. >> commissioner sugaya: i think you moved your bar? that's what i remember approximate. you took out my favorite eating place and i thinkit part of your kitchen. i've been waiting for you to reopen and i think everyone else is going to vote yes. so i call the question. >> on the motion to approve with conditions, commissioner antonini, aye, commissioner borden, aye, commissioner hillis, aye, commissioner president fong, aye. >> that motion passes unanimously and places you on the final item under your agenda, general public comment that's a time members of the public may address the commission on items of interest to the public that are within the subject matter jurisdiction of the commission except agenda items. i have no speaker cards. >> president fong: i have one speaker card, dino. >> hey, how is it going in dino, i want to inviolate you to check out 474 fairly street, a neglected property. we've talked about finding some solutions to what goes on in mid-market and north of mid-market and one of the solutions is addressing neglige

. >> president fong: commissioner sugaya. >> commissioner sugaya: yes. i guess being a car owner, being a car driver, not too keen on car -- market. i use market a lot, actually. maybe other people don't. but it's a diagonal. so it saves me time, having to go -- especially on the north side. if you have to go down and take a street, pine, and then go to van ness, and then down to market, it's easier just to go to market and diagonal down. saves gas too. anyway, i never been a total car-free person anyway. i have a question, -- not a question an observation. if you allow paratransit and other, like delivery and taxis, how are you going to treat the new form of urban -- they're not called taxis, this iewber, whoever those other guys are with the mustache on the front of the car. there are at least three or four that i think have started up. so that's a consideration, unless there is some way to identify them, i guess if you have a mustache in front of your car, that's an easy way to identify it. but i think if somebody like me participants in one of those

. >> commissioner sugaya. >> i have a question, on the upper floor that's being questioned, you have a master bedroom, to the rear of the bedroom, the ceiling drops and -- but it still has enough head height, is that right. >> it's a code minimum but it drops and fits under the planning envelope. >> so, it is usable as bedroom space? >> yes. >> mr. moore? >> while i'm very concerned as well as sympathetic to the specialness to the setting, i'm looking at what staff is analyzing for us to look at. this is a code compliant project, it doesn't ask for exceptions or for variances or for any other things which would trigger it to be exceptional or extraordinary and there is no restriction on a 20 foot lot in terms of far [inaudible] which are exceeded in what is proposed here, and i'm not even commenting as to whether or not or like this contempt rarely piece of architecture and i have to bite my tongue that i am completely enamored of it but that is not in front of me, it is a code compliant project which goes under a question of taste because we're not talking about the type of architec

commissioner sugaya: i have a side question. could you explain -- 3d owns the buildings further to the east, across the bridge? >> yes -- commissioner sugaya: are you involved in management- ownership? >> just 1881, which consists of sundance and on the spot -- and the spa. it affects both of them, especially the spa. commissioner sugaya: the lessee of the restaurant leases the property from the other owners. >> yes. >> what percentage of the spa has shared walls with the proposed subject? >> i do not know the exact -- they are the ones who have been getting several complaints. people asking for their money back, saying that it is not relaxing. it is not relaxing whatsoever with the noise. >> thank you. commissioner antonini: thank you, i can appreciate the fact that the activation of live entertainment is important. i would be inclined to support a continuance. i do not know whether a month is adequate or how much time it would take to get some sort of a sound steady. if that was found that if we are unable to attenuate the new

. >> commissioner sugaya: i think you moved your bar? that's what i remember approximate. you took out my favorite eating place and i thinkit part of your kitchen. i've been waiting for you to reopen and i think everyone else is going to vote yes.

commissioner sugaya: thank you. commissioner moore: with reading every day that dispensaries have been approved have been closed, i think is extremely important for this commission to consider of holding what california and the city supports with a large population that depends on this -- the services. this project is well located. 1 mile radius is quite far for others and what i like about this project is that we're talking about a group of institutions partnering for the case management system by which there interlink and depend on each other. indeed having the proper way and interactions that increase community. i am in strong support of this and would move to vote. there are other commissioners. >> second. commissioner antonini: i have a question for the project sponsor. i am impressed as commissioner moore was. the fact that this will go to charitable organizations. will they have oversight over the management of the operation? will they have a resident manager who is responsive to them as far as complaints or

. >> commissioner sugaya. >> yes. i guess just to start with something at the corner, i'm okay with the design. i think it projects out away from the facade along market. that seems to emphasize the corner enough at this point. i have some issue with the market street elevation. i don't know if anybody has any issues but me. this is not a fair comparison but i will say it. it reminds me of the city of oakland jail, which you can see from the freeway with the vertical -- i don't know if those are windows. i think they are glazed. but they are vertical slits. i know this is a little different but maybe the staff can have the staff look at it and make it a little more friendly to market street, which i think also is the major thoroughfare in addition to octavia boulevard. i hate to forget about that elevation. even as slender and narrow as it is. maybe a little more thought could go into that aspect of the design. otherwise i think it is vertically fine. >> commissioner wu. >> i'm also generally supportive of the project

. >> commissioner sugaya. >> i'm going to argue against that motion. i think i agree that the buildings next door on both sides are historic and exceptional structures. it doesn't concern me that -- i guess it's the placement and the forwardness of the addition that bothers me and to staff, in other cases where we've been looking at additions to existing buildings, there's a great deal of emphasis on setting that upper floor back. why wasn't that considered in this case? >> i'll address that. essentially, in those instances, we usually have a prevailing building plan that is usually two levels up on the street, you're adding a third storey, we required to be set back in this particular case, we don't really have that. the heights of the building, i mean, it's slightly set back for architectural character, but as far as requiring that it maintain like a 15 foot front setback, it was considered not appropriate by residents for this particular situation. >> okay, i understand that but that's a strict interpretation. you have a turid on one side, you have

. >> commissioner sugaya. >> thank you. i guess i'm annoyed by the process. we spend a lot of time on this, the board of supervisors spend a lot of time on this. now all of a sudden we are getting amendments. how many of these do you think will come back from various districts and various ncds. you have any idea? >> i haven't heard of any. this is one -- the first part was inadvertently. we did go through the specific targeted controls in the neighborhood districts and tried to adopt new policies, new definitions to this and missed this one. just didn't understand the consequences of it. >> i guess i don't like the word inadvertent because i didn't vote on this with an inadvertent thought. it was in front of us, we understood what it meant and would apply to all ncds in the city. if we -- we didn't get individual testimony from ncds, i don't think, maybe we did, about restricting, you know, their own individual areas. so the whole intent of the ordinance seemed to be to drive toward less conditional uses, more liberalization, or whatever, to apply to the city

>> yep. >> commissioner wu. >> following on commissioner sugaya's question, if at the end of the day if everything gets out from the plan but all of the shadow budget not used --ly use cloak y'all terms, is that thrown away or remain for some other building to use it? * >> it would remain. but we would posit that the criteria adopted with the budgets themselves would limit that to those buildings that fit those shadow profiles and so forth. so it is theoretically possible a building outside this plan could meet that, but it is also probably fairly unlikely.

. >> commissioner sugaya. >> i will move to approval the cu with a couple conditions. one, continued work on bicycle and pedestrian conflicts. whatever staff can work out on that regard to make it less congested and more safe. also continued work on the market street facade. anything else? >> second. >> commissioners, you have a motion for approval with some additional conditions. i guess the project sponsor and staff will continue working on the market street facade and bicycle and pedestrian areas. on that motion commissioner antonini. >> aye. >> commissioner borden. >> aye. >> moore. aye. >> sugaya, aye. >> fong. aye. >> wu. >> aye. >> that passes unanimously. you are on item 12. case number 2012.0641c for 933 to 949 stockton. request for conditioning use authorization. >> commissioner wu. >> i have a request to be recused as my employer has a project on this contract. >> commissioner sugaya. >> i have to ask for recusal because a company i work for was involved in some litigation issues regarding this specific site. >> move to recuse commissioner sugaya and wu. >>

. >> question from commissioner sugaya. >> no. a comment on anne marie's report. that is if there is a june election, 8 washington will be on the ballot. >> the board of appeals, their last hearing was august 22nd but i don't believe i have been able to provide a report since that so i will give a brief update. three items. 4201juda, the beach motel. letter of determination * from 1997, continued to the call of chair for several years. the letter of determination found it was a residential hotel, not a tourist hotel. the property owner was able to provide new information to the board of appeals that demonstrated this was a tourist hotel so it is in existence legal use. they have a termination date so they need to pursue a conditional authorization to use it as a tourist hotel. that would be before this commission in the coming months. the second was 135 el camino delmar. this was discretionary view and variance denial. this was the property next to the the sinkhole on el camino delmar and 24th. the commission had taken discretionary view and approved the project b

. >> commissioner sugaya? >> yes, as far as the ground floor activities, maybe you can enlist former supervisor daily because he is the proprior -- proprietor of the tax tavern, so i think this is good. i think this is the first one we've done under the new ordinance, or is this a recommendation between hbc and the planning commission, i'm particularly glad it's non-controversial and i think credit goes the planning staff on that. i had one observation when i was looking on google street view and i'm sort of familiar with the area anyway but had to refresh myself because there are a number of smaller one storey or two storey buildings in here that don't meet the criteria under this particular district, but i hope don't get lost in the process here, and i'm sure if there are activities that come along, it will be caught through the environmental review process sxr the planning staff, so i just want to have people recognize that these aren't the only buildings that i think could possibly have historic significan

seeing none, commissioner sugaya? >> moved to continue to the dates cited in the agenda. >> second. >> commissioners continuance of items one and two as ro posed oen your calendar. on that motion, commissioner antonini? >> aye. >> commissioner hillard? >> eye. >> sugaya? >> aye. >> thank you. commissioners that motion passed unanimously. commissioners you're now at your consent calendars. items four, five, and six make up the consent calendar. these items are considered to be routine and will be a single roll call vote. there will be no separate discussions unless a member of the commission, the public or staff requests. in that etcht the matters would be removed from -- and be in a future hearing. item 12 for 3235 sacramento street. previously occupied by retail store into a children's hair salon of a commercial building within the sacramento zoning district. item five is case number 2012.0822 c for poe street. it's a dd a new use size as another entertainment use to an existing restaurant within the nc-3, mo rat ski

commissioner moore. >> yeah. >> sugaya. >> aye. >> hill.

. >> commissioner sugaya. >> yes. maybe this is more for staff, supervisor. anne marie, the legislation as affects the planning code uses the language accessory parking versus just parking. at least in your presentation you used the word accessory parking. >> it applies to residential accessory parking. >> can you define that for me? >> it would be where -- a primary use would be say you have a whole residential building. the primary use is residential. we would consider the parking to be accessory to the primary use, so the use is housing but has parking. however the parking shall not be leased to the public, should be accessory to housing use. >> if i may add, parking within the allowed or limited amount of parking for a particular use of property. if you have a three-family dwelling in rh3, you have three parking spaces, those are accessory to those residential units and required as well, but the code allows you to rent them currently -- >> just the way we refer to parking. >> yeah. >> but where the two had -- only three parking spaces required but you are

>> aye. >> thank you, commissioner sugaya? >> aye. >> commissioner wu >> aye. >> thank you, commissioners, the motion passed unanimously, commissioner, you are now on item number 15, 2011.0277c, 2750 jackson street. >> good afternoon, commissioners, i'm mary woods from the planning department, the conditional use before you for the council is required because of the expansion and it's seeking a planned unit development because it is greater than 1/2 acre, the project proposes an existing k through 8 private school for boys, the majority of the work consists of excavation for a new multi-purpose room and a renovation of existing facilities. the project will add approximately 19 thousand square feet to the existing 55 thousand square feet for a total of 74 thousand square feet upon completion, the project requires modifications to the rear yard and parking requirements of the parking code. the sponsor is seeking a phase development in order to accommodate the academic year and fundraising for the proposed work. conditional use a

commissioner sugaya: thank you. commissioner fong: i need to call public comment. we have questions from commissioners, and that we have this one speaker card, so i will go a little bit out of order. i did call public comment? public, was close. we went to commissioner comments and questions. ok. >> [inaudible] commissioner fong: thank you. commissioners, any other questions or comments? thank you. >> ok, commissioners, thank you. that would conclude the informational presentation for item 13. you are now on item 14, case 2012.0901t, threshold for application of inclusion area affordable housing. >> i would note that to the extent that it relates to the ballot measure, the same precautionary advice i gave before the prior item would apply. you may discuss and make recommendation on this particular item, but the extent that it relates to the ballot measure, may not take a position on the ballot measure. thank you. >> good afternoon, commissioners. the item before you today is an ordinance amended the planning code to move the unit numbers threshold for application o

commissioner sugaya? >> move to approve 29th and august 16th of june 2012. >> second. >> commissioner, motion is for approval of draft minutes from your regular meetings of june 28th, august 9 and august 16, 2012. on that commissioner antonini. >> aye. >> border. >> aye. >> hill lis. >> aye. >> fong. aye. * >> thank you. that passes unanimously. any other matters? >> commissioner moore. >> there is an article which i read regarding the he and t utility boxes, which will be installed as the lawsuit failed. i would like to ask the director to give us an update how we will be dealing with 700 new utility cabinets, each six foot wide, four foot tall, two foot deep. which will be installed without any of the additional utility boxes being removed. there is an expectation they will be installed in a manner that will allow vehicle doors to open. with narrow sidewalks in many areas, i consider that an issue. also a big challenge to our magistrate's plan. i'm seing in the and instruct of knowing where these partic

. >> commissioner sugaya? >> yes. i'd like to have the department start looking at the sign ordinance. i don't think that you're saying we can't control signs because of the amendment, it's just that i know we can't control signs probably in terms of what they say or something like that, but size and placement and that kind of stuff is -- >> basically what you can control -- you can control anything that can be measured quantitatively so height and size, you can't control the visual aspects or what it say ts, in other words, there can't be any discretionary action on the design of the sign, only the hiekt and the size of the sign of this specific location that the code controls. >> this is coming up more and more, it's not just upper market, we're having potential retail activity, it's also i think as commissioner moore has pointed out in past meetings beginning to happen on market street and also on california, on the c-3 areas whereas before, it seems like companies that were in those, especially in the downtown see

commissioner sugaya, here. >> first are items considered proposed for continuous, item 1 proposed forember 20. item 2 at 2750 jackson street request for conditional use authorization is poapped for continuous to september 20, 2012. item 3, case 2012822c for 1863 post street request for conditional use authorization is proposed to continuous to october 25. your calendar states september 20. staff has advised october 25 is the new proposal date. item 4, case no. 2012.08 did 2, request for descreption review is proposed for continuance to october 25, 2012. further on your calendars, commissioner, under your regular calendar, item 13 for case 20111050dd at 2807 is being proposed to continuous for september 20 in order to allow for a settlement. and that is i have. >> president fong: is there any public comment on the items proposed for continuance? seeing none, commissioner antonini. >> commissioner antonini: move to continue items 1, 2, 3, 4 -- 1, 2, and 4 to the dates on the calendar but 3 will be to october 25, 2012. then, also, item 13 to september 20, 2012. >> second. >> president fo

. >> commissioner sugaya? >> i forget what i was going to say. >> do you want me to come back to you? >> no, i'll start off and think about it. i'm quite sympathetic to the marsh, i was a board member of women's will, so all women's shakespeare company that resided in various places around the bay area depending on where, here and there they used to live but they utilized all kind of business, i don't know if they performed at the marsh or not, and then we did have last week or the week before an issue before us involving the sun dance theatre in japan town and there's a restaurant that wanted to have live entertainment and the demising wall between the theatre and the restaurant was not a structural wall so there was issues of sound bleed into the theatre space, so i think we recently have been confronted with sound transmission issues into theatre areas. i don't know what the vote will be, i'm in favor of most of the project. i think it's too big. i think that some design changes could be made. that could le