we will take it up now. >> i received a correspondent from the request youter with an itinerary saying that he is out of town and physically cannot be

here today. he indicated to me the first time he may not be in town two weeks ago and that he may be back in time for the hearing, so we could build it today. and notice went out today. he has known for at least 20 days. he has indicated to me he would be available for a one week continuance, until may 19. the project sponsors are here, i am here ready to present. i understand the product sponsor is not supportive of the continuance. >> public comment on the continuance? project sponsor? >> commissioners, good afternoon. property owners at 135 el camino del mar. this hearing date has been set for about two months. this was originally filed in january. there were some notice problems. we have been waiting.

three days before the hearing, he buys a ticket and is now in atlanta i understand there have been some communications, but i have not seen any formal requests from you for a continuance. we are ready to go forward. in fact, i would like to show you the one piece of correspondence that he did try to send. in transmitting his travel plans, he basically said, if this matter is continued, let's work on some dates. it does not seem like he wants to be here, cares for a continuance. it is a little bit of a stunner, offensive. we worked hard on this and we have a complete package. we would like to go forward on this today. we would ask you to move forward and leave this on calendar. >> is there any additional public comment regarding the continuance? seeing none, public comment is

closed. commissioner fong? commissioner fong: i would like to not move this item and hear it. it is another landmark location of high-visibility. i think the project has lingered after the flood. i am curious to hear what everyone else has to say. commissioner antonini: i just had a question on the noticing. it seems a we are getting this late. the project sponsor told you that he may not -- the dr requester -- >> he indicated to me prior to the release that he may not be able to be present at this hearing. >> and you probably told him you needed an answer soon. >> i asked him about the probability of it. he was very much up in the air.

he did not know if he would be back on monday or friday. this was when he was traveling in europe. he left town yesterday, out of state. commissioner antonini: we will see what the other commissioners have to say. commissioner olague: commissioner morore. commissioner moore: just as a matter of fair play, to continue, could you object if you tell us that communications, if applicant communication has been erratic or date? is there any animosity that we would have to use as a base for things -- for a pack of letters -- better words, taking advantage? >> interesting question. we have had a number of meetings with the dr requester.

we are shocked that he is not here. we thought he wanted to raise some issues. we do not know why he does not formally ask for a continuance. there were two dr's originally filed. if it was not for this project, we would not be here taking up your time. we would be going to the zoning administrator for a minor forbearance. but now he is not even here and we are being told days before the hearing. >> the only thing i would appreciate for a continuance is an unexpected event in the family or something. we all know that things can be extremely erratic these days. however, in the absence of that, i feel pressed to say that we are going to continue. >> in all fairness, i believe there was an e-mail sent to the secretary describing the

continuance, including the itinerary from his cousicompany. >> to that point, did you see the return date on the itinerary? >> i do not recall the exact date, but it was probably tomorrow or early next week. he did indicate to me his availability to be present on the 19th. >> you are certain if there was another day, he would be here? if it is uncertain -- do we have anything to realistically believe that next week -- i read from the packet that it sounds like there is some animosity going on here. i do not know if it is a delay tactic. >> it is a hard situation

because this has been ongoing for a long time. i really do respect that the dr requester are here, but i do understand there could have been a problem with the date. he should a request to the continuance, at that point, since he was uncertain. i will go with what the commission feels. commissioner antonini: even if this item is heard today, we have mandatory dr's. we consider those just as we do any other dr. this case is stated in the paper work and we will certainly look at this, if we hear it today, in the same manner as we do any other dr. >> but if we hear it today, the requestor will not be here to present his side of things. i guess there is the possibility

that if it is just one week, we would postpone it to one week, have it on the front of the calendar. if he is not here, that is it. commissioner moore: do you have any words of wisdom for us on this one? any precedent? in case of family illness, often in the case of business -- this was presented a bit abruptly. >> it would be great to know, if we communicate with people, that there is a deadline in which they need to let us know. sometimes you have a situation where link electronics, inc. model number: pdr-885 software version: 3.0c is continued.

i do not know if we have a policy -- >> generally, staff does not give items until they reached an agreement, especially in dr. an agreement with both sides. from that point on, if something happens, an emergency -- we all have our emergencies. if something happens like that, a business situation occurs, this brings about the need for a continuance. the commission considered that. >> i did receive an itinerary. >> i personally do not believe a reason was given for the continuance. just that he would be out of town. now, that is up to you to decide whether or not you are going to except that or go forward.

generally, there needs to be a reason for you to go beyond what has been accepted. >> thank you. commissioner fong? commissioner fong: i am still in support of hearing the item. this project have been lingering since 1995, when the simple occurred. i feel like the dr could have at least send a representative or member today. i know that plans change, but an agent would have been helpful. staff is recommending moving this forward. it is a key project to san francisco, visually. >> commissioner sugaya? commissioner sugaya: i would just like some more detail on this in a letter arrived. when did it come? >> the first indication that i have from the requestor was 10

weeks ago. that was through a phone conversation, but it was not certain that he would not be able to attend. we moved it forward without certainty that you are not going to be here, we've been like to keep it on that hearing date. earlier this week, we received this e-mail that said he would not be able to attend. then i asked for some support documentation to support that. commissioner olague: and that is when you receive the itinerary? but no reason as to why -- >> i think the implied reason is he is away on business. commissioner olague: so two weeks ago that you provided the e-mail -- that he provided e- mail. commissioner borden? commissioner borden: i recognize that this has been going on a long time. i do not want to be

disrespectful. if it is just one week and the calendar can accommodate it. i feel terrible -- rather, for the overall process sake, potential other things that happen after the fact. it might be better for the project sponsor is the dr can present their case. it would be better to have them presents. i do think for the process purpose -- it does not mean that this person cannot and will not pursue other avenues after our decision, depending on what the decision is, but at the same time, i would like for us to -- if it is just one week on our calendar and it can accommodate it -- i do not know what is on the calendar. commissioner olague: we can go ahead and schedule it for the first part of the calendar. go ahead and do that. if the dr requestor is not here,

we are going to move ahead with that. commissioner borden: i do not mean to be disrespectful, -- commissioner olague: i had not realize that a few weeks ago he indicated that he may not be here. i think it makes sense to go ahead with this. we will put this at the front of the calendar and just do it. there is the possibility that a couple of items may be planning of the next week's calendar. so that being said,president ole my inclination. now. are you going to be here next week? >> we will be available next week, but i would like to point out to the commission there is another avenue. that is what the board of appeals is for. i would encourage you to respect the process and the people who follow the rules carefully and

diligently. in my opinion, this is inexcusable behavior. i am just telling you. we thought we were going to have this hearing in march. now it is made. it is almost six months since this was fog. this is very emotional, very trying for my clients. they are almost 80 years old. we want to get this done. get this done today. we implore you. >president olague: i would like to say that's i recognize and understand it. he did at least make an indication it was problematic. i am not saying staff was wrong. i am not suggesting that at all, but the first time we ever -- if the first time we had ever hurting thing was to buy days ago. -- heard anything was two days

ago. commissioner sugaya: the motion on the floor has been seconded. i move to continue to next week with items being on the regular and consent calendar. president olague: second period when people make these types of requests, i thought it was kind of interesting. it is not just something -- next week, we are going forward with or without them, the dr request. commissioner moore: i would just like to say that it is our obligation to trust into the integrity, that we understand

that, and i i can -- i hope that your clients will understand and bear with us for a week. a week is not that long periods -- is not that long. it underpins the process we have here. and we will make sure -- president olague: and we will make sure we put it burst. usually these are at the end of the calendar. >> it goes to the board of appeals, and that is a process where you need four out of five votes. which is a super majority. here the process is different and it only requires a majority. >> commissioners, the motion on the floor is for a continuance.

[roll call vote] >> the motion passes on a 4-2 vote. the item is continued for one of week. you are now on your consent calendar. there is only one item. there'll be no separate discussion of this item unless a member of the commission, the public, or staff requests, and which even the matter will be removed from the consent calendar and considered as a separate item at this or future hearing. 2010.1114c 41796 union street,

request for a conditional use authorization to allow the establishment of a small self- service restaurants within the union street neighborhood district. commissioners, following public comment, , this item is before you for your consideration. president olague: is there any public comment on this item? seeing none, public comment is closed. >> [unintelligible] commissioner antonini: second. commissioner antonini: aye commissioner sugaya: aye. president olague: aye. >> thank you. the item is approved. you're now at commissioners questions and matters. ecommissioner antonini: i

participated at a meeting last night at 2740 mission with representatives from polo camparo. supervisor campos was there as well. i think it was a productive meeting. people have a lot of questions about process, questions about differences between the categories of fast-food and retail. i think those are very useful to understand what is going on and what to expect. i want to thank everybody who participated. but also would like staff -- and there is no big rush on this -- if there is the ability to find out where the population density center of san francisco is, i

think it is interesting if we know geographically where the center of san francisco is, but in terms of population in the district, it is probably available. that has a bearing on some of the things we consider as to where the densest parts of the city are. you know. finally, i guess, i believe we are in receipt of something from mr. ionyn as far as the categories of food. i think that will be very helpful, because it sparked discussion last night and it is a little confusing. i mentioned it as being reconsidered and the categories will be a little less confusing. some of the things that were categorized as fast food might

not be categorized as fast food and vice versa. lastly, i read an article in the recent "marina times," and the author was supervisor farrell. it mentions that facebook had considered relocating to san francisco. i can check with him and others to find out more about this. it would be interesting to find out what sort of barriers might have existed to that decision and that could help us in our future decisions. i will get more information on that. commissioner moore: as commissioner antonini was talking about clarification of restaurant tabs, i would remind the commission that commissioner miguel was talking about retail

-- retail pharmacy, what ever. it encompasses all uses from food to pharmacy to our hardware to whatever. i think we need some guidance on that. president olague: yes, i think we had talked about that. getting a work item on those issues that relate to retail. commissioner antonini: you are asking for what the existing definitions are and what types of uses they encompass? commissioner moore: and why are we using types that we are not familiar with, i.e., retail, pharmacy, cvs, note there are others coming up with larger makes this -- mixes.

commissioner borden: i think if we were going to talk about that, what we want to understand is the impact on different types of retail. not every type of retail has the same kind of impact. i think if we were going to bring down the conversation, that would be the more interesting thing to have. obviously, if you have pharmaceuticals, maybe there is a different impact you have been a clothing store. i do not know. i am just throwing it out there. maybe there is not. i think if we're looking at ways to delineate the definition, we might want to look at what makes the difference. maybe it is the hours of operation. maybe it is the make waste they cause. i am not saying we need to change anything. i am just saying if we're going to look their retail, i think we

should look at how different types of retail within that clara -- classification impact and neighborhood differently. and if they don't, right? commissioner sugaya: just for the public's sake, we're talking about establishments like cvs pharmacy, walgreen's, which commissioner miguel voiced his opinion he did not know what they were. i think i know what they are, but maybe the code does not set that for work. i think that is where the commission is going, especially when we are talking about target, wal-mart, the larger establishments, and still have that makes -- mix. bigger than a department store.

you know what i mean. president olague: yes. [unintelligible] me and commissioner fong attended a brown bag lunch that was very well attended, and it is interesting, the results. in the conversation, the idea of manufacturing came up, according to the census at least -- a high percentage of those jobs from here in the city. at the same time, i think there is an effort to retain those jobs and that type of business here in the city. so, this is a non-profit called sf made, and at the end of the month, they are going to be touring some of these local factories and that sort of thing, breweries, people who

make garments and this kind of thing. that is the name of the group of people are interested. i think the june to july, we will be having a talk on local manufacturing. it is not something we should rule out on the talk about job creation and some of the other types of industry coming in. it seems to me there is still a lot of vibrancy and potential in manufacturing. commissioner borden? commissioner borden: your comments reminded me that in the paper it said the district that would experience the most growth would be too, forced, 6, 7, and 11. they have greater than the median norm of population growth. i was really surprised at four and seven.

we do not have a lot of projects on that side of the city. along with six, which we obviously knew about, and 10, which was somewhat knew about. there is more development than we have approved there. it will be interesting to look at the census numbers, to kind of see if there was any growth and development in these neighborhoods or if there was more big houses. it will be interesting to figure out why -- particularly 4, 7, and 11 had such a huge growth in their population numbers. president olague: there was a reduction in nine. a lot of families from nine. commissioner antonini: staff is just finishing this. the census data from my district.