president olague: commissioner borden. commissioner borden: i want -- the way i understand it the only thing that is before us is the d.r. if we deny the d.r. the current project stands. so, i just want to clarify my understanding. because if you are saying that you prefer the current project as it is which is the overimproved building that is what we're doing basically. because the only thing before us is d.r. can you clarify that? >> i don't think that is exactly correct, commissioner. only because the subject property is understood violation from the department of building inspections. so, the only version that it could revert to legally today is the originally -- or previously approved permit from 1998 which would include the one story addition over the garage. denying taking the d.r. and denying the permit would put them back at square one requiring a new building permit application to revert back to the 1998 permit or some other modification a year from now th that is -- or within a year -- significantly different th

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. commissioner borden: i did have one more question. i know that supervisor wiener is working on legislation dealing with the mobile food cart issue, moving it from the interior of the parks to kinds of like a pad that's going to be built kind of more on the exterior parts, and i wanted to know if that would be something that would come to us or something that we would look at. because i know -- if it's still part of the public space but then it's starting to get into the public realm, i wondered if it's something that we would look at, particularly because it has to do with -- also with our eating and drinking steakts in the neighborhood and all this other stuff. >> at noint i'm not familiar with that legislation, but i can look night and i can describe it next week and you can let me know if you want to hear it at a commission meeting later. >> thank you, commissioners. if we can move forward to drrgs' reports and a review of the past week's avents, board of supervisors, board of appeals and historic preservation commission. >> thank

commissioner borden: i think so. basically at this time we don't want to say on the record for certain, but it sounds like the palmer decision would affect this case. so theoretically if we didn't approve this conditional use, the project sponsor still wouldn't necessarily have to? i meant change in condition. it is still possible that the project sponsor could still go forward and not do it under the law? is that the case? >> susan cleveland knowles again, deputy city attorney. there is a risk of that. i think also what commissioner antonini mentioned earlier is the inclusionary housing ordinance has never dictated whether a unit is rental or ownership. the only question is at the project sponsor's option. here they're actually not changing their option under the incontributionary ordinance. it's still an on -- the inclusionary ordinance. it's still an on-site. but the condition on this that the commission placed was quite unusual in that it specifically required rental housing. >> i mean, i just would say generally

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 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

commission are borden? 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: 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 p

commissioner borden. >> i want to commend the staff on the upgrades to the commission website. i did want to point out a couple of things that needed to be improved upon. first of all, the time of the meeting says 1:30. the role of the planning commission, there is generic language that must be used in other cities, including advising the city council, which we do not have. that language needs to be updated. the other thing is when you click on planning commission meetings, you see linda's name, her phone number, and that takes you back to the website with the contact information. it does not let you click through the agenda. just making it more usable would be more helpful. >> i would like to commend the department on earning the apa northern california award for the better streets plan. i thought that was excellent. and a number of things that have engaged in planning, so it seems. i have been involved in the san francisco presidio. at a meeting last friday, there was discussion on the impact of the presidio -- the impact of the america's cup on the presidio. part of it evolv

. >> 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: 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: 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? 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

they started getting from borden to just north of fresno, and borden is a little town sort of near moderand it's where high-speed rail would start heading south through the valley after it goes over the pass and makes it into the valley. it would go to the edge of fresno. then they got a little more money, and it went to bakersfield. then it went to downtown bakersfield. now they got more, and it goes to chuckchilla. it's the point where the tracks go north, and they also head west. it would be the -- sort of the first step of the connection to the bay area. >> the legislative analyst this week kind of put a damper on that happy news of getting florida's money by basically giving some recommendations about, well, gee, maybe we should rethink about where that rail should go. maybe it should not start in the middle of the state and instead start in san francisco or los angeles or something like that, and really gave some recommendations that some people perceived would -- or could kill the entire thing. is that a possibility, or is there support for sort of that idea of shifting the entire

commissioner borden: i just want to actually echo what has been said. i think that the issue we need to deal with is decide what are some of the issues we want them to tackle. i personally think that maybe amassing at the back of the property because the light and air comes from the downhill people, i don't have a square footage or a number of feet that i could stress but if there's some way to minimize, bring in some of the back or keep some of the height at the top of the building and lessen it at the bottom, i'm not an expert by any stretch to make it seem less massive. that might be the result. i am supportive of trying to be accomplished here and i would like to see this project be able to go forward. i respect the fact that there are people who live downhill and i'm particularly concerned about their light and air and i do want to deal with that. i'm less concerned about the next door neighbor's property line windows -- windows and dispute that seems to be related to the fact that they chose to build their property in a particular way. i'm not so

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. >> 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