say, however, given for recent changes with the dwelling units reminder equitably the department is conducting a comprehensive view that may result in future revision and the department researched and was in consultation with beginning request the mayor's office of housing with other city departments and other jurisdictions where this nestled bedroom was going they said research and conclusion in consumption with other city agencies shows consistent support for the nestled bedroom there is a two bedroom unit this is at the heart of the issue the appellant eve the code changes back when the interpretations goes away will in the near future is mute those are two bedrooms you'll hear from mr. patrick in a second to sum up

commission did the iconic no. nothing has been presented that changes that result so i'm going to turn it over to to patrick to talk about the nestled bedrooms. >> good evening patrick of martin building company just for a moment elaborate on the nestled bedrooms we've been building for almost 25 years built hundreds of overseeing units indeed hundreds in the eastern neighborhoods and in the south of market they are - we do that because we are passionate about great design and something we've held on to strongly their creative inner solution for one bedroom and two bedrooms units we certainly, if is to hold onto this component we asking could have changed the design this is a aspire design and it is validated by our occupant resident and owners of those

units and have had dozens and dozens of families paved and present living in the units i continuing hearing nothing but positive february on the configuration we know the of all the evidence bedrooms are a solid evaluation so i want to say oftentimes they hear about the nestled bedrooms their ideas are going to something like a windowless room and converted walk-in closet if i could have the overhead. >> it is difficult to see but you'll see the large windows and doors that impact with the living space here's a good example the living room it is a tremendous amount of light as you can see this is a general configuration where the outside wall is this wall

here and the bedrooms are in bound and face on the living space paw tremendous amount of natural light they're nice more au currently the entertainment commission applauded this design because of the nirlt use anyway and want to do in conclusion with this project we are definitely stakeholder and condominium to doing high quality work and committed not only in the $2 million fees we pay we volunteered over $500,000 in payment to jackson playground and improvements in the jackson playground across the street and the project is voluntarily increased the affordable from 14 to 20 percent affordable so there's a lot of merits to this project i ask for your support

and denying the appeal thank you. >> thank you. >> mr. sanchez. >> thank you scott sanchez planning department so the real as i said two issues that are here first, as the and i applicable standards whether or not it was the review criteria of section 329 or the variance in 305 section c it is true that prior to last yr and with the code amendment it referred referenced that was removed and our staff identified one other reference to 305 c as something needs to be removed for the relevant and went to the city attorney for drafting they removal the provision we'll address that by having legislation that be people's exhibit 10 pending before the board next month and reintroduce

them to add back into the code so is a discussion about the criteria but applying the law that didn't have the 305 criteria and in regards with the kind of unusual i'll say it is usual as part of 305 process that is the only provision we don't do that are inform a downtown project with the various project the zoning administrator administered i can't recall another findings on the 905 k it is unusual and coming to the commission i'm surprised to hear that is a possibility but that is what what in the code not in the code currently and take it back to the planning commission to have a public hearing to provide what

the employment standards showcasing should be that will be addressed and been reviewed by this project the appropriate standards to see the laws in effect today and the second item the mixed use requirement the issue is but with the exception is about in 2008, we adopted the mixed use as part of market octavia so today a project certain size percentage of two bedrooms and if you don't mc that or three bedrooms that an exception and the market octavia large project authorization and it could be through the 329 process then the question of what is a bedroom and which is a great question and in 2009 when in the eastern neighborhoods plans which followed by year the market octavia plan it was brought to our predecessor zoning administrator that i think was

raised that the brad had changed went to the international building code much different standards with light and air and early versions the san francisco code and application of the didn't have things like requiring natural light so i know there were concerns about what the quality bedrooms we would see at that point an interpretation was only for eastern neighborhoods so everywhere else in the city the bedroom the interpretation didn't apply only in the eastern neighborhoods and for in particular and for the mixed use requirement i revised this in 2014 to make that more flexible we find if over time after the negotiable adoption of

international building code bring backs to the use for the local code for light and air and quality for bedrooms and for sleeping rooms so we kind of made the interpretation that more flexible and had firefighter discussion about doing away with that and had discussions intense discussions with dbi about adopting their procedures we're still working through that but on the path towards removing this interpretation the code version applies still have to is where bedrooms but more towards what department of building inspection says is a bedroom rather than a different definition so we're headed that makes the need but concerns the neltd bedrooms if done well, can be good sleeping spaces the planning commission found that granting ass will be quality

bedrooms not a question of not providing those rooms it is but it will be absent different style so we're working through those the finer details but we expect it so change with a flexible interpretation if not completely with the building code application and the provision something that might modified only slightly so that's where we are on intersections of the planning commission appropriately reviewed this project and recommended approval of that and did have discussion with concerns with the project sponsor they've addressed all of those and the planning department and planning commission approved the proximately so i'm available to answer any questions you may have. >> thank you. >> thank you. >> so can we can see a show of

hands of how many people wish to speak also want to make sure that folks if you're an officer the association the appellant our time to speak is with the attorney and not under public comment but none not an officer of potrero boosters neighborhood step forward. >> good evening. i'm drew i live others arkansas just a couple of blocks up the street also introduce for 14 years and lived in the 200 block for a year i'm familiar and love the neighborhoods i have a 5-year-old and 9-year-old daughter and a heavy user of jackson playground i said to just provide a neighbor

perspective and specifically address did nestled two bedrooms owe had the opportunity to actually go look at one of the projects in the neighborhood castro in the dog patch and taking into account and what that would look like i thought that the throughout the lay out was great and instead of sacrificing the light and air and put that bedroom inside i guess from a dads perspective a little bit darker at night but those bedrooms still have a lot of light and air during the day so i thought person lovely his ceiling heights appear higher

they're beautiful and as a neighbor i'm excited about folks living around the park and making that more satisfactory so specifically to the liveability and desirability is a positive thing i noted when we were i came to the planning commission to hear the dialogue how careful this was thought throw by the planning commission from a neighbor's perspective he want to show support for the nestled bedrooms thank you. >> as a parent of a daughter no outside assess good job. >> next speaker please. >> i'm this parents of a

daughter and son and i'm raising two kids in the city and jackson playground is a critical piece of green space in the eastern neighborhoods and objective 2.3 requires a significant number of units have two or more bedrooms and encourage family units especially located in close prompt to parks this is not just any space a space with a park in the eastern neighborhoods and we need housing which is more accommodating to families in the eastern neighborhoods when i look at the documents that was approved by the planning commission there the project includes one hundred and 27 units 5 of which have two bedrooms and one thousand square feet a greater number of

bedrooms with a smaller square footage 2 and 3 bedrooms complying but tiny units and they really does not afford family living this is a space which really needs real family apartments and that is what this variance should be required - required and the units mix is critical to the community taking advantage the amenities that eastern neighborhoods have and we don't have very much open space at all so i would the parks fraternal this is the safety park there is franklin park but not let my kids play interest the playground was not properly designated as wildlife refuge they needed more window space this was circle to the building

requirement. >> would you care to state your name for the record. >> i've talked with social their skeptical for adoption. >> next speaker please. >> good evening my name is alison i'm representing castro responsibly he urge you to uphold this appeal the eastern neighborhoods plan established a high threshold for expectations to the dwelling unit requirements as the zoning administrator he described during the planning commission hearing the eastern neighborhoods place was nearing completion with nestled bedrooms were allowed in other neighborhood plans then as now there was concern about our ability to build housing for families it allowed

did nestled rooms for the plan that was approved by the board of supervisors did not allow those rooms to count towards the requirement of 40 percent of requirements with 2 or more bedrooms in the objectives that specifically requires a significant number of units in the new developments have 2 or more bedrooms the expectation with the mix is part of planning code since 2008 and not challenged until now the project sponsors have you belief refrj those to intentionally correct an error in the original plan and it was part of a large package of technical corrections and remove now appears the planning department is now acknowledging it and we've learned they've initiated the

large project authorization to roar the 305 finding your decision to uphold the appeal will confirm the law since the package of the eastern neighborhoods plan that will sure all developers are treated equal we we retain the only tool to encourage the family-friendly housing thank you. >> any other public comment seeing none, we'll have our rebuttal starting with the appellant. >> thank you you can there is a tough case in a lot of ways the issue is not nestled bedrooms that is fine if nestled bedrooms were there in addition to the bedrooms required from the eastern neighborhoods ublt mix requirements the issue is certainly not jackson playground as the developer said that the project density will not change if they went to conforming

bedrooms the same comedics will still be in play what is at issue in this case is what is riders for an exception to the unit mixed requirements and you know contrary to the respondent i cried the code incorporated versus the city of a los angeles we have to look at status and harmonize the parts if you look at section 329 b here b-6 d-7 reads the same way the zoning administrator will use those criteria and the planning commission used 329 in the case of 7 they apply the same criteria with those newly enacted legislation on small projects and then they don't have a criteria to apply that

doesn't make sense and not harmonize the code according the case i've cited we need to look at the protective history that is this is a mistake the legislation mistake lee struck part of code the planning department is trying to fix this and the stakes have happening this mistake came up with the approval the project on ministry the planning department because we've been through the process with those conversations looking at a project for 2 of the two bedrooms units in code compliant and recommend they recognition the mistake and not want it going forward there is discussion about the changes for the zoning administrator whatever nestled bedrooms will quality that's it putting the cart before the hours or horse a

progress to determine how nestled bedrooms any count towards accident eastern neighborhoods unit mix requirement right now the law says they don't count that's why with the exception pro go to begin there. >> and there is oath moving pieces if we need to continue this process until the planning department made the derpgz but i'll suggest we let this project go on as code compliant for the eastern neighborhoods right now. >> thank you. >> sir. >> to with a few closing rakers first of all, the characterization of clean up versus substantive this is interesting i will note that while i don't doubt the have a right majority was clean up that was fixed it wasn't all that way

and in fact, 10 different substantive changes in light 2015 are not substantive issues. >> i think the second issue the point here from our perspective this about nest bedrooms with two bedrooms units not the two two bedrooms units based on the street an different design about the layout not about anything else you can i suppose he could come up with a situation the planning commission could have a situation their predicament evaporates a high standard in a case where 88 arkansas and mr. tuney was trying to do many studios you better have a pretty good reasons and meet the variance to get that kind of

strange project approved in the eastern neighborhoods that's not the case here technically because we need the expectation for the two bedrooms but not bedrooms or two bedrooms nestled if you walk through the plan they are two bedrooms and patrick mentioned additional idea so i think that would be a much easier call for argue for studios but this project as two bedrooms in the project and the final point it is really not that unusual for not to be criteria for none of those exceptions in fact, the process has about 10 or so expectations that can be requested that don't dr. criteria including that one not like? is the most steering wheel uncommon the code is back if the old days very little

combines more guidance now but ever code section didn't have the guidance that's the case here thank you very much. >> thank you. >> mr. sanchez. >> hi scott sanchez planning department just to note a couple of things with regards to the project that was referenced we recommend this approval the mexico planning commission actually did approve the project with the unit mix exceptions and with regards to the section 329 provisions it is actually across the board for smaller projects the eastern neighborhoods created the 329 projects received by the commissioning not dissimilar to downtown projects with downtown review or in other parts of large lots for development the commission can

consider a broad range of exceptions for the p u d the commission is grant expectation pretty much to everything downtown is more restricted for the 329 a set list - so for the 329 railway i can't on intersections of a says i'm there for a variance and they're considering the project on 329 is different so but the variance process is in place for smaller projects not eligible for the large project authorization so if you have a smaller project not big enough you don't net the code compliant there are a couple of exceptions processes but most likely you'll go through the evaporates not usual with the last have perhaps hard

to achieve findings with the variance process that's the way the code is set up true not every provision has the criteria it is frustrating as someone to implement and make the decisions we wonder what they were thinking a general criteria at the beginning of 329 is speaks to you know look at the unusual location and topographic factors so pretty broad it is criteria something that the commission can look at as part of their review so with that, i'm available to answer any questions thank you. >> thank you commissioners, the matter is submitted. >> not everyone alter one

time. >> well, i've been kicking off most of them i haven't heard anything to lead me to on intersections that the commission erred i'm inclined to deny the appeal. >> me, too. >> motion. >> move to deny the appeal and uphold the planning commission on the decision that never erred and adopt environmental vengd. >> can you please put overseeing on the overhead the draft environmental finding for this matter are those the ones your proposing. >> yes. >> thank you. >> so there's a motion by the commissioner lazarus to deny the

appeal and uphold the motion on the basis the commission in error. >> on that motion commissioner fung commissioner honda commissioner swig that item passes with a voted of 4 to zero commissioner honda there's no further business before the boardgo. >> shop and dine the 49 promotes local businesses and changes san

franciscans to do their shopping and dooipg within the 49 square miles by supporting local services within the neighborhood we help san francisco remain unique, successful and vibrant so where will you shop and dine the 49 hi in my mind a ms. medina