hygiene impact. i think the design as it's designed it will be a much better place for people to come and sit. it's a strange connection between the impacts and the group our representing >> i happen to be a resident of san francisco had myself and a japanese-american and this is a valuable and important space to the entire community and a very public space. it's would i do open people can go in there and enjoy the public space. this reconvene formulation makes it an extension of the apple store we talk about the geniuss to come out there and test it. it was a public space the levies didn't open to the plaza and make it an extension of the

apple store is wonderful >> to me having wifi available is an amenity it's not an attraction. that's something we won't resolve here >> director ram. >> you can't make - eir signed of on expectation under sequa doesn't mean the project has not any analysis it has a fair amount of analysis to occurred to justify little information in your packet. with respect to the stockton area we had a lot of concern

about that. that's why you have the proposal now with the large window. we had a lot of discussions about who that what would be a variance on the opening. the conclusion that i came too and the staff came to this particular building it unusual enough that by go adding windows or slot windows would actually detract from the architecture building and that's a matter of opinion. that's the conclusion why this particular approach is interesting. the large window is dramatic along stockton and the staff is recommending approval on this project >> thank you. commissioner johns >> you know a reoccurring at home is who maybe the only at

home is whether or not this building is compatible with the surroundings and the design people and the architects and the political people have expressed their conception of compatibility. i looked at gnat ability this fits nicely into the history of union square. which has been one of the most remarkable retail districts in the country. maybe in the world. you know, if i've been in san francisco i should think more

than most people in the room. so i remember the city of paris and it's contribution and benny haas and others and the changes that each of those retailers have made to the character and history of union square. i see this building which i think to be quit elegant in a way which is different from what surrounds it but then many of the great retail operations of union square have been somewhat different from the buildings that surround them. i see this as part of a

continuum. i never felt that the existing building was appropriate. the triangle i must tell you i thought was bizarre. it didn't reflect a somewhat elegant formality of union square. the steps which are there now i don't know maybe it was commissioner pearlman said people don't sit there. and the positioning of the fountain is bizarre. it's like it was mroptd in the middle in order to seek some approval of some bureau. i think that you know, i went

union square when there were box henlz and trees and it had a little bit of a forbidding elegance. i thought the fountain was elegant and it's very, very beautiful round shape and i thought it was misplaced. now as i review the drawings i think this focuses our eye on the fountain and it does that in a way that recalls the elegance of the design for union square and the enar e elegance there's still echo of that. so i thought it was handled in a completely appropriate manner. and folks here can disagree over

whether there should be a stainless steel metal okay we've got the holiday building it's metal and glass and to me this reminds me, i'm not put off by the large amount of plain wall because i have watched the frankness lloyd wright building on maid even lane it's essentially a blank wall. so i find that historically and just looking at the it historically and through the feeling that union square as projected over the years this is completely comparable.

so - >> thank you commissioner matsuda. >> thank you. let's see where should i start? thank you very much for your legal analysis but i do encourage the other commissioners to read the letter we received from heritage. and then supervisors comments stated today on package 6 talking about city code and charter requirements. i'm concerned but to talk about the fountain. i know that package and turning bell has reached out to the family. i've been in touch with one of the two daughters who's the trustee for the estate and she'd like to be involved. they have a lot of information

that i think would be important to the assembly and the relocation of the fountain that i think needs to be you seriously considered. i see from this beautiful document that the fountain has received some information about the relocate plan but i'm not knowing this is good enough you need to put nor detail into and thought into this assembly and storage and the reassembly of the storage. the creator is not with us so i fear when you try to reassembly this it should be an element or an amendment to what is decided today. the first name was involved they were helping their mother with the plaques in their backyards

they have knowledge about what to do and the ms. sensitive part of the fountain so i strongly recommended they be utilized. i know that a lot of the rurths documents are at the stanford university and with their permission a they'll be happy to share that information. i'm not opposed to it being moved i'm strongly concerned about how that the manner in which that will happen. the information that was part of mr. draerries letter that was submitted to us - where did it go - from the planning consultants was good they did a go analysis and commissioner

pearlman's comments about adding more footage to the stairs around it should be also considered. i'm wondering i could keep going on but i think other people should - >> commissioner hyland. >> well, let's start with what i like about the project. i think the comments about the base has been addressed. the large door and breaking down the facade in the bays is successful. i personally don't have a preference brown whether it's 4 bays or 6 bays. as i said the ar c meeting i think the plaza is a - will be a wonderful space. it improves the context for the roof fountain. i don't have a particular concern about the stockton street facade with exception

maybe setting precedent. some of the things that have not been addressed from the ar c ru6 address one of the scale i don't see the project have changed role significantly enough to change the scale. we could i guess debate whether it brings it down to the pedestrian level or not that's up for debate. i expressed a concern there's no corn on this building it would be in the middle of the block and the design is the same. the height of the building and the staff analysis says it matches the adjacent building bus it's only the bar building it matches. i continue to have concern about the height. the other two buildings at least

one of them the nicky building open the one corn and the other digitally their 7 to the stories so this corner drops down especially there's no demarco in this design. the base as commissioner pearlman mentioned is still weak. >> its a more creative solution than the one we saw previously. >> commissioner. >> i had a question about the dates i don't know how this was dealt with but on the west side the sidewalks go down so you've got a a little bit of a well, how was that dealt with before.

>> previously in front of the of the store it was next to the street so there's no steps so it ties into the level of the sidewalk. >> one entrance. >> so steps open up on the east and west side so there's a flat side in front of the facade that's set back to gain access to the doors on either side. >> yes. i have some additional comments. i do think the addition of the bays has helped to break up the scale and give scale to the facade and commissioner pearlman stressed it provides more of a rhythm. and i would say that in terms of

compatible if you had done a building that's modern we wouldn't like it, it's an iconic expression. so the comparability is having the big demeanors it's not repeated enough i know the 6 bays of representation helps gives a scale of height that allows for compatibility with the district itself. >> there's an irony about the scaling that breaks down the facade but at the same time you have 46 high scaling so all of a sudden you have a hole in the

building so it's kind of a funny conflict. i appreciate it, it's an interesting part it means that the building isn't static and it creates a lot of interest in a high result zone to have a facade and pieces that actually change over time in the winter it's closed but in the nurses weather it would be opposing open so there's an animation to that every time i go, go by there is a positive part of making that more tactal in a scale organization >> i think this district can support a box building because of the elegance of the structure are. it does in the district because it's simple and straightforward. that's why i like the stairwells stole it has depth to it.

to me it didn't feel like metal >> i do have a question i see lots of fingerprints. i'm wondering if everything is going to put their fingerprints on it is there going to be a coating. >> it will pick up finger oils we maintain on our current stockton store this is the same materials. >> oh, the same materials. >> yep. >> i'll comment we have 4 large issues; right? the plazas and ar c compatibility and the legislation sequa. i'm adding a fourth the existing building in comparison. the existing building when i longtime it is a pedestrian

billboard and they've covered up the walls. in the also been a goofy building and leading into the plaza it felt off. so i'm a huge fan of getting rid of the existing building. the plazas i actually think it will be notifying. we're adding temple thousands trees in the next 20 years this is exactly what f this plaza does. it pays a hire you homage to the fountain it centers it and makes it the absolutely crown peak of that plaza and i think the trees anticipate the distance fountain notify you to walk up and spend

time there. i'm not sure on the sun but it seems like it would be getting more sun in the afternoon. so i'm a fan of that. the ar c compatibility on material. i'm looking the existing building it has steel columns this project uses stole in a different way. then you go down to the street to grant like macy's the same thing. unnecessary man marking is a big building behind glass. it's the same materials use ins a different fashion. that's not it. i feel it fits the scale. i mean their shortening a what is there by a if you feet. the legislation and the sequa

though, you know, should we can commenting on that? yeah. and so, you know, then this leads into we have a 4 bay proposal their propping 6 maybe some other questions on the corner. and so i'd like i'd like to hear in the commissioners sort of where we want to go on the legislation we need to solve that is that a continual issue where we comment at the next meeting on the legislation first and go to the promise. we've done that before and i'd be curious if there's acceptable to the combhigs director ram >> the legislation i guess the way to think about the legislation in our mind is simply it's one piece of 50 pieces of planning legislation that comes before the commission

and every time the legislation comes to the department we have to decide whether that legislation itself will affect the resources. in this particular case the call was simply it doesn't flaet affect the mechanism in the code that's proposed it can't affect the resources that's why we choose it. there are many pieces of legislation that come to the planning commission and before the board and so there are many pieces of legislation that come in some fashion be argued sort of indirectly affect the resources. because this specifically says by definition you can't use the

mechanism if it affects the resources so in our interpretation it doesn't require the city attorney to make this call. we have to make in call every time >> thank you commissioner johns. >> excuse me. city attorney wishes to responded. >> city attorney. i agree with the interpretation that's put forth but if the commission would like to hear the legislation actually just to clarify the comments before i want to say this ordinance that is before us will effect the resources prior to page by the border there's no requirement in the charter you have to consider the legislation today.

the board is not going to consider this it's credit card by the planning commission tomorrow but the historic sequa analysis differs as part of the package because under sequa you consider the whole package so it's credit card under the sequa analysis >> thank you commissioner johns. >> okay. after listening to what you said and mr. ram said it seems like this is now putting on the lawyers hat that historic resources are unquestionably excluded under the lengths it didn't offend me at all it didn't take away from our jurisdiction or anything that we are doing. if it were worded differently it would be a different matter but

it so specifically does not apply to historic resources i have no problem with it >> thank you. commissioner johnck >> well, i basically agree with you commissioner johns. i don't think this ordinance i would have been interested to consider this but it's not necessary for this purpose to hear it today. and i don't disagree that the fountain is a historic resource and the developers have treated it appropriately in the new design. we need to think about the fountain as a historic resource. it's important that commissioner matsuda recommended that due care and attention be given to the points about the family being involved and that kind of

thing. i will bring up the madam chair you didn't mention the madam chair. i think it's important whether to move that i don't know from an architecture point of view where it should be and if the madam chair is the end all of the fountain but i think it's very important for the public to be aware of the value of that resource >> commissioner pearlman before i call on you i will say that the comment on the madam chair to add a brazil madam chair for the core sense of the fountain. >> in response defined the historic resource here so that's part of the discussion technically is the fountain is a historic resource. i mean has it been determined to be a historic resource. i thought see. so my question is obviously the building isn't it's not

considered contributing to the district and it's only 35 e.r. 40 years old so if it does affect the historic resource i mean in terms of making the judgment the fountain is in the process t is this something we should be considering. that's role to the department. and i would say to what scale and a exactly i think it's been handled properly and moving it ten feet is not a big deal it's still meeting all the requirements i'm saying technically with the law >> commissioners the sequa analysis of the project stated that the fountain is an individual historic resource and

appendix to that was the historic resource evaluation response which also cites you is to the report analyzing the fountain as an individual resource and finding that the moving it and the placement would not be a significant impact under sequa. >> so any other comments sorry. mr. freeway >> tim freeway is your question whether or not the h pc has review authority and no, no it was a technical question. it feels like everything leads to a lawsuit. and if we are talking about whether this should the legislation should come to the h

pc because of a historic resource present and the department is a saying it's not but then again, it talks about the affect on this historic resource and it's obviously a less than affect we're walking this very, very fine thread of what's appropriate to be here relative to the 4.130 section >> again, i think also to follow up on director rams comments is the aside from the legislation was it states apples commitment to make sure that the fountain be taking care of appropriately mitigates the impact that's why it's category lee equally acceptable. if the commission wants 80 take

action it's completely in our purview to act about involving the family more and having a stabilization and relocation plan >> what we have before us. >> exactly. >> and it still seems liquor it a less impact whether or not they're involved. >> okay. any other comments and i just wanted to suggest that you under the historic resources responded on page 4 it doesn't include love information that i think should be considered so under criteria one i believe that the fountain should be considered under this

criteria because this fountain was created with over 2 hundred school kids and i i think one hundred and 50 form people who live here in san francisco. it was probably one of the first grass rots projects that of created in a public space that's very san francisco very 1970s. you should add something to that and criteria 2 ruth is a pretty white light known figure go to her website and see her pieces of work start at $150,000. this needs to be considered when you consider the individual. and what i can lend to you or give you a copy there was actually