neither of your commissions have the moral or legal right to over rule the voters. what is happened instead is years of systematic decisions to over rule prop k. this is about economic growth and the prop k prohibits that. on page 4 in part the fundamental rule of statutory construction is to consider the rule. it goes on to see the ordinance has disapproval of any project p.s. that has any diverse impact.

it strongly suggests that the shad shadowing is important. but this ordinance was adopted to protect the sunshine in existing parks. lastly, the passage of this is the desire of without regard to any opinions the developers might propose. the planning department of public health must not have any shadowing to approve this project. i urge you lastly commissioners parks always lose in a debate with developers. everyone will raise their hands and say i'm in favor of the sunshine in parks but a bunch of

economic growth and parks lose. over time that's how we kill the parks. i urge you to avoid the lawsuit that you will lose and a uphold the commissioners decision >> good morning commissioners aim tom. representing friends of the 65 market street owners association. i'm going to spend my few minutes on shadowing. the reduction of the 4 hundred height in reduction and the sunshine added back into the shadow limit for union square. those changes in the product description were not in the eir. i've spent a lot of time on

writing about the defects in the eir. the macy's should have the shadow limit written back in. but what's happened in 1989 the shadow for this park was 2 hundred and 90 feet shadow hours now you're going down to minus seven hundred and 67 because of the three projects. the transit center increase and in this promise. so if you approve this project your minus down 6 hundred and 60 thousand. to do that you need a very

strong factual record to show you've seen what this will cause. the - those are abstract principles applied to the park. there's no stud of how those proximateize change by decreasing the use of padding them in the sunlight areas. so, so without bridging the gap of impact you don't have the factual report of what you decided in 1989. while you probably have the legal authority to change the

criteria this no right has to be exercised without abusing our authority. i have a bunch of documents i want to submit to you including the calculations including the inclusion of macy's and that number is a little bit less than it's minus 34 hundred and 67 - >> sir, your time is up. >> just for the record there's a planning resolution from the eir transit center. >> >> thank you. next speaker, please >> good morning commissioners. i'm matthew and i'm with a friend of the 765 market street. union square is known worldwide

and is one of the city's corner stone landmarks. and surely a building can be built that will maintain the integrity that was to protect our parks. we can have both we can have our parks protected and the mexican museum. an absolute number that continues to erode the project by approving project by project which succumbs to the pressures of the developers is not right. there exits no feasibility study that is properly done come in any way adjust the continual erosion in our parks. the reports that makes this all

possible is done with expectations and assumptions are purported to be done by the developer himself. the usurp is upon the feasibility study was done. the feasibility study is it not a third party study it's a self-serving document only to support the unreasonable positions you're being asked to approve today. again in this regard over 5 years the shadows have been studied on union square and now in the last twenty-four hours we have a new study on macy's it

was not concluded ♪ report so only today, we find out about a - we do want to have this project but we want to have our parks protected as well. thank you very much >> good morning commissioners i'm the president of the homeowners association. all 1 hundred and 40 homeowners are good supporters but we're concerned about the issues such as traffic noise issues and public safety.

we have an economical model that we think is flawed. those papers will point out the observe to you. but the issue is concerned to us is shadow for not just on the union square but on the immediate environment. we have accident garden and jessie square and this project was - will completely overshadow that. this project is justified on the benefits it brings to the city and was it brings to the next mexican museum. if all it takes is money to override the community and no

matter what the shadow is on union square urging to have developers coming to you. we oppose this project and are ready to fight. i have a very good solution cut the project down to 3 hundred and 50 feet we'll still have the mexican museum and a great project and we'll have no shadow on union square. i do have some papers i'd like to hand out to the commissioners >> thank you. >> good morning. i work in san francisco. i have frequently had lunch and enjoy my lunch under the sun at

the jessie square garden. i'm sure there's a lot of folks like i move that couldn't come today to have you protect this rare open space from being overshadowed. thank you >> thank you. i'm going to call a few more names (calling names) come on up if i've called your name >> hello, i'm benjamin. good morning commission san franciscans. i'm a professor at city college

of san francisco. and i believe that it is art and culture can be that lost link that courageous the intense intelligence especially for our youth who needs visions of beauty. more important is the truth of our collective situation the truth is that many if not most of the labor workers working on those proposed projects will be of latino descent. we love having this hard worker identity but we also need evolution. we need to build an intellectual

artistic that the mexican museum can offer us. the many latinos now have no place to go where they can feel a pride and an intellectual identity. we can built more than a building here. we can built powerful identities by having a state of the art mexican museum adjacent to other landmark institutions like the modern art museum and powerful financial institutions. latinos need to feel they're part of an international san francisco. this mexican museum is hope for our community and our future.

through the creation of this mexican museum san francisco will once again be leading the way for love and justice. thank you for your at the scene of the accident and your vision. thank you >> thank you. next speaker, please >> like to remit the audience retain from clapping. >> i'm on the 765 residents association board and also on the managers association. i support the museum however, the stereotyped shadow is unacceptable. its way in the prop k standards.

i don't know how they're asking for that. the building feasibility study is based on flawed observations. thank you very much. >> good morning. i'm that angel and i live in san francisco and i want to thank you for let me join the other speakers. i'm for the tower but not the mexican museum. we wouldn't want to live anywhere else. the planning commission have worked for many decades to protect and preserve the character of our city. a very few expectations have

been made only when justified. how does the tower serve the public interests. don't the many negatives out weigh the positives. how can the tore possibly be justified. i don't think it, and thank you for your time >> good morning commissioners. i am a former teacher of 32 years of teaching in new york. i didn't intended to speak because i'm always speaking but i must tell you what's in my heart. i have been listening to this

word about shadow, shadow for quite a long time. the children i have been teaching have been feeling like shadows. i teach diverse children from all over the world. they want to see themselves. when i take them to museums they look at all the things and guess what. they also ask me where are we? we need diversity. i'm traveling around the world and i work with a world organization and we have members from all offer the world. it's very diverse. everywhere we go, go people want

to know about america. they think we're the land of plenty but they don't know that many of us grew up as shadows. i was a shadow too until i realized we're all worthy of the best. i think you should build this museum >> >> thank you. next speaker, please >> good morning president fong and commissioners. i'm a business person in the mission district. i'm here in full support of this project. i have full confidence in all of you to make the right decision

to not law a shadow to get in the way of jobs. culture and we believe what the missing the mexicans and the latino to allow their culture to be recognized on an international level. i believe that the project sponsor has demonstrated this there has been some mitigating factors to adjust the height of the building. in an attempt to reduce the shadow impact from the surrounding areas. basically this is exactly why the voters approved proposition k and not to borrow you but

ultimately this project out weeks ago and out shadows all the reason to support and approve the project. jobs, culture and growth. 3 simple reasons to justify the project. i'm confident that after reviewing the file and sdurgz amongst each other you'll arrest this proximately should be approved. i don't believe that the shadows and a few residents a few residents should get in the way of this project. thank you

>> good morning i'm ron. and in interest of a two minute timespan please let me say one this is not a referendum about the mexican museum i'm tired of hearing it. i'm a fan of the mexican museum. my son served on that board. we want the mexican museum so survive. it's been repealed helped with tens of million dollars to get themselves organized and build on a gorgeous piece of land. the conversation has to do with

the developer that changed the defendant to the mexican museum. i'm insulted. we have ten times this many folders that show how many ways this plan violates the city ordinance. we don't have any problems excuse that doesn't past the smell test but that will conflict and we'll spend the money to bring it public. because their some elephant that hadn't been identified but will be. and furthermore, the problems that the mexican problem has and

it will be made worse by this situation. they need to be able to raise $7 million a year for security and janitor to recall and staffing and all the things you have to run is and keep the art save. the building gives them 4 or 5 times the amount they need. their going to be boxed into a bad place. the city is going to spend $40 million and give it to the mexican museum and let it be built and don't sell yourselves out to some developer who wants to put up a billion dollar believe on the backs of people

that will not benefit from in this >> good afternoon members of commissions. i'm picking up i'm a reserved planning vendors. i'd like to talk about this project. it's about recreation and park dwifthsdz at 3 levels. first it's inconsistent with the general plan that states our parks and they're open space and their assess needs to be protected from development unquote.

this will make our famous retail center into a relative dark and cold space ultimately and our beautiful place jessie square dark. it is served as urban open space and we certainly can't afford to ludicrous another one. and it's inconsistent with the city's downtown plan. i don't know if you followed the guards to the city district the interior ratio of the building is actually 28 to one. in a 9 to 1 air district. when they confronted this

honorable distortion where they use the parking garage they abandon the floor ratio altogether and this i consider classic spot zoning. finally it's inconsistent with the zoning plan. the plan had a group per - human size buildings that. built i consider at a very human scale. certainly the 50 seed is for more humane than the counter proposals. i urge your commissions to maintain the shadow budget to

prevent this outragely massive and dominating building to be regretted by your joint efforts. thank you >> commissioners my name is lynn. i reside and work in san francisco. i reside at 765 market street. without repeating i have four quick points one what you are hearing is no one that i have heard privately or publicly opposed to the mexican museum quite the contrary. two we are not opposed to a

project at the site. i think the gentleman had the right solution 3 hundred and 51 feet can work for the shadow problem and the developers. the shadow isn't about a few people but about the public. for t for the instructions that were given to ourable krushgsz were involved instruction from the developer. i'm happy to go into county jail you've probably heard enough. thank you. >> thank you.

>> good morning xhirgsdz. i'm richard i'm a resident on market. when i've asked what's it's been like to live there i say the positive surprise it's an separately friendly neighborhood and i would include the four seasons hotel and the general manager also the millennium partners that developed the project. we have a close relationship with ron jeffrey's the gentleman who addressed you earlier. our problem is not with the four stories of the building it's the other 40 or 43 stories above it.

it's a luxury condominium project masked for the museum. i urge you all to take a close look at it there's an underlying motive. i will say that some are vagina in all the united states and this is only an incremental 0 loss but they all have to be noted. the last point i will make is the effect on safety and traffic. as any of you know whose traveled what was called earlier the third street corridor i call it the third street gridlock.