h 2a or b. this actually does have some ground floor retail. it's a housing project under the definition and you go j, subject in j applies. >> i was trying to find that language we do have. can you explain why how you this i this project fits that definition? what part of the definition? >> under h 2a and b it's a housing project. it has residential units in it. that's what housing project is. >> it says residential units only. >> the rest says mixed use. >> there is more to that actually. >> it's neighborhood commercial uses at the first floor buildings are two or more stories for this project, that's the neighborhood commercial use permitted at the ground floor of this property. >> hold on. i'm going to show you this code section. this

issue hasn't really been briefed. you have excerpted this section and you have applied it to this section. we need a moment to define in the code section what you are referring to. >> of course. >> so you are saying the project fits subsection b, 3,

h. >> b. capital b. >> so, b applies, then and it says here under h 1 -- it's h 2b is what it is. >> thank you, yes. >> as used in this paragraph, neighborhood commercial means small scale general or specialty stores primarily to residented of the neighborhood. i don't believe it was stated in the record how what commercial was going to be in that space. >> at this point we don't really know. it could be a restaurant. it could fall into that category. >> certainly, if you don't even know, then we don't know. >> i'm not sure it matters. why would it matter. >> we want to know the act that

you have submitted to us for purposes of us determining whether the findings that we have drafted are appropriate is actually applicable here. we are asking you to help us understand what you've presented to us. that's why it matters. >> i understand. >> okay. >> it's been planned as a restaurant. and i would think that fits this definition. >> okay. then that was the answer. >> okay. thank you. >> we don't know. so that's one of the problems. >> shall we hear from the zoning administrator? mr. sanchez. you also have 6 minutes. >> thank you. scott sanchez planning department. i will be brief as everyone else has been, we appreciate the diligent efforts of the deputy city attorney in these findings and the process that they have

allowed for all parties to comment on that and also understand and appreciate the boards decision on this matter. i wasn't at the previous hearing but i did see a part of it televised. i understand the concerns of the board. however i also share the concerns that were raised by supervisors avalos, kim, mar, campos and by supervisor wiener. this is a code compliant project, it meets all the requirements for the zoning district and meets all the requirements and policies for the neighborhood plan. additionally this project was approved prior to the adoption of prop c and had 12 units for the subproperty. after propc that has lowered, so any projects with similar dwelling units wouldn't have the higher affordability. it's an opportunity to develop a project that is code complying

that provides affordable housing and for that we respectfully request the board reconsider this matter. i'm available for questions. >> question. mr. sanchez, in the discretionary review action by the department there was an item about reoccurring the refinement along hill street. do you know what was intended by that encouragement action? >> i think that it was a balance the commission that had trying to incur some subtle refinements but the primary goal was to ensure the number of units would not be reduced. we certainly feel that the project does comply with the will of the commission and thus

we approved the building permit application. if there were some changes after the planning hearing in relation to some of the design, some of the materials as well, but, we believe that it does meet the intent of the commission and as such we approved it. >> i have one question. does the planning department have a position regarding the section, the state section in regards that the permit holder is presenting before us? >> i'm not an attorney. i would refer to your attorney for legal advice. >> has it been brought up at the planning deposition and planning commission? >> not at any time. this is an older statute. i think it's been on the books for more than a decade. i don't know the exact date it was introduced. so it may have been raised at

earlier times, but this is certainly, i can't recall anything that was recently specifically citing this act. >> okay. thank you. mr. duffy, anything? i would like to see a show of hands how many people plan to speak on public comment on this item? great. if you would do a few things if you haven't already, if you fill out a speaker card after you come out to speak and give it to mr. pacheco and that will help in the preparation of our minutes. folks who are able to lineup on the far side of the room and the first person can come up to the podium. i think we are going with 2 minutes. we are losing one of our commissioners at a certain time tonight. if the line can start

at the edge of the podium. next person in line just keep stepping forward. each person is going to have 2 minutes to speak. the first person may begin. >> thank you, my name is elizabeth. i live on liberty hill street. i want to address the govd code section 655985 that mr. williams mentions. mr. genius recited j 1 about health and safety. but those criteria do not apply here. section 65589.5 j says as you've heard and you see in front of you when a proposed housing development project complies with applicable objective general plan and zoning standards and criteria including design review standards and effect at the time. and then, if it complies,

then other conditions may come to bear, but it does not comply. and your findings say it does not comply. if state law had planted all local authority to design and reduce housing projects except for the case of health and welfare, it would be front page news. the case that mr. genius referenced in southern california, this -- there were no findings made. i'm sure the attorney will direct the board on that new law if that in fact were the case. i hope that the board will be clear that those criteria that he listed about health and safety do not apply in this situation. thank you very much. >> hello, my name is barbara

geshg. i'm a long time resident in san francisco. i just wanted to say that i am in support of the adoption of your draft findings and would also like to speak to some of the comments that were made about the work schedule. i think item h and j or j in particular is very reasonable. my dad was in construction. he did use union labor and they kept to a 40-hour week and built large buildings quite happily. i think this is a necessary condition to not interfere with the operations of the marsh which is a rare treasure and needs to stay in the mission district. also, i think the condition for revealing to

perspective buyers and tenants that there might be a noise issue might be reasonable. i would want to know that in advance. and thank you for your time. >> thank you, next speaker, please. >> good evening commissioners. tim cold on on behalf of the housing action. the december meeting was disappointing and also widely notice. the 2000 plan which the project completely conforms took hundreds of community meetings and public hearings to adopt. thousands of people participated in its formation. we thought it was timid in the response by the challenges in san francisco. one of it's central premises was the bargain that in exchange for fees for residential development the city would offer increased certainty and

reducing risk for a building trademark of housing in san francisco. if we understand correctly, the mark believes the project imposes a mortal threat. by using the 3 units, on the issue of affordable housing, the affordability of san francisco, we believe we have heard some disparaging remarks, the b mr's were somehow not real affordable housing which is news to us. question, with your vote to 3 units and any obligation to fund housing affordability has housing affordability in san francisco been improved. it's not an exaggeration to say if san francisco is serious about addressing it's housing affordability crisis, houses like valencia are going to have to be replicated hundreds of times throughout our neighborhood. on december 11th,

someone needed to stand up for the integrity. i'm sorry that you were not able to that night and ask whether you might not reconsider the decision. the issues at stake in this tiny little project are numerator -- nomadic of the great challenges. >> good evening commissioners, i'm glen moser with the fair oaks neighborhood association. 4-year resident of the mission within blocks of the marsh. at the december 11th meeting, no one said anything about the house. what we hoped that when housing is built at the sight that it will not impinge on performance at the mark theatre. if i were to buy a unit, i would want the marsh to

be an asset. anyone living in that neighborhood would feel so. therefore item g requiring prospective tenants or owners to be alerted of the existence of the marsh makes sense? adhering to the construction hours and limiting them to classes are not disrupted also makes sense. i hope that you will conform to these agreements, thank you. >> next speaker, please. >> i live at 22 south van ness. two 2 blocks from the project. i'm concerned about the housing prices in the area. i was not happy to find they are planning to remove the housing. from on top the 4 units the project already lost from similar

neighbors. while these seven lost units won't make a huge difference to the over all supply of housing, you are telling them they need to take off a floor or two to battle of the area. that does make a difference. if you walk down valencia recently the 5 story building that have already been built don't look out of place. similarly i'm glad this project proposes bike parking for the residents. i think it's what we need more of since this area is more of transit and biking. the relative frequent service and rate by valencia, the walkable grocery store along the neighborhood and within half a mile before i need to drive somewhere. our new buildings need to be encouraged to drive that. the buildings this size and we need the housing

especially the affordable units. please allow 12 units to be built from this site. >> do you care to state your name for the record? >> jeffrey. >> commissioners, thank you for your time. i live about two 1/2 blocks from the proposed site. i'm very concerned about affordable housing and there may have been unintended consequences of your decision. i want to make a few other points. first off i'm a homeowner in my building half to 3/4 of the residents are car free. that's been -- i think that is a great development to

be without parking in a great neighborhood before that. and thank you. >> i have a question. so do you think a building that does not offer parking do you think parking passes or parking permits should be allowed in that type of building? >> i know >> a lot of people are parking in our street and a lot of people couldn't park anywhere else. people couldn't park anywhere else and once we got it, it was easier to find parking on our street. the people, all over my block could park anywhere. >> a building that does not

supply parking, do you think parking should be provided at that building? >> there are lots of buildings that don't have parking and people have permits. i don't know if we should stay consistent to that or to say this is a new building and people should be allowed to have permits. it's a great question and i have debated in my head and i don't have an answer. >> thank you. next speaker, please. hi, my name is candice roberts. the mark has remained to be a place that has provided me a voice and a home to so

many diverse voices. i find it odd that a thriving arts organization of two plus decades is being threatened by a high rise that will house 12 units. it seems odd. in an age where big business and corporate development seems to unfairly win and rule the day, i just urge you to vote from your hearts and please help protect what makes the city vibrant please help us protect the marsh. >> hi, i'm a student and performer at the mark -- marsh.

the existence strengths ens my belief that they will not going along with them. conditions gment -- g and h to make sure they are aware of the theatre and from signing something. i knowu heard stories about the intimate nature of theatre at the marsh so i don't need to repeat that. the intimacy that it does require a quiet atmosphere for those moments and for people to continue telling me san francisco stories of people black and white, gay and straight, old and young. artisan developer. if you are not a performer, i would ask you to imagine to what it would be like when you are proposing marriage to

someone when tles a truck running in the background or having a discussion with your child about something important and all of these crashing noises in the background. the last thing i wanted to address was the 4:00 p.m. deadline. i don't know if any of you have lived near construction. i did for over a year. what i noticed is the construction workers came at 7:00 a.m. when they were supposed to and took a 45-minute coffee and breakfast break which is reasonable and they are going to stretch the time to fill the space. if they are to be there until 6 :00 p.m. they will be there. they don't necessarily need to be there the whole time. >> next speaker, please. >> hello, my name is dan buner. a san francisco resident for 24 years and san francisco homeowner for the last 16

years. as a performer myself and as a frequent theatre gore to the marsh theatre. i have to say that sometimes theater needs silence and sometimes needs to be noisy. for that i ask you to consider and favor all of the drafts. specifically regarding the informing the residents, the future home owners that they would be experiencing some sort of noise potential. as a homeowner i know what it's like. i got a disclosure in my home that there's a recording studio next to me. when you are buying a home and you say okay and you don't realize how much it an annoys you until you are there for a while. for the first date you ignore all of these red flachlgs -- flags. it would be

helpful to know. only with that can you avoid the gut reaction to want to call the police. having living in the city as long as i have, i know there are a lot of theatres, nightlife that have been dissolved because of the noise complaints because of the market area. i know how strange it is for people when they buy a house near the airport, they complain about it and they put restrictions on that. for those reasons. people ignore the danger of noise we have to put it in their face. thank you very much. >> thank you. next speaker, please. >> hello, thanks for letting me speak. my name is anthony ryan. i live close to the marsh and 1050 development. i'm also an artist and teach at the san

francisco state university and diablo college. we are in a midst of housing crisis in san francisco, in the midst of cars killing and maiming people crisis in san francisco. from my perspective dense development does not provide for on street parking and encourages residents for transit and walking. thank you for letting me speak. that's all. >> thank you. next speaker. >> good evening, my name is aideey an abet. i have a performer. i have a petition signed by 278 people in favor of your findings of the draft conditions and i have comments made by the people who signed these petitions. the marsh is

an integral part of the district. the developer should respect the conditions of the december 11th ruling if they want to build next to the theatre. don't let it trump in fairness. the san francisco board need to stand by decisions to mitigate impact on this wonderful neighborhood theatre. and finally, we must not allow the machination of the wealthy to over turn unanimous decisions. it was clearly a sound decision. it seems the next move would be to over turn which would clearly get the marsh theatre in the battle. keep it alive. i remember the find ings. it was an epic moment for me and it's

also reasonable. it's reasonable to expect someone moving into a neighborhood to be a neighborhood. there was only one place like the marsh and i would love it if the existence wasn't threatened by a condominium. thank you very much. >> we'll accept your submissions. next speaker, please. >> hi, i'm judy, i live nearby and on valencia all the time and i love the marsh. i want to say it's in my opinion the only theatre in san francisco that i have been to where you go to and your mind is in consciousness and realization is like change when you go out. it's not like entertainment and i think it's fantastic. i'm looking at the marsh at this your considerations as like

other people have said like a premarital agreement with the neighborhood and the marsh itself and the housing development. this is not just to be considered what the developers needs are but what goes on over time and so, i hope that you will adopt all the draft findings and conditions specifically having to do with this relationship so that people who buy it not just the first people who buy it but people after that will basically be entering into an agreement between them and their neighbor and be respectful of protecting this treasure that they have to sign something i completely am in favor of that. there will be meetings on going to make sure there are no problems. it would be great. that's a short-term

relationship. thank you for your consideration. i hope you adopt the draft findings. >> thank you. next speaker. >> hi, my name is sophia green. i only have 3 points. one is i was not under the understanding that the marsh is asking for a reduction of units. i don't believe they are. that is really nothing to do with the marsh. the other two, i just want to say the condition where you have to let people know what they are getting dmoo -- into and they have to sign it and they are really clear i think is a really good one because we watched the south of market on 11th street have people move in and complain constantly and requirements were placed on the place there and i don't think they can afford that. thank you. >> thank you, next speaker, please.

>> hello, my name is echo brown and i respectfully request that you adopt the findings. i take classes at the marsh. i would like to say the marsh is more than just a theatre. it's a community space that brings people together and that functions as a society in our world. it's our job to protect the integrity of that space by adopting these findings primarily the noise concern. we provide programming so if you allow noise to happen while construction is happening while that service is being provided, then that says that you don't believe in what we do and we have to make sure that we preserve the space for that and say that we do respect the marsh and the function it serves and the community.

>> thank you. next speaker, please. >> good evening. david nolan. native city san francisco. when i was going to school i got art language which we don't get offered in school today. the marsh provides that as after school programs for children. i spent too much time in the war, but thanks to the marsh i got to see a play for the price of a movie which was about depression and like i said i spent too much time in the war and i suffer from depression from the war due to