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>> aye. >> commissioner sugaya? >> aye. >> and commission chair wu? >> so moved, commissioners, that motion passes unanimously 6 to 0 and places you under commission matters, item 4, consideration of adoption minutes for june 6, 2013. >> any public comment on the draft minutes? seeing none, public comment is closed. commissioner borden. >> move to approve draft minutes from june 6. >> second. >> on that motion to approve draft minutes for june 6, 2013, commissioner antonini? >> aye. >> commissioner borden? >> aye. >> commissioner hillis? >> aye. >> commissioner moore? >> aye. >> commissioner sugaya? >> aye. >> and commission chair wu? >> aye. >> so moved, commissioners, that motion passes unanimously 6 to 0 and places you under item 5, consideration of adoption, an amended 2013 planning commission hearing schedule. commissioners, this comes before you because as it turns out, next week there are no items on calendar. and also maybe more significantly for you to consider september 5th and december 5th. september 5th turns out to be rash ha shana, and d
>> aye. >> commissioner sugaya? >> aye. >> and commission chair wu? >> so moved, commissioners, that motion passes unanimously 6 to 0 and places you under commission matters, item 4, consideration of adoption minutes for june 6, 2013. >> any public comment on the draft minutes? seeing none, public comment is closed. commissioner borden. >> move to approve draft minutes from june 6. >> second. >> on that motion to approve draft minutes for...
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. >> commissioner sugaya? >> the other issue for me is that if this is another formula retail right on the corner across from the safeway shopping center and i think that coal foods is being built across the street and all of a sudden we are going to have this concentration right in the area where we are trying to say that we don't want the concentration and i think that we did talk about whether it might not be good to have all of the formula retail all in one place at one point in our deliberations over starbucks and cvs and that did not seem like a very good policy to follow. and i think that the only way that you have to go down to south of market towards the ballpark and all of the new developments there. to see what formula retail and the neighborhood is all about. it is pretty deadly for me. and if you look at a lot of the smaller businesses, they are in all older buildings, that may not bode well for the new development along market, i hope that changes. but to have one formula retail after another on
. >> commissioner sugaya? >> the other issue for me is that if this is another formula retail right on the corner across from the safeway shopping center and i think that coal foods is being built across the street and all of a sudden we are going to have this concentration right in the area where we are trying to say that we don't want the concentration and i think that we did talk about whether it might not be good to have all of the formula retail all in one place at one point in...
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Jun 21, 2013
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commissioner sugaya? >> yes, i have a question. the staff cited increases in both the over concentration, which is over 20 percent going from 21.9 to 22. which we all can say is maybe miniscule, however it is an increase and it is above 20 percent and the other one it is 38 to 39 percent a little bit more at one percent increase. but 39 percent is 14 percent above the concentration limits. so, i can't understand how the recommendation is being made in the face of exceeding both criteria. and to make the argument that it has been vacant is the same argument that we got for the last one which we just denied. so it does not seem like a very plausable argument to presenting this case on that, or using that argument, whereas, in the other case, in essence we did not care. so, i can't support this motion. >> commissioner antonini? >> i had some of the same thoughts here when i read the considerations and i, you know, generally, i am more supportive of being probusiness and allowing this landlord and the establishment to go into here. and
commissioner sugaya? >> yes, i have a question. the staff cited increases in both the over concentration, which is over 20 percent going from 21.9 to 22. which we all can say is maybe miniscule, however it is an increase and it is above 20 percent and the other one it is 38 to 39 percent a little bit more at one percent increase. but 39 percent is 14 percent above the concentration limits. so, i can't understand how the recommendation is being made in the face of exceeding both criteria....
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. >> commissioner sugaya. >> yes, just one small observation. there was mention of not having a deck on the corbett side. i think it's -- the plan on the upper floor, the fourth floor, makes it virtually impossible to access a deck. there is a down stairway on one side, the north side. there is another stairway coming past the middle of the facade that goes up to the roof. and then the rest of it is a master bathroom that has both a shower and the tub on the wall that would face the flat roof area. so, i think given the present design, it's almost impossible to punch a door through there, so. >> call the question. >> okay. thank you, commissioners. in this casey did miss the motion. >> i didn't really make the motion. >> i'm sorry, go ahead. >> i can make a motion to not take d-r and approve. >> second. >> okay, commissioners, on the motion to not take d-r and to approve the project, commissioner antonini? >> aye. >> commissioner borden? >> aye. >> commissioner hillis? >> aye. >> commissioner moore? >> aye. >> commissioner sugaya? >> aye. >> com
. >> commissioner sugaya. >> yes, just one small observation. there was mention of not having a deck on the corbett side. i think it's -- the plan on the upper floor, the fourth floor, makes it virtually impossible to access a deck. there is a down stairway on one side, the north side. there is another stairway coming past the middle of the facade that goes up to the roof. and then the rest of it is a master bathroom that has both a shower and the tub on the wall that would face the...
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commissioner sugaya. >> i want to do a quick follow-up. along that line, do you have to buy gas in order to get a car wash? >> you do not, but most people [speaker not understood] the pricing. >> commissioner moore. >> since we are adjacent to a residential neighborhood which is actually close by, i would say the car wash hours should be restricted to 9:00 p.m. the machine goes on and off, the machine does not run constantly. the machine goes on when the car pulls over that threshold where you turnoff your motor and you put your car. the acceleration of noise from zero to something is actually quite noticeable. and i could have pair that to a similar situation actually in sausalito. [speaker not understood]. there is a driveway separating the residential from the car wash itself. and i also find the kicking in of the whole motor annoying. and i can see that, which is really a quiet residential area given it's nice traffic calms down on lincoln road. there is more ambient quietness right at the edge of this residential. the reason i'm sayin
commissioner sugaya. >> i want to do a quick follow-up. along that line, do you have to buy gas in order to get a car wash? >> you do not, but most people [speaker not understood] the pricing. >> commissioner moore. >> since we are adjacent to a residential neighborhood which is actually close by, i would say the car wash hours should be restricted to 9:00 p.m. the machine goes on and off, the machine does not run constantly. the machine goes on when the car pulls over...
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Jun 7, 2013
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. >> commissioner sugaya. >> why is it not possible to push out to the back, except for the deck and the gazebo thingy? there's no architectural reason you couldn't go out to the back. >>> [speaker not understood]. >> sure. >>> of course, it's possible to the back. it causes numerous problems. as i said before, extensively develop the rear yard already. you can see the photos of the rear yard and the packet. so, he would have to sacrifice rear yard space. that was the main reason. now, if we tried to put a extension behind the house, then there's issues with the other bedrooms that you're covering up. they have to have egress window. they have to have required light and ventilation which are difficult to get from the side and it would just make it architecturally a very difficult sacrifice, the quality of space in the other rooms below. so -- >> thank you. commissioner antonini. >> yeah. the other question, the other thing that came up, i think, what do we have, 25 foot frontage? what's the frontage on this house? hyde is this house? -- how wide is this house? >> i believe it's -- it
. >> commissioner sugaya. >> why is it not possible to push out to the back, except for the deck and the gazebo thingy? there's no architectural reason you couldn't go out to the back. >>> [speaker not understood]. >> sure. >>> of course, it's possible to the back. it causes numerous problems. as i said before, extensively develop the rear yard already. you can see the photos of the rear yard and the packet. so, he would have to sacrifice rear yard space....
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Jun 24, 2013
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>> let's hear. >> i have another issue. >> commissioner sugaya? >> i have a question for the staff, when drs are filed, the staff routinely suggests trying to work it out? or is that not something that the staff does? >> we routinely recommend that dr filers project sponsors communicate before they have to filed the discretionary review, if they reach some type of a mutual agreement and they withdraw the dr, plans will be submitted and it will be signed on, which is what mr. wang did in this scenario. in the future if a new plan is submitted we will review it and unless the recommendation were to come from this commission based on the actual dr that was held, a hearing, where the commission gaves specifics, we will always honor those and bring those back to the commission, with any future you know recommendation on any future dr that may occur on that property. >> okay. so on item 16 a, and 16 b at 68 procedio avenue which was a request for discretionary review which was withdrawn today. for whatever reason, if there was an agreement between the t
>> let's hear. >> i have another issue. >> commissioner sugaya? >> i have a question for the staff, when drs are filed, the staff routinely suggests trying to work it out? or is that not something that the staff does? >> we routinely recommend that dr filers project sponsors communicate before they have to filed the discretionary review, if they reach some type of a mutual agreement and they withdraw the dr, plans will be submitted and it will be signed on, which...
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Jun 22, 2013
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. >> commissioner sugaya. yes, on transit times and speeds and comparisons between cities, the numbers you gave out i assume are aggregate all of the different forms of transit that exist in the cities; is that right? we're counting subways and buses and whatever else. is this a break out between the different modes and the comparison -- i don't even know if that's fair. >> so, the numbers i gave were the surface transit -- the surface transit average speed. so, some of those do include different modes. it's not just bus, but it is all transit surface, like the subway was included. >> oh, all right. so, there is a more fair comparison, then, between. and this is kind of a funny question, but you're familiar with pay by phone? >> excuse me? >> pay by phone? >> pay by phone? >> where you -- i have it on my phone. >> yeah. >> and you can pay your parking meter with it. >> right. >> now, have you seen any information about the effectiveness of that or its success with respect to encouraging more driving in the cit
. >> commissioner sugaya. yes, on transit times and speeds and comparisons between cities, the numbers you gave out i assume are aggregate all of the different forms of transit that exist in the cities; is that right? we're counting subways and buses and whatever else. is this a break out between the different modes and the comparison -- i don't even know if that's fair. >> so, the numbers i gave were the surface transit -- the surface transit average speed. so, some of those do...
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Jun 24, 2013
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commissioner sugaya. >> yes. within that context, then, would nonprofits be allowed on the first floor in the first place if they are under 4,000 square feet? i don't know what the base zoning allows or doesn't -- >> in terms of nonprofit there is nothing in the planning code that would prohibit a nonprofit on the ground. there would have to be an active use that would meet the relevant requirements of the planning code. i believe the proposal they have now would have an active use on -- >> i don't care about the actual building, but in terms of the district itself, nonprofits are allowed, aretionv on the? ~ aren't? >> a nonprofit is just your status, you know, in the eyes of the irs. you could have a nonprofit retail store technically. function as a retail use. just because it's nonprofit doesn't mean that it's office use. i believe they will have walk-in functions when they offer medical services as well. it's been described. so, they're a neighborhood-serving retail or active uses that are also -- could be non
commissioner sugaya. >> yes. within that context, then, would nonprofits be allowed on the first floor in the first place if they are under 4,000 square feet? i don't know what the base zoning allows or doesn't -- >> in terms of nonprofit there is nothing in the planning code that would prohibit a nonprofit on the ground. there would have to be an active use that would meet the relevant requirements of the planning code. i believe the proposal they have now would have an active use...
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Jun 22, 2013
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>> aye. >> commissioner sugaya? >> aye. >> commissioner wu? >> aye. >> and commission president fong in >> aye. >> commissioners, that motion passes 7 po 0 unanimously. >> on the variance close the public hearing as well as commissioner sugaya's concerns about the project, i would be inclined to grant your requested variance and there is no way to have any commercial lease orthctionv property without granting a variance. with no subsidy letter appealable of the board of appeals within 10 days of the issuance of the [speaker not understood]. contact mr. beale. thank you. >> commissioners, next on your calendar is item 14 for case no. 2012.1356c - 2100 market street, request for conditional use authorization. >> good afternoon, president fong, and members of the commission. [speaker not understood] planning department staff. before you is a request for conditional use authorization to establish a formula retail restaurant with an outdoor activity area doing business as chipotle 2100 market street, on the corner of market and church street and wi
>> aye. >> commissioner sugaya? >> aye. >> commissioner wu? >> aye. >> and commission president fong in >> aye. >> commissioners, that motion passes 7 po 0 unanimously. >> on the variance close the public hearing as well as commissioner sugaya's concerns about the project, i would be inclined to grant your requested variance and there is no way to have any commercial lease orthctionv property without granting a variance. with no subsidy...
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Jun 24, 2013
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. >> commissioner sugaya? >> aye. >> commissioner wu? >> aye. >> and commission president fong? >> aye. >> so moved, commissioners, that motion passes unanimously 7 to zero and places you on items 13 a and b for case numbers 2011.0099c and v - 1759 lincoln way. request for conditional use authorization and variance. >> good afternoon, commissioner president fong and fellow commissioners. doug vu, department staff. the request is for [speaker not understood] to demolish building at the shell gas station located at 17 59 lincoln way and construct a new [speaker not understood] convenience store and 1327 square foot mechanical car wash. the proposed car wash encroaches up to 45 feet into the required rear yard and would require the approval of the variance. no work is proposed for the
. >> commissioner sugaya? >> aye. >> commissioner wu? >> aye. >> and commission president fong? >> aye. >> so moved, commissioners, that motion passes unanimously 7 to zero and places you on items 13 a and b for case numbers 2011.0099c and v - 1759 lincoln way. request for conditional use authorization and variance. >> good afternoon, commissioner president fong and fellow commissioners. doug vu, department staff. the request is for [speaker not...
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>> no. >> commissioner sugaya? >> aye. >> commissioner wu? is absent. is commissioner fong? >> aye. >> okay, that motion passes with 6 yes and 1 no -- sorry, 5 yes, 1 no, and one absent. and that, commissioners, is the last item on your regular calendar. we'll now move into general public comment which happens at the end of every planning commission hearing. at this 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 for agenda items. >> is there any general public comment this evening? >> i have noed cards. >> okay. seeing none, the meeting is jour. adjourned. [adjourned] >> call to order this meeting, on june fourth, would you like to cal roll? >> director brinkman? >> present. >> heineke is expected. ed >> ramos fp >> present. >> rubke >> director. privileges and nolan will be not at this meeting you do have a quorum. >>
>> no. >> commissioner sugaya? >> aye. >> commissioner wu? is absent. is commissioner fong? >> aye. >> okay, that motion passes with 6 yes and 1 no -- sorry, 5 yes, 1 no, and one absent. and that, commissioners, is the last item on your regular calendar. we'll now move into general public comment which happens at the end of every planning commission hearing. at this time members of the public may address the commission on items of interest to the public that...
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commissioner sugaya. >> yes, it's a great comment, mr. junius. i think the whole purpose is to try to get rid of land use attorneys. [laughter] >> commissioner borden. >> yeah, i know we're not taking action on this today, but i'm fully enthusiastic. there are many people that come on the commission and ask if there is something i can do with the corridor [speaker not understood]. i look at the chart and ask scott and apparently i didn't. it is very confusing. for more transparency for the general public, it makes a lot of sense to be able to look at one chart, figure out the zoning and know the code and not have the confusion that exists today. these were on our website. people could clearly see uses. i think that would also be very helpful as well. >> commissioner moore. >> i shared the enthusiasm and also want to tag onto mr. williams' [speaker not understood] it is time to
commissioner sugaya. >> yes, it's a great comment, mr. junius. i think the whole purpose is to try to get rid of land use attorneys. [laughter] >> commissioner borden. >> yeah, i know we're not taking action on this today, but i'm fully enthusiastic. there are many people that come on the commission and ask if there is something i can do with the corridor [speaker not understood]. i look at the chart and ask scott and apparently i didn't. it is very confusing. for more...
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>> no. >> commissioner sugaya? >> aye. >> commissioner wu? is absent. is commissioner fong? >> aye. >> okay, that motion passes with 6 yes and 1 no -- sorry, 5 yes, 1 no, and one absent. and that, commissioners, is the last item on your regular calendar. we'll now move into general public comment which happens at the end of every planning commission hearing. at this 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 for agenda items. >> is there any general public comment this evening? >> i have noed cards. >> okay. seeing none, the meeting is jour. adjourned. [adjourned] come and experience lafayette park and enjoy the people, picnic and sunshine. this is a lovely place to take an afternoon stroll with your loved one hand in hand. located at got and sacramento street in the middle of pacific heights on top of the city's steep rolling hills, lafayette park offers a great place, peaceful beauty. comfortably spaced tables and benches, a playground, rest rooms and tips
>> no. >> commissioner sugaya? >> aye. >> commissioner wu? is absent. is commissioner fong? >> aye. >> okay, that motion passes with 6 yes and 1 no -- sorry, 5 yes, 1 no, and one absent. and that, commissioners, is the last item on your regular calendar. we'll now move into general public comment which happens at the end of every planning commission hearing. at this time members of the public may address the commission on items of interest to the public that...
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Jun 22, 2013
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and but, the commissioner sugaya brought it up and, i don't think that this whole transit issue makes any difference because clement street is impossible to park on and i think that if there is anybody from the other outside the neighborhood that is coming, to visit this place, it is going to be a challenge. and so i think that is something that we should consider, although as i said i am always in favor of businesses where there seems to be a possibility of filling a vacantcy and it seems to bring a lot of good things in and even though it might increase, the concentration a little bit, i'm willing to overlook that. >> commissioner borden? >> i feel the same way there is not an over concentration of sushi restaurants in that area and just having set that through the gentleman's presentation where 70 percent of americans make their decisions for what to eat for dinner after 4:00 p.m. and for their research that vital streets should have a balance of 60 to 65 pepser percent of eating and drinking establishments that is what they found when they looked through all of the streets i feel
and but, the commissioner sugaya brought it up and, i don't think that this whole transit issue makes any difference because clement street is impossible to park on and i think that if there is anybody from the other outside the neighborhood that is coming, to visit this place, it is going to be a challenge. and so i think that is something that we should consider, although as i said i am always in favor of businesses where there seems to be a possibility of filling a vacantcy and it seems to...
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Jun 22, 2013
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. ~ see >> commissioner sugaya. >> there is an article in the paper called third on third and i think in the bayview they're frying to start up an arts walk on the third thursday or friday. ~ trying anyway, to kind of emulate the first fridays in oakland, which i thought was interesting. also, there was a piece in the business times about a brew pub or something of that nature wanting to open up on 65 taylor street. i don't know if that's come to the department yet, but i think the idea is that they want to sell like 155,000 different kinds of beer and to take advantage of the mid-market change that's been going on. 65 taylor is right at taylor and turk, which i remember very well, in the case that involves a relocation of a grocery store and also the relocation of a liquor -- beer and wine sales in that new location which we denied. and there was a tremendous community concern about selling alcohol, not only to take out, but also to consume, i believe, in that area. and, so, it's just an alert to the department that i think it needs a conditional use permit from the commission. i'm n
. ~ see >> commissioner sugaya. >> there is an article in the paper called third on third and i think in the bayview they're frying to start up an arts walk on the third thursday or friday. ~ trying anyway, to kind of emulate the first fridays in oakland, which i thought was interesting. also, there was a piece in the business times about a brew pub or something of that nature wanting to open up on 65 taylor street. i don't know if that's come to the department yet, but i think the...
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>> aye. >> commissioner sugaya. >> aye. >> commissioner wu. >> aye. >> commissioner fong? >> regrettably aye. >> and that motion passes. >> next item, please. >> commissioners, we'll be moving on to item number 16. this is case no. 2012.1131dd, 861 corbett avenue. this is a request for discretionary review. and as such, we will have a slightly different comment procedure during this hearing. there will be first a presentation from staff. following that there will be a five-minute presentation by the d-r requestor, and then public testimony for those who would support the d-r requestor. after that time there will be an opportunity for the project sponsor to have five minutes, and then public comment in support of the project sponsor for three minutes per person. we'll start with the staff presentation. >> good afternoon, president fong and commissioners. i'm rick crawford of department staff. this project would construct vertical and horizontal additions to add a second dwelling unit to the existing single-family dwelling. the new front wall of the building will be at the a
>> aye. >> commissioner sugaya. >> aye. >> commissioner wu. >> aye. >> commissioner fong? >> regrettably aye. >> and that motion passes. >> next item, please. >> commissioners, we'll be moving on to item number 16. this is case no. 2012.1131dd, 861 corbett avenue. this is a request for discretionary review. and as such, we will have a slightly different comment procedure during this hearing. there will be first a presentation from...
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Jun 22, 2013
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commissioners antonini and sugaya voting against. >> and commissioners, the last item on your agenda is public comment and i have no speaker cards. >> general public comment? >> seeing none, the meeting is adjourned. push . >> golden gate parks largest body of water ska great labor for scrolling and picnicking and both miking which can both be rented at the boat house and the lakewood design for leisure boatings and carriages and a treasure trove passing hunting ton water falls two bridges connect the strawberry island and inclient to the hills the highest upon the in golden gate park and more than free hundred feet and you can catch glimpses will from the city at the top of a romantic look out and for >> meeting of the mta and board of directors and the parking authority commission. >> brinkman >> present. >> heinieke is anticipated. >> lee? >> present. >> director nolan >> present. >> ramos. >> present. >> rubke. >> present. >> rubke, present. >> pr chairman and directors you have a quorum. be advised that use of sound producing devices are prohibited at the meeting any person resp
commissioners antonini and sugaya voting against. >> and commissioners, the last item on your agenda is public comment and i have no speaker cards. >> general public comment? >> seeing none, the meeting is adjourned. push . >> golden gate parks largest body of water ska great labor for scrolling and picnicking and both miking which can both be rented at the boat house and the lakewood design for leisure boatings and carriages and a treasure trove passing hunting ton...
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Jun 7, 2013
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. >> commissioner sugaya. >> why is it not possible to push out to the back, except for the deck and the gazebo thingy? there's no architectural reason you couldn't go out to the back. >>> [speaker not understood]. >> sure. >>> of course, it's possible to the back. it causes numerous problems. as i said before, extensively develop the rear yard already. you can see the photos of the rear yard and the packet. so, he would have to sacrifice rear yard space. that was the main reason. now, if we tried to put a extension behind the house, then there's issues with the other bedrooms that you're c
. >> commissioner sugaya. >> why is it not possible to push out to the back, except for the deck and the gazebo thingy? there's no architectural reason you couldn't go out to the back. >>> [speaker not understood]. >> sure. >>> of course, it's possible to the back. it causes numerous problems. as i said before, extensively develop the rear yard already. you can see the photos of the rear yard and the packet. so, he would have to sacrifice rear yard space....
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Jun 24, 2013
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. >> and commissioner sugaya? >> here. >> commissioner fong is expected to join us late. first up, commissioners, are items proposed for continuance. items 1a and b for case nos. 2011.0430e and x - 480 potrero avenue, appeal of a preliminary mitigated negative declaration and request for large project authorization are proposed for continuance to july 18, 2013. i have no other items proposed for continuance and i have no speaker cards. >> is there any public comment on items proposed for continuance? seeing none, public comment is closed. commissioner antonini. >> move to continue items 1a and 1b to july 18th. >> second. >> commissioner borden. >> i'm confused. i thought this was the one that we continued last week to the 11th. >> right. >> oh, i see. thanks for clarifying.
. >> and commissioner sugaya? >> here. >> commissioner fong is expected to join us late. first up, commissioners, are items proposed for continuance. items 1a and b for case nos. 2011.0430e and x - 480 potrero avenue, appeal of a preliminary mitigated negative declaration and request for large project authorization are proposed for continuance to july 18, 2013. i have no other items proposed for continuance and i have no speaker cards. >> is there any public comment on...
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Jun 22, 2013
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. >> commissioner sugaya. >> yes, commissioner hillis mentioning the small lots and protecting potential merging of these lots. in the plan on page 7, those particular blocks where this condition exists are outlined, but it's also interesting that at the same time we're trying to protect assets, the bottom two charts show those very assets being in the area's high potential growth. so, there's an inherent conflict already in the plan, if you ask me. so, that should be something i think that people should be concerned about. also, it wasn't mentioned yet, but i've mentioned it previously and that is the whole issue of pdr, sli and i think it's called the western soma sli and the zoning that exists to protect small businesses and commercial establishments and production and, you know, all of the thing that the city at one time thought were priority areas especially in the eastern neighborhoods plan. i know the language that's being used is that the eastern neighborhoods plan didn't really protect these particular blocks of pdr uses because it kind of kicked the decision off into the centra
. >> commissioner sugaya. >> yes, commissioner hillis mentioning the small lots and protecting potential merging of these lots. in the plan on page 7, those particular blocks where this condition exists are outlined, but it's also interesting that at the same time we're trying to protect assets, the bottom two charts show those very assets being in the area's high potential growth. so, there's an inherent conflict already in the plan, if you ask me. so, that should be something i...
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Jun 21, 2013
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and so, i basically want to take issue in the interpretation of commissioner sugaya and more trend towards what commissioner hillis understands we cause and interpret and so i am more in support and more support of your motion while to have taking the dr and modifying the project and look at the plans and see a lot of what we can agree on and what guidance we want to give the project when we are out. >> commissioner borden. >> i think that what the struggle is for us, i feel terrible that this agreement was not lifed up to and that the neighborhood felt like they had agreed to something and now sponsor is in a different direction, it is our policy whether it is ccnrs or deeds or other sorts of easements or other private agreements that is not our jurisdiction because that is not our jurisdiction and we do not have binding capability there and i think that while we may end up changing this project, you are taking the dr, and the past agreement can't be the binding reason because it does set a precedent that is not in line of what our policies have been and how we have acted as a commission,
and so, i basically want to take issue in the interpretation of commissioner sugaya and more trend towards what commissioner hillis understands we cause and interpret and so i am more in support and more support of your motion while to have taking the dr and modifying the project and look at the plans and see a lot of what we can agree on and what guidance we want to give the project when we are out. >> commissioner borden. >> i think that what the struggle is for us, i feel...