commissioner borden: i skwrjustd of -- you know. president olague: commissioner moore. commissioner moore: i am prepared to support the continuance but what i would suggest is we ask the two parties it spend time talking to each other so a d.r. might not be necessary. spend time talkin each other so a d.r. might not be necessary. spend time talkin each other so a d.r. might not be necessary.t spend time talki each other so a d.r. might not be necessary.o spend time talkio each other so a d.r. might not be necessary. i don't care at all for the windows over the garage but i'm not going to get into it. the other thing i would like to remind myself and perhaps all of us the reason we are here is really to look at cases and this falls way, way out of it and i think resolving this in the residential design team is inappropriate for this case. i do believe that the issues are far more grave than just adjusting a design. i think since there is a strong and somewhat confusing legal history of violations as a base, i think it will take a hell of a lot more than just sitting in d

commissioner borden? commissioner borden: your comments reminded me that in the paper it said the district that would experience the most growth would be too, forced, 6, 7, and 11. they have greater than the median norm of population growth. i was really surprised at four and seven. we do not have a lot of projects on that side of the city. which we obviously knew about, and 10, which was somewhat knew about. there is more development than we have approved there. it will be interesting to look at the census numbers, to kind of see if there was any growth and development in these neighborhoods or if there was more big houses. it will be interesting to figure out why -- particularly 4, 7, and 11 had such a huge growth in their population numbers. president olague: there was a reduction in nine. a lot of families from nine. commissioner antonini: staff is just finishing this. the census data from my district. so, you should be seeing that. commissioner borden: what correlation is there between housing and ot

commissioner borden? commissioner borden: i recognize that this has been going on a long time. i do not want to be disrespectful. if it is just one week and the calendar can accommodate it. i feel terrible -- rather, for the overall process sake, potential other things that happen after the fact. it might be better for the project sponsor is the dr can present their case. it would be better to have them presents. i do think for the process purpose -- it does not mean that this person cannot and will not pursue other avenues after our decision, depending on what the decision is, but at the same time, i would like for us to -- if it is just one week on our calendar and it can accommodate it -- i do not know what is on the calendar. commissioner olague: we can go ahead and schedule it for the first part of the calendar. go ahead and do that. if the dr requestor is not here, we are going to move ahead with that. commissioner borden: i do not mean to be disrespectful, -- commissioner olague: i had not realize

. >> commissioner borden? >> aye. >> commissioner fong? >> aye. >> commissioner moore? >> aye. >> commissioner miguel? >> aye. >> commissioner olague. >> aye. thank you, commissioners. madam president, are you going to take item five now or at the beginning of the regular calendar? >> we're going to hear it now. >> item number five. case number 2011.0228-c for 55 page streefment -- street. just a minute, let me turn on your mic. hold on just a moment. >> good afternoon, president olague and department staff. this is a request for conditional use for 14975, to allow 17 rental b.m.r. units to be converted to for sale b.m.r. units. property ject is within the nct-3 and 85-x districts. the b.m.r. units in this project were offered voluntarily. since that time the city has revised the affordable housing program and no longer accept rental b.m.r. units but requires for sale units or in lieu fees. this is consistent with current law on the subject. the existing b.m.r. units have never been rent and the projects will not displace any tenants in the building. the mayor's office

commissioner ants nene? >> aye. >> missioner borden? >> aye. >> commissioner fong? >> aye. >> commissioner borden? >> aye. >> commissioner sugaya? >> aye. >> commissioner miguel? >> aye. >> commissioner o'lag yay? >> aye. >> the minutes are approved. any other commission matters? president olague: commissioner miguel. vice-president miguel: yes, during the week i met with people regarding 401 grove, pier 70, 55 laguna, and also with at&t, and i would like to point out that the american society of landscape architects, northern california chapter, has awarded the mission district streetscape plan, their 2011 merit award. david allen ballgame and that team should be -- allenabugh and their team should be congratulated, and in addition, this would not have happened in normal circumstances. the plan wouldn't have even started under normal circumstances, because this is the type of planning -- long-range planning basically that is normally funded through the general fund. and there literally isn't any general fund. and this was because of the department being able to secure grants to do the work. so the

president olague: commissioner borden. commissioner borden: i would say the same. i actually support -- in general, i think it's great to have massage places and i think accupressure can be wonderful. i've had it done before. it sounds like you have great qualifications with your background. but the recent web search of information that was pulled up and you say it's not your business, i think it does warrant a further investigation and actually, there's a massage place where -- we approved in my neighborhood where i live and the windows are always covered and there's a bell to get in. so it's like -- they came back a second time for an approval and then decided to go down a path that's unacceptable and i reported it to police and also reported it to the zoning administrator. but i know how this happens sometimes. and i'm not saying that this is going to happen, and i'm not suggesting that about the project sponsor, but given the number of other facilities, and makes sense to do a little more due diligence to look into the situation. and i think it's -- it sounds l

commissioner borden: i would like to move to continue the item. commissioner olague: we have to period to august 4. >> thank you, commissioners. the motion on the floors to continue the item. continue the item. on that motion

commissioner borden: i wanted the staff to clarify some things. it is something in the staff report that i have also seen. we have been talking about definitions and it sounded like a restaurant and a full liquor license would be considered a bar. in the chart, you show that a bar is something that doesn't serve food. >> once you get a full liquor license, the planning code considers it a us currently. if you are a full-service restaurant and you do this, we will deny that application. >> it is a little concerning in the sense that full liquor licenses are very much restaurants. i don't want to make it more complex, but it concerned me in the sense that it is different. it would be a better determination, i am not trying to add another category. >> i think they have different liquor license types. if you are a bonafide eating establishment, [unintelligible] commissioner borden: i don't want to add an extra category, but if there is a way to make the restaurant distinction consistent with that of abc, it would be easy in some way. i don't know if t

commissioner borden? commissioner borden: this is a classic case where someone needs a venue to vet an issue and this becomes the venue. what we're here to decide is whether there are exceptional, extraordinary circumstances relating to the legalization of the downstairs being used as part of the overall unit of the house. from the plans i've seen here, this is the direction we often encourage, there's a lot of issues with secondary or illegal units and so this goes to correct that possibility and that's the direction that we tend to want to go into. and that's what the scope of this permit is about. you know, i'm sympathetic to the neighbor's concern about the garr banal and if he was just here listening to another application, it's a problem in the neighborhood, i have the same problem in my neighborhood, people are rifling through garbage cans late at night, steeling the -- stealing the trash and it's an issue that far transcends enclosed trash structures, so you know, i don't see any reason, first off

commissioner borden: what correlation is there between housing and other kinds of districts? >> i think so. i will look to that to be certain. >> thank you, commissioners. you can move on to the director's report, directors announcements -- director's announcements. >> thank you. commissioners, i have one in to call your attention to. there is a memo regarding the japantown neighborhood process, and there are community meetings coming up there are three meetings. june 1, to 27 and july 31. -- june 1, june 27, and july 31. what is the time of the meeting? they are all happening at 1840 sutter st. at 8:00 in the evening, i believe. it does not have the time on it. as the community is looking at the planet that you had seen at about a year-and-a-half ago. they are booking added and recommending changes. these meetings will be held to get a broader view on the plan. again, june 1, june 27, in july 31. i think scott has something. >> i just wanted to remark on the legislation on the three frontage is sponsored by supervisor mirkarimi became effective. residential units seeking a pa

commissioner borden. >> i move to approve a items continued and specified on the calendar. >> move to approve the continuance. >> on that motion to continue said items, commissioner antonini? [roll call] so moved, commissioners. the motion passes unanimously. on the consent calendar, all matters listed hereunder constitute a consent calendar are considered to be routine by the planning commission and will be acted upon by a single roll call vote of the commission. there will be no separate discussion of these items unless a member of the commission, public, or staff so requests, in which event the matter shall be removed from the consent calendar and considered as a separate item at this or a future hearing. you have two items for case number is 2,010.0626 c, and item six, case #20 10.0614 c. also a request for conditional use authorization. the preliminary recommendation is approved with recommendations. >> is there any public comment on items proposed for consent? seeing none, public comment is closed. commissioner more. >> move to approve both projects on the consent calendar. >> s

. >> commissioner borden:? >> aye. >> commissioner fong:? >> that's kind of a broad direction but aye. >> commissioner moore:? >> aye. commissioner sugaya: no. >> thank you, that motion passes 5-2 with commissioners ant teeny and sugaya voting against. the item is continued until september 22 with a new project emerging. on the variance -- >> yes, we will continue the variance of the same case. >> madam president,/we can take a short recess. president o'brien: we need -- president owe laying: we will take a ten-minute recess. >> we will ask you not to take the next item next. >> that's correct. >> the commission has taken a ten-minute recess. when we come back, >> or any electronic device that's may sound off during the proceedings. we're going to jump ahead and take case 2001.21c for 1765 waller street. >> good afternoon, president olague and members of the planning commission. sharon young, department staff. the item before you is request for authorization under section 121.2 and 303 of planning code to allow a use that exceeds 399 square

commissioner borden: it would be useful to know, this units. the owner is also the owner of the care facility? are these separate -- >> the other families. >> just to clarify, we want this to be part of the care facility. dakota, those permits, a single family dwelling. this is not new. commissioner borden: i am trying to understand the relationship. it was not going to be a revenue source for the center, just for the family to live there. i have asked my question. i was just trying to determine whether or not there was an economic value through them that it would help subsidize the facility. that would make something may be more desirable. if there was an economic rationale. >> there is a motion and a second with intent to disapprove. on that motion -- [roll call vote] so moved, commissioners. it passes unanimously. >> we don't want to go beyond a couple of weeks, let me go to the calendar. may 19 i don't think it's doable. let's place it on the may 26 calendar. having two separate hearings, i don't think it is something. it is quick though. l

commissioner borden: in the program, it reads quite highly about the rigorous educational value. they cannot own any real estate. all their people are working professionals. with that, i would move to close the hearing on the i.m.p. president olague: is there a second? no, there is no need for a second. i forget sometimes. with that, the hearing is closed. >> thank you. the i.m.p. has been closed with the indication there is no public hearing. thank you. commissioners, we now move forward to general public comment with a time limit of 15 minutes. the public will address you on items of interest to the public within the jurisdiction of this commission. each member of the public may address you for a total of three minutes. the entire category does have a 15-minute time limit. president olague:harland hoffman? >> good afternoon, commissioners. can you hear me? i'm here to address an issue that is on the calendar for next week but was hurt last week before the historic preservation -- but was heard last week before the historic preservation commission. i have documents for liberty h

commissioner borden? commissioner borden: i move to approve the inp. commission president olague: thank you. >> [unintelligible] >> ok. this is under general public comment. commission president olague: you go to the microphone and you have three minutes to speak about an item that is not on today's agenda. >> let me read it into the agenda. at this time, the commission will entertain items of interest to the general public with except to agenda items. each member of the public may address the commission for up to three minutes. this portion of the hearing shall not exceed 15 minutes. i have no speaker cards. commission president olague: you have up to 3 minutes. >> this is not on the agenda, but you know the uc-berkeley extension -- i do not know -- commission president olague: into our name, ma'am? >> serra. you know the mural and everything? there were birds that nest in industries and migrate. everybody in the neighborhood knew. they chopped down all the trees overnight with no notice to anyone. and i hear they want to put some apartment complex th

commissioner borden: someone brought up the conditional use and it is professional and desirable. it is about creating communities and making communities better and neighbors coming together to enhance the city and the neighborhood character. the testimony, whether from the homeless outreach worker, the nurse or numerous numbers of people in this room have proven this operator, this existing relocation is desirable. we could not ask for a more model applicant, it sounds like and we wish we could replicate you all across polka street -- [applause] i recognize the concerns people have. i was recently -- there were some friends from out of town who suggested we get to hemlock. i got back into a taxi and left. it was just a bit much for me. i get the 11 people are concerned about. the drunkenness, -- i gets the elegant people are concerned about. but we cannot make the mistakes of broad brush in all kinds of people or influences or whatever it might be. i hate it when people say i had experience with one bar handlebars are bad. we learned to be objective and independent and we have to

commissioner borden: i want to thank the department for working on this. i was having a conversation with someone doing a bathroom remodel about the fees and just how they're saying that the cost -- not only is the fee cost high initially but just in general if you're doing code compliant work it's more expensive in the construction process, and if it's not code compliance. it's really a scary thing. people who recognize that these codes protect them, that this is a good thing. so i think helping bring more projects to come to us to actually get the permits because we see quite a bit of projects that come before us without the benefit of permits, as we often say in a very kind of nice you've nix. hopefully with a step in this direction, people will seek those necessary permits and we will actually achieve more revenue as opposeed to a loss because we're making it affordable for people to do so. i think this is a step in the right direction and i move to approve. president olague: commissioner moore? commissioner moore: i just want to say it's clear transfe

. >> commissioner borden? commissioner borden: i am for this project and i think it's a good project but want to piggyback what would be interesting in the hearing is two things and that would be useful to know and a lot of parts in the u.s. with single-family homes, the average home size is 1600 square feet and we are not talking about huge places and think even though they have a different column, the average house size in the u.s. is not as big as we think unless you go to the megamcmansion areas. we will probably be surprised to know what the square footage is and to see that data from san francisco to the extent that is possible with the average size of a unit in jeaned where that falls in and you can have a great discussion and there are families who live in hotels and individual who is live in very large places by themselves. there is a gamut and different people find livability different based upon the way they treat space or use space. so i think it's a challenge. and also in that hearing it is helpfu

i agree with commissioner borden's comments that maybe something can be done with the rear of the building. but i do also agree with commissioner fong that this is the family's dream and certainly we want to see them pursue their project there but there are so many difficulties. the tree and that should be definitely protected and then also the needs of the family and so there's all these things to consider. but i wish there were a way we could resolve some of these issues here tonight. give direction, take d.r., give direction to the architect and then maybe ask that the design come back. but i'm not sure if we're at place where we can get there. commissioner moore: i don't think for me personaly, it's not as much about giving direction but encouraging that the buildings ar manize in a more persuasive way. they come interest very, very different ends of practice -- different -- they come from very, very different ends of practice. he's designed his own home to be in harmony with adjoining homes which was very well explained. somebody else wants to make a statement and still one fit and pe

commissioner borden: move to approve. >> second. president olague: commissioner antonini? commissioner antonini: no comment. president olague: i visited the project two years ago and spoke about the odors and some of the complaints and i got the whole dour. i think it's an excellent use for that site. i trust we will get the written agreement. that was like two years ago, you were working with project -- the nonprofit next door. commissioner sugaya? commissioner sugaya: sorry i'm late. i'm quite familiar with this. i do know the property. i do know the executive director of the child abuse center. and one question that i have with respect to condition number 12, staff. on odor control, my understanding is that the issue with the child abuse center was triggered by smells but in fact is not so much a smell issue as toxic chemical issue into their establishment. and i understand there's a settlement of some kind between the two parties involved. but i think this condition depends on your being able to smell something. and is it possible that there would be chemicals used in

commissioner borden: aye. commissioner moore: no. vice-president miguel: aye. president olague: aye. we will be taking a 10-minute recess before the next item. we will take our recess now.

commissioner borden: aye. commissioner moore: no. vice-president miguel: aye. president olague: aye. we will be taking a 10-minute recess before the next item. we will take our recess now. to relocate from curious street to a vacant storefront at 1423 polk street. the bar is being relocated to make room for the medical establishment. include a service window. because it is located less than 3 feet from the front property line, it would also require conditional use authorization as a walk up facility. no entertainment uses are proposed for the bar. what upholstery corridor posts a number of projects, it would not be an overconcentration because the relocation would not result in increased in the number of bars and the area. the current property owner of the existing location has agreed to record a restriction on the property that would preclude the future establishment of a bar at that location should the expansion plans changed to not include that parcel. it should also be noted there are no bars currently operating in the 1400 block of polk street. the storefr

commissioner borden: aye. commissioner fong: aye. >> commissioner sugaya has stepped out. you are now at general public comment. president olague: is there any general public comment on items that were not on the agenda? seeing none, the meeting is adjourned. vice president miguel: if i can ask everyone to come over here for a >> welcome to "culture wire." today we're headed to smpling f. camera works, a premiere venue for artists working in photographer, video, and digital media. the latest exhibition lists clearness as a set of political alliances and possibilities that it is behind the sphere of dominant gay and lesbian culture. the curator fills us in on the process of creating this thoughtful exhibition. and what she would like you to take away from it. >> i co-cureated with danny, a chicago-based writer and curator. the conceptual framework is what it means to be clear and radical for our generation. clearness as a set of political alliances and possibilities, not necessarily related to institutions of gender and swam formativity. danny and i wanted the show to feel

commissioner borden: aye. commissioner fong: aye. >> commissioner sugaya has stepped out. you are now at general public comment. president olague: is there any general public comment on items that were not on the agenda? seeing none, the meeting is adjourned. vice president miguel: if i can ask everyone to come over here for a

. >> commissioner borden. >> aye. >> commissioner moore. >> no. >> commissioner olague. >> aye. >> commissioner sugaya. >> aye. >> that passed 5-1 with commissioner moore voting against you are on item 12. case 2011.0194d at 4090 26th street, request for discretionary review.

commissioner borden: aye. commissioner fong: aye. commissioner moore: aye. commissioner sugaya: aye. vice president miguel: no. president olague: aye. >> motion passes 6-1 with commissioner miguel voting against. commissioners, i'm assuming that is for all three -- >> can i ask a question on that? if between now and then they come to some resolution -- president olague: we have to see it because it's a mandatory d.r. because of the demolition. so we do have to see it. ok, commissioners. >> you are now at general public comment. president olague: we should have voted for the demolition right now. why don't we do that? we'd have to rescind our votes. >> we can't. president olague: ok. that's fine. thank you, linda. general public comment. is there any general public comment on items that were not on today's agenda? seeing none, general public comment is closed. and the meeting is adjourned. >> good morning. today is wednesday, may 18, 2011. this is the meeting of the abatement appeals board. i like to remind everyone to please turn off all electronic devices.

. >> commissioner borden. >> aye. >> commissioner miguel. >> aye. >> commissioner fong. >> thank you, commissioners. that motion passed unanimously. commissioners, you are on item 14a andb, 2004.091ck for 899 valencia street. the item on the calendar, 14a is the conditional use authorization and 14b the shadow. and i think you will hear them both together, but you need to take your action on the shadow first before you take your c.u. action. >> good afternoon, commissioners. ben fu, planning department staff. the 899 valencia on planning code 134, 151, 175, and to allow the demolition of existing service station and construction of a new approximately 50,000 square foot 52'4" containing 18 dwelling units, ground-floor retail space and below-grade parking spaces and two commercial spaces and two car share spaces. the project utilizes the eastern neighborhood pipeline status per planning commissioning code section 175.6e to elect to conform to the controls under the former have lens ya street neighborhood commercial zoning district. and the project size currently trends zoning district

. >> commissioner borden. >> a few questions for staff. >> we are not a party to the planning agreement. >> the development agreement you are party to. >> for the design for development, that is something can evolve. the design is correct? >> this can be evolved to the extend that any proposed changes do not have the basic vested raises in the agreement. >> there are some of the structural issues that the commissioner has raised. those things will go to the future bank does not work. >> the commission is the body that has the authority. >> we still have that discretion. we actually have a greater discretion than we would have in the previous iteration. what is the percentage of trust land versus non trust land? >> most of the development is happening on non trust land under state land rules. you cannot build housing on trust property. >> architecture should increase with this change, not decrease. we will have properties coming before us on a regular basis. >> you have no land use jurisdiction. >> the current version of the 8000 housing units in the general open space, was that approved

commissioner borden: i am not going to say too much, but i would agree with the commissioners ha, ha the point that they highlighted, i think there are major issues. it looks masses. i think that that needs to be worked on also. that size and scale, it is quite large. there are elements of the project that is very attractive, some of the streetscapes. i think there's a lot more work still to be done on this project. the biggest concern is the issue of traffic. we are not discussing traffic today, but it is a big concern. we couldn't help but notice the lack of cars. with that be the bus rapid transit lane? that is within the realm of what we looked at today. we looked at examining this further, but the comment would be to let's look at how we are scaling and massing these buildings. in trying to create a more safe corridor for people even though it is more than one. that is the heart of where the challenges are in the design. i think saint luke's can be done really well. there are some relief thoughtful things. the major design issues are around the venice project. commissioner sugay

. >> commissioner borden. >> aye. >> commissioner moore. >> no. >> commissioner olague. >> aye. >> commissioner sugaya. >> aye. >> that passed 5-1 with commissioner moore voting against you are on item 12. case 2011.0194d at 4090 26th street, request for discretionary review. >> thank you. i am sitting in for delvin washington who is the team leader and this is an abbrevi e abbreviated discretionary review request and the project proposes to replace an existing single story deck and shed structure at the rear of an existing single family residence and placing a three-story horizontal rear extension at the two main levels over the basement and the additional measures are approximately 10 feet by 20 feet wide with a slope roof that measures 3 feet tall at the highest point to allow for a clear story window into the living space for additional light if project includes a triangular bay projection and among interior expansion and is 160 square feet and the proposed new rear building wall will be set back 22 feet from the rear property line. the project property is located with the rh2 zoning distri

. >> commissioner borden. >> aye. >> commissioner fong? >> i am just returning and i