. >> call the question. >> commissioners, there is a motion with a second, to approve with conditions as proposed by staff. commissioner antonini? >> no. >> commissioner hillis? >> aye. >> commissioner moore? >> aye. >> commissioner sugaya? >> aye. >> commissioner wu? >> aye.

>> and commission president fong? >> aye. >> so moved, commissioners, that motion passes 5 to 1. commissioners, that will place you on your next items under your regular calendar. given the proximity of location and similarity in proposal, items 9, 10, and 11 will be called up together to be heard as -- to be heard together, but be voted on separately. commissioners, items 9, 10 and 11, case numbers 2012.0505c, 1101 fillmore street, 2012.0602c, 1290 fillmore street, and 2012.1245c, 1426

fillmore street all requests for conditional use authorization. >> good afternoon, president fong and commissioners. as jonas mentioned, these next few items are all wi-fi antenna items presented by at&t. they're all conditional use instruments. i'll go through and explain them. i just wanted to, i just wanted to point out a map in your

packet showing the location of each of these items. 1101 fillmore, 1290 fillmore, and 1427 if ... fillmore, there is a wi-fi [speaker not understood]. 1101 fillmore street is a proposal from at&t located on the northwest corner of fillmore and golden gate avenue. it is a wi-fi facility proposed by at&t that consists of one wi-fi panel antenna, concealed in a dome on the rooftop of an existing residential and commercial use building. it is preference two co-location site. due to the location of three other carriers at this site, this location is within the nt-3 neighborhood commercial [speaker not understood] and 50

-x height and bulk district. the proposal before you is located at 1290 fillmore street. this is located at the southeast corner of fillmore and eddy. this facility would consist of five wi-fi panel antennas still behind two screens. they're mounted on the facade of the existing mixed use building. this facility is proposal and preference 4 site also nc3 zoning district, height higher here at 130 b. the third proposal is located at 1426 fillmore street, which is the east side of fillmore street between geary and ellis street. this facility consists of six panel antennas and two ray dome on the building on the rooftop and the building is [speaker not understood] commercial building which makes it a preference 4 site, also in the nc-3 neighborhood commercial district and the height here is 160 height and bulk district.

to date staff has received two phone calls with questions about service improvement of home wi-fi systems and also two phone calls opposed to the project space and health concerns. staff is recommending approval of the projects with conditions. i'm available for questions. thank you. >> thank you. calling up public comment, i have two speaker cards. earnest eggerly and nell simmons. good afternoon, commissioners. happy new year. first thing i want to know -- >> could you state your name for the record? [speaker not understood] edgerly. i want to know through the bay area air quality, has there been any studies done on these cell phone towers and neighborhoods? second thing is is there a full

proposal that the community can review on exactly who is at&t -- we know they're an international company, but who is representing them? what is the compensation in our community that they're giving the building management or, you know, who is being paid off, what is going on in our community? the health effects as, again, these infill towers, you know, and the towers which are located within three or four blocks, you know, do we need that many towers in our community, you know. it's three blocks. so, at&t is, of course, going to profit off of getting these towers maybe before verizon, you know. so, we want to know the long-term effects and things like that. but really, you know, not passing it today to get a real

understanding of the full proposal. all we're getting is a date of these big signs to come down here. but none of these facilities nor at&t has a community meeting to discuss anything about these cell phone towers. and as we're developing with our new supervisor and the new cbd along with a lower fillmore neighborhood association that deals with that area, i think it's in deserve of another meeting plan to come here, you know, which is in april, but maybe before that we can deal with this. but since we're going through so many different changes right now, i think it deserves to be reviewed and put on the back burner. thank you.

good afternoon, commissioners. my name is mel simmons. i live at 1431 eddy, which is about four doors from the west basin and which is at 1290 fillmore and a roughly, a block, not even a block from the 1426 site. i have cancer now, been struggling with it for 10 years. i didn't know much about wi-fi or anything like that until i got on the internet and discovered that -- what it does to people. there are denials out there that are questioning it and i'm saying, you're putting a [speaker not understood] on it that doesn't hurt you, it doesn't hurt you.

out of my pocket now, i've gotten some teenagers. i work with kids. i'm a youth counselor for kids in the area. i've been doing that for the last 20 years. i used west bay for talent shows. i use the farmers market i help found on fillmore and o'farrell. it's an organic market. the elders and young people come there and sit all day. this is across from the 1426 building. what i discovered online, and that's where i got my information, it's very threatening to my health. my backyard where i sit in the morning faces 1426 building. so, now i have to worry about the impact of what someone is going to tell me it will not do. the radiation, which is called

micro magnetic waves, it's particles that are airborne and they go through you. if you read it, i don't know if you have, maybe you have. i have a study here. i don't know if i can pass this to you. these are where your microwave antennas are in the black community. it is shocking, the amount of antennas that are spread out in the area, one area of 3rd street and hunters point where now i'm going to do it very aggressively, what health problems are kids having in that area? we're going to try to hire the kids to do a film to say, are there any connecting illness with kids, nose bleeds, headaches, all of these things are -- not only the tumors. i haven't gotten to the tumors and what the study says about

the tumors and the skin cancer. i don't have enough time now, but i wish you give me a second because we just found this out to do this study -- >> sir, your time is up. >> thank you very much, sir. okay. >> thank you. we might call you up for questions. is there any additional public comment? okay, public comment portion is closed. commissioner antonini. >> thank you. to answer some questions that were raised and they come up frequently, we have cell phone conditional uses before us almost on a weekly basis. in terms of even the map that the speaker just brought, the heaviest concentration as a product of usage and it's the most heavily in the middle of downtown because obviously you have the most heaviest use there with high-rise buildings where people are on number of different floors and they're all using their electronic

devices almost constantly all day long, even those on the street. so, you know, it's not -- there is not a reason why you have to -- you can't possibly put antennas in a specific area. there is a limit to how far the antenna will process the signal. and then there is the demand, which has become astronomical because everyone is using these electronic devices all day long for everything. and, so, it's increasing astro no, ma'am li. -- a astronomically. the federal government has set and they're measured from any antennas. and as long as they are below the level that is deemed to be a safe level, then we cannot deny a permit based upon the radio frequency level. * and we also can't discriminate

between carriers. so, that means if at&t wants to put in and verizon wants to put some in and somebody else does, they all have the ability to put their own antennas in. so, as long as this demand is there, there is going to be more antennas and, you know, until they figure out some sort of way to make the transition different. but i don't know if there is going to be anything coming very quickly. >> commissioner moore. >> i would ask that the at&t representative answers the question to this commission and the person asking why there was no neighborhood outreach, was there neighborhood outreach? you can also describe -- would you mind coming to the microphone? i would like to also have you describe to members of the community what other tools you have in the way of helping people get readings, get a more thorough introduction to the

subject matter, including if the area is under used or under covered, et cetera. if you wouldn't mind doing that. >> absolutely, thank you. good afternoon, commissioners. my name is [speaker not understood] and i am the director of external affairs for at&t. i am joined today by david hyatt who is our site acquisition manager for these three wi-fi sites and i'm also joined by ros mather from ham heth and edison who did the radio frequency testing and i believe analysis that is in your packet. * i do want to put out for the commission this is a different technology, as you have not seen us deploy before. this is wi-fi technology. normally we come before you and we ask for your permission to put up macro sites which are 4 feet by 2 feet panel antennas somewhere between 9 and 12. these are wi-fi technologies, about the size of this notebook, more accurately the size of an ipad. so, the 6 you see going in the

size of an ipad, the one we're asking for at 1101 fillmore is 20 inches by 7 inches. so, they're very small technology. unfortunately the nature of this technology is that it only accommodates data. it does not accommodate every single spectrum and every single technology that run on our network. so, what has happened is we have decided to place three wi-fi sites in the center of two macro sites to pull off the capacity from those macro sites that are overloaded right now to serve our customers better. there is a lot of community. there is a lot of stuff going on on the fillmore corridor. it is amazing to see, to be part of it. but it's also creating a lot of people to congregate in one spot, putting a lot of, a lot of pressure on the network. and, so, we're doing this in response to that capacity that we're seeing.

we did hold community meetings. we held three separate community meetings and those are actually in your packets as the people who attended. i'm happy to have conversations with these two gentlemen and anybody else who would like to have conversations with us. we're happy to offer to go out and test his house, his deck, whatever he would like that would give him a comfort to show that the different levels of emf are in the 60 limit and b likely from the wi-fi technology different where he's at and where the antennas are. >> i would appreciate if you would make that contact with the two gentlemen who spoke. again, we hear the concerns expressed each time there is an application for at&t or verizon, but in this particular case i think there needs to be probably an extra explanation, particularly with an ever

increasing use of android and iphones he is addressing, the use of wireless of people over the phone, which puts the request for overloadingon your system. i'd appreciate if you would make a special attempt to speak to these two gentlemen. * >> absolutely. i do want to let them know also that if they for some reason don't want at&t to do the testing, that the department of public health also does testing and they would just need to call the department of public health and request that. so, either way we're happy to do it and i will make contact with them. >> thank you. >> sorry, commissioners. >> commissioner sugaya? >> thank you. i thought there was something different about it because we haven't used the term wi-fi antennas before. >> exactly. >> it is a different system all together like what we have in our houses in terms of wi-fi bouncing around inside our apartments. >> exactly. if you're an at&t customer and you have a wi-fi in your house,

it's very similar, very similar. >> i lost my 4g connection at 900 bush. >> we're working on that. [laughter] >> anyway, so, do you think that this kind of technology will also, then, be -- will be used more and do you know if other carriers are trying to address data issues in a similar fashion? >> you know, i can't speak for other carriers, but i do know that we have a couple of projects going on with wi-fi right now. we're working with the city to do wi-fi from embarcadaro all the way up to castro. >> whereupon, there is a change of captioners; please stand by