the administrative code. that concludes my presentation, and i'm available for questions. thank you. >> president hillis: all right. thank you. we'll open this up to public comment. i've got two speaker cards, mr. nolte and mr. nolte again, but

if others would like to speak, please lineup on the screen side of the room. >> good afternoon, commissioners. my name is john nolte, and i am a cofounder of tender association coalition of san francisco, and this site is being developed for a t.i.c. building at the location. it's currently a tire store, and i think that the -- the -- again, there was talk about the environmental impact report. the issues of the dirt and so forth from a tire location over the years, and the other issues that are related to, 'cause it's a parking lot next door, and how the oil and other things seep into the dirt has to be looked at very carefully before we build a 107-unit project on the site. so i've -- at this time, i concur with the final eir report. thank you very much. >> president hillis: thank

you. >> hi. change my time. hi. my name is michael nolte. i am the cofounder of the alliance for better contradiction six, whi contradiction -- district six, and founded in 1999. we wholeheartedly support the draft eir, but we also would love to see more affordable housing being built for our constituents because there's a lack of that, and we know that t.u.c. has always come to plate and done that kind of housing for our residents, so we look forward to seeing this developed and more people joining our district that can actually afford to live in our district and our city. thank you. >> president hillis: all right. thank you, mr. nolte. any additional public comment? seeing none, we'll close public

comment. commissioners? hich richards? >> vice president richards: i make a motion to adopt the statement of the eir and overriding considerations. >> second. >> clerk: thank you, commissioners. on that motion, then, to certify the final environmental impact report -- [ roll call. ] >> clerk: so moved, commissioners. that motion passes unanimously 7-0. items 11 a and b. [ agenda item read ]

>> good afternoon, commissioner hillis and members of the commission. laura aiello, department staff. this request for conditional use authorization to legalize the merger of a four unit building into two units was originally considered back in october 2017. the project was eventually continued to the march 8 hearing. at that time, the commission denied the motion to disapprove the project and directed staff to return with a draft motion to approve the project with conditions. at the march 8 hearing, there was discussion regarding the change in building code

occupancy of a two-unit residence versus a three-unit residence, the high cost of implementing the necessary safety upgrades needed, and the existing high quality of the interior spaces at the site, as well as concern regarding future demolition. the commission directed the city attorney to investigate if it is possible to create a condition of approval that would protect the interior spacing of the home and require all permits for interior renovations not to be approved over the counter at the planning information center but instead be routed to the planning department for review. this condition has been included in the draft motion as condition number nine. it reads as follows: all building permit applications for interior work shall be subject to review and approval by the planning department and

may not be approved over the counter. since most permits to modify the interiors of private residences, even if they are located in a historic district are not normally reviewed by the planning staff, guidance from the commission is sought on how -- on which criteria is to be used when reviewing future permits for interior alterations. for example, are certainly features not to be removed? is a linear limit on demolition of partition or load bearing walls to be opposed? please provide directions so planning staff will know how to implement this condition in the future. two conditions have been added to the draft motion in order to clarify the approved change to two dwelling units. condition number six requires removal of any remaining cooking facilities from the units that were removed. perthe project plans, a third kitchen with a stove is located on the top floor of the

building. and condition number seven requires the applicant to request an updated 3-r report from the department of building inspection to reflect the authorized use change from four family to two family. this concludes my presentation. i will be around to answer any questions if you have them. thank you. >> president hillis: thank you, mr. aiell-- miss aiello. we'll open this up to project sponsor. since we've heard a couple of times before, we'll limit it to three minutes. >> i would ask for public comment and then ask for commission input on proposed language. >> do you have any suggestions, mr. tunney 1234d. >> we're comfortable with a linear footage or percentage threshold. >> of the interior walls. >> for intake of a permit for review.

we submitted some language, as well. >> all permits should go to a preservation planner -- >> president hillis: you've got to speak in the mic skbr all permits should go to a preservation plan checker. all are routed to them, but they should have the discretion, if you're doing a kitchen hood, that shouldn't have to be intake, but if you're touching a certain percent of the walls or a number like 15 linear feet, which is about 5% of the walls, that should be intake. so some threshold of what gets intaked, but everything is reviewed by a preservation planner at the counter, and then they decide with some guidance from the commission what should be intaked. >> president hillis: all right. thank you. any public comment on this item? seeing none, we'll close public comment. commissioner richards? >> vice president richards: just to reiterate, the reason why we're doing this is, this has been a long road to get to this point. we understand we made some errors on this side and that some economic decisions were made by the project sponsor on

their side, and in order for us to take it back to four units, we basically have to gut the building and start over and put sprinklers in and fire walls in that would ruin the character of the building. i've been in the building. there's a lot of character in the building, stuff that's historic or stuff that's original with the house is really what i think we're concerned with. we don't want somebody to come in in five years and blow it out and create a white box, and what to do with it now and put four units back. i'm looking for original features, removal of original features is what i'm focused on. the kitchen's modern, the bathrooms are modern. we're not expecting you to retain everything, but it's just the original features in the house, and i'm open to a certain percentage of the walls or, you know, mr. tunney? i'd like a percentage of the --

of the character of the original features to remain. >> if you are going to do it, i would recommend not using a percentage over the overall because then, you've got to make calculations. >> president hillis: why don't we just say it's routed to the planning department for review by historic preservation planner with the understanding that, you know, the intent is to retain the historically significant layout of the building. >> vice president richards: the original features and layout of the building. and i think that the rider is if in five years or ten years somebody wants to come in and blow the building out, we should put four units back. i mean really, that's the intent. >> president hillis: so is that a motion? >> vice president richards: it is. >> president hillis: did you want to add something? >> could you restate the motion? >> president hillis: i think that it was that my interior permit would be routed to the planning department for review by the preservation staff, and

if there is a removal of historically significant features, our layout staff will initiate a d.r. >> vice president richards: original features. >> okay. our only concern is that requires all interior permits, any -- any work on the interior to -- >> president hillis: yes. >> -- and then, we're looking at significant time for review. >> vice president richards: well, the review is at the counter by a preservation staff person to ensure whether it should be taken in. >> president hillis: the comment that you made about a hood, that shouldn't -- >> vice president richards: plumbing in the house, i think that should be a judgment call on the planner's portion, but i want to make sure that there's a notation on the property and a notice of restriction

recorded. >> these conditions will be recorded and noticed as restrictions. >> president hillis: okay. so there was a motion and seconded. >> it has been seconded? >> seconded. >> thank you. so there is a motion to approve this motion with amended to include that interior motion denied ficatio denied -- modifications to be routed to the preservation staff to determine if there are any further restrictions. on that motion. [ roll call. ] >> clerk: so moved, commissioners. that motion passes 5-0. and that places us on item -- >> i'm going to close the public hearing fore the variance and take the variance under advisement. >> clerk: thank you, zoning administrator. items 12 a and b,

commissioners, f commissioners. [ agenda item read ] >> thank you, jonas. i do have additional letters that were received after distributing the packets for distribution. andrew perry with department staff. the project before you is a request for downtown project authorizations at 135 hyde street located just south of the intersection with turk street within the tenderloin and downtown civic center neighborhoods. the proposed project would demolish the existing one story auto repair garage and construct a new eight story over basement containing 69 dwelling units. the basement level will accommodate 18 residential parking spaces plus one additional space devoted to car share, as well as class one bicycle parking for 69

bicycles. common usable open space for the residential units is provided at the eightth floor roof deck and meeting the project's open space requirement. additionally there's a ground floor courtyard available to residents, though there is not counted towards the project's open space requirement. the project requests exceptions to the requirements for rear yard set backs and for ground level wind currents. the department believes the requested exceptions are warranted and meet the criteria established in the code. with respect to the rear yard controls, the project's design and massing have taken into consideration the configuration of the adjacent building at 421 turk, in order that both sites may retain greater access to light and air, and an average wind speed of 11 miles an hour, and under the projected

scenarios, these would average 12 miles per hour. the project would not result in any hazard level wind conditions. the increased wind speeds shown from this analysis are relatively minimal and would not represent asub substantial change to the existing conditions. furthermore it's highly unlikely that there's any project design that could successfully eliminate all of the existing comfort ex-pa expediences, therefore, an exemption is required. the units that required the exposure variance all face into the project's courtyard, and the exposed volume created by the courtyard is sizeable and is increased if one takes into consideration the immediate courtyard at 421 turk. the zoning administrator will consider the variance request

after the commission has deliberated on the downtown project authorization. to date staff has not received any comments in opposition to the project and has received letters or signatures in support of the project from 19 individuals. additionally the project has received letters of support from the it tenderloin housing project, the university of california hastings college of the law. the last two letters which were distributed to you today. in conclusion, commissioners, except for the previously discussed request for exceptions and variance, the project does comply with all applicable requirements of the planning code, is consistent with the objectives and policies of the general plan and the downtown plan area, is desirable and compatible with the surrounding neighborhood and results in the addition of 6 # units of the city's housing stack, including ten permanently affordable units. this concludes my presentation, and i'm available for any questions you may have. thank you. >> president hillis: thank you. project sponsor, welcome.

>> good afternoon. my name is clementt.czar. and i'm standing up to walk you through the design of the project. i think we're using -- we're using this overhead projector. so andrew covered many of the bullet points that helped define this project, but if you'll allow me to go to the second page, i'll show you a diagram that shows a code compliant rear yard versus our proposed rear yard. the size of the screen is a little small for my page, or my page is a little large for the screen. >> president hillis: can you zoom out on that -- if you

want. >> i'll have to do it the other way. >> president hillis: there you go. >> thank you. as you can see on the left is a code complying rear yard, 25% of the depth of the lot would be allocated to an open rear yard. that ends up being approximately 34 feet by 55 feet wide lot. however, because of the existing conditions of our neighbors, we're proposing more of an l-shaped building, where the rear yard becomes a courtyard, maybe not in the legal sense, but you can see on the right that it becomes a -- an open space of about 43 by 41. this is essentially equivalent to the rear yard on the left, but the benefit we would argue is that existing neighbor to

the north, 421 turk, has something like 63 windows in that courtyard, and if we were to do a code complying rear yard, you can see that their courtyard is cutoff by about two thirds. this seems like a reasonable response to existing conditions, improves our project and improves our neighbors. we have a first floor plan that is a little larger scale, you can see the major features are the commercial space in the front. to the right or up on the screen is the ramp going down into the parking deck underneath, where we have 69 bicycle parking places and 19 car vehicle spaces. we have located the stairs and the elevator near the center of this -- of the building to take advantage of any windows that

we can, and as you can see, the courtyard is defined up in the upper left. [please stand by for captioner switch] commissioner:

>> interview: you can see we've broken up the large roof plate into some smaller niche areas, if you will, with landscaping. it minimizing the wind affect and makes for nice seating areas and privacy. you're not up on a large wind swept rooftop. we're also providing the square footage for solar panels on the left image. upper right, you can see the architecture looking down into the courtyard. that would be the west and north and in the lower right would be the facade of the building

facing hyde street. we recognize it's the tenderloin and we're choosing characters that fit the neighborhood. the first floor has more of a mercantile feeling with a clear-story and glass panel shaped differently allowing 1890s. we have bay windows going up the building plus and there are two cornices in the area. i would also mention it's more

three dimensional in the face of the building. many are trying to traditional. they're very flat and that's a -- not been in keeping with the character of that era. we'll show you a couple unit sizes with a rendering on the right. tis a one-bedroom with a den or a dining area. it's about 420, 450 square feet depending on why unit you're looking at. they're livable and the features are complied with the square footage and it's affordable.

most of the units look like this. they're a one bedroom with a nested configuration. we've provided clear story glass as well as a glass door. to try to maximize the light in the unit. also on the top floor we're providing a skylight for the bedrooms. this rendering shows how it fits win the neighborhood. one thing we didn't do was render the new building at gold

golden gate and hyde and the two deco buildings are the outliars and the rest will be nearly 80-foot tall buildings. the buildings across the street are nearly as tall. this is my closer, if you have any questions, please ask. the sponsor's here. >> commissioner: thank you. we may have questions we will open it up to public comment and we have two speakers. if others want to speak line up on the screen side of the room. >> good afternoon, commissioners. i'm john elsy. i want to talk about 135 hyde. back in 2015 i tried to contact

the property owner dealing with 101 hyde street project and the impactses on this property of 135 hyde. in december of 2015 a new property owner which has several properties i feel the property owner over extended what he's going to do and the same thing he did at 101 hyde. had they just wanted to go three the entitlements but didn't have the $10 million plus because they spent over $2 million to buy the property to build on the project before you. next, the project sponsor did limited outreach to the -- in the pact -- packet with limited

route reach and there were six stories and eight studio units for a total of 48 units for the property. then they changed the development plan one month later in december 2015 and when the property was bought to eight stories and 69 dwelling units. most the residential buildings do not have garages and many have subbasements under the sidewalk. the one study shows the building would add more wind to the street level and to the most dense neighborhood in the city. lastly, the site is for an 80-foot tall building and asking for a 96-foot building to the top making it taller than the buildings to the north and south on hyde street.

so adding to the planning code. so i ask that 2015-15203dnx for 135 hyde street and 346 lot 2 not be approved by the project in the current form. >> commissioner: thank you. next speaker, please. >> hi, my name is michael nolte. can i have my time fixed? i'm a 40 year community activist and the property sponsor could

have done more and better outreach. they didn't come to community organizations they probably just went to next-door neighbors and the entities which uc hastings and that's not a big deal going across the street and the union next door. there's more to the tenderloin than three entities in our community. we are full of non-profits and full of resident organizations and full of a lot of things that all want to have their stake holders and should be part of what's going on. we had a big deal about 101 hyde which was the san francisco's main post office box site and we had a lot of problems with trying to figure out where it would be relocate and then project sponsor was not interested in knowing the impacts which is only a couple doors down from the site. and they share the alleyway as

part of that project. so anyway, the stakeholders would like to see more than 10 affordable housing unit of units to the 69 proposed units. this is the north market area. we want to have -- there could be more affordable housing put on the site and one bedroom is 505 square feet and the units are smaller than that and that's very cramped. my place is 500 and it's a one bedroom. they're bigger units. and mine is a 100-year-old building. so i do support the design. this is the first time i've actually come to a meeting and seen a design i really like

because most of them i don't feel are the character of the neighborhood. so that's a kudos for the architect to build something that kind of sits into the neighborhood versus doesn't look like -- looks like it was just dropped in and why's it there. thank you for your time. >> commissioner: thank you. any additional public comment? >> i'm mary anne sullivan. i live at 155 hyde street. i'm in full support of the project because they did extensive outreach to try to inform everybody in my building at least. and they offered a meeting at

the site and i was not many people came. i'm sure they did as much outreach as they could. i've been shown the details of the layout and thinking it's a good project and i hope you'll support it. >> commissioner: thank you very much. any additional public comment on this item? seeing none we'll close public comment. commissioner koppel. >> >> commissioner: i think the design fits well in the concept of the neighborhood. i'm pleased to see the two options for the rear yards were presented to us. i do like -- on first glance, the proposed rear yard but i have a simple question nor arc -- for the architect. i have two but first thing's

first. i do like in general the concept of almost matching the light wells with the proposed arrangement but i do see there's a couple units on that very ground floor units 110 and 210 that butt up adjacent to the property. how did those two properties inact? >> i'm looking at the drawing. this building say two-story building so the roof of that building ajace in the building is the same as the roof of our building. when you go over to the front of of 433, actually this page would

be better. the front of the building is 36 stories. >> commissioner: are there windows being covered up? >> no, i blank brick wall. >> commissioner: is there a reason we went with the nested bedroom configuration instead of a windowed bedroom? >> it's an interesting geometry problem. the perimeter area is very valuable for windows but it's a long narrow lot. the best we could do is get four units across the front and five units across the back but there are about 14 feet or so wide. that makes a bedroom and living room too darn tight. >> commissioner: understood.

thanks. >> commissioner: commissioner richards? >> commissioner: so we have this nested bedroom question on 88 arkansas and we went back and forth on the viability of it and the liveability of it and there was a building code requirement on the amount of light a room needed. and maybe you mr. teague or the architect can recall what that is i want to remind you they're livable units. >> i don't have the exact number of percentages in my head but -- >> commissioner: is it measured from a clear glass. >> you have to have a certain

number of square feet of glass in that bedroom. >> commissioner: whether do you have? >> actually more because we're including the clear story. >> commissioner: could review the material pallet pal ate again police. >> our goal is to use modular but we intend to do this over the windows to get more texture and a sense of detailing at the closer scale. the lower level would be a plaster but a smooth finish on the columns and painted dark and the window frames are aluminum. maybe aluminum clad and probably

dark. >> commissioner: one thing that excites me of the building is the sensitivity, the palate and the context. i like it and i think the buildi building sensitive and hand some which is what we need for apartments that are more affordable. a couple things though. i prove to approve the build the stipulation of the palate you outline is the one you use so we don't turn around and walk down the street and see something completely different because something else happened. and for a number of units i hope we can have two car share spaces versus one. we're in a transit rich area but -- >> we are using the vertical stacking equipment to do i think it's 18 spaces, six across and

three, one up and one down and one at level. in order to use the system you have to have one less opening. lick -- like the chicklet example. and you have to have one van accessible. >> commissioner: that's for? >> handicap coming and going. we'll work our magic. >> commissioner: i think for the number of units and location i think that would be a valuable asset. i'll make that part of my motion. i move to approve the project with the materials in the record and adding additional car space. >> i second that. can i ask you a question. on the upper floors to the

smaller building adjacent -- so on the upper three floors, sorry, one back -- on the upper three floors the units -- you've got nested bedrooms in the floors. >> commissioner: yes. could you put a fire window. i know if that building gets built you'd have to cover those but i think it would mitigate the number of nested bedrooms if you can put [indiscernible]. >> commissioner: so an amendment to the motion. accepted. >> that could be done. >> commissioner: i think that's it.

>> if there's nothing further, commissioners, there say variance for exposure that is like two items further on our list on your docket. we have submitted material to the zoning administrator. that item is being considered now. >> commissioner: okay. >> if there's nothing further there's a motion second to approve the matter with conditions as have been amended to include the material palate present the architect to be implemented and the two total car share spaces be provided as well as the number of nested bedrooms be mitigated on that motion, commissioner fong. >> yay. >> the clerk: the motion passes

unanimously 5-0. >> commissioner: i'm close the public hearing on the variances and standard ground adherence. >> the clerk: item 13 for case -- >> commissioner: we'll quickly take the item -- >> the clerk: 14 is the next item. >> commissioner: it's out of order. >> the clerk: through the chair then we'll be taking 14 out of order for case 2017-0059cua and a conditional use authorization.

excuse me, if the members of the public come in and out quietly we'd appreciate. >> good afternoon, commissioners. planning department staff. a condition use authorization at 48 saturn street. the item is a request for conditional use authorization for the purpose of the core owe na heights special use district on a vacant property that results in an area exceeding 3,000 square feet and the residential development that results in less than 45% of a year yard.

on december 21, 2017 the commission heard the project as a four-story single-family home. the commission moved an intend to disapprove the project on the basis it did not maximize the density allowed by the residential housing to family zoning district. after closing public comment the commission indicated the intent to disapprove and continue the items from march 8, 2018 to allow staff an opportunity to prepare a draft motion of disapproval. the commission also provided a directive to the sponsor as that the product could return to the commission as a two-unit proposal. the sponsor repaired and renoticed a five-story building strongly opposed by the neighborhood. the project was subsequently continued to allow the project sponsor additional time to work on design concerns.

the project before you in the plan was e-mail to the commission. the proposal is to construct a new four-story, two-family dwelling on a vacant lot. the project provides 2,467 square feet of living space on three levels and a basement garage with two-vehicle parking shots and two bicycle parking spots. it includes a 740-square foot two-bedroom unit on the second floor and 1,120 unit on the second floor and direct access to the street. the partners received opposition to the previous iterations of the project including from the neighbors association. all letters shared a concern of the project not maximizing density by the allowed zoning or

subsequently or the five-story tall building. as of yesterday they association has schmidt a letter in support of the product. the planning commission have two options to adopt, to deny the conditional use of the authorization or it make a motion on the revised design for the attach plans dated march 28, 2018. i'm submitting to the record a motion of approval for the current proposal and staff recommends approval of the count project. with that staff recommends approval of the project because it maximizing the underlying density of the zoning district and the project is in similar height of the dwelling units and not obstructing the neighboring projects. that concludes staff's presentation. i'm available for any questions. >> commissioner: thank you,

project sponsor. >> i'm on behalf of the project sponsor. we're happy that after hearing very strong input from the neighborhood we were able to work with them and achieve a number of different goals on this very small site, maximizing the density with little impact on the neighbors and i'll leave it to you if have you questions and thank you for your consideration. >> commissioner: thank you. any public comment on this item? seeing none we'll close public comment. commissioners? we're able to approve the motion to approve with the revised plans which i'd be in supportive of. >> commissioner richards, you're recused? >> no, i sold the property february 22.

commissioners you adopted a motion of intent to disapprove from december 21. >> commissioner: the approval motion on the revised plans before us. >> but you should take a vote to limit the intent to disapprove. you have to because you committed to the motion to disapproval. you have to have -- intent to rescind the motion of innocent in order to act on a motion to approve today. i did not actually ask commissioner johnson to acknowledge that she reviewed the previous hearing and materials for this matter. >> i have. >> thank you. >> commissioner: commissioner

koppel. >> a motion to rescind the intent to deny. >> second. >> do you want to make the subsequent motion? >> we should take it separately? >> we're getting very bureaucratic today. >> the clerk: it's important in case it goes further. on the motion to rescind commissioner fong. >> aye. >> the clerk: commissioner koppel. >> aye. >> the clerk: commissioner richards. >> aye. >> the clerk: it passes 5-0. now we can consider an alternate proposal. >> motion to approve. >> the clerk: on the motion to approval the alternative project. commissioners? so moved. the motion passes unanimously 5-0. >> commissioner: we'll go back

to item 13 for the downtown project authorization. >> good afternoon. the proposed project before you is a request for a downtown project authorization for the demolition of two existing commercial structures with a combined area of 35,625 square feet. the merger of two parcels and the krufconstruction of a new n and 10-story residential

building. with up to 144 dwelling units and 840,000 square feet of common space at a rooftop deck and sole -- solarium and a parking space accessed through the mezzanine level. the residential lobby would be on main street and the development would include streetscape including fruit trees and landscaping. authorization the proposed project is seeking an exception from the planning code requirement for exposure. it's located in the downtown residential zoning district which has experienced significant redevelopment over the past 25 years.

the properties include the baycrest development constructed in 1991 to the north and the 11-story, portside development constructed in 1997 to the east and the bridgeview development kruktded constructed in 2002 to the west. south is a cal trans parcel used as a maintenance facility. the vast majority of other parcels are zoned for rincon hill or transbay residential and there are a few parcels zoned high density -- residential, commercial. including the written comments in the published packets the

committee receive 73 letters opposing the project site design stating concerns on the potential impact on air quality for the adjacent residents, impact and accumulative traffic congestion. after analyzing all aspects of the project, department staff finds its unbalanced consistent with the policies of the general plan and rincon hill area plan. project is located in a zoning district that permits residential use. the project is an appropriate in-fill development to add 144 new dwelling units to the housing stock including 19 affordable rental units in an area zoned for the construction of high-density residential development. the project is compatible with the existing neighborhood character of rincon hill and designed with an appropriate massing and scale nor subject lot. the project will include

streetscape improvements consistent with the neighborhood plan and finally the project complies with the first source hiring program. the project will fully utilize the rincon area controls and based on the findings and those described in the draft motion, the department staff recommends approval and the project sponsor has prepared a presentation but this concludes staff presentation and i'm available for questions. >> commissioner: thank you. project sponsor, welcome. >> good afternoon, commissioners. thank you for the opportunity to present today. i'm craig young. on behalf of tied water capital i'll spend the next six minutes describing how we spent the last four years working to transform a low-density industrial property into mixed income housing.

>> we've always found most compelling with the location is it is an opportunity to create a smaller more affordable rental building marketed towards young professionals and families. the cite's location is within the financial district and sen tral -- central soma. the immediate area is made of new residential tours and development should taper down in height the top of the hill to the embarcadero. the project of 84 feet fits within the intent of the plan and allows for a new runner to the -- renter to the

neighborhood. we -- our team set out to learn the neighbors and the neighborhood history. that's how we first developed the concept we're here to present. a rental apartment building with on site affordable housing and mixed housing to address the city's shortage while removing an eyesore is something neighbors agreed would be a welcome aaddition to the block and 19 on-site b.m.r.s.

and the ground floor features a minimal single-lane garage entrance and entrances facing the streets. and we had a focus on non vehicular trans passion provide transportation providing bike cal spaces. it's taken four years from the first application to get to today's hearing. we spent over two and a half years working with cal trans to develop the adjacent cal trans mapt -- maintenance and while this path was ultimately unsuccessful and added to our project time line,