infrastructure report and on the nexus study and on the infrastructure report i find very interesting because what it's trying to do is have a level service or a citywide basis in an area with lower density residents you don't need as much transit as the higher density area so when we worked on the capital planning meeting, is to affect all impact fees and if you are in a neighborhood with a high person per acre which is the term we use or person per block then your service levels are different for all different facilities, streetscapes, parks. we might be coming back to you to talking about how the capital planning committee is interested in using that information to do our overall city capital plan for all infrastructure. how do we think about the

upcoming residents and growth. the second piece, i think we do actually get to thinking about if bill is higher density. that bill is generating more demand for transit and contributing at a higher rate. the per square foot is a proxy for number of people or number of jobs, either residents or jobs. if you look at the eastern neighborhood fees you will see there is tiering where there is a lot of value and we allow the buildings to get very dense, people are paying at a higher rate and the financial fees ability is greater to contribute on those sites. >> okay. i think what i was getting at i got from what you were saying what i'm getting at is i still feel there is a hanging conclusion

there. i think the point the consultant came to and yes there is more gross feet and more floor for a particular block of land for higher density versus not a higher building, but i felt as though they were saying that in addition to that there are multi- pliers to having the higher density districts in more ways because there is more people. having more people together is affecting the more people and having the different fees in certain neighborhood plans and certain projects versus other ones.

>> yes. i'm happy to look at the report. the other thing that comes to mind is how do you service more people as they become not 24-hour but have later at night and more multiple functions. let me follow up with you. >> yes. i can follow up. second to last thing. you started my next comment on rec's and open space. i feel like the max you -- maximum supportable open space is that conclusive, is that fee, i'm going to ask the question, is that fee conclusive when you have projects that provide privately owned publically available space or is that the fee that goes to the city that gets put to parks and recreation

publically available space. >> it's for the publically available space, the space that is required as part of the planning code is in addition to what we are talking about here. >> okay. i think first of all i think that distinction should be made in this report. i will just say in this report and you can figure out how you want to do that. that distinction needs to be made. my gut from reading this report that rec's and open space for non-residential development, that fee, i think the fact that it is common now for us to have privately owned publically available spaces clouds the actual level of service that needs to be provided to the people who use those employees, the non-residents who use those

spaces. to back up, there was a comment in both pieces of the study that employees tend to not use open space near their places of work as much as near their homes. they tend to use near to open spaces near their home rather than places where they work. because those people tend to use the publically available spaces near their homes versus where they work, we don't need as high as a fee for that usage for employees therefore we need a lower fee for non-residential development. i think that analysis is flawed only because i think the fact that privately only publically available spaces are just as highly used if not more than highly used than publically owned and publically available spaces which indicates to me there is an opportunity to

provide more publically owned, publically available spaces near non-residential development. first i would make that distinction what that was for and second, i think it would be good to address somehow how privately owned publically available spaces are used because i think that that is a screen for how much open space is really needed near non-residential development. >president cindy wu: i wanted to ask one question. is there a nexus analysis plan or is that by designated area. >> since 2008, we did do a

citywide feasibility update but we focused on the project that we knew in the pipeline. that is an abstract analysis when you think about it. you will have a chance to see some of that analysis in the spring or winter. >president cindy wu: we talked about how this report covers certain categories separate for transit and housing, would the feasibility analysis cover all of those categories. >> you have to think about how much value is left to capture and it's a policy decision about whether it goes to transit or other consideration. so the analysis is available for all the different policy questions. >> okay, but then the decision on specifically which policy is

prioritized kind of happen maybe in different documents still. >> along the the planning commission we do that and there is a tradition in sfrabs -- san francisco to say we are conferring value on the market octavia plan and the market depends on what we are capturing with. in general this market is unusual and there does need to be some conferns to allow the recapture in some ways. >> maybe, what i heard the director say there has been a call to relook at fees because of the economic situation in which we are in. it's not about a new area plan and a new conveyance of value. >> the question, the issue that comes up is each plan has uses the fees in different ways. some plans have a bigger emphasis on open space

and some on transit. we would need to look at those neighborhoods. the feasibility, they could ask for it based on feasibility for all fees and just to remind you, the feasibility fee, maximum if you will is almost always less than the nexus. the nexus establishes the worst case scenario and how that proportion is did i dividend up by neighborhood plan. just to remind you the proxy limited to how much we can ask for affordable housing and we have to revisit that through a battle measure if

-- ballot measure. what this does is gives us some foundation to do that. >president cindy wu: right. thank you. commissioner richards? >> >commissioner dennis richards: these fees make-up the impact of the cost and the other 70 percent is through the taxes generated. can you help us here? >> sure, i will also be back in january to discuss the implementation report which shows our progress implementing the various plans. for example in market octavia we secured a tlc grant to implement a major improvement to haight street and we are also working with the capital plan committee to develop a 10-year capital plan for market octavia and eastern neighborhoods and other plan areas to understand what that gap is when we start looking at what has mta

and what are they planning to do and what is that gap and how can this city fill that gap. i have been working on this since 2008 and we are making serious progress. >> the short search warrant are is -- answer is we are looking at various sources. >> the impact fees are modest. that's what i hear. wow. how much should we be charging. i think that's more money on the table. fyi. >president cindy wu: commissioner >commissioner michael j. antonini: one of the things you mentioned we are going to be establishing some of the new parks in some of these emerging areas as we have the funding and the space becomes available. and one thing you are talking about is how to

keep thesen livened all the time. one of the things >> as it occurs, you make sure you have the areas around nighttime uses. union square has a lot of activities but others are almost vacant at night like maritime plaza, it's nothing there after dark and it kind of depends on the type of area you are creating but it's important to have some nighttime uses around

them. >president cindy wu: commissioner moore. commissioners, we left under your regular calendar on item 11. this is a zoning map

amendment. >> good afternoon, commissioners, diego sanchez, planning department staff. today i'm presenting an ordinance that will amend the zoning map for the use. it's part of the bay shore blvd home improvement part of that zone commercial would rezone to pdr or rh 1 as appropriate. 1600 court land address and would rezone the property to r 1g and recommends the proposal to the board of supervisors. the ordinance intends to correct a minor variance to

the ordinance and you heard early ier this year and the zone -- aligns this property. the use set is permitted and promoted in the proposed pdr 1 g district and generally afterwards the light manufacturing currently enjoyed in the ipd sud. this concludes my presentation. i'm available for questions. >president cindy wu: thank you. let's open for public comment. >> sue hester. i'm here to actively support this. when we did the rezoning we created a couple

orphans and this is last one. this eliminates all the tables with the zoning on it. thank god. yes, after 8 years of work, yes, yes. thank you. >> thank you. is there any additional public comment? seeing none, public comment is closed. commissioner richards? >commissioner dennis richards: i move to approve. >> second. city clerk: on that motion, commissioners, commissioner >commissioner michael j. antonini: >commissioner rich hillis: >commissioner christine johnson: >>commissioner kathrin moore: >president cindy wu: this passes 6-0. this places you on item 12 for case no. 2014.0417. for 531

castro street. this is for conditional use authorization. >> good afternoon, president of the commission and planning commission this is for an application for 531 castro street. project sponsor conditional use authorization pursuant to planning code section 703.3, 703.4 and 303c and i to convert the existing vacant patio restaurant into

hamburger mareey for conditional use. hamburger will build out a restaurant space. has a total gross foot area of 844 square feet. patio restaurant cafe was established in 1960s. it was closed in 2005. after due to the interior renovation and has been closed since. hamburger mary's it was themed and lgbt people friendly restaurant and that opened on 1582 folsom street in 1972 but closed in 2001. the proposed hamburger

mary's would include other entertainment use such as live music. in the live music will be restricted to the inside area of the restaurant and sound equipment and soundproofing must be inspected and permitted by the entertainment commission prior to operation. we feel it is necessary and desirable to include other entertainment use in the proposed hamburger mary's because it will enhance the further use of the restaurant and will not affect displacement of other neighborhood service use. furthermore, allowing other entertainment use will compliment a mix of goods and services currently available in the castro street neighborhood commercial district and contribute to the economic vitality of this

district and providing additional entertainment option for local residents and visitors of the neighborhood. another issue i would like to mention is the sound technician from san francisco entertainment commission has conducted a sound inspection at the project site and did not detect any sound escaping the premises which would violate the san francisco municipal police code. a further sound test would have to be performed and once hamburger mary's is in operation and live entertainment takes place. additionally, the owner and operator of the building business is the same person and owner operator also lives right in the neighborhood.

so it is a local entrepreneur for this project. the represented owner has conducted a thorough neighborhood outreach and addressed all the concerns from the neighborhood residents and the neighborhood groups and therefore the project gained support from castro merchants and the neighborhood valley association and the market benefit district. those letters of support i believe are included in the packet. and to conclude this project, because this

site is on the east side of castro streed between 18th and 19th street and it is a prime location and it been closed since 2005. so it is really a distraction to both residents and visitors in the neighborhood. we believe the project will convert a vacant restaurant into an active restaurant and eliminate neighborhood blight which will contribute to the economic vitality and the compliment of current mix of goods and services in the castro and will prevent the ability from other retail uses and nor increase the number of the restaurants in the castro entity. third, the project site is well served by public transit and therefore the project should have a negligible

impact and available parking on the surrounding streets. no. 4, the project will create approximately 30 restaurant job openings for local residents. no. 5, and other entertainment use will not only enhance the hamburger mary's operation but performing emerging local artist because hamburger mary's does not have former place and the amount offen at the entertainment takes place in the bar restaurant area. it's good for the surrounding neighborhood and area. that concludes my presentation. if you have

any questions, i'm available. >president cindy wu: thank you, let's hear from project sponsor. >> good afternoon commissioners, john with, here on behalf of project sponsor. we are excited to be here before you today where the project will finally bring back a hamburger mary's restaurant to replace the old cafe in the castro. they have spent time and money improving the cafe space. the commission approved the legalization of space since it closed to renovations. we are now requesting conditional use authorization because there are 12 hamburger mary's throughout the country and there are entertainment uses. it began in 1972

on folsom street with san francisco lgbt community. original location closed in 2001 and the project would bring back hamburger mary's and there would be a live component which will include drag performances and d j equipment. we have worked with the castro neighborhood association for operating conditions for the live entertainment. hours will be limited depending on the days of the week and guarantees have been made with the no sound leak with the noise ordinance and we have had them come out and do testing. we have cleared it and he's going to need to come back and test again before we get the live performance permit as well. we are going to be absolutely sure that we

don't have sound leakage. we have widespread support for the project. as to date we have 672 e-mails of support in support of all the groups, castro merchants and castro, in closing the project will allow for castro districts with the early lgbt culture and we respectfully request your support and we are here for questions. >president cindy wu: thank you. let's open for public comment. gary wise and gill church. >> good afternoon commissioners, my name is gary white. i have a small business around the corner from the proposed site for 31 years.

the current owner of the site has kept the site of the restaurant as well as next door and almost all the rental units vacant since 1999 but he says 10 years. a giant dead zone in one of the most vibrant neighborhoods in the city and more vibrant and is the demand as the major sidewalk work has been completed. hamburger mary's was very popular. in 2007, a group of men decided to open the worldwide chain of restaurants using a suburban knock off of the old hamburger mary's. as is now 12 are open around the world. in order to qualify for conditional use

permit a business must prove that it's necessary or desirable. currently we have a -- bar and other businesses. it appears thereby support for many restaurants in the neighborhoods. my sense is the support comes from people that are tired of seeing the ghost area or the former combination of hamburger mary's. this will be one link in a growing chain of restaurants. if mr. natalie gets cold feet with an idea or will other businesses be open for progress. >president cindy wu: thank

you, next speaker. i have more speaker cards. allen nelson. >> hi, thank you for taking comments. my name is john church and i think i'm the old guy in the neighborhood. i got to the castro when i was 17 years old. last friday i just turned 65. i think i'm the old guy in the neighborhood. i have certain memories of the both hamburger mary's and the patio cafe. hamburger mary's was an activist restaurant long before aids struck. we were raising funds with the no on bridge initiatives. the waiters would spontaneously or the wait staff would spontaneously say, all of the tips are going to the no on six kiddie jar and why don't you add some of your own. they have a long record

of raising money for as an activist business hamburger mary's did likewise. hamburger mary's had something that none of the other restaurants had. it wasn't fast food, it wasn't having flat screen tv's blaring at you. it was a warm and welcoming place where you can take mom and dad to the restaurant and where they can see you made a really good decision about being the person you need to be. it's that you may even thrive as a lgbt person. look at these people having lunch together. i think i'm here as a cheerleader for this and i'm tired of the big hole in the neighborhood in the middle of the blk.