Transcripts For SFGTV Planning Commission 41317 20170418

Shortly commissioners, the first item on your agenda is proposed for continuance for continuance 201500914drp 3009 california st. Proposed for continuance to may 11, may 11, item no. 2 20142110cwp western shoreline area plan, proposed for continuance to june 8, 2017. Item no. 3 2015018150cua, 137 clayton street, proposed for continuance to june 8, continuance to june 8, and item no. 5 201600706drp02, 752 elizabeth street, proposed for continuance to july 6, 2017, discretionary commissioners further from the regular calendar item no. 12 2016011947cwp, child care Facilities Planning Code Amendment. Needs to be continued in the proposed date is may 40, 2017 not affect of hearing date for this matter and further commissioners on item 18. 18 thank you commissioner president hillis case item no. 18 2016010632cua, 201 steiner street, conditional use authorization. We received a request into the project sponsor to continue this to will you additional discussions with the neighborhood for which there is opposition at the same time the opposition submitted a letter requesting that we not continue the matter and have it heard today ill leave that to your deliberations no to the items proposed for continuance and there are no speaker cards. On item 18 take up the matter of continues if we dont well continue it well hear it at the date it is continued but start with Public Comment on the items proposed to be continued any Public Comment on this item . Please line up on the screen side of the room. And approach the mike and again, were taking Public Comment on the continuance issue not necessarily the item at hand go ahead if youre ready. Yes. Michael gains copresident of the Merchant Association corresponding with the Planning Department on this we had that opportunity to speak one was back in first or Second Quarter of 2016 at the harvey milk i was there and the push back with concerns and second a meeting with their Legal Counsel on february 1st of this year jim abrams and all of the concerns requester communicated by myself and the Vice President and showed up at the rather monthly meeting in march and more concerns the optics are off not only is feels like it is rushed with the april 13th date assuming we as a community might not organization but literally ask for a continuance the spirit is engaging the community as you can see hear from the narrative and the history several instances were given crickets for many months theyve not engaged the community and not hired a pr firm or experienced concerns which i wont get into it is off topic but many perhaps a way forward plus a tactic to defuse the people that many carved out time in their business and privately calendar to be here even if it is in the latter of day and one sentence we understand the spirit should have come theyve give us last week it was number 18 there are 7 or 8 items continued for continuance and so we leave it to you with that background and the understanding the history of this correspondence and engagement which the community is impacted thank you. Next speaker, please. Yes my name is hal fishing resident of the lower haight im informal did a lot of the work on the opposition to this i think the reason given the amount of the Community Outreach they did in response to the community why 24 need to be continued the issues are straightforward and clear as michael said people made time to address this issue i see no reap this should be continued thank you. Thank you. Next speaker, please. Hi i live very close to the coffee shop in questio n and dont see any reason to continue this is just a great example of why the formula retail exists i mean in the past weve had a wonderful coffee shop part of the community and people met there and discussed a well lit coffee shop i love the blue bottle base coffee didnt belong here is a dangerous corner with bikes and cars and pedestrians been added to the congestion with a designation coffee shop for people coming from blocks away to stop off for for coffee not what the neighborhood and city needs thats it thank you. Thank you. Next speaker, please. Hi, im dave in the lower haight ill be quick havent seen any attempt to get Public Comment from the blue bottle all of a sudden want a continuance and have not done nothing thats all i have to say. Thank you. Next speaker, please. And ive lived in lower haight for 25 years a block from the corner and also very much opposed to this store in the lower haight thank you. Thank you, thank you im jim abrams council for the blue bottle we respectfully request a continuance like to have further Community Outreach a sense weve not done enough with sufficient conversations request the community and wed like to be able to do that and understanding there is better to try to there will this in the proposal to better address the neighborhoods concerns and also i think one big issue we want to continue to discuss with the neighborhood that is one of the gentlemen stayed there is a perspective a ban on the wholesale in the lower haight part of outreach in opposition has been discussing a ban for formula retail and somehow were trying to open up that autopsied ban for no morality thats not correct we asking for a cu we are the neighborhood thinks were trying to allow other formula retail to operate in the lower haight well discuss that and the specifics were asking for, thank you. Thovmd on the items proposed for continuance. Seeing none, Public Comment is closed. Commissioner fong. So continue items 1 through 5 and 12 to the fourth. A date for the 18. No proposed hearing date by may fourth or 11. I dont know how long blue bottle will need for the Community Outreach. May 11 gives us a month that will be sufficient. Were also july 11th if . Better but may 11 is one month and would be and my motion to may 11 if we need to continue beyond that. If so jonas. Second. Commissioner Vice President richards. I guess a question for mr. Abrams so i have been on the commission 2 and a half years this is the first blue bottle that came before us in that period when the neighborhood commercial district was a cu was it just the enit is the duty on whether you bottles part or engaged months ago with the history of shown walling crickets telling you what happened. One so for blue bottle on fillmore street that happened just about 18 months ago or so pr in this instance we have a meeting we heard the concerns of the community at that meeting that is clear. This is the 14. For the proposal in the fall. Okay. For the proposal if the lower haight we then working through the application process and reached out to mohammed to attend one the meeting to discuss the meeting the president of the blue bottle attend that meeting we thought we had a positive and truthful go conversation and not one of opposition at least the way we experienced it and in the communication the weather from the letter that came out and the petition that was really i think caught us by surprises based on the nature of the conversation we you know we understood there a bit more neutrality and the petition was more about formula retail in the policy issue generally as as opposed to to blue bottle to stop formula retail in the lower haight that was just a conversation that was different from what we were happening specifically being this store you know what is served and health operated and those types of things. Thank you. The gentleman from before we vote on whether to continue this a mocha you let me know your take on how the meeting went i i was you out of country i was at the last meeting but i can tell you what the harvey milk was like and he came to one meeting with the community that was in march jim myself and our Vice President met on february 1st, the next was the attendance at the march meeting but a huge gap between april of 2016 and february 1st meeting with jim and thats our biggest concern why did that happen not more proactive fifth amendment weve wherein through those things in the neighborhood and not the pr and martha and the main concerns was set a precedent and blue bottle is not close. Thank you commissioner johnson. No, im okay sorry about that. Commissioner moore. Just to ground ours in the subject blew ballot has not rieg to formula retail in coffee started with petting was in 65 that was gigantic and starbucks has been on the radar the broader question in retail it is the first time the issue of formula retail comes up while in the corridor and blue bottle being the subject of that or the reason for that discussion i hope that it it be continued to remove the project or continue it that you all start separating the issues one to work on increasing the neighborhood commercial guidelines and guidance to see how specifically, the corridors in the city and another one to sort out that the commission has generally taking the length convenient position for the local grown businesses and as long those not stepped into becoming companies that have Gone International we continue to support locally grown Small Businesses i want to say for the clarifying and allow you to take months and sort out the issues who is youre asking us to look at if youre cu. Commissioners, if theres nothing further, there is a motion that has been seconded to continue items as proposed including items 12 and 18 to may 11th commissioner fong commissioner johnson commissioner koppel commissioner melgar commissioner moore commissioner Vice President richards and commissioner president hillis so moved, commissioners, that motion passes unanimously 7 to zero and under your under our are considered to be routine may be acted upon by a single roll call vote of the commission. There will be no separate discussion of these items unless a member of the commission, the public, or staff so requests in which event the matter shall be removed from the consent calendar and considered as a separate item at this or a future hearing. Item item no. 6 2014. 0086drp02, 2855 filbert street, discretionary review. And item item no. 7 2014. 0556gpa, vision zero intention to initiate general plan amendments. There are no speaker cards. Would any members of the public like to pull items 6 or 7 from the consent calendar seeing none, well vote Public Comment and open up to commissioners. Commissioner johnson. Make a motion to approve items lets see where were at. 6 and 7. Both of those items, 6 and 7. Thank you, commissioners on that motion to take dr and approve the project on item 6 as modified and to initiate adopt a consideration of a resolution of intent to initiate and schedule on after 18 commissioner fong commissioner johnson commissioner koppel commissioner melgar commissioner moore commissioner Vice President richards and commissioner president hillis so moved, commissioners, that motion passes unanimously 7 to zero and mr. Winslow us on commission matters. Commissioners comments, and questions. Commissioner moore. Id like to ask why initiating vision zero is not part of our own regular calendar so that public has the ability to hear us make comments in the summary of what were initiating i know weve talked about vision zero with the planners many, many pending questions that the public has particularly that disruptive qualifies of uber and lyft truly undermines the original intent when vision zero was started and understand that policies and forward Guiding Principles have been incorporated were finally initiating the public has the ability to we are asked critical questions and the Department Works as a corporations and their moving forward. Was that a question. No a comment. You could have pull that off content i know that is on content noticeably and so could the public but make that clear. The planner wrote me a thoughtful email in answer to my questions and if nothing else perhaps that answer can be incorporated into the Meeting Minutes without read into the record sometimes theyre the public understands or listens to. If we can put it in the packet to you know someone goes to the calendar item perhaps that answer can be included in the packet. Thats a good answer put it on the email and integrating that. Commissioner johnson. Thank you following up on conversations weve had at the commission over the past few months theres an article in the in or out o New York Times well not go into the details but a lot of the sort of movement in retail and sort of the technology that are coming into play information really struck me as ground floor retail essentially being the front for swharing activity essentially at the office of initiation with the storefronts for 1e8 various things all adds up to mean that in the future retail is going to enstale an additional level of infrastructure it is getting hard for the 2ki7b9 open a can of worms to support if you think about the model with a Clothing Store and really a front for the website and all clots in the warehouse and everything is on the ipad you can click and those stores of technolo gy that is important for the Planning Department and to all of us to think about that is a level of infrastructure that is not the Current Business model for stores where they have their wears in the back that is where were going to the future we need to have consolidation in the types of businesses that supportive ground floor at the if we see that we may see future vasectomies it is now important for what else we can support on the ground floor moving forward dealing with multiple neighborhood ncd district with a lot of these vacancies we have corridors that are parental issues but may have more in the future to think about it. Commissioner Vice President richards. I read the same article another article in the review on the times on sunday talked about how well not bring back main street it talked about the evolution of retail from the 18 psychos to the 1890s and a chance store what it as done to the small towns and condominium about where in the u. S. The small retailers are doing well, that the place not an issue for more affluent like San Francisco and brought these up i think that is a good discussion to understand we have the commercial corridors and dead on with the 5 cup of coffee pay the rents and have people coming sensitive to price but other problems people are not able to do that rodely not as much disposal income and enlightenments to what commissioner johnson mentioned. Next commissioner melgar. Thank you. I also read that same article thank you for brirpg it up it sounds like well have a topic discussion there are neighborhoods like the mission where you know 60 percent of low income families does not have computers that connection added home and they shop along the Mission Street corridor and 24th street corridor and in looking to the future we must not forget the present those storefronts tend to be entrylevel for a lot of businesses and places where people shop and wanted to say the Mission Corridor is unique and others corridors in the chinatown and the bayview so i think a nuance understanding and planning for that you know must take into reality or account our reality in the presence i think i look forward to that discussion here it is important next commissioner fong. Ill be careful not to start a dialogue but agree with our comments of the article and our conversation with commissioner moore about stores and how to treat them in the future observing you look at the boulevard and other dealerships only one sample of one car so maybe a broader discussion along with some of the things that commissioner moore and i talked about im not sure if there is an opportunity for the department you know almost bringing in a future i thought or locally but look forward to the conversation. Commissioner moore. There is annotate discussion on what i say and the encouraging comment from commissioner melgar makes which i look to 2 down folsom street up and down there is vacancies all of a sudden and at least 10 now stores popped up with the entrepreneurial population and perhaps the population wants to get into Small Business that contradicts the things we buy are large ones there is a vital need for business shopping i dont think well ever see so i really like to keep the positive things that San Francisco is doing in the commercial corridors as a Guiding Light for myself i once put my energy i dont see urban life happening we can credibility to occurring tailing wind that indeed retail can occur that commissioner melgar is describing i observed an polk street. Commissioner johnson. Totally out of dialogue. laughter i think my comments were also about maintaining that positivity and how we support those models in the future one last note in my thoughts i didnt say the first time around the land use perspective but prosecute an Economic Development looking how i guess other departments not Planning Department but how can we have programs to support those local businesses because one of the big things the model is having Retail Stores the model is you no longer have your wears in the back a network of trucks with you are your vicinity but the model it your inventory is that somewhere else and shifts to people at home it will be hard to support a role model morality stores move to the infrastructure involved and the other places that dont and more quote unquote traditional if things change in the future youll not have the trucks bringing in your inventory but support the infrastructure in the future may not be maybe the portion thank you, commissioners and certainly a topic were reader in and can schedule that a time to talk about it with the Planning Department staff so thank you. Commissioners, if theres nothing further, well move on to move on to department matters. Announcements. Commissioners no new announcements except it is of interest to look at this issue as you may know one of the concerns ive had is that amount of retail use that is vacant by traditional retailing and taken up by restaurant and food vendor in the recent years im concerned many will not survive especially in the economy is going down weve seen the closing of restaurant like the castro has a large number of vacancies so i think this is time to look at it as well so well try to organize a discussion with other folks about the best way. Review of past events at the board of supervisors, board of appeals and Historic Preservation commission. Good afternoon aaron starr manager, legislative affairs, Planning Department. The short report at the Land Use Committee the Affordable Housing reminded and fee for the divisadero was continued to may 1st and at the full board this week the downtown support special use district easement to allow inlieu fees was passed test second reading and one ordinance trod by supervisor peskin and made chances to the polk street and 5 avenue mcds that concluded my report. Thank you mr. Starr. Well move to general Public Comment just quickly to close that item no report from the Historic Preservation Commission General comment not to exceed 15 minutes. At this time, members of the public may address the commission to the public that are within the subject matter jurisdiction of the commission except agenda items. With respect to agenda items, your opportunity to address the commission will be afforded when the item is reached in the meeting. Each member of the public may address the commission up to three minutes. I had one speaker card. Before we do that commissioner moore had a question regarding the board report. Mr. Starr is interest more detail regarding amendment to the polk ncd. There is a lot of amendments to it. Will we be presented to us. Theyll come to you for recommendation. I was reporting on what i saw yesterday. Open general Public Comment up georgia swedish go ahead. The cards were not there. At random hi laura clark action recently the bay backed area council come out with polling about the polled peoples reactions to the people in the region we want to bring statistics to our attention 62 of respondent said they have official support for building new housing in their neighborhood and in San Francisco in particular 75 percent of voters said they supported building housing in their neighborhood and obviously that is not often represented in the kinds of people that come to those hearings i think it is important to keep in mind that this is not necessarily the most democratic way to get the poles to building housing in their neighborhood 75 percent of people are not able to support the housing in their neighborhood the people that are able to make time to come out on a thursday each one and voice their concerns are crazy people like me and you should definitely take everything we say with a grain of salt the people that dolt their lives observing to land use but people that should be looking to the most but instead the 75 percent of people wanting more housing in their neighborhood those are the people youre here to represent not me and not the other crazy people thank you. I dont think im crazy thats another story high oh, laughter just to noted in case two weeks ago i believe assemblyman john the author of the ceqa, California Environmental quality act you use each week passed away that law was signed into effect by govern Ronald Reagan im here to talk about section 317 i think that should be removed from the planning code i talked about that reducing the second unit for a singlefamily and saw vickburg and lincoln and 21st street and elizabeth and there is one outside the map 2020 and with only open fulsome anyway to give us an example can i have the overhead, please . See there is that two an old edwardian facade that door i went to the openhouse a marginal unit you put your teenager motherinlaw so ill those are singlefamily homes and just to pick up on something that i trend i thought i saw it seems unremarkable to mind the rh2 for gentrification of housing it is legally allowed to move you dont see that reduce the unit and make a singlefamily homes but at the same time youre talking about gentrification just to put a fine point heres the definition of rh2 from section the two family each district is devoted to whereon and two Family Housing with the consistency of two large glass one for the owner and one important rental and not steady 25 feet that is my point heres for the minutes please and also as a bonus i dont know if you saw this in a Real Estate Blog but a huge increase in shortterm rentals mostly folks from on the mission and in Telegraph Hill and thats the shortterm rental rental if you want to see that and thank you for your time take care. Is there any additional general Public Comment . Good afternoon commissioners im tony robles, housing organizer with the senior disability action collaborative. Just want to say briefly that in light of what happened with ms. Iris the seniors that have been severely impacted by the actions of Property Owners and landlord that the city needs to show its commitment in the protection of seniors and to the citys policy by not regarding landlords modification of buildings so forth and were seeing that over time this is taken a very negative toll on seniors and you know, i worked with seniors on a regular basis and you know they have you know very specific needs and i think that weve seen this impact can make the difference continue life and death as weve seen you know planning has to have a comprehensive plan on how to deal with that issue there are many of us that come and speak to planning and speak to the city we speak to different committees and were not crazy were people that see this stiff happening and take this extremely extremely serious weve been here for a very, very long time didnt just blow in and decide to frame you know framing it in a way to appeal to a demographic those are elders we take this seriously thank you. Is there any additional Public Comment general Public Comment seeing none, commissioner Vice President richards. I guess one thing i want to make clear my time on the commission we started to understand why the unit in question the timing of diminishing or downsizing or rent control this is not part of the progress suddenly asked for history open those same unit not part of the progress and recently are carl jensen on the clayton were asked in the tenant situation as part not part of part we take this very, very seriously and not throwing people out into the streets we work with them. Commissioners, if theres nothing further, well move on to move on to your regular calendar im afraid i want to know im following what is happening here were on calendar item 10 not 11; is that correct. Well, right now calendar 11 next item. Commissioners, that places you under your for item 11 no. 11 2017001170pca, amendments to accessory dwelling Units Program planning Code Amendment. Good afternoon commissioner president hillis and commissioners kim Planning Department staff before i start my presentation id like to recognize supervisor peskin the sponsor of this ordinance would like to speak to you today. Welcome supervisor peskin thank you, thank you kim. Thank you chair and commissioner president hillis and members of the board and director rahaim deputy City Attorney jensen as you will recall my timing was very bad in 2002 i introduced an accessary dwelling unit we called them inlaw units later on the language wag secondary unit today adus i was 10 years two early sxhooushl and this last summary the board of supervisors passed another citywide adu legislation which im pleased with starting to bear some fruit and bear more and clearly this is a dynamic piece of legislation that will continue to talk about how to view it along the way the state legislators automated it statewide and as a result our law is out of compliance negative impact january of 2017 i introduced a very small fixate bringing our what are you into compliance with state law you heard that on february 23rd and it is not at my request the subject of yet another hearing today i did not want the desire to have an outstanding confusion of adu to impede my passage this law should have happened by now but an interesting dynamic it is you and your colleagues will think about your power to review changes to the planning code derives from the charter in section 4 point one 5 one sentence that says an ordinance property by the board of supervisors concerning zoning shall be reviewed by the commission now that is further dealt with in the planning code at section 302 and dealt with 314 this makes sense when the board wants to change the code we want to be here from our staff and the commission but that language is actually very specific i think what ive started to discover it theres been a practice which is not necessarily in accordance with the law let me read you section 302 called initiation that says an amendment to the planning code maybe initiated by the introduction of the member of the board of the board of supervisors of a proposed ordinance and i under lined approved to former by the City Attorney upon the introduction of a clerk of the board should transit it to the Planning Commission Planning Commission and at the time it you have 90 days to hear it and o postpone patio what is happening in the situation is that this piece of legislation we should have passed a month ago this is the vehicle for additional amendments im happy to discuss i think they have policy merit and absolute my colleagues that want to do that is this is not the right vehicle more importantly you dont having proposed language you dont have nothing that is reviewed by the City Attorney the way that works we crafted this legislation approved by the City Attorney as former and then you comment on it and the practice has been if you talk about it and comment on the proposed legislation and we talk about it we can actually adopt those amendments but what is happening here is the amendments that are being proposed dont exist they are fixed words on a papering on the february 23rd meeting i think you rightly said we need time at least postpone but in the meanwhile that a when we introduce the legislation we have to introduce the legislation with language that you guys can comment on and adopt or not adopt under our powers in the charter so im respectfully with that said, i do have comments on the proposals that were given to you and in the spirit of this conversation between our body and our body and more importantly between the author of the legislation that you have concerned and now ill spring on you heres a bunch of piece of paper. Are you asking you to continue this. That wouldnt hurt my feelings. Commissioner moore. Supervisor peskin could the proposal the ideas the policy described to the supervisors and colleagues considered this is presented at the time when were ready how is that done. In accordance with section 3021922 precisely the appropriate way to do this this is it to have the City Attorney draft a piece of legislation the clerk will review it to your consideration 90 days and comment on actual language when we are dealing with concepts likes the time for temporary evictions and eviction protections i cant if i were you it would be impossible for me as a board member of the board of supervisors it is impossible to opine heres the language that is in front of you, you youre supposed to talk about clarify that tear eviction in the retrofit for seismic retrofits for the building for improvements not considered a adu is it a 60 or 90 days is this kind of absurd and not our fault not what the charter and the code intends and i will maintain should you actually consider this i will say to the City Attorney that none of the amendments are properly before us if in theyre in committee youve not considered the piece of legislation. And supervisor peskin i think that is a gray area not only here but elsewhere we state where we even proposed changes to legislation that are before us or recommended how the legislation a cant be changed we dont necessarily draft that specific code language i mean, we make it as recommendations and i hear our considerations and appreciate one your adu legislation that fixes state law should move forward you know in those amendments to move forward you know simultaneously or later but you know but i dont think that is bad to move forward but i i get it what youre saying we also do not want to bog down the process the members suggest changes and we often make recommendations that are not at the refined as the legislation they may concern you know shortterm rentals takes shortening the timeframe that our allowed to do shortterm rentals and park it to you all the policymakers and you know, i think youre wanting to clarify this is we dont want to bog down the process. Appreciate may maybe i didnt articulate well while it is i think meant to be an intern process are spotted to start with actual language as you as commenter say if you consider this and that this is what the process was meant to do what is happening i will contend with all due respect to my colleagues slightly abusive of the process itself. Thank commissioner melgar. So i role appreciate you coming today, i remember when we discussed this last you know we discussed the legislation and then we discussed a couple of ideas that were with the amendment and no representative we were discussing and nobody to ska ask questions to so im okay with you know having your legislation go forward need to be in compliance and i think of other ideas not yet legislation but ideas you know consider that at some other point thats okay awe of the 6 points depending on the the devil is in the details and how their drafted they all are some amount of merit and im happy to think about them and do my job on every single of them this is not the place for it. I remember the specifically the one idea that was talked about the lass last time we discussed it having an adu within the envelope specifically garages that was a weddings issue i know interest is contentions with a lot of the discussion with the parties. Let me say i think our clerk intent as to your body and staff and be so bold i dont want to put words in your mouth so have as many was we came in a rational way throughout the city and county of San Francisco thats my desire since 2002 when i lost on the 65 vote laughter and i do believe we have someone from my office present on my behalf but other discussions he was not present for a sxhifgs. My issue you dropped something on us the public didnt see therefore we cant weigh in on it. February 23rd. Meeting you drop it and we have other supervisors. Ton to drop and well not end it i ask the City Attorney what legal ground are we on point out. You did deliver a letter to the board subsequent to the february 23rd youve discharged are your duty under the code and charter to have reviewed it im taking issue with additional review after you reviewed it once and said precede and again if so not fault of yours this legislation was introduced in january only a few weeks after Assembly Members blossoms law became law and in the middle of the april tax day is on saturday actually close and still not approved that is not youre doing but this is exacerbating the situation. The City Attorney. Deputy City Attorney Christen Jensen responding to commissioner Vice President richards the supervisor is correct this board has discharged the duty with the underlying legislation but nothing if prevents the commission from among other things the legislation if the additional supervisors and likewise nothing that prevents the commission from continuing the issues that are raised as supervisor peskin submittal of today im not sure if that answers your question. Commissioner johnson. Thank you so id like to maybe consultant with the Commission Secretary to get clarity on the option are we considering additional amendments . What was the action we took in february for the record what did we actually do. We took action and recommended recommended the modifications by staff okay. I think what happened differently what typical where we recommended supervisor peskins. Recommended or modifications. So at the definitely did. So you reviewed the original ordinance and the staff recommendations on that ordinance. Right and. And decided not enough information and time to review the amendments in the letter and asked for it to come back. But i think to clarify you take for example legislation before us tom gets and has the best idea to amend this we tubed it and may take it or not take it or make a recommendation to modify the legislation we have language before us with that legislative change but the board can make that if we dont talk about it from the board wants to make changes they have to kick it back to us nicole we agreed weve not seen it in we specifically requested it come back to us to hear thats where we are at this point, i think ill encourage supervisor peskin to review the legislation to move forward but ill encourage us to hear and opine if they move forward separately or take amendments that would be great or further split or file moving forward i guess my question supervisor peskin i dont see the downside of us hearing those and talking about them and then hopefully, your legislation move forward with dispatch so we can be in compliance with state law. Further commissioner president hillis i absolutely agree with the legal advice from the deputy City Attorney that is nothing that prevents you from having this hearing and so say what you want to say ill say on monday that whatever you say today because you dont have proposed language as to the amendments in front of you wont be as a matter of law to be considered but have that conversation with ms. Jensen with her colleagues today and tomorrow. It is is helpful ill respond and provide information on that issue it is the position of the City Attorneys office you dont have to have written language in front of you today, i i believe that was not uncommon for the proposed language in connection with the legislation before it i have litigated that and with respect to the supervisor we won that litigation not inconsistent with the planning code or legislation amendments to the protective as long as the commission is comfortable enough understanding of what is being proposed and you should know that the City Attorneys office will be drafting specific language if it hadnt already been drafted. Thank you commissioner moore. It is actually toms letter that made me release hes deeper into the weeds it is like an article 7 amendment the things were talking about gets to a much level of keenness as intent maybe good ideas but without having a full deck how is it tracks itself and bring it into the code we suggest take more time and let the other things stay on itself own and have the supervisors together that is basically what supervisors is supposed to do work with each other to bring trailing legislation in a manner that is elevates what is in compliance at the moment two completely Different Things driving a base car and then make that a rallies car all power to folks trying to do that. Supervisor peskin did you want to comment on that. Thanks commissioner president hillis that depends on when you say and what happens in committee so relative to the litigation that deputy City Attorney jensen is referring there is a number of times where the Land Use Committee or the board wants to consider things that you actually didnt talk about as these things evolved and it has to come back to the Planning Commission that dangerous road when you through out 6 ideas with no languages it may end up in front of you again depending on the actual language the amendments that are not in front of you say and council is nodding her headnote affirmative. Whether or not you have enough understanding of what is proposed. Commissioner Vice President richards. When we continued the 6 ideas it was ill make an analogy it is like the eviction history of a building it is obvious we want to know if there is someone living in there new weve seen the eviction history it is observe well get language to back up the ideas during the period to continue this and second if we do go forward well be in the situation again well have another supervisor drop stuff on us and say oh, my god we dont have enough time well continue it we have this if we move to hear this is the setting a precedent i move to continue this item. Second. Second. Commissioner johnson. Okay. Thank you very much so heres the thing i actually agree with i think both supervisor peskin and the City Attorney i dont have the authority to say it is legal i have a couple of questions on the amendments or the amendments proposed that language might have clarified so i do think regardless of legality the problem we may have questions that we are not certain that the language is substantially answered like a chance when language is grafted there maybe material differences from the thing we thought we were going to get so i might id like to have an airing of those questions before we blanketly return but go on to Public Comment and do. Weve not heard the item yet. Who wants to hear the item and then in Public Comment and actually understanding the precedent i think that the Biggest Issue i understand where the commissioners with saying thats a problem i have questions i see now what the language written one way they answer the question and another way they may not it is to be considered. I want to clarify we make recommendations to the board all the time commissioner Vice President richards youve done it without language i know weve made policy recommendations to amend policies that are broad without language i think supervisor peskin brings up a good point do we want to continue to do that and make recommendations or take Public Comment and pass that Public Comment in the form of a recommendation to the board without language this is a question we should consider we would have you know several hearings on a lot of controversial legislation and ask the City Attorney so draft this and bring it back to us it is a policy when do we want to have that process so all the time we make recommendations occult of this body an legislation without you know our own recommendations without language so lets be clear that we do it ourselves so i think we should hear the item in we want to continue it well continue it but i think we should hear from the staff on the item and then the public and have a discussion on the item whether to continue it or not. Commissioner Vice President richards. I completely agree with commissioner president hillis i think just like we say project sponsor when we continue it you need a month to do the drawings and talk with the City Attorney and 4 weeks enough for language we need language it is obvious we need to continue to get something to back up we do recommend instances on the fly but we need information. We wanted to hear that and staffs recommendations didnt come with language it is recommendations so liquor an example of supervisor peskin legislation that was before us the staff are had recommends on changing that but not necessarily code language and ultimately up to the board of supervisors and the mayor and the City Attorney to put it into code language paw commissioner melgar. I wanted to clarify what were doing here so what i understand is that the action item on the agenda is actually a resolution; right . Isnt it. It is a resolution recommending whatever it is you like to recommend today. Correct me if i am wrong as i read the resolution it is not citing particular language but citing commissioner if i may. Making recommendations to modify it is it is making recommended to move supervisor peskin legislation weve heard multiple voices . Your legislation is coming back to us. So thats to me is actually you know. But we affirm and made recommendations originally to move supervisor peskins i think you agreed with him to modify his legislation we can make recommends to make additional it is a awkward. Commissioner. Chair we should hear the item and i share the personal frustration that supervisor peskins frustration with the process i do i think that is waste of time and waisting time the city and waste of time and wasting time getting for unit were crying for on the streets and so thats embarrassing to me frankly you guys as supervisors have frustrations i get it not easy work i applaud it but not really our issue i dont need a response but sharing my frustration. I concur. And well see. I agree the board should have passed our legislation 15 years ago commissioner fong or exposure. Im asking secretary ionin my correction is january 23rd that we decided not to get into the suggested modification i support that the legislation as it stood should be approved and move forward given the fact it is helping us in compliance thats all we did and recommended that the suggested modifications or policies considered by the department be brought back forward to us independent of the administration as it stood this is done it is gone why are we thinking at the time supported administrations we didnt. Im talking about separate modification and you adopted a representation recommending approval not the modification that was presented at the time of the hearing by another supervisor. You specifically asked the concepts presented that qualify by supervisor sheehy and supervisor farrell cob come back that is what todays hearing is. Right supervisor peskin; is that correct. My understanding it is that. Supervisor is here commissioner. That is, i think that staff has presented to you correctly i mean it is it is what it is and im sorry for this waste of time i absolutely agree that legislation should have been passed we should be having a policy conversation about other ideas in the meanwhile it is out of compliance and our staff is advising people to come to the current the adu law is not legal because of one change thats all im trying to do because to be fair were not holding that up you can pass youre taken up by the board. Thats correct but you put your finger on that mr. President , this is an odd absurd sidewalks another supervisor is trying to uses you a vehicle to amend another piece of legislation that is an interact process im not offered by the policy recommendations it is just this should have been passed 15 years but several weeks ago you guys heard it on february 23rd and got our memo on march 23 should have gone to the next lufks well last week not like this is full of stuff lets get this done can we. Commissioner Vice President richards. I guess what is stripping to me i thought well be coughing our approval of this legislation and sail on and in compliance and a is second hearing on policy things with or without legislation native language now theyve been coughled and cant be in compliance were in the middle and commissioner johnson. Yeah. Im expressing that frustration we dont do this at the commission but should we have specified that we wanted because i thought our action of two months ago was recommend approval with modifications with an additional hearing not understanding that the hearing later will be on the same case file i thought theyll be different is that something i mean honestly were going to go forward but something in the fair enough we should specific we moving forward and we expect it is a separate package and if it is different. Sure. Through the chair if you wanted a separate ordinance to come back to you, you can say we want to introduce it as a second origin and supervisor peskin said we cant bring to you a memo but brought back his ordinance with a signed former with proposed ordinance thats a vehicle were allowed to bring back so we brought it back at the hearing. I think i understand that mr. Starr it is dont done deal so we can move on and do whatever we are going or we are going to do Lesson Learned staff has been clear we needed to make that clear part of our action i for one would have i thought our action item was recommended approval with modifications and consider other ideas later that ive never seen an additional hearing of this level of substance without legislative language and maybe were not paying attention it is usually an appendix case file or a replacement that was in the past and never seen were looking at amendments to something weve approved with modification coming back two months later. If i may im sorry for taking more of your time you have a full calendar i completely agree with commissioner johnson the most fish thing to do to stable this matter today and say that youd like this to be considered separately all of the suggestions not earning about them like protections and straightforward and not two burdensome but my issue is actually a burning situations if you table this well take objection action on monday and have this law by the end of the most. Commissioner Vice President richards. I guess i think we should be a forcing factor here we draw a line and say we need to be in compliance and hear this this is observe we were doing and permanent not happening i hope we call the question whether to table this. Commissioners the item has been called the agendized before you take action i recommend Public Comment. Can we finish with the staffs presentation first and that would be helpful. Please. So the the item before you right now is the amendment submitted isnt letter offered by the supervisor sheehy and supervisor farrell and before i do my presentation i wanted to ask supervisor farrells office the author of this letter to speak. Id like to talk about the policy and then i will sort of give you our situation were in or the process were in right now, im asking you to consider those citywide adu many have been support by the department those provisions are strengthen the adu provision and allow the Property Owners to trishlt allow the building with temporary evictions or Capital Improvement when tenants are allowed to return to utility the program and adding the adu requires temporary eviction you cant penalize people for doing what we want them to do and number two, caps undergoing the retrofit should be cleaned up and allow vacate space to be converted to adu if it didnt reduce the commercial space more than 25 percent it was discussed in february by randy shaw and proposed in the origin legislation again not a new idea we shall allow the roofs to be converted to adu the rooms were at the time, we didnt encourage the unit times have changed to allow the multi generational housing this was put forward in the familyfriendly with the department i believe published at the end of last year and often get complaint about the lengthy time allotment and finally were asking you to apply to the assistant notification not for ground floor expansions and the neighborhood notice didnt require adding an adu yet if you want at infill you get routed to the neighborhood notice well have extensive conversations about the adus with the pilot programs with the Seismic Program and adding 3 and citywide ordinances and now were considering a state compliance ordinance why wouldnt we use the opportunity to make the most Robust Program and why kick the can down the road and process wise in we make those at the City Attorney advise us recommend to use it needs to come back here it will come back here this is generally, the advise weve been given and the advise you allows us to 134i789 it from weve been advised by the City Attorney it is not right to change the rules in the admitted and if you considered it it will give the public and Department Additional time before vote on in committee 0 adus should be not a commercial issue and thinking on this program as evolved so i hope you can support the amendments today thank you. Ill go over the amendments and the departments remedies the intent behind the original ordinance supported by supervisor peskin is so bring the local adu program into compliance with the state law supervisor sheehy and supervisor farrells recommended modifications oppose that goes beyond the adu ordinance into compliance with state law the department supports this policy recommendations by supervisor sheehy and supervisor farrell to improve the citys adu program those policy recommends are that the department has supported in the past and we believe about make the adu program more effective and possible now go over each of the recommendations and read what in the letter and continue with the departments modification first, the additions protections the letter asked clarified that the temporary evictions in perspective and simplistic retrofits run existing tenants are not considered an adu eviction the department supports this amendment and recommends using similar language in other places in the code with exempting the temporary evictions provides relieve in Property Owners and tenants return to the units subsequent to the renovation or theyre offered to return number 2, this is regarding the amendments about simplistic Program Units the letter asked to remove the cap on the number of adus to be added in connection to the retrofit the department supported this recommendations prior to the adu legislation effective since september 2016 no caps on the number of adus through undergoing the mandatory or volunteer will i symmetric retrofitting this is under symmetreismi seismic. This general cap applies to the adus in building undergoing volunteer retrofitting roving this allows the spaces in cases for more than adu can help to offset the costs of seismic retrofitting and with the seismic retrofitting will in the long term approve the safety of stolgz and amendment number 3, for the commercial space the letter says that in the ncd allows the commercial space to constrict the adu as long as as the commercial space is not contribute more than 25 messenger reduction of full commercial space the department supports this recommendation as well the citywide adu program imposed on ban on the commercial space in the neighborhood commercial district to maintain retail on the ground floor in those districts in the support the department recommended sustainability in the prohibition and generally support the letter the specification we can elaborate open in included in the resolution the draft resolution before you on amendment four the letter asks to clarify that any residential space added in permanent as rooms down is allowed to be converted to an adu this recommendation offer laps the original ordinances that bring it go compliance in case law from an existing unit for adus in singlefamily homes were the cladding as required. The recommendations supervisor sheehy and supervisor farrell letter will extend the provision to misrepresented families and singlefamily homes from the planning code where their needed the department supports the intuition as it aligns the ground floor controls with the more adu controls however, the department has not been tracking permits as rooms down permit instead the department remedies no more than 25 percent to convert to an adu in a the habitable space is on is empowering and allowing future flexibility with the Zoning Administrator waiver from the proposed space exceeds 25 percent of the adu unit that the recommend in our draft resolution and can elaborate on it. On amendment 5 timeline for review the letter requests considering the legislative timeline for the review of new completed complete adu application supervisor peskin ordinance already legislates will legislate 120 day for the adus in compliance with the state law where no planning codes are needs over the past years the department has expedited and streamline the adu process the department does not recommend timeline for at adu applications as they unusual involve adu amendments last remedies for the zoning the letter says that with the neighborhood adu it consistent with other section fees league of women notifications requirement and otherwise not over burdensome cumber adu can build within the envelope between limited place and the spaces unusual are exempt under the notifications if not under an adu permit, however, the citywide adu ordinance required notification when adus are expanding into those spaces the department supports this recommendation and this letter to make the identification adus consistent with other expansions in the sowed that concludes my presentation. Im available to answer any questions. Thank you very much open up for Public Comment two speaker cards. But if there are others please line up on the screen side of the room. Sir. Mr. Radulovich. Thank you, commissioners i see my ears are burning we have thoughts about the 6 amendments before you first ill speak to process we saw 6 ideas were good ideas we want to thank to the commission for doing a fantastic job we have smart people here and kind of understood what the intent was and the modifications proposed to the original 6 ideas in the staff reporting we mostly endorse it once it is to the board of sups weve been here before and the doing piece of legislation with files split and the 317 ordinance we were worked on split 3 times so how the board deals with those we hope theyll workout and transparently and do something with those ideas theyre good ones so let me speak to you guys i touched on a lot of issues but two one the recommendation number 2, the Seismic Program unit program we are worked on the legislation in 2015 you recommended if youre go going the earthquake go seismic where a volunteer or mandatory program our allowed to add adus thats the first piece of legislation the most successful and the lions share of adus have been through many program youre making it for the mandatory or the volunteer program is an incentive so fast forward 2016 legislation at the board of sups everyone said dont touch the adus program you all said that but got undone somehow the unit cap was tacked on were saying go back to the way it was before last summer and this mostly effects the voluntary program and the voluntary program you know has been an disincentive people have things in the pipeline they cant do it and undid it in 2015 we feel like you know one code language you need to go back to the way it was before amended in 2016 and second imperative to do quickly ruling down we thought the idea of like saying there is an interesting one but raise the questions of Unit Division we have rolls of mergers through 317 we did over the course of a few years how are you elements you need to think more about the dwelling units there is are a few impesters they need to balance with the creation of more units and familysized units we hope youll give this issue for consideration. Thank you mr. Radulovich. Hi laura clark i sent you a letter that flushed out the position but want to make it clear that while this takes a small step into compliance of state law didnt get us there well have to come back and deal with that again those adus what in their built within the envelope must be approved must be rubber stamped and overthecounter this is what the statute of liberty demand i appreciate the expedited process that makes difference listing the cap to make a difference but this is not adus are low hanging fruit with low Impact Development and no reason to allow them to have ceqa and all the other nuisance that gets tagged on to the projects when the neighbors decide they dont like something they must be approved that is the intent of the state law and this body must recognize. Thank you. Next speaker, please. Good afternoon corey smith on behalf of the housing coalition. I wean weve put the finger on the pulse of the politics and process when we obviously talking about policy at the same time and actually how to get this done ive served on various organizations with the intent of educating people on the process i dont know if youve google searched San Francisco Planning Department but a few things i didnt graph is like multiple points to go back to the beginning i think that is process and having the conversation about today is the exact thing that actually achieving what we want to achieve and creating housing for people as well as the constitutional amendments in a public forum last year, we heard a lot of it was flushed out and supportive of those amendments honestly like to see that go future were in supportive of the permitting fees for all adus try to find ways to encourage people to build them but as far as creating a precedence if the situation and ill get flushed out and maybe you dont want to see this in the middle of the inclusionary legislation if the process as it is okay to because this has been pubically discussed approve the amendment and let the board of supervisors deal with that with an approved legislation well currently that thank you. Thank you ms. New please. And good afternoon San Francisco Apartment Association i actually represent im here to represent the people that or till building the adus and part of this dialogue for the pass 15 years with supervisor peskin Supervisor Scott Wiener, supervisor sheehy and supervisor farrell were here to ask you move the singlefamily homes compliance with state law legislation forward there are a lot of trailing amendments that supervisor farrell and supervisor sheehy have put forth we support those i think that supervisor peskins Office Supports those also, we dont want adus to be caught you think in a political but about the policy and the policy is singlefamily units operate differently than multi unit buildings we would like to see the muddled unit buildings addressed separately from the single families and well be back here to discuss those amendments probably a few more amendments before were back with you but please get the singlefamily homes in state law today thank you very much ive submitted my comments in writing. Thank you very much. Next speaker, please. Good afternoon im Lawrence Paul and president of the himself and deputy City Attorney jensen and honorable commissioners my wife and i own a duplex on the golden gate a couple blocks from usf when i became aware that we could legally build a unit down in our entry garage it was i was existed and went down to the Planning Commission down an 6060 mission and started to ask about that i was told by the Historic Preservation commission build a adu an either side of foyer and taught about that in the last couple of week and what about building an adu on both sides be heard Horror Stories by usf students homeless we thought well, that makes sense and it has to be one or the other everyone has on board with it it being one or the other so i starting came back the city supervisors and realized that there was a brief period of time that would have been okay. If San Francisco but times have changed i dont know what occurred to make that change but im a little bit embarrassed to be in a city with much is Housing Stock we have a beautiful envelope on either side to create units selfdefense permissible if our project to build one and wait years later and build another one on a budgetary stand point so i urge you to consider everything that needs to be considered to approve supervisor peskin and supervisor sheehy and supervisor farrells proposals and to move along so we can have for housing in San Francisco. Thank you. Thank you very much. Is there any additional Public Comment on this item seeing none, Public Comment is closed. Well open up to colleagues, any questions or comments . Commissioner fong. A question for i suppose jose but as far as option can we have the built to support the adu legislation except supervisor farrells amendment today and then supervisor peskins again, if he has trailing legislation accept that flarnt and one after that and around is that an option. I dont see why you couldnt adopt a resolution recommending the legislation as adopted previously and include the amendments proposed today and then following. Amendments; correct . Yes. Ill agree if i understand the question im not sure what is in the letter that supervisor peskin provided today because ive not seen it but in terms of what the commission could do could i the commission could recommend approval of the legislation the existing legislation with the proposed changes from the two additional supervisors and then condition action, an whatever it in supervisor peskin letter today. Okay. Thank you. I mean supervisor peskin do you want to talk about the items in your letter . Commissioner president hillis commissioners first of all, let me take a step back to last summer as so there was my 200 it legislation substantially there was legislation that commissioner wu offered i offered and subsidizing Supervisor Scott Wiener made permanent in district 8 and s ubstantially my predecessor passed similar but different legislation for district 3 when i was elected i think first of all, the policy notation of doing zone on the supervisorial lines didnt makes sense to me the district i represent has downtown Fishermans Wharf and art and rh2 and wanted to rational it as a citywide policy at the same time my colleague supervisor farrell that staff you heard from wanted to do something similar we ended up with two pieces of legislations that were similar but different actually ultimately this is kind of funny or at least i think see they got to the full board at the same time i proposed a coin toss supervisor farrell won that coin toss the amendment that he is proposing are actually amendment to his legislation that was passed incidentally but heres what is likely to happen abused through a number of hearing and seeing none, in what you all know 15 years ago was the third rail of San Francisco politics i couldnt get passed there is controversy out there lets not prevented to the Land Use Committee we end up with a bunch of people that is the public process i honor i how shall and respect we listen as a intern process with the groups the ones out of heard from others not represented here we will continue to to be out of compliance and there were fundamental things that were in both supervisor farrells legislation that passed on july 26th of 2016 and in mine that i think we all agree were good pieces of Public Policy for instance, not sub divideable and not youre going them as shortterm rentals and right now everything that is being approved for adus are not suggested to that weve out of compliance so once again my response is if you want certainty let my legislation not not in front of you im sorry youre in the might of gave him manship that is not only righteous but long overdue. I guess the question for supervisor farrells office if we 0 moved why not. You know duplicate the file and move kickoff the compliance with state law forward and then move other amendments which i think there are some good amendment weve talked about a lot about the unit cap removal for the one adus it makes we had the Public Comment open this ive seen it work in any neighborhood where adus could have more units but they dont you see in the cap restrictions but i think that supervisor peskin makes a fair point why not kind of avoid this process to duplicate the file and move forward the amendment. We can we havent gotten the rang from the City Attorneys office we didnt have the language ready to introduce before this hearing but im committed to have this on monday. When it is up duplicated and put that in your motion. Supervisor peskin would you be okay with that. I think there are things i agree i think your legislation we made a recommendation thats fine to move forward but things albeit a point not hearing it again. Rich ive known you, i dont know i havent seen this language i cant have this conversation or respectfully this hearing as productive for you in making recommendations for us absent the languageo so what i heard from the first time is that the City Attorney has not drafted the language but topped on for lawmakers and the public on monday, i heard precede as you wish Planning Commission. I mean so we can ask questions on the substance of matter the one recommendation in the Planning Commission that concerns me is in the ncd district and the use of commercial space commissioner moore bought up polk street for instance, that is a fairly dense Commercial Area not a lot of breaks for uses and in staffs recommendation theres a what were having discussion on so there is a i agree with the disconnected from the commercial space not used or could be used but no more than 25 percent of space i guess is that frontage so under that legislation can someone take 25 of the building frontage and commercial district and use it to assess an adu. So weve said that no loss of the risk under a up to that 25 percent of ground floor commercial space it maybe converted maintaining no longer than 25 foot decks from the facade and no loss of store frontage. They can only be in the back but if you need to assess that i mean youll have to use whatever residential assess. Correct not creating assess. You can use some of that space to create assess but not in the front. Right. That loss of the rent. Okay. Thank you director rahaim. I was going to offer a process possibility you can take action on staffs recommendation today with two components additionally recommendations to recommend they sever the file and move forward with the supervisors original legislation and the second is with the understanding that if anything changes from the substance of staffs analysis that it come back you to you awe of the supervisor farrell and supervisor sheehy legislation. Staff analyzed that mightly without the language but staff did an analysis of the constant you can make an represents if anything changed as the legislation move forward it comes back to you but the fact youll separate them for supervisor peskin can be in compliance with the law. Commissioner Vice President richards. Im happy to talk about the substance of law once we have a continuance or not id like the question to be called audits were deliberating the item nothing against the policy i think that has good stuff not a political thing if we continue it from not lets talk about it and come up with a recommendation and feedback. With the regulations the item be called a motion be called and as long as that is seconded well have to take up the matter. Its been seconded this is a continuance. In the motion was seconded and call the question now seconded and so well cease the deliberation and call the question. Commissioner Vice President richards we had your motion for continuance but didnt have a continuance date for the. The City Attorney when we can get language. Im sorry, i cant hear. Before you when you think well get language to have something to look at. I understand it is underway but im sorry i dont want to answer. Thank you need that you need to allow the time and receive it to here and be calendared separately. What is the timeline. I dont know when the Planning Commission calendar is like. This is not this is the original planning Code Amendment with amendments not a separate action so. We need a vehicle to move the amendment. So it has to be a committee hearing. We can if all commissioner Vice President richards is saying is the language of amendment i have a solution if they need a vehicle which my legislation has been that vehicle; right . Which is as we stipulated to ukulele you dont write Something Else legislation separate and apart from that ill split the file you can use that at a hearing that they can amend into and then you guys can have language and talk about it and do it on my 4 or 11. Our preference is what director rahaim is saying not coming for a third discussion. Commissioner moore. Ill prefer it comes back because we are here trying to understand it and ultimately really fully incorporating it into the Decision Maker to be cognizant of how weve spent a lot of time and let it be a learning experience and whatever time and proper language to the point. If you take action on the ordinance you have a 20 day notification requirement for the code. Supervisor cowens. So i suggested would not be that need you have a file this is board of supervisors jargon ill duplicate that file the file you deliberated on february 23rd with the concerns of my colleagues, we move to the full board the same file which will be a duplicate file those amendments when theyre out ready whenever to be amended if on monday can be amended on monday or go back to you with the actual language to consider i heard earlier from one you have room on the may 4th calendar and not need the 20 day notice ill defer to to council if you continue it to may 4th this is up to ms. Jensen to opine on. Ms. Jensen do you wanted to opine on the 20 day notice. Actually mr. Ionin is better to answer that. multiple voices . Those items are in front of us i think the idea of duplicating the file is the right one we can talk about them in and make recommendations and make recommendations on the duplicated files i think is the suggestion of kroom or supervisor peskin and those items advertised unfortunate it the only thing weve tubed the process and not necessarily the items before us so we can have a substantive talk that would be great not to have a 20 day delay that is before us. Lets make that may 4. Yes well take a look at it and make sure it sounds like appropriate but double check. Duplicate the ordinance and notice the proposed changes. Unfortunate the best person is the Zoning Administrator with the proper notice has been performed and sure we can point welltaken on may 4th. A request to call the questions on that motion to continue this to may 4th commissioner fong can i go last laughter . Im confused im sorry what are we continuing. The matter this matter deserving to may 4th but with the understanding that supervisor peskin has agreed to split the file and duplicate the file and those amendments will come back before is us and allow supervisor peskin to move forward with the recommendation with the vetting off those ideas and hopefully adopt them quibble and theoretically if that happens the amendment youll be looking at on may 4th slopping to the whole legislation you reviewed on february. So apparently. The duplication process will not and supervisor peskin was the ordinance is calendar for land use on monday. Hopefully at the time to be considered supervisor peskin and supervisor peskin h as thoughtful re78gdz on the amendments that are proposed we mate may not have the languages but hopefully, well talk about them. Commissioner johnson are you i guess you collectively answered my question. On that motion to continue to may 4th. Commissioner johnson commissioner koppel commissioner melgar commissioner moore commissioner Vice President richards and commissioner president hillis so moved, commissioners, that motion passes unanimously 7 to zero. Commissioners item 12 is continued to may 4th that places us on item 13 item no. 13 2016001528cua, 2645 ocean avenue conditional use authorization. Oh, please note that on nova 102016 after hearing a motion of intent to continue the item by a vote of 6 to one commissioner president hillis you were then again for that motion of continuance. Good afternoon, commissioners natalie Planning Department staff the item before you is a request are for a conditional use authorization to allow a size greater than 9 thousand 99 square feet 383,346. 02. A 26 go height and bulk district the Planning Commission heard it on december 16th the commission made a motion of intent to duplicate it and continue the item the preliminary concerns the displacement of the tenants remaining in the building and the lack of proposed tenant since then the project sponsor has worked with the community under the advised project today, the supervisors are presented with the motion for the general proposal the revised project to consolidate a portion of the medical Service Establishment with individual medical provider into one medical service use at the first and third floor excluding the second floor the second floor will be by medical providers the existing Square Footage of the building will remain unchanged and please note the project sponsor has not selected any tenants at the time this has an operating as a medical facility on the first floor and second floor and third floor please note the project medical services are prohibited at the first floor and the medical services at the second floor and third floor are considered existing nonconforming today, the commission has reviewed the proposed site the proposed building is a mixed use and cupped by medical use for an open california shop and the second floor and third floor by medical uses and tenants and core improvements on all floors the project will continue to operate as a medical use providing Outpatient Care please note the hospital and Medical Center is not prohibited at the property some of the medical providers have retired moved to other medical facilities or allowed early use terminate will have the option to move to the second floor the project sponsor has proactive in reaching out to the tenants in the building and the surrounding property to date the department has 4 communications in opposition to the general proposal from Community Members and existing medical providers the primary concerns for the displacement of the original providers 4 letters of support for the project today staff is made aware the concerns from one existing tenant for the displacement of the existing 0 tenants please note future consolidation is greater than 2000 plus square feet will require a conditional use authorization since then the project sponsor has addressed the concerns with the tenants the commission is in motion of intent for the proposal for this hearing in order to approve that the Commission Must approve that draft revision in order to fair enough it the Commission Must rescind the general proposal and adopt the motion the Department Recommends approval for the proposal with the conditions building their necessary and desirable the proposed project is consistent with the data purpose the mixed use and comparable for the immediate surrounding neighborhood the proposed project will increase the access to primary care the proposed project will not displace any existing tenants and in balance it that meets all the planning codes that concludes my presentation. Im available to answer any questions thank you thank you very much project sponsor you have 5 minutes since this is the second time. Not a problem jody from reuben, junius rose thank you to the staff as you may know we were before you in november we proposed to convert the entire building except for the ground floor retail and there were concerns about two doctors as well as commissioners concerns the displacement as youve heard weve come to an agreement with the doctors were providing updated the doctors are withdrawn their opposition another doctor who expressed is his concerns on the second floor and concerns about leaks and lease negotiations those have been finalized and in agreement with that doctor that is unrelated to the movement or the project approval but some lease negotiations going on that is now resolved and weve come to agreement on that and we believe that the current proposal is a winwin for everyone allows the larger medical use to provide for primary care specialized care, xray and mammogram a greater range of services and will maintain the practitioner the small practitioner given updated status quo space and it will allow the retention for the smaller practitioners and a large use and provides a much noted rehab of the building with a number of lifesaving measures and elevators and lobbies and roof and feedback and common area, ada upgrades and undertaken the discussion with the doctor we dont want to disruptive their practices the wanting to do the second floor space for the department of Human Resources for the second floor and third floor theyre not adversely impacted and more work in the common area work to make sure there is an elevator running all the time and best practices those conversations have started with the tenants and to make sure their practices speakers are requested but not required to state their name and fill out a speaker card, it will insure proper are not impacted there are several groups that are under discussion we cant enter into an agreement without approval that will be underway if we get approval today and any of the practitioners will provide comprehensive practice for the large space and as you heard no impact on the ground floor retail we conducted outreach with the retail and theyre supportive and optical shop on the third floor we received their landlord to have increase in the traffic in the surrounding businesses a number of vacancies and there is definitely an interest in the area having increased not traffic additional customers with cafes and coffee shops and the retailers in the area as staff told you know no practitioners will be left without space i think that is one of the big concerns and weve taken that seriously and comes to displacement of doctors and provided a project that will benefit everyone the project sponsor is here for questions and thank you for your time and consideration. Open this up to Public Comment any Public Comment on this item . Item 13 increase be seeing none, Public Comment is closed. Commissioner Vice President richards we were concerned about. All the commissions the small block between 19th street so it is a sensitive area and a great job of working this out very good, commissioners. A motion to rescind the previous motion to disapprove commissioner fong commissioner johnson commissioner melgar commissioner koppel commissioner Vice President richards and commissioner president hillis so moved, commissioners, that motion passes unanimously 7 to zero and now you may make that motion. Move to approve very good, commissioners. To approve that with conditions on commissioner fong commissioner johnson commissioner koppel commissioner melgar commissioner moore commissioner Vice President richards and commissioner president hillis so moved, commissioners, that motion passes unanimously 7 to zero commissioners that places us on item 14 item no. 14 2016005411cua, 400 beale street units 2301 and 2303 conditional use authorization. Good afternoon Planning Department staff the item before you is conditional use authorization pursuant to planning code to merge inform dwelling units at 400 field street 400 beale street in addition to the krifkts finding the Commission Must consider separate criteria seeks to merge to dwelling units the project will merger one thousand plus two bedrooms with a slightly larger one thousand plus two bedrooms, two bathroom unit the dwelling units have been approved with 8 million respectfully the project will have one kitchen and one bedroom and reconfigure the common areas one thousand plus square feet three bedrooms units that will be opted out by the project sponsor his family and his parents no exterior alterations have proposed to date the public has no correspondence with the project after analyzing that the department recommend denial of merger that will merger two owner opted out not affordable to the periodic adjustment to the criteria of one . 6 million will result in one combined marketrate that is more unvariable the project will result in a net loss of one dwelling unit to the Housing Stock per the Housing Element not retaining the housing by controlling the mooring or protect the Housing Stock the clement street neighborhood commercial district the residential merger will reduce the mix in the developed for 47 to 46 percent it is unbalance not consistent with the general plan and the rincon hill area plan although the Department Recommends denial staff has included an be alternative draft motion should the commission upon deliberation determine that the sponsor the morgue is necessary and desirable and on balance did not admin vertically impact the health and safety of the Housing Stock in rincon hill should the Planning Commission approve the conditional use authorization the Department Approval for the motion for an approval that requires the existing number of bedrooms be maintained to facilitate any conversion back to dwelling units presentation. Ill be happy to answer any questions you may have. Thank you very much project sponsor thank you, commissioners john with rogers on behalf of the project sponsor Brandon Miller it is simple and not taking the 10 minutes of our time proposing two adjacent condo by brandon on field street in order to live together in one single unit and have fran to come up and speak to the project. Good afternoon. Im brandon the sponsor my husband and i live here in a 2301 since 2007 we also live part time in Southern California as circumstances have pulled United States to the city on a regular basis we see our family going into the future with us being in 23408 most of time my parent have decided to follow up u phenomena us up we can care for them they want to be close to my their grandchild we 3rur7d the two bedroom condo next door my parent want a combined family unit and instead of looking for something everywhere that is difficult in the city were here to ask for brawl inform annoyance others living quarters to having a familysized living space with three bedrooms and four bathrooms to opt out the couples and child the current lay out is in the fundamental to accommodate the needs of our family and one last point id like to make i know your sensitive to dwelling units and ill encourage after we put in our application by our decision only taylor that is more in keeping with mergers that you can consider for approval based on the needs of growing families and i think that particular commissioner fong some of the comments you made at the time were applicable to our case here so we will sincerely appreciate our consideration of our request here today thank you. Appreciate it. Thank you john reuben, junius rose unit 400 beale street open field street contracted in 2002 as discussed two existing two bedroom unit adjacent to each other and the merger will result in a three bedroom unit that is an important point i know that staff drachd observe alternative motion in case the commission supports the conversion merger but maintenance the merger it is important that the layout in our plan set that essentially kickoff creates two two bedrooms and one bedroom at the other end that provides two you know brandon and partner and the coming child and parent with separation with the living space in the middle an important aspect and a 3 unit proposal foreclose you brandon purchased in 2008, and bought their unit and both Owner Occupied and to provide for the Family Housing it is understandable about the sensitivity around the mergers those todays concerning the Housing Authority that really is one of the situations where it is an appropriate to consider the flexibility if that policy thats why we are here slopping to not permitted those are not bmr units marketrate housing the building was conducted in 1979 not rentcontrolled units this is a luxury rincon hill constructed 15 years ago not the oldest Housing Stock that provides Affordable Housing to the san franciscans not the type of merger we should be concerned about and, in fact, consider flexibility in the policy because of unique situations like this one ill tell you i checked online whether or not what the units are renting bremmon the 12 floor were talking about on the 23 but on the 12 floor is offend for rent at the 5 thousand a month this is the level of affordability were meeting into one and to that point in 2016 brandon got on appraisal of both units one onehundred 75 million and the other over one million that is not truly Affordable Housing in any way and in fact, the appraisals steady the told her in the code in terms of what we define as quote unquote amazingly 6 million but the point as of a year ago when the new merger policy or legislation passed this would not have been in front of the commission those are both unAffordable Housing and well not be here today understand why the policy is shift as we are more and more sensitive that warranty the flexibility in the policy it in remove rentcontrolled and at the same time allows the family to Grow Together and respectfully you approve that merger and allow the two dwelling units to be created and thank you thank you any Public Comment on this item . Seeing none, Public Comment is closed. Commissioner johnson. Thank you very much im generally supportive of this kind merger, however, i dont agree with the bedroom i think we should keep the recommended mostly from staff to brown be this 4 bedrooms and addition a unit merger we required that both units were separate condo with their own parcels to be sold in the future even if their interior alterations this plan show that the kitchen are to be merged into one and so i might look at the City Attorney or staff to see if we wanted to make that requirement that was done whether the kitchen morgue makes things swirlly but thats my recommendation to the commission something ill support. Commissioner moore. As we discussed at Great Lengths the adus this morning wasnt were taking singlefamily units inform increase the number of unit not the question of those who live in the unit but the unit be brought to the market and retained in the meeshth force those in the various income breaks can afford i agree retaining the two unit separated at the more lifestyle more than imagine is titsz i found the staff report exceptionally done speaks of the policy of the rincon hill neighborhood plan special area plan and i would support the spafz represents as given to us and thats a motion. Second. Whats the motion. That the physical morgue is denied that it is the motion that the staff recommended for us to consider. Commissioner fong. Im actually in support and dont want to disapprove it im with sxhoshths there are things if time moves on and this familysized moved out there is the ability to brings it by a, to the existing conditions im curious if it is condo maps if we view that merger to have a delineation to two separate unit im not so spent on for these a fourth bedroom it is internal use but curious if the two front doors remain the same would have the ability to demise the combined kitchen. I understand the need of the growing families and i know taken care of of parents is a great robot. Go commissioner Vice President richards. So Business Times yesterday a lot of condos on the market so many condo are produced it is karates even though the man is still there why not bow a bigger condo in a bigger building thats a question why go through the trouble of reconstructing just find a condo that is 25 hundred square feet. Sell both of them and bow a bigger condo. It is a home weve owned since 2008 with a low basis and low property tax expensive to find a condo units of more than 2000 square feet few if in their approved in the first place as part of big projects they tend to be on the upper floors and their very much urban affordable to us as a family. I guess the question what is the largest unit in the building. I believe a penthouse over 2000 feet. Normally i was here on line looking at real estate your building and approved 12 hundred feet. If so typically the largest size. You come back to us in 6 months and say you want to move in our aunt and will uncle where do we stop where be a whole floor a slippery slope for me authorizing those with no end in sight. Not the request. I understand. You can literally have a whole floor we had someone that bought 3 homes on a 7 unit culdesack one in a house and one and imthis is what were seeing here i dont know where you want to call it im not for it have two separate units you live in one and your parents in one we approved on the Taylor Street the person suffered from a Severe Health issue couldnt feel their way around the unit and go into the front with significance issues have your parents live next door. As at the continue to grow older it is a concern i have personally having that interior openness and being able to have our family together without going into separate units it important to our family. I understand thank you. So, i mean those are tough for us generally well when i look at are we losing a rentcontrolled in this case which gives me i would not approve this as a renderings rentcontrolled units but this is the a motor home if it building we are proposed with that unit in place right now i dont think well start chopping up the unit size in fact, were asking project sponsor to do more three bedrooms weve had that discussion a couple of weeks ago i i dont want to see rentcontrolled units taken off the market but not troubled by what i will consider two luxury units being merged into one larger unit not an extremely large unit it is a decent sized unit i probably will agree with staff id like to see the fourth bedroom i dont know if i agree with trying i i think it will be difficult to finance on the keeping the two units merged i think this is a value to having three or four bedroom units here in potentially adding familysized you units our notation we have legislation before us will request 40 percent of units be two bedrooms and three bedrooms one thousand square feet ill generally guarantee it in this case i dont know necessary have a strong policy to oppose it not wanting to set precedent for combining unit luxury units but thats okay with the staffs keeping the fourth bedroom it is a need to have a fourth bedroom. Commissioner johnson. Thank you very much i i have no problem with the idea of the morgue and again, the reason why a couple of things the reason i suggested the condo of ideas not a condo but the last project with the coopt building they wanted to morgue the two unit and in the end we decided okay. But their needs to remain the same number of shares and the coop etc. , etc. So the internal changes would have remained one i clearly remember it but people are not accepting that thats fine i would suggest that we again maintain that fourth bedroom and then the only other thing ill say with all due respect i think we were not arresting im high supportive of adus and creating more housing but need more flexibility in the Housing Market is other projects like this not the end of the world. Commissioner moore. Sir as were not talking about the coop but the condominium meeting of unit low require a rewriting of subdivision youre aware of that. Im curious about that that option of meeting them but leaving the two on the condo maps as separate units we dont have a fundamental problem if thats the way the Commission Wants to work. The commission actually go ahead and should be clear of what were approving the meeting of a unit in a condominium not a coop requires a reapplication to change the former of subdivision the land underneath the condo is sub divided for the units the area that encondem enenincumbrance you have to have 100 percent approval from the owners that live in the building in support of subdivision that means reducing the non number of united i happen to live in a condo and sits on the board of one of them it is easy to say but the flying structure for the two unit to be one is more, more complicated than sitting here doing so the fact likes meeting lofts in the city the same things a vertical form of ownership requires not only the association speaks for itself as the governing body for the condominium to approve and each of those 200 whatever owners has to say yes before this precedes. It is an interesting issue my thought i totally understand with the hov and my thought we might have trouble on the condo mooring the two units that wont stop us from pulling a Building Permit that breaks down the wall. Thats not correct you cant even in our architect application cant interfere with the common area portions of my unit because step one is the application for mergers step two the entire group of owners to buy into that and then the architectural application. Were not impacting the common area of the project at all. Are there structural waltz and your utilities are all common areas the vertical units are a common area. Were not adjusting any of the common areas of the building the wall is not a load bearing wall it is 0 sponsored by the structural columns is where we have the support of association were not asking to remove either one the condominiums ap ns or unit. If youre meeting them as one occupant and recording them as one unit thats why the subdivision act comes in and needs approval you may be able to do moving of wall between units in our associations supports you on it but us to sit here saying you can 3450erg two properties is a common area and common approval in which you have to have total support from all our homeowners. Enrage the first time two families are combined a condominiums moipdz is this is not the case i dont need approval or every condominium unit owner in the building. Mr. Kevin this doesnt matter youre in the hands of your lawyer but im telling the commission thats the way it works whenever we say that will be tempered by Something Else theyre much more complicated by reducing the units were encouraged not to support it not quite possible for me to support this morgue. Commissioner Vice President richards. You know the section 317 demonsterable is the most ridiculous thing in my life i call it the Pacific Heights expectation given the fact were slightly above that ive been beating the drum about the informational and staff says the one . 7 million is forcible to 8 perishes of the populations and some are affordable to two percent of the population that is one i have a gut reaction to whether a family issue or not absolutely in disrespect inform either the applicant we have people on their face sharing their relatives to two units and had verification from channel 724 percent of time it didnt happen we are assuming your cropping in good faith our parents may not move here and stuck with a massive unit not supposed to be this luxury the low basis argument i can understand half of the unit at the marketrate because of the changing hands i get the argument the typical path i buy a starter home and a third or fourth kid with a bigger home and not combining lots and houses this is what the pathway should be i think it sets more precedence and completely get the personal situation and dont question it i dont think that is necessary and desirable as our standard. Thanks commissioner fong. Maybe we feel different i think that is two units combined not giant unit will be 5 humans living in up to 5 humans living in this large apartment 4 or two bedrooms apartment not a difficult thing as far as the merger and hov i agree with you commissioner moore if it changed the count than hoa rules are in play thats not for us to decide that is a different problem i dont necessarily think that affects us to make that forgone conclusion so in support of this morgue and again, i also think that is a good case why the mergers are brought to the Planning Commission and a good example why the Planning Commission is effected in great details and not the broad net that works in every situation. Commissioner koppel. Yeah. I look at the packet before us and saw the points staff made and completely taking those in consideration and commissioner johnson comments i was afraid what if those two units are moergd and a kitchen disappeared and you move out and the place is not purchaseable by anyone else with commissioner johnsons comments ill be supportive of this approval as long as something is done to keep the dignity integrity of these places or place being preferred as two units for possible later down the street situations so thats how im coming to any decision and as long as something will kind of keep the integrity of those two unit im okay with that. Commissioner johnson. Okay. Thank you looks like we have a motion on the table ill make a different motion secretary inon do we as a motion. It was the motion that preceded your own a motion for a continuance we should take them in order. She can make a motion. Okay question to the City Attorney so my suggestion that the condo map remain as is with those two separate parcels that will change the inside of both is that in compliance with section 317 residential merger so were is the residential merger talking about the physical states or also addresses the condo map. The Legal Definition of the two unions. Section 317 eats condo map provisions have separate the condo map provisions or the condo issue is resolved by the subdivision map acquisition state law so as the commissioner moore articulated before you have to look at a different body of law to determine what happened if you meerpg to condos into one and we sit down here now i cant answer commissioner moores question whether or not for example, taking out a kitchen will change your ability to make two units into one to respond to the project sponsors comment not the first to in the world two condo were merged it is possible i dont know what limitation the subdivision map encompassed but your proposal will work for example, if you could remove the kitchen and remove a front door into two units or sorry two parcels under the map act im not sure how to answer that, we have a person to answer that unfortunately not me we can get back to the commission if you want to know. Okay man. I would. Ive sent an email awhile were talking but not horde back. The reason i want to know obviously with the two front doors i think i know the answer to the question but the internal renovations as long as you keep the hookups for gas and electrical even if you only have one set of alliances it is state law so im wondering can we condition that on the residential merger or a full and separate body of law were not a state commission. Yes. My concern depending on how it is phrased the commission he might be stepping into an area it is above state law so youll have to be careful about the subdivision on a meaning decision. Id like to make a motion to the approval for the residential as amended by staff the fourth bedroom remain. Second. Commissioner Vice President richards. So the question for the City Attorney assuming in good faith the project sponsors intend to move their parent in move the clock forward 10 years way too many kids and go back to dana point can we have a notice of special restriction that that condo is supported by allows for them to have the programming but the housing unit back to the Housing Stock i can support that. Commissioner Vice President richards im aware of the provisions under the planning code that will currently provide that note in section 317 so. Would it be a condition. Not that im aware of of that in the planning code not aware of prosecution in the planning code. Id like it to be a friendly amendment to the motion it is is legally illegal. I dont have having a policy problem with the fourbedroom unit in this building it continues on for that i mean, i dont think were creating were taking i think too expensive two bedrooms and creating one expensive 4 bedroom but if this project comes to us and there were 15, 4 bedroom unit i dont think well have a problem with that i get it so thats my general take if you add no rentcontrolled and displacement i have a huge problem with continuing this as is. One question on the rent control do we have verification the s r o was before 1979 before rentcontrolled was enacted in 1979 sounds like the date but verification that was actually before or after the Effective Date i want to make sure that is truly the case and were operating under that assumes. When was this constructed. The Planning Commission approved it in 1998. Im sorry, i thought you said 1978 i was off base. Commissioner youre correct the council misspoke. You said 1979. multiple voices . laughter . Commissioner johnson thank you amendment not accepted i i get it where commissioner Vice President richards is not trying to come from but introduces too many difficulties for not enough policy gain and if it is possible theyll move out if it is sold and mapped as a single condo so the process to have to go back and make it two condo i feel it is challenging and not sure. Commissioner moore. Aside from what the outcome of this decision is next around ill appreciate that the applicant and this case mr. Kevin and perhaps we know about subdivision acts and how it seconds the condos, condominium were created as a alternative for people in San Francisco not really way back when when it started to afford homes on their own the kind of the first frontier of owning property and living in the property with the house in the community of other apartments called condominiums and were starting to basically merger condominium were starting to make a mansion were also driving the cost of those units and some condominiums go back into the mid 70s we are increasing the speculative value to be mega mansion and it is very much in line with what the ideas of rincon hill rincon hill was designed a neighborhood similar to the other surrounding Downtown Core 12 hundred or 11, 14 hundred square feet and meeting them outside of a particular amount of subdivision lieu were starting to undermine that market and im very concerned about that note today and have not in the past conditioned in any point to support condominium mergers i see the danger where i live and many condominium are being used as second homeowners for renter basically studying what was one hundred Owner Occupied and now 50 percent renter absentee rentcontrolled units and creates a pattern that is disruptive and negative to the original idea of smaller homeowners im speaking for myself in their opinion i see the dangers theyre there all the time and for that reason in addition to some rudimentary understanding of subdivision law i strongly oppose the mooring of condominium in San Francisco. Thanks. I just i mean 2200 we saw a home that was 22 hundred square feet well call that a modest sized home weve talked about 3,550,000 square feet homes so for someone that likes kids and a family youre trying to live in a 12 hundred square feet i get we want to create unit and having a discussion about familysized unit i dont want to take away were approving i dont believe i other people a huge condo that was before we didnt have a notion of that merger we have that approved that 22 hundred square feet unit so i dont agree that the meg a is mentioned. Commissioners two motions shall i call the question . On the motion then to disapprove that matter. Commissioner fong no commissioner johnson no commissioner moore no commissioner melgar commissioner moore commissioner Vice President richards and commissioner president hillis no. Excuse me that motion families three to four on to approve with conditions to have a retension of. Fourth bedroom. Commissioner fong commissioner koppel commissioner melgar marry no commissioner moore no commissioner Vice President richards no and commissioner president hillis so moved, commissioners, that motion passes passes 4 to 3 commissioner melgar commissioner moore and commissioner Vice President richards voting against. Well take a 45 minute lunch good morning and welcome o the Planning Commission this is the regular meeting for thursday, april 13, 2017, id like to remind the members of the audience that the commission does not tolerate disruptions of any kind. Please silence any devices that may sound off during the proceedings. Commissioners, we left off under our regular calendar on item 15 for item no. 15 2015014718cua, 716 columbus avenue, conditional use authorization. Good morning commissioner president hillis and commissioner add up of Planning Department staff the item before you is a request for a conditional use authorization from the Italian Homemade Company for a limited restaurant as a sud fine greenwich and fillmore within the north beach you special use district in the accessory use the grocery business will provide a tack out food use provided the accessory function will not xoup more than 5 hundred square feet chief Financial Officer it left due to the prep areas with the business is not operating within the use provision riser the business a limited restaurant or seat the required conditional use authorization the request before you seeks to abate the violation the business is not proposed to alternative its application if it is approved it intend to provide dedicated sale for the grocery products physical alterations are not proposed as part of this application with the exemption of roosevelt screening or mechanical equipment as required has control that a restaurant or babe bar may not be permitted within a space that is left occupied by a sale or use although it is last opt out the subject place is in the reference the sud dont place reductions an limited restaurant it is considered a basically sale or service used from the under so the conditional use authorization for a limited restaurant didnt violate the controls of sud as discussed in the staff report the concentration in the vicinity is approximately 2. 3 percent of business with the business that concentration is raised to 33 plus percentage the percentages succeed 25 thrilled, however, the required methodology may contribute to a higher percentage and furthermore it acknowledges that north beach may steady the identified tlurld without detriment to the district since an established pattern the concern primarily is focused on loss of neighborhoods serving restaurants to trick beyond the immediate neighborhood all this to say the department if find the limit restaurant will prevent that from having a balance of food 3 communications 2, 3, 4 opposition all of which have come arrest publishing of the staff report from the representative from the st. Paul society and the in which Business Association important in general their comment disagree with the analysis and the overall concentration of the eating and drinking they note this manner with their replaced by restaurants has been seen throughout going in the right direction north beach they pursue the leg shawn ortion afterwards those comments raise concerns and building this business and future businesses should be required to maintain the component of the business as a primary use and overtake out food within the accessory use provision excuse me the Department Recommends approval finding the application to be in compliance and pecks im available to answer any questions. Thank you, mr. Perry project sponsor. Im the owner of the aisle made Company Distribution in 2013 me and my wife and i came from italy this was in four years i did a line and they saw we could have opened a specialist Grocery Store because were specialized in making of pasta so were the chefs that makes the pass 80 to for the customers everything is somethimoped to be homemade having italian resident from what Something Else did 50 years ago is like a nice project 0 it is like the neighborhoods were happy the store is packed and for the first time we had news in the newspapers it is going good we have an operation mostly to go not like everything is to go on paper plates we dont have any other regular seats but hike some over 5 high tables but this is jew because when all the people come they have the mraurlgd and the washington aware park so families have a reason they a place when theyre waiting for their food we dont want to change 911 of that so everything will stay and and speciality grocery are limited seating on the office on this block. I think that is. Great pretty much all. We may have questions first open up for Public Comment ive got one speaker card mark bruno welcome mark. Welcome mark. Thank you commissioner president hillis and members of the board ive lived in north beach for thirty odd years and work at the go catholic in north beach involved with the homeless as i said in my initial letter italian homemade is a business ive eaten there the problem is the company is in the wrong space if we isolate those businesses well not need a planning code we can choose what we personally like oh, people are from italy because of italian immigrants we should allow them to go around the planning code that as exactly when is occurring what if any friends from ethiopia in the richmond and have a Grocery Store what if any want to come to columbia and use that designated retail use for their Grocery Store and they decide to do a restaurant all of a sudden limited restaurant will they be treated the same way by the Planning Department i hope so were in San Francisco but we have an argument given to us but the Planning Department that after all this business didnt matter because the 25 percent threshold that is required by the north beach neighborhood Business Commercial district it says in the supplemental after all not one percent but dont you see in terms of not above the threshold 32. 5 percent the argument by the city and park well, it doesnt matter but what about my prince from ethiopia that moved next door the percentage will be lens what was a retail use and is third and fourth and fist an argument saying no need for planning no need for preplanning which is a redundancy what is preplanning the presumption that a citizen of a neighborhood businesses and residents came together in the 80s to make a north beach commercial district with certain provisions that doesnt matter no where we dont care about the balance of retail and restaurants no more will well let people do what that he feel like there are open spaces in north beach designated for restaurant this bits can become a restaurant and succeed what is happened unfortunately is that from the very beginning been a restaurant i invite the commissioners, if i havent had a chance to go and see that this is not partially a rarity store interdedicated to seating as a restaurant out of compliance for two years i ask you not to grant the cu. Thank you. Is there any additional Public Comment on this item. Good afternoon, commissioners im stepho im not coming as a consultant but coming here as a patron that appreciates him and his wife come to an ear on the seven hundred block of columbus was a dead zone was potrero hill lit walking down that corridor was not desirable next door were two vacant spaces and on the other side an automotive a big trees you know surrounding space so it, it is not exactly prim real estate most of restaurants are contained on the 4 hundred and 5 hundred block what im saying hes come to ask for permission for a limited restaurant first, he had speciality grocery they had the option of people in the area most of them locals this is not a tourist spot but locals runs informed and by word of mouth grown into something is special a pasta what we know as flat breads the italians bring over what im saying so for this particular space and this particular location locals have a lot of festive with those people i talked to him about not expanding not asking for beer and wine just keep it the way it is if you want to do some other things or upgrades might have to choose another neighborhood what the codes not as strict and i remember wasnt that long ago i was on a Commerce Group we had many awards nationally recognized for the types of businesses and top 10 of United States not just california so today please approve that as a local restaurant thank you. Thank you is there any additional Public Comment on this item . Seeing none, Public Comment is closed. Commissioners commissioner Vice President richards and i guess a question for the project sponsor you started out as one thing and changed into Something Else did you have why werent you aware of what was illegally allowed and not allowed. We opened the first, the Grocery Store the Planning Department i respect to the Planning Department and we respect through all the application process we needed a kitchen a vacant and we went through all the legally from the beginning being a grocery we won third of the accessory use for the kitchen after i was contacted from the Planning Department when we saw we were ready to grow food what i could have down like send away customers so the neighborhood needed that space that was necessary so that was why satisfied why. I completely understand and understand your success i applaud it you knew only 1 3rd was allowed. 1 3rd of spates is still the kitchen and 2 4ths is the Grocery Store and remain likely the only thing that changes was the high tables not seats like a restaurant no place for people eating paper plates and like highchairs with high stools so the reason like with seats and water oversees and take orders or nothing like that so moms with kids have a space they ate the la san diegan. Thank you. Is there any additional Public Comment questions. I mean, ill obviously we are sensitive in certain neighborhoods all neighborhoods about concentration of eating establishments with the discussion an retail before and maybe involving beyond some of the requirements and limitations we but i agree with the gentleman this is a different you know than northern part of columbus there is different in nature where we have the higher concentrated level of restaurant very much feels different than Fishermans Wharf we had trouble with retail use so this is not dislout but allowed with conditional use with this bodies approval given the location obviously we dont like looking back and approving things in a sense it is interesting what people wanted and you look at our yelp page and see people enjoying the space i agree not the tourist club it is probably focused a lot on folks that live in the neighborhood given those factors i can be supportive commissioner melgar. I was going to examine that i had observed this trend in other neighborhoods too you know towards introducing food and i think that is a normal evolution of how people live their lives today and sometimes we have implemented controls and in the 70s and 80s and people have their a change over time of retail and i dont think this is a radical change this is just a little i support it also. Commissioner johnson. Thank you very much im supportive as well sometimes, i think that matter more to me as a single commissioner and ive seen through the entire body when were doing abatement and not the fact were looking back at something wasnt compliant for awhile matters nicole it is less of a Material Impact on the decision we have to make id like to submit a motion approve with conditions. Second. Commissioner Vice President richards. One quick question for the project sponsor before we embed and vote in the Food Assistance diagram where are the high tables at. Located on the front of the awe of the windows. So theyre not labeled not on this diagram thats all. Okay i understand. Im supportive. Commissioners, if theres nothing further, there is a motion that has been seconded to approve this matter with conditions on that motion. Commissioner fong commissioner johnson commissioner koppel commissioner melgar commissioner moore excuse me. Commissioner Vice President richards and commissioner president hillis so moved, commissioners, that motion passes unanimously 6 to zero. Commissioners, that places you on item 16 item no. 16 2016009071cua, 10191033 clement street, conditional use authorization. Good afternoon commissioner president hillis and members of the commission laura Planning Department staff the item before you is a conditional use authorization application to legalize the use that exceeds 25 hundred square feet of gross square feet within the ifrp clement street neighborhood commercial district the business has been in operation since 2012 and 2014 took over the use in entirety the use came to our attention when the applicant applied with the department with the proposal to connect the two commercial spaces at the ground floor the applicant is in medical use that operates out of two buildings which are located on one block to create to internal connections for patients and staff may move between the paramedic at the 2016009071cua, 10191033 clement street, conditional use authorization. And no exterior modifications are proposed the subject property is located on the south side of street continue 11 and 12 after the existing tenant is northeast medical services a Nonprofit Health center with 10 locations throughout the bay area including 7 in San Francisco formally each building houses separate retail a hardware on one side he and a you fortune store the medical services is 16 hundred plus square feet and covers third floor the department has received one letter if support of the project if the clem Merchant Association a copy of the letter is in our mission packet since the packet ive received one email from a neighbor that is concerned about a preserved proliferation of medical uses in the district and concerns about cash he had no complaint about the existing business. Staff is recommending a approval of the conditional use authorization the project will in the displace my commercial tenants the site is wellserved by Public Transit and northeast medical Services Tested at the he site without issues that concludes my presentation. Ill be happy to answer any questions you may have. I believe we have representatives from the project sponsor here. Great, thank you project spons sponsor. Good afternoon. Im amy with the earth and wong from go our architectural as well just want to reiterate that the proposed project is to provide a interconnection to pharmacy and clinic again nothing on the exterior about change to address the complaint or the concern about the trash disposal i believe that the concerned neighbor is worried about the medical bio hazard in the trash can Homeless People will harm themselves the endanger put out on the trash can is not different all bio hazard materials are put into a bin with a lid in a locked room they pick up the bin on schedule once a week and have representative to answer any questions. On the northeast medical service. Great. Thank you very much. Any Public Comment on this item . 16. I want to speak into the other mike you think that one is better. It maybe especially given our height. Im michael with the association we enthusiastically support mims in their effort in this matter they are a great asset to the neighborhood serving underserved population what theyre doing is going through a lot of trouble spending a lot of money to do something that is right theyre to be expended i urge you to approve their request thank you. Thank you, sir additional Public Comment on this seeing none, Public Comment is closed. Commissioner Vice President richards. Seems logical and necessary and desirable move to approve second. Commissioners, if theres nothing further, there is a motion that has been seconded to approve that matter with conditions on that motion commissioner fong commissioner johnson excuse me. Commissioner koppel commissioner melgar commissioner Vice President richards and commissioner president hillis commissioners, that item passes unanimously 5 to zero and commissioners, that places you on item 17 item no. 17 2016005702cua, 524a clement street,conditional use authorization. Good afternoon, again laura Planning Department staff this proposal is also for a conditional use authorization it is to legalize a formula retail krek9 wireless store operating within the clement street neighborhood commercial district the planning code required conditional use authorization for formula retail uses within neighborhood commercial district the the subject property contains a mixed use with with only commercial space at the ground floor and 4 residential unit above formally that housed a book store known as pacific arts and books it includes the respect of the wall design will be replaced with a smaller more pedestrian scale nonilluminated wall sign that meets all the standards pr cricket is a subsidy of Adolph Hitler two stores war legalize what cua two more are pending review at an upcoming hearing none of the other Cricket Stores are in the same quadrant of the city next is in the outer sunset this characterizing the inner complementing are prominently establishments and banks there are a number of retail use like walgreens and radio shack that surrounding by residential only one similar formula retail Verizon Wireless is in the area but there are multiple retailers as much as radio shack that acts as authors woirlgs dealers mask of the retail use and providers are included in the Commission Packet there is strong neighborhood opposition to the project to date 79 letters opposing including two from the clem Street Neighbors Association this is a desire to preserve the atmosphere of the neighborhood and a desire to encourage the independent open a can of worms one the inner clement the department has 61 letters in support of project 0 copies have been provided safe is recommending approval of this conditional use authorization request as noted in the executive summary it meets all criteria of the planning code nonnot an over concentration in the vicinity and few similar Wireless Stores other wireless retailers in the ncd consist of authorized clearly that concludes my presentation. Im available to answer any questions we have a representative from the company to speak. Thank you. I see supervisor fewer did you want to comment on this item. Okay. Welcome. Good morning commissioner im supervisor fewer the supervisor of district is our formula retail use regulations sustain a health mix of independent Small Business around the formula retail where it is necessary and desirable my district contains the most vibrant commercial 0 corridors the rising the inner clement Small Businesses is a reason the richmond is a magnet for visitors throughout the city and beyond our formula retail use controls defer credit to help the neighborhoods retain their character by giving the Small Businesses an opportunity to say an opportunity whether a proposed formula retail is necessary and desirable and comparable with the surrounding neighborhood i believe the most delinquent point of this case the cricket is a formula regulations by moving into the space without applying for conditional use authorization we are unfortunate fortunate it have apparent that collect the Merchant Association that brought that to the attention of the Supervisors Office and substantially the Planning Department this is the case for another cricket outlet on 455 clement i urge you to listen to the Small Business owners concerns about the formula retail uses into a unique neighborhood that is in addition accelerated change and worried about about the survival of Small Businesses in an increasing difficult economic environment and also urge you to carefully consider whether you want to regard a Business Owner that wants to circumvent our rules. Open up for Public Comment we have organized im sorry project sponsor sorry. Go ahead youve got 10 minutes and and then organized oppositio n 10 minutes after that. Commissioners, good morning phil speaking on behalf of the j. C. American the authorized representative and mr. Ionin more letters of support and also heres some radius maps youll see the concentration of formula retail and also the concentration of providers withcells services on, on clement everything the supervisor said is true the regulation were not o vertically avoided but the authors representative was not told by the Parents Company at t that formula retail has regulations and need to follow the company with the sign company put up the sign without benefit of the design e sign permit none to find that was taken place in the ifrp clement Merchant Associations that brought this to the attention of the Planning Department thats why were before you today once Cricket Wireless and at t found out about thi s they want to upright the ship in november we brought a Cricket Wireless from the excelsior district here 4400 of Mission Street which you approved unanimously that was done properly they leased the vacant space and came to conditional use approval before opening up the other 5 that laura mentioned started bringing through the process last month as you recall another Mission Street 24 hundred and 21st and also 11 hundred grant corner off grant and pacific you approved unanimously at a time this will urban design the third of the 5 not gotten the cerebral hemorrhage approval so were going through the process with this one and irving will be back may 11 with that said im president of the Merchant Association and sensitive to small mentor and i went out even though a preapplication meeting before i was brought into this another meeting met with mr. Bus and parking space and lawrence on september 13th i tell them i was very, very aware of the area during the summer of love my wife and i met a half block away from the project i was born 3 blocks what was then the French Hospital and now part of kaiser ive knew the area i knew that ace hardware and candy and smart and final and cypresses providers and want to find out why they were taking a issue with this one we opened out without the benefit of conditional use permit the problem was compound with the manager of the store they tried to get a larger location will a block away so basically looked like their profiling not only come in without the permit but who places without a permit when we were looking for a bigger space in terms of size and character go kevin stretched his arm could cover this unit 12 and a half feet wide very small 8 hundred square feet a could be i didnt hole it is absolutely necessary in todays world as you can see in the concentration maps every other commentator on the street continue hard. Well, and swanson with mr. Wu and some of the Sales Associates to talk about how this happened and how the business is operating thank you for your time and considerati consideration. Okay. So the reason we choose this location is because we pout this place is high density with Chinese People which we been there for 3 years and we are serving about over 60 percent of customers that are chinese and the reason rethink it should be there because of cricket compared to other cell business the store is there were doing good for the past 3 years and we didnt know we were supposed to get the conditional use permit when we opened the store but as long as we find out we hired this lawyer and starting the process hi, im lawrence sales of the cricket store and im the so for manager. And basically this ive been working as over 3 years now and it is really provided a nice experience for myself especially out of high school i developed really good leadership skills working on my bilingual language yeah. Im the store manager in clement. Please pull down the micro. Im kind of short im the store manager for clement a great place to work at so many people come by we do service besides giving them affordable plans and thank you guys. Thank you so open up for Public Comment in the organized opposition we have 10 minutes or the jose you. With a minimum of 3 speakers yes, please. Good afternoon im henry a president of the San Francisco council of District Merchants Association i think that supervisor fewer spoke eloquently will formula retail and how it effects Small Businesses and special corridor like Golden Gate Park the castro and west portal and places around town to go ahead and have those stores not only they takeaway from that feeling of a new place Something Different you dont get millionaire in the city but the fact that we visit and want to see that note over and over and over and over and Small Businesses local people communitybased in there and start up a chance but please be advised the ringing of and use of cell phones, see in the city already that formula retail is not allowed anymore again well not be doing this if it was a great idea to allow formula retail wrenching in town i urge you not to approve many formula retail that is going on clement street and i think that is important we look at our gems our shops and so forth so thank you. Hi commissioners my name is a petting im a coowner of green apple books since 1968 thank you for your service youre amazing and thank you for your careful consideration thirty months ago the formula retail Cricket Wireless the project sponsor is trying to the number of formula retail on the street he argues if theyre less than a certain number in doing so the sponsor ignores in sections contrarily i spend my 7, 8, 9 reading codes notebook see this the clement between argyle and the second the general plan policy that existing with the neighborhood serving retail use are proffered and the third criterion states the formula Retail Businesses can retract if commercial district ate the fourth he choose the uniqueness of San Francisco neighborhood is based on a combines of communities foster by small merchant several of the presenter should demonstrate this Cricket Wireless should not be granted a conditional use and finally the voters and planner created those restrictions with the clear intent to proffer a difference economy and a strait escape not mistaken in the world san franciscans voted with their ballots and city supported this. I mentioned green apple is turning 50 most people know they can buy cheaper on line but vote with their wallets to keep us here and when they shop online for the like the one speaking before you today their perfumes are another vote for a difference economy the vision that San Francisco is voted for at the ballot box i humbling ask you respect those they were created by the planners and the same voters sunshine have voted with their wallets to keep green apple profitable for years i thank you for your time and consideration consideration. My name is michael im on the board of Merchants Association as my father ervin invite was 50 years ago im speaking to the statement on page 3 of Cricket Wireless application the project would not displace any existing tenant my topic with is how did a formula retail like Cricket Wireless not get caught pushing out a unique 31 wednesday book store at the tufrment first, they raise the rents on the current tenant pacific books and arts or perhaps the space is leased or rented so the tenant has to leave the space than a month or so later Cricket Wireless moveins this is the important part of deception the formula retail tenant waits two years before he finally is pushed by neighborhoods complaint to submit a conditional use application by the time the hearing occurs six months later thats the day which is thirty months after the tenant who was forced out left the agreed former tenant can no longer be located so cricket sponsor argues the space was vacate when they re7b9d it but fortunately in the news article i put there david leigh reporter from bottom an independent journalist documented in july of 2014 that the plight of mr. Lee the owner of pacific boxes and arts at the least many lee was forced out by much higher rent possibly he was forced out through a lease signed by Cricket Wireless as happened and as referenced casually by under lesser in 2015 when Cricket Wireless wanted to move to a bigger space across the street and signed a lease of 10191033 clement stre 524a clement street with the landlord to rerents for another 3 years. I appreciate your attention and thank you for your time my name is Alicia Anderson a 13 resident of inner mission we sold local gods a board member of the Merchant Association sfmade and sf local Merchant Association my shop was closed so i could be here i care about that issue deeply with the sections im concerned not only about the negative impact that krek9 currently has on the character of the inner clement neighborhood including the gigantic sign but the proved negative into the future before cricket opened at the location on clement street in formula retail use stores there within 018 most of cricket opening 3 additional formula Retail Stores have opened including verizon, french and at t on the street which is a Parent Company of cricket norms in conditional use authorization is grant to Cricket Wireless than the gates will be opened wider tocells if you grant to cricket how can you discriminate against our stores withhold to open on we have stores on clement to which are operating without a you clvks and geary boulevard didnt have formula retail im urging you to please as a Small Business owner many cell phones stores wield you to please close down this cricket store and preserve the eir richmond character of the billion dollars corporation they basically abuse and use our neighborhood for the chashs that is there the Inner Richmond character is important to the visitors from all over and it is so valuable to the Small Businesses that are struggling to survive so the Small Businesses on clement 0 opening oppose cricket thank you. I think we have a short time left for the opposition 15 seconds left. But. inaudible . Okay. Well open up to general Public Comment. This is the first 3 speakers. Oh, you did so. You have 3 minutes. My name is jesse fink ive been on clement street a cafe for 34 years i was president of the Merchant Association for several years i know clement street i know San Francisco it is seems like what the issue is here is formula retail cricket should not be on clement street it is a as simple as that they snuck in and stated in and very involved residents find out what we did quickly did that two at a time when starbucks was kept off the first case that was a formula retail was tested quickly snuck right in and got away with it none called them on that no formula retail allowed on clement street clement street is one of the most unique repetitious streets in the city of San Francisco i see people come into my store and cant believe that the street that is inundated it is a unique street youve been there i hope you know that whether someone said we havent reached an over saturation of formula retail no, we have not reached an over saturation on clement thats why you dont get close to it not wait until the water is above the dam and say off stop in the just cricket but anyone that gets in you dont want them you want cricket you want sprint and at t thats in the wrong place at the wrong time innovate what the game is about no formula on clement street the reason the city and voters create that legacy businesses is because there is a value for businesses that have been around a personality thats why that was voted on you know if we voted the city can keep out chain stores leave people will vote to keep them out legacy business and keeping formula retail off clement street thats it. Thank you thank you. Additional public speakers. Im richard a member the merchants and a other than of a small shop on clement street i want to talk about my option a Cell Phone Store not desirable for the merchants they occupy small smaiz spaces that are essentially to starting own and operate businesses they add to the atmosphere that is in turn depend upon sidewalk traffic Cricket Wireless is combranltd a cu authorization is dwelling unit to the neighborhood and also because it drives up rents for other retailers cricket is a subsidy at t with a revenue willing to obtain a location they view as beneficial to their image and second this disapprove the conditional use they can move one block to geary boulevard that is convenient for cricket customers that way cricket can keep their customers and we can keep our shops thank you very much. Thank you any additional speakers. Okay who i kind of lost extract of cards everybody is welcome to speak if you want to folks line up if there are a lot more please line up on the screen side of the room. Everyone has 3 minutes and welcome. Okay hi good afternoon, everyone my name is karen im the manager of super stores on clement avenue cricket chef summary the project is necessary and desirable for and comparable with the surrounding neighborhood this statement is inaccurate on all 3 points one Cricket Wireless is not necessary for the neighborhood it can open its business what the sponsors call the district an geary boulevard a block away from clement in a Merchant Association not only for a formula retail but encourages them and two Cricket Wireless is not desirable for the 28 well known merchants in the clement it oppose this commercial use compare this with the eir clement merchants that wrote a letter to the sponsors contain in the packet sorry im so nervous a letter from the retailers the packet that the commissioners were given for the wireless on 524a clement street include zero letters of support from the merchants even the residents letters failed a third of residents millions beyond the Inner Richmond two from the richmond are duplicates and third cricket is not capriciously with the neighborhood they clement is a vinyl of unique creative shops in terms of a commercial district with a unique character created by the noncommercial district and for those reasons i ask the commission to disapprove cricket he wireless application thank you. Thank you very much. Next speaker, please. Hello my name is a. M. May understand be my husband and i opened a store the store he presided you myself on the thoughtful design and layout we were attracted to grant on inner clement because we found other Small Businesses that shared that aesthetic and now we share the same type of customer not looking at for products that are available and appreciate the personalized gift wrapping with every purchase enjoys creating a business enjoy asking about our background how we got to this point in our lives and enjoys sharing the block with the families before and after visiting the store it is relatively new but delighted from the first day of what a special community it is dont knows of another neighborhood of this size that hold those qualifies i believe that formula retail use like cricket hurts Small Businesses like ours the tan trump is essential to our future and the future one of whom started at roosevelt knolls this year down the street please say not to delay Cricket Wireless application and help us keep the Single Community that it still is thank you very much. Thank you. Is there any additional Public Comment on this item. Seeing none, Public Comment is closed. Commissioner Vice President richards. Interesting enough and been on that side of the railing in my neighborhood arguing against walgreens and starbucks when they tried to move into the neighborhood we won unanimously the Planning Commission because we put up a good argument like the community is doing today on this side for the same neighborhood we approved and i voted for hamburger marys and a coffee because they respect through the process right and added to the neighborhood and come pell case and the communities support it; four, what im hearing in terms of i think that is different from the prior legalization or legalized abatement of the north beach project the issue i see here on placement of businesses assuming the article is correct i hope they have the standards we have a displacement of a Small Business and i think this is the kind of thing that is wrong with formula retail it can a displaces Small Businesses and it didnt sometimes play by the rules i think if there are other businesses in clement street corridor that dont have been legalized for the conditional use they need to be all recorded i think one of the things that really kind of turns me when i heard the train of you know the case of the community presented you can erase cricket one on clement and one in west portal theyre all the same and like the corporate folks are coming applicant in the lie not telling the franchisees they need to follow the rules and they at t knows how to follow the rules they should be 12 the franchisees you dont have to get a contract for a cu permit so i dont want to tell supervisor fewer how to do her job but supervisor peskin and former supervisor did a formula retail ban in their commercial controlled you might want to consider one for this corridor i dont support the conditional use the business what move a block or two blocks away to geary street and have a Customer Base that is successful i also think whatever we do today, we need to send a letter to at t and cricket well not support those kind of things and they needed a conditional use and franchisee and follow the rules so i make a motion to disagree. I support that the formula retail were put in place to give the neighborhoods the right kind of have San Francisco control what is in their neighborhood and clement is a unique part of establishment and i dont live close to clement the place you go to an interesting San Francisco street and while i dont necessarily usually support a bandy think we approved ace hardware a formula retail but want to give you you all that live and work there kind of control over what should be there and what type of formula retail users work in the neighborhood so im supportive of motion to disapprove. Commissioners instance you dont have an additional motion motion of intent to disapprove wait. No, we doesnt have an alternative motion. So just to folks know we dont have a motion green before us to disapprove well pass the motion presuming an intent to disapprove will come back to the board next week. Well continue to matter two weeks lets go april 27th with the inclusionary. It will think presumably on consent calendar and not necessarily take Public Comment you can are Public Comment during consent and commissioners a motion of intent to disapprove that and continue to april 28th. Commissioner fong commissioner koppel commissioner melgar and commissioner Vice President richards and commissioner president hillis so moved, commissioners,. That motion passes unanimously 5 to zero. Commissioners that places us as item 18 was continued to may 11th under your discretionary review for item 19 item no. 19 2016006303drm, 3326 Mission Street, mandatory6 discretionary review. Good evening commissioners yet im before you as an application for mandatory discretionary review of a Building Permit application for change of use from boar to medical cannabis dispensary on 3326 Mission Street within the nc3 and height the project site is bound by Mission Street to the east and service on all other sides residential use in the surrounding area including directly above the where the use is proposed staff is generally supportive of offer design that plaza reception at the front of building and increases the uses as required by the planning code by shifting Product Sales to the back of building and the use will appear more similar to a medical use than other uses per planning code the frontage of building is Rearview Mirror or required to have translator window for no longer than 60 percent of pedestrian level theyve received mixed Ferry Building a common point of concern has been that multiple medical cannabis dispensaries have opened or been approved in the immediate area in recent months, the area is two concentrated with a mcds the department has received many letters of support including a petition of support with a common point raised the replacement of bar with a mcd will improve the area and excluded in the packet since publication 13 additional comments 3 individuals expressed additional concerns regarding the number of mcds opened in the immediate area and request disapproval one Property Owner identified the physical improvements to the storefront will achieve the visibility of lot and the boar use the area and additional 9 letters from businesses and nonprofits seeking to the character of the approval for the application the proposed mcd may operate this is hours of Operation Staff recognizes multiple mcds no limitations of the mcds in the Zoning District staff prepared a map in the local area included in the packet an additional map was prepared showing the locates of mcd over a large area to show where clusters is concurring and that was provided to you today no additional mcd are currently under review in the immediate vicinity as the project meets the reminded of planning code staff recommends the commission take dr with the recommended conditions of approval the approve with conditions are standard except for a condition to clarify the bar use anybody legal vacated as alcohol sales are not permitted that concludes my presentation. Im available to answer any questions the project sponsor also has a brief presentation. Great. Thank you very much project sponsor a 5 minute presentation. Good evening, commissioners i am have lived in the Mission District over 40 years and owning and operating the bar and grill in the mission brunos with my family for almost 26 years and building that makes me a true mission resident and san franciscan if you grant us the use permit well be the first latino coowner i know well be able to serve the community in a culture and sensitive manner as stated well provide support to stations and encouraging the workforce to provide opportunity for local resident we have a violation to reviolative our block a discrete presence many of them are suffer from the effects of the for in the Mission Corridor i appreciate your support and appreciate serving our community. Everyone im bruin mitch his partner and uc berkley i was diagnosed with cancer not a marijuana user but started to use it instead of the medications i went into remission and ever since then is an advocate for marijuana after graduating moved to San Francisco and started a company that operates today, i met him through a mutual friend both at Mission High School so jose and he spearheaded this and theyve done a trimmers job by gaining the support of the Community Area businesses and residents and nonprofit meta the vocal school with the chamber of commerce and roberta herons head park lastly our design team are here if you have questions regarding the design. Good afternoon, commissioners pardon me im a little bit late this project is a special one an mcd but a San Francisco Mission District legacy businesses Small Business the project is the same operators for over 25 year wants to be a part of Small Business community and help to preserve the identity of corridor we the significant outreach and working with the permittee and no negative impact that a multiple dispensaries coexist we have overwhelmingly support and keeping him as a Small Business owner the benefits are greater assess for more benefits of medical cannabis and doesnt increasing the competitive pricing and more support for benefit programs we have a supplemental materials not included in the packet id like to hand out to the commissioners right now were available for any questions that the commission has of this project. I want to thank everyone. Thank you for the opportunity to present this to you. Thank you very much. Well open up for Public Comment i have several speaker cards carlos calling names if there are additional folks youre welcome to please line up on the screen side of the room. Welcome. Good afternoon, commissioners my name is a carlos im the ceo for the Hispanic Chamber of commerce we represent Small Businesses in the area as we see the diversity that is coming in into the Mission District and thank you for all the Small Businesses were here to advocate to support the project the Small Businesses in the mission see a lot of loss of opportunities to grow this is a real opportunity that we decided to move from one type of business to another one we see this is something that can help the community and help the Small Businesses in there were here to ask you to please support this and make that happen please thank you very much. Thank you very much rudy if you want to line up on this side keeps the door open. Good afternoon commissioner im rudy executive director of a Prevention Program serving the bay area for the last 25 years im here to voice my support for in business sometimes, people wonder what is the differences between medical marijuana and use we have a lot of buybacks it have hundreds and hundreds of drugs off the street we want to continue to support this process so we can get the goodbyes off the streets to save lives for the city and county of San Francisco Police Department and mothers who have lost sons against violation and people have lost lives im not against the Second Amendment im a victim of gun violations but make sure we eradicate violation and one of the methods i believe is with building relationships so thank you thank you. Next speaker. Good afternoon, commissioners my name is william im a San Francisco native that is born and raised in San Francisco Mission District today im speaking as a a private citizen and Small Business owner but service with supervisor avalos with the workers comp as all of us know the mission has gentrification of residential and Small Business owners with the impact of the what is striking the 14 mission and the fire that happened adjacent it is ties to see Small Businesses adapt and try to give back to the communities i definitely recommend for you guys to move forward as approve that will continue there the legacy business for latinos in the San Francisco Mission District that have a positive impact in the opportunity thank you for your time and consideration. Thank you very much. Next speaker, please. Hi, my name is tony and i lived in the Mission District since 1972 and also the chairman the board of directors of the vocal school the two gentlemen that came to us and talked about their marijuana locating in the mission we passed it unanimously after they presented it to us the gentleman was a great friend of the past executive director so we you know we discussed it thoroughly and looked at it it very carefully and vested it and took to seriously and voted on it was unanimous wed like you to approve it as well. Thank you, mr. Full board faa both. Next speaker, please. And im natalie currently acting as the executive director for mission vocal school and we provide training and healthcare hospitality, clerical Training Programs and we look forward to supporting jose and bryan for the Wellness Center as a Community Partner that is equally engaged in the mission to provide job opportunity for more underserved folks for Workforce Development training and the neighborhood their commitment to medically cannabis treatment is strong i believe that will go a long ways to providing strong opportunity for a long Term Employment and opportunities for growth for members of the community and getting folks off the street and keeping them in the community i know that people have been mixed feeling about the new mcds coming to their neighborhood it is for the community and has a diverse ownership this is the kind of mcd project we want here thank you very much. Thank you. Next speaker, please. Good evening. Im defied package im retired i basketball my home in Bernal Heights with my wife we both worked 34 years for the 49ers i was the at the First Congregational Church and a retired person that speaks in support of this project i think that offers great Economic Development, really a good way to go in the mission in our particular neighborhood and want to voice my sponsor support for the project that is interesting one business into another my wife and i are cancer survives if we have other dispensary will give us another opportunity to get medication thank you. Thank you. Is there any additional Public Comment on this item. Welcome. Good afternoon, commissioners my name is Jennifer Garcia with the and a cochair but a u s orientation with the cannabis workers and speaking as an advocate for workers in the cannabis and on on behalf of the wellness you have local 648 have signed a Peace Agreement allowing the workers to choose a union the Wellness Center knows we benefit when workers have standardized training and education with the understanding that the corona is centered this Training Programs implement to maintain the knowledge necessary for the safety medicines to their patients long been on a interval part of the community and this provides an opportunity to continue as a minority business we look forward to working with the Wellness Center and encourage the Planning Commission to grant a permit to the la corona and allow them took a be a fair employer and good citizen to the communities thank you for your time and consideration in the matter. Thank you is there any additional Public Comment . Seeing none, Public Comment is closed. Commissioner melgar. Sure. Thank you very much i really appreciate all of this all the folks that came out to speak on behalf of the project i unfortunately will not be supporting this project i think that is consistent with the position ive taken on this commission and that i think the mission overwhelmingly has been the site of medical cannabis dispensary and now under prop 64 i think before we institute clear guidelines and controls will be over run by the youth and that will be i think to the detriment of other users this block in particular i have spent a lot of time since i work in the neighborhood and i think that block needs help there was a fire there was the most anchor institutions business institutions burned down i think as a city should be helping it i recognition this is this Business Owner has been in the community a long term not sure that is the only way this particular whether or not can remain in the community i do as i said encourage the department to put out a clear Design Guidelines and above all it is an issue of Environmental Justice for the mcd in a short geographic area. Any additional i have concerns with clustering what happens is an issue for us in the past but typically we get a lot of Public Comment against an mcd whether there is clustering or issues that compound comes up by additional mcds and it is objective it is refreshing to see a lot of support from the community so im supportive of this i mean, i think weve had projects before where you know there are other not so great operators in clustering will compound that but we you know stripping not heard from one neighbor opposed to this mcd and why i have concerns with clustering we passed actually recommendations to the board of supervisors that may take away the limits like the three hundred square feet around schools that will do what we are concerned and eliminate some of the clustering we made it entirely to difficult where mcds can locate thats why were having clustering in the south of market and here which we find unfortunate and hopefully those issues are resolved when the recessional use but given the fact in neighborhoods opposition with the neighborhood support im in support 37 this mcd. Commissioner Vice President richards. One last question i share the clustering concerns i look at this map we voted down two mcds in the excelsior would have been in the same circle around those four to oppose the existing and park was one and on one hundred circle if there is a way to say hey this is the best way to run an mcd that would be it about kumbaya it would be amazing two questions for the project sponsor i dont see a security plan do you have one. We have a security plan i can hand it to you it is right here and please. Can you talk about. We developed our security plan starting to meet with kathy that is where we started what is the we thought way to handle the security from there what we did we respect to other dispensaries and studied what we did to what we liked and didnt like and development the plan around that and went as far as if you see the people that remarked one person was concerned all of the team met with that person in person and discussed their concern and actually, their concern was actually having the smell of marijuana at park so we beacon hill stated well make sure all the packaging states the rules you cant smoke outside so heres what we wanted to accomplish we dont want it to be intimately people standing outside the block that is a line or a big like security guy out front around the corner at the harvest theyre promoting people from the streets to come in literally on the streets and it is kind of weird you feel like youre at a club we want the security to be inside to make sure that is secure and welcoming and not intimately thats our goal. We have one in our neighborhood i i get it. So. Patriotism in the green cross have done an excellent job we have an individual that helped to develop things in the organization and helped United States to develop the plan. Another question when we get those applications project sponsor say they have 20 users within a 3 block area and have statistics do you have new statistics why we need another one here mcd cardholders. Tonight i cant give you an exact number but a lot of people not happy with some of the smaller institutions nearby their prices are too high we provide a big advantage not trying to start a price war but yeah, so essentially allows us to provide medication at a better price point and Higher Quality when we gave me the community they dont like to go to those places and think about this is a legacy play for ignoring if you go into the other dispensaries they center have a bilingual what happens when they cant provide bilingual language so in the hispanic bars been going through for years instead of buying it from harvest theyre not buying there they dont feel comfortable. The question and concern the fact in opposition if we had bus loads of people coming in ill be less supportive but i like it is hispanic and the fact that is humanized and all the support ill be supportive of it. Thank you very much. Commissioner fong. Ill say im still waiting for the task force to come back with the recommendation it will be easy to make a decision im supportive of woilgd the green zone for some of the conversation with the clustering is a narrow scope the green zone i think as we go further along wall street the operation of those may it be so marked are better and better i think victimized found out the best way to operate i have convenience no neighborhood opposition today, i think that probably says a lot to the outreach you guys understanding and the locations what the problems have been and addressing the Security Issues with lash issues so im supportive of this particular one. Is there a motion . Ill make a motion to approve. Not take dr. Because your attaching conditions. To take dr and approve with kemgz recommendations. Very good, commissioners. To take dr with conditions commissioner fong commissioner koppel commissioner melgar Human Resources no commissioner Vice President richards and commissioner president hillis so moved, commissioners, that motion passes 4 to one with commissioner melgar voting against. Commissioners that leads up us to general Public Comment. There are no speaker cards. Any general Public Comment seeing none, the Commission Meeting is adjourned working for the city and county of San Francisco will immerse you in a vibrant and dynamic city thats on the forefront of economic growth, the arts, and social change. Our city has always been on the edge of progress and innovation. After all, were at the meeting of land and sea. Our city is famous for its iconic scenery, historic designs, and worldclass style. Its the birthplace of blue jeans, and where the rock holds court over the largest natural harbor on the west coast. 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