ends in january. we were going to land use on december 14, and if the commission wanted to talk about next week, we could take that into account before any final board vote and take that into account before the committee. we could share with you come up with next week if that is the interest of the commission. commissioner antonini: i might suggest that we continue the entire item until next week as part of our discussion. does that make sense to you? >> commissioners, if you are asking me, i think you may want to weigh and on the entertainment uses of the conditional use because she may lose your capacity to wait in that on that item. if you are concerned about the formula retail controls, there has been legislation that requires the c.u. . for the

special use district for formula retail. the question that were racing was what happens in other districts. if you are referring to n.c. or if you are referring to c-2, where there are not formula retail controls. i think that question is moot because formula retail is not considered a use. we would not be looking to article 7. formula retail is a special control that applies if it is in an actual n.c. district or if it is in a special use district like this. commissioner antonini: okay, thank you. i think from what i am hearing, we have sort of bifurcated, from some degree, where we would be voting on whether we were in support of the c.u. for any

entertainment uses but we are passing on the zoning but we could take that up next week as part of our discussion that deals with broader areas. that might be ok. my only misgivings are whether the c.u. is too high a bar to pass on this. that might give a little problem. i like the supervisor's idea very much, and mr. barnes, could i ask one more thing? the discussions will continue regardless of our vote as to what type of controls to have? >> absolutely, the supervisor remains committed to the vibrant business community. commissioner antonini: in deference to supporting the supervisor, i will probably vote for this, but i would like to see a look at mandatory d.r. instead and working with the entertainment commission to may be cut down on some of the cost and process, too. commissioner borden: i would

tend to agree with commissioner antonini regarding a the d.r. as opposed to the c.u. i would love at some other time if we could maybe look at the definition of other entertainment uses, because i think that is also something that is controversy all. if a bar wants to put in a pool table, is that and other entertainment use? obviously, the supervisors don't have time, but i would love a further examination of those issues because a lot of them are not very big establishments and they could not even put in major-sized items. i am not comfortable with the rezoning of the c-2 because i do not know the implications of that, and i appreciate what you explained here. the one thing i am not clear on, the suggestion of how that

would change the r.c. district. it is the goal to change those around the city? >> yes, it is to clarify and go back to the way the controls were up to 2008. this was something the department did also 1996. we realized it was a little out of date and we wanted to modernize that. after we did that, we realized that was an error. what that does is it makes all of the restaurants prohibited along van ness and makes all of the existing resident -- existing restaurants nonconforming uses. that cannot seem inappropriate. we tried it again because we did this 12 years ago and it did not work then or now. whether we go to something different, i think we need to look at that again and come up with a bad recommendation that

the nearest -- come up with a better recommendation than the nearest n.c. commissioner borden: and if we could have a map of the districts that would be affected by the legislation, that would be helpful as well. so we could see the overlay of the existing controls, based upon the latest n.c. district and what would happen. i will support the supervisor on this legislation, but i rather that we do two things, look at doing a the d.r. and the other entertainment uses definition so it is not onerous on somebody who owns a bar and wants to put in a pool table or have a disk jockey or whatever it is. president miguel: commissioner sugaya? commissioner sugaya: am i the

only one who is totally confused? president miguel: no. commissioner sugaya: i don't think anyone in the audience understood anything we were just talking about. it would help if we had some illustrations. i think if we had a metrics comparison, so we could understand what exists and what is proposed, that would be helpful -- if we could have a matrix. president miguel: i agree. i think if we are talking about districts that are somewhat confusing and disparate, if we have some type of mapping on them, sometimes at -- some type of comparison because of the series of overlapping controls, it is very difficult to understand what is and what is not allowed and how something becomes allowed. i am in full agreement with the supervisor borden at the other

entertainment definition, as it now stands, is a bit ridiculous, and has been for some time. i don't know if it gives a problem to the entertainment commission, but it has given problems to this commission and also to the public, without question. iand i would also be in support of the d.r. rather than the c.u. it is a better way to go, simpler, easier to understand. normally, of a like the whole thing to be rezoned until we looked over everything as a complete package. however, i believe the way this is formed right now, it will not hurt the things. therefore, i would be in support of it. commissioner antonini? commissioner antonini: could we not modify it a little bit to

just approved c.u.? or other controls as agreeable with the supervisor and entertainment commission? could we modified that the so it is not pushing one particular thing? second? ok, so the motion has been changed a little bit. we would approved conditional use or other land-use regulations or approval regulations for entertainment uses on van ness avenue, in conjunction with the wishes of the supervisor and the entertainment commission. secretary

10.0512c, 3132 clement street. >> good afternoon. i am from the department staff. this case is a conditional use request to establish a formula retail pharmacy store for cbs at an existing building at clemmons street -- cvs at an existing building at clement street credi. the building was formerly occupied by albertsons grocery store that closed in 2006. the project would occupy approximately 14,270 square

feet, with the remaining area to be occupied by a grocery store approved under a separate permit. no expansion or alteration of the exterior building are proposed and would include new signs with the proposed cvs store and planning code. the project would activate a vacant storefront, attracting pedestrian traffic that would patronize other businesses and provide opportunities for employment for neighborhood residents. the existing building is unique in size and shape, which limits its use to a larger retail, such as at cvs, which tend to be formula retail uses. the department has received eight letters and emails and support of the profits, including support from neighboring residents and businesses. the planning association for the enrichment and the school. at the lincoln park association like the hours of operation limited to 7:00 until 10:00

weekdays, 8:00 until 10:00 on weekends. the sponsor is proposing hours from 7:00 until 10:00 daily. they would have that extra hour on the weekend at the lincoln park association would rather they not have. the department recommends approval of the use with conditions as it complies with the planning code, observances -- advances the general plan, activates a vacant storefront, and provides an import neighborhood serving use for the area. i would be happy to answer any questions. thank you. president miguel: thank you. project sponsor? >> we are all very familiar with this site. that has been abandoned at about five years. i think a lot of people are excited to have it reactivated. this community needs it neighborhood services.

would you believe that cbs fits that bill. i will turn it over to charlie, cvs' regional manager of operations who will tell you about about what the store will do for the community, and then i would like to rapid of -- then i would like to wrap it up. >> good afternoon, commissioners. my name is charlie, the operations regional manager for a cvs pharmacy in the greater bay area. i have worked with them 32 years. as the regional manager, i will be the one responsible for making sure that we are both responsive and committed to the community. cvs is excited to begin expanding its presence in san francisco and provide the san

francisco community with quality health care services. we are uniquely situated to not offer not only entry-level positions but also professional positions to stimulate retail activity in a time of slow economic growth. cvs has grown since its first pharmacy in 1963 to be the no. 1 provider of prescriptions in the united states as well as specialty pharmacy and retail climate to be used in the store. our mission is to improve the lives of those we served by making innovative and high quality health and pharmacy needs both safe, affordable, and easy to access. we've established a presence in the bay area since 2008 to acquire a longs drug stores. we hope to provide a new option for health-care services to the san francisco community.

we also offer health and convenience type items. we are committed to being engaged in the community where are pharmacies exist. for example, with the van ness locations, we have partnered with the local schools, with educational services, with senior wellness programs. that type of engagement we plan to continue at the clement street. more recently we have worked with the mayor's office of neighborhood services to support the center for young women's development through a new program outreach to women working and living on the streets. we have been a proud sponsor this year of the ocean avenue annual holiday decoration program as well. thank you very much. president miguel: thank you. >> as mr. crawford said, we have done extensive outreach. i want to summarize that.

we had two well attended meetings in june and late july. we have worked closely with jim, with lincoln park neighbors. they are also in support. the lincoln park homeowners, friends of the park, friends of lands' end, and a handful of other merchants very close by to the site. i think all of them are very excited and interested in this project moving forward quickly. we hope that we get your support today and i would be happy to answer any questions. thank you. president miguel: one speaker card.

jim? >> good afternoon, mr. president, commissioners. i am the president of the lincoln park neighborhood association. i stand here to agree and approve. it is great to have a neighbor that has been involved in one of the goods stores. we support cvs, we support fresh and easy, and fresh and easy will be operating from 8:00 a.m. until 10:00 p.m. we understand that the pharmacy is an important aspect to any community and allowing access to the pharmacy products, madison's from 7:00 a.m. -- madison from 7:00 a.m. monday through friday is a good thing, but we would prefer to have unity and uniformity for both stores. we would like to roll that back

to 8:00 a.m. until saturdays and sundays. other than that, everything is agreeable to us. if that could be trimmed to 8:00 a.m. saturdays and sundays, we would greatly appreciated. president miguel: thank you. is there further public comment on this item? if not, public comment is closed. just for the public record as much as anything, i go back 20 years with jim working on this project, although i have purposely not involved myself in the their discussions or votes that the planning association took on. i kept away from it on purpose. it took so long to get anything activated on that space that everyone was really having a problem when albertsons closed. i believe everyone in the

neighborhood would have preferred to see a full-service grocery store come in and take their place. there is absolutely no question about it. it i know there were offers made. that is not going to happen, unfortunately. the reasons why, obviously, i have not been party to all of those discussions, but it does not look like that is on to happen. it is unfortunate because that is how that building was built and that is how negotiations were made. bifurcated the building between cvs, which is an excellent firm, nothing against you in that regard, and fresh and easy, which is not the type of store that the neighborhood originally wanted, we will have to see how that works out. there are some doubts in many people's minds, but that has nothing to do with this

particular item that is before us today. if i can ask just one question, i know cvs has been in effect, and i think you used the term retail climate, and actual clinic that operates in conjunction with their pharmacy, not as a separate physical location but within the physical location. is that being planned for here? >> with the acquisition of longs, there were no clinics which is the brand that cvs uses in store. none of those were planned or in existence in any of the stores. that would really depend on the needs of the business and the needs of the community. president miguel: right, thank you, thank you.

is there additional public comment? commissioner antonini? commissioner antonini: thank you. i was thrilled when they built what i think architecturally is a really good mission revival style. unfortunately, probably not because there was not a need for store there, but because of internal problems at albertsons that it had be closed. i am happy to see it reactivated. i guess the question i have is, this approval is only for cvs and does not involve a fresh and easy, and they do, i believe, have their own conditional use, if i am not mistaken, because of the amount of time since it was a store? >> i will not speak for them, but fresh and easy controls the site and at cvs is leasing the

space from fresh and easy. fresh and easy it is when the construction, getting their 10 improvements -- given their tenant improvements are done. commissioner antonini: if that does not have to come through more process, that is even better. i understand that any grocery store reduce could continue with another purveyor of that was the case, also, so that pretty much answers my questions, thank you. secretary avery: motion? commissioner antonini: i move to approve. commissioner borden: second. secretary avery: commissioners, on the motion to approve -- president miguel: commissioner sugaya? commissioner sugaya: i was just

want to comment, in terms of the hours, could you talk about opening at 8:00 in the morning instead of 7:00 in the morning on the weekends? i think i know the answer, but -- >> my comment on that is our hours of operation are dictated by our customers. although it is nice to think that monday through friday is a typical work week, that is not actually the case. although we would have no reason to open up our pharmacy at 7:00 on saturdays to disturb any residents, if it became a need it based on the needs of the community, then we would reserve the right to want to open at 7:00. again, the access to prescriptions can sometimes be a very urgent and very timely thing. that is the only reason that we

would like to be able to have the option of opening at 7:00 on saturdays and sundays. commissioner sugaya: i am not strongly with that one way or another. commissioner borden: i tend to agree. i don't know that one hour makes that big of a difference. i realize some people may have weakened commitments or some people's jobs require them to work on the weekend. obviously, if the store finds that nobody shows up before 8:00, they will change their hours. but i personally don't see any reasons why not. i just think people have very complicated lives and a lot of people are taking their kids to soccer games early in the morning. it might be advantageous, particularly talking about the pharmacy. i live four blocks away from a 24-hour pharmacy, and i cannot

live without that. [laughter] commissioner sugaya: i just need to hurry the meeting along because i have a prescription waiting at my pharmacy right now. president miguel: right. i am making the presumption at the moment -- i would just like the motion to specify what hours we're talking about. secretary avery: as proposed. president miguel: ok, i just want to be clear on that. secretary avery: commissioners, on the motion to approve as proposed -- [roll call vote] secretary avery: thank you, commissioners, that motion passed unanimously.

commissioners, you are now on items as a, b, and c. a and b are for case number 2,009.0765ddv, 12b is a variance for that same case, 374 fifth street, and c is 4235 o'farrell street. it -- and c is for 235 o'farrell street. >> this project was continued at the last hearing. the original proposal was to convert the existing three- story, 47-room tourist hotel into a 46-through market rate residential hotel with a single room occupancy group housing rooms on the second and third

floors and a new pet house on the roof deck. 23 of the rooms are replacement rooms from 235 o'farrell street. the subject property is required to maintain a rear yard of nearly 19 feet at the second and third floors. the existing building covers the entire rear lot. therefore, this product is also subject to a rear yard variance by the zoning administrator. at the hearing on september 30, the commissioners expressed concerns regarding the number of shared bathrooms, the size of the rooms and the residential hotel, and operational conditions. in response, the project sponsor provided the department and commission with detailed information regarding other residential hotels and the city and revise their original plans. the total number of rooms was reduced from 48 to 46. the shared kitchens of the second and third floors were

removed and a larger kitchen and pantry space was added to the ground floor. the original proposal included no private bathrooms and the rooms. the supervisor pause proposal includes four rooms with private full bathrooms and four rooms with private full toilets only. they include 10 shared toilets and showers. the revised proposal adds showers. this was presented at a community meeting on november 16 and subsequent follow-up meetings. based on the commissioner's comments, we added additional uses of approval. the new conditions would require a view of the operations of the hotel six months after the opening and to provide that review to the planning commission. the project sponsor would have to appoint a community liaison to deal with any issues that may come from the neighbors. this week, the project sponsor

and one of the d.r. request jurors agreed to a set of conditions of the project. it is important to note that while some of these conditions may overlap with those approved by the department, the department does not recommend the commission incorporate them into their conditions of approval because they are not either in the department's purview or cannot be enforced by the department. at the original hearing, the department received five additional letters of concerns from nearby residents. based on the proposed revisions an additional conditions of approval, the planning department recommends the planning commission take d.r. and approve the project as revised and with proposed additions. i am available for any questions you have. president miguel: thank you. project sponsor? >> good afternoon, commissioners. i am the project sponsor and the operator of 374 fifth street along with my colleague.

to give you a little bit of background on me, i have about 15 years of hotel experience, operating 40 and that single room occupancy as well as operating 50 units tourist hotel and full-service hotels. i also have experience turning around s.r.o. that our needs. recent price i have done our the hotel on sixth street, located at 1756 street, and also working at the baldwin house hotel. these are the places where there was a need of rehab as well as better management. i was successfully able to turn those places around, which are not too far from the proposed project. the proposed project of 374 fifth street s.r.o.