>president cindy wu: okay. city clerk: commissioners, if i may, commissioner moore, you made the motion and you modified it and the audible to be made available to the maker. >> yes. >> i just have one issue with i think that you said it would be okay to have language about complaints and impact on the neighborhood. i agree with you. i think that one is too vague and we have a process for complaints where if any of the things that would impact them like doors being open and noise from the roof and fl were problems people would make complaint and they would go through the enforcing action. i don't agree if there are vague conditions. what does that mean? handout you -- how do you measure that. >> that sentence could be eliminated from the entire bullet. you can say that doors are not left open for unnecessary purposes and delete the next sentence and the last sentence, the h evacuate -- h nvac systems open in the building as necessary to allow for the conditions of this motion and if in necessary the system shal

>president cindy wu: commissioner johnson. >commissioner christine johnson: first of all i'm not that old. the second thing adding to the question that commissioner richards had, let's get this clarified for the next meeting or if people don't know. i thought the new formula retail legislation which there are some pieces that may come back to us that if there was not just an intensification but if there was a change of general of general change of use that the cu would have to come back to us. if hamburger mary's closed and mcdonald's wanted to come in there? >> >president cindy wu: we can ask the project attorney. >> under the circumstances true, in an if you retail formula comes in there are circumstances when you can avoid the planning commission but when you go to a new retail use that has more locations than the existing formula retail use then it's considered for indemnification and it needs to come back. that's the threshold. >> how about change of use, instead of hamburger mary's and it would want to be the gap? that w

>president cindy wu: thank you. project sponsor. >> good afternoon, on behalf of project sponsor, phillies coffee. i appreciate the staff support in the project. i won't go into everything in the comprehensive report. this location will replace the existing location. it's a tiny storefront where phil's is now and will allow to better serve the community. it's been at that location for years and has a lot of ties to the castro community and really wants it to stay but in order to do that it needs to expand into a bigger space. phil's technically a formula retail use and local ground home company. started in 2003 when phil opened the flag location at 24th and mission and grown carefully focusing it's ties with the san francisco community. approval will allow to remain in the castro community that it served for years. the project will not change the size of the building and will make small aesthetic changes to the outside. we have received multiple support letters and making a big effort to reach out support for the pr

>president cindy wu: thank you. is there any additional public comment? seeing none, public comment is closed. commissioner richards? >> >commissioner dennis richards: it's a welcome presence. it's from 6:00 a.m. to 10:00 p.m.. it's going to be great to have people going in and out of that building. i support it. >> second. city clerk: if there is nothing further commissioners there is a first and second. commissioner >commissioner michael j. antonini: >commissioner rich hillis: >commissioner christine johnson: >>commissioner kathrin moore: >commission vice-president rodney fong:, >president cindy wu:. that motion passes unanimously 7-0. >president cindy wu: i don't believe they are back yet. city clerk: we can take item 14. also conditional use authorization. 2014.1190. >> good afternoon again, the item before you is 549 castro street. the proposal is 1310 square feet tenant space occupied by coffee. the project sponsor intends to close the establishment depending upon the proposed establishment. the project includ

>president cindy wu: thank you, next speaker? >> good afternoon commissioners, joe coppell, electrical worker san francisco. i brought a prop today. not only am i excited to speak in favor of the project, but we have five members live nearby. the black x is the project site 800 indiana street and we have members living on illinois, vermont, kansas and wisconsin. luckily they were all working today and they could not be here. we would like to voice our strong support for the eir that is adequate and complete. thank you very much. >president cindy wu: thank you. >> tim allen. i live on minnesota. generally in support of it. one concern that i have is the environmental impact report lends to the project itself. what's really happening in this neighborhood is there is 8-12 construction projects plus the hospital coming online with as many as 5,000 people out a day and thousands of new people and housing units being added to that neighborhood is having a much bigger impact than this project is understood. one specific action item is t

>president cindy wu: okay. any public comment? >> public comment is closed. >> i move. >> on that motion, [calling roll] so moved. that motion passes unanimously 7-0 and places you under commission matters item no. 3, draft minutes for november 13, 2014, and november 20, 2014. >president cindy wu: is there any public comment on the draft minutes? >> public comment is closed. >> commissioner moore? >> move to approve. >> second. >> on that motion to adopt the minutes for november 13th and november 20, 2014. commissioner >commissioner michael j. antonini: >commissioner rich hillis: >commissioner christine johnson: >>commissioner kathrin moore: >commission vice-president rodney fong: that motion passes 7-0. item 4. >> i want the commission to know that i met with commissioner fong and talked about the action item list. the action item list is comprised of request that commission members may make and the secretary and will send it out on weekly basis but there were some items that we discussed that had more to do with a larger policy

>president cindy wu: >commission vice-president rodney fong: >commissioner michael j. antonini: >commissioner rich hillis: >commissioner christine johnson: moore nth >>commissioner kathrin moore:. item 1, for continuance. 2438 lake street is proposed to continuance for december 11. item 2, 1912, 20th street proposed to continuance january 15, 2015. those are all the continuances i have. >president cindy wu: okay. any public comment? >> public comment is closed. >> i move. >> on that motion, [calling roll] so moved. that motion passes unanimously 7-0 and places you under commission matters item no. 3, draft minutes for november 13, 2014, and november 20, 2014. >president cindy wu: is there any public comment on the draft minutes? >> public comment is closed. >> commissioner moore? >> move to approve. >> second. >> on that motion to adopt the minutes for november 13th and november 20, 2014. commissioner >commissioner michael j. antonini: >commissioner rich hillis: >commissioner christine johnson: >>commissi

>president cindy wu: commissioner moore. commissioners, we left under your regular calendar on item 11. this is a zoning map amendment. >> good afternoon, commissioners, diego sanchez, planning department staff. today i'm presenting an ordinance that will amend the zoning map for the use. it's part of the bay shore blvd home improvement part of that zone commercial would rezone to pdr or rh 1 as appropriate. 1600 court land address and would rezone the property to r 1g and recommends the proposal to the board of supervisors. the ordinance intends to correct a minor variance to the ordinance and you heard early ier this year and the zone -- aligns this property. the use set is permitted and promoted in the proposed pdr 1 g district and generally afterwards the light manufacturing currently enjoyed in the ipd sud. this concludes my presentation. i'm available for questions. >president cindy wu: thank you. let's open for public comment. >> sue hester. i'm here to actively support this. when we did the rezoning we created a coup

>president cindy wu: commissioner richards? >> richards >commissioner dennis richards: can you tell us what happened to 114 graph hill. >> the board held a position on that. >> president tim fry requested that i update you on the appropriateness for the mission theatre on mission street which was approved with conditions with the draft eir and will be coming to you next week but most importantly they held their cultural assets committee meeting before the regular historic heritage commission and an aid from supervisors campos regarding the legacy. if there is nothing further, we can move to general public comment. public comment:at this time, members of the public may address the board on items of interest to the public that are within the subject matter jurisdiction of the board except agenda items. with respect to agenda items, your opportunity to address the board will be afforded when the item is reached in the meeting with one exception. when the agenda item has already been reviewed in a public hearing at which members of

>president cindy wu: commissioner johnson? >commissioner christine johnson: i will keep my comments to the nexus study here with affordable housing and transportation nexus study are different and will be done in the future by different teams and different groups and they will be here later. i just want to focus on this one for now. a couple of things. the first is there was a statement made in the report which makes sense that fees could be adjusted, i know you have a maximum neighborhood by neighborhood but it makes sense to adjust them based on the neighborhood they are on in a particular area. the gross square feet calculation maybe different when you have a high rise compared to a 1 story building. what i felt was missing was some indication how you would do that and it seemed to me, i understand, i don't know that it was their place as the consultant to calculate that out but it felt to me it left it a little bit arbitrary and i don't like arbitrary things and i feel like we would have a better indication of maximum supp

>president cindy wu: commissioner moore? >> >>commissioner kathrin moore: it's easy for know hear the comments because everything we observed has it rights to be only table. what i would like to do is clarify what the public said and what is frequently done. the issue i think here is not that the project down the street is not the same developer. the issue is that the project down the street is designed by the same architect. the architect becomes the face or substitute for developer because in many cases developers are presented by their architect or in this particular case as additional go power as the lawyer who basically takes on the role of explaining the project. so having said that for clarification, i do believe that the project which has been brought forward by this particular architect and i have seen a number of them always basically result around a very similar discussion and it's not in this particular case of rear yard variance but mostly 12 pounds in a 6-pound bag. i'm going to say it very simply and what i be

>president cindy wu: commissioner fong? >> >commission vice-president rodney fong: essentially yes, you beat me to it on the same page of a continuance. i don't think you want us to redesign it for you at this hour. but just to reiterate the direction i'm hearing this commission would like to take is the removal of the third floor, the removal of the garage, two different expression of architecture separating them so it doesn't look like one large project and probably leaving the tree as possible. i know that's not ours. >> i think if the tree is deemed healthy. >> i don't think there could be a project with the tree, given the location of the tree. it pretty closes to the property line and i don't know how the building can be designed with the tree. i think it would be with the outcome of that with the hearing and appealed to the board of appeals >president cindy wu: i think i heard commissioner richards say to explore the desirability of the garbage. commissioner >commissioner michael j. antonini: >> i agree with commissi

>president cindy wu: commissioner moore? >> >>commissioner kathrin moore: it's easy for know hear the comments because everything we observed has it rights to be only table. what i would like to do is clarify what the public said and what is frequently done. the issue i think here is not that the project down the street is not the same developer. the issue is that the project down the street is

>president cindy wu: thank you. dr requesters, you have 15 minutes. >> good afternoon, commissioners, my name is chris parks, a resident of 231, 8th street. i'm on the application for the dr request, however you needed a name on the request, i would say there is a lot of different name that could be on that dr request. i first became aware of the project later than some of the neighbors. my first exposure to it i would say at the variance hearing in august. i would say that i'm requesting particularly is to deny the variance request. i think they will have a big impact on the project in terms of what it has. i went to the variance request hearing. it was continued. the way the timelines work, i was forced to file a discretionary review request without actually knowing what the outcome of the variance request was going to be and there are three projects. so, dr request for filed on all three. you will find the issues are very similar for all three projects and that there is a lot of repetition in those packets and i

>president cindy wu: next speaker? >> good afternoon, commissioners, my name is gary wise from the neighborhood and neighborhood district of the land use committee. the proposed development at 22 and 24 ord court is six is doors outside of the boundaries but still of great concern as we've seen these become to huge concrete homes. we do not support the element, we support densities. what we are almost opposed to is sacrificing the rear yard open space for over development. this is a massive project. i urge you to listen to the neighbors concerns. the two additional units gained come at an enormous cost in the form of open space. at the planning and land use committee we support the neighbors er. thank you. >president cindy wu: next speaker? >> good evening, commissioners. my name is henry eisner, i live at 51 state street. i object to this development for several reasons. the scale of the project is excessive for it's location, the timing is exceptionally poor given the blockage currently on state street by another pro

>president cindy wu: commissioner johnson? >> >commissioner christine johnson: yes, i have a couple of questions. as a bicycle commuter 80 percent of the time and i go between on second street between market and king street all the time. that's how i get from mission bay to any other part of the city unless i'm going up here then i go up 7th. i was a little bit confused coming into today about how to prepare questions or comments that might be helpful to you all. there are no materials presented to us so i didn't know if this was kind of like when we looked at the embarcadero plan in terms of schematics and hey there is going to be an eir and i apologize if there will be another planning meeting and i will comment for the future when you come back. my first general comment and all of this comes from i'm a pedestrian along second street, i walk, i bike every other day at least if not everyday when i'm bike commuting and just a couple of things. the first is i really encourage the mta to marry their creativity for how to get mun

no danny wu. but anxiety? oh, yes. >> you didn't leave garages unlocked.ars -- >> you do, you feel kinda like there's a serial killer in town! >> reporter: and then? a call from the local convention center. two catering company employees told the dispatcher they'd gone in through a side door to the kitchen. >> and here sits this person who they readily recognized as this danny wu that we had disseminated the images of, and he was sitting there drinking a coke. and he basically picked up his stuff and disappeared into the facility. >> so, he's in the building somewhere. it's a big building. >> it's a big building! >> reporter: within minutes, the police surrounded the convention center. a search dog trained to bite joined in. they set up a command post outside one of the center's windows. >> the dog's just woof, woof, woofin' at the door. and the oregon state trooper behind us says, "i can see a leg hanging out of the ceiling." and there was this. >> looking through a window? >> i take about two steps back from where i'm standing and i can see it. so, i giv

>president cindy wu: next speaker. david aguilar. >> hello, i'm nicholas crawford, board certified with the -- company. i just wanted to provide a quick insight to the status of the two monterey cypress trees and state street side of the property. the tree removal applied for and staff level it was approved and because of the neighborhood protest triggered a hearing last week on monday. i just want to share that based on my own experience it's unclear whether those trees already set for removal. they are not dead or diseased which would be a pretty clear decision. when there is significant neighborhood opposition to removal of trees. i think it could go either way with the tree and that's taken into consideration as part of this whole project. >> thank you, next speaker? >> good afternoon commissioners, thank you very much. my name is rick goldman and i live at 230 state street, across the street from the proposed project. i thank you for your time. we have lived in san francisco as where the owner of the property does