affordable housing question here. we could not afford to lose more housing in san francisco and it's still very hard to build housing that i really and treat you all to look very carefully to look at any decision that causes us to lose an entire floor. the street is full. i live right besides many buildings that are taller than what is being proposed very close to that development. i do not think it changes the liberty hill. in fact making the city more livable is a way to protect what the city already has rather than make the city less livable. i urge you to please continue this billion as it's designed at the height it's designed with the affordable housing it contains. thank you for your time.

>> thank you. >> good evening, tim coalen on the san francisco association. your decision is one that is noted. this took the city in the exactly the opposite direction of where it should be going in having modest goals as to what our future is. taking the floor of, it did take off two permanently affordable housing units in a city that needs more. they introduced the housing accountability act and found language for it that says that legislature finds and declares all the fouling. -- fomg. -- following. the lack of housing that threatens california.

california has become the most expensive in the nation. the excessive cost of the housing supplies is caused by the activity and policies of many local government that limit the housing and require that high fees be paid by producers of housing. amongst the consequence are discrimination among those in households and imbalances in jobs and reduced mobility, urban small and excessive community and air quality deterioration. we don't under. we would say you are not allowed to say something is code compliant to move our city in a direction toward environmental sustainablity. it really is the right thing to do for the city that so plainly is in

front of us. >> good evening. i'm the director of the marsh's youth program of the marsh theatre. i want to comment. thank you for the passage of conditions that you did pass at your last meeting . i want to comment on a couple of those conditions. one is the construction hour that limited the construction until 4:00 on weekend. it's a great program supported by the sf yf. we have classes every single day and saturdays as well. we also have 6 weeks of summer programming and we are a very busy program and we do ask you to maintain those construction hours. it would be difficult to conduct classes with a lot of

construction. the other condition i want to support is the condition about the new tenant signing an affidavit saying they understand they are living next to the marsh. i say this because i'm on the board of waliden school in california. when the neighbor knew it was a school, he immediately began to counter the natural noise of the school and the board of the school had to spend a lot of time negotiating with the neighbor to just be what it was what it was the school. i feel this will be the same situation at the marsh. i really want to support that condition along with the hours. finally i want to question the whole notion of the two affordable units. to

my understanding these are not units that will serve the clientele of the marsh. i think that needs to be looked at. thank you very much. >> commissioners, those who are here to speak, i want to remind you that individuals who are employees of the marsh can give public comments but cannot have their comments used as evidentiary information. >> good evening, i'm a neighbor of the marsh. i live 3 blocks away and attend many of the performances. this is the third hearing i have attended and each time i'm in favor of the findings. regarding particularly conditions g and h is likely intention to mislead them to

mr. -- miss inform them. does he plan to work his crew 11 hours a day and does he plan to pay they are for more than 40 hours a week. what has been made evident is that insist ins on active construction is a demonstration of complete disregard for educational artistic programs at the marsh and indifference to benefit that the marsh provides the community uses for the public at large. that is not worthy of your respect. i beg of you to adopt and enforce all of these conditions. >> good evening i'm abet. i'm

happy to keep showing up every month, but there you have it. i do think these conditions are reasonable where i'm considering buying a property i would want to know a theatre is next door. it shouldn't be difficult. sign the paper saying you heard this. there is lots of papers buying a property and this is not something saying it is too difficult. in regards to construction hours it's also reasonable to work with neighborhood when you are moving into a neighborhood and to have construction that threatens the marsh. it is unnecessary. i ask you to keep the findings that you agreed upon last december.

>> i'm peter heinicke. there is a separate procedure for this. this is a continuation of a continuation of a hearing that is on the findings. in my findings it's accurate what was decided and indeed no one was really contested. all the developers tried to do is rehear the issue and that is not appropriate. the findings are accurate. is it within your power to make the findings. it clearly is. you are the board of appeals. you are not the board of rear -- rubber stamping. you are here to look at the design review accrue it i can't --

criteria, while it maybe zoning compliant it is not compliant with numerous design review criteria that are an essential part of the san francisco planning code and process and always has been. finally, there is the technical legal question of whether this thing is covered by the affordable housing act. this is especially a general store. it a restaurant. not a store. if the legislatures wanted to write in restaurant, they easily could have. further more this is not a neighborhood serving. does anybody believe that a brand new restaurant with 15 feet ceilings on valencia stroo it is going to be focused on

neighbors or people coming into neighborhood. the project does not deserve the protection of the haa. >> my name is margaret gomez, a neighbor of marsh and 5 blocks away from this condominium where it would built. i'm in favor of the conditions decided in december and i'm here to ask you to please keep to that. it was an amazing well thought out decision of course. i'm biased. i'm not an employee of the marsh. i haven't gotten paid yet. i wanted to speak to you about the process. it's called love birds. i go to the theatre just at 6:00 when the

marsh youth theatre is leaving. if you can see the youth in these programs and you see the future and these are people who are going to be in business, people in theatre. whatever they do, the marsh creates an incredible environment for them and it's really important that we stick to the hours for them otherwise there won't be a place for these kids to work and learn what they are doing and have an impact as a city. we are talking about affordable living and the city being livable, but without places like the marsh which we have been losing right and left, the city is not livable and when we talk about housing, we are talking about housing for working people because i understand the two, he didn't want to do the low income units. this is luxury.

i hope you stick to what it's. if not, i will come back. i know we are on public access tv and i know that adds on 20 pounds. >> yes it does. i'm gene gore. this is my fourth time here and i also agree with all of the stipulations that you also so graciously and correctly passed unanimously and i don't understand why the opposition, the developers keep coming back and back and back. and

also i'm very much in favor of having the construction down. i performed at the marsh. i know that i can't imagine performing with construction noises in the background and how very vital and important it is to let people know exactly whenever they are going to be living next to an active wonderful marvelous theatre. thank you. >> good evening, my name is clarence isaac. i have lived in san francisco for 30 years now. i have attended the marsh since it's been in san francisco. to me it's an extraordinarily great place.

to me it was astonishing and belittle i -- brilliant on your part to come up with what is best for the community. the developer i'm sure has a lot of money in this and he has a vested interest. at the same tone he needs to understand the environment he's moving into and the neighborhood he's moving into and needs to accept the decision you made that is you must be a good neighbor and treat your neighbors in a way that is not going to perhaps affect their ability to survive. that's what this is all at stake. for that i thank you for taking efforts to make sure the marsh doesn't thrive and survive.

i think we can coexist. thank you for allowing that. good evening, my name is joy and i'm speaking on behalf of the housing association. i'm asking you to comply with the last hearing. the last california code 56689.5 is inapplicable. i read the law. it's unapplicable on numerous ground because of the process not having been completed. the board of appeals has made it's findings base on substantial evidence and there is well grounded on the planning of the city and the mixed use for special stores. it's a restaurant and i would tad

developer really has though challenge. i support a building with four floors and maybe 10 units and i also support affordable housing. real housing for middle income residents, not below market rentals that are still out of reach for low income renters. as a city we need to respect the land. high priced modern buildings with out landish properties. last but not least the city as a point of last report must pick the marsh theatre, the iconic institution it's become. you listened to both sides on

december 11th and you crafted a solution. it was fair. i ask you to continue to do that. >> hello, i'm lynn lombardy. i'm here for the marsh, for the community, for san francisco. i'm here to reiterate that the findings and conditions that you set out in desert ones that we are asking you to continue to find valid because they are. other people have been more

effective in their speaking than before and i just want to say that i hope you continue to hear the depth of concern of the neighbors and the citizens that live in this area that we don't just start being blah blah blah. the message that has never changed and that's what we want you to remember as you uphold your fine decision that you made in december. >> my name is isabelle barz a. i have lived for 16 years 1 block away from the marsh theatre. i'm a resident for 16 years. my son works with a problem with the marsh

especially myself. i have been a state employee for 29 years. i thought i was middle class but now it turns out i cannot afford the below market rates talked about now. the hoa fees. it's all a sham. i hope that the board that this appeals committee really makes a stand for diversity in this community, not just the residents, but of small businesses. i have lived there long enough to see the place where i can take my vacuum cleaner to be fixed gone, the place where i can get small items for communion, baptism, all of those things that involve family life, they are all priced out. i can see we don't need another restaurant. we need small businesses, things that support the working class and those that

would imagine holding onto the middle class. the mark -- marsh is a great institution in san francisco as a whole. i would hope this appeals group supports it's decision of december and please support real affordable housing, not a couple of buildings and the rest for the wealthy. >> good evening commissioners. my name is ross eld manet former board of appeals and moved a block away from valencia street. i want to thank you for your decision in december. the board of appeals around the process had really

failed. there are potentially significant impacts on this process on the precious institution next door and although lip service had been paid for those concerns and no one came to the address of this body and you did. i think you did the right thing. you stuck to your guns and i would like you to continue to do that. >> good evening. my name is john levine. you can see the buildings that are cutoff. mine is 1823 landmark victoria. ian -- i am one of the most impacted by the 5th

floor and the building blocking my views. i think i want to speak more to the question of preserving a neighborhood, a neighborhood which sort of defines what san francisco is and a cultural institution which does likewise. i think that this has to be a consideration taken into account when you look at decisions made as to why this building conforms to the marsh and fits in with historic district and to be a good neighbor and not a thumb in the eye of the community. >> good evening. my name is gabriel medina for economic

housing community for low income family districts. we expressed concern about this project earlier. i want to express the need for affordable housing. we are very much interested in having below market unit on-site at this project. any consideration you would make having to first consider that and we did advocate for community institution, the marsh. they do serve low income families of many different races and we are very happy to sustain them in the community. third, we would like to make sure that any new development that happens would include a community serving business. there is a lot of pressure for the commercial rents for local community services and we want to make sure that any consideration this developer, this project does include some

consideration for the consumer businesses so families and parents and children have a place to buy goods and services. saying that, we hope this commission will take into consideration to preserve opportunities for sites because they offer opportunities for our residents. that i would support supervisor campos letter as his support ours as well.a good evening. my name is sherrie steiner. i live a block away from the proposed development. i'm here to urge the appeals people to uphold the appeal that has already been decided by yourself and to reiterate the many voiced

support for the smaller building with the same amount of units. i don't understand why the developer is saying, well, if we have one less floor it's going to be more expensive. why is it going to be more expensive for him to build four floors instead of 5? it doesn't make any sense and the concept of well, we're losing affordability units doesn't make sense. i do believe you made affordable housing in the city and i wish you would uphold it. thank you. >> my name is alice mallorca.

i have seen lots of changes. i want to say that i'm very open to change and i encourage change and i'm happy to see valencia going through these changes. i want to show you going first here is the original building with the five floors. this is the marsh. here is the new building with one floor down. when i was here in december, what i showed you is what we were hoping that we were recommending what would happen. yes we have a large building on valencia but it's steps down. it fits into street. as you see along valencia between 20th-22nd street it's victorian. it all

fits within the historic neighborhood. personally i was static when you made the decision. that it was well thought out that it was too massive of a building. it was where kentucky fried chicken was. the building was massivement i'm willing to compromise and take the 4 story building. just stay with what you have. don't make it bigger. thank you. >> good evening. my name is ron jones born and raised here in san francisco. i would like to speak to the quality of life i think the marsh offers. for 4 years i worked at the recreation and the zoo. the

marsh would allow the one place to go. i honor your previous decision. it's a quality of life for those that can't be standing here in front of you. i hope you stay with that decision. >> good evening. my name is lisa valenzuela president of the neighborhood association. i'm here to reiterate again and again as others have done before me that you uphold your findings of the hearing of december 11th. it seemed to be fair, seemed to be the right thing to do. what i would like to speak to is the fact that a building like this actually is out of character for the neighborhood if you look at the buildings that are there on valencia street. it doesn't

have a single detail outside of the building which kind of contrast with a lot of victorians. but one of my main concerns is that a building like this really begins to erode the community that we have in the diversity of the neighborhood. i live on a little street close by that was actually built. the houses there were built the same year that the seventh cavalry lost battle at the big horn. these have always been houses for working class people. there are other houses that supported others but again if you build a building with a lot of units in which the same people in the same economic class are the only ones able to afford them, you really erode the diversity and

community. so please uphold your findings that were made at the december 11th hearing. thank you. >> hello. my name is sue le back and a resident of san francisco and am the secretary of the liberty neighborhood association. i'm here like my neighbors immediately before me to ask you to thank you for your december 11th decision and to ask you to please uphold and confirm that decision. the fundamental message i heard that day was that this building is inappropriate to its specific spot. that is the message that we've been giving since the vebe