has not been that long since this property went through a property transfer. why would the property lines have not been straightened out at that time and settled at that time? >> it would make a lot easier for us if it had been straightened out. the project that was done in 2003 was done by an owner prior to these owners. we did not own 1100 lombard at the time. i really cannot answer that question. president garcia: it seems odd that a property could be transferred without having well- defined property lines. >> i agree. >> anything further from the department? >> in the 2010 san francisco

building code, we have a local ordinance for going through a garage area. exiting on 2323 hyde could apply for that. we do have something there that lets people get through garages for exiting in certain time -- in certain conditions. president garcia: would they need a door or would they be able to use the door as it currently functions? >> i think you need a man door and a designated path. and some painted markings in the garage to make sure you exit through that. i have not inspected one, but i have seen it used before. it is a case-by-case basis. i just thought i would point that out. >> commissioners, the matter is

submitted. commissioner hillis: this sounds to me like it is the tip of the iceberg. we have a fire wall caused by a ceqa appeal and this permit being appealed to us. as commissioner garcia said in the past, it is good for people to get together and figure out the more complicated issues. as this gets farther along, the host of issues -- i guess this is getting the ball rolling. i did not hear anything necessarily to make me inclined to overrule the permit. i do have some concern about the flue and putting some language in about it being accommodated. this picture, it shows the flue.

this is the wall of the neighboring property or your wall? so there are options to rid it is hard to understand where this is or what the options are. we should put in some accommodation for that flue. president garcia: i think it is already an encroachment, right? >> the flue is an encroachment but we will work with them to figure out a way to vent what needs to be vented. if that means moving our wall back 4 inches to accommodate a rectangular flue or something like that, we will do it. if you want to condition the permit accordingly, of course we will work with that. commissioner fung: the -- it is

like the saying, if somebody wants to build a -- i better not say that. the questions that have been brought up, if you look at that main door that is being covered, it appears to be a door that had been added at some point. one of the windows does not show much detail to it. and one of the windows, perhaps the one stop in the notch in the building, the -- i see nothing that has been brought forth is

against this permit at this point. and i would rather not deal with the flue. it is on somebody else's property. i think it is up to them to work it out. perhaps the final solution to this, again, probably not here. commissioner hurtado: i think there would agree with that. i do not see any reason to overturn this permit at all. president garcia: nor do i. but i do wish we had the entire scope of the product in front of us rather than this piece. i do not really think this is a spite wall but part of a future project. i guess it is more about that easement than it is about the wall. at any rate, i moved that we all

hold the permit and deny the appeal. based on the fact that this wall is code complianct and no evidence was presented to cause us to overturn the permit. >> we have a motion from the president to deny this appeal, of all the permit on the basis that it is code compliance and no evidence was presented to cause the board to overturn. on that motion -- commissioner fung: aye. commissioner hillis: aye. commissioner hurtado: aye.

the vote is 4-0. this permit is upheld on that basis. thank you. >> san francisco recreation and parks department offers classes for the whole family. rec and parks has a class for everyone.

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have cleaned and washup. of.com great way to get out and play. for more information, visit sfrecpark.org. that out and play and get into the groove. rec and parks offers dance classes for seniors. first-time beginners or lifetime enthusiasts -- all are welcome. enjoy all types of music. latins also, country and western. it is a great way to exercise while having lots of fun. seniors learn basic moves and practice a variety of routines.

improve your posture, balance, and flexibility. it is easy. get up on your feet and step to the beat. senior dance class is from sf rec and park. a great way to get out and play. >> for more information, let meo turn off our self loans are anything that might make noise during the meeting. commissioner moore: here. commissioner sugaya: here. commissioner antonini: present. commissioner miguel: here. commissioner antonfong: here. commissioner wu: here. >> we have a full board.

first is items for a continuance. amendmen planning cut adding section 24 9.66 to establish the art and design at a level 118 street. the item is proposed for -- at 1111 8th street. related to bicycle parking requirements. case #20 11.0532t. compliance with the district -- item number four, 1266 9th avenue. continuance to april 19, 2012 i

am not aware of any other item on his calendar proposed for a continuance. >> any public comment on these items? commissioner antonini: i have a question. i will movies, but odd item number three, part of earlier legislation, we will get some new paperwork, i would assume? >> i asked staff about it and i don't know if they send anything back. >> we still have a couple of weeks before then. it will be nice to see. commissioner antonini: i will move items to the dates

specified. >> on the motion for a continuance, items one through four as they have been proposed on your calendar. [roll call vote [ ] thank you, commissioners, the items have been continued as the have been proposed the next category on calendar is the consent calendar. the item number five is considered to be routine and can be acted upon by a single roll call vote of this commission. there would be a separate discussion of this item unless a member of the commission requests, and then the matter can be removed from consent and considered as a separate item at this or a future hearing. item 5, case for 2199 market

street. a request for a conditional use authorization to convert the vacant commercial space into a formula retail use at the ground for that is doing business as verizon wireless in the upper market neighborhood. commissioners, i do have speaker cards on that item, so i will assume -- and the question is if you want to hear this. >> the first item of regular calendar. >> with that, we're at commissioners' questions and matters. commissioner sugaya: yes, i'd like to have staff or whoever consider bringing notification

when the department receives legislation from the board of supervisors for our consideration. that is not -- what i mean by that is that i assume that the clerk and the board transmits legislation to be considered by the board at date x. it is not brought to the commission until another date, y. i'd like to have a memo or something that says this piece of legislation has arrived at the department. >> i have to read that i am not real consistent with that, but we get referrals from the board on a regular basis. sometimes i do send them to you letting you know that miss rogers and her staff will follow

up with that legislation calling their analysis and review. and their recommendations to you. with your request, every time i get one, i will forward that to you. commissioner sugaya: i mean the ones that will eventually end up on our agenda, not just the inquiries that come from the board. >> we identify the ones that will be coming for you. commissioner miguel: miss rogers, isn't that in your weekly email report? >> planning department staff, i go through a verbal description of the ordinances. we do for the ones for our policy review to the commission secretary.

i can make sure that we will only get the ones that will be hurt for you. that will make it easier to afford the ones that will eventually be to you for hearing. commissioner sugaya: and you also send out an electronic version? >> that's right. hall so, we do a little bit. on friday afternoon, i send an electronic version. and do you not get back? >> i think he weighed back we can request it. >> let me open that up again, and if you would like to be put on this e-mail list, i can send you a summary of the actions, what happened at the land use committee, and also with new legislation introduced as well as legislation recently that

becomes effective. >> that would mean i don't need to follow-up. >> does the commission wants the full ordinance? the clerk does send the complete ordnance. there is a delay when my verbal report to you comes at this physical coffee from the clerk. it does come to us. >> it is an amazing report, you will enjoy it. commissioner sugaya: just to make sure that you identify the ones that will eventually end up under our consideration. >> you can check the summary and ask for more. commissioner sugaya: during the

past week, i met with people regarding the baker street project before us. and also at the request of president fong, taking his place at the civic design review committee. we just finished work on the two large bathrooms in the mission district. it is amazing, being specific buildings, it doesn't come to us. the arts commission is doing everything that the planning department would normally do

they do, i think, a relatively good job. i think a little more involved with the department would ease things along. we will work on that the next month or so. >> we can move on to the directors' report. the directors announcements. and review of the past week's and events. the >> in the interest of time i will pass on my report. >> good afternoon, again. it has been a busy week this week. we are quite happy with a number of things that have happened. the land use committee heard in the ordinance that will change the controls -- this ordinance began over a year ago with some modest changes to the controls

for video stores. when we told the commission about the ordinance, you encouraged the staff to gogol. unanimously recommended the downsizing the 13 different definitions. you also recommended allowing be limited rest ought to be permitted and incorporating some taylor controls for certain neighborhoods. since your recommendation, it has been sponsored by supervisor wiener, chu, and olague. the sponsors and the department have continued to provide outreach by circulating the exceptional video by our own staff, it currently has over 34,000 views. producing fact sheets in english and chinese, indicating

neighborhood meetings. he legislation has also received a great deal of press. the chronicle, huffington post, even the wall street journal. the chronicle also wrote in addition to their news story, an editorial with the new legislation. the ordinance now includes a consolidated section for the operating conditions there but eliminating the need to duplicate the operating conditions under each of these definitions. it also makes specific controls for north beach that would limit the potential for restaurants and bars to displace the neighborhood of serving sales and services. it makes formula retell on broadway prohibited and makes limited restaurants permitted perm community request. perhaps the biggest change is a change in the way the restaurants are entitled to serve liquor.

if a restaurant also serves liquor, it would need to be permitted as both a restaurant and as a bar use. in response from north beach, the ordinance has been amended to require that all restaurant serving liquor be bonafide, meaning they can prove that the majority of their sales come from the food portion. the land use entitlements will be made to better align with the definitions, but this would now allow us to title a restaurant with liquor sales solely as a restaurant. these changes were made in committee. at the full board of supervisors, they heard the extension. it was an extended period of time where the property owners operated without proper permits

and could submit applications and legalize their uses. when the commission heard the ordinance, you requested to modifications. she also extended the deadline the slightly longer, november 12, 2012. we also had discussed a number of articles, some of which were in direct. the director has responded with a letter to the editor. this week, the board passed an ordinance on first reading. the board heard the public art and a board president chiu. it would require project a into a fund, if they choose. this commission considered it on october 27 and the

recommendations that you made, they have all been incorporated in. you might be interested to know that the sponsors have further conducted of reach. it is amended not only to address your concerns but expressed the art requirement. the amendment would apply the requirements to non-residential project to the same threshold. that would not start until after january 1 of 2013 and applied to the downtown district as well as some of other districts. it would also apply to certain properties that in the eastern districts, but only north. it would also apply to the

properties except for executive part and all of the northeast. the past on first reading. last, conditional use authorization for 1111 california. the board unanimously upheld the expansion of this use. half of the board approved that, the labor group filed a lawsuit that resulted in a department meeting to do additional work. however, while completing the work for the expansion, they needed a new one to continue with their existing use this commissioned again approved the conditional use for the continuation of the use. while other concerns were

raised, the primary issue was the number of events that should be allowed in this place. i guess i can tell you there was an agreement reached by all parties prior to the hearing. to apply that agreement as part of the conditions of approval, they have officially issued anew conditional use for a lesser number of events. no new legislation. >> height of rubber if this is part of the rest rough stuff or not, but what happens to the existing conditional use? >> it would follow the same procedures for how we deal with when the law changes for other entitlements. as a restaurant ordnance becomes

law, it allows existing uses. if the commission or previous commission approved and applied conditions that were more restrictive, those would still apply. if you limited the powers or any other condition of approval, they would still be bound at the address. >> it involved limiting the square footage in a restaurant for a wine tasting or something. that would still apply, and if we restricted the number of sea, for example, it would still apply. >> if it was a specific condition more restrictive than the existing law, it would still apply. >> do they have to come back to the commission for another c.u.

or whatever? >> i should probably check with the zoning administrator and to get back to you. there are probably lots of them. commissioner miguel: i just wanted to comment on your report regarding -- i hadn't bothered to mention in commission remarks that prior to this time, the last couple of months, the association and some of its members, i had been in the process of going back and forth with the masonic to work out. david chiu also wanted to take a swing at it and then the