i believe that the smell intrusion is a valid issue, one of which can be helped with air filter, and air handling equipment and improvements and i think that the applicant already said that he would be doing that. i kind of see the food truck operation a little bit as an insensefiation of use, i am not comfortable with and i have to be honest about it. it is not having the food truck, supervisor weiner invented wonderful rules about the trucks operating as independently and how they are serviced should not be happening in these kinds of corner neighborhoods and r3 districts i don't think that is quite the right way of doing it particularly when it is correct the handling and cleaning of the food rep ration equipment in that area and the trucks will come in order to do that, that is not sit right with me.

and generally i am in support if there is indeed a neighborhood icon type of a food operation in the location, but i would put a question mark on the food truck, food servicing and equipment cleaning part of the operation. >> commissioner antonini? >> this is a follow up to the question, if i'm interpreting your remarks correctly, we go back to 1990, when the laundry mat became an accessory use to the market and whatever permitting was needed at that time it was properly done, and i doubt that it was a conditional use at that time. >> it was in 1980. >> yeah. >> there was a building permit application that converted the laundry to the deli for the grocery store and it has been noted by the dr requestor that permit did not have planning department approval signature on it, they asked me what the

planning department review procedures were at that time in 1980. and i noted that there is an ncu card which is the non-conforming use and we track these over time and so we have a card and it notes the change of use. it says, you know, 1 point there is a grocery store with the laundry and then, the next line is that this is all grocery. and so, my assumption is that the department was aware of this. we had documented it and we did not initiate the enforcement action and this goes back to 1980, where we could have handwritten this note into the tracking system at the time and so with that, it is my interpretation and my reading of this that we did not see this as an enforcement issue at the time. and so that is my position on that matter. >> you are basically saying that it was permitted in lieu of any kind of action by the city to stop its permitting? >> it was approved by the city,

it just was not signed by the planning department. but, we noted it in our records, that the change had occurred. and did not have any issue with that at the time. so, you know, asking what procedure was in place, and may in 1980 i was not there and based upon the records it appears that we did not have an issue with that. >> and then there was reference made to a 1990 permit. and i don't know what that involved. but one of the speakers, i think that it was on the project sponsor side talked about there being a 1990 permit. but, it is not really that important, it is not germane to our discussion. but my other question is at the time of permitting it was a deli use. which does that involve or allow for cooking activity too? >> at the time, i don't see anything in the code that would have prohibited cooking and planning code, yeah. i mean back in 1980. >> since it is a continuous use,

>> that is why no cu is necessary, at this point? >> even if this was a florist shop under the planning code they could convert it to a restaurant now. it is not as if they had to maintain one stove or one, you know set of burners and saying that it is not that restrictive and we do allow a chance of use and that is again to encourage the vibrantcy of these limited commercial uses you can change from a floral shop to a restaurant even if it was not a deli and this was another commercial use, this would still be allowed. >> yeah. >> and it is particular to the zoning in this area rather than some neighbors, i know have to visit from the use of change of one but not all neighborhood haves to have that. >> that answers a lot of use questions. i have a couple of questions for the project sponsor regarding the food truck. and now one of the allegations

by the dr requesters is a truck is there all of the time and although you showed the pictures of the various sized trucks being there since 1980 for the market. it goes through this for the distribution, is that the case? >> it is the case, thank you, commissioner antonini for this clarification. and there is a significant yellow zone, in front of this building, but, i think that it is about 75 feet. it was put in for the ash bury market and deli and it is used for deliveries but it has a 30-minute limitation and bacon bacon respects that and they do not do the primary servicing of the trucks and do not do the cleaning of the food trucks at that location. and it is important that they be able to stop there and make

use of that yellow zone for less than 30 minutes. and if there is anyone else in the community. they were using as their primary come sarry and they were doing their very best to adhere to the 30-minute limitation. going forward, they will not be using it as the primary come sarry, but they do need to be able to access the storage and the personnel from that location within the limitations of the dpt, limitations of the yellow zone. >> okay, and the other thing that i think that answers the question of the food truck, what is your permit from what i understand is the establishment of the odor abatement system, which what has to be done for this permit to be granted and then a new dining service counter, i guess as part of it too. >> well, we were unclear whether the counter top in the front window was there as part of the previous permits or not. and we found that the plans

from 1990 and saw that there was a counter put in at that time. that was when the kitchen fixtures were all put in. and fully inspected and passed and cleared. so, we did include replacement of the installation of a counter top that already exists in that window.

we found that the exhaust system in 1980 1k3 changed in 90 is failing in a lot of ways and there are opening in the exhaust flus that will be able to be repaired, with this building permit. and right now, they are fundamentally is not an effective exhaust system. it is not a surprise that the neighbor directly next door, who said that she enjoys the occasional pick in. and you can smell it in the shop. when they are cooking, a lot of bacon. and once the ventilation system is upgraded, with the issuance of this permit, i am sure that that will no longer be a problem, because they are not doing a industrial scale operation, and they are cooking in the morning and a good exhaust system will take care of that. and this is probably more of a fire issue, but the sprinkler system, is it necessary to put it in, no, within the hoods,

only, and it is exists and inspected regularly. >> it is all there, obvious place. >> and the fire department comes in to check it. >> that takes care of that issue. and then i guess, that the other, the only other thing that was brought in by dr requestor was the hours of operation, and those remain the same or they are extended or can you tell me what your hours of operation are going to be? >> the hours of operation at present, they do close at 3. and quite often earlier than that. and the planning code allows a business in this kind of location, to be opened later. and i don't think that it is fair to either mr. angeles who is the operator of the business or to the wong family who owns the property and had this deli there to ask them to agree to close at 3:00 p.m. and i don't think that that is necessary at this location. and it is clearly not a place that is going to become a

nighttime eatery but i can imagine a future where someone might want to have a cup of coffee in the evening and that would be appropriate. >> the code allows until ten. >> that is correct. >> and there is no plans to actually use that. i don't see any other areas of concern and i was impressed about how this revitalized a neighborhood and how it is neighborhooding serving in its

own by a neighborhood res dent and it is all of the things that we want to stand for in san francisco where we want to promote the small businesses that are locally owned and keeping the people from having to go long distances for basic needs and in this case, some food, or, in the case of the ash bury market for the groceries, and you don't have to walk up and down the long hills and the gentleman with the sister-in-law having the same symptom and recovering sxlt only thing that i thought that he was going to say is that they both recovered after they had eaten bacon. >> thank you. >> commissioner? >> commissioner sugaya? >> thank you. yes. i'm kind of the mind in agreeing with commissioner

moore's approach. we don't have a particular threshold for the come sarry or the restaurant itself. >> it is not a planning code definition, it is indicated that they are not using it as the primary come sarry and the only use of the space out in front would be within their requirements of the mta, for limiting it to 30 minutes for loading. >> but... >> at one time it was being used that way. because someone said that they were cooking 500 pounds of bacon there a day. whoever said that it was, you know, whatever. >> but, be that as it may, i don't see how you could cook that much in that kitchen any way. but there are only four burners and a grill and an oven and a deep fryer and maybe your, i don't know, a few microwaves.

but that could be done in a portable machine. any way. the point is that i don't think that it is the property location for providing food products to be loaded on a food truck and then driven around to the sites where the food trucks would go. so, i'm agreeing with commissioner moore on that. i don't have a problem with the limited restaurant use. and i will make a motion to take dr and approve the project with the several conditions, one would be that the air filtration exhaust system be installed and especially addressing the odor issue. and that it is a code issue so that is not in our camp. that the kitchen not be used as a come sarry kitchen to provision the food truck and i think that is about it.

>> hours. >> no, i'm not going to go there. >> what they are. >> i think that the hours that extend, that it would be only until ten,; is that correct?? >> currently the hours to be limited from 6:00 a.m. to 10 p.m. >> right. >> i'm okay with that. >> as i understand it, it cannot be used as the primary come sarry, but we would not have prohibitio n. the parking over night. >> no over night parking. in regards to the air filtration, system it seemed that they were going to repair the existing system and the variety of the air filtration on the market and maybe it would help here, and i know

that there is one on extreme called the smog hog and it burns off and i think that it has an after burn and burns off grease and things like that. and i don't know what system they are proposing but maybe this would help and so that we are all going into it for some expectation and i don't know what the technology will be, but i think that the idea would be that it reduces the odors from the cooking. >> i think that they have specked out the system that they are looking to. >> you have specked out a system at this point? >> thank you, commissioner sugaya. yes. in this supplemental there is a proposal and the scope of work for marina mechanical and it is our expectation that that is going to address the issues, really well. and if they do not, we will go the next step. and there are problems with the roof at this building. and that could not bare the

load of a large system like a smog hog and the weight is too much for the roof of this location and i don't think that is called for by the volume of food being produced. >> if we could, i guess, my concern would be you know, continued complaints, i guess, is the best way to put it. and i don't know, the dr requestor, you stood up and do you have some comment about that quickly? in two sentences? >> thank you, commissioner. two seconds, the restaurant owner, previously suggested a system called a malatron odor abatement system, it is a small but effective misting system that removes the grease from the air and that was the previous suggestion and i would request that they use the system that they previously had specified. and it is not terribly

expensive, i think that it is an $8,000 system and including i think many of the things that they have in the smaller proposal. this has no air filtration, system proposed. thank you. >> i don't know to get into the specific product. but i don't know, mr. sanchez or staff? >> if you have any suggestions on resolving? , you can correct the staff to look at that further and see if there are other systems that would better address the odor, and the odor is very difficult. >> yes. to address and i would not want this to be an ongoing enforcement issue with the violation of the condition of approval and so that is why i am cautious at this point before they take any action on this item and this has happened on the other cases where if there is a certain expectation and lack of proper clarity or condition into that. >> i agree. >> i think, you know what?

this is the crux of the whole conversation is the odor and if this were a carrot or a turn up we would not have a problem here. if i am hearing you to specify specific equipment or part numbers, it is difficult this time. >> i mean, it is helpful and more helpful if we can agree on a system, i mean, as kind of odd as this seems, it is better to do that at this point, and if this malatron system which has been discussed is something that the project sponsor can implement. >> could i call the project sponsor? i want to hear your thoughts on how good of a job and how much money do you want to spend on this? >> it is a $100,000 proposition that we could not support. the fact is that we need the new exhaust and the tube that comes out needs to be repaired

and the fan updated. >> but when the bay area control came out there was no confirmed smell and my only concern is the people that will continually call the city because she have a history of doing this and i don't want to open myself up to constantly being called by the city having these complaints where i have come up with a system that will resolve the smell and it is a proper exhaust. and if he wants to pay for that fill vasing system i will accept that offer. i will accept that. >> you are going to improve it by blowing the air out but you are not... it does not address the odor according to your consultant. that is not acceptable.

>> i apologize. that is for the malatron system? >> you know there are so many systems thrown at me, i don't... >> technically, i mean that we could, i think that the issue is a difference between a ventilation system and one with filtration and that is what i am hearing. i have no technical expertise. >> we don't either. >> it seems to me that if we could at least agree and the commission could direct the sponsor as part of the approval to install the system. >> i will agree with that. >> and then follow up on the details. >> i will agree into putting in filtration and i don't want to come across as not agreeing i am just concerned about... >> and to improve the situation.

and there is a system that is appropriate for this kind of construction because we have restaurants that with the same issues, this is not the only building that cannot support the heavy equipment mentioned first. but there are other people that have done this, but i think that it is basically checking on the building who have the appropriate new systems and give the applicant advisor guidance of how to inquire about it. >> right. >> the project sponsor, and why i called you up and i need your word to do your best effort to take care of the odor? >> the proper exhaust up grades that were outlined in the file that you have. >> and we can work with the project sponsor and have a

system specified on the plans, and i think that to the dr requestor they can make the discussion what they want to staff. >> it sounds like you have equipment information. >> this is the malatron abasement system, and this is what the applicant has already applied for and this is the filter that we would ask him to follow through with. and there has been a lot of going back and forth saying that we will not do it, and we just ask that he do what is on the permit which is the malatron system and it is not expensive. >> okay. >> thank you. >> do you want to motion the

equipment or better than? >> yeah. >> yeah. >> fine. >> you just have to work with staff. >> commissioner wu? >> thank you. >> i just want to understand the distinction between the come sarry or not. and so with the motion that has been made then, where is the restriction? is it that food cannot be loaded on to a truck? is it that there has to be some sort of proof that it is being sold on site? >> it cannot be used as the primary prep kitchen for the food truck and the home base, if you will for the food truck. they can still park the food truck out in front while they do the incidental loading and need to pick someone up and it will be within the limitations of the parking codes. >> so the major regulatory limitation is the dpd code to the 30 minutes. >> yes. and for the specified to no over night parking or storage of the vehicle.

>> i am supportive of the motion as stated. >> commissioner antonini? >> i want to ask the sponsor about this come sarry issue to be sure. i think that we are close to a motion that will work, but i want to make sure that your business model is okay with having another site presumably the site in the mission district to be aible to load your trucks for their, you know, the use around the city to sites where the food trucks are allowed. it requires a designated come sarry. >> that does not suggest that you will not need to use to go to bacon to bacon.

>> i call the question and we do have another item after this and after the question is called and the votes taken and if you could quietly head outside and finish up the questions? >> i did not hear anything second it. >> i second it. >> commissioners on that motion to take the dr and require that the exhaust system with the filtration, equivalent to the system to be installed to mitigate the odor and not to be used as the food truck and no over night parking of the truck at the subject site. on that motion. antonini? >> aye. >> commissioner moore? >> aye. >> sugaya. >> aye.

>> wu. >> aye. >> president fong. >> aye. >> so moved, commissioners that motion passes five to 0. >> that places you on the last item, green wood street for the mandatory discretionary review. >> young, the planning department staff, the item before you is a discretionary review to merge two dwelling units into one, it will include a new stairway and elevator

providing the direct access, the dwelling unit on the first floor, a open dining, kitchen and one bedroom and bathroom. the second floor, 1855, consists of a living, dining and kitchen and deny and two bedrooms and two bathrooms. after the merger, the dwelling unit will be approximately 3,157 square feet. this will be ininclusive of a proposed addition of 400 square feet of floor area filed under the separate permit. the second floor, will consist of those family room, den two bedrooms and two bathrooms. both of the existing units are currently under the ownership. to date, the department has not received any letters in opposition or support of the proposal project. the background that the project sight is in the neighborhood

and the surrounding neighborhood consists of a mix of two to four story residential buildings with two units, as a few residential buildings with three or more units. and assumed rh 2 and rh 3. and 158 radius of the property that are in the rh 2 zoning district. they are 29 percent in one unit and 71 contained two or more units? and also it only meets two of the five dwelling unit merger criteria. in conclusion, it is to take the discretion review and

disapprove the merger, this concludes my presentation and i am available for any questions. thank you. >> thank you. >> and good afternoon, commissioners, steven, i am the architect for the project sponsor, i am sorry, submitting this at a late date, but the letters of support. and the petition for the neighbors of the request for the dwelling merger and the main point that i would like to make is that the criteria of the department uses in establishing the prevailing density and prescribed zoning, the ratios, can be looked at in another way and then especially in this case when it is a two-family dwelling going to a one family, when the historical use of the property itself for the single family and the majority again, historically, if i can find that one.

were also single family houses. and if that is going to show up. there you go. there was a little purple dots were the ones that in the immediate vicinty are all single family dwellings, most of which told are still single family, this is the point that goes back to the sand born and there have been six added over the hun years since the buildings were built, and 6 added to the two units and so the point that i would like to make is in fact if you crunch the numbers differently, and the two dwellings which have been in the category of a single family home and separate out the very large units that skew the average and