Transcripts For SFGTV Board Of Appeals 22416 20160227

Blinder and situated myself another at rh2 zoned homes income tax and nearby he can prevent inform major city around i can pretend my neighbors dont include an automobile repair shop a Large Elementary School a bu Public Library and several two and three apartment i can pretend or within a block of my neighborhood includes franklin it is another commute or the neighborhood shopping district and 6 story Apartment Buildings i can pretend i dont live in an urban environment with a mixed use with many, many household and hard work teachers and shop keermz and hundreds of neighbors that happen to have a different preference of food than me and neighbors that happen to love that market on the corner blue fog market embraces the neighborhood weve depended on to sherman Elementary School this is the paramount Elementary School to the project open hand to the st. Francis Foundation Blue fog markets listens carefully to the neighbors and acts on the concerns for example, in response to the commerce and neighbors we keep your sidewalk very clean the gutter clean it is good for us and good for them we dont leave the garbage cans out we pay centextra to have th collect inside the building so the neighbors dont see weve moved prep work auout of the spe like slicing onions to a commercial kitchen to get rid of smells weve installed signs to the customer not to park across the driveway and we put up a Something Like that after reading the letters from the appellants please respected our neighbors privacy dont park across their driveways park across our derivatives we have a flash that informs them we listen and try wrarldz with regards brarl to parking can i h im almost done. Finish the last one. Can i electrically. Im in rebuttal actively. Ill tell you how well manage the space. Sir youll have time in rebuttal. A quick question. Sure this may get to our point whats the mask of 8 tables and 16 chairs. The spaces this may be a mute point the space is very large and can handle more weve handled 4 tables and 8 chairs with no trouble we have a professional manager and we can handle it but i mean the news that im getting from the zoning is that for market like us were allowed 4 code is code i accept that well make the best of 4 and make that great. Thank you same question as the appellants did you make any effort to see if there is a common i made the effort when i first bought the store he was invited into a neighborhood meeting with that essentially turned into a public stone that was pretty bad i was for the left hand to i was yelled at i owned the store for one day and but nothing and every time they approached me honestly, i tried to make things work i listened to them and tried to do what i could in my powers to delineate their concerns i knew it will be with discussion. I have a question. Sure. When you first got the store you wanted to do this seating; right . Yes. And yet you had not didnt know anything about the neighborhood; is that right. Thats right. And then later on you wanted 6 years later; right . Right. You said i got to know the neighborhood i got to know what people want so how you balance this from the neighbors that dont want this at all and some neighbors that do. A huge number that do i dont define my neighborhood as one hundred feet on either side of the store but from two to three blocks away they signed my book you know the signature book 4 hundred and 50 people signed it. But they have liability concerns with the parking it is liable to get worse. I dont see parking getting worse 0 to be honest doushl not for a cup of coffee and a sandwich i think that will make things better for parking. Thank you. Thank you. Womens history monell he department now. Good evening, commissioners and brown paper baobeys im bre representative for the department of public works first provide and brief overview of the cafe table and chairs permit process for the preferred market and discuss community appellants concerns and the recent limitation on the seating from the deputy superintendaplanning was the permit was applied for in 2015 Public Utilities Commission Public works termed it was in general conforms with the code and the dpw order after determining that was in general conformation we preceded with the process as extended the Public Utilities Commission Code with the application posted on the door of the business on september 24, 2016, for 10 calendar disease during the notification period the dpw received approximately thirty objections and 10 supporter and so following scheduling a hearing the dpw hearing because of the outlooks which is following the procedure of the code we had a hearing on november 4th after all the director of public works approved it on december 23, 2015. I want to make clear public works reviewed the plan in conformance with the guidelines and the director approved based on the information provide to him to proceed with approving the permit. The concerns made by the appellant regarding the Current Issues the neighborhood regarding parking traffic congestion, noise, smoking, alcohol, Loma Prieta Earthqua l but loitering these this should be addressed by other agencies like double parking and Public Health department 3b9 pub Public Health department and my alcohol violations with regards to the zoning and dedicati designation use of business after discussion with the Planning Department it was determined that after further review by the Planning Department they determined the that the blue fog market was zoned for 8 seats so our determination was bans the initial review and if you if the board upholds the decision for the dpw decision do uphold the permit the applicant has to revise their plan for 8 seats with the planning code thank you im available to answer any questions. Yes. Is this a market or a store. It is a planning question. That would be a planning question and when you know what a market is a market a restaurant is a place you go eat and you sit down what is a market what is a restaurant . Yeah. Commission the planning will come up after. I still have a question for them. Ill reserve that. So no limit on tables just the chairs. Per the code. I guess i can ask you first if not mr. Sanchez will answer that that is 8 seats total no beverages; correct . I prefer okay. Okay thank you very much. Dont leave yet. Im trying to remember from previous dpw cases involving sidewalk my memory didnt recall our department ever conditioning our approvals do you have any Good Neighbor conditions. There are conditions of for the permit holder this is hato maintain the sidewalks and keep the sidewalks clean and removing graffiti so there are a lot of conditions not a lot but conditions of having the permit for being a permit holder we dont specifically condition the permit i think that was your question. You dont normally. But add additional conditions. Overheads please. Overhead. So the section 4 guidelines and conditions of the dpw order werent that specified. Okay sounds like well hear from mr. Sanchez now. Any other. Well hear from mr. Sanchez now thank you. Thanks good evening president and other members i was sfoelg to specifically party to the appeals of the dpw permit and asked me to look at the Planning Issues that were raised by the appellant i did see and fiound the referrl was approved in error and the use was a restaurant and there are seating limits for restaurants but for Grocery Stores that are under the planning code to have an accessory of tax out food that is common in most Grocery Stores there is a small deli counter this is the planning code an accessory to take out from a size of a floor space im not familiar with the enlightenmeco no allegations it is operating as a restaurant other than what is brought up in the appeal weve approved it as a Grocery Store so they can have the accessory and no seating but under the planning code interpretation from several years ago it states that the amount of seats sidewalk seating may be allowed just to encourage activity and acknowledging the temporary seating depending on the weather and time of day not something that will be ongoing plus it is issued by the department of public works and encroachment it is revocable the city what rectify at another at a later time so the interrogation was issued saying you have a minimal amount of seats under the planning code section 23 it deals with calculations from you mentioned the beverages proscribes a length of 22 feet is the an old measurement that is what it is currently. It 3 factors into the total number of seats not shared seats. Correct so if it is just chairs it is simple and just 8 chairs but beverages well calculate the length of the beverages 22 inch and foot well count. A 6 foot beverage is 6 seats. Correct. So thats whereeverage is seats. Correct. So thats wheverage is 6 s. Correct. So thats wheerage is 6 se correct. So thats wherage is 6 sea correct. So thats whereage is 6 se correct. So thats whege is 6 seats correct. So thats whee is 6 seats. Correct. So thats whe is 6 seats. Correct. So thats wheis 6 seats. Correct. So thats where we are i contacted the permit holder to move forward with this sidewalk sooetd limited to the 8 seats. Ality it is noted this is a Residential District thats correct an rh2 Zoning District and it allows two dwelling units with the commercial use this is a limit commercial use it is exciting it is legal and grandfathered in and commercial that preempts the zoning controls youre allowed with any use to with the least intense district and further limited within a quarter of a mile of polk and mcds and industries has a requirement for constructive for limited restaurant if they want to doesnt even and go from a Grocery Store to the next is limited restaurant that will appear to require a conditional use authorization for this site but as it is right now we dont have complaints and determined theyre in violation that if theyre not a market with accessory take out it is what theyre allowed and hacan have e sidewalk seating up to 8 if they go through a change of use it is under the planning Code Unlimited up to the discretion of public works so im available to answer any questions you may have. Whats the Tipping Point what did you knthink the tippin p point with a Grocery Store of tax out food and a Restaurant Technology Food Technology has improved the good ole days you didnt pick up a salad or anything at a Grocery Store there is salad bars and food bars and it is exactly what youre saying there are for take out for local neighborhood kwhat the Tipping Point between that a Grocery Store and a limited restaurant which would trigger all sorts of other stuff. That the fast weve look at the seating for a Grocery Store no internal seating thats the definition as well as the square feet the 5 hundred square feet your devoted to that take out and looting the rest of the space and what kind of products are they offering and did 3 look and feel like a Grocery Store or specialist Grocery Stores theyre both retail formulas and the Grocery Store talks about a specialist you could have focus on cheeses or other products but you know, i think that is marriage the size of the space dloftd to that food and cowheth or not this is food and seating and we couple years ago we modified it and consolidated that and now were looking at this issue and kind of the Tipping Point exactly had this issue in working with the neighborhoods and Supervisors Office to better clarify the definition to be more distinct ill say generally limited restaurant are principally limit the city it is wild permit it is more densely controlled with the eating and drinking but generally from a Grocery Store to a limited restaurant will be a section 312 notification and there is a process. Thank you. Mr. Sanchez just to be perfectly clear youre saying should we this body agree to confer the permit or continue to allow the permit well need to condition it to a maximum of 8 seats. Yes. The code didnt specify the number of tables but i think that is something that will need to be looked at that make sense. We will take Public Comment may i see a show of hands on this item the appellant first remove that he isal and second like to ask those who are come up to speak fill out a speaker card and hand to our clerk and third ask people line up on the far side of the room to move through the speakers in an orderly fashion. Because of the size of the calendar two minutes. Two minutes because of the size of the crowd and the length of the calendar the first person should come up and approach the microphone. Ladies and gentlemen, of the board thank you for hearing our appeal oim living wells fargo within a block of the south market and moved for a safer neighborhood ive graveling concerned about the tables outside of market and building that is detrimental to the neighborhood ive never been bel approaches by the owner of the blue fog market and didnt benefit from the earlier efforts of Neighborhood Outreach customers are parking illegally blocking the swaugz and streets making it unsafe ftorpedos and other drivers that is impounded with trucks illegally parking on a regular bays basis this will lead to condemn it is worthy noting theyre able to sit outside with several beverages as a customer of blue fog market this is the on a attractive obvious i activist no, no smell left by the dogs as the owner says the owner is popper but dont need sidewalk tables to enjoy all the items im surprised not more time devoted to the fact federal and state there is a Elementary Schools nearby and given the residential area and most importantly the proximity location of the school i urging or strongly urge to not grant this permit thank you. Next speaker, please. Ladies and gentlemen, im a homeowner next door neighbor and patron of blue foggy ask you to retrack their permit for outdoor seating alu that an reef zone it also it is per planning code that calls for nono nonconforming use that meets the frequent and needs of the residential eir responsibility within a short distance of their home and cause minimum interpretations it causes interferes noise and traffic and congestion and litter and loiter the immediate neighborhood will be immediate relies of that for our home well be greatly impacts by the noise of the tackles and charges dragged to and from the streets and the laughter will not be masks by the ambiance in a commercial district like union street the two residential units located above blue fog will be impacted and the gentleman talked about his signatures of support from Neighbors Without physical addresses his argument is mute by the turn the customer cars parked in my driveway i assure you it blue fog has as thriving business that is moving on the business from the nonconforming Grocery Stores into a restaurant or cafeteria it is permitted for 8 tables and 16 chairs greater than cafes and restaurant in the commercial district it is offsite consumption uptick the rh2 not morph into a restaurant or cafeteria please help us save our neighbors by that. You want to state your name for the record. Jan. Thank you. Next speaker, please. Youre the spouse of Appellant Court so our represent by the appellant and your time to speak will be during his time if you want to and he wants to you, you can speak during rebuttal but not Public Comment. Okay. Thank you. Next speaker, please. Please step forward. There are several spouses that do they have the same amount of time. Any agent or representative of the appellant. Hi, im the neighbor around the corner and ive been involved for a number of years and im very much in favor of imply fog not having tables and chairs the front and preserve the residential quality and there is a school nearby and theyll be creating more of a traffic hazard and if there is tables outside that will create more of a danger i have children that are hit by cars the neighborhood and urge you to reconsider the grant of this permit and also the owner has said he is going to post an outdoor cameras and theyll monitor this 17, 7 days a week and 14 hours a day i do not say i cant see that will work it will take a stronger bounder for people not obeying and be able respect respectful to move on i urge you all to prototy practic please not pass this and please restore and keep the quality of a vibrant beautiful San Francisco neighbors so future generations can enjoy this and a residential and not commercial quality thank you very much thank you very much. Thank you. Next speaker, please. Thank you board for temperatures im moreen a resident of the block on green blew fog it situated on been there 8 years ive not met the owner of imply fog prior to the last couple of months he came around and tried to solicit acceptance of the property tables and chairs from the different neighbors the neighborhood i have respect blue fog is a Good Neighbor up to now it is convenient for them on the corner not a problem but until the idea of putting in sidewalks and tables and chair has changed the tennure of the business and sets a precedent we dont seek to set only two biz biz businesses blue fog on the corner of philosophicgolf and o corner of laguna they having dont have seating and tables, in fact, green street the length of green street from lion up to jones there are no outdoor seats and tables for many of the limited businesses that are on this residential street besides the potential for liter and loitering there is an issue of parking it is already zoned e zoned a. M. An f rewarding in terms of the 2007 study for the reconfiguration of van ness and the parking and traffic has increased since that time from 8 cars per day psa through per minute to 20 to thirty cars passing per minute currently so we see the installation of blue fog tables convening staff he intersection we have kids weve got infants and. Maam, your time is up. Thank you. Thank you. Next speaker, please. Good evening, commissioners im danielle ive never met the owner the blue fog by really does seller wish him Great Success but not at expense of our neighborhood my family is across the street on golf street since 1969 what was once hostess market we went and got butter severed a need we now see blue fog as a Neighborhood Market detrimentally trying to become a restaurant we dont get anything there anymore now there are fewer and fewer grocery stororgeous more prepared food it is not a place we go and im not sure that there is much demand on the part of immediate neighborhood for any tables or chairs thank you. Thank you. Thank you. Next speaker, please. Hello my name is richard i live within half a block the last couple of years im new to the neighborhood but have a long history of San Francisco in fact, he served as trustee raised money and built the museum ive never met the owner im. Im sorry can you speak into the mike. Ive never seen the owner im discouraged by outdoor seating im against it i rail see my neighbors that is people dropping their car off i have a Real Estate Broker that double parked in front of me dont see the need and seating is proposed on the side there is times viability a half of that is no windows i dont know how they control the space, and discouraged when they put signage on starbucks shut down on union street and said we wont come there they come here instead and position as a restaurant and take out food if he wanted to open a restaurant they can go down to union street and frankly im really opposed to it and trying to raise go Young Children i hope to keep the traffic at a minimum and im disheartened he is saying it is a restaurant this is december and shou december disingenuo the reference the Auto Repair Shop is not there the store has not been opened no signage and to say there is commercial establishment is plain wrong nothing until you get to union street thank you. Thank you. Greeting and chris a tenant of the building in question upstairs for 14 years i love blue fog one of their best customers but i have a problem with the noise the permit is essentially means ill adopt new roommates and reform the drinkining room this pretty much out of my control thank you for your time. Thank you. Thank you. Next speaker, please. My name is a anna my family and i owner the residential apartment 1674 green street on the corner of green and golf across the street from the blue fog market our property is right there not a block or two away as it is many of the patrons park their cars blocking our derivatives when which are a problem when tenants need to pull their cars out to go to work and appointments and other important candidates there is limited parking on the street and no parking lot close by were extremely disappoint ed te dpw position to disregard you are concerns regarding the permit to a sidewalk and tables and beverages at golf street this area cant accommodate the additional traffic and parking needs which will occur should the market be allowed to expand the manner this permit will allow the rebuttal will be vehicles blocking our derivatives more often as englalonger percent and that will happy happen this is completely unacceptable and unfair were hopefully, youll give for careful consideration to our valid objections thank you. Thank you. Good evening i had those prepared notes he sit there and see you up there trying to figure out what is going on this store owner has seen this world through a different prichl than people that live around him he calls aggressive minor group of neighbors now he calls us the Appellant Group well, were his neighbors analytical unfortunately his immediate neighbors what he did with that Grocery Stores and wants to do with that he says hes serving the larger neighborhood and presents you a guest book with hundreds of signature theyre not signatures their email addresses and some of the people didnt know what we were writing because few contempt whether or not they like it or not just give a Mailing Address we dont know where those people live his continental permit is for a retailer Grocery Stores it is a nonconforming use his section one 86 supposed to be limiting his service to people that live a short entrance from the home but hesitate tested toasted to you in his response he shouldnt be made a escape got for the citys growing veins by denying him a permit that is grand all over the city really . Dpw is grand those in rh2 neighborhood over the city if this is true someone this be looking at this what do we have zoning for when code enforceme code compliant someone misrepresented this Grocery Stores as a restaurant and we went to planning and dpw it wasnt until tonight that someone said oh, yes, sir. That wrong but this kind of push back from the neighbors this would be a completely dentist story and have to live with 8 tables and 16 chairs. Dow you would you care to state your name state your name for the record. Donna. Thank you. Thank you. Next speaker, please. Good evening. Im marshall i live on golf street two buildings from the blue fog market two comments i have to make one the owner talks about hes has not making his driveway available for that parking that driveway will hold 1, 2, 3 or cars it really not any factor in connection with the parking we get people dousht in our derivatives becau driveway we s excuse me. We want in and out of our garage they say theyll be back shortly, and, secondly, hes using a commercial kitchen that maybe the case we get smells from karaocooking in our residences and weve got a number of people that are speaking a number of people present not going to speak but here to ask you to republicans send that permit id like to ask them to stand the people that are here objecting to the issuance of a permit not speaking. Will you spanned stand and remain standing those who ov objecting to this permit but not thank you very much. Thank you. Thank you. Next speaker, please. Hello my name is Justin Hewitt im within walking distance the blue fog market and a parents not a 5th grader at a school a block away and also an architect im here to support the table and chair permit i be that will be an seat to the neighborhood all the commercial places that are sprinkled a lovely neighborhood to walk in this is an seat asset the issue of traffic golf during rush hour it has nothing to do with with this market it is a whole other issue i do believabe strongly that people walking down the Street Center and eyes on the street makes for a safer neighborhood and that even good people del displa gay bad behavior how could i not support this this is American People asset a positive influence i want to highlight that frank and market are very involved in the neighborhood not talking about donations he sits and a School Site Counsel that involves time hes there always there and thats the kind of local input and activity i want to support so i advocate and hope youll allow the permit to stay as it is thank you. Thank you. Yes. Do you have any concerns about the traffic with the addition of the seating and i think that will get better. Why. When you knouve got to place souetting up a cup of cofe if i of the open my way someplace else he wouldnt if i got could sit there i think that is the way people on behalf of they wont park if they can sit thank you. Thank you. Hi, im dennis i echo everything she said i support frank it sounds likes 8 chairs it is fine with the uber drivers and the parking is an issue citywide has nothing to do with with blue fog and fabulous for the Community Everything he mentioned is true hes fabulous i walk bys restaurants with disgusting garbage cans and sidewalks never at at blue fog market he is wonderful to customers and he is wonderful to i guess the neighbors surrounding the people that will there i have been a resident for 20 years and i think that is fabulous you should permit as many seats as you can give them. Thank you. Thank you. Next speaker, please. Hi my name is Samantha Hicks i live in the neighborhood and my son also attended sherman laerments as mentioned semester he support the tables and does not think that also be a detriment to the neighborhood ive sat with frank on the ss c and hes supportive to sherman i walk in my son everyday at the w market wouldnt bring anything to the neighborhood that makes me not feel comfortable date of birth doing that everyday thank you. Thank you. Next speaker, please. High hi i live on green street phenomenon the the exact blolococckigh hi i live on gre street phenomenon the the exact g hi i live on green street phenomenon the the exact ckhi i phenomenon the the exact ck but ive lived the neighborhoods for 8 im in support of this i think the people that are opposed now it is only 8 seats we should find a middle ground the quote unquote problem with this large seats is reduced by half since no beverages and or you know that many seats im very much in favor i think that will be a benefit to the neighborhood. Thank you very much. Thank you. Next speaker, please. Good evening. My name is daren im the new store manager for the blue fog market an fog street. Im sorry youre on employee of the permit holder your time to speak will be with the permit holder thank you. Next speaker, please. Good evening. Im leslie a neighbor and a tenant and i live in a very small studio i have to say that lob wonderful to come out side and sit and have a coffee and enjoy the sunlight i dont have outdoor sooeeating a so this is really neighborhood serve and by the resistance of the people that signed the positi petition even though it seems to be right they knew what we were doing and want this particular service you know, i have so is ive lived here a long i remember the place that was a liquor store with a lot of problems there were calls there all the time in respect doushth not dousht but parking in driveways this causes more grief i think those are very neighborhood serving i believe that is a very fine use of space you know there is not going to be alcohol served outside those are nice neighbors good people they like what they offer the food is good and the vegetables whatever your buying is good quality it is worthy of our support it is something that is needed and necessary in many ways for people that dont have the properties of those properties these people have theyre responding to the community and should be supportive it is a use that is allowed since the department allowed it all over the city is he it was terrible it wouldnt be permitted i ask you to support it. Thank you. Next speaker, please. Would you like the overheads, sir. Overhead please. Im Terry Morrison golf street im not a disgruntled neighbor like others ive spent hours and years and decades working on the Environmental Impact telethon homes and neighborhood ive lived in my 18z 91 homes horror years and honorable to the caregiver of this the store owner list some of the things in his mind that improves the neighborhood i got the city to install a towfour w steep and no post, no vehicles cal street and enforce that ban with the police and truck dispatches and formed an under utilities that were requiring a financial commeitment by 80 percent of the recipient and 3 blocks on every side of the blue fog market it took 12 years to accomplish older neighbors to stop the supervisors proposal to turn grovel ogolf one way to california weve lost the corner Grocery Stores this city has taken the lid off commercial development and all of us are paying the penalty look at this poster. San francisco artists robert grew drew it if 1979 did short history of america with a rural scene and ends with an urban eyesore one bad decision at a time can you see that we dont want to compromise thank you. Thank you very much. Is there any additional Public Comment . Okay. Seeing none well take rebuttal starting with the appella appellant. So it is 3 minutes for the. Well, thank you attorneyclient i fethank you f your time i feel very frustrated weve heard todeve heard today your time i feel very frustrated eve heard todayyclient thank you for your time i feel very frustrated eve heard toie you for your time i feel very frustrated eve heard todayent you for your time i feel very frustrated eve heard todnt tha you for your time i feel very frustrated eve heard todt thanu for your time i feel very frustrated eve heard tod thank for your time i feel very frustrated eve heard todaythan for your time i feel very frustrated eve heard today that if the two agencies would have talked and cooperated and figured out the issue a little bit better so as a neighbor and as a recipient and a former board member and commissioners the city is it so frustrating for me to get this far the process and at the last minute some sort of change you know we the immediate neighbors very specific very credible concerns about this expanded commercial use at this corner in our brief we outlined the issue including was the most troubling is the number of trucks that deliver at this market and block green street it is ongoing all the time market are different they dont get their stuff from within distributor but every vendor it blocks green street and people driving adopt green cant get around those trucks and cant get past the truck to get into the golf intersection and it is dangerous and putting people sitting at tables and chairs will theres a dangerous situation it is also going to increase the noise and the litter and the garbage and all the things coming out of that market and sitting there if you all think that the market employees will Police People sitting there and drinking, smoking and being route i didnt is tht no happen weve seen a number of employees in and out of that market not a j job that people last long in i dont see the constitutional memory and the people probation officer manage f this kind of situation you know, i feel honored to live with the neighbors that spent years decades fooibt for this neighborhood and ive only been there 12 years but it is this is situation that has grown out of control and ask you to put no tables and no chairs and no seating already a beverage on the inside of the market after hearing the planner is illegal and theres a beverage in that market we respectfully ask you take the beverage out of the market. Thank you. I think there are questions if you could come back back, please. The truck issue that is something that is ongoing; right . Its been ongoing. Wait my question. And it didnt has nothing to do with with the seating right. In my mind it does when you the seattle cancel basically going to serve as as an a advisement this is a restaurant people will want to come there and park and sit and more dem d demands for different products that bring more trucks every item that comes in there is on a separate truck. Does it make a difference in our mind only 8 rather than the 24. I dont believe this Business Owner can manage chair you cant see the tables and chairs where we proposed to put there there is a window. Youve answered my question no compromise. Yeah no. Thank you. Any other questions. Thank you. Well hear from the appellant now. Well hear from the permit holder now. Were a small market we are not a restaurant and not trying to be a restaurant only put. Few chairs there customers want it overwhelmingly so lets reduce to 4 tables and go with the code were going to manage this professionally we have we did that on polk street that will be clean and attractive youll expect we bplan to use tables ad chairs that are easily carried and not collapsing the tables will have signs that warn people against noise and alcohol we currently refuse to sell beer by the bottles and no bottles will have will have escrow tops u taupes well access opening the bottles with psychiatries we can monitor from the inside were going to schedule an additional staff persons who responsibility to be physically outside they will be out there watching the tables and making sure that people are not sleeping and taking care of garbage weve dont think this on possibles you dont need to be a bourng to appeal to peoples good side or listen you interest are to move on it will be clean and no loud behavior and no smoking or classic alcohol accumulati communicati consumption i want that lets recuduce this to four tabs it will be a wonderful place well have 4 tables and chairs and umbrellas a place you can be proud of. As far as trucks i mean no last minute here all markets prior intimations other market around the neighborhood we all have different vendors there is nothing new i dont have something that creates for trucks coming in and i think these neighbors are they see me and they see the business and they see the trucks that come to our busy and dont recognize that is what happens with all market in the city they have trucks you bought our home next to a market you have to expect some visitors and trucks coming in when you bought the market. Okay. Thank you. Thank you very much. I think we have questions for you as well. Okay. Among the things youve talked about that perhaps resolve some concerns r by the neighbors two i didnt hear have you done anything to manage the delivery trucks in terms of of when necessary come and where they can do you wouble park. We try to get them coming in during the day when there is also traffic. We cant control. How about where they packer we have at yellow don and what about the double parking you have staff. I dont have a parking. When we see people double parking we mention that we dont have a valet outside watching. I keep trying to look for new ways to do this i do i dont want all the ills that the neighbors dont want and a quick one what are our hours of operation. From 7 at the night and wee weekends 8 to 8. Kwhab you hacant see the tables. Let me finish the question its okay. That the cant see the tables and therefore, cant police the way you said you could. We dont need to see the tables all day long you send anyo someone out there we have a camera out there ill sit up on ipad you can see whats going on so if we we have activity ill personally will go out interest there there. You got our neighbors mad at you. What. You have to hire an extra perch and police those tables for 8 seats why. Because the Consumers Want it this corner abowill look gre it is banner with walls but chairs and tables and umbrellas people will drive by and smile this will be nice. I have a question so you are going to police the smoking and. Absolutely. I have as much to gain. And the other question i have our hours to 7 and 8; correct . And 8 oclock at night and keeping overseeing tables out at 8 or pulling them in. I think under the wintertime i see us pulling it in earlier but 8 oclock is light. Thank you. Okay rummaenewal from the department. I would like to comment that the conditions of the permit they maintain the sidewalk in a clean condition and keep the rightofway clear of blukobstructions as well as maintaining the sidewalks as a condition of the permit they have to have recipients for fractio trash cans so the customers can throw out their gaurg any other questions. Thank you im not sure youre the right person do you have a sense of how many of those sorts of Corner Market or i think of one medical cannabis dispensa mid block on california do they have tables and chairs. I dont know. Just to be clear would you use the term rightofway no obstructions the rightofway youre talking about the sidewalks. Correct. Thank you. Unless anything you need to ask mr. Sanchez well move into dislikes. Except he didnt, the answer to my questions. Id like to ask mr. Sanchez. The statement was made by the permit holder this is happening all over the city is this is an action is the action of putting tables and chairs in front of Grocery Stores happening all over the city. Getting into commissioner lazarus day to request i cant say but work with public works to crossreference and see how many the mraimthapplications th referrals are common and our staff reviews those frequently i think that maybe a bit maybe bit much to say that all over the city but a common feature it is something that is generally encouraged we would like to see sidewalk sittieating as i menti those are revocable and public works if there are violations of conditions they can be fairly corrected by public works it is much easier to correct than the use on the property and going to the improvement process because the city rightofway and that rightofway can be taken away but something we try to encourage more activity areas but not to say that is common throughout this is a Residential District although i acknowledge that the character being a block off the van ness makes a commercial sorry two blocks off. A big difference. Yeah. But no close to the union street and more mixed than the typical rh2 in the sunset or richmond the lc u the code was amended not allowing seating at all for the l cus by that was amend in the 1980 bus it was specifically lout to allow the outdoor seating relevant requirements from public works that was specifically allowed. Kind of like the sub at the you muni running along them their wider and things like that and this is a block off union street you know but not really a heavy transportation corridor and no muni running often as noted limitations on trucking because theyre trying to preserve that neighborhood that is where i was going im seeking our guidance is there a subtle in residential hails a residential neighborhood and polk street and others but this is different than green street. Mr. Sanchez family if i may a specific avenue no commercial for blocks the medical cannabis dispensary between golf and frank surrounded by highrises hive residential. I didnt so Human Resources you know the planning code allowed it was amend to be specific most the concerns that were raised about the use itself and not about the sidewalk seating but loading and other things associated with the use well have our improvement staff look at it maybe seating inside to make sure theyre operating appropriately as a Grocery Stores but if not to legalize it but the tremendous amount of seats can be appropriate for this location thank you very much for your comment. Okay commissioners youre in deliberations. I guess ill start my concern with the uncle usage the little store my commission mentions my newspaper route from Junior High School i found that store to be cute in the middle of large buildings on 18 hundred pacific when it was hostess he got candy and beer later i managed the property directly across the street if the market golf is a heavy coordinator with a lot of traffic after i Public Comment is closed. It question sold it and findings parking was quite difficult what i noticed how clean the market was and how clean the area around the market was in comparison to as it was in its prior life i have concerns with specific with the neighborhoods that live above we deal with a lot of these parklets the city and the noise carries up not down it jefferson carries up i have concerns for the neighborhoods above i believe there is been vetted well enough i wished the store owner had even though i think that wounded have done good reached out further but the garage that was in question was before this board not long ago to be honest a continental permit i believe from looking and spending time on that block i managed f that property for several years and i was at green and golf regularly unfortunately, they didnt sell cigarettes so i didnt go in as a seller hes managed the property well, i personally am willing to approve. This thats my thought. Anyone else want to. I concur with that statement. I might say that slightly definite differently bodies have indicated there is an appointment are the regulatory agencies in terms of their analysis of what the code might have impacted and as stated i doubt the reduction would have done anything to the disagreement but to be noted you know the fact is that neither side made an effort to talk with the other side and im looking at this and if we deny the appeal the conditions continue i see no way to encourage whether it is the management of the delivery trucks in an orderly manner the ability to monitor the site to discourage and may not in a 100 percent fashion the double parking you know and it is i accept what the permit holder has brought forgot he can probably manage the people at the tables but i might be inclined to accept the permit that has been reduced to 8 feet but add multiple conditions. Such as. Hours . Not the hours but use the conditions from a night club before whone is that the deliveries will be directed to the yellow zone and in front of the tore or the lanes directly in front of the the store. Thats a green zone not a yellow zone. Whatever ill look at the conditions that deal with their staff going outside and discouraging the double parking. Im not so concerned about the litter and trash that was brought up i think that is the conditions. And he probably will make that conditional upon a one year perpetrator or period for a review by the department. Any responses. I appreciate where youre trying to go im not sure those are enforceable they can try to get the truck to park there but how many times a day and week do you go where the soctruck it isa yellow don again foot parking i dont know hell be successful to get a truck in a yellow zone. Do you mind if i ask the permit holder a question i recall you have a green zone do you have a yellow zone. We do if you can speextend that that would be good. I also excuse me. I am not they can probably try all they want to get someone out there patrolling every hour but how to control he has been behavior if i want to do something contingent on complaints verified complaint that may not be doable but understood it provides a metrics it can be used. So this is a tough decision and there are a lot of gray areas i believe that the addition of tables and hairs as a neighborhood serving item i also believe that from a security stand point actually traffic is traffic that is street traffic is good theres less misbehavior when there are people sitting with tables and chairs but how many is the question and thats already been protectlegi by the legislative with tables and chairs i have a problem with the representation on the website that this is a cafe and if there was a condition i would place upon this commissioner Vice President fung is would be the use of word restaurant or cafe the. Marketing and Marketing Advertising or residents to the market be considered inappropriate and abandbanned whatever the verbiage would be dont use it ill support the permit holder and is deny the appeal based on the appropriate use that Zoning Administrator has identified under whatever code you did and by the waut condition that the market owner not advertise this or refer this to services with the words restaurants and cafe or anything like description. Night i just clarify what was pointed out to me this permit is on for 9 months is that correct . Will the representative from the Department Come forth. So the cafe tables and chairs permits expires so every permit in that will expire every year so thats why it is approved to certain months and after that it is annual. So they have to reapply. Only renew. An annual fee yes aced whats involved in the renewal. Just show their valid license insurance and paying the fee, of course. Thank you. Ill take to stab move to grant the appeal and condition the permit as follows one, that the permit holder will use his bea best tofrts info efforts to man the delivery truck and having them create American People open lane so the traffic can pass, second that the permit holdthe efforts to are staff precede outside to monitor the double parking and have the double p k parkers outside or inside most of their cars and third condition to be permit holder to provide a liaison person with a phone number for people with double parked cars, blocked driveways to have someone they can call and have the people move it not immediately but within a reasonable timeframe and i like that. And lastly i would ask the department for the next renewal to review those conditions and see if theres been any effect. Commissioners and im sorry i was going to ask you to condition it on the reduction the number of chairs to 8. Yes. And if you had any preference the number of tables. I think 4 tables. Is deny the last condition per the planning code the number of seats be reduced to 8 with the company four tables. Okay. Not requiring four tables if you want beverages. The maximum 4 taublz ill try to restate it to get it to grant the appeal and uphold the permit on the Service Conditions the first ill say that be limited to 8 seats and four tables and then that the presidios use to the best efforts to manage the delivery trucks for an open lane for traffic to pass and to monitor the double parking and discourage double parking that there, a will be a liaison phone number for respond that can address the double parked cars and this the public works review the conditions at the time of renewal to see if theyve had any effect. Is that accurate. May i respectfully ask the owner no longer use the word cafe or restaurants or reference to a restaurant like description. City attorney. I think speak into the mike and i think were moving into fourth amendme First Amendment materiterritory commissioner president lazuras commissioner lazarus. Commissioner hondas. Commissioner wilson and commissioner swig okay. That that motion carries 5 toe zero and focusiy that was case and oh, my goodness. Shall i call the next. Were close to midnight and 6 r 6 ab we appreciate you leaving the room quietly france versus the department of building inspection with Planning Department approval. Give me one minute. Okay. Im going to continue to read the item into the call the item for palm avenue protesting the owners on 2014 to joshua of an allocation permit south to remain at existing grade revised to the rear yard retaining wall Administration Public hearing was held on january riffliintuitively the b out loud the time for the Property Owners to rise the plans that shows an additional design with no improvement in the rear and continued the matter for the parties to describe the resolution and submit and list of resolution well begin with the appellant when commissioner president honda returns hes back ambassador so well start with the president s agreement well give the appellants 3 minutes and the permit holders because there are two, 6 minutes. Hold off i need to make a disclosure please. I thought youd have that memorized and i wish to disclose ive hired reuben, junius rose their representation of the entity appeared will not have an effect on my decision today. Okay. Thank you. Hi again california street it is good to see you good i think we have come to an agreement so hopefully, there will be short i did review the plans and okay with them moving the entrances to the side weve all had some productive discussions im not concerned about the conditions i dont want to waste of time i think the gentleman will talk about the conditions i want to say thank you as a citizen and Property Owner and Cynthia Goldstein was hefty for roving this for us hopefully. You might want to tell the people the hallway. Mrs. Baiter. Id like to echo that thank you and gratitude to the board. Thank you commissioner hondas and all the commissioners and executive director Cynthia Goldstein and mr. Brian although we didnt speak on february 18, 2016, we filed a set of proposed permit conditions our good fortunate a long calendar we were able to settle on the conditions out in the hallway hall so ill read them the way weve agreed and if there are any comments or whatever please freeeel free tod basically accept as i will say or mr. Kevin will say were agreeing to this document to the conditions i filed on february 18th so everything that not dleetsdz speaks for itself to include is included the financier pages a1 one one and 203 filed by the board on february 10, 2016, shall be inserted into the plans to replace the former ones those are the two pages that a palm presented to the board on yoour last meeting mr. Kevin can feel free if i miss stated mini anything and shall complete the cement walkway within a months time to restore the paycheck to paycheck and fill it completes the restoration weve insert two private investigators with joe duffy well to thank and when it begins installation of the cement walkway with 9 installation and the structural details showing the proposed cemented pocket shall be be provided to dbi and the paycheck to paycheck moving on to the next page related to the security gates continue. Should i continue we both agree. Okay. There shall be no fence installed continue 8 palm and 8 palm avenue and go to a palm has a skirts on the property as shown on a1 one one which blocks 14 homes access to the homes priority property the pa agreed to 8 palm not given the key weve agreed to assess liaison theyve give us assess as well we give 24 up to 48 hours notice and there are other continues within the conditions we had minded a key that was not in the works permit on the definition of the scope of work 8 palm as withdrawn the one page february 18, 2016, there was conflict about that filing and particularly the scope of work as described and this is the way were trying to rove resolve that by substituting the conditions here we have another one the scope of work of the project shall be with the conditions thats because theres a little bit ambiguity between the scope of work currently on the permit and the conditions so the intent of that on this board whether or not how to do this to have the plans govern then some language requested by 8 palm ill read verbatim from what mr. Kevin and i have written this page if you can read along to see if i inserted a word are we agree that the appeals board shall give direction to dbi to administratively make nine solely to allow changes necessary to allow the side doors to the basement and attached interior walkway be constructed for example, the front wall of the basement unit maybe moved to allow for the intern interior walkway that is related to the side industry intri in changes that effects the concrete walkway or fighter excavation all parties agree any simple construction thshall be executed and consistent with health and Safety Standards and protective of both properties. I believe thats it. And im available to answer any questions i guess the most appropriate thing for mr. Kevin to speak. Well want to hear his agreement. Okay. Thank you. Prosecumr. Kevin listen. Thank you commissioners and in the twrrt of brevity we agreed to what ms. Baiter hsa has said im available to answer any questions thank you. Mr. Sanchez. Thank you Scott Sanchez Planning Department we certainly appreciate the fact that the parties came teeth and came to a conclusion i have concerns that the depth of the that he is it not something that the city and agencies are responsible for enforcing we dont typically see conditions if something happens they place a fence well give someone the key and it will be resolved but a lot of ad hoc conditions were read into the record he wasnt whi dont know what the city or our department maybe asked to enforce unfortunately. I dont think you have to worry it is the building inspection. I like to joe duffy is now with a conditional approval but a notice of restrictions if the boards choose if it is a condition to the permit i dont know how future Property Owners will know about those conditions that are buried the citys records as i agree. Mr. Huduffy. Or a private agreement. Good Evening Commissioners joe duffy dbi were happy their reached the agreements but the restrictions will have to meet the approval we understand that there maybe structural changes which will be in line with some of the continues so if there are changes that will be rf representative on the plans and approved by the building code. Did youre here our counterpart about the key. About the key. About incurs ability of these. Some of them i mean, i agree theyre not going to be hard well expect the i mean, the neighbors got to get along but not dbis job or mr. Sanchez job to make sure that someone has a key well not do that is okay to have that in there but not a bickering e building inspector to make sure that someone came there a door. Bans what you heard and the statement interest my fellow commissioners about the next owner and the next opener and next owner how would you advise the commission to modify what we read into the record. I ive seen cases from many years ago some stuff is in there that people give yup but that i okay to have it in under joer injuries or deatjust for the record but not to be enforced i go is with mr. Sanchez it can be referenced down the road if something goes wrong ive seen documents from 40 years ago you can bring it up hey this is what happened in 2016 stand by it if that is where it ends up on a legal case maybe thats the way to do it have it in there for the record. Something else this will not have a dog every 17 and a half inches will be enforceable. Actually, i think we have a way dealing with the enforcement of almost everything with the exception of theyre good will in allowing appliances at a further data but date but that particular issue from their own roof should be the owner renege on giving them assess i livwoul say the following what we want us to do to grants the appeal, condition the permits on the basis of the revised two drawings showing. A one one and 2. Entry from the side showing also the sidewalk and the amount of excavation on the side and condition it upon what they also asked for but gives the leverage to the building inspection that e Building Department that any additional changes they implement the interior coordinatcorridor will be administratively handed by the department of building inspection and we can say that any further corrections or additions to implement those plans will require the Building Department approval is mr. Duffy will be the arbiter. First any any Public Comment on this item . Okay. Thank you. Do you want to make a motion. I mean, i was raising it sudden all of a sudden people are worried if they have a deal they have been with expectatioceptioe other ones will be resolved the very near term by the Building Department. Commissioner Vice President fung im not sure how to reflect all the things that ms. Baiter said that turns it into a notation of notification. Ill leave it up to the building inspecti Building Department to be able to have final say on the permit administratively based on what was discussed. It seems to me other conditions that were read by ms. Baiteder that might not be covered by that i dont know if you want to leave that to the prarts parties to adopt a private estimate or try to have that the action. Im not sure they will concur to a private Settlement Agreement ovafter our actions. Well the board can continue this to allow them to sign an agreement and bring back what the board needs to do sounds like s you may be hear from each counselor. Do you have an requester answer. My suggestion ms. Barter spoke this into the Public Record and with woork with the on the record incorporate it into a final set of bulletin points that essentially ms. Batters letter with the modifications shes read into the record and use that as a basis for you know attach that to the notice of decision my fear is that we continue another week and what we have might not be here a week from now were trying to work through that right now what ms. Baiter read into the record were only concerned with the continuance. And what about a private agreement. Unfortunately, i dont think that also a likelihood this is from one see or the other side. I think bodies have an different opinion thats the problem for the last year. So not having seen the list in any of conditions read into the record consider them in detail hard to say which ones will be appropriate for the conditions of the permit that is legally enforceable so putting the cart ahead of horse unless a private agreement. Let me turn the question around if we put it in there but not legally enforceable by the city is that a so what theyll have to deal with that privately. Well, i think theyll be looking to the city for a per t permanent condition those are there more decoration. If not within the purview of the city to it reverts to a private motivator and that is American People unusual permit to put into the document. We dont dr. It itemized thats the problem. Well let the appellants coincidental speak. I appreciate the concern and it is a concern we didnt quite frankly realize i wrote the conditions in terms of modifying the permit im trying to make sure it will be acceptable to what i suggest is that we do let john suggest i havent roared but most of them will be acceptable but were concerned about combroshth the idea to have this over with that the idea not having to come back so ill suggest we put together a document and get feedback on the other hand, on what, if anything, is enforceable and precede from there. Is that a continuance. What. A continuation until the next meeting. Maybe we can maybe i have several long cases why not continue yours into the later than you think evening and talk about what to do. Thank you very much appreciate that. Is that okay with can you came to the podium mr. Kevin the problem before you speak is that your asking us to do something we have no control ether and not willingly but hesitant if i cant come to a decision modern likely a continuance. I think i heard from mr. Duffy the conditions hes heard are are enforceable with the condition of reasonable assess and ill ask mr. Duffy to clarify it if ive heard that incredible with regards to reasonable assess he agree to a certain degree the ability the city has to enforce that in the permit in front of them ive seen a number of older permit that a list of permits were attached to the end of the decision i agree that is a good faith agreement 24 7 the parties having it into the record is any further issues before the city that what about piloted to and pointed out did gather of either of the parties absence a private agreement i dont know how we make it legally enforceable at this point, were saying well continue working with you this project is not over yet and we have no problem with providing assess upon you know giving us reasonable flo notice. I think were asking suns since you cant come to to a decision well move you to still tonight further down the calendar to allow you folks to complete our agreement is that reasonable and i do this was where the rubber meets the ro wru raise your right ha refus without further ado, i dont want to waste of time on this tonight weve agents on the conditions and were on the same page the remaining item the improbability of the reasonable assess not sure. The board has before it a permits and the boards charge uphold the permit deny or modify the permit the board can modify within the context of the permit the concerns many of the conditions may go beyond who is appropriated with respect to how a permit is issued and the question is also to what extent the conditions that are enforceable weve mentioned accomplish what we sawant to do here as i was trying to explain may not clearly but the issue of accessibility from neighbor to neighbor is she can hang from the roof over and has assess to her property p. Would you like to try and make a and i mean weve gone through the big issues in my opinion to deal with this and im going to prepared to let it down to a couple of legal comments. Can i make a stab. Im going to to make a formal motion based on hopefully in a long time. Hopefully. My motion to grant the appeal and condition the permit as as follows one to adopt the restrictiorevisions in the two sheets. Are those the ones dated 21016 at the hearing last time and the specific sheet numbers. A1 one and 203. Those two sheets reflecting the change of the ground floor rear units to the side of the building. The second condition is in terms of the constraints on the excavation, evaluatilevation an depth of the sidewalk to conform to the both the survey in terms of location and in terms of the elevations that was discussed in the negotiations. Conformed to the survey in terms of the the Property Line location. Okay. And the elevations which i believe is in one of these conditions. That the attorneys provi d provided. On the second page of those cnns related to the placement in the walkway and. And the dbi to be looking at the final replacement and the last condition would be the it slipped out of my mind geeze. The gate. Nope not gates got it the final condition would be to allow the Building Department to administratively incorporate some further potential chances to the structure as they tries to implement these changes and i will include that the changes not only in structure but the walkway. There was a long wone, huh probably have a long not necessary tonight . Did i give you you crams. Yes. You are asking the board to consider a motion to grants the two appeals and issue the permit on the condition that revised plans dated 2016 with specific references to sheets be adopted which reflect the ground floor rear units, the. Inspire. The change the entry for the ground floor rear units to the side of the building. And then with the 3 additional conditions i believe one was that there is a constraint an excavation, elevation and depth the sidewalk to conform to the survey in terms of the Property Line location and elevations yeah, he didnt state that very well. You understand my intent. I need to have there has been dispute i dont want any argument about what the motion arrest reads. Ill statake another stab it the final elevation excuse me. That the final location of the sidewalk conform within the limits of the survey that both parties agreed it in terms of where the Property Line the pro. Okay. Is that. And just to be clear thats the length survey referred to in the appellants okay. And okay. As part of that. The final elevations be reviewed and a amount of excavation be reviewed by the dbi. Okay. Be reviewed. In conformance with the original grade. Okay. The last condition to allow the Building Department to norm incorporate changes to the structure and walkway. You agreed is that; right . Thats the motion. Those are enforceable all right. But the question is whether the parties feel urban comfortable relating to the other things. I want to make sure she has a point of clarification. So i point of clarification. We have to allow bodies. Yeah. Please. I want to make sure we get this right. So many times. I want to mention we have conditions that the board expressing expressed favorable. Conditions. Can you speak indemnity mike. Commissioner Vice President fung many members of the board agreed with this condition we want to see it in whatever is produced not only the whole conditions here he assume are incorporated. Please state the condition. No further excavation necessary to squatall a 4 to 6 h lab sea approximately two to three inches of temporary excavation to install. That was agreed on i didnt read into the record. I thought my condition covered that. If it did i apologize. But the final is depending on the Building Department to oversee that. Okay. And do i have okay. 0 do you have anything. Commissioners shall i call the roll air on the motion as stated previously laughter commissioner lazarus commissioner president honda commissioner bobbie wils commissioner wilson commissioner swig okay. That that motion carries did permits will be conditioned as noted. I think well 15 minutes. Welcome back to the wednesday, february 24, 2016, of the San Francisco General Hospital were calling item no. 7 Mission Bay Alliance versus the Planning Commission for the settings blocks protesting the issuance on to the arena, llc for the Office Space Allocation for the 16th Street Building 77 thousand plus grow square feet of Office Development motion m plus and well start with the appellant you have 7 minutes to present our case thank you. Thank you members of the board im tom, i represent the Mission Bay Alliance and i want to start with the unlawful closed session the brief section 321 prop m is opportunity to do and side planning is established a public process by which the Planning Commission someone else not a private developer are Zoning Administrator makes a disown an actual design features in a calendar year to allocate or not allocate within the capital available of the office space is standard ive sure youve seeing none, those covty of decision what was done with the Development Plan in 2008, motion established a in run around the process instead of a public a private process and instead of decision by the Planning Commission as to what specific projects with known design features to allocate a private space alexandra making a dedication for those four parcels that the warriors own that private decision in the inn any public forum was made in 2010 when installed those papers is it fair to say is said the letter exhibit 12 we hereby allocate x number of square feet for parcels not a decision by the Planning Commission it wasnt a decision about a specific project there was no project there was a piece of lands on 4 parcels and a land deal a sale of land not how prop m and section 321 is supposed to work you know people talk about prom as being a beauty conge de of test if you use the beautiful contest the judges of the mississippi unifies well have at mastered of ceremonies who 0 someone from south american will win as the Zoning Administrator saying someone else actually will make the decision someone from venezuela will win without actually seeing a contestants an actual person no actual project at the time the allocation of office space was done it is illegal its the basic point this motion is the final step so you have a deveterans of the functions of the Planning Department way back in 1988 the motion resolution established the process of Design Review and harmonized that with the plan we dont quarrel youll have to Work Together they do and motion all of a sudden it diversion it was taken over by the Zoning Administrator and does that this authority of law and circle after the wroirz buys the property and politics for the entitlement so the response felt warriors in tyle their brief ito late those were done a a long time its not too late ill give you a couple of cases within is terrifically verse the county of santa cruz and what those cases is if you have an politicapply challenge you cant change your pace is it so very old but applied to a new case the applied challenge it timely as then was in the timeframe of appeal for the future. The next issue i want to talk about is the accounting that was done and the brief goes into this in some detail the math there is two different math sections i want to talk about alexandra tried to transfer a more office space than quill this is assuming that motion 16609 establishes a Legal Process we dispute we keep expect that thi tells me the thing into class a entitlement on the two different translation both were memorialized how much did each of these sets of parcels get well, there is way to know that undermines the validity of the warriors coame o the Planning Commission to get commercialism of the 5 hundred and 77 thousand no way to conform confirm there is is occd in 2010 the recordkeeping is pofor the brief fact that al dpra only filed 14 required reports no restrictions after the is it fair to say savinifz is it r to say they we salesforce they mistake and perhaps followed the rules and had the special restrictions on the property itself those ahave been followe and the mistake wouldnt have been made so the fair to come apply but renders the sdwiements avoid under the code this other issue ive only got 30 seconds left ill talk about the arena the Planning Department respond this is retail space the 33 thousand Office Building is huge is a accessory to that nothing in prop m that establishes that as completely make up concept say is wrong figur you look at definition of office space you included but not to exceed office space the inclusions are specific the law is clear when you have exemptions you cant add more as that Planning Department did im sorry, i he went went over my time. You know a lot of your brief is dealing with the first major issue brought was the transfers represented to alexandra but didnt talk about the original moab Development Plan the mous that had a elevator of uses building heights that were variabili variable as as that example they only were allowed to do San Francisco some many roofs up to certain height that was variable and not specifically in locations thats true your ref to the resolution 14702. Im talking about the original moab. In 1990 okay. Well 1998 was a restart forever the Mission Bay South bay Development Plan that of those significantly revised this was a accompanied by resolution and there was this general sense yes. That plan and its design generally abowill do thing we w to see happen thats part of the beauty contest for that specific project were not challenging that wbecause it requires that the process encourage back when the specific project was there it was done here for the Design Review but the Office Space Allocations in 2008, was as much in 1709. No more questions thank you. Thank you. Well hear the motion holder. Good Evening Commissioner president honda im with gibson dunn and crunch with the s w, llc the only question before the Police Station really are two whether the Office Project is available at the time and whether the project design is a consistent with the moab design for development we believe as the Planning Commission properly found the commission met those requirements and ask you to uphold that decision given the records supports this the appellant is throwing us a red herring to ask us to dismantle this they said they were not attacking the original Development Plan i see in your brief they do as well as the reDevelopment Plan that allows the original finding and approvals of the project as they went along their way theyre challenging the Planning Commission approval in 2008, that looked at Office Allocation to andrea and letters of determination that were decided after that 2010 and 2011 any of the deductions could have been appealed to the board of appeals and very well in mission bay they choose not to do that only today when clearly their unhappy with the events there so section 321 answers to questions first, the sufficient Office Allocation to accommodate the 4 hundred plus thousand feet of office space the answer is as the record shows yes as recorded and supported by the record the lots have is an existing allocation of 26 thousand plus when was part the allocation approved by the Planning Commission in 2008, this existing allocation is shown the Program Report and record and confirmed by the Zoning Administrator by the commission it was tracked in numerous reports submitted over the years and there is a notice afforded by the blocks restricting the amount of office use every Square Footage for the alexandra can come back accounted for in immediately mistakes and the sdavr can speed up that it fits squalling within the design and it is consist with the design to be clear the Planning Commission resolution there was a document that create a framework under the framework that at this point the question before the Planning Commission is whether the project was design was consistent to support this finding in you look at section 6 of the Planning Commission section and applications that is an careful analysis undergo the compliance for the d4d that concludes it is compliant and for my point well have the rdt talk about that but the appellants case is bans longstanding rules governing moab we feel where time barred and without merit so to present the project team to present commissioners, thank you. Im addicting with the finally architecture with the architect for the two Office Towers we have just printed copies the presentation if you like to have those in person please feel free to look at the model for the project this look compressed by tut basically the view the components and the Events Center is 18 thousand square feet, the two Office Towers themselves include nine hundred and 77 thousand square feet of office space 44 thousand square feet of retail space at plaza and 9 hesitate 50 Parking Spaces with nine hundred plus at the existing garage and 3. 2 acres of plaza and open space on the site and what were looking at the two Office Towers you can see on the screen their barley barely one on the north side and south side on third street sorry one on 1 and south looking on third street and looking down from south street towards 16th street the north tower the 90 feet podium the nine hundred and 60 foot components on each building the overall plaza that fronts guarantee into a third street African Americans the towers as well is rearena and the south o 16th street streets that is kind of the curb conforming kind of design related to the arena itself and then just to highlight the components we discussed relative for the d4ds meeting requirements for the d4d ocii requirements in mission bay this diagram lawless those components there the height of the podium and the towers distance of the towers and Zoning Districts it was an the towers between the other commons on the site and adjacent sites so feel free to ask me any questions related to the offer towers and hopefully other feedback for you. Are those designs for a specific tenant. No speculative Office Buildings open for tenants or single taunattendants but the development is meant for to be for office tenants. So your space are speculative at this point and exactly open floor plates. Okay. Thank you. Thank you. Okay mr. Sanchez. Thank you Scott Sanchez Planning Department also here this evening loraine and others from the City Attorneys Office and from the Mayors Office from the ocii staff are here if you have any questions after the presentation ill start getting to the point first question is there allocation yes there about 6 hundred and 77 square feet that is available for the office space and the proposal 6 hundred plus less than what is vertebral Office Allocations vertebral for this property the second issue that is raised about the 25 thousand square feet the arena building that is accessory to the retail formulas not office space that is subject e subject to 9 Office Allocation space thats clear this is not an Office Building it is an arena retail with the accessory uses it is clear from the analysis contained the brief for retail formulas there was questions in the appellants brief i think weve outlined clearly in the planning code we have independence it is defined as hotel use the appellant agency agrees it is horticulture circuited and in responding to the question actually on appeal the Design Review for the office that is before you they contend there is no Legal Framework that the Planning Commission was outside of their jurisdiction when they took certain actions and noted theyve gone back and critiqued the motion 2, 3, 41998 that established the framework for how the Planning Department and Planning Commission will be reviewing projects in moab the motion in 14702 since that time two decades ago and an appeal think outside the box that more than well, 1. 4 million square feet were allocated not part of alexandra district those go infrom great 2000 in the county date and in 2008, the Police Station adopted a rule and regulation to help implement prop m and the cladding it is quite clear the rules and regulations they shall have authority to adopt the rules and regulations that may deem determine are appropriate to carry out the provisions of this section in section 322 and 323 all the Office Allocation provisions i note we have Great Respect for prop m but prop m didnt create the office alleviation precisions that was create as part of downtown plan that was a limited provision and prop m added to it further the language wi about rules and regulations predates prop m im comfortable with the action the session to allocate this for review some issues were raised tlaerp Laboratory Space want to encourage those spaces that was noted at the time and prior introdu prior to the alexandra district the answ were looking those as completely as office and note that large amounts of the buildings are laboratory so over allocating for those buildings and those Office Allocations can be a valuable resource something we need to the clerk will take the roll monitor so the Planning Commission reviews this proposal and determined that in discussion with the project sponsor they could as part of alexandra district indicated for the property theyll think about 14 properties about 2. 5 million square feet of space of that half will be office so the commission came up with that the framework to allow for greater flexibility for those uses the true uses of the building could be reflected it is not allocated three hundred secret for lab and 44 thousands square feet Public School office sunshine this is provided greater perplexity flexibility a lot of almost a decade oracle ago no challenges but they considered Design Review foyer part of the alexandra district the Planning Commission has innovate in must way introdutri occur sent the Design Review here the appellant raise the owner of the beauty pageant it is not that contest it is something that the Planning Commission has discretion though how to process the application they have rules this satate there had been no Revocation Authority typically given 18 months and the policy adapted adopted and in place since 2001 after after the crash the commission will laundry those applications and not revoke unless theyve determined too much time has passed so too is clear from other policies that the Planning Commission has the for the right make rules and regulations that are didnt the codes and no restricts is have there been shortcomings not all the reports their up to date when someone doesnt meet the conditions we have them come into experiencompliepsz and etc be everything has been recorded i went through the spreadsheehouu appellant cannot august the numbers dont add up it is clear this is the appropriate allocation available i believe that the 25,000 thousands square feet and the arena accessory is not theyve reviewed the Office Buildings that is before you open appeal the Design Review the appellant stated never occurred to thiaga i appreciate your uphold the finding thank you. Okay Public Comment a show should have hands how many people will speak if you havent filled out a speaker card if you could line up on the far side of the room to help the speakier faster and commissioner president honda has indicated each speaker has two minutes because of the calendar and the hour please approach the microphone and start speaking. Being ambassad good eveni d evening thank you for your stamina im to me i live in dog patch about less than a mile south of the development that is projected ive been involved in listening and learn through the process as much as i thican the warriors people are inclusive having merging and showing you thing ive heard argument by the Mission Bay Alliance people making the same auditoriums repeatedly often their rebutted and continue to make them my prospective is i have a piece of paper that a young woman who lives in dog patch she had to go to class but this is an economic engine for mission bay for dog patch, it is going to bring a facility that San Francisco lacks you talk about every worldclass stay it is an arena of this size sporting cultivate events for holding conferences we 2450ed this here the planning ive heard the transportation plans have been comprehensive very wellthoughtout the contingence my friends like this idea plus an 8 acre park for the terry i hope other pounopponents stop splitting hairs dont add up to a reason not to continue this. Thank you. Next speaker, please male ahello brown paper bags for your time and patience in this hearing process ive christophers the director of operations and managing partners for several restaurants as well as usf the warriors have a goal to engage the community and garden the feedback from this neighborhood been how their project will impact them i understand this heartening today is in regards to prop m and the Square Footage the proposed Office Buildings for the jeanette to the Warriors Arena i think the 50 thousand plus square feet was allotted it a simple math that the warriors are reaching underneath the allotment i applaud them in their restraint in building out honestly a tough thing for this board your job is to it is operationally is it push the progress it is easy never perfect we have to figure out things everyone offender that owns a best they have to check things off and usf to make sure this project will be to the benefit of the neighborhoods 24 isnt about Square Footage you see the same minority to reach out for any straw i get it but process has to be made what a pretty sound progress it up to you guys plus or minus i know this much that space is a valuable someone is moving into it a bunch of 9 to 4 Office Workers i own restaurants many easier mthan night time businesses it is offpeak and weekend traffic preliminary that is better forever the hospital. Thank you. Next speaker, please. Good evening, commissioners my name is thomas the golden state Warriors Arena at mission bay will bring the synergy that is needed in the city it would enhance the citys presence the sporting arts and cultural world San Francisco is known and then a walkable city to walk downtown to the venue but on their walk they choose to visitor the Small Businesses along the neighborhood would be economically envisioned sporting organizations like even though warriors attract national and integr International Tv audience San Francisco and the region will adjourn be the beneficiary of some coverage circling the tourism Field Mission bay has a strong presence in terms of medication, biotechnology, and tech in general sport can also be regarded as a health and wellness matter so in that sense the arena blends in with the neighborhood and health and wellness is a growth sector in San Francisco and the economy to the sporting venue enlightenments that spectator thank you very much. Thank you. Next speaker, please. Good evening. Im joel copy emancipation proclamation he will here as a San Francisco recipient i grew up here and went to school and bought a house and here representing the Building Trades and Construction Council as desolate to that group and speaking on behalf of the electrical workers and the association our Labor Management could cooperation competent is in full support ive been to all the hearings i mean all of othe theyre appropriately approved i understand your appeals are part of the processing process were here speaking for the denial of the appeal our bros of labor that live in the city are for the city are contractor businesses located the city are in favor of this project the project will employ san franciscans and members of the heinec h apprenticeship it is a necessary and desirable use of this plot with the combination of the commercial and open space the entertainment again, were here in full support and i urge you to deny the pole. Thank you. Next speaker, please. A apole. Thank you. Next speaker, please. Pole. Thank you. Next speaker, please. Pole. Thank you. Next speaker, please. Epole. Thank you. Next speaker, please. Apole. Thank you. Next speaker, please. Lpole. Thank you. Next speaker, please. Ole. Thank you. Next speaker, please. Le. Thank you. Next speaker, please. E. Thank you. Next speaker, please. Thank you. Next speaker, please. Ive been involved since 2013 i think ive been to every single public hearings im confident i may have missed one since the Mission Bay Alliance is involved as an attorney i Pay Attention to their arguments and he can say honestly theyve failed every single time thats why there was a clean sweep at all of the hearings with all the city hall hearings theyve come before you an appeal and tonight and once again their throwing mud at the wall their waste of time and it is taken time to get to this point if this year best legal argument has to do with with the pageant he couldnt quite said their stretching at this point now theyve made up standoff consistently and gone to the presto get people to read their articles about the Mission Bay Alliance theyve thrown misinformation and hired a public residents firm no principle party in opposition, in fact, the mission bay liaisalliance it operationas the donald trump i dont know the substance but the community is behind this project youve heard it time after time and from the other hearings and here the Community Wants you to reject this appeal i ask you to reject this appeal thank you very much. Thank you. Next speaker, please. Hi there im jen curtain id like to see the warriors in mission bay ive lived in in which and when the giants came to town i bought there i a lot of love what a Sporting Community is it is vibrant and in use of force moab will be a great home for the warriors and the communities needs life that lot needs improvement and borders the open space is wonderful path walk and run path lo would be ideal and the warrio warriors have solved the transportation and the hospital is on board it will be wonderful for the community thank you very much. Thank you. Next speaker, please. Hi, im ann manned jones he approve the Warriors Arena because i really believe that a hinders many of the programs within the area and also i strongly appeal once again strongly appeal because i feel like do it the alternative place i feel like it would not progress i feel like there are many different areas in San Francisco for this easterather to be put besides that specific place why do they fight for to specific place the purchase and the park theyre building comes a long way but two separate projects i have a strong voiced opinion been the appeal because i feel it will create a huge backyard parking lot and the community they wouldnt even be able to commute as easy as they would a few years ago if they do approve so i approve the appeal and dont think this project should go through. Thank you. Thank you. Next speaker, please. Any president and others members of the board and ladies and gentlemen, good evening. I am natalie i strongly support the mission bay appeal why the locations of this office to the arena and to the treatment complex buildings prevents other more worthwhile offices from the preceding in San Francisco. Again, i reiterate i support the mission bay appeal thank you. Thank you. Thank you. Next speaker, please. Good work commissioners and everybody my name is gina i know there are limitation for office space to be owned by the warriors will jeopardizes the High Health Care and other things that will swallow the office space the mission bay and stifle further growth for the areas by being biotech takeovers for those reasons he support the appeal thank you. Thank you. Thank you. Next speaker, please. And if you havent filled out a speaker card and give it to the secretary that would be helpful to do that. Im support the mission bay appeal thank you. Thank you. Next speaker, please. Hi, im with the Mission Bay Alliance all the way i approve this pole because the popping allocation is part of arena and Entertainment Complex that is damaging the mission bay and with that said, the appeal board shouldnt take any actions to further this. Thank you next person practical step up. Good evening my name is kirsten im with the Mission Bay Alliance and we do support the appeal because prop m was the will of the voters and the rush process applied to justify the allocation of office space to the Entertainment Complex is unsupported thus, the appeal should be upheld thank you, thank you. Thank you. Next speaker, please. Good evening my name is monique and i just simply want to say he support the Mission Bay Alliance and support this appeal as well thats pretty much it. Thank you. Thank you. Next speaker, please. Hi good evening my name is chris walker here with the Mission Bay Alliance i say i support the appeal have a good evening. Thank you. Thank you. Next speaker, please. Hello good evening its been a long day i appreciate you guys being here im Tony A Bayview recipient i live in walking distance of this complex versus i dont know where those people come from and who is motorbike alliance thats a pop quiz this Events Center is something that we need on our corridor to bring some vital to the southeast sector of San Francisco San Francisco deserves a worldclass Sports Center okay how will we call ourselves a worldclass city, and, secondly, ive been at every pu public hearings and everyone votes anonymously and one of the gentleman mentioned im hoping you take that take into account the warriors have reached it out the community ive been to several of the cac meetings they come to our neighborhood and sit needs the library and meet with i guess to make sure the transportation is addressed they make sure that is this something that families really can benefit from of course, theres not a whole a lot of activity that gops the southeast sector im thankful that the at t park can into sour neighborhood and now to have worldclass center Sports Center i know there is only 44 games but Tree Lighting and the Farmers Market there and other outdoor functions we can walk and stroll and do bicycle we have the Bicycle Coalition sporting supporting us reject whatever the alliance is saying thank you. Thank you. Thank you. Next speaker, please. Good evening percentage my name is victor. Ive lived the city for over 35 years the same neighborhood in the western edition i have three children and i love what the warriors are trying to do for the city i think that will be good for the city ive seen the city change for thirty years and ive been used to change my children ride their bicycles and the skeerts in the embarcadero and ride to the ball park and make use of this change always happens change is good a as long as clank it in a good manner the warriors will benefit this city i love this city and love to see them come back here my Children Play ball and other children if the schothe school. Any Public Comment on this item . Seen well move into rebuttal starting with th gentleman. Capture of points if rebuttal the Alliance Appeal will try to decide mammal what the is happening to the motorbike south that is not accurate thats my apply challenge it abowill dismantle project has nothing to do with only this specific approval for this project the other issue i was talking about before in terms of the accounting there is another reason why the Office Space Allocation that the warriors think they have is not there and thats because of labor market administrative space if the motion the decision was made that the Laboratory Space is not office space but the administrative space is, in fact, office space people at computers to support the labor market manage the labor market Li Laboratory Like Office Space this line drawings exercise their engaged to accept from the purview of section 321 areas that are clearly office space is not supportable legally so given that again, theres an unknown quantity of the office space that was considered to be not office space and thereforeable to be calculated back using that term you went the code relevant back and look at it 4 Previous Development and said not all of that what office space it was laboratory well take some of that space and make that available for fufrture projectse know about the accounting was not done with respect to the 25 thousand square feet in the arena building the Planning Department had another racial not included in this destine review slash decision somehow this building is different from the other buildings if you look at prop m is used for different terms for this kind of term office space, Office Development are projects no where does is use the term building for pumpers of deciding that on this one project that has 3 buildings well take those buildings singularly thats not how the planning Code Provisions that reexisted worked and theres no Legal Support for that so the moab alliance asks that this board avoid motion 19402 and find this project and have the Office Allocation the department is saying it has. A quick question. I just want to make sure im understand your aircrargumeu dont knthink you have an offic statute of limitations but if you have a statemeute of limitations youll get to the part of the 25 thousand square feet in the arena building the omission that have from this motion and the Planning Commission determination it a separate levgal violations this is current regardless of the establishmen statute of limitations. Okay the allocation or the accounting. You answered the question. Actually. Not subject to the statute of limitations in terms of the failure of the alexandra to have the amount they thought they had it is a separate accounting on or about that was not pubically notice it operates on the rule of discovery or should have discovered the violations that was a private action and came to light after we filed the opening brief. If you have an argument that was told collerrect. Thank you. Ive got a simple question for the san franciscan has been following this the newspaper who or what is moab loans. We so the mission bay is a Nonprofit Corporation and as the board of directors theyre the foufr founders and the members bill is on one of the building and several other Board Members that is what and basically the boo tech. Yes. Very invested from the biotechnology industry particularly in the motorbike neighborhoods. Thank you. Well hear the gentleman you have rebuttal. Neil for the project sponsor so nothing ive heard from the appellant changes the discrimination before i the first one is there allocation available there was allocation available and no math errors then the second question is it the design disorder development there is plenty the record that supports that as to whether it is an applied challenge or the desire district the Zoning Administrator spoke probably for eloquently in terms of americans authority as the validity but the as a matter of fact the body was the allocation of the district the district seessentially a recordkeeping tracking so the office was at offver looked at e alexandra had to recognize that prop m has Laboratory Space to make sure theres not an offer allocation but not above what was approved the overall irony the maintaining has issues are the center and challenged it on that sh should they try to dismantle the alexandra district in a way that is problematic for other projects it essentially there is no into chaos the goals theyre proposing to have a r06b8 Health Care Development within moab and the Office Buildings will be consistent with i would understand their overall gospels for mission bay to be while they ha may have challenges the event center i dont know why their chances are their unfounded on the n s r theyre under the conditions of approval theyre met alternates n s r were remedied so theyll continue never a question of the allocation there or not and thats all i have. Okay mr. Sanchez. Thank you. Thank you Scott Sanchez Planning Department just 0 reiterated the alexandra district as was a proper ruling rule for prop m in 2008, i would note through the course of alexandra district leading up to 2002 and 2008 there were at least 10 public hearings that the Planning Commission held with the allocations to 9 district was created the creation of the district and to subordinate Design Review has been a significant public process and issued two levels of determination pursuant to the alexandra authority that was determined if the alexandra district those railroad not appealed and subsequent to that as you recall there was a deal that salesforce talked about people knew about that and were seeking additional allocation they substantially decided not to do that and choose to do instead no public oppositions i was aware of and certainly not of the sort of were seeing here. Can i interrupt you one second. No, no ged. Thank you. You have time in terms of the this on a appropriate determination their allocations stand so the placing revoked them theyve not revoked them theyve heard this on november 4th and at the if they didnt feel that was appropriate they decided to rise that issue and could have addressed that but reaffirmed that on november 4th nothing that preconcludes biotech uses when concerns are raised if Public Comment 24 will change the character of the district with the Office Spaces the buildings are design for obviously this is the concerns were raise from the people that like to see the district what is before you its from th been appropriate line by line and four but for detailedth of the uses and all the appropriate office uses have been appropriate and that was the sum of any comments but im available to answer any questions. Do you have a 5 seconds he interrupted you rudely. That was the pilot going on before. Not the nice soundz one. The public one. Commissioners a question. So i sense in your remembrances i sat on the Redevelopment Commission for hours and hours i discussed the salesforce project and never once i see some folks that sat here with me and never once do i recall any body being upset from the office alleviatioocations i recall it was far grander in Square Footage this than the screaming it is it is auditor here today as my memory correct. Thats my recollection actually, if i could have one final comment weve raised concerns about again, the arena building and not counting that office space this space is exempt in total you cant count exempt space it is enappropriate. So what was confusing to me nobody questioned the Square Footage im kind of feeling we dont like this project therefore not like the building and therefore the Square Footage is all wrong i just thought id i dont remember any argument on the numbers. When we approved it. I have one. Objection to the allocation depends on the demand you c i know there was a time the demand was great that the Planning Commission looked at those with signed tenants as a precin predict o prebe requisite. Thats true beyond the space that is looked at through the alexandra district that allows that beyond one. 7 million square feet in the large cap certainly it is a very i have one question or clarification so counselor for the appellant mentioned that the biotech paspace was not originay allocated for popping it is not office space and the place was reappropriated to g s w space . Going back to the it was all implemented the early projects were under alexandra were a mix of lab and policies and procedures but when they taught u sought the authorizations they were authorizes authorized for every square feet in 2008, that was the dattorneys points but like said to that we were over allocating to anything that was not office. It was and or so office and lab or over and over offi or. Theyre built as lab and office space. But we were sdooiflt the building fully of it was lab space and even if it was not office we were giving an allocation it was unused the purchase to better use this it was stated that the projects were 14 years project 2. 5 million square feet if we were sdooiment that we were over entitling it i think that was 2. 6 million. Thank you for clarifying the mission bay recently in terms of the uses was a variety of uses it was 34 not biotech in its original formation when it started with the entitlement. In 1990 before that you wound up the plan approved didnt have that actually, the biotech usage and the change reduced from its original intent. I remember that is castle boundaries forever. Thank you. Thank you. Commissioner adas, the mat is submitted. Well if you read the briefs their what was before us was a. 321 determination and allocation Neither Party brought up very well, the issues that are within the code that relate to the 321 determination that was broader the issues they were brought up were illegal if we look at those the question is whether the two or 3 primary issues brought by the appellant whether i found either the reconstitution of this alexandra district, the Square Footage allocations, the question is whether i find his argument compelling i dont find that likewise nobody has brought forth all of the things that the Planning Department commission looking at volumely in terms of this on or about. Im clients to deny the appeal i dont believe that the use of facing for the appeal have legal standing and once i get is that determination he can not approve it. I concur with my fellow commissioners commissioner Vice President fung would you care. One suggestion to the extent you have an opinion on the merits like if you could hear the reach the issues they were not times and an opinion on the merit you could decide the alternative so that they are time barred and even if they were not time barred you it was a lawful designatilegation. I have no problem i felt the materials that were submitted describing the project were quite satisfactory and it met the criteria for the buildings if in district. I think the question is whether it is time will be determined in court. So regardless of whoever makes the motion and we all seem to be liquored up wi alignend aligned so regardless of motion well be gathering the thousands ofiquored up and aligned so regardless of motion well be gathering the thousands quored up and aligned so regardless of motion well be gathering the thousands uored up and aligned so regardless of motion well be gathering the thousands ored up and aligned so regardless of motion well be gathering the thousands red up so regardless of motion well be gathering the thousands ofed u so regardless of motion well be gathering the thousands d up o regardless of motion well be gathering the thousands up a regardless of motion well be gathering the thousands up an regardless of motion well be gathering the thousands p and regardless of motion well be gathering the thousands and regardless of motion well be gathering the thousands and regardless of motion well be gathering the thousands and regardless of motion well be gathering the thousands a regardless of motion well be gathering the thousands aligned of motion well be gathering the thousands ofaligned so regardle motion well be gathering the thousands of ourselves to deny the appeal will be regardless of time bar or not. What im suggesting you could find that the claims that the argument are time barred the attack or challenges to the validity of the resolution from the 1098 and is motion from 2008 are untimely but could find the alternative that they have no merit if you accept the argument of the project sponsor because they agree i go a both the statute of limitations bar and also the merit im suggesting you could seemed like anyway, i want to make sure you understand you have that option to decide open those two grounds. Well, ill be prepared to make a motion i believe we need to have draft and environmental finding as well. Im not sure i will go along with that in the sense that our finding is whether the argument the broad argument made on the determination were correct and i think we should basis our decisions on that. Im not sure i im following our sdwingdistinctions. So the question of the time barred what is it is a legal question im not sure ill get into that. Im still inclined to make a motion to references i guess youll know. Go ahead. Yeah. Absolutely. Im going to need help open this going to move to deny the appeal, on the basis that the legal challenges to the two undermining resolutions were time barred but further the project has composed met the requirement of the planning code. 321 determination. 321 determination. Loabased on i dont want t put word in your mouth is it accurate to say that is based on the testimony and the briefing and the evidence of this hearing. Not just my imagination. 18 hours it took to read it. laughter . I believe we need to also not only adopt the environmental mr. Larkin by some the monoxide i dont know if you want to include that theyll be comprehensive. So im going to try im going to need our help to deny the appeal and uphold the motions that the legal challenges to the two underlying actions. Underlying resolution. Underlying resolutions and motions are time backwards; is that correct . Yes. Neatest the section 321 of the planning code and based on the evidence presented and that the board is to adopt the findings and conditions of the Planning Commission reflected in this particular motion that is motion one 0592 and also the draft environmental finding that were provide to the board putting those on the overhead so theyre in the record ; is that correct. Thats my motion. Okay. Good motion. As coauthored on that motion commissioner president honda commissioner wilson adopt all of that; right . Thats the motion. Well, then no. Commissioner swig and commissioner Vice President fung should have called think you first laughter my problem is only with the one part of that but honestly. In terms of the over broader issues of the project and im going to vote i. Okay. So that that motion carries with a vote of 4 to 1. Thank you. Commissioner president honda shall i move up and call the next item. So the next is greg season versus the Zoning Administrator and the property on embarcadero street appealing the issuance in 2015 to the hayes, llc for the parking and loading variance to allow no off street with the arresting cascade are embarcadeexcelsior street on haze street that provides two Parking Spaces within 25 feet of the main front wall and if the appellant can stepped well begin the proceedings. Id like to make a disclosure i wish to disclose ive hired reuben, junius rose their representations of the entity before this board will not have any effect on any decision today. Okay mr. Stephen when youre ready. I have visuals lets see. Im sorry. Okay. I have a couple there we go. Figuring this out. You want to wait until robert comes back. Ready lets wait until people stop by. Were ready. Hi my name is Greg Steve Richie the ceo of theatres and this on or about were talking about is about saving something that is as grand as the castro theatre and not making the mistakes like with the fox theatre and years and years of regret so i wanted to kind of poetry what were sort of dealing with you have a theatre that is has this people have not yielded seen the inside for over 40 years they dont realize what their giving up to the community didnt know theyre making a dedication that may have saviev consequences it is important to know that we were with approvpre have the ability and put on the ballot and have the community decide the issues once and for all weve within in retirement and come out of retirement the city has not done a good job of saving the tlaetheatres theyve betrayed the people this issue is about that the handing theatre is a historical property that was like a invavaudeville theirs dressing rooms a stage where people can use it what were death penalling with is a being able to utilize this hectic resource Historical Resource weesource wereresour werehistorical esource werehistorical esource were historical esource were talking about i basically have this slide out and what you har and what you haand what you hav were talking about i basically have this slide out and what you have is that you have to understand when i create a studio or have a Performance Space i must of freight assess to the rear if you want to put in sets and why it a Historical Resource you have to have access and what their i believe the developer is doing their telling me telling the city what they want to hear but when you check the check it didnt add up it doesnt make sense for instance, there is some sort of an agreement for them to get a variance they need to share little assess with the independent which is a music venue for two days a week for 5 or 10 deliveries there is no productive of this agreement they didnt pursues prs produce it in any exhibits they have not met the protoeponderates theyr saying they have a but the statute of fraud is not in where else that is enforceable or legal you have it where this unique facility which has this is a reare public resource if there is isnt nothing the western edition were throwing away something because no assess theyre going to say theyre doing this to help the artists and good pay new look at the detail you contact them and look at it their website the performance they have are people doing dj and spinning records it is free so it is what the problem artists being able to get paid not exposure didnt pay the rent money pays the arraignmerenters and printing turns out opportunities for real performances if you cant use the stage and not get to it, it is a Historical Resource theyre going to get rid of the seating where will people sit so this didnt meet at all the criteria section of the section that of 305 c. And it didnt meet any of those, in fact, if you look at the rare details you realize that the what they call a disadvantages with the lshaped lot is what is an disadvantaadv according to debbie brand new baker they said the problem with the other spaces they dont have rear assess and without the youll have the same community betrayed the numbers were high in one particular case well pit this on the ballot and use public funds to deal with that and solve it once and for all well deal with that solve it and the interest of the community and so it is very, very important that we have access to a stage and ask questions about how would you get a performance performer if only two deliveries a week breakdown the equipment and do things the reality of what theyre proposing and actually be able to use it is a viable as an artist didnt exist please dont allow this variance to go forward. How long have you been aware of that theatre. Been aware of if for quite long time. Meaning. We were trusting if you look at what we did when we put prop l on the ballot. Sir. Out of. How long. Would you answer my question please how long have you been whatevaware of that pr less than 6 months. So the venue sits youve been aware of for. Ive seen the venue over 10 years ago. So any question you mentioned that youre putting together a ballot measure to try to solve this issue. Right because the Neighborhood Foundation the city has not done its job. This building has been for sale a long time. It is not for sale you. You said 10 years ago it was for sale. But people have no means of the funding there was not an answer we are proposing an answer that will be dealt with it is not a blight to the city we care about the city and the city needs to understand. My question was answered thank you. Well hear the motion holder. Mr. Silverman. Good Evening Commissioner president honda and commissioners im David Silverman working with the project sponsors mike and pat on this project theyre both here this evening as the project architect mark whos office on the same street the variances relate to the preservation the harding athlete on vest did care and on haze street the project also amazing approved by the Planning Commission on november 19, 2015, the project is the result of more than 10 years of effort by the project sponsors to meet the interests in safety the theatre ranch demolishing it for a large project that was originally envisioned the threat seized operation 43 years a more recent church use vacated this site in 2004 the theatre has been vacant for more than 11 years apart if preserving the athlete the principle will reactivate the site with newcomers benefits for the neighborhood and in fact, the neighborhood groups have approved and promptoted th project we have a letter if you havent seen it. Mr. Stevens primer concern as expressed in piss letter and testimony is to promote art space and artist studios no such use of the harding tleertd for more than 50 years the appeal is therefore disingenuous no merit to the exclaims did Artist Spaces will be lost this is an incorrect statement in addition the logo an mr. Stevens appeal brief and hesitate testimony tonight refer to his desire to save our theatres well, this is exactly what the project sponsors are doing theyve recording or washorking hard over 10 years and therefore, his appeal is baffling move on along to the variances we fully support the acts of Zoning Administrator id like to note that mr. Stevens made a similar presentation to the Planning Commission on november 8th the commission unanimously rejected under stevens claims and approved the project as well recommended approval for the variances the residential building on haze street provides an assess to the rear the theatre contemporary to the testimony there are double doors at the rear of the theatre and that attorney there will be assess to the double doors if haze stre hays street. Ill go over the variances but if you dont want that ill i turn this over to my colleague to show you the access thank you very much. Thank you commissioners mark im the architect for this project i do have a plan here it ai addresses overhead please. Pardon me. Overhead please. To the right of the drawing here is hays street and again, this is noted as an lshaped lot the theatre faced embarcadero and a 45 by 4 area were looking at proposing to build a new 7 unit residential structure above the empowering that raiemains t e grievous bodily injugress and has a set of double doors 5 feet in total right here and were maintaining with the egress that comes from the north side of building there will be a enclosed the new residential structure will be an egregious path that will be vertebral. Building service so were not the property tenant is primary looking at taking a lot of their thrives through the front of building for the bars their pope proposing into the space to house performances and a game arrest scald and 3 bar areas within the existing building. Its not been a theatre for over 40 years and weve got sponsors which have voiced support for the project and theyre very eager to see this building brought back to life as well as the vs. Did care associati this will have egging grass egr maintain an assembly uncle for 5 hundred people thank you. Thank you. Mr. Sanchez. Hold on mr. Silverman what is youre trying to submitt. The time for the board has to agree to accept any additional document if you want to bring it up for rebuttal. Scott sanchez Planning Department the subject property is an l shape lot around a corner at haze and the vest did care with haze and it is remain in character as the alamo squch liv whats reviewed by the acting Zoning Administrator in november a joint hearing with the Planning Commission the Planning Commission considered the krufbs for the uses within the halgd theatre and other entertainment, etc. That was considered we the Planning Commission and mr. Teeiague t 45 foot wide proposition proposed that runs on hays street in the residential neighborhood it is harassed 3 components the rear yard 3 criteria weve discussed they have criteria not the 5 findings necessary for the variance it was clearly articulated the modifications the variance was befo for the off street loading substandard but cannot cant be in the off Street Property and the variance they are proposing to have the spaces within the first 25 feet to note the code allows one applicant so one offstreet parking within the first 25 feet but not two Parking Spaces it is a quirk the code so mr. Teague denied that and noting that there will be no in relatinegat declaration negative impacts to be clarified one issue raised by the paraparaperapeapepeeappellae rear are standards double doors no height this is something youll see walking into a building what i was first hearing the appeals that was the large doors were for the opera that facilitates it is simply a originally covet a standard slots on the overheads and some double doors if i could get the official please official please. Official please. Pretty please. So the, if any, there we go this is the portion of the property where the new residential building will be contradicted very much in character with the street on haze and then the area that qualifies an open portion the lot and be able to go through the double doors open side this not really much reduction the quality or the assemble ability of the off street loading not the dedicated space but it is somewhat a question of the prioritization and the project sponsor said the space is not needed for the operation of the Retail Entertainment ultimately we have had 7 dwelling units out of citys Housing Stock and in fill to be arguably applied to property on a residential street no negative impact by just by granting the variance i think the public we feel is south side of by the in fill construction it is appropriate i want to direct your attention to within of the things a letter of support from supervisor breed and wanted to make sure you have that in our packyour packet and project with the conditional use authorization we have a mroplang code provision that requires the conditional use authorization from the theatre inform a legal use not required because it is not legally now a movie theatre but now a Church Overall the benefits the project as well as the lot configuration and this chiropractor of t character character of the neighborhood grants the two variance with that, ill be happy to answer any questions you may have. And its get late for us all thank you. What of the the observatije to the larger residential project. The main concern the project sponsor can address that about the destruction the impact on the theatre itself ace the demolition. Yes. About the racists and it keeps it you know flexibility to use it as for entertainment and retail this allows for the Residential Development along the hays street that is consistent with the front. Thank you mr. Sanchez. When i see projects like this i support this project but i often wonder what has the residential whats the responsibility to the project sponsor of doing what needs to be done here im diminishing the portions of the housing but if they built the Apartment Building and nothing happens on the blighted theatre that is really the core of what is important here on that project. Thats a good point the same issue with the core net and showing that is maintained and it comes down to the vigilant enforcement so we want to make sure that the defining features with preserved and well get the department of building inspection to get the ordinance to make sure the building is secured and in the lead to further decay its a challenge ho peep want to let their buildings set and it is challenging to deal with that were cognizant and respond to complaints that come in like the sore not the cornice but too late for that but the alexandra so we have gone on site visits but to make sure that the building is secured and maidntained that ha a hectic entrepreneur and want to preserve on that same thing the parking lot has approval for remain construction so insuring that that happens as well as the building at the front of theatre is maintained. Thank you. Thank you. Any Public Comment on this item . Please step forward. Again, because of late hour and the number of items to come 2 minutes for comments. Im an aspiring singer how can i perform in the theatre i dont think my friends what perform i see side website i see arcade and dj theyre free for first and foremost how can this person offer artists space to perform a space to plractice an have art i dont here that i hear mavsht telling you what you want to hear thats about it okay. So if you want to maintain i throughout was originally a spouse spacing for artist to create work this is not happening yes, the it theatre is blighted that will be their describitroying the anccet is exactly what will happen then what another bad project i codot think alu you should pass it. Would you care to state your name any other Public Comment as y seeing none, well have rebuttal mr. Stevens 3 minutes of additional rebuttal. Well obviously we would increase that size of the double doors so theyll be actually able to accommodate and used this studio and be able to put sceney and sets we want to make that a constant creation not at a movie athlete but a way to create gigs and that we would do all the work and for you, we just want the people to have that choice a huge reflex by allowing the housing that is really what we want not really that deserve on that and when you check the check and look at this agreement their shearing with the independent that raise a flag doesnt make sense to me not at all why are they doing this and on a proof of the agreement you have to understand were doing stuff something for making Motion Pictures no studio space at all if San Francisco you cant have an Entertainment Industry not doing it jimmy kimmel rectanglive no place to that San Francisco would be able to create more than the 25 jobs theyre talking about but create and colony this is something that is funded and decided by the people weve proven we know how to do that our era weve transfused the city and let this other group do their thing were at the left tu11th hour and getd of of the last athlete and plea it stave safety to check to make sure were more than happy to make everybody happy and the city happy we should consider that and also look at the regrets weve had of considering within the thoughts imagine that San Francisco had cable cars get rid of vaudeville and put in this and take it off and load this is heighow 24 was done in real world i know i went to film school at usc this is housing that it didnt be consistent and pull in trucks and an industrial and in and out thats why nothing economically feasible well make it feasible that computed the double doors and making that a real studio and viable that is theatre that is why it is historical is because it has that stage that the other ones dont have ve we should make that real thank you. Thank you, mr. Silverman. Thank you, commissioners we received today a letter if north of handle Neighborhood Association supporting the project in the variance it is available if anyone wants to see it ive turned in some copies and im ill be happy to answer any questions you may have. If not thank you. Oh, i have a question so as the appellant has stated that what is the guarantee that i dont build the living space and decide to ban the theatre space. Thats a great question a signed lease with the tenants and a renovation has begun on the theatre in terms of painting and so forth so thats the guarantee a as i understand contract. Okay. Thank you. Thank you. Mr. Sanchez. Thank you just want to briefly note the concerns related to the operation of the harding 2450er9 have been approved bad actor in november no appeal for the conditional use authorization that project has been final and approved so everything this is related to the actual theatre has been approved and no appeal waltz filed this is related to the facilitate on hazy love the Residential Properties you know in terms of historicectic uses have nonresponsive been larger doors and this is concrete so no larger doors theyve historically made due with the smaller double doors also in terms of having kind of an intensive loading and unloading the concerns is from the adjacent so this is is property and in negative impacts on the community weve seen that there the neighborhood groups as well as the supervisors im available to answer any questions. Thank you commissioners, the matter is submitted. And i just want to remind you, you have before a rear yard administration that was under the discretion standard and variances that are whether or not they meet the 5 sections of the planning code. I guess ill start so my office for 8 years was at 403 the visadero across the street from this theatre ive been the theatre several times the neighborhood was gldelighte many years ago the fantastic restaurant we leased that property it was an abandoned laure laundromat that properties has been blight for a long im sad to see athletes go im from San Francisco the one is not there and the alhambra before is a gym and the coranet and the alexandra is a mess you have paint chip off the side of the buildings this is a positive Going Forward and theyre actually going to i mean, were in a financial war theyll try to preserve as much space they need to make units i think that would be an improvement not neighborhood to the neighborhood. So another motion. Deny the appeal and uphold the variance the rear yard administration on the basis the Zoning Administrator never errored or abused his discretion and the variance meet the requirement for the planning code section. Exactly. Thank you. On that motion commissioner Vice President fung commissioner president honda commissioner wilson commissioner swig okay. Thank you very much that motion carries 5 to zero and those acts by the Zoning Administrator are uphold next item item 9 Timothy Adams versus the department of building inspection and Building Department approval the property on russia avenue to richard of an alteration and bathroom at ground floor we appreciate our sticking us all those hours. Ill reiterate we appreciate you picked a tough night. Thank you very much very much for your patience and service good Evening Commissioner hondas and commissioners my name is tim adams this is deputy and ill go through the material related to the respondents brief if i could have the overhead. I hope that shows up in the responsibilitidents brie homes r with backyard things they mentioned particularly here are the homes we hope you, hear me this is a binge map aerial view those are the homes own russian after a strong meddle space those 5 homes have large u shaped projections these awere built in 1940s with this u shaped projection it comparing apples and oranges you have a staggered event those backyard decks are not only in this area if you look at over here there not any backyard decks now comparing apples to apples we have one 78 dublin ill keep the overheads this is similar because the hours are flush the back and but please note how much smaller that deck is why have the measurement but a foot to 2 and a half foot to 5 feet as to the property deck we received from the reason the reasattorne Scott Sanchez Planning Department different plans described 8 feet deep, 10 feet deep telephone unlawful on the original plans 18 feet wide and 18 feet high without the railwaing this is similar to what was included in my brief. This rhymes ovhymeymeeloomo here and that is 42 inches it is higher than that. This is the 10 footmark right here theres nothing else like that the neighborhood it would be as ive sheown in other exhibits i detracts from here privacy. Right here. Again there is weve never had anything like that before they have a picture if dublin a similar view is available that looks at into the backyard that heres the portion of dublin sidewalk right here theres no view into her backyard from the sidewalk you have to cross this strip the lands and stand at the fence and point a camera offer it. Thus inspired heres what you would see this shows how large the deck and shows my home is impacted youre able to look at the bedroom window interest. I talked about with Scott Sanchez Planning Department didnt think the residential Design Standards applies it has an enormous impact when the deck is short as at all as it is theyre not stair into the bedroom windows the same way. Im deborah my father lives in this neighborhood for over 50 years and neighbors come and go and all sorts of people learning how to get along and share with each other it will be impacted by this deck that is going to be built so im hoping that you might be able to assist us with this situation because our privacy is really being affected by this. Okay debbie if youre done with a couple of minutes left ill take out the other i want to talk about this one again it is one that extend 24 far out is that has an impact we thought we had a deal with a 4 feet deck it is for the as easy to stare into the window ss the shortede the better especially, if it leaps that high are here fence is 76 and my fence s 66 inches with 8 that deck is 8 feet tall with 11 and a half feet high no 11 and a half feet next to her 76 and next to my 66 foot fence the farther out the depth is critical us theyve gotten the inference doors we can will with but the depth makes all the difference im available to answer any questions. I have one question can you leave up it picture. Give directs northwest east and south overhead please. There you go thank you. So i can your house faces northeast agabut if you go thisy you thought you had American People arrangement for a 4 foot deck. If you look at the email exhibits i included with my brief his manner indicated he need to check with his wife well be okay but when we didnt hear it got worse. So only one conversation and even though rest through email. We had a conversation we dont have a trusting relationship with the folks at all you care about the deck. So during the conversations were all 3 of you party. One time. Just one time. One time. Thank you very much sure anyone else have any questions. Well hear from the appellant now. Step up to the plate to the permit holders thank you for being patient. Thank you for not making us come back im representing the permit holders rich and laura will i man as the appellant noted vewe hava new set of plans we were innovative by the Planning Department that the plan that was submitted was left out if i could have the officiverhe overhead please. So previously the plans showed that the lot was 70 feet deep it is actually 75 feet as a result, the three percent rear yard is absent large than on the original plans so the deck is e redrawn. 10 foot depth instead of the 12 and a half the origin plan i have additional copies of this if youre interested like to pass it out gary could you enlarge that im old and getting tired okay. Thats fine thank you. Is that a spiral staircase. Yeah. On this plans the deck abo will come out 10 feet and the spiral staircase will extend to the 12 and a half feet which is not included as i think so on the restriction. Okay. Thank you. The deck actually could stepped 11 and one quarter feet so thats compliant a 10 foot deck at this time which will leave 20 feet of open space open the back of the property i want to introduce ms. Lift evry voice and sing liman. Maybe have a table out to enjoy the outside were not in town but enjoy outside love San Francisco and love the neighborhood and would love to get along with the neighbors we like privacy and we really need privacy we have all the intent to make sure that the deck is not looking at into anyone elses windows just to enjoy the outside of yard and the way the kitchen is going the dining room will be 2, 3, 4 one of the french doors with a deck with a door to utilize that space would be great. Thank you so the patents arguments are focused on privacy the guidelines make clear that anytime you have an extension of the property there is will some loss of privacy with the guidelines are getting bat you dont is it an unusual impact that takes us to the map which was exhibit 4 the brief if i could have the overhead. D can i yeah. Sorry. So this is similar to the view that patents showed we have the subject property the green dot here there are no though i heard the parapet said in decks you can see the large deck on 279 which are clearly in the same neighborhood the same mid block is it is not out of character we reference from the brief that were often not talking about a loss of privacy obviously the focus anyone using the deck will look at out into the open space and none will be interested in looking into the neighbors windows we like our privacy notable the appellant sorry the appellant has already greenery grown on the Property Line which pretty much covers up any view that will be from the decks into his property with regards to the other property as shown the view from du dublin street to shows into the backyard that will look into the windows and also a view the windows so were not talking about any yochlt encroachment of already existing privacy from this deck in the brief theyve mentioned walking the open space as shown in the drawings the zika will pretty much only come up to the property not talking about something that will shadow the proposed or the deck itself over the backyard and again there is going to be at least 20 feet avenue open space so anybody looking at towards the back will see that and be able to jenjoy that open space. So i knbe given the hour il end this aere and obviously available for questions it is clear that is well within the code and the guidelines are considering in like that with other decks the community and does not pose a significant trenches with privacy thank you. A question. Sorry. Sorry i think i interrupted you earlier i apologize. Go ahead. The mock that which is the photograph number 2 that this at 1133 russia on delay is that an accurate projection. I guess in what sense. The impact it has on the neighbor. Well we havent done in any refrndz of that sort ourselves i cant say im not sure how he created it to scale or not but the angle is deceptive all the open space that remains on the other side of deck. Not so much the open space but sitting in restriction to where the deck is im concerned about the open space. Thank you notice she was sitting facing back towards the house only especially with the deck it is 10 feet so theres another 40 feet towards the back of the property. Store sorry to interrupt where is the base of the deck where someone is standing relationship with the fence eight or ten feet. Why sorry about 8 feet level with the second story he could go up to 10 feet. Wait a minute the deck is at the 8 feet. The zika at 8 feet he and the deck is 84 no 66 on that side. The side with the greaty s 66. Thank you. Thank you Scott Sanchez Planning Department so when we are doing the deck permit yesterday, i discovered the plans were inaccurate and showed the correct lot depth should be 75 by 25 that is the material in this case is changed the calculation by 25 percent and the proposal they had before and the staff incredible approved that based on in any information theyre not code complying and revised to have the depth of the deck from 12 and a half to 10 feet the stairs are the same location under the code their lourt the construction and the setback is 3 and a half feet from the Property Line and the rail is 42 inches of the planning code and the appellant noted or stated i said the rules committee they apply so the project come paralyze with the residential guidelines we discussed before what we look at generally, the setback to theyve been sixth district we believe is appropriate we provide that be able to address the feet concerns seems the main issues the overall depth of the deck is much the setbacks but the people to look at in the adjacent building the rear yards the inspector duffy will add further fr under the planning code hell address that for the after all depth of the deck thank you. Mr. Duffy. Good Evening Commission jooifd the Building Permit under appeal is a new deck at rear with two new french doors and bathroom on the 3r it is approved overthecounter reviewed by the planning and the mechanism sound check for the puc when reviewing the page and discussing one of the things that could be problematic on the permit is falls under charter 12 of the San Francisco planning code a new bedroom and that will be regarded as