Transcripts For SFGTV Planning Commission 111716 20161119 :

Transcripts For SFGTV Planning Commission 111716 20161119



to arrive shortly commissioners, that places you under your proposed for continuance item o1 townsend street conditional use authorization is proposed for january 19, 2017, and item 2 townsend street conditional use authorization is also proposed for continuance until january 19, 2015, and 3 abc for ca cases for determination of compliance conditional use authorization and allegation of square footage are proposed until december 8, 2016, and amendment process is proposed until december 1st, 2016, and item 5 simplification planning code amendment proposed until december december 1st, 2016, 2000 van ness is proposed until december 1st, 2016, and item 7 market street is proposed for continuance until december 1st item 8 the inventory informational presentation is proposed until december 1st, 2016, commissioners further under your calendar for the academy of art section h addendum item 23 - excuse me for case the academy of art ceqa ifthdz items 23 a, through g for cases adaptation of planning code text changes initiated by the planning department planning code amendments 2016 adaptation of text changes proposed and related to the academy of art university the academy of art plan code text amendments and 2209 van ness avenue conditional use authorization and next van ness avenue conditional use authorization and market octavia conditional use authorization at pine street conditional use authorization and sutter street cdcc on bush street conditional use authorization and at 1153 conditional use authorization respectfully are all proposed for continuance until february 2nd, 2017. >> director rahaim what you like to make comments before public comment. >> thank you, mr. president commissioners related to the request for continuance on the academy of art items that is coming from staff i want to tell you the basis for that zoning administrator scott sanchez and judicially settlement disconnections the city's perhaps was required by the judge so we've before asked by the judge to participate in those participation the judge assigned to the litigation that the inadequate filed against the academy of art he asked we continue those discussions with aau with the courts inspiration and not closer the substance for now he asked to continue consideration of this item to allow those discussions to continue over the next few weeks and an early december the district attorney's office and staff plan to brief you in closed session on the status of that relation and the discussions we may be in a position to provide you and the public important daily but were at this time not to disclose any information it's the basis for the continuance on this item. >> opening up for public comment on the items proposed for continuance. >> there is one speaker card paul weaver. >> good afternoon. my name is paul weber a north beach resident must be of telegraph hill dwellers and the coalition for san francisco neighborhoods here to comment on item 5 the article 7 reorganization we ask article 7 be continued indefinitely first, as of today there's no available official rewrite of the proposal yet there are numerous changes suggested by one mcd and probably 3 others none of which have appeared in any official rewrites of the article 7 with the thanksgiving weekend into flue and december 1st is enforceable for any new versions to be digested by you or the public in that period of time. >> secondly, as we've said repeatedly the outreach is ensufficient to inform mcds of what is being proposed and how they're coming priced of small businesses who owners have neither the time or human resources to understand the impact of the document and the possibility of urban intended consequences yet their disadvantaged because the staff should be performing the task that only a fortunate few mcd have been able to do with the changes that are proposed by at least three or four that 3 or 4 represent about 10 percent of the mcds in addition to three or four mcds suggesting changes a number of changes were suggested over the past year by commissioner tang's office and in the draft the point the bulk of those effected don't have the resources to do the research we firmly believe that should be a function of the staff thank you very much and i'll turn in any one and 50 word statement for the record. >> thank you, thank you mr. weber. >> sue hester i came out from another i agree with a what was said the rezoning of the experimental district in the middle of how wide season is disrespectful to small businesses and additionally you know that commuter has been down more than up in our computer for the planning department for about to go through some kind of overhaul during the holidays his request is a minimal request should be respected i'm trying to do number one and two to the academy of art continued until january 19th i don't think you intend to have this hearing before you have the bigger hearing on the academy of art and if you can deal with the rest of the calendar to the second i think this should be the second at urban forester or after that so pay attention to academy of art beginning and the end of the calendar and the date for continuances doesn't make sense really urge you to pay attention to article 7 revision and hearing in the middle of the holidays it is really not nice thank you >> good afternoon, commissioners my name is carlo a field representative for carpenters local 22 and i'm here speaking against the request for a continuance for the 950, 974. >> please a duran that item is not considered at this time you may speak to it when the item is called. >> the matter of continuance from the commissioners wish to take that up will be taken up at the time and any public comment on the items proposed for continuance seeing none, public comment is closed. commissioner moore >> move to continue items one through and 8 together with items 23 and 24 in the respected substance to the dates mentioned my understanding the aau will be continued until february 2nd and the dates are what they are i assume we can comment on to others. >> ms. hester referred to the first two items under the consent calendar related to the aau so for suggestion having them on the same date as the asia doesn't make sense. >> i would agree with that if we can amend the motion to recommend those two items will be included isn't larger aau discussion. >> february 2nd. >> second auto commissioner vice president richards. >> yes. is there a reason why we couldn't put the article 7 after the new year rather than before? >> i don't know exactly there have been to number of meetings we know about article and a lot of back and forth. >> it was actually scheduled to be on your calendar and moved for the academy of art being such a long hearing we tried to move things off of today, we heard from a member of the public. >> just to be clear article 7 is not rezoning in the commercial district for the article. >> commissioner moore. >> in support of what commissioner vice president richards just said the fact that certain items are continued at least separate isn't chamber didn't mean we don't work on them i worked on them over the weekend didn't make that easier this is disappointing i believe that adding additional stuff through the holidays kind of not what i want to do i'll move to the longer calendar is fine by me. >> i don't jonas that item we're not considering that. >> it was not on your agenda today, we received a packet for this matter for consideration today you have considered it previously under several informational presentations okay. >> you - did you make a motion. >> i made a motion. >> did you want to amend it. >> it's not on the agenda sew it is. >> i'd like to add to any motion to push out the decisions an article 7 beyond the holidays. >> to - >> february. >> february? february 2nd? >> second. >> very good commissioners there's a motion to continue items one and two to february 2nd, items abc 3, 4, 6, 7 and 8 as proposed item 5 for article 7 to february 2nd, 2016, as well as all matters listed in agenda item h for items 23, 23 a through g to february 2nd, 2017, on that motion. >> commissioner hillis commissioner koppel commissioner melgar commissioner moore commissioner vice president richards and commissioner president fong so moved, commissioners, that motion passes unanimously 6 to zero. >> commissioners, that places you under your consent calendar which we have no items on consent the consideration of draft minutes any public comment on draft minutes not seeing any, public comment is closed. >> and commissioner vice president richards. >> move to approve second. >> thank you, commissioner on that motion to adopt the minutes important november 3rd. >> commissioner hillis commissioner koppel commissioner melgar commissioner moore commissioner vice president richards and commissioner president fong so moved, commissioners, that motion passes unanimously 6 to zero and places us on item 10 commissioner questions or comments. >> commissioner vice president richards. >> briefing there was an article in the new york times how residents are coping with the household are making quite a few quite a bit of money only a tailor in a tailor park the interesting thing some of the trailers have test last in the carport while he successfully people are renting trailers, and, secondly, as a result of the election in mountain view and richmond and san mateo in lastly it is great that airbnb will help them endorse the rental law that is great news for everybody. >> commissioner melgar i had a request from a member of the public that i agree with that are which is there is a lot of complicated information to comes to the commission that the academy of art is an example and san francisco port commission and complicated and i'm wondering in part of the what we do with the transparent can be an indexing tool on the website rather than attached to when it comes to the commission like the projects having you know some kind of pages programs that allow you to easely search for things within documents so, anyway a comment an idea when we do discuss. >> just for clarity the individual documents or the the subject property matters i worked and i think both a member of the public might be interested in theville documents or the potrero hill or hope sf part of a large discussion we'll go to defy meetings to get the supportive documents and have to be judgment involved as is grouping of documents seems like a reasonable request. >> and you're referring to the electronic versions and uh-huh. >> commissioner vice president richards. >> that's a good point i do the copy papers i file the same subject in a file even if there is a link to the pathway that we heard that would be helpful to keep and paper trail. >> commissioners, if there's nothing further, we'll move on to departmental matters dourment. >> thank you jonas commissioners a couple of housekeeping items a memo in the pathway related to proposition 64 moving forward with the legalization of cannabis in california and talked about that in your packet for next week we'll receive a lengthy pathway a memo and supporting information for brisbane we - i did gives us a breakdown of the brisbane eir studied and 4 options that were studied as well as the parole that that the planning commission in brisbane approved moving forward going head that will be in your packet next week and perhaps take questions as you look at that thank you. >> item 12 receive of past event of the events board of appeals and the historic preservation commission. >> good afternoon aaron starr, manager, legislative affairs. at that weeks linguistic we concerned the proposed ordinance by supervisor wiener to the planning code if 2 to 5 years owned or leased by an educational institution the planning commission heard this september 8th and voted to recommend approve at the land use committee hearing to speakers in support of ordinance and nun in opposition supervisor peskin has questions about the time period from 2 to 5 years and how that was monitored and enforced questions were you answered we mr. powers the committee voting unanimously to recommend approval to the full board sorry next on the agenda was the zoning map and planning code amendments for the mission and 9 street support by supervisor kim and supervisor peskin this item was continued for we're on track one week because the japan was not also calendar on the date as required at the full board this week 1345 ocean avenue with the president wesson tenor church sponsored by supervisor yee and supervisor breed was passed its in the second reading and maiden lane the morris gift shop sponsored sponsored by supervisor peskin also passed its the second reading the board passed its an exception to the interim controls between king and fulsome this is sponsored by supervisor kim it has been in place for about 18 most and lastly this week the board of supervisors considered the committee to hear a environmental determination for van ness that will demolishing demolish a 31 thousand square feet building in order to construct a 5 to 6 story mixed use with one and 57 residential units with bmr unit and 25 percent and one thousand square feet of retail and 42 square feet of trade shops the appeal was based on claims the folks failed to should the impact from gentrification and under the eastern neighborhoods and impact but i cayuga quatro the appeal contends the eir is out-of-date and can't be relied on for subsequent projects a notable comment the pounts feel nothing is done for the quatro district the motion made and supervisor campos directed the department to have an analysis of gentrification and displacement and the impacts of growth under the eastern neighborhoods that accounts for all projects in the pipeline the impact is considered particularly for this project before you conduct an additional analysis by the board and one introduction of note this week the resolution concreting the department of human services for the cu for the ashen in pdr for 18 months or until the adoption of permanent resolution this is legalizing the cannabis in the state intended to address the conditioners that cannabis will displace the pdr in the city porter i'm available to answer any questions. >> thank you commissioners no report on was historic preservation or the board of appeals that places us in general public 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 reached in the meeting. each member of the public may address the commission up to three minutes. i do have one speaker card. >> thank you georgia swedish. >> good afternoon, commissioners in our water he bill this last month, a thing about the mixing of ground water with the water from hetch hetchy and good water that made me know about where the water goes i really believe as i've said previously the r e g should be worked in parallel overlaps in the issues for example, with the rear yards of natural areas their consumed to privacy fences that call off the yards more than the traditional fences but more importantly to the water company is water absorption into the ground turf is installed and a lot of patios and trees and the handbag at that time are lost rear yard are programmed they're not rear yard anymore their programmed and then the water is going into the sewer so that adds to the bill another issue the offer use of glass and the poor design quality is bad demonstration it creates light portion in the rear yard the main thing trying to particularly with the udg i know the staff is over worked i didn't go to a meeting but at another meeting they presented to the neighborhood group if you look at some of the topics this the udg it related to habitat and landscaping and also issues of design in the windows i think the parallels seems a good time to start beginning the process with the provision of udg we've been talking about for a long time thank you very much and this is more for the minutes thank you, commissioners. >> good afternoon, commissioners my name is fernando i'm a member of the eastern neighborhoods cac and was involved in a long time with the armenians rezoning we want to speak that 1515 van ness you heard in the board of supervisors report it raise a critical question about cumulative impacts we've discussed over and over with the cac i know you've discussed at various times the fact we continue to build within the eastern neighborhoods and we have in the been keeping up with the infrastructure that was to mitigate the impacts of development you have an analysis that was created you have your eir that called for mitigation measures we're far hidden that i think that appeal that was uphold for 1550 south van ness points to the critical need out grown the eastern neighborhoods eir and it is time for the city to reconsider how we are going to pay for the needed infrastructure and development that continues to happen thank you. >> is there any additional general public comment? >> good afternoon commissioner director rahaim peter with the calculator action network i wanted to follow up briefly on what fernando said i think that from a mission stand point and particularly out of the save the mission we've been working heavy with director rahaim and some of the issues of mitigation and also looking at some of the key components corridors i want to raise that question in regards to the ruling the other night we keep in the foreman of our minds we discuss what are the sensitive his/her are areas where cumulative impact come in and north mission street the latino cultural district and how impact cumulatively to look at how the areas are effected and what is the size of impact in those more sensitive areas flarn to other areas the situation is different so that's what i'd like to highlight in addition what ferdinand had to say thank you. >> good afternoon commissioners joel koppel isle i've not met you this guess a great day i've been here before you guys got on the board and concerned about the mission obviously that is why i come here and i'm most concerned that the 55 thousand - is it 40 thousand uber and lyft directives in the east bay to drive in our city and the commuter buses we've not anticipated in the neighborhoods i think that they come along with the more market-rate unit those are the folks using the services when we are looking at the cumulative impact on the environment and we're trying to really do the right thing for protecting the mission and not turning it into another displaced fillmore or now the bayview that lost it's african-american population it is the time to do the right thing and put the resources together to try to really be world-class in leading the struggle to preserve your immigrant community as time this is the biggest attack that ever happened he know we'll potentially be in danger of los federal funding and affordable housing resources are going to be at risk and i think we're the people that need to stand point and do something i'm trying to organize a bunch of independent developers to fill in the gap for the affordable housing funding that might be going away i think that you guys do the policy and you guys can really do some protective measures that will help to save the immigrant community when it is under attack i'm urging you to have the planning department staff do the cumulative impact of all the high ended development that has been part of this community suddenly and try to pace it out and try to talk about the increase of affordability in those communities in danger thank you. >> good afternoon, commissioners koreay smith speaking on behalf of myself i was there tuesday night was a bizarre meeting things we're going through as a country but in the 2020 meeting the anger and hatred is way two previous haven't and it was prevalent on tuesday the concerns are real and really, really real. i'm concerned about it we want to spend a lot of time planning and not solving the problem as the located officials i encourage to you be thoughtful in our goals and one thing i wanted to emphasize we're going to hoping work to pass a legislation that will encourage the development in parts of the city that have not seen development over the last thirty years or so i really, really you believe that will help the mission and sincerely hope that that the people in favor we join in our efforts to try to mitigate some of the negative impacts that have happened knowing we're all one city and care deeply about the city thank you >> okay is there any additional public comment? >> comment is closed. commissioner vice president richards. >> yes. wanted to reiterate to the department director if this is a change you how things are looked as a result of the tuesdays south van ness we hope to understand the impact thank you. >> commissioners, if there's nothing further, we'll move on to regular calendar for item 13 case medical services in sacramento neighborhood commercial district this is a planning code amendment. >> good afternoon, commissioners i'm monique mohan for the medical services in sacramento neighborhood commercial district also provide a brief overall and the commissioner if supervisor farrell's will be here to provide comments currently within the sacramento new medical services with prohibit at all equip professional businesses that can convert to the first story. >> and medical serve used is permitted as an accessory use this legislation would allow medical services on the ground floor and below and now require a conditional use authorization or cu authorization will be principally permitted on the medical floor it is a skate use that requires conditional use authorization and the department supports the goals of this orientals that provides a path for medical services not overly restrict and on the empowering by requiring a cu authorization recognizing the neighborhood that losing mcds that will be - further the property ordinance is a loophole in an ineffective land use controls that allows the conversion to a medical use and finally for the accessory medical uses allows scrutiny for the medical spraz that provides station therefore we ask the planning commission recommend approval for the recommendations to the effect i'm here for questions and i'm going to turn it over to my colleague. >> good afternoon commissioner president fong and members of the commission legislative aide to supervisor farrell and our office has been working with the sacramento street to addresses the concerns where the active services are been replaced by the medical service we're sensitive to the personal serves and operating as personal services and looking forward to the h mcds strike the right balance for the service uses we're getting early ferry building their relaxing restaurant involves controls we'll make sacramento street safer thanks for having us. >> and thank you to monica she's easy to work with this is her last day we enjoyed working with her. >> okay opening up for public comment not seeing any, public comment is closed. >> commissioner moore. >> a few weeks ago we had a case that speaks to this potentially being a good do i think there will be a need for local smaller offices the devil is in the details the question i have for the director is as a cu will be provided all the additional guidelines because the offer abundance of ground floor medical offices on the part of divisadero is very, very stifling and since sacramento is distinguished retail corridor and a service corridor i'd like to see this strike a balance i see the need yet in our back pocket have additional guidance for this and again medical offices can be commanding high rents which is a complication for smaller retailers especially the retailers that make up the profile of the sacramento are all individual local and i'll hate to see that balance tip with the lure of higher rents on especially on the ground floor occupation of those retails and commissioner, i building this legislation tries to make sure that happens by putting further limits on medical offices and minica correct me if i am wrong so it gives us a better filter to look at the services so we have a better mexico of services on the ground floor. >> i mean the way it was in sacramento it is pretended; right? so we firmly believe that a conditional use authorization because there are so many findings hard to make as part of cu necessary and desirable a case planner on that should be able to go to the corridor and look at a business mix and provided that information to the commissioners and often again, when you get cases that are cus this is - in talking with the mrntsd there is a lot of - each corridor will be different i'll have to defer to legislative sponsors if they're to create more spaces for medical services but i'll also say that epic your citywide division with working on updating the health care master plan and this is an issue i like the staff to look at more holistically in the city so while it may not be prohibited the particular piece of legislation the staff is considering this >> including the frequency and . >> correct i've talked with the staff about that. >> as long as we see that happen simultaneously i think we'll be better informed consulting with them in the cu context we need guidance when it comes to tell you cases i'm in support of this piece of legislation and move to approve paw second. >> commissioner vice president richards. >> one question for supervisor staff the vacancy rate is 11 percent mcds how does many compare to other mcds. >> i don't know how it compares to other mcds and okay. thank you. >> yeah. >> that takes a lot of staff work. >> so. >> great i get it. >> director rahaim and i'm sorry actually she beat me to it i want to thank minica we are sorry to lose her to the open transportation department so thank you . >> (clapping.) >> i'd like to thank for clarity to adopt a recommendation for approval with the modifications proposed? >> there are no modifications. >> okay. >> sorry thank you for that clarification commissioners on that motion to adapt approval commissioner hillis commissioner koppel commissioner melgar commissioner moore commissioner vice president richards and commissioner president fong so moved, commissioners, that motion passes unanimously 6 to zero and places us on item 13 for case the inclusionary housing small sites program. >> good afternoon, commissioners diego sanchez today i'll be talking about the affordable housing program, however, in my presentation we want to provide sheila with time to present and like to note that sophie hayward mayor's office of housing will be here to answer questions. >> good afternoon, commissioners while supervisor campos and mayor ed lee don't see eye to eye they agree our neighborhoods need more affordable housing that's why our offices work together on prevention for the avenue required a market-rate development more than the main development built the legislation the item before you is the residential unit of 25 unions or less to - to turn the units into permanently affordable housing it gives small developers a fourth option for meeting their affordable housing obligations as you may know the opens o options to build onsite or objective to an affordable housing fund the small sites program is in place for the last two years and has stabilized housing working with the mayor's office of housing the district line office has spotted one thousand units of affordable housing this legislation will allow more permanently affordable housing to come online we firmly believe that from the next generations of as follows will be able to live here to make sure the development benefits the neighborhood is constructed and in line of that we support the staff's recommendation to require that any fees collected for the small fund fees within the neighborhood where the project is located as opposed to so a mile radius the shareholders want the affordable housing to come online near the development for a mix of income levels are in the same neighborhood and the small developers want to point to the developments when they're trying to built support within the neighborhoods for their projects that amendment allows us to address both those concerns we encourage you to recommend a second modifications to pay contingency between this legislation and prop b our city's inclusionary housing we suggest eligible principle are commodity of 24 rather than 25 units or less in prop c the city requires a different affordability between 10 and 24 units and a higher percentage for 25 and more units i want to thank the mayor's office of housing, the planning department staff, the council on community housing organizations the residential building inspection association and others for their work and input thank you. i'm around for questions as well. >> the department is in support of this to help the city to acquire small rental buildings this helps with the hovrtd and provides a large stalth for tenants and the department is proposing a modification to the geographic small sites proposing a definition for the department and that concludes my presentation. i'm available to answer any questions thank you. >> okay opening up for public comment thank you. (calling names) >> good afternoon, commissioners thank you very much for your time nominees and a till letter the organizational director for the land trust and the biggest beneficiary of the program in san francisco the one and 75 san franciscans living in our two units this great effort that the mayor's office of housing and this body to make that program live and be effective we absolutely support the amendment as drafted including the additional amendment that was spoken about today it is especially important in the current compliment to keep the impacts localized as much as possible we support the time of the dollars to the locality and it allows us to mitigate the impacts to the neighborhood where their experienced we also support the neighborhood definition how most of us every day san franciscans think about our community and the areas where we live some of the technical existence make that chronological open challenging i think comes from the tenants in the various neighborhoods to explain why their outside of the neighborhoods it challenging we really, really also love the idea of tying this legislation to the smaller developments happening as most know the majority renters live in the 20 to 25 unit building they have a tremendous impact for the land use to help we support this and appreciate the staffs time and the mayor's office and the supervisors office to make that happen i'll be happy to answer any questions you may have. >> >> next speaker, please. >> come on up i'll call some names (calling names). >> good afternoon. my name is carlene with mission confirmation development agency as you may know meta has been active in the neighborhood with the small sites program by the end of this year 50 units equivalent to 2 apartment building and those are all small sites this is an important program we're seeing 0 more important to reduce the displacement of developments i'm going to share a letter from one of the attendants thirty who hopes to buy a building hello, i'm writing to express the displacements poernlt on fulsome also known as which is one and 19 apartments i've lived open fulsome street since 1989 across the street from the lecturer building property our building has 8 units the majority with occupied by retired people living on low income and social security pensions i live with my adult son who was born here and went to caesar chavez and delores middle school. >> part time of teacher and work on treat street i've worked there since 1991 here's the punch line after the first open house my landlady said she's putting my building on the market and the building across the street will help her get more money out of my displacement not only for me and my son i reached out to meta we've worked on acquiring the building i don't need to read the rest of her letter this program is expanding allowing the inclusionary housing fee for the 43 will insure that our neighborhood will have another resources for being able to save our family from being displaced think about the amendments that will keep us in the neighborhood and two the ability to add this to 10 to 25 unit range and want to encourage you as we round about that to been deeply the inclusionary housing so it goes deeper than the 12 percent and the equivalentcy of the in lui fees thank you for your time. >> good afternoon i'm fernando's speaking in support of the section 415 thank you supervisor campos office and thanks to the staff of the mayor's office of housing and community development for working on this and 3406d relating small the uncontroversial piece of improvements to section 415 in 2009, 2008 worked with the mayor's office of housing to deputy a small site program in 2009 supervisor daily port this as part of inclusionary housing policy since then 2014 the mayor's office rolled out the program and dozens of families have been saved from ellis act and what this piece of legislation will do this amendment is create a geographic proximate to how those fees can be used to preserve housing in the immediate proximity in the neighborhood the market-rate is happening we believe that using the planning department definition of neighborhoods and the map is appropriate way of defining neighborhoods and we think this is very important to link those impacts within that neighborhood we would last week to recommend one amendment as mentioned before - by supervisor campos office to require this apply to the 10 to 24 unit building that aligns with our current prop c definition for inclusionary housing requirements and thank you very much and hope you support those amendments. >> hello, again corey smith speaking on behalf of the action coalition and speaking in support today a sensible new tool for a housing shortage that will help displacement and we firmly believe that the preservation of roiveng housing is critical for the city that's the cheapest way and the members are behind it when you get two issues back to back in support of something we have a land use policy and it is good thank you. >> engage commissioners my name is marilyn i want to say i'm excited to be here for the first time look forward to seeing the commissioners i'm here in support of amendment on 415 for the small sites you've hereto or heard will the need to keep people in their home and the displacement that is one of the solutions to mitigate the issues with lack of housing units and acquiring the small sites i had a dream when i was a young girl so hoping to acquire the building i'm in not an attorney but this is a dream come true keeping it in the neighborhood and having opportunity to have those land and meta buy the property will be amazing so we support this amendment and also to echo what a lot of the folks said before they keeping the inclusionary housing is imprinting consistent with prop c thank you. >> good afternoon, commissioners denver richard san francisco housing development corporation i'm here to speak in support of ordinance 415 san francisco housing development corporation that was born and started by preliminarily professionals in the african-american community at the time 25 years ago in order to spin the tide of african-americans leaving the city unfortunately, we've seen the trend continue, however, continue to work hard to address that issue and we see this ordinance as a tool for us to provide an opportunity for community members many of which are public employees, teachers and this is invested in the members that volunteer and provide support and services to the neighborhood so it is a tool to keep them in the neighborhood so we also would like to support the suggested amendment to make the number of unit consistent are prop c we think that make sense as well we believe this is just another tool also for developers to be able to meet their obligations for providing affordable housing we urge you to support this legislation thank you. >> good afternoon, commissioners shawn a b.a. at some point i'm a little bit embraced to talk about that i've been talking about it for some long at some point it gets frustrating i'm excited we're finally here this process started over two years ago a working group that was conveyed by the mayor we worked with groups to put this program together the policy was rolled up into a larger more controversial piece of legislation and it got delayed it got stuck sat for over a year a long, long time recently, there was a project in the mission and in our conversation with those folks we say hey what about this can help the director of the organization the members from the community and supervisor campos offices a mayor's office of housing and community development all got together and said let's get this done we got the coordination of the mayor and here it is as a stand alone presentation we're excited as small bubldz we have two option do you in lui we write the check we see is units are not in the community and not occupied by the members of the community and staff may not be occupied by people that live in san francisco and the timing is not lining up with the new projects in fact, that rarely liens up the second option to provide the unit onsite it is better but not guaranteeing that the occupant will live ♪ san francisco or come from the community so the work done recently that may improve but hefg no guarantee so this for us provides a tangible benefit to the neighbors our projects will help with the crisis and it is important to note that when you're looking at this it is important to recognize and to compare the overlay what else is going on in san francisco where are the real problem the tmc and the ellis act a two for one benefit the same building and people that are subsidy to that sort displacement is going to benefit here so in short we're going to produce more units they will be for the people in the community, the unit will be in the community we'll preserve the existence fabric of the community and do that online at or about the same as the market-rate thank you >> commissioners good afternoon john residential builders i'd like to exchange supervisor campos and the mayor for bringing 24 forward this good piece of legislation 2, 3, 4 0er7b8gd out of the marries task force and we work hard on that with and fernando and tracey from the land trust got tied up in a piece of legislation and came to the commission but sat here as a result of that we're working on a smaller project in the mission in august and to direct the meeting with the neighborhoods folks and the project sponsor and we discussed this item and tried to move it forward to the commission because it burglary be a great tool for neighborhoods stabilization to protect the neighborhoods so we work two supervisor campos to move forward so i do support the prop c change that is from originally written before prop c and 24 units or less support that and ask you to move forward today, i think that a very good way of preserving housing in the neighborhood and the neighborhood stabilization thank you. >> okay is there any additional public comment on this item. >> briefly just to add peter coalition action network i think that i want to reiterate. >> couple of points key to a lot of mission groups we like to see the inclusionary fees what are the rates we're looking at higher inclusionary and other scenarios associated with that program and, of course, weighing in certain context with a volunteer program one option; right? as to go forward and drastically prefer the neighborhood option as that's what we're seeing theory different between neighborhood and realistically i think the needs public school diversity between different neighborhoods and finally if i can actually echo corey smith's radius kind of beyond a reasonable doubt of stabilization of those neighborhood is a key element we encourage the community groups that - who are working with the city to actually acquire the property think about those as stabilization tools and we'll decide that is a really, really useful tool especially he keeping the working-class folks here thank you. >> okay is there any additional public comment? >> not seeing any, public comment is closed. >> commissioner moore. >> with the dark clouds of last tuesday hanging over us i label this to be a beacon of a bright light this is fantastic couldn't be happier better than it should be a great thing for thanksgiving first step by which i think we as city, state, can show the rest of how to do it we're a city, state, having said that, thank you to everybody i be can't i see all the faces thank you to everybody this is fantastic i heard about this particular project in the various forms i know that was happening there was other first result but port commission fantastic given the speed and the program that exists in the past that taken hold to produce 76 units i think i heard i'm more than excited to see in the writing the mention of neighborhood the neighborhood becoming the building block the neighborhood as the real dna and ingredient most important ingredients and look forward to seeing other things to stem what is currently a part of larger trespassed and grateful toe mr. chung to make that recommendation consistent with prop c so incredible teamwork and thank you and congratulations to all. >> okay commissioner johnson. >> thank you. i'll keep it brief i'm excited to see this this is going to be a long hearing for the record i share the board of san francisco development corporation which is a nonprofit housing developer that is sticking to take advantage of the existing form and be able to have more projects in the future so really excited to see this today that is long overdue and hope we'll see many projects in the future i have a question for staff on this so assuming this sort of fails and even is happy and the project comes to us a small project their taking advantage of the small site promising program will they can identifying potential programs tooet at the time will we see a - will we know what option for the affordable housing requirement and diego sanchez. >> my understanding they'll be checking the box at the minimum is what's going to happen i don't know if we have gone forward with skooefd maybe wants to comment as well. >> hi there sophie hayward from the mayor's office of economic workforce development i'll add through this option developers a developer is paying their fees onto the small site funds and two years to extend it within the neighborhood if we don't finds a property it goes into the small site funds there is a time limit by not necessarily a property identified. >> okay second yes thank you sophie. >> commissioner vice president richards asked this an inventory of potential small sites across the country across the city is the city planning on coordinating with the developers like identifying the properties or are the funds going into the small sites fund that any nonprofit housing developer corporation that want to take advantage is that about increasing the resources in the small sites funds are are we creating a path for the manifesting to be identifying sites to acquire. >> we're improving the options for small developers to improve to provide a tangible benefit to the neighborhood we keep a list our staff ms. harris is here she keeps a less of the buildings eligible to be acquired through the small sites program as they come available so as the developer choose the small sites option we'll play a role if selecting a site from the pipeline that meets the criteria of the neighborhood boundary but the developer didn't need to identify the property and binge it to use it needs to be within the geographic area. >> we had a project on van ness they identified a rental building sort of nearby that was sort of their way of meeting their affordable housing requirement so with that, project be considered them meeting that requirement it is a small site program even though their coming with a specific project specific building or not. >> that's a similar program but different program so this is small developers as the small developer has the option to provide money for the small site funds to be spent in the neighborhood i believe the project you're talking about is a large project under the grandparent legislation through prop c those have an option to satisfy the offsite instead of building in the building to provide offsite unit those are for large developers this is for small developers and they provide funds this is critical for a number of reasons but one this conversation started years ago a number of people mentions there was talk of having a small developer acquire the building or identify and have the transaction certainly ruby can attest a enormous amount of work to certify everything 0 into the process and could be the purview of the smaller developer that creates funds for the small sites and this is the adrenalin where the funds get spent by the larger developers acquire the building. >> commissioner vice president richards. >> i think outside the box as smart idea and drives with the public policy and keeps people in their homes and the cheapest way i like the neighborhood option that is better than that the supervisorial district it is mostly a neighborhood this is a great way to get legislation done called like a surgical site not a package of 10 things that grind to a halt and can only take a couple of years this dislodges if the dial and hopefully comes to us soon a couple of questions for staff and maybe ms. hartley or ms. hayward are we seeing housing prices increasing around development to it is a cost effective way i think someone said on 2175 fulsome you're more cost cheap effective way i'm across the street you see that ♪ pipeline >> hi kate hartley mayor's office of housing i can't speak to specific linkages we know that prices have gone up across the board huge but i don't have the data. >> sure what makes something hit the pipeline radar when something gets listed how is the inventory. >> i give great credit to the nonprofit developers bringing the deals to us we work with them they have a steady flow of deals they bring forward and out in the neighborhood and talking with the tenants and building owners we have relationships with brokers question bring this up and we all get 50e78 lerlts about on the market it a great grassroots effort. >> does - do you ever knock on the door of a landlord and want to buy the building. >> i personally have not done that. >> (laughter). >> i'll defer to the nonprofit partners it is possibly they are driving the deals and do a great job. >> one case in the a building in my neighborhood that was two units two very large units staff housing and two master tenants one on the top and bottom been on the market for one point accomplice million dollars it is run down, etc. they sold it for 1.2 millions and bought the tenants out they turns around around and sold it over $2 million the amount of money that what about made for people is amazing i'd like to have those buildings those are the kind of buildings - >> i'll say we're seeing crazy transactions like that a lot and doing what we can to combat that kind of market activity we can't make a loan to every deal that come forward we have constraints and we also want to serve buildings that have existing loans in that we received a lot of proposals that we were not able to fund like that was an acquisition funds of $6 million we want to help people their representatives will not support the first mortgage that you need to leverage our funds so kind of complex i'm happy to report i think we're up in the pipeline to one and 32 units the volume is picking up and it looks good. >> the building i'm ref to was in a run down position you come in and fix it up what extent to liveability. >> we'll bring it back to current habit ability we do schematic upgrading we repair systems, we loan money for roof repairs so we definitely want to create good had been everything conditions. >> great piece of legislation i absolutely support that. >> commissioner melgar. >> so i'm also have glad that is before us i worked on this in 2008, it's been a really a long time in coming i have questions they're more procedural for rubbing in question harris i'm wondering how the value have a calculated. >> clacked. >> it is the same; right? as will normally apply to them under the inclusionary ordinance. >> iize when our qualifying the building now because there is low income but what if there are vacancies or vacancies become available if the neighborhoods requirement been aubrey abrakasa cable or not that's a great question we political the preferences for us to use the small sites program that includes the certificate of preference because those are existing we can't use the neighborhood preference for this one yeah. >> my last question so - like the judge the fraction of having inclusionary for rental has the obligation not just for the building but for the management; right? the ownership of those units that is by the owner so i'm wondering how we're thinking about those units like the obligation for maintaining them affordable you know rerenting them and all that stuff the like the nonprofit developers; right? is till mitigating that cost ongoing so you know if we are paying sort of. >> the developers to manage the portfolio. >> yeah. so the developers are paid in a couple of ways they receive like a developer fee for taking on the project and over time an incentive fee built in the operations for them but - and the other thing we do have a property management fee they receive some money to maintain themselves. >> so i'm so glad you guys got this done. >> thank you. >> okay commissioner hillis. >> i agree with all the comments that is great we've been talking about that that for a while good to see the projects done this is the most immediate impact of perceiving housing and keeping people in place in their homes two questions one are those being financed conventional or. >> this is a blended financing program they find a first mortgage from a commercial lenders or cd f i they're required to leverage that has they can and we come into as a gap lender we executor the costs. >> and are the first mortgages generally on pair with you know 65 percent of value or - >> oh, no generally, the reason for that we're going into buildings that have very low rents generally they're not able to leverage that much debt is i'll say in general there are thirty to 40 percent most value we're picking you up the rest. >> i get it and as far other small site funding sources this will supplement and what else continues in the future for small sites. >> this is part of it and then we have 25 percent of the expedited exonerated conversion and have allocated fund from prop a the bond that recently pass and other dollars that are in here so it number of resources have been put together to make that happen. >> thank you i mean, i move to approve with the recommendations made by staff. >> second. >> director rahaim. >> thanks i want to thank everyone for this this is one of the rare times people are on the same page and people someone you'll be hearing sophie hayward is stepping down from her position at the mayor's office of housing and community development we'll miss her she's been spending a lot of time and went to the mayor's office of housing the highest professional and ethical standards and we this planning department will really mess her work very much. >> (clapping.) >> commissioners there is a motion that has been seconded to adopt a recommendation of approval commissioner hillis commissioner johnson commissioner koppel commissioner melgar commissioner moore commissioner vice president richards commissioner president fong so moved, commissioners, that motion passes unanimously 7 to zero and. >> (clapping.) >> shall i call the next item. >> yeah. we're going to for the public take this item and probably take a break before 915. >> commissioners that places us on item 15 fees and open space in the east district planning code amendment. >> good afternoon, commissioners emery rogers it is very nice to be back before you i'm here to present the orientals sponsored by supervisor kim and her aid is here. >> good afternoon, commissioners april from supervisor kim's office the item before you is legislation that will allow the intercontinental hotel not special use district to pay a fee to contribute to a paperwork jeanette to this hotel the park to be able to increase recreation hours through the provision of light this is a challenge and not assessed by the local community and we originally put forth legislation in 2014 to be able to correct that situation by being able to enhance the open space in the district and what is before you is a specific proposal to have a fee out that will allow the rec and park department to deliver light to drapes park thank you for your time and consideration. >> thank you. >> emery rogers again planning department staff also want to direct your attention to sarah from the rec and park department director of policy and public affairs she'll not think presenting but if you have questions in brief, this ordinance has 3 changes authors the in lui payment in exchange for the pubically assessable open space we calls them probation officto canopy over those and dedicate money. >> so there is no is a parting interests this is for the intercontinental hotel it was approved back in june of 2002 a 5 hundred plus room hotel and at a point they were required to provide 12 thousand plus square feet of the space at that time, the requirement for the space was 8 thousand plus square feet the commission required through the conditions of approval 12 thousand space and the largest space the commission had concerns about the utility and the quality as you can see some pictures of the in your packet - i the president to direct your attention to this version of the ordinance will enable the board of supervisors approval and the ordinance be light late discretionary entitlement from the hotel didn't goes forward with the space will not be before the commission and the amount of fees is $2.5 million based on 200 and $90 per square feet for the 8 thousand 6 hundred square feet of open space like this commission the- not allowed for project sponsors to opt out for usually open space we maintenance this preference for hearings and also for retroactive in lui payment before you in this case it said the popo - we've had complaints and at the same time it will benefit from improved lighting and safety amenities so for those reasons the department recommends support of proposal and with two modifications we firmly believe that the small classification can be made to insure that by impact fees that are due to closing the terraces and creating an additional far should be paid by the sponsor the second recommendation is we recommend replacing the proposed finding that will in lui of the payment with more limited findings the intent we don't want to set a precedent other people think they can fee out of the popo we tried to craft limited findings state and federal first, that the commission original approval noted for the qualities of open space and number two the alternative feeble open space in the acquired within the fabricated of project and in this case the project sponsor the supervisor and the department looked for alternative spaces for the last two years when the original was introduced and were not able to sure a space and 3 improve the quality of the space more appropriate and lastly the approvals in lui payment provides greater - those are the staff recommendation for modifications and i'm available to answer any questions. >> okay opening up for public comment any cards jonas on this? okay great, thank you >> supervisors with the planning representing the intercontinental hotel appreciate the opportunity to comment we agree that the terraces are for the the best solution the commission felt when they originally reviewed that and the intercontinental hotel has spent a lot of time over the last four years actually looking for an alternative open space we think that would have been the best alternative we looked at a variety of open spaces we looked first give you a sense jonas the overhead. >> just to give you a sense we first it's okay. >> staff tv go the overhead. >> we looked a block south of the site that ultimately was not feasible because neighbors we are opposed that was in the center of the block not have eyes to the hotel and neighbors we are opposed and didn't have eyes on the street working with the yerba buena den district started working on jessie street right next to the westerfield mall ultimately westerfield mall didn't want to proceed and looked at it annie street and both of those were rejected neighbors railroad w are not interested we looked for four years at spaces we worked with rec and park and we looked at jean friend and ultimately rec and park thought that was not the best use we started to talk what the neighbors and one suggestion is from the neighbors it is a heavy used park with a softball field and communicated gardens people love it, it is heavy used not open at net because of lighting we thought having more lighting will make that useful i did a calculation based on the square footage of the open space on the hotel and the hours available versus the square footage that we will add of usable and time and essentially four times more useful open space we adding lighting at victor i'll be happy to answer any questions you may have. >> (calling names). >> good afternoon, commissioners i apologize mandi and glen had to leave lace bylaw of teacher conference week thank you for having us here today last tuesday that was a presentation by the planning about central soma in our neighborhood i was really happy to hearing during the conversation one the planners frankly, we've learned about popo a lot and what works and didn't work that is a popo that didn't work i really feel the concern about setting a precedent i don't like to think this is setting a precedent i feel like you you know, i you try something didn't work try something new so better way to use popo into the development and so. you know our executive director he didn't look like our traditional director and was walking on howard looking for popo and had a hard time finding if getting assess to the building here's someone po who a knew that was under and b knows his right and had a hard time findings that this is a space not usable by your communicated i'm here to speak about victoria and going to speak to the number of hours for kids for practicing in games we say advocated so for a batting cage it will go in january that expends the use of park for the young people and for the community residents if you drive by there you'll see people using this be available court that will be a bigger benefit to the community >> another huge issue in the community a safety that he area around the park is super large and cars get broken into and unsavory opportunities for people in the community as a soma resident and service provider i you work you guys to approve that and i was happy to here there was strong language innovate setting a precedent but the community needs this park thank you. >> good afternoon. i'm heather i work at united playaz and a soma resident that lives one half block from vic to park i agree setting a precedent on popo is a problem and not something we want to see there is wisdom in recognizing when something that no longer benefits the community so this plan to move forward and use those few minutes to lighting at the park la make a detests for the neighborhood for folks we often have conflicts between who uses the park in the early light hours and adults that want to use it during the same hours ones 72 hours dark no longer assessable so - reach growing changing soma of the park as well as just create some safety and activation i think the community benefit in this case outweighs what is happening now with the popo we'll urge you to consider it beyond the precedent that sort of moves in the background. >> thank you comment? >> not seeing any, public comment is closed. >> commissioner vice president richards. >> i think outside the box a good way to take speaking that is a sub park space with no programming and not used and actually put it to good use not to have the fee i don't support other ones i understand to find an alternative site did question what are the fees beyond the ratio for the 12 thousand square feet. >> emery rogers planning department staff so far not calculated but i believe the minimum fee amount. >> okay i was thinking i read the report the cost to acquire and construct will be roughly double and if the project sponsor was going to go forward and do the enclosure i'd like to get the money and you do our enclosure of this patio for the popo and we won't take a fee that was a thought i had there were 3 analyze the dollars and the second one 260 that brought us and a thought to the record commissioners. >> very supportive. >> any other comments. >> no. >> all right. >> i guess my monitor is out commissioner johnson. >> thank you really quick very supportive of 24 and more supportive of modifications to the findings to limit them i think that is incumbent to fund this and a nearby park to be improved with the fees in particular central soma we're not going to have that option of findings a nearby park by do a better job looking at those projects and making sure that the popos has really will work for the community and everyone there so lesson learned for us we need to get a sharper eye and not block over the popos in those projects move to approve with modifications. >> second. >> commissioners, if there's nothing further, we'll move on to a motion there is a motion that has been seconded to adopt a recommendation for approval with modifications commissioner hillis commissioner johnson commissioner koppel commissioner melgar commissioner moore and commissioner vice president richards and commissioner president fong so moved, commissioners, that motion passes unanimously 7 to zero. >> okay jonas the commission will go ahead and take a break here let the r ready. >> good afternoon welcome back to the planning commission regulars 2016, i'd like to remind the members of the audience that the commission does not tolerate disruptions of any kind. devices. and when speaking before the commission, if you care to, do state your name for the record. for those persons in the overflow room 416 commissioners, we left off regulars on item 16 market street the appeal of preliminary the commissioner is taking up the appeal of negative declaration through be a second appeal if you're going to speak on this item 16 the appeal of preliminary income negative declaration you must reserve our comments on the adequacy and accuracy of the documents it okay. >> staff. >> okay. >> good afternoon commissioner president fong and members of the commission i'm melinda department staff for the 950 to 974 market street project joining me is les can gibson acting environmental review officer and planner and tina preservation planner and others for the plans members of the project sponsor are presenter the item before you an appeal of negative declaration prepared for the proposed 950 to 974 market street project on a triangle block fount by turk to the north and market street to the south and taylor to the west the project is opt out by a surface parking lot and four two to four stories buildings that are vashth or occupant by retail use that is the demolition of the existing structures and construction of a new 12 story one and 20 foot tall approximately 4 hundred plus with ground floor retail use the building includes one and 42 dwelling units and a hotel and approximately 16 thousand plus request square feet of ground floor retail use and parking spaces and three hundred and is a bike parking spaces in an appeal it was timely filed in 2016 by bryan and rick from the k foundation their relate to the lesbian, gay, bisexual, and transgenders and queer or lgbtq social and cultural history as noted in the appeal pact the pmd looked at the impacts on historic resources and they relate to lgbtq cultural history and determined that the impacts will be less than significant the analysis in the pmd is sprortd empty the hr e prepared by on consultant and the evaluation response by the planning department they reference and incorporate information contained what on the lgbtq contact statement that was adopted by the historic preservation commission in november of 2015 picture the evaluation of the existing properties for the associate or cult significant in light of the lgbtq contact statement the analysis determined 3 of the properties market street as long as the old crowbar market street and 974 market street appeared gobble for listing in the california register of historic resources or california register individually under criterion one for the association of the early development of the lgbtq community nonprofit tenderloin as associated bars, however, all three of those property don't remain the sufficient dignity to convey their significance and therefore, are not eligible for listing in the california register the analysis determined the fourth property 966 plus is not eligible in the rental under the criterion contrary the four properties westbound evaluated for historic significance congressmen to the california register criteria 3, argumentation and four information poefshl and it was determined they are not significant under those criteria due to the vgsz that was of determined the existing buildings are not individually historic resources so while those properties are cited in the historic district committees or c hd c the department didn't believe those buildings are individually eligible historic resources based on survey of 25 lfbtd society buildings within a two block building of project site it appears to be eligible go on the california register as a historic district for the lgbtq context with regards tattoos appellants claim 39 p m didn't d if provide the boundaries of lgbtq historic district the hr or with the further evaluation this be lgbtq historic district will likely encompass all or part of the districts for the up down or town tenderloins neighborhood neighborhood from approximately, six to 7 street thus, the p m.d. accomplishes the lafbt historic sdriks district consistent with the finding made by the c h d.c. bajsz the historic context of the lgbtq associated bars in the above mentioned survey the lgbtq society businesses that were located in the 50 to 968 market street and others are amongst a member number of businesses from a similar period of time that contributor to the lgbtq historic district. >> while the department did identify the presence of a historic resource which is the eligible tenderloin lgbtq district the p m.d. determined the demolition of 3 contributor will not result in a significant project or cumulative impact given the lgbtq will have amuses resources and those property that are contributor to the historic district don't represent the only properties relate to the lgbtq history within the district therefore the tenderloin lgbtq historic district will continue to convey a significance without those properties others the demolition of those contributor will for the result in a material impairment of the lgbtq district per ceqa guidelines an environmental impact report is prepared if there are significant evidence this a project individually or cumulatively causes an adverse effect on the environment it fails to provide the evidence that indicates that the proposed project will have a significant impact on the historic resources netting the eir the p m.d. provides evidence that the proposed project will not have an impact an that the lgbtq 2406r the prepares of an eir is not required additionally the preparation of an eir will not necessitate the further evaluation of a lgbtq district the survey and evaluation were made tolerantly deemed in the h.r. and h.r. or for the lgbtq historic district in the tenderloin and to understand potential impacts of demolishing the 3 contributors while the project will not result in a significant impact to a lgbtq historic resource the project sponsor has added to implement an improvement measure for an interpretative program for the lgbtq bars in the building on the site and their association with the lgbtq history of the neighborhood and city as can do in the letter if shawn watson to planning commission the project manager has invited ms. watson to oversee the community engagement for the implementation of the measure and a group has within organized to have a program for the reasons above we recommend that negative declaration is asked. >> commissioner konstin the appellant will have a 10 minutes and the pardon has a 10 minute preparation i'll remind the person's standing if you can't find a seat we've provided overflow room 416 you may reenter the room whether it's time. >> project appellant 10 minutes. >> jonas i'll call angle commissioner vice president richards and for full disclosure on the appellants board and had no conversation around this appeal more participate in any convections or anything around it i talked i talked with the city attorney he's okay with me being impartial. >> hi, i'm bryan the director of q foundation on golden gate avenue and we primarily serve the members of the lgbtq and hiv positive community the majority of the people in the tenderloin i myself live in the tenderloin we're a tenderloins centered lgbtq organization and we filled the appeal to the p.m. d we feel there is inner sufficient analysis of the very important lgbtq resources on that type we are a coalition of elected officials and be lgbtq leaders who are pursuing national designation for the lgbtq historic district the site along 900 block of market street is substantially in that district and we are concerned about the implications of the loss of the holistic resources to our proposed historic district and feel that the analysis is insufficient give me that context and we're requesting a full eir to have the scholarship and have the thorough professional research to have clear answers about what would the loss of those resources mean to the com tons lgbtq district which is narrowly defined as the area around the site of the compton's riot we're taking some of our inspiration from the obama administrations recent designation of the 7.7 acres around the stonewall in as a national momentum monument and feel our history in the blocks surrounding compton is deserving of equal recognition and importance from the area around the stonewall the riot happened in 69 and the context around the stonewall not happening at the stonewall like compton around the area of compton so that is some of the motivations for our appeal we think that there's new information that just came out the first ever national lgbt theme in the office of citizens complaints administration out on october 11th after the process was concurring so new information there i also know there is new information that everybody is excited about we need to explore that is tunnel that attend happened that connections the businesses we need time and we need thorough professional research to look at the history of those tunnels and to see how iuoe tuesday nights will contribute to the lgbtq historic district i'm one of the drafters of prop j the legacy business registry and worked to preserve the legacy businesses in san francisco i one of the things i learned while we were passing prop j is that the people of san francisco are really trying to preserve what makes san francisco unique and san francisco that is really before this commission today, the question of what is worst preserving the old way of looking preservation is changing focuses on outdated method methods for determining the integrity and all be the the message leads to white middle-income so a good example the homes are very often preserved but even though housing freed and slave people they built are considered no value and torn down fortunately, the office of citizens complaints administration are starting to recognize we have to look at integrity definitely and how we judge the value of the spaces that belong to the community one of the problems with the minority community is because we're minority means that people want to destroy our spaces so if you have a bar that is used by transgender women arrest latinos or african-americans developers and speculators and others will try to tear down what they consider blight the obama administrations releases the guidelines the national lfbltd theme story of lesbian, gay, bisexual, and transgenders queer history not a giant document in it that he mentioned dozens of times on the corners of turk and tailor are renamed a cafe west and also identifies a new way of determining integrity and i'm to read that to you highlights here. >> so it says that one, the challenges is that historic places have historically privileged well maintained building or architecture commonly associated with middle and upper class white that affords to live and socialize buildings with rich histories but important dedicated are rejected for landmarking and many aspects of the lgbtq history unfolded in the less privileged nauseated or slated for redevelopment in many cases the physical spaces are no longer under gone changes and important meetings are often held in restaurants or bars arrest storefronts that chance because of shifting economic reality re. >> seconded the loss of spirit shouldn't determine the significant if it is rooted in - rather than history i think that is important for us to at that moment yeah, we got those guidelines only a month ago so right now preservation is changing we need time to look at preservation and going there to lens the current omission we need an eir to fix them it didn't make sense 24 body are require an eir for market street only three hundred and 80 feet away and not require a eir for the other market street property this fails to mention the boundaries this is a huge difference how the assets are for the community with - with few assets lou gehrig's disease ross few probation officer assets to us could seriously undermine our historic district and like i said, it failed to acknowledge the guidelines from the federal government on dignity i just want to point out having worked in a lot of side are these on development i know how frustrating for developers and i truly wish the sponsors and the people negotiating on behalf of the community had thought to ask the lgbt organization to the table i know they'd be here that he moment and we're not against the project but we shouldn't be losing our lgbt history for the chance of the countries first transient district because that is bad timing so what this time or eir will do as far as the preservations we've hired and drafting the applications for the national registry important for the horrific district she'll have clear boundary within a month thank you. >> we'll opening up for public comment and reminding folks that is comments specifically to the appeal for the prirmentd negative declaration if you want to speak to the - >> the next item. >> thank you randy shaw director the housing clinic and it was highlighted agency a historical there is some important facts we're missing in the presentation i think people say save compton earlier this year there was - compton's has been a halfway house like a jail i tried to stop that none involved in the appeal was tried to help when the renewable came up a public notice one letter urging that tried to oppose the renewable of compton site as a criminal halfway house to require the bureau of prisons to open up it came from me that letter i don't know we want to say compton the only person that wrote the letter to the prison every 5 years was me the committee that is here trying to get joy to give half a million dollars. >> sir, i'm sorry are you the project sponsor. >> what. >> are you the project sponsor. >> no, he said the members of the public. >> i'm sorry we should have the project sponsor speak. >> maybe i'll finish no. >> i was just i was following. >> my apologies. >> that's okay. >> should be the project sponsors team giving the presentation. >> good afternoon, commissioners steve for mary california on behalf of the project sponsor brief to defer to the planning department staff on the negative declaration is the author and complete and analyze this issue accurately pr the bottom line here the appellant has foot provided evidence to

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Transcripts For SFGTV Planning Commission 111716 20161119

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to arrive shortly commissioners, that places you under your proposed for continuance item o1 townsend street conditional use authorization is proposed for january 19, 2017, and item 2 townsend street conditional use authorization is also proposed for continuance until january 19, 2015, and 3 abc for ca cases for determination of compliance conditional use authorization and allegation of square footage are proposed until december 8, 2016, and amendment process is proposed until december 1st, 2016, and item 5 simplification planning code amendment proposed until december december 1st, 2016, 2000 van ness is proposed until december 1st, 2016, and item 7 market street is proposed for continuance until december 1st item 8 the inventory informational presentation is proposed until december 1st, 2016, commissioners further under your calendar for the academy of art section h addendum item 23 - excuse me for case the academy of art ceqa ifthdz items 23 a, through g for cases adaptation of planning code text changes initiated by the planning department planning code amendments 2016 adaptation of text changes proposed and related to the academy of art university the academy of art plan code text amendments and 2209 van ness avenue conditional use authorization and next van ness avenue conditional use authorization and market octavia conditional use authorization at pine street conditional use authorization and sutter street cdcc on bush street conditional use authorization and at 1153 conditional use authorization respectfully are all proposed for continuance until february 2nd, 2017. >> director rahaim what you like to make comments before public comment. >> thank you, mr. president commissioners related to the request for continuance on the academy of art items that is coming from staff i want to tell you the basis for that zoning administrator scott sanchez and judicially settlement disconnections the city's perhaps was required by the judge so we've before asked by the judge to participate in those participation the judge assigned to the litigation that the inadequate filed against the academy of art he asked we continue those discussions with aau with the courts inspiration and not closer the substance for now he asked to continue consideration of this item to allow those discussions to continue over the next few weeks and an early december the district attorney's office and staff plan to brief you in closed session on the status of that relation and the discussions we may be in a position to provide you and the public important daily but were at this time not to disclose any information it's the basis for the continuance on this item. >> opening up for public comment on the items proposed for continuance. >> there is one speaker card paul weaver. >> good afternoon. my name is paul weber a north beach resident must be of telegraph hill dwellers and the coalition for san francisco neighborhoods here to comment on item 5 the article 7 reorganization we ask article 7 be continued indefinitely first, as of today there's no available official rewrite of the proposal yet there are numerous changes suggested by one mcd and probably 3 others none of which have appeared in any official rewrites of the article 7 with the thanksgiving weekend into flue and december 1st is enforceable for any new versions to be digested by you or the public in that period of time. >> secondly, as we've said repeatedly the outreach is ensufficient to inform mcds of what is being proposed and how they're coming priced of small businesses who owners have neither the time or human resources to understand the impact of the document and the possibility of urban intended consequences yet their disadvantaged because the staff should be performing the task that only a fortunate few mcd have been able to do with the changes that are proposed by at least three or four that 3 or 4 represent about 10 percent of the mcds in addition to three or four mcds suggesting changes a number of changes were suggested over the past year by commissioner tang's office and in the draft the point the bulk of those effected don't have the resources to do the research we firmly believe that should be a function of the staff thank you very much and i'll turn in any one and 50 word statement for the record. >> thank you, thank you mr. weber. >> sue hester i came out from another i agree with a what was said the rezoning of the experimental district in the middle of how wide season is disrespectful to small businesses and additionally you know that commuter has been down more than up in our computer for the planning department for about to go through some kind of overhaul during the holidays his request is a minimal request should be respected i'm trying to do number one and two to the academy of art continued until january 19th i don't think you intend to have this hearing before you have the bigger hearing on the academy of art and if you can deal with the rest of the calendar to the second i think this should be the second at urban forester or after that so pay attention to academy of art beginning and the end of the calendar and the date for continuances doesn't make sense really urge you to pay attention to article 7 revision and hearing in the middle of the holidays it is really not nice thank you >> good afternoon, commissioners my name is carlo a field representative for carpenters local 22 and i'm here speaking against the request for a continuance for the 950, 974. >> please a duran that item is not considered at this time you may speak to it when the item is called. >> the matter of continuance from the commissioners wish to take that up will be taken up at the time and any public comment on the items proposed for continuance seeing none, public comment is closed. commissioner moore >> move to continue items one through and 8 together with items 23 and 24 in the respected substance to the dates mentioned my understanding the aau will be continued until february 2nd and the dates are what they are i assume we can comment on to others. >> ms. hester referred to the first two items under the consent calendar related to the aau so for suggestion having them on the same date as the asia doesn't make sense. >> i would agree with that if we can amend the motion to recommend those two items will be included isn't larger aau discussion. >> february 2nd. >> second auto commissioner vice president richards. >> yes. is there a reason why we couldn't put the article 7 after the new year rather than before? >> i don't know exactly there have been to number of meetings we know about article and a lot of back and forth. >> it was actually scheduled to be on your calendar and moved for the academy of art being such a long hearing we tried to move things off of today, we heard from a member of the public. >> just to be clear article 7 is not rezoning in the commercial district for the article. >> commissioner moore. >> in support of what commissioner vice president richards just said the fact that certain items are continued at least separate isn't chamber didn't mean we don't work on them i worked on them over the weekend didn't make that easier this is disappointing i believe that adding additional stuff through the holidays kind of not what i want to do i'll move to the longer calendar is fine by me. >> i don't jonas that item we're not considering that. >> it was not on your agenda today, we received a packet for this matter for consideration today you have considered it previously under several informational presentations okay. >> you - did you make a motion. >> i made a motion. >> did you want to amend it. >> it's not on the agenda sew it is. >> i'd like to add to any motion to push out the decisions an article 7 beyond the holidays. >> to - >> february. >> february? february 2nd? >> second. >> very good commissioners there's a motion to continue items one and two to february 2nd, items abc 3, 4, 6, 7 and 8 as proposed item 5 for article 7 to february 2nd, 2016, as well as all matters listed in agenda item h for items 23, 23 a through g to february 2nd, 2017, on that motion. >> commissioner hillis commissioner koppel commissioner melgar commissioner moore commissioner vice president richards and commissioner president fong so moved, commissioners, that motion passes unanimously 6 to zero. >> commissioners, that places you under your consent calendar which we have no items on consent the consideration of draft minutes any public comment on draft minutes not seeing any, public comment is closed. >> and commissioner vice president richards. >> move to approve second. >> thank you, commissioner on that motion to adopt the minutes important november 3rd. >> commissioner hillis commissioner koppel commissioner melgar commissioner moore commissioner vice president richards and commissioner president fong so moved, commissioners, that motion passes unanimously 6 to zero and places us on item 10 commissioner questions or comments. >> commissioner vice president richards. >> briefing there was an article in the new york times how residents are coping with the household are making quite a few quite a bit of money only a tailor in a tailor park the interesting thing some of the trailers have test last in the carport while he successfully people are renting trailers, and, secondly, as a result of the election in mountain view and richmond and san mateo in lastly it is great that airbnb will help them endorse the rental law that is great news for everybody. >> commissioner melgar i had a request from a member of the public that i agree with that are which is there is a lot of complicated information to comes to the commission that the academy of art is an example and san francisco port commission and complicated and i'm wondering in part of the what we do with the transparent can be an indexing tool on the website rather than attached to when it comes to the commission like the projects having you know some kind of pages programs that allow you to easely search for things within documents so, anyway a comment an idea when we do discuss. >> just for clarity the individual documents or the the subject property matters i worked and i think both a member of the public might be interested in theville documents or the potrero hill or hope sf part of a large discussion we'll go to defy meetings to get the supportive documents and have to be judgment involved as is grouping of documents seems like a reasonable request. >> and you're referring to the electronic versions and uh-huh. >> commissioner vice president richards. >> that's a good point i do the copy papers i file the same subject in a file even if there is a link to the pathway that we heard that would be helpful to keep and paper trail. >> commissioners, if there's nothing further, we'll move on to departmental matters dourment. >> thank you jonas commissioners a couple of housekeeping items a memo in the pathway related to proposition 64 moving forward with the legalization of cannabis in california and talked about that in your packet for next week we'll receive a lengthy pathway a memo and supporting information for brisbane we - i did gives us a breakdown of the brisbane eir studied and 4 options that were studied as well as the parole that that the planning commission in brisbane approved moving forward going head that will be in your packet next week and perhaps take questions as you look at that thank you. >> item 12 receive of past event of the events board of appeals and the historic preservation commission. >> good afternoon aaron starr, manager, legislative affairs. at that weeks linguistic we concerned the proposed ordinance by supervisor wiener to the planning code if 2 to 5 years owned or leased by an educational institution the planning commission heard this september 8th and voted to recommend approve at the land use committee hearing to speakers in support of ordinance and nun in opposition supervisor peskin has questions about the time period from 2 to 5 years and how that was monitored and enforced questions were you answered we mr. powers the committee voting unanimously to recommend approval to the full board sorry next on the agenda was the zoning map and planning code amendments for the mission and 9 street support by supervisor kim and supervisor peskin this item was continued for we're on track one week because the japan was not also calendar on the date as required at the full board this week 1345 ocean avenue with the president wesson tenor church sponsored by supervisor yee and supervisor breed was passed its in the second reading and maiden lane the morris gift shop sponsored sponsored by supervisor peskin also passed its the second reading the board passed its an exception to the interim controls between king and fulsome this is sponsored by supervisor kim it has been in place for about 18 most and lastly this week the board of supervisors considered the committee to hear a environmental determination for van ness that will demolishing demolish a 31 thousand square feet building in order to construct a 5 to 6 story mixed use with one and 57 residential units with bmr unit and 25 percent and one thousand square feet of retail and 42 square feet of trade shops the appeal was based on claims the folks failed to should the impact from gentrification and under the eastern neighborhoods and impact but i cayuga quatro the appeal contends the eir is out-of-date and can't be relied on for subsequent projects a notable comment the pounts feel nothing is done for the quatro district the motion made and supervisor campos directed the department to have an analysis of gentrification and displacement and the impacts of growth under the eastern neighborhoods that accounts for all projects in the pipeline the impact is considered particularly for this project before you conduct an additional analysis by the board and one introduction of note this week the resolution concreting the department of human services for the cu for the ashen in pdr for 18 months or until the adoption of permanent resolution this is legalizing the cannabis in the state intended to address the conditioners that cannabis will displace the pdr in the city porter i'm available to answer any questions. >> thank you commissioners no report on was historic preservation or the board of appeals that places us in general public 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 reached in the meeting. each member of the public may address the commission up to three minutes. i do have one speaker card. >> thank you georgia swedish. >> good afternoon, commissioners in our water he bill this last month, a thing about the mixing of ground water with the water from hetch hetchy and good water that made me know about where the water goes i really believe as i've said previously the r e g should be worked in parallel overlaps in the issues for example, with the rear yards of natural areas their consumed to privacy fences that call off the yards more than the traditional fences but more importantly to the water company is water absorption into the ground turf is installed and a lot of patios and trees and the handbag at that time are lost rear yard are programmed they're not rear yard anymore their programmed and then the water is going into the sewer so that adds to the bill another issue the offer use of glass and the poor design quality is bad demonstration it creates light portion in the rear yard the main thing trying to particularly with the udg i know the staff is over worked i didn't go to a meeting but at another meeting they presented to the neighborhood group if you look at some of the topics this the udg it related to habitat and landscaping and also issues of design in the windows i think the parallels seems a good time to start beginning the process with the provision of udg we've been talking about for a long time thank you very much and this is more for the minutes thank you, commissioners. >> good afternoon, commissioners my name is fernando i'm a member of the eastern neighborhoods cac and was involved in a long time with the armenians rezoning we want to speak that 1515 van ness you heard in the board of supervisors report it raise a critical question about cumulative impacts we've discussed over and over with the cac i know you've discussed at various times the fact we continue to build within the eastern neighborhoods and we have in the been keeping up with the infrastructure that was to mitigate the impacts of development you have an analysis that was created you have your eir that called for mitigation measures we're far hidden that i think that appeal that was uphold for 1550 south van ness points to the critical need out grown the eastern neighborhoods eir and it is time for the city to reconsider how we are going to pay for the needed infrastructure and development that continues to happen thank you. >> is there any additional general public comment? >> good afternoon commissioner director rahaim peter with the calculator action network i wanted to follow up briefly on what fernando said i think that from a mission stand point and particularly out of the save the mission we've been working heavy with director rahaim and some of the issues of mitigation and also looking at some of the key components corridors i want to raise that question in regards to the ruling the other night we keep in the foreman of our minds we discuss what are the sensitive his/her are areas where cumulative impact come in and north mission street the latino cultural district and how impact cumulatively to look at how the areas are effected and what is the size of impact in those more sensitive areas flarn to other areas the situation is different so that's what i'd like to highlight in addition what ferdinand had to say thank you. >> good afternoon commissioners joel koppel isle i've not met you this guess a great day i've been here before you guys got on the board and concerned about the mission obviously that is why i come here and i'm most concerned that the 55 thousand - is it 40 thousand uber and lyft directives in the east bay to drive in our city and the commuter buses we've not anticipated in the neighborhoods i think that they come along with the more market-rate unit those are the folks using the services when we are looking at the cumulative impact on the environment and we're trying to really do the right thing for protecting the mission and not turning it into another displaced fillmore or now the bayview that lost it's african-american population it is the time to do the right thing and put the resources together to try to really be world-class in leading the struggle to preserve your immigrant community as time this is the biggest attack that ever happened he know we'll potentially be in danger of los federal funding and affordable housing resources are going to be at risk and i think we're the people that need to stand point and do something i'm trying to organize a bunch of independent developers to fill in the gap for the affordable housing funding that might be going away i think that you guys do the policy and you guys can really do some protective measures that will help to save the immigrant community when it is under attack i'm urging you to have the planning department staff do the cumulative impact of all the high ended development that has been part of this community suddenly and try to pace it out and try to talk about the increase of affordability in those communities in danger thank you. >> good afternoon, commissioners koreay smith speaking on behalf of myself i was there tuesday night was a bizarre meeting things we're going through as a country but in the 2020 meeting the anger and hatred is way two previous haven't and it was prevalent on tuesday the concerns are real and really, really real. i'm concerned about it we want to spend a lot of time planning and not solving the problem as the located officials i encourage to you be thoughtful in our goals and one thing i wanted to emphasize we're going to hoping work to pass a legislation that will encourage the development in parts of the city that have not seen development over the last thirty years or so i really, really you believe that will help the mission and sincerely hope that that the people in favor we join in our efforts to try to mitigate some of the negative impacts that have happened knowing we're all one city and care deeply about the city thank you >> okay is there any additional public comment? >> comment is closed. commissioner vice president richards. >> yes. wanted to reiterate to the department director if this is a change you how things are looked as a result of the tuesdays south van ness we hope to understand the impact thank you. >> commissioners, if there's nothing further, we'll move on to regular calendar for item 13 case medical services in sacramento neighborhood commercial district this is a planning code amendment. >> good afternoon, commissioners i'm monique mohan for the medical services in sacramento neighborhood commercial district also provide a brief overall and the commissioner if supervisor farrell's will be here to provide comments currently within the sacramento new medical services with prohibit at all equip professional businesses that can convert to the first story. >> and medical serve used is permitted as an accessory use this legislation would allow medical services on the ground floor and below and now require a conditional use authorization or cu authorization will be principally permitted on the medical floor it is a skate use that requires conditional use authorization and the department supports the goals of this orientals that provides a path for medical services not overly restrict and on the empowering by requiring a cu authorization recognizing the neighborhood that losing mcds that will be - further the property ordinance is a loophole in an ineffective land use controls that allows the conversion to a medical use and finally for the accessory medical uses allows scrutiny for the medical spraz that provides station therefore we ask the planning commission recommend approval for the recommendations to the effect i'm here for questions and i'm going to turn it over to my colleague. >> good afternoon commissioner president fong and members of the commission legislative aide to supervisor farrell and our office has been working with the sacramento street to addresses the concerns where the active services are been replaced by the medical service we're sensitive to the personal serves and operating as personal services and looking forward to the h mcds strike the right balance for the service uses we're getting early ferry building their relaxing restaurant involves controls we'll make sacramento street safer thanks for having us. >> and thank you to monica she's easy to work with this is her last day we enjoyed working with her. >> okay opening up for public comment not seeing any, public comment is closed. >> commissioner moore. >> a few weeks ago we had a case that speaks to this potentially being a good do i think there will be a need for local smaller offices the devil is in the details the question i have for the director is as a cu will be provided all the additional guidelines because the offer abundance of ground floor medical offices on the part of divisadero is very, very stifling and since sacramento is distinguished retail corridor and a service corridor i'd like to see this strike a balance i see the need yet in our back pocket have additional guidance for this and again medical offices can be commanding high rents which is a complication for smaller retailers especially the retailers that make up the profile of the sacramento are all individual local and i'll hate to see that balance tip with the lure of higher rents on especially on the ground floor occupation of those retails and commissioner, i building this legislation tries to make sure that happens by putting further limits on medical offices and minica correct me if i am wrong so it gives us a better filter to look at the services so we have a better mexico of services on the ground floor. >> i mean the way it was in sacramento it is pretended; right? so we firmly believe that a conditional use authorization because there are so many findings hard to make as part of cu necessary and desirable a case planner on that should be able to go to the corridor and look at a business mix and provided that information to the commissioners and often again, when you get cases that are cus this is - in talking with the mrntsd there is a lot of - each corridor will be different i'll have to defer to legislative sponsors if they're to create more spaces for medical services but i'll also say that epic your citywide division with working on updating the health care master plan and this is an issue i like the staff to look at more holistically in the city so while it may not be prohibited the particular piece of legislation the staff is considering this >> including the frequency and . >> correct i've talked with the staff about that. >> as long as we see that happen simultaneously i think we'll be better informed consulting with them in the cu context we need guidance when it comes to tell you cases i'm in support of this piece of legislation and move to approve paw second. >> commissioner vice president richards. >> one question for supervisor staff the vacancy rate is 11 percent mcds how does many compare to other mcds. >> i don't know how it compares to other mcds and okay. thank you. >> yeah. >> that takes a lot of staff work. >> so. >> great i get it. >> director rahaim and i'm sorry actually she beat me to it i want to thank minica we are sorry to lose her to the open transportation department so thank you . >> (clapping.) >> i'd like to thank for clarity to adopt a recommendation for approval with the modifications proposed? >> there are no modifications. >> okay. >> sorry thank you for that clarification commissioners on that motion to adapt approval commissioner hillis commissioner koppel commissioner melgar commissioner moore commissioner vice president richards and commissioner president fong so moved, commissioners, that motion passes unanimously 6 to zero and places us on item 13 for case the inclusionary housing small sites program. >> good afternoon, commissioners diego sanchez today i'll be talking about the affordable housing program, however, in my presentation we want to provide sheila with time to present and like to note that sophie hayward mayor's office of housing will be here to answer questions. >> good afternoon, commissioners while supervisor campos and mayor ed lee don't see eye to eye they agree our neighborhoods need more affordable housing that's why our offices work together on prevention for the avenue required a market-rate development more than the main development built the legislation the item before you is the residential unit of 25 unions or less to - to turn the units into permanently affordable housing it gives small developers a fourth option for meeting their affordable housing obligations as you may know the opens o options to build onsite or objective to an affordable housing fund the small sites program is in place for the last two years and has stabilized housing working with the mayor's office of housing the district line office has spotted one thousand units of affordable housing this legislation will allow more permanently affordable housing to come online we firmly believe that from the next generations of as follows will be able to live here to make sure the development benefits the neighborhood is constructed and in line of that we support the staff's recommendation to require that any fees collected for the small fund fees within the neighborhood where the project is located as opposed to so a mile radius the shareholders want the affordable housing to come online near the development for a mix of income levels are in the same neighborhood and the small developers want to point to the developments when they're trying to built support within the neighborhoods for their projects that amendment allows us to address both those concerns we encourage you to recommend a second modifications to pay contingency between this legislation and prop b our city's inclusionary housing we suggest eligible principle are commodity of 24 rather than 25 units or less in prop c the city requires a different affordability between 10 and 24 units and a higher percentage for 25 and more units i want to thank the mayor's office of housing, the planning department staff, the council on community housing organizations the residential building inspection association and others for their work and input thank you. i'm around for questions as well. >> the department is in support of this to help the city to acquire small rental buildings this helps with the hovrtd and provides a large stalth for tenants and the department is proposing a modification to the geographic small sites proposing a definition for the department and that concludes my presentation. i'm available to answer any questions thank you. >> okay opening up for public comment thank you. (calling names) >> good afternoon, commissioners thank you very much for your time nominees and a till letter the organizational director for the land trust and the biggest beneficiary of the program in san francisco the one and 75 san franciscans living in our two units this great effort that the mayor's office of housing and this body to make that program live and be effective we absolutely support the amendment as drafted including the additional amendment that was spoken about today it is especially important in the current compliment to keep the impacts localized as much as possible we support the time of the dollars to the locality and it allows us to mitigate the impacts to the neighborhood where their experienced we also support the neighborhood definition how most of us every day san franciscans think about our community and the areas where we live some of the technical existence make that chronological open challenging i think comes from the tenants in the various neighborhoods to explain why their outside of the neighborhoods it challenging we really, really also love the idea of tying this legislation to the smaller developments happening as most know the majority renters live in the 20 to 25 unit building they have a tremendous impact for the land use to help we support this and appreciate the staffs time and the mayor's office and the supervisors office to make that happen i'll be happy to answer any questions you may have. >> >> next speaker, please. >> come on up i'll call some names (calling names). >> good afternoon. my name is carlene with mission confirmation development agency as you may know meta has been active in the neighborhood with the small sites program by the end of this year 50 units equivalent to 2 apartment building and those are all small sites this is an important program we're seeing 0 more important to reduce the displacement of developments i'm going to share a letter from one of the attendants thirty who hopes to buy a building hello, i'm writing to express the displacements poernlt on fulsome also known as which is one and 19 apartments i've lived open fulsome street since 1989 across the street from the lecturer building property our building has 8 units the majority with occupied by retired people living on low income and social security pensions i live with my adult son who was born here and went to caesar chavez and delores middle school. >> part time of teacher and work on treat street i've worked there since 1991 here's the punch line after the first open house my landlady said she's putting my building on the market and the building across the street will help her get more money out of my displacement not only for me and my son i reached out to meta we've worked on acquiring the building i don't need to read the rest of her letter this program is expanding allowing the inclusionary housing fee for the 43 will insure that our neighborhood will have another resources for being able to save our family from being displaced think about the amendments that will keep us in the neighborhood and two the ability to add this to 10 to 25 unit range and want to encourage you as we round about that to been deeply the inclusionary housing so it goes deeper than the 12 percent and the equivalentcy of the in lui fees thank you for your time. >> good afternoon i'm fernando's speaking in support of the section 415 thank you supervisor campos office and thanks to the staff of the mayor's office of housing and community development for working on this and 3406d relating small the uncontroversial piece of improvements to section 415 in 2009, 2008 worked with the mayor's office of housing to deputy a small site program in 2009 supervisor daily port this as part of inclusionary housing policy since then 2014 the mayor's office rolled out the program and dozens of families have been saved from ellis act and what this piece of legislation will do this amendment is create a geographic proximate to how those fees can be used to preserve housing in the immediate proximity in the neighborhood the market-rate is happening we believe that using the planning department definition of neighborhoods and the map is appropriate way of defining neighborhoods and we think this is very important to link those impacts within that neighborhood we would last week to recommend one amendment as mentioned before - by supervisor campos office to require this apply to the 10 to 24 unit building that aligns with our current prop c definition for inclusionary housing requirements and thank you very much and hope you support those amendments. >> hello, again corey smith speaking on behalf of the action coalition and speaking in support today a sensible new tool for a housing shortage that will help displacement and we firmly believe that the preservation of roiveng housing is critical for the city that's the cheapest way and the members are behind it when you get two issues back to back in support of something we have a land use policy and it is good thank you. >> engage commissioners my name is marilyn i want to say i'm excited to be here for the first time look forward to seeing the commissioners i'm here in support of amendment on 415 for the small sites you've hereto or heard will the need to keep people in their home and the displacement that is one of the solutions to mitigate the issues with lack of housing units and acquiring the small sites i had a dream when i was a young girl so hoping to acquire the building i'm in not an attorney but this is a dream come true keeping it in the neighborhood and having opportunity to have those land and meta buy the property will be amazing so we support this amendment and also to echo what a lot of the folks said before they keeping the inclusionary housing is imprinting consistent with prop c thank you. >> good afternoon, commissioners denver richard san francisco housing development corporation i'm here to speak in support of ordinance 415 san francisco housing development corporation that was born and started by preliminarily professionals in the african-american community at the time 25 years ago in order to spin the tide of african-americans leaving the city unfortunately, we've seen the trend continue, however, continue to work hard to address that issue and we see this ordinance as a tool for us to provide an opportunity for community members many of which are public employees, teachers and this is invested in the members that volunteer and provide support and services to the neighborhood so it is a tool to keep them in the neighborhood so we also would like to support the suggested amendment to make the number of unit consistent are prop c we think that make sense as well we believe this is just another tool also for developers to be able to meet their obligations for providing affordable housing we urge you to support this legislation thank you. >> good afternoon, commissioners shawn a b.a. at some point i'm a little bit embraced to talk about that i've been talking about it for some long at some point it gets frustrating i'm excited we're finally here this process started over two years ago a working group that was conveyed by the mayor we worked with groups to put this program together the policy was rolled up into a larger more controversial piece of legislation and it got delayed it got stuck sat for over a year a long, long time recently, there was a project in the mission and in our conversation with those folks we say hey what about this can help the director of the organization the members from the community and supervisor campos offices a mayor's office of housing and community development all got together and said let's get this done we got the coordination of the mayor and here it is as a stand alone presentation we're excited as small bubldz we have two option do you in lui we write the check we see is units are not in the community and not occupied by the members of the community and staff may not be occupied by people that live in san francisco and the timing is not lining up with the new projects in fact, that rarely liens up the second option to provide the unit onsite it is better but not guaranteeing that the occupant will live ♪ san francisco or come from the community so the work done recently that may improve but hefg no guarantee so this for us provides a tangible benefit to the neighbors our projects will help with the crisis and it is important to note that when you're looking at this it is important to recognize and to compare the overlay what else is going on in san francisco where are the real problem the tmc and the ellis act a two for one benefit the same building and people that are subsidy to that sort displacement is going to benefit here so in short we're going to produce more units they will be for the people in the community, the unit will be in the community we'll preserve the existence fabric of the community and do that online at or about the same as the market-rate thank you >> commissioners good afternoon john residential builders i'd like to exchange supervisor campos and the mayor for bringing 24 forward this good piece of legislation 2, 3, 4 0er7b8gd out of the marries task force and we work hard on that with and fernando and tracey from the land trust got tied up in a piece of legislation and came to the commission but sat here as a result of that we're working on a smaller project in the mission in august and to direct the meeting with the neighborhoods folks and the project sponsor and we discussed this item and tried to move it forward to the commission because it burglary be a great tool for neighborhoods stabilization to protect the neighborhoods so we work two supervisor campos to move forward so i do support the prop c change that is from originally written before prop c and 24 units or less support that and ask you to move forward today, i think that a very good way of preserving housing in the neighborhood and the neighborhood stabilization thank you. >> okay is there any additional public comment on this item. >> briefly just to add peter coalition action network i think that i want to reiterate. >> couple of points key to a lot of mission groups we like to see the inclusionary fees what are the rates we're looking at higher inclusionary and other scenarios associated with that program and, of course, weighing in certain context with a volunteer program one option; right? as to go forward and drastically prefer the neighborhood option as that's what we're seeing theory different between neighborhood and realistically i think the needs public school diversity between different neighborhoods and finally if i can actually echo corey smith's radius kind of beyond a reasonable doubt of stabilization of those neighborhood is a key element we encourage the community groups that - who are working with the city to actually acquire the property think about those as stabilization tools and we'll decide that is a really, really useful tool especially he keeping the working-class folks here thank you. >> okay is there any additional public comment? >> not seeing any, public comment is closed. >> commissioner moore. >> with the dark clouds of last tuesday hanging over us i label this to be a beacon of a bright light this is fantastic couldn't be happier better than it should be a great thing for thanksgiving first step by which i think we as city, state, can show the rest of how to do it we're a city, state, having said that, thank you to everybody i be can't i see all the faces thank you to everybody this is fantastic i heard about this particular project in the various forms i know that was happening there was other first result but port commission fantastic given the speed and the program that exists in the past that taken hold to produce 76 units i think i heard i'm more than excited to see in the writing the mention of neighborhood the neighborhood becoming the building block the neighborhood as the real dna and ingredient most important ingredients and look forward to seeing other things to stem what is currently a part of larger trespassed and grateful toe mr. chung to make that recommendation consistent with prop c so incredible teamwork and thank you and congratulations to all. >> okay commissioner johnson. >> thank you. i'll keep it brief i'm excited to see this this is going to be a long hearing for the record i share the board of san francisco development corporation which is a nonprofit housing developer that is sticking to take advantage of the existing form and be able to have more projects in the future so really excited to see this today that is long overdue and hope we'll see many projects in the future i have a question for staff on this so assuming this sort of fails and even is happy and the project comes to us a small project their taking advantage of the small site promising program will they can identifying potential programs tooet at the time will we see a - will we know what option for the affordable housing requirement and diego sanchez. >> my understanding they'll be checking the box at the minimum is what's going to happen i don't know if we have gone forward with skooefd maybe wants to comment as well. >> hi there sophie hayward from the mayor's office of economic workforce development i'll add through this option developers a developer is paying their fees onto the small site funds and two years to extend it within the neighborhood if we don't finds a property it goes into the small site funds there is a time limit by not necessarily a property identified. >> okay second yes thank you sophie. >> commissioner vice president richards asked this an inventory of potential small sites across the country across the city is the city planning on coordinating with the developers like identifying the properties or are the funds going into the small sites fund that any nonprofit housing developer corporation that want to take advantage is that about increasing the resources in the small sites funds are are we creating a path for the manifesting to be identifying sites to acquire. >> we're improving the options for small developers to improve to provide a tangible benefit to the neighborhood we keep a list our staff ms. harris is here she keeps a less of the buildings eligible to be acquired through the small sites program as they come available so as the developer choose the small sites option we'll play a role if selecting a site from the pipeline that meets the criteria of the neighborhood boundary but the developer didn't need to identify the property and binge it to use it needs to be within the geographic area. >> we had a project on van ness they identified a rental building sort of nearby that was sort of their way of meeting their affordable housing requirement so with that, project be considered them meeting that requirement it is a small site program even though their coming with a specific project specific building or not. >> that's a similar program but different program so this is small developers as the small developer has the option to provide money for the small site funds to be spent in the neighborhood i believe the project you're talking about is a large project under the grandparent legislation through prop c those have an option to satisfy the offsite instead of building in the building to provide offsite unit those are for large developers this is for small developers and they provide funds this is critical for a number of reasons but one this conversation started years ago a number of people mentions there was talk of having a small developer acquire the building or identify and have the transaction certainly ruby can attest a enormous amount of work to certify everything 0 into the process and could be the purview of the smaller developer that creates funds for the small sites and this is the adrenalin where the funds get spent by the larger developers acquire the building. >> commissioner vice president richards. >> i think outside the box as smart idea and drives with the public policy and keeps people in their homes and the cheapest way i like the neighborhood option that is better than that the supervisorial district it is mostly a neighborhood this is a great way to get legislation done called like a surgical site not a package of 10 things that grind to a halt and can only take a couple of years this dislodges if the dial and hopefully comes to us soon a couple of questions for staff and maybe ms. hartley or ms. hayward are we seeing housing prices increasing around development to it is a cost effective way i think someone said on 2175 fulsome you're more cost cheap effective way i'm across the street you see that ♪ pipeline >> hi kate hartley mayor's office of housing i can't speak to specific linkages we know that prices have gone up across the board huge but i don't have the data. >> sure what makes something hit the pipeline radar when something gets listed how is the inventory. >> i give great credit to the nonprofit developers bringing the deals to us we work with them they have a steady flow of deals they bring forward and out in the neighborhood and talking with the tenants and building owners we have relationships with brokers question bring this up and we all get 50e78 lerlts about on the market it a great grassroots effort. >> does - do you ever knock on the door of a landlord and want to buy the building. >> i personally have not done that. >> (laughter). >> i'll defer to the nonprofit partners it is possibly they are driving the deals and do a great job. >> one case in the a building in my neighborhood that was two units two very large units staff housing and two master tenants one on the top and bottom been on the market for one point accomplice million dollars it is run down, etc. they sold it for 1.2 millions and bought the tenants out they turns around around and sold it over $2 million the amount of money that what about made for people is amazing i'd like to have those buildings those are the kind of buildings - >> i'll say we're seeing crazy transactions like that a lot and doing what we can to combat that kind of market activity we can't make a loan to every deal that come forward we have constraints and we also want to serve buildings that have existing loans in that we received a lot of proposals that we were not able to fund like that was an acquisition funds of $6 million we want to help people their representatives will not support the first mortgage that you need to leverage our funds so kind of complex i'm happy to report i think we're up in the pipeline to one and 32 units the volume is picking up and it looks good. >> the building i'm ref to was in a run down position you come in and fix it up what extent to liveability. >> we'll bring it back to current habit ability we do schematic upgrading we repair systems, we loan money for roof repairs so we definitely want to create good had been everything conditions. >> great piece of legislation i absolutely support that. >> commissioner melgar. >> so i'm also have glad that is before us i worked on this in 2008, it's been a really a long time in coming i have questions they're more procedural for rubbing in question harris i'm wondering how the value have a calculated. >> clacked. >> it is the same; right? as will normally apply to them under the inclusionary ordinance. >> iize when our qualifying the building now because there is low income but what if there are vacancies or vacancies become available if the neighborhoods requirement been aubrey abrakasa cable or not that's a great question we political the preferences for us to use the small sites program that includes the certificate of preference because those are existing we can't use the neighborhood preference for this one yeah. >> my last question so - like the judge the fraction of having inclusionary for rental has the obligation not just for the building but for the management; right? the ownership of those units that is by the owner so i'm wondering how we're thinking about those units like the obligation for maintaining them affordable you know rerenting them and all that stuff the like the nonprofit developers; right? is till mitigating that cost ongoing so you know if we are paying sort of. >> the developers to manage the portfolio. >> yeah. so the developers are paid in a couple of ways they receive like a developer fee for taking on the project and over time an incentive fee built in the operations for them but - and the other thing we do have a property management fee they receive some money to maintain themselves. >> so i'm so glad you guys got this done. >> thank you. >> okay commissioner hillis. >> i agree with all the comments that is great we've been talking about that that for a while good to see the projects done this is the most immediate impact of perceiving housing and keeping people in place in their homes two questions one are those being financed conventional or. >> this is a blended financing program they find a first mortgage from a commercial lenders or cd f i they're required to leverage that has they can and we come into as a gap lender we executor the costs. >> and are the first mortgages generally on pair with you know 65 percent of value or - >> oh, no generally, the reason for that we're going into buildings that have very low rents generally they're not able to leverage that much debt is i'll say in general there are thirty to 40 percent most value we're picking you up the rest. >> i get it and as far other small site funding sources this will supplement and what else continues in the future for small sites. >> this is part of it and then we have 25 percent of the expedited exonerated conversion and have allocated fund from prop a the bond that recently pass and other dollars that are in here so it number of resources have been put together to make that happen. >> thank you i mean, i move to approve with the recommendations made by staff. >> second. >> director rahaim. >> thanks i want to thank everyone for this this is one of the rare times people are on the same page and people someone you'll be hearing sophie hayward is stepping down from her position at the mayor's office of housing and community development we'll miss her she's been spending a lot of time and went to the mayor's office of housing the highest professional and ethical standards and we this planning department will really mess her work very much. >> (clapping.) >> commissioners there is a motion that has been seconded to adopt a recommendation of approval commissioner hillis commissioner johnson commissioner koppel commissioner melgar commissioner moore commissioner vice president richards commissioner president fong so moved, commissioners, that motion passes unanimously 7 to zero and. >> (clapping.) >> shall i call the next item. >> yeah. we're going to for the public take this item and probably take a break before 915. >> commissioners that places us on item 15 fees and open space in the east district planning code amendment. >> good afternoon, commissioners emery rogers it is very nice to be back before you i'm here to present the orientals sponsored by supervisor kim and her aid is here. >> good afternoon, commissioners april from supervisor kim's office the item before you is legislation that will allow the intercontinental hotel not special use district to pay a fee to contribute to a paperwork jeanette to this hotel the park to be able to increase recreation hours through the provision of light this is a challenge and not assessed by the local community and we originally put forth legislation in 2014 to be able to correct that situation by being able to enhance the open space in the district and what is before you is a specific proposal to have a fee out that will allow the rec and park department to deliver light to drapes park thank you for your time and consideration. >> thank you. >> emery rogers again planning department staff also want to direct your attention to sarah from the rec and park department director of policy and public affairs she'll not think presenting but if you have questions in brief, this ordinance has 3 changes authors the in lui payment in exchange for the pubically assessable open space we calls them probation officto canopy over those and dedicate money. >> so there is no is a parting interests this is for the intercontinental hotel it was approved back in june of 2002 a 5 hundred plus room hotel and at a point they were required to provide 12 thousand plus square feet of the space at that time, the requirement for the space was 8 thousand plus square feet the commission required through the conditions of approval 12 thousand space and the largest space the commission had concerns about the utility and the quality as you can see some pictures of the in your packet - i the president to direct your attention to this version of the ordinance will enable the board of supervisors approval and the ordinance be light late discretionary entitlement from the hotel didn't goes forward with the space will not be before the commission and the amount of fees is $2.5 million based on 200 and $90 per square feet for the 8 thousand 6 hundred square feet of open space like this commission the- not allowed for project sponsors to opt out for usually open space we maintenance this preference for hearings and also for retroactive in lui payment before you in this case it said the popo - we've had complaints and at the same time it will benefit from improved lighting and safety amenities so for those reasons the department recommends support of proposal and with two modifications we firmly believe that the small classification can be made to insure that by impact fees that are due to closing the terraces and creating an additional far should be paid by the sponsor the second recommendation is we recommend replacing the proposed finding that will in lui of the payment with more limited findings the intent we don't want to set a precedent other people think they can fee out of the popo we tried to craft limited findings state and federal first, that the commission original approval noted for the qualities of open space and number two the alternative feeble open space in the acquired within the fabricated of project and in this case the project sponsor the supervisor and the department looked for alternative spaces for the last two years when the original was introduced and were not able to sure a space and 3 improve the quality of the space more appropriate and lastly the approvals in lui payment provides greater - those are the staff recommendation for modifications and i'm available to answer any questions. >> okay opening up for public comment any cards jonas on this? okay great, thank you >> supervisors with the planning representing the intercontinental hotel appreciate the opportunity to comment we agree that the terraces are for the the best solution the commission felt when they originally reviewed that and the intercontinental hotel has spent a lot of time over the last four years actually looking for an alternative open space we think that would have been the best alternative we looked at a variety of open spaces we looked first give you a sense jonas the overhead. >> just to give you a sense we first it's okay. >> staff tv go the overhead. >> we looked a block south of the site that ultimately was not feasible because neighbors we are opposed that was in the center of the block not have eyes to the hotel and neighbors we are opposed and didn't have eyes on the street working with the yerba buena den district started working on jessie street right next to the westerfield mall ultimately westerfield mall didn't want to proceed and looked at it annie street and both of those were rejected neighbors railroad w are not interested we looked for four years at spaces we worked with rec and park and we looked at jean friend and ultimately rec and park thought that was not the best use we started to talk what the neighbors and one suggestion is from the neighbors it is a heavy used park with a softball field and communicated gardens people love it, it is heavy used not open at net because of lighting we thought having more lighting will make that useful i did a calculation based on the square footage of the open space on the hotel and the hours available versus the square footage that we will add of usable and time and essentially four times more useful open space we adding lighting at victor i'll be happy to answer any questions you may have. >> (calling names). >> good afternoon, commissioners i apologize mandi and glen had to leave lace bylaw of teacher conference week thank you for having us here today last tuesday that was a presentation by the planning about central soma in our neighborhood i was really happy to hearing during the conversation one the planners frankly, we've learned about popo a lot and what works and didn't work that is a popo that didn't work i really feel the concern about setting a precedent i don't like to think this is setting a precedent i feel like you you know, i you try something didn't work try something new so better way to use popo into the development and so. you know our executive director he didn't look like our traditional director and was walking on howard looking for popo and had a hard time finding if getting assess to the building here's someone po who a knew that was under and b knows his right and had a hard time findings that this is a space not usable by your communicated i'm here to speak about victoria and going to speak to the number of hours for kids for practicing in games we say advocated so for a batting cage it will go in january that expends the use of park for the young people and for the community residents if you drive by there you'll see people using this be available court that will be a bigger benefit to the community >> another huge issue in the community a safety that he area around the park is super large and cars get broken into and unsavory opportunities for people in the community as a soma resident and service provider i you work you guys to approve that and i was happy to here there was strong language innovate setting a precedent but the community needs this park thank you. >> good afternoon. i'm heather i work at united playaz and a soma resident that lives one half block from vic to park i agree setting a precedent on popo is a problem and not something we want to see there is wisdom in recognizing when something that no longer benefits the community so this plan to move forward and use those few minutes to lighting at the park la make a detests for the neighborhood for folks we often have conflicts between who uses the park in the early light hours and adults that want to use it during the same hours ones 72 hours dark no longer assessable so - reach growing changing soma of the park as well as just create some safety and activation i think the community benefit in this case outweighs what is happening now with the popo we'll urge you to consider it beyond the precedent that sort of moves in the background. >> thank you comment? >> not seeing any, public comment is closed. >> commissioner vice president richards. >> i think outside the box a good way to take speaking that is a sub park space with no programming and not used and actually put it to good use not to have the fee i don't support other ones i understand to find an alternative site did question what are the fees beyond the ratio for the 12 thousand square feet. >> emery rogers planning department staff so far not calculated but i believe the minimum fee amount. >> okay i was thinking i read the report the cost to acquire and construct will be roughly double and if the project sponsor was going to go forward and do the enclosure i'd like to get the money and you do our enclosure of this patio for the popo and we won't take a fee that was a thought i had there were 3 analyze the dollars and the second one 260 that brought us and a thought to the record commissioners. >> very supportive. >> any other comments. >> no. >> all right. >> i guess my monitor is out commissioner johnson. >> thank you really quick very supportive of 24 and more supportive of modifications to the findings to limit them i think that is incumbent to fund this and a nearby park to be improved with the fees in particular central soma we're not going to have that option of findings a nearby park by do a better job looking at those projects and making sure that the popos has really will work for the community and everyone there so lesson learned for us we need to get a sharper eye and not block over the popos in those projects move to approve with modifications. >> second. >> commissioners, if there's nothing further, we'll move on to a motion there is a motion that has been seconded to adopt a recommendation for approval with modifications commissioner hillis commissioner johnson commissioner koppel commissioner melgar commissioner moore and commissioner vice president richards and commissioner president fong so moved, commissioners, that motion passes unanimously 7 to zero. >> okay jonas the commission will go ahead and take a break here let the r ready. >> good afternoon welcome back to the planning commission regulars 2016, i'd like to remind the members of the audience that the commission does not tolerate disruptions of any kind. devices. and when speaking before the commission, if you care to, do state your name for the record. for those persons in the overflow room 416 commissioners, we left off regulars on item 16 market street the appeal of preliminary the commissioner is taking up the appeal of negative declaration through be a second appeal if you're going to speak on this item 16 the appeal of preliminary income negative declaration you must reserve our comments on the adequacy and accuracy of the documents it okay. >> staff. >> okay. >> good afternoon commissioner president fong and members of the commission i'm melinda department staff for the 950 to 974 market street project joining me is les can gibson acting environmental review officer and planner and tina preservation planner and others for the plans members of the project sponsor are presenter the item before you an appeal of negative declaration prepared for the proposed 950 to 974 market street project on a triangle block fount by turk to the north and market street to the south and taylor to the west the project is opt out by a surface parking lot and four two to four stories buildings that are vashth or occupant by retail use that is the demolition of the existing structures and construction of a new 12 story one and 20 foot tall approximately 4 hundred plus with ground floor retail use the building includes one and 42 dwelling units and a hotel and approximately 16 thousand plus request square feet of ground floor retail use and parking spaces and three hundred and is a bike parking spaces in an appeal it was timely filed in 2016 by bryan and rick from the k foundation their relate to the lesbian, gay, bisexual, and transgenders and queer or lgbtq social and cultural history as noted in the appeal pact the pmd looked at the impacts on historic resources and they relate to lgbtq cultural history and determined that the impacts will be less than significant the analysis in the pmd is sprortd empty the hr e prepared by on consultant and the evaluation response by the planning department they reference and incorporate information contained what on the lgbtq contact statement that was adopted by the historic preservation commission in november of 2015 picture the evaluation of the existing properties for the associate or cult significant in light of the lgbtq contact statement the analysis determined 3 of the properties market street as long as the old crowbar market street and 974 market street appeared gobble for listing in the california register of historic resources or california register individually under criterion one for the association of the early development of the lgbtq community nonprofit tenderloin as associated bars, however, all three of those property don't remain the sufficient dignity to convey their significance and therefore, are not eligible for listing in the california register the analysis determined the fourth property 966 plus is not eligible in the rental under the criterion contrary the four properties westbound evaluated for historic significance congressmen to the california register criteria 3, argumentation and four information poefshl and it was determined they are not significant under those criteria due to the vgsz that was of determined the existing buildings are not individually historic resources so while those properties are cited in the historic district committees or c hd c the department didn't believe those buildings are individually eligible historic resources based on survey of 25 lfbtd society buildings within a two block building of project site it appears to be eligible go on the california register as a historic district for the lgbtq context with regards tattoos appellants claim 39 p m didn't d if provide the boundaries of lgbtq historic district the hr or with the further evaluation this be lgbtq historic district will likely encompass all or part of the districts for the up down or town tenderloins neighborhood neighborhood from approximately, six to 7 street thus, the p m.d. accomplishes the lafbt historic sdriks district consistent with the finding made by the c h d.c. bajsz the historic context of the lgbtq associated bars in the above mentioned survey the lgbtq society businesses that were located in the 50 to 968 market street and others are amongst a member number of businesses from a similar period of time that contributor to the lgbtq historic district. >> while the department did identify the presence of a historic resource which is the eligible tenderloin lgbtq district the p m.d. determined the demolition of 3 contributor will not result in a significant project or cumulative impact given the lgbtq will have amuses resources and those property that are contributor to the historic district don't represent the only properties relate to the lgbtq history within the district therefore the tenderloin lgbtq historic district will continue to convey a significance without those properties others the demolition of those contributor will for the result in a material impairment of the lgbtq district per ceqa guidelines an environmental impact report is prepared if there are significant evidence this a project individually or cumulatively causes an adverse effect on the environment it fails to provide the evidence that indicates that the proposed project will have a significant impact on the historic resources netting the eir the p m.d. provides evidence that the proposed project will not have an impact an that the lgbtq 2406r the prepares of an eir is not required additionally the preparation of an eir will not necessitate the further evaluation of a lgbtq district the survey and evaluation were made tolerantly deemed in the h.r. and h.r. or for the lgbtq historic district in the tenderloin and to understand potential impacts of demolishing the 3 contributors while the project will not result in a significant impact to a lgbtq historic resource the project sponsor has added to implement an improvement measure for an interpretative program for the lgbtq bars in the building on the site and their association with the lgbtq history of the neighborhood and city as can do in the letter if shawn watson to planning commission the project manager has invited ms. watson to oversee the community engagement for the implementation of the measure and a group has within organized to have a program for the reasons above we recommend that negative declaration is asked. >> commissioner konstin the appellant will have a 10 minutes and the pardon has a 10 minute preparation i'll remind the person's standing if you can't find a seat we've provided overflow room 416 you may reenter the room whether it's time. >> project appellant 10 minutes. >> jonas i'll call angle commissioner vice president richards and for full disclosure on the appellants board and had no conversation around this appeal more participate in any convections or anything around it i talked i talked with the city attorney he's okay with me being impartial. >> hi, i'm bryan the director of q foundation on golden gate avenue and we primarily serve the members of the lgbtq and hiv positive community the majority of the people in the tenderloin i myself live in the tenderloin we're a tenderloins centered lgbtq organization and we filled the appeal to the p.m. d we feel there is inner sufficient analysis of the very important lgbtq resources on that type we are a coalition of elected officials and be lgbtq leaders who are pursuing national designation for the lgbtq historic district the site along 900 block of market street is substantially in that district and we are concerned about the implications of the loss of the holistic resources to our proposed historic district and feel that the analysis is insufficient give me that context and we're requesting a full eir to have the scholarship and have the thorough professional research to have clear answers about what would the loss of those resources mean to the com tons lgbtq district which is narrowly defined as the area around the site of the compton's riot we're taking some of our inspiration from the obama administrations recent designation of the 7.7 acres around the stonewall in as a national momentum monument and feel our history in the blocks surrounding compton is deserving of equal recognition and importance from the area around the stonewall the riot happened in 69 and the context around the stonewall not happening at the stonewall like compton around the area of compton so that is some of the motivations for our appeal we think that there's new information that just came out the first ever national lgbt theme in the office of citizens complaints administration out on october 11th after the process was concurring so new information there i also know there is new information that everybody is excited about we need to explore that is tunnel that attend happened that connections the businesses we need time and we need thorough professional research to look at the history of those tunnels and to see how iuoe tuesday nights will contribute to the lgbtq historic district i'm one of the drafters of prop j the legacy business registry and worked to preserve the legacy businesses in san francisco i one of the things i learned while we were passing prop j is that the people of san francisco are really trying to preserve what makes san francisco unique and san francisco that is really before this commission today, the question of what is worst preserving the old way of looking preservation is changing focuses on outdated method methods for determining the integrity and all be the the message leads to white middle-income so a good example the homes are very often preserved but even though housing freed and slave people they built are considered no value and torn down fortunately, the office of citizens complaints administration are starting to recognize we have to look at integrity definitely and how we judge the value of the spaces that belong to the community one of the problems with the minority community is because we're minority means that people want to destroy our spaces so if you have a bar that is used by transgender women arrest latinos or african-americans developers and speculators and others will try to tear down what they consider blight the obama administrations releases the guidelines the national lfbltd theme story of lesbian, gay, bisexual, and transgenders queer history not a giant document in it that he mentioned dozens of times on the corners of turk and tailor are renamed a cafe west and also identifies a new way of determining integrity and i'm to read that to you highlights here. >> so it says that one, the challenges is that historic places have historically privileged well maintained building or architecture commonly associated with middle and upper class white that affords to live and socialize buildings with rich histories but important dedicated are rejected for landmarking and many aspects of the lgbtq history unfolded in the less privileged nauseated or slated for redevelopment in many cases the physical spaces are no longer under gone changes and important meetings are often held in restaurants or bars arrest storefronts that chance because of shifting economic reality re. >> seconded the loss of spirit shouldn't determine the significant if it is rooted in - rather than history i think that is important for us to at that moment yeah, we got those guidelines only a month ago so right now preservation is changing we need time to look at preservation and going there to lens the current omission we need an eir to fix them it didn't make sense 24 body are require an eir for market street only three hundred and 80 feet away and not require a eir for the other market street property this fails to mention the boundaries this is a huge difference how the assets are for the community with - with few assets lou gehrig's disease ross few probation officer assets to us could seriously undermine our historic district and like i said, it failed to acknowledge the guidelines from the federal government on dignity i just want to point out having worked in a lot of side are these on development i know how frustrating for developers and i truly wish the sponsors and the people negotiating on behalf of the community had thought to ask the lgbt organization to the table i know they'd be here that he moment and we're not against the project but we shouldn't be losing our lgbt history for the chance of the countries first transient district because that is bad timing so what this time or eir will do as far as the preservations we've hired and drafting the applications for the national registry important for the horrific district she'll have clear boundary within a month thank you. >> we'll opening up for public comment and reminding folks that is comments specifically to the appeal for the prirmentd negative declaration if you want to speak to the - >> the next item. >> thank you randy shaw director the housing clinic and it was highlighted agency a historical there is some important facts we're missing in the presentation i think people say save compton earlier this year there was - compton's has been a halfway house like a jail i tried to stop that none involved in the appeal was tried to help when the renewable came up a public notice one letter urging that tried to oppose the renewable of compton site as a criminal halfway house to require the bureau of prisons to open up it came from me that letter i don't know we want to say compton the only person that wrote the letter to the prison every 5 years was me the committee that is here trying to get joy to give half a million dollars. >> sir, i'm sorry are you the project sponsor. >> what. >> are you the project sponsor. >> no, he said the members of the public. >> i'm sorry we should have the project sponsor speak. >> maybe i'll finish no. >> i was just i was following. >> my apologies. >> that's okay. >> should be the project sponsors team giving the presentation. >> good afternoon, commissioners steve for mary california on behalf of the project sponsor brief to defer to the planning department staff on the negative declaration is the author and complete and analyze this issue accurately pr the bottom line here the appellant has foot provided evidence to

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