floor to approve with conditions adding to the list of conditions a community liaison and the hours of operations as noted in the agreement that was passed around. and on that motion, commissioner antonini? >> i am sorry? >> moore. >> there was one clause that is a little unusual. and that no entry under the age of 21. and if someone wants to send their son to buy some cheese and he cannot go in to buy the cheese because he is not 21 isn't that a contradiction. >> we do not allow any minors under 21 without a guardian and that is just the way that we operate the business. >> okay. >> commissioner, i just want to confirm that that condition that was just discussed is not going to be part of the minutes. >> no. >> okay. >> and the business for sure. >> please continue. >> all right, commissioners then on that motion to approve with conditions, again, noting

only that the hours of operation and the community liaison from the list of negotiated conditions be added commissioner borden? >> aye. >> commissioner hillis? >> aye. >> moore. >> aye. >> sugaya. >> aye. >> wu. >> aye. >> and president fong. >> aye >> so moved that motion passes unanimously, 6-0. >> commissioners in places you on item 16 for case number 2013. 2013.0434d (s. young: (415) 558-6346) 1855-1857 greenwich street - south side of greenwich street between laguna and octavia streets; lot 038 in assessor's block 0519 - mandatory discretionary review >> after closing the public comment we continued it to august 8th by a vote of 4 to 1 with commissioner antonini voting against and commissioners borden and hillis absent. so again, 480, if you will or if you have viewed the video,

could you please acknowledge that so that you can participate in this hearing and the vote. >> yes. >> in that case, we can have the staff presentation? >> commissioner, david lee, the department staff. and we did not prepare an additional presentation, so since the last hearing, we would be happy to present an abbreviated version if the commission would like that. >> if i may commissioners, i apologize for the benefit of the public and the commission, even though you closed public comment this item is on your calendar and so you should receive public comment. and so is there a great desire to have the recap of the project? >> i would like to open up for public comment then and is your comment on this item.

>> you don't have to, if you want to. >> good afternoon, my name is tina kennedy and i am here in support of my parents, and in helping to seek approval of the reconstruction of the 1857 greenwich into a single family home. my father supports boys and girls clubs and many others in the san francisco area. and approximately 7 years ago, my father moved out of his childhood home and into the bay view district and purchased his home at 1857 greenwich that he would be able to turn it into a single family home to accommodate his family. as of now they are learning area consists of one master bedroom and one tiny den my

sister and i work for my father and our daily commute to from the park is 3 thafl hours a day, some hours we work late and light to be able to stay with them at their home. athis point it is not possible. i also wanted to point out that there are three flights of stairs up to our parents's living space which are extremely steep and dangerous as our parents enter into their senior years it will be virtually impossible for them to get up these stairs without assistance. my father has put this home into the family trust for his wife and sister andself and passed on through generations, consider approval of the construction of their home. >> thank you. >> any additional public comment? >> seeing none, public comment is closed, commissioner antonini? >> well, thank you. i wanted to just make some general comments first and then talk about this specific, i think that sometimes we labor across purposes in san francisco because as anybody

has acknowledged that we have a shortage of homes that have three or more bedrooms and only 20 percent of our homes in san francisco have that. and we every week we hear from families who need a larger space to accommodate families and extended families. only 30 percent are single family homes but some multiples have many bedrooms in them and we have a rental stock of 2 thirds of the unit and so there is not a shortage of units and in fact we are building more units unfortunately we are often across purposes because we get caught between a situation with rent stabilization ordinance where there is a fear to eliminate them even with the merger of a single unit which goes against a very lotable projects such as this where a family is going to live there, and they are trying to accommodate their needs and create one functional unit.

and a lot of this really has to do with the ordinance more than this particular situation. and so i would hope that we are able to look at this individually, and in the context of just this, because hopefully, some day in the future, the supervisors and the city family will be able to address that in a more equitable way so that it applies to all units not just older units and you know the ones before 1978 which actually need more expensive work and are harder for the people to keep the rents that are level and to be able to do the improvements that are necessary. and the other thing that i did get a report from sharon young and i was very happy that it kind of told us a little bit about the history of the mergers, and i was not aware of the fact that if a particular unit exceeds and i think that it is 1.3 million dollars. and the less expensive of the two, at least in the estimation of staff, and then, it could be

administratively approved. and i would think at it is hard to really figure this out, but given the location, even though the units are some what dysfunctional, it will probably almost qualify for this because i doubt that each of these units is going to be what would be considered affordable unit in its own right. and so, i am in favor of this particular place, my office is not too far away, and i went by it, walked by it and it was said that it was one time a commercial unit on the ground floor which i think that it was, a configuration of it is clear that it looks like the upper unit was a fairly small living unit and the lower unit was probably a commercial up to a few decades ago and i lived in one of those kind of places in dental school when i wondered why they rented to us because of the way that it was put together and it really did not work for a family and i think that some day a family did buy it and they put the thing together and made it into

a fairly nice unit. but those are my feelings on this particular project. >> commissioner hillis? >> so, i was not at the last hearing but i was able to view the tape and it was an interesting discussion and thank you for the information on it. and i believe by the fact that there has not been a lot of these in you know, in recent years, xh is good, and i think that there is a place in the city and i think that this is a some what unique situation where the owner occupies both units. and there are definitely are a mix of the building around the single family homes as wem as multiunit. and you know, it was hard to tell by that kind of the layout of the building what it was. at one point. but i think that it could have done a single family home with the commercials and so i too are in support of would improve this and i would move to approve. >> second. >> commissioner sugaya?

>> if the staff thank you for the memo on the statistics on the mergers since 2011, i have a question. though. >> >> 40 were considered by the department or the commission and all of them were approved. >> of the 33 yes, they were approved. >> so there were no out and out

approvals. >> i believe since 2011 there were no denials but there were withdraws that would have been potential denials i think. and they withdraw before instead of going to the hearing and i did not go back beyond 2011 and i think that there were disapprovals before that. >> yes. >> and since i have been on the commission, there have been. >> right. >> okay, thank you. >> commissioner wu? >> not to belabor the point, my position stands and i know that it is hard for the project sponsors but i think that in the city, you can buy a larger single, not everyone can, but the idea that you can only accommodate a family if you merged units i think is not true, i think that you buy the units or the house size that you want. if you are able to even if the economic position to buy a home. >> commissioner moore? >> i am in support of the

department's recommendation for the disapproval. this comes in the middle of supervisor avalos trying to really shed more light and give more attention to of how they define the demolition and reconstruction i think is what he called the ordinance. and since those units are indeed of the size which can function as independent, well appointed units. and i would agree with what my fellow commissioners said that there are indeed in the market to buy the units which will take the particular circumstance without the number of units that we need and as i said last night, and in light of the fact that we are trying to intensify the city, and outside units should not be moved to decrease the number but have us maintain or in crease the numbers.

>> commissioner antonini? >> yeah. i just wanted to say in reference to this, and many projects, square footage alone does not totally describe the situation. and as was the house that we lived in in dental school and we have a lot of square feet, but the lower unit was not a functional one and the bathroom and the toilet part of the bathroom was separated from the washing facilities by two different rooms and the ceilings were too low and the cost to make that into a unit. and unless it was treated as one house and i think that you have to look at one individual and so i think in this case we have dysfunctionalty each though the staff did not say that they were totally dysfunctional. >> just to clarify that motion was to not take the dr and approve the project as proposed. >> antonini. >> aye. >> borden. >> no. >> hillis. >> aye.

>> moore. >> no. >> sugaya. >> no. >> commissioner. wu. >> no. >> president fong? >> aye. >> that motion fails commissioners, 3-4, with commissioners borden, moore, sugaya and wu, voting against. >> is there an alternate motion? >> it is preferable to make another motion. >> commissioners if you don't make another motion,... >> it is approved. >> the project will be approved. >> i move to take dr and disapprove the project. >> second. >> on that motion, commissioners, to take the dr and disapprove the project. >> antonini. >> no. >> borden. >> aye. >> hillis. >> no. >> moore >> aye. >> sugaya. >> aye. >> wu. >> aye. >> fong. >> no. >> so moved, commissioners that motion passes four to three with commissioners antonini, hillis and fong voting against.

>> commissioners that will place you on the 4 p.m. calendar, items 17. for case number 2013.0128 c. 2460 lombard street. request for conditional use authorization. >> good afternoon, president fong and members of the commission, the department staff. and the item before you is a request by the express for the conditional use authorization to establish a formula retail use at 2460 lombard street, it provides a wide range supplies. the proposal includes a pet wash area as well. and contains a building where 70,000 square feet and the parking for 22 cars in the parking lot and this building was occupied by bank of america and blockbuster video, also formula retail uses. a building expansion is not

proposed. pet city express operates three locations in the city. the pet tore is proposed for the site and is code compliant is and it would not require a hearing or notification, it is located in the m3 district one block north and the union street two blocks south and three blocks east. and nc3 districts are intended to offer a wide variety of comparison and specialty goods and services to a population greater than the meet neighborhood. other streets, include geary boulevard, mission street and portions of market street. the union street is intended to

provide the convenience goods for the residents of cal hollow, and pacific heights and draws from the larger community. also, the nc3 districts is supposed to be developed, to function as a very active shopping district, with larger uses that are attractive to the broader population. through the current mix of formula retail and independently owned retail outlets, on chest nut and ununion it appears that they can co-exist as the streets enjoy a robust commercial activity, and are considered destination neighborhoods and investment is apparent. it contains union street and 16 formula retail uses in 6 blocks. and comparison, lombard street has 8 formula retail uses and 12 blocks and does not enjoy the same level of commercial activity or in investment as

chest nut or union street this is not to suggest that opening up the lombard street is the answer, it only recognizes that the mix of the format can co-exist and perhaps lead to a higher experience. >> support for the project is focused on the activation of a key property on lombard street and the neighborhood investments that it could lead to, access to a broader range of products and currently available in the neighborhood. and the pet food express engagement in san franciscan mal advocacy community. and opposition to the project is focused on the competitive advantage of the formula retail and over saturation of pet food stores, the department received 4 additional letters of support and 21 letters in opposition to the project. and in 2009. the commission denied a similar request by the pet food request on the basis that it was not necessary or desirable

primarily due to the comparative advantage, at that time the department based the recommendation on the concentration of formula retail in the two block radius of the site. while it requires analysis of the entire neighborhood commercial district in xh the use would be located. as previously discussed, of the nct district in which the project is located has formula retail outlet and other nc districtses with higher concentrations of these uses. the purpose is to determine if the project is necessary, or desirable and compatible on a case by case basis. and at this time the department recommends approval of the project as it it is necessary for the improvement of lombard street and it is compatible of the neighborhood and on balance, complies with the planning code sections 303101.1 and the general plans as contained in the project's draft motion and thank you and i am available for any questions. >> if i may interrupt the proceedings for one moment, for

those of you that just came into the chambers we can't have people standing in front of the doorway, or even along the walls, if you can't find a seat, 416 is available for you to watch the proceedings and hear the testimony that is provided and the discussion or deliberations when your name is called we will give you the opportunity to come into this chamber and make your public comment at that time. for those of you who can't find a seat make your way to 416 in the overflow where you will be able to watch these on the video monitor. >> project sponsor, please? >> thank you for having us here, good afternoon. my name is michael levy and i

am the co-owner of pet food express, i started a dove training business in 1976 in san francisco and opened my first san francisco pet supply store in 1980. and i opened a second store on 19th avenue. and 33 years later, here i am with 47 stores in northern california. and hoping to open a 4th store in san francisco. i started my business because i loved pets and i really do think that the pet food express is necessary and desirable for lombard street. we make it desirable for the people, and first, by providing the unique, self-service pet wash as well as high quality pet food and supplies, in fact, we are one of the only pet stores in the united states, that will not carry certain popular brands because the sus

speblgt ingredients such as bi product meal. second we have a very strong and caring employee culture. and we were just voted a best place to work by the bay area news growth for the fourth year in a row. third, we provide great customer service, we have 100 percent satisfaction guarantee for everything that we sell as such, we consistently have four and a half stars, on the reviews for each one of all of the stores. fourth and perhaps the most important, we encourage the pet adoption and more than 25 years ago, we realized that there were far too many homeless pets and we realized that we can be part of the solution, and just last year we donated more than 1.5 million to animal rescues and shelters and police canine departments in the bay area. and many of these groups are here tonight to show their support for us and i really appreciate that. we also host adoption of the events at almost all of our stores every weekend.

and we have helped to save tens of thousand sapeds of animals and will continue to help even more no matter what happens tonight. we hope that you give us the opportunity to do our saving of animals and participate on that on lombard street as well. okay so why do we think that the location of lombard street is a good fit. >> it is a u.s. highway that has more than 20 vacantcies. we can provide parking and we hope that it will anchor and attract businesses to lombard street, it provides a great space for pet adoptions inside and out. and if approved, we also plan to open up a permanent cat adoption center in the store in partnership with the pets unlimited who we have worked with for many years. we have 6 adoptions centers in all of the stores. this year alone we will adopt

2,000 animals. the self-service animal clean service is the only one in the area. it will provide, 14 new jobs and grow from there. and i also have a poe pea petition signed by san franciscans in support of it at this location. over there. and i want to address the issue of big verses small. in our 33-year history we have never put a small independent pet retailer out of business, in fact, the pet food express is still independent as well. i run it with my business parter mark and we have no outside investors and never have had them and no investment banks making our decisions we are no longer small, but that does not mean that we are bad for the community. there is evidence in the economic study that these small retailers oppose our store have thrived in the last two and a half years since we opened up

the store on california street and you will hear more about that in the economic study but according to your staff report, and quote, there are three independently owned pet supply stores in the area and there are no other formula retail areas north of california street and based on a wind shield survey of the formula and non-formula retailers, it appears that such a mix can co-exist. and this project is desirable, as proven by our overwhelming support here tonight and demonstrating to the letters and petitions, and it is necessary, as proven by the economic study and from our partner, pets unlimited, to save your lives of cats and kittens i urge you to support this project so that we can continue to support the pet community and the guardians in san francisco. i would like to turn the mic over to sally at pets unlimited. >> thank you. >> good afternoon, my name is sally workman and i am the

executive director of pets unlimited co-sponsor of this application, pets unlimited is a 24-hour vetary center and, proceeds are used to support the center and pets unlimited saves the lives of hundreds of injured and abused cats and dogs every year but we cannot do it alone. and our work is not possible without the community support and generosity from the clients and donors who care about saving the lives of pets in need. it was founlded 66 years ago when a dog wondered into a yard. she took the dog to the city pound but she learned that the dog's chances for survival were slim and the pets were euthanized after a few days, she decided to take the dog back home with her and she did more. she also took all of the other dogs at the pound. and along with two other civic leaders she began her adoption service, which proved amazingly

successful at finding loving homes for animals in need. the risk of euthanizing to cats and kittens still exist throughout the bay area, while they have the opportunities to get out in the opportunity to rock the adoption events and so on, the felines are not so fortunate. the average length of stay in the shelter is three on four weeks for adult dogs and ten to 12 weeks for adult cats. and we see the length of time that the animals stay in the shelter helps to achieve life saving measures first the animals are healthier and less stressed. and second, this freeze up the capacity for us to rescue, and rehabtait and house another animal in the space, while our existing shelter finds many permanent homes, expanding our adoption services into the marina will give us a broader base and visibility to achieve the mission. but the pet food express is willing to devote the floor space to us and we could not

afford as a non-profit to pay the cost for a facility. we ask that you help us to save the leaves of cats and kittens in our city. >> thank you. >> commissioner, good afternoon, miem denise from the conducting group and we were asked by the pet food express to take a look at the economic impact of the proposed store and we are on the city's economic panel and they asked us to take a look at this interesting issue and we are entreinged and it is not the thing that we typically do. we found that in our research, that the pet supply industry is $104 billion in the united states and kind of a shocker. but most of those sales are mass merchants and big box stores and super markets and

the vet offices >> this is a especially store. and you only go there for the supplies and, san francisco's unique dem graphic means that there is a larger share of sales for pet supplies, at especially stores and other market areas, and we have a population here that looks very different than the traditional population that supports pets and in san francisco, there are more households less pets than there are households by children by a factor of two and san francisco, is a very pet friendly city, and health conscious households often translate that consciousness to what they see for their pets if you decided to eat a healthy diet and when you think about fido and kitny and you think about the healthy diet too that draws you to the especially and premium and super premium foods that are available at pet supply specialty stores and so there is a higher proportion of our sales going to those stores in san francisco.

and very strong performance of those sfoers? san francisco. and so when you look at the questions, what would the impact of the new pet food express stores on that industry as a whole? you are tempted to look at research performed on different kinds of retail stores and try to extrapolate this type of a store to the pet up ply and specialty store segment and in this case, even though it is interesting and kind of they have loved the idea of figuring out what that data looked like we don't need to do it. in fact we have the actual data. we know how that industry performed when pet food express stores were introduced to san francisco, and ve we have the data in the report that shows as a group, the industry continued to grow with the addition of the 3 other