continuance. item one for 248 appeal of a preliminary negative declaration is to be continued until july. and the next item at 2414 lumbar street has been withdrawn. further under your regular calendar commissioners we have received two additional requests for continuances both from the project sponsor. from a and b for cases. at 1900 129th avenue for continual use authorization. the project sponsor is a proposes a continuance until august 8, 2013, and also case 19

for 124 mulling listen after the project sponsor is asking for a continuance for july 18th. i wi i will also advise the commissioners for c and b at 21 d sixth avenue. one of the dr requesters is asking for that >> so commissioners to reiterate items 1 and 2 and then request for project sponsor a and b as well as item 19 to be continued. i have multiple speaker cards

for 9 a and b, however, those folks want to speak to the continuance. calling is continuance items i'll remind this guess a large crowd here that at this point there's a proposal the project sponsor has maybe something to review and give but public comment at this time is reserved for the continuance only. we're not hearing the item only deciding whether to continue it >> we've submitted a request for august 8th i believe. we've done a pretty robust outreach i'm not going to get into any of the details but in

this case there were issues that we weren't able to address that includes pedestrian safety. we want to be able to reach out to the neighbors and the scalds. we hope to get a couple of months n until august that's our request we appreciate your time. thank you >> okay items for continuance. >> good afternoon president and members of the commission. i'm a lawyer representing folks in san francisco. we strongly oppose this request for continuance. while we appreciate when those matters can be worked out in this case. it's important to go forward. a few weeks ago when the school

found out it asked for more time and that request was refused by the project sponsor and they said to focus on the project itself and they retained counsel and last week they got the staff report. the school understands what the problems are and are very sure that the project when i appreciate the remarks but is an inappropriate use for that site. it's not just a matter of public sadists there's traffic and public safety issues >> madam if you could contain

your comments just to the continuance. >> we have a large community and community members who are here to oppose this project. as i understand now those from the school that opposed to the school and project. thank you >> and as will be explained now by other committee members school is going to be out now and it is important they be allowed to participate. and because school is out it's not feasible for our members to commit. there's no reason for this

eleventh hour continuum. our staff will address those points as well >> president and commissioners i'm benjamin i'm the chief administrative officer of the school. our school in the office is closed so we have limited administration until mid-august so we won't have any documents until late in september. so i think i'm willing to add this information to you. thank you >> president fong and commissioner. my name is charles i'm the president of the board of

trustees of the school and why we are against the continuance as mentioned our chief administration officer during the summer we haven't assessed but because the parents are not reachable nor the board and the preparation of such case needs to be addressed by the administration first and after our request the board of the members of the school that's why during the periods of july and august it will not be possible to manage such process that's why we're against the continuance >> thank you any additional public comment on the

continuance? >> excuse me. public affairs. i think it's a good thing i've been before this commission many times before, before and you know the outreach we've done. it's not absurd to have a drugstore across the street and i would ask everyone to come back to the table. we've provided numerous data and it didn't matter at this point when we have a tremendous communication breakdown and we ask for the continuance. and a commissioners i'm lisa i'm

a parents. there's two options for this to take place today which is our preference or in the fall when school is back in session. many of those families are immigrants to this country their return to france in the summer and to do this b will be taking advantage of everyone. there's a lot of parents who are concerns about their children. it's honestly too late for many of us we want to have this discussion today and we want this project denied and you to accept the staff report >> well president and commissioners i appreciate

you're taking the time. i'm one of the neighbors that lives around the block from the location. the outreach has been extremely limited. there was a meeting in 2013 which i was unable to attend and i got a notice my neighborhood needs to be revitalized. but essentially i agree with the folks from the school and i'm excited to have them here in the numbers. this is wrong for the neighborhood i have a 7-year-old daughter i don't want to have living around the corner from the liquor sales. i'd like to go into the details

in this flier about what it does and did not say. i want to take a second to commend the folks from the planning department. i want to thank rick crawford. i think the staff is going to make the right recommendation to you. and if i can speak later to some of the specifics i'd like to do that >> any additional public comment? >> good afternoon. i'm ron. and i'm the owner of 1900 19th avenue. i want the commission to know that i personally in february of this year went across the school to notify them about the

project. the employee of the school said he couldn't handle the situation but sent a e-mail and i never heard back from the school. i'd like to continue this so i can try to work something out with the school. thank you >> any additional public comments on those items? seeing none, public comment is closed. >> i suggest that first of all, we break out items 1 and 13 and move to continue those items the project sponsor and in fairness to the da we want to make sure this the con made and i ask for

a continuance and take up the continuance items separately for item 9. >> is there a second to that? >> second. >> on the motion to continue items 1 and 19 to dates proposed (calling names) so moved commissioners that motion passed and places it under the conviction. >> secretary can i ask for the continuance date. >> the sponsor is proposing august 8th. >> thank you. >> commissioner and i think it was july 18th and the other one august 8th. >> i'm sorry that proposal was

for july 18th. >> i want to ask the commissioner to please repeat he was communicating about item 19 i couldn't understand that. >> i spent about 3 hours on site there on sunday and i spoke to both the spron and the da requester and understand that a settlement has been reached and the dr requester will be dropping it so there's the reason for the continuance. >> is that clear. >> thank you for repeating. >> commissioner. >> oh, yes, sir. we're on the item on the continuance calendar. i would speak in favor of the

continuance. i understand that dr. greenspan had communicated to the folks about the project and i've seen some other mention of the correspondence so there's been some communication for a while. he saw me around the same time and mentioned this. this has been discussed for quite sometime. i think the continuance could be negotiated as one speaker said instead of hearing it today allowing it to be continued with project sponsors consent to a september date which i would assume then resumes classes again that might allow for communication and the pedestrian

thing could be worked out. and i think there's a lot of things that make a lot of sense and we should allow communication between the parties >> the vacation has already started and it's startled through the months of june, july and august i believe the positions presented by the director are thing we need to take into account. so if the parents of the board there's nothing can be negotiated to a level of were there could be multiplicity. there's things we need to observe and i think other situations like that it is our

prerogative - i think we have do look at both opposing party. i do think we need to start continuance like airline reserve shuns. those are complicated situations and i'm not taking sides one way or the other but it's abusive of my time because it takes me quite a little bit of time to prepare. i will initiate a discussion to have this commission change the

rules. i think because they have to review the case report i think it's equally abusive of the time the department gets charged by the hour and attendance it gives to the project. it has no compensation whatsoever. i appreciate the commission support >> commissioner. >> on general terms i can agree with commissioner moore but in this particular instance i think we have a stance from one group of neighbors and other neighbors who are in support avenue those issues i have their letters and some of the businesses i have

support letters from. this is the - i think because of the folks here to speak it's a big certain but something that can't be worked out we have a lot of instances of businesses on opposite sides of the street. i went to a college where we have a street alameda cutting through the middle of the campus and it wasn't the best thing to have the street lights separating the road and they've done the best they can but there are a lot of instances with the businesses. so i'm not talking the need to have the continuance to work this out because the same issue

may and i writes the parents of the school and there might be other a things that intis the students to cross the road. i think that 19th africa be slowed down a lot it's the commuters coming over so i favor the continuance. >> yes. the continuance request only focuses on one issue. and there are at least 6 or 7 other points in the staff report as to why the project is being recommended for denial. therefore the issue for me is larger than the traffic issue and hinges on others points as well and probable some are even

more important as outlined in the staff report so i feel we should move ahead today >> for me, the most interesting thing if more time would provided time for the staff to report. largely for me it's that but is the community issues. and there's the planning issues that exist on the project i don't know why we got to a place there couldn't have been some kind of project the staff would be supportive of. i could go either way. i don't know why the project is not at a place they couldn't see a staff report. so that's why i am on that.

otherwise i would be supportive of a continuance by that also, we could deal with the traffic issue as well but i'm not sure where the truth lies in that whole scenario >> commissioner and so i too would be supportive of a continuance are i think nothing but good can come out of a dialog with the school. and the staff dialog too so see if there are any adjusts to the report. i agree that's a small neighborhood commercial district there would be a cafe that would come to us renting space that

would raise concerns about people crossing the street so i think dialoging would be important so i'm supportive of the the continuance >> i'm inclined to hear the testimony and if the commission is inclined to suggest a continuance i would be open to a date in october. >> commissioner. >> yeah. to speak to some of the comments that were made about the project which we shouldn't deal with but it's part and parcel of continuance thing. i'm not sure i'm agreeing with the staff i don't know why their

position. some of the reasons for opposition i don't understand. plus there's some miss recommendations they're not going to serve alcohol the hours are not as long as their proposed to be so some of the things that are being discussed and brought up for no continuance the project has been modified and some of the squeegee has been changed >> can u could you please explain where you have m that knowledge from. we have the data which is public has to any kinds of deals or mitigations proposed we're unaware of them. i feel slightly uncomfortable you have this >> i'm not sure that staff

staff should be aware too. we've eliminated. maybe we could have someone explain. the liquor has been

if you are looking for further support of your position you have mine. >> for whatever reason this project is not ready for prime time i support a continuance. i recognize the school is going out after this week. but the time for the two groups to get together and workout this i think would be beneficial. the commissioner see the recommendation not to deny an unusual position.

and to the alcohol sales scope i think it needs to be revisited. i have a pretty good feeling this sponsor has done a good job reaching out. i have a hard time finding that the school has not been notified but but if theres i that's you're certain maybe other folks in the neighborhood have not been modified. >> i agree with president fong. i'd love to see a different project come back. i think the commission has made clear what the issues are and i would make a motion to continue to september 26th >> second. >> commissioner how are you

going to get around the formula retail so we're not going to vote for that so i don't see what purpose a continuance does. >> it could come back with a recommendation to approve or deny. >> i don't think that's possible under the rules. >> okay. let's not get so what that. >> no, i will hold those items. >> there's a motion to continue 9 a to september 26th (calling names) so move commissioners that passes with the commissioner 3

voting against. >> consider the variance until september too so we can have one public hearing on both items. >> thank you. commissioners if there's nothing further under the items proposed for continuance we'll move one to our consent collapsed. all are considered to be remunerate there will be no separate discussion of those items unless the commission or the public or staff in which it will be removed and it will be considered for a future hearing. if those who are exiting the chambers ca can be quiet

>> and at the 1147th street request for continuance authorization is the only item under your calendar and i do have one speaker card. >> okay calling for public comment rudy. >> good afternoon, commissioners. i am the executive director of a non-profit running a after school program on 7th street. when i was informed about this