the d.r. has requested continuance of this item. i believe the d.r. requester is here. the matter before you is whether you want to continued the -- consider the continuance and then hear the case or -- but the d.r. requester is here. president miguel: there has been a request of continuous from the d.r. requester. not agree to buy the product sponsor. commissioner moore: could we both ask in both parties to make a brief statement? what is theç case? what is the reason? president miguel: the d.r. requester is present. if they could make a statement as to why they wish this hearing postponed. çcommissioner moore: come to te podium please. president miguel: two minutes each. >> i do not wish it to be closed on anymore. i did at that time. president miguel: that is all i need to hear. very good. good. >> good afternoon. i am from the department of staff 3 before i begin my presentation, i would like to bring to your attention a necessary correction in the plans for this project which the depart

president miguel: d.r. requestor, you have a to middle -- to minute rebuttal -- two minute rebuttal. >> everything in the neighborhood is three stories. there are more buildings across the street within the bloc and so on and so forth. what the neighborhood character is about here is to stories and that is what we have got. we have nine houses in a row, two stories from the street. our house has 3 stories but we have a penthouse that is put back. what we are requesting is the character of this side of rico way, this project be in character with the existing development on this side and the fact that we have this neighborhood character which is unique. this is definitely a planning issue. of character in the neighborhood. this is a lovely block and we would like to keep it in character. thank you. president miguel: product sponsor, you have two minutes. -- project sponsor, you have two minutes. >> thank you. this is to correct a dysfunctional layout that allows us to have our children germs on the same floor

commissioner antonini: i can certainly understand the d.r. requester her's -- the d.r.uester's concerns. it does not sound like there are a lot of options on this assuming that the stairs are not repairable. i have been in some of these buildings, and in recent days, i go very slowly down is a because they are very steep and you could have an accident really easily if you are not careful. i would think the run would be more gradual on the new stairs. i do not think there is too much we can do on this other than not take d.r. unless it is found out that there is a way to repair the existing stairs. >> the motion on the floor is to not take discretionary review and approve the project as proposed. with the suggestion that staff check in with dbi to see if there's a possibility of repair. commissioner antonini: aye. commissioner borden: aye. commissioner fong: aye. commissioner sugaya: aye. president miguel: aye. >> the motion passes unanimously. commissioners, you are now on general public comment. president miguel: is there any general public comment? >> from the experie

i think even some of the d.r. requestors would agree that finishing at the right way it will look like it belongs with the house. there are other issues here. i visited the contact and the project sponsor and i visited one night and walked through the place and got a really good idea of what the needs were to try to locate the master bedroom and the children's bedrooms on the upper floor which requires a certain amount of space and i could see given what they were allowed to have, it was going to be pretty tight. and i'm not quite sure why we need to have a setback that is almost 23 feet when most of the time, all we ask setbacks to be is 15 feet. they even said, 17 feet or even 19 would be fine. it would allow them to have a functional staircase and other things that work a lot better than to try and cram all the rooms and to that one space. there is another factor here that i noticed by looking at a map. i went on a rainy night but i returned on a sunny day to get an idea of the affects of additions and the shad

i really think that you should support the d.r. president miguel: are there additional speakers in support? if not, project sponsor? >> good evening, commissioners. i'm the owner of the project. commissioners, i don't have big corporations or organizations behind me. with my limited english skills, please forgive me if i -- i tried to explain my cases clear as possible. please feel free to stop me any time if you don't understand. i have also provided copies for review. today is my second time attending this public hearing and i would like to thank the commissioners for giving me this opportunity for the business concept. i found it [unintelligible] my family and i have the business in chinatown. they also have a facebook page as evidence to show we are a formula retail establishment. they also took parts of my speech and tried to make me look like this evil person. please allow me to clarify these issues. [unintelligible] it will make all of these other businesses become formula retail as well. there is a very clear definition of

commissioner antonini: speakers in support]i of the d.r.questor. >> i am a neighbor to the proposed mcd, 4218 mission. i do not çwant to live in a neighborhood where i need a business next may with security cameras and security guards and it attracts some criminal activity. people smoking marijuana in and out and near where i live. i am speaking out adamantly about this moving in. çi take pride in myñr house ani clean it up. i am constantly cleaning up debris and letter, graffiti off my building and things like that. because i do care of my neighborhood. i have spoken to other neighbors around the neighborhood -- area. a lot of neighbors are taken back because there were not notified, did not know this was going in. they also are adamant against it because they are afraid of the crime element that could possibly be coming in and the ease of people to be able to get marijuana cards to just smuggle marijuana because of the -- the high they get. i do not feel that our youth that people need that. we have a major problem with drugs as it is,

president miguel: there is a motion and a second. >> the motion is to take d.r.sion street,d outlined in supervisor avalos's note, çwith the added requiremt for a community liaison. çthe police department will be able to inspect for compliance. on that motion -- commissioner antonini: no. commissioner borden: aye. commissioner fong: aye. commissioner moore: aye. commissioner sugaya: no. commissioner wu: aye. president miguel: aye. >> the motion passes 5-2. [applause] president miguel: i hope both of your organizations and their supporters fullyç understand t, what should i say, conundrum we have to serve under. i hope if any of the board of supervisors or staff listens or looks at this hearing that they willç understandç that we're asking themçç to deal with th, if they can. >>ç thank you. commissioners, you are now at general public comment. president miguel: is there any public the agenda? if not, public comment is closed and this hearing is finally over. çç5a

if not, d.r. requester has a two-minute rebuttal. >> i will be brief. i have heard nothing really that this use the information we provided to this commission that mr. liu is in direct ownership base k is aobe the bent -- of the kobe bento chains. the excerpts from the website were intended to show the permeable relationship with which he is associated. he says he is independent, but we have seen nothing to anything else that indicates he is nothing but trading on the relationship with the chain. that is precisely what the formula retail restrictions are designed to limit, and that should be done here. the signal to the public is that this is through the trademark service images that he claims are totally different. the public will be quite clear as to who this entity is associated with. that is the critical link in establishing the elements of a formula retail. how does the public perceive this? that image is how it is marketed to the public. it is not something that is supposed to be part -- we asked the commission to deny a permit. president miguel:

president miguel: any speakers in support of the d.r. requester? >> and good evening, commissioners. i am the director of programs and community affairs. i will keep this short period based on the evidence provided in your packet, the link being 75% partner, being the owner currently here in the city, this makes it pretty clear that the cafe could really just be kobe bento in disguise. i don't mind the new business in japan town, i think that good business is great. it is something we need for the future, but by using the less deceptive nature, excuse me. using deceptive measures is not my idea of good business. it doesn't set a good precedent for japan town or the city. there are and goals of the time. it supports that fabric instead of working against its. i would like to know that new businesses moving into japan town would have the community's best interested in mind instead of finding ways to avoid its. i strongly support the discretionary review. president miguel: thank you. >> good evening, commissioners adnd director. i'm a member of the ja

ixd appreciate that the d.r.r implies that there is a code or rule violation, but i do not see it that way. is there anything in the code which we are not seeing? the design guidelines clearly speak to a modest cop out -- pop i]out. >> arguably, there are two code issues. the first is residential design guidelines adopted in the planning code under section 311. t(the department reviewed this d found that it complies with the design guidelines. the second issue is that of the rear yard. there is a rear yard variants for a very small portion of the structure. while they are allowed a 12-foot obstruction intot( the required rear yard, that is limited to 10 feet in height when itç goes to the property line. this is 11 feet, 8 inches. it is consistent with that of the structure that is already there. carrying over that existing roof line. we did have a hearing at the end of october on this. the d.r. was required subsequent to that hearing. we wanted to bring it back to the commission for your consideration. the roof

if not, the d.r. requester has a two-minute rebuttal, if you wish. >> thank you.ted to address the issue of safety again. their position is they have been forced to do this by the city under certain code, a section that has to do with run and rise carried they are ignoring other sections and introducing additional safety problems that do not exist in the present structure. in particular, the size of the less than the required 50 feet from the building. there is no area for egress. i have lost the statute -- here it is. california building code access of public way. it has to exit to the public way or into a proper backyard. if you can get 50 feet from the property, 50 feet from the building on the property. you cannot get 50 feet from this building on this property. you have to go back under the building, through a heavy trapdoor, with debris falling on you, presumably. making this complied with the run and rise section of the code so that people somehow get faster or more safety down to this enclosed area makes no sense. apart from the fact that it violates the c

d.r. requestor, you have two minutes for rebuttal. >> i wanted to mention one thing.gentleman who said the closest mcd was 31st -- 29th and mission, but we have another one on ocean avenue. it is sam wished in between those two -- sandwiched in between those two. commissioner antonini: present sponsor, you have two minutes. -- project sponsor, you have two minutes. >> i would like to start this off on the right foot. it is the green cross's intention to prove to the opposition -- the opposition wrong, to prove their concerns unfounded. we will do everything inç our power to work with good members of the neighborhood were opposed and make them the neighborhood a much better place. the last time the green cross applied for a permit, there was one person who spoke and she was middle-of-the-road. she had some hesitancy but she was not opposed. she was across the street from the current permit location. the greeni]it will do everythine it unfounded, and with that, i will submit it to the board. >> thank you. >> is a public comment clothes? -- is a public comment closed? >

coming up on the d.r. show a turf war. auction 2012 coverage of the fight or what was supposed to be a foregone conclusion mitt's michigan. the megapanel weighing in. how is this for an idea? they don't pass a budget being our government, they don't get paid. the congressman who says it's time for lawmakers to actually be held to account for their work. and then, he is known for forcing explosive political debates and now he is tackling america's cultural divide. author charles murray joins us later in the program to talk about what he says is tearing america apart. [ female announcer ] feeling that flu all over your body? immerse yourself in all over relief with alka seltzer plus. it's specially formulated to speed relief to every inch of you. liquidate your flu symptoms with alka seltzer plus. today my journey continues across the golden state, where everyone has been unbelievably nice. mornin'. i guess i'm helping them save hundreds on car insurance. it probably also doesn't hurt that i'm a world-famous advertising icon

commissionerhantonini: thank you. okare there additionalç speaken favor of the d.r.is project? >> i am on the board of the merchants and residents association. i have -- i am a third generation native and have lived in the district for all my life and my parents worked for the city. at that timeç as a city employe you have to live within city limits. i have seen the neighborhoodi] o through a lot of changes. rabin trying to work on improving the neighborhood. we come to you often with concerns and questions about certain businesses that will open and this one is a huge concern. not only for 4218 because this is a working-class neighborhood, there's a lot of children and youth in the area. to have this type of business i do not think is the right fit for the neighborhood. unfortunately it is in one of those areas where you have 1,000 feet and is the only place left to can open up -- you can open up an mcd. we should open one because it -- it is a value. i do not know of this is a value. i am in opposition to this item and the other ones. thank you. commissioner anton

fif not, d.r. requestor, you hae a two-minute rebuttal. >> i will pass on my comment.s, if you wish. >> there was one specific bit of information i wanted to clarify, in regards to the point that(tie executive director of tree med is not experienced in this particular business. çourw3 client in the second row founded a charter tour bus company in san francisco, and built it into one of the largest charter bus companies in san francisco. currently pays over $120 thousand in payroll taxes yearly in san francisco, with 50 employees. she is more than capable in her business experience. i think it speaks for itself. the transition to this type of operation will not be a problem for her. in addition, the property where treemed t(çis located is a fam- owned building. during two years when it was a vacant storefront, much like mission organics, there was a large graffiti problem. we have to go out several times to paint over graffiti on the storefront. i guarantee you onceç the security is put in and the building is renovated, there will no longer be any typemy of graffiti

carry weirton of hospitals reduced from being a world-class, tertiary care facilities to clinic and d.r. care for a time until they get things back in order. finally, i think it really speaks to the issue of resiliency and people in general. this is one of those things where it is a different world and you have to cut through the differences of the environment in the living conditions in another country versus dollars. it really speaks to how people will come together when a half to and how people can be resilient and it just kind of recharged my desire to keep pushing in this direction. it is not about kids, it is about a community. it is about making people stronger as a whole and not just saying, here are some boxes of water and some m.r.e's that you are not going to want to eat anyway. he working primarily with the organizations that are already in the community to strengthen their constituencies and until that community as a whole. that is what is going to see us through. you see that when you go to places like this ntc with the community has come together. in a lot of ways, quite

that is something we do require, the mailing labels from the d.r. requester. it is from the adjacent and never groups. commissioner fung: is that the only notice that is required? >> for the dividing properties across the street and adjacent and also to the right groups. vice-president hwang: getting back to the notice that would go to the property owner, the jurisdiction request for, -- requester, you said it would not give the names of tenants that it is not occupied by the owner. does each tenant in the building get a notice in their mailbox or how does that work? >> good question. there are two for processes. the various process is owners within 300 feet. we get the owner information from the assessor's office. it goes to their proper mailing address. for the section 312 notice, it goes to owners within 150 feet as well as occupants. four occupants, it says occupant and has the apartment number or whatever it may be. vice president hwang: so each unit would get its own notification. when did that one go out? >> that was for the full month of march. >> mr.

i also want to point out that i am happy to hear of alternatives for recourse on the d.r. concern that she raised here. it is not relevant. we are not going there. that is not what is before us. those are different thoughts. commissioner goh: i agree with what the vice president's said. i am also alarmed about the planning potential failure to accommodate reasonable accommodations. hopefully that will be addressed. otherwise, i think that it is, given the jurisdiction request er's concerns about dust and noise, that the construction might affect you and your neighbors' lives, i wonder if speaking with dbi and attempting to control that might be a good avenue? mr. duffy is nodding. he is amenable to hearing from you about those issues. president garcia: is there a motion? commissioner fung: i'm going to move to deny it jurisdiction. president garcia: before we take a vote, mr. duffy, will you give your card to ms. bryson? obviously someone who is involved in issues in that neighborhood. both of you would benefit from that communication. thank you. >> we have a motion from c

you had the -- a lot of stocks in positive territory on a 52-week basis along with d.r.t horton. so they're keeping a close eye on the home builders. they've been strong lately, mandy, but now we're starting to see signs of wear and tear. >> in the meantime, twitter has reached a very big milestone. first, jon, give us a quick preview of what investors should be expecting from hewlett-packard's earnings before they come out. >> yeah, let's talk about those hp numbers that we're expecting. we're expecting about $34.7 billion in revenue. 87 cents of eps. that revenue number is about 5% less than a year ago. but given dell's numbers yesterday, particularly given the thailand impact on the hard drives and pc business, we're looking to see did hp benefit or suffer from the same sorts of issues. on twitter, that is the 500 million registered user mark that they have hit. this isn't comparable to facebook's 845 million users. twitter's a little more spammy. you get a few more people signing up for multiple accounts. bots are known for signing up there. i know you've got a few s

i put this with d.r. horton which has been saying, things are a little bit better.ou listen to the commentary out of florida and they say businesses are doing well. there's job creation going on, building going on, no non-residential. >> citigroup says a lot of the strong cyclical indicators we've gotten so far this year are tough to extrapolate out further into 12. still thinks we're going to get 2% gdp in the first quarter. are people running with data more than they should? >> i think it's still too negative. we'll -- i continue to see more robust commentary on the analyst -- david, when you go to an at&t or verizon, the land line business isn't that bad? >> no, it's not. on the call, randall stevenson last week -- i wouldn't say he was in any way overly optimistic. but at least he did talk about business formation to a certain extent and said there's a slight tailwind to the economy. your point is a good one, jim. there is a pulse. there's no doubt. >> we're in a moment where if you're optimistic, you sound like a bozo. you say, things are better -- what is that

d.r. horton and ryeland getting hit.o some nat gas companies. ultrapetroleum, southwestern energy and devon energy talk spiking today. time for the road map the president's budget under review on the hill. tim geithner along with members of the senate finance committee meeting to discuss those numbers and a member of the committee will step out of the hearing, give us a live update on the progress. plus the company that's luring away top talent from wall street and what that means for big business as a whole. controversial chinese supplier fox con now being investigated by the fair labor association. we'll talk to the man in charge of those inspections, see what he thinks he's going to find. and michael kors feeling the love on this valentine's day. the stock is up big after a third quarter results beat expectations. but can the luxury retailer hold on to the gains? that's all coming up in the next hour. start though this morning with "squawk on the beat." we could be looking at data that might cause a change in u.s. gdp