i am very pleased to announce to the city and to the commission that scott sanchez has been accepted as the new zoning administrator. we're very pleased to have him on board. he has shown great excellence at this position the last three months and we're very pleased he will be the city's new zoning commission -- zoning administrator. [applause] >> i would just like to say thank you to the director for showing confidence and trust in me. it is a tremendous honor to be the zoning administrator and serve the city of san francisco in this capacity. it has been an honor to work with this commission and the board of appeals, with hpc, and also with staff. that has been a tremendous

experience for me and i am looking forward to it. thank you. president miguel: thank you. it is not the easiest position in the world, so we appreciate you coming at it -- coming into it with the experience to have had. sorry to disrupt. >> quite all right. first up, consideration of items proposed for continuance. there were no items proposed for continuance, although we have just received a request for an item under consideration, findings and final action, as well as the first item on the regular calendar for case number 2007, pacific avenue, the certification of the environmental impact report and the conditional use request. request from the product sponsor to continue until december 2,

2010. -- from the project sponsor. president miguel: is there any public comment on the item for continuance? if not, public comment is closed. commissioners? commissioner antonini? commissioner antonini: i would be in favor -- i think we could take up that one continuance now on 1645. i would be in favor of that. i know the project sponsor is working with the neighborhood and other groups and it makes sense, and i believe the date was december 2? >> yes. commissioner antonini: in that case, i move to continue the item 10 and 11 to december 2.

commissioner sugaya: second. >> on that motion -- [roll call vote] so moved, commissioners. those items will be moved to december 2. also, there is a request from the supervisor campos to hear item 16, the proposed ordinance for the case. i believe we will be accommodating that request and hearing it out of order, first on a regular calendar. president miguel: at such time as the supervisor is here or his representative. >> even better. next, commissioners, is the consent calendar. all matters listed here

constitute a consent calendar considered to be retained by the planning commission and will be acted upon by a single roll call vote of the commission. there will be no separate discussion of these items unless a member of the commission, the public, or staff so requests, in which event the matter shall be removed from the consent calendar and considered as a separate item at this or a future hearing. item one, 2010.0311c, items 2a and b, 500 capp street, request for conditional use authorization and variance. item three, case number 2007.1117c 1731 paul street, and item four, case number 2010.068 2c 2332 taraval street.

i received some speaker cards. president miguel: i will call the card. if you wish to speak on it, we will take off the consent calendar and we will hear it at the beginning of the regular calendar, depending on whether or not we have to take the health care legislation to interrupt the order. elizabeth sweet, david? if you would come up? >> i noticed a lot of the neighborhood -- president miguel: you just wish to take off consent and here at the regular time? >> yes.

president miguel: okay, that is sufficient. we will hear it later. >> my name is david, and we can hear it later. president miguel: ok. is there any other comment on items proposed for the consent calendar. yes? >> i object to the consent, 500 capp street. president miguel: okay, is there anyone else who would wish to speak? if not, public, disclosed. commissioner sugaya? commissioner sugaya: i would like to take item three off consent. president miguel: okay, that would be three, four, and two. ok, commissioner antonini? commissioner antonini: i would

move for approval of item number one on consent, which is all that is left. commissioner borden: second. >> on the motion to take action only on item 1 under the consent calendar, case number 2010.0311c -- [roll call vote] so moved, commissioners. you are now under commissioners questions and matters. item 5, consideration of adoption draft minutes of regular meeting for september 2, 2010, october 7, 2010, and october 14, 2010. president miguel: commissioner sugaya? commissioner sugaya: i was going to move on approval. commissioner antonini: second.

president miguel: is there any public comment regarding acceptance of the minutes? if not, public comment is closed. >> on that motion to adopt said minutes -- [roll call vote] that motion passes, 6-0. item six, commission comments and questions. commission president miguel: eric anthony? commissioner antonini: my congratulations to scott sanchez. very popular in san francisco. congratulations, scott. on another item today, today's "chronicle," great area -- great article on the area south of the china basin. there were a couple of things i

think the public should know about that. the area is large, and there is talk of an arena that would only take up a portion of that. my calculations are only maybe 25% of the available area, so there is room for more development, still consistent with the parking needs which the giants have, which i think would be sufficient for the arena use. the second thing about the rain is is not just focused on the warriors or an nba team, which is very important, but i think that arena, that facility would get used as many as 300 days a year because it is such a good location. i have talked to a number of people in the entertainment area, and they feel it might be a site for major concerts' because people want to be in san francisco and its accessibility is terrific. i think it would be a great economic boom, not to mention other things we cannot have now

because of the facility not being there. i have mentioned major political conventions and other events that require that kind of facility. it would be great, but much more can be done at that site in addition to just that and that would help it make -- help make it more sustainable. that is a great article if the chance to read it. president miguel: commissioner sugaya? commissioner sugaya: i had an opportunity to attend the scoping commission for the academy of art tuesday night downtown at one of their facilities, at post and mason, i think it is. there are quite a few people there, but it was interesting to the extent that it kind of reminded me of some of our hearings, where 90% of the people who were there sung the praises of the academy of art

university rather than talking about what should be covered in the environmental report. and i think that we can expect the same at future hearings, or people from as far away as copper coast account came to testify -- as contra costa county came to testify. in any case, there were other targeted comments, and i don't know if it was that truthful, but i know it is part of the process. president miguel: i also would like to individually complement scott. i appreciate the work you have done so far. it has been interesting, from time to time i watch on tv the board of appeals, and i think you represent the department extremely well, and that is greatly appreciated. during the week, i have had occasion to interface with some

of the members of the hpc, both sides of the pacific project that will be before us. i have had the pleasure of being on a panel monday that was chaired by john king frum "the chronicle," which was very interesting, as well as talking to some of the people who are involved with the health services master plan and with the booker t. washington project. >> commissioners, you are now under the director's report, item seven, director's announcements, item eight, review of past week's events at the board of supervisors, board of appeals, and historic preservation commission. >> thank you, and i had my for

the congratulations to scott and i look forward to working together with him in the coming years. i went to the neighborhood at work friday afternoon to discuss a number of paulette. a number of topics with the residence. one of the things i wanted to mention to you is we will be, towards the end of the year, probably early december, giving you an update on the overall action plan, wrapping that up, and presenting to you some of our recommendations for changing the items under due process for internal procedural changes, primarily, and we will be convening with public stakeholders on that process in early december as well. that group requested that we hold that meeting on saturday morning rather than a weekday evening so we could have better attendance. so we will do that. the other thing i wanted to mention, as you may recall,

several months ago, the mayor and supervisor chu had requested the department convene a park shattered task force to analyze the effects of -- a park shot a task force to analyze the effects of development that is under way. those meetings are being held on an infrequent basis, so for your sake and the public's sake, if your interested in attending, these meetings are available to the public and call the department and we will let you know when the next meetings are. vice president olague: who do we call? >> kevin guy. and i think that is it for me. anne marie has her report. >> good afternoon, commissioners. i'm here to summarize the board of supervisors activities as they pertain to planning and land use. we heard the residential conclusion airing housing ordinance, introduced by mayor newsom and board president chu,

which resulted in several changes to the program. you heard this item on march 25 of this year. at that time, you recommended approval with conditions. your five modifications were incorporated into the organ since -- were incorporated into the ordinance, except for that change of the name of the program. the proposed name of the program is the inclusion rehousing -- inclusion affordable housing program. they're helping owners of inclusionary units who have seen a drop in value, compared with comparable unit that should have been market rates that were much higher. this week the committee agreed with all the mayor's office of housing modifications accept one. of the committee removed a modification that would have allowed the onetime sale of inclusion reinstitute

individuals with higher income. it was that change that was continued for one week. before the land use committee was an ordinance that you initiated, part of a three-part effort that included zoning administration, newly adopted policy, and the ordinance regarding car share. i am pleased to inform you that president chu has signed on it as the primary sponsor of the ordinance and the land use committee members mar and chair maxwell also signed on. reform was scheduled to be before the land use committee this week. it would be changing the administrative code to specify procedures for appeals as- declarations -- as-declarations and exemptions. this week, the item was

continued so further about rich could be conducted. -- so that further out ridge could be conducted. tuesday we heard a hearing on 17th street, which was before you, and we recommended approval. this week, the board approved the ordinance on its final read. also approved on the final read was the planning commission- initiated ordinance, and titled. impact fees, that would make certain technical fees and application of these fees city- wide. you considered this on july 1 of this year. at that hearing, you agreed with the proposed amendment recommended by staff. you've added an exemption for one property with impact fees. the land use committee removed that exemption, so now it would be subject to those fees. without modification, the ordinance passed on the final

read this week. -- with at modification, the ordinance passed on that final read. the fund was the transfer of development rights. this ordinance would amend the general plan, zoning map, and part of the planning code that would allow one property to be rezoned for the sale of dbr's. he recommended approval on june 20, and the legislation had previously been split into two pieces. as more specifically on restrictions to these funds in response to concerns raised by spur and others. a public testimony was also in support of the revised version and the board finally passed this ordinance as well. there were a few ordinances

introduced. one is a planning code amendment for the upper fillmore neighborhood district. this would allow new full- service restaurants, small service restaurants, and self- service specialty food establishments into conditional use authorization. also, supervisor maxwell introduced the bay shore home improvement special use district. and supervisor daly introduced an ordinance that would remove the mall parking requirements, establish maximum parking limits in the industrial district m-1, cm, and south market districts and would require nine residential and hotel parking south of market district maintain a fee structure which would discourage long-term commuter parking. it would also make parking controls in the mission bay district more consistent with the requirements of neighboring districts.

that is the conclusion of the board report. are there questions? president miguel: commissioner antonini? commissioner antonini: thank you for the report. i wonder if during the inclusionary housing project that it was part of the mayor's office. i was happy to hear the idea regarding direct financial assistance, perhaps supplemental to or in lieu of inclusionary housing to city employees and others. i know that discussion came up during the supervisors hearing, but i would like to hear more about that. >> can get you more information on that. commissioner antonini: it has the ability to bypass some of the downsides of inclusionary housing units. thank you. >> thank you. >> commissioners, that puts us

on item 9, case number 2010.0697i 814 mission street, everest college abbreviated institution master plan. >> good evening. everest college has submitted an abbreviated master plan for the location at 814 mission street. the planning code requires post secondary institutions and hospitals to have a master plan on file with the planning department. institutions located within the downtown commercial district of san francisco occupying more than 1000 square feet to make an abbreviated master plan. upon review by the planning commission, you have discretion to hold or not hold a public hearing on the abbreviated imp. everest college has been invocation since 1998 and it --

has been at its current location since 1998 and does not have any other applications. critic and does not have any other locations. everest college consists of approximately 400 students. we prepare them with post secondary education that will provide opportunities and health care, including dental assistants, massage therapy, and pharmacy technicians. the abbreviated imp requires a description of the institution's physical plants and affirmative action program, ownership of property throughout the city of san francisco, the parking availability, and other relative general information. after viewing the abbreviated imp, staff recommends that the commission does the same. staff also recommends you cannot

hold a public hearing on the abbreviated imp, as all the necessary information has been submitted by everest college. i am available for questions, and thank you for your time. president miguel: informational item. is there any public comment on this item? project sponsor to have anything to say? any public comment on this item? if not, public comment is closed. commissioner antonini? commissioner antonini: i was very interested to hear and very familiar with this. being in the dental profession, i have had people trained in what was previously the other program, and i think they do a good job and i appreciate the plan here and having that outlined for us. president miguel: thank you. >> commissioners, that puts us on general public comment, up to

50 minutes. at this time, members of the public may address the commission on items of interest to the public that are within the subject matter jurisdiction of the commission except agenda items. with respect to agenda items, your opportunity to address the commission will be afforded when the item is reached in the meeting. each member of the public may address the commission for up to three minutes. i have a number of speaker cards. >> go giants. president miguel: this is general public comment on items not on the agenda. access of love, yvette, dennis. >> hi. good afternoon. it is a privilege to be able to address you this way. my name is the niece, access of

love a member, and i find it odd that they want to cost an mcd. i have you know we are not. we want to respectfully request a hearing to be held to assess and to find and differentiate mcd's from a social service nonprofit collective who patients already belong to the of mcd's who are already licensed and serving us. our group takes no money from patients. they serve access patients, members of a nonprofit dispensary, such as ocean avenue. acts of love and to prevent disabled patients from being shot and, helps them with housing, health, and other day- to-day struggles. we are not money changers. we would just really like to have a hearing held so we can

somehow craft legislation or at least a definition between social-service agencies and mcd's. thank you. president miguel: thank you. i cannot stop you, but i would greatly appreciate you not taking your full three minutes to say exactly the same thing, the next three speakers. so come on out. >> good afternoon, commissioners. most of you already know me. i am the director of tax of love, sf, and shortly after we got the unanimous vote at the board of supervisors to close at the polls in the mcd legislation, i received a notice of violation -- if we got the votes to close the loophole. there is no way we are anything

else. we are a social service providing organization. i think it is very clear we need to have a hearing on some of the problematic issues around medical cannibas. they are drafting a letter with three main concerns, one of them being the notice of violation to access of love which falls under the sanctuary of the city, and also the letters of determination that are being used to grab our native collectives and have outside entities grab the land. this is very concerning. the third sort of irony of this all is that we have zillions of uncharted delivery services that have online menus, membership

fees, and are not regulated by our definition of mcd. i think the clarification of the mcd is called for as well as a hearing, and i would respectfully request that the department of public health would be involved in that hearing so we can get the department on the same page and actually create land use of legislation that makes sense to what is happening on the land. i would just hope that what we are in the process of amending the legislation at the task force level that all activities against access of love and hope that and any other dispensary that is being basically pursued by hostile forces with the letters of land-use termination -- we have owners to our project

we have owners who are being attacked. i respectfully second the urging for a hearing with the department of public health, and i hope that we can work on these matters with mr. sanchez. i congratulate you on your seating. what you may not be as familiar with many of the other folks with access of love, we would love to meet with you and have you come to the site yourself. thank you very much for your time. president miguel: thank you. >> thank you, members of the planning commission. my name is michael goldman. i will not repeat what has been said. i want you to take notice of the importance of access of love in the community and people it serves. we serve low-income disabled people who do not have the ability to go to an actual dispensary and purchase