federal lobs makes it illegal to distribute or possess marijuana. the city at issue with long beach -- the court of appeals addressed the permitting scheme in long beach and the city could limit where medical campus dispensaries are located but could not permit the dispensary from either the authorizing ordnance or this scheme. and this decision is different from the other californian ports and how they address this question, no other published california description as addressed the local permitting requirements as part of the regulation for these dispensaries. several jurisdictions in california are concerned that long beach has appealed this decision to the california supreme court.

we expect the court of appeals decision would have no effect on the supreme court and their review. if they do not grant review, we will work with the city to conform with the court of appeals decision. we recommend that this city now may get a permit decisions until makes a decision about whether to review the case. we recommend -- recommended on january 26, it may be necessary to continue this another time. that is why we are recommending the continuance until we know if they will review this decision.

-- >> i move that the continuance should go to the date specified by the secretary. the final dates -- >> this is seconded. -- >> on the motion to continue item one until february 9, item 2 to january 19 time --, item four until december 15, and items 1314 and 15 to january 26, 2012. antonini? fong? moore? olague? the items are continued. you are now on the consent calendar -- >> should we be keeping these or will we get new materials -- >> --

>> you are now on the consent calendar. item #5 in the consent calendar is considered to be routine and will be decided upon by a single roll call vote. there will be no separate discussion and thus a member of the commission discusses -- and then this will be removed from the consent calendar at this and future hearings. item #5498 west portal avenue is a conditional use authorization for a new wireless television -- telephone service, located on the rooftop of a financial services building. this is a commercial structure within a minute -- individual neighborhood commercial district.

this is part of the wireless communications network. following any public comment that would remove this from the consent calendar, this item is on that hands. -- >> is there any public comment on this item? public comment is closed. -- >> i moved to approve. -- >> on the motion for -- motion for approval -- >> thank you, commissioners. the item has been approved. you are now at item number six, consideration of the adoption of the meeting's minutes, following any corrections you may have an public comment, we would ask that you adopt the draft

minutes. -- >> and is there any public comment? public comment is closed. -- >> i moved to approve the draft minutes. the motion to approve this draft minutes -- miguel? olague? are there any other commissioner matters? >> the other night i was fortunate enough to attend the opening of an exhibition which is that the legion of honor. they had an incredible sculpture that had never come out of italy until recently and we are fortunate enough to beat one of the two american cities where this will be displayed. if you have not seen this you would be well to go and see this.

he did a lot of other things, and was an architect -- and a lot of other beautiful things. but i think what we can learn is how great the architecture and sculpture and the design was during the renaissance and for a long time -- we can learn some lessons and not be critical of modern architecture, if they can do those things with chisels, centuries ago we should be able to create beautiful things in this era as well. hopefully, we can continue to move forward and see that we are supportive of the arts and also supportive of moving the city into another renaissance. we have this in the early part of the 20th-century.

>> some interesting things this week. there is a temporary stay on the street boxes. this is by a superior court, this was before us with the informational while ago. i saw a presentation regarding a project that will be coming to us in the future. 134 housing units, they have had this for many years and the presentation of the project that is going up on third street, i

attended the chinatown broadway design workshop, in chinatown last afternoon. it was fairly well attended. the department did an excellent job. the mandarin and also the english. this is the design of the last three major box is coming out of the tunnel and this looks very good. this will be an improvement in my estimation. this is on fulton street, and the interesting article, i referenced that this morning. the san francisco rental market, this is at the most crowded.

this is since 1999. this is 3.2%, and then the cost of rental is up 9% in san francisco. the projects that come before this commission, the pipeline will speed itself up, there was a court decision and i don't have all the details on this. this is on the washington street projects. there was a legal action filed against this. this was very interesting with the communication, he was working through some records.

the san francisco planning code, this was 12 pages. we have three volumes. by 1957 this was up to 60 pages. 42 pages in 1950, by 1974 this was 134 pages. i don't have the count, presently, but this is into the many thousands of pages. this is just amazing when you look at history and how the city has changed and put things into their coats. and when i talk to people in other areas, we're cutting down

more trees to put in coats than any city in the country. >> it came to my attention that the city passed a very interesting and support of ordnance to keep people from being evicted in the course of foreclosure. this is the first one in california, and the first one in the country. at a time when cities have to deal with homelessness, this was very proactive and positive. this was by the city of merced. >> january 26 is when we will schedule the hearing, i want to

make certain that this communication was made clear. if this is convenient -- otherwise we will have to move this over to february. some members of the african- american community, we're waiting for borden to return from her leave, and a hearing on the movement of african- americans. we will schedule this for february. we want this to coincide with that. commissioner sugaya: the latest issue of san francisco is carrying an article on the new condominium development. this is interesting but it seems to imply that things are looking up a little bit.

the foot of howard st., and there is the existing garage. in terms of the commission schedule for the rest of the year, do we have to dip below early meetings. >> we have added one. >> the way that this is currently scheduled, december 8 -- we are looking at 10:00 for special hearings. >> if i may, by the end of the year, i would like to go down th hearing of this year. we have put together a draft but we have not distributed this. we have not consider the

schedule for this year. i do believe there is a member of the public like to comment on the future hearings. >> good afternoon. the golden gate park alliance -- we are looking for an additional requests for extensions to the public, at for this, the neighborhood council and part of the neighborhood. golden gate park along step everyone but this project will impact this neighborhood the most. i will speak to the next hearing, and that is why i am up at this time. we held a hearing on the athletics and due to the large crowd, the speakers were given only one minute to speak. the commission was left about 10 minutes to discuss their own comments.

there is a it -- an official at reach list, to testify. there was no mention of the eir issue. the department says that despite any deficiencies, and there are many, they are in favor of this project. the parks and recreation -- but they were looking to influence the local election. and parks and recreation, they were going to cancel the commonwealth club council on these issues. they tried to change the makeup of the panel and the content of the discussion.

this has led to rulings of the sunshine task force, for parks and recreation, and therefore, through the december 1 hearing, we ask for a time for intelligent public comment. we will make certain that you yourself have adequate time for your own concerns. we look forward to hearing your comments and we know that you will review this carefully. working to restore the historic integrity of golden gate park. both for today and for future generations of the people of san francisco. request an extension of the public comments. >> and is there any additional public comment? >> we were going to calendar that item to discuss the

extension of the comments, and we will discuss that on that day. during the hearing, we never shortened the public comments. everyone will have three minutes. this is as usual. >> thank you. we can move on to the director'' report. and a review of the past week's events. and the historic preservation commission. >> i just want to report on the zoning conference in new york. this was unusually good. basically, this was to give ideas to new york city, and get along with the zoning changes. the city is growing at an incredible pace.

with 200,000 residents. the growth in new york is almost unprecedented. this is expected to be about 9 million soon. this was a very interesting topic because they looked at the zoning with speakers from the city, and in the afternoon they had speakers from other cities, washington and london, to talk about the future changes. this was very well organized and i was happy part of the discussion. with commissioner miguel and his comments about rental housing, we see -- the way that we are saying this is actual -- the actual project will move forward in the discussion, the largest of which is the project, with the crescent heights development, which started

construction a couple of weeks ago. this is a very large project. behind that, there is the affordable housing that they are also moving ahead with. and this is also -- the market being that tide is actually allowing for these projects. i would just like to remind the commissioners that in light of the thanksgiving holidays will be closed on wednesday, thursday and friday. the office will be closed for three days next week. commissioner antonini: with your comments in regard to the growth in new york city, was this distributed evenly or was there a concentration of growth, more than others? >> the growth in new york is

always in manhattan. in brooklyn and queens and along the riverfront, where there has been vacant industrial property for many years. the planning department of new york has undergone a major rezoning, so they have actually been looking at the industrial properties on the waterfront. these have been vacant for 30 or 40 years, not unlike the other place is here. -- places here. >> thank you. >> there is no report from the board of supervisors but the board of appeals considered a couple of items, the first is the legislative affairs staff presented a report on the legislation as it was reported

that the supervisor heard a couple of months ago and will be hearing next month. this is similar to what was done a couple of years ago. the second is a violation of the penalty, this is the appeal of the violation because they failed to continue with the violations of approval. the project -- they did not require the units, so they raise some issues in the brief, with the board of appeals for these allegations. the board was very persuasive, -- very persuaded by the testimony, with penalty 5-0.

and the board of appeals. there was a decision letter that many members of the commission may remember. the top four may be removed and we suggested that they replace this to the rear. we have hearings on this over the summer and i had hoped that this decision would satisfy all parties, if we would modify and the appeal was modified by the neighbor. this was by the board of appeals in january. that is everything. -- >> the preservation commission that today, with a few items. the architectural committee

heard about this and they were impressed with the modifications that were made based on the prior suggestions. and one of these commissioners thought that this was sufficient, and that the project did not need to be modified any further. they did not believe the further modifications, that there would be a setback, that would bring light to the smallest window. they acknowledged that this is just a suggestion and there were the modifications that would be made. and also, they did hear this --

with the athletic reservations, and it was a very tight hearing. they had a couple of hours to cut the testimony down to one minute per person, and there were left with about eight minutes to deliberate. they take the room had a specific time. you get to stay in the room until you finish your hearing. and day -- this was mixed. there was the comment in the letter format. the last item, they took up the modifications, for the supervisor weiner.

there were very upset that the supervisor said modifications and suggestions, to appear before the commission. he was concerned that he was ready to table the whole thing until the need to come before him and make his case. they heard these modifications, and some of them were acceptable and some were not. and they have drafted their comments before you consider those modifications. that will conclude my report. >> commissioners, with that, we can move into the 15 minutes public comment. and we can discuss the commission. each member of the public can

address you, keeping in mind that the category is only 15 minutes and they may not address you on items that are not on the calendar. with that -- >> somebody did >> someone did not write in a name. the general public comment relates to items that are not on today's calendar. >> i am a student at san francisco state university. this is based on your policies and what you can do towards future projects. i would like to suggest that

this takes into account the project to be approved under your jurisdiction. we would like to see any remaining wildlife habitat remain in tact. entire ecosystems have been destroyed. san francisco was once the site of diverse wetlands that provide services such as flood control, water purification. it is our responsibility to share that we protect as much wildlife habitat as possible and we should work to ensure that the public park and recreational areas are not threatened or removed. these enhance the city with

beauty and also recreational opportunities. the committee support projects has sustainable projects. this is an environmentally sustainable san francisco. >> it is there additional public comment? >> i was hoping to be here for the early special meeting. i was going to talk about the academy of art. this is very frustrating.

you have done a lot in the last few months. you talk about the student housing and the definition of student housing. this is the student definition that your house and came down on. you passed exceptions when you had student housing. you had a number of recent enforcement actions but i think the real opportunities as the commissioner said earlier will come with the eir and conditional use discussions. i think there are three fundamental problems we are trying to deal with. we have an institution that sees the entire city as its campus