. >> commissioner borden? >> here. >> commissioner hillis? >> here. >> commissioner moore? >> here. >> and commissioner sugaya? >> here. >> commissioner fong is expected to join us late. first up, commissioners, are items proposed for continuance. items 1a and b for case nos. 2011.0430e and x - 480 potrero avenue, appeal of a preliminary mitigated negative declaration and request for large project authorization are proposed for continuance to july 18, 2013. i have no other items proposed for continuance and i have no speaker cards. >> is there any public comment on items proposed for continuance? seeing none, public comment is closed. commissioner antonini. >> move to continue items 1a and 1b to july 18th. >> second. >> commissioner borden. >> i'm confused. i thought this was the one that we continued last week to the 11th. >> right. >> oh, i see. thanks for clarifying. thank you. on that motion to continue items 1a and b, commissioner antonini? >> aye. >> commissioner borden? >> aye. >> commissioner hillis? >> aye. >> commissioner moore? >> aye. >> commissioner sugaya? >>

. >> commissioner borden? >> yes, we first heard this case in august of 2012 and we had multiple hearings on the topic. the commission came from a place for paina, i have been there. i think it's a beautiful location and what you have done is amazing. unfortunately the entire time that we've been hearing this case, there have been sounds and other violations. if you are not even on your best behavior when you are coming back before us, there is no trust. the entire community doesn't have trust because there has been repeated violations. unfortunately the law doesn't allow us to make excuses for birthday parties and other things. it duntd work that way. if you can get it together you can come back in a year for conditional use. that's what the law allows, i would hope that you can work with the community to make that happen. just to make this clear to the members of the public. this does not close down paina. it can still operate, it just can't have amplified sound. it does not close down the restaurant establi

>> i would disagree with commissioners borden with the vitality. we have streets that are quite vibrant and do have no formula retail, or very little, but we also have vaoets like upper fillmore, and chest nus and union and 24th street that have a blend and if you go down any night or days, the streets are very, very busy and everybody is doing very well and few vacantcies. so i don't think that it is a question of formula retail, or local business. >> and the other issue that comes up is many of the speakers and most of the commissioners think that we can go out and order a business and like they will appear from nowhere and we will have a business that will take this up. and the family who testified has done their due diligence and the owners and also the leasing agent spoke about the efforts over the last two years, to try to get a tenant in there and they were not successful and they are leaving at the rent at the amount that was charged three years ago. and still, they were not getting any other takers. and i think that to some degree we somet

i think it's a good project. >> commissioner borden? >> yeah. i used to live in this neighborhood, i know it pretty well. the other formula retails along the street has shut down. the sur l.a. table seems like a real fit for the neighborhood. it interesting, chestnut street has balances and retail like william -- sonoma, i think this will be beneficial. i do love frederick sons. i spent many hours buying large and small things. i don't think there is a threat. frederick sons is primarily a hard ware and home improvement store. i believe with the entire merchants thought they can support sur l.a. table. i move to approve with conditions. >> i had a couple of comments. i'm supportive of it as well. i don't think union street suffers from over saturation of formula retail. we want to give the small guys a chance first. this is a large location. the other thing i want to note is that this is a very far west end of union street. so like a mall having two anchor tenants at each end that will drive traffic aborted. -- back and forth. i'm in support of

commissioner borden was talking about vibrant streets. well, ag ferrari was in bankruptcy after 15 years, a year later -- and then purchased by someone to save it. and a year later it's in escrow again for somebody again to revitalize it. the commercial district is fragile. your intent to amend -- to allow for carefully vetted community support has not really happened. i reached out to the -- to ginsler. they have yet to see the property. i have yet to see plans and they have not got back to me. thank you very much. >> thank you. are there any other additional speakers on this particular item? your comments on this item, ma'am? >>> [inaudible] area on castro, there were a few, a few planning as well as planning and zoning. this was regarding -- they deal with vacancies and i was interested and i submitted a docket for the purchase. and substantially -- this is what i want to discuss about realtors or maybe unquote tenants that are nearby the castro area because i talk and i spoke with more than substantial amount of community and i felt y

>> seeing none, commissioner borden? >> so maybe, you can remind me, this has been continued a few times? >> in de. >> could you tell me when it has been continued and why? >> i can't tell you all of the reasons why, but i do understand that a majority of them for the project sponsor to continue. but the first time it was continued was from november first of 2012, again, january 17, 2013, march 21st. may 16th and most recently from june 20th of 2013. so it has been on your calendar several times. >> i mean typically you know this commission will continue things a couple of times. but continuance in my personal view a continuance since november is a lot. i don't know why there has no, and why there are still concerns. but have not been worked out at least on the hearings today. but in my view, i don't know that we can continue to continue this any longer, it seems like there is probably not agreement among the parties that so a continuance would just probably lead to another. >> commissioner antonini? >> in regards to the

. >> borden >> aye. >> moore. >> no. >> commissioner sugaya. >> no. >> and wu. >> aye. >> that motion fails 3-2. >> is there alternate motion? >> maybe to continue? >> commissioner antonini? >> i would like to make a motion to continue the environmental neg deck appeal as well as the project itself to whatever available dates we have and probably going to be in september i would think. >> we could potentially commissioners place it on the august 8th calendar. it is not overly booked at this time. >> okay. and my... and my charge to the staff would be to try to deal with some of the concerns that were brought up by the commissioner sugaya and also to project architect and staff to try to look at some of the concerns that were brought up by commissioner moore in regards to addressing the buildings to the adjacent to the property. >> and more contextual and if you want to summarize. >> what i am expecting and i would think that this is almost like a prototype for identification and the neighborhood is to find the buildings that were responsive to the scale and the surrounding buildings a

. >> commissioner antonini, borden, moore, wu. that motion passes unanimously 5-0. on the items 5 b which is a variance b closing the public hearing would be to grant the variance. commissioners that will put you under item matters. item 8 for draft of minutes for 2013. >> any public comment on draft minutes? seeing none, public comment is closed. >> commissioner border? >> i have a couple of changes to the draft and move to approve the amended minutes. >> second. >> on the motion to adopt the draft. commissioner antonini, borden, wu, sugaya: that motion passes unanimously 5-0 and places you under item 9. commission comments and questions. >> commissioner moore? >> on july 1st, i received an e-mail which you all received from the housing community partnership that they are opening a home for use and transition at age youth. that was i think extremely important on 5th and, butts it's with the commission. i was pleased to hear more about that particular project. >> commissioner antonini? >> a few items, first of all i think we are all very concerned with the situation

hillis and -- >> borden. >> commissioner borden. >> the board is going to move ahead with it anyway so, it doesn't matter. >> aboard, the land use committee will take this up monday and the full board will take it up tuesday. since this is not a provision in the planning code technically the planning commission isn't required to make a recommendation on this. >> [speaker not understood]. >> so, if we can continue it, we're going to miss the window or we could move it forward without a recommendation or entertain another motion. >> we could -- well, any of those. >> just want to make sure [speaker not understood]. >> sir, please just turn that device off. >> all right, commissioner moore. [laughter] >> procedurally, we can only send the messages which typically are being sent. a 3 to 2 vote in the absence of two other commissioners for me is still that this commission expresses strong support to the motion at hand. so, we could put an asterisk underneath there. i would appreciate you explaining why we only have five people sitting in today. >> technically while it's no recommendation, w

. >> commissioner borden, actually, unless you've been [speaker not understood] or watching this over some form of media, you can't actually participate in this vote. >> i was watching on my phone staff presentation the beginning of public comment. >> the city attorney is saying you would have to have seen the whole hearing. >> okay. welcome, regardless. >> okay, fine. >> commissioner wu. >> i'm happy to make a motion to forward without recommendation. i think maybe i can ask if the conversation can just be conveyed, you know, there's the record of the conversation that happened today, but the motion will be to forward without recommendation. >> maybe i could suggest you do that, adopt the recommendation to forward without recommendation acknowledging the vote of the commissioners that were present. and that way at least it conveys that message. >> correct. >> i would second that. >> commissioner moore, did you have another comment? >> no. >> commissioner antonini. >> is there any difference if we pass this motion or we just have no -- don't support this motion? it would still be sent

>> aye. >> commissioner borden? >> aye. >> moore? >> commissioner sugaya? >> aye. >> wu. >> aye. >> and president fung. >> aye. >> so moved, commissioners that motion passes 6-0. >> do you guys want to group break? or do you want to stop? >> yeah, okay. >> next item please? >> maybe we could wait a minute for the room to clear a little. 2166 12th avenu >> the department received two discretionary review applications. one was filed by the department owner's at 2162, 12th avenue which is immediately north of the subject property. the other idr application was filed by the property owners of 2158 12th avenue which is the second house, north of the subject property. rdr requesters have the similar concerns regarding the proposed work. they include one and the project and the subject house with the third story addition now become ha bitable with the surrounding homes and it does not preserve the neighborhood character and the reasons that are going to allow the subject face there is only one house and has a third story addition. and the last one >> the proposed

. >> borden? >> yeah. i think this is a great venue and people are proactive. i think it's great la boulange accepted the challenge and willing to go in. in the past there have been identified businesses that have been going into the neighborhood. >> i don't know if this question is to the project stop sponsor staff. could i ask about the relationship between you and starbucks? >> our parent company. they acquired by starbucks. >> to staff, if that's the case, under this application we are saying the formula retail applies because la boulange itself has in excess of 11 establishments and therefore we are considering formula retail. we are not saying that the formula retail extends to the parent corporation that has thousands of outlets across the country. how does this work in this case? >> you are correct that we are looking specifically at the la boulange chaer chain. they are a formula retail. their 12th establishment. we are not looking at the large are parent or ownership of it. there has been discussion about it incorporating at parentage and who owns the

i'm in support of the motion. >> commissioner antonini, borden, sugaya, wu, fong. that motion passes unanimously 6-0. >> commissioners are you okay for continuing or you want to take a break here? >> take a break. we have two more. commissioner that will place you on item 16. case no 20120397. >> good afternoon. sharon young department staff. the item before you is the proposal to legalize commercial use authorized by retail store to restaurant use doing business at 205 frederick street with anrh 3 zoning district and neighborhood commercial district. the proposal includes a system with a kitchen hood exhaust system and new dining service counter. the proposal of the restaurant use will include the food preparation during business hours when establishment is in operation. the properties commercial use is considered to be a limited use pursuant to planning code section 186. the report for discretionary view for 210 frederick street. the dr request or primary concern is that it does not meet the market based on the commercial space which requires use authorization. t

. >> commissioner borden? >> yeah, can you just explain exactly what your issue is. don't go through the ceqa, i just want to know specifically what your issue is. >> san francisco has a lot of seismic activity and in the event of an earthquake, pg & e will pull this power off and the generator will be on. one problem. two, it must be tested regularly. when it's tested and it's carcinogenic soot into our backyard. people have approved it. you approved a home just a couple weeks ago. the lady who has just moved behind has a baby and pregnant with another. there is an infant who lives on the main floor of my building and one in between. it not compatible use for the neighborhood. it's for m 1 zoning. you can't put this in a residential neighborhood. the noise pollution and neighborhood and everything done there has been a problem up to this point. >> i just want to understand your issues. >> no problem. i just want to be clear. i don't want to get in a back and forth debate. i happen to know a little bit about this. my company is the world largest manufacturer of serve

. >> borden, aye. >> aye. >> and sugaya. >> aye. >> that passes 5-0. >> commissioners that will place us on item 13 a and b. >>3771 and 3781 cesar chavez street. and the zoning administrator will consider a request for a variance. >> good evening commissioners, michael smith and before we get started here today, a member of the public has requested an interpreter and so i have mr. lynch, and he will be interpreting throughout this particular item. >> you have before you a request for a conditional use authorization to increase enrollment and existing home daycare operating as the preschool and to establish a religious facility operating as habad of noey valley and convert a dwelling into a commercial use and the properties located at 3771 and 3781, and both of which are single family dwellings and currently the preschool operates for 14 children at 3771, and 8 children at 3781. for a total of 22 children combined. the preschool is requesting to increase to 32 children enrollment and also requires a parking variance as two parking spaces are required for the use and the existing parkin

>> borden? >> yeah, i think that a few of us who sat through the eastern neighborhood zoning process and not everyone on the commission was actually able to be part of that or those hearings because of the way our code is and in terms of if you live in the area or have property in the area you cannot actually vote on those we spend a lot of time in the area of potrero and in fact we zoned the site where the safeway to be a mixed use project and we did contemplate along the corridor which is an extra wide street that is mentioned by many as a place where there is an opportunity for greater density for housing i think that some of the changes are an important part of the project. this project sponsoring in relationship of the parking that we put forth. i know that it is difficult that they were not paying attention to the process that were on there while we are looking at the zoning changes but there was a lot of time in the deliberation on this topic and i know that does not make it easy for thos

. >> commissioner borden. >> yeah, i think this is a good approach. i'm happy with having something that deals directly with [speaker not understood]. there is some sort of concern, i think this is a better approach than the outright ban. i remember when we made the exception for the movie theater and bowling alley, we actually said to supervisors, we'd love to see something a little more holistic looking at the entire corridor. with that, i would move to approve with modifications and maybe just say that staff continue to work on ironing out the grocery store issues specifically. >> second. >> second. >> on that motion to approve -- to adopt the recommendation for approval with modifications including staff to continue work being on the grocery language. on that motion, commaedthctionv. >> aye. >> commissioner borden? >> aye. >> commissioner moore? >> aye. >> commissioner sugaya? >> yes. >> commissioner wu? >> aye. >> and commission president fong? >> aye. >> so moved, commissioners, that motion passes unanimously +6 to -0. and places you on item 10,

. >> commissioner borden. >> i think that what the struggle is for us, i feel terrible that this agreement was not lifed up to and that the neighborhood felt like they had agreed to something and now sponsor is in a different direction, it is our policy whether it is ccnrs or deeds or other sorts of easements or other private agreements that is not our jurisdiction because that is not our jurisdiction and we do not have binding capability there and i think that while we may end up changing this project, you are taking the dr, and the past agreement can't be the binding reason because it does set a precedent that is not in line of what our policies have been and how we have acted as a commission, and again and, again told others that is not our area, and that is a legal matter. and so, what we do need to do is look at this permit as in the new permit that is coming before us and make a decision on how we want to treat this project sponsor proposed project. and so i think that it sounds like we were talking about moving the deck back and it sounds like that might be leases among the commissi

and this correct, commissioner borden that is really important try angular sites where we want to avoid the obvious form law retail solutions this will be there where we can show the best that we can do and that is about the variety, small, medium and scale and what really fits the proper expression of the support that neighborhood in a very kind way. and i think that the one thing that we have not talked about at all, and that was something which was actually brought back to my attention was the letters that we received from mr. timothy dunn this morning. and that is the parking lot which is adjacent to this particular enterprise. and i am very, very concerned that react vaiting the curb cut for the surface parking is the opposite of what we want to do, what to do with this parking lot has not at all been discussed and. if we look at the future of the site and it is reused but at this moment it contradicts i would not support anything that would take that into consideration. >> a motion to not approve that is obviously not part of the discussion, but i hope that we will hope to continu

. >> on that motion to approve with conditions, commissioner antonini, aye, borden aye, moore, aye, fong, wu. that motion passes unanimously 6-0. zoning administrator what say you? >> if anybody would like a copy of the letter, please ask staff. thank you. >> commissioners if there is nothing further on this item we can move on to item 15. case number 20130266 c. 2224 union street. >> good afternoon. the project before you request authorization to establish a new formula retail use. the subject property is located on the ground floor of the mixed use building. the department is recommending approval of this project. the site is currently occupied by another retail use that houses an, antique collective. the proposed changes will not result in the expansion beyond the space. the retailer specialize in cook ware products and approximately 100 locations nationwide. the department finds the proposed use and find it in the over all ncd and there is not another cook ware store in the area. compatible with the neighborhood and modifications are very minimal. based on the sponsors information th

one * my partner, boyfriend, arrived -- one time my partner, borden, said mickey should do a direct election. i said, why? the designer from the 1980's. he said, yes, but maybe it is could for perfume, things like that. to have an international passport. ok. but deep inside, i know that i should have loved to make one coutoure collection like that. a dream of the elegance of paris. and i remember that i propose -- it was the last new bid of coutoure that arrived. i thought to propose -- [unintelligible] why don't you take one designer like vivian westwood or others to make one season, one coutoure collection? >> you should call some up immediately and suggest the deal. >> [laughs] that is true. each one to make their own collection should not be back. a very attractive idea. >> as you do not want to talk about art, we will not say your work is art. let's be very vulgar and talk about money. [laughter] it is extraordinary what you have produced in coutoure. does that make any money? quick to be honest, what we produce in coutoure does not make money but it does include money. i must say, i am

. >> commissioner borden? >> i share that with my colleagues. and in the per version and i actually will feel comfortable and i think that is more clear for the secondary portion, around the expansion of legal non-conforming units and the unintended consequences may be complicated for us to make a decision on this given the amount of units that are impacted there. i do applaud the effort to consolidate it to one place and that is a challenge that we often have and that causes a whole series of the unintended consequences there. and i do think that this is quite a bit and they could often do have or looking at mergers and challenges because it is not always consistent across the cases and having further questions by which we can adequately evaluate, i think, helps quite a bit. and so, i understand that there is not an issue and generally we don't, we have never going to have enough space to build, you know, large single family homes and the families might want to build in and that might be true and we can't really tear up the existing housing sto

. >> commissioner borden is coming back on the 3:00 plane, she is landing at 3:00 and that pushes her arrival into a very kind of questionable time and so i ask that we take it beyond next week. >> okay. >> july 25th, both commissioners fong and hillis are schedule to be out. >> august first is a very full calendar. it is closed on my advanced calendar. you can clearly, if you wish, put it on august first, but it is a very full calendar, and august 8th, is still available. >> and there are no schedule absences. >> the 8th is. >> if i may just add some and i appreciate you offering continuance and i think that you are right. but, i fully hear you guys about losing units and how san francisco needs to protect these units and but, i also want to be clear that i think that we need to have a larger discussion as commissioner moore suggests that we are going through the battle of ones and twos and i would rather take that energy and get the projects and get the units through the bigger ones and in this, i am trying to take a motion out of it but it is an older san francisco family. that i h

. >> commissioner borden. >> yeah, i think what's regrettable here is the breakdown twenty the two sides. they don't seem to be able to work together or trust and that's really unfortunate because obviously we want to -- use is changing in the neighborhood. people can dialogue with each other and find common ground if there is, indeed, common ground. in terms of this site, i guess i just don't understand i used to live with erin don. that's very highly congested and trafficked area as it is. i don't understand how the noise from the car wash would be significantly higher. i looked up the decibel level. it's 60 decibels is about the level of regular conversation and you get traffic and noise and i looked it up at national institutes whatever the sound industry decibel level. the levels are pretty high because of 19th avenue having a lot of traffic congestion on it. the interesting thing, we already know san francisco has some of the most expensive gas in the area. we do have a declining number of gas stations. car washes are not plentiful. i have seen car washes on geary and [speaker not

my name is lane borden. i think it's fitting that my first foray into san francisco politics involves plants and i have been a fan since i was three. i am a new resident of san francisco but coming to the botanical garden for 20 years. it's one of the things i visit every trip so i have a perspective as a non resident visitor in the past and i don't find -- didn't find the fee to be particularly onerous and i don't find it onerous currently especially in light of the fact this is part of the budget that actually is bringing in a bit of revenue and others have asked for it to be cut. i think it's a modest imposition of bringing some form of id which most of the services that are