Skip to main content

tv   [untitled]    February 13, 2015 9:00pm-9:31pm PST

9:00 pm
seem to be different numbers. >> keith martini staff my apologies 2 should be 19. >> 19 i guess. >> actually, the pie chart is wrong it should be 6.12015-2016 that annual listed ftes to 2016-2017 my apologies. >> it should be open the pie chart 167881. >> correct. >> thank. >> commissioner richards. >> thank you so much for adding those 3 positions to the short-term rental program this is a good investment thank you. >> commissioner johnson. >> thank you very much yeah. we've gone over this with a fine tooth comic based on our presentation i know we have an
9:01 pm
informational predict only one capital request for the work through 2016 that's correct you're only requesting dollars for one fiscal year? keith martini department staff this stable shows the request last year $200,000 for last year's process for the 2015-2016 fiscal year we're also proposing additional funding for the pavement to parks program in their not capital requests their funding that will be used for materials and supplies and other sorts of expenditures that wish noted specifically sxal not shown on the table >> okay. >> commissioner antonini. >> i will move to approve the budget. >> second. >> commissioners there is a
9:02 pm
motion and a second to approve your budget and work program. >> commissioner antonini commissioner hillis commissioner johnson commissioner moore commissioner richards commissioner wu commissioner president fong so moved, commissioners, that motion passes unanimously 7 to zero and passes you on item 9 academy of art university update informational update and progress report. >> thank you, commissioners the commission requested this and want to give you a brief update since the last public hearing in may of larry subsequent to it we presented an update i'm joined by rick carol and other clearing for the environmental review and also chris our code enforcement manager although great work on the short-term rentals we have individual in the academy of art and from the law enforcement of
9:03 pm
perkins and i'll have chelsea give an update of the environmental review we gave you an update last year and i'll talk about the enforcement. >> good afternoon commissioner president fong and members of the commission i'm chelsea of the planning department i will be providing you with a brief overview of the process of the academy of art or aa u eir the publication is scheduled for february 25th and public hearing on the ian the planning commission an april 18th the eir will have a 60 day review and following the close of the public comment we'll prepare a respond and following the publication the planning department staff will rupture to the commission and request certification of the eir if the eir is certified the
9:04 pm
planning commission may consider approval of aa u entitlement as a reminder the aa u requiring annually gross within the city those four general components of residential units to house approximately 4 hundred students and 6 hundred and 70 homicide thousand square feet of the 12 specific goal e geological areas to accommodate an additional 6 thousands one hundred onsite students and faculty staff pardon an analysis of a project level those sites were required and occupied or identified or changed by a u after the publication of 2010 notice of precipitation or the nope and
9:05 pm
prior authorized changed of use and building appearance at 28 of the 34 of time aa u as long as the publication of the aa u and nope and shuttle services expansion to the 5 project sites or aa u will potential occupy new building in total the future growth the project growth and the legalization approval will result in approximately $2 million seven hundred thousand square feet of institutional region e recreational uses located within the city due to the fact that ceqa analyze the conditions at the time of the publication of preparedness of an eir future condition past actions if they occurred without a permit are
9:06 pm
existing conditions and are part of baseline conditions the primary analysis of legalization approval in the eir will be the action to legalize the uses through the permitting process the city will rely on the eir with considering whether to approve the aa u approvals in addition to provide for information to the commission about the environmental effects of the prior changes from the changes of youth i youth and appearance of the 28 of 34 aa u we're preparing a separate document called the technical memorandum this will elevate the occupation felt building that i aa u to the ongoing operations this is intended to advise the public and commissioner to consider when discussing to
9:07 pm
authorize the uses after the fact together the existing sites and eir through will analyze the operations of the significant 40 properties as well the potential environmental sites of the future growth that concludes my presentation. on this matter i'm happy to answer any questions you may have. happy to answer any questions the commission may have. >> i want to thank chelsea and rick for the challenges half a dedicated a lot of time over the months and years working on the project so thank you on the broef on the enforcement on january 17 2013, i issued notice of violation for the 22 improvements being used by the university part of that was a stay of penalties assume they'll continue to make good process on
9:08 pm
their urban forestry we issued a release of stay wanted to keep them motivated towards the goal that everyone has competing the projects and bringing the reports to the commission for approving or disapproving for promotions for decisions has part of that release of stay i did have a statement in there up to the present time were not to accrue 234i8 november 1st assuming they have the draft proposed and staff worked on this the academy of art have represented this year here they've made sizeable improvements they can discuss this with staff we have been responsive the november 1st
9:09 pm
deadline was not possible we want to have a document that's thorough and complete and accurate and sensible that's 2, 3, 4 everyone's interest so, now we have a date find february 25th which is just american people excellent with staff working diligently so that's some of the status update part of endorsement we released this day there were appeals a so those items were appealed to the brotherhoods and the release of stay we issued a released on 22 properties they decide continued the violation we found it was illegal so only 20 property that are subject to the stay there are other property we saw concerns about and so we felt they did submit part of the process there was an
9:10 pm
ability to file a dr request they did so on the properties and stated they does not contest the violations that were assessed they acknowledge they're in violation of the requirement and site is a briefs were submitted to the board of appeals the only point of contention the assessment of penalty we believe that setting the assessment of of penalties as a goal and keep it moving forward we should do it and made progress having the draft eir published on march 25th and keep the system moving forward and find it necessary to keep litigation moving forward to have the goals of having the items properly before you and there's a question we would like to come back in the coming months numerous projects that need to come before you with
9:11 pm
conditional uses and potential building applications so i think this is something worth considering how to work internal on and coming up with ideas for the commission to consider at a later date there are a good number of promotions that need to come forward and at this point we have identified 19 conditional use authorization and 7 building permit applications that are required to legalize the uses so with that thank you for this time i'll be happy to answer any questions. >> opening it up for public comment comment. >> hello commissioners aim sandy the president have of san francisco firefighters local 74 or 58 and the chair of our toy program i don't know if you're fume we serve typically 35 to 25
9:12 pm
i 45 families here in the city and county of san francisco relevance in the last three or four years we've lost our site at the old firehouse on third street the old safety building is completed folks at the academy were generous to allows us to use their space an jerold street without them step up to the plate i don't know if we could keep the promissory note program going but certainly not successful as we have been in the last couple of years i realize there's issues i'm not trying to convince anyone there's a lot of good that curiosity of this organization you may or may not be aware without that space we definitely could not and would not be successful it's because it's free of charge we have more
9:13 pm
money to purchase toys and have access 24 we've done several events and distributed the toys and collect the toys from there, i want to say that the firefighters and citizens have benefited are much supportive to see things move forward for the academy. >> is there any additional public comment on this item? >> i'm waiting for the fifth attorneys to start saying something for the academy of art sue hester it's been over 9 years coming here i've been dealing with this for 9 years when i brought to the attention
9:14 pm
of the city they were operating on an institutional plays it's been 9 years a couple of things you have e-mails from at least paul worm because i got a copy of what we sent it hopefully to use it is a downer at one point and positive you're looking at their acquisition your looking at eir eir it was absent when they started the technical issue academy has basically violated the law 40 years and they haven't come into immigrants with the law with the instill master plan law eir the housing authority code or other another code we're
9:15 pm
looking for the seating and we are hoping with the transition and the commission i think pardon me supervisor ann necessary might have been here the rest of you came arrested there was intense hearing on the attempts to take over various facilities so i'm asking to not consider this like another case this effects entire neighborhood and entire naishldz naked have been wind up out lower knob hill and tenderloin have taken over resources magnificence and at some point the planning commission and planning department after the eir hearing needs to say enough is enough you're not lout to have no constraints on enrollment and
9:16 pm
not allowed to be a billion dollars company and not allowed to run over the laws of the city 51 i have nothing but good things to say buyouts planning department action in the last year's they've done a great job i say that because the city attorney is here with cage rattling but the enforcement and the hard jobs in the face of the most uncontrolled program i've ever seen in the city i look forward to being here next year thank you. >> is there any additional public comment okay public comment is closed. commissioner johnson. >> okay recognizing that i am speaking before people about have been at the hearing i'll make a quick comment and suggestion to the planning
9:17 pm
director and zoning administrator sanchez what have said we have all received before us and we need to fourth ways to organize the material comment and suggestions the eir itself doesn't address the policy issue behind and it is organization that is essentially assembling on campus without saying city of a campus in a woo the school recognizes so i don't know how much the eir is going to be able to address that that is not a question being asked but one thing that might help refer the progress i don't know. i think this is going to come over 7, 8, 9 there's a lot of cruz and permits and actions to consider i'd like to see a way to tie them together so at least every case report for the cu request we see a map or other description of the other items
9:18 pm
in that file i honestly don't know it is growly of we don't have the policies in place to do that. >> commissioner antonini. >> yeah. a couple of questions as to understanding the dir as it's been presented my understanding from reading this we're considering the baseline what difference exists day or at the time of the acquisition of the academy of the proposed and our analysis focus on the changes their approaching in the future we typically do with an environmental review we don't typically analyze it is that the case. >> we're analyzing everything that was it was basically from september 2010 when the loophole
9:19 pm
will that for this eir went out so september 2010 to the future which is generally 2020 but it is everything they've done at any of their sites since september 2010 we're looking at you know of they have made changed to their shuttles, etc. since 2010 that will be analyzed for their environmental impact. >> aside from the record itself you're going to give the commissioners the notice - the existing sites technical memorandum which is going to try to tell us of changes that may have occurred during the ownership period. >> yes. it will look back to the time they've occupied the
9:20 pm
building and made changed we'll elevate those changes similar for any other project but it is an informational document we'd do this so if there's a historic document we'll prescribe it's an informational document. >> kind of like the historical second in dirs that tell the history of the site it need not go back to the building when the building was first built but historical as to the ownership of the academy has occupied the building. >> so if there's changes made before a u occupied we've not analysis that. >> from the period of the occupancy to december of 2010. >> good, i got it i understand
9:21 pm
we'll be able to see 19 cruz that will come before us and finally you talked about the notice of violation and there are 3 properties that did academy appealed now 23 they've agreed to drop the appeals and approximately an actual appeal on 930 van ness; is that correct. >> two pending with the release of stay and a at one of the 950 van ness quite honorable our path to establish a new deadline we have the february 25th publication date and work with the staff to find the next goal post to reissue with that deadline so that will be the goal moving forward and had discussions their council and i
9:22 pm
think at that point those appeals will be withdrawn move forward with the com pell compliance through the penalties and . >> a lot of the other ones there in compliance with the parts of the program. >> all kind of their rolled into the same issue of a big batch of the notice of violations with the penalty of timeline spur. >> thank you commissioner moore. >> just briefly right to life only what commissioner johnson said what puzzle me it is difficult to do the entire dir with the absence of other institutions in the city has done and done well, that is submitting a institutional master plan, which sets forth the goals the institutional
9:23 pm
goals of the institution as well as its growth where and how including how they run their campus we've asked for this since 2006 and the eir now is as far as i tell unless you tell me audits without having an institutional master plan to bring future applications to the context of the eir. >> if i may clarify the commission accepted an institutional master plan from the academy in 2011 that police station was made in 2006 but the commission harassed after expensive and numerous, numerous hearing the commission accepted and i'm sorry but that particular master plan that didn't have any vote it was
9:24 pm
totally unmemorable i believe this commission the new commissioners all need to get a copy in order to get themselves into what was said and the questions remaining as with these move forward looking at 79 dir as well as the project in particular and if the commission feels there are fwapz then this is the time to use the gaps and look for other tools to do this particular justice. >> commissioner richards. >> excuse me. i have no history whatsoever where the academy of art i don't know anybody that work or goes there i'm approaching this from a balance point of view given that if i'm approach it hope the entitlement process and the enforcement fresh there are good
9:25 pm
things that happened in the past with the what is your name and address academy and not so go things the environmental impact report recorded on things to capitalize and hopefully become more efficient and operate better moving forward my take on thing is if this is a place to start fresh i want to make sure that everything comes clean and the aa u is letting us know if there's 0 more effort in compliance that is weighing heavy on my decisions not future on what kinds of projects i'll are supporting i'm not sure the aa u as ethnics but that is a position that should be established i expect aa u is
9:26 pm
coming forward and ask the zoning administrator if he's discovered changes of use or changes in the operation or violation of what you've indicated that will weigh heavy on me i need you to start fresh as well as me. >> commissioner wu. >> i want to follow up on the questions of commissioner antonini and the comments of commissioner johnson i want to make sure i said and to restate the eir is the date from september 10th we're sierra club setting that as baseline whether or not they were legal so the technical memo don't only receive to the uses before 2010; right? because everything is covered in the eir am i pd that
9:27 pm
correct so the building was carotid in 2008 is that what the technical memo addresses and no, it will address the operations of aa u prior to september 2010 and that excludes their shuttle system and every project that has a historic review. >> if something changed after 2010 or was nothing changed after 2010. >> my understanding they maybe shifted the program around but if there's proposed changes at a property that's been opposed prior to 2010 we're evaluating that in the eir so for instance there's some sites in the eir
9:28 pm
that are project sites elevated they owned before 2010 but approaching to make changes to them so 2225 jerold is one of the sites they owned it i believe in 2005 by their come forward with a different. >> the question clae say the technical memo is addressing the impacts of the projects the sites in use before 2010 recognizing some of those are changed; is that correct? >> yes. by i also you know there has not been significant changes to the sites that are addressed in the memo. >> okay. >> okay. >> so this existing sites memo is the x factor we've not seen before because we're in the situation he didn't see the cu's
9:29 pm
before the eir was addressed; is that correct. >> it's because they are obtaining or seeking to obtain the cus after the commenced use so that's the issue. >> for the commission what do we see used is baseline we're using the sites 83 as the baseline it's different worlds considered in the two documents. >> yes. it is but i mean the point to the documents will provide an overview of the impacts of the entirety of. >> maybe to clarify the urban forestry that's the environmental opposed? analysis you having can take any action you feel appropriate they'll be found as you would
9:30 pm
any other permits or entitlement actions you have the discretion. >> it gets to it so the existing sites memo that excludes the issues not environmental issues is that - >> the existing sites memo is going to appear - >> the existing sites 340e will glow all the resources and transportation and population and housing and describe from the time aa u began occupying that site so to their own ongoing operations. >> it's hard to talk about them without seeing them but i see the two documents so following