ingress it was approved and that variance was appealed and the board of appeals denied it the building was the art it came to this commission in 2013, the dr didn't approve that it was an appeal 0 of the building permit and after some discussion it was denied. that was a long meeting >> thank you. commissioner sugaya >> you should start earlier. on valencia street do you remember the number of units >> the original most removed the fifth floor and the revised motion, you know, restored a portion of the fifth floor and

kept the same minimum of unit which is 12 so basically, their required to set it back in the front and rear without loss of revenues. >> so that means the affordable unit is triggered still i mean reinstated. >> yes. >> commissioners, if there's nothing further we can move stone the general public comment commission. on items of interest to the public that are within the subject matter jurisdiction. poovk. commission will be afforded when. the item is reached in the meeting. each member of the public may members of the public may address the commission up to 3 minutes >> closed. general public comment is

closed. . commissioners, that places you under item 9 at the 3571 sacramento street request for authorization. >> need one minute here per commissioners, i want to introduce you to another staff member she is a long term resident and graduated up state she's a former interim with the public works and worked for the city of alameda she's happy to be back in san francisco. >> wonderful thank you. >> the project i'm sorry good afternoon commissioner president wu and members of the commission. the project before you today is located on the 3571 sacramento

street. this is part of the sacramento neighborhood are commercial district that requires a conditional use authorization permit for a hair salon. the ground floor commercial space is currently vacant and the former use was a retail store. a renovation plan will install four washing sinks and no exterior changes are proposed. this will be open daily from 7:00 a.m. actually 9:00 p.m. and expect to have 75 customers per day >> that's not for you. >> the department has received one phone call about the concern for the parking need for the salon retail use and has a

general concern for lack of parking in the neighborhood duce due to over building in the site and zoning requirements don't require parking to be required the departments recommendation is to approve the project. that concludes my presentation. the i'm sorry the applicant and the salon owners are here today and i'll be available for questions >> project sponsor would you like to make a presentation. okay. is there any public comment on this item? seeing none, public comment is closed. oh. commissioner sugaya was that - >> yeah, i'll move to approve

with conditions. >> second. >> commissioners, that places you under commissioner antonini. commissioner borden >> commissioner hillis. commissioner moore. commissioner sugaya. commissioner fong and commissioner president wu. so moved, commissioners, that motion passes unanimously 7 to zero and places you your your receive calendar on market street units 22a and b the mandatory discretionary review. >> good afternoon commissioner president wu and others i'm with the staff the item is for mandatory discretionary review at the a merging on market street. the project sponsor will merger two units resulting in one unit be reduced. the unit proposed for merging are a one bedroom and bath

condo. the smaller unit was appraised at the 3 point millions plus and the larger unit at 8, $4 million. the appraise above the 4. million are demonstratively over financially not demonstratively unaffordable and subtract to subject review it is defined as a unit greater than 80 percent of the land values a of single families in san francisco as determined by the an appraisal made within 6 months to merge it states that the planning commission may increase the 10 percent of the

unit if in the adjust is needed to conserve affordable housing. due to recent changes in the planning code effecting mergers i'm going to give you background this was filed on october 16, 2013, and reviewed against the planning code it explicit quality under the planning code because it didn't meet the majority of criteria and it was not demonstratively unaffordable. at the time the smaller unit was appraised and it qualified. the project sponsor choose to wait 6 months for new appraisals and the department adjusted the threshold.

under the cladding administrative review it is only available for affordable housing. the mayors derivative and the policy changes that result in the removal or loss of a building unit be brought before the planning commission. regardless of whether the unit are proposed for chances. today, the department has received no containments. we recommend disapproval it's under developed under the entitlements and the subject lot is zoned c-3 r and the project was entitled with one hundred and 42 condominium units in 2001 and since the 3 dwelling mergers

have been resulted in the existing one hundred and 39 united mixed use building that will result in a loss in a building that's primary inassessable or demonstratively unaffordable. it should be with the code to obtain legal housing unit. that concludes my presentation i'm happy to a answer questions >> thank you. project sponsor >> hello, i'm paul. along with my business pattern we're working with the architects that owns the two units and i want to thank the

planning commission for hearing our proposal and in particular mr. burns. and as you've heard from ms. burns the department is recommending the proposed merger be disapproved failing below the financially or demonstratively unaffordable houses and it's not in keeping with the executive derivative so i think i want to speak to the criteria and to the recently adapted threshold of $1 million plus. first, the $1.5 million is appraised of single-family home, however, it's board and it's not clear to us as well as to our clients how the single-family

residents is not defined it's compared to not an apples to apples comparison as well as to the condo i'm wondering in consideration is giving to the hoa fees and the hoa fees are over $1,700 a month and on top of mortgage so a number of bathrooms and per skweer costs and a metric go as well as understanding of the hearing did planning commission has debated or questioned the dignifies of a single-family residence so the threshold of 3.2 it is a stretch

to say a one before the accident happened condo anothers 5 million is demonstratively affordable etc. as well the owners particularly interested in the inxhifbltcy among the appraisal and his property tax bill i have a copy of that if you want to see he's been tacked for his property at the 1 million 8 hundred thousand and that's above the threshold it is the average around 1.5 million it's confusing. i think we'd like some clarity on that. speaking of the unit itself it is housed in the four season residents that's a project that was conceived and approved the

san francisco nationals and services the hoa intent. again, it is a one bedroom 35er789 with a small square footage providing that as affordable is a stretch. the merger from the housing stock but merging it into a single unit creates a ding unit for a family of 4 with that so it adds to the housing stock in this particular building. so the planning department's report there's been three approvals in the tower and those mergers involve the unaccessible unit so when the tlerltdz is meeting met it makes the thoughtful and erotic threshold

and the realties of the unit. regarding the executive derivative i want to say that this is also, you know, you guys have seen this for several years he's lived there and it's never been available for rental or displacing any tenants it's reducing the number of bedrooms and that's the last point we did originally submit in the fall of 2013 and elected two resubmits and in that time the thresholds has changed and it's truly by a matter of weeks we had the appraisal february 13th and the new threshold was adapted in march >> thank you sir, your time is

up. >> okay is there any public comment on this item seeing none, public comment is closed. commissioner borden >> i know this is obviously not on affordable unit but looking the hoa it sounds like the hoa are $1,700 a month is an rent for an apartment obviously it's not affordable i understand the conformity of the zoning issue but there's no way to rectify that situation in either direction and when a donation was made to build it back in the day but if there's a way to look at those cases this was clearly built as a luxury condo unit it's not subject to

rent control i don't know if people want to spend a lot of money on those unite i'll move to approve. second >> or not take dr approval. >> commissioner antonini. >> yeah. i was a little bit curious from the project sponsor did you say that the taxed that are being paid on that unit are based on $1.5 million. >> they're based on $1.500 as of 2013. >> so it was accessed at a particular time but - >> yeah. 4 hundred or 5 hundred thousands. i agree with the motion and it is sort equal to what that amount is in support of the

motion it satisfies four or the 6 criteria and one doesn't apply but were the standards of the motion to measure it doesn't apply the standard to apply to it when is a hypothesis situation the same number of bedrooms and somewhat repetitive when that talks about the same number of bedrooms it's a reasonable request >> commissioner sugaya. >> yes. what year was that appraisal is that 2013. >> please come to the podium. >> yeah. by the assessors office. >> it's dated june of 2013. >> so it's a current tax bill so he's appraising those say at

2 thousand a square foot. >> thank you. commissioner hillis >> just a clarification on the appraisal amount the tax bill is based on what you bought it for so somebody bought it for $1.5 million so it's ramped up and i'll agree with the speakers decision on this $1,700 will support $400,000 so we're going to get $2 million for our costs i'm in support. >> commissioner moore. >> i feel my case hand caught in the door. just a few weeks ago i asked for

metrics by which we can also address the dwelling unit mergers as looking at the preserving housing stock including within the range of definition of affordable housing for people who already live there and want to buy something. we asked the department to do so the fact that the numbers are being questioned is basically, not in my purview i have to building that the department is doing what we asked them to do to found numbers to gage the perimeters for approval or denial i believe what's been presented to me, i'm taking the information as being thoughtfully prepared but advised with the appropriate people to sit here and deny

something to which i wanted metrics. as to whether i can question the numbers of how they're together but nate's that's not what i - i am using the tools that were given to me that's been questioned by the other. the argument is clear and simple it can't be persuade by the mayors housing derivative so i can't support of the merger >> commissioner antonini. >> well, i think the derivative merely says that all mergers should come before the commission but it doesn't say i can't approve it, it's up for dr

we have discretion and we can exercise our discretion i still support the motion. >> commissioner sugaya. >> yes. to staff on the $1.5 million is that can we get into a little bit of how that is arrived at. is it truly based on single-family housing in the city that's a weird kind of baseline to use >> sure corey for staff i can touch on that. the most current circulations or the code says it should be the 80th per actually including the land values. the updated figure was replicated and simple based on

data that was available in most recent years the sales data filtered to take out market tractions for single families regardless of the underlying zoning and the 80 per actually is the 1.06 is derived from that number is used solely to determine if we can approve that administratively not as a criteria that's considered for the merger itself that's a number to determine in the unit is demonstratively not affordable that we deem it affordable in any way it was simply a bar it is so unaffordable we can approve that >> it's an aggregate figure it

take into account the two bedroom or whenever there's you're not drill down into different types of single family and to follow up single families don't or does it include the condominium units. >> no, it and and the second question question it's overall the single families and the code is written in such a way that the figure is for the review determination whether it's single families or condominiums being merged. >> most of the mergers it seems like to be using a figure based

on a totally different housing type, you know, is an issue i think this needs to be looked at. i don't know whether or not we looked at the comparable one bedroom unit, you know, condominium units whether the price is lower or higher i suspect higher >> it's one of the things on the list to review the whole housing passage with the mayor's office to see if it needs changing. >> that's helpful. although the issue that's been raised by this isn't up for discussion we have a discussion scheduled for may 15 to talk about what should be

administratively reviewed so we'll not be talking about the one $.5 million barrier but we can go through the history of why those projects are coming to us now and how the commission presidents to interpret the executive derivative derivative >> commissioner moore. >> i'm prepared to continue this because i'm searching for metrics by which we can sit here and meet the larger objectives it's not about this particular family living in 75 hundred square foot or not but what we use to guide us to look at the merging of units we're getting favorite away from this by

reducing the number of homes by thirty thousand this is distracting and it's that reason i prop that we continue this after the discussion when we have a clear way of moving forward. we're not getting stuck with the current guidance but looking at this project are a boarder understanding among ourselves >> commissioner antonini. >> yeah. i would like to consider this today, i think my interpretation of the derivative and what we're looking at is to restraining order try to address not the sheer number of units because we're building tens of thousands of new unit under construction but the derivative is trying to keep units affordable and most particularly under rent control and adding

protections for this it doesn't say that but the exception and anything we find out under our discussion in a few weeks is not going to change the position where the values as stated by the discussion for xhopdz will probably be a lot of different on the single families for comparison. something that didn't fit the matrix of even vaguely affordable we're not going to spend time on so an individual trying to find a home and a lot more home someplace other than other than the four seasons so saving one house is not going to help the housing crunch

>> commissioners a motion and a second on the floor. commissioner antonini. commissioner borden arrest commissioner hillis. commissioner moore. commissioner sugaya and commissioner fong and commissioner president wu that passed 6 to one with sxhovr voting against. commissioners, that places you under you under general public comment comment there are no speaker cards >> is there any jane kim seeing none, public comment is closed. none, public comment is closed. and the meeting is

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board of education of the san francisco unified school district for tuesday, april 8, 2014, is now called to order. role - roll call, please. someone roll call, please. >> roll call, please. >> thank you. commissioner haney. commissioner maufas. commissioner mendoza-mcdonnell. dr. murase. commissioner norton. commissioner wynns. president fewer and ms. away. please join me in the pledge of allegiance.