we support our neighborhood association in pushing for that. but of course if there are other ways to strike a balance. and it seems like city control of 100 feet. maybe it's too arbitrary or needs to be another number, but we would be willing to find a way to strike the balance. >> commissioner wu. >> yes, i am supportive of the motion as it stands. this idea of the buffere bufferk that the department is to prevent the situation where we have an out-right ban and has to come back in five or 10 years. maybe a sunset could be okay, it could be explored. but if you have an out-right ban and a liquor license. it's worth so much. immediately you making that because of transferability. i don't want to give that to the current operators who many of them seem like they are not

really behaving appropriately. i do support the ban within 100 feet and the fee. >> commissioner. >> the representatives and represents of supervisor chiu, a three-year sunset and after the three years it has to come back to the planning commission whether reinstated or lifted. >> i think if you do that, you ask for a report or something. >> there would have to be a report. >> there would have to be something tangible to decide. >> the neighbors will react to that. >> right, but i think it would be useful to identify the blocks or lots or the bad actors; right. let's be honest. that's what people really want. >> i think it keeps the dialogue alive. and the new operators and the old operators know in three

years there a look-back and evaluated. would that be okay with the seconder? >> okay. >> three year sunset. >> okay. >> commissioners, on that motion for additional -- excuse me, to adopt a resolution recommending approval with the modifications that additional emphasis on enforcement be included. a prohibition on new bars located within 100 feet of another existing bar. that new bars outside of 100 feet would require a conditional use authorization. and new restaurants would require a conditional use authorization. that the 12 a.m. limit be

restricted but restaurants are required to continue food service until closing and removing the tobacco component with the three year sunset returning to the planning commission. >> and we have the three year abandonment. >> and the three-year abandonme abandonment. >> is that everything? >> i have a restaurant question, if a restaurant under this legislation comes through c.u., don't we still have the discretion to dictate the closing time? >> yes. >> so we could decide to close at 12. >> yes we could do that. >> on that motion. antonini. aye. >> wu. >> aye. >> fong. >> aye. >> so moved. commissioners that motion passes unanimously. commissioners under item 11, for

case 2.055 u for 2001 market street. >> good afternoon, adam omara from the department staff. the item before you is in-kind agreement for the market project. before we begin our staff presentation i think that supervisor weiner is here and would like to say a few words. >> please. >> good afternoon, commissioners. you will see me on the next item too. thanks for having me today. i am here today to speak in strong support of the proposed in-kind agreement relating to

2001 market and dolores. this is a much needed pedestrian upgrade for this area. it appropriately balances improved pedestrian safety with traffic flow in the area. it's a unique opportunity that we will not have gone -- will not have again to do this upgrade. i support it. we talk a lot in san francisco of improving pedestrian safety. we have a lot of great plans for different parts of the city that are sitting on the shelf collecting dust. because we usually don't have the funding to implement those pedestrian upgrades. be they belts or sidewalk expansions or whatever they are. and we have a problematic process of delivering pedestrian upgrades. as a side note on tuesday i

implemented the delivery of pedestrian projects more efficiency. back to the funding. funding is always an issue. regardless of your process of the uppermarket plan that was approved a number of years ago is a wonderful plan that envisions significant pedestrian improvement. more walkable and livable streets in the upper market area. it's a wonderful document. and we had almost no money to actually implement. now that development is happening in the upper market area, and now that the economy has come back to life. we have those opportunities. and this is the first one coming before the commission before i recall. today you have the opportunity to set us on course. brief background for this in-kind. the planning department proposed reducing the entire block of

dolores between market and 14th to one lane of thru-traffic. i did not support that proposal, neither did a lot of people. because i believe that would have had a negative impact on traffic flow. and that was not the right balance. planning department went back to the drawing board and came up with a better plan, and that is before you today. it strikes a better balance. it reduces dolores lane briefly and then quickly expands back into the full two lanes. this will create a significant benefits at market and dolores. first if you ever walked that intersection or driven by it. it's an incredibly wide, long pedestrian crossing. one of the longest in the area.

it's not a pedestrian friendly crossing. as this area becomes more active. it will be more important that we reduce that crossing. so that people are able to get across the intersection safely. and it will create a beautiful new usable plaza. at market and dolores at the 2100 development. this will be a center of gravity for the upper market area. there is not as much activity because not as much housing or retail in the area, apart from safeway. once you get east of church street towards octavia. we will see that changinging and this is more important to create this new, great public space. this proposal has the support of

market-octavia and the board of supervisors. triangle neighborhood association that initially thought that the previous plan was before you. is now as i understand it supporting the upgrade. i acknowledge that the mission dolores neighborhood association does not support the plan. i respect the organization and their opposition but i don't agree as i have stated. this is a good plan and i ask for your support. >> thank you, additional staff comment? >> and we have a brief presentation if i can hand that out. so again the planning staff. i want to give a bit of context and the supervisor touched on this. this is not a new idea, it's an

idea that has been around since the market-octavia plan and the better neighborhoods program. and that was built around the idea of doing holistic planning for neighborhoods. particularly neighborhoods with rich transportation choices and creating complete neighborhoods with all the service and amenities to go with that. so that program set up these eight elements of what creates a complete or great neighborhood. that each community should be a full-service neighborhood with full-complemented city services and open space where daily needs can be met within a short and safe walk. and we build on a special character of each neighborhood in the city. and one of the first plans the market-octavia plan. and that involved public outreach, it was an eight-year

planning process. that i am sure that many of you were involved. and it led to recommendations that addressed the project before you today. particularly providing safe and comfortable pedestrian access and allowing people to walk to their daily shops and services. it was noted on the bottom of the slide, this was a design of this intersection that considered extending the median. and this design picks up on that. and that's part of the origin of improving these conditions at this intersection. and as supervisor weiner mentioned this was included in the upper market planning process. that held stakeholder workshops and held before this commission in 2008. here you can see some recommendations that came out of that process.

these are the top priorities per sidewalks and open spaces. the sidewalks would be engaging. that we improved pedestrian crosses and greening and public space. i think that the plan before you illustrates a number of those recommendations in action. that plan also considered a number of intersection improvements for all the upper market intersections from i believe octavia all the way to castro street. including this intersection not pictured in this slide. and lastly i wanted to mention, this project and the work that goes into it is consistent with our ongoing work of the city to improve pedestrian safety. and including the better street plans and the recent work on mayor's task force on pedestrian safety. this map is from the department of public health showing severe

pedestrian collisions and identifying the high pedestrian corridors, and market and octavia are on that. and the red x's that has severe pedestrian injuries, and this intersection has a history of that as well. and with that background i will turn it over to talk about the specifics of the project and is the action item before you are. >> good afternoon commissioners. in my presentation today i am going to touch on a little bit of background on in-kind agreements. and go in more details about the proposed improvements. and talk about why we think they are a good use of the market-octavia impact piece. and talk about the outreach process and the maintenance plan for these improvements. a little about the background on the in-kind agreements. the project on market-octavia is

an area plan required to pay impact fees. alternatively they can provide infrastructure improvements and (inaudible) portions of their impact fees. in that case if i want to go through that route, there needs to be an in-kind agreement between the department and the spons sponsor. in 2011 this commission pursued such agreements. and as part of that procedure, project sponsors need to seek planning commission approval for the waiver of the impact fee, the amount of the impact fee that is equal to the amount of the proposed improvements. that's why we are here today for the 2001 market project.

this project was approved in 2011. and includes an 8-story mixed-use building, and 82 dwelling units. and approximately 31,000 square foot grocery space will be whole food's market. this project was required to pay 935,000, and of this amount the project sponsor is interested in providing infrastructure improvements for the intersection of market street and dolores street. equal to $510,000. of their impact fees. and this is before you today is a waiver for such amount in return for the provision of those improvements. now i want it talk more about the improvements. if you go back to the presentation. the improvements includes pedestrian safety and traffic calming amenities. and these improvements would

improve the pedestrian safety at an intersection as was mentioned p for pedestrians. and it will create a vibrant and public space. you see on the northwest corner, there will be a public plaza there. and that will activate that corner combined with the whole foods market. and it will calm will traffic entering and exiting dolores street and improve conditions for pedestrians and bicyclists. and overall it enhances the gateway to two major streets of the city. so a little more details about each of the improvements. so the public plaza is on the northwestern corner of market street and dolores street. a 13-foot bulb out. and this will include

landscaping, planters, and public seating and this will create an urban plaza in this neighborhood. which will allow the public to relax and mingle. it will be a supplement to the traditional public spaces in that neighborhood. and consistent with other urban plazas in the neighborhood. and these plazas are all available to the public. and in the public right-of-way. and there will be -- so on this map you will see the orange shows improvements that are going to be provided as a part of this in-kind agreement. so in the median there will be a pedestrian refuge and that will combined with the two bulb-outs it will significantly shorten the distance for pedestrians to

cross dolores street and market street. and this bulb out, sorry this pedestrian refuge would not alter the historic fabric of the median as it's separated by two feet. there is a gap between the refuge and that arc on the existing median. there is also going to be raised cross walk on that alley, on the east side of dolores street. that's clinton park alley. so there is a bulb out there, another 14-foot bulb out and a raised cross walk that will provide enhancement for pedestrian safety. and finally there it will be a special material for the cross walk. and that will beautify the

intersection. and i wanted to clarify the road (inaudible) here as supervisor weiner mentioned. the bulb out on the northwest corner is 14 feet. but the bulb out on the intersection of 14th street and dolores street will be eight foot. that will lower the traveling to one lane only for the stretch of the bulb out. south of that bulb out there will be two lanes all the way down. and the same with the northbound travel lanes. two lane and that merges to one lane next to the bulb out. i wanted to make that clear. for that road design and the planning department has done traffic analysis to see the impact on traffic.

and i want to have great reason to go into more details of the results of that analysis. and then i am will come back to continue my presentation. >> good afternoon, commissioners, greg reason, planning staff, and as my colleague mentioned we did a traffic analysis for the bulb out and the whole foods and the traffic generated by that. our analysis showed the intersection of market and dolores and the bulb out. the level at that intersection will go from b to b +. adding one second overall. pretty negligible and that was all the traffic study for the project. and we shared this with the

community and some skepticism or disbelief that you could do this road diet and such a small impact. and for that reason we did a more thorough traffic analysis than we usually do. let me cue up this video. so i am about to show you a traffic simulation model. market street at the top. with the bulb out. and the development is not shown. but you see that white car driving and the blue, those cars are exiting the 2001 market driveway. the development is there on the west side. so as my colleagues have mentioned, the only actual road diet is for the northbound

approach from dolores from two lanes to one. the southbound direction is no road diet. there is only one lane accessing which will be continued. when you watch the simulation you want to look at northbound traffic that is cued at the red light. you want to watch to see if those cars can get through on a green light. i will let you watch. there they go -- still going. this is the same signal phasing that exists today. simple two-faced signal. and there they go. and now the cross-traffic on market street goes. that's it. conclusion is there will be no traffic impact. traffic will move very smoothly. and one thing we should mention there is a concern of cuing as

cars enter the parking lot and they will cue out on the street. that occurs in other markets in the city. and for that reason, we have put approval in this project. they have to obey the cues and if the planning department observes cues, they have to take correctionive action to fix it. but it's up to them to fix it. >> quick question, what time of day was that? >> that was in the peak hour. our typical analysis. and we did a saturday peak hour, that we normally don't do, but did because of whole foods. and that scenario was slightly better. i showed you the worse case. >> thank you. >> okay. so now i will continue talking

about why we think these improvements are a good use of the market-octavia impact fees. as adam talked about the context these improvements are consistent with the policies of the market-octavia area plan and the upper market street scape plan of safety and public improvements. also these improvements, these street scape improvements are identified in our inneragency plan, the apec reports, the annual reports we have. they are identified in there. and as we mentioned this is a high entry intersection. so these improvements will help mitigate those issues there. and lastly, i want to highlight that the city would benefit from the cost efficiencies that will come with having the

construction team of 2001 market already being there and building those improvements. in terms of the cost of the project. and then about the outreach, the planning department went through the design proposal with eastern neighborhood cec over several iterations. and we have input from the cac and we asked the project sponsor to revise their proposal in 2011 cac passed legislation supporting these improvements up to $35,000. and the increase cost of the resolution is mainly because of the stronger emphasis on the public plaza and the landscaping on the public plaza. and increase of construction costs since 2011.

the cost estimates for these improvements have been reviewed and verified by the department of public works. they have verified those cost estimates. and quickly about the maintenance of these improvements. the maintenance we as well discussed with dpw about the improvements and portions of these improvements that are adjacent to the property owner of 2001 market will be maintained by them. and the rest are going to be maintained by dpw. and in combined with adjacent property owners. so there is the maintenance plan in works but figured out for the most part. so just to conclude the proposed improvements are projected to cost $510,000, and what is

before today is to improve the impact waiver to the project sponsor. and planning staff on analysis that we did approves that waiver. thank you. >> okay. >> i think we have the project sponsor here who wanted to speak to this. >> project sponsor. >> good afternoon, commissioners. i am don bragg with the project group and i represent the sponsor. we are happy to have this forward today from all what you heard from the various groups. as indicated towards the end of our entitlement before this body approved our project. and thank you again for that. we were asked if we would be willing to contribute part of our community impact fee and our

construction crews to implement these changes for the overall neighborhood. the project sponsor agreed to voluntarily do that. and to be the sponsor to bring this forward. the one thing i wanted to emphasize beyond what you heard today. that just happens i came here from the topping off ceremony of 2001. that project is moving along at a good clip. as we look across the street at the brian spheres project that's well above ground. and down the street the mcfarlane project is closed in. what is excited about that, those things that have been out there for so long are coming to pass. is this fully expected to be a

wel well-enjoyed area by the community and the city. and this is a great complement to all that is coming. and we hope to have your support today and april, our landscaper is here. >> opening up for public comment. tamika moss. there are a number of speakers, if you want to line up on your right side of the room, that will be helpful. >> good afternoon, commissioners, tamika moss with spur. i wanted to speak on behalf of this project and ask for your support for the in-kind agreement. we reviewed this project in 2010. and i