>> i am nathan rundel i am a partner with a group we are a local san francisco contractor head quartered in the market area we have been closely with emerald fund and we are excited to see it move forward. we are a secondary contract and her we are excited by the job growth in the two years that it will take to built this project, we ask that we will be able to employ about 300 unions across the trades and we are very much in support of this project, thank you. >> good evening, i am sure that you would all like to go to starbucks right now. maybe not. >> donald savoy, the executive director of the benefit district and of course we support the project for the last year and a half we have been working really hard to improve the image of the center as well as the safety, cleanliness and beauty of the civic center and one of the ideas is that we have a

improvement committee that has gone through the plans of proposed development and one thing that is important to say is that next couple of years it will be a neighborhood with people in it and i mean that we have had a few buildings that have been in there a couple of small properties on the edge of haze valley, but with the project coming on, 100 vaness, and some of the other things that are being proposed and built this will be 24 hours neighbors that drives certain kinds of neighborhood serving retail that of course increases the safety of the age in the area. so of course, we along with everything else, you can't, you have a winning project. you have union support and you have wonderful transit and architecture that fills in an empty spot in the civic center, so it is a dream project thank you very much. >> thank you. >> any additional public comment? >> good evening, my name is

jerry bernstein and i am the chief operating officer for the light house for the blind and we welcome this project and not only will it make the neighborhood safer it will improve the alley which has always been kind of a sore spot, and i am also a remember of the board director of the cbd, the civic center and i back up what don said and i think about this project and thank you. >> thank you. >> any additional speakers on this item? >> seeing none, public comment is closed. >> commissioner moore. >> this is actually quite a remarkable moment to see not just one new building as along vaness, which we approved a few months ago and seeing the district fill out. that rarely happens, i mean it is also a thing on van ess and we have been focusing on the streets but rarely have been

able to see a district happening at once and i think that is where the transformation and how it communicates to the other buildings and i love the engagement of the civic center and the auditor um which in itself has always been an odd ball on its own and use youthful and important as it is, it lacks energy and it somehow lacks people who secure its edges. with the influence now, on the alley and the streets behind, i see it is a great opportunity, i think that seeing the public art trust in action, for the first time, will give us new tools to really deal with it in a very proactive way, and i actually would like to hear more about it, i am only familiar with it, but the fact that this project takes it on for the first time, and in this location, i think says a lot.

i think that it would be interested to do a video in the next 6 or 8 months and time lap the information and we have the train and the federal building being occupied and we have twit and her all of these things happening and from what used to be really a difficult frontier to walk through. it is now all of a sudden the place to be and i think that we should try to do a video in time lapse that we can perhaps win an award and everybody who does this kind of work can take the credit. i am fully in support of it and curious what the other commissioners have to say. there is one quick thing. i have been staring at this drawing for one week. looking for 8 walk up units i did not find them and i am glad that you are clarifying that there were only four. >> thank you. >> commissioner antonini? >> a few questions, and

comments. first of all, before us, i believe, is a couple of options and i am very much in favor of the larger number of two bedrooms. and that would be what i would like to see passed and i think that as we go one way or another on this. because, it makes it possible for it and although two bedrooms are not necessarily always family units it makes it more possible for someone with a child to be in there and having that extra room. and, the other thing that i wanted to ask about, and i think that i understand the cost to hawkins part and the fact that we are providing a percentage of units that are within the 150th percentile of income, of the median income, then allows us to, and of course the on site but not just, it allows you to have the on site housing and not have a problem

hawkins and if i am correct to whoever is speaking to the legal aspects to the document. >> okay, coner, planning department staff. so we have executed a cost to the agreement to provide the rental units and the conditional use for the greater square footage over the floor area ratio, excludes the affordable units from that gross floor area. so they are two different things. >> but a hawkins would provide for rental units. >> it is made possible by the fact that we are giving them a greater far, i think because you have to give something to be able to have that. so that is the trade off. >> and then is it a permanently, it could be condo mapped in the future or not >> it could, because i would advice that because you never know what the future will bring and there may be more of a market for sale units but that would be wise. and my other question is on

design. or my comments are on design. i like it, but, it seems to be a little incomplete, i read and i have seen the pictures where you have the elements that fit in city hall and all of the other buildings, but it seems like the areas behind the balconies are dark is how i read it and it makes them stand out too much more than they should. and i think that the pattern behind it should be the lighter gray, limestone, it may not be limestone, but that is sort of an appearance and that should be a little bit bigger part of the sides, there is a little bit too big of a percentage of glazing, and i think that a few of them, they are not really, but they are siding where it only goes halfway across it looks a little strange. so my opinion we will see what the other commissioners have to say. i like to see you to continue to work with staff and i know

that you have done eight versions of it so far but these would be minor changes, would you want to comment on my concerns? >> steve, counsel for the project sponsor, i want to clarify the unit mix question that you had. both unit mix options are basically the same layout. the issue is will dbi consider some of those units as bedrooms or den? if they are not, we are in the lower two bedrooms, if they are, then we are at the higher bedrooms. >> it is going to be the same kind. >> the walls are going to be in the same place one way or another. it is just semantics. >> there is not an option it was just put in there because we are not sure what dbi is going to say. >> that is right. >> okay. >> and then going on a little bit about the design we will see what the others, but i

think that it will be more with all of these buildings that are so close to it, if you see a little bit more wall and less glass. and you know it is not a huge change, but i think if you could make those areas a little bit more you will see more of the limestone color and it will be a little bit more compatible. >> commissioner hillis. >> thank you for this. i actually like the design. i think that it fits in well, in civic center and actually looks modern and it was build today. this lot is interesting and it kind of has got the unique ability to be like on the back side of every building in the neighborhood it is kind of behind, gram and it is behind fox plaza and so it is great to see, something happening here and just two questions. no retail, because you just prefer housing on there and those are our retail was risky on that site? >> kind of looking at it, both,

we are going to be coming in with another project, right across the street at haze, and along the south side of haze, and that is going to have retail all along and we are looking at it as kind of a three piece strategy. >> and the second question will be that you control the lot on the south side of that. >> correct. we control the entire south side of haze from vaness to polk. >> and you are planning a residential project on that? >> yeah, we will begin the talks about that. >> thank you. >> commissioner sugaya? >> thank you, yeah, i like the project. to the apprentice from the local 22, i think that manny should have you come up here and make presentations instead of himself. suggestion for the future. any way, i do have a question for staff. has this been vetted before the

historic preservation commission? >> i only ask because the initial study or whatever, the mitigated deck does indicate that i thought this was within the district and they are say adjacent to. >> no, it is adjacent to the civic center and it is not within the district. and so, the project was evaluated for its impacts to the adjacent resources. >> and did hbc weigh in on that? >> no. >> why is that? >> this was done through our normal historic resource evaluation process. and they have not asked? >> that is correct. >> all right, thank you. >> the analysis that mr. erickson showed with respect to the various components of the historic district, and especially city hall and some of the adjacent buildings with respect to having a base, and a

middle and a top and metal balconies it reminded me of a similar exact same presentation that i received on a project that i was reviewing for an eir down in san jose on saint james park. and in that case. the stinberg group was the designer and designing a ten or 12 story building. and they used in and it was adjacent, historic commercial area there. and they used the exact same diagrams actually kind of. and i thought it was fine and i told rob listen, that is all good but you are missing one crucial element to it and i think commissioner antonini has mentioned that and that is the ratio of solid devoid and i think that the entire civic center is characterized by buildings that have more solid walls and punched windows and i am not suggesting that this

building has to have punched windows but i think that if there were a bit more increase in the amount of solid material, it would greatly enhance the compatibility with the historic district. and not that i am going to make it a condition, but i think that if we could suggest to both mr. erickson and his architects and the staff, to kind of take a look at that one more time, i would appreciate i think, commissioner antonini would appreciate it. and with that i would make a motion to approve with conditions, with that suggestion of her further look at the exterior design. >> i have one more question. the lobby is rather large, in my opinion. have you ever considered the possibility in the future it might be transformed into some small starbucks? >> i know that the bathroom,

you could i don't think that you could work a bathroom in there. i don't know. you know it was just something that i thought of. because it is right on the corner and it seems like a fairly prominent location in perhaps an opportunity in the future. if the management of the building finds that the lobby is being unused or you know the space becomes too much of a maintenance issue, that is in a really great location for some kind of commercial use. >> thanks, commission sugaya. >> i will second the motion. i don't always like... well i don't always have an opinion about whether or not inclusionary should be on site, but building this residential it is really great to see inclusionary units on site. and i think that will sort of generate a more mixed neighborhood. >> commissioner antonini? >> i also received a letter from i think that it was jason

henderson or someone from haze valley and his comments were really very much in favor. but they also had the same comments on the amount of glazing that commissioner sugaya and i did. and i think that would particularly the balcony if you look at the one on city hall you see the darker balcony but everything around it has a great color, and if you can with the background around them can have a little bit less glazing and more of the grayish limestone like siding it is going to make them not seem so foreign to the rest of the building. so those are just, you know, i think that these things can be done easily, working with staff. >> please call the question. >> on that motion, to approve the conditional use and determination of compliance with conditions, commissioner antonini? >> aye. >> hillis? >> aye. >> moore. >> aye. >> sugaya. >> aye. >> commissioner vice president wu. >> so moved, that motion passes

5-0. [ applause ] push >> commissioners, that will place you on your final agenda item. if the members of the audience could clear the room quietly, we would appreciate it. >> item 18, case number 2012.1294 c of 2833, 24th street and request for conditional use. >> good evening, bridty of planning department staff, you have before you application for conditional use to legalize an outdoor activity area at the rear of a existing restaurant doing buzz as latorta gorda in the 24th street mission neighborhood commercial transit, the alcohol restricted use district. and the subject commercial space has been occupied since 2002, independent and locally owned and is not a formula

retail use. the outdoor activity will be located at the rear of the restaurant in a rear yard that is shaved for other activities. the activity area will operate from 6:30 a.m. to 8:00 p.m., monday through friday and 8 a.m. to 7:00 p.m. on saturday and sunday and the proposed seating will accommodate ten patrons. at this time, the department is not aware of any opposition to the proposal. and i have additional e-mails in support of the project that i will pass out to you as, conclude. we recommend that you approve on the basis that it promotes the viability of a small and locally owned business, the project sponsor has demonstrated a good faith effort in legalizing the use and the proposal meets all applicable requirements of the code and consistent with the plan. >> this concludes my presentation and available for further questions, thank you. >> project sponsor?

>> good evening. my name is (inaudible) and i am the owner of latortagorda on 24th street. i have been trying to be successful for 10 years already. and i start with a dream ten years ago on july, to 2002, 2003, excuse me. and we start our business in a 13 by 15 foot facility, take out only, and in 2007, we moved to this location in 28th street and we are bigger, you know, seating for people and a nice spot in the back for a patio seating. and the customers which are

sitting back there, customers really like it. we fix it really nice with plants and make it very friendly ambiance. it is quiet, and it is not noisy. and our hours of operation are very flexible and we opened the location at 6:30 in the morning but we don't use the patio that early. basically what we serve in the morning is just breakfast for the people who wish to work at the hospital. and construction workers. and for the best year, excuse me, last year, april, 2012, our patio was shut down. and then well on the summer time, the hot weather inside of the restaurant is kind of you know, hard to for the customer these don't like to be outside,

they love the outside seating. and we are a small business, and it has been a year since we have been closed the patio. and it is really hard for us to survive. employees have to cut the hours to my employees and we have to struggle to survive, and in a small business. and i just ask you to consider that what we are doing is in something that is good for the community. and something good for the people who needs a job. and i came with the dream ten years ago and now it came true, but, we need a little bit more support. thank you very much. >> thank you. >> joseph wail. the architect. and i would like to point out to you that there are four buildings on this particular

property. and of course, they are residential second floor commercial for the bottom floor and the restaurant itself has or is only one story and no residential above it. and you know, it is quite popular in san francisco, and now for these restaurants to have outdoor eating space. and many of the restaurants are taking up parking space in the street. you know, and they are coming up with some very nice accommodations. but this one, uniquely has a patio in the rear. now, the required, opened area is only 400 square feet. we have 1800 square feet, not including the outdoor dining area. which is 478 square feet. and so, we are not infringing on any required open space for the residential units.

the occupant load, with ten seats, for the outdoor dining area, is 49. and you know, like he pointed out, this is a small business, and it has been exactly 12 months since we submitted, you know, the response to the complaint. and so the patrons have lost this for outdoor dining and he has lost income from that use. and would appreciate if you take all that have into consideration, for a small businesses are the majority and employers in the city of san

francisco. thank you very much. if you want to line up for public comment. >> richard, martha sanchez, arm ando, angela mckey. >> if your name has been called come up to the podium. >> hi, i am richard segovia and i live at 2880, 25th street, which is right around the corner, and i been in the mission district, 51 years in that home. and you have the little place on 24th street, me and my daughter used to go there when it was margareta and now i took my daughter back and the food was better than what it was before. so i want to see this place go on. because we have got saint francis, which is on the corner which has been there, and if you have ever been in that neighborhood at 9:00 in the morning you cannot walk down the streets it is so bad and i k wa aorth to the

storan d the last time she was in there she was like 7 or 8 and i spent a lot of quality time there and he does a lot of great things for the neighborhood like carnival and helps to give donation to help these things happen and children for cancer and gives us money to give the foundation and i feel that i saw him grow from the beginning on 24th, to now. and i have seen him become something better than he was and i believe that we have to keep the mission district taste in our neighborhood. because there are so many coffee shops, you think that starbucks is bad, walk down, i think that 101 polk we should put in a gorda in there i believe that we need to have a taste of the mission district, broern and raised my brother graduated from mission high school in 1937 and we need to keep the mom and pop places open and the ability to grow and make more. that is what it is missing right now. thank you. >> thank you. >> call a couple more names.

albert downing, eric arquao, and jose rufoyer? >> sorry for the pronouncation. >> hi, my name is albert downing. and i was also born and raised in the mission, i have been going here for five or six years. and i go and into the back patio and it is not loud. it is just people talking and laughing it is not like a festival and there is no music and they don't sell liquor and i think that it is a shame that we are here because one person complained about the noise in the middle of the city in the middle of the day. that is all that i have to say, thank you. >> thank you. >> good afternoon, my name is eric and i am with (inaudible) the 24th merchants association.

and we are here in full support. they have been in the corner for ten years. it is an excellent business and never heard of any complaints about them in any way. and they are pat on the back and i have been here quite a few times and i like it because there is a plus and i sit back there and i don't hear anybody talking loud or just getting a little crazy, there are a lot of plants and the walls are high so you can look over into the other yard and area. there were other folks earlier and we have been since 2:30. we had martha from sanchez who was the co-chair on the council and we have marie sorenson and so we are just hoping that you can really support us and get this permit done for us. thank you.

>> thank you for your time. >> i am here to support him and his business. and as you know, you hear that he has been in business for ten years and he has been helping and supporting the community for ten years. and i believe that he has done a good job in the community. and i have been going there for the past ten years and everything since he started ten years ago until today, i am sure that the customers there are a friend with him and he has been a great supporter to the community and to the non-profit organizations and by you guys allowing, the opening the patio, you know, there is more in that committee and that is what we need here in the city, right? >> right. >> and so, and by doing this, opening the patio, i mean he has been... that is what we need and that is what we are looking for in san francisco is to the small business to be successful and grow and support our communities and help our

communities. you know, by you know, providing jobs, and part times or pull time jobs and giving something back to the community. and he is a great giver to that community and to another small, and non-profit organization and i am here to support him with all of my respect. and all of my strength that i got here and i know that it is late and we have been here for some time. but, we are a small group. you know, but behind us there say big community that could not be here today. and thank you so much for your time. have a good evening. >> thank you. >> couple more names. >> john mendoza, marie sorenson and carlos elvire. >> hello, commissioners, my name is john, and i am coat founder of (inaudible) 24th street and also sit on the council of 24th street and i have eaten in the patio a not k

had been closed for i year and i never seeing out there out of the order that was loud, or out of character or anything. so i should support this. >> good evening, my name is (inaudible) and i have been working on this the first time that there was up there for almost 7 years and since we worked close and they (inaudible) cut our hours and i have to support my family, you know? i have a lot of family, and like my country. and now, i don't have money to send them. >> thank you. >> huben morenzo? >> hi, good evening, everybody, i want to support the

restaurant. and so, because there and that area is like, the restaurant is no liquor and so the back area is the people, not speak strong. and so, i think that there is a good guy and the economy is very, very bad at this time. and so i thank you for your help. >> thank you. >> any further public comment on this item? >> >> hello, my name is (inaudible) and i have been friends with arm ado and have seen him grow from a very small business storefront, and not even a sitting area