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tv   [untitled]    May 11, 2014 3:30am-4:01am PDT

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to describe the method doing on and on in the tiff it's not uncompanion to ask for additional drafts. the department is not asking a u u to complete additional work but to do the necessary work to support the analysis that concludes my presentation if you have any questions, i'll be happy to answer them >> thank you. let's open this up for public comment. >> sue hester you've within working on this for 13 years the
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academy should be graduated they've period of the moonwalk you start an eir and you don't finish it. you start studies and you don't finish them you keep requiring buildings the basic things the commission has talked about publicly at the hearings the few hearings you had relatively speaking is the plunder of the housing resources by the city by the aa u that is operating every housing project illegal i sent a letter asking on the commission to have a hearing on the 6 housing resources at the time 3 of you were on the commission 4 of you were not you've been since postponed it was to
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clooith alexander and at that time, i pleaded with the commission to set hearings i can't take action on an informational item i'm asking please set an action item for thetively of juan june for the purposes of setting and hearing in december if the eir is released in a timing manner within the quote/unquote deadline manner there's been so many deadlines it's ridiculous if they have a eir it will be harder on december 4th and simultaneously the commission shouldn't have the public e power and the public should have the power to look at the buildings to be sclaeltd they're out of compliance by the
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planning code i forward to you the letter i submitted in 2008. i also have the scope of work for the 2010 eir which was being supervised it was being done. we now have chelsea on it the academy of art has had at least 4 lawyers from a law firm. they've gone through 20 planning consultants the only ones that are being disregards it the public which has lost hundreds of units of housing. i want to tell you again, the amount of housing that is in dedicated to the academy of art students is monumental there's not one unit you have housing
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>> thank you. >> thank you. >> kevin san francisco information clooerg house i'd like to support sue hesters request are for the commission as opposed to schedule on action item on the subject. in the intervening decade and a half this issue has been before the department our department and you as a commission have amended the housing element of the general plan twice. and both of those amendments you articulate the primary objective and policy of the housing element of the general plan is the preservation and this is an
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affordable housing issue that is unclear to me how many hundreds of units have been illegal converted and i believe it's unclear to you. the housing element now stipulates that the preservation of housing that existing housing is a principle source of affordable housing. to allow it to be converted to in an illegal way is an agency vacation not only of the policy of the general plan but the responsibility of you as a commission and as a staff. and it you rivals only the departments inability to grasp the rise the rapid rise and removal from the permanent housing stock of thousands of unit through short term rentals the short term issue taken
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together we're talking about last but not least two years production of new construction. which this commission loves to give wet lips can i see to in order to somehow trickle down and deal with affordable housing short term rental and conversion and constant institutional conversion or conversions of existing housing stock is the affordable housing stock in the city do oyour duty >> dr. espanola jackson from hunters point in the conversation about affordability there's no such thing as
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affordable housing to the people probation officer who live here in san francisco thank you very much. >> good afternoon, commissioners i'm john. you have an be informational document in front of you which seeks to a progress report on the enforcement of codes pertaining to the academy of art. your predecessor commissions i haven't spoken before you before but two of you commissioners have been here before when i've spoken several years ago yet the endorsement - enforcement basis been in limbo the staff has
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brought a progress report and what did it have attachment 13 memos and 46 pages of detail of all you all the things that are wrong with the academy process over the past 10 years and they in effect don't what it's a process game would what it does the staff is putting before you the violations and the status is on a informational item i then take the money key on your backs regarding what happens to the academy of art and the status of what's happening the ball is in your court regarding what happens and if you accept the information item as an
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informational item and don't hold a hearing you've con donned the 13 memos and the 46 pages of violations that the academy art committed which the staff has failed to enforce and failed to advise you, you assume that responsibility i advise you to hold a hearing and hear public comment regarding many things had that are at issue the fact that the owner of the academy of art is a private individual also owned at one time all the buildings that were taken over and converted that's a picking
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up owner that was renting out to kids and to basically take and provide housing for the students but you stated that to in effect finance the payment of those housing units >> thank you is there any additional public comment seeing none, public comment is closed. commissioner antonini >> yeah. i have some questions and comments first of all, i know we've had an outline process before us which has been moving forward some moving some not moving and any hearing at this time will be premature we have a targeting date of november 1st for the eir and almost all of the properties have already filed cuss to my
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knowledge and that can't be moving forward but the cruz should be exceeded and harder and each individual property will have to be legalized or not legalized after the eir is finished i don't see where we should be doing anything at this point but talking to the staff and academy to make sure this process motives i have a question for chelsea now on the environmental document i understand atkins has been doing it and there's problems, in fact, i've been told it on the transportation impact study atkins has submitted it but it's deemed incomplete; is that
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correct. >> for this type of complex project we go through rounds of reviews this method doing was adapted for aa you this the unusual so there's a higher burden on the transportation study to have it prepared. so we have gone through more drafts than normal but for context projects like this it is the normal course of business not the long delays between jobs >> there are part of things atkins were doing not meeting our standards. >> sorry to interrupt. >> i understand the academy as asked a portion of this be handled by the consulting and
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i'm not sure staff has agreed but they've agreed to allow them to do that part and fold it into the entire eir. >> yes. we made a recommendation at one point to have someone peer the document that's normal for the document to have others look at your work cu was brought on board they worked open the first draft of the transportation study so after, you know, two drafts we did say this might help you but not state they had to do that that's not our policy. >> yeah. but there being a allowed to do that my information coming from counts institution their desirous of having them do that. >> that's correct. >> they can't completely
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replace atkins but keep the rest of the study. i understand the time they're asking for the specifics on what needs to be corrected and they're not going to receive that until may 20th i don't know if in itself accurate but they're waiting to hear about the study >> we developed a path forward no december this was put-down on hold we're reconvening to go over that but. >> there maybe some changes from the directions in december and there could be, you know, c h s has a new consultant. >> all right. my final question for you is it only the transportation impact study that is still deficient is the rest of the eir pretty much up to
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snuff or the draft can be presented in november. >> as i did say we've looked one draft and look at it two drafts and a screen check there is still work to be done. >> the most difficult issue is the transportation analysis that's not an abnormal thing. >> it's complicated i understand and what part of it they contribute it is a difficult question i expect when i meets on the 20th they'll also be outlining the parts the eir many had it are dish in addition to traffic so we have some things to go for the first of november. >> yeah. we're moving forward on all the sections of the eir and november 1st is the very reasonable date we can meet with
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everything all parties working hard together. >> that sounds reasonable i have a couple of questions for scott mr. sanchez some of the correctly items i'm trying to understand i understand 1930 van ness and also another site dealing with the card collection the problem is if it were for the public it would not be part of the teaching institution is that what it comes down to. >> the property was formerly the mercedes benz he dealership that was first used to store a large number of the cars and also had offices for the institution they subsequentially removed the offices but still have it for the storage of
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automobiles it's a change of use from the retail use and is a question of working with the academies to determine what they want to do do they want offices there's been discussions of a museum there's signs if you want to see the collection call a number and people do that. it's also used we understand a research library for the students and automobile design program and also the building and the 4 nine hundred van ness across washington it's used by students i understand the inspiration also on their website there's a path forward but to determine how exactly will they intend to use the facility >> great a couple of other things i understand most of the sign corrections have been
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completed and the life safety. >> many of the signs have been addressed and the permits many signs is a removed many of the life sales tax issues have been addressed that's my understanding hundreds of permits overall for the various properties including electrical so many permits have come in and we want to extend our thanks there were others over the years that identified life saving issues and make sure that the students know about that one property that doesn't have any improvement is the property we've issued a notice of violation and penalty this was formerly the gap with parking above it's my understanding no
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life safety permits were issues we can confirm that but that property is penalties will accrue on that property given it can't be legalized it's not subject to the stay or at least the deferral on penalties until i november 1st that will be appealable also to the board of appeals. >> why can't it be legalized and u. >> it will require a planning code amendment. >> entities previous use is too large. >> it's previous use there were several things parking garages above there was a cu authorization for the art isn't it true institute in the latest 90s and this was never period of
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in 2001 or 2 for the san francisco art institute i have one final question haiti street whether or not it's office or institutional use like the one on van ness it has to be determined as to what is happening there. >> that's correct the underlining will allow the institutional use given the zoning and it's our opinion this is a change in office to institution. >> okay. thank you. commissioner sugaya. >> yes, it's kind of a serious motivator some of us have been involved since 2008 or something like that i'm going to use a prop back in 2008, the academy bought and may still over e own
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portions felt flower mart and were going to kick everybody out and competitor that into a sculpture the san francisco heritage i think considered it to be a historic resource from the standpoint not so much of the architectural we fought off the academies take over they probably still own the property. >> yeah. they were i believe looking to buy it they were planning code changes at that time, there ever enacted by the board of supervisors and they ultimately didn't purchase that. >> so this is just an illusion at least one state organization
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recognized the planning commission or having taken this up as an issue and an award back in 2008. >> i have a couple of questions from environmental staff. >> i think i understand this is kind of strange to me i think you mentioned with respect to the environmental report the any impact evaluation of an impact will use the existing use as the baseline; is that correct because the academy of art has changed the uses illegal from an apartment building to constituting student housing so student housing is the base from which the eir takes off; is that
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correct? >> yes. unless the aa u has established and has records of the building force the transportation for cultural resources we've established the baseline of when to look at the impacts. >> and then in terms of reaching the november 1st deadline is that going to be the will the department both environmental and otherwise be preparing or have a schedule for the aa u to meet in terms of the transportation study, the incorporation of the strategy study into definitely and when those are due. >> yeah. we'll have a schedules lots of schedules in the past to
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meet the deadline but as we said it's a reasonable timeline. >> okay. and with respect to that date that will be the publication date of the differing. >> no, that's at&t's a saturday or sunday so the wednesday before that and if it's published the hearing for we would have a thirty day comment period. >> you'll have a 45 comment period and anywhere so somewhere in the beginning of december and that's the purpose of sooufts comment that we take action now to set a specific date for the hearing of the environmental report i think is what she is suggesting. >> i'll let her speak to that. >> but that date fits within
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the timeframe your endorsing on the a example u. >> of course but if the deadlines are not met that december 4th date wro would have to be pushed back. >> and this may not be probably shouldn't be directed to you but since it's environmentally related if they miss the deadlines what's the recourse. >> that's for mr. sanchez to answer. >> if they don't meet the deadline and that's the fault of the academy the penalty will occur for the it will be 21 properties on the nova p and the penalty will be on taylor as they have been for a property on townsend and we've exhausted the
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appeal there's upwards of $33,000. >> i'm in favor of the hearing sooner than later so we can consider the eir i think it puts the aa you on notice the commission would like to move forward and they should be looking at the november date as something it's quite serious because then we're going to have to i know i mean the other argument we don't know if it's going to happen therefore not to set dates but having a date certain may cause the aa u to meet some of their deadlines. commissioner moore >> i would support setting a date starting with june in
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preparation of the december date for the very same reasons this commission has many times with the director and various approaches from the city attorney tried to be firm about the actions or to force the academies hand i second and remember vividly the frustration that coyotes of hearings that are lasting beyond midnight in many, many days starting from 2007 and 2010 and again and again we felt more help also. if this is one lever where the academy has shown are participation not what we expected by the way, this is what everybody else is doing i'll ask the commission to schedule the meeting and use it to let the public know we're
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serious and i feel myself even further pushed by the comments by the others mr. jack that this starts to really strongly involve the conversation about affordable housing that's everywhere and we shouldn't be over looking >> councilmember ford. >> obviously we've been resulted in over the years and the only reason we're doing on eir is because this project sponsor didn't legally occupy the building but i feel like every time question set a bar they keep stalling and delaying and if they can't get take our consultants or lawyers on was
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same package it's not the city's faulty have a question on the property were they ever on notice they keep awe encouraging fees do they have to leave the property. >> it was noticed to the board of appeals and i'm assuming they will foil to the board of appeals and we'll exhaust it before refer to the city attorney's office. >> so they can be forced to legally vacate the building. >> yes. we've work with the city attorney's office to pursue. >> it's been frustrating in 2008, when the star hotel they've been illegal acquiring properties i mean the sooner we can set a date for the hearing
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i'm personally saying that i resulted in with the process on their end that's been created by themselves the fact they paint themselves victim so whatever we can do to set and hearing now to set a deadline, you know, god and move to approve some of the projects they don't seem to care about the action we're taking and completely laugh in our faces. >> commissioner hillis and so we're waiting what's pending and actually the eir will be before you for certification then the conditional use applications more than a dozen to legalize those that