Transcripts For SFGTV Planning Commission 20220716

Okay. Welcome to the let me mute. Welcome to the San Francisco Planning Commission hybrid hearing for thursday, july 14, 22. In person can remote hearings require everyones attention and our patience if you are joining remote and are not speak mute your microphone. To enable Public Participation sfgovtv is broadcasting and strolling live and will receive Public Comment. Comments during Public Comment are available by calling 4156550001 and entering access code 2486 862 0895 well take Public Comment from those in city hall first and open remote line. Speak clearly and slowly if you are care to state your name for the record. Each person will be allowed up to 3 minutes you will hear a chime indicating your time is almost up. I will announce your time is up and take the next person to speak. For call nothing to submit testimony when we reach the item you are entered in speak press star 3 to be added to the queue. When you hear your line is unmuted that is your indication to speak. Best practice call from a quiet location. Speak clearly and slowly and mute the volume on television or computer. In city hall, lineup on the screen side of the room. Please silence mobile belle device. I like to take roll. President tanner. Hee. Commissioner Vice President moore. Here. Commissioner diamond. Here. Commissioner fung. Here. Commissioner imperial here koppel. Hee yoochlt and commissioner ruiz. First is consideration of items proposed telephonance item 1 at 1 street a discretionary review is proposed for continuance to august 25 of 22. Item 22019022830 clement street home sf authorization condition to september first of 22. Further commissioners under the regular calendar we are in receipt of request for item 10 case 202200390 for neighborhood mixed use planning Code Amendment to be continued to august 25 of 22. And foiblely i am pleased inform you that under review item 15766 duncan a review has been with drawn. I should we are open up Public Comment for any of the items that are proposed for continuance. Again if you are call nothing remote you need to press star 3 and from those persons in chamber need to come forward. No questions to speak from any member. Public comment is closed and continuance is before you, commissioners. Commissioner imperial. Move to continue second. Thank you, commissioners on this motion to continue items proposed commissioner ruiz. Why aye diamond. Aye commissioner fung. Aye. Commissionering imperial. Aye. Commissioner koppel. Aye. Commissioner moore. Aye and president tanner. Aye. That passes 70. And place this under your consent calendar. All matters constitute a consent are considered to be routine by planning and may be acted upon by a vote of the commission. No separate discussion unless a member of the commission or public or staff requests. Item 3, 2110 chestnut a cu. Item 4. 3908, 24th street k rushgs authorization and item 54400, 17th street a conditional use authorization. Open up Public Comment to allow anyone request that any of these 3 conch cent items pulled off of consent. Again if you are in the chambers come forward if you are call nothing press star 3. No requests to speak, Public Comment on your consent is closed. And it is now before you. Commissioner imperial. Move to approve. Second. Thank you, commissioners on this motion to approve items under consent commissioner ruiz. Why aye diamond. Aye commissionering fung. Aye. Commissioner imperial aye commissioner koppel. Aye commissioner moore. Aye. And president tanner. Aye. That passes unanimously. Under commission matters consideration of Adoption Draft minutes for your june 23 and june 30 of 22 hearings. We should open up Public Comment. Members in the chambers in forward. And for those call nothing you need to press star 3 to be acided to the queue. For the minutes. Hayes valley regarding the minutes for june 30, im prizeed see a Public Commentroused a single word. May be that happens all the time it was a surprise after i considered the publics made. A single word over material concerns that people expressed park at grounds level which is a violation of the market octavia plan. Winds the first building the west wind will hit that building and cause impacts on period of time and bicyclists. The loss of the plaza and art space over 50 . Of the public space lost. The agreements about the below market rate location amount and that those were changed. People also expressed concern about the failure to address deliveries and tnc pick xup drop offense. So, i dont see those in the reflected in the minutes. They are occurrence. Thank you. Last call for Public Comment on the minutes. No requests to speak, Public Comment months is closed. And they are before you, commissioners. I will responded to the last Public Commenter that our requirement is to provide an indication what was said. We dont transcribe Public Comment verbatim. In fact, attending shun shine Ordinance Task force another cest minutes was brought up and they were told not to do it verbatim, which is odd. In any case we dont stranz skrab the testimony verbatim. Is there a motion to adopt the minutes . Commissioner koppel. Motion to adopt for june 23 and second on that motion to adopt the minutes commissioner ruiz. Aye. Diamond. Aye commissioner fung. Aye. Commissioner imperial. Aye y. Commissionering koppel. Aye commissioner moore yoochl aye. And president tanner. That motion passes unanimously 7zero. We will place us under item 7 commission commentses and questions. Thank you commissioners i will start us off with our land acknowledgment. The Planning Commission we are on home land of the Ramaytush Ohlone the original inhab tants. As stewards of the land and with traditions the recommend ram never lost nor forgotten responsibilities as the care takeers and for all peoples reside in their traditional translator. As guests we recognize we beg your pardon from living and working on their home lands. Wish to pay respects acknowledging the eldand relatives of the recommend Ram Community and by affirming their rights as first peoples. I want to start off today by thanking members of the Planning Department who, yesterday, on tuesday helped host project genesis for young folks learning about the develop the process from everything from construction, financing, architecture the government side. I want to give a rounds of applause and thank you to all the staff who shared their career what they do now. The students enjoy today and i know sometime its can be hard with quiet teens to know what is happen nothing their brains. The end they warmed up and i think we have folks who will apply for internships. I want to thank the department and thank jacqueline kiez and julianne who helped to get everything together and are also stewarding other interns and programless the department is good to see that providing many of the young people with exposure to when we do in planning and potential careers they could have. Ir will open up to other commissioners who may have comments. Not seeing anything. Back to you. No audio. Intern and plan are 1s we hired 7. If you dont mind standing up so the commission can see who you are. Again. These are high school interrence, College Interns and some offure your planner rons. Thank you for taking on the work this you are doing and you can sit. I will explain [laughter] you dont have to stand the whole time. 15 College Interns and 13 High School Interns we sent around talking about where they are from. We got a great representation both on college inturns. Woe got one from San Francisco state and uc berkeley and ucla. As well as back east and nyu and cornel i dropped out of. Our high school program. Balboa, lincoln high school. Local. And so it is a great representation. We had over 18 huh human letters of interest for our college program. A huge in demands. You know our inturns are paired with plan exerts wing on projects. Just to call out a couple, ad u out reach. Multifamily housing, small multifamily strategies. Working on Housing Element. Forplex. Public art history irk context. To name a now. They are engage in the specific projects. Our high school is continuing partnership with opportunity for all. The second year we are doing that and want to thank former commissioner chan who helped get this going. Final presentations will be in august. You will be invited and will be welcomed your participation in that. I wanted thank you for your support. Thank you all for being here today and thank you tina tammy for all her work in put thanksgiving together. As well as [inaudible] who have been working as well. Thank you. Welcome we are excited have you here had i had my first job in government i this h to go to every Council Meeting for a year. Hopeful low you learn a lot watch figure you have questions reach out. Let your planner know happy to give you anything you might need and glad to have you here helping our department and learning more about planning. Commissioners review of past eventses at the bhoord of supervisors and appeals the Historic Preservation did not meet yesterday. Good afternoon aaron star manager of legislative affairs. First on the land use agenda was the landmark designation resolution for st. James church. This is only an initiation of land mark the item needs to go before the board for a vote. The st. James church is significant as a work by master architect julie morgan and this would be the first landmark in the neighborhood it was recommended to the full board. Next the mirs autouse housing density ordinance this week staff presented sought to over view the ordinance and the amendments made. Also to address the questions raised at the last hearing how this bill interacts with the code and loo a Feasibility Analysis was done on inclusionary rates staffs responsibles the city in the process of reconvening the tax so a full review of all of our city rates can be reevaluated based on market conditions. From the data we have. The conditions are not favorable to Housing Construction reported this commission, we are not on pace to meet our 10 i dont remember average on housing applications or start this is year. Staff noted that this ordinance brings the cites eligible on far with other rezoned areas where density gives a chance of development. This was not sufficient for the committee they wanted an analysis of increasing inclusionary before psz thanksgiving on to the full board. Preston supports the ordinance in concement. There were 13 Public Comments regarding the ordinance with 10 in support and 3 in opposition in support node for additional housing the impacts of current structure and removing red tape for service station conversions. In opposition the personals of affordability and loss of blue collar jocks peskin removed the reference from cars to casas he saw it was a problem and recommended the name change. Supervisor melgar did not take issue with the name and fine with re. The committee voted replace with autouse housing density not on the literation but is in english. Supervisor preston moved duplicate the file and remove the housing density and keeping the deletion of the cu requirement. Both file it is were conditioned the call of the chair. Mile per hours charging location ordinance this was at the last time this was here supervisors voted add amendments that would remove fleet charging as an accessory use and amended require cu for fleet charge nothing all zoning districts. Conditioned the item the amendments needed to be draft third degree week the item had to be continued because of amendments not siendz. It was continued for a week. The full board this week 3 ordinances passed the seconded read including the supervisor peskin Group Housing special use district the mirs affordable code enforce am ordinance and supervisor mandelmans foreplex ordinance. And thats all i have for you today. Thank you. Have a question from commissioner imperial. I do have a question in terms of the not to mr. Star but to dpreshthd [inaudible] about the Group Housing education. Group housing legislation is this something that will come to the Planning Commission for us to be informed as in terms of details i dont think im aware of that. That one we heard. Right. You heard 2 Group Housing ordinances proposed by supervisor peskin one changed the definition of Group Housing so they had more common open space and no private and was exclude it from china town and from the upon tenderloin. Okay. Thank you. We can sends out a summary from the board. Ir cant recall if there were amendments after you heard it. Yea. We do a new code sum row we can sends that when it is is out. Thank you this week was the sud part . Definition for Group Housing passed it might be effective. Or close to yea. Thank you. The board of appeals did not meet last night. I see commissioner moore. Sorry a slight delay i had a question for mr. Star. Does the adjustment of district boundaries affect this in any form or shape . Which legislation are you speak of. Group housing sud. Mow the Group Housing sud is based on its bounds easier in the ordinance. Does not corespond to district bound easier. I think in response to director [inaudible] will be helpful to see a summary with the boundaries that mr. Star is describing would be helpful. Thank you. Okay. Commissioners the board of appeals did not meet last night. But did meet on july 6 and one item of enter the proposed project was to add 3 ad u1555 oak street and heard by you as a discretionary rerowel in march of 21. While the commission was sympathetic to tenants concerns and the parking needs, the Commission Voted unanimously to not take approve the permit as proposed the dr paled to the board of appeals and while they also sympathized with the 10 analysiss and the appellates issues, they focused on the projects or the properties violation history with dbi and voted unanimously to deny the appeal and approve the project as proposed. Commissioners. We can move on to general Public Comments at this time. Members of the public may address on items of interest that are within the jurisdiction of the Commission Sept agenda items agenda items your tune will be foordzed when the item is reached in the meeting. Each measure may address the commission terror up to 3 minutes when speakers exceed the 15 limit it may be moved to the end of the agenda good afternoon. Georgia i sudden an e mail last night about hai will talk about today and going back to june 30 before your break i hope you had a good time i sent you i gave a hand out now available at the submitted the hearing supports documents for june 30. So hay want to talk about is that project when i locked at it on the [inaudible] there was nothing. No information. Nothing. So far i did a Public Records request and that was helpful but all i found were the 3nopdrs issue in summer of 2015 and the first one said. Give me demo [inaudible] nothing and this is july 2015. 7 years after section 317 had been instituted after you had code impeptation documents and staff hand outs [inaudible] not like something no one knew b. Bite second nopdr in august the planner is asking for the correct [inaudible] i want to read. Your demolition information indicates that no portion of the front elevation will be removed part of project upon even though tltdz under go a transformation. Ure look at the hand out i gaveow june 30 you will see, yea major transformation. So. No demo [inaudible] in the request. I went to the fourth floor of your new building dbi records department. No audio. Ir would lieshg to suggest the Planning Commission ask and expect from the Planning Department that you would be fully informed about the history of any site. And the permits or agreements made and appeals made and you should have all of that at your finger tips when you talk about issuing a new permit but a series of permit bunkham no construction. Also, there has been talk about permits being held indefinitely. There should be a term limit on how long a permit can be held without construction starting. Concern about people getting permits and slipping the property with the permit with the entitlement. So they00 autothings you should know about if agreements about Affordable Housing. If there was an appeal and resolution. The terms should carry forward. Eir considerations in the past. Which might change depending upon location of the building of the properties developed. Public space. Things that are we in the public want to have the institutional memory bring forward. Thank you. This is sue hester im coming planning not to approve but too continue the item on the calendar that project you were told after the hearing was closed. Had an eir and no reference to the eir for the public or the commission to review that as part of the record. And so rather an e mail to the Commission First of july. Does not correct the issue at 6 30 when you had your hearing. Second issue on that project was that it was a project that had gone through an approval in 2017. And when it wents to the board of supervisors on appeal on the Environmental Review, there was an negotiation with build and between the community in hayes valley. It was under the hospice of then supervisor reid. And you had the Planning Department provided with a copy of the settlement press release from the Supervisors Office and it was ignored bite departments and sprang how they evaluated the project. There were issues that were raised that were really serious. In 2017. About transportation netted Work Companies uber. Et cetera. The ascii of uber swarming around that site and causing problems for traffic and bicyclists. And you are having a lot of people being new residents in there and where are they going to go to be picked and up have their packages delivered. They will go to Market Street not going to [inaudible] so the people would be dropped off and packages dropped off along Market Street. That needs to be discussed. And it was raised as an issue before there was that intensity now. In [inaudible] it was raised in 2017. In planning hearing and eir and when it went to the board of supervisors on appeal. You need to have more information on it. And you opened the record but when you sent out the vote, get it check the e mail. The eir i sent you all individual e mail on this. Please reopen the hearing and allow more information from the department and from the public. Thank you. Under normal circumstances i would cut off the caller he was make egg reference a skated the lineup there a bit. In any case. Last call for general Public Comment for items not on todays agenda. Seeing no requests to speak. Commissioners. General Public Comments is closed. And we can move on to your regular calendar. 10 conditioned to august 25th. Placing us on item 11 for case 2018008588 cw p the southeast station study final report and recommendations. This is for your consideration to adopt a resolution to endorse and urge. Thats correct. Good afternoon. Commissioners i believe that the Commission Secretary is bringing up slides for us. Thank you. Here for the conclusion to the Southern California east rail station study seeking endorse am of the study and passage urging next steps by agencies joined today by staff from sfcta the county transportation authority. Cal train sfmta. Next slide. As a quick reminder the study set out j. We dont have auto. This study set out to increase access on the kale train corridor to restore service in the bay view. And to prepare for changes that will be needed when the pennsylvania avenue tunnel on the cal train alignment and future high speed rail proceeds. This was a 2 year study. Unfortunately timed given the pandemic which relied as a result of that on early technical analysis. Approximate held out reach until the last 8 monthses of a project. We could try to focus out reach as folks were comfortable were meeting and were more available. You can see a couple highlights from the schedule. Emphasizing where we have been the last couple months. We did mote in the bay view. We also will be going to sfcta in a couple weeks a presentation will be given by ms. Rogers. Also we talks about the fact there were as a result of the dual purposes here there are 2 sets of stations we looked at for you future improvements to cal train. One, in dark orange serve the potrero, dog pack mission bay now by Second Street station and the second set in yellow which would be the cites that we have looked at 2 restore service to cal train, restore cal Train Service in the bay view. Replacing the paul avenue station closed twenty years ago. Next slide. One was upon things that even caught me by surprise when we started this project and looking in the bay view is how long of a history of planning there has been for will a station in the bay view to replace that paul avenue station. Having been in this profession for over 20 years, i personal low dont know of another project in the bay area that has quite this density of studies. And no significant progress toward completion, unfurthermore. And despite that, we finds ourselves today with i think real moment and up opportunity as this project again picked up by as you see in 20 twenty and 21 and with this study all rearc certing the importance of this station in particular in the bay view and repairing that service that was stripped away in 2005. Highlighting a couple things we talked about in may. We heard a staff brood support and the need to make good on past promise in the bay view. Also a lots of concern and caution about ensuring benefits of station improve ams we are going to accrue to current residences and heard a lot of support for the Historic Preservation of the pdr lands use especially those that surround the station options as caesar chavez. I think you are one behind. One ahead. Thats right. Thank you. So the meeting that we held in june in the bay view was attended by about 20 representatives in the community. And in particular a number of key stake holders we were expecting to get there including members from the ship yard and bay view cac out spoken on this item. Were there, we had staff from all the sister agencies as well. And i say we heard in general the feedback around bringing service back to the bay view. And very much mirrored i think things we heard before but great to be able to have a Public Meeting with real honest to god people in 3d. It was great. Supervisor joined us commissioner tanner joined us as well. And felt that you know it was a good and robest discussion even if there was no consensus achieved. But we did not expect that. I say that we did hear a lot about the importance of the station as an opportunity for Economic Development for the current bay view residence. Both in terms of the access and also in terms of construction jobs. And employment opportunity. That could be brought forward as a part of that. And also i think an additional concern which mirror the communities occurrence broadly about the projects in this per of the city around the possible Environmental Impacts associated with construction. Will be addressed in the next set of studies. Whp temperature came to discussion station locations we continues to focus on upon evans and oakdale. Continuing to leave williams out of the discussion given the communities opposition there. And no one was beg to bring it back for sure. And i would say that i think in general we hear a Group Small Group interested in the upon evans location close to the southeast communities the Shopping Center at third and evans and community college. While the rest of the arc tendsise were interested in making good on businesses and residential neighborhoods found along oakdale and third. And all the Community Facilities that are that end of the third street corridor in between the 2 stations. Am am but very interested in analysis of ride everybodiship. And cost, and construction. We have preliminary information on those. But obviously should those be up ended if you will. That may be a good time to reconsider that and we see that there will be a need for robust with the community. And with that that brings me to the staff recommendations for urging our partners on next steps. And broke up this one on the bay view station so with that that brings me to the staff recommendations for urging our partners on next steps. Broke this up into two slides. One focusing on bayview station options and the second one on the dog patch mission bay. For the bayview, we continue to believe very strongly that the station should be pursued immediately and with all due haste to make good on the long standing gap in access that has been you know, allowed to perpetuate in this part of the city. We are aware of the shortcoming in the bayviewads city county and see this as a instrumental part of the improvements that can help overcome that. We like to see our Partner Agencies dedicate sufficient funding to actually move that work forward and so that it can be competitive for large state regional and federal grants soon. Also, i think consisten with feedback we heard in may and from the public, cal train and mta will have work to do to coordinate the fares and services in the future to maximize the benefits to bayview riders in particular, but others who are speaking to make transfers and make best use of these two systems together. Based on 4 main factors we identified, Community Support overall, current and planned land uses, connection to transit as well as the cost of construction. Staff do recommend for the timebeing and based on currently available information the oak dale station be given the preferred nod coming out of this study. Next slide. Again, i just want to flag we spent a great deal of time and energy focusing heavily on the bayview station. I think that is not surprising given the history of the planning that has gone on there and lot of Community Concern we heard and community interest, but i dont want to understate the importance of dog patch mission bay station and need to continue work there as well. The sfcta is continuing to advance work on pennsylvania avenue doing design and construction and planning and that work proceeds we are hopeful they will be able to integrate the findings of this work and really do look to maximize the opportunities around the current station location or possibly to the north depending on the engineering that results. You note the one thing that is missing from the reasons why we would support those 2 options is the cost. We fully recognize that those two stations are likely to be more expensive then a cesar chavez station, but we dont believe there is great value in building stations that would have low ridership. That actually is probably a station better not built. I think in these days and times with such scarce resources. That being said, that work needs to proceed as well. The ta is working on that. I believe they have a study looking to present and hopefully staff if folks have questions on that can speak to that as well. And then i just wanted tothe final slide, i wouldif we can move to the next slide. I are think one of the challenges of this project and perhaps part of the history is it has been a challenging sometimes to figure who is holding the ball, and there are a lot of agencies and if you are a Community Member it is all most impossible to keep up with the acronyms and the agencies and who has jurisdiction where. Im a Firm Believer you shouldnt have to do that, and my hope in trying to make sure that we are really clearly labeling folks with their roles and responsibilities and their Contact Information that they can help the public can be able to engage with folk depending on their interest and concerns Going Forward. I believe a number of these folks are on, if not all, and we have recognized we all have a role to play but we also need folks to own their role and hopefully be funded to get that work done. So, with that, ill close and happy to take any questions or make sure that our colleagues on the line get questions directed to them. Thank you. Okay, that concludes staff presentation. We should open Public Comment. Members of the public who wish to comment and in the chambers please come forward. Doug, you have to give up the dais. Good afternoon everyone. My name is d daven inaudible the chair of the bayview, 7 year resident of bayview and former caltrain commuter from bayview and i appreciate the Commission Discussion of the topic today. Equitable transportation access unlock Economic Opportunity and the people of bayview want enhanced Job Opportunities with respect to location of the cal train stationism cal train is a Commuter Rail to take workers from San Francisco to peninsula. Oak dale is the most Central Location to unlock the ability of the resident of bayview, por tolla and bruno heights to get jobs in the peninsula because they can walk to the station. The oak dale station is the location promised to the community over 20 years. While the inaudible and city college, cal train is not the mode of transportation to access facilities. Finally i want to note our friends and neighbors in the indian basin and ship yard while the proposed station is closer to them it is still all most 2 miles away and they will still need to take a shetal to the station. Meanwhile for a evan station no one from bayview can walk there. The most people have station access and Job Opportunities it unlocks and neighbor tuesday the north will add 5 minutes to the shuttle north. Thank you. If you are calling in remotely, you need to press star 3 and when you hear your line is unmuted, that the indication to begin speaking. Good afternoon commissioners. Zack inaudible Young Community developers district 10. Im calling in to reemphasize the points inaudible at the Planning Commission. It is up most importance we take steps to inaudible the station will make bayview easily accessible and interconnected with south bay and Silicon Valley and workers young and College Educated are citing access to inaudible as developers move to build high end apartment buildings that cater to the Young Professionals [difficulty hearing speaker] but ignore the need of the existing community who is disproportionately low income it leaves people behide. These communities rely on the transit the most so cater to them and make sure they are benefiting not investors. The city must balance social good like better access to transportation keeping existing communities stable and in fact. Improvement to transportation in bayview are needed but not at the extent of destable inaudible we need to prevent transit induced gentrification which could be done if the city takes steps to inaudible and antidisplacement protections in the surrounding areas. Thank you. Is it my turn to speak . Hello, can you hear me . Yes, we can hear you. Okay. This is inaudible a member of the [difficulty hearing speaker] bayview member for a long inaudible sir, can you pause the time . We cant hear you. If you can speak up perhaps. You might want to turn off the volume on your television or your computer, however you are following us. I think that is causing the echo. Sorry, i dont know why there is a echo. Im outside. Can you hear me . We can hear you, but not very clearly. Go ahead, sir. Okay. Sorry, just saying that i have been a member of the Bayview Community a long time and want to say my support for the oak dale station. I think it is perfect for the community and it is important inaudible thank you. Hi. My name is chad and i have been a resident of bayview for the better part of a decade now. I like to express strong support for the cal train station. Whether it is with long standing people, the bayview needs equitable access to Transportation System so i like to emphasize the Planning Commission should not let anything get enthe way of bayview station being built successfully and quickly. inaudible puts a station outside the neighborhood should be considered. I would encourage the commission to go so far make a resolution that affirms this knowing the process can take quite a while for everything to be brought to fruition. Bayview needs a station. There is is a lot of consideration where the station may go. There is a lot of evidence and staff who worked with the agency there is stability in the location of the station. I also think there is well within reason opportunities for design within the budgets already set aside from the county Transportation Agency to build something quickly rather then something that blows the budget inaudible i just conclude my comments i think the station will serve large number of people down here inaudible please bring equity to bayview by making sure the station moves forward and making sure nothing gets in the way. My name is mitch inaudible Community Policy impact at San Francisco housing corporation. Affordable housing non profit in the bayview. I want to thank you for the study and thank you commissioners for your time and speaking for the oakdale location near to greater number of residents which means higher ridership and higher inaudible also want to support inaudible getting done quickly. It is delayed too long. Bayview has been without access to cal train too long. This station will inaudible access to job centers downtown and san mateo county. I agree inaudible especially low income black resident and not displace higher income earners to commute on cal train. inaudible make sure current bayview resident reap the benefits. That means investing work [difficulty hearing speaker] building Affordable Housing. If you have ridden cal train you know it is expensive so inaudible to low income houses in the neighborhood. Thanks for your time. Hi, todd fisher a bayview resident and have been the past 8 years and i wanted to put my support in for the possibility of a cal train station on oakdale. Specifically because i think the project has beenwhen we you talk about delays of what is actually the initial proposal to where we are currently, i think about the Economic Opportunity that has been missed by delays so far and what can happen for the Economic Empowerment and upper mobility of the current resident of bayview had we had a station in place over the past 18 years or whatever it would have been from the initial proposal to where we are currently. So, i think that is a missed opportunity and think any further delay upon that might make it so it is further just costing the neighborhood and the decisions that have been made over the years that dont allow for the equity and ability for the inaudible rest of the city enjoyed. So, i strongly strongly urge the Planning Commission move forward and thank you for the consideration and inaudible oakdale because of the ability for it to improve upon the upper mobility of thecurrent resident of the neighborhood who have been waiting for those opportunities over the past decades. We are a bit of island the way we are separated bay the rest of the city by warehouses and unwalkable parts of the city so this makes it more connection corridor to downtown in areas of opportunities for existing resident that live here and i understand there is proposal for evans and williams, and those may have their merits but i do believe that to empower the most residents as possible oakdale a station that can connect all the different parts of the economy to these residents i think would be the most beneficial, so i really encourage that investment and encourage the equity and encourage the ability to move forward in a quick manner with some of the funds and things identified so thank you. Last call for Public Comment on this item. You are in the chambers please come forward. If you are calling in remotely, press star 3. Seeing no additional request to speak, Public Comment is closed and this matter is before you, commissioners. Thank you. Staff thank you to members of the public who called in to give information. I think we also got emails today and prior when we had previous hearings. I want to let commissioners know, i was able to do a site visit with both sites last week with it bayview and shipyard and meeting in the week prior to get insight from folks what the thoughts of the different stations and happy to share any insight i had with you on that but wanted to both thank the Members Meeting with me and speaking with me about their perspective on the project. With that ill call on commissioner moore. I just want to thank everybody for interagency cooperation to bringing this forward. It has been a long time but the thoroughness of inaudible i have a technical question and that deals with a meeting that was held yesterday at the metropolitan Transportation Commission regarding programming allocation and funding and i heard that the inaudible which used to be number 1 priority was potentially being considered to become item 2. inaudible my question is, what is the outcome after the meeting and does it effect what we are talking about today in any way or form . Be happy to take a first go at that. I believe also joined by staff from the sfta who may want to add on. Yesterdays hearing was a informational hearing about what tier some of the regions biggest and therefore most expensive transit projects slot into. As commissioner moore mentioned in a previous work when i worked at mtc, the combined project, which was the downtown extension tunnel from 4th and townsend, combined with cal Train Service was the highest ranked project of 8 or so years ago, and it is now struggling to hold on to that spot and is being proposed to be bumped to second tier. In termsbut i think in terms of the details i think we will see what happens as staff as mtc revised their positions. I would look to the ta to see if they have more to offer on the implications of being a tier 2 should that come to pass. Mr. Hidal . Yes. Did you want to respond to that mr. Hidal if there is any impact from the funding tier becomes tier 2 . I am not familiar with the meeting that took place yesterday so dont want to say the wrong thing. We can trickle back with Additional Information to that question. I think it would be important for everybody to know and while accordingly because 20 years is a long time. This is the time to provide the equitable link to the bayview and if thats tiering down to number 2, what impact i think that should be definitely considered further. Thank you so much. Sorry to put you on the spot andy. I think thati dont think there is a question that a key benefit of the downtown extension is increasing intraSan Francisco travel, and i think the question of cost of setting that aside assuming cal train can work on a program similar to the one bart has for patrons within the city boundaries, it could be a very affordable option to get to Market Street, to get to the spine and most robust parts of the city transit system. I think you will be happy to know commissioner moore, i know the Mayors Office and tgpa are laser focused on making sure this project finds its way back into the tier 1 in september. Commissioner moore did you have other questions or comments . No, i dont. Thank you. Okay, thank you. Commissioner fung. Couple comments and couple of questions. I found the study to be quite comprehensive. The information that is in the study pretty much lays out the blueprint for all Decision Making that has to be done. I would probably ask the department to keep track of it. Im sure they will be involved in it, but to see where we can assist, especially with the analyzing land use patterns in the vicinity, both near and perhaps little further from station locations, whether there needs to be either adjustments to existing zoning, or perhaps further analysis and recommendations with respect to the land use patterns. The question that i have for probably would be more directed to cta. As mentioned in this presentation and other presentations, the process has dragged on for such a long time. Has cta developed a generalized schedule for the next steps . I can speak to that. We do have a generalized schedule for the immediate next steps we see moving forward which is getting ready for environmental clearance and through environmental clearance. Unfortunately we dont now have full funding for construction and delivery of the project, so actual opening date schedule depends on ident fiication of the funds inaudible we look to use that to leverage, state, local regional, federal fund to be able to deliver this project. Are we talking about in the study there was discussion with respect to tax. How abouti didnt see much discussion there on the schedule for the bayview station. Maybe to build on that, mr. Hidal, could you talk about what the schedule for environmental clearance would be and kind of related to that, if or when a station is cleared in the bayview, what the Construction Funding path maybe looks like at the cta . I think in relation to the amount of dollars needed to be allocated to actually get construction going. Yeah, i think there are two answers. First is scheduled through environmental clearance we anticipate that to be from today approximately 3 year process at most to get through environmental clearance so that is a year or less to do the remainder of the preliminary design and about 2 years to actually complete the environmental clearance itself for both ceqa and depa. With respect to funding pathways, i think that is one of the items that needs to be identified in the upcoming little piece of addon scope of work that needs to happen, so i think thats a important thing we are looking to take on as we move into that next step, but again i dont have a clear answer for you at this point. I dont want to say anything incorrectly. Commissioner fung does that get a little at your schedule question somewhat . Not sure i got a answer, but it seems at least i heard maybe 3 years for environmental clearance and getting funding together in the mean time perhaps and it looked like quite a bit offunding based on the cost estimates we saw in the appendix. Just if i might, just i think one thing i want to note is i are think there is a unique and potentially Good Opportunity and timing is good now to try to fund a project like this. The projectsome of the scale of projects in the mtc tier 1 category are enormous. These are the multibillion dollar projects and so this project is i think in a bit of a sweet spot. It takes good advantage of existing infrastructure and takes access to a whole new market that is there waiting for the station. I think also the proximity to underserved and historically disinvested Community Also would at this point in time make it more competitive for Grant Funding and as andy well said, you have to win the lottery to build transportation infrastructure but this project has a number of important factors going in its favor. Thank you. Commissioner reid. Thank you. I think most of what i will say is inaudible what i mentioned in a previous hearing, but im super excited about the prospect of this being implemented in a neighborhood that really needs transit access, so im super supportive of this and felt the study was incredibly detailed and i want to reemphasize 3 areas very important to me i hope we as a department are consistent with and thats first insuring this is accessible to the resident and i saw that mentioned in the report in terms of cal train really considering that, so really looking forward hearing more of how this is going to be accessible at either reduced or free rate for some of the lowest income members and the neighborhood. I also think addressing the very real concerns and i know folks mentioned during Public Comment of gentrification and displacement of renters, long time home owners in the area and small and legacy businesses through a displacement and Community Stabilization plan, and then also asking ourselves ways in which we can bullster partnerships with Community Stakeholders and addressing both of what i just mentioned while also insuring residents are reaping the benefits of this through increased employment opportunities, considering access. This is going to grant in terms of getting from the bay view to other parts of the city and beyond and i think that is going to talk a lot more thoughtful brainstorming because just because you place a new station in the neighborhood doesnt mean folks will automatically get jobs so ways to partner with stakeholders or maybe other city departments and addressing this and opening up the opportunities for those folks in the area. With all that being said, and with the promise made during Public Comment im hoping we in the community can get more a sense of next steps and know that was included in the report but just for us to all hear, next steps engaging with there community, consideration of the displacement in Community Stabilization plan and policy and what we can expect as a commission in terms of more information coming before us and i know there is mention of stabilization policies being folded into the Housing Element, so just hoping you could speak more to that. Ann marie you want to chime in . Because this is my last presentation on this item. I think what i would say is that what i think we acknowledged is that we need to get absolute certainty on where the station is going to be and we have unfortunately there is a lot of time before relatively speaking years before the station opens so we think there is sufficient time to lay the groundwork and identify Affordable Housing sites, which ever locations are finally nailed down once and for all and to do that Community Stabilization work, very intentionally in a specific geography. I think there is concerns given how much promising has been going on the bayview. I think we want to make sure we time that work appropriately. It feels somewhat premature not having a funding plan, not having any of the real pieces together to put this project on to a real schedule, but i would certainly look to our partners as they confirm the exact location to loop us in as they proceed to look for those opportunities i think as commissioner fung mentioned to evaluate sites and to evaluate how we can use our Housing Element policies in the community and make they are resourced and bring our relationships with the mayor office of housing and others to bear there. There is a lot of work to do and maybe andy can speak to what the expectations are from his Agency Perspective for community engagement. I think as you well articulated and we heard loud and clear at our meeting, how and when are we engaging the community over the next year for starters. Andy, not to put you on the spot but we talked about this and know you have thoughts on that. Is that something you can speak to . Of course. I think we share the commitment insuring that the community is fully involved in the process as we move forward. Station location, final selection, design, engagement with Community Development and inaudible which is something i spoke to will remain a responsibility of the Planning Department, but showing how there is a lot of layers and next steps is accurate. It will take a team to move it forward and we are committed to it. To put the specificity on the immediate next phase, we are anticipating taking a request to our board for some inaudible funding to pick up the next phase in september, so i look for additional engagement this fall and again in the spring as we expand the design. Thank you. Thank you. I see commissioner diamond. Thank you. Im very supportive of the motion and will be voting in favor of it. Before we get to that, i want to understandmaybe there is lessens learned how we could be in a situation where 34 years ago, if i got this correct, starting in 1988, when we began the assessment of replacement the paul avenue station and in 2005 we shut it down without actually having a commitment to a new station and here we are in 2022 and just inching our way forward. How do we avoid that happening again . What lessens did we learn . How did we end up in this terrible situation from my perspective with the bayview neighborhood . I could dig myself a very large hole personally on that one. I think what i would justill offer some perspective. Working at mtc a number of years before coming to the city, i think one thing that is very challenging is when it is unclear who iswho is holding the actual ball. I will say this is a trickythe issue of the bayview station is a tricky one because if you looked who opined it is Redevelopment Agency which morphed and cant build a station on cal train land, it is cal trains land. They have to work with the federal railroad administration. I can sit here and go through litany of unfortunate good excuses but they all remain that. They all just remain excuses and i think thats where an agency has to say, we are going to champion this, we are going to make this happen. It takessupervisor walton i pleev believe the 4th or 5 supervisor since the project has been kind of made a priority by the community, so you cant hold the Supervisors Office 5 supervisor offices responsible. I think at some point it is on us as the agencies to deliver. I think we do, again i would offerwe have a good moment of alignment. Mta is excited about this project, complementing the t, cal train is very open to the project. Historically maybe they have not been. I think we got a lot of land use support and i think we also seen some of the pieces fall into place for potential funding. But, i think it is something certainly to be very cautiousf obecause this is a project that does live wholely within the city and it is our responsibility to make good on Something Like this. Be fun to try to blame somebody else, but it is hard to do that now. Which of the agency that owns this now and responsible and taking responsibility for driving it forward . Ta has got the financial purse, and are going to lead the next phase of work. The station will live on cal train property. Cal train uniquely owns the rail right of way in the city up till it reaches the rail yards. That is another story. So, i think that you will see that they are an essential partner in that, because they cannot be told what to do. They have to agree. But i think it is the ta isfunding and leading the work as andy articulated and cal train agrees to the requirements and the Technical Specifications for the station. This all most feels like a case study in terms of how not to proceed for future transportation projects. Shouldnt take 34 years when we have neighborhood suffering through that and wonder the lessen we can get from this that will change behavior Going Forward for any other projects we choose to undertake or completion of this project. And what role do we as a Planning Commission have other then to make these comments and helping to shift thinking or modality or Decision Making in order to avoid that kind of scenario. If i can add, i think commissioner reids i think you hit on important points. The work we are doing and the work we are growing to do more of in the bayview along with partners at ocd and oewd isnt work we should do just because of the station it is work we should be doing anyway. We are starting to do that. We havent had a strong relationship with the Bayview Community over the years but we are ramping it up. We identified as a neighborhood that we want to be more engaged with in our Community Equity work and that is partner with ocd and oewd and agencies working there and this is component of that but so are all the things you talked about as well, antidisplacement and antigentrification strategy, helping Small Business on third street so we play a big role in continuing the work and continuing to build momentum for those strategies as well as continuing to push and deliver on this work, which is key. Although we are not necessarily making the funding decisions on the next steps, we got to be there with the Community Whos demanded that and other things and make sure that we as a city deliver. I would just haveagree hundred percent and think the project could bei hate to be so naive as to say model but there are a lot of resources across all these departments. Most parts of the United States are very inviious to have the problem to work on so i think we should take that as a challenge and opportunity to harness our various resources to make good on this once and for all. I hope so. I just feel like the project deserves a champion in terms of getting it done as fast as possible. I am happy to make the motion, unless somebody else wants has additional comments. I have a few comments and maybe can turn back to you. I want to thank staff again for really great work and commission for good questions. I underscore a few things. I want to underscore the need to do advanced planning and i say Land Acquisition strategy around antidisplacement. Lets say optimistically 3 years Environmental Review, i will make up 3 years of construction, 6 years, 7 years we have actual station, now is the time to start planning for acquiring process, small site acquisition, allocate fun funding and not waiting for the station to be there and saying people are displaced now so hope we can i think to the point that was made have champions. I think part of the challenge is because it is a shared effort and easy to say it isnt any one agency or staff person job but a job like this needs a lead project manager at a level of authority that can really bring the other agencies to the table and so that includes how we think about the funds inaudible the rent board and preservation strategy for tenants and protecting those folks who may become unstable due to the stationism one thing i heard loud and clear when i went to the Community Meeting was a lot of folks that were there, they were not planning to ride the train day to day for work. That want necessarily bringing out to the meeting. What was bringing them to meeting is insure this was a asset in the community and benefit in the neighborhood both for job creation of constructing the station, operating so working for cal train afterwards, if that is a job opportunity, and as i thunk we heard a speaker, a access to the job so that would be access to jobs and maybe near forth and king or up and down the peninsula. This is fastest way from bayview to downtown inaudible thinking about these investments this rail line has been here 150 years so longterm of the location. I think looking at that very seriously, how we have this be a job pipeline for construction and after what kind of training or opportunities do folks need now so they can access higher paying jobs up and down the peninsula and adjacent to the cal train. One thing wanted to understand and dont know if you know the answer to the question around prior budgeting that occurred at the cta level. There was maybe 5 or 7 million of prop k funds previously allocated. If that is funding that supported this study or used for Environmental Review or if you have a sense what the money is for or used for if it is used already. Yeah. So, allocation is a technical term so wont use that, but there was a line item in the 2003 prop k budget that identified a implementation of a cal train station in it bayview in particular. Some of the funds have been spent on the quint connector road and grade separation. All of which designed with a eye towards not precluding a station at the location. That is not the only line item available to advance this work as it moves forward so there are transit enhancement and diabigation for inaudible under budget that we can look to do that. I will also note that on the November Ballot will be a updated expenditure plan for the sales tax in San Francisco which will once again replace the previous 20 o3 measure with a new set of things where i believe we proposed approximately 28 million towards implementation of the station. If the ballot measure were to pass it is about 28 million for the station and that would be basically gettingifwe saw the cost estimate depending on the location, 80 million for oakdale. Does that include all the work the environmental clearance and items or mainly just the construction itself and the harder soft cost for construction of the station . This is like zero percent design, so dont get too attached to the numbers. We have all seen what happens to these numbers but given what is known, yeah, that would be a early all in number, correct. Alright. I thinkassuming some of the numbers hold, 28 million is getting part of the way there, not all the way or half way but can see if the voters agree with that. I just maybe getting deeper into the next step for environmental clearance is that something the cta needs to havefunding this fall for the Environmental Review to begin . Is thati want to understandi want to get specific on next steps so those listening and us as the commission as far as accountability understand what we should be seeing if this advance to a real station this year or in the near future. Sure. I dont think inaudible specifically this fall so what well see anticipated in september is request to for funds to button up the planning work hopefully at preferred location we can advance into environmental and do some of the background work we need to do. inaudible highlighting how many different agencies have different jurisdictions over different parts of the project and to your and other commissioner comments, part of that prework is being very clear and very clear in getting agreement on what role each folks play from leadership and support role so we want to be very clear on that and have that laid out before we come back to funding request to complete the environmental work so i would look for that more in 2023 then this fall. Could you share a little more of what in your opinion may be needed to decide on the station location . You heard support from this commission to support the proposed oakdale location. What other studies or analysis are you envisioning would be required to settle on that location . I think what we heard as the june Public Meeting at the bayview opera house was a few questions from members of the community and i dont want to discount the fact there are voices in favor of the evans location who also added questions to that. I think in particular estimation of ridership for the locations that remain not just numbers but what trips are people making and not just headline number but where people are coming from and where they are geing and utilizing the station, i think we want to dig more into design. We are doing zero percent design so want to advance that to more certainty on the ground what it make taith to deliver each station and make sure there nothing in the dpround and right of way used as a railroad over a hundred years that is going to cause us problems once we inaudible we heard from the community there is concerns around Environmental Remediation if the project advances and getting to answers on that and also the question you asked sharpening the pencil on cost estimate and have a good picture what we need to identify moving forward for the full funding plan. Those are great points and i want to underscore the Environmental Remediation concern as well we are all familiar what happened with the brt once we dug up the road and found a lot of fun things that delayed us so maybe find those out ahead of time. The few things i want to add before we move to motions are in talking with members of both cac to understand what the different visions are for the evan station and oakdale station, what became clear to me is the evan station is really seen as more proximate to the hubt a evans and third street where you have the new Southeast Community center, city college, the Shopping Center and it is seen proximate to that location and part of the revitalization of the bayview neighborhood and proximate to india basin and shipyard it isnt necessarily walking distance but on the evan corridor so i want to just underscore, i think that is important and we shouldnt leave behind that connection. For me, having visited the sites, oakdale is a far superior physical location to evans in my opinion and i think looking at the data and information suggested it is more proximate to balance of residents and jobs. The cost at least again estimate at this time is significantly lower then the evan station location. I think the benefit also of oak dale is proximity to third street because the angle of the rail line, it is shorter walking distance to third street then the evan station location. That being said, the corner evan is third and 15 minutes so thinking about the Street Condition and connectivity between that corner and station and from oakdale to evans you can begin to get folks who can get their easily by walking and also streets to look at the bike network, the Transit Network and not lose the vision of this being part of the revitalization economically of the bayview so people can walk or bike or whatever if they take the rail to the pdr job. It is not that far away so think we can really make the best of both worlds and meet the need both cac are seeing and the vision they are seeing as part of the station. I want to underscore what you said. Didnt agree on the location but want more refined information about ridership to understand really what the potential is for each station. They want to understand more about the design so i wouldif they agreed the cta cares what the Planning Commission thinks if we can look advancing 3 to 5 percent Schematic Design and get a better understanding of the cost that is very important for the Decision Makers and the voters who are allocating funding ult imately so we understand the cost and design that may give more information to the community to cac so they can make more informed decisions. The last thing is they want to get the station. Again, advancing this at the speed that would be more duliberative there is idea to inaudible and get more solid hard information, getfunding allocating, get the station under construction so folks have access to the station. So, with that those would be my comments. I am totally supportive of the motion. I think perhaps with additional message in a bottle to the cta and all the different agencies that are part of this we also look at the Economic Development and gentrification displacement of the station while we do the work to prepare for the actual construction of the station. With that, i will call on commissioner debating which station and get more hard information, funding and the station under construction so folks have access to the station. With that those are my comments im supportive of the motion. I think perhaps with additional message in i bottle cta and the agencies that are a part of this we look at Economic Development and displace am impacts who i we do all this work to prepare. Commissioner koppel . Make a motion to endorse the study encourage and urge next steps as soon as possible and also prioritizing the oakdale station. Second. If there is no deliberation there isa i motion seconded. To adopt a resolution to endorse and xurj prioritizing that station. On that motion commissioner ruiz. Aye. Diamond. Aye. Commissioner fung. Aye. Commissionering imperial aye koppel. Aye. Moore. Aye and president tanner. Aye. That passes unanimously 7zero. Before we move on i want to thank mr. Johnson for his years of service and the transit agencies you worked for it has been a pleasure when i worked with in the department we wish you the best in your future endeavours thank you again and hopeful low you feel well rewarded for a job well done. [applause]. Items 12a, b, c and d. Case numbers 2009. 015903. 2021006611s hd. 2021007611dnx and var for the property of 15 huh human through 1540 Market Street. One oak. For consideration of adoption of findings and statement of over riding considerations. Shadow findings, downtown project authorization and the zoning add administrator will consider the variance for height exemption. Note that on june 30 of 22, after hearing and closing Public Comment, upon the matter was continued to todays date by a vote of 70. Even though Public Comment was closed we will be accepting Public Comment today but will limiting it to 1 minute. And commissioners, the basis of the continuance the primary reason was that to allow you an opportunity to review the Environmental Impact report. So i will ask each of you to affirm that you have actually reviewed the Environmental Impact report. And i guess i will go down the list as calling a vote. And you can just say yes or no. Commissioner ruiz on the review of the Environmental Impact report. Yes. Commissioner diamond. Yes. Commissioner fung. Yes. Commissioner imperial. Yes. Commissioner koppel. Stepped away we will get him before he votes. Commissioner moore. I have, yes. And commissioner president tanner. Yes. Thank you, commissioners. I will ask those who will comment, we remember your comments we were here last week you have a minute but you have spoken, you dont necessarily need to speak again. Thank you. Greatest will good afternoon politic tan sdper violent moore and commissioners in the chambers and those participating remote. Good afternoon will nick Foster Department staff. I provide testimony last time. We have received an additional letter general low celebrating the proposal to add 500 units to the site. There was very specific type of questions raised i responded to the member of the public. The elevator version is this is a reentitlement of 2017 project changing from 3 where are 4 to 406 units. And same land use program. The same massing and same design. The department stood behind it and recommends approval. I am available. Thank you, again. Did you want to afford the sponsor time . Would the sponsor like to share anything . You dont have to. Thank you. Open up Public Comment. Members if you like to address the commission on this matter and in the chamber come forward and line up on the screen side if you are calling press star throw to be added to the queue. You will receive a minute. Really 1 minute. 2 minutes would be bad. Bhonlt. I mean. So you have addressed talked about the wind. Addressed the reduction. 50 open space. Which include the canopies and artistic elements that made that place attractive. And the loss of the small retail. The main e aggress for deliverys and pick ups coming through there. That opens that so called open space. And the below market rental which presumablely would go up from sfo to 92. At 20 . There should be a new agreement about that location. Reducing the bike parking by over 112 space when you increased the number of units by 150. So much to say. Hello carpenters local 22. My colleagues spoke last time i was not going to speak i want to stand up for this project. It will put a lot of our workers to work, carpenters. We are all for it. Got guys ready to work now. Yea. Approve this project. We are ready. Okay. Last call, excuse me remote callers when your line is unmuted that is your indication to speak. This is sue hester. This is a highly irregular. [inaudible] on the list for no comment from the public and adding one minute at this point when people are told to go away is not sufficient. I am reiterate my questions and e mails. There has been issues pushed under the carpet by planning regarding the Environmental Review. And you didnt have an opportunity to information on the design of the building. Based on what are the impacts of the building. On tncs special winds. And bicycle operations i ask you to not vote on this today. Give us time to finds advertise so people can speak. Thank you. Im [inaudible] your local [inaudible] im here at the site of what would be one oak and [inaudible] area to build new construction housing here. I think we should pass it. And allow it to be built. Thank you very much. Okay. Last call for Public Comment on this item. Here in the room come forward if you are call nothing press star 3. Seeing no requests to speak Public Comment is closed. And this merit is before you, commissioners. Thank you. I do want to thank those who call immediate and here speaking we did have 3 minutes of testimony and times we continued to have a minute for Public Comment we are continuing that. That tradition. Are there comments or questions from the commissioners . Or motions . Commissioner moore . Commissioner moore. Yes. [inaudible] clicking on my mute and stop [inaudible] start video. I had a number of questions last 2 weeks ago. And while im in full support seeing this building turn to a rental building and im in full support seeing this building becoming denser, i have a number of questions and that regard that pertains to information that is provided us sufficient. And does this building really work. And im going to previously out line for you 8 questions and i think this project looks like you will be approved today i believe this the questions are important. To put to the record. Let me story with completeness of information. The drawings 3439. Are missing. And so is the drawing for floor 40. Make its harder to understand what is going up what is going on the floors. Missing information and deals with drawings for podium and tower levels. The diagrams are shown are sketch blocking diagrams and there is not enough information to see the layout of each unit. There are no door openings or swings, it heard to understand the layout. Blocking diagrams. Simply serve to complement the number of units dont give a clue to universal access availability or other information that this commission typically receives. And while i appreciate a note on the washer dryer part of a rental building does this substitute for more complete unit information . I have a question about circulation and stairs. On floor 15, the architect proposed a transfer stair and im asking why. The stair transfer at floor 15 is pending and has not been received Fire Department approval while Fire Protection and vertical circumstantial ligz in high rises is important the project should had a preapplication conference with sfpd to get this clarified before asking for approval. And to have this note on the note is negligent. To require emergency exiting, from the upper floors of the tower to residents reasoneders or matter requires Emergency Rescue by Fire Department personnel to exit one stair and transfer to a common corridor where they serve other unitos floor 15 to another stair well location appear insane and significantly safe. And if the architect claims they had the necessary fire rating in the corridor for [inaudible] it is not something this one see in construction any longer. Look at exiting stairs on level 01 floor plan shows a Market Street exiting stir and eming on Market Street just east of the 505 retail space, that stair when you examine the second floor leads to nowhere. Try the stair toft residential floor no audio. As to floor 41, it is called by definition they are enclosed spaces this is not a roof deck it is an occupiable space by defy anything. Building bite roof or over the last occupied space and proof previous design 400 feet in the revised plan today in front of commission this height raiseed 415 feet and 3 inches. I ask the department to show that there is precedents the approved max height in anying San Francisco project roof deck its is an occupiable floor. The next question deals with building open spachls for the tower 29 on floor 23 and 32. Showed diagram allocation of a 6 foot continuous green band equals the stairs along the west faith side of the tower. And does not show how these houses accessed on a unit and the podium drawing number 4 for 40 shows west facing the hearing an active accessible open space. Balcons on upper floor provide open space labeled p lane and 12 on the floor where they are shown there are privacy issues on other floors the 2 balconies dont work. Next is about and facade artic lagz. Increasing the tower and the way the skivent building is handled is difficult. We dont see facade articulation. No expression of Building Base, middle and top the department insisted on. The Building Base is undistinguished with no articulating building crown. It is simply a uniform mass with building skin almost uniformly applied like a wall paper. I mentioned transparency. The market plan calls for 75 the previous revised plan shows a room debt space by definition and only 21 dedicated to retail, the through lob that he come from oak to market does notment to lead to activation [inaudible] flies in the face of good urban design at planning promote exclude enforced over the years we worked together. In the previous version we had 3 elevator options. The intent was to keep it open study how [inaudible] elevator that leads to [inaudible] put in with a now completed station on van ness. The elevator option that is proposed in the current plan sits smack in the middle of the entrance to the retail entrance that straddles between oak and Market Street. I would ask that the design of the location of that elevator be reopened as we have a significant reduced open space that is now further occupied by an elevator. But what struck me as important to note and to mention is there is a height chrome in this building. Compared to the previous version. The first residential floor and up to 16. 5 overnight plaza now. In the beginning, we had a building with 2 story height at grounds floor by which the height of floor 3 was 18. 6 in the new revised project it shifted 25. 8. When you tweak them throughout the building, when you arrive at floor 40, the previous drawing the previous scheme was 377. 2 inches. The new project is at 387. 7 that expresses further when you in to floor 41y where we had 387 and 10 inches and now we had 399. 7. The mechanical level in the design at 400 established the height and max allowed height of the roof for which the variant was given. New version shows the mechanical level to be at 415 feet and 3 inches. The top of the screen previously was 420. The upper rim of the building that we see today is 437. I question the environmental and ceqa concerns that i also listed last in the last meeting. That was wind impacts, shadow and public parks, below market rate house and ceqa impacts of tnc. My occurrence i put them in the record for consideration. Thank you for listening. Thank you commissioner moore. I will say i started taking notes i did fall off at the end the topics you discussed i would be interesting hear progress staff are height how we heard about despairs exiting. And occurrence around that as well as the bathroom layout and unit layout. There may be other items you would like to respond to staff or the vpns and a points on the sa laterium they can be part of open space it is having a roof where a roof deck would not. Solarrium. Yes , i was degree my best to listen from the comments and take a list here. Regarding height. The height and bulk limit is 400 feet. The finished roof height of the proposal is 399 and 7 inches it is within the height and bulk lim. Where things get squirrel and he we unpack technical jargon section 260 provides exemptions for above the limit. They are required by the d. Building inspection or help Service Residential floor area for residential open space. In this case we have know 20 feet allowed for a host of mechanical and heating, cooling and so fourth the elevator penthouse the footprint of the elevator shaft does exceed 20 feet and where the zone add administrator am perhaps take action on that height request. The code is specific that an engineer in the state of california o point necessary to service the floor. There is an over run. It clips the floor height. Height 20 feast exemption. And roof top screening the screening guess with the elevator over run. It is designed to screen the elevator over run itself. Regarding stairs i might pass the buck to the architect who is on the line it is a code in the building not mrafrng code it is a fair question. Regarding bedroom count. I can show 2017 and the concern plan. On your screen is a flar flan 412. This is from the 20 upon 17 approved plan set. Place holders for the unit it is studios and 4 bedroom units most on the floor were 1, 2 and 3. And the current set more information provided including the bedroom layout for the unit tos tease out whether or not we are doing master bedrooms we are not. Each the bedrooms fronts a street with the exposure requirement or front on to the outer coward yard the western side of the property. Commissioner moore said we have wash and dryers for each unit. If the commission would like moving forward to direct the department throughout director to have 4 more details on liouts we can provide that. It me this statute land use layout and denotes where bedrooms are and not. The other questions i wrote building height. The solarrium may be a miss use of terminology it is open to the sky. There is a thin canopy on the western area for benefit of residents using the open space. It is windsy at 400 feet. And the elevator that is a to whichic we discussed with our friends at mta. Duly noted on that. Good afternoon president tan and Vice President more. Rachael sheplanning staff. I would start by letingly you know we conducted 3 technical study in support. A transportation analysis. Shadow study and wind tunnel test. Im happy to more questions on the topics if you have them. Commissioner moore if she has specific 1s to address she can let us know. We will go to the project sponsor and or architect if they want to address any of the stair exiting. Or the topics that commissioner moore has asked about. Steve, project sponsor attorney. One thing to add to what nick said this is there an exemption height exemption for enclosed up to 16 feet in height on the roof of a building that is ours ours is 16 feet within that exemption great. Thank you. And our architect is on the line. We can speak to architectural issues commissioner moore raise said. The stair and exiting. Why i need to know his name or number. Yea. Hello good afternoon. Commissioners regarding the system compliants with the Building Code. And it does employ a strategic of transferring a stair which is allowed in the Building Code and accepted by San Francisco building department. For example the project at 50 jails which is constructed. And if we have to do anything that changes that system we will do that within the building being improved [inaudible]. Thank you. Commissioner moore are there questions you would like him to address. Yes. Could you answer the question of how you exiting from the second floor into Market Street given the drawing of the grounds floor does not connect to anything on the second floor. A drawing mistake there has to be a landing on that stair it does in the work the way it is supposed to. Ground floor is taller. We have additional head room to transfer the stair to the upper floors. That will be [inaudible] in dashed form it does in the the stair on the second floor is in a different location than the landing you are going through. We dont to spend time on that. Appreciate your comment. Thank you. Commissioner moore before i go to commissioner imperial is there anything else you wanted the team to address. No , i of course those are questions as the drawing goes through work that people should consider thinking about. Thats all. Thank you. Commissioner imperial . Yea. I have a question to the vpns can you reminds us in terms of the benefits agreement compared benefits agreement in 2017 to the concern benefits agreement. I dont think that was how they compare . Compare what are the changes that. There are not substantial changes. We adhere to the letter of the agreement itself and and a directed Fee Agreement we target evertarget affordable products from upon not a but within a neighborhood. Some of the references made in that original agreement have been accomplished already. There were a few element in that and the mayors press briefing that have been done in the course of time so it may be out of date in that sense. Agreement is the same in terms of housing off side street will be 35 opinion 5 million . Yes. Is hasomething. Is that something that is already being earmark the for an Affordable Housing the twhoon is. It is well, when it is paid mogifrn a fee letter saying that they will direct that fee toward projects in the neighborhood. Has not been earmarked for projects yet. And another that gave us 3 projects within that area that they could be directed at. They could not commit to one. And one thing from the last hearing we had, there were many Public Comments about the decoration. Public plaza to oak. The changes in the project, i understand you are trying to opt myself the height and bulk of the zoning as well that perhaps it change the in terms of the00ue know in terms of that loading area of the where it is being directored at the public. Jot loading your in the same place as the design what changed the building shifted toward vaness changed the configuration slightly but public areas other same. The private area moved within our Property Line has changed. You dont so i guess it is proper to say it is not a 50 off for the public plaza. No. Thank you for this. If i say. I thank commissioner moore for her detailed review of the plans. We will meet and continue to work with planning staff as required to do during the design and construction documents. There are Community People say thering are Community Benefits agreements that have changed. Im understand whatting changed and im hearing something from the public and hearing different. I understand that we have to optimize this but also, of course as a commissioner we make a decision based on the commune benefits in terms of land use however what are we trading off here. My concern you presented us in the last hearing the financial feasibility has to change. Im not going to lie i have concern in terms of the financial fees act you are proposing now. This is a big project. 300 units before and not because this is personal opinion. I dont think because of pandemic this was in 2017. And now we near 2022. We are proposing 400 plus units so im trying to get a confidence um that this is actually real materialize. The fact that if we are going to build i think of this. Like if we will build a large project. A large there needs to be more on site than off sight the calculation of the inclusionary housing fee is less than on site. I think thats not the case here necessarily. We are our 35. 5 million fee if you used gap used by moto finance affordable unit its equals 142. Affordable units made possible by this flif and a half Million Dollars a 31 affordability ratio. Higher than on site. On site it is less than that. But the economics work that way. There is another process issue which is that if we get the in lieu fee option approved we go to an on site afford at if that is financially favorable. We cannot got other way if we get it approves on site affordable we cannot switch to the in lieu fee that is a consideration. As to the viability of the project, you know it has gone from first of all, the World Economic situation not in my control. So i cant say whether this will be financeable now or in the future. Near future, far future. Obviously, we dont make money by sitting with this project not built we want it built. The economic environment is such that it is easier to finance a. Became impossible to finance a 304 unit colonelo for sale project. Soon after we attempted. We attempted finance this project had approved. We tried for 5 years and with a year and a half ago realized it was not financeable as such. The Department Project of this 450 units is financeable. Or was at that time. Whether it is now or novelty is a question that we will address when we get approvals here and get in the market and figure out how to move forward on this. That is what drove us to the expense, the cost and the time that we taken to reentitle the project. It it is simple low that it is more feasible in this currents state than the approved project was previously. And as of now do you think you have a lot of communities support for this project. Why yes. I think we do. I think we have the same support as before. People want to see it built. It is a good project. You know we have a good reputation as a build and developer in the city. They like to see it built and an important project for this intersection. Yea. In terms of, and thank you very much for your answers. In terms of when commissioner moore made comments on the architect side this is not my expertise. I believe this intersection is important. An important intersection in the city. That if we are going to build as granldz as this project the architecture should be great as well. Will im confused how it works how would be that paying the off the in lieu fee would equal to 31 Affordable Housing so i understand how we get more Affordable Housing than if you were to provide it on site if you take the gap necessary to finance an Affordable Housing unit in San Francisco. The amount needed to be made that is 250 thousand dollars. That is money that is in the financed by federal, state, local grants loans, programs. That funding. So the calculation we make is take 35 opinion 5 million and divide by 250,000. Okay. I mean it sounds great im torn here im not enthusiastic about 100 mark rate i feel we need more equity. And i know other developers have been create and i have increasing there on sight inclusion rear partnering with nonprofit organizations that house folks with section 8 vouchers. So you know may be you might be open so key we see equity in the project and hoping. Could you speak more to what commissioner imperial was state nothing terms behalf is said in the communities in terms of diminished Community Benefits you state that is not the case it is the same. We have a benefits package for getting the number now. Ho includes all the fees the affordable pees and the additional fees that go in to building this. Those are you know i dont know if you know build on the street here. We have in the community. We did the lindzen street improvements the building we are in. We worked on patrish whys green. So all of. It is improving the Community Around us we are doing it and building the oak plaza, which is we this will be the fourth public plaza we have didnt one of our projects. They were did and exceeded the cost of the available funding oui funded those out of in kinds and out of pocket foes. We asked to be absolved we did not want to get in the process of are getting these arc prudent personed by dpw and the Fire Department, build and Planning Department. It it is a spider web of approvals and design but kwht neighborhood asked to include it back we did. We will include that in. The target of affordability went neighborhood. The targeted project this is we will work with moon. So i mean arc side from that, thats what we are providing you have a minute. The imfact fees the 415 fee alone utilizes the afford housing methodology which is more generous it is contributing 7 Million Dollars more than under the current fee the old fee method was based on door counts the swing from 304 to 460 drives update prorated number. Thats the 20 million on the 415 alone. Referenced 35 Million Dollars in total package. 20 million of this is the section 415 fee and delta is a combination of the market and octavia and neighborhood commercial housing fee. And section 421 the Market Improvement Fund and those 2 impact fee code sections are hard code. The money must be spent in this order priority. Must be within the residential sushgs, d which it is. And if not satisfied via bucket a it goes to b and c. Clearly the intent if the code is it prioritize the Affordable Housing in the project site area. Hopefully that helps thank you. One more. Ready to put the unit on the site are affordability ratio is 21 opposed 31 afforded by the in lieu fee. Thank you. Thank you. I dont see other commissioner comments. Or questions. So if there is commissioner koppel i make a motion to approve. Seconded. Commissioner koppel you had stepped out when i asked the commissioners to acknowledge review of the Environmental Impact report f. You could now. Yes, i acknowledge. Excellents, thank you. Second the motion and thank you for the comments and robust discussion. Very good commissioners, if there is no further deliberation a motion that has been seconded. To approve well. To adopt finding in a statement of over riding considerations. Adopt shadow findings. Approve the downtown project authorization. And thats it. On that motion commissioner ruiz. No. Commissioner diamond. Aye. Commissioner fung. Aye. Commissioner imperial. No. Commissioner koppel. Aye commissioner moore. No. Come president tanner. Aye. So moved that motion passes 43. With commissioners ruiz, imperial and moore voting against. If the acting zoning add administrator could weigh in on the variance. Hi. Acting zoning add administrator, i want to acknowledge i reviewed the past case material as well as the associated documents relate the to the case. For the variance relate to the relief from the above grade parking setback requirements and height exemption i grant a variance noting the sponsor is demonstrated the requirements to justify the skrarns approximate height. Excellent. Thank you. Commissioners. Item 13 case 20201252 c. 2030 union street this is a conditional use authorization. Good afternoon. Department staff. The item buffer is a conditional use authorization to planning code section 2. 23 where are low and 775 a now Cannabis Retail use union street Cannabis Club in a vac 2030 union. Site is within the Union Industry neighborhood commercial district. The space is occupied by a barker shop terminating lose by july of 22. Since they intends to relocate to a new commercial space. Location complies with the 600 foot rule under the planning code section and the vicinity the approved Retail Store Front is [inaudible] located at 1861 union and is 17 feet from this site the closest other cannabis are 1700 lopbard. 3109 fillmore and lombard street thousand feet away and approved the last 3 year. None of the cu entitlements vested with a Building Permit yet the schools are hamlin the sacred heart. St. S vincent. San francisco public montessory. St. Bridgette school and day school all are at a distance in the range of thouz sunday everand to 2500 feet. Other sensitive being locations issue [inaudible] these locations are not identified as schools urn the planning code in response it is retail store is designed to shield product from view if the street maintain being transparency of the facade and Strong Security presence. And staff monitoring the store front it is not authorized for on site smoking. The hours of operation are 10 a. M. To 9 p. M. The project is proposing tenant improvements and signage that will be under a separate permit. Sponsor conduct the out reach meeting and mre application meet nothing 2021 and a Second Community mote nothing june of 22. And attempt to address occurrence raise said. To date the department received 7 letter in support and 13 in obsuspicion the support ancientor of the balance this business bring the be being direct your attention Cannabis Retail uses and opposition crime, impact of cannabis locations near and distance with the businesses. Displacement of 10 annuals and community out reach. Under code 1613 equity applicant is permitted to have 4 interests. The applicant approved for another location at 2424 polk which ahern approved. In summary. This project complies with zoning and policies. Provides new business activating a vac an space. Complies with the 600 foot room and the program goal. The Department Recommends approval this conclude my presentation the applicant has a presentation and will take over now. Thank you you have 5 minutes. Good afternoon. Philip lesser. Project sponsor mr. Lee chan who has the union Street Commercial Properties Llc which owns the building at 2030 union street and the tenants a and e green solutions. Edwin andal the 3 folks mentioned are here are ready to respond to questions you have. Or the public may have through the chair. As she mentioned there was community out reach done. And was mostly positive. There were a couple of concerns she mentioned the ones we responded to were is this a compatible location for Retail Cannabis . The union Street Commercial corridor . Will there be sufficient security or will there be over beering security . Is cal hallow over saturated with Retail Cannabis. Is the concern tenant owner of the barber shop being displaced. With regards to compatibility the space is 996 square feet and 70 will issue your that the public will be able to get in. You have to have office pace and inventory and a safe. So it will be a boutique cannabis location. It sell shoe horn into union street and will fit with the scale of the small retail establishments on that street. The inventory will not be visible from the street. There will be attractive screening on the bottom of front windows. When you pass it is will look almost like an art gallery. Can we put that up . That is up there. You are always ahead of me. Thank you. Mr. Al has been here several times in 2010 you approved his heeling center. When will we were selling medical cannabis dispense sxaers when the law came in rebranded to the migsz Cannabis Club it an oasis on mission. The best this is the season where you are wearing burg andy. What can i say . We are basically going to bring i dont know if this happens Mission Street will bring class to union if you approve this. That said. Tell be very compatible. Everybody recognizes what als done the neighbors, the local officials. And even state officials. Left year got a certificate of appreciation from San Francisco y own fiona ma now secretary of the treasure. The state of california. So she is just an icon. With regards to security, there will be a well vetted security plan. It all staff will know about the neighborhood on the street wearing t shirtings like the rest the staff not armed gurds over saturation you have men on union street. Inform terms of vacancy, ho im happy to say made money to buy her own place. She bout a commercial place on lombard and advised lee chan she will leave the ends of her lease then of this month. With that said we addressed all concerns and here to address anything you like. Thank you very much. Is that concludes presentation we should take Public Comments. Members if you wish to address the commission from forward. If you are call nothing press star 3. Come up hear where you are line is unmuted that is your indication to speak. This is Erin Mckenzie i want to point out this site is squeezed with 2 restaurants the palm house and wild seed below 2 floors each with large out door north facing adjacent to residents, oldodor will be the issue. [inaudible] this site will kill adjacent business and reduce property values. No audio. Good thooven is bridgette. Great. I live in cal hallow in the marina for 29 years im a past president of land marks an active member of the community im out of my normal here i feel strongly this project will do nothing to improve our neighborhoods rented office space is the block i walk there every day and seen a decline. My husband and i raised our city in the city this project represents safety issues and poor examples for experience i dont appreciate the sponsor lack. Neighborhood out reach a first meeting on december 23 of 21. Then try to move to Planning Commission hear nothing may without another neighborhood meeting after several object to the the meeting 2 days before christmas. After several of us object said the hearing was continued and second meeting required but that neighborhood meeting was not required to dot same noticing that the first meeting was done. Same amount people were not noticed. I finds that objectionable. At the second meeting the sponsor was asked to out line security plans they did in the i dont support this business. We have several the stores and another under construction how many do we need . Doesnt the city worry about over proliferation of businesses the office of cannabis overwhelmed. Most people have no clue there are more in the queue and one operate nothing legally and took the city mons to shut it down. Does the city regulate formula retail and the number of coffee shops and restaurantses. Think about the number of businesses. I ask you deny this until we know the impact of the businesses and the total number of them that being be approve in the our neighborhood. Thank you. Can you hear me. We can. Im an arc counsel manage for mammoth distribution i work with al and [inaudible] the last 4 and a half years. Nay are my favorite shops to work with. [inaudible] the things he does for the community the willful professional pimp arc mazed me. Not only they have been partners the last 4 years but they helped me with my own personal businesses and begin me the best advice. Thank you. Hi, commissioners im a mother in the cal hallow neighborhood and i have for the past 22 years. Im concerned about this job opening up. I foal this we have quite a few in the area. More than enough than we need. Union is sandwich in the a Second Community. There are lots of kids. My children handy [inaudible] on broadway between western fillmore. I follow that you 50 of the kids wuk down to union street after sixtytwoing school. Which is by webster this proposed location. And not only dot kids but several other kids [inaudible] they are walking to their homes. I dont think that we need to encourage more of the shop it is we had enough. I feel the decline in a Family Friends low environment. Family safe environment. I realize that there are plenty of adult venues that draw a crowd in the evening this draws unwanted traffic during the daytime as well. I neil this is over saturated. I dont trust this operators operated trying to get this approved without notifying the commune well. And i neil it is more people had been notified you would have more people call nothing. I have a lot of things to do and most do. I appreciate the commissioners work and i have been listening the past 2 hours of the other project its is in the easy to xhaul and voice your concern and i want you to know there are humans. More this would they known they would be amming to voice occurrence. It is just a very difficult thing to do if you been it. And i can tell you so many of our friends that have left the bay area because of this. I hope you consider. Hi. Good afternoon. I work for wild edibles a nationally manufacturer cannabis Edible Company i have been working with peter andal for 3 years. Partners with 100 ash counts i work with. I have wonderful things to say about them. Their establishment the way their businesses are run. Their security is absolutely on point itch understand the concern. Of the women speaking. I can say that i cannot wuk in a dispensary at 37 years without an id gs going through scour and have never allowed wuk on a floor without that. And mission Cannabis Club does an incredible job of bring a welcoming experience to all their customers and the customers are all sorts of walks of life. Many Business People have had mothers, grand mothers. Wonderful experience at Mission Cannabis with customers of all walks of life and i have nothing but the best to say and im for it. Thank you all. Im [inaudible] i have been working with peter andal for 5 years. All of the staff are very bite boovenlg security is great. It is not overwhelming. It is on point. Do everything according to the luabove and beyond they are in the community doing out reach. They are family oriented. They are just a great group of people. And do a wonderful job at had they do and i would love for this store to open. Im alicia, i wanted say speak on half of my relationship withal and Mission Cannabis. Al is a wonderful operator in the Cannabis Space as a woman for over 10 years. And al stood up for the industry in general. And does well by the community. He has been a big member of the communities and in the mission where he operates Mission Cannabis including you know supporting local businesses during covid. Supports them throughout the year not even in covid. I wanted to say that he is a greatest operator and great person to work with. Good family man and bring value to union street. Thank you. Hi im christine i have been inspect the cannabis industry for 15 years i helped launch the Largest Cannabis Company in the United States. I worked with al and peter. Known them for 10 yers as a woman in the industry i never felt more safe that when i worked with ask al in mission Cannabis Club. I think 2 things one al and mission Cannabis Club [inaudible] a dispensary in the neighborhood. There was [inaudible] by the regional science [inaudible] economic and that Research Shows that neighborhoods that have a cannabis dispensary a decrease of 17 in crimeerate relative to the crime rate over all in the city. In that same county the crime rate increased by within. 7 relative to the dispensary decrease in crime enemy this neighborhood. There was a quote that came out of study if the case that you municipal level changes in crime are aggregation of neighborhood affects the research suggest the legalization cannabis marks would decrease at the municipal level. [inaudible] drug related offense reduced boy 2. 3 crimes per month in the nishgdz that his dispense easier in temperature i understand when our society taught us cannabis is a dangerous drug that veteran, moms, cancer parents and everyone walk in this to get medicine. And as far as children seeing present had you drink wine at dinner a lot of people will view this no different low. And yea, i could not be [inaudible] of any cannabis operator hi [inaudible] im lawrence im friends in an operator cannabis dispensary. I born and raise in the San Francisco. I have been in the cannabis industry for 15 years. With the reference cannabis is every where the same as a glass of wine at din terit is in a controlled environment you have to be be 21 to wuk in the store. You will not see cannabis on the shelves. These days everything is packaged and there is no nel come from dispensaries that have products theory close the and child frost in california compliants packaging. Al is the best operator in San Francisco runs the best dispensary in the mission and arc mazing operator and person for the community. Last call for Public Comments. Seeing no dwoes speak commissioners. I take that back. Go ahead, caller. Im eric im in the it field and work with 1500 merchances and 400 client in the bay area. What we do is work restaurants, bars, notice clubs, retail. Wine bar and dispensaries. I like to say al is professional and clean. I dont think it would [inaudible] they add less noise no disruptions compared to a bar on union street or adding a nice club or bar. It is like upon well protected like clean. Very will not add noise. Yea. Okay. Final last call for Public Comment. Node to press star 3 if you are calling in. All right. No additional requests. Okay. Hi. I wanted add eightyone more comment. If you have spoken you condition speak again. Hi. There im calling on behalf of al and his establishment. He is a wonderful business owner. I grew up in the city and going to school and i could not think of a Better Business more inclubhousive in that neighborhood. That neighborhood tendses to you know need a bit of something there. And i think it would be an arc mazing amazing thing for the community. I think it is safe and i think it would just add culture. And he is an arc mazing owner with an arc mazing staff. I really hope that for the sake of that neighborhood they allow it to open. Foible all thank you to everybody for calling in. Im in support of the store i dont have questions seems like a small space. And at lest in my tenure on the commission a reputable sponsor and good track record. I think the thing i say to anyone listening is just i am concerned about the a bundzance of Cannabis Retail in the city not buzz it is a poor use. Nothing against the industry if we have too many if the distance system too small i do question this. Again this is nothing we are up to discuss today that does continue to be a concern i have and perhaps the board will look at. Resunrising that in light of the number of dispensaries we had open since rec cannabis allowed in the city. Commissioner imperial. Thank you. I do have questions on those questions to the staff in terms of the three pending dispensaries that looks like vest with the Building Permit is that more on which agency that fall is on. So the Planning Commission previously approved these locations come which are near but one of the likes have not yet filed a Building Permit than i are in the started the process. And go to planning approval. The other operation has been issued with the permit but they have not commenced construction. Have we been inquired or the office of cannabis would inkwoir in terms of. Yes. It would be the office of cannabis following up on their progress of after Planning Grant approval the applicant guess through a more detailed process with office of cannabis they go hand and handled after the Commission Approved any application. I have a question in terms of the barber shop that is going to be. Can you explain a bit about our relocation or what is your situation. Arey everare the owner. Im not. Barber shop is. Request llc that owned the property. Can you explain about the barber shop situation. Shop has been their 6 years. She had begin me notice that she will vacate she bought a property down the street on lombard street. She is about to vacate the end of this mont. Thank you. Okay. Those were my questions. Share what president tan in terms of the saturation. And knowing this one of them has not commenced the Building Permit process yet. In a way gives me another idea in terms of the entitlement and the building of itself of the cannabis. Because i see that you know in a way we are put in a situation issue especially me in terms of whether this the adjacent or near by dispensaries will be sfarted or not. But you 99 light and im glad were doing this in person seeing the operator. And you know im glad to see you guys in person gives me a more of like in terms of my hesitation and who is gog do it gives me more encouragement. Now im like feeling supportive of this. But i am concerned in terms of the other permit ands how we think about that in terms of the entitlements. And i i dont know something. But there are these concerns and how we balance this the process of building it because especially there are more project this is may be coming in. How do we we see the full purview of this neighborhood. Yes. It puts nus a pretty sticky situation. Thank you. I wanted to agree again and i dont know if it is something as we look to the future we want to have a larger discussion. I know staff provided memos an update where we are with cannabis and the preponder is handy. It it is curious to think about the dispensaries listed opening being approved the last 3 years and none are i there and permitting what is holds up. Are they role. Men not and for communities members and then planning it is a concern how many are going to come to sustain to stay operational. May be it is something to look to this fall to think about a little control over the policy and understand how thins are going when i joined the thing we were approving was cannabis that changed a little. If we want to analyze 600 de feo is the appropriate distance. You know how do we do that. Is this neighborhood by the commission. When is the process to take another look. It being be through any methods, staff could bring you a proposal. Ask for an informational hearing and talk and bring the office of cannabis. I mean i think you know we looked at in the past the green zone you factor in limitations there are limited yours in the stele where they go and the 600 feet limits that further. We are help to talk to you about where additional dispensaries can go as this moves forward. It gets limitd and when you approve a project. I was on the commission when we did 600 feet and discussion here. Are you seeing the expansion of cannabis all over the city which is when we wanted have happen. Whether appropriate to do deep are dive and see whether we are comfortable with 600 feet. With that i would ask if there are comments or questions on this application. That is before us which is not within 600 feet of other Cannabis Retail. I make a motion to approve. Commissioner ruiz. Why aye commissioner diamond. Aye commissioner fung. We will go live. Welcome back to our hearing. Commissioner dimonand moore let us know you are here. Let us know you are back. Yea. Great. Excellent. We have our quorum. Im here as well. Great, commissioners. Welcome become to the san front Planning Commission hearing for july 14th 2022. Commissioners we left off on the regular calendar. Item 14 for case 2021008851c. Current planning staffment item today is request for conditional use for furthermore well retail establish am at 728 geary. The project would establish a dominos in a vacant space 1300 square feet. The projected would not modify the existing building or store front. There is another existing dominos 1 block to the west at 876 geary there is a high demand at this location and a second near by location is necessary to share demand the property is within the lorer knob hill close it commercial corridors hosting retail use the polk street is to the west and more local low serving retail, instruct and night life use the property is close to union square and vaness focus mix of chain special low retailers. Based on the retail suri have submitted the area is experiencing vacancy 29 of store frans vacant and no other establish ams in the vicinity. There are 8 struns in the survey your 91 focus on piz or nor the delivery carry out. Approval of the project will fill a space vacant hymn to activate sidewalks. The area around the property is primary low by inspect local owned business tell in the contribute to over concentration of use. From the public in support of the project and 91 in opposition. Im available for questions. Thank you. Here on behalf toft experience a domino franchisee. Taking over the store front of geary pizza hut operate since 97 but closed and the space has been vacant. Dominos operates an existing store near by but confident there is demand for the second location if not the new store will replace the existing store. Now store access to 7 parking space and the store is next to the 38 bus stop. The project would not result in change of use other than signage. Changeings limited to layout and what include an expanded take out area. Activate a store front adjacent to a busy bus stop important given our Retail Survey counted 15 vacancy within 300 feat. 19 letters of support and no opposition comments noted the foot traffic would increase safety. We will open up for Public Comment. If you are in the chamber come forward. If you are call nothing press star 3. No requests to speak Public Comment is closed. Commissioner this is matter is before you. Thank you. Staff and the product experience. Seems to make sense i pizza place res placing a pizza place. Motions from commissioners . Koppel y. Motion to approve. Second. Thank you, commissioners on that motion to approve with conditions commissioner ruiz. Why aye diamond. Aye. Commissioner fung. Aye. Commissioner imperial aye commissioner koppel. Aye commissioner moore. Aye. Thank you and commissioner president tanner. So moved that passes 7zero. Review item 15 with drawn. For item 16, case 202000232 if i have drp02, 11 vernet avenue north. Or 313 bernett and 407 bernett. This this is a dregzary rerowel there are 3 disregulationary review will receive 5 minutes one has requested a second one of the dr requestors to represent them and the project experience will receive 10 minutes. I want to make sure something unclear proposal if you are a party to one of the dr requests you live in the household. Public comments others not per to the dr request. In is request if rerowel of Building Permit numbers 202000128. 2900 dp 202002 divan. 4357 to construct 2 new, 9 unit, 9 story residential bellings. 3 requestor the first laura and richard of 300 greystone and arc jays antito the northwest. Propose the alternative to be compensated for loss of income the second dr requestor of 7 bernett the neighbor to the north east is concerned that the project sitos an extreme steep slope with the potential for seismic induced landslides. This combined with neighboring structures result in damage to the receivive foundations. The alternatives are to propose technical studies and measure androus the risk. And also reduce the density of the project. Third dr requestor of 411 bernett the niche toft south of the project is concerned that the massive construction on an old quarry with loose rock and soil requires heightened level of review and caution including testing before prosecute seeding is warranted. It is out of scale with the surrounding upon properties and will destroy the neighborhood feel the lack of on sight parking on local streets and the proposed removal of a tree the removal of another closer is unnecessary. The impact to water contamination and safety have not been addressed. Provide or perform additional technical studies ensuring measures torous the risk and torous the height scale and scope of the project to date the department received a letter in support and one in opposition to the project. The Planning Departments rerowel confirmed support as it conforms to the planning code and the residential design guide lines however, i will get to that. The Planning Department is aware of the steep slope and potential for technical issues at location. The purvow to respond to or regulate as a land ouz outside the jurisdiction of planning. Slopes stability is related adequate design and construction of shoring and reupon taining structures the design and construction practices during excavation and construction is under the technical review of the Sf Department of building inspection. The Technical Report provided subsurface analysis and based of the samples indicates the subsurface conscience of the site no deeper than 21 2 feet below grade. Bed rock encountered page 10 of the investigation states that once the shoring and permanent wall is comlite the risk of land slide is nil. That construction is feasible from a technical stand point with recommendations in the report and recommended sorry. Recommendations taken for both shoring and foundations. Typical of buildings. Increase they sdendz the slope requiring careful attention to the context of neighbors to ensure massing and scale compat ability at the rear. In this case, the massing is moderated boy 3 levels at the rear and further articulated by variations in the plan. Parking is not required by the code no possible impacts of Street Parking assess okay by the Planning Department. It appear list is one significant tree on the site. The significant tree within 10 feet of the public right of way is 20 feet or greater in height, 15 de feo or greater in canopy or 12 inches or diameter measured 4 and a half feet above grade is granted same as street tree and requires permits to remove. The extent of glass window wallless at the roar with the proximity to downhill neighbors exceeds the glazing found in the surrounding context. Staff recommends the glass window and guard rails at roar roweled to minimize impacts to privacy and daytime glare and night time e illumination to neighbors. Staff deems there are exceptional and extraordinary circumstance in recommends taking discretionary review and approving with modifications to one remove the glazing at rear and 2, provide a survey locating trees and retaining and protecting existing significant tree. During construction. And siding and massing of the building of the front provide space for the existing trees to survive and thrive. This concludes my presentation. Why thank you. Why torn clear hol take the time of the third . Rachael abrams. I am dr requestor number 3. I dont know if dr requestor number one is doing remote i am not in context with that. And dr requestor number 2 mackim had allocated time to us. This is brian pershins my life partner and resides at the residence in question. You could have 10 minutes y. Thats when we assumed and thank you. And just we have a technical expertalan crow call nothing or videoing in im not sure how that works that is going to speak at the end at part offer 10 minutes. Okay. Go ahead. Sfgov go to the computer, please. Im brian perkince south of the subject property. In our beautiful city there is lots you build on and not bolled this it one you dont. There are many reasonables i understand why the developersment to develop there t. Is fun. Everybody stops at night watch the sunset and take photograph its seems i deal to create valuable Luxury Properties with views. There are dangers and too many bellings perhaps themmed be build 150 years ago but not now. This is our home we dont have a very slopped backyard compared to the subject property. These are daughters they are our main children their rooms are just next to where this property is going to be constructed. And the recommendations bite technical experts of the builders are fright thing they want censors on our daughters walls daily people stationed there to watch for collapse. It scares us. In is the subject property. There are many vows. Go not site if you can. There are huge project in thes city the commission is dealing with. This is unique property and it is also i think most important low the subject of quarry for many years approximate the subject of a land slide strig triggered by excavation for development. This is what we are worried bh. This is not a typical project. There are exceptional and extraordinary circumstanceings. The scale and scope is so far out of place with anything that exist in twin peeks. Shocking when we saw the photos and how for they want it dig in the grounds and we saw the rear of the project. The technical experts use their technical and engineer being jargon whchl we break does down and talk to who we hired we saw risk and high risk and unknowns. This is in the something you good when you are not sure. When we dont know. Or when you miss lead the commission by suggesting that land slides may be were soil slides we will get into later. The Technical Reports conflict. And we believe lives are at risk. Im not trying tordramatic we are really frightened of our daughters rooms after what we read in the reports. It is a massive project. Look the the surrounding projects in twin peeks homes and du mrekings, dense housing it is nothing like this it is nothing like a huge luxury megadevelopment i want to talk about the property not ours the Property North 7 bernett north. Avenue. It is adjacent and hardly visible. You look over to the sky 39 does not protrude. This is an will example of hawe are tuck burglar. 7 bernett north you see the line almost level with the roadway and the development on the right is out of proportion. You see again here from the rear side looking up the hill this is 7 bernett north almost parallel with the road this is the rear view of proposed development. Our property to the south, this project near low touch today. Our daughter if reaching outside her window could touch the corner of the property the footprint over triple the size and the first of this kinds in twin pokes we ask to you take that seriously it over shadows anything else there you see the both properties 7 bernal end on the right side of the screen and the 411 bernett on the left side. Screen. Our home is Single Family we have multifamily homes adjacent and share a walk way. Nothing to this scale. Our Property Line we see here and the corner of the Development Touching our Property Line. In this paragraph here. And it, yes. Below this, this is downhill and get to this later we dont understand. Nobodys done the study on how the shoring will work and hold back everything. I dont understand and there are many unknowns how they build without trespassing on the surrounding property or how rocks will not roll downhill like in the pedestrian. Developer dont own the property down slope. And it is just as steep. Inner opinion can consult with experts and reading reports. It would be impossible to develop this property would you say trespassing or damaging Neighboring Properties the shaded area is the down slope and the top part is another building. If you go to the site you see how frightening it would be. There are 4 report when is we are done. Fwhon 2010 and 3 in 2021. First one was for a 2 unit residential building and for that they recommend only constructing during april to october and excavaing may to assessment all down slope protect friday large rocks. Unknown impact. All of this tells us there is more we dont know and cant go past the planning and we want to know it will be sxaif like low think a huge reduction in the scope of the project is mess to make it safe to not boar so deep and not do all of the things. Did a koshing where they drilled down and take rock samples there will be experts talking about as well. We can read the words you read the word fractures broken by drilling. Fractures consistent low more than 10 and everything that we see here shows instability. Risk. And we get to the report. I dont want to suggest anything is improper but they are in the like expert reports there is in the a legal basis they dont back up there are statements made unsupports. They say a shoring scheme will be necessary they have in the done yet but in to complete the project. And they tried mislead. And in my opinion they mislead the board by saying a possible lan slide happened. Why would they say possible when it is easy to finds out. They are trying to minimize it get it passes. Thank you. Not sure are you on the phone. One person raising hand is this allen. Yea. He is the expert reviewed the information on the project. You got a minute. Okay. This is allen. I worked for 45 years one of the peer reviewers for the city and count and he highlight the risks during construction are i large. The bed rock is hard make its hard to excavate there are weak zones and that one require massive shoring held back with tie backs that go beyond the property to hold thing in. How that will happen especially in this corner of 333 bernett by the house. We are really concerned about that hill side. It is extremely high. And it is slopes and if than i started to construction we seen rocks fall even before they started the work. The owner cleared the landscape of everything that existed there. This was such an impact on the environment. There were hummingbird and benches and butter notices there were hawks. There were owls. And these animals disappeared. They dont exist there anymore. The hummingbirds would come every year and they feed in that area. I had fellow tenabilities to move they are frightened what am happen there. [crying] im emotional because it is not a safe place to build. It was really a beautiful little habitat. But just not safe. Im rich the owner of 300 greystone terrace the building below. Years ago we had a tree fall through our building through the roof. And i cant imagine what will happen with boulders coming down and making life worse. And i mean we already have a letter of a tenant moving out because of the construction that might be going on. When the everybody starts moving out how will i pay your taxes how will pay my mortgages and expense this is is i disaster compared to the fact my females future i can lose everything i will build a belling that is unsafe. And i irrelevant dont think00ue see that it is completely it is too dangerous t. Is very, very steep slope and i dont understand why anyone would want to build like that. I justmented speak my peace. And id like to pay your taxes if i dont have income when do i do. Thank you. Thank you. We should hear from project sponsor and you have 10 minutes. Why first i will give david leave it right there. To theum hill side it is all big slope. There is nothing to see there. Dont know what it is doing here. The photo where we reeled in our proposed block face will look like. Separation between bellings we are the same height. The reason it is in the trees there are a lot of trees we like trees we dont want to take them out there is no sidewalk in front of the building. If dpw says we have to for the sidewalk we have to take that out. This is a stripped out version. All we used the suri have to geo locate everything on massing. Again. This would looking to the east. There is the site. There is our proposed. And there is the massing. Now, obvious the downhill slope is going to be the most visible. I within to the most physical place i could finds the corner of corbet and greystone this is current. This is where we are proposed to the right you see the top of the the bernett avenue north. You say this is a huge building how did you do that. Wrom out you have 10 stories acrosss the street. Yea they get 6 stories on the downhill side. It is the nature of a steep slope. Fwoort. Feasibility the biggest perks we have about this site is we have a lot of distance between neighbors the closest is at 411 bernett were approach being as a points not doing a long excavated wall. Start with how we doll this. Wrong rocking rolling down the hill hell is let you we are not spup stupid you build a de. Brae wall temperature pick up water. Now water that runs off that slope is unchecked. The second thing you do, this it is all going to be designed we dont do that at the planning thing we got much engineering were looking into. How do you that is beforeen a shovel full of dirt is taken you drill in the hill. You sink a piece of steel when they take dirt out it is not like a big raul. No they slide the wall down. There is never a giant wall exposed. It is the wrong way to do attach the other wrong way to do it is similar you dont do a bit in the back and have a kiny stick front you have a big with you to the downhill side we will bench in the hill. The engineer say this is is fees okay. This is the geeologist. If you look at earthquake induced lan scaping, low impact. We have the structure roll engineer. Geologist said quote. Well is no mist row we spent 3 days drilling the site will be we dont own the land prosecute our bell to greystone. If there was a tree that was a long time. Phase one is protecting trees and making sure we have retention. Of in your packages i showed a shadow study as we step back. We took glazing out and this come in at a point. 45 degree angles we opend that up we know everybody wants a view and if if the neighbors are 411 say we dont like that window we will use obscure glazing. It is a bad thing. Okay. Density. David asked to speak to density wree macked at 9 units. We did look at ad us. We did look at other ways of increasing but it is a can you believe edgead sword. The transportation demand. They are take both buildings together. Are you providing child care or van pools they said 2 to 1 bike parking on the ground floor it is tight whchlt you do bikes and trash and we are providing parking baz it is not close to transportation. If there was an exception on the bike thing but because the building is narrow at the top and thats the access it is tougher to go beyond the 9. We are open to that. We looked into it. Oh. The glass and glazing. We didrous that a bit and important low with the glass and glazing you cant have anything that opens below 36 inches. And right now00 autoview like i said when you look down you are looking at peoples roofs which are quite frankly ugly. All the view is straight out. We are keeping a higher line because of that. And people tends to it is we are going horizontal we reduced the glazing daved came if in on this later. If you dont want glass rion the balcony say so we will take those out. I conclude my presentation. Thank you. Very good. Thank you. Concludingens sponsors time. The public this is your opportunity to address the commission for in favor and against. In chambers come forward if call nothing press star 3. Good afternoon, commissioners im Kevin Birmingham im the son of the owner of the property. He owned one of the parcels since the 70ss. Feature this. Yes. Okay your time will be under rebuttal. Okay. Get off now and come become. Yes. Why left call for Public Comment. No requests to speak, you all have a 4 minute rebuttal. Im going to let our geotechnical expert allen continue as cut him off a bit is he become on. I unmuted him. Okay. Allen, i want to make a couple comments the idea you can put i rock catch fence at the bottom will be crucial however that is not going to collect water you have to have Something Different for water. Well is, lot of ridiculous there already. There is a high possibility significant more rocks just doing anything on that slope. So that is a very, very risky environment. Second low, the slide that happened dodge in greystone did that come back up on the site and all the way across the sxooit not even the slide material within the lot. There is no indication that material will issue strengthened. You have on going loose material downhill. Of the proposed construction. And i guess the final comment is, all of the vibrations taking drilling are has the approximate potential for damageful it is hard to drill in and with 40 foot excavation that is a long time with lots of drilling and will be a problem to get it all constructed. Thank you. And i did as in my review point out that the project geoTechnical Report talked about a global slope state report we encourage hato happen and has not happen exclude as well as other you know the project continues other shoring, and knowledge of what type of equip than i mroon using. We said all the property below this project is my property it is odd shaped encourage to you see the plans make my surveys with my property available it goes upon against it observe that greystone terrace and that property i dont see how they could not put equipment on it. To build this project. So in conclusion we thank you project is very high risk and can cause some serious damage to us not Just Properties but to the safety of people when they built the burnet cono north, a 1 of the equipment driven by a driver fell over and rolled down and was caught before it hit greystone terrace it is man was not injured but those other types of wagzs we are talking about a massive and big are project than that. And on a much more unstable and dangerous slope. Whereen if you read close low their jekelo technical experts stated throughout the reports that there are a lot of uncertainty and unpredictability and there is arc legality of high risk involved. So we encourage the that this the commissioners consider making this scope of the project back to the original plan of 2 unit or reduce pardon an 18 unit massive building. You thank you for your time and we appreciate you listening. Anything else. Thanks. Thank you. The other dr requestor you have a 2 minute rebuttal if you chose to. Sir, du want to give a 2 machine rebuttal you are time now if you wanted to. I look at their complan they talk about cooper street alley way. When you get across the street where cooper is you extend your arm it is 5 and a half feet from the building to the retaining wall. There arive that he grows up that retaining wall example then when you get in the backyard of 300 greystone and looking up the slope of the hill. Where they staked out for this building that will go it is only 8 feet from the retaining wall. You are sitting down on 300 greystone and looking up in a massive set of concrete support that the set foundation for the building they are constructing. I dont see how they will get equipment in there to work on there and remove dirt it it is untenable position to put a massive build manage that location. And the they sill about their view they are tauging about their views of tenants across the roof at greystone you look in a concrete wall. You have the shadow affect of the big building there and you get no sunlight. It just does not physically seem to be able to work. And i know a landowner has the right to develop and should develop it but not develop it at the cost of other residents. Thank you. If i have this right the rebuttal to the rebuttal. Something like that the last comment. First and foremost. You can never have access to another persons property. You cant let the water frommior building or any part of your property drain out and you certainly cant have rocks rolling down i dont know why the geotech mentioned a net. No we need a debris wall. Water be permanent all of the drains from the officer get connected. It is about 10 foot 6 with buildings on copper alley the slide happened in 1957 a joker grading now currently the deepest amount of material on the site is 30 inches there are other places the bed rock sticks out and this is the point where stabilizing the hill side as you our geotechnical sides once we are done stable will be better than now. Trees will not fall in peoples houses. Stability report. We have a lot more engineer to go. This is the first rounds of engineering we start here because we dont want to get too far and say, gee we made a mistake have to go to plan and make a change. Equipment you condition have any equipment personnel you cant have a piece of litter going on property without written permission. And also the size. Besh bernett north is bigger. Thank you i think you saw the sunlight shadow i sent out with your packages i chose not to address we step back you up the hill. It is a hill side. The sun guess down behind the hill thats it. Thank you and have a good evening. Okay commissioners that concludes the presentations and comment period. And this matter is now before you. I want to thank the dr requestors and the sponsor. I want to acknowledge i understand the concerns you very much regarding the construction. On the hill. I think one of the challenges is that in this city it is multistep process to get proves and i know you heard this from before from others. The Planning Department is concerned with a certain level of review. Not anything to meet the very real occurrence will not be answered at this fizz tell be as it goes through on to getting the Building Permit. We at planning have concerns but mainly charged with how do things look and interact with the public and private spaces to each other. Are you complying with the planning code and the more life safety things live in the Building Code and other code nas others are responsible for. I certainly feel your very real concern and you should concern to work with the sponsor and follow this project and rnldz what safe guards in in were place the challenge is some questions are not answered if the project does in the have planning approval the questions will not get answers there is in reason to answer. I have a few questions for the sponsor if you can answer. Share a bit about to the degree you are aware how you plan and you showed the diagrams for construction and need to access the property is there anything about what you plan to do for construction or how you plan to construct the building on the site yes. Can see as you drive watching them expand highways you start at the top xu extend walls down not the bam and you dont dig hills. The remember the very top we gota get 15 feet worth of sidewalk and start with a platform and work down with the exception the first thing is add debris wall had is we than is critical. We have doing this too long it get sued on manage like this. This is how you lose your livelihood stupid number one and the neighbors are absolutely right to be concerned and we will be happy to condition to share information as we develop it. I dont know if i answered your question. You think so. I wonder and i know upon my time on the board of appeals with commissioner fung we would have similar projects and concerns and different monitoring was discussed that was a concern. But the type of monitoring for found egg or vibration you used to give a sense of what might occur. Okay. We have a shoring engineer online if you would like to hear from him. What i will say simply. Is this is just the beginning. The city will look at it tell be peer reviews and reviewed again we will go for 34 layers it is important and we acknowledge it is important. If the engineer is on line i would like to hear regarding. And the structural engineer. Either are fine for me. Im online. Yes, high this is enginey, can you hear me yes. Describe a bit about what what might be tipical for kruck and access to the site and monitoring that neighboring Property Owners would be aware of to understand if this project is impacting their site as construction is going on. Great. Thank you. Talked about a lot of different layers of review with potential reviews but with regard to monitor we suz visual from registers lands surveyors a way of sprument monitor to measure movement and 100 [inaudible] that is done by monthly. The significant mile stone on the project. Also for this time work it is in the uncommon to have vibration monitoring adjacent to improvements to not what is going on with the. Regards to transmission will. Helpful because it is homogonous. And we tends to be able to have consistencyy in our approach. So visual monitoring with Land Surveyor and vibration with a tripod set up similar to cal train. That answers the question. Xouz me. Sir. Hold on if other commissioners have questions we get to you. Question. So i think that the what i heard is there is visual monitoring and vibration monitoring being be a part and one thing about shoring that might be needed and do you may be too early to know if you anticipate tie back this is need to cross the Property Line to secure the property and the building. I did shoring design we have done tie becomes using 2 system twhoon the crosses in the public rightofway under a minor sidewalk encroachment, typical and think we will be able to build this without tie backs urn the street and common yers approximate not under the neighboring structures. Okay. Thank you. I see that commissioner fung has a question. Im happy to let him go. I dont have a question. Okay. I think our questions for you are for myself are concluded i will call on commissioner fung and commissioner moore. You know most of the discussion is highly technical. Is it possible to build here. Yes. Is it difficult to build here. Why yes. It is difficult. My questions are directed to staff. 2. One is in terms of i noticed that the adjacent buildings frontage are setback at different was that a requirement to look at the setback front setback . Where you know you either average between the 2 or not . Jury room you always ask the hard questions. Im sorry i did e mill that to you. I do not than could be a large thing to be resolved f. This building was set you know has that my second question. The building miss this area are they all free standing. No blinds walls in it appear so. Are there sight yard in the buildings around here. I from a visual scan of the over head looks like there are significant numbers that have 4 walls free of Property Line conditions. That might affect how i view this design then. In terms whether side setbacks or commissioner moore. I have a question for mr. Winslow. In a case like this are the seen as cumulative and below market rate requirements would be enacted. When we have a project that involved multiple cites subdividing or a combination, which is happening here even if there are the resulting buildings separate and on separate lots we consider it one project for the purpose of the below market rate inclusionary requirements. Them is a project that has 18 units the requirement for bmr is 2. Or in lieu fee of 2 Million Dollars. Why was that not explain in the the staff report or did i miss it. It was not in the staff report but might have been an error on my part it is common lawly understand practice of hours the bmrs go with the project not with the buildings in this case. Good to know. I dont think i every koirntsed it interesting sometimes not today to talk about that and explain that in a broader context we have few large sites and the question this come up this is a very height end build with large unit and sure the developer heads a reason forment to do this. Under different circumstances a sight for denseified housing and i ask the same. What do we need to do . These are large i think each are over 2,000 square feet. And i would likeed see perhaps 2bmr on site. I dont know. I am looking for density exit try to find it in the more natural way with science and seth allow ourselves to deliver them. You answered the core of the question yes, thank you. Thank you. Mr. Winslow in light of the question that commissioner fung asked arnold setbacks do you need time to look or concerned that we if wear prove this. There may be an error, which obviously not be agreement i would like to, there are front setbacks. Let mr. Winslow a the question. Let me explain the absence of my answer. I enherit them when they are a dr and give the Second Glance of review in code and design, et cetera. Andeen still there are things that get missed. The concern planner that had this is no longer with us. Zoning add administrator is on vacation, et cetera. If possible, we could rely on the institutional merchandise going through this press from the project sponsor to explain the front setback reporter and how that might have been met commissioner fung . Okay. Why sir du want to share. Quickly there are front setbacks and we did average between those. It was felt the bernett north project was a different thing. Their driveway in copper alley. We were looking at the continuation of the block face and the one on 333 setbacks and articulated the front and the distance between the buildings. We have 2bmrs this has been from day one. On site. Or planning do the fee. I dont know. I dont know we do have setbacks and to the point with 333 we than it is a Single Family next to this. We increased the side setback and made sure it came in at a point so we did not yes we have gone over setbacks. Thank you. Looking at the setbacks, max setback required regardless distance of the building to the north, would be 15 feet. In addition there are alternate. Front setback. And in addition to that, 15 feet requirement well is the building adjacent reduce that potential. Couldrous it but an alternate means of average thanksgiving front setback if you lookament any site plan. Like a1. 4. I believe the front setback meets the code. There it is a line indicating a red line on that drawing that indicates that 3 foot 10 front setback. Commissioner fung anymore near evermore questions. Commissioner diamond. I can understand and appreciate the current part of the adjacent neighbors. Looks like i believed the comments at the beginning they are not within the purview of planning not the issues we deal with. So for those of us who have not served on bpa and neighbors could someone walk through the process where the neighbors have the opportunity to intervene with their issues regarding slope stable. Construction monitoring. Excavation safety and if they are unhappy where their opportunities for appeal are . We will tax team. My understanding is that the issues of the technical issues related soil structural and life safety issues reviewed. Are subject to Building Permit. It can be paled within 15 days upon the theory that the permit was issued erroneous low. Then arc jude indicated that appeal based on the evidence at that time. I think the point here is that as stated, at this level, a planning prove is a basic feasibility scheme attic can it be done . Yes. How . Is there more studies . Yes. The studies i believe in engineering response are forth coming once planning moves to permit stage. And then what happens at board of appeals. I say before yall get to the board of appeals i hope that the sponsor would work voluntarily with the neighbors to dot measures we talked about vibration monitoring, site monitoring. Shareers analysis. If you have your own geotechnical you would like to review. Staying in good communication we love when people resolve issues we want everyone to get along. But if you felt that the agreements with the project experience that there are technical ajs and monitoring than i agreed to have in place were not adequate you appeal that and the board adds conscience at that time with the planning prove and the Building Permit approvals have you the package. What will go forward. And i think this is important to understand. I dont have a question du want to add to this process . Yes. Im the instructal engineer. This will be subject to sac review a public process. And we will reviewing with third party engineer Geo Technical dbi will hire. Approximate all welcomeed participate come we welcome additional input and scrutiny to make sure we the safe and effective design. Gi think that is for steep hill side slope construction. I forgot. You see arc loment of process i know is changing as citizens and neighbors. I do want to say we do hear your concerns and i feel the same level of alarm. Im not an expert in these things at all. I want to acknowledge that. You want to add is this machine in case like this a dr is fileod the sub stance of concerns about the civil and instructal stability. You have seen resolutions that dont come because the parties got together and got the assurances we will be able to access those reports you have your enginey who is already engaged. And be able to do what the president tanner suggesting is kinds of trust but verify. And so i recommend continue manage that vein yoochl commissioner diamond did that answer your question . I would like to ask the dr requestors is that clear. You want to come forward. Sir. Ure can come to the microphone. Yes. I appreciate the question from commissioner diamond that was helpful we were learning the press a fwhit is our first the occurrence inconsistencies like today the expert said we visually inspect had is in the what it say in the report it says crack measuring device. It very instructions it frightening when we here somebody testifying saying someone inconsistent with the report we are novice they are of the experts. We welcome working together on that but the trust part will be tough if they say things inconsistent. She he said a visual and vibration monitoring there are 2 types he was indicating could be in place i think visual seemed to be a term of art versus someone looking at the hill side. We might use visual. Commissioner diamond. The other dr requestor have further questions about the process. Did you have questions about the process Going Forward. They say they are learning as well as they go and they dont have questions at this time. Okay. Commissioner imperial have a question to the project sponse in communication with the communities member in this process, how often perhaps something to in order to we met on zoom a few timeless. They contacted me they said you have a page reference on and i sends them this stuff. Anybody that wants anything police call me. You are the contact person. Why yea i sent the reports to anybody. They are Public Record and my job is it put the different moving people and issues together. And clarity. We cannot be clear enough. So please contact me all of the documents are available as they become. I suggest to be consistent with scheduling with the meetings for the communities so there is a built trust. Scheduling often they contact me and say we have not heard. That might be the problem you may be proactive in communication. I tell you what. What i doll i have their e mail list when is reports come up we have a new report would you like it. That is easy. I prefer that everybody has all of the information because miscommunication is everybodys enemy here. Yes. Yes. That is why i think the communication is key. And having that consistency from you and proactive with build trump moidz and engineers meet to zoom on the site or sends documents how they want to proceed is really up to them. Okay. Everybody time real reached out he responded i want to make sure. Great. We hope he continues and keeps you aware of mile stones as they are reached may be sometimes months in between the mile stones getting reached. I dont see other commissioner hands. We have a staff recommendation to take dr and approve with modifications. Commissioner koppel. Like to voice staffs recommendation and move to take dr and approve with modifications. Second. Commissioners if there is nothing further a motion and seconded on that motion commissioner ruiz. Why aye diamond. Why aye commissioner fung. Aye. Commissioner imperial. Aye commissioner koppel aye commissioner moore. Aye. President tanner aye. It passes 7zero and concludes your hearing today. We are