that's what i feel we are judging on. >> on that motion, commissioner antonini, aye, hillis, aye, wu aye, so moved commissioners that motion passes unanimously 5-0 and puts you on item 11 for 1501 baker street request for conditional use authorization. >> members of the planning commission sharon young. the item before you is kwr for use of authorization to react rate to establish 1850 square foot establishment doing business within rh 3 zoning district. they were occupied both commercial tenant spaces at 2600 sutter street with connection between the two spaces. the proposal involves commercial space. there would be no expansion of existing building envelope. according to the project sponsor, the propose service establishment will specialize in nutrition and holistic workshops, presentations and possibly drop off point for fruit and vegetables and delivery services. the proposed will be independently own and not considered a retail use in the planning code. the subject commercial at the present time space was prior to january 1st, 1960 was a grocery store and according to the project

i know you don't agree with the parking commissioner, antonini. the parking controls, the other removing the alcohol restriction. the prohibition on financial services and the five foot height bonus but also recommend that maybe the supervisor continue to work with the community in the neighborhood to come up with something that i think is more thoughtful. my concern goes back to the fact that we said there is a limited amount. typically i would say, not a problem. we have commercial districts that ban financial services institutions. but 90 percent of the cities allows you to have it if a neighborhood doesn't have a bank. that's true for a lot of other kinds of uses. but this use is a little different. i don't know if the number is 90 percent of the city is off limits. i don't know what that is. but trying to look at the bigger picture and not one neighborhood is why i have the concern and the final concern of course is that limiting an area that is already restricted further intensifies the clustering. in areas that have clustering of ncd's you

commissioner antonini. >> yeah, a couple of things i wanted to mention. first of all, that gar ~ commissioner moore and i took part in a presentation yesterday about a couple projects that will be coming before us in the future. they involve kaiser outpatient facility near potrero hill as well as the housing development , they're married, the two projects are being planned together. and was very interesting and it's good to see those things ahead of time, particularly in regards to design issues and other things that the projects improved before the time they even get to the commission because of public comment and comments of commissioners, i think. i met with john al berling from todd co-regarding the central corridor issue as well as pedestrian access around moscone ~ and i think its was a very good meeting. and also yesterday we had a meeting of the secretary search subcommittee and part of it was in closed session, but, you know, of which we do not reveal the actions. there were no actions, in fact. so, i can say that we are considering the candidates

on that motion, commissioner antonini, no, hillis, no, moore? aye, commissioner wu, aye, fong aye, that motion fails 3-2 although you don't formally need to adopt that motion. the second motion presented by commissioner hillis and seconded by antonini is to consider the same motion suggested by commissioner wu just clarifying that the recommendation included exploration of prioritizing projects. on that motion, antonini, aye, hillis, aye, moore aye; wu, aye, fong. so this motion passes unanimously 5-0. all right. >> commissioners that will place you under item 13 for case no. 204 -- request for conditional use authorization? >> good afternoon commissioners, mary woods of department staff. the cu request before you is for development lot size greater than than 10,000 and use size greater than the 10,000. one is the renovation of the existing theatre which consist

commissioner president fong, antonini, borden, moore and sugaya. commissioners first on your calendar for consideration of item proposed case no. 1. 2011.1369c. 3682 18th street - on the northeast corner of 18th street and dolores street, lot 027 in assessor's block 3578 - request for conditional use authorization under planning code sections 710.83 and 303 for a proposal to install a wireless telecommunications services facility operated by at & t mobility. the facility would consist of installing four panel antennas on the roof within faux vent pipes with equipment located within the basement. the facility is proposed on a location preference 6 site within a nc-1 neighborhood commercial cluster zoning district and 40-x height and bulk street . 2012.0822c. 1865 post street - south side between fillmore and webster streets, lot 002 in assessor's block 0701 - request for conditional use authorization under planning code sections 249.31, 303. and 712.48, to add a new use size in excess of 4,000 square feet as an "other entertainment" use to an existin

i motion to forward without recommendation. >> commissioner antonini? >> could i ask rogers, would staff prefer with recommendation or without the recommendation? >> director? >> i have no preference. forwarding is the most important thing. >> commissioner hillis? >> i just want to explore the possibility of having a motion because the discussion was important or some recommendation from us. i don't know if it would be, i guess there is a motion and second on the table to continue. >> not to continue, to forward without recommendation. >> i can't make a substitute motion at this point. >> i suppose you can make the motion, we have done it before, but we would take the first motion before. >> i would put the same motion as supervisor wu but to explore

the record to reflect the correct block no. 39 13 to adopt a recommendation for approval, commissioner antonini? >> aye. >> commissioner hillis? >> aye. >> commissioner moore? >> aye. >> commissioner wu? >> aye. >> and commission president fong? >> aye. >> so moved, commissioners, that motion passes unanimously 5 to 0. commissioners, there is a request to take an item and possibly another out of order. so, if it pleases the commission. >> we'll take both of them. we'll wait for supervisor kim to come so we'll take 11 out of order and jump to 12. >> yes. >> so, commissioners, that will place us under item 12 for case no. 2013.04 64 t, small business month may 2013 - fee waiver program. >> good afternoon, commissioners. aaron starr, department staff. the ordinance before you would recognize small business month in may 2013. the san francisco planning code, building code to waive fees for the month of may for certain facade improvements. diana from supervisor tang's office was -- is here to speak about the ordinance. and after she's finished speaking, i'll continue with my presentation. thanks. >>

commissioner antonini? aye, moore aye, wu aye, commissioner fong? aye. that motion passes unanimously 5-0. i have no speaker card. >> grant as noted previously reducing the balconies. maximum shall be the minimum under the requirement code. >> commissioners that places you under public comment. i have no speaker cards. >> is there any public comment this evening. seeing none, meeting is adjourned. >>> >>> >>> >>> óóóógogogogogogogogo

commissioner antonini? >> i think this is an excellent project and very well crafted. i appreciate the comments of a number of the speakers. i think the first speaker who spoke about a project with the restaurant and theatre combined is a nice idea, but at this point i think we've been through many years to try to craft this into an ability to something that can be built and can make sense. i think it does a lot of good things and it does the type of thing that was done at the marina theatre on chestnut where two smaller theatres on the top and commercial use opt bottom and this combines additions on the restaurant t concern about vacant spaces in the area you have to look at the quality of some of those spaces. some of them are under utilized and when you have a very high quality customer base they provide some new choices. then i also entirely agree with the last speaker that it's not going to be viable without parking. the parking is pretty moderate. it's one to three units and you have a small number of parking spaces for the commercial. a lot of people will drive

commissioners antonini, border, moore, sugaya, wu, president fong, ayes. that motion passes i would like to welcome back everyone for this planning commission hearing. we left on the calendar under formula retail in the upper market ncd proposed planning commission policy that would establish a methodology for determining the concentration of formula retail and set the appropriate level of concentration for formula retail in the upper market neighborhood nct and ncd. preliminary recommendation: adoption a b and c and 2009 -- for that hill in saint luke's campus general plan amendments. >> thank you. good afternoon commission. i'm joined by ken rich by the economic and force development. we are here for several months for discussions. these discussion resulted in a new project and term sheet for a revised development agreement both of which will be presented here today. before we get started i have an amendment specifically map one of the area plan. the version of your packet of 7.1 to 1. in today's hearing i'm going to present an overview of what has trans

and i agree with commissioner antonini about someone once how can you have a restaurant on the upper floor, no one is going to be able to see it. having a 70 foot high blaze height saying alexandria, it could help to spark a revival of some economic interest in that neighborhood. >> as far as if architecture i rarely comment on the architecture, my first response is it's so ornate inside. it would be great to bring it to the exterior. miguel did you have a comment? >> thank you. just to add what he was saying. about the second meeting, i was able to bring someone from the ymca for the west coast. they are definitely interested in that. let alone some of the space in the theatre itself. it would be a natural mix and in this instance, the y actually owns the property. they are not renting it. they have owned it for a long time. maybe they can operate both or one and maybe the space as possible housing at some point. >> thank you, commissioner moore? >> it is a great story. i wish it had that little extra caveat what we heard about the mission theatre that an operator would indeed would

commissioner antonini? aye, moore aye, wu aye, commissioner fong? aye. that motion passes unanimously 5-0. i have no

. >> commissioner antonini? >> i'm okay with the building light or dark. sometimes the darker building seems smaller because it's not light but it as also commissioner moore point out it stands out because it's different from the others. the one thing i would ask project sponsors is whatever color you end up selecting you do some contrast opt -- on the bay and your garage and around the windows. i'm not sure if those are wood replacement windows. i don't know what's there now, but it gives a little bit of character whether it's dark with the light trim or light with the darker trim. that's probably a good idea. i'm prepared to make a motion to not take dr and prove and my motion is is in keeping with what i heard from the zone is administrator with the changes made to the balconies. >> second. >> would you add that the owner just spoke briefly with staff on some of the color modifications. >> yeah. that would be great. >> on that motion to not take dr, and prove the project ascribed is by the zoning administrator with the project sponsor work with the staff

borden, wu, aye, fong aye, that motion passes 6-0 with commissioner antonini absent. >> good afternoon commissioners i'm lindsey on the department staff. since it's bereaved abbreviated on the dr case. the project on bruce street includes lateral additions to this 2 story single family house. it would enlarge the second floor to the south above the existing 1 story garage and the rear horizontal position is proposed behind the garage. it creates a new basement level and facade alteration to include new windows. >> the l shaped circa 1948 house. the project underwent a historic resource evaluation as part of the it's environmental review and the building was determined to be a historic resource. the proposed alteration were also received and found to not cause a significant adverse impact to the historic resource and comply with the secretary standards for a historic resource. the project was ultimately determined to be categorically exempt from environmental review. the planning department has received over 50 letters of support for the project with neighbors of the several block radiu

. >> commissioner antonini? >> yes, just to clarify a little bit about this vote on this particular legislation where it's a policy in the policy is one that guides staff obliging them to ask or support disapproval of a project if the threshold is exceeded. but it would not preincluded individual commissioners from conceded all the different factors in their vote and we would not be obliged and therefore you are not against it. >> you are required to look at all the policy. >> it's a staff recommendation and staff probability would have some discretion, i think. but the commissioners would ultimately have discretion on their vote. >> staff would not have discretion if it was at or exceeded 20 percent. we would recommend disapproval. >> on that motion to adopt a policy for the market street including from castro to octavia. commissioners antonini, border, moore, sugaya, wu, president fong, ayes. that motion passes i would like to welcome back everyone for this planning commission hearing. we left on the calendar

seeing none, commissioner antonini. >> thank you. i think this is extremely well done. i do have some questions. the first is in regards to not an allowing this quicker approval for small business that had was providing a commercial parking place or which i would think would have less of an impact than one who didn't because presumably this is a new use. many of their patrons might be driving this. they would be parking on the street or they would be parking in provided places. it would seem as though that shouldn't be a disqualifier for this. that is my opinion. the second area i had concern over is that you are allowing a fast tracking for beer and wine. there are issues of the kind of impact of establishments can serve alcohol but the type of alcohol really, especially if it's a full service restaurant already, they have to have over 50 percent food service. it shouldn't make any difference. the other thing i would want to include is discretion over appearance. abbreviated report is a great idea. i always thought our report said the same thing three different times.

. >> commissioner antonini? >> i have a few concerns to check with mr. star. this is basically only saying that given this formula for the propensity of retail. >> and the commission would still have their discretion? okay. my main concern ask concern is we are going to be creating an awful a lot of retail space. proponents would say we want to fill it with small local businesses. that would be ideal but i see a lot of vacant store fronts in san francisco as an example that sit without a tenant there for years and years. i'm not sure if this is entirely true but the retail space is a loss leader for their development and they can afford not to rent it. i'm not sure if it's the entire amount that they are getting but it's a factor and the other thing about this legislation that concerns me a little bit is if certain types of formula retail such as banking, there is a reason why there are branches in different neighborhoods and just because there is one bank in the neighborhood doesn't mean you are going to use that bank and probably you will be traveling somewh

perhaps commissioner antonini is a city on its own land which is a particular modification and the law would apply. i am very interested in seeing the city use the geographic notification system. i would encourage in particular because we have all been quite late as a city jumping into a fully computer based notification system to also work with the mayor's office of notification, particularly mr. jane, who is the director of that to really talk about the implementation about the smart and connect city. san francisco as a city has fought into open date a number of years ago. this is a really serious wonderful challenge particularly in public notification and notification based on user and recipient interest to create data retrieval to use that system effectively. i would strongly suggest that at least you talk to him about what resources he cease because in technological innovation there is a lot more than what the average user has in day-to-day data that has been set up. i actually have a lot of nitty picky details by which i wanted to challenge some of the verbiage of that response.

. >> on that motion to commissioner antonini, hillis, moore, sugaya, wu, fong? ayes. >> that motion passion 7-0. formula retail in the upper market ncd proposed planning commission policy that would establish a methodology for determining the concentration of formula retail and set the appropriate level of concentration for formula retail in the upper market neighborhood nct and ncd. preliminary recommendation: adoption the department would still evaluate on the applicable criteria to the planning code on the deliberation and the commission would still retain it's discretion to approve. if it's based on the other applicable criteria and code and recommend approval and disapproval accordingly. the department worked very closely with the association to develop a proposed policy including the methodology including the concentration and setting the maximum concentration for the upper market neighborhood. upper market is going through transformation now. you can see a lot of construction cranes. there are in addition to thousands of square foot of retail under constr

what commissioner antonini has suggested is staff's recommendation. let me try something out with staff. i would like to forward it with staff's recommendation with exceptions and i think there is a couple areas where i want to see further examination or i don't know if the commission wants to make hard line exceptions. for me i want to see further examination of the notification. what's feasible or under what time period it would be feasible to do more of what supervisor kim is requesting out of the notification. for me i also want to -- i would like to recommend to the land use committee to examine this question to recommend approval while the appeal is pending and also the amendment of the priority project. >> commissioner hillis? >> i would agree to recommend staff's moves recommendation and i agree to exploring. i would want to kick it down the curb and ask that we explore additional notification or additional kind of search able in a data bass that allows folks to search project base and also supporting priority for affordable housing projects.

>> yes, commissioner antonini. elaine warren, attorney. prior to elected decision making body, where the elected body had not signed off on e-i-rs. so, on certifications of the e-i-rs, but that was the only provision that was in the state law. so, what happened in -- [affectedeffected]} in 2003 was that provision that was already in the state statute was broadened to also include appeals to the elected decision making body for negative declarations and exemption determinations. >> yeah, that's very significant and that's why there is so much interest in this, because i don't know if you know this answer, but is the level of appeal as great in other counties in california as we see in san francisco or -- >> i can't answer. i'm sorry, i can't answer that question. >> and the other question that might be a technical one, in san francisco, the level of accepting an appeal at the board of supervisors is simple majority, 605. whereas overturning a project in most instances where it's a 309 or cu is a super majority. is that the case in other cou

adopt a recommendation to the board of supervisors approving the ordinance with modifications, commissioner antonini? >> aye. >> commissioner hillis? >> aye. >> commissioner moore? >> aye. >> commissioner wu? >> aye. >> and commission president fong? >> aye. >> so moved, commissioners. that motion passes unanimously 5 to 0. >> let's go one more. >> one more? okay. >> i'm not sure staff is ready. sounds like we've got 13 -- staff for 13? >> i don't see mary. >> the commission will take a very short break. thank you. >>please stand by; meeting in recess >> i'd like to remind people to please silence any mobile devices that may sound off during the proceedings and do state your name for the record. commissioner, we left off under your regular calendar, item 11 for case no. 2013.0463u, the commission will consider a proposed ordinance amending administrative code, chapter 31 sponsored by supervisor kim. the commission will consider a proposed ordinance administrative code chapter 31 sponsored by supervisor kim. ~ >> good afternoon, commissioners. ann marie rodgers again, planning department staff. commi

commissioner antonini? aye, moore aye, wu aye, commissioner fong? aye. that motion passes unanimously 5-0. i have no speaker card. >> grant as noted previously reducing the balconies. maximum shall be the minimum under the requirement code. >> commissioners that places you under public comment. i have no speaker cards. >> is there any public comment this evening. seeing none, meeting is adjourned. >>> >>> >>> >>> >> bonnie banks. bonnie banks. my definition of noise is uncontrolled music. without format. pretty simple affair. pancakes, and you're -- people get up on sundays around noon, weekends or whatever. should not be too hard to walk into place. have your audio alarm clock go off for two hours waking your up while you are eating breakfast with many interesting visuals once in a while. improvisation. listening or not to the person you're playing up against or people or machines. trying to get as many different people in as possible. different genres, experimental noise, electronics, dissonance some drums.a tiny bit of ambient -- the first noise panca

commissioner antonini, ayes. that motion pass 6-0 with commissioner sugaya being recused. that will place you on your final calendar items no. 15, a b and c. x c and v. 254th street request for determination of compliance and conditional use and variations. >> good afternoon. the question before you is regards to the project for 250, 4th street which includes the demolition of a building occupied by theological university. the construction of a new 11 story 220 room with a ground floor and restaurant and bar. it would include no parking but 10 bicycle parking spaces. it's located in the south of market neighborhood with the zoning district. and the 130 l boulton district. across 4th street across clemente tina street. i would like to focus on a number of the policy and regulatory issues. in order to proceed, the project would require determination and compliance. the coda allows the project to providing the commission meets it's findings. tour bus loading spaces and reduction of ground level. in your packet is a summary of the information. allow a tourist hotel of 220 gues

. >> commissioner antonini? >> present. >> commissioner hillis? >> here. >> commissioner moore? >> for the benefit of the pub, commissioners borden and sugaya are expected to be absent. commissioners, first are consideration of items proposed for continuance. item 1, case no. 2010.1034 c, 4216 california street. request for conditional use authorization. your calendars indicate a proposed continuance date of may 2nd. we're modifying that to may 9th. >> okay. >> item 2, case no. 2012.0231c for 758 divisadero street, request for conditional use authorization is also proposed for continuance to may 9th. item 3, case no. 2011.0397t, bicycle parking ordinance

commissioner antonini. >> thank you, for the members of the public, i appreciate all the comments. just want to zero in on what we are really here for. it a discretionary review and there might be a little confusion is the effects that this addition has on neighbors and that's what's really before us. that's what really matters. i appreciate the commentary on green practices and hiring, that's very nice, but we are really looking at the just the effects that it has, the project has on the neighboring properties and i don't feel they rise to the level of unusual and extraordinary. we have a lot of very tall buildings in the area. i'm very familiar with it. i come by this frequently. there are a lot of other structures and the building is to the west of the dr request or and there is quite an elevation change existing even now. so those two factors combined that the incremental change in light and air is minimal as evidenced by the shadow studies and for only short periods of time at certain times of the year and there isn't really much of an impact. most of the light that does come