on that commissioner antonini. >> aye. >> border. >> aye. >> hill lis. >> aye. >> fong. aye. * >> thank you. that passes unanimously. any other matters? >> commissioner moore. >> there is an article which i read regarding the he and t utility boxes, which will be installed as the lawsuit failed. i would like to ask the director to give us an update how we will be dealing with 700 new utility cabinets, each six foot wide, four foot tall, two foot deep. which will be installed without any of the additional utility boxes being removed. there is an expectation they will be installed in a manner that will allow vehicle doors to open. with narrow sidewalks in many areas, i consider that an issue. also a big challenge to our magistrate's plan. i'm seing in the and instruct of knowing where these particular utility box also be installed, but i'm saying with enough concern as the department had provided comment and push-back relative to these boxes being permitted. also i would like to get guidance as to whether or not these boxes will basically not require further rooftop instal

ok, commissioner antonini. commissioner antonini: thank you. i have a few questions for the speaker. part of what i have heard is that in regards to the first responders, that the downpayment assistance would not be limited to those who are below the 120th percentile. i am not sure if that is -- >> that is correct. i am glad you brought that up. >-commissioner antonini: looking at the numbers, particularly if you had two members of a household, they would almost be by definition over the threshold. then a great question. supervisor -- >> great question. supervisor farrell offered an amendment. the programs are defined broadly in the housing trust fund as limited to households to make up to 120% ami, but includes the provision of a and first responders, and defines those as emergency personnel -- provision of "and first responders." >> there is an understanding that as the ami increases, the subsidy becomes less. you can ask more units produced at a higher ami level, which makes sense. >> exactly. tension is that the obligation would remain cons

seeing none, commissioners, commissioner antonini? >> thank you for the corrections that were made and i would move to approve both sets of minutes. is there a second? >> second. >> thank you. commissioners. on the motion to approve the draft minutes from the regular meetings of july 12 and august 2nd, commissioner antonini? >> aye, commissioner hillis? >> aye. >> commissioner moore? aye. >> commissioner antonini? >> aye. >> commissioner fine? >> aye. >> you want to check if we lost sfgtv. >> we'll take just a short technical recess. >> ok. i apologize for that. sfgtv will pick us up. we are being -- in progress. commissioners, we're now at any other commission matter. item number nine on your calendar. >> commissioner hoar? >> i would like to ask that -- >> commissioner moore? >> i would like to ask if there is more information that there might be a developer. that disappeared. we were all very, very disapointed. i read like one or two liner that there might be somebody expressing interest with some end that he might be repackaging t

seeing none, commissioner antonini. >> commissioner antonini: move to continue items 1, 2, 3, 4 -- 1, 2, and 4 to the dates on the calendar but 3 will be to october 25, 2012. then, also, item 13 to september 20, 2012. >> second. >> president fong: on that motion, commission i can't, aye, commission bored en, eye. commission lilis, eye. commissioner moore, eye, commissioner fong, aye. that passes unanimously. which places you under the consent calendar, 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 or staff makes such a request in which it will be considered as a separate item at this or a future item. case no. 5 at 1098 harrison street request for office development authorize. item 6, at 1195 eefns avenue request for conditional use authorization. items 7(a) and b, for case -- at 180 jones street, 181 turk street request for amend to conditions of apreschool for conditional use authorization in planning code section 161(h), 25

that motion passed five to two with commissioners antonini and commissioner hillis voting against. thank you, commissioners, you are now on item number 16, case number 2012 .072 3-d, 1050

commissioner antonini. >> aye. >> commissioner borden. >> aye. commissioner hillis. >> aye. >> commissioner sugaya. >> no. >> wu. >> no. >> thank you. motion passes 6-1 with commissioner sugaya voting against. * >> commissioners you are on item number five. >> thank you. >> number 2012.0548c for 38th street, conditional use authorization. approximate >> commissioner moore. >> reason why i pulled this off consent is only give her the opportunity to explain the background why this is in front of us. it is somewhat unusual situation but clarifis the record by which this project being on consent could potentially be misunderstood by others. >> thank you. >> if you'd like i will go through a brief presentation to get a little background on this project. elizabeth wadi, planning department staff. this is a conditional use authorization to establish a temporary 24-space parking lot not to exceed two years at t 38th between market and mission in c3g. as part of the project it will be improved for landscaping and orn mentals, installation of three street

commissioner antonini: i understand. property-tax continues and will only get higher as the parties are sold. it is not really lengthening the time of the bond but rather using the tax increment which remains, but instead of it having to be used specifically in the project area, it can now be used for the housing trust fund. >> that is correct. commissioner antonini: then there is the issue about the gross receipts tax, which is a separate issue that will be part of the ballot measure, but i believe i heard a figure of $13 million is the part that would have to come out of the gross receipts. at least i guess that is the initial figure. is that a figure that would grow as time went on? >> that is correct. it is not linked to the housing trust fund, the gross receipts tax measure. the general fund revenues at the discretion of the board through the budgetary process, but for the purposes of our sizing of the housing trust fund, we use a figure of $13 million in year one that would be revenue generated from the gross recei

that motion passed five to two with commissioners antonini and commissioner hillis voting against. thank you, commissioners, you are now on item number 16, case number 2012 .072 3-d, 1050 valencia street. and who are you? >> the dr requester. >> and they're supporting your dr? the president's going to ask for the dr requester and then whoever wants to follow you can follow in the order you want. the president has said no, thank you. >> okay. >> i called the project. >> good evening, commissioners, rick sucre, the item before you is for a request for discretionary review associated with a new construction of a five storey debasement mixed use building at 1050, to 1058 valencia street, the proposed project would construct 12 dwelling units, one fraikt parking spot, 24 bike kl parking spaces and a ground floor restaurant measuring 1040 square feet, it would consist of 4 dwelling bedroom units of which two would be designated below market rent units, to date, the project has received many public comments, in detail, the department has received 15 comments including letters from four co

>> i mean, i too like commissioner antonini are generally supportive of expanding the envelopes of buildings and development but i agree with him on a lot of the points and i think what's wrong is the size of the lots and the size of the lots compared -- the existing lot here, the 20 foot lot here compare today the 50 foot lots of the adjacent buildings, the building that's there now and the design that's there now is great, it's an example of how you can put a modern building in this context as to older buildings, i think it works and i think it works contextually with the size of the lot and with the size of the lot adjacent to it but it goes a little too far in the expansion on that size of a lot for this building, so i would agree in taking up dr, i think the design of the new structure is great, it could work elsewhere, i don't think it works on this 20 foot lot adjacent to these buildings. could an addition work, sure, i think it probably could but i don't think what's before us could. >> commissioner sugaya. >> i have a question, on the upper floor that's being questioned, you have a

commissioner antonini posed a very good observation. we are not going to it sit it is you design the project but spend time on this. this will not be approved because two, three blocks over something is similar. will it not be. i leave it to you to come back with the same, plus changes to drawings or take another crack at i don't care. the project will be continued and you are being asked as to whether or not will it be continued for four weeks, six weeks or three months. you have a choice to answer that at this moment. >> four weeks would be more than sufficient. >> fine. >> commissioner hillis. >> can i just ask the project sponsor a question. i mean, have you met with the neighbors and talked with them? are you amenable to setbacks on their side of the project? >> mark the neighbor did send in his drawing prior to submitting it to your panel. i did respond to him that i don't think that is a fair compromise at all. >> not saying that. are you amenable to any compromise on that side? >> on some levels to some things. some of the thing

management from commissioner borden and despite prospero before he retired and commissioner antonini taking over the seat of mr. peters and making it clear the steps that were needed and not done, the situation is to promote the conditional use appeal that the developer's attempt, although a subtle letter next time, the message is clear, so my message is we have here a commission, we have a department director and a minute ago, we had a deputy city attorney and i think that the time is long past to ask the city attorney to take the steps that you normally take in this kind of situation -- oh, she is still here -- that you have the city attorney initiate actions towards court orders, fines and condemnation, this is the thing that needs to be done while we're working, you know, the other attempt at resolution. the property manager in the city says, you know, nothing i can do exactly because i can't get authorized to do anything by the officials in sacramento or the people here, so when the people who really are managing the property there, the two owners on the two sets of corners cont

commissioner antonini: thank you. i agree with virtually everyone who spoke, and i think this is important legislation. i know we can opine on it today. it has been presented that it is hard for so many. it makes sense, logically, that it is hard to absorb when you have fewer units built. it is easier when you have more units to spread the cost over. we had 50 leaders from the housing industry who came together, which was very impressive, because often these leaders are at odds with each other, and they were able to agree on things. i think that is impressive. also, this particular size, five to ten units, is very desirable for buyers, because you are in a group where, if there is a condominium unit, you have a smaller number of members and often have lower hoa fees. it makes it more attractive for buyers to have that variety to choose from. as has been pointed out, a lot of the building in neighborhoods, infill building, is done in this size, because you do not have spaces that lend themselves to a larger number of u

on that motion, commissioner antonini? >> aye. >> commissioner borden? >> aye. >> commissioner sugaya? >> aye. >> thank you, commissioners, the vote is unanimous for approval. commissioners, you are now on item number 14. case number 2011.0148e, minnie and lovie ward hayfields ren novation, 650 capitol avenue, >> good afternoon, president fong, i'm [inaudible] joining me today is [inaudible] from record parks, the item before you is for the preliminary mitigated negative deck lar attesting, the project proposed by rec and park includes the replacement of a 6 acre grass turf playfield with synthetic turf, an installation of 6.1 acre public sports facility, the planning department published a pmnd, the department received an appeal letter from kelly watt ts, it includes about human health risks from the use of synthetic turf products, exhibit a in your packet addresses each packet, similar comments as those described in this appeal for the final eir for the beech l.a. project, an appeal to the board of supervisors was filed on june 12, 2012. on july 10, 20

commissioner antonini? commissioner antonini? : well, thank you. i want to tell you that all trips do not have to be uncomfortable as was mentioned earlier, i would hope. and there are some people who take bus. a certain percentage of patients do come by public transportation. some drive and some actually do ride bucks. so it's a mix situation. and i think that what we really need to do here in terms of the parking issue is just simply ask project sponsor to, you know, explore parking in the area. there is a lot on eighth avenue near clement. my accountant is at 338. i've never been at the lot when it is closed to being filled. there is parking available less than a block away from the office. but i can see it could be an issue particularly for staff who are going to be there all day. so i would encourage project sponsor to look around the neighborhood and see if he can purchase some parking for us, staff members at least. patients -- actually have happier patients if he could final -- find places to park. it's not a kfpblet i'm just making that as

>> aye. >> commissioner antonini >> aye? those a'ms

commissioner antonini only included the bay consideration at the corner. i don't particularly like the design that is dated august 28th or whatever the heck it is, and kind of prefer the other one frankly, and i think other commissioners have stated that. i understand that there's some issue with the corner bay, but, you know -- >> yes, there are issues with all the bay windows because they are too close tokt, we can work around the bay windows, otherwise, it's a variance. i think there's a way to modify the bay windows to make them code complying. >> just in terms of my last piece, just in terms of a fear of having to go to a variance which i understand can be appealed, i mean, this can be appealed too, right, i mean, this can go to the board of appeals, then if they don't like it, they can appeal your building permit, right, so in any case, there are going to be appeals no matter what, so for my way of thinking, if it requires a variance to get a better project, i would go that route. i said if it takes a variance to get a better project and to -- what s

commissioner antonini: thank you. i am impressed by this and my concern is this is a little different from all the other mcd's we have had. they are for-profit organizations that are run by the owners of these mcd's. we have a little better recourse if there were problems because we have organizations that are responsible for this mcd and if we have someone we can speak to if there were any things that neighbors have commented on being afraid of. thank you. >> i am generally skeptical but this one could be a model for the future. we have this problem with the situation where there is a lot of cash being spent on something that is often desired by a lot of other people. maybe not necessarily the patient but we have the oversight here which i like a lot. the proceeds are going for charitable causes which is another beneficial thing. there is no on-site consumption which is really important. i would say i am supportive of this one. i hope it will be looked at closely to see if it is effective and they can coordinate thei

hillis and commissioner antonini were talking about, it seems as though the developer's quite willing to work with the theatre in terms of the specific issues that were just discussed. i think that related to drainage, ventilation, light, realizing that some of that is due to property line issues and i heard him say he's willing to put in a skylight or some kind of ventilation. anyway, that might be part of any motion that we make. with respect to noise transmission, i think there are two issues for me anyway, one is noise that emanates from the completed building, whatever form that building takes, it's going to be residential with ground floor retail. i would not think that the operation or the use of that building for those purposes will generate any kind of overt noise problems. the issue of the rear yard which is a deck on the second level or above the first level anyway, you know, we're not going to get rid of the open space, so i'm not sure exactly how to address that, that will have to be partially, there might be some sound attenuation along the property line wall, that can b

. >> the motion before you commissioners is for approval of both items on consent, commissioner antonini. >> aye. >> commissioner hillis? >> aye. >> they are approved as they are proposed. commissioner, item number 7 is commissioner's questions and matters. >> commissioner borden. >> hi, there was this interesting spur smart city summit meeting they had the other day, there's a new company called motion law, they have sensors and it refers to sensors that tracks people and bicycles in addition to cars, and they talked about how they're work witching the union square and working with businesses to figure out the amount of traffic volume of sidewalks at different time, they are censored in 18 different neighborhood, they don't take pictures of people, they're able to track people and they're able to work with the businesses there so they can see when the different corners or block areas are most business and i crowded so they can adjust their hours and they were shows how maybe one hour later or earlier, shift in hours for a store that they could capture 90% more opportunity because the nu

commissioner antonini: thank you. i had the same question about the process, a little bit about the charter amendment and this is being a legislative peace in my assumption was since it was a modification of existing legislation as opposed to de novo creation of the amendment, it takes into consideration existing entities in policy is pretty much a new piece of legislation so that is probably why this is in this format. i am supportive regardless. i would make a motion to approve. >> second. commissioner wu: i wanted to add another element to the conversation. concerns that supervisor campos the office brought up. i assume that the mayor's office of housing is willing to continue the conversation with their office and will work on studying what that means. >> i appreciate the opportunity to mention this. we have two co-sponsors. supervisor kim and president to have -- chiu are interested. commissioner moore: this is a graduated scale of fees and it would apply between five and nine of -- between one and nine. i heard

commissioner antonini? >> aye. .ing commissioner moore? >> aye. >> commissioner wu?>> aye. >> commissioner fong? . inger thank you, commissioners, the item passed unanimously. >> mike's going to take a five minute break, we're going to keep going. commissioners, you are now on item number 16, 2012 .0206c, 2299 market street. >> good afternoon, president fong, michael smith, planning department staff, you have before you a conditional use request for formula retail use and financial use for a bank at 2299 market street showing business as bank of the west, this would be their first branch in the upper market neighborhood and they would be offering normal banking services in the neighborhood, it is locating in a new store front of a building on the corner of market and 16th street and noe, there are 15 existing banks including sterling bank, wills fargo, there were 9 ground floor vacancies within the commercial district and [inaudible] within the district. the project originally scheduled for june, but was continued indefinitely to allow the sponsor to address neighbor

commissioner antonini. >> thank you. i think this is a good project. part of a system that is necessary and beneficial in a city of 49 square miles, it is unfortunate we don't already have more subways and more ability for people to travel quickly from one part of the city to the other. the fact we are beginning this process with the central subway is a good one. benefit from the ease which you can come from west portal and get downtown. now we are working on something where we will provide that same ease for people from the north part of the city to get to the south part of the city. so i think it is very good in the station. the station is coming along well. as i understand, will continue to work on design and make sure

the matter is before you for your consideration. >> commissioner ant naoen -- antonini. >> yes, this was well done and my understanding is there is an amount that's being paid in regards to a fee that is obliged but they're satisfying that with some of the contribution, i think it's 4.2 million, it's a blended situation. >> sorry, i just want to correct you, the value of improvements are estimated to be 4.9 and they owe about 4.2, we calculated in fees so there's a slight overage and we'll be looking at that with we look at the construction. >> they gave the two different figures, it is the satisfaction by inclined. >> they will complete their requirements. >> okay, thank you. >> commissioner wu? >> move to approve. >> second. >> commissioners, the motion on the floor is for approval on ta motion, commissioner antonini. >> aye. >> commissioner borden? >> aye. >> commissioner wu? >> aye. >> commissioner fong? >> aye. >> thank you, commissioner, that motion passed unanimous. >> commissioners, you are on your regular calendar, item number 13, case number 2011.0705l, market street say so