between the door to the building and where the actual restaurant begins it wouldn't be subject to the 75-foot restaurant requirement. >> period? >> period >> so the restaurant has no protection from a food truck outside of the building where the restaurant is essentially. you are saying it's completely outside of the scope. >> because it's further inside the building. >> okay. >> and there's a gap. >> i'm not convinced that's what this means but that's how you are saying you interpret it that's fine but i don't think that's what this means. i think this means that the primary entrance is the way you get to the restaurant. and if that entrance is more than -- doesn't have direct street access then this doesn't apply. does that make sense? so you know the big double doors at cheesecake factory that's the primary entrance. doesn't have direct street access so it doesn't apply.

as i read this, that's what these words mean. >> i agree. might want to go back and talk to whoever at public works drafted it. >> i agree. >> it's in the ordinance? >> yeah, i mean -- so. anyway. probably none of that matters. >> the ordinance is different. so why is the language different between these two things brad, our city attorney? >> i can't say why it's different but there is an ordinance that has the same restriction it's just worded differently. it says the prohicks set forth in section 4 shall on -- prohibition set forth in section 4 shall only apply if it has. >> it's hard to hear you. >> the code provides -- we've been looking at the order on mobile

food facilities which is very similar to the code. the code provides the prohibition set forth in subsection 4 which is a 75-set radius provision shall only apply if a restaurant has direct street access to its primary access. very similar. >> the problem is the ordinance doesn't make sense. a restaurant can't have street access to its own entrance. what it means is does the public have access to the primary entrance directly from the street. >> where the restaurant -- okay. >> right. it's written in a way that doesn't make any sense. >> it does stem from a public works code. >> if i was standing at the juice bar am i more than 75 feet from this food truck? >> i believe so, yes. >> that's all i need to know >> thank you. >> is there any public come on this item? how many people are here for public

comment? vice president lazarus? a few minutes? okay. >> first person, come on up. yep exactly. >> you have two minutes. thank you. >> thank you for waiting. good evening. >> good evening. my name is emilio. bay area resident. i for one think it's exciting and productive when young people put together a business like this and it should be encouraged by the city, not made more difficult than it already is. i very much enjoy the hometown creamery and support their endeavors. thank you for your time. >> next speaker. welcome. >> doing great. my name is elise. >> thank you. >> i love the hometown creamery. i live on the same block at the main place is at. i really like that they are a small business. i know they have really like the footprint of having a mobile food truck is not a lot of cost.

it really helps. i don't know why if they've already got the permit why it would be overturned. it's just really good for them to have a small business. we don't want to make it harder for small business folks to operate in the city. especially downtown i think it's really cool to be able to have the san francisco hometown creamery. it's a tiny little cute little truck if you haven't seen it in real life. i support ice cream and small business owners and i wouldn't want equinox to take that away from them. thank you. >> next speaker please. >> fill out a speaker card. >> thank you. >> hello. good evening. my name is vanessa. i'm a san francisco resident. and tonight gives me a whole different level of respect for everything that you are doing, given how late you have to be here. i am trying to wrap my head around everything that's been discussed. and it seems like at this point it's

like half of a dozen egg situation where we are splitting the difference. i would like to see that we are supporting small businesses and that we are allowing people in san francisco especially non-tech entrepreneurs to build their businesses and do it in a way that we are being inclusive of people in our community. it seems like we are always kind of pushing one direction and not the other. and it would be wonderful if we could create opportunities for locals to build this business and allow people in our city to have delicious ice cream. so hopefully we can consider this as an option. thank you. >> thank you. next speaker. >> thank you. >> hello. my name is noah 30-year resident of the san francisco bay area. thank you for all the work and time you have put in tonight.

my second time, being here i felt a moral obligation to come not particularly happy about being here. i'm sure the young gentleman and the daughter aren't particularly happy to be here either. i'm sure they would rather be scooping ice cream at the shop or i know they teamed up with local charities and schools to create unique flavors for disaster relief in the past but they are not doing any of those things right now and ultimately because of a few landlords large corporations like equinox feel threatened by a 1960s vw ice cream truck. i think it's absurd. i haven't heard one legitimate rebuttal that passes the smell test for why this truck can't be here. so back to what some of the other folks said, i think it's really about what you want in your community to look like and reflected

and do you want it to be big national organizations who can send their expensive lawyers here to defend them? or do you want it to reflect the cultural diversity of the residents of san francisco and support local businesses like hometown creamery. thank you. >> thank you. >> thank you. is there any other public comment? okay. we'll move onto rebuttal. mr. gladstone. >> okay. i'm going to be very quick. first of all the restaurant lies on a public business to be in the black. just as much as it relies on patronage from the gym. the restaurant never would have accepted moving in there separate from the gym it has nothing to do with ownership of the gym. it would never have moved in there if it was true that you have to pass by a gym concierge and show your id before you get into the restaurant. and by the way, let me show this here. you walk in from the street.

the concierge is not standing there. he is out of the picture and asking for ids over here. you walk in the entrance and you turn right here. and you are not in a long entrance to the restaurant. you are in the lounge area of the restaurant right here. we showed it to you. it's labeled the lounge. it's on the floor plans. it's on the permit which we'll somehow you in a minute that the lounge area starts here. it is not a hallway to a restaurant far away. if you take d.p.w. to its logical extension it means if we put a restaurant where the he can equinox club is, that would not have direct access to the street because one can come here and go to a restaurant here before one reaches further into the building to reach the equinox restaurant. it doesn't make sense. i also wanted to mention that we went to the permit holder and suggested a compromise.

he has other places in the city. there are other places just across the street. we did some measurements across the street of whether he could be across the street. and we found that it meets all the mfs guidelines. i'm sure he's a great restauranteur. he has fans. they would only have to cross the street. it's not a big burden. i want to point out that i was involved in the case of phil's coffee truck. what's important to note about that even though it's not before you is that situation was a similar one where the mff was within a 75-foot radius of the entrance but you had to go up an elevator to reach the restaurant, meaning the issue at hand was the same issue. however d.p.w. in that situation and exclusively said that was direct enough access such that the restaurant could be considered a restaurant within 75 feet.

the result of that hearing was that the mff food truck could not get a permit and it moved to a different location. that's an extreme version of what's happening here. it's much more direct than it was in that case. and we hope that the permit holder will take into account the compromise and would look at the location across the street because the law requires that. thank you very much. >> i have a question. i'm trying to find the site plan you showed. did you provide that? i'm not seeing it? in order to really understand the location. because in my mind this hinges on the 75 feet >> yes. it's not in our brief. but we are going to show it again. the floor plan. >> you are saying you turn in the door go right or left and it's right there. and it seems to not be the testimony

of the public works or of the permit holders. >> i think we should ask public works did they walk into the entrance and get ided and stop by the concierge. >> my question is the location of the earth bar relative to the main entry. where is the earth bar? >> the earth bar we serve food here >> what's the distance between there? >> there's a lounge area here and called out in the permit as the lounge of the earth bar >> i can't see it. do you know if that distance is scaled between the entrance and the lounge itself? >> thank you for looking at scale. i don't have a scale here. but you can kind of tell the scale by looking at the dimensions that do appear. but frankly again you walk in the entrance.

>> i'm sorry, could you -- look at the television so you can see what we see. >> back out other direction. >> there you go. >> sorry. i didn't know you couldn't see. >> that's all right. >> you walk in the entrance here. this is an opening. this is a wall. >> where the concierge is at. >> here's the concierge desk. here is the wall. when i walked in and i should ask d.p.w. if they did. you can't go beyond this point because the concierge is asking for your id. >> can you show the way you would get to the restaurant? >> you go in >> you go in that double door. and you walk down here. you see people at tables. we showed you pictures eating products from -- >> just answer the question. >> the distance. >> you walk right down there and i can't tell you the distance between here and here. >> that's fine. a couple things that are challenging

to me. obviously 75 feet, where are we measuring from, et cetera. but i think what's challenging for me is the way the earth bar is not really signed. so it would seem to me if i were outside walking on the street i wouldn't know earth bar was there unless i was an equinox member or went into the ally as the permit holder say go into a door i can't get into and wonder where is the earth bar. so it strikes me this may be the way to get to the earth bar but it doesn't signal it's the primary entrance to a restaurant. it's signed as the entrance to the equinox facility. >> i have a question. does the earth bar sell ice cream? >> we have a menu. would you like to look at the menu? >> an acai bowl and something else >> it has smoothies. >> i think i got my answer from colleague. thank you. >> i have some questions. you said the earth bar is not owned

by -- you represent the owner of the building? >> correct >> and obviously the owner of the building and owner of equinox are different. >> yes. >> equinox is a tenant. >> a at the. >> and earth bar is a separate tenant. >> i don't know if it's a subtenant of the equinox. but the code doesn't talk about the relevance of that. i'm not sure which one it is, frankly. >> okay. i'm wondering because you say they are not owned by equinox. >> they are not owned by equinox. whether they are a subtenant, i don't know. code doesn't ask that question. >> >> are you familiar with westfield mall? >> i am >> is it your position that the primary entrance of the restaurants by the movie theater -- do you know where those restaurants are? >> yes >> is it your opinion the entrance is the front door of the mall. >> i don't know where those restaurants

are. >> do you know where the food court is? >> the food court downstairs >> no. i don't. i know where it is next door at the nordstrom's. >> it's underground. just take my word for it. is it your position that the primary entrance to the restaurant at the food court is the front door to the mall or instead something else? >> i think if it's down in the basement the front door is the front door of the actual -- well, you know i don't know. i can't really tell you. because that's not a situation that's discussed in these ordinances. i don't really know. >> well, it's pretty important to me because that's sort of what we have here. >> i think you made a good observation earlier that i thought was the best observation about that. >> okay. thank you. >> thank you. we will now hear from the permit holder.

>> no, you go, no you go >> so we were told, it was our understanding that when there's a break, that's when it's -- that 75-foot no longer applies. so here if you were to step inside and you were at the bar it would be greater than 75 feet once you enter from there. but that's what i wanted to close with is our goal is straightforward and simple. we want to build a contemporary business. we want to create as many jobs as we can, san francisco. manufacture as much ice cream as we can in san francisco and contribute and engage with the community as much as possible. it's imperative we grow our business in order to survive. we've been open for four-years now. with continued increases in operating costs and trying to keep the majority of our team members above minimum wage, we are

struggling to continue to manufacture our products with the highest standards while keeping our pricing accessible to all demographics. because we have limited resources we have to be creative. we are a small independent family business with no outside investors. our brothers and i are the sole owners, and we are doing everything we can to keep it that way. through the bus we have found a unique and creative way to utilize the limited resources we have and put it towards expanding our business in a legal way that benefits the local community and adds value not only to the surrounding areas but also the tourists and cultural experience of san francisco. creating a contemporary san francisco institution is not easy. we request the board not overturn the permit and allow my brother and me to continue our pursuit in growing our business. i would be happy to answer questions. >> i'm very supportive of small business. i'm supportive of your business.

i went to gordo's and my daughter wanted an ice cream so we got one. you have a brick and mortar and you say the struggling lost of operation. what about the brick and mortar in that area because they have rent as well as their employee costs? >> sure >> let me finish. would you like a food truck or an ice cream truck in front of your brick and mortar on ninth and irving? >> so within the block and a half about two-block radius there are five other places that have ice cream. and within a block away there's an ice cream truck in golden gate park that's a block away. >> a little bit farther that's where the parking structure is. that's almost three blocks. >> if you cross lincoln. >> cross lincoln, because you are at the corner of irving and you are three-doors down where the old mortuary was. if you go to that one block then you

go into the park, pass a hall of flowers then you are going to where the parking structure is so it's really two and a half blocks. so if you were to have an ice cream truck directly in front of your food truck in front of your brick and mortar would that affect your business and how would you feel if that were the case? >> i can sigh during our due diligence we checked if there were any ice cream operations near it and we didn't find any >> again, there are other restaurants. there is a easy breezy. there is another place down the street. >> those are also brick and mortar. what my question primarily was is you understand how difficult it is to operate a brick and mortar in san francisco with the health code the restrictions, the rent, the insurance employee costs.

and here, you know, the question was would you like a food truck or mmf with your similar product in front of your brick and mortar? >> so i think as the question was asked the gentleman before they asked if they served ice cream. that would be like asking if there was an acai truck or smoothie place in front of our shop. >> so if they moved in front of your business, it would not impact it? thank you. that was the question. >> it was stated the appellant approached you guys about an alternate location. did you explore that location? what was your conclusion? >> we reached out in an e-mail. last night i got a phone call about whether we would think about that. it's my understanding that would cause us to -- >> have a problem with someone else. >> exactly. >> impact another restaurant? >> not impact another restaurant. but it would require us to do a 30-day notification again. we've already went through this at the public hearing at public

works. and then it was appealed. and then it's two months later. and so if i remember correctly it would require us to restart the application process all over again which we submitted this in december, i think, of last year. >> and was it the appellant who appealed at the public working hearing as well? >> right >> and the suggestion to the alternate location came prior to this hearing? >> it was brought up to me last night >> do you sell anything beside ice cream out of the truck? >> no, strictly ice cream >> no beverages. >> we can do hot cider. but because of theside size of our vw it limits us to pretty much just ice cream. >> okay. thank you. >> thank you. anything further from public works? >> of course. >> i was hoping to bring more color on the 75-foot from the

actual food facility to the earth bar restaurant. so this is a tool that public works uses. it's how we review a lot of these permits and it has a measuring tool. so just as an example, i measured in the line you see here is 82 feet so it's shorter than that. if i do an aerial photo. >> it's hard to see. we need to move it down. like is it the upper left? >> it's this line >> okay, sorry. >> so that was 82 feet, i believe it was. this is the proximate. but you can see that at 82 feet, it would still be quite short of the earth bar restaurant. i just wanted to -- i know you had

some concerns about the plans that were presented. it does seem pretty clear to us that the actual restaurant in and of itself would be more than 75 feet from the truck. and then just to show again the gap. so as you enter the entrance there and turn to the right there are benches and i believe there was a pro shop that it was called that looks to me like probably around at least 40 feet before you would actually enter the vicinity of the restaurant itself. >> and then the applicant or the permit holder asserted if they were to go to an alternate location as suggested by the appellant that the process would begin again. is that true? what part of the process would have to begin again? >> most likely we'd have to review what the new location

would be. if it was just a matter of one parking space then the same notification scope potentially it could be done administratively. but if it were a larger move, we would have to renotify the public per the code. >> okay, thank you. >> thank you. >> commissioners, this matter is submitted. >> this is an interesting case. certainly can see why there may be some confusion over what is 75 feet from what or where -- where. it seems obvious to me that it would be hard as a member of the public to know the earth bar is there. and it's more than 75 feet from the location of the proposed mobile food facility even if it was a full-on entrance to the street. if the door from the earth bar opened right at the earth bar it would be outside of the radius. i'm sensitive because it's also a small business. i don't know if it's a chain but it's a business that employees

people that has a clientele it's trying to reach in order to provide its product but also to provide jobs for the folks that work there and provide what it provides. it doesn't seem to me that it's product wise huge competition which i think part of the regulations we have is to prevent the restaurants from competing and digging into each other's businesses. hopefully folks at the equinox want to keep healthy and have the acai bowls. and it's not there every day. it's there three days a week so it's not in full competition with the earth bar hours. i would not about against the appeal. >> you would be prepared to grant the peel. the appeal.

>> sorry. >> they remove like or similar food from the ordinance or for the approval. several years ago we've had a lot of mffs come before us and food trucks. and i find it strange that the building is represented but yet the earth bar doesn't have a problem or representation here having a problem. but at the same time fundamentally i am a strong proponent of small business brick and mortar. and i think by having food trucks and mffs in that facility, especially in this day and time where brick and mortar are having such a hard time, i cannot support this. i do support their business. i think it's a great model. i supported them when they were in front of macy's. but in this case i am not prepared to support them. >> i have a question for d.p.w. am i correct that on various days and various times there are

other food trucks on that block particularly on the north side of pine between montgomery and samson? >> i'm not familiar with other mobile food facilities on that block >> there are some -- plenty on pine. [off mic] >> i'm sorry. can't have a member of the public responding. you don't know any other permits for food trucks on that north side of pine? >> i'm not quite sure >> we had one from -- >> we saw pictures. >> yes. okay. yeah. so i needed to note that. thank you. >> just making lunch plans or -- >> never mind [laughter] >> they just opened up their first brick and mortar themselves. so congratulations for that. >> i think the only way to make sense of this ordinance and the

resulting public works order is to exclude earth bar from it. and the reason that i have for that is because i think that the primary entrance of earth bar cannot be the front entrance of the building itself. it has to be something that's actually at the earth bar, probably the 3 feet in front of it where people stand. otherwise i don't know that you could read 9 and 9 feet together to ever make sense. and so like the food court at the westfield mall, i think 9 feet applies because it's a 75-feet requirement does not apply. so i would deny the appeal. >> who is going to make a motion? >> i move to deny the appeal and uphold the permit on the basis that it was properly issued >> we have a motion from commissioner tanner to deny the appeal and uphold the permit on the basis it was properly issued.

on that motion. [roll call vote] that motion carries 3-0. and the appeal is denied. >> is there any further business? >> this concludes the hearing >> we are adjourned.

>> good afternoon, it's 1:00 p.m. my name is miguel bustos and this is a regular meeting of the commission on community investments and infrastructure the successor agency commission to the san francisco redevelopment agency for tuesday, november 19th, 2019. welcome to members of the public and both present and listening. >> clerk: thank you mr. chair. first order is item one roll call. commissioner brackett is absent.

commissioner scott. >> here. >> vice-chair rosales. >> chair. >> chair bustos. >> here. >> and all other members of the commission are present. the next order of business is item 2 announcements. item a the next regularly scheduled meeting will be held on december 3rd, 2019 in city hall room 416. the announcement of sound producing electronic devices during the meeting. the ring of a cell phone pagers and similar sound-producing electronic devices are prohibited. please be advise the chair may order of removal from the meeting room of any persons responsible for the ringing of or use of a cell phone, pager or other similar sound-producing electronic device. c, announcement of time allotment for public comments. a member of the public has three minutes to make comments on each agenda item unless the commission adopts a shorter period. that is strongly recommended

that members of the public who wish to address the commission fill out a speaker card and submit the card to the secretary. the next order of business is item 3 report on actions taken at a previous closed session meeting if any. there are no reportable actions. the next action of business is item -- the next order of business is matters of unfinished business. there are no matters of unfinished business. the next order of business is item 5 matters of new business consisting of a consent and regular agenda. first a consent agenda. item 5a approval of minutes from the regular meetings of october 1st and october 15th of 2019. mr. chair. >> >> do we have any speaker cards. >> no speaker cards. >> anybody wish to speak on these items? seeing none, i'll close the public comment. >> i move approval of the minutes. >> we have a motion. >> i second that motion.

>> thank you. madam secretary please take roll. >> commissioner members please announce your vote when i call your name. brack t is absence. commissioner scott. >> here. >> vice-chair rosales. >> yes. >> bustos. >> yes. the vote is three ayes, one absent. >> thank you. call the next item. >> the next order of business is the regular agenda 5-b approvalling a variance of the bay view industrial try aungel redevelopment plan to apply the light industrial or commercial land use category to a portion of property designated as light industrial. conditionally approving the design of a six-storey mixed use building comprised of 85 dwelling units including 17 affordable units and ground floor commercial space and adopting violence and bay view discussion and action, resolution number 28-2019.

madam director -- >> thank you madam secretary. commissioners, this item is before you as a recommendation from staff. as you can see the developer is seeking approval for the proposed project. it's been in the works for months and they have had extensive community outreach process. we've worked with the city agencies including the district supervisor to get us to this point. we're happy that it includes inclusionary housing up to 60% a.m.i. and it also has a retail space of 6,000 that will be on the ground floor. and it's going to incorporate all of our local hiring goals and policies as well as contracting. with that, we have laura schiffly who is going to present on this item. we have an extensive representation of the development team and during her presentation she'll introduce

them. with that i'll turn it over to you to give the presentation and i'd like to thank the staff for all the work on this item. thank you. >> thank you director and good afternoon commissioners. again, i'm laura scheifele an owes at planner at ociii. can you hear? is that ok? today we are seeking commission approval of the schematic dough sign of a six-storey mixed use building with 82 units including 17 ra forward able17 affordable units in the bay view industrial triangle redevelopment area. as well as a variance to the redevelopment plan to law receipten --residential uses across the site. the bay view industrial triangle project area, circled here, is one of seven redevelopment areas in san francisco where oci has lend its authority.

the bay view industrial triangle redevelopment plan was adopted in 1980 and ocii will maintain land use authority until the plan expires in 2020. the project area is comprised of six city blocks within within the bay view neighborhood. it's on two parcels on the west side of third street between ennis and gerald avenues. the parcel area is about 19,000 square feet and it's currently fenced and vacant. this is a photo of the existing site. looking north across third street. the vacant lots include surface parking, a one-storey vacant building on lot 45 and a one-storey former fast food drive through on lot 48. and another view of the site looking south on third street. the project site is situated in very close proximity to transit with convenient pedestrian and bicycle access as well.

the main building entrance proposed along third street is across the street from the money' t light rail stop and it's a one-minute walk to the 54 bus and a five minute walk to many other bus lanes. a neighborhood amenities within a five-minute walk of the site include cafes restaurants churches and banks. the commission also recently approved a number of commercial spaces in mixed use projects along third street adjacent to the site which hasn't been built. per the redevelopment plan map there are three land use districts in the project area. most of the project site is within the light industrial or commercial strict shown here in pink. this designation permits residential uses above ground floor commercial uses and the light industrial district shown in blue does not permit residential uses. as you can see the project sites zoning is split between the two uses and the smaller portion of lot 48 shown in blue is located within the light

industrial district which does not permit residential uses. the split zoning of the site reflects the former parcellization at the time of planet option in 1980. and lot 48 is the result of a lot merger and covers the extent of the former fast food drive in fronting third street. the redevelopment plan expires junojune 30th. the underlining zoning will apply and the planning department plans to rezone the planned area. the community workshop addressing the zoning update will be held tomorrow evening at the bay view offer house. planning staff recommend zoning the main third street corridor as m.c.t. the proposed rezoning alliance with this project proposal. the bay view industrial

triangle designed for development, assigns the development controls. the redevelopment area boundary is shown within the blue over lay here. the entire project site lies within district 3 the third street corridor design district which allows for greater building heights and densities along and oriented towards third street. section 9 of the row development plan outlines procedures for discretionary agencies variance approval. including demonstration of unique hardships or unreasonable limitations. any variance must comply with the intent of the plan. a stated goal of the plan includes quote the removal of impediments to land disposition and development through the assembly of vacant and under developed land into reasonable sized and shaped parcels end quote. a description of that applies. the split zoning of lot 48 is a unique circumstance as compared to the surrounding land use districts and parcels and it

convicts mixed-use development on this site. the project sponsor studied developments and areas including separate buildings and different configurations of mixed use buildings such as a narrow, single loaded corridor building. however, these configurations render development economically and feasible on this site due to the added cost of structural redundancy and inofficial building late out and circulation. staff has determined the strict compliance with the planned zoning creates unreasonable development limitations and render a mixed-use development on these two parcels. a variance to allow mixed-use development across the entirety of the site would make the plan zoning consistent with the area plan the general plan and the design for development. because of the site's unique development hardships and zoning inconsistency the owner is requesting a variance from the redevelopment plan to permit dwelling units across lot 48.

the building is comprised of five residential floors above the commercial ground floor. 17 of the 85 residential units 20% are below market rate distributed across the building. 4/1 ratio and height of 65 feet. the proposed development meets the building height and setback requirements and the project meets the residential parking and open space requirements and provides four times the required bicycle park to go align with san francisco department current recommendations. the proposed development complies with these and all other design for development requirements. this highlights some of the building and including public

street i am provements. the 6,000 square feet of ground floor commercial area is divided into six separate spaces and a flexibility of size to serve a variety of commercial and retail tenants. the commercial spaces will be marketed to local bay view businesses. this rendering illustrates the proposed project and the architect will present the building design, program and materials. >> good afternoon commissioners. commissioner chair bustos. i'm mark from workshop one and i'm the project architect. i'm joined bit rest of our team, which is andrea baker who led the outreach and she'll talk about that towards the end of the presentation and will millard and chris hearny. thank you for the opportunity to allow me to walk you through the proposed project and its design

evolution. our projectory reflects -- let me see where i'm at. our project reflects a three-year design and outreach process we started in 2016 and with significantly informed by community input. as you may know our project site has been under utilized having been operated as a fast food drive through restaurant for decades. its location next to the third street muni metro line makes it an excellent housing opportunity site. this image shows the site from the corner of ennis and third street. our site is unique that it book-ends a city block it has two corners unique from one another because of third streets angle. this angle inspired the project's most prominent visual feature a arctic lated. solid and transparent panels,

and anna burneddens of decks and it breaks up the length of the building and reduces its perceived scale. this is emphasized by the top level setback and continuously broken roof line. it's animated in that it looks different depending on ones' vantage point. the transitions at the street level to create that individual or tall commercial storefronts. we felt it was important commercial -- having this articulation would help to promote a pedestrian-friendly experience creating better opportunities for distinct businesses and you can see that the storefront itself has an inverse creating saw tooth with unique indoor and outdoor retail

spaces. i'm going to run you around the rest of it. they have a simple architect actual form that is connected by the same material pallet and a similar architect actual language and this is looking at the project south on ennis avenue and towards the backside. and again looking at the project stabbing in front of gerald avenue. my partner will deliver a 3hd model to help explain the project. thank you.

>> it had metal panels to reflect the sites contact. base on community input over the past year, this approach was changed to include high-quality wood texture panels and warm tones offset by crisp white panels and contrasting black windows. the result was something more reflective of the residential context across the street and the eastside of third street. and those are the materials samples that you have before you. they're all pre finished and require no maintenance over thereoverovertheir lifetime. before i walk you through the building's floor plans, i want to cuts discuss the evolution of the program. last year the project consisted of 100 residential units. because of community input the number of residential units was reduced to 85 which increased the average unit size by over

100 square feet. we did this while providing 17 affordable housing units 20% of the project total at 60% of the area median income. additionally the owner has agreed to dedicate 1,000 square feet of commercial ground floor space to bay view-based businesses rent free for a term of 10 years. as you will see the commercial spaces shown in red front all three streets. and can be easily demise able, perfect for small or new businesses. the entry is centrally located along third street as shown in yellow. and the rich street scape design was developed by the san francisco based outerspace landscape architect actual who developed the landscaping for the rear yard and the roof level. if the residential level building wraps around a second level landscaped rear yard, a unit size of 818 square feet

includes a nice mix with studios, shown in white one bedrooms shown in yellow, two bedrooms shown in light orange, and three bedrooms shown in dark orange. one-third of the units have private outdoor space. either as a deck where in the landscaped year yard. the floor plan maintains the same layout on all the residential levels with a top back at the upper floor used as a terrace for those adjacent units. the roof level contains a large shared landscape open space which can host a variety of large and small activities for both groups and individuals. the roof also contains some non accessible large planted areas to meet the stormwater management requirements. the landscape design at all areas follows the d for d guidelines including the specific plantings shown in this

slide. this slide highlights the team that we assembled for the project of highly experienced consultants and although it's premature for us to select the project's general contractor we do look forward to discussion its construction with san francisco and bay view base builders. at this point i'm going to hand the presentation over to andrea baker who will walk through the history of the project's outreach. thank you. >> good afternoon commissioners. andrea baker for andrea baker consulting and as mike shared with you, we were primarily responsible for the outreach for this project. i won't take much of your time. i will say it is reflected on the slide that we have seven community meetings over the course of almost three years. as mike indicated this project

started at 145 units so it took a lot of community conversation to get us to something that today i think we all feel really proud of. also reflected on our slide is the fact that we went to the bay view cac on six different occasions. what is not reflected on the slide, are numerous small group and individual meetings with bay view stakeholders key bay view stakeholders and that addressed issues like concerns for our small businesses and the neighborhood and how would they be accommodated as a real concern that our small businesses not be gentrified out of the neighborhood as those changes happen. it also involves the color and materials. we talked about spaces at the

group floor level and with that i am going to be quiet and i'm here and can answer any questions that you might have regarding outreach. and it has all other controls and the. >> this is including a notice of special restrictions for the b.m.r. unit and development impact fees and designer view protocol. the sponsor has volunteered to market all commercial spaces to

local neighborhood serving businesses. >> and finally ocii staff recommend the commission conditionally approve the variance to the redevelopment plan and the schematic dedine at 4200 third street. thank you for your time and we can take questions. >> thank you. madam secretary speaker cards for this item? >> we have one speaker oscar james. >> oscar james. resident of bay view hunters

point. from the presentation they made today and also ecstatic about them doing a 10-year free rental for community residents. i haven't heard of that type of program since the early or the late 50s. when they first built the produce market and gave those produced market people the

50-year lease. i 100% i have a problem when people say low rent or below market rate rent, we have people in our community who are older and have no rent or below low so they look at something that and i do look this project and the

building and at one time st. john's church owned their property. at that particular corner so thank you very much. >> thank you. >> we have dierdra smith. >> ms. smith. >> >> good afternoon commissioner, president and all commissioners that's present. my name is dierdra smith and i'm born and raised from the bay bay view community. i'm excited and ask for your support to be passed. as oscar james stated, if a couple of units could be available for our homeless families in our communities and we do have by the school a

family of families living in their vans that would be excited to be able to have first preference or an opportunity so just asking on behalf of this community for your support to pass it. thank you. >> thank you. >> no more speaker cards. >> is there anybody else wishing to speak on this item? seeing none, i'm going to close public comment and i'll turn to my fellow commissioners for any questions. >> just to thank laura mike and andrea for such a wonderful detailed report and i'm impressed. especially with remarks that have just been made. >> thank you. >> i want to acknowledge for the record that we got letters of support in your park et.

packet. i wanted to read that into the record that you have that in your packet. >> thank you. my comments are i love the design. i like the color pallets. before the word warm was introduced that's the feeling that i got which is very nice. just from a look and when just seeing the model of how it's articulated on one side it's very handsome is the word that comes to mind. i had a couple of follow-up questions and it might have been covered in the presentation. the b.m.r. units are they going to be studio, one bedroom? do we know? who bedrooms? >> they're an equivalent mix of all the other units. >> ok. >> all right. and in terms of how the selection of the bmr households,

is that something that since it's a private project project is that in collaboration with the city? >> i will let pam answer that >> thank you. >> pam sims, development specialist for oci. actually, we will consider this an inclusionary project and the units will go in through lottery. >> those are my questions. the only question i have and i'm not sure how to mitigate this is we have a church across the street. we also have bay view mission that is run by deacon and other organizations around there and there's been a trend when new housing comes up, the new neighbors tend to have a problem with existing organizations and

there is a recent example in oakland where a new building was built and a church was there for 85 years. the new neighbors all of a sudden were upset that there was the music the gospel music rehearsal dates evenings and and so i don't know how we can mitigate. maybe it's through letting people know that there are existing organizations in the rental agreement and so you are asking to do it and so i would ask something maybe staff could work with you to look at putting something in the leases to be able to say that there are organizations that exist that are serving and have been serving the community for a long

time. in the mills i see new neighbors coming in and not wanting us to do carn a val when we've been doing it for 50 years and they leave after two or three years and those of us that stay do our culture events. i would ask if staff can work with that i am not sure if our city attorney can weigh into make sure we let people know. thank you for being considerate and thinking about the 10 year lease agreement for local businesses. one thing i think that this commission has shown time and time again is that projects that lift the community and grow the community as well