responding to those observations. i'm very happy to see this. i'm pleased with the architect spending time on are i'm very pleased one that the neighborhood indeed could develop enough dialog. and this is if indeed a former

retail in addition to meet all the other richlts this commission i should speak for myself. thank you for the work and i am expressing my

>> i think in urban environments it might work but in the city you don't need that sort of visual attraction that people try to create when they are walking down the street. the retail establishments can understand the different ways people discover a business in a city environment versus a

suburban environment that they are driving through will be better. it sounds like a really amazing story and commitment. so thank you for all that you have done for san francisco and the various community groups and for working and finding a great tenant. with that i will move. >> commissioner sugaya? >> i think it's interesting to have this hearing from last week. however one of the differences i think is that the last hearing there was a staff recommendation for disapproval. based on the adopted rules that we had just taken action about a month earlier. so, i think in this case, there is an approval because it does fit within the criteria that we had established and it's interesting to me that the two

projects are only about a block apart. to have the analysis on two opposite sides on two projects that are a block apart was an interesting situation for me when i started to read it. in any case that works in your favor. i would like to extend a couple more thoughts. one i think that signage has been an issue in the upper market area. on previous approvals and we don't directly have control over signs. so i think that's a matter of negotiating with the neighborhood and with the planning department because i don't think we can impose the 15 foot whatever dimension you are agreeing to at this point. but we've had other cases where the neighborhood has pointed out that some others have not lived up to their initial commitment. we would hope that th. i have to say cause in this

taken a very, has responded very well to neighbors concerns. perhaps you can go back to the corporate people and discuss that same kind of thing with some of your other locations especially in the financial district. so, i'm in support. >> commissioner moore? >> i want to add one quick comment. i think we rarely have the cvs pharmacy to take the time into the passionate of architect which in most large buildings that is the case. the previous cvs we had they took a sign and stick it on no matter what. here we have an architectural development which not only plays with the facade type but with the sign as well.

the neighborhood organizations will help bring this through because they are in the market of the plan spending a lot of time talking about this. i think there is credit due to everybody. there is another thing to mention, the sensitive thing is that cvs has modified their business model and is not selling alcohol to me. we have been told we need this for the financials to work. i think to stand in a community and make an active contribution to help is a message of the pharmacy. i recommend the community as well as your own ability to work with that. >> commissioner antonini. single family -- yes. i'm in support and with the modifying

of this store. they were between 21 percent which doesn't make that much different to me. there is a competitive nature with cvs, there is other retail probably. this is a fine project and hopefully we can see more along this line that are supported overwhelmingly by the community. >> commissioner hill is? >> i want to add to the form you have. it's important. if starbucks was here and it wasn't hitting 20 percent. i don't know if i would be supportive. i think they have

made the adjustment as to how it looks and feels. that's why we are not here with the hundred of gone are the days in

the pharmacies. the only one in town is wall green's. >> commissioners there is an order to approve with conditions. commissioner antonini, hillis, moore, sugaya? yes. fong, aye. that motion passes unanimously. >> on the variance of closing. >> commissioners that places you on your final item no. 14 a

and b for case no. 1155 d and v for property 249, 17 street discretionary review. >> good afternoon. we request discretionary review. that proposes to add three stories, one dwelling unit and a limited corner to a one story building. the proposed project is at the southeast corner within the r t o m. the residential mission neighborhood zoengs -- zoning district. those letters are on your case report. the individual requested the review cite the following concerns.

one that it will adversely affect the dr requester. that the restaurant will create noise and the light is unsufficient size. the planning department has received -- reviewed the project and recommended the project match a lighting well as well as a setback at the rear. the sponsor complied with this recommendation. the proposed residential adds one unit to an existing two unit building that is the development potential of

the site. and represents the valuable for the proposed area. it's a family restaurant. a cultural destination and not a formal retail use. the proposed project on balance with the intention of the general plan including the relevant section of the commerce and industry elements the missionary plan. given these reasons it's approved the project as proposed. the project proposes the rear yard of 25 feet while the planning code requires 33 feet. this concludes my presentation and i'm available for questions. >> thank you. dr requester? >> just go ahead and put it

face up. >> thank you for the commissioners and my name is jackie. this is the first time i come to this kind of situation. basically my neighbor their project is on 3249 street. i'm the next door neighbor. i have several major concerns. no. 1 is the extension of the building is eight feet into the encroachment of the rear yard and which block a major part of our deck. in addition, there is

a very small rear yard after the 8 foot encroachment and there will be a large garbage can where the restaurant will be placed there if this immediately upset us. we are also concerned about the existing very congested parking situation. so that's a major concern. another one is an inadequate design. so prior to this, i also try to approach to the owner and architect to find a solution and basically the owner and architect said they have been into this process for a very long time so there is very little space and time and they can change this. and i

also approach to a mediation service but was declined by the owner. the situation and on the left is our house and on the right is the subject's house, the project's house. the owner is proposed to building a three story building which is taller than our building. this is a specific concern. this is our deck and with the extension of 8 foot in the back of the building. we can see this brown bend, the majority part of our deck will be blocked and on the other side, so the building

will be 28 foot blocking the majority part of our deck and the garbage cans will be placed in the back. this is our concern. and the parking space in the around the building is very very tight. essentially it's very difficult to find any parking space. so that's a second concern. also the three story building will completely block the one side of our building which block all of our windows and we are understandable our neighbor has a right, but we hope they can consider to build a light well

which is required i think by the building guide. so if you look at this and all these windows especially this will be completely blocked. so it is true that our neighbor proposed to building a light well. but if you can see the light well, it's not meeting the building requirement. it's the code requirement. it's not matching light well. on our side, light well is three feet deep and on the other side there is only one feet deep. also there is not a second well and the side deck is also lighting. so there are several considerations.

basically we our neighb to address theirligh well design and remong the code viooin the rear yard extension and also the adequate side back violation. thank you very much. >> are there any speakers in support of the dr? >> okay. sir, did you want to speak? >> in support of the dr requester? >> project sponsor, please. >> do i have 5 minutes total. we are going to divide the three minutes for myself and the project architect. >> however you want to use the five minutes. >> yeah, good afternoon president fong and commissioners, my name is marquez and i'm with gonzalez

and we are with the architect and mr. gonzalez behind me. we vehemently -- oppose this. which is a commercial front acexisting one story structure will be converted into a three story beautifully 3 story which is along a commercial corridor that has had a lot of problems with drugs, prostitution and other illicit activities in the past. the project sponsors are truly an american success story. the owners are a married couple immigrated to the united states in 1974 and through hard work have succeeded in opening a restaurant for the heart of the mission distribution --

districts for the past 25. they have purchased in pr opty in 2004 d theyhave lived with his family. the restaurant serves salvadorian cuisine and the restaurant is smaller, seven tables less than the current restaurant. the restaurant is losing their lease and the proposal is to relocate. it's an allegation by a building owner. she is not a neighbor. she lives in palo alto and the daughter does not live there. the owner is making

these representation disin genuinely. they have agreed to provide lighting and provide three foot wide setback. all of the other items i don't really have any credibility. there will about no smell. the trash cans will be in an enclosed location. i would like to now pass it over to the architect and ask for your support of the profit to support a latino owned business and recheck the dr application. >> thank you, my name is alphonso. i'm going to describe to you the aspects of the project. the corner lot, as mr.

marquez said, we are adding three stories. we have three residential units above a commercial unit. each of the residence is 2 bedroom, 2 bath unit. averaging 1100 square feet. we have a 25 foot rear yard setback. we have provided two light wells for the residential design team recommendations. they are both three foot deep. one is ten foot long and the rear is 5 foot long and both of these to accommodate them we had to do quite a bit of redesign to the interior and lost a total of

100 square feet to accommodate that. some of the other design aspects are material wise. there are some rendering ground level we'll have concrete and stone tile with quite a bit of glazing mmercial with the restaurant. we'll have concrete panel covered base and we'll wrap the top level in wood siding. if you have any questions about the design, i will be here. thank you. >> thank you. >> okay, speakers in support of the project i have a number of cards here. arturo tabta, angela, oscar grande, and

orlando. >> good afternoon commissioner. my name is arturo tab l.a. and member of the mexican museum. on behalf of the mexican museum i'm in support of the project. in a wonderful city where a demographic changes and has a popular latino population. it changes the accelerating. the mission district is an important center of culture and of course food is a big part of our community's culture. today you have in front of you the support of this family who are a long time residents of the community for 40 years. for the past 25 years they have owned and operated the restaurant in the heart of the mission. it's

a cultural gem in our community and it is a destination for inter generational members where entire families go there on weekends and during the week to enjoy cuisine from central america. there are very few latino owned businesses in the district. i encourage you to support the project as recommended by your planning staff. thank you very much. >> good afternoon president and commissioners. my name is angela cepeda and i will be reading this letter. my name strongly supports this project because the project sponsor mr. gonzalez is a long time resident of the mission district who has lived in the neighborhood with his family for close to 40 years. the

gonzalez and my family share several things in common. namely that both families have lived for four decades and six decades respectively. our restaurant is the last part of latino owned businesses in the mission district. we have owned and operated this restaurant which is a highly regarded restaurant in the mission district. we have owned this restaurant. we own our building. unfortunately he is losing his lease this year. today, you will have the opportunity to empower mr. gonzalez and his family by approving his project so he can become an owner of his restaurant space. are few

latino owners and business operators in this district and we hope that you can do everything to make sure this project is approved. thank you. >> thank you. everyone gets their time to speak and you will get an at some rebuttal after this. >> good afternoon, i'm here representing the economic rights. poder. we extend full endorsement. mr. gonzalez's story is this a special story. he's a long time fix you are in the mission community specifically on cap street. he's owned and operated the

legendary cafe south of the proposed project. over the past decade, mr. gonzalez's family has worked hard and invested in the community and created jobs. the surrounding neighborhood has benefited from his hard work. 20 years ago when he took a risk on this block, it was filled with dope, prostitution and illicit activities. he along with his neighborhood have really created something on that block and it will continue with this proposed project. i think also the current story that we are seeing in the mission as other people have echoed is that we are also seeing now the popularity of this neighborhood of the mission and the height for speculation and here is a wonderful unique story where someone has been renting for a long time, creating assets for another person is now able buil

fa and his surrounding neighborhood with his own money and own space. i think that's important to learn from, something that we can copy and for others struggling, small business owners, i think also he's been in this process for over five years. he's been in this planning limbo, he's done everything the planners have asked for and played by the rules. he unfortunately got caught in the whole revamping of the neighborhoods and now he's at a place where he's ready to go, planners are ready to move forward and he's faced with the new obstacle which is an opposed neighbor and even through this obstacle he has complied with light wells and set backs and some of the issues around parking. this is the hood. this is in the middle

of a very dense neighborhood. his restaurant is only one block away. it's a very mixed use. you have light pdr, a bar across the street, a residential. it's a unique place and some of these concerns are just not based on the reality of this neighborhood. so we supposed the project and we hope it goes through, thank you. >> good afternoon. any other name is john. barbie. being a resident of this neighborhood for over 30 years. first at saint carlos for 20 years and then at liberty street near 20th and valencia. i wanted to