use they've established there so they bend for quite sometime without paying the fees that the everyone in the city pa pays. >> is there a solution i'm looking for a solution rather than making a bumpy rode not necessary a solution where impacts historic impact fees are are paid and how is that possible to turn this around and make you a happy camper. >> it's not me but the planning commission has the authority to approve that i don't have the authority this was before the planning commission and they said no to the bottom two supervisors if they said, yes they have or would have paid did impact fees and you know we're here on the

in violation because they've not come mrirld with the commissions decision. >> what are the fees for continuing to operate. >> the penalties under the planning code i think 200 and $50 a day for each day the vision is unabated. >> there was a process in the eastern neighborhoods you could have locked somehow the preceding use before it was zoned. >> eastern neighborhoods program that is now expired and called an amnesty program to answer your question mr. krooub reuben a similar program when the 346 to the south of market

mixed use zoning district i'm aware of any litigate or legalization permit that was legal at that point that was unclear when the uses chang's changed the permit is 87 and called that has a warehouse with the retail and the auction it is unclear exactly had the current tenant came in we saw the permit in the mid 90s more more office to office and perhaps the appellants can discuss the wave of that unopted out building. >> the central soma rezoning you're saying probably not

impact the potential use. >> it may make office more permissive but a whole host of things in central soma it could make office more per administrative and pressure the replacement of pdr i mean, i don't know that it will be any necessarily any easy or better or change things much not do away with invokes and do away with the office allocation process. >> thank you, thank you. >> any public comment on this item? okay. seeing none we'll have our rebuttal. >> so the office use that building started in 1962 and raeven bought that and remained

as a office building an auction house auctioned on the ground floor and on the 3 floors always been office you can find a lot of setup stuff number two the planning commission unless we've done that 50 times in any office very a large volume of work from the appearances here the planning department takes the position not grandfather the office until you have a permit like some use as what is a or retail was the use exist use intended use office that covers the scope of work that covers virtually the entire building with a sign off on the back that's a unicorn they don't exist i don't blame the planning code from wanting to protect themselves that stuff good evening ever happen i'll be precipitated in that board two

or three buildings work themselves with that system the conditional use application a difficult process 4 signatures from supervisors or you need to get the signatures of 10 percent of land use owners the board of supervisors had just passed malia cohen passed a law prohibiting landmarking that hemispheres on 665 and our building 630 we're not getting relieve from the planning commission no point i'm not sure we could have gotten through not a freebie but signatures the central soma plan the map if you look at central soma right now there is our building the scheduled to be mixed use office entirely office, of course, i don't actually on intersections that scott was direct that's what it says anything can happen

we know that but if you read the plan it is office in terms of the fees ravens don't have a problem with paying fees they'll pay them with the opportunity i had pictures here of the two buildings 66 o 5 directly across the street was over 100 percent thousand feet or 80 mr. reuben. >> flush out for me a little bit in terms of the specific details when you talk about the auction house being office versus the retail sales that the folks incorporated as. >> so you know, i think that the image that people think a a auction house a great big area where auctioned are held not the

case most of work is dub in the office or consignment and deals with people in the con assignments. >> give me an idea of percentage of square feet. >> 60 thousand this is an 80 thousand foot building 2 and 3 and 4 floors are office with ground floor with storage and some occasional auctioned. >> what was the split. >> i'll ask danny who visited the store there there were auctioned to draw a lot of people they did them elsewhere and the storage for the con stimulate was the office for butter field and butter field shingles 1962 i've told you about 1980 and no fees for office use scott the va is

referring to the tdif was the transit fee and glad to pay the fees. >> so where we are - well, you want me to get the answer. >> >> gave me enough. >> where we are an enforcement action i get it and understand it was inevitable we've appealed central soma will rezoning district the area and office again and if we have to evict some tenants in a year from now we'll go georgia back to the same tenants a they'll be - not fair we choose to do the thing that worked 100 percent of the time in the past and in the planning code tipping the goals goal to allow the owners with historic building.

>> i'm sorry was your time up. >> thank you. >> oh, i thought i got to answer a question. >> mr. sanchez. >> sorry i interrupted his time. >> scott sanchez planning department so again as was stated in their application from 1987 listed the use of warehouse and had an office listed as office lowered they're parking requirement and maybe not seek and justify a permit putting chair actually puts a lower parking requirement as part of environmental review there was a site visit conducted and need the building was partially occupied with chase and wine and 4 floor administrative office for the auction company and the variance they noted that the

action company dealt with large and bulky items a pamphlet with trademarks and equipment that are available for auction even in the appellants own application for the conditional use authorization they listed the former auction abuse as being clarified as wholesale of good ideas and customer storm this is the light wholesale part i understand they're seeking to try to justify this is as legal office space not in the documents overflow room and the concerns of paying fees it would be great if even paid the fees when necessary converted the office and now they're coming through the process

unfortunately for them the planning commission did deny their application and it was half available for them i don't know what difference the moh they feed to go back to the planning commission for the office allocation he process may say no, not allowing them to convert if moh or not so plus whatever provisions may get added to the central soma plan so again, this is illegal office space not through the process and didn't pay the fees he understand there is some frustration about this we've gotten complaint over the last year or two with the illegal conversion they've not paid the impact fees we want in this process to bring people into compliance and some cases we can legalize and there was a path to

the legalization the commission said 2 stories of office two stories have to comply with the zoning and i'm available to answer any questions you may have. >> i request a have a quick question n s r was filed on october 2015 and want the enforcement notice was someone paying attention and . >> we were getting complaints photocopy from the community the people came out and spoke in opposition and follow-up of the status of enforcement case the commission was interested i've been reported back to the commission that the status of enforcement and we now will report to them tomorrow. >> a silly question you got enforcement and a fee if they don't comply potentially legislation that takes effect

maybe in a year to two years what happened if necessary stay out the compliance and pay the fee until that new legislation comes into place. >> you know this is just not the first time that has happened we have enforcement issues with final penltsdz accrue and typically if we have non-response to the penalty and people are not compliant the city attorney's reviewed it and takes the predicament action. >> 40 thousand square feet and 2 led hundred and 50 day penalty. >> this can you please the concerns you can have one hundred square feet building with illegal and paying 200 and 50 day penalties is not an incentive that is raised as an

issue. >> thank you commissioners, the matter is submitted. >> i'll be clear where i stands. >> go go ahead i kind of know. >> it was the planning commission decision i think that was not adhered to there was a violation i think that need to be upheld. >> so let's talk through through what happens if we make that what's the next step from there, i on intersections that goes the same way either way. >> what happens next is not our issue. >> yeah. yeah. as. >> a reminder this was an error standard. >> well the planning department have their own

procedures and temps timeframes when they pass it on - it's hard to fully accept some of the points made regarding the political compliment climate- i don't know why you're raising our hands the point had i looked at the permit i do so a lot of the permits and so there was a pattern involved in the use there and i'm not sure that i'm

willing to make that determination that it is office space in any form or manner we don't have that particular authority but have the authority to give them a little bit of breathing room we could continue this - >> penalties will still accrue. >> no and he'll have to make they're on business decision based upon what may or may not occur with enforcement. >> i will lean towards a continuance but not towards for the penalties to not keep on accruing. >> yeah. yeah. >> we have. >> money is not the issue at this point. >> right but.

>> i think it is timing they're going to have a make a decision they need to determine gives them some ability to - >> i'm with ann the decision was made they know or knew the decision. >> i'll not support a continuance. >> i don't know - >> commissioner lazarus. >> pardon. >> what did you say. >> i'll not support a continuance. >> okay. >> i'm kind of with commissioner fung and why i rays my hand you referenced the political atmosphere that is the problem here we're facing it completely unrelated issue you know we have to conjecture but i

pointed to the building across the street which is the zoning administrator completely agreed was a similar project seems to have sailed through and then across town there was the interest effect and an emotional political issue even sued and i don't see - that's what bothers me and i don't know how to get over that but that's why i raised my portion there was political emotion i'll support the continuance b it gives us more time to figure this out

continuum. >> but the gel climate they've owned this since the 60s and lirnd. >> i i understand but the initiative to recognize the conditions and to come out and try to resolve those conditions and then there's the emotionally april climate. >> if a decide made by the planning commission with the process that's what the decision was that's also true. >> i think we all understand that quite well, that implies. >> well, let's i'll move to continue this for a period of 6

months. >> you want to. >> on the ground. >> excuse me - >> (laughter) do you want a november date or december date are available. >> i mean 6 months is november, november 9th and 16 and december 7th and 16. >> december 7th. >> december 7th okay december 7, 2016, do you want to say why you are continuing to that date what you want to see happen between now and then or not. >> not. >> okay (laughter). >> yes. you you can the motion by the vice president to continue the appeal to december 7, 2016,

commissioner lazarus. >> no commissioner honda? commissioner swig okay that motion carries with a vote of 3 to one >> okay then the next item is item 12 appeal castro hill boosters versus the planning commission property at arkansas protesting to martin building copy of the planning code large project authorization to allow the new construction of a 5 story weekly with exceptions for rear yard pursuant to the session dwelling unit with the section off street loading and pursuant to planning code 207.6 this is on for

hearing this hearing for this matter was reschedule at the request of the parties. >> what a surprise i need to make a disclosure wish to disclose i've hired reuben, junius & rose on a project as counsel reuben, junius & rose representation as a entity before the board will not have an effect on any decision. >> i'm glad we can do this i'm representing the appellant in the matter you're asked who the exception to the eastern neighborhoods the second does the respondent meet that standard in depends on the answer to the first, we ask you overturn that mixed use project and the large project authorization be conditioned on

the mixed use requirement if our unable you overturn or continue the appeal so the planning commission may have time to legislatively clarify the code relating to project it is helpful for interpreting say we should look at the mixed use with the statutory framework from the languages is more one litter interpretations that results in the third consequence look to the protective history reasonable to read the code with the variance project mixed use exception the context supports this screening approvals in the eastern neighborhoods are split according to size the zoning administrator makes the desertion and the planning commission makes the sdergz sdeshgsz it together the mechanics for large project and

provides the expectation to the code read as a whole section provides a fraction states the applicable in the mixed use cross-reference other code and so forth the standard and looking at those closely the standard used by the zoning administrator parallel each other the provisions allowing the expectation to the parking ratios and open space and on-street parking loading zones requiring the large and small projects they should be read and this state the unit mixed through the variance process so forth in section 304 or 329 through the procedure in celebration this is minimally unclear we're not reading in

celebrati isolation - the eastern neighborhoods mixed use district maybe misdemeanor pursuant to the section 329 the rear yard requirement in the eastern neighborhoods mixed use maybe misdemeanor by the zoning administrator pursuant to the procedures in section 307 paraphrasing criteria met as unclear with the mixed use language and unclear in exactly the same way and large project handled by a different department they see, yes the large project authorization authorization quotes the same provisions and makes philanthropic decision the commission and planning department prepares the motion and the city attorney's found the same criteria under the

section has applied to the zoning administrator with small projects the code is not clear it is responsibly to follow did fraction for the standards to be the same we're not asking. a novel use of reading but a reading that conforms to word it in the provisions the application of the criteria recalled find project size is consistent with the code and therefore reasonable any doubt have not meaning of the status look at the history for guidance further accepting the respondents interpretation is an absurd consequences when applied to small projects no criteria whatsoever will apply to large projects >> the unit mix has to insure we maintain the living rarmentd and not shut families out of the arrangement those with large project and open door to the

mixed use awhile requiring the minority projects to approve the net under the variance criteria it is absurd and undermines the purpose of the unit mixed requirement we look at the protective history and found last december was amended striking the language that says it applies to large project the prior version left no question we must determine why the legislation intended to grant that exception well the legislation purpose was clear and intended to correct the errors and add the language update the code with provisions to simplify the text and put another way to make substantial clean up changes that the code shows the intent to move the criteria many argument should be rejected a - something gesture

should be read at the same kind of specifics update the code to update in a nonsubstantive ways the history shows this is the appropriate reading the legislation the text amendments quote explained because prior code quote various error and cross-references and lack of clarity and grammar mistakes and other errors to correct those errors with the language no mention of the unit mix or any other new substantive changes in the developed new planning code given the purpose of the history no change was intended in the criteria should be continued to be applied the language maybe reasonably read for the criteria for the mixed use exception a

career reason is absurdity and the protective history no material changes from the clear prior version were intend we ask you apply the criteria and revoke the mixed use exception thank you. >> okay. we'll hear in the motion holder. >> good evening commissioners thank you for happening in there prpg commissioner honda andy with reuben, junius & rose representing the martin building company thank you for your attention the legal arguments are clear that was one clear simple idea do appellant is they can't pick and choose the planning code they apply to the project it is coming down to that simple there is really no dispute about the facts and part of amendment the 329 changed in many version

the planning code what the planning commission and planning department staff look at it and approved the project that is today's planning code not finding of any kind to grant this expectation on interesting pattern by the way, really not that unusual that the planning code is riesdz in 2014 over 20 new all the times many 201532 code amendment and there are 8 with 14 more pend if we got into an argument 0 nothing would be settle we point back to this and that shouldn't have been changed the appellant says - again, this is the way the code was written in 2015 and not read the day we had the hearing before the commission and still not there appellant cites no case law and logic that supports that and allows them to point to another

code and let go back in time we don't know what the applications would have done the - that is speculation none knows what the commission would have done from the code was in effect then those finding were not required the code changes were lowering the commission to proceed on the thirsted that issue do of neflthd bedrooms you'll hear in patrick a bitter of a convoluted history the exception an interrogation by the zoning administrator late in 2009 is part of conversation here i'm leaving it to mr. sanchez to explain the history but note that during the commission hearing the planning commission specifically asked mr. sanchez what if that are interpretation good evening exist and mr. sanchez clarified by saying this

exception didn't exist that interrogation the exception would not be required but again none of this changes the fact in finding were required by finding were certainly made the law requires them to be made from the planning code didn't provide guidance the commission makes the finding they did on page 14 the planning commission goes and 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 year 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 pr 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 wed 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 board

>> everyone welcome to san francisco on behalf of the california host committee i welcome you to the clean energy in the great city of san francisco i'm jim wonder man and have the honor of serving at the ceo and president of the bay area council we've been honored to work with the department of energy to put together those events the bay area council is a business association representing major businesses from the bay area and very, very proud of our work we've done over the recent years to address climatic change and

proud and pleased you're here san francisco silicon valley and california have made clean tech a corner of economic development and very, very proud of our results while california has the largest population in the largest economy of any state in our nation we're also one of the most request energy efficient states compared to other states california ranks among the lottery in the nation both for per capital energy consumption and per capita spending it took a lot of work but california has shown you can embrace clean energy and cut green house gas emissions and at the same time grow our economy in fact, since 1990 california has cut its g h g emissions per

capita by 25 percent and at the same time increased other energy by 37 percent how do we do those things because of leadership we have incredible leaders two of whom you'll hear from today so, now let me ask the mayor of san francisco ed lee to come to the stage. >> mayor ed lee is mayor of a global city he's a global mayor he's worked hard to make san francisco one of the most of the welcoming alternate cleanest energy city in the united states of america we're proud of his leadership and proud of our friendship with him ladies and gentlemen, the mayor of the city and county of san francisco the honorable edwin

lee. >> (clapping.) >> thank you, jim secretary and distinguished guests america's cup i'm 0 truly honored to be in the company of so many leaders around the world that share in the belief that action only climatic change is necessary and utter will this gathering that the first step towards the implementation of the historic all the time many of the nations ♪ room drafted in paris last year when i attended the gathering of mayors at the the have and have not's con on climatic change france eloquent expressed a true economic california approach must respond to the cry of the earth and of the poor st. francis is the patriot saint

we pride ourselves on a world-class and great city deficits and qualify and sustainability and social justice are all san francisco values those values drive our commitment to lead and act with resolve only climatic change in san francisco we've reduced green house gas emissions 23 percent below the 1990 levels and we're proud of this especially considering our population as grown by 15 percent and our economy has grown by 49 percent over the same time period and as we grow we are growing sustainability sustainable we are productive first hand that solutions u solution to climatic change is a benefit all people of all income levels and

in all neighborhoods still as a look around the room and this about drought and sea level rise and wildfires and conditions we've experienced in our own country's the truth is the impacts of climatic change is have san francisco real city, state, or national boundary lines that's why we need to address the problem that is bigger us but we're each be contributing to while city's take up only 2 percent of landmass wear responsible for 40 percent of land use and global emissions what happens in city's truly changes the world for the better and worse as contributor to global climatic change the responsibility to address the

problem also rests on our shoulder which is work i want to talk about the role that cities should play when it comes to climatic change in the environment and san francisco strategy to reduce our aggressive is represented by 3 simple numbers, zero, 50, and one hundred >> zero waste to our landfills 50 percent of trips by methods other than cars, 100 percent renewable energy, let me briefly share with you awhile zero, 50 and 100 percent are important first zero waste the production transportation and disposal of our wastes comprise 42 percent of green house gas emissions in the united states recycling and compost mandatory

in san francisco help cut this down by creating jobs and conserving resources zero waste is among the quickest and more cost fiscal strategies for governments to implements thanks to our residents and business partners san francisco is an 80 are percent waste diversion rate today next 50 percent transportation. in 201043 percent of san franciscans san francisco's cash footprint came if transportation related emissions our country must move people out of cars and go mass transit and bikes and pedestrian trips in san francisco we're investing everyday in bike share and pedestrian network and our public transportation system and i'm pleased to report that san

francisco reached the 50 percent at the end of counsel table just a few months ago years ahead of our schedule our challenge is now to main and grow that number finally 100 percent renewable energy just over half of our green house gas emissions come from energy use in our city's commercial and residential buildings the birth cash source we have first, we need to use less energy to power and heat our buildings and second we need to change the energy supply and source for renewable power how were we accomplishing this we're leading by example we launched the city solar incentive that helped to install over 3 thousand three hundred solar installations and created green jobs along the way this program focus on empowering low income

and the members to benefit for the city's growing economy has been especially successful we recently launched >> renewable energy program that offers san francisco residents and businesses an electricity option cleaner then their existing energy and just as affordable san francisco is not the only city taking action too there are over 2000 actions teacher to reduce the building energy demand by over 46 cities and countries who ministers are representatives here today for example, to achieve the goals by 2020 the city of vancouver is on the neighborhood e neighborhood scale development a neighborhood strategy focusing on hi density areas of that city to improve

heating and cooling services for those buildings the city of cop hasten has the goal of the first cash neutral capital in the world by the year 2024 and begun transforming the district heating from cool and natural gas to sustainable bio mass 98 percent of cop happiness buildings are connected to the system when is one of the older of its kind the city of seoul in the represent of korea launched the project to reduce energy demands they offers low cost loans that cover 100 percent by increasing the krofrj from to 100 percent they saw an increase in loan if $4 million in 2012 to

$20 million in 2014 and finally i would be remiss if i didn't recognition our own nation's capital in about washington, d.c. they entered into a 20-year power purpose agreement that supplies roughly thirty percent of d.c. electricity for wind power the largest wind power of its kind and entered in by the american city and protected to save transpires that $45 million from over the next 20 years well, all of those examples illustrate judge industries are a crystal partner to advance clean energy solutions cities and states should be the focal point and leverage for the clean ministers to advance goals and have actions thanks to the advance and the

sciences and technology from the private sector partners the intersection between the decashtion of energy and the economies is closer but advancement still requires investment and that's why i want to thank our u.s. secretary monohe is and the department of energy for in their continued leadership of providing grants to the city attorney's office san francisco to scale up new clean energy technology in closing sniff you may know the charter of the united nations was actually signed into creation right here in san francisco in 1945 and a gathering of 50 nations that excluded over 8 hundred delegates rep 80 percent of the are worlds population imagined was put to paper and action to make the world a more peaceful

place for all citizens i believe that 9 climate agreement forgot in parking garage the work today is just as historic it will be recognized as a time when our global community united to create and healthier future for the planet and transforming our economies sustained so i commend our effort to tackles this challenge and honored to host you here in san francisco thank you very much >> (clapping.) >> thank you, ed lee. >> thank you, mayor it is wonderful your the amazing innovative things in san francisco and as well as here what the cities around the world to foster clean energies next my honor to welcome tony early to the stage. >> now we're a very expensive

region from our perspective tony is from detroit i can we have 3 governs in the room actually, i see govern gray davis hi. good afternoon how are you but that a 5 govern in tony it turns out that tovn i didn't was recruited inform run for govern of the michigan by jennifer and he instead tony decided to take a much easier job and moved to california to run pg&e now i'm sure that tony has his days did i make the right decision we never wonder an absolutely expensive leader of an important company please help me welcome the mr. chairman and president affordable housing and ceo of the pg&e tony early.

>> (clapping.) >> jim told my secret jim thank you very much and thanks for mayor ed lee hosting this in his city the mayor is a great advocate of investment in infrastructure to move the city and state ahead i want to thank secretary for eyes and ears to hold this very important meeting here in san francisco i want to start any remarks this afternoon by asking you to picture a scenario in a prosperous western state the climate is b of a weird decades the unafternoon rainfall has product a drought and farmers are despite and everyone is prop i for a pacific rains

unfortunately, they get their wish the heavens opened and failed to close from one state to the other and deserts are flooded 4 feet deep and washing away community in low lying regions the water reaches the tops of light poles and even the state capital is submerged on inauguration day the newly elected govern gets to the ceremony by row boat had the water resides thousand are dead and with an in every 8 homes ask ruined or carried out away that didn't sound evict a scrip for a bad hollywood movie all of that happened in california over the winter of the 18 61 and 62 thanks to a river storm it

produced 43 days of rain in a row, in fact, every number associated with that event staggers the imagine not only a loss of life 200 thousand cattle and 29 percent of economy was destroyed and built i the gold rush was driven into bankruptcy the land in denounced sacramento was raised 15 feet and the governor added an extra story to the mansion just in case what is truly mind-boggling 1 and 50 years later the lessons faded the supreme weather is not new we've seen education in california and around the world by climate says those episodes

with increasing if density it and the rising global temperatures make them less predictable to unlike our predecessors in 18 61 we have the guest of understanding why this they come again. >> how much is at stake thanks to the agreement struck in paris to pg&e power plan and the mo u we've taken steps to heed the warning of a century and a half ago i believe we can be successful over the next decades to create the solutions to stave off a global climate discharge in the government setting the right policies and individuals stepping up to do the right thing but even if i'm relevant that won't change at fact warm is unavoidable we'll have to

contend with those the melting of the parlor i'll say sheet in for your or san francisco bay area more than 200 square miles are vulnerable to the sea level rise with the more powerful i'd like to surges a storm lasting a few days can cost economics damages that's why at pg&e our focus on sustainability so the need to adopt to the climatic change to make your systems for resilient we're developing robust procedures and conducting a comprehensive assessment to vault storms and sea level rise as we see heat waves pg&e is among the utility that joined the partnering for climatic resilience to share best practices we've also commented 200 and

$50,000 in stakeholders fund to protect and restore wetlands around san francisco bay area and provide to join with other corporate members of the abusing council and voluntarily supporting that with public officials andville organizations we're now and then a new program to granted money to public-private partnerships to share the instantaneously for climate resilience and specifically one million dollars to support local planning throughout our service area to help community better understand plan four and respond to climate change risks some stisz have sophisticated plans underway others are getting starred or face problems those grants we can learn from and with a focus

on disadvantaged areas where the resources are lacking we see this as ass our commitment in support of communities we serve now for me that mission has then e taken on a personal resilience in the last 6 months i made two trips the first with governing california designation to the united nations climate change and part of geography to ann art can i cack with a faith in our ability to work collectively to solve this problem and i cack from ann articulate how crucial we fulfill that promise sooner than later a prominent research has seen temperatures rise 12 degrees in his years of working

and paris made clear the world is looking to california for some of those answers and gave me the privilege to tell our story that about that success while much remains to be done a clean energy future is moving faster they than we thought possible we made progress at pentagon this year we expect to deliver 33 percent from qualified renewables and when you include our large ohio plant under california laws don't fit the definition more than 45 percent is cash free light years ahead of most other places within the next 15 years we'll be approaching 70 percent as we meet the target of 50 percent renewables and one key to the

progress is bold target by the policymakers and the wisdom of utilities as partners a critical part of this is reaching barriers probation officer notify solutions the utilities have the unique ability to achieve and accelerate the use of low cash technologies and do so on the quick scale and demonstrated we can move renewable energy and drive down costs and keeping the grid reliable and customer bills down we can continue to do that if we work together with the right steps i think that 3 keys are crucial the first is continued investment in the grid the grid is the backbone of the economy and makes more than life possible the smallest grid it the backbone of a clean energy economy with more distributed

intelligence online privately owned solar and electrical vehicles and the like the grid is more acceptable we see the grid that services what the internet don't say platform a network that pulls the energy and integrate them to have more value for everyone the second key to the future adopting our empower right now the market forces are evolving faster the regulatory framework that largely is stuck in the year of thank god that stalls our progress for example, in the u.s. an ongoing debate in meter that is an attempt to put band-aids on a antiquated process we need to make a changes and

indeed examples regulatory environment slows down not just limited to the energy spear for those of you who flew into san francisco you might have noticed the span on the bay bridge the original part of that bridge is the part that is still standing and at the time that was built had the longtime suspected radios radio that is ahead of the grand jury designed is pencils and slide rules and built with more pleasantly labor than modern projects and took over 3 years to build the new span that is half as along with the engineering software and technologies and the crucial pieces are being reworked as we

talk about the need for the infrastructure i'll life you to decide where this fraction can meet the climatic change and the third key comes from the spirit and letter of paris agreement to keep the focus on recuse carbon rather than one particular mix of resources by doing that it gives the utilities and entrepreneurs the freedom to find the options and maximize innovation and provide consumers progress we know the issue of climatic change is no fixed address many of you come from far away's places with our history i'd like to offer a few points i hope you can take back to our home first, as a tackle the numerous challenges of clean

energy and solving the low cash look to the utility sector as a solution this is an industry that is used to doing big things an industry that was designed to serve the public interest part off dna we're good partners and the second as you look at those problems that need solving remember that we are more energy providers we can help with the resilience and clean transportation and we can help with public awareness and education utilities reach into every home additional business in your country we have relationship with millions in for the billions of customers and third look at the utilities in our areas as partners just as individual country's can't eliminate cash neither can we our industry is hunger for

partnerships you can help to facilitate and nurture we'll continue to make progress offender climatic change we have to take advantage the utilities and all of us to work together to accomplish things in a big way but to unleaf this we'll need the right policies the road to paris leads through this room and through all of you the decisions you make in the next few years shape the world for decades and essential to the ability of our country's to deliver on the promises it is your engagement in overseeing issues that assure that future is right and the stories like the california meg flood remain in the history books where they belong thank you very much. >> (clapping.) >> thank you, very much.

tony, say with great confidence not a business leader utility leader or company that has shown greater commitment to clean energy and pg&e we appreciate our leadership so, now we will have a high-level panel decision a sustainable urban systems so let me ask the panelists first welcome the executive director of international energy agency, mr. lien norris leader of petroleum and john first deputy mayor of china, and raphael gonzales the ceo of th north america inc. thank you for being you are here today enjoy the

discussion. >> so ladies and gentlemen, i wish you, please enjoy the american lunch here while we're going to do discuss a few important issues before going to the panel which is a very expressive panel as you can see i want to make a few remarks two racks one about the year 2015 and the second is a major report we are going to release in half an hour 2015 much has been perhaps the most incredible years in terms of the fight against climatic change not only because of paris i'll talk about paris in a moment two other reasons why i believe 2015 could be a

wonderful year for the fight against climatic change one 2015 ladies and gentlemen, zero two emissions did not increase like 2014 two years in a row we have seen zero emissions didn't increase even though global g dp increased more than 3 percent this has not been the case in the history we have seen only 3 times in the history when it didn't increase and all the 3 years is the financial crisis other than that for the first time two years in a right now 14 and 15 emissions remain the same good news now the year 2015 more

than 90 percent of historical capacity the energy were renewable empowers and solar followed by other not the case 90 percent is impressive driven by china, u.s., europe and india and all other countries this is the second excellent news for 2015 and third was, of course, the power agreement i see the years in paris and he can assure you that paris the beautiful paris became much more beautiful after december 2015 i can assure i have many french they'll definitely agree with me and in paris in addition to the historical agreement there are

two other important elements that needs to be underlined number one our agreements were agreement attempts it was not only a top down target but a button up all the countries brought their targets their policies how their issues extremely important and second paris also brought new actresses into the picture in addition to governments we have now the businesses and act dam and others part of game and other actor is local governments the cities therefore the paris is not only the amendment of all the countries of the world by the moeshltd were extremely important and in my view down to

earth now great paris this to our panel we are going to do present or publish a major report in a hour of time two things i want to tell you about this this report focuses on a the progress in technologies we have a tasht in paris below two degrees and it is important to see how we are doing in different green energy technologies i'm not going to details you'll not lose your appetite we're not doing well there is some move a process but there are any areas we say are significantly lagging in our report highlights where we are

progressing better than expectations with a target established in paris the second area the report focuses on the cities as already mentions about the 70 percent of the emissions come from the city 85 percent - so if you want to solve this problem we have to solve the problem in the cities and the cities in our report they're two areas extremely important one the building be sector from the installation of the building to the for example, the cooling requirements which or go to psychopath in the next year's to come and what kind of cooling units we're going to use the standard is extremely important for fighting against climatic change the other area we look at

the transportation we look into how we can see even a bigger move in terms of the electrical vehicles which one million cars another good news but much for electrical cars and what are the favorable conditions but also the underlined the public transportation how to subsidize public transportation and the rest of the moves in the city we see in the beautiful city of san francisco but ladies and gentlemen, the main issue is the emerging countries cities which number of buildings built in the city and the buildings is 75 hundred years of time we should look into the future in the buildings which are not

efficient so those are the issues that we deal with in our report maine the buildings and the transportation issue so we have now an clean out panel here one minister from the government and the mayor from the e merging country and the company which is dealing with energies i will move to the panel and perhaps start to ask the gentleman the minister of norway mr. minister your country is the highest share of electrical cars in the world into the total car fleet in our country how do you see is measures put forward and what is it in the future so far as 20 percent if not share of cars in

norway are electrical cars which compress the gloeshld average of unfortunately zero want one percent so how do you do that. >> mr. minister. >> thank you, dr. for your kind words and a moment to look at in a moment in time negative impact 2012 the paramount decided the goal to have 50 thousand electrical vehicles and that goal was already xhoetsd last year and today 70 thousand fewer electrical vehicles and hybrids if we have hybrids bylaw but basically most of benefits were put in place already in 2002 and 3 and the car didn't take off until 2000 but not

before 2011 and so what are the reasons i think the obvious reasons for things to happen in 2011 was the fact that there were cars on markets that were really cars that could meet the needs of families in a safe manner you have the problem we're starting to address in a proper way to say a greater range in norway we have a power system like 8 percent renewable sources nobody in norway we're able to say okay. your changing our diesel car with pure renewables, of course, the tax and obviously of great importance a high new car sales

tax for cars and however no new car sales tax for electrical vehicles of course, the same goes for petro and hardly any tax think renewable energy on the policy on the basis there is free parking in cities free ferry rides, access to bus lanes and from the government does we have good strong efforts into building capacity we targeted isn't urban where most people live establishing with the transportation for everybody and now we're actually connecting the major cities in norway and this has led to this

norway with 4 million people the second and the third largest market bean by the u.s. and china which has more people than norway as you can imagine and a fiscal benefit the in fact, that is when it comes to fueling meets the connection from petro fueled cars which will forever have high taxation and a competition in the decades ahead but if i might add one thing before i leave the word back to you why do a tremors effort in

reducing local pollutions reducing and co-2 emissions they come up justice department just as much space on the roads to have the basic strategy for ongoing electrical vehicles instead of building public transportation system could be a wrong solution. >> thank you very much mr. minister for highlighting the critical role of public transport even though the cars are moving fast in terms of populating the global fleet and mr. minister said if you have to have electrical cars certain share of your car fleet we need policies and also some regulatory measures and very important as i mentioned mr.

minister that in order to have an amount of benefits electricity fitting the car must be also clean otherwise the benefits may not be so obvious so i just mentioned that the statistics are important for climatic change but the e engineering countries are important so we're very lucky the first deputy mayor of in china under jack and you mr. mayor have an excellent experience in our city of the pushing this smart upper public transportation and sustainable energy can you tell us how you realized what steps you took and whether

or not the story you have in your city can be a model for other cities in china. >> thank you sorry don't speak good english so i need a translator.

>> (speaking foreign language.) >> i want to thank the california the governor of office for inviting us to attend this meeting the president of the china has made a commitment via the unclimatic change in paris the reduction of cash emissions in china and now the whole country is taking action i'm very glad our city is very glad to endorse the mou and now under the leadership of the central government we are connecting with california we find the plan of actions with california and now we are promoting our policies closely.

>> (speaking foreign language.) >> this is a city in east of china been shanghai the american female writers who is also the the nobel prize in litter she grew up in china for 18 years and described as her hometown in china. >> (speaking foreign language.) >> this morning i heard the speech by the government of california gosh and i agree with

him very much we need to transfer our commitment to actions. >> (speaking foreign language.) >> so our apart from the separate transportation we have conducted many efforts for the reduction of cash emission in the city and our efforts can be concluded from 5 perspectives. >> (speaking foreign language.) >> first, we set up the goal of achieving cash peak.

>> (speaking foreign language.) >> at cop 21 pointed out that cashier emissions will peak in around 2030. >> (speaking foreign language.) >> based on a scientific analysis and calculations it is one of the earlier city to achieving 10 years earlier than the national goal and average. >> (speaking foreign language.) >> preceding in the current situation we're confident it we have the ability to realize the

goal. >> (speaking foreign language.) >> second we need the best tools for the contractions how much the cashier emissions like drinking water we have to take sip one by one to know how much water we can drink. >> (speaking foreign language.) >> by using clot commuting i

owe the technologies we segregate land use, environment and sources and industries and safety reduction and cashier emissions by doing so we can hanger and reexamine and check the cash emissions reduction in the city. >> (speaking foreign language.) >> now we conducted realtime online monitoring over 48 key emissions companies in the city the total emissions is 80 percent of the cities total. >> (speaking foreign language.) >> during the past 5 years

over three hundred chemical plans were shut down. >> (speaking foreign language.) >> nearly 11 towns of cashier emissions is reduced. >> (speaking foreign language.) >> third, i think about apart from the activities of the business sector one important actress in the reduction of cash emission is people's livelihood. >> (speaking foreign language.) >> so the motorer mentioned buildings and transportation are very important factors in the reduction of cashier emissions.

>> (speaking foreign language.) >> so we've taken 9 major actions to reduce the cash emissions in the city. >> (speaking foreign language.) >> is action include optimizing the industry and encouraging the low cashier industries for production developing cash buildings and low cash incurs and low cash transportation for low cash development. >> (speaking foreign language.) >> so, now the low cash

development and the awareness have come to - has been raised amongst the people. >> (speaking foreign language.) >> fourth we highlight the highlight of our efforts zero cash demonstration projects in the city. >> (speaking foreign language.) >> we select city and two islands in our city as pilots.

>> (speaking foreign language.) >> last i think that the most for the international cooperation like the meetings during the two days a very good opportunity to learn from other countries and regions. >> (speaking foreign language.) >> in october of this year we were holding international infection of low cashiers and products the interact welcomes companies and expert from all over the world to join us i'd like to extend our opportunity

and hope you have a look in the country city and our low development. >> thank you, mr. mayor for this excellent presentation of achievements of our city is it so interesting what you said your city's image as 2020 before the aggregate promise emissions this is one of the in my view most important outcomes coming from paris the architect of paris agreement and she was agreeing with me the peak in 2020 both the underlying agreement is critical to reach our goal now the other thick that is critical to reach you are goals within the energies in greece in

the urban systems and the entering green power is one we're fortunate to have other green power with gonzales is with us and can you tell us about our sclernz how do you merge the smart renewable and just the generation of models. >> okay. good afternoon and thank you for inviting me to participate first, let me explain the activity of urban power that is part of a viability and it is investing in renewables and investing in conventional duration that works and we we have activities in other places as well let's start to explain the our

vision and strategy for how we are implementing these in the notifies in the renewables so our region is open power to solve the main challenges of the world open power needs to supply energy to the people they don't have energy supplied. >> open power means a tool to be open to innovation and new technologies and to use this system technologies as well as on a different way in a way we have here in nevada an assembled combination of technology, solar tv and solar concentrated open power needs to find and open ways to manage the energy on a

different way as well in relation to the demand and generation and to be open as well to paris so we can't build this by ourselves we need to have paris in this sense so how we approach what is the business model ♪ smart cities we're taken so our vision we are open to the scope and to the local initiatives so it is different for example, in mellone we have builds for the first time in the world the first smart city refell fill a city designed for one hundred thousand people supply ren