would like to request that construction be denied. they don't have the permit to operate the cannabis marijuana in the facility and it would make sense for them to start construction when they have the permit to operate the facilitate, i live right next door, i hear hammering even on saturdays and sundays, i'm resting in my building and they can start construction when they have their permit, that's my request. >> thank you, is there any other public comment. then we will move into rebuttal, starting with the appellant, mr. chow.

>> board members, i really don't have much to add except that we understand the interior and the exterior that i do request that to wait until the exterior comes out and combine it together to reschedule, i make the reschedule request, but mr. kevin read disagreed and the board decided to go through these hearings and whatever the outcome it is, i'm sure that once the exterior permit comes out, that the people of the neighborhood probably will make their right to act. so, i'm not quite sure if i want to continue on the

arguments that is definite for the mcd themselves, so that's mine. >> thank you. >> good evening, board members, i guess i would like to extend the olive branch to everybody who came out here tonight, you have many patients representing the green cross and you have many concerned members of the neighborhood, i assure you that mr. read has been diligently paying attention to all of the concerns expressed by folks would were opposed to the mcd in that neighborhood and i can assure you that mr. read will do everything in his power to demonstrate to the neighbors that all these will be taken care of, i want to address two issues, there's been contentions that there's been construction going on for which there is ant permit to allow

for that construction, that's entirely unfounded. there was a complaint made to that fact that the building department my understanding has inspected that contention and determined it was completely unfounded so there is no construction going on outside of the necessary permits, but there was also various contentions about the smell of smoke and various concerns about people not wanting their children or themselves to smell marijuana smoke. the green cross if it does get the permits will not allow ~&% iyfñn>oç,nxwhhr=site of tha facility at all, so i want to a ensure the neighbors in that community that there will be no smoking of marijuana at the green cross when it does ultimately own their doors. >> thank you. is there any other departmental comments? okay, commissioners, the matter is submitted. er >> i'm going to move to deny the appeal on the basis that

there's been no supporting everyday on this permit for me to deem it unwarranted. >> i think we're ready for a vote. >> can you call the roll. >> we have a motion from the president to deny the appeal and uphold this permit. i believe president hwang, you said on the basis that there was no supporting evidence related to this, the permit before the board. >> that's correct. >> on that motion to deny the appeal and uphold the permit on that basis, the vice-president is absent, commissioner hurtado? >> aye.

>> commissioner lazarus? >> aye. >> thank you, the vote is 3-0, this permit is upheld on that basis. >> so, item number 8 has been continued to october 24th and there's no further business.

>> i'd like to welcome everyone to san francisco's planning commission regular meeting for thursday, september 13, 2012. i'd like to remind everyone that the commission does not tolerate disruption or outburst of in he kind, speaking out of order. turn off any mobile devices and when speaking speak directly into the microphone and state

your name for the record. at this time, i'd like to call roll. commission president fong, here. commission wu, here. commissioner ante, here, commissioner moore, here. commissioner sugaya, here. >> first are items considered proposed for continuous, item 1 proposed for september 20. item 2 at 2750 jackson street request for conditional use authorization is poapped for continuous to september 20, 2012. item 3, case 2012822c for 1863 post street request for conditional use authorization is proposed to continuous to

october 25. your calendar states september 20. staff has advised october 25 is the new proposal date. item 4, case no. 2012.08 did 2, request for descreption review is proposed for continuance to october 25, 2012. further on your calendars, commissioner, under your regular calendar, item 13 for case 20111050dd at 2807 is being proposed to continuous for september 20 in order to allow for a settlement. and that is i have. >> president fong: is there any public comment on the items proposed for continuance? seeing none, commissioner antonini. >> commissioner antonini: move to continue items 1, 2, 3, 4 --

1, 2, and 4 to the dates on the calendar but 3 will be to october 25, 2012. then, also, item 13 to september 20, 2012. >> second. >> president fong: on that motion, commission i can't, aye, commission bored en, eye. commission lilis, eye. commissioner moore, eye, commissioner fong, aye. that passes unanimously. which places you under the consent calendar, considered to be routine by the planning commission and will be acted upon by a single roll call vote of the commission. there will be no separate discussion of these items unless a member of the commission or staff makes such a request in which it will be considered as a separate item at this or a

future item. case no. 5 at 1098 harrison street request for office development authorize. item 6, at 1195 eefns avenue request for conditional use authorization. items 7(a) and b, for case -- at 180 jones street, 181 turk street request for amend to conditions of apreschool for conditional use authorization in planning code section 161(h), 253 and 303. also requesting a three year time extension for the variances granted. that is all i have under the consent calendar. >> president fong: thank you. is there any public comment on items on the consent calendar? commissioner borden.

>> commissioner borden: i move to approve the items on consent. >> second. >> president fong: on the motion for approval, commission i can't, aye. commissioner borden, eye. commissioner hillis, eye. commissioner moore. commission wu, eye. commissioner president fong, aye. that pass says unanimously and places you under commissioners questions and matters. excuse me. >> very briefly, i am also inclined to grant the variance for this matter. this extension modification does appear to be consistent with the required findings for variance, and we will be issuing a variance decision letter shortly which will bring with it a 10 day window to the board of appeals. if anyone would like a copy of that letter provide that to the commission secretary. as a matter of house ceerption we would close the public hearing on the variance as well.

thank you. >> thank you. commissioners questions and matters, item 8, commission comments and questions. >> president fong: commissioner antonini. >> commissioner antonini: thank you. yesterday, the joint subcommittee of historical preservation and planning met, and discussed an issue regarding clarification of the position, which can't talk about the details of, but we did have commentary from some of the members of department of human resources, and discussion will be response from them. this was a -- the meeting was held in response to their earlier correspondence with us. and now they will reconsider, and respond to us in another week in writing, in regards to this meeting and other things they've considered. and then on the next meeting of

the subcommittee will occur on tuesday, september 27. commissioner moore -- commissioners moore and borden were in attendance, if they have any comments in regards to the meeting. in addition to what i had said. >> i will just say that as a consequence, just so people -- the public knows, we have not noticed the position yet for the commission secretary. so we are working with the department of human resources to get closure on the process that we're going through so that we can actually post the position and hopefully people will find a replacement for the year end. >> thank you. i did have one other item and that is in regards to mention, in the press about proposal that is come to the board of supervisors. one would assume it will also be heard in our hearings. and that is proposal by

supervisor wiener and jointly proposed by board president david chiu that would allow projects in the the future to have car share units that would not be counted against their allowed residential parking ratio. and i think this is a great idea. because it allows the best of two worlds, and makes projects more viable. anyway we'll see which direction this goes in, but i was happy to hear about that, and i think it's really going to help to encourage the provision of more car share spaces and projects that may come before us. >> commissioner sugaya. >> commissioner sugaya: as the search -- not search, but the process to find a new secretary has sort of dragged on a bit, do we know linda's current plans? >> commission secretary said yesterday that even though her

date to retire was technically this friday that she's currently extended to awct october 31 buti don't know what her position is beyond that point. >> thank you. >> president fong: commissioner moore. >> commissioner moore: it is fair to say she has been supportive of the process and has taken stewardship leading us to find the right person and create the transition by which this will occur in a smooth and kind of good way. >> president fong: thank you. next item please. >> commissioners it places you under the director's report. item 9, director's announcements. >> good afternoon, commissioners. actually, don't have much to report today except to tell you i'll be out of the office for a few days for a family gathering from tomorrow 'til next wednesday an bill wieko will be in charge of the department in my absence. >> item so review of past events

near board of supervisors, board of appeals and historic preservation. >> ms. rodgers. there are a few items to report. at land use one item was update to the transportation impact demand fee. this is an ordinance you heard on july 19 of this year. at that time you recommended approval of the ordinance with several modifications, including you wanted to add policy credits for non-formula retail small businesses and maximum amount of parking and those projects would get policy credits up to 100 percent of the fee. you recommended implementing a grandfather rg period for certain projects not current to the fee but would be with the proposed changes. and you also recommended retaining the five year timeframe for inact uses and providing sfnga with an avenue for appeal question authority.

mayor lee introduced substitute legislation which included all of your recommendation. this also claird the -- mta would enforce tdif in -- where dbi may have missed the collection period. this week the land use committee heard from the small business commission and sfmta in support of the ordinance as representative of the pdr uses and it was recommended approval to the board. the other item at committee was the car wash ordinance. this was supervisor olague's proposal that would allow existing gas stations along 19th avenue of a certain size to add the automated car washes. you voted to recommend approval with some modifications. and you recommended modification on this one was that it be amended to ensure that a lot merger or lot assembly was not included with the project.

supervisor olague did not include this modification. she felt it was sufficient to ensure that car washes were compatible with the character of the neighborhood. land use recommended approval of the ordinance as drafted. then there was one item, the chinese hospital, which we told you about last week. that was on second reading so it did finally pass through the board approval this week for the last reading. there are several new ordinances that i'll mention to you. and all the planning code amendments will come before this body for a hearing upon the first is upper market zoning map amendment and it would make some clarifications to the boundaries for the upper market nct. the second is the car share commissioner antonini mentioned, that was introduced by supervisor wiener as is the upper market ordinance. there was also a hearing request

by supervisor wiener on the urban forest plan maintenance and funding. he called for a hearing from various agencies, including department of public works, rec and park department and our planning department to discuss the condition of city street trees and parks including plan for maintenance, and also the urban forest master plan that our department is working on. so this will be heard by government audit and oversight committee in the next few months. and that concludes the board report, unless there are any questions. >> president fong: commissioner antonini. >> commissioner antonini: thanks for your report. i guess the last item that was introduced by supervisor wiener regarding forest station, i would assume that also takes into account areas of the city where there are large forested areas and there's always been -- it may have more to do with the rose issue, but their discussion as to what sort of plants or

trees would remain, and what plants would be removed. and i know this has been an issue that's been controversial in a number of neighborhoods who like their forest, but, you know -- so i think it's worthy to -- for discussion in the future. >> there's -- i think the issue you're talking about is the native plants versus the planted trees. >> commissioner antonini: whatever native plants are. i don't remember seeing too many in early pictures of san francisco but there may have been something there. >> that wasn't within called out as part of that hearing but we will be there to represent. thank you. >> commissioners, two items that may be of interest to you from the board of appeals hearing last night. first the beach chalet project. this was a rehearing request for the board upholding of your granting of a coastal permit for the beach atlanti athletic fiel.

new information became available that could have influenced the board's decision-making. appellant provided further arguments with respect to the eir. the department did note the -- in question presented to the board. the previous hearing the board conducted and the appellant never requested a continuance or rescheduling for additional time for review. the board voted unanimous will you to deny the hearing request. the second and final item before the board that may be of interest to you was 4218 mission street. this was a building permit an appeal of a building permit for soft demo. there was no change of use involved. the reason this address may be familiar to you is because this is the proposed future site of the green cross, which is a

medical cannabis dispensary. this was approved by you in february of this year, commissioners. however, the permit that would change the use is still under review by other city agencies, and has not yet been issued. the department did note that the permit on appeal, the soft demo permit does not itself change the use of the property to an mcd. however, the appellant did continue with extensive arguments as to why an ncd nonetheless should be located at this property. after several hours of public comment both in favor and opposition to the mcd itself the board vote to deny the appeal and approve the permitted because the permit department authorize an ncd. appellant did indicate that he will file an appeal on the ncd permit itself when and if it is issued by the city. commissioners, thank you. >> there was no historic

preservation commission hearing yesterday. and will put you under general public comment section of your agenda. at this time members of the public may address the commission on items of interest to the public that are within the jurisdiction of the commission except agenda items. with respect to agenda items your opportunity to address the commission will be afforded when the item is reached in the meeting. each member of the public may address the commission for up to three minutes. there is a 15 minute maximum for this part of the agenda. i have no it speaker cards. >> president fong: is there any financial publiany general ? okay. come on up. >> hi, commissioners. i was here last -- >> president fong: could you state your name for the record. >> christy -- regarding 611 bena

vista west. i was just asking for clarification, because i have -- what was agreed upon was a setback for the third floor. and it was drawn on a greatly reduced plan, and then they said five feet, but it's not really five feet, according to a actual plan. so i don't know if there's any way to double check the distance. so this is -- so that's what the architect actually drew. and then said it was five feet. so it could actually be right from the corner or a little bit back from the turret. and then this is just a picture of the actual distance. so it's re than five feet.

but i don't have -- we measured it, but you'd probably want a specialist to measure it. so i don't know what the procedure is for that. that's what i wanted to mention. there's a discrepancy in the actual distance. >> director. >> staff can follow up on the details, but i think my recollection was that the commission's request was to take that line across. there wasn't a specified distance, necessarily, but it was to take off from that corner of that -- of the adjacent property, whatever that distance might be. >> okay. because tom lang -- he suggested to come here. and he said that in the -- we don't have the actual decision, but he said it was five feet. >> we'll have staff follow up with you on that. thank you. >> thanks very much. >> that was on the third floor only not on the existing ground floor building. right. correct. any other public comment?

general public comment. >> commissioners, that will place you under your regular calendar, item 11, better market street informational presentation. >> president fong, commissioners, thank you very much for the opportunity to present to you the better -- city project. i am neel rashodi. before i introduce -- dpw, the project manager for better market street, i'd like to give you some background on planning's role on this project. planning department is the urban design lead for the better

market street project. that means we are responsible for ensuring market street is designed to provide an active, attractive, diverse, safe and intriguing public ground this includes the pedestrian realm, sidewalks and plazas, but also extends to the experience of transit riders as they walk on it and fro, the introduction of cycling, and comfort and convenience of pedestrian as they cross the street. we also manage the team of urban design consultants on the project and this includes gayle architects from denmark and cng landscape architects here in san francisco. market street has always been the center of san francisco. it is our grand street. the current sign reflects the need of a city that changed substantially over the last 30, 40 years. now we're transit first. our do you wanour downtown has d

within the next 20 years it will change. new districts will offer new life for the downtown. to the south, yerba buena has come into its own. the transit center on rincon hill projects will shift the center of downtown south and provide new regional connections. an essential corridor will create a new center of activity. to the yoorth union square thrives, powell street, chinatown, and the feeder district are a few blocks away. to the west emerging technology hub around the historic furniture mart, new shopping mall, strand theater will transform that end of market street in the coming years. at the center of it all lies market street. all this change since the last

design. this requires new creative thinking for how market street should be designed. it will always be the heart of our city, but new exciting opportunities exist to think about our public realm in a more expansive way and opportunities to begin building a more robust transit system that will better meet our goals of a transit first city. with that i'd like to introduce chris -- from dpw to present the new material. thanks very much. >> thank you, neil. president fopg, commissioners, thank you for having me here today, chris upbrick for the better market street project. i'd like to give you an overview of the better market street project and where the project is now and where we're looking to go. it's a little tough to read the slide.