>> we have a motion from commissioner fong to continue this matter to june 19th. that's to allow time for the appellant to file for a conditional use authorization. on that motion to continue, 3 votes are needed. president wong, no, ton, yes, lapis

>> we have a motion from commissioner fong to continue this matter to june 19th. that's to allow time for the appellant to file for a conditional use authorization. on that motion to continue, 3 votes are needed. president wong, no, ton, yes, lapis zarus. the matter is continued to june 19th. >> meeting is adjourned. >>> >>> >>> >>> >>the pledge of allegiance? i pledge allegiance to the flag of the united states of america, and to the republic for which it stands; one nation under god, indivisible, with liberty and justice for all. >> mr. president, i'd like to call roll. >> thank you. >> president mazzucco? >> present. >> vice president marshal? >> he's in route. >> commissioner de jesus. >> present. >> commissioner chan is excused. commissioner kingsley? >> present. >> commissioner turman? >> here. >> commissioner lockly? >> present. >> mr. president, you have a quorum. also with us is deputy chief mike beale and director hicks of the office of citizens complaints. >> thank you very much, sergeant. ladies and gentlemen, welcome to the april 10th, 2013 regularly

on that motion to over rule president fong, no, ton oh no, lazarus? no, honda? yes. the vote is 2-3. the motion fails. required to return a departmental action. unless there is another motion, this would be held by default. >> i would then move to continue this to allow them to file a conditional use application. >> commissioner fong is that to a specific date? >> let's give them two months. >> to june 19? >> okay. >> is there a reason why you would go that route? >> i just think that they should be given a chance. >> they had the chance. it's denied. right? >> well, i think the statute is unclear enough that maybe they should have exerted their right to have this interpret. all minds in this room differ about what it means. i think it's fair to give them a chance. >> but my thinking is i thought we heard that they are going to be given a chance. they have a 10 day period with which to have a rehearing or file a c u application? >> if i can just briefly add, if they filed a rehearing request and submit their c u application, they could then withdraw their hearing req

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 existi

>> aye. >> and commission president fong? >> aye. >> so moved, commissioners. that motion passes unanimously 5 to 0. it places you under commission matters, item 6, consideration of adoption draft minutes for april 11, 2013. >> sly any public comment on the draft minutes? ~ is there any public comment on the draft minutes? seeing none, public comment is closed. commissioner wu? >> move to approve. >> second. >> on that motion to approve the draft minutes from april 11, 2013, commissioner antonini? >> aye. >> commissioner hillis? >> aye. >> commissioner moore? >> aye. >> commissioner wu? >> aye. >> and commission president fong? >> aye. >> so moved, commissioners, that motion passes unanimously. and places you under item 7, commission comments and questions. >> do we have notes? >> just a moved minutes. 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

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 of the following. one is a conversion of 3 seats and new retail places with approximately 60 kwartsquare foot on the first floor. on the adjacent surface parking lot a new four story mixed use story will be built and also consist of 122 spaces. the ground floor will be retail. behind the retail will be dwelling uts. the whole building will consist of 37 units. 13 -- 1 bedroom and 63 bedrooms. four of those units will be below market rate housing units. since your last thursday passionate, we have received two letters expressing concerns about the project and one letter in support of the

. >> commissioners, on that motion to approve with conditions, commissioner, hills, moore, sag ya, fong, aye. that passes unanimously 7-0. commissioners, that will place you on item 14 for case no. 2011 at 2014 hey street with retail project draft eir public hearing. please note that written comments will be accepted at the planning department on april 15, 2013. >> good afternoon before we begin this item i want to take the opportunity to introduce a member of our staff who has been with us for about two years. this will be her first appearance before you. rachel came to us after having 10 years of experience with the projects in part of a consulting firm for about 10 years and previous to that received a bs in environmental economics and policy from cal and since coming to our department she's performed extremely well and is making a vital contribution to the work of the department in the city. so please join me in welcoming rachel shaut. >> thank you. >> good afternoon, president fong, i'm rachel shaut department staff. the item before you is on the draft environmental report or draft

fong, wu, borden, hillist, moore, here. >> commissioners, first on your calendar are items proposed for continuous, item 1, 2012, t and z amendments to the planning code. item 2, amendments to the planning code for the fillmore district is continued until april 136789 i -- 13. in public comment on the 2 items? is there any additional public comment? seeing none, public comment is closed.. >> on that motion to continue matters. commissioner, that motion passes 7-0 under your consent calendars. all matters are considered to be routine by the planning commission and will be acted by the roll call. in which the matter shall be removed from the consent calendar and considered as a separate item at this or future hearing. item 95 c, 65 camden drive. item 4, 51 c, 248 market street request for conditional use authorization. item no. 5. d and 1245 avenue request for discretionary review. on march 14th, the commission adopted and motion to prove the project from moving the kitchen and continue the item to april 4th consent calendar to allow draft with the appropriate findings. >> 1096 union stre

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

come on up reverend norman fong. [applause] >> yeah, that's true. i am going to keep this short, but i also need your involvement. i was asked to do a blessing but those that know me we need to bless each other and today i just want you to say these four words. bless the central subway. say that. "bless the central subway". now, whenever i say this word "this is it" -- i am borrowing from michael jackson. then you did a blessing. okay. this has been the moment we all been waiting for. this is it. >> (inaudible). >> a community dream is being actualized. this is it. >> [inaudible] >> communities from the bay view to chinatown are being connected. this is it. >> central subway. >> affordable transportation is the life blood of all cities. right? this is it. >> central subway. >> from washington dc to san francisco we are here to accept brait a federally supported and grass-roots driven transit project that represents access for all to jobs, health care, their families. this is it. >> central subway. >> okay. a little extra. in the national play offs o

fong who is the ain't of supervisor yee. i've learned that mrs. fong was like a second mother to him and she just recently passed away on march 28th. she was 91 years old. she was born into a family with a lot of siblings. she married at a young age. she always remained strong ties but she had a baby and the baby died. she's survived by 18 nieces and nephews services and funeral will be held tomorrow and just wanted to let supervisor yee to know our thoughts and prayers are with him >> thank you and similar to the last requests i'm hoping we can all sponsor that. >> today, i'm introducing resolutions which expands 70s for state and public workers. and assembly bill that expands cancels exciting hiring policies that contract with the state. members of the state may remember that 45 other cities and counties passed this legislation by removing the convictions and delaying the criminal background check until later stages in the hiring process. we know that many of the men and women who are released from prison are having problems getting jobs. and th

. >> i too am leaning to uphold the permit as agreeing with a lot of what commissioner fong said. people can build the any other time and when you see this kind of concession there's been a lot of outreach on behalf of the sponsor to the neighbors. i'd like to commend them and it would be nice to see more people try to work with the neighbors so i agree to up hold the permit >> you want to move a motion. >> i'm going to move to uphold the permit on the basis that it is not only code come pliant but has gone through the community involvement and therefore is significant modifications of the design. you building delete that last line and a hold him to it >> the code compliances and we have a motion from commissioner fong so deny the permit and say it's come pliant. >> (calling names) the vote is 4 to zero this permit is upheld on that basis. we're going to take a short

with commissioners antonini, hillis, sugaya, wu and fong voting against. should we take the second motion. >> so i believe i can support commissioner hillis motion. i don't know the to see all c u's, if it's located as a process as opposed to a banned process. >> that's exactly my position as well. i do not support conditional uses accrue is the city. if we want to give control in that way, i'm willing to support that, but i don't think that is the right approach citywide. i just don't. >> let me chime in and this is really not too much different in what we did in upper market last week. in which we created a very specific policy with a radius clause of a number of feet. it really sort of a pilot for that particular area because of the given conditions. i feel this is the exact same thing. i do feel that by whatever reason timing approving three in one night, we changed that block over night and i didn't feel very good about that and i don't have a problem with the mcd's there, but doing it there in one night was not right for the community. remember they

president fong and commissioners. my name is phillip riser, i live across the street from the proposed project. i live at 2 sprus spreet. my wife and i are also the former owners of this street. i'm here on behalf my wife and family to express our full support. the proposed project does not meet any requirements of the d r and should not be before you at all. it's respectful to the existing house and visible to the public area. as the former owner of this property, we spent 18 months developing plans for the house in working with the neighbors. in our case, we had proposed a 3rd story on the north far side of the house. despite our efforts, we were subject to the same replease be seated repeated obstructions by the neighbors even though it had little or no effect on them. they are protecting their own interest regardless of legality or impact. this neighbor has spent the last four years strategically derailing any proposal for the renovation of this home. they did so also with the original owners and now they are tryi

. >> we have a motion from commissioner fong to deny this permit and it's on the basis that the designated property owner was incorrect and that the address parcel was also incorrect. >> right. >> on that motion to deny this permit with those findings, that basis, president wong? aye, tad oh, aye, lazarus, aye, thank you. the vote is 5-0. this permit is denied on that basis. >> then we'll call the next and last item on our calendar. no. 13 -- 7. subject property at 4871 mission street pealing a notice of violation of penalty dated february 6, 2013. addressed to lucky group investments l l c regarding the operation of a financial service use. >> could you keep your voices down and take your conversation outside the hearing room. doing business as lucky money check cashing without authorization and violation of the planning code. we will begin with the appellant. you have seven minutes. >> thank you, board president, wong, my name is charles smith. i'm the attorney. i represent the lucky group. we appeal the notice of violation in the finding that lucky check cashing was operating without th

it remained that way and just factually in terms of commissioner fong's questions about the change of location, the facts are that the three previous locations were all rented where the business owner was at the whim of a landlord. the current business is owned by the lucky group. so it's different. so unlike the residential cases where we lived to before where the owner has decide to change the use of his property, those are in opposite to what we are dealing with here. i also listened mr. sanchez talk about procedural mistakes that perhaps my client made in not following the right procedural path, but i would simply argue that i ask the board to put substance over procedure. if at the end of the day the argument is accepted that this is not a new fringe financial business in that neighborhood, but rather the continuations of an existing one and the city for good decent reasons has been argued should limit businesses of this nature. well, fine. don't let anyone else into that neighborhood. there are already several businesses in that neighborhood doing what my clients do. to punish m

on that motion, commissioner fong, aye, wong, tan oh, i'm going to vote no. this is 4-1. this l o.d. is held on that basis. >> thank you, moving to item no. 7. appeal 015. the building inspection. the property is on

on that motion, commissioner fong, aye, wong, tan oh, i'm going to vote no. this is 4-1. this l o.d. is held on that basis. >> thank you, moving to item no. 7. appeal 015. the building inspection. the property is on lombardy street. 2013 to lombardy property company. comply with notice of violation no. 0212001 replace existing walls per plans landscape deck. this is on for a hearing today. we'll ask the appellant to please step forward. you have seven minutes. >> good evening. my name is rod handling. in 1975 i purchased a building that had two flats and a small cottage as my home. i moved in and several years later i met my wife at our flat and we were married there and lived there until we moved a few blocks away to raise our family of kevin tert stan. we work with neighbor groups all the way back into the early 1980s on proposals for what is

. >> 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. >> good afternoon, commissioners, dee anna keson for supervisor tang's office. [speaker not understood] waiving fees for awning, signs,

fong >> madam clerk any more business in front of the body? >> ladies and gentlemen that includes our meeting. the meeting is

for that reason i would agree with commissioner fong on what the real issue is at the point of dispute. that's where i'm headed. >> as am i. i wanted to move to uphold the joining administrator and deny the appeal. >> is that on the basis of no correction? thank you. >> who #r we have a motion from the president that they did not error on disaggression. commissioner honored an aye. thank you. the verdict is 4-0. >> there is no further business. we are adjourned. >>> >>> >>> >>>

for that reason i would agree with commissioner fong on what the real issue is at the point of dispute. that's where i'm headed. >> as am i. i wanted to move to uphold the joining administrator and deny the appeal. >> is that on the basis of no correction? thank you. >> who #r we have a motion from the president that they did not error on disaggression. commissioner honored an aye. thank you. the verdict is 4-0. >> there is no further business. we are adjourned. >>> >>> >>> >>> the pledge of allegiance? i pledge allegiance to the flag of the united states of america, and to the republic for which it stands; one nation under god, indivisible, with liberty and justice for all. >> mr. president, i'd like to call roll. >> thank you. >> president mazzucco? >> present. >> vice president marshal? >> he's in route. >> commissioner de jesus. >> present. >> commissioner chan is excused. commissioner kingsley? >> present. >> commissioner turman? >> here. >> commissioner lockly? >> present. >> mr. president, you have a quorum. also with us is deputy chief mike beale and director hicks of the offic