is my neighbor doctor lewis i didn't see office and right behind that door is the batteries. >> well, that answers about 4

high maybe a little bit higher. we had a slope on the roof so they might look a little bit higher in this distanced than their. but that's the - that's the sort of the design of the building.

we do comply with the setbacks. we started with a full front and we've looked at all sorts of designed. that's a major though fair for us. believe me i walk sites with our radio frequency folks just to find another location another design but we're in compliance with the code. we have worked with the planning department. this is the best design of the 7 or 8 we've worked on with them. >> i still have issues with the design. i agree with commissioner moore i want to see more alternatives. i don't think i can support 6 feet high it alternates the

building >> i want to talk about the code compliance it would be reviewed and under the department of building inspection. this is not within a flood zone. it's not in a flood zone. there's a memo in the public works and it's clarified for this site because this map was made in 2006 and there are since upgrades on that street. now to the design. the primary reason this sat in our department for the period of 3 years is primarily based on the design. we struggled with the design and

we're still struggling with the design. working with at&t on numerous alternates the difference that was the best alternative we came up with >> commissioner. >> well, i department of publi

identified areas that were blocks of interests not flood zones. i've spoken with folks in dp w and they say that projects they're not focused on when they created the block of interests. they want to make sure that the sidewalks are upgraded like adding curbs and the fire department look at the battery batteries do submit small

amounts of acids. if there's no secondarily form of egress it's you sounds like the building is in violation of the code and if their in violation of the code the department of building code wouldn't issue those permits? >> the building isn't being unfit for code in its

unless a significant allocation to that building >> wouldn't this constitute that or no? >> well terms the current code the building inspectors would look at that. such as other addition like egress >> you don't know. >> until building sees the final complete plans their withheld judgment until they see the egress and the batteries how much acid is in those batteries.

this requires stamped codes arrest unfortunately not really we're not able to vir one way or the other and i don't recall that the batteries with on the ground floor - >> they're related to on ground floors and sometimes on the roof. >> it seems like mostly they're on the roof. >> when you remove them from the roof this was discussed earlier. you'd have to combaelg the area to accumulate the batteries >> the folks who are here we have to decide whether or not

this applicant makes sense and the wireless guidelines we have before us. there were some legitimate issues to design that were raised and it sounds like we're at an impasse. there's the secondarily issues raised that are fire department related. i have a question to staff or perhaps falls into the gray zone and the american people a little bit but the seismic upgrades when is that going to happen >> i believe the way the new

legislation reads is the soft buildings will have to come into compliance but i don't know. >> a couple of years this is not a residential building but a commercial building. and each building would have to be evaluated by an engineer this is a fully commercial building >> i assume it would be brought up to code. i like to repeat to the director and i think you hear it very clearly p the response from the commission we need to find resources to have the screening devise. if the antennas are too large we

need to move into a different direction help at&t but help ourselves also. the additional antennas will not go away until we get new technology. >> commissioner. >> to staff when was this building built-ins. >> i don't have the information. >> in regards to the soft story issue

>> if he can go back a ways? >> so the good news and the bad news we can go back but the antennas have to be higher. >> so if i like us to go back

further we have to raise those antennas then it would raise the height of the appearance. >> aside from the appearance i'm not sure it would have any impact on the other buildings around it. but the other possibility is although this is a square buildings many of the other buildings have a pitch so maybe a pitcher can be added. and perhaps this could tend to block that off architecturally to cover the things so it didn't look like a box. >> okay. >> commissioner. i hear from at&t this is kind of a standard height interest so is

it that this building is shorter than other buildings? i'm trying to understand what's different about this case and a typically their higher but any additional massing would be virtually exaggerated in comparison. >> okay. >> but it's not uncommon either. >> commissioner. >> wouldn't a less solid exterior work better? i'm just making a suggestion in case - >> commissioner we're open to hear the suggestion on the sites. commissioner woe we're instructional with all the new sites that are going into low lying neighborhoods.

that's the struggle. to respond to your question the building was built in 1976 >> commissioner. >> well, i'm going to make a motion to approve with some conditions that the battery room be sealed to prevent intrusion of water and the walls be looked to see if it's possible to increase the fire rating consistent with d b i to be involved in a fire at least we'd have a longer period of time to exit the building. and the third condition would be that at&t continues to work with staff to mitigate the problems of the boxes on the roof either set it back further to make it less untruthful you on the

outside of the building >> second. >> i believe that we're getting ourselves on very thin ice here. it's the building suitability statement to add in something to the roof and in addition to that i believe that movie the equipment further to the back would only require another notice because it will be visual from you figure out street which are residential buildings. so i don't think that it's simply creating some technical wish list without any consideration. i'd rather have those people take another look at it and have the engineers and experts look

at it and we'll listen to it again. there's too much in the room that's not clarified >> there's a motion and a second commissioner to approve with conditions adding that the battery room is sealed that d b i consider an increased exist and for the sponsor to continue to work with the staff on that design. >> increase fire i know it -- placate the period of time where the fire could be contained there to allow people's to escape. >> on that motion

(calling names) so motives the motion passed 5 to 2. >> the commissioner is going to take a short lunch break bend 3. >> welcome book i'll to remind the folks in the audience the commission does not the report any out bifurcates of any kind. commissioners we left off on the fourteen 90 request for authorization >> microphone please. good afternoon. michael smith in the planning department staff. you have before you a project to

demolish a gas station before and presidential 43 hundred feet of retailer space for the property at the fourteen 90 located on the northeast corner. the project requires conditional authorization pursuant to codes. to department a lot. the commission must adopt sequa finding at part of the approval. we have 3 letters from neighbors they are concerned about it's too tall or impact an parking or hazardous material and seismic

harassess. and we got a letter from the homeowners association that raised concerns about the heights at well, and the entrance to the neighborhood of north of the site. and the characterizations of the folks who signed for the project and they expressed support for the one to one parking which is being provided by the project. the department is recommending approval with conditions we believe this will provide thirty units within a family oriented neighborhood. we feel the 4 story height is appropriate for a transit corridor as well. the b.a. both plan gave the site

5 feet in height. it's a pretty minimal height increase. and that height has been added to the ground floor to provide the kind of commercial space speaker in the not a mid block parcel it is a corner location. because the corner will allow the project to breathe. and the park is located to the northwest of the site the building steps do you think there's a podium and a backyard. the sponsor will continue to work with the dependent on the design and specifically for wrapping the details on the

secondarily facade. this concludes my prevention i'm available for any questions >> project sponsor please. >> good afternoon i'm ginnie and i'm the project sponsor. >> good afternoon, commissioners david. i'm working with her who was owned and operated the gas station on this site. the site with within the balboa planning program. the plan was enacted in 2009 and includes all the ocean avenue commercial neighborhood districts where the gas station is located and balboa park and

college >> would be the primary objectives to improve the neighborhood. that will make a good contribution. the project will provide retail services, contribute to the vitality of the district. the additional units is a major component of plan. it is quite unique in this all the units are designed for families with children. there are 3 bedroom units. foot traffic along the ocean will be significantly enhanced. the nearby foods building which

is 3 showers of use and the al lesson building at 1100 ocean avenue and another example of recent construction of four story buildings. both of those projects have been successful and have contributed to the improvement of the neighborhood district. crime has been reduced and it's more friendly and secure. mr. smith noted corner locations in the neighborhood districts are exactly where the retail should be sited. it would be difficult to find a best site for family units. it's fully consistent that the planning policies regarding

neighborhood commercial districts. thank you for your consideration. i want to turn this over to the architect for the design >> thank you. >> president fong and commissioners i'm the architect on the project. this is a unique transformation i think for ocean avenue the new balboa park increased the height and densities and created for friendly sfaes. the context of the site is somewhat eclectic.

i'm sorry. i'm just showing a few pictures for context. that's the project here that's the westward park >> we can't hear you. >> i'm sorry that's the westward park neighbor i'm sorry. this is the pile on people are talking about right there. and you can see that westward park neighborhood has a lot of bungalow type homes and a lot of characters why the bungalow buildings are here. we presented to the westward park neighbors and they said they liked the project because of the bungalows. those are other context

buildings on the site - i mean on the site. the project we wanted to maintain and get tones for the project. we have the offer hangs and we take off the bays at the top to give a size of the debt. the context again is of taller buildings and other types of buildings that are smaller. we did have a historical consultant who did a phase two historical study and he looked this with a adaptability with the project on ocean avenue and deemed this was compatible with

the neighborhood district. this is the relationship of the building and how it steps back to the residential neighborhood next to us. we do have support of all the neighbors on well - most of the neighbors - on the corners but if this is our site we do have the commercial neighbor support and the residential neighbor sport and across the street we have residential neighbors so we do have a list of 70 names of support on this project. the westward park neighbors we suggested they work with a color consultant to make it more compatible. robert came on board and this is

his color scheme and i think you know, i like the earth tones and the yellow might be a little bit too much for the neighborhood but the warm colors are more compatible. just - anyway those are the list of 17 names. in addition to that this is tim kelly kelly's certaining the neighborhood and when he talks about the potential ocean avenue is comprised of small buildings, however, the boundary includes the inclusion of many other as