And then all of a sudden something rolls over us and everything that we did actually was more not because now theres some new mandate out of sacramento. We spent weeks years, on the market octavia plan. We designed it, 45 feet in the middle of the block, 55 feet at the end of the block. Got 85 feet in the middle of the block now. These are the kinds of things im talking about. We got to be careful. Thats all im saying. Thank you. Let me just add one more thing. And that is what was beautiful about the victory we just had at the polls of proposition e with proposition a is that we were able to convince the voters that there was this relationship between density and funding. And i think that thats key to the conversation we had about racial equity, because it wasnt just zoning that created our inequalities and Racial Disparities in america. It was the combination of zoning and money and availability of capital. So the way i see it, what has happened in the mission and soma and increasingly happening in the bayview is that we have up zoned. And weve up zoned poor communities where the people who have access to capital to capture the value of that up zoning into a development is not the communities that live there. So, you know when we look at the availability of financing for latinos, africanamericans we still today see a big disparity about who can get a mortgage and who cannot. So to me up zoning without access to capital for building will exacerbate those existing patterns of residential segregation. So to be able to plan, to have data, to have goals so that we can work with our state and local officials to be able to put our money where our mouth is and be able to capture that value for folks who we want to live here, who have been here, who have built this city, to me is key. Thank you. Commissioner richards. Thats exactly what i was trying to say on the social equity part. You put it better than i did. Thanks. Thank you. So this is not an action item. This is not an action item. Thank you commissioners. Commissioners, you are now on item 15a and b for Design Guidelines and informational presentation, followed by the case number 2018003800cwp for the calle 24 special area Design Guidelines. This is for your adoption. Good afternoon. Maya small Planning Department staff. Before calle 24s Design Guidelines, i want to give context about what you are to see today but mostly about what you are to see in coming hearings. We have a set of Design Guidelines and we wanted to make sure to highlight those so you are aware they are coming. There will be in subsequent hearing both informational and adoption proposal. So first to give the context on Design Guidelines themselves and a little bit of a reminder and context for the special area ones Design Guidelines are implementation documents for city design policies and objectives. They partner with planning code to shape and development. They consist of general principles of Design Excellence and neighborhood compatibility to improve the way new projects will look and work. They do not change height zoning uses tenants parking Affordable Housing requirements. And this is very much in line with what we went through in the process of developing the urban Design Guidelines in work working with a variety of neighborhood groups for that process and establishing base guidelines. The two primary base guidelines are residential Design Guidelines which are in the r district and we have the urban Design Guidelines and neighborhood commercial, downtown commercial and mixed use districts, exempting the historic discriminates. And because we know that a lot of our neighborhood commercial areas and some of the other parts of the city have unique qualities and weve been speaking with those Community Groups for a long time we developed a compatible system of special area or special topic Design Guidelines that essentially sit above those guidelines and help refine and demonstrate specificities, ways of looking at how projects can be much more identifyable with their neighborhood. So special area or special topic Design Guidelines are additional, more detailed and specific guidance by project or type. They work on top of the citys base design guideline it is. These are more honed to help neighborhoods design values. We have some other ones that are coming forward. So today we have calle 24 the special area Design Guidelines that came from the calle 24sud process and out of map 2020. Coming forward another project you saw back in january and a joint hearing with the Historic Preservation commission coming forward for adoption is a retained element special topic Design Guidelines. So we returned to the Preservation Commission so you will have some information out of that hearing in terms of their feedback. So that will be coming for adoption on the fifth of december. And then the third one is the japantown special area Design Guidelines which comes from a process that happened quite a while ago which was the strategies that came out of it. One was to develop Design Guidelines. We worked in 2014 to begin a draft of those. And we had a lot of detailed conversations. And that was put on hold to finish the urban Design Guidelines. And they were patiently waiting for those to be completed. So we have revised those and continued those. And we are doing a bit of a quick process in a couple Public Meetings to see if we can complete those prior to the end of the year, given sb330 the legislation thats coming up. So we wanted to make the public and commission aware and because you have not seen those Design Guidelines yet they will be coming for an informational on december 5. We are having a Public Meeting tonight in japantown and well be having another one on december 3. So we recognize this is it feels like its more hurried but its a continuation of something that had just gone quite a while ago. So that will be coming for adoption on december 19 the last hearing of the year. With that i will hand it over to you. Thank you. Good afternoon commissioners. John francis with department Citywide Planning Division and project manager for the calle 24 special area Design Guidelines effort. As maya indicated we are here to present the Design Guidelines and resolution adopting them for your consideration. Ill provide a brief overview of the purpose of the special area Design Guidelines and describe our Community Engagement process. My colleague trent will highlight a few of the guidelines from the document and my other colleague will wrap up our presentation by describing the equity assessment that staff developed to evaluate the anticipated equity impact of the guidelines. So in addition to the general purposes behind special area Design Guidelines the calle guidelines are being developed to help them preserve their characteristics in art and design to recognize the districts latino Cultural Heritage and foster its representation in the built environment. And to support existing city policy as i will discuss further in a few moments. As proposed the guidelines would apply to neighborhood commercial and neighborhood commercial transit dictates as shown outlined in pink in this map. They are roughly bounded by the khai calle 24 guidelines. It is to ensure the guidelines apply consistently within the same zoning district. I would note the guidelines do not apply to the residentially zoned r districts within the sud. So generally speaking guidelines are applied to new construction, exterior Building Renovations and address topics like signage and public art. We also want to be clear about the limitations of Design Guidelines and note they do not change, i tell you what, height limits, at tenancy, traffic parking standards. The Design Guidelines have their origins and are intended to support prior city policy and legislation. For example the calle 24 cultural district and calle 24 special use district were adopted to recognize the unique contributions of the Latino Community in the mission and to support the Economic Vitality of the latino cultural district. In fact equity calls for the adoption of Design Guidelines to support these calls. The plan 2020 which is being implemented by the Planning Department in coordination with the committee and other city agencies dovetails these efforts. Lastly the guidelines are intended to support Economic Development strategies for the latino cultural district being spearheaded by the office of Economic Development and workforce development. Over the last year, the planning and staff have engaged in ongoing discussions with members of the community to hear directly from them about the values and aspirations for calle 24 broadway and the Design Guidelines specifically. We competed a working group of 11 members representing a Broad Spectrum of stakeholders who served as advisers to us. They provided input on the guidelines as well as on the Community Engagement process. We hosted two Community Workshops in june and october of this year to solicit ideas for the guidelines and feedback on the draft guideline document itself. All the workshops were available in spanish. And Spanish Language interpretation was available at both. I would like to note the Planning Department plans to translate the guidelines in spanish to make them accessible to as wide an audience as possible. We gave an informal presentation to this body and the public back in july. So with that context ill have my colleague trent walk you through highlights from the guidelines document. Commissioners if i could interrupt very quickly and introduce you to our next two speakers who you have not seen at the commission before who are members of the planning staff. Trent is a california licensed architect and planner with 20 years of experience. He studied architecture at the university of miami and received his masters in urban design from uc berkeley. Before joining San Francisco he had a practice in oakland and focused on working with cities to improve their downtown. For the Planning Department he is a member of the urban Design Assistance Team and rdat teams that focuses on developing Design Guidelines. Youll hear from louise an architect from brazil, he attended the university in brazil and received his mast of urban design from berkeley. He worked in the bay area for private firms and before joining the department. His colleagues, he is part of the City Design Group the rdat and udat teams and works on the racial and social equity team. So we welcome both of you to the commission. Thank you and welcome trent and luis. Before i let you speak, secretary, would it be possible to request that we turn the airconditioning down a little bit . Its freezing. [laughter] it is possible and i have made that request. Ive been notified that the system works only when it wants to. [laughter] thank you. Sorry, folks. We are all feeling it up here. Okay. Trent, im sorry. Come on up. Thanks for that introduction john. And good afternoon commissioners. Im trent greenen a staff architect. Im going to walk you through a few of the key Design Guidelines from the calle 24 design guideline document. Starting the project we worked closely with the community to determine what were the special features that make calle 24 so special as well as what concerns do they have moving forward. So you can see some of the comments they had was the color, the vie bran vibrantsy, Outdoor Dining, special events, mom and pop shops, diversity and layering of elements including the storefronts and the signage. At the same time they were concerned about losing local artwork having architecture that comes in that feels very out of place with the community as well as losing trees and open space. So the guidelines are divided into three main categories site design, architecture and public realm. These track with other recentlyadopted Design Guidelines. But we did start from scratch with this document. And we feel we tried to add a bry brandtsy and craft that adds to the corridor. So the first is site design. In site design we are talking about how buildings were placed on their property and the overall massing. On 24th street its a lowscale development of two to threestory buildings with a very fairly narrow roadway. So it creates a very intimate pedestrian experience which is unlike other corridors in the mission. So the first guideline we are looking at is to sculpt the New Buildings to relate to the scale of adjacent buildings. This disparity in building heights adds character to the corridor but when you have adjacent buildings that are several stories larger than the others, it creates a very uneasy relationship between the buildings. So this one looks about looks at stepping buildings back when they are next to buildings that are much lower to them as well as midblock buildings that would step back after 45 feet. So 45 feet is roughly the height of some of the threestory Historic Buildings on the corridor the threestory victorians. So we use that as a bar for where we might consider setting back future development. Because of the narrow roadway, it can be easily concealed. There are a lot of buildings that are four stories that you would never see because you cant see the upper floors. And that section is architecture. This is the bulk of the document. And its really what the community has the most concerns about. Calle 24, theres remarkable stock of historic and older buildings. Many dating back to before the earthquake. So introducing New Buildings and development into this context is very sensitive. So we had the first guidelines preserve architecturally significant buildings. This goes beyond Historic Resources but buildings, iconic buildings it could be theaterrers, churches mixeduse buildings but they have an iconic quality to them. So we recommend developers consider retaining those. And also use them as an inspiration to set the bar for new development. You can see in these guidelines we have here the little quotes, the sense of history victorian details. These all come from the Community Outreach process. We tried to link each guideline to a comment that was made either in the working group or in the public workshops. Next is to incorporate art, textures, colors and materials that have a strong precedent on the corridor. So beyond considering the materials that are present or the detailing and so forth whats unique about calle 24 is the artwork really permeates the entire corridor in the buildings and the murals and open space. So recommendations are to look for opportunities to include this artwork into new development or in restoration. You can see here in the photo on the bottom right those are some locallycrafted that were included into the bulkhead. So thats one area that can be done. And next is signage. Signage has a huge impact on the character of the corridor. Including the old neon signage, some of it which has been restored the old signs and some of the handcrafted signage. So its really the diversity of the signage which gives it its most strength. So we dont want to homogenize the signage but rather continue to use a lot of different signage thats already out there and to reuse the signage that already exists. And even encourage neighbors to use different signage to maintain the diversity. The storefronts maintain the pattern of pedestrianscaled facade elements. The storefronts are a backbone of calle 24. The elements that people pedestrian encounter most. They see close up. So that combination of the storefronts and signs really creates that layered diverse character. But while there is a lot of varied storefronts they all have a lot of common historic elements to them. You can see in the sketch here of a storefront on calle 24. I had some of these Common Elements such as the bulkhead the storefront with the recessed alcove with as well as the reused signage that originally was a neon sign thats been reused for the new business. But then on calle 24, Something Else happens, and its sort of this combination of a common storefront with a vibrant outdoor market. The result is businesses that have open bays, they have backup storefronts. They have french doors opening on to the sidewalk. So it sort of blurs the line between the bubble and private realm. So this is something that we are continuing to encourage in the guidelines. And finally the public realm. Calle 24 the public realm is characterized by sort of everyday spaces that are used in different ways. You have the corner places which are used by vendors to sell food daily. They stand up to large crowds at special events. And they have the sidewalks with all types of activity with the storefronts spilling out into their Outdoor Dining and so forth. And of course the allies which become canvass for some of the most memorable artwork and murals in the neighborhood. So looking at the murals, they are obviously inseparable to the quality of 24th street. So we are just sort of trying to encourage whats already happening and not sort of dictate the content or the medium of the murals but rather more to do with the placement and how they interact with the architecture. For example they shouldnt cover up windows or affect transparency requirements. When they are painted on facades, which is sort of a unique thing that happens on 24th street as well, you can see on the lower right photo is that they encourage the mural itself responds to the architectural detailing on the building. Some other im sorry that generally shouldnt alter the architecture to accommodate the mural. So those are the few of the guidelines that we chose to present to you today. And with that ill hand it over to my colleague luis. Thank you. Thank you. Thank you. Good afternoon commissioners. My name is luis. San francisco planning staff. We are excited and proud to present the racial and social equity assessment for the calle 24 special area Design Guidelines. We will be one of the First Department of work projects that applied our equity tool and fully incorporated the assessment. I will call thely toking elements of the tool. The the following elements of the tools. The strategies to mitigate burdens and moratorium. We use the departments equity Assessment Tool to consider the impact of the Design Guidelines own Community Equity outcomes. The tool required us to examine what are the intended racial and social equity outcomes of these guidelines. We have three equity goals. First to increase the representation of the Latino Community in the environment. Second to ensure the guidelines are attainable for lowincome property and Business Owners and do not contribute to displacement. And third, decrease the amount of resources used for design. Another question of the tool is to identify anticipated benefits and burdens and who will be impacted by the measures. We have identified five main benefits and four potential burdens. The group of stakeholders impacted by the benefits include the Community Project applicants and city staff. Some of the benefits include mitigating displacement pressures in coordination with other city strategies and expectations resulting in reduced time and cost for project review. On the burden side, the group of stakeholders impacted were project applicants and the committee. Some of the burdens include increased of costs due to design and materials, and limitations on flexibility. Another tool to identify what were the unintended consequences. We identified two potential consequences that could impact project applicants and the community. The first one higher Construction Costs for business, Property Owners already facing displacement pressures and second, cost of burdens to the consumer by project applicants. The tool also requires strategies to mitigate burden and unintended consequences. One of the mitigation strategies was to provide language that allowed flexibility and how to achief a specific guideline. Specifically, the guidelines should be viewed as one small element of a larger equity strategy already being implemented by the city. Initiatives include a program facade improvements and lowinterest business loans. Lastly, the department will continue to implement in coordination with community and city partners. Finally how the outcomes are important to track progress. Using a consistent set of metrics is a critical element in advancing racial and social equity. We have identified a few elements for each equity goal to track displacement trends and utilizing other existing ordinances. In conclusion it is important to know the guidelines have a limited scope for peoples displacement. However, we believe they can contribute to cultural preservation. And help reduce the pressures of cultural and physical displacement in the neighborhood. We hope the guidelines will be used as one more tool in addition to other stabilization strategies. We would like to thank director john for our support of the Planning Commission our working group and the people who attended all the public workshops. Our staff recommends approval to the resolution of adopting the special Design Guidelines. This concludes our presentation. We will be hear to hear questions and comments. Thank you. Thank you. We will now take Public Comment on this item. I have at least a couple folks who i know are going to want to speak on this. Come on up. Good afternoon. Calle 24 cultural district. I just want to say that whats really important for us is that these guidelines were really started from the bottom and it was looked at from the bottom up, and i feel that was done. So i want to thank the folks on planning who really worked with us in making sure it was seen through our eyes, through our seriousness in the neighborhood. So also thank you john for your support on this. This is just one i guess one area, one layer of protection among others that we built over the years, our commission regulations, our legacy business statuses that really help protect the neighborhood and its character and the things that exist there. So this is not a one thing that will solve all our problems. This is just another layer another piece, another tool, another layer of protection for us. So were really happy that this is being looked at. And we are just asking for your support in approving this resolution. So thank you. Thank you. Next speaker, please. My name is marie. Im also with calle 24. I actually dont have a lot to add from eric because he always says everything. [laughter] so i think its a nobrainer so im done here. So thank you for supporting our vision and our project. Thank you ms. Sorenson. Next speaker please. Good afternoon. I think this plan is exactly part of what we are talking about when you are talking about racial and cultural equity and preserving lowincome neighborhoods that have a culture that is being wiped out by all the other planning policies that have happened to us. So i want to lend my support as a mission resident since 1984. I really do support this plan. Thank you. Thank you. Next speaker, please. Good afternoon. Im the Business Liaison with the calle 24 cultural district. Thank you for sharing this presentation. And i want to add to what eric said. Buildings that have been altered by new developers. And if you look at the old victorian buildings they have steps to go up to the door where the elders used to sit down and watch the kids play on the street. You can acknowledge and know your neighbors from not only next door but across the street and maybe a block over and a block behind you because of the kids are being together. The new we are seeing is just black buildings completely flat on the street level. And they have a rooftop where you can have a deck or this is their new recreation area. New folks that come into the neighborhood no longer get to experience the community as a whole. So these guidelines our beautiful, Historic Buildings from turning into a moratorium of black. Thank you. Thank you. Next speaker, please. Hello. I am a life resident of the mission. Lived all my life off the corridor of 24th street. And weve seen many changes coming into calle 24. And i would like to ask that you support this new design that we are trying to put in place for the regulations. So thats all i have to say. Thank you very much for your time. Thank you very much. Any other Public Comment on this item . Okay. Public comment is now closed. So i totally support these guidelines. I know folks have been working for many, many years to get there. Thank you to calle 24 and eric specifically and the planning staff for getting it done. So i just wanted to ask dont give me eric, but is every single one of these pictures in talking about the designs, theres ficus trees. I know its a controversial item but it adds so much to the aesthetic and the experience of walking up the street. So do these guidelines at all address that issue about street trees . We do recommend that new street trees be planted by developers and when they do new developments. I think currently a lot of the ficus trees are being removed for some safety issues. But yes. I believe that as well. And so thats why i asked the question about whether our guidelines address that or talk about the aesthetic of trees because what tree and what height and how do they yeah. Thank you. Yes. Thats one of the things that we talked about during the planning sessions is how those trees can be included at least in policy at least to talk about how they are part of the character of the neighborhood and how they are historic with the development of calle 24. So we were hoping to have something in writing. And i think there was a few lines in there that i see. So maybe you want to okay. Thank you. Yeah i mean we certainly recognize the importance that the character that the trees help create on 24th street. Its like its very unique and very special. The particular species of trees the ficus, i know that public works has kind of identified that as a problematic species throughout the city not just on 24th street and the mission because of maintenance issues and actually safety issues with branches coming down and crushing cars and so we didnt recommend necessarily that we replace the trees with ficus trees. But we do there is a guideline in the document that discusses the types of trees and kind of the character of trees that should be considered when they are being replaced, especially by when a development a building is required to install a new street tree. So there is guidelines and recommendations on that. Okay. Thank you very much. Commissioner richards. A few years ago, i read the pink section and i brought in something that i brought in that was really relevant to this specific area of calle 24. In 1990 so 25 years ago in 2015 when i saw it but hernandez said we need to make 24th street some special district to keep its contractor, blah, blah blah character blah, blah, blah. And this is a wonderful addition to the set of urban Design Guidelines. Its incredible. Really well done. On the ficus tree thing, i have one in front of my house and it fell down and crushed the car. So nobody got hurt but the car got hurt. I move to approve. Second. Adopt. Thank you commissioners on that motion to adopt the calle 24 special area Design Guidelines. [roll call vote] so moved, commissioners, the motion passes unanimously 50. So folks, that was item 15. And we have 27 items on the agenda. Plus or minus one. The next item is very long. So im going to take the opportunity to give us a little break because we have a long night ahead of us. Forgive us that we are down to five. And so biology dictates that we have to get up a little bit. So i think 15 minutes, if thats okay. Good afternoon and welcome back to the San FranciscoPlanning Commission regular hearing for thursday, november 21st, 2019. The commission does not tolerate any outbursts of any kind. Please silence your mobile devices. When speaking before the commission, if you care to, state your name for the record. Commissioners, we left off on your item calendar sixteens a through 1680 through see. Multiple properties owned or leased by the academy of arts university. You will be considering the adoption of findings for ceqa and recommending the Development Agreement and a master conditional use authorization. Good afternoon commissioners scott sanchez, Planning Department. We are pleased to bring you this package to resolve the longstanding enforcement issue. This dates back to 2006 when we first got our first draft of an into douche institutional master plan. During our review of that document we found there were numerous properties that were in violation of the planning code and subsequently proceeded to have enforcement action on those properties beginning in 2007. It was a lengthy process that resulted in Environmental Impact report as well as an existing memorandum, which we are which was reviewed in 2016. The existing technical memorandum is a unique document. The commissioner who [indiscernible] also in 2016, the City Attorney s office initiated a lawsuit against the academy of art university. We entered into settlement discussions. During the course of those discussions, which lasted several months, it resulted in the term sheet for goal resolution, which the Commission Reviewed back in late 2016 or early 2017. That set forth significant benefits for the city and for its residents to resolve these enforcement issues. We happen working diligently with the academy to implement to that, and that is what is before you today. It is to implement what has been agreed upon in the term sheet for resolution. That document was subsequently updated a few months ago, as well as the e. I. R. Addendum last month. Yesterday we were at the Historic Preservation commission where they considered the d. A. The developing to agreement that is also before you, as well as master permit to alter and master certificate of appropriateness to allow for exterior changes to the buildings to legalize those properties. We also initiated and adopted ceqa findings yesterday. That was unanimous approval. We are here today after a long time also a lot of hard work by the entire city family. This has been a contribution from many city agencies, not only the Planning Department, obviously the Mayors Office of housing and community development, and the department in the department of building inspection and the office of the City Attorney. We couldnt have done this without their support and the assistance of the City Attorney. There are too many people here to mention that have contributed to this, but i would like to single out a few of those. Versus andrew perry who will be giving you the presentation today. It is hard enough to thoughtfully and diligently reveal one project let alone dozens of them and one entitlement. Andrew has done an exemplary job in preparing for this hearing and taking over and mastering the subject. Also Kristin Jensen who has been our lead in the City Attorneys office. Without her support we never could have achieved this. I am tremendously impressed by the staff at all levels that have worked on this item who couldnt we couldnt be here without all the hard work of the staff. We have a large contingent if you are available if you need to answer questions. Andrew will give the presentation outlining the Settlement Agreement and the Entitlement Centre before you today. We do have rick cooper and our Environmental Planning staff. We also have dan adams from m. O. C. D. And joe barber from the department of Building Inspections who can answer any questions. We have Planning Department staff who are planning and preservation specialist who helped us get over the line yesterday. I would like to thank the contributions of Chelsea Fordham in getting the Environmental Impact review prepared. But without her significant contributions, we never could have gotten to this point as well. With that, ill turn it over to andrew perry for the presentation. Thank you. Thank you scott. Good afternoon commissioners. Andrew perry with department staff. Mr. Sanchez provided you with a background and understanding of the projects history and how we arrived to this point today. I will spend a few moments discussing the actions that are before the commission in order to move this project and lawsuit towards final resolution. Prior to any other action, the Commission Must adopt ceqa findings including a statement of overriding considerations, for which you have a draft motion in your packet. The e. I. R. Was certified in 2016 and an addendum was published in october of this year. Second, the Commission Must act on a resolution with a recommendation to the board of supervisors regarding the proposed ordinance, which includes the adoption of a Development Agreement as well as the planning code amendments that are necessary to implement the project. On the Development Agreement this is between the city and the academy of art university. Provides the mechanism for city approvals consistent with the Settlement Agreement and term sheet. The basic elements of the development include the legalization of academy uses as 34 properties throughout the city. The 34 properties that would be used include three new properties that have not previously been used by the academy. It also represents the withdrawal of the academy use at Nine Properties. In legalizing these pieces, the academy will be required to obtain all necessary permits to bring the properties into compliance with relevant city code. Second to develop and agreement calls for the legalization or the corrected modification of past building alterations that has been made without permit, especially in cases of Historic Buildings. Third, payment by the academy and its l. L. C. To the city of an estimated 58 million this includes an Affordable Housing benefit of approximately 37. 6 million to be used solely for Affordable Housing purposes and an estimated 8. 228. 4 million to the citys small sights fund. The balance of the monetary payment includes Civil Penalties reimbursement for planning enforcement cost, unfair competition law penalties and payment of impact fees. Although it is not a payment to the city, the developed agreement requires the academy to provide munimobile passes to students and staff and limit shuttles to routes that are not readily served by transit. Fourth the agreement includes a Student Housing metering agreement, by which the academy agrees to provide Student Housing based on specific percentages of their fulltime on Campus Student body, with those percentages being subject to increases over time. Student enrolment is tied to housing availability and importantly, when providing additional Housing Resources in the future, the academy may not do this through the conversion of existing residential housing. Some conversion of nonresidential buildings are permitted options but would primarily come from new construction in areas zoned for such uses. Fifth, through the permit process, a proposed swapper Residential Hotel rooms subject to an ministry of code chapter 41 which works as follows. Academy properties are located at 1080 and 1153 bush street. There are Residential Hotel rooms between the two buildings. Another academy property contains an existing mix of hotel rooms and 39 Tourist Hotel rooms. Through the legalization of the academys use at the Center Street property, the tourist rooms are being converted to Residential Use Group Housing and then under the proposed permit to convert application, those rooms will take on the chapter 41 designation as replacement units while the designation is removed from the rooms at the bush street properties. The result is that the city will gain Residential Hotel rooms at the 860 centre property. Lastly a developed agreement includes various timing and enforcement provisions, setting deadlines for one the various other elements of the d. A. Must be carried out and the citys recourse should they not occur. So that is the Development Agreement, but then also included in the proposed ordinance are amendments to the planning code that facilitate implementation of the project. Procedurally, the amendments create a consolidated improvements project for large postsecondary educational institutions such as the academy , which is referred to as a master conditional use authorization. Yesterday, as was mentioned the Historic Preservation commission considered and approved similar applications in the master certificate of appropriateness and master permit to alter. Effectively any number of individual conditional uses and also Building Permits can be socked together under the single master conditional use. So its important to note that things that may otherwise have only required a Building Permit are being elevated for Commission Review here today. Additionally, through the amended the amendment allows for the Planning Commission to grant exceptions through the process. At that may be necessary to implement the project. They are discussed in table one of the draft conditional use motion and are listed on the property summary sheets, which is exhibit e of your packet. Many of the exceptions needed are for bike parking be at the required number of spaces at a given property, exceptions, the access path requires navigation of a few steps. Or provide vertical racks instead of standard class one spaces. The department went through a rigorous look at each building to see where bike parking could reasonably be provided and the department supports the spaces that are being proposed along with the exceptions needed. Where sites are deficient in bike parking the d. A. Calls for payment of an in lieu fee. Other common exceptions being requested are from open space and rear yard requirements which typically occurs when a building is changing use from a nonresidential use, typically a Tourist Hotel, which doesnt have open space or rear yard requirements and changing to a residential use which does. Many of these buildings are legal noncompliance with respect to rear yard setbacks and the only way these properties can provide open space would be through new roof deck construction. And then there are two last things to point out as part of the planning code amendments. First, where the city is compensated for the loss of specific residential units through a Development Agreement the restrictions of section 317 e. , which is the conversion of existing residential units to Student Housing may be waived through the process. It is worth noting this code section was added in 2012 prior to which the coach did not differentiate Student Housing and also this is after when the academy had already occupied these buildings. Given that space code applies to the project, this would need to be lifted at the sites to allow for conversion and legalization of Student Housing today. Second, where the development authorizes the conversion of no more than one building subject to section 202. 8 of the code, institutional used, the requirement of that section could be matched through the master conditional use. [please stand by] for commercial Storage Private parking at 2225 jerrold avenue in the bayview. The two primary cultures also have campus buildings in the financial district and south of market areas. The proposed uses are principally permitted within their zoning districts. In other districts properties may require conditional use for the Postsecondary Institutional use or for residential property, conditional use may be needed for group house affiliated with Postsecondary Institution or Group Housing generally as is the case in the hh2 district. Certainly residential properties, conditional use is being requested for private parking use. There is the case of 950 van ness which was just discussed which is private parking for the classic vehicle collection. But for most other sites the private parking requested is parking that already exists but would no longer be used in an accessory manner so conditional use is required to establish it as its own distinct use. The policy doesnt allow students to park in those spaces. They are reserved for faculty and staff that are not residing at these residential build. The last type of conditional use you would otherwise see as part of the project is for the removal of the dwelling unit under section 317. And this is unrelate to the waiving of 317e provision i discussed earlier. Is we pavel happens at 560 powell and 680 sutter. At powell the additional unit was perhaps a clerical error. Its difficult to see where within the building a unit was eliminated. And at 680 sutter the unit removed was located at the ground floor and was converted by the academy in 2003 to create space for an Academy Art Gallery which has operated there since. As i mentioned the 34 resulting Properties Include three new properties to be added for academy use al these are along the van ness corridor with two for institutional use and the other for Student Housing. Going from south to north they are 1142 van ness a private community facility, 1948 van ness former retail and 2550 former a hotel. And just to reiterate that there are Nine Properties being withdrawn from academy use. Perhaps notable of which is 1055 pine street which contains residential rooms and cannot be used as Student Housing moving forward. I know that is a brief overview of the properties involved and the work to be performed. So if there are any questions about specific properties you may have myself and other members of the department are happy to answer those. Very quickly, i want to touch on the you Public Comment that has been received with regard to the Development Agreement and applications. Commissioners i provided you with copies of via email and a hard copy. Largely received after publishing of the staff report. Staff received 51 emails from neighbors in the vicinity of 1900 jackson street opposed to the finance of this building. Staff received a letter from the van ness corridor neighborhood coalition, specifically commenting on the proposed uses along the corridor including objection to the proposed private parking use. Lastly staff received correspondence from three other individuals with concerns the project does not address building requirements for those with disabilities and comments with regard to the overarching elements of the agreement. In closing, just a brief context for where we are in the process as was mentioned yesterday they unanimously adopted ceqa findings and a resolution recommending approval of the da and planning code amendments and approved the cta applications. Today you will consider similar approvals with exceptions and conditions. Then the proposed ordinance including the Development Agreement will go before the board of supervisors for approval with the target of having all project approvals secured and effective by the end of february next year. Then pursuant to the schedule of performance the academy would be responsible for committing the various scopes of work at each property over the course of the following two years. So the Department Finds the project is consistent with the objectives and policies of the general plan and recommends approval of its constituent parts. That concludes staffs presentation. We are certainly available for questions. Thank you. Is there another presentation or is this it . Okay. So we will now take Public Comment on this item. Im sorry. Yep. Come on up. How long is your presentation . Shouldnt be more than five minutes okay. Good evening commission. President melgar. Im jim abrams, Land Use Council to the academy of art university. We are pleased to be here tonight. This has been a lot of work from everybody who has been working on this. And we are very pleased to be here. If i could have the screen the presentation. There it goes. So, again, we are here tonight to discuss the global resolution of the lawsuit that was filed against the academy of arts. And there are a few components of that resolution that we wanted to bring to your attention. First theres a Settlement Agreement thats resolving the litigation that will be heard by the board of supervisors. Theres the Development Agreement before you tonight that approves and regulates the 34 plan sets that would be authorized by the conditional use authorization you have. Theres also a stipulated injunction that gives the city enforcement rights against the academy of arts that are different than the citys standard enforcement rights. So if the academy had a future violation the city would have special rights to go to court and enforce those violations against the academy. In addition theres a guarantee that provides a monetary guarantee to the city so the city is ensured it will receive the benefits ill discuss related to a monetary payments. So as andrew mentioned before the commission tonight theres a Development Agreement, theres also a master cu and ceqa findings associated with both. But the core of the work and are these 34 building plan sets. And this is the result of five years of work and negotiation. Theyve been prepared by the academys architect tef, the City Attorneys office, Planning Development and the court has been involved in the preparation. All the buildings must meet ada requirements when they are submitted to the building department. And all filled Building Code requirements. We are required to file them within 60 days. The plan sets that andrew discussed theres the installation of 500 bike racks, class one and two bike racks. Theres a reduction of 28 percent of the academys off street parking. There are facade alterations the housing benefits again theres the 37 million payment. Theres 83 rooms of sro units that will remain at pine street that the academy is vacating that building will remain an sro building and theres the addition of eight units the academy is creating by consolidating its sro units into the sutter building. In addition there are specific procedural requirements and moratorium that are implemented through the Development Agreement. There would be a moratorium on new Development Agreements by aau from one year of the Development Agreement to give the the city a pause on any Development Activity other than thats contemplated by this deal. Theres a