to talk and the point is that it is over 40 feet on the north elevation. >> project sponsor, you can submit a rebuttal. >> i will be brief i know that we have had a long day, i am going to leave his arguments about habeus to the city family, other than to reiterate once again that you have jurisdiction in my view, the city attorney can advise you separately, we are here on this permit and any other permits that go forward they are validly issued. the issue around the height is taken on this shroded mystical thing and i want to kind of demystify, he was taken it out there with a vest on with the fellows who are doing the survey and the heavy equipment and mr. cook came out to do the survey, his niece was there and so this is all been out in the open and there is nothing

hidden it was all clear and again, while he claims that there is a flurry of communication from the surveyer and there is only two letters in the record, and the bottom line is that we have given you a survey and the plans document the height and mr. sanchez himself has gone out and measure ited and we need to put this behind us and so please, please, deny the dr and approve this project as proposed so this can move forward and i thank you very much. >> thank you. >> the public hearing is closed. commissioner richards? >> question for the city attorney, is there any jurisdiction issue in your opinion? >> deputy, city attorney, susan, i have taken a look at the information provided mr. zeretky and i have confered with the zoning administrator, there is a new permit and a new categorical exemption and there is nothing that put it outside of the normal review process

and the normal approval process under ceqa, there is definitely a lot of history to this case, and just to address the claims about the board of appeals, proceedings, those proceedings are final and the time to challenge that decision, has well passed. there is also nothing that was provided to us today, that indicates that there was anything irregular about that and has been noted and stated by several people, there was a private agreement between the parties in this instance and that is a private agreement and any of the enforcement of that agreement, would be between the two parties. and i will leave any of the discussion about whether the 311 notification in this case was adequate to the zoning administrator and in terms of the continuance, the city does not plan to issue a written determination on this matter and i do not know of any jurisdiction that the board of supervisors would have to do so. >> thank you.

>> i think that the only thing in this dr, that resonate to me, that actually would work, and would actually want to take dr, would the combining of the two units and i started this hearing, talking about family housing a lot of luxury family housing and what we have a four bedroom, being combined with a two unit, at 800 feet, at 4 to 500 square feet and thes 6 bedroom thises is bigger than 115 tell graph hill and it is huge and it qualifies for, in the getting tired, the first luxury, more than three bedrooms and three and a half million in the back and the value of this and to me, one family gets to move in and the tenant occupied before the fire and one family does not get to live here, but that will compel me to recommend taking dr. >> commissioner antonini? >> well n regard to that staff, has already made it very clear

that it is not before us, because it each unit has been appraised to be above the amount and i think that it is $1.5 million and they are clearly above the amount and so that part tf is not really part of this dr and in fact i am not really sure and i guess that the reason that we have the dr and i seem to remember this case from a couple of years ago and then it went on to the board of supervisors and permit appeals but i don't believe that there was another dr in the past or am i wrong about that? i think that it was a conditional use? >> no ij that there was just the one discretionary review that was filed by one of the dr requesters here today. >> yeah, there might have been one before and then my question is, why is it before, because we have combined plans now, and therefore, they are allowed to file another dr. >> it is before you, today, because it is a revision that

documents changes but discrepancies from the plans and they are also making the minor changes to what you have previously are saying the last time that you did take the discretionary review and you did not have any changes to the project but you took the discretionary review and stated that you did not want them to build or raise it any more than 36 inches which is what they were proposing to do in the first place and so we felt that it should not and it should come back to you and in terms of the dwelling unit merger and it is in the discretionary because it does exceed more than $1.506 million however it is on the permit and on the plans that is before you. and so, you know, certainly that is within your discretion, that i think that that would, and i it raise other policy issues, that i think that we would want to discuss and if the commission would like to have us bring all of those projects before you, because right now, you know, we will not typically do that and so i

think that we will have some other policy considerations in how we will treat the other projects that are similar and i think that we want to discuss further with you. >> i would say no, because that has been decided. and even at the board of supervisors, level, that this is above that amount, and we are not going to bring the projects in and i think that this sounds like basically the same project, as before. but there are some addition and what mr. cabreros had said is it sounds that like of the changes are interior but they are adding the dormers and the impact of these is not significant and then the staff is in agreement that it has been raised to a height that was allowed to be raised and it is under 40 feet,; is that correct?? >> that is correct. and i would, there has been and i think that it has been said exhaustive amount of staff time spent on this project over the years going back to the discretionary review and the

appeal hearings, and subsequently, the addendum and the enforcement of the project and i have been to the site to measure it and dbi has been out to measure and other appeals to the addition of the curb cut, and yes, the staff has worked extensively and he is now as you have other duties in the department, but he has been spent, a significant amount of time insuring that these plans, are in fact, accurate. >> so, based upon that, i am going to move to not take the dr and approve the project because this is a project that basically complies, and the additions are felt to be non-significant. >> commissioner moore? >> for me, it remains a policy issue, just using the discreption of about 1 million or something, to give out to the dividing line about having previously supported a project which restored two units which

is now a project that comes back as a unit merger. and so the next study was never really clearly presented to us, as a number, and the number is being created in a heated economy where even middle class people would have to disagree with that number being kind of for the needle tips the scale. i personally a policy issues with it, for me, the mayor's discussion is a far larger over arcking recommendation that we are looking at the identified city, and the identified cities that take, and it requires me to take a look at every property. and in an rh two, we are encouraged to up hold the zoning that is in place, and the request for the unit merger under this newly revised plan is something like something that i can support.

>> i will support not taking the dr but i would echo the comments from commissioner richards and moore. that if we want to take up the policy, issues around what is the dividing line, if any, that we can draw for the line about what constitutes above the market rate or the luxury housing and how we should do that and be consistent and i would support that i don't support applying that sort of subjective at this point, because it is not our policy to just one project. >> commissioner moore? >> i was on the commission when we reviewed and spent a bit of time working on this project in 2011 and at that time i supported a 2 unit building, and i will do the same today.

>> commissioners mr. is a motion and a second to not take the dr and approve the project as aproposed. >> antonini. >> aye. >> hillis. >> aye. >> moore. >> no. >> richards. >> no. >> fong. >> aye. >> wu. >> aye >> moore and richards are voting against, 5-2. that places you on public comment, i have no speaker cards. >> is there any general public comment? >> push seeing none, general public comment is closed meeting is adjourned.

>> bonnie banks. bonnie banks. my definition of noise is uncontrolled music. without format. pretty simple affair. pancakes, and you're -- people get up on sundays around noon, weekends or whatever. should not be too hard to walk into place. have your audio alarm clock go off for two hours waking your up while you are eating breakfast with many interesting visuals once in a

while. improvisation. listening or not to the person you're playing up against or people or machines. trying to get as many different people in as possible. different genres, experimental noise, electronics, dissonance some drums.a tiny bit of ambient -- the first noise pancake shows, 1999, the first waffle noise, 2001. god-waffle noise, noise pancake came out of cubist art, place

on mission street, brutallo, where the church -- opened up his house and saturday morning cartoons. a big space. you can have everybody set up and barely move equipment around; small room for an audience to move around, walkover and get pancakes without getting burned up in the kitchen. there's like people in their hard-core gabber; people into really fast death metal; black metal. people who don't listen to music at all.

guy like larnie bock (sounds like) set up huge, motor driven harp. i don't know how to explain it. 40 foot of motors that he had running over strings and wires. and then played each string individually with the mixer. there is a feeling of euphoria when somebody's really good at what they do. experiencing a buffer, pushing your bowels out your rear. different. a lot of noise. you don't play clubs with a cleaning schedule, a guy coming in the morning emptying the beer bottles.

you play the warehouse. if you travel around you will see the exact same kind of weirdos doing their own thing. it is like in the bay area it's even more absurd. there seems to be more people that in a place like new york or tokyo. we did a show in new york, i didn't think that anyone was at hardly, and people come up and said i saw the show. i wish they had some kind of breakfast noise going on over there. i think a lot of people were being, walking out of the shows. that was incredible. i can't believe it's over already, after two hours. if you are reluctant to enjoy something like this

it will probably take a mass of peers to sell you on it. it's fine if you stay away. most of the people that come to the shows are pretty happy to be here. you may not be one of them. which is fine. [chain saw whirring] [growling] listen, you are extremely terrifying-- just the scariest undead thing on tv, and i really mean that. i am worried that you could give my kids nightmares if they see you, so i'm gonna have to block you. [sighs] so, that's it. oh, and tell the zombies they're blocked, too.

>> the health commission will come to order and will call the roll. >> commissioner singer? >> he is here. >> commissioner pating? >> here. >> commissioner taylor-mcghee i am sorry that i missed you >> present. >> commissioner chow. >> present. >> commissioner chung? >> present. >> and commissioner karshmer. >> present. >> and i believe that the commission are going to do the introductions. and there will not be a roll call from the commission on the status of women. >> we are going to do the introductions. >> oh, yes and the introductions sorry, and before that, i would like to welcome,