>> why don't we call up item 16, for 1109 fillmore street, rca cua. >> good afternoon, commissioners, planning staff. the project before you is the second conditional use authorization request from domino's pizza and the proposal is to establish a new formula retail lease at 1109 fillmore

and golden gate avenue. the proposed site is located along the district along the western addition neighborhood district. it currently operates three blocks north of the proposed site and it's vacating the space and moving to 1109 fillmore, which is occupied by a limit the restaurant use as well. according to new information by the project sponsor since the release of the report they want to relocate in the immediate area. as already presented the applicant has submitted two conditional use authorization requests before you, the first to relocate his existing building to the 1109 fillmore site and the alternate at 3015 geary boulevard is the one that

was previously heard under item 156789 the subject neighborhood is characterized by a diverse mix of goods and services. the subject nine-block district span president bush street, southward to mcallister street. the corridor is well-served by transit. staff noted 14 vacant storefronts in the neighborhood. and approximately 17.6% of the commercial frontage is dedicated towards eating and drinking establishments within the nine blocks surveyed. department finds this proposal to be necessary and desirable and that there retain an existing limited-restaurant use that is part of the neighborhood for many years. while not increasing the concentration of eating or drinking establishment or the number of formula retail establishments. it complis with code and

limited-restaurant uses are allowed in the nc-3. the department received one letter from the fillmore business association, voicing opposition to the influx of franchise businesses into the neighborhood and 21 signatures in support of the proposed project. this concludes my presentation. i will be available for any questions. thank you. >> thank you. would the project sponsor like to make additional comments? >> i would like to show you the picture of the location of the first location, which we have on the domino pizza and we have a second location, which is three blocks right in front of the mcdonalds. as i mentioned before, we had a pre-ap, meeting and nobody discussed anything with us.

and i don't -- i mean we have done everything to comply with regulation and codes and stuff like that. we had done our diligence and the only thing we ask we're moving three blocks. i understand the supervisor does not like the formula retail, but this is not the new formula retail. this has been there for the past 6,7, 8 years, so it's not intensifying the e usage of the formula retail. moving to geary is not going to help us. as far as the rent and we found this location that indian restaurant or whatever, pizza place they had, basically there was -- if you go in the

morning, i would like one of the commissioners to drive by there. there is a lot of people standing in front of the building. it's not safe. and they are not doing anything, just standing around in front of the window. and just standing there. and domino's pizza, they have regulation to clean up the place. sweep streets, water the plants or whatever it is. that is part of the deal. so we would rather be there, clean up the neighborhood and at least create some sort of being friendly with the neighborhood and not allow the people to hang around there. if you notice next to the park, next to the mcdonald's, there is a park there. and most of the people sit over there when the sunny days they come in front of the store and they are standing there. so we would like to see if you can approve this project so we don't have to relocate too far [stkpr-euft/]ing existing

location. >> thank you very much. >> let's open up for public comment [ reading speakers' names ] >> can this be used? >> yes. >> if you start speaking, it will show up on the monitor. >> excuse me. hi my name is magit crawford and i lived in the fillmore area for around 20 years. i'm the chair of the fillmore neighborhood association and board member of brothers for change, which has an office a block fromdom domino's and a permit with rec and park for

cultural activities. i'm here to ask the planning commission to support the community to protect and preserve the culture and economical diversity of the fillmore community and commercial corridor by helping our community create an environment that is supportive of small businesses and maintains a balanced mix of businesses. you can do this by not granting the request for conditional use authorization to domino's. the fillmore community commercial corridor from mcallister to geary, there is a total of 45 businesses on that strip. 25 of those businesses are eating and drinking establishments; which creates an overconcentration of eating and drinking establishments, about 55%. which is twice a little over twice the amount that is

considered overconcentration. i also don't quite know where the 17.6% came from; that is being used. this business mix is particularly damaging to the fillmore, which has both high unemployment and economic disadvantaged communities. as you know money earned by independent businesses more likely to circulate within the local neighborhood. the fillmore was not always like this. it was one point it was thriving, but urban renewal changed everything. the business district reflects the culture and diversity of our community and by granting domino's conditional use authorization you will roll back the work that is being worked on. the impact to the neighborhood is real. this business will help to eliminate small business opportunities by putting

pressure on existing businesses and pricing out start-ups. it doesn't compliment entertainment, business or residents. this location for the last three years has been four businesses that have came and gone. there hasn't been a lease signed. there was a mexican restaurant that came and gone and failed. there was a bbq restaurant not locally owned that just sold hamburgers and it closed. it opened up again as an indian restaurant now. i walked by there a couple of weeks ago and they had a sign saying they were selling burgers and fries and no lease sign and now domino's is coming. this particular area of the community, the last place on fillmore street that has african-american population and we ask for your support. please not grant this conditional use authorization. >> thank you. >> my name is

[speaker not understood] and indian cuisine. i bought this place last year in june. we serve indian pizza and indian food and the people over there are low-income people. and first we started the business, we were working full-time and now we have only one person. it's hard to play the rent. if domino's takes my place i could close down. i am happy that they take the place, because indian food is more expensive. people like to sit inside and they like to enjoy beer and wine . please grant this approval and he can take over this place and i will be happy.

thank you. >> t >> thank you. any furthe >> david wally wilcox, domino's. i'm a local business owner, 320 bay shore and we employ local people. i know the formula retail is a problem, but we employ local people and i work hard and my kid goes to local high schools and we just happen to have this brand. it's affordable and the fillmore is not that far yet, you know, to the high-end, where the people aren't really being helped by this. i went over to the community rec center and i'm working with them to make sure that they are served, and make sure that we get local employees. and we already do, but just checking in to make sure. any questions that you have? >> there may be questions

further. >> thank you. >> thank you. any further public comment? seeing none, public comment is closed. commissioner antonini. >> it's been pointed out there are quite a few vacancies on this particular part of fillmore street, and there are a lot of opportunities for local businesses and others, even if this goes in? because there are a lot of vacant sites and we're only talking about a take-out pizza place that is just relocating a few blocks from its present location. the other advantage is this is more of an argument for both of them, but i don't think the other one will be for us if this passes. since most of their business is delivery, if you have them closer to each other, you can have drivers driving less distance, burning up less gas and generally be a little bit

more favorable to the environment, if you are not going further distances to deliver pizza. also, it is nice to have something that is walkable in a neighborhood. a lot of times you come home and want to get a quick bite and you don't want to have to move your car again or take a bus to get something to eat. you just want to get some food and go home and there are quite a few residences in this area. a lot of parking lot apartment buildings and condos and they mentioned they are getting a higher percentage of walkout traffic in addition to just delivery. it's replacing an existing eating and drinking establishment. that the present owner testified that his price point was too high to be successful.

and you know, it just wasn't going to work. so either have a vacant place or you will have this. and finally, local owner, local hire. those things work for me. it's a franchise. it's a little different from just a chain. it's a franchise. it's operated independently. so i'm in favor of this and presumably we would not approve the one on geary, in one was approved, but i think this sounds like the wiser decision. >> commissioner borden? >> well, i'm very sympathetic to the project sponsor and the desire just to move a few blocks away. i am concerned because in this area, there are safeway, wells fargo, panda express, subway sandwiches, starbucks, unfortunately it's like a glut of forual retail and it's across from mcdonalds and i understand there are some issues with the police around

that area. and so i don't think that someplace where people can actually sit down and eat would help that situation that already exists with people kind of standing around and engaging in activities that, perhaps, they shouldn't be. so that is one of the reasons. the other reason is the concentration of formula retail. it's been such a long journey in trying to revitalize the lower fillmore. and create kind of this vibrant, arts and cultural jazz district, which never really quite came to fruition. there was always hope and promise, once we got beyond redevelopment we got to a place we were having more locally-owned businesses. i'm sad to hear about the indian restaurant that is not thriving there, but this is an older building with nice awnings and a different kind of space that i don't really see

formula retail in. if it wasn't for that concentration and the fact that i think we need to have changing the dynamics in that corridor, i would feel differently, but i actually don't think this is an asset or necessary addition. i recognize it's a move and i feel bad for you. i just don't like this location on fillmore. if it were maybe somewhere else i would be supportive, but at this site, i just can't. >> commissioner hillis sorry, commissioner sugaya. >> so i think i share commissioner borden's comments and issues. i think it's just a better use on geary. it doesn't generate a lot of walk bitraffic and you have walk up and that is good. a quick question for the project sponsor. do you operate any -- all your restaurants under the

domino's brand? >> well, >> well, yes. sorry. domino's doesn't allow you to operate others. >> i share commissioner borden's concerns. i think one of the problems that we haven't realized the potential for fillmore is the overconcentration of formula retail. so i prefer that geary site. >> i share your concern, but regarding the drug dealing going on at that site, charlie's pharmacy right there, he is really worried about the vacancy. he is really worried about that. six people in nine years now and a vacancy isn't going to

help. a busy restaurant versus one employee would reduce the rift raft. >> i think i agree. a mcdonalds has been brought up as part of the issue on that block, too. and it's busy. but it doesn't seem to generate the street presence and sidewalk presence that people want. so i share your concerns, but a non-formula retail busy restaurant, i would prefer. >> i hope you can walk around and take a look at it in the morning time and afternoon time. >> we very familiar with fillmore street. >> commissioner moore. >> i think what is missing is a more robust discussion by other people from the neighborhood, including the supervisor herself, who apparently has voiced some concerns. but i would agree with commissioner borden and commissioner hillis about the many different concerns about the viability of the neighborhood as a commercial

corridor on its own, its own character and its own signature. because adding another formula retail will not help that. it will fill an immediate need, but it's basically fulfilled in a different way. if most of this has take-out, it doesn't really add anything to giving character and personality to the neighborhood. so i would agree with being more in support of geary as correct location. on the other hand i would very much encourage supervisor to help us in a discussion that also in a few weeks will look at the extension of the ncd and the lower fillmore, which we have continued several times. this is part of the same discussion. so that we have targeted and supported the right applicants with the right

intentions of enhancing the story of the fillmore. >> commissioner sugaya. >> yes, to staff there was some communication with supervisor reed's office? >> i personally had communication with supervisor reed's aide and according to the aide, the supervisor is proposed to formula retail going into the fillmore street area in general and intends to modify existing pending legislation with the fillmore street ncd or the proposed named filmore street ncd and to include language to control additional formula retail in that area. this proposed site does fall within that proposed area.

>> do you know why she choose not to sent a representative? >> i don't know. i'm sorry. >> thank you. i guess i'm not quite so against the domino's as some people have voiced their opinion. it's an existing use, just moving a couple of blocks away. we had the same with high-low that moved from geary to polk. lots of opposition to that bar from the neighborhood saying, you know, we're going to get rid of every bar that -- even if it's existing we don't want to have it renewed. and i guess i would go down the street to a take-out and get pizza. so i guess i don't understand what difference it makes whether it's a sit-down and all that business. it is still lots of people going in and out and generating -- i don't know if you call

it "street life" but at least they are walking around on the streets by their apartments. i understand the supervisor's direction and i understand the testimony that was given by the gentleman representing some of the businesses in the area and we have a letter from the fillmore. i think it's a neighborhood group in opposition, but i'll see what happens when me name is called. >> thank you. i just wanted to offer a couple of thoughts. i share the concern about wanting to have a larger vision for fillmore and lower fillmore in particular. as far as whether this food type is available, i believe there is another pizza establishment six belows away. it seems to me that the geary location may be more

appropriate, but i ask the supervisor to please send a representative next time, so that we can sort of having a dialogue about what the intentions are. commissioner antonini. >> we know what happened with redevelopment and the destruction of the victorian in the fillmore district. slowly the district has been rebuilt, south of geary part of fillmore and it's made great strides in last few years with places like yoshi's, 1300 fillmore, the jazz club, state bird provisions which was just rated as top new restaurant in united states this year and they also putting a second one in there. these are all sit-down, fairly expensive places for dinner and that is bringing a lot of business in there. but there are also the nights when you know, you can't afford that kind of thing, and you just want a pizza or you just

want to order a pizza and take it home and those are the nights that are more common. and most we have seen businesses like the indian business, who spoke about how difficult it is, with a moderate price point, moderate to low even to survive and i don't see any harm in this. there my be a few other formula retail uses, but there are also a lot of new uses that are independently owned, unique and they are bringing in a lot of activity to the area. so i don't think it's a bad thing. it will always be opened. it won't be dark. it will be lit. it will be a place there will be a little bit eyes on the streets to some degree and i don't think it does really any harm. so i'm supportive of this. i think we sometimes think of things in rigid terms like it's formula retail, it's evil. well, you have to look at the use. and it's actually a relocation

as has been pointed out by commissioner sugaya. and so now people who want to have take-out pizza, will have to either walk or have it delivered a little further from the side of geary boulevard. well, that won't be there anymore, because that is being eliminated. so it will have to come from the geary side, if this one doesn't pass. so i would make had a motion to approve, if anybody is going to second it. >> i'll second it. >> okay. >> on the motion to approve, with conditions, (roll call) >> that motion fails

commissioners 2-4 >> commissioners, director, please. >> even if -- i think you might want to make a motion to affirmatively deny, but you have to make an attempt to deny because of the motion in front of you and the supporting criteria are for approval. so i think you would have to have that come back to you. >> can i ask, what happens if we leave it as-is? >> then it does not pass. it's not like a dr, where if there is a failure to move.

>> item 15, 3015 geary boulevard. you have accepted public testimony and closed that hearing. would you like to make a motion, commissioner borden? >> i will make a motion to approve, i think it's a better location. >> second. >> on the motion to approve with conditions (roll call vote) so moved commissioners. that motion passes unanimously, 6-0. items 17a and b, at 4058-4060 18th street, request for conditional use authorization, please note on january 24th, 2013, following public testimony, the commission continued the matter to february 7, 2013 by a vote of

6-0. commissioner fong was absent. and commissioner fong in order for you to participate in this hearing, you need to affirm if indeed you have viewed the video or listened to the audio recordings. >> i have and i'm prepared to participate in this vote. >> thank you, commissioner. i would also like to note that on january 24th, following public testimony the zoning administrator continued the matter to february 7th,2013. at that hearing you closed public comment. so public testimony would only be allowed if new information was introduced to you today. >> good afternoon, president fong, members of the planning commission, staff is presenting

a project at 4058-4060 18th street. the project requires a conditional use authorization, and a rear yard variance. january 24th, the commission had the first hearing on the conditional use. the project would include the establishment of a restaurant including on-site beer and wine sales. on the ground floor with a new commercial storefront to replace an existing garage and parking space pursuant to planning code section 715.24. the second component of the project is the legalization of a change of occupancy of a residential use to a non-residential use the castro country club on the second floor pursuant it planning code