president miguel: commissioner sugaya. >> i am not ready to move forward and there are a lot of questions i need answers to and can take the next hour to go through them i assume. >> i'm here. >> thank you. page 14, line 10, the zoning administrator and all that has been struck. could i have an explanation of that please? >> that was a request by the former zoning administrator that deals with section, excuse me, with section 185, continuance of nonconforming provisions and this is a weird section. when the planning code was updated several decades ago and when it is continuously updated, any use that is basically not permitted in the new zoning and becomes a nonconforming use and there was an intent decades ago to phase out and require nonconforming uses to shut down. and part of that was to mandate that the zoning administrator has to give notes and dates of expiration of when the businesses needed to shut. he has to do it every four years. we have not been doing this and the city policy has changed to allow them to cont

commissioner sugaya: yes. if that is going to be the direction the commission is taking, i'll have to vote against the motion. if you separate it out, i can vote for some of them but not for another one. so, i'm just letting you know that. >> as maker of the motion it doesn't matter to me if we -- oh, all right. well, then i guess we should separate it. well then let's do each one individually. beginning with -- unless -- commissioner borden: i i think we want to talk first. >> you want to continue talking before you make a decision? commissioner antonini: the motion is the same. what we're going to do is continue. i guess you don't care about the order -- ok. so we'd go as the order is on the -- on our calendar. commissioner borden: i just want to talk to staff about what -- prior to this point, what other building formats or form did you look at and was there an earlier or smaller version think? know we've changed the version. you can talk a little bit about that? >> yes. actually prior to my time at the dep

commissioner sugaya: no. vice president olague: no. president miguel: aye. >> that motion passes, 4-3. on item 12-c. commissioner antonini: aye. commissioner borden: aye. commissioner lee: aye. commissioner moore: no. commissioner sugaya: aye. vice president olague: no. president miguel: aye. that motion passed 5-2. thank you, commissioners. >> if i might interrupt, it was brought to my attention by city attorney that regarding the ceqa findings, there was discussion at the beginning of us taking it collectively and adding the ceqa findings. i was advised that the vote on item a should have included the adoption of the ceqa findings. >> the first action you take needs to include the ceqa findings. you cannot take any approval actions without the ceqa findings being adopted as part of that first motion. and your first motion was on item a and you did not include the ceqa findings in that. i would ask the commission if it would rescind its vote on item a and revote including the ceqa find sogs that it's clear that that was taken. you did

president miguel: commissioner sugaya. commissioner sugaya: yes. i don't live too far from here and i know there are a number of restaurant closings and another has closed within two blocks and agree with commissioner lee. president miguel and this particular application is in their neighborhood and they are in favor of this. and so that would be one important point. and the other thing is we do this often in other situations. for example, we'll approve a project that has as part of its component a grocery store without knowing what the grocery store is going to be. in fact, often times we hope it's going to be a grocery store but we don't necessarily condition the project so have a grocery store but there will be retail and i am still in favor of the motion. anything further? >> should the commission choose not to support this conditional use today. we recommend that you include in your motion that you would accept that the reason is because there is not a specific tenant and you would accept conditional use in less than 12 months because otherwis

president miguel: commissioner sugaya. commissioner sugaya: yes, thank you. i guess for me, i understand that -- and i think this is right. a code-compliant building, as people have been trying to point out, probably is not going to result in anything that's substantially -- i hate to use the word different, but you're not going to get what you think you're going to get for those who testified along those lines. and i think the project sponsor and architects have probably pointed that out also. for me becoming code compliant isn't the issue. i just think that the mass and scale of this building is too big for the site and location that it's at, adjacent to a conservation district and in this part of town. and i'm extremely disappointed that the developer hasn't taken that more into consideration and provided us with a design that is much more compatible with the surrounding area, but has chosen to basically max out the f.a.r., the height and everything else. maybe that's probably based on considerations of profit and how much they paid for the property, etc.,

commissioner sugaya? commissioner sugaya: yes, i would like to thank mr. lee, some of us who are more or less regulars here probably noticed we chitchat on occasions between items or during items, and i can't reveal the content of those discussions, because it might affect some of you. but, anyway, i will miss that and wish him well. president miguel: commissioner moore? commissioner moore: commissioner lee has definitely kept us on our toes. he also has a great sense of humor and while that has not always been displayed in front of everybody, he has had us chuckle quite a bit. so thank you bill, it has been a very good time. president miguel: commissioner borden. commissioner borden: the same to you commissioner lee as the youngest person on the commission here, i haven't had nearly as many jobs in city government and commissions that you have had, but it never ceases to amaze us how many different roles you have played in city government over the years. i want to be thank you for your service and hope i see everyone in september. commissioner lee: just o

president miguel: commissioner sugaya? commissioner sugaya: under the scenario if it's approved and it is a c.u. and a restaurant and is it a specific restaurateur that comes in and one of the neighborhood groups or somebody files a d.r., what kind of powers does the commission have under d.r. short of overturning the c.u.? can we condition anything and everything at that point? >> thank you. good afternoon. >> i didn't mean everything and anything, but -- >> in this case i believe that once the building permit comes through, there will be a section 312 notification and one can file a discretionary view and bring it before the board who would be able to condition that permit. however, that permit is not appealable to the board of appeals because it is issued pursuant to a conditional use. so that is my understanding but would defer to the city attorney. sh commissioner sugaya: for example, we could condition hour of operation and garbage pickup and storage within the building. there is no entertainment here at the moment,

commissioner sugaya: if ms. olague is worried about basketball, there seems to be a plan to relocate it. vice president olague: it seemed to be a community gathering. they can go to school, i suppose. commissioner sugaya: i'm going to support the motion. i think it's an extremely project, well done and i'm sorry i just got the notification that you handsed out for your pow wow on saturday. i'd really like to go but i'm going to be at my own pow wow in utah with former internees from my internment camp in world war ii. so, we'll say a good word for you there. commissioner antonini: sounds like a great project. i'm really happy that you've partner with the two dental schools in town and i can tell you that i know there is an interest on behalf of u.c.s. -- ucsf in becoming more of a presence in the mission district and this is a great place for them to be. so that's terrific. >> the motion on the floor for approval. commissioner antonini: aye. commissioner borden: aye. commissioner lee: aye. commissioner moore: ay

president miguel: commissioner sugaya [ commissioner sugaya: to educate the commissioners on similar points. on page 22 and 23 of the whatever section, visual -- potential visual impact, there are some statements made that don't seem to be quite consistent with each other. at some point on page 22 it says although clearly larger and taller than other buildings on the block or in the immediate vicinity, etc., it goes on and says although taller and more massive, they would be generally compassible in scale with many of the buildings in the general vicinity, i'd like to have some additional analysis to show the heights and where those other buildings, those many buildings are. also, it says that the residential character of the buildings architectural, massing and materials would help break down the building's mass and be generally compatible and aesthetic character with the adjacent smaller scale residential uses. i don't see how that's possible given the current design of the building. and then on page 25,on page 25,n the first paragraph that says, "while the building would substanti

. >> move to recuse commissioner sugaya. [roll call vote] >> commissioner sugaya is recused. >> good evening, commissioners. planning department staff. before you this evening is a request for findings of conformity with the general plan for a package of proposed partial street vacations as well as the conveyance of that property to the powers authority. a general plan referal is required before any action on the public right of way or sale of public property. you're probably very familiar with the transit center. it will be a new expanded bus and rail decision on the site of the existing terminal. at the corner of first and mission streets. this first phase of the transit center project includes construction of the above grade transit center including the bus decks and a public park on the roof as well as a low grade train station as well as the bus ramps leading to and from the bay bridge. so a series of strait -- are necessary to -- street -- are necessary to move forward with this project. first the transit center buildi

president miguel: commissioner sugaya? commissioner sugaya: not to beat a dead horse, a little bit, but i always like to think of the housing element as a larger bay area at issue, i suppose. we do not have a regional government system, so obviously we don't have a mechanism through which to really enforce things. i know that abac does the original projection and valuation and the kind of give targets to each community. but they have no enforcement capability, to my knowledge. so that is contributing to part of the problem. it would be nice to have some kind of overview at some point of how the overall regional housing system sort of works. not that long dissertation, so the speaker. -- not a long dissertation, so the speaker. but then plugging in legislation that would be affecting us, and i know we are looking at that. but somehow bring the whole housing element into perspective and context on a larger scale would be helpful. i think to echo some of the other comments, it is always interesting to hear that the city of al

commissioner sugaya: aye. vice president olague: aye. president miguel: aye. >> thank you, commissioners. that motion passed unanimously. >> i want to thank

commissioner sugaya: commissioner sugaya: -- supervisor alioto-pier. we have a motion by supervisor alioto-pier. any comments? supervisor mar? supervisor mar: before we support ms. brinkman, let me say i'm strongly supportive of her nomination an think she would be a tremendous progressive visionary on the m.t.a. board and i think it's one of mayor newsom's best appointments and i hope to see many more like it with tremendous background in improving our neighborhoods and city. to the points, and i know ray from years from rap high school and working with low-income kids, and really turning their lives around, and mr. steve also from labor video project that informs so many of us of labor struggles not just here around the world. i totally agree that m.t.a. board needs to be restructured and governance needs to be changed. that's why supervisor

commissioner sugaya: commissioner sugaya: -- supervisor alioto-pier. we have a motion by supervisor alioto-pier. any comments? supervisor mar? supervisor mar: before we support ms. brinkman, let me say i'm strongly supportive of her nomination an think she would be a tremendous progressive visionary on the m.t.a. board and i think it's one of mayor newsom's best appointments and i hope to see many more like it with tremendous background in improving our neighborhoods and city.