we did not obtain to another at&t s m f installation in the neighborhood open the location. i live there i have an s m f right in front of my house. there would be another s m f right on the side of my house we did a box walk. we identified an alternative site. we just building that dpw shown good faith in the process by denying the installation site at the 100 thorton street and at&t cooperated worked with us until the time they filed for a appeal. we're not official parties to

the suit we're tax paying citizens that are continual being negatively effected. we respectfully ask you deny at&t appeal number 14 dash 0 dash 2 >> thank you is there any public comment. >> thank you, ma'am chair and i live on thorton avenue which is the first house next to the proposed s m f facility at one hundred thorton. i believe that this particular appeal would have been grouped

with another group had it not been with a conflict of interest we subscribe to all the other argument in supporting the dpw denial of this appeal. at&t has skuds have said they wouldn't like to have been here we ask why. at&t would appear to have changed course in a split second and decided they do not want to pressure the agreement we all came to this was documented 0 that they apply for an alternative will site i see that at&t did apply for an

alternative site and possibly requested dpw to not go ahead with that site if that's the situation their tarnish transmittal decided to arbitrate the agreement where they arbitrarily decided to apply for an excavation and we've got to explanation their b.a.'s their arguments on a false illegal presumption because most of them are rebuttal and in our letter which was referred we take issue with each and every argument they make in their brief but you

have this letter as part of our package. i think in short that the hearing officer had every right to make the recommendations that she did which was to deny the original permit but to suggest that at&t go ahead and apply for a second permit and it reiterate they did that for lucy street we don't know why i request the board challenge at&t to give everybody who was effected hundred and hundreds of us why they've broken >> thank you, sir i heard it slightly different from the department i heard they didn't finish the other application not that they didn't continue thank

you i'm sorry what. >> i didn't hear the department say they discontinued the application for the lucy street site. >> i don't know because the entire process of applying for the lucy application we've heard for the first time. >> i'd like speak with mr. quan after this. >> next speaker >> good evening commissioner president lazarus and boards of commissioners, i appreciate the opportunity to speak and thank you for your patience i'm one of the 3 authorize of the statements submitted to you on

april 10th on the appeal i'm a citizen that submitted a protest an april 2012 i'm someone that went on a box walk and attended the december 18, 2013, dpw hearing. as the previous speakers in the parishioners have been explained we believe what's going on and we've studied and read the relevant briefs and documents. we're not observing to at&t appeal on emotional grounds you have the 27 page belief but i want to say that number one at&t has a goal to install one in our neighborhood i quote we're committed to addressing the concerns the community and would

like to work with you to find a suitable place for the cabinet we're saying the public has respond and it's been overwhelming for everybody the dpw outlines the process we the residents who represent the public right away are effected by the public utilities came in theory can accept at&t's objective and willing to work in a cooperate active fashion at&t didn't follow the rules and i heard the claim there was an application for the lucy street in october of 2013 according to mr. quan, however, when i

coordinated with the staff prior to the presentation on the 18 i heard there was not an application so there's miscommunication with regards to the appeal at hand i believe that the dpws action and the denial itself or the staltd disapproval the site is right and dpw acted correctly i ask the board to uphold that decision for if this board will let at&t to follow the correct s m f order >> next speaker

>> good evening, everybody i'm curious stone the executive director of san francisco beautiful i want to thank the president and staff and public for their times and thank you for your efforts to protect the cities right to dedicate time place and manner of those facilities. san francisco beautiful is interested in protecting san francisco spaces and we sued san francisco and at&t seeking environmental review opposing the category california exception for this reason in specific you'll all seen hundreds of protests and doris of appeals. we look forward to hearing the result of the state court on the decision of for our appeal but we look forward to working with

at&t and the department of public works and the board of supervisors to find a solution to make that process workable. and to hopefully, we'll have the opportunity to address the questions you've heard from the neighbors why can't they go underground why aren't there more on public property. we hopefully, will get this information but we looked to work with you and thank you for your time and protection and your hard work to protect our public space up >> mr. johnson rebuttal. >> i'm trying to be very brief the one thing i apologize for having to turn my back to you

while i speak into this microphone i want to explain something. the purchase of at&t filing this appeal was not to install an s m f cabinet we went into the field and agreed with the local residents the better recognition is on lucy street we think it is still on 1800 lucy street i think it's unfortunate that the department has wasted everybody's time and make everybody go through the process when with what the hearing officer could have done a held the >> did you file another permit. >> we did it was simply a

mistake. >> if you had left ♪ take it would be been there >> if the hearing officer had the authority to hold the hearing open in a location where the public agreed what is a proper location even though as an advocate i feel bad there's been miscommunication for the people that waited here all night it wasn't our intention to violate our commitment with the neighbors this is just an example of what's gone wrong with the process thank you very much. >> thank you as well i appreciate it. >> mr. quan. >> i think you're done aren't you. >> i'm pretty sure done as i

stated an application was applied for only waiting for the process and at&t would have gotten their preapproval and got this installed and that's my expectation. >> you said they're standing on principle the way it should have happened to open the process. >> commissioner, i can't speak to that. >> okay commissioners the matter is submitted. >> i'll move to deny the appeals based on the fact they were properly denied based on the code. >> with that motion by the vice president. commissioner fung. commissioner hwang is absent.

commissioner president lazarus and the commissioner honda is reused and there's no further business. before the board this evening we are thursday, april 10, 2014,

idle to voices the members of the audience kind and and when speaking before the commission, if you care to, do state your name for the record. irving at this point commissioner president wu. commissioner fong. commissioner antonini. commissioner borden. commissioner hillis. commissioner moore. commissioner sugaya you commissioners first on your calendar is items for continuance. formula retail controls informational presentation is proposed actually may 44 e 24, 2014 items a b requests for

discretion review is proposed for continuance until may first, 2014 and a variance is tail proposed for continuance actually april 23rd which is the next wednesday variance hearing the reason for the separation the dr is going to be withdrawn but if not, we're continuing that matter out. commissioners hale that's all i have for continuance nrdz >> is there any public comment seeing none, public comment is closed commissioner antonini. >> yeah. i'd like to ask why item one is continued it's an informational presentation. >> that is a request from the

board of supervisors from supervisor mar he wants to have his ordinance heard with ted's report bus that's it or supervisor mar's ordinance. >> it's not an action item for us either day. >> the ordinance i believe would be an action item. >> i'd prefer to have this heard as an informational item before an action item italian-american i'm going to vote against it. we've had a series of presentations and then everyone can mull over those and make their decisions when the ordinance is brought before us. even though it's a supervisors request i like the procedure >> commissioner sugaya. >> move to continue item one

actually, the 15. >> commissioner antonini. commissioner borden. commissioner hillis. commissioner sugaya. commissioner fong and commissioner president wu. so moved, commissioners, that motion passes and is there a motion for item 2a >> commissioner antonini. >> motion to continue to may 1st for item 2. >> on that motion to think continue. commissioner antonini. commissioner borden. commissioner hillis. commissioner moore. commissioner sugaya. commissioner fong and commissioner president wu. so moved, commissioners, that motion passes unanimously zoning administer >> i'll continue this case until april 23rd, 2014.

>> thank you zoning administer commissioners, that places you under under your consent calendar their to be routine of the commission. there will be no separate discussion of these items unless a member of the commission, the public, or staff so requests removed from the consent calendar and considered as a separate item at this or a future hearing. item 3 case no. 23w0 14 at 1440 on filling better street the condominium conversion and the next at the 330 san jose after i have no speaker cards. >> is there any public comment on the consent calendar. seeing none, public comment is closed. commissioner moore >> move to approve. >> second. >> on the motion to approve all

items under consent calendar. >> commissioner antonini pr 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 under commission matters item 5 consideration of draft minutes for march 7, 2014 i want to point out one correction a typo on page 8 under sprshg hills context this warrants additional analysis and calibration not warrant that's a typo >> thank you. is there that any public comment on the draft minutes. >> i think we're doing minor

seeing none, public comment is closed. >> under the same item under david pill powell i think it's not out reached but outreach. >> thank you. duly noted. >> commissioner moore. >> move to approve with the items corrected. >> on that motion to adapt the minutes as corrected. 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 on item 6 commissioners >> i glanced at the wall street journal what city lost the highest percentage and number of jobs in the last two or three years i forgot the time period

they think it's detroit and st. louis they named a bunch of them and the answer was about a large percentage los angeles lost 3 percent of their jobs see pointed out most of its even worse in the low income areas in los angeles sometimes that was 10 to 12 to 15 percent and the causes were employment laws and regulation fees and the ones that gained the most were houston and san antonio and among the jobs created they 0 had a lot of entry-level jobs created that is instructional well meaning laws to increase the minimum wage and they have an effect on death penalty enthe

entry-level jobs. then when we approve projects and various things to make sure that there are p dr jobs and entry level jobs so it's interesting and i believe it's yesterday wall street journal. thank you >> commissioner moore. >> i'm very happy to see that supervisor kim introduces a new legislation on hours balance. declaring an su d with specific boundaries by which affordable housing would be monitored to be concurrent with marketing rate houses on line it's an interesting piece of legislation one richmond to the mayors mandate but complimenting

supervisor wiener and supervisor chiu that innovative proposals looking at housing. there's an article out there i hope the director will give us an update i think this is an interesting pie and love to get more details >> thank you commissioner antonini. >> yeah. i wasn't going to comment but in view of that i don't think this sounds good we did the eastern neighborhoods and people don't want to consider each project a conditional use but be able to move forward. i don't see this is only stifling the affordable housing even less because there are no fees. and each of those projects has fees connected i know we'll get

a report later but if when we talk about the percentage of affordable housing is that only inclusionary one hundred percent affordable or public housing and include rent controlled unit because most of the unit are de facto affordable. once someone leaves their market rate because the rent can be changed but we have to define the definitions of that what is the percentage of affordable housing that exists in this particular area and they gave us a figure in the newspapers regarding the income levels in this ear how recent is that income there's been a lot of growth and newer condolences and rentals that tend to make that

higher. in terms of staff when we moved we'll have to consider this legislation in the next few weeks i'll assume >> commissioner antonini i appreciate your comments please don't get into items that are not k4r5u7b9d. >> those are mainly two things i wanted to ask. >> thank you commissioners, if there's nothing further we'll move on to departmental matters directors announcements. >> i want to comment on the article regarding short term rentals and the role of the planning department. it's a prominent role and it inflated a couple of aforementioned. i wanted to clarify for the commission and public that the departments enforcement actions have nothing to do with

evictions those are private matters between landlords and taentsd relating to leases. the complaints the department has received has entirely to do with unit held off the markets why no one it living in the unit and their rented as hotel rooms that's the vast majority of complaints and actions that we take are related to those types of dwelling units. and, in fact, we submitted an letter to the editor i was concerned that the department was seen as being involved with the evictions we're noting importing and exporting nothing to do that the evictions >> commissioner antonini. >> director ram that kind of

conflict article talks about two folks who were sub letting their rentals there's a concern idiom of those. >> the vast amazement of complaints are no one is is living in the unit full-time and there being a used as hotel rooms. >> commissioners item 8 the past event there was no historic preservation meeting. >> good evening, commissioners there were no items concerning the planning department at the full board supervisor chiu's ordinance that grants status to the in-law unit as you recall this ordinance will allow

legalization of the unit and this was heard on march 16 and recommended for approval on modifications it's with the mayor's office awaiting action and supervisor wiener's ordinance it unanimously passed the board the ordinance allows additional units in the castro this commission recommended 6 to zero for approval with modifications. this ordinance will have the second reading next week. and as was mentioned by commissioner moore and commissioner antonini supervisor kim introduced the city south of market balance district that will amend a special use district in district 68d supervisor kim's district to balance the affordable housing and require the affordable housing if the balance is not maintained. amending the zoning map to

establish the special zone my it came with other co-sponsors including supervisor mar. and receiving to commissioner antonini's comments i believe the affordable is between 90 and one hundred percent a m i i don't believe that rent control is included. with that, that's it >> thank you. >> good afternoon board of appeals last night was a bit of a did you see i didn't (laughter) >> had 5 cases on the agenda 4 of them maybe a note for the planning commission. 11050 van ness street was back