8-0.1, the plans call for a base, a middle, and a top. that doesn't look like much of a base here. >> yeah. brad terell, sia consulting. we looked at that, and one of the things that came back to us was why don't we just do it simpler, so we just developed an aesthetic that was a foreground element. so the base -- drag this with me over here. here, you see there, the way the box bays go up and penetrate and interrupt that background, so yes, the 2' 10''

parapet that's capped, the piece of metal -- >> commissioner richards: thank you point to it, please? >> it's here. >> commissioner richards: it's black? >> yes. and the box bays project and interrupt that. so we have a standard height where parapets are normally high, in this case, we're trying to control that in such a way that it keeps it simple, but something that's not trying too hard to overwhelm the street. it's certainly something we could dial in further if need be in conditioning with staff and the like. >> commissioner richards: i'd actually like to see it a little bit higher. >> well, we had a discussion -- >> commissioner richards: i have had involved in that. when i was talking on the phone

with mr. kemler, when you see it on paper, it looks like a pencil mustache drawn on a big fat man. >> we tried to keep a relationship between those parts in a way in which one is seco secondary and one is higher. this is the image submitted to you back in may. >> commissioner richards: so the image -- okay. right. >> you recall -- yeah. that is t that was the flying parapet. that was distinct in such a way that it was trying to develop a little bit of relief at the top, but it was still a 42-inch parapet. we adjusted that to today, which is a parapet that's been interrupted. tried to do something quiet,

simple richar simple. >> commissioner richards: sure. do you think if you did something a little bit higher, that would ruin it? >> no. the metal could go down a few inches or up a few inches. >> commissioner richards: i think i would like you to work with staff to make it a little bit more pronounced. second, we have a project at market, 15th, and sanchez where the facade of the building hides this e.t.-like huge contraption on top of the roof, but as you're coming down, you see it. what type of screening do you have because this building is not going to be seen not only from the -- building is going to be seen not only from the front, but all-around. how can we screen it as much as possible from view? >> in that image there, that's where we are today. mr. kevler indicated that we

made that concession. so it's screened from view and isn't seen from the sidewalk. sorry. >> commissioner richards: and does this have to be 16 feet? >> so the override, the six or so feet of override above the 10 feet, that typically is an osha standard. any top-delivered suspended-type elevator is typically delivered at 16 feet. >> commissioner richards: i appreciate your inputs. i move the motion you directed to work with staff on making the top of the building appear more pronounced. and with the conditions read into the record.

>> second. >> clerk: if there's nothing further, commissioners, there's a motion before the commission, all units will be on a six-month minimum rent and no rental to corporations or nonprofits, and if the current legislation passes, it would supersede these conditions as well as a condition added by commissioner richards to continue working with staff on the top to make it more pronounced. on that motion -- [roll call] >> clerk: so moved, commissioners. that motion passes unanimously, 5-0. and through the chair, we'll be taking item 22 at this time for case number 201901462 cua for 54 capp street, conditional use

authorization. >> all right. good evening, commissioners. the item before you is a conditional use authorization pursuant to planning code sections 209.4 and 3 and 317 to convert two residential dwelling units and to establish a community facility use at 552 and 554 capp street. in the rt-2 zoning district. it includes conversion of a single-family residence and

cottage to a community use. the project includes 1,250 square feet of renovations to the rear building, and the second story seconding bridge to the adjacent building in the second phase. the proposal would expand the operation of community music center, c.m.c., concurrently operating on the adjacent lot at 554 capp street. c.m.c. is a nonprofit organization and has been providing service to the community for almost 100 years. the proposed conversion and expansion will allow c.m.c. to increation enrollment -- increase enrollment by almost 400 students on a weekly basis and provide more programs for low-income individuals and families. the property has two units

which are vacant since may 2012, when the previous owners removed the units from the rental market. for public outreach, the project sponsor has a long history of collaboration with many nonprofit organizations and with san francisco unified school district. a preapplication meeting was held with the community on september 4, 2018, and an additional community meeting was held on february 5, 2019. in addition, c.m.c. reached out to various organizations in the neighborhood directly to discuss the project, including calle 24 latino cultural development, housing rights committee and mission neighborhood centers. c.m.c. was able to work closely with representatives of u.s.m. to identify specific ways of maximizing project benefits to

the community and sign the m.o.u. august 28, 2019. to date, the project sponsor has submitted letters of support from mission neighborhood centers, san francisco unified school district, mission delores neighborhood associations, and approximately 360 support letters from students and families. in addition, the department recommends approval with conditions as the project is on balance consistent with the mission area plan and consistent with the policies of the general plan. all of the projects result in the loss of two residential units. the project will help expand the c.m.c.s project, eliminate overflow in the existing campus, and provide more services. the project sponsor team is here to present and has prepared a presentation.

i'm available for questions. >> president melgar: thank you very much. we will now hear from the project sponsor. we need the computer. >> good evening, president melgar and planning commissioners. my name is julie steinberg, and i'm pleased to come before you to assist us in the work to expand or home and our campus after nearly 100 years in the district. founded in 1921, c.m.c. is 99 years young, growing from a small, volunteer-run school founded in the settlement tradition serving a handful of immigrant families to today. c.m.c. is one of the largest

and most dynamic community schools in the country and the largest on the west coast. c.m.c. provides free and low cost lessons and classes to 3100 students of all ages and stages providing 2.4 million tuition assistance to 60% of our students. our small by mighty concert hall is home to more than 240 concerts each year enjoyed by more than 18,000 people each year. though we may be historic, receiving our approval from the -- of a legacy business designation just yesterday, we do rely on equity and innovation and the voices of our community to be successful. c.m.c. is committed to sustaining culturally responsive programs for older adults, very young children and

families, the immigrant community and the lgbt community to name just a few. we're focused on the residents, including our partnerships with the san francisco united school district and our older adult choir programs as well as our free and low-cost performances. c.m.c. facility at 554 capp street is well loved but truly cannot fulfill our mission to provide music to everyone. most distressing is the number of students we cannot serve as a result of the lack of appropriate space. as of today, c.m.c. has a waiting list of 134 students. by expanding our campus, we will over come barriers and double the number of students that we serve today. we will also preserve an asset for the community. the new facility will include

nine new teaching spaces, a space for a faculty library and staff space will effectively change the game in how c.m.c. can deliver our services. to talk more about our approach, i'd like to ask lisa gelfin to say a few words. >> great thanks for the client for putting together a wonderful program. what we have is actually a victorian house that is next to the historic community music center facility, and they are united in the front on the sidewalk by a retaining wall, so they've always sort of meant to be a campus. and what we're able to do with this remodel is to preserve the -- the character of the existing house, make it a better neighbor, and we're also going to be able to -- to get handicapped or a.d.a. accessibility to the entire campus so the community music center can continue to offer

meeting space, which they do now, to community groups, only now they're not accessible, so they will be. basically by doing the one elevator and a future bridge between the two buildings, we'll be able to make the entire campus accessible. and as julie says, they've got a small but mighty concert hall. we're adding an even smaller ensemble space. it will be the first performance space for many of the kids here. it's a small space, and we've worked hard to keep it that way. it's in the neighborhood, it serves everybody, old people, young people, and it will continue to fit right into the neighborhood. >> president melgar: thank you. >> other significant benefits will be realized as a result of this project.

we thank the mission to save the mission for working with us. we also acknowledge that the housing crisis in our neighborhood and our city is real and that we at c.m.c. have a responsibility to protect this important asset and keep it in community. should i stop? okay. thanks. >> president melgar: thank you. we will now take public comment on this item. i have a bunch of speaker cards, however, they are all for the project. so given that we have no opposition, i would ask commenters to limit their comments to one minute. so come on up. if you want to speak, please lineup on the left, not in front of the door because that is a fire hazard, and come on

up. >> clerk: in any order. >> president melgar: somebody start, please. >> i'm patricia lee. i am the retired professor of music at san francisco state. i chaired the department for nearly 20 years. i joined the board of the community music center because i had taught as a graduate student at two sister schools in new haven and philadelphia, and i knew the benefit of this kind of a program for making music accessible to people who would otherwise not have an opportunity. i have seen it work so well here. we have the largest scholarship program i think of any of the schools in our community, and i was president of the board of community music center at the time that we acquired the house seven years ago. at the time, the board was very concerned that in the -- that

they could maintain their scholarship program at the same time as having a capital campaign. we have succeeded in keeping that mission very firmly in our minds, at the same time serving more people and raising more money. >> clerk: thank you. >> thank you. >> president melgar: thank you. next speaker, please. >> hi. i'm not in opposition, but i came actually to just bring in to the room that seven adults and a child, including myself was evicted from this home 6.5 years ago in order to expand this space, and i spent six years listening to music classes next door, and i really have a lot of love and respect for the music center community, but it's really important that the histories of the city get named, and i wanted to just bring that here today. >> president melgar: thank you.

>> thank you. >> president melgar: next speaker, please. >> my name is ashley alvarado. ♪ when there is light in the soul, there is beauty in the person ♪ ♪ when there is beauty in the person, there is harmony in the home ♪ ♪ when there is harmony in the home, there is honor in the nation ♪

♪ when there is honor in the nation, there is peace in the world ♪ >> president melgar: thank you so much. [applause] >> president melgar: next speaker, please. >> my name is ina zepeda, and she will translate because my english is still upside down. [speaking spanish language] >> i'm thankful to the c.m.c. for the opportunity it's given my daughter to discover her talent in music. [speaking spanish language] >> and to be part of the

children's choir and to learn piano. [speaking spanish language] >> which helps her to have more confidence in herself and to be a social person with all the people at c.m.c. [speaking spanish language] >> which helps her to reach for fulfilling her dreams. [speaking spanish language] >> i'd like c.m.c. to keep growing to offer opportunities to more children, young adults, and seniors. [speaking spanish language] >> and causing more impact on lives and planting seeds. [speaking spanish language] >> with their love and

dedication to be -- what they put into the musical education and to make more dreams become true. >> thank you very much. >> thank you. >> president melgar: thank you. next speaker, please. >> good evening and thank you for letting us speak in favor of this project. my name is grace haneman, and i'm here to urge your support. my association with c.m.c. goes back to 1970. i was part of the administration for 18 years, and i'm currently on the faculty at the richmond district branch. i've worked at other fine organizations, but what keeps bringing me back to c.m.c. is that we're a community, which is front and center in our

name. making music together creates community and challenges us to be our best, and the community at c.m.c. is for everyone. as you've seen, all races, all abilities, all income, all music styles. c.m.c. has never lost its focus on the community. even with collaborations across the city and with mission branch and on 30th avenue, the building on capp is bursting at the seams as you've heard. this will allow them to serve more students, create a.d.a. accountability, and provide new opportunities. i urge you to support it very much. >> clerk: ma'am, your time is up. >> president melgar: thank you. >> good evening.

my name is maria aldaz. my daughter is an alumni. she started a little bit older than that little girl, to sing in middle school. and people said well she maybe has a talent for singing, so i pursued her getting into the community music center, and they game her second home, her -- became her second home, her second family. they were there with love and support while she was navigating her teenage years which you know can be a little bit difficult. she learned to appreciate her latino heritage, her latino background, but she also discovered a passion for classical music. and from there, that was her stepping stone to get into a girl's classical choir. she attended and just graduated from u.c. irvine where she got a bachelor's in music and vocal

performance. she is now attending the san francisco everyboconservetory music, so they build a community. >> clerk: ma'am, your time is up. >> president melgar: thank you so much. >> thank you. >> president melgar: next speaker, please. >> good evening. my name is estella moreno, and i'm going to speak about our choir director. she unfortunately had an emergency, so i'm going to tell you about the three things that she's done. she was the director for ten years for mdynp, and also, she is currently doing three choirs in the city in the mission district, and the mariachi program in the school district. she does three schools, and so -- so it's so important, you

know, for you to approve this expansion because of all the work that c.m.c. does. now i know my time is over but now i'm going to invite my choir members for us to sing one little bit of a song for you. one little bit only. >> president melgar: you can give them all one additional minute. [♪]

>> i've been a student for many years and it's making my life fuller and happier and learning

a musical culture in san francisco and i really hope you approve this project. we need more practice room. >> someone's phone is ringing. if you turn it off that would be appreciated. next speaker, please. >> good evening. my name is debra reagor. i have done volunteer work and promotional music work for c.m.c. and i've been in the mission district since the 90s. c.m.c.'s mission of making music education accessible for all has resulted in the provision of hundreds of skips and grants ensuring equity is actively maintained. inclusivity is at the heart of cnc's operating principles

preventing workshops brings together humanity and from toddlers to people of every race, creed and ethnicity from all socioeconomic backgrounds and every gender identity. it's people coming together and experiencing that with only needs evoke community and connectiveness. the campus expansion of cmc will allow to grow and serve more community residents who will potentially benefit tremendously with access to music education that window be possible otherwise. furthermore, these funds will provide heightened accessibility to the old structure allowing the cnc to reach those who are physically disabled and unable to access the building using the stairs. >> thank you. >> i am here today to contribute my voice and ask you make it brighter. >> thank you, ma'am. >> next speaker, please. >> hello, my name is susan pena

and the previous spoker spoke about classes being offered to toddlers to senior citizens. when i first was asked to teach a class a few years ago, the music and spanish, and i looked at catalog, i was a little bit astounded my age group was 0-3. so, it's actually -- we start earlier than toddlers. what i'm actually doing, i hesitate to call it teaching but i'm providing emersion and live music that is the basis for lifelong love and later study of music for children in spanish. >> next speaker, please. >> thank you, commissioners for your time and your work. my name is howard falon. i live in the city over 40 years and i own my home and i vote. i've taken classes at cmc. i regularly attend student performances on the campus. i support project and i hope you

support it too. >> thank you. next speaker, please. >> my name is emily and my daughter who is 14-years-old and a freshman at mission high school, is a trumpet player. since 2018, she's been a part of the cmc mission district youth music program. it's a tuition free program that provides her and middle and high school students with a education in latin music including weekly private lessons, saturday anden sum bell class and performing in the community. the highlight of her first year -- the highlight of her first year was participating in the animal carnival parade where cmc was part of an award winning contingent with seniors from ruth table and beth knee center and from trash mash up the and marshal high school marching band. cmc is a san francisco

institution serving as a resource for free and affordable music education and appreciate ace in the heart of the district mission district. approving the campus expansion project will help cmc serve future generations of san franciscans for many more years to come. thank you. >> thank you, next speaker, please. >> hi, my name is see could i a

>> i believe in that magic and i'm glad i did. >> thank you so much for your comments. >> next speaker, please. >> that's it. any other public comment on this item? with that public comment is closed. ms. steinberg, i would like to ask about the first public comments about the eviction that took place, if you could, take us through and there's some legal issues for us and so if you could explain to us what happened? >> yes, of course. and also i think if it's appropriate i'd like to write a number of our project committees who work on this assessment who was part of the purchase of the owner and paul can share in

steps we took to ensure that we were in community and that discussion. >> please. >> >> we heard that the property was coming up for sale and i think 2011 and the owner was planning to buy it. we knew her peripherally and began a conversation we realized she was going to ellis act the building. that wasn't what we had in mind. she put it on the market and she didn't make it easy to purchase. we competed against other buyers and the other buyers would not be operating it as the affordable renting house in the past. it was us buying it for our expansion in the community or going probably to a single

family that would pay a lot of money and convert into a home opioid building there. we were dis pushed about the ellis act eviction and the next building over as you might sometimes the san francisco tenants union so we also knew ted. ted and some of you may know and we went and talked to ted and said, here is the situation. what is our respons responsibil? in the end he blessed the purchase. he said, i'm not going to come out and support your purchase but i'm not going to oppose it because you didn't have anything to do with the emissions and we encourage you to buy the building. >> what year was the purchase?

>> it was 2012. so it's been eight years. >> since years since we bought it. >> we closed in the fall of 2012? >> thank you. >> ok. >> commissioners. >> motion to approve. >> second. >> is there a second. >> commissioner, thank you. >> commissioners, there's a motion that has been second to approve this matter with conditions, commissioner diamond. >> aye. >> johnson. >> aye. >> koppel. >> aye. >> and president melgar. >> aye. >> so moved. that motion passes 4-0. commissioners, that will place us back on item -- we have additional business to attend to.

>> thank you. that will brings us back to item 119. we will probably need commissioner richards if he is here. otherwise we won't have a quorum. >> i'm not leaving. >> we need commissioner richards. for 461 29th street, please note on august 29th, 2019 after hearing in closing public this was continued to november 7th, 2019 with direction from the commission about a 6-0. commissioner johnson, you were absent. on november 7th, without hearing it was continued to today's date. commissioner johnson, you were absent and commissioner diamond you were not yet seated as a commissioner. in order to participate, you would have had to reviewed the previous hearing and materials and if you can acknowledge as much today you can participate.

>> i have reviewed the material. >> i have not given i was appointed this week, i have not. >> we will need to recuse you from this matter but it would be better if commissioner richards were here. >> so we would need -- we have quorum to be and to hear the items so i just texted commissioner richards -- i don't know where he is. should we go onto the next item. >> we'll be forced to take the next item. >> i'm so zar, we have to take the next item and come back to this. >> very good, commissioners, we're on item 20 for 2019-004849cua2406 bush street conditional use authorization.

>> good evening. i'm going to be very brief given the lateness of the hour and you have many more items on the agenda to cover tonight. the project before you is a conditional use authorization to legalize the merger of two dwelling units into one dwelling unit within the rh3 zoning district. the authorized use of the building is two-family per the report of residential building record. the previous configuration of the building consisted of two equally sized slats, the two units have been merged without permit into one 2200 square foot single family home. no exterior modifications are proposed. this is a long standing code enforcement case that was originally filed with both the department of building inspections and planning. a case history is included as exhibit e in your packet. the violation also included window replacement and

construction of two decks at the back of the building which will be under separate permits at the outcome of today's hearing. if approved, the that resulted in the merger of two dwelling units and interior partition walls and an interior front entry door which separated the former unit were removed. the kitchen in the second unit on the top floor, was also removed and converted into a master bedroom. the cost estimate to restore the second unit is included in your packets as exhibit f. per the applicant, the estimate to restore the second unit is estimated between 10 to $15,000. as reported by the rent board, an owner move in eviction occurred before the dwelling units were merged. the building is currently owner

occupied. the department recommendation is that you disapprove the dwelling unit merger as noted in the executive summary, the project would sanction work without city permit removing two naturally affordable flats and the housing stock. and would legalize a single family home in a three-family zoning district. this concludes my presentation. >> is there a project sponsor? come on up. >> commissioner, thank you for your time. i regular i'll be brief because it's late in the hour. i purchased in july of 2001. and i have lived there up until about nine months ago and raised my two daughters in san

francisco. when i purchased the home, there was a tenant there, kathleen and john o'shea and we were very transparent with them and they were very co-operative with us. we moved them to the vacant unit upstairs and we moved in our selves downstairs and began renovations to the home with permits. this is when you could go in and pull an over the counter permit for such work. all the permits i pulled from 2002 to 2005 were over the counter permits. my error at the time was and final but it still remains a non

compliant building and i sold the building to someone who is use particular as a single family home and living in it and they are fully aware of the issues. but i'm cooperating with them as the private sponsor and the applicant for this work. there's no work necessary to do what we're asking and make a single family home and if you were familiar with the area there are three italian victoria yans in a row one is 2406 bush street and the other two are single-family homes occupied by long-time homeowners as single family. one of them at 2426 commissioned a study that i submit as part of my application from bloom feld historic architect that has the actual history from 1882 and these were built to the building

is 137-years-old and 80% of its life it's been a single family home and in 1976, it was converted or legalized to two families. when i took ownership of it, the second floor was barely habitable and i'm a general contractor and i spent years on it restoring it back to a beautiful victoria as it was intended and covered up with stucco and what was the second unit was a took cop and undercounter size refrigerator. i don't know if anyone was living up there in rough shape. to restore it back is only 10 to $15,000 because it would be putting in a divider and two very narrow doors and this is not in the spirit of san francisco housing and it may not be necessary i think it's

desirable and compatible although there are other buildings around that for sure the three buildings were built as single family and are all being occupied as single family. thank you for your consideration and your time. i appreciate it. >> thank you. >> do we have any public comment on this item? >> with that public comment is now closed. commissioner richards. >> a couple of questions. so when the units were merged was it legal then? >> i would actually allow staff to answer that question. >> >> we'll ask you to come up again. >> mrs. oakland. >> no, the merger was not done with permits. >> it needed a permit? >> correct.

today it would require that. >> the penalty due in the packet is $319,750 from april 21, 2012 to october 2015. plus additional penalty until corrective action taken. we're up to half a million dollars? >> that was reduced and the total fees paid to date have been about $24,000. >> do you know why it was reduced? >> i don't have the exact information why. i am here representing code compliance cases but i'm not part of the deem. >> we have a comment when someone was talking about fees -- penalties and they were cheaper of talking tickets and this is a cow, all this happens and when they got done they were

reduced 90 some percent and it's eye-opening. i can understand the project sponsors desire to live in a single family house. i thought you were doing the right thing. you didn't get a permit and we're in 2019 and i think things are different than they were when you did this and there's an affordable crisis and you took a naturally somewhat naturally affordable unit off the market so i wouldn't be inclined to support this. >> i wouldn't support it city. i'm the time that i've done to the commission we have not approved any unit merger let alone legalized illegal once so i am not not, inclined to take

it's not consistent with a policy that this commission has followed since i've been here but can you please clarify for me what the staff is recommending, again, i'm sorry, it's late and i'm tired. >> say it again. >> there were only minor changes made. the plans, if you look at your online park et are more clear than those represented in the printed packet and unfortunately there was a printing error. on the ground floor there was an interior entry door that was removed. that can be easily put back in place. on the top floor it was not in good shape and the total estimate to do the work to restore the unit would be between 10 to 15,000 per their

estimate. that is what we would be approving. we would ask the applicant to have a permit to that effect. >> yes. did you want to say something? the motion in your packet is for disapproval? >> yes. >> i got that. >> ok. >> commissioner diamond. >> so it was built as a single family house and then legally converted to a two-unit residence and illegally converted back to a single-family house? >> that's correct. per the throw hour report there are permits dating from the 1970s that show two units. it's very common for single-family homes to have been converted. yet there is a penalty or not a penalty? >> a penalty has been paid and i

believe they are up-to-date on their penalties but if they could not respond in timely manner to tonight's decision, they would insure -- >> what was the amount of the penalty? >> the penalties for code enforcement are standard $250 per day. >> >> it's in rh3. >> correct. > >> thro three family zone. >> anybody want to make a motion? >> move to disapprove. >> second. >> thank you, commissioners. if there's nothing further, there's a motion and seconds to disapprove the requested authorization on that motion. diamond. >> aye. >> johnson. >> aye. >> richards. >> aye. >> koppel. >> aye. >> president melgar. >> aye. >> so moved. that motion passes 5-0. now, we will go back to item 19 for case 20-2008 461

29th street. i will repeat that on august 29th, 2019 after hearing closing public comment you continued this matter to november 7th with direction by the commission of a vote to 6-0. commissioner johnson you were absent and commissioner diamond you were not seated yet on november 7th. you continued the matter to today's date by a vote of 5-1. you need to acknowledge that you have reviewed the previous hearing and materials. >> i have. >> thank you. >> and i have not because i was just seated this week. >> very good. so, we would need to recuse commissioner diamond. move to recuse commissioner diamond. >> second. >> on that motion to recuse commissioner diamond. commissioner diamond. >> aye. >> commissioner johnson. >> aye. >> commissioner richards. >> aye. >> commissioner koppel. >> aye. >> press melgar. >> aye.

>> so moved that motion passes 5-0. so commissioner diamond, you will need to actually leave the chambers. [laughter] whose phone is ringing and dinging, can you turn it off, please? >> this is the revised motion. good evening, commissioners, brigitte hix planning department staff, project before you is a conditional use authorization for the demolition of the an existing 1,284 single family home and a residential building with two dwelling units and one accessory dwelling unit in the rh2 zoning district. and this requires a conditional use to demolish the existing residential unit. it was heard on the 29th at the

hearing, neighbors and commissioners voiced concerns about the emassing, unit size and design were out of context for the neighborhood. the commission voted to continue the item to the seventh. the revisions were not complete by that date which is why we were continued to today's date. sponsors held a meeting to receive comments from the neighbors and 50 neighbors attended that meeting. since the last hearing the following changes have been made. a third unit has been added to the proposal as an a.d.u. and the garage faces an increase with one vehicle parking space and one bicycle parking space for each of the three units. the facade has been redesigned to more closely align with vertical patterns found throughout the neighborhood. the facade materials have been changed to stucco, painted wood and the stone base. the height of the building has been decreased by six inches and the fourth floor has been reduced to be setback 15 feet from the front facade and extend no further than the massing to the neighbor to the west at 467

29th in the year. the roof deck has been eliminated and the light wells increases to match the neighboring light. the department has received a letter questioning the integrity of the historic resource determination. based on the public feedback regarding analysis to the subject property alterations, staff has reviewed and added further analysis to the categorical exemption and historic resource evaluation response which follows -- based on addition alanal sis of the building's development and alteration history it does not appear the alterations completed circa 1930s and are significant in their own right. these alterations do not appear to be completed by a master architect and do not possess high artistic value and the building would be considered an individually eligibility historic resource. the existing structure is still determined to be not a historic resource and a new categorical exemption was issued on novembe.

staff recommend approve of this condition use. as noted. the project is involved the demolition of a residential structure the replacement building will provide three family-size units and structure has been determined to not be a historic resource under ceqa and it meets all applicable requirements and is consistent with the intent of the zoning and this concludes staff's presentation and i'm available for questions. >> thank you. >> is this the second hearing up three minutes and any public comment will have one. >> ok, thank you. good evening, commissioners. very briefly, top tunney and the project sponsor asked me to help with the project following the last hearing. the last substantive hearing knowing significant changes needed to be made. and we've achieved that we

believe. there was some difficulty in that there were conflicting interests and some people wanted three units and some people wanted two, some didn't like the fourth floor and some were ok with it. in the end, we just followed staff direction. as much as we could zoo and i think completely. there's three units. the fourth floor has been reduced by a third. and flor area and as stated removed the roof deck, expanded the light wells and i would turn to our architect who can go through the details but we're available for any questions you may have. >> thank you. >> are we ready?

>> we are. >> all right. my name is early wise. brigitte did a great job there. there was a couple of things that i wanted to bring up she missed. we're not going to stuck o no one wanted stucco so we're doing the lap siding on the front as requested by the neighbors. there was two individuals that reached out. light wells, we did increase the light well. she was worried we were going to be a story and and a half. we put a fence on the first floor, normally we don't put that down but, the unit is actually half a floor up and our entry will be lower. >> it might work better. >> sorry about that. a couple of other things that we did and were not brought up is we removed the top there were by a third.

we brought it all the way back. we increased the light wells. we took a big chunk out of the corner over the stairs. r.d.t. was very specific in how they wanted to put a corner from the front. anyway, if you have questions, i would be happy to answer them but we're trying. thank you. >> thank you so much. we will now take public comment on this item. because this is a second time you only get a minute. so, please lineup on my left and we do have one speaker card, andrew lavigne. come on up. did you submit -- did you take it through jonah. you can do an organized opposition. you are not all speaking, right. it's just you?

>> we have two. >> come on up. >> wait. wait, wait. you have two people? you need three. >> well, evan had to leave and one person created a -- >> i can be the third person. >> great. >> let's do it. >> they get 10 minutes. >> can do you it in five minutes? >> i'll talk fast. >> and let's go through it. i know it's late. >> it is for us. >> i've been here all day too. >> i am andy lavigne. architect. i live on 29th street, 447, three doors down from the subject property. we represent the neighborhood. i have support from 51 people who signed a petition. the three items that we want to talk about is one is it's on the petition people signed is they don't want a four-storey building. it's out of context with the

building, we want three-storeys. the second item was it was too bulky. unaffordable by design. the project sponsor is doing a huge building over built but he is also not taking into consideration the neighbor's light wells, and there's a lot of ways to make it easier. the third item is the facade treatment is out of scale with the context on the block. what i'd like to start with -- and from the hearing on august 29th, just there was a -- let me go through this quickly. commissioner asked for the architect to revise the drawings and they asked them to be in more context with the neighborhood and to take input from the neighbors. i want to be clear, the project sponsor did not have a meeting with the neighbors. we scheduled that meeting, the project architect did come without any drawings and it was frustrating. we wanted to have some response

and let's see -- we'd like to start with a 3-d model we created. we asked for a shadow studies. can we have some help. >> just put it in the computer. it's your own computer. you can put it on the overhead. >> you have to call i.t. up and hook it up. just lay it on the thing. >> sf gov, would you go to the overhead, please. >> great. >> the three model shows the -- that is the existing building in the center. and the shadows that it's creating. is it going? >>