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>> good afternoon and welcome to

the planning commission regular meeting for november 13, 2014, i'd like to remind members of the audience it do that the commission does not tolerate disruptions of any kind please silence all electronic devices. that may sound off and and when speaking before the commission, if you care to, do state your name for the record. i'd like to take roll at this point arrest commissioner president wu commissioner fong commissioner antonini commissioner hillis commissioner moore and commissioner richards we do expect commissioner johnson. >> commissioners first on our agenda is consideration of items proposed for continuance at the release of agenda there were none we have a request from commissioner richards to continue item 16 for case at 4 6127th street a request inform discretionary review to a date

to be determined and item 15 for case at 37 there 68 fillmore request for a discretionary review have been withdrawn. >> so you should tomato take up the matter both the dr requester has asked. >> we have a number of public comment cards sorry i can't read this handwringing. >> good afternoon commissioner president wu and commissioners my name is michael i'm the dr filer i'm a resident of the at 47927 of the in the historic district in addition i'm a

preservation architect practicing thirty years in san francisco i come to this hearing with professional knowledge we respectfully request the continuance for the hearing the documents you have in front of you have been known to be inaccurate i've informed the planning department of this problem and through a couple of communications i've referred an actual photograph the in front of the building referencing some data lines across this here very easy to see what the design and size of the building the relationship between the two knows nothing happened we have done a little sketch showing inaccuracy i'm

going to move over this is is not quite large enough this dimension is inaccurate but over 3 feet and it's very easy to see and it favors the development project i joe just don't think we as community members can trust those documents to are accurate especially they favor the project and inaccurate in the square footage it will well serve the commission and community those drawings are corrected they did attempt to the developer was aware of the inaccuracy showed us corrections in august and could have submitted them they finally submitted corrections after the package went out they know they're wrong but no action as early as april that's not a good

policy we need to have correct documents it's a big project and it effects off by feet that's a lot of volume being added to the development project we respectfully request a continuance. >> thank you for your time appreciate so much. >> thank you. next speaker. >> good afternoon. my name is is tom and i'm and then immediate neighborhood kitty corner on duncan street he support the continuance for the reasons stated in the request another short coming of the project sponsor his own house is immediately adjacent to the project site and forms a key part of the complex for the new

construction the package fails to show the project sponsors house over the many months it is renovated and appears different than the plans before you as you can see from this photo - the from this photo which shows the front of the house the front of the sponsors house on the left immediately to the right is the project site that and then the rear of the house whoops sorry again, the building on the right is the project sponsors current house the building on the left is the project site and as it shows the sponsors 455 house does not look the same in

the plans priority their house is a critical component of the project it - it must be portrayed granting the continuance will enable the sponsor to upgrade his plan set to let you and the public to look at the proposed facts as you. >> next speaker. >> good afternoon. i'm gay good, i live on duncan that was my husband we're immediately a adjacent neighbor kitty cornerer so the site i support the request for continuance for the reasons late out in the letter the plan set was inaccurate they tried to insert the two shapes that were correct at the last minute and did get there in a

timely manner i was talking to the maybe so about this problem for example, on those two sheets to correct the problem there's a scale on the 311 that the public got no scale on the plans those are the current plans before you it is very, very hard especially for the law man within one hundred and 50 feet understand what is going on with the project i mean, if you don't grant the continuance then and then you see those two plan sheets later this afternoon you'll be having one set that has a scale and one set that has one or two sheets that maybe correct nolo contendere annuity no way for

the average person to sdpifr what is going on all you have before you is the elevation space basically, that's what it is all about way rely on and we rely on as the public and i hope that you grant the continuance i think it's a valid request and we could come back at another time with a complete plan set and you get it as well as the public under the 311 a lot of people within one hundred and 50 foot radius waiting to see what is going on and other issues when people met with whom and how this evolved i'll be glad to talk about by the main reason is for the continuance that is laid out in the

gentleman's letter. >> thank you. is there any additional public comment? >> good afternoon commissioner president wu and commissioners david silverman we disagree with the commenters that spoke the plans are correct as they are they're talking about the front of the building and arguing about a couple of inches still nothing happening at the front of the building it's being raised by one foot and a half with for the garages i'm not sure what the complainant is there's no construction there and the as i say the numbers that they're using their complaining about are within a few inches that's showed within

the plans the plans are correct by the staff on many occasions the architect that is here to go over details you wish but nothing going on in the front of the building this is an item in a teapot aid thank you. is there any additional public comment. >> hi, i'm ryan the architect for the project just want to look at the two images of the lower one there's a 311 elevation and the upper one is the clarified elevation and looking at from a general standpoint does anything sticky out to you i believe the offer lazy were misconstrued the dimensions are off i checked the

dimensions on the 311 what we had with the revised measurement. >> approximately about 10 inches between the lines of 40 61 and 465 i have lots of images if you want to see the images we did a lot of surveying but we surveyed the property and found incorrect provisions and submitted them to planning. >> is there any additional public comment okay seeing none, public comment is closed. commissioner moore. >> i would support commissioner richards request for continuance i would agree with the further comments there are a number of ambiguities in the drawings and a general lack of standard of care how those drawings have

been executed in addition to on the opening sheets scales missing as i mentioned there they were quite unclear the scale in which the drawings are done including the way in which they're printed leaves the entire at the time set muddy and confusing i'm trained to look at drawings and understand them i had a hard time until i got a call from commissioner richards and said can you meet with me and i said i can't meet with him for the drawings accident drawings are explanatory and follow standard rules by which the commission ask asking for a clear set of drawings which those are not maybe only to black or white drawings that don't give depth into the building because that

any out lines of the building is black and the magnificent with sensitivities to a drawing that track across i believe if so architect is convinced his drawings are correct he fshd reuse them and look at the information that is indeed missing are clear and documented and we will continue it to a date not into the future in order to do every party correct i'm not going to sit here and go through the argument and this and that that's between you and the architect indeed is going to to summit somethings that's legible to a planning commission. >> commissioner antonini. >> yeah. i have a question for the gentleman question about your comments early on i think upper saying that the representation of 465

was inaccurate and it actually is higher than it's represented as being in the drawings we've seen. >> the drawings show the 465 being higher than an actuality thus favoring the height of the development it makes it seem lower nipping to the western neighborhood on the have on the wedding the effected neighbor that draur marketplaces the mediate e height of the western neighbor to the height payroll wasn't 465 been changed and 4 b 5 oh, we're talking about a different place. >> the 455 the eastern property the development project. >> yeah. >> and we have the western

neighbor. >> the we were neighbor you claim is misrepresented and the height is higher than it is actually. >> those drawers the red and madam chair are over laying the two k34e79s one for the 311 and one from the corrected drawings we've seen as early as august from the projects in community meetings. >> and the other part of our comments we didn't have the current rendition of the rear what that looks like we had an early make nation. >> those dimensions track around the entire building it's hard to register those all of those dimensions as a relates to the adjacent property it is a magic building where the rubber meets the road. >> there was a challenging

change for what the project sponsor asked for and agreed to a compromise. >> planning asked it be raised 18 inch. >> everybody is in agreement so thank you for your comments i appreciate it certainly i will listen to what is said when fellow commissioners ask for continuance i am reactive to their desires although staff has given us a good thing and commissioner richards. >> a start for commissioners when i open up the package the 3 subject properties there's no graphic reconcile i'm trying to figure out i never spend a lot

of time i called commissioner moore i think this is thirty i've done this is one that deserves continuance it is extraordinarily for me to ask so i appreciate our continuance. >> is that a motion. >> commissioner is to happens on our advanced calendar a couple of drs fell off the november which is next week and then also december 4th you could add a discretionary review as well as december 11th if i so choose. >> i move on december 11th. >> and i also hope that maybe the department will look at what happened and the neighbors can sit down and look at it what happened give it a shot. >> do i hear a second.

>> yeah. he second that. >> empires a we have a motion and a second to continue item 16 for case to december 11th on that motion commissioner antonini commissioner hillis commissioner johnson commissioner moore commissioner richards commissioner fong commissioner president wu so moved, commissioners, that motion passes unanimously 7 to zero and as noted item 15 has been withdrawn commissioners that places you in our consent calendar constitute a consent calendar, are considered the planning commission, and may be acted upon by a single roll call vote there will be no separate discussion of these items which event the matter shall consent calendar and considered as a separate item at this or a future hearing. item one case.

>> sorry commissioner richards. >> i need to recuse you myself from item one i live 3 hundred feet. >> let me call that item and we'll deal with our recuse item for market street conditional use authorization commissioner richards is requesting to be recused. >> motion to recuse commissioner richards. >> on that motion to recuse commissioner richards on the consent calendar commissioner antonini commissioner hillis commissioner johnson commissioner moore commissioner richards commissioner fong that he commissioner president wu so moved, commissioners, that motion passes unanimously 7 to zero san francisco ethics commission you are here by recused on item one should we take up that matter now and will be considered separately.

>> yes. >> okay. so any public comment on item 1? seeing none, public comment is closed commissioner antonini >> move to approve item one. >> second. >> on that motion to approve commissioner antonini commissioner hillis commissioner johnson commissioner moore commissioner fong commissioner president wu so moved, commissioners, that motion passes unanimously 6 to zero and we can continue with our consent calendar item 2 case at 332216th street condominium conversion subdivision and the next at pine street request for conditional use authorization i have no speaker cards. >> any public comment for items two and three okay seeing none, public comment is closed.

>> second on that motion to approve items 23e under consent. >> commissioner antonini commissioner hillis commissioner johnson commissioner moore commissioner richards commissioner fong commissioner president wu so moved, commissioners, that motion passes unanimously 7 duo to zero and places you under commission matters adaptation of draft minutes for october 23rd, 2014, any public comment on that item on draft minutes? public comment is closed. >> move to prevail draft minutes. >> second. >> on that motion to adapt the minutes for october 23rd commissioner antonini commissioner hillis commissioner johnson commissioner moore commissioner richards commissioner fong and commissioner president wu so moved, commissioners, that passes unanimously 7 to zero and places you on item 5

commissions questions or comments. >> commissioner moore. >> i'd like to ask the administrator sanchez about the update on the academy of art. >> so we sent a memo to the commission informing the status at that time, since that time we've made progress with the academy and provide a written memo to the commission as well or an update hearing to the commission if you would like or specific questions we had an enforcement on are there will street this implicitly when is one the properties the academy can't legalize and the board of appeals had a hearing schedule and the academy withdrew their appeal and with this case as with other cases they've stated they does not have a contest in

mia any way in they're in violations their looking forward to legalize those properties and we view that as progress that's in in a nutshell but we estimate the publishing the draft eir probably no december at this point at the possibly january but they have a new legal council and working and making progress with them. >> the question i want to ask nonsense to the commission and public having repeatedly stated things about the academy as early in april i think it was in april you issued a stern drop-dead warning as of any day thank you then agreed upon date

levy you didn't go finances i'm assuming your administering it perhaps december or january within that valuableness there's a question about your judgment in april where you indeed said as of i think it was november 3rd or something early in the month this will happen where it does it lead to our opinion and enforcements. >> the sternness of that message in april that resulted in substantial change on the part of the academy of art and subsequent we've mad progress on the eir initial deadline was november 1st, i think probable

in retrospect that was autism ambition that is a priority and we've made it such but it is quite complex and staff we have a continuous diagnosis with our staff and the attorneys and staff and the reports i'm getting back we continue to make good progress to work dlooinl and we don't have concerns about the academy daig or seeking to detail the draft eir. >> so the one question it is not a conversation but cancellation the academy acquires large property on van ness between jackson and washington i think where the property is located the holdings are being brought to the

portfolio how can it address the changes and conditions. >> that's an excellent question the property has been acquired by mr. stevens i'm waiting for a report back from dr. stevens for the intended use of property it is not intended for used by the academy of art university and going back several months and years on this it has not been a violation to acquire property the violation is the change of use without authorization in this case after i was made aware of kind of the allocation they purchased the property i visited they're not operating in my illegal way but inform evidence they're using it illegal. >> it was a barky and understand how that works.

>> commissioners, i think we're going to get into a discussion this is not agendized to if we could (laughter) maybe move on to to different topic and agenda device this on a later date and commissioner richards. >> first one i guess i should have brought this up we had a couple states that passed the cannabis laws the d.c. joined colorado and washington i understand california will have a ballot in 2016 i know there's really no movements from a state government point of view to try to regulate this i'm wondering with this kind of train coming down the tracks anything from our situation in the city point of view that passes how we're going to h