in its summary is attached to the documents. the community plan specifically calls for making short-term parking available for businesses in the village. therefore, i request that the board respectfully request that the board find the zoning administrator made an error, in his september 1st, 2017 letter of determination and allow the operation and improvement of the parking lot as contained in exhibit 9 of the appeal. and thank you very much for your consideration of my views, and again, thank you for being here tonight. >> thank you. i do have a question, supervisor. >> sure. >> as a city lejs legislator, currently in the books, there's no temporary designation, right, and so how would you suggest -- 'cause once they get the designation, they may not be able to develop? >> you know, from being in the neighborhood, my experiences is

that i think people almost universally in the neighborhood would like to see that developed as housing. i mean, we have a housing crisis in this city. and the parking lot itself, you know, in the long run, isn't what the community, i think, is going to want or need. the community's becoming more tech focused. i think we'll see a decline in cars. unless something's done with the traffic situation there, i mean -- >> but tigers will be there forever. >> tigers and glen park station, and la corneta, i think, will never go away. >> you know, this is a dilemma that i'm probably going to ask the department to explain, but you know, my auntie rosa owned the dry cleaner on the corner for years that had all the police uniforms on it. >> yeah, that's my dry cleaner. >> yeah. >> yeah, i really think -- and to the degree that the five

years i'm here, this is something i would push aggressively to see housing develop, because we do have a crisis, and for me personally, the more we can fill around the glen park b.a.r.t. station, these are units that don't need cars. >> maybe you can help your fellow comrads -- help the planning department write some legislation that would help us do this. >> yeah, i'll do that. >> thank you. >> okay. is there any other public comment on this item? >> come on up. don't be shy. good evening. welcome. >> hi. my name is joel campos, jr., and i'm -- i wrote my speech on the phone, if it's okay. i'm the manager of the la corneta restaurant in the glen park neighborhood. we have been open for a little bit over 22 years, and our

restaurant and other small businesses depend on the existence of that parking lot, whether it's the market down the street or the hardware store on the corner, or other small businesses. the parking lot definitely needs improvements. the changes that the hayes family wants to implement, i think it would help the whole area significantly, because it's not just customers, and you know businesses and employees that park in that area. it's residents. many residents, they use it to stop by their housing and stuff, and i'm the one that operates security cameras that are aimed at that parking lot, and we have a lot of break-ins. there's certain permits that need to make lighting and all the other stuff that they don't give you because it's just basically a grofl lot. and the sfpd officers are constantly calling me because

there's always break-ins in that area. and we believe that making that area more professional with asphalt and better lighting, it would help defer those individuals that are coming. just like two weeks ago, in five minutes, three cars were broken into. police cars were broken into. it's an ongoing thing in that parking lot, and i think it would help. the gravel is a problem. with the cars going in and out, it goes into the street, and there's ae all these dump trucks going in constantly, and there's potholes when it rains, and i think just putting concrete asphalt there -- i'm not asking for much. just a temporary thing until they do their housing project. and having said that, i think if they do decide to turn it into housing in the future, i think the neighborhood would welcome it. that area -- i'm not sure if

you guys are from the neighborhood. >> yeah. i remember olympic savings. >> there's some houses that are being renovated across from it. and with the traffic, there can be temporary parking on diamond street to alleviate parking for the merchants, people just trying to make a quick stop. so if they do want to build a how's in the future, it's fine. it's not going to be affected, and i would implore you to please take into account there's no negative kops consequences in the area putting it into a parking lot. it's already a parking lot. just let them put some asphalt, paint some lines, and some lighting. i don't think that's an issue. >> your question, if they're entitled to build a parking lot, and your customers love it, and then, seven years down the road, they want to build a

unit, aren't you going to be mad about that. >> i think there's several options that can be taken into consideration. >> i think you said you're supportive -- >> but i think there's options. right now, they need the money to obviously develop it. once they do that, i think there's some options for us merchants in the area that we can do. other areas, they have this temporary parking. >> that's fine. >> or you know, the meters, instead of putting it for two hours, you can put it for 15 minutes or 30 minutes, well the bulk of the -- >> all right. thank you sir. >> any other public comment? no other public comment, we can take -- you look like -- no, no, you have rebuttal, so if no one else wants to speak under public comment. we'll give you rebuttal after public comment, okay?

>> trying to be shy with us? don't be coy. welcome. >> my name is 4 oy campos. i've known this hayes family for over 20 years. i came to the united states, and know this family since. you cannot find better lenders than them. they help you, they listen to you, and we are -- we are very happy if you succeed by allowing you to work with the property. for me, the parking lot is crucial. they stated already, patty stated already, and i just imagine that if i -- if they

took the same thought that i was going to take with my property years ago, if the planning commission didn't allow me to put what we needed for that site, i was going to close it, and leave it there for my children or my grandchildren to develop it. finally, they were sensitive. they agreed. i remember those great commissioners, like mike antonini, and all of them that allowed me to do it, and now, that building is going to be finished in a couple of months. i know the planning department takes forever to grant you a permit, but why not take the chance and allow this family to use it, to improve it. and later on, we will see. and finally, in other cases that i hear, the previous cases, one side was going to hurt if the other situation was going to be taken. in this case, in this particular case, the hayes family is hurting nobody.

so if they decided to close it, it's going to be less sales, less taxes, and probably less employees. so take the chance. give them the chance. we are here to help them and you are supposed to help them, too. >> thank you. >> thank you, sir. >> any other public comment? seeing no public comment, we can take rebuttal with the appellant first. >> yeah. i just wanted to comment on when we mentioned the longer term development plans, that certainly, as we talked with the community and planning, that we would -- there's options here. we could incorporate parking within whatever development plan that is, whether there would be some parking aside, that we could continue to support the community and the businesses. and as supervisor sheehy said, a lot of the feedback that i've

gotten is from glen park community is that they do want to see housing there. it's a transit rich area, right across from b.a.r.t., but with some parking. and so we do think they would be supportive of down the line of a development plan for residential and commercial. any other...and we're only talking about 20 parking spaces. we're not talking about, you know, a double or triple structure. it's, you know, a reasonable number, 19. and the ones we've talked to have said yeah, it would be great to clean it up, make it look nice. we've got that green path that's right alongside it, parallel, and you know, put a sunset date on it, if you can, or a commitment that after so many years, we'll give you time to work on a longer term plan that incorporates parking and

housing and commercial. we just wanted to make those comments. >> thank you. >> anybody else? >> i guess, just to follow up on the process that you -- >> your name, sir. >> i'm sorry? >> your name. >> i'm sorry. i'm dan hayes. just to follow up on the process taking as long as it would if there is no, you know code or sentence or paragraph that you can lean on, can you create it? is there something you can do so that if you kind of have some empathy for this situation, is there something that could be legislated in a decent amount of time that would allow that window, or to answer that question, if the process takes that long, that's a legitimate -- the legitimate thing to bring up.

and -- but if something could be legislated in the meantime, instead of just sitting there, in the time it takes to develop. >> i have a question, whoever would like to answer. have you charged for parking there before? i'm sorry? >> no. in the -- over time, with the -- you know, my father and the breefs busineprevious busi there we there were periods of time where they did private parking, 12, 15, but once we took ownership, there was no paid. >> that was a while back. >> yes. yes. >> thank you. >> okay. mr. teague, rebuttal. >> boy, scott leaves you the easy night, huh? >> oh, sure, sure. you know, all the talk of process and timelines and

current events, i think it is worth pointing out that one of the major initiatives mayor lee was working on was asking our departments and oc departments to develop plans for additional process improvements on top of what we've done in the past, and we worked really hard on that and actually submitted a plan to the mayor's office december 1st, so hopefully in the future, the process times will go down even more. i know that is a big deal to him. we appreciated that. specifically to this case, i would just provide one request, which is if you do decide to move towards overturning the letter, i would -- i would advise to think about whether or not you want to use the rationale of well, it's been there for a certain amount of time, so it should be considered legal. this is a fairly feel-good use. the community likes it.

i've been tangential review of the planning department's use of this over time. the owners seem like good people. they're good people. this is kind of a good scenario for that type of event, but there are other scenarios with other uses and other people where that -- you know, that principle does not exist in the planning code. there's no statute of limitations for how long you go operating without permits that you automatically become a legal use, so i would just maybe advise that if you go that route, that maybe if there's another rationale, whether -- >> give us some guidance. >> i mean, there's other things in there -- in -- in the public documents for this site. i mean, it was a parking -- it was basically being used as unauthorized parking when the city owned it, and they sold it to the private -- to a private member of the public, so that doesn't -- for the code to really convey that land use legality there, but the

statute -- the statute of limitations kind of concept would be a little concerning, so if you do go that route, i would just advise to maybe consider another rationale if you can. >> what do you mean -- what do you mean, the statute of limitations. >> i'm saying there's no statute of limitations in the code for how long a parking lot can operate without permits, and then be considered for legal use for a period of time. the statute is clear, public use has to be legally permitted. there was the argument it's been here for 40 years, so it should just be considered legal, and i was making the point in this situation, this is a feel good situation -- >> but your point is -- [ inaudible ] >> -- that would not always feel at good in other situations, and so that's the only advice that i would give. >> that it would create a dangerous precedent.

>> yeah. >> sure. >> can i get further clarification on this. so -- so if we were to find for the letter of determination, we could find it based on the -- that the -- that the letter of determination was issued in error or if -- and what you're saying is that if we, again, found for the appellant on the -- on the basis that because the city historically had -- had authorized and/or had used this space as parking, therefore, it should be authorized for that use in -- in the future, is that the slippery slope that you're referring to? >> well, actually, first of all, i mean, i don't want to recommend a specific basis, obviously, to overturn the zoning administrator's decision, but the slippery slope was the other, which is if you overturned it on the basis that it's been operating for 40 years, so might as well

call it legal, that would be more of a precedent issue, and slippery slope, so to speak. >> so i'm still confused about what's the hook? there's no statutory provision. you can't just makeup a statutory provision. that's the legislative responsibility. >> sure, and that is -- and that gets to the basis of it's been here a long time. if you go on another basis. that's not a relevant issue. >> it's been there before b.a.r.t. i remember when the glen park station opened. it was so cool. i was like in the fourth grade. awesome. >> except the danger there is there are other situations and other contexts where we've said and others have said that just because it's been there a long time, does that make it legal, and so i worry about us doing something like that without some -- >> right, and that's my recommendation, is to not have that be the sole basis, if you

make that decision, because there's -- >> so what other recommendation for a basis -- >> he said he didn't want to. >> not really. >> pretend you're on michael. give it up. >> i want something. >> mr. teague. >> yes. >> the literature has certain references of potential master plan referrals back in the early 70's. did that -- that never occurred, then. >> i'm not sure i understand what you mean. the general plan referrals, the one that's specifically cited in the letter of determination is the one that was cited for the sale of the property. >> but they're referencing not so specific, but they were alluding to there were other referrals that are forth coming, but i'm not seeing anything else. >> i'm sorry.

>> not specifically in your search. >> not specifically to referrals, and that was the general plan at the time of the sale of the property. >> okay. >> actually, i have a supervisor question. you look like you have a solution or a request from the public. >> yeah. i think what we're talking about is the city established the use. that's the reason. they didn't establish the use, so the city established the use years ago, so we're not really talking about the city being, you know -- that gets to i think his question of having a -- having the nonconforming use, but now having to conform. it's really like the city, years ago, established the use solely to the property owners having established the use, and then, you know, that's why we're here today. >> okay. >> so just to acknowledge that the city established the use, and reject the letter of determination as being in error, i think that could be a way to cut the knot.

>> okay. thank you. >> okay. now, the matter's been submitted. >> so i'd like -- i'd like to make that motion, that we -- >> would you like to talk about it before you make the motion? >> well, i think that's the answer that we just heard, is -- is that the city established the use of this parking -- the use of this parking lot. the city authorized and the use of this space as a parking lot and operated it as a parking lot, and that sets the precedent. not the ongoing use over the last 30 or 40 years or whatever, but the city itself authorized the use and then operated it as a parking lot historically. so that -- that's a -- i don't -- i don't find that a slippery slope, and that would be the -- the intent of my motion if i were able to make

it or anybody else. >> i would concur with that. i'm in the neighborhood quite frequently. that's a pretty dark, dark space, to be honest. like i said, just if we could get to a space where we're not setting huge precedent here, right? >> i would add an amendment, if i may. >> i have made the motion. >> you can make the motion. >> yeah, you can make the motion. >> can i say something first? >> yes. >> since we're about to make a motion. i am completely sympathetic, empathetic, whatever term you wish to use. i would very much like to see this happen. i have not been persuaded that there are problems with the letter of determination, so i'm a little stuck on that. i totally can envision what it is you're trying to do, but i don't know if i can get there. >> okay. well, hopefully, frank will have some problem solving

skills. >> well, if you have a motion, go ahead. >> no. i'm going to let you make the motion. i'd just like to respond to commissioner lazarus. i think the problem with the letter of determination is that it does not recognize the city's authorization of this space as -- and use as a parking lot, and therefore, it's denying that if it looks like a duck and quacks like a duck, it must be a duck, because they saw it as a duck historically. so that's the problem in the letter of determination is that they didn't recognize that it was an authorized use, it was a practiced use, and therefore, the practice of using it as a parking lot in the future should be authorized. >> well, it's already established already. >> it's already established.

that's, i think my response to yours. since we're all on the same side. >> well, i'm not -- i think the language is a little bit different than that in the sense that, you know, the basis in terms of what the city authorized is one thing. but the continued usage of it as a paid parking lot created a legal nonconforming use. >> that makes sense. >> i would also add that to -- if we were to overturn the lod that -- on that basis, i would add to -- oh, what's the right word? not necessarily confirm, but to substantiate that legal nonconforming use, i would

submit a time frame of five years for them to permit that substantiate that legal nonconforming use. >> commissioners, i would recommend that's outside the scope of the letter of determinations before you, putting conditions on what can happen here in the future. you're just here determining if the zoning administrator abused or reached his conclusions based on the letter. >> you're saying only -- only that? >> i don't -- what's before you is not whether there could be a time limit placed on the future. it's whether the za has found correctly that the use that they've -- have asked about is a legal nonconforming use, and has found that it's not a legal

nonconforming use. >> do you have a comment, mr. teague? >> just to reinforce the city attorney, i mean, all of our -- all of our letters of determination that specifically state that, you know, this is just an interpretation of the use of the code. it's not a permit, it's not anything else to comply. we don't apply conditions to letters of determination. it's simply a question, is this a legal nonconforming public parking lot or is it not, and the zoning administrator said it's not. so the real -- the decision. >> but he's not here. >> i'm sorry? >> i'm going to leave it with no condition. >> so was that a motion? >> that's my motion. >> i would need you to please restate your motion, to grant the appeal and overturn the letter of determination that the zoning administrator erred.

>> because one that the city zoning preempted its use as a parking lot prior to the sale of the lot. and secondly, the usage of the lot after the sale as a paid public parking lot established the legal nonconform is use. >> -- nonconforming use. >> yeah, i agree. just because they didn't establish and continue it doesn't mean it hasn't been established already. >> it was a parking lot. >> so the basis is because the city authorized the use of the property for parking before it was sold by the city and that the use of the lot after the sale has continued as a paid public parking lot. is that right? >> to establish the legal nonconforming clause.

>> okay. on that motion, commissioner lazarus. >> commissioner lazarus: no. >> president honda: aye. >> >> commissioner wilson: e [ inaudible ] >> okay. and commissioner. >> commissioner swig: no. >> okay. >> i'm going to move to continue this case. >> oh, good. >> so that additional information related to the city's authorized use can be provided. >> takes three.

>> okay. vice president, do you want to pick a date for that? >> one month? >> january 17th, commissioner swig. >> how's our schedule? >> well, commissioner swig won't be there that night. >> i'd like to be there. >> perhaps if you want to look at a later date. you could do the 31st. >> january 31st? >> and are you accepting submissions from both sides? >> yes. >> okay. do you want them at the same time or -- >> same time would be acceptable. >> okay. so the motion, then, from the vice president is to move this -- continue this item to allow additional information related to the city's authorized use and this would be to move it to january 31st,

2018. both sides would be allowed to submit additional submittals. do you want briefing or do you want to set a page limit? >> i think they should be able to do it within five pages. >> okay. with just five pages of additional briefing allowed, plus exhibit, both to be submitted the thursday prior to the hearing, okay? on that motion, commissioner lazarus. >> commissioner lazarus: aye. >> president honda: aye. >> commissioner wilson: aye. >> commissioner swig: aye. >> okay. that motion passes, and that moti matter is continued to that evening. next item is withdrawn, so commissioner honda, there's no further -- >> oh, you scared me for a second. [ gavel ]

>> good morning, everybody. thank you all for being here on

this mournful day. as i'm sure you all know, our may mayor, mayor edwin m. lee passed awau early this morning at zuckerberg san francisco general. he was 65 years old. i want to thank dr. susan orlick who is here with us today and the dedicated professional who is cared for the mayor last night. our thoughts and prayers are with mayor lee's wife anita and his daughters tanya and brianna at this time. when he passed, mayor lee was surrounded by his family, by his friends, and the colleagues who loved him. ed lee lived a life of service cut far too short, but short far too soon. like me, ed grew up in public housing. the son of working class immigrant immigrants, he developed early on a profound sense of

community. a commitment to helping others. his father was a veterans, and his mother a seamstress. they instilled in him a humility and self-lest work ethic that he maintained throughout his entire life. the mayor's father passed while he was just a teenager, but heart break could not derail him. ed earned a scholarship from boden college a prestigious liberal arts college in maine, and after graduating, he relocated to the bay area where, like so many of us, he fell in love with the city that he would call home for the rest of his life. he attended balt law school at the university of california-berkley and joined the asian law caucus. ed lee fought against discrimination, working on the front lines to keep tenants from being evicted. he was, from the dawn of his

career, an advocate for the powerless and the voice for the overlooked. as a director of the human rights commission and the director of the department of public works and our city administrator and as mayor, we tend to forget, but when mayor lee was apointed in 2011. he face d tremendous challenges in this city. he believed everyone should have an opportunity to have a good job with a good wage.

and in san francisco and he believed everyone should have a secure place to call home which is why one of his first campaigns was for the housing trust fund that has invested millions of dollars in rehabilitate i rehabilitating affordable and efforts to rehabilitate and rebuild over 7,000. he always said he didn't want folks like him and me to be known as public housing resident, but to be known as san san francisco residents. and those suffering from mental health and substance abuse. and he explored every option and embraced any idea that could

help move people off the streets into safe, stable situations. where they could be on the right path to health and recovery. mayor lee believed in the power of opportunity. a rebuilt home, a reborn community, could inspire individuals to reach for their dreams just like he had. he believed in the city where a poor kid from public housing could become mayor. ed was not a politician. he did not always deliver the best sound bite or carry the room with unspoken charisma. flash never mattered to him. disagreements never deterred him. he was humble and determined no matter the job he held, he was fair and collaborative no matter the heat of the moment. what mattered most to him always was helping his fellow

sanfranciscans and occasionally delivering the almost perfectly timed corny joke. mayor lee endured many tough political battles, but they never -- they never dimmed his spirit. opponents may have disagreed with him on policy, but everyone agrees that our mayor was a good man with a good heart. he believed above all else in building bridges and solving problems. everyone who had the pleasure of working with mayor lee will miss him tremendously. from the members of the board of supervisors who are here with me today to the community advocates who worked alongside him, and the san francisco residents for whom he served with all his might. the flags in our city will fly half mast for the next 30 days. our first chinese american

mayor, a man who has left an immeasurable legacy for the city and county of san francisco. and i now must assume the responsibility, and i ask for your patience and i ask for your support. and i ask for your prayers. our city's values have never been more important, and in the months ahead, let's carry on in mayor lee's honor. he has earned our affection because he was one of the sweetest men any of us have ever known. and he will be truly missed. thank you, all, for being here. and we will have dr. erlick talk about what happened at the hospital. [please stand by]

and we attempted life-saving measures for several hour. he died at 1:11 on the morning of tuesday, december 12, this morning. we expect the medical examiner to determine the cause of death and his family has asked that we share no further medical can information at this time because of state and federal privacy laws. we need to respect their wishes. thank you very much. >> thank you, doctor. and i want to thank all of the

department heads, all the city staff, all the commissioners and elected officials, our lieutenant governor and former ma -- mayor, gavin newsome is here, thank you all for being here to bring the city together at this trying time. i'd like to ask our city attorney to talk specifically about what comes next. as you all know, i am currently the acting mayor and will assume that responsibility and our city attorney can provide further details as to what will happen in the months to come. >> thank you, ma dad mayor. i would first like to echo the sentiments and the condolences of mayor breed and dr. ehrluches and the entire community about the profound sense of loss that all of us feel on the passing of mayor lee and i'd like to offer my condolences spufically to his

wife and family and just to let them all know that i hope -- i know that the entire city family will be there for them as they go through this difficult time. you heard dr. ehrlich talk about mayor lee passing at 1:11 this morning. under charter section 13.101.5b, at that time board president london breed assumed the duties of acting mayor. she has all the powers and responsibilities that come with the office. and she will have all of those duties until such time as the board of supervisors votes on a successor, should they choose to do so. although they are not required to do so. in any event, there will be an election june 5, 2018 where

the next mayor will be chosen to fulfill the unexpired term of mayor lee and that term will end on january 8. 2020. that is a very broad overview of where we are now. mayor breed has all the powers and responsibilities and duties of acting mayor. by virtue of her position as board president. and what occurs over the course of the next several months will be derped by what actions, if any, the board of supervisors chooses to take. with that, i'd be happy to take any questions that anybody has about the process. >> reporter: [inaudible] will the board of supervisors voting on this matter today? >> no, they will not be. >> reporter: what was the question? >> will the board of supervisors be voting on this matter today and the answer is no. >> reporter: is there a

timeframe for the board to vote on an interim mayor? >> the board does not have to talk any action and there is not a timeline. and for that entire period of time, should they choose not to take any action, mayor breed will be both the acting mayor and the president of the board of supervisors. she has her position as acting mayor by virtue of her position as president of the board. >> reporter: so, just to clarify, there will be no additional [inaudible] appointed? >> there will not be. mayor breed has both positions. she still continues to have her board of supervisors position and president of the board and she is the acting mayor. >> yes. i have a question. in june of 2018, when does the new candidate have to have

their filings for the election? >> yes. that -- that is something that obviously has not been top on our list. but that is something that we're examining, filing deadlines. we've been focusing on making sure that we had a smooth transition to ensure that there was a continuity in city government. >> reporter: so there's nothing in the charter that indicates that at all? >> i've given my answer. >> any other questions for mayor breed? >> reporter: as acting mayor, do you have any plans for the [inaudible]. >> [inaudible].

>> our city attorney has already made that clear for now. i am currently still the supervisor of district five as well as the acting mayor until at such time the board decides if they would like to make a decision to select someone to fill the term until the next election. >> one more question. >> reporter: can you talk about personally what he meant to you. anything you can learn from him? the biggest legacy for the city will be? >> i worked with and have known mayor ed lee for over 20 years and what i appreciate about the mayor is his commitment to public housing mostly because when i became a member of the board of supervisors, i made it clear that was -- he asked my top three priorities and i said

public housing, public housing, public housing. as someone who grew up here and spent most my life there, mayor lee, very similar situation, we bonded over that. and looking at robert pitts and looking at it going from this place that was completely falling apart to just painted walls and new fixtures and how beautiful it looks and the fact that he really was stead do you on helping to make this happen is really what i will always remember about him. his commitment to tune out the noise and focus on trying to get the job done and i really will always appreciate him for taking my praourty seriously and helping to get that work done. he was a dedicated and committed public servant and i will never forgot him for that. thank you, tara. >> thank you, everybody. that concludes the press conference..

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done 3450r7b9 what time they're here to take care of each other and make it so a safe and secure way i was encouraged to learn to deal with the services and breaks and i wanted to move into understanding how to do main connections one the great things that the sfpuc to move to different sections in if you're tdr in learning a different job you have the ability to move up i courage anyone to step out of their comfortable zone and work on a system as large as a our water system we started from one end and keep on going it's a fascinating job and i'm going to stay here because i'll never learn everything to learn about

this system >> the planning commission regular hearing for thursday. detion 21, 2017. our final hearing of the year. i'd like to remind members of public that the commission does not tolerate any disruption or outbursts of any kind. please silence your mobil devices that may sound off during these proceedings and when speaking before the commission, if you do care to, state your name for the record. i'll take roll. [roll call] we do expect commissioners to ar