actually, it's for no d.r. and approval. >> take d.r.and approve with condition, the revised department conditions. >> okay. motion on the floor is to take d.r. and approve with the revised conditions and that is for 12a and 12c and the zoning administrator will address 12b on. that motion, commissioner antonini? commissioner antonini: aye. >> commissioner borden? commissioner borden: aye. >> commissioner suygaya? commissioner sugaya: isn't 12c a conditional use? >> 12a, take dr and approve with conditions. antonini, borden, suygaya, olague,

actually, it's for no d.r. and approval. >> take d.r.and approve with condition, the revised department conditions. >> okay. motion on the floor is to take d.r. and approve with the revised conditions and that is for 12a and 12c and the zoning administrator will address 12b on. that motion, commissioner antonini? commissioner antonini: aye. >> commissioner borden? commissioner borden: aye. >> commissioner suygaya? commissioner sugaya: isn't 12c a conditional use? >> 12a, take dr and approve with conditions. antonini, borden, suygaya, olague, miguel? [unanimous aye] >> with that, we close the public hearing on the item. if anyone would like a copy of the variance position letter, please leave your name and address with the commission secretary. thank you.

this week, the project sponsor and one of the d.r. request jurors agreed to a set of conditions of the project. it is important to note that while some of these conditions may overlap with those approved by the department, the department does not recommend the commission incorporate them into their conditions of approval because they are not either in the department's purview or cannot be enforced by the department. at the original hearing, the department received five additional letters of concerns from nearby residents. based on the proposed revisions an additional conditions of approval, the planning department recommends the planning commission take d.r. and approve the project as revised and with proposed additions. i am available for any questions you have. president miguel: thank you. project sponsor? >> good afternoon, commissioners. i am the project sponsor and the operator of 374 fifth street along with my colleague. to give you a little bit of background on me, i have about 15 years of hotel experience, operating 40 and tha

iand i would also be in support of the d.r. rather than the c.u. it is a better way to go, simpler, easier to understand. normally, of a like the whole thing to be rezoned until we looked over everything as a complete package. however, i believe the way this is formed right now, it will not hurt the things. therefore, i would be in support of it. commissioner antonini? commissioner antonini: could we not modify it a little bit to just approved c.u.? or other controls as agreeable with the supervisor and entertainment commission? could we modified that the so it is not pushing one particular thing? second? ok, so the motion has been changed a little bit. we would approved conditional use or other land-use regulations or approval regulations for entertainment uses on van ness avenue, in conjunction with the wishes of the supervisor and the entertainment commission. secretary 10.0512c, 3132 clement street. >> good afternoon. i am from the department staff. this case is a conditional use request to establish a formula retail pharmacy store for cbs at a

we did not call the d.r. request first as we generally do. so maybe we can ask the d.r. requester to come forward. >> good afternoon, president miguel, vice president olague, commissioners, good afternoon. i would like to reiterate the fact that the project sponsors have come together with me and over the past week and through some discussion and negotiation comes to a certain set of conditions which we would like to voluntarily attach to the project as conditions of approval. prior to that, that being said, i do like -- i would like to reiterate some of the reasons and concerns that brings us to this place today. firstly and foremost, it's not a question about population, it's a question about management during the period of time where the travelers inn was in operation, there were several issues with the way in which the business was run. and including, but more importantly, after the period of time when the building was vacant after the fire in 2006. there were still some number of violation which is occurred which ultimately the building owners cannot escape all resp

. >> at a d.r. hearing, you need a 4-7. that was a discussion. 8 -- >> is that when the change took place, eight years ago? >> yeah. >> the other reason the apellant goes first is the apellant has the burden of proof. the apellant has the burden of proof in a situation where the super majority is required. >> i think it is prejudicial to the apellant for the fact they have to go first for the rebuttal period. they should have the option. i don't have a problem with that. it would be complicated to say you can go first or last, but to me, the fact that they have to go first creates a higher burden on them than the issue we're having due with, you know, rebuttal. i find -- man, i thate to gitch a percentage, because i'm not noletised enough, but 5% of rebuttals have something in there worth reading other than the guy is wrong, he lied? you know, i didn't shoot my mother-in-law. so do -- to do away with rebuttals is not problem matic in terms of what we gain from it. i think it is too complicated to say when do you do your boa

if not, the d.r. requester has a two-minute rebuttal if you wish. >> good evening, again, larry nolan. the family does not live in the house. it's been turned into an apartment complex, which creates the use of cars and parking becomes an issue. so there's one car parking space that you are hearing about is currently occupied by two cars and what's going to happen is couldn't really tell in the pictures but i believe you have the pictures with you is that the gate will not -- the gate and the cars will not fit. so it's just a mathematics problem that these are pictures of two small cars and if you put a gate there, it's not going to work. so we would like it restored to its original -- original view. >> thank you. project sponsor, you have two minutes if you wish. >> i agree with larry, original intent of the permit was there was never supposed to be two cars there and the landscape buffer that was supposed to be there to keep cars within the property is not there now and it needs to be added off the

home, d.r. horton and pulte a trio to look at. group each saw heavier-than- usual volume with these rallies of at least 4.5% each. has your coffee gotten more expensive? the boss at starbucks says blame speculators, not supply shortages. let's take a look at prices. here's what coffee futures have done over the past year-- up 33%. consumer coffee prices are up about half that over the same time period. starbuck's c.e.o. howard schultz calls it tragic. he said today "this is financial speculation at its worst." business has been good for stabucks and stabucks' shareholders. shares hit a new 52-week high today with this 3.6% rally. the company says china will be its second biggest market outside the u.s. in the next five years. it will more than triple the number of starbucks in china by 2015. also in china, gambling continues its recovery in macau. the former portuguese colony is thought of as china's las vegas. gaming revenues were up 42% in november compared to a year ago. it's the second highest month for gaming revenues there e

just for the record i'll mention once again that item 16, the d.r. has been withdrawn. >> delain? >> our on item 17. 2010.0099 x for 333 fremont street. >> good evening. the planning commission originally approved 340 fremont street in 22 houn 6. the profpblg -- 2006. it would construct a 400 square foot tall building with a podium to include 332 dwelling units, including 40% two bedroom and three bedroom units and have off street parking for 332 vehicles provided in a four-level underground garage. less than 50% of the parking spaces would be independently accessible and the remainder would be valet spaces. the project would include 5e9 bicycle spaces. no changes to the original project are proposed at this time. the planning commission granted extensions to the performance period for this project in 2009 and -- 2008 and 2009 with no changes to the project. this would move the date to 2011. the department only received one letter in opposition of the project and then new residential development. the department recommend that is you approve the extension requests with proposed con

the staff recommendation is not take d.r. and approve demolition of the current home. the project will result in a net gain of three dwelling units, the project will create family sized dwelling units of three or two bedrooms. the project realizes the four units for a zoning district given its lot size. the project would be another multi-unit building on san jose avenue and it a appropriate infield development. the resource evaluation determined that the existing building is not a resource land hoork. >> com pigsers without public comment, the staff received three telephone calls regarding this. and the size of project and the loss of private use and the fear the project would spur a wave of condos in the area. this project was required to go through neighborhood notification. that period expired on monday. there were no requests from the public for a additional discretionary review for the project. this concludes my presentation and i'm available for questions. thank you. >> project responser. >> good evening, koll missioners. >> my joe good evening commissioners. i'm

project sponsors to meet with the neighbors and resolve things, i would like to point out that the d.r. applicants hired consultants in november and i think misinformed the planning commission saying we've been uncooperative and unwilling to meet with them. since october 14th, the last hearing we had, we have communicated numerous times with the neighbors, programly every day. we met with the neighbors and their architect twice with the planning department with the assistance of the planning department staff, aaron starr and with scott sanchez. we will continue to use this period of time until january 13th to meet with the neighbors and be as cooperative as possible to hopefully work out our differences. please also keep in mind since this project was proposed 13 months ago, we have been meeting with the neighbors on a regular basis for the past 13 months, and i have a history of all the communications we have with the neighbors so you have a clear idea of how much times we've been meeting. so on behalf of project sponsors, we support today's continuance. we are variable on the 13th bu

we agreed to the conditions that were proposed by the neighbors and the d.r. requestors, which are included in your package. without taking a longer time, i'd like to turn this over to the project architect. thank you for giving us the opportunity to represent our updated project. i will be here to answer any questions you may have. thank you, commissioners. president miguel: thank you. >> good afternoon. my name is patrick. i mean the architect of this project. it -- i am the architect of this product. after the last hearing, we have taken your comments into account. we have made changes to the plan through the comments, taken those into account, and these changes are beneficial to not only that tenants but the neighborhood also. i'm going to show you the plans as we have changed them. inow we have a kitchen that we have consolidated into the ground floor. the previous kitchens work on individual flores. there were approximately 120 square feet. this kitchen is approximately 400 square feet. it is a lot more than the two. this has seating and storage and a co

to d.r. a. >> spending hundreds of millions of dollars, prides itself on technology like 3d. >> reporter: but for a man robbed of one of the greatest senses -- >> standing up for yourself. >> reporter: we made attempts to reach the corporate offices in texas with no success tonight. however, cbs5 did contact a number of cinemark and century theaters. we are told some of them carry the headsets but they tell us none of them have closed- captioning systems. >> robert lyles in san leandro. >>> tonight we are getting our first look at haunting video shown to jurors who convicted a former youth football coach in the torture of a tracy teen. the footage shows the boy moments after he escaped still wearing a shackle on his leg. >> reporter: the then 16 year old had already risked his life to escape using a trampoline to vault out of the yard of the tracy home where he was held captive and tortured for over a year. this surveillance video picks up the story from there. the young man panicked and out