the existing transit demand management requirements to nonresidential projects consisting of 10,000 square feet or more. commissioner moore: no. mr. radulivic, could you help us with the language? >> the issue is not to extend the controls but to limit them so they do apply already in the eastern neighborhood mixed use districts. the proposal is to limit them to projects only over 100,000 square feet and to remove their applicability to neighborhood retail and service use so it's more at limiting or curtailing current requirements than it is extending it, but otherwise, yes.

>> i will -- i think the two concepts are to limit the applicability of the transit demand -- transportation management program to larger venues and to look at its application to a couple of uses that are proposed, but then in the actual motion, the moved sections, that the commission is supporting exploration of these concepts, not necessarily endorsing the specifics. commissioner moore: i think that is correct, yes. it does require the dialogue and the full support of the

department to write off on this. >> i think ms. rogers and i can accurately reflect that concept in the motion with those amendments. secretary: so your motion for approval with the idea that the city attorney and staff, ms. rogers, will work on refining the language to capture your intent, on the motion, commissioners, commissioner antonini? commissioner antonini: no. secretary: commissioner borden? stepped away. commissioner fong? aye, commissioner moore,. [the motion passed] secretary: the motion passed 5-1 with commissioner antonini voting against. commissioners, you are now on item no. 8, case no. 2011.00

84c. >> before you is a request for continual use authorization to convert the ground floor unit to a new full-service restaurant and bar establishment with an outdoor activity area located at 741 valencia street. since your packets were distributed on april 21, staff has received one additional email from the adjacent neighbor to the south. she has concerns specifically related to drainage, maintenance and structural issues. she is currently working with d.b.i. and the project sponsor to resolve her concerns. per the advice of the city attorney, staff is proposing terrible findings that clarify the use of terms that are normally used in relation to ceqa impact only. this language was emailed to you in the memo dated april 26. i will read the language into the record. to be inserted into the preamble

of the motion immediately after the ceqa determination, any disuvings concerns related to noise and order in this motion is not an indication of an impact under saquabecause ceqa addresses an impact under a particular framework. even though noise and odor eiveses in the neighborhood are not considered to be significant under ceqa, the commission wishes to address areas of concern on the neighbors and seek to reduce potential concerns to the neighborhoods. the commission finds that the proposed conditions of approval to address concerns related to noise and odor do not constitute mitigation measures under ceqa, rather, they seek to address an area of concern to the neighbors and reduce any potential noise or odor or nuisances in the area. the proposed project meets all applicable requirements of the planning code. the proposed project would rezittlize a vacant store front

along the valencia corridor. it promotes the growth of an existing small business. given the findings discussed, staff recommends approval of the conditional use authorization with the additions mentioned. i am available for questions. president olague: thank you. project sponsor? >> hello, i'm joe hargrave, i'm the owner of taco licious and my wife, sarah. when we worked with phil lester in november and december along with tim murphy, our artect to file this paper work with the planning department, i was discouraged, to say the least, to find out it was going to be april 28 before i was heard.

fast forward five months. that time has given me the opportunity to reach out to all of my neighbors and i think that the time was actually pretty valuable. we're pretty simple operations. we're a restaurant that was in the marina, really came on to some hard times in the wake of the economic storm of 2008. we started simultaneously a taco stand at the ferry building literally out of the back of my volvo s.u.v. as it grew in popularity, we turned our flailing restaurant into our first location which is on chestnut and fillmore and have had some really great success over the last 15 months. and began our search for a second location and we're actually thinking to really stay out of the mission until we came

across this particular location and it spoke to both of us. our kids, all three, were born in san francisco. we live on 21st street, a little more toward noe valley but if you lived in katrell or burnell or the mission, these neighborhoods all kind of roll down into the mission and that is where we focus as our commerce so we identify with it and we feel that this project that we're putting in, the jobs we're creating and the company culture we're bringing into the neighborhood is a home run. president olague: we may have questions for you afterwards but thank you. thanks. i'll open it up for public comment. we have several speaker cards, all in favor. so i'm going to limit it to two minutes because we have a 4:00 time certain that we're trying

to get to and if some of you, i don't know if there's any opposition or not present, i'll go ahead and read off the names unless you'd like to all stand up and show your support, whichever you prefer doing. i'll name the names and you can make up your mind whether you want to speak or not. david cole, antalemma faria, armando marquel, theresa passion, manuel ramirez, roberto hernandez and jared rivera. is there any additional public comment on this item? and then i'll ask you all to stand up whose name i called. >> good afternoon, i'm theresa passion. i had a quick comment. i'm with lapelma foods, we manufacture tortillas and we've been with the mission.

tacolicious, i have been at their restaurant. they run a first-class restaurant. they're very conscious of the surroundings, they're very good to their employees. also, the volume of business that they bring to my business which we employ 36 other employees, it will keep my people working. my part of the mission has been hit very hard. the people are suffering economically and what we depend on is the wholesale part and this keeps my people working. we make hand made tortillas. without tacolicious and other businesses in san francisco, i would be forced to send my employees home and all of my employees live in san francisco, spend their money in san francisco. 95% of them do not drive so the money stays in the area. so my big thing is to grant this, it will benefit the city,

it will benefit my business and people that purchase from me and people i buy from, my produce. it's a ripple effect. i am a landlord in the mission district on 20th and every time i drive down there and see vacant buildings, it's heartwrenching because there's homeless in the doorway. it's a mess. when i try to rent my units surrounded by vacant buildings, it doesn't look good. please grant this. president olague: we have been to your establishment. if anyone hasn't been, they should go. is there any additional public comment? >> good afternoon, commissioners, my name is david coles. i live in the mission on guerrero 100 yards from where the proposed restaurant will be

located. i'm a huge proponent of the proposition. i had the pleasure of meeting the executive chef recently with my girlfriend who graduated from the culinary institute of america in napa. we love the restaurant. it's really well done, creative food and it will make a great impact on our neighborhood and the mission. we're in full support. thank you. >> good afternoon, my name is armando mack -- maquell. i live south of market and own a business at 24th street and bryant. i've been to tacolicious at the marina and it's a great place. i saw a lot of famous people there and i would like to see them near my place. the food is great. i own a mexican restaurant and they have a mexican menu and it's just lovely and i would hov to see more business coming out instead of offices and one-story buildings, i think it's much, much better for the community to

have a restaurant. thank you. president olague: thank you. >> my name is roberto hernandez. how are you doing? i've been here many times in support and against many projects because of gentrification in our neighborhood but i believe after a group of us met and reviewed the proposal that's being put before you that he does have a track record of hiring people from our neighborhood, number one. number two, it's in an area that has changed and tacolicious does sound like us latinos, very "licious," and so we are -- i'm here to represent folks from the neighborhood and to give it thumb's up. president olague: would those of you who haven't spoke like to stand up at this time or take the mic, whichever you prefer.

o.k. >> i'll keep it brief. i've been known to be long-winded. my name is antelemo free, executive chef of tacolicious restaurant. we initially hadn't thought of going into the mission because we knew we might get flack for the restaurant but we fell in love with that building and in addition to working with sustainable ingredients and local producers and local businesses, i know i've heard the word gentrification a few times, we very much respect and adore the mexican culture and everything that encompasses the culture. as a staff, the management of tacolicious in the last year has made half a dozen trips to mexico to continue our education process and our learning. i will be going to mexico city in about three weeks to spend three days in a restaurant there

working. i'll be working for free all day to learn more about the food and the culture. we really have the right intention. we want to be part of the neighborhood and we want to be good neighbors and continue to support san francisco and local businesses. thank you. president olague: thank you. >> hi, how are you doing? i'm jared rivera and i live literally a stone's throw away from where the tacolicious will be going. i'm a fan of the restaurant and fan of sarah and joe, as well. i own a p.r. firm called rivera public relations and we've opened up about 250 restaurants out there and i've chosen to live in that area because it's becoming the culinary capital of san francisco. i love that neighborhood and i think tacolicious would be a huge addition to our street. president olague: additional public comment?

>> my name is manuel ramirez. i work for tacolicious. this place is awesome. the food is very honest. i'm really happy with my job. i have other report to you for other place, the owners they gave me always -- he try to gray up everything, so i'm really happy in this place. this place is awesome. do you want to try this, it's very, very good from this place. thank you. president olague: thank you. any additional public comment? seeing none? i tried. >> i work at tacolicious. i'm grateful the next restaurant, i'm going to be the new chef.

tacolicious is a great restaurant, a great company, great to create new jobs and we really need to have to establishment to start to create new jobs and start something new. tacolicious is very licious. president olague: it is great to see all this enthusiasm so you certainly should speak if you want to because i remember when i used to be on -- we used to prepare our speeches and then for the whatever two or three minutes, we appreciate hearing the public comment, too. any additional public comment on this item? seeing none, public comment is closed. commissioner borden? commissioner borden: i live near the current tacolicious and have quite a few occasions to sample the food and it is quite good and the biggest challenge is it's always a wait, even on a monday night, this place is going off. so it's super popular, really

great, fresh ingredients, the tacos of the day and unique fun things they do make the place really awesome. so i have to really commend them. i know they're great community stewards. i was involved with the red cross and they have donated food for an event and i know they do things like that frequently in the community so i appreciate the community partner that they are and it's a strong testament that they're going into the mission and people from the mission are saying, we want this restaurant. that's exactly what we want to see up here. they've created a community around the tacos and the people they work with and are supporting the ecosystem that makes the city great so i move to approve with conditions. >> second. president olague: commissioner antonini? commissioner antonini: thank you. i went out a couple of weeks ago out to the site of tacolicious, the future site, and was happy to see the model outreach by joe and sarah and members of the community who had a few little

concerns and they were quickly answered and i think that was an example of how to really work on working with the community. and of course, a lot has been said, the sponsors live in the neighborhood and they've taken care of all the issues that were brought up and there weren't that many and this is going to be a wonderful block on valencia. it's already moving that way quickly and i'm really excited to see the developments in the next year. president olague: i just wanted to comment that it's encouraging when we see someone like the woman who owns laspalmos, because we forget there is a manufacturing site to some of these businesses and these are jobs people in the community really could use so i want on thank businesses like las palmos for being in the community for

20-some-odd years and continuing to employ people in the neighborhood. one of the questions that keeps coming up a lot up here is, there is such a thing as a neighborhood commercial district. so i'm starting to become a little bit concerned in are from some of the reactions we're getting from people who live in neighborhoods adjacent to a commercial district. so if there were ways to encourage people to really -- i don't know if it's the realtors or who -- but people need to be reminded that when you move into a neighborhood commercial district, there will be unusual noise and smells from the restaurants and foot traffic and a lot more activity than you're going to get if you move into an r.h.1 or some other type of district so it's important to make sure that the interests of small businesses are protected

when they choose to establish themselves in neighborhood commercial districts. i just wanted to mention that. commissioner borden? commissioner borden: i wanted to make sure that the record reflects that my motion included the preambles of the ceqa determination as well as the finding at the end of the motion secretary: the motion on the floor is for approval with the addition of the ceqa language that was added. on the motion, commissioner antonini? commissioner borden? thank you, commissioners, the motion passed unanimously. [the motion passed unanimously] congratulations. commissioners, you are now on item no. 9, case no. 2011.00 85c on 1760 ocean avenue.

>> good afternoon, president olague and commissioners, i'm rick crawford of department staff. this case is a conditional use request to establish a retail formacy store for c.v.s. in an existing building at 7060 ocean avenue at the impression of ocean and dradoterras within the ocean avenue district. the building was formerly occupied by blockbuster video. the project will occupy approximately 15,000 square feet in the southwest corner of the building with the remaining area occupied by a kidney dialysisysis center. the project will include new signage consistent with the proposed cvs store. the project would activate a store front attracting pedestrian traffic to patronize

other businesses in the area and provide employment opportunities for residents. the existing building is limited to the size of smaller retailers such as cvs. several bus lines located within half a mile and the balboa park b.a.r.t. and muni stations are .8 of a mile from the project. the project has received support for the project including from westwood park organization and o.m.i., neighborhood organizations active in the area and one letter of opposition nting to retail use in the area. advances the objectives and policies of the general plan, activate the vacant store front and provides an important neighborhood use serving the area. i'm happy to answer any

questions. thank you. president olague: thank you. project sponsor? >> commissioners, andrew genius for landmark retail and cvs pharmacies. rick's report is complete, your packet is complete. i do want to highlight the outreach. we are committed to doing this on every store. our outreach team did a great job and as rick highlighted, a number of letters of support, broad support for this store as evidenced by the letters. i don't have anything else on say. i'm turning it over to a member of our team. we have our entire team here today including charlie dub, scott rutherford and holly gervach. a minute or two from charlie and we'll give it back to you. >> good afternoon, commissioners.

my name is charlie dub, i'm the regional manager in the bay area. secretary: could you speak right into that mic? thank you. >> downtown me to repeat myself? we're pleased to present this project to you. as you know, this building has been vacant for a while. it does represent a value to the community, both in terms of healthcare as well as general merchandise. cvs is a well respected company throughout the united states with the recent acquisition of the long stores, we've entered into northern california and as you know, there is certainly a void in terms of drug store competition in san francisco. i would be glad to answer any questions that you have. president olague: we may have questions afterward. i would like to open it up for public comment. we have one speaker card.

dolly, i won't even attempt to pronounce your last name. i apologize for that. >> dolly setolamide. good afternoon. i'm project manager at the ocean avenue revitalization collaborative. our group consists of merchants, property owners and residents working to improve the commercial corridor by continuing safety efforts, working with small business owners as well as promoting business district overall. from speaking with a lot of our merchant community and our resident community, a lot of people do support cvs for moving into the neighborhood. this space has been vacant for very long and we've written letters to the city many, many times and even called d.p.w. many times and spoke with the property owner so we're happy that cvs is looking to come in and they've already started contributing to some of the events that we were

coordinating, the ocean avenue art sidewalk sale, and this is a joint event with supervisor avalos. as well as we're excited that there's going to be jobs in the neighborhood. a lot of people need jobs in the neighborhood as well as increased pedestrian traffic in the neighborhood, lighting. right now, since it's all boarded up, it's dark and dangerous at nighttime so we're happy they're thinking about coming in so we ask that you approve this and if you have any questions, you can ask me, as well. thank you. president olague: thank you. any additional public comment? >> commissioners. my name is alex mulaney. i live about three blocks from the proposed location and i publish the engleside light newspaper in the community and i

want to support cvs. that space has been vacant for five years now and the landlord has been reluctant to work with other possible tenants and we have struck gold here. i've complained about the graffiti and the way it's boarded up but to no avail. this is probably the only way to get a corporate tenant in there. thank you. president olague: thank you. any additional public comment on this item? seeing none, public comment is closed. commissioner miguel? commissioner miguel: there are two cvs items on the calendar, this, and the one following, which gives me the opportunity to say something i've been wanting to discuss for some time. if you take a look at the package that we received from the department, it describes this as a formula retail

pharmacy store. if i take the words individually, formula, obviously refers to multiple locations under our code, the way we look at them. i know what retail is. i thought i knew what a pharmacy was, it's someplace where a licensed druggist dispenses prescriptions and in this case it's a retail store. but i don't know this is. i have no idea what cvs is. costco has a pharmacy. sells prescription eye glasses. is it a retail optometrist? is it a retail pharmacy or simply big box general designation? we have two target stores probably coming into san francisco. they have pharmacies. do we describe them as retail pharmacies. i have no idea.

are they in the same category? are all of these? and i don't know what that category is or should be. my understanding that costco sells more wine nationally than any other retailer so is costco a liquor store? i don't think we've ever called it a liquor store. i can buy lunch at any of them. are they in the restaurant category? we've never put them in the restaurant category. i thought back and tried to figure out what category designation the old rexal drug stores would be 50 years ago. i would presume that their percentage of prescription sales compared to their overall sales was much higher than the prescription sales of