so that is fine >> shall we just - do you want to draft it right now or shall we direct the staff? >> i'd like to the city attorney and the staff to find the verbiage. we need to make sure that the continued landscape is a great contribute for to the neighborhood in the longer >> i can work with you on that. >> for the record the city attorney has asked me to clarify this as 9 and 10 but we'll definitely draft. >> you're the experts but i realize that landscaping on its own is not doing that and i'm

very supportive of this project and it's wonderful it's in the center of a lot of places but technologically it's in the middle of daily city but very walk able to little hollywood and also to exclusive park i'll take the t line to the 49ers game and it's not that far from this location. and i'm very supportive of the fact that they're to have service a large area and particularly with the two or three bags of groceries usual to need to drive there and the additional parking is wonderful. >> commissioner there is a motion and a second.

on the distribution to city attorney and staff to draft the landscaping and maintenance as they relate to conditions 7 and 8 in the motion (calling names) so moved commissioners that passes unanimously 7 to zero >> the commission is going to take >> like to welcome everybody back to san francisco planning commissioner for thursday september 26, 2013, public utilities. i'd like to ask you to silence any devises. commissioners you left off under your items fourteen a and b for

the cases c and b. at 2709 you'll consider the zoning administrative will consider a request for surveillance >> good afternoon erica jackson. you have before you to legalize a kitchen building required within an existing church. the project is at the 22nd street is a 40 x height district. the church has been here since may of 18971. the existing system is on the western property line and the new system will meat cutter code and have a square feet anymore. only one individual had informed

the department r with concerns about double parking on 22nd street and initial side. since it has been publisheded. the standard conditions of the approval will address the concerns are regarding odor. given the remittance the staff asks for the recommendation to be approved pursuant to planning codes 2089. this includes my presentation i'm available for questions >> project sponsor, please. >> good afternoon, commissioners. i'm the project architect. i read this staff report it's they thorough with all the

information i'm here for any questions and a couple of our sponso supporters are also here >> any public comment? >> can i use this. >> go ahead and start talking. good morning. i'm dick. i live with my partner at the 1018 i don't work which is the property that's the view out of our bedroom window. we've lived there since the mid 90s, you know. i have a problem speaking like this when i get a little bit

emotional but the smell from the cooking constantly every weekend and sometimes during the week constantly permeants the whole house whether or not the windows or are open or closed. it's a frier smell all the time. it's hard to see from this picture but if you you know, i think you guys were e-mailed you have the copy ere. so you can see i have 3 concerns okay. one is the smell imperfect people's 3 and when the pastor we met with him at the church and talked about it and everything i was under the assuming this this fan and this exhaust thing here; right? right here was a filter to stop

the smell but payroll it's just, you know, an exhaust right outside my bedroom window. you know, this is not going to help the smell or anything. this is just to bring it to code correct? ; right? so for me and my partner and my neighbors it's just the noise and the smell are constant. and you know, i have no problem with people feeding the community or nothing like that but it effects my quality of life where we live. it's not been always like this. my other concern a fire. if you look at i mean does everybody have a photo. that's american people old

wooden shack that looks like a grease fire would set it off. i don't know what else to say i'm concerned about the smell and fire hazard. is there an exemplification for having this in the backyard for this >> go ahead and keep asking our questions. >> i'm increase the assumption that a yard has to have open space. you know the smell >> thank you, sir your time is up. >> we'll try to address some of those things. >> milk - >> i'm the properties 27 next to the building near the kitchen. so actually imi am finding out

that the spaces are to take it out and give me two feet. so because of the property lines is 60 feet is only 58 feet so i want to move the wall two feet and also actually even my tenants they are chimney they have the smells and they come to me and they couldn't open the windows. thank you. >> good afternoon your honor.

i'm citizen of san francisco. i want for the first time i've lived here since november 1974 i was a guy living on the street basically, drinking and doing all kinds of, you know, little things but i was invited to go to the church and they helped me to become a gosense. i used to go to that church but i used to a - we used to cook for pot people and homeless and we used to cook for the needy people and we have a different problems at church that helped kids like my kids that grew up

there and the city never had problems with them because the church helped them in all the areas that kids now need. i know the people from the church they can comply with whatever you ask them to do because that kitchen is this year to help the needy and so i beg you to help them it's there since 1971 and i know they help they're good for the people the needs help. so i really appreciate what you can do for it thank you very much >> any additional public comment? >> hi. i'm francisco i live

next to the corner and i move forward to the district. i'm in this church. i'm a member and i work in construction and we know of the safety things. and we trying to fix that and we have asked professional equipment but it's not working right now so we need to - are we tried to pull the predicaments to make everything work with safety and try to keep any others out, you know, filters like professional restaurants. and the same thing i have my kids grew up in this church they're good students and i think the church helped us a lot. we doing a lot of good things for the neighbors.

thank you >> good afternoon. i'm arthur. i live one block away from the church about 10 years. i frequent the church. i've seen a lot of the things they do for the community sweeping the sidewalks they speak to the hoemgs. i have before and they help the homeless with food and because of the misdemeanor done clinic at the county hospital there's a heavy transmission of homeless people in the area. from 22nd to 21st to - from 22nd to new york and florida in that

area there's two liquor stores and a lot of things theirs homeless exams and the sidewalks are fifty. those are things we should be arguing about. i live botch the laurent they come into the laundry to shoot up heroin. every single day there's people living in the laundry. the church has helped those people are counseling and they need their kitchen interest it generates funds to help the people in need. you know, they have things for the elderly, they have the royal rafrndz for the youth. in the area i live over 10 years

and the person who lives behind me was 17 year-old and one day they shot and killed him. like i said there's 5 liquor stores and two bars ii live in the corner i guess they have they're happy hour at the 2 o'clock in the morning laughing and i have to open my window if there's going to be a initial side complaint. across from the church every weekend there's men very, very loud drinking until you 2 morning. the church is a positive positive impact we really need that church and it's essentially for them to have their kitchen

and any speakers? >> good afternoon. i'm manuel. i am here to support in project and let the commissioners p know it the church is doing a social work around the neighborhood. i lead the men in the church and we often have clean up day where we go and clean up the neighborhood. in regards to the previous comment about the smelly want to point out the stuff you saw in the picture was not working yet it might have been before but we believe this is going to extract all the smell in the air. i want to let you know we're a community church and we care about our neighborhood and we

care about the people less fortunate so i ask the commissioners to carefully take the decision and consider the great work, that the church is doing for the community interest thank you very much >> any other speakers on this comment? on this item? >> good afternoon, commissioners. thank you for the opportunity. i'd like i'm joe's garcia i'm the minister since 1990. i want to say we respect the comments we try to accommodate the changes that need to be done i want to say we're doing

something that the community needs and the kitchen is an essentially part of our ministry. we not only feed the people from the church but we also got out to the streets to the immigrant and to the homeless so i'd like to say that we're willing to work out any issues and would also like to ask you to give us the permit because we do intend to correct anything, you know, that's detrimental to the community. >> any other speakers? okay seeing none, public comment is closed. commissioner >> yes. ms. jackson in

addition to conditions fourteen which is odor control and 15 which is noise control. when the project goes to get a building permit they will have to comply with all the building code requirements with respect to the kitchen facility which i assume means thanks to like sprirlg requirements within the hood itself >> yeah, the building permit will be moved through frier codes. there's also number 9 that requires them to submit a separate sheet with an order control equipment on that we'll be checking that as well >> okay. thank you. >> yes. i guess maybe ms. jackson. so the picture of the captive thing we saw there is that the

system they wanted to install the one in the backyard that we see >> the building was built without permits so in updating their exhaust system it triggered i know it's the violations so that's why the building was constructed without meeting all the current codes so the picture is the new system they haven't hooked up yet and it won't be sitting in the backyard; right? will it be in the roof of the building? >> it's a single story building so that's the position it will be. >> and obviously it will have to meet the code. >> yes. >> since the legitimization of the structure is in the required rear yard as noted by the

neighbors. >> everyone is supportive of the kitchen making sure that the exhaust system actually does help the neighbors in terms of the smell and the noise. i don't know if there's an additional thing we could put in the condition that would help in that regard >> the only thing in the middle of making a motion i would ask ms. jackson if we have a contact number between the neighbors so if there's a dialog issue as the neighbors go along want to voice. >> i have their e-mail and i can get their phone numbers and there will be a community liaison and they'll be able to contact that person. >> commissioner wu.

>> if i could ask staff was there also a question about the property line there was a comment about that. >> i didn't understand what the quay was if i could understand the structure is on your property. >> yeah. uh-huh. so the place is over 2 feet to my property line. i don't know who did the bay or whatsoever >> okay. thank you. >> but the people over to my property line. >> thank you, thank you. so we don't have any information about that in our packet. i don't know if that's something we can address today >> we couldn't allow or authorize construction over the property line they have to have a permit so as part of this

building permit that comes through we can assure that it's topts it on the property and not extending over the line and to follow-up. where you have kind of a one-story building that has an kitchen adjacent do very this have to go up to the height of the other buildings >> i think it's - depending upon the estimation if i have an estimation of the exhaust at the rear you need larger blowers so if i have a noise issue so tlirsz there's a balance of the

size of the blower they may need. it seems like they've purposed the equipment that has not yet been in operation so we don't know what the ultimate impacts would be of the systems they have in place there >> so they look at their alternative besides accident main building. >> i don't know if any alternatives were valeted - evaluated. >> if the kitchen were in the building you have to have it you think up to the top. >> even if the kitchen was in the main part of the building you - i understand the location of the exhaust and certainly this was one of my concerns and for that open the variance to work with them to see other

locations that are more suitable. but in balance with >> noise. >> noise so we don't know about this system. >> how often is this kitchen used. >> everyday. >> is it everyday? for the architect or - >> sundays. >> just on sundays? >> could we limit that as part of our motion do you only need it on saturday and sundays? it seems like it's being used more. >> yeah. >> it's a big exhaust adjacent to where poem live it could tip over to more of a commercial

use. >> it's an important comment but also their activities that can occur in the kitchen so i don't know if we want to go to stent no cooking when you do sale lads. >> was there bringing the exhaust to the believe it's citing in the middle of this mid block rear yard. do you look at trying to vent higher-up >> okay there are tool structure the main structure is at the front and the rear there are 20 space between those two buildings. now the kitchen is at the rear cottage we typically exhaust it right there if we want to bring

the exhaust back to the main building you have to go up. the restructure a r is only one story >> i understand that. >> you have to go up to the height of the building. >> i understand that. >> and it takes two applications because it involves two structures. and nike would say it creates more noise because in order for the motor to work over long distance >> it maybe more noise but not in someone's window. >> yeah. more noise. >> not in someone's window it's at the living level and a yes. >> yeah. and i understand the expense in that as well >> i would assume if this is approved in its present form

that fire or health will take a look at this backyard there are concerns will fire hazards and making sure there is enough space between the kitchen and the cluster in the backyard to make sure it's not an area that could be potentially a cause of a fire that would involve a lot of structures nearby because it's a decency area almost all wood frame homes and i think this is out of your jurisdiction. but i would think this is applied that would be done. but to the credit of the chunky was sdrushd about one speaker who brought all the problems in one neighborhood particularly the people that are part of the misdemeanor done project and wonder around with other things.

this is one of the problems the church is filling the gap but no management of the patience for the rest of their lives and i think it falls upon our religion institutions to have to pick up the slack >> commissioner moore. >> mr. sanchez is there any consideration for visible screening of the equipment base if you're a resident irresponsible of how this happened and why it didn't have is a permit is there any visible mitigation that might be a mitigates for adding the visual screen. >> definitely it would be part of a variance decision because that's also one of the items

considered today so it could be credit card by the commission that would be imposed by the variance. >> we talked earlier about live ability i would find it difficult to put might have in the situation of the person who made the comments about the noise and smell it seems to be the visual impact on the quality of our life your bedroom or living room or all of the above each time you look up to get a feeling of a street you don't want to look at exhaust equipment. so i suggest we have the department work with the reasonable solution to sun screening that don't addgh