whether or not through the neighborhood planning process you could not craft something that would be different with respect to a conditional use type project that would be applicable in the area that might supersede the overall conditional use permitting process. >> just a reminder -- if it was another formula retail use, it would have to come back. but if it was not, it could run with the property. >> while i share the same concerns about a larger store giving unfair competition advantage to a smaller store, i think this is a perfect anchor tenant given its location.

it will serve that purpose, so i am in support of the project and the retailer. >> i think that clarification is important because not another formula retailer could take over and have this large space. if a locally owned business, presumably we you would want them to go into that space, and makes things much clearer for everyone. the major thing that concerned me in this case is the people who run the japan town center don't seem to always care about what the planning laws happen to be in the fact this building -- the merchant was allowed to expand into a space knowing what the conditional use was an the message i would like to send, i know it's not the first time we've had questionable actions in following city procedure but

i don't condone that. i don't think anyone on this commission contends that. the story is always absolutely insanely busy and it provides an opportunity which is important. you see that in other neighborhood commercial districts. they have anchor stores and a neighborhood commercial corridors. are stores that help to draw people from around the city to benefit the other businesses. but please be on notice that this cannot continue to happen. commissioner moore: commissioner borden has taken the words out of my mouth. we are always concerned when actions are taken that are indeed obviously against the code and by quickly supporting

this property and all of the reasons they have had to do so, i am concerned about having us do it for one but not the other. this is a serious issue particularly when it comes to a large operator and a landlord who should know the rules. this is not small town but a big town. did raise a number of questions and i believe it came a little bit too late. came this morning, too late for us to fully appreciated. >> not to keep repeating the same thing, but i would just like to add a little bit because this is not the second time something has taken place, not exactly the same, but we

have had stories before where one of the tenants was allowed to begin work at head of the permitting process and this does not so much to that tenant but to be ownership of the mall and that is where all of the fire is being directed at the moment. we have said that before but it did not seem to make much difference. commissioner antonini: an interesting question about running with the establishment location. that's a huge issue but the way it is now, that is what we have to deal with absent formula

retail and we have had a few instances where there have been questions about whether the particular outlet is in fact formula retail or not, sometimes being a subsidiary of a company that is a formula retail. there are gray areas here and there have been a community meetings and there is support and i think they have answered the questions that arose at the first hearing and i think it's time to move this one forward and be cognizant in the future of these issues. commissioner wu: i would like to second the motion. >> the motion on the floor is for approval on the motion. [roll-call] the motion passes unanimously. commissioners, you are now on item number 17.

western summit community plan rezoning of adjacent parcels and 358th street project. this is a public hearing on the draft environmental impact report. >> good afternoon. i'm with planning department staff. this is a hearing to receive comments on the draft environmental impact report for the western some luck community planned rezoning of adjacent

parcels. the historic preservation commission had its hearing on july 18 to formulate their comments. today's hearing is on the draft and not the plan itself and we asked the comments be focused on the draft. the public will have the opportunity to comment before the planning commission this fall prior to plan adoption. comments today should be directed to the adequacy and accuracy contained in the draft eir. comments will be responded to in writing. this document will respond to all verbal and written comments received and include provisions as appropriate. this is not a hearing to consider if the approval or disapproval of the plan. that will follow the final

certification. commager's should speak slowly and clearly said the court reporter can produce an accurate transcript. -- commoners should speak slowly and clearly and they should be property -- should be properly identified and sent a copy of the document when completed. after hearing comments from the general public, we will take any comment on the draft eir by the planning commission. the public comment began on june 20 and extends until 5:00 august 6, 2012. comment today should be directed to the adequacy and accuracy of the information contained in the draft eir as part of the process required by ceqa. we're not here to respond to questions. the document will respond to questions pre this concludes

the -- i respectfully suggest the public comment be open. president fong: we have several speaker cards here. i will call several names. [reading names] >> i am dawn holliday. i do want to take the upper 10 dave to thank the people who worked on this. it took them a lot of time and i would want to be paid like steve jobs to do this. the page i am referring to in the eir is section 4f, page 10. the accuracy of the map on 11th

street. the lack of the p.o.e. it is missing an entire block of designated p.o.e.'s. that is it. >> before we start if i could have everyone lined up to move to the other side of the room so you do not create a fire hazard. >> hi, i work at flynn's on 11th street, 333. my concern as it does not take the existing businesses into account and is not discuss the economic impact that new housing in westerns, will have on those businesses. we have nearly 50 employees and

there are small businesses that operate on the block. there are literally hundreds of jobs that are dependent on nightlife in the area. these jobs include artists, performing, security staff, kitchen staff a much senators, lighting engineers, and so on. they drive wages from the nightclub and activity on 11th street. placing housing next to hot -- nightclubs create conflict. a single labour cost our business hundreds of thousands of dollars. -- neighbor cost our business. these businesses are a large part of the tourist-drawn neighborhood and their economic report can be given a fair count in the draft dir. -- eir.

>> i am the executive director of the california music and culture association. we're a nonprofit that advocates for the entertainment and nightlife community. we're also very appreciative of of -- of the number of hours that have gone into this plan but we do have some concerns with inaccurate statements that we have found and identified in the er and we will urge you to amend the eir. the plan historically ignores nightlife venues and concerns about longstanding consequences on these venues including historically lgbt cultural sites that are not included in the eir, the eir fails to include and inaccurately categorizes and a number of venues especially along the 11th street corridor. we believe that if these venues

are not included in the environmental impact report we cannot fully realize the impact of this plan will have on them. in the few instances where they are mentioned, the eir barely touches on the cultural as that -- except when it suggests the displaced sites can be honored with a plaque. with all due respect, the destruction of nightlife in lgbt space to pave the way for condos, leaving a plaque to name the destroyed space is no way to honor and maintain cultural spaces in san francisco. we will be supporting in writing our comments and suggestions but we do urge you to take a look at it to amend the deir. thanks. >> commissioners, director. i am terence allen. i live on folsom street. i have two documents that will

assist in my presentation if the wizard of oz could put them on the screen. the first document is a listing of the missing and inaccurately defined entertainment venues throughout the plan and in the bordering neighborhoods. i also have a map, both of which will be submitted formally. the map correct the inaccuracies. this list of those items in yellow is where there is no listing. the items in green is where the listing is inaccurate or missing. when i say inaccurate, for example, the impact of a place of entertainment with and an extended hours permit is significantly different than the impact of a billiard parlor. many of the businesses that are listed as billiard parlors are

actually places of entertainment with extended hours premises license. or they do not exist at all on the map. so to adequately address those impacts when you do not have that information accurately represented is difficult at best. my second is a actual revision to the map which is labeled as figure f4 and it more accurately defines those businesses with their actual use and i will submit copies to the secretary and we will be submitting them with our formal report. the soma plan and eir very carefully analyzes and provides a buffer zones for the impacts

that residential enclaves may feel from the development interests that are being proposed. the businesses and the agglomeration of those businesses with in this western some of plan have no buffer zones. even though they are referred to in the eir, they do not exist. it is our belief that a buffer zone around a business is as important to this potential residents as the buffer zone along -- around the enclaves. thank you. >> president fong: i will call a couple of names. [reading names] >> i work at slim's on 11th

street and i am part of the task force that developed the western soma plan. i would like to speak to one aspect of that plan as it impacts 11th street. i joined the task force, -- as i joined the task force, we were in a conflict with some residential neighbors on 11th street and i brought up that we should not allow more residential building on 11th street. the way it is that is not possible. in shortt if you took a liberal democrat from san francisco, you can -- they can share a space with a religious republican from texas, but why would you want to do that? you know going in you will have

problems and if we can avoid that on 11th street, i think we should and now would be the time. thank you. >> mr. president, commissioners. i am an attorney in san francisco, i specialized in entertainment venues. 50% of every large entertainment venue that has built -- been built in the last five years i have had something to do with. i am concerned about this plan and certain aspects. it is a good plan but 11th street mixing of new commercial condos and slims and dna lounge will destroy all those the news. half of my practice and people ask me what i do, immediate the neighbors, i go to hearings and it is all about neighbors coming in and complaining about existing venues. i was involved with the slim's

situation, before they let that be built as live-work, they signed a notice of special restrictions. it is on the day that tells them they are moving into a 24 hour day commercial zone with nightclubs and living next door to a blacksmith's shop. that same buildings has complaint against dna and slim's and has cost the client over $100,000. we need a buffer zone for entertainment. thank you for helping with that. >> good afternoon, commissioners. i live at 989 cap street. i am worried the draft eir

discounts lgbt spaces in western soma. many are bars and clubs that have not been accounted for. the clear community has lost many bars and clubs in this area and people in this community look to these places as a safe haven and they are extremely important. even though the report does not mention them based exist and need to be counted. thank you. >> hello, commissioners. i am here representing the entertainment commission. when we set up a special group to look at the eir and impacts on entertainment and the neighborhood, we have three complaints that we would like to bring before you that were not addressed in the eir. i will not reiterate 11th

street which you have heard but we do support many of the ideas and we will submit that to you in writing. the other one is the accessory entertainment as addressed in the eir. this was produced before there was limited live performance introduced to san francisco through mirkarimi's office at that time. it takes a citywide ordinance and restricted even further, even though the entire city has adopted this, the limited live performance. even when another neighborhood close to west soma tried to stop limited live performance which only goes until 10:00 p.m., it is not amplified and has certain restrictions on it that make it compatible with a neighbor heard, there were not allowed to remove themselves. this western soma plan in the eir goes against accepting

limited live performance that is extended throughout the city. also as far as we're entertainment will be permitted, we believe that in the area that the neighborhood will allow entertainment, the eir did not address areas where there are no places that are actually able to house entertainment at this time and very, very few whiteley, there are two or three spaces that what be available -- that would be available for entertainment. the estimated cost several million -- is several million. if we are trying to preserve entertainment and the culture of this neighborhood, we find those three points in the er to not agree and since i made it through, i have a letter here from tom temprano who will address you in writing. he is on the stabilization fund

advisory committee. he expresses serious concerns that this does not address the cultural impact and will have an existing impact. western soma has a history that the eir acknowledges but does little to protect. thank you. president fong: thank you. >> i come to you as a musician and supporter of nightlife in the city. i want to emphasize how much these clubs mean in terms of a cultural hub for san francisco. i think that this report does a great deal of the ignoring of the nightlife venues and this

could be detrimental in the future to having a place for musicians to rally in the city. thank you. president fong: thank you. >> i realize the draft of the eir does not take much consideration of my life in the neighborhood and as nightlife businesses -- those mean a lot to san francisco. i am west -- concerned that the plan will have an impact to the historic entertainment venues in the area. this area has already lost a lot of nightlife venues and i wish to see the night life in this area at all life. thank you. president fong: thank you. is there any more public comment?

>> good afternoon, commissioners. the reason the eir is listed as to give the information important to making your decisions and i want to address to aspects of the deir that do not do enough. the democratic discussion is incredibly superficial. all it presents is a curse -- cursory information. the 2000 and 2010 census data is readily available and could easily have been and needs to be incorporated in the eir. attached is two pages, we did a quick and dirty table based on the census tracts in the

adjacent areas. your staff aides to refine that to match the boundaries if possible. the population has increased by 50% in the area. the eir needs to project also what kind of increase in population we should expect in the coming 10 years at least in 20 years if they rezoning is adopted. we expect more. the demographic data is important. the one thing not available today from the senses is the household income data which is crucial because that is how we measure gentrification's impact on our neighborhood. this is one of the fundamental issues of this whole process. that data should be available by the end of the year by -- before the er is certified by the board of supervisors and it should be incorporated by reference and added when it becomes available next year. the second thing that -- it is

good to see the health department approached the health call the adopted in this plan and the eir. the discussion is so technical, it is impenetrable. you could not learn from that discussion that prevailing winds in san francisco, from the west and northwest. you would not learn specifically how great a contribution and the i-80 freeway in the south of market contributes to air quality impact although it is mentioned. it is not really detail. you would not see in plain language that the impact downwind from the highway are severe. the modelling is general, it is not location all. you have to read it yourself to see if you can understand it. the bottom line is the area of south of market where we proposed and that is -- i was on the task force, that has among

the worst air in san francisco because of these factors and very possibly the very worst air quality in san francisco. it is not a good place for housing. housing should be ruled out not just because of the commercial strategy but for public health issues as well as a mitigation measure. our plan does propose that. thank you. president fong: thank you. >> hello, i appreciate the opportunity to address you. i have been a member of the western soma citizens planning task force. most of my concerns are with components that are not present within it rather than objections to what is there. you have heard quite a bit in concerns to resolutions regarding entertainment, the displacement and compatibility of housing and existing usages for that, so that is an area i hope can be redressed and studied more in the final

version of this. most of the concerns are long 11th street and there are also some along folsom street. we have heard about the -- selected implementation of limited live performance. we would like to see that more are in the plan. allowing -- it is restricted in most areas of soma that it should be allowed in. there should be acknowledgment of the shifting population. soma has a rich and vibrant history in supporting the arts. property has been historically cheaper and we have our commercial spaces that were adopted by many of these groups to do group housing, presentation space, and performance space. my predecessor on the task force was displaced after joining -- our