tv Planning Commission SFGTV September 7, 2022 12:00am-5:01am PDT
>> okay. good afternoon and welcome back to the san francisco planning commission hybrid hearing thursday august 25, 22. i trust everyone enjoyed their recess. in person and remote hearings require everyone's attention and our patience. if you are joining us remotely, and are not speaking mute, broadcasts and streaming this live and we will receive public be comment for each item. comments during the public comment period are available by calling 415-655-0001 and
entering access id: 2483 396 5354. we will take public ment if those in city hall first and open up remote access line. speak clearly and slowly. if you killer to state your name. each speaker allowed up to 3 minutes you will hear a chime indicating your time is almost up. when your time is reached i will announce and take the next personnel for those call nothing to submit testimony when we reach the item you are interested in press star 3 to be added. when you hear your line is unmuted, begin speak. best practices call prosecute i quiet location. speak clearly and slowly and mute the volume on your television or computer. for those attends nothing city hall come forward and lineup on the screen side of the room. i ask upper silence mobile
devices that may sound off. and at this time i like to call roll. >> commissioner chair moore. >> here. >> commissioner diamond. >> here. >> commissioner imral. >> here >> commissioner cappel and commissioner ruiz. >> here >> first is consideration of items 1a and b for case 20 nan 000499prj. and drm avanzadaistry a dr are proposed to conditionance to september 8. 2 case 2022-003902 the neighborhood combheshl mingsed use district planned code to october 6. 22. item 3 case 26 senate-000302d valleto a dr proposed for
indefinite continuance. item 4 case 2021-009356, 2845 fillmore a dr with drawn. regular calendar item 15 case 206-0106227, third street a k u authorization is requesting to be conditioned to september 8 of 22. i have no other items proposed to be continued we should go to public comment. this is your opportunity to address the commission on the items proposed to be continued. if you are in the chambers come forward. if you are call nothing remote you need to press star 3. public comment on continuance calendar is closed. and it is now before you.
do i hear a motion? >> okay. i will speak. move to continue all items as proposed. >> seconded. >> thank you. commissioners on that motion to opinion comes commissioner ruiz. >> aye. >> commissioner diamond. >> air. >> commissioner imperial. >> aye >> commissioner koppel. >> chair moore >> that passes 5-0. and it will place us on your consent calendar all matters institute a consent are considered to be routine by planning commission. and may be acted upon by a single vote. no separate discussion unless a member, public or staff requests. in which event it will be considered at a separate item
>> item 5. case 2021-142nd street and 6. case 2022-000166c, 5200 diamond heights benefitted. a cu authorization. i did receive a request to remove item five from consent. we hear that at the end of today's agenda? >> yes. >> very good. americans that leaves us with item 6 on consent a member would like to request to have this removed from scene. come forward or if you are call nothing press star 3. move to approve item 6
>> thank you, commissioners on that motion to approve item 6 on scene commissioner ruiz. >> aye >> commissioner diamond. >> aye. >> commissioner imperial. >> aye. >> commissioner koppel. >> aye >> moore. >> that passed 5-zero. >> microphone. >> under commission matters item 7 adoption of draft minutes for july 21 and 8 eighth. this is your opportunity to address on the minutes. come forward or press star 3. no questions to speak from the public, public comment on minutes is closed and they are before you. commissioners. >> adopt the minutes. >> second. >> thank you. commissioners. on that motion to adopt the
minutes commissioner ruiz. >> aye. >> commissioner diamond. >> aye. >> commissioner imperial. >> aye >> commissioner koppel. >> aye >> chair moore. >> aye >> that motion passes. 5 to 0. on item 8. commission comments and questions. >> i like to welcome everybody back after a long break. myself not having been in city hall the left 2 years i'm delighted to see familiar faces and meeting my commissioners for the first time. that's a record. never happened before. i like to start with our land acknowledgment. planning xhiz ramaytush ohlone acknowledgement the planning commission acknowledges that we are on the unceded ancestral homeland of the ramaytush ohlone, who are the original inhabitants of the san francisco peninsula. as the indigenous stewards of this land and in accordance with their traditions, the ramaytush ohlone have never ceded, lost, nor forgotten their responsibilities as the caretakers of this place, as well as for all peoples who
reside in their traditional territory. as guests, we recognize that we benefit from living and working on their traditional homeland. we wish to pay our respects by acknowledging the ancestors, elders, and relatives of the ramaytush ohlone community and by affirming their sovereign rights as first peoples >> commissioner comments. i like to start by acknowledging the h pc dedicating a memorial plaque at the comstock cafeteria in the tenderloin a remarkable piece took many years to come through and well what we will hear later about a new piece of legislation for the neon district and the tenderloin. those are my comments.
is there anybody else? of i would like to before i forget i said that first. like to say a heart felt thank you to commissioner fung who will not be joining us on this commission any longer. his service has been remarkable, not only the experience he brought to the position having served on multiple commissions including this one for decades. and general spirit of being here and strong forward for us juniors, i include myself on that. have greatly added to this being a good commission and i want to thank himful i regretd he is not here we could shake hands in the traditional way we do. he will be missed. thank you, commissioner fung. >> i like to add comments first
with in terms of commissioner fung. i will miss him. and -- hope i got to say fareweland want to acknowledge in terms of the intern presentation that happened this week. i was not able to be to see the presentation. i wonder if the staff can sends the commissioners the recordings of the presentation so we can watch them later. thank you. >> commissioner koppel. >> i attended one day of the presentations and appreciated how the interns worked with the leaders and staff. and really used good examples with really good pictures. put if in a good context this made it enjoyable. >> i like to echo the appreciation for the summer
intern program a tremendous amount of work i observe today for years and secretary inon upon had us to see it would be good for us. >> i'm fair leave certain they will be posted our web page shortly. if you could alarm us. it will help. >> thank you. >> commissioner diamond. >> thank you. i wanted to add this i will miss commissioner fung and want to second the comments made about him so far. i appreciated his wise council, his deliberative manner and the experience he brought to our deliberations for multiple tours of duty. >> very good.
no additional requests it feek from commissioners we move on to item 9. case 2021-009777 remote hearings this is our month low reupping of the resolution in the event none of you can come in to conduct our business remote. >> take public comment on item 9. any member wishing to address the commission on this resolution, for remote hearings come forward or press star 3. no requests to speak. public comment is closed and item 9 is before you. >> secretary onin do keep acknowledge as a commission. we need a motion to adopt a resolution. >> looking for a motion to adopt the resolution. >> yes. commissioner -- move to adopt a resolution. >> seconded. >> thank you, on that motion to
adopt a resolution to allow remote hearings commissioner ruiz. >> aye. >> commissioner diamond. >> aye >> commissioner imperial. >> aye yoochl commissioner koppel. >> aye >> chair moore. >> aye >> that passed 5-0 under item 10 director's announcements. >> welcome back. to the program we'll get you the link to the presentations than i were great and thing tina tam and the staff for working with interns. she has built our program college intern and high school intern program. hufrng thanks to her. i want to echo the thanks and appreciation near commissioner fung. i had the pleasure of serving with him on this commission. on the board of appeals, prior to that in he will be hard to replace. brought a tremendous amount experience and decades of
service. his advice and decisionmaking was clear and direct and much appreciated. he will be missed. i wanted reiterate i sent you over when you were on break information on i am sure you read about it on the stair's one initial response to our housing element. so, they're gave us comments on draft housing element this . is part of the process. in some reports was the atd rejected it. they didn't. this was anticipated we would get significant comments from them. we have not submit today for approval or denial at this point. we gallon through another wound everrounds of this, too. with getting comments on the next draft. we are working to respond to their comments. in separately related, hcd would
undertake the housing policy can special practice review. upon driven by analysis they did that shows our approval process. you know along one not something that is news to us, either. but they want to look at why it takes the time it takes for you to remove approve housing projects not just the planning department or commission. that look at legislative processes how we. add upon minster ceqa. excuse me. we'll have don't have their scope yet of work. we are hope to get that instead next couple weeks and talk how this will work. we will schedule a time to come talk to you when we get that scope about that. as well as comments real received. hopeful low we are back with a
formal presentation in september to update you on this. that's all i have. thanks. >> i have a question. in terms of the hc the comments and you mentioned that hcd electric to impose entitlements. we'll hear it more in terms of we had all the discussions about entitlements approved but not being built. that is also part of the hc the comments? >> i mean i think they are looking at the -- city's entitlement process. you know >> through permitting and building permits issued. i don't believe they will look at why a project experience may not move forward witness hay get entitlements. it it is strict low the city's process. >> okay. they are looking beyond the planning entitlements to actual pulling and building permits.
>> okay. >> thank you. we can move on to item 11 review of past events at the board of supervisors, board of appeals and historic preservation. i don't believe there is a report from board of appeals due to recess the zoning administrator has a report from the board of appeals. >> yes. >> thank you, jonas. good afternoon. commissioners, corey, zoning administrator. i have longer than typical report from the board of appeals they met last night and announced depart tour of tina chang and you recall she used to be a plan in our department and her planning experience was missed on the board. her seat is in the filled. they will be down it 4. board considered 3 items of interest to planning.
the first board heard a rehearing request for appeal that was denied for 706 vermont this came before planning as a dr in february of this year and voted unanimously to not take dr. the dr, appeal and rehearing request focusod the intended use of a roof deck labeled as a green roof. and the board voted to deny rehear and request that planning department and commission be deliberate and how such features are described in the future to ensure everyone is on the same page how such decks may be used. board heard a building her mitt to construct a 1 story detaches ad u at the rear of the report 1526 masonic avenue. the original project to construct a standard new dwelling unit in the rear yard
and the commission and the zoning administrator heard it in various case in january of twenty 20. that hearing was continued with the commission providing feedback to the applicant to consider and analyze addition to the rear of the historic building instead. am that would have not triggered a variance. however, state law for ad u's was amended arch attached without a variance or neighborhoods notification or a dr process. the appeal argued the ad u permit plans included inaccurate information regarding the existing grade and believed the height of the proposed ad u exceed the max height of 16 feet. applicant provided a site survey to confirm the height will be 15 feet 11 inches from grade and comply with state law and the board agreed with the applicant and voted unanimously to deny the appeal. >> finally, the board heard an
appeal of zoning administrator determiningination regarding change for on site affordable at 1145 polk filed by 2 separate lottery winners. it was never before planning commission over the last few months raised the situation to the commission. the planning code and procedures will allow for change of tenure in this case it is going from rental to ownership this was unique the decision to tenure was made after a rental lottery was conduct this change required a written determine agsz from the zoning administrator neither the planning code or manual provided directions on the situation. earlier i issued a determination attempted billions the right was property owner. rights in the planning code and
procedure's manual the expectation lottery winners 4 of the 8 offered for sale at the lower 55% ami that is for rental instead of 90% for ownership. that was paled and heard in june. the board recognized the challenging [inaudible]. and stated a determination that provide miles an hour deference to the lottery writteners and instructed the pers to work on an outcome to bring back to the board. >> upon the owner and compromise that would also reviewd and supported by planning and mocd it was not supported by the second appellate. the compromise required all 8 units priced the lower 55% ami and unsold units could revert to the 90% level for ownership.
the board recognized the difference with rental and ownership tenants with affordable housing and the comp moiz to be the best outcome considering city law and voted unanimously to adopt the revised determination. that concludes this long are report i'm available for questions you may have. >> there are no questions the preservation commission did in the meet yesterday. however they did meet on august 17th i will give a brief report because it was unique. . they did adopt recommendations for approval for legacy business applications. that included the piedmont boutique on haight. out post on battery street. po plus on castro street.
st. john church on marina boulevard. and pop's bar on 24th street. but the more unique was they adopted recommendation to designate landmark designation to the board of supervisors the site of the cafete building on 101 taylor this was unique it wasave site opposed to a structure for cultural reasons. commissioners if there are no commencements or questions we can move on -- to general public comment at this time members
started the post pandemic. that is why i harp on the need for the commission to follow at section 317b2d in the code and hat staff said on march 6, 2009 when the first document was approved and when they said was they come become in a few montes to adjust. so -- that is that. i hope you read the e mill. i like to see xhg something about commissioner fung. in the 70s and 80's the cool commercial with that noise and said, when ef hutton talks everybody lynch and got quiet x. that's how i feel about commissionering fung when wee he talked we had to listen i wish him luck. i'm sorry he will not be here. >> thank you very much.
no additional speakers we will go to remote caller. when you hear your line is unmuted begin speaking. >> yes. this is david eliot lewis. just here to thank the planning department and commission in spchlt tenderloin community action plan. i have been working vision 2020 for the past year with sf planning on setting this plan up and we erforming a fwroup this will start meeting september 15th. we got over 100 residence den in the tenderloin signed up. and 40 community based organizations signed up for the stake holder group temperature is a large group is if only 50%
show tell be a big meeting the support for plan negligent effort hen helpful and appreciative as a long time 16 year tenderloin residents. and somebody involved in this project. so, that is all my comments, thank you. >> last call for general public comment for items not on today's agenda. okay. no additional requests to speak. commissioners, general public comment is closed we move on to the item 1220 twoop-0005505 pc a. the tenderloin neon special use direct planning code amendment. >> good afternoon, veronica florez planning staff the item is the tenderloin neon special sign direct ordinance. and this was sponsored by supervisor
preston we have mr. neil tow introduce the item. i want to note that today i'm joined by trent joan and a architect who will be available for questions. >> good upon afternoon vice president moore and members of planning commission. kyle neil chief of staph for dean preston speak nothing the spchlt tenderloin neon special use legislation. it is nice to see you in person. i would like to provide back grounds helpful to the commission in yosh deliberations. the involve am of our office began a few months ago when the redistricts task force add to district 5 new constituents.
wee understood we would need to listen. we did. we contacted every community leader. nonprofit head. neighborhood advocate. asked them about neighborhood priorities what they would like it see addressed in the near term and what they have been working with the previous supervisor's office. we learned a lot. among the many perspectives brought to our attention the tenderloin community action plan the lynching sessions going on for years dating back top 2017. when the tenderloin people congress engaged with stake holders 1200 people. to map out a vision for the neighborhood's future. the result of the work meetings, surveys and the tenderloin people summit a document a powerful statement of the community values and priorities. the document includes categories like communities improve am. economic opportunities. housing and homeless ness and arts and culture.
in the arts and culture a reference to restore and encourage more new neon signs to help create a tenderloin identity. this was brought to our attention by 2 neighborhood lead irs katie conry from the tenderloin museum and checky the central sro collaborative. they were pursuing legislation to deliver on the priority and our office was eager to help. she found a photo from the for you's showing the neon sign for the cadillac hotel. the ground upon floor of the museum. creates not exact replica but new replacement for the neighborhood showing the original cadillac on onad and the other a declaration, the tenderloin this was not permitted under current regulations we worked with planning staff, city attorney and advocates to draft the legislation creating new rules
for neon signs the prixes evolved we recognized there could be broader applications for making neon signage permissim. that includes allow legal noncomplying neon signs to issue removes and returned to the property in existing conscience special important aspect to allow the restoration of the classic signs significant or revived. all this adds up to the policy intendses to make it easy to create new neon signs and to easily repair and rediscovery those that exist. flz florez will have a detailed description of the ordinance and staph recommendations i would like to take the opportunity to express we appreciate the department's work. agree with the recommendations in staff report and plan to incorporate them in the legislation moving forward long with the zoning map amendment. out of respect for time i will not go through each i will leave
of that mrs. florez. happy to answer questions the commission may have. i would like to close by situating of the effort the broad issue context of huwe see our work admit tenderloin as commissioner moore mentioned the h pc direct evidence iing nayed turk and taylor and the property where the compton's cafeteria riots took place as a historic landmark. there are challenges the tenderloin faces and work to address them. [speaking fast] among the people who work and live there there is a sense of pride and love for the neighbored. the time and effort that produced the tenderloin community action plan. the public is focus on the problems we continuing is imperative to not lose sight what makes the tenderloin the few diverse working class neighborhood in san francisco u nobodying that includes the
lbgtq + rights movement. live music and home to a third of neon sign in san francisco. it is complicated but i believe we will [inaudible] that statute core of the proposal before you today. i will turn it over to mrs. florez. thank you. >> ordinance would create the tenderloin neon special sign direct control for signs that are large are than permitted today. as he mentioned supervisor preston will include a zoning map amendment this was cover in the the notice and up for consideration today. the proposed tenderloin neon special sign direct follow the north of market residential special use district has 2
sections. the ordinance proposes a special sign direct to follow the outer perimeter north of market sud boundary. >> which were include instead packet for you. the details will be refined and returned later hearing date. the planning department received 1 letter support from the tenderloin museum co-signed by 12 community members including not limited to the tenderloin people's congress, tenderloin merchants and property owner's association. sf neon and san francisco heritage. the letters of support note the the historical significance in the tenderloin and the tenderloin action plan called for it is restoration of existing and creation of new neon signs in the tenderloin.
they noted that neon signs will provide needed street lighting and encourage foot traffic. dru in visitors and increase neighborhood safety. after the packet the were published the department received 7 letters of support from neighbors, business owners and general san francisco residents. the letters mentioned experience and cost effective nature of physically detach neon signs refurbish them off site and return to the property. upon the other letters of support noted and supported the 2550 by 5 foot sign dimensions. recommends the commission approve the ordinance with the following modifications within
the proposed special sign district. the first recommended modification is strike neon sign revisions that are more restrictive. currently neon signs are permitted in c4 sdrishths up to 2 square feast per foot street front an or 100 square feet, which ever is left this . is permissive than listed in the ordinance of a neon business sign up to 24 square feet. staff recommended the sign regulation and removing the provision in the draft ordinance. the second rmdzed modification as mr. snowy mentioned was to allow legal noncomplying neon signs remove from the building and returned to the property in existing condition. section 604 allows nonconforming signs for maintenance and repairs but completed on site. and 604 does not allow signs to be physically removed from the building. once signs are removed, they
could only be returned be reinstalled if complying with existing sign regulations today. this is an official for existing neon signs that require more involved repair and maintenance to be completed off site. the primary goals was to address this issue for the noncompliant neon signs. originally, we thought this could be addressed in the design guideline, however since this press is not really design based this would suited be called out in the proposed special sign district language. the -- next recommended modification is to amending the proposed code language changed late steins projecting. blade signs are not in the code this is more for convince and clarity. and just to make sure terror is clear what died lineups are to
be permitted. fourth recommended modification is related to minor clarifications for residential hotels. they are a residential use. so any related signs are not business signs in the draft ordinance they are identifying signs. this should be corrected in the final ordinance. the proposed ordinance allow residential hotels to install projecting signs 25 de feo in height and 5 in width. the planning code measures the height of a sign from the topmost area point the sign area to the ground directly below. so, the recommendation is to clarify the proposed projecting sign is for the sign itself that is clear the 25 feet is for the sxien not from the to which sign to the ground below. as mentioned, there are design
guide lines, these are objective and include prescriptional krir tearia staff recommends these be renamed to be sdpien standardses instead and ensure it does in the result in dr sign approval. this last recommendation not in the draft resolution. make note of it in your motion today. and lastly am thereupon is zoning map amendment and ordinance reflecting is introduced that will not return to you because it was include instead hearing notice and up for consideration today. that will conclude this presentation and i am available for questions. thank you. members of the public this is your opportunity to address the commission on this matter.
lineup on the screen side of the room and those call nothing remote need to press star 3. >> i'm katie i'm the executive director of the tenderloin museumful we are the sponsors of san francisco neon and with oewd have tenderloin neon a-0 to restore neon signs in the tenderloin. we need this new legislation to finish the work. neon signs are crucial asspect of the line loun's visual identity with this new legislation tell be easier to restore signs and add haftically neon signs to the tenderloin landscape. after the devastating impacts of the pandemic creating path ways relevant advertising is what the businesses need thou. we would like it create a neon sign district allows for
helpfulically appropriate neon signs. to be add. and make its easy to restore existing signs. with communities input we worked with supervisor preston's office. san francisco neon and sf planning create this legislation. it has broad community support. the tenderloin community action plan noted that a priority is to restore and encourage more new neon signs in the neighborhood to create a tl identity. we believe the tenderloin historic sign district will positively embody tenderloin identity and i like to add in addition to historical significance and beauty they provide needed light for foot traffic and increasing night time activity and making the neighborhood safer. museum would like to add a new neon sign to the side of our
bodiesing. dates back to the 1940's. this is a historic restoration. since the sign is not there according to the current code this would be a new sign and this new legislation needed to complete the project. >> the one sides will say cadillac and the other say tenderloin. in line with the communities action plan arcsertion that the new neon signs create an identity. we believe the sign would help establish a positive identity for the neighborhood providing beautiful, bright and authentic emblem for an area characterized negatively. i would like toendz with a quote. there are many ways to increase public safety. standards ways more ice street and culturally ways to do that that means lighting up streets. one of the easy ways is focussing on lighting improve
ams. but what better way and more special way to do that than by having historic neon signs lighting up our streets at night. casting awayor shadows >> thank you. >> i'm with a small tiny organization called san francisco neon. thank you to planning for this opportunity to speak i love to talk about neon. i will talk why we should love neon why it is important to community and the tenderloin. now neon is an al chemy of
gashgs electric and community. you can't take the communities out of a neon sign that has americans that's when we have left. corporate neon signs are gone. mom if pop signs survived every small neon is representing a small business. and that's where we find the community spirit. in our work. a bit about san francisco neon. my husband al barn and i 8 years ago, saw or favorite signs in the city were disappearing over night. we have to document these. we are photographers we are graphic designers we can make a book. we photographed all of the beautiful sign in lovely city and -- created a book that
documented them the beginning of kick starter. we did a campaign and funds in the 10 days by people all over the world. did not know there was a neon community but there is one. and like a lot of photographs we became advocates. we walked the tenderloin museum and asked katie if she would support us to continue and took her 2 secondeded say, yes. she knew this was important at this time neighborhood. we knew the tenderloin has more vicinitiesage neon signs than any other not nishgd in san francisco may be in the world. there are over 98 we did a winds shield assessment. and. put them on spreadsheets. that is unusual neighborhood are the tall blade signs for the hotels. in closing i want to say that if
this historic sign district passes, we are all going to be proud to have the third historic sign district in america. there is one in tucson, arizona and one in idaho. we are excited for this world class city to have a historic sign district. thank you very much. seeing no members in the chambers we will move to our remote callers. when you hear your line is unmuted that is an indication to speak. i'm call from san francisco heritage a 50 year old organization with a mission to preserve and enhance san francisco's cultural identity. we upon support the creation of
the tenderloin neon special sign district. the tenderloin has a third of all the neon in the city and a character defining feature of this neighborhood. it is rich in physical and cultural history. this ordinance will allow the existing neon signs in the neighborhood to be repair exclude restored. and allow selective signs to be installed the cadillac hotel boost line allowable museum. which both are important community anchors. i thank you againing for your consideration of this and for your recommendation of of this. i am a tenant advocate for the
sro collaborative and lead the vision 2020 committee. i heard positive support for this [inaudible] to credit a special sign district inform our out reach in the [inaudible] congress we did community meetings and and properties over 1200 tenants. we did a survey of over 1400 residents in the upon tenderloin confirm when we learn in the meetings. the meetings were prepandemic twenty 18 and 19 up to 2020. and heard strong support for this legislation it is a positive, beautiful embellishment for the tenderloin a neighborhoods that is written about negatively and has i have
brandt culture and might the signs affirm our culture and life and wisdom and beauty. i wanted to say we support this. and all the amendments that will help expand to large are signs and to make the legislation more inclusive. again, please, pass this. tenderloin neon special sign district legislation. with amendments as proposed unanimously supported by the residents of tenderloin. thank you. >> good afternoon planning commission. this is a great day for tenderloin. i'm greg johnson a resident of the and supporter of the
ordinance create the tenderloin neon special district. thank you for allowing me to speak. i'm speaking and reminded people in communities narratives or [inaudible] to understand the world and their accomplice in it. as narratives become inclusive we are looking for ways to deliver the new store toes represent as many [inaudible] as possible. we know neon signs are beautiful and look great and [inaudible] energy efficient when you compare to the [inaudible]. the latest biotech nomgs stands up to neon for efficiency when it come to colored lights. people use neon lighting and [inaudible] the color of the light and the [inaudible] used. that said. you could expect 3.5 [inaudible]. rung 12 hours a daily be 15 and
18 [inaudible]. up to 50% energy efficient [inaudible] [hard to understand recording]. with changes in commitments from the tenderloin and hope of delivering the neon special district will be possibly more visitors not to our city but the tenderloin and this would be beneficial not only to our neighborhood but the san francisco in the future. i ask we move this forward it has been a long time coming. thank you. >> good afternoon i'm felicia smith. i'm representative from central
city sr oshg collaborative we are in support of this ordinance and the amendments that you suggested. i personal low and in support because of the safety. that tell create. making things brighter. thank you for your time and have a good afternoon. >> good morning this is [inaudible]. i stand in support of the tenderloin with [inaudible] light to bright and better [inaudible] and see things at night. thank you very much. >> okay. last call for public comment. again if you are in the chambers come forward and call nothing press star 3.
no questions to speak commissioners public comments on this matter is closed. and it is before you. i like to start by thanking everybody here and people call untiling remote low for powerful testimony on this legislation. casting away our shadows -- i think that calls for action. and delighted support this legislation. the thing i would like to ask is mr. smiley, to please, weigh in on the department's modifications. i found them reason but i ask the legislator or representative of the legislator to comment on the modifications themselves. >> happy to. thank you. we are in support of all the recommendations. we have worked with the staff and city attorney. plan to incorporate in legislation the reason they are
not in the legislation is because we are in the recess we plan to introduce substitute legislation to incorporate all of them. happy top go through them they are in keeping with the original intent and really the impetus of this as we look at the public commenter say the broader benefits to the neighborhood and community from this legislation. >> thank you. >> thank you for skillful handling this. i remind moiz in the past i had people from china down neon lights are important come and lost the signage once they took it down it needed to be repaired it was not allowed i hope them is a trail blazer for opening the door for other districts to pick it up peculiar low china city council a night time environment and benefit from functioning signs with
wonderful. calligraphy, i hope that people hear me and we move this on to a broader level. thank you supervisor preston and thank you and will [inaudible]. >> add a comment that i'm supportive of this legislation. and the plus the recommendation of the planning commission. i want to thank the planning department to be inclusive in terms of the tenderloin community action plan. part of the trail legislation of the creation of the plan itself. and -- i with this i also hope that this legislation will actually help small businesses and looks like oewd granted grants for small businesses to enable to help the small businesses for the neon signs.
i always think of the implementation as we are going to be the first in san francisco neon district and this legislation is being implemented. grown there is other comments. mr. koppel. i was going to second a motion made is this a motion. >> yes. >> second. >> and -- for claire thafkz motion includes >> approval of the amendments and staff's last amendment. >> yes. approval with modification. good. commissioners. on that motion commissioners to approve with modifications and staff's amendment read in the record commissioner ruiz. why aye yoochl commissioner
dimonds. >> aye >> commissioner imperial >> aye >> commissioner koppel >> aye >> commissioner moore. >> aye >> that motion passes unanimously we are on item 13 case 20 twenty-004398prj the san francisco international airport's shore line protection program this is informational presentation. >> good afternoon upon vice president more and members of the commission. michael li from environmental planning we will have a brief over view of the shore line
protection program designed to protect san francisco airport against flooding and sea level rise. this has been under going environmental review and publishing a draft eir on august 31st. public comments from september first to october 17th with a hearing on october 6. with the mile stones this was an appropriate time to tell you more about the project. so i'm going to turn it over to david kim who is sfo project manager. he has prepared a short presentation and available to answer questions you might have. >> good afternoon vice president
moore. commissioners. thanks for giving me the opportunity to present on this project. i'm dave you'd kim and the senior environmental planner for the san francisco international airport. i'm here to give you a project description in release of the environmental impact report. >> sfo an important peeves transportation infrastructure for the region and in addition and economic engine for the region and continued operation has national and international impacts in 2019 the 7th busiest airport in the u.s. serving 58 million passengers. sfo is the learningest employer in san ma te'o county. 46,000 people. we are responsible for about 8 billion dollars in director
benefit and 62 billion dollars to the region. the airport at risk from flooding and sea level rise that's why we are here. the figure on the left shows the risk from 1 huh human year flood event. you see most of the airport land would be covered and because of this, sfo required to impelement the city of san francisco flood resistant construction >> reporter:s for new structures for the san francisco upon flood plain management program. compounded with the sea level rise on the right showing the airport ournd hypothetical future 3 foot sea level rise and most of the airport in under them this. the airport existingly protections from flooding gapless in the perimeter and certainly in the high enough to protect against the flood
riskless. next slide. wroo we have a number of objectives for the shore line protection program. first we want to protect our travellers and worker. airport operations and city assets. secondly, we want to remove the airport from the hundred year flood plane. we are required to implement the costly flood resistand everant construction measures. third we want to create a protection system that is adaptable to future projections of sea level rise. we continue is happening but there are uncertainties as to what the future levels are. fourths, we want to create a protection system that pose said no safety hazards to airport operations maintain run way capacity and satisfies faa design upon standards. we are an airport we make surety shore line protection program we establish is in line with
specifications and no mai way impede our aircraft accyst >> we want to enhance emergency vehicle access in the fuel tank farm. minnize arc tractants to prevent bird straks. the protection system that we established create the protection system as fast as possible for safe and continued airport prescriptions and minimizing disruption to aircraft prescriptions during the construction. this is the project over view of the protection program. basically protect the 8 miles of shore line around the airport. it is divideed 16 reaches.
heights of the wall range from 4 to 14 feet depending where you are you on the shore. most of this will be metal sheet walls and upon reach one on the north side by south san francisco and reach 15 on the south side those would be concrete walls. 16 in yellow dotted line on highway 101 and only be built if the protection suggests we create is unable to correct neighboring shore line protection systems with south san francisco north or down south. >> i highlight reach 7 off our run way 19 ends we will be building protection in the bay to arc void conflicting air space for the run ways and that will result in open water fill.
result in 26 acres of open water fill and 3 acre of wetland fill. construction would last 7 years. >> the next slides showing the construction what this is going to look like. eaches 1 and reach 15. most of the construction will be the typical sheet pile wall driving dope in the ground metal sheet piles the elevation maintains our flood and sea level rise protection. rock on the bay side otherwise it is large rocks.
absorb energy from crashing waves. and i wanted highlight at reach 7 the run way 19 ends constructing the bay will be bay fill. double sheet pile construction and bay sidor water side that armorrock as well. so, those were the primary components of shore line protection program. other elements include storm water out fall recorrection. vehicle service load and relocation. a new roadway at reach 2. and lighting tressel reconstruction. with respect to storm water out fall recorrection we elevate 9 out of 10 storm water out falls to go up and over this new protection around the perimeter.
also relocate the vehicle service roads they will be in the areas thatir highlight in the the red boxes. shown in the map. and realign the roads so they meet faa airport design upon standards for taxi way to vehicle service road separation. maintain aircraft operations in those areas. . would be building a new reach 2 roadway around our fuel tank farm and treatment plant. this would support fire safety access in the your. and improve internal roadway connectivity. a nonpublic road for that region. this would facilitate the construction of the wall on that area.
lastly we construct run way 1 right. 19 left. approach lighting will tressel. so this we can make surety lights are above the elevation of the new shore line protection in that area. and that concludes my presentation. thank you for your time. happy to answer questions on this important infrastructure project. seeing no questions we should take public comment. members this is the opportunity to address the commission on this matter. if you are in the chambers come forward or remote press star 3. okay. seeing no speakers from the public. public comment is closed. and this afternoon informational
item no action is required by you >> thank you for the presentation. >> am if there are no comments from the commission -- we can move forward. commissioners item 14 case 20 it would be-010332imp, 375 laguna honda an informational presentation however, if you are satisfied with the institutional master plan we need you to actually acknowledge that and close the public hearing. >>
>> good afternoon laura planning department staff. project is an constitutional master plan for the laguna honda hospital and rehab center. planning coals 30 for you.5 post educational institution in hospitals to have a master planni mp on file with the department. planning commission must hold a public hearing on the imp for the receipt of public testimony and does not constitute a prove or disapproval of the imp itself or any facility describes there in. any proposed change envision the as part of the future development of the institution will require separate approvals. the planning commission will retain discretion on reviewing the applications. when they come in at a later date. laguna honda hospital is located
on the western slopes of twin peeks 62 acre site is bounded by del brook and panoramic avenue to the east. claire ton and olympic way on the north. wood side avenue to the south and laguna honda boulevard on the west owned by the city of san francisco and blocks 2842 lot 7. remainder of the site by the youth guidance center housing bite housing authority and claire ton avenue pump station, fire station and an mta electric substation. the project site is in the public zoning district and a mix of height and bulk district. development portion of the project site is in the 80d height and bulk district
>> the site is designated category a historic resource in the laguna honda historic district. the project site -- excuse me. tint of the imp to document projects occurred since the last imp submit @al and describe projected projects a major development replacement of the 1926 hospital with the new one in 2010 the formy hospital partial low repurposed in office spaces. future projects include continued retrofit of 2 former hospital wings to be usedad office space and construction to provide a combination of affordable senior housing and affordable assisted living. during the course of the public
notification period for this public hearing no comments were received. with the planning code the imp addresses topics the nature of the institution, history and growth, service provide, service population and. am characteristic. as noted in the executive summary it has been reviewed at planning for completeness and department believes it is includes all required information. no formal commission action is required and your accept analysis of the imp by closing the public hearing does not indicate an approval of any project. closing the public hearing the commissionarc knowledges the imp contains items out line in planning code section 304.5 and there has been a public hearing. this concludes my presentation i will be available to answer
questions. our colleagues -- from the d. public health will start with an update on the recertification process. next will be mr. greg wagner. thank you. >> good afternoon i'm greg wagner with public health. thank you very much for your time on this hearing. and your attention today. we remembered ask to give a brief update on issues regarding the hospital's certification under the medicare and medicaid program you may have heard about in the media or otherwise. so we will give you a brief
update on -- what is happening inform that area. and turn it over to the team for a short summary of the imp. so, very briefly i think there are slides coming up. but -- you heard about laguna honda as you know a corner stone of our public health system and health care system in the city. it it is an upon one of the nation's largest skilled nursing facilities housing full capacity over 700. the major whom are medicare or medicaid insured and low income. there is a wide variety of service on that site we are very proud of and that are very important to san francisco and a number of ways. earlier this year, i guess beginning in late 2021, the hospital reported to medicare
and medicaid cms the agency that gives the programs 2 over dose that occurred. we reported those and do so as a matter of patient care quality. reported those over doses triggered a survey process for the hospital. we took corrective actions to address the issues that had lead to those nonfatal over doses, in this process, there were a number of other issues identified and republican out of time to correct those and do a plan of correction before the regular period closed. so we take the findings seriously and we tang quality of care seriously but got in a bit of a federal pickle. as a result of that process, the
of federal government notified us in april of 2022, that they were terminating laguna honda contract with medicare and medicaid that is a very serious issue for us because it means the federal government is no longer including laguna honda in the network of heck providers for the patients the majority of the patients. it is our primary source of reimburse am for prescription of this critical service in san francisco. so in response to that, as we are since april announce am we were decertified we put an aggressive program in place to get recertified. we have a team of experts on board, we have a very are extensive staff training and
corrective action plan. it is our belief we will be recertified come become in the program. but it is a challenging situation at the hospital is in now. in order to be recertified we will have to go through a new survey process with the federal and state governments. to document our compliance with federal regulations that the subject of the work we are doing and the top proirpt for the d. public health to work through that process. we thank you process will occur through the fall of fall and winter of this year. there is a lot to still come. one last thing i will note is that part of the dessertification of the hospital, required that we do a
patient transfer plan it has been suspended patients are in the being transferred unless they choose to. and that it is a positive development. buoy want to express we will hear about the institutional master plan which is now connected to the issue i know that this is very much in the public consciousness of san francisco. wanted express we are working with every colwe have to make sure we get the hospital recertified continues to be the key pieces of public health care in our health care system in san francisco and we are committed to doing that. so with that i will turn it over to kathy jung or director of capital planning to describe the contents of imp.
you have 5 minutes. >> thank you. . good afternoon i'm kathy jung director of facilities and planning of department of public health. joining me today simons the architect and jung kim an architect for d ph and tim dunn from mercy housing this will be a brief over view on the laguna honda institutional [inaudible]. my focus on the major developments since the last imp and describing future development plans. the upon plan updates present in the the following, institutional over view, if sillity's over view. accomplishments and future development plans. for 156 years beginning with the gold rush laguna honda serving
residents of san francisco it it is a skilled nursing and rehab center with 780 beds the largest in the country representing the most commitments to any city or county -- um through the therapeutic care for seniors and adults with disabilities. would you pull the mic down you are going in and out for our listeners on the tv it may be hard to hear you >> is this better. >> sorry. okay. this slide shows the depth of diversity of the patient population served bite hospital across multiple characteristic. include race, gender, language and age. laguna honda is located on 62 acres of park like land in the heart of san francisco. the site is public use.
the primary facility located on the campus other new hospital buildings and administrative buildings. in terms of zoning all existing and future planned development will comply with land use and height/bulk environments through the san francisco planning code. the most significant accomplishment since the 94imp with the completion of the new laguna honda hospital buildings done in 2010. these replaced facilities used wards built in the 20's. the project include 2 new patient towers and building patient pavillian for services. since 2010 there have been no other major developments. the one nonfacility project is
laguna honda community trail system that was implemented through the hospital and the san francisco urban riders the financial support from the p's alliance. complete in the 2019 the project restored 2-1/2 miles of multiuse trails that comp elements the twin peeks and other trail systems and open space. looking to the future, there are 2 projects planned. the first is the renovation of the mno building the project will retrofit former patient care ward in administrative space for [inaudible] currently located in the civic center area. this includes staff and present low located at the seismic [inaudible] public health administrative building a seismic rating of 4.
includes seismic upgrades and updates to building systems address the city goals of the susstainability and [inaudible]. the project is targeted for completion in 2024. the second project is a senior living facility in the process of being will developed the mir's office of housing and community development. mercy housing the developer completed feasibility and capacity analysis that include assisted living, independent living. adult day health and early childhood education components. construction will not start earlier than 2025. and this concludes my remarks happy to try to respond to questions you have. thank you. open up opinion comment. member this is is your opportunity to address the commission on this matter. press story 3 if you are call
nothing remote if you are here come forward. okay. seeing no request to speak from the public. public comment is closed and the imp is before you, commissioners. >> commissioner. >> thank you. um -- i'm -- i have a question in terms of the closure and transfer and how it may affect the mno, will this affect the retrofit and renovation plan and assisted the plan for senior living? >> thank you, commissioner for this question. i would say, no. the difference. the mno plan is oi a different time line than all of the regular issues that we are
talking about. so the -- closure and transfer plan it is very poorly named requirement but it is a federal language from the federal regulations. and that is a plan that they require any facility to submit when they go through this press we have of losing our certification under medicaid. it is a regulatory process we need to comply with once recertified, we have all hand's on deck to ensure that happens. that plan will not be irrelevant haven't and expire. no longer needed we go become to serving our patients as normal. anticipation that process will be completed before any of the construction moves significantly on the mno wings and the mno
wings are in the nonpatient care portion of the hospital campus. so they are separate issues connected by virtue of being on campus but no link between the 2 for the future. >> okay. thank you. i know we are planning commission and not necessarily department of health commission but it is quite shock to hear the closure about the dessertification process. my in terms of nmo project and the senior living development, i -- i my question is in terms of the master plan, looks like the last this is the only update we had since 1994 or are you
planning have an update with us during the retrofit? >> i can ask the team if they have thoughts. i will say for me and on behalf of the department we are happy to provide you updates and come as often as you are interested and having us. and more than happy to share i don't know if there it is a formal schedule the team to see if tr is anything. okay. weure more than happy to come update you and work with the staff to make sure. >> i would like to hear updates on those since this is the mysterier plan and believe planning should have regular updates. >> and if i could also i want to emphasize we have the closure plan, the hospital is operating. we have about 600 patients in the hospital. receiving care. and so we hope tell come out the
other side soon and go back to doing regular business but we do condition to operate as we negotiate this regulatory process. >> okay. thank you. those were my comments >> commissioner diamond. >> yes. thank you very much. before i ask the questions of the imp i have a couple i want to recognize how important and critical and vital the services that you provide are and that i wish you the best of luck with the recertification process i hope typeset is speed sounds like the path you are taking. best of luck. >> thank you. >> on the mno project senior housing and assisted living am they be back in fronts of us for entitlements?
of any kind? commissioner diamond this is laura with staff the mno project can be reviewed at staff level and that is what prompted the the -- knowledge that we were over due for a master plan on this site. technically plans are to provided every 10 years with an update every 2 years. for commissioner imperial the next scheduled update should be in 2 years per the code. unless the n evermno plan is dred tell be staff level. >> thank you. >> how about assisted live anding senior housing projects will they be back for approval? i don't have enough information on that project. it is a little too far in the future we don't have any --
preview of the project yet. the project experience could better answer that question. but to date we don't have applications on file with the city. the project sponsor to weigh in regarding entitlements? i'm tim dunn with mercy housing we don't have an application for this project. at this point our intention is to are affordable housing over lie lay a project will conform to the zoning and would be exempt from review. i think providing a continuum of
care is person way to proceed with the drchment of laguna honda forward and assisted living and senior housing is a good add. i would hope if you are not required to get commission entitlement that require you to be in front of us this in the imp update, which sounds like tell happen in 2 years you will provide information relating to those 2 projects. i want to second commissioner comment about the need for compliance with the legislation. we have imp legislation that requires plans done every 10 years with updates every 2 years i'm not sure how this went so long without compliance we need to comply it is important you be back in 2 years.
thank you. upon i would like to add thank you mr. wagner for the dessertification update. i think anybody who reads the paper is sitting on edge this is an important resource for the city, city wide. and i commend our forefathers back in 1866 for those who have not read the historical over view to creating a facility of 700 people at that time if you reflect the need of the time to today i think we don't have to really etch say much. we are awe struck of how severe the situation was well and how severe it is today even more. i am interested in seeing a 2 year update and again 10 years a new master plan i had a few
questions the ledgeability of do you means hi a difficult time reading the graphics that were too small. i had a heard time i have not been physically at laguna honda. i have driven by many times i love the setting and the mist row where it was i could not read the drawings to put together where what is. there is an element of empty space and i would like them to tag on to commissioner diamond's question and commissioner improll's question with the affordable zoning over lay. where is capacity and how. and in addition to that, where would senior housing be for us to think b. we don't have say but i think as we are concerned about the city in a large are context of how it fits together i would like to stay informd and better understand what is. otherwise, i'm supportive of the
history of this project it is fascinating anybody who has not read it, do so i was awe instructs about the depth of the description but the incredible degree of caring that existed at the time when this all started. thank you. >> we acknowledge the presentation and close the public hearing. >> very good. thank you. commission chair. in that case, we can move on to item 5 pulled off consent case 2021-0137 sea, 142nd street. cu authorization. commissioners this is chris went joined us during the pandemic in
november. 2021 a preservation planner and southeast quadrant. previously he worked for cultural resource firm michael baker served an a preservation planner. over 12 years experience in education and nonprofit work. graduated from sa nomea state in 2016. welcome, chris. >> thank you. good afternoon crips flint department staff. the item is a request for cu authorization for the property 140, second street a category one belling in the new montgomery conversation district designated article 11 of the code and register list the second and howard historic district. of the property is c30 zoning
district. the property improved a sick story building construct in the 1907 in italian style. to install a new at&t and anthem wireless consistentsing of the following. new roof top platform. principle antennas in 24 aaron covers. 2 remote radio units. one gpsn 10asm one walk up cabinet. panels, boxes and cables and utility runs from the roof to the sources in the existing basement as part of the at&t mobility telecommunication network. >> excuse me. i'm sorry to interrupt you i need permission from the commission to recuse myself. this is an at&t facility. >> yes. >> okay.
i have an indirect of at&t shares and lack of information [inaudible] the draft [inaudible] my situation in consultation with city attorney in caution i need to seek recusal on this item. do that before you proceed. >> thank you, commissioner diamond. i see mr. koppel >> move to recues commissioner diamond. >> second. >> next, commissioners. on that motion to recues commissioner diamond commissioner ruiz. why aye >> commissioner diamond. why aye. >> commissioner imperial. >> ray >> commissioner cop and he will moore. >> aye >> that passed unanimously. my apologies i should have done that. the department received one in opposition to the project. staff determined the work will
be in conformance out line in article 11 of the code and secretary of standards. associated my department to alter on july 12 [speaker speaking too fast]. of the preservation commission did noted provide comments. base on the upon analysis in the case report staff recommends prove with the following conscience. as part of the future review of the building permit by the department of building inspection or other agencies any required refinements reviewd and approved by department preservation staff. if approved today staff will modify the approval prior to publication of final motion this concludes my presentation the sponsor is here and we are happy to answer questions you may have.
does the do you have a presentation >> we don't. >> very good. take public comment. this is the opportunity to address the commission on the matter. node to come forward. or if you are call nothing remote press star 3. no requests to speak public comment is closed and this matter is before you, commissioners. >> is the sponsor present? >> yes, they are. were you going to make a presentation for clarity. >> no we were told we would not need a presentation for this i don't have one i'm here if you had questions >> thank you. >> i wanted share a couple of observations. this site this is one 40, second street in the national register
district. when i look the at the simulations you can sit and i will call you when if there is a question for you, thank you very much. when i locked at the simulation drawings closely i found that it was odd a chimney conceal am was chosen to conceal the antennas. we have gone through configurations how equipment is concealed this building sdpiep this district does not have chimneys. i found that awkward. question arose what are we put thanksgiving in a penthouse somewhat moved away from the roof edge not visible the pen house is more neutral. and i answered the -- perception may not be good. i said fine i would like to know a question for you, how many examine to see where equipment and concealment that does not
interfere could achieve the same net result you are looking for. >> we are happy to modify the conceal inspect the way the commission would like. we go with what typically guess with the planning department's suggestions but if you have a better idea we are happy to entertain that. this is the agency in sacramento does the historic review i do like to note the fact that the cu pulled for this macro site today opening statements the door for further venders to add equip to the antenna farm on this building without future review or approval. that is disturk i'm not entered in asparagus field of chimneys.
ultimately will make to our physical environment. chimneys are typical for this building type and the district a penthouse would be a more appropriate and i would also like that the department at some point -- unless we find an agreement today gift commission an update on section 6409, so the commission understands the extent of this type of approval and issues related to it. the twhoon any future approvals of similar equipment would never have to come back. i think we all need to understand this together so my question is to mr. went, can we consider asking for this equipment and all future equipment on this site to be in a penthouse configuration and be
reviewed by staff who will guide the process. >> sure. commissioner moore. happy to address this. it is in the commission's purview to you can propose a condition of approval to modify the design and specify. the design to be more in keeping staff does take the approach we try to keep the antennas in line with the typical things we see on a roof. chimneys and antennas and the stuff that would pop occupy a roof tap we mask it in a similar fashion. if in this case i feel confident we can w with at&t to basically mask the new equipment within a penthouse structure in keep with this district. i prejudice the sponsor seems they would agree and i continuing is something we can
add in the design recommendations for in motion. >> thank you. and yourself historic preservation person, would be able to guide that proper leave. commissioner diamond wanting to comment. >> i don't think commissioner dimonds can comment. why i forgot. i keep my ice open it what to responded to. forgot she took a recuesal >> seeing no other requests to speak, but still acknowledging the concerns i'm going to make a motion to see where we are at to approve this application with a redesigned penthouse style covering. >> and ceiling.
and also no additional equipment to be intalled at a later daet on the roof outside of this unless it come back. >> i don't think we can do that i think i would expect that staff would fill us in on section 6409 and if our penthouse is a solution for all future additions we would address that. i urge the department to give us the time for explanation on the 6409. >> we are happy to do that. i think in this kaua'is case fcc regulations governor a bilt of what we can do or not dochlt am but in this instance, i think modifying the concealment to be in line with the penthouse is consistent with the surrounding south end historiedic district the buildings are bulkier.
having that feature on the roof top is appropriate in this case. i second that it motion. commissioner koppe employs justed to require a pen house style concealment or covering. >> very good. on that motion to arc prufr with conscience manyed include a penthouse, concealment on that motion commissioner ruiz. >> aye >> commissioner imperial. >> aye >> commissioner moore or koppel >> aye. >> and chair moore. >> aye. >> that motion passes unanimously 4-zero. commissioner diamond you may resume rejoin us, please. of and we will be now under
discretionary review calendar. for item 16. case 2020-005176drp, 45 bernard street. commissioners we received a request to have this item intercepted in cantonese. if the interpretors could come forward. did you bring the head set. >> okay. >> commission secretary i have a request to take a 5 minute break. there he is. sorry. take it back. thank you.
we'll get started received a request to bankrupt to cantonese. if you are joining remotely and like to listen to this item, number 16 for 45 bernard in cantonese call 415-655-0001. you will not be speak right away you can sit down. yes. it is okay. again. if you are interested in listen to this item in cantonese call 415-655-0001. and enter conference access id: 2483 396 5354 and -- you can
also go to bitlyplanning 0825cantonese f. you near person head sets are visible on the table by the door i believe most of you received them so you can listen to this trans lagz. sfgovtv will scroll the members and url's at the b. broadcast stroll for the duration of this item. for the benefit of the interpretors i request we all speak clearly and slowly to allow for translation in real time. during public comment, we will have interpreters present for both cantonese and mandarin. member of the public who wish to submit comment on this item call in to 415-655-0001.
and enter access id: 2483 396 5354. come press star 3 to be added the queue. and your line is unmuted that is your indication to begin speaking. and if you near need of translation service, submit your testimony in short intervilles to allow the interpreters to translate your testimony in the chambers. >> okay. so -- item 16 ace 2020-where are 051176drp, 45 bernard dregzary review. >> good afternoon chair person and more. the item before you is a request
for directionary review of 202008222415. to construct a rear addition to an existing 3 story, 4 family residence it includes legalizing an existing unauthorized dwelling unit to be filed under a separate permit. the existing building is a category c no historic resource present built in 1900. the dr requestor jennifer may of the upper china town neighborhood association concerned the proposed project will under mine the cultural fabric of this community. violates the residential design guideline related impacting mid block open space. and general plan housing element to maintain and preserve the
unique and diverse character of san francisco's neighborhoods and housing element policy 11.9, foster development that strengthens culture being sense of place and history. the alternatives are to increase the roar yard set backs of the building. relocate the roar stairs to inside the building. reduce the size glazing at the rear of the building. manslaughter it is date the department received 8 in opposition. and assigned petition with over a thousand signatures and 2 letter in support of the project. >> the planning department's confirmed support as it confirms to the design guide lines and planning code. the proposal mack myselves the allowable density legalizing
unauthorized dwelling unit. since this is the shortest building on the block, the proposed rear extension fit in the already constrained mid block open space. using the average demming vmth 2 adjacent building to have a compliant rear yard and appropriate building at the rear. the removal of existing rear wood stair extends in the existing refer yard helps arc leaveiate the contrain mid block open space with this proposal. in addition, the proposed roof deck is minimal in size. one unit and set become from all edges by at least 5 feet. from the eviction history proper, legal procedures were invoked per owner move in
evictions. the project has been modified since the original 311 notification drawing set to reduce the rear wall of the based on the rear walt adjacent building at 51 bernard, used for the purposes of rear yard average determined that wall was built erroneously and did not count or qualify in resulted in a reduction of this proposed roar extension by 2 feet. several other changes have been incorporated of the proposed project dated 7-15-22. include removing the fire escape at the rear. adding exterior decks. and a spill roll stair to the roof deck reduce in the size from the 311 proposal. therefore staff deems there are
no exceptional and extraordinary circumstances and recommends not taking dr and approving as modified. >> thank you. we should hear from the dr requestors now you will have 5 minutes. >> vice president moore, commissionering i'm hahn ming with the upper china town neighborhood association. association has been active since 2012 and membership is arnold planning and social issue in our community. the association reached out to the sponsor many times to discuss our concerns and those e mills are in your package.
the only meeting afforded was a preapplication meeting held on new year's eve. 18 months after the application was submitted. we have no choice but to bring this matter to your attention. the proposal at 45 bernard will have an extraordinary impact on our community and neighborhood. sponsors acquired the build nothing 2019 and immediately evicted 11 chinese immigrants 8eld and disabled. once they were completed, plans were submitted to expand the build to the mid block open space and reducing the number of bedrooms. replacing exist agordinariable with luxury housing. this will have an exceptional extraordinary impact. the mid block open space is condition trained already. will perpetuate an atmosphere
for the family who is live in dense low populated housing. this is the last remaining space and makes our neighborhood more liveable it must be protected. in chinese culture the color chart open space existed for thousands not an architectural feature center of the family. families migrited upper china town especially to seek out more open and afford annual housing mid block open space at 45 bernard is vital to our community. >> commissioners. i'm jennifer ming with upper china town neighborhood association this project represents a troubling trends for our community. evictions are destroying the fabric offer neighborhoods. since 2013 asian-american
homeownership on this block drop friday 80% to 60%. 59 evictions on this alone 90 arab i can't think-american. we are losing our community. we must stop this time eviction. reduce being the precious open space by 40% to an extension that reduces 4 bedrooms not equitable. losing upon 11 chinese immigrants in affordable rental house suggest not equitable. our cullure is threaten d and community under fire this must be stop. thank you. >> commissioners jonning wonning architect this should be rejected it has life safety code violations. as submitted the project is in
the approvable the sponsor is the contractor and not qualified submit the plans per california code 106 requires a 3 story building sign and theed stamped boy a licensed engineer or architect. the life safety violations are the following. no escape rout from rear bedrooms. escape route required to cut through the basement unit removing 25% of area triggering a demo under section 317. sponsor's file a none compliant plan there is is their third failed attempt of right. latest don't meet plan standards under san francisco building code does in the show the unpermitted kitchen or bedrooms they are labeled, rooms now. this matters the ad u replace
existing unit and losing 25% of square footage trigers section 317. removing the stair case and addition at the rear requires 27 inch front stair case to code. the sponsors are in support of the code violation and remin in the new plans not approvable and life safety changes would change the project. what is the course is to deny and let the sponsors come back with a project that is approvable. thank you. >> we are out of time. >> brian o'neil it reduces housing and not protected by state housing laws. youville a 2 minute rebuttal. >> project sponsor you have a 5 minute presentation.
>> before we start i was curious we don't have an attorney so we are not sure how this works but well is a lot of comments i think we owe you all and the people who regarding the attentives. we were hoping if possible to get an extra 2 minutes to cover the building and the tenants your time is rung jooim lindsey houston my mother and i own property. i like to talk through the project necessity and our scope. currently the building is severely dilaptated and no design small, lack kitchen and shared space the concern kitchen is a single kitchen and bath which is enclosed porch settled
do you to the fact it is a porch not the room. there is 50 plus years of deferred maintenance. water damage. plumbing things the prior owner neglected our scope hopes to make the updates including foundation will work. i ask for a minor 102 square foot extension for the catch. am we like to show case a couple pictures to so the conscience the prior tenabilities projected to. this includes the damage, this is the current kitchen that we live in today. keep clicking. there is a basement unit. that the kitchen has no guess a kitchenette and bathroom and pictures of the water damage. a depth less than the neighbors in larger mid block and
courtyard is a private year yard. we have no [inaudible] privacy to the adjacent neighbors e mailed planning saying the tree -- provide privacy to their property we can't see in their property or look in their windows similar the member at 39 bernard has a large rear wall we can't see in or cast light. i mic like to touch on the attentives they were living in subparconscience. they were represented by an attorney and ultmittly a mutual process. they took ample time to finds new housing had a year and moved out when and only when they secured a newer better place to live in san francisco we made sure. they were waived months of rent. paid compensation in combesz of required amount 6 figures.
the insinuation by ucma we evicted them with nowhere to go is false. and they knew it was fault we told them and despite that they passed out this letter in the neighborhood saying that. currently we have one tenant an elderly tenant on the first floor we respect her rights will move to an improved unit at a rent protected process and we hope that all these considerations would have taken them and regard them but we never met with them they never chose to meet with us. said they -- subjected us to this situation. and it is interesting because based on the sponse leadership team young i'm not sure they themselves evicted 13 people next door. they themselves the same thing through [inaudible] we are not clear if their issue is the omi
process, if it is us, the building we can't figure it out. >> i like to highlight the resolution was attempted by us. we made 13 attempts to meet with them since may of 2021 they said we said on the 31st this is incorrect. we hosted 2 preplanning meeting both were skipped one on the 47inglet and the 31st they were aware and calling code they those not to attentive. offered to mead with a mediator in the fall. ignored. mead alterations to address every one of their concerns despite them never affording us the respect of a conversation. instead they lead this organized campaign against us and asking planning how to d r of the project before our plans were approved and holding meeting in private politicians and passing out the letter and they accused us of approaching people we didn't know who signed the letter we thinked not do that we
are running on the of time this highlights the changes we made. david talked reduced the demth 2 feet 9 inches added 100 square feet of open pace tell benefit the tenant she is elderly and hard to walk down the stairs will have liveable open space on her floor. reason protectd and tenants support the project. we have letters of support that peek to the conditions and their support for project over all if you upon don't believe us the pictures i urge you to look at this [inaudible]. jowlville a 2 minute rebuttal. >> thank you. >> members of public, now we will go to public comment i will ask that the translators translate this in cantonese and mandarin. we will open up public public. interpreters are present.
members who wish to submit public comment on this item need to call 415-655-0001. access id: 2483 396 5354. and then press star 3 to be added the queue. when you hear your line is unmuted that is your indication to speak. and again if you are in need of translation service submit your testimony in short intervilles to allow the interpreters to translate your testimony. through the chair each person will have 3 minutes. >> [speaking cantonese or mandarin]
neighborhood association dr request. we are opposed to owner of 45-49 bernard proposed plans. they have evicted 11 immigrants 8elderly and also some is disable. now they propose an expansion project that will [inaudible] encroach in the rear courtyard and destroy the big block open space without creating more affordable housing. this must stop.
>> i know what like to be evict the from an accomplice. i called home. i living with my husband exit have been experiencing and eviction crisis from our landlord from june 2020 to february 2022. we live in fear every day and could not sleep every night. on those 1 year and 8 months the reason that is why my husband
upper china town experiencing an eviction crisis so is the tenderloin the owner not helping people have afford annual house thanksgiving is what is happened in our neighborhoods. the owners are making more homeless people. house suggest a human right. we defend our right and we have people of grass root support from tenderloin community. we are already collected over 415 people who signed the petition. we support upper china town
generations and the with respect we socialize with our neighbors. 99 our generation and neighbors would also have one less place to interact with each other. we would all be very disappointed. we support upper china town neighborhood association to o pose the ordinance of 45 to 49 bernard street in their plans. this plan is to destroy the space in our in the backyard. please, stop expansion project. also we would like to sing a song call little grasses we are people from grass-roots. thank you.
the song the moneying of the song would be helpful to us. >> of the song would be helpful to us. e of the song would be helpful to us. >>a of the song would be helpful to us. n of the song would be helpful to us. i of the song would be helpful to us. n of the song would be helpful to us. >>g of the song would be helpful to us. >> this is a lyric for the song. okay. not as fracture as flours not as tall as a tree. i'm a grass that nobodiness. i never worry about being lone low. you see my partners the throughout earth. spring breeze. prisoning breeze you blow me green. sunshine you shine me. rivers, mountains green you have nurtured me. mother earth held mow tightly. >> thank you i tick that as
public comment. >> >> thank you, commissioners i appreciate having the opportunity to peek today. mooim melody a resident and a culture bear of san francisco japantown. past 30 years our organization have japanese arts as an after school and in school program to over 10,000 students we serve city of san francisco with cultural programming this celebrates the cultural neighborhoods i'm aware how our community has weathered through world war ii incarsination diameter redevelopment era. participated in countless community forums held if protest in the sale of contested
property in the 90's consisted of 2 thirds of san francisco japantown. and spoke out as a community member about the node for upon community space. to practice our cultural connection. no audio. and space for our displaced commune. this mid block open space is absolutely crucial to our community's well being. it is the heart of sudden front jeopardy an town over 114 years old. the oldest surviving japantown in the nation there are only 3 in the nation. and we are very fortunate that san francisco has one of them. of the iconic pagoada symbolized us and brings us hope and pride in san francisco. don't allow furthers erasure of you are precious mid block space
and deny our practice in the space why i urge to you favor the mid block open space in the upper china town neighborhood. in addition, i am a program manager at alliance for california traditional arts lynching to the stories within california. no audio. :and how participated in discussion with san francisco planning talking about cultural retention of neighborhoods. like the upper china town neighborhood san francisco japantown the mission districts have been threatened and have suffered the lost of immigrant families and vulnerable community members e vict and theed pushed out. they assisted in sustain ability and continuity of our neighborhoods san francisco is becoming like a disneyland with
no content. ecosystem that susstains art practice in neighborhoods is being driven out of extinction. >> families have been e vith instead mission are -- thank you that is your time. >> thank you very much for your time. >> like to ask the interpretsors to interpret ask reminds everyone to turn off mobile devices that sounds off. would you like mow to the entire 3 minutes or pause at one minute
for interpreter. >> you can peek we ask you speak slowly so they can intercept and every in real time you don't need to stop. >> thank you. >> good afternoon i'm jerry over the last 29 years 59 residents on this block have been e vithd and 90 percent were asian. project experience purchased 45 bernard in october of 2019. within months the new ordinance evicted 11 chinese immigrants during the pandemic. the project is clear a reason a verification less than a week of the eviction of residents the sponsor submitted an application for residential expansion. displacement of people color is an issue in this project. and the planning commission's decision today should not reward
the project sponsor for displacing people of color. for almost 3 years the project experience ill 'llly collected rent on the illegal unit it is illegal to collect rent if a rental unit that does not have an occupancy certificate. ordinance submitted an older building permit for minor kitchen and bath renoodle evermodel issued on july 7 of 21. permit was finalized 26 days later by an inspector clancy. the building permit does not show an appointment for that final inspection leaves me to wonder photocopy he visited the site. the project responsibles purchased the 2, 325 foot building for 1.4 million dollars or 600 per square foot.
sponsor submitted 2 building permits cost of 470 thousand dollars to renovate the building. this would raise their cost per square not to 800 or 2 third was market value of the building. the project prosecute sponsor's realize over 1 million dollars in profit from the reasona verification i ask planning to deny construction like the proposed officer deck that only improves the resale value. 2, require the sponsor create a relocation plan from the only remaining tenant and 3, require the illegal ad u deed restricted and under rent control. thank you very much.
>> good afternoon vice president moore and commissioners san front coalition we were alerted to this project by attentive activist this is is a classic case of what happens in this city day and day out. the interesting thing about this project is if not for the neighbor filing a dr this would not have come to light. i assure you, such evictions and reason a verifications happen on a regular basis. that's why you are here asking to you ask point and questions about the necessity and desirability of this project. which we feel it does not merit either one of them. you should ask mr. city attorney if it is tlol collect rent from
tenants this is occupy illegal building this is should be raised and answer said. the statistics you heard repeated by mr. drapler and the dr requestors are appalling. 9% of the people that were evicted from this block were asians. and the department your department has spent 2 years drafting what you called the new housing element that basically is over 50% of glossy slogans about how the planning should adopt policy against displace am. this is a classic case. see how this commission will be voting on it. policy without action is just slogans and hollow slogans, this
is an opportunity for you to take this dregzary step. this body is fully allowed by law to act within the discretion and don't award people that are going to be profiting from disaccomplice being tenants in this town. immigrants with little language skill. as pointed out the property was sold for 1.4 million dollars. and by monopolies the property they make a profit. we ask not to expand the expansion or approve it. don'ts approve the roof deck this is luxuriating a modest building. the existing tenant the sole existing 10 at realize her daughter sent a support letter but regardless what will happen
to her when construction begins. and illegal ad u under rent control. >> thank you. >> good afternoon. commissioners i'm natara of the russian hill communication association group up in china town and here to support the dr requestors. big top nic san francisco a great effort is made to produce and preserve more. >> [inaudible]. amazing resource, excuse us could you pull the microphone. >> people who are not here have a harder time hearing. i will start over. >> mid block open space promotes our health a topic in stan san
francisco. open space an amazing resource if you have times to travel to the new tunnel top park. for 14 is enough time to work, eat, sea family and sleep. the open space available in your backyard. porch or a landing. these reariard space are sanctuaries. in the chinese tradition you make what open spaces we have our courtyards. you may picture spaces with in movies with kaefshed phoenix and slowing robes but my memories of courtyard in china town were like a concrete pad behind my friends's flat or semi back porchch these are not fansing space but cherished. private and safe spaces to commune and get fresh air.
fresh air is valued in the chinese tradition. every day my mother talks about my very san francisco china town translation of clean air. when well is not clean air she is not in good spirits. another factor that makes open space important u.s. born like myself or people who immigrated here is that multigenerational communitial live suggest common. open space doubles as a living room. this is private for not special occasions but every day living with contrained backyards losing light. good air, privacy is a detriment to the quality of life and especially to the large schein chinese population. who value these. privacy, safety, good air and good light.
these are key factors of chinese way of living. i urge to you sept upper china town neighborhood association's request to preserve this open space. thank you, commissioners. >> good afternoon. thanks for take the time for this. i'm sean cotter. i live at 1003 broadway at tailor the next block over from bernard. i lived in this unit for 35 years. and in san francisco for 47 years. i support the position on the proposed expansion. this part of the city embodies everything i love about san francisco. its diversity, energy.
natural beauty and walking around the streets enkoushts a range of cultures, languaging and income levels away prosecute street look out a concreate passage way where garbage cans are store. we have light and pace to the north our apartment is on the corner. i don't need to reminds you this is a tightly packed neighborhood up the hill from china town i believe is still the most dense low populated area west man tat hattan. every square inch of greenery and mid block open space is precious. for everyone who lives on the
slopes of the hills. i'm not going to sing a song but i want to mention the great american poe walausstevens quotes the lines the beginning of one of his poems. the great interests of human kinds air and light. the joy of having a body. the voluptuousness of look. chipping away at open space threaten the character of our neighborhood. consider this modest request to preserve some of the air and light behind the houses in the blocks out of bernard. >> thank you. >> hello. i'm nellon and i live on jones
street around the corner from bernard. i move in the almost 30 years ago and there was a guardern that was neglected and i took it upon myself to create the garden. my access to nature made me a better person i know gives me heart 80 and why we all need more nature. all too often i see in my neighborhood this go, this nature go and that go for what? money. i mean machiney is not more important than nature. money does not give us the air we breathe. money does in the filter the pollutant from thes air or reduce climate change. so that sell where why i support this effort to on this we should not lose nature. it is more important than money. that's all i have to say.
>> thank you. >> good upon afternoon, commissioners. i'm leo hawn chair of cultural association. 8 then and there union in san francisco bay area. mark for identification them reside in san francisco and are here at this hearing. to show our concerns about evictions and about need for open space in the yard. i am sure have reviewed my letter of passport to the upper china town association request. what i want to add to my letter is to share with how important open space is for us. like all americans of different
races and ethnicities open space is important for us the yard is where we grow our herbs, hold will special ceremonies and where grandparents and grandchildrens and parents get together in the backyards. to enjoy. for it is a priority for us who have a sufficient open space in the rear yard in order for us to live in a balanced life. we ask that you accept the upper choina town neighborhoods association dr request. thank you. >> goovend all honorable
commissioners. the father of the union cultural association. i am here today to give my full support to the upper china town neighborhood association dr request. i'm sure you are well aware of the consequence of eviction on immigrant families. one aspect of the displacement i would like to highlight related to the impact that has on the expanded families. for us to grow in america. it takes multiple generation it work together and to help one another. when we all mrich together grandparent, elder, care for the grandchildren. our children translate for family member when going to social service agency, health clinics or hospitals as many
family member will contribute for everyone. when immigrant family must live separate low because they cannot buy and afford another place to live together this has severe and detrimental impact on family ability to a justice and advance in the country row of ours. thank you. good afternoon i'm here to testify on behalf of my parents. they account not come because of old age and poor health. however when they heard about the story that the tenants
living at 47 and 49 ber nad are evicted they were very sad and angry because they thejz are the went through the same process 3 years ago and suffered a great emotional sxan never recovered. my parents move into lombard street in north beach. and about april of 1979. and they lived there for 40 years until around april of 2019 when they received the eviction notice from their landlord for the same exact same reason. and -- at that time my father was 92 and my mom was 87 and they don't speak or write english and there is only income was social security and ssi. so they could not afford to go
out and finds any affordable how doing in san francisco. the [inaudible] and [inaudible] my father hypertension and arthritis and heart conscience worse extent my mom meier hypertension and diabetes got worse. so they never want anything to happen to them happen to other people. and they want to urge to you consider taking the consideration of impact on the tenants and impact on the community. thank you very much.
good afternoon, i'm here to support upper china town neighborhood association request to existing mid block open space on bernard street. [inaudible]. migrated to san francisco with my parents young brother from china [inaudible] when i was 10 years old and live in outer mission with our relatives the husband we lived in has a backyard with a locust tree and vejables a place where my dad does his exercise every day in the morning come my uncle plants vegetables and harvest for our new tables. place where my mom and aunt [inaudible] absorb c.j. hunt and chitchatting about life, work and chairing cares and love.
a place i take a stretch break [inaudible] after i got tire friday online schooling and my little 2 year old niece has open space to ride her scooter run and play. it is a play grounds for her and here i want to emphasize that it is also person for china town neighborhoods to have a backyard space the mid block for people to do out door activities and interact with their neighbors. especially for elders with difficult mobility who are also willing to have out door activities. so that they don't need to go for away to look for a park. they need to go down to their apartment and have tr activities in the mid block. the mid block could be a small
play ground for children in 41 of their home like my little niece. they can play and frolic together in the open space. therefore i strategy low believe [inaudible] backyard or mid block extremely important because many [inaudible] and stories happen in this space. thank you. >> good afternoon, commissioner. i'mela i want to share my story as a first gent rayingim grant i migrit to the country 10 years ago. i think our family have been here before when we are fwhn this country we got support from our family. you i believe to those who have
nobody here when they are here china town was their first stop to live and start a new life here. i think they have no choice but only china town. we have been visiting richmond district before we moved sunset now outer mission in san francisco. so part of the reason we move is the backyard is in the the one we want. the one we live at richmond i think is a tiny only 2 people stand negligent yard and no more space for us. we move out and move to sunset. just same wagz and now we located at outer mission. while outer mission location we are able to do our own activity who i we are home.
my mom can plant vegetables. and to my dad heave be able to grab the wold and make furniture for the family and cent it to relatives. in my view as a younger generation i have activities to do to my parents or older generation they have nowhere to go only the backyard. while -- the community have nowhere to gj go but chien town or having sunshine or free time or having a time for the moon festival the community member mention before. i think it is essential to keep the open space within the house
and the community so that the we can give more support become to the community and more population. thank you. hello i'm frank. i grew up with my mom in a flat at 1140 pacific avenue between tailor and jones. we lived here for over 40 years. we are located in the upper china town area. we know our neighbors. often times we hang out and go to lunch together. today i would like to discuss the perjuries of having mid block open space in our neighborhoods. every since we heard about the
sponsor's plan to extend build negligent backyard we are worried. why? because my mom gets the sunlight and fresh air. she normally spendses her time in the kitchen preparing her toed and our kitchen is in the back of the unit and our backyard is narrow and which prevents her from getting will natural sunlight. if this project guess forward there will be less sunlight for everyone. there will be less airfully causing harm to everyone's health and everyone my mom would lose her privacy as well. our stairway is adjacent to our neighbor's backyard. if this happens she will not have privacy anymore. i'm worried she can fall going down the stairway i don't want
anything to happen to my mom or neighbors. i urge you all to preserve open space and to back out of this deal. thank you. okay any other members who would like to submit public comment. if in the we will go to our remote callers. so again i will remine evermind you when you hear your line is unmuted that is indication to begin speaking. >> good upon afternoon. i'm ramone a member of the board of director of the wild flower institute. wild flours for the last year involved with learning about communities and mechanic myself sustainability of the communities. i have years of experience
working in communities to strengthen inner city neighborhoods. a finding consistent is the importance of gathering spaces for the neighborhoods. gathering space strengthen communal providing spaces to interact. in my mexican culture span yards brat courtiards and plazas. indigenous cult urs shared paces to built relationships. a healthy culture that develop when is people gather. socialize and community. i believe the mid block open space today are along the same lines they provide open area for families and individuals and make healthy connections with others who live near by. absence of the space e rods the culture and disin great the good
will. developers disregard the personals of space for connecting neighbors. provided the opportunity neighbors credit a sevenls community that is stronger than individuals living alone in a building. when people are able to come together they form bonds that creates caring communities. the backyards in upper china town or social spaces fo to gather. peep there should be allowed preserve their community open spaces thank you. [inaudible]. caller you mode to turn off the
i live my area i live my house is about around 300 feet. i live here more than 30 years. and i know i am in the neighborhood a lot of landlord like to extend to -- eliminate the [inaudible] and use the space to build more apartment. to us, the backyard the open area is very important because the backyard is for us to get for social gathering and all the backyard is for us to get more fresh air and sunshine. and also i know -- a lot of
people they get evicted because the landlord they want to more apartment. so i want them to stop the project. and also i support the upper china town association. and hopeful leave they will e eliminate the backyard. thank you and our third testimony i'm kindy 81ing i will be reading dave u david's teter's testimony. i live newscast neighborhood at 1169 pacific avenue. i'm a registers civil engineer specialized in the redevelopment of blighted properties that have been affected by environmental
contamination. as part of my work i help create spaces that are useful for the whole community. i o pose the encroachment in the courtyard i very much understand the have you of the quiet communal pace for personal reelectrication and building community. my part in is chinese and value the time spent in space here in san francisco or in new york. when we visit family and hong kong. i fully support the upper china town neighborhood association's discretionary review request and ask that you please grant the request. thank you for your consideration. >> and here is our fourth testimony.
in lieu of my testimony i will read within ston testimony. my name is win sustain a research prosecute feszor of commune health sciences and lexurer in the asian american [inaudible] at uc beshg low i teach asian american community health course during fall each year. with 25ier miss community and research and community capacity building. am one of the points i want to make is the personals of stable population with open space. such conscience strengthens neighborhood religions community health and cultural capitol the enformal open space were courtyard in greater china town
vital spaces for family and community gathering for fells to get together [inaudible] a place for neighbors to be neighbor low. for more than a century. it also service as a place for personal relaxation and free expression exercise, reading, meditation, and more outside the home and surrounding community structures. during the covid-19 pandemic period. the informal open space served as a place for refuge. and safety from antiasian hate incidents in the community. i support the dr request and concerns the cultural fabric and safety of this community will be broken if we don't stop here. our upper china town community feel a sense of loss when our
chinese or other families that resided in china town over generations leave. we must stop evictions. if the developments persist we worry one day china town may disappear. our city's chinese fabric gets lost and leave a footprint to reserve the capitol of our communities and reserve of the open spaces for family, community and spiritual connection for our future generations. thank you. >>
>> good afternoon this issan stashia speak on behalf of san francisco attentive's union the weigh are lateraled they purchased the belling at bernard causing displace am of lefrn chinese tenants including people with disabilities from units the the property using move in and relative move in evictions. during the upon pandemic. our concern for the remanipulateingly 73 year old attentive who speaks no english and resided for more than 40 years. we fear the expansions possibility drag out construction will result in a reason-o-verification. this is a project we would not have known about them not being able to reach out to the remaining tenants to ensure rights had a dr not been filed.
communities attentive's association and the file says, quote, we are concerned that the last renter at 49 bernard will face displacement. ask the sponsor to cut out how the plans the impact the tenant will she have to move identity. if so will the payments of 3 monthses sufficient? what about the seismic work of the project that is planned what is the time required to complete the w what does she mean by tenant protected rent. how much will the rent be raised. we know that am a contract can directing out construction times the relocation funds sxendz there is a possibility am that the continuant upon can be the return to her home.
it would be prudent for commission to require a written agreement put in place to ensure the elder low tenant will not be forced out. this developer contributed to the destruction of the fab rescue of the chinese community and not allowed proceed with expansion. the expansion is meant to increase the property value and is in the necessary. police deny the reariard expansion. thank you. >> good afternoon commissioners vice president moore i'm cochair of pacific avenue neighborhood association also, tanner. have advocated for mid block open space for all new and
alteration projects where possible and appropriate. this is one of those case where mid block open space is not only feasible but critical to the health and well being of the surrounding community. the proposed project the concern open space and extends fourth to the rear yard than it stands. healthy community should out weigh the sponsor's plan. our neighborhood is losing critical open space. developed site and building design to establish respect or enhance the mid block open space and minimize img pacts to privacy and access to light. upon different configurations may be acceptable due to site conscience. relay building scale and massing
to the sides and scale existing and anticipated buildings. that is per the sudden fran urban design guideline. districted 3 is the densest neighborhood in san francisco. opportunity for opening up mid block open space should be respected preserved and also further developed. in 2009 new mrgz establishing the pacific avenue commercial district was codified. and that legislation rear yoord everyard cested backs at 45%. to preserve and create mid block open space. the dreaming of spaces where opportunity exists is not only healthy for the immediate neighborhood communities but healthy for entire city with
open space preserved [inaudible] les desirable all enjoy the backyard. however, if the planning commission findses the decks are acceptable they being be setback each level by 10 feet to respect the privacy of neighbors and reduce the noise nuisance. we ask the san francisco planning commission to consider the arguments set forth and instruct the sponsor to preserve and further develop the rear yard. thank you very much for combrur time and thank you for your thoughtful conversation i'm sorry i could not be there today. >> hello. thank you, commissioners for the opportunity to speak today.
i'm taylor and in support project application. i have lived at 47 bernard for 2 years and although i'm not an owner or sponsor it had an affect on my life temperature is truly the disheartening to be part of a conflict with adult neighbors and i personal low spent many nightings sleepless and upset with what this all in to. eviction is not something i take lightly exit have the utmost respect for all cultures and community members especially my close neighbors. my cyst and mother decide they were willing to take a risk on the brink of an epidemic to provide a place for you to start and raise families together ourselves. what started may be naively as a
wornful opportunity turned nasty, very quickly. most recently as a result of their letter our full names were published with inaccurate information the statement that the basement has been occupied and rent collected from the unit. it is absolutely false. this inaccurate information made public causes us to be concerned for our safety in this neighborhood leading up to the hearing. i add in support of my cyst and mother i submit a project application on may 19, 20203 days after the shelter in place order in san francisco. i asked specific low based on the application if the preapplication meeting was required the dr requestors are mentioning. planning later responded they accepted the plans and initiated
review without requiring the preapplication meeting. i will add it is/khrer had we move thered was no public courtyard in use. trash bins were storm in the the become and i dugum bags of trash, old construction material and rusted metal. metal, stick out from the topsoil. letter that we have clearly supports that the statement made by utna regarding the space used by tenants as a courtyard is false. we cleaned up making a space to enjoy nature. my cyst and mother got off on the wrong foot with new neighbors and taken every opportunity to punish my family for this throughout planning d r
process. we continue to try to restore. >> thank you this that is your time. hello commissioners this is ted cal us long time residents. i'm in support of the approving the project. i never upon met until he stopped me on my way to the gym requesting nile signature of support. he refouzed let me seat letter i thought was odd being i'm a residence den. we had a conversation about theed wagz at 45 bernard. and when i asked him why he did not respond. >> i'm sorry. i will interrupt you are a party to the sponsor. the previous speaker. the previous speaker was part of the applicant. >> so -- you need to either submit testimony during rebuttal
or that is your only opportunity. >> good afternoon commissioners i'm sarah a san francisco resident and calling in support of the project. this project is going to remediate house and add a unit by legalizing the previous owner created. if you look at the look at the records there is a litany. complaints and notice of violation housing and building code violation. the kitchen are on the porch the property sell not in a liveable condition. i foind it hard to be the dr requestors are asking the concern owners and tenant to continue living in the conditions.
the project is code compliant and reduced in scope to address the requestors concern. the houses in the neighborhood built first in their roar yard system no reason to deny this project. i know that the courtyard spitz in the dr was credited boy the current owner when is they tidied up the rear yard. i agree mid block open space is important we had the plan code to protect it. this project complied with. both the neighbors and the dr requestor's property have building extend fourth in the reariard than this project will. if the project will be small are than the neighboring property i don't understand how can the intrefr with their life. the code compliant element will add the housing unit and living space to the existing unit the act requires the city to approve
it. separately, the extension in the unit is mandatory under state law and outside the [inaudible] of the dr the planning commission cannot deny [inaudible] under state law. i hear and i'm sympathetic to the concern about evictions the past tenants are in new house and they found it on their own time and the planning department has advised you the concern owners obey all city laws had they purchased the property and submitted an all right in spchlt project and going to be able to stay. then of theidate eviction history is in the something the planning commission can consider under the planning code when exercising dr. it is hard to say a modest code
how long this process be in terms. construction. and how that may impact her and worried this remining attentive may be evicted and that's why we ask this there be a relocation plan that it be written out. and that there be rightace information cldz today is clear how this may impact the last remaining tenant. so, i ask you to please, take the dr, deny this prrth in that is going to already caused harm.
>> goods afternoon planning commissioner i'm sarah within the drushth of the commune youth center of san front. here to urgior support testify dr filed by the china town neighborhood association for 45 bernard. the mission is to encourage young people through academic and community limp. we have been serving the commune since 1970 [speaking very fast] youth in a populated living quarters in neighborhoods. shared the living space with multiple generations. young people are care takers of young are siblings and parent and now they have stresses on theim grant in the [inaudible]
and have heard stories about youth and family worrying about the financial stability many rely on put them in danger of catching covid. and youth and families afraid to go out 18 asian hate and fear of being attacked. sunlight and fresh air give our youth and family respite. i urge you for the commission to support dr application and protect our low income families thank you. >> good afternoon. commissioners. them is steven booth. i'm a lawyer with the tenderloin housing clinic. i families that representatived
the family in household that were evicted. the law today want to talk about the law. how it was broken in this case and i have suggestions. as how the commission miwant on proceed. but i start with this that the eviction notices that were served and there were for you each one of them represented there were 3 apartments on the property. the same time a petition for ad sxushgs representing there are for you on the property. in there are 3 units it makes sense they did when they did. if there are 4 units on the property, they should have the owners should have offered to wovnt families that was e vected a one of the units the other unit they did not list or they
should have moved in that themselves. and that law is listed as then.988 iv there is a prohibition recovery. they can available units. as it arc voted move nothing a comparable unit or arc void offering a replace am unit. we know from testimony is that fourth unit has been used as a rental. yet that was not disclosed in
eviction notices served. but it was put in the application for the ad u and at some point there were rents collected for that fourth unwarranted unit. how does the landlords fwoet one hand say there are 3 units that benefits them to remove the 2 families. they are trying to do manage to their benefit they say there are 4 units. seems to me that is unfair and -- that is bad faith where your timing and evictions avoid offering a unit to somebody being displaced. why could nay not hold an e vision until later >> that is your time. >> thank you.
i'm maue a concerned citizen. the -- no audio. we lost our caller. okay. we will will hopeful low he will call back. last call for public comment in the chamber come forward. remote, press star 3. seeing no requests to speak public comment is closedile think if that call are calls back. we will give him the opportunity to speak. commissioners we had go to rebuttal. dr requestor a 2 million rebuttal and i believe preliminary patterson requested to be recognized i don't see his number. >> i will handle it.
>> very good. brian o'neil despate hat project sponsor paid attorney said. there is no legal obligation to approve the project. it reduced house and in the protected by housing act. this is a pattern of behavior. this project violates code requirements. contradicts the commission social equity ez lugz and inconsistent with policies 3 opinion 1. 3 opinion 5. 5 opinion 3 and 11.9 foster development sense of place and history. it is shocking the be sponsors say evict being 11im grants during the height of covid was a good thing. while at the tenabilities here it is clear that the wrote the
matching letters of support and a requirement of eviction settle am. we heard there is a nondisclosure agreement, we will never know. past eviction don't excuse what the sponsors did. cleared the building that reduced housing. this should not be condoned with a dr building permit this . is the last significant mid block open space make its exceptional and important. it is comparable to history irk preservation. had there are many historic buildings losing one is not critical f. the last history irk building it takes on special perjuries and must be protected. this dr has a thousand letters of passport and support from 7 different community associations. we respectful low and collectively request that you deny the application or most approve it with no expansion
that will destroy the remaining mid block open space. >> thank you. >> sponsor you have 2 minute rebuttal. >> through the chair buffer start i see the caller called back in if we could forward that last caller his time >> go ahead. >> go ahead caller >> thank you. >> i'm sorry i want to encourage the council consider of the fact there was a lot of misinformation in the situation. it seems you got a dispute with neighbors one has a lot of
cultural capitol and if they spread misinformation to attack their neighbor i'm not sure that is the thing we want to be encouraging here in the city of san francisco. thank you. >> thank you. okay project sponsor. okay. thank you so much for your time. i'm tina houston we purchased the property in 2019 with my daughter the goal whole time was to find an owner and relative move inform my daughters were living come working in the city. i find it interesting we don't have a lot in uncommon territory, lot of the fells talked about multigenerational families living together is had we had intended. the basement unit is reference to i thought i might live there my daughters are raising families having a home purchase in the city that supported my
daughters is the goal and that is our intent. taylor mentioned we lived there for 2 years. i wanted address there was a number of points here and 3 minutes will not be enough. one point i want to show the mid space a lot of discussion. if you see this picture in the middle this is what the mid block open space looked like a private year yard the people that is key that yard is ourselves. rear neighbors jennifer and the neighbors on each the corners. the picture that was in your packet is the upper right that is when we furn today into by dig the trash out. taking the tree out and planning that i wanted to show this is the block open space. other points i think what lindseymented mow to follow up in in sum row there are no
xaepgzal circumstances here that would cause the permit or project to move forward. relative to mrs. keep 45 tenant we have absolutely no plan to evict her other than through the reason construction press in constant communication with her daughter we will provide. >> that is your time. >> of okay. >> commissioners that concludes this portion of hearing. and this dr review request is before you. commissioner ruiz. >> i want to say thank you to everyone who came out today to provide public comment. i foal there was a lot of
powerful statements that revealed the housing crisis in san francisco and how there is little affordable house and how serious the issue of evictions are when it does happen finding housing you will be able to foordz and stay in long-term is in the an easy task. i want to acknowledge that. there are a lot of things said. i think it would be grit to hear from the sponsor directly. about their experience moving into the unit. i understand it is you and your sister who live there. and so if you can sort of take me through the process you purchased the building. >> correct. >> issued it was said for eviction notices in the public comment testimonies.
there will be arc legality of questions i can repeat. give us an understanding of who were the tenants this lived in the property? families. seniors? and then- us better understand like i heard your mother say you would like to raise a family. is this your plan to reside in the units and i ask this because i would like to ensure considering i think it was in exhibits d, the list of evictions in this area. which a number of them were owner move in evictions irrelevant stiff eviction. i want to feel confidence this was a move in because you feel like you want to contribute to the mirked and in the a move to you to reside for a few years because you want to then rents
the property and profit. >> >> yea. >> so. >> i would love to hear from you. a couple things i found the most a gregesous mr. booth indicating we move in the the unit. when we bought the property it was a 3 bedroom, 3 unit property it had a basement we bought it as a 3 unit property. the bilt is 8 feet tall an old bathroom. there is in kitchen we didn't buy it thinking this was a unit it is in the. what happened was when we got to the planning department and started talking through this is our plans when we moved in, to 47 that was the first unit that moved out. it became fair low clear to us that -- when we met with
planning they would require us to legalize it because we tucked about the bathroom and things we discovered witness we purchase today and long in the process. there was zero knowledge prior to this. it is an uninhabitable place. but my mother and i decided to purchase the property in 2019 we were looking for accomplices to be near each other i work in the city. at that time was not dating now i have a serious boy friend we want to get marry exclude have kid we work in the city and it is not our intention to flip those and moveute. when we bought it it was in a level of disrepair. we have comments from tenants like that he would not if i can the mildew he would paint over it. just in the a good accomplice to be and we viewed it size an
opportunity to provide compensation may be we are naive to that and fix it up for ourselves and our families. >> the intention youal plan on tailgate long-term >> correct and in the leaving after the 5 years. if we did not want to live here the condition it is in we would not be in it. i have no other home this is is my home. and if i can get personal this is steel. >> you don't have to. i want to explain the context if you would not minds is i was going through a wagz nightmy mom was make sure nile family and i could be near each other this was our goal we looked at a lot of accomplices. this place is dilaptated the prior landlord would not help them. we felt like this was an
opportunity to do something for ourselves and for somebody else. >> thank you. so in terms of tenabilities you used to limp there families >> yes. >> 11 tenants evicted. when we bought property upon there is the disability part now. we are not familiar with the terms a stop hold. >> basically when we purchased the property it was tenant occupied. woman there since 92 and 2 other units 47 and 49 our omi, rmi the girls could live there at the time of this there was one person over 60. and no disabilities. all the disclosures was that was in the the case. the disability filings after we started the process it negotiate buy outs. we tried for 3 months
prepandemic goes become to assessment of 2019. to negotiate buy outs. we went through a 3 month process the stele press you dot disclosures. we completed that process the ends they said they did in the want to negotiate a buy out. they got an attorney mr. booth spoke and they said they did not want a buy out. and we had to get an attorney and negotiated several hundreds thousand dollars. weave could not ford that. we are legitimate low doing an owner move in over time this will resolve itself. went through the channels the proper process bite time the unlawful detainer were issue said we issued a notice of of 60 day notice to vacate we did not
then covid hit and we were frozen in accomplice for a year. they stopped paying rent and not able to process eviction, either. then the families because they knew they would have to vacate they started seek other housing and april of may or july 20 twenty the tenants said they no longermented work in the attorney they found other housing and wanted to be paid the relike fees. we sat down with them at their kitchen table. pleasant experience we paid the relocation fees and gave them a couple months of rent. 6 months later the families in 49 through their attorney indicated they had found housing and interested in moving andments additional machine tow move out. and we went through their attorney negotiateded. they got 4 machining's rent and
vacated and paid them out. >> thank you. per this context. i'm having a hard time feels confident that the folks who were disaccompliced and evicted have secure housing. >> i'm sorry. and i'm also.ing to reference something stated in a letter weave received that 8 of whom of the folks were evicted were elders. little to no command. english language. every time we met with them we brua trans layor every time. every time. >> and the disability it is hard because it is a personnel merit when we initiated it than i had attested they were not and received an attorney and then we received the letters. and then finally if you i hear you on the if they have secured
housing we contacted the fell and one was willing to prosecute viedz that statement. i can provide the text if you need to naik make sure he wrote and agreed states the prior landlord was not a good landlord and they had secured new housing and ammed to move out. if verification that is needed i'm happy to provide it to the commission. yea. >> thank you. i have a question for city attorney because my understanding, is it true that if the owner decides to move out after 5 years of the previous tenants are then legal low allowed to rerent and at the same rent processes that they were paying when evicted.
great question. typically landlord/tenant relayings are outside the purview of planning. this is know area i'm not an expert in. i have the same understanding as you an owner move in has program terand a time limit component and that -- if the individual who move in does not stay for the full 5 years. that unit is offered become to the attentives. that's our understanding and this is begin through the san francisco housing, everything this happened all the notices and everything all the paperwork and exchange back and forth was recorded through this department. >> thank you. i hope whatever we decide we include that in our motion.
that if the owner does move out that we hopefully and i don't know if this is something this planning can do the owner and planning department keep in contact with the folk who is lived in these units. they are contacted if the owner decides to move out they have the opportunity to rent in case their current living situation is not secure. with that i had a question about manage that was brought up in terms of the current tenant. so00 autosponsor are you not collecting rent for the concern tenant. i don't know where this line i was struggling to follow it we do collect rent from her unit 45. living there and we are close with her daughter and willing to
put a letter of support for the correct we have not raised the rent and don't intend to raise the rent. we recognize the right we will work with her and node to pause and move in and out. we are working close low with her and her daughter and there is talking wherever over rescue of us doing i never heard this the r en-verification. we adore her. it is in the going to happen. we are willing to if this makes you comfortable send i letter in to you all that agreement we make with her. it will not happen. >> okay we bought it recognize thanksgiving right and continue
to respect this right. >> thank you. >> just to claire nile the tenant currently living there is in a udu. no. >> no. >> no. >> no. >> i think that what nodes to be clarified the udu is unoccupied the tenant that is there in one of the 3 but legalized. >> the udu show you pictures. entertain in a conversation the commissioners ask a question and when you asked that is the conversation you have but nothing in between. why thank you. >> i think there were condition fusion. udu is not being rented or not occupied there was no eviction in the udu. no tenability.
there was concern the tenability were in the udu and paying rent. okay that clears that up. so -- i mean my main concern, of course is and i irrelevant appreciate. your response and sharing your personal experiences the issue at hand is beyond this project. of because of the housing crisis that we are currently experience nothing san francisco and you know we are sighing many and for years people buy property and flip them and owner move in evictions or relative must have in evictions and vow san francisco a pigy bank to profit. if this is not the case with this project i feel better about it. but again, you know i think it is really up to us as a planning department to potential low talk more about the issue because i know we have very ambitious
goals to not see housing. how do we actually apply that? to -- some of issues we see before us at planning. i think the prior is ensure we protect the concern tenant. i commends the sponsor for agree to return the concern tenant at a reason controlled process and like to see the commission ensure we include that. in a motion we make today. i will stop there. >> thank you. >> commissioner imperial. i have question in terms. udu going to -- you mentioned you will apply for legalize the
ad u. have you submitted an application for this? correct when we submitted the plan and talking with the city, they told us that -- you know it needed to be legalized and that but we could not do it through the standard permit set. but we valid to do it i have at state ad u there are block and the [inaudible] i don't know that might be your area. >> yea. >> can that be -- because yes i'm aware we have the local ad u and state. restriction on the local program if there were evictions of any type a 5 to 10 year holding period the option to pursue a state ad u to legalize the udu. the state ad u does in the owner
move in eviction that happened in the last 5 years. >> correct. or the other wave around. owner move in eviction does not present the pursuant of the state ad u. >> i have to legalize it but you can't through anything butt state ad u we said we are notteen this is now you to. we can leave it as a basement. you node to or ask for cu. that was the upon only avenue the city gave us so we have plans and permits submitted we need to determine that to be able to do anything with temperature it hinges on this greater project. >> thank you. >> the state ad u does not protect in terms of the deed restricted. that it is not.
if you added the ad u under the local ordinance it would being subject to reason coal the state we can't. but in this case because there was an eviction they can't add it. they can remove it. >> that is the issue that -- the decision you made in terms of apply to a state ad u. this commission is very you know we -- have a preference for our local ad u program -- give reason controlled it does cover reason control for future tenants. unfortunately the state will not give that. um -- that is also a concern for
mow in terms of -- yes, it is good to legalize this unit but the future tenants. another question, too is this the addition of the officer deck. looks like in this area as many of the buildings around the area has flat officer. is that correct? >> yes. >> yes. >> and this officer deck will be accessible to one unit. >> was not initial low like that. we had a full set of stairs up and down. we had to reduce the building by 2 feet because of the neighbor issue that forced the redesign it was a function of making sure we have enough open pace and make sure -- all the codes are met. it was in the initially like that it was not our intention it
make it that way but felt with the reduction the fortunate use instead of building a huge stairweland has privacy impact walk down you look in people's unit to credit that open space on each floor. of you know we tried to make it mod evaporated we set it become on all sides 5 feet. you know it is in the going to make anything crazy i live in the top unit and we tried to follow all the rules. >> yea. you can add a roof deck however looking in through we are trying to look in the context of the neighborhood as well. it looks like you are the building that has officer deck all 3 of will neighbors including the petitioner have a
patriot roof deck and the next door nature and all 3 niches have private officer decks. we are on a slope. even though it is a flat roof each bells is set 8 feet that down it is not like i could walk on someone else's deck. well is staggering that helps. the impact to being right next to each other. aller neighbors have roof of decks. good to know. in terms of the there are questions about and the previous landlord, did not actually improve the mid block open space you are trying to improve it.
you are trying to improve the roar yard. which is good the fact is that this rear in regard as you do it now you cannot go back to the track of where the attentives had when than i have a different land lord. in terms of officer deck it is something you know you can say there are 3 roof decks but however a majority of this area may not have this roof deck. or the 2 blocks of that. other question in terms of the tenant living right now.
dushlg kruck hawill help. >> we the work with her and make sure that we secured somewhere it is hard to tell. we may be able to do portions without moving out. we may -- have to work through this if we get through this. it is tough. what we talked to her daughter about we will provide all the required relocation. we can work with her on the time line if we push it a mock or 2 and has time to get her stuff together if we all would have to move out. we have to rip off the back of the building. we are willing to work with her if the relocation is not enough we the community through that. whatever works is when we will do. we touchod it but the ad u and
the reason control it is not our intention to circumvenn rent control we have not raised her rent since we got the property. we have not raised that we are not doing this to be speck welltive we are doing what is expected by planning. and trying to navigate the complicated water its is not our intent it is our option we were told we had to do. >> in this case, you know i'm more in terms of loning toward taking the dr with condition that relocation agreement. >> sure. depart. >> sure and monitored by planning in terms of what commissioner ruiz was saying. >> sure. >> i like to hear had other commissioners say in terms of
the roof deck. i like to direct my questions to a different set of people. i will talk about a different subject matter. >> upon i'm sorry i will asking a couple of different questions my first is to have you speaking as an attorney of rebuttal of the application. speaking about the legal issue. 3 units versus 4 and how you saw it relative to what is in 41 of us the project was purchased or had an political for 3 units. the applicant is saying they thought it was a basement they had a 15a and mailbox and gate make its electric like a unit. could you spoke to that one more time.
it creates a different argument how we look at what is in front of us. >> brian o'neil, so the san francisco recognizes that as a unit. had the original project political was submitted it showed 4 units and showed a kitchen and showed a bathroom enemy that basement unit. recent plan its is now shown as rooms. ad u was pulled out of the project application and submitted separate low. what is proposed now in the project plans show just 3 units so the project before you today would you can to approve 3 units the state ad u application is
separate. and so it -- there is nothing i guess prevenning the owners from not moving forward with that ad u. because it is a separate permit and not before you today. what the tenant's attorney was explaining was that during the eviction process he was not med aware of that basement unit. and so what he was suggest is that if there was an empty u first and somebody does an omi you are supposed to move in that unit. sxf -- they could have legalized that basement unit as an ad u since they were not moving in at that time. and they could have legalized
that ad u and moved in this ad u without evicting one of the families. i think them is an important upon points thap is in front of us the additional confusion here is the solutions that ceiling height in this 15 unit is not sufficient to have a legal unit i hear back and forth can you clarify that. mr. winslow? there are often cases they are not code compliant in bringing them to compliance is making
improve ams that would make them legal. >> that's under the scope of this request. and under this permit 2 feet down to provide ceiling height. >> that's when is under reruin this permit of legalizing the udu2 de feo to provide head room for the unauthorized unit. >> i'm puzzled how that would work the structure is what it is how dig down without altering the building. i will take that. i'm jim houston. >> i did not ask you. >> through the permit application to replace foundation and excan have a bilt to provide head room for the udu
to legalize it. at this moment in the current state, the unit is not occupiability? period? >> not legally that's why. >> okay. mr. lum still here? if you would not mind raising a number. important questions i look at a project like this in the place too many issues would you about your observations and have him respond it your questions. >> i stated in the hand out i give to you, there are major life safety violations with the way this building has been designed. if you conditional have bedrooms that don't have access for escape and also fire rescue. the backyard there it is none of
that. so in this is -- [inaudible]. >> r2 and therefore it is when people don't know when they are doing and used to building single fell or history that is they may not know the codes. this is an urban metro life safety issue. being you respond to this buzz we are talking about what form is this would abouting pursuable or does it node to go back to the drawing board and finds a middle grounds where the technical challenges this mr. lum is sum rising in the learning neighborhood concerns are met in some form y. before i get to technical details and limits of my understanding and knowledge of fire interesting codes. is that it is not uncommon for them to be pursued under a separate permit that shrilled a
separate process. review with the building department, fire department and planning department. original plan that came in under 311 had a review with building department and there were no comments came forth red energies at that point. the reason was they prosecute poseed remove the existing roar wood stair in the rear and provide a flight escape acsesdz the officer deck. of fire escape structure like that is an exception to the rule.
concern state without a meanings of accessing the fire department. the criteria which mr. lum has correct low assessed is this the fire department needs to access the rear. for 22 foot leader. 3 foot wide is the minimum standard. straight shot through. and that in doing so it might diminish or eliminate the size of the ad u. we don't know that we are not the fire department nor building department we don't know if there is another means to accomplish that. if it were so cord to the diagram and if it were it
decrease the size of the unauthorized dwelling urning nit by 25% from the original condition would come become through planning as a cu authorization. we would the commission decide or not on whether to grant that authorization. the project sponsor could apply to remove the unauthorized unit through cu authorization with the criteria found it is financial low infeasible to do so. >> one of the other concern system tht ad u or udu -- that has been applied for is not code compliant. bedrooms the front bedroom has there is not an understanding of the building code by this applicant. and it is unfortunate a
professional was not used in the creation of the design. it does not meet the upon stooshsd of care. but i understand the planning department and staff is in the here to vet building code. but in this case it is more severe issue given the number of units and appalling to me manage that had code issues continues to be resubmitted without correction. this includes the front gate. my occurrence are where we are asked to approve a building that when it ultimate low guess through the sausage factory and dbi it becomes something different. we are struggling with too many issues given the hundreds of comments the minimum i expect them what is in front of us is something that meets in a way to
minimum expectations. no audio. of an approval of a building why we are not having the details we are not substitute for the building department and fire department to look at the final grain of code compliant building or with air function in building be this is what our responsibility is here we are working hard to have that discussion and me asking architect lum on his person to me relative to the decisions i make. my next question. thank you mr. lum i appreciate it. next question goes to mr. winslow. what would a 45% roar yard not looking at reariard average look in this case would you tell mow what that would look like?
yield a building 33 feet deep from the front. the concern building is 42 foot 3 inches from the face of its front property lineful 45% roar yard is 27 feet deep on this lot. the block nobody meets 45%. if you electric at the exhibitses severlow contrained the shortest building one of the shortest on the block.
more open space than any other property on the block. >> let mow say that i appreciate that the rear stair was like a major piece of furniture disappeared. the building has become shorter. but when i look to the building to the west i regret it is over shooting in i american that is too much. i would like to finds a middle grounds in terms of how deep the building can function. in addition to that and this is my personal opinion and i stated that opinion in many other case, i believe that the rear spiral stair case to the roof is bulking out too much. i'm not prepared to support it
requires a tall fire separating wall from the other building bulking the belling out further. why would you not choose a porch like you did on the other flowers for that floor? could you mrin that, please? >> sure my per in exit w from home we were trying to mechanic myself the interior space. the loss of the 2 de feo that was frommor first we push today back and lost another 2 de feo it is now i want to have kids. it is a littles bit of a space issue for us on there we both work from home. space for an office. we tried to maximize the out door space on each floor. that's how our consideration is
we can put in a little office. the space requirement we provide 100 square feet of private space per floor we removed the rear stair that took all of the tenabilities down to the shared space the point in the dr's response was that we were not providing enough shared space or open space. in order to meet those requirements we made that bottom yard private and the top unit have the deck. and we had to cut in 100 square feet out of each to provide open space because of getting rid of the exterior stair. >> you are cutting out. yoof the net result is incoming the open space of the backyard. we put a picture up the rear
yard has a fire exit. would not be required the build suggest sprinklered. it increases the open space of this area. by delete thanksgiving stair. thank you for this. i wanted to say that if one has open space ash joining to one unit i consider this my living pace it is private open pace and understand the covid constravents 2 people work in one smaller unit i'm in the same predicament with my husband we fought for 2-1/2 years. i think that applies to everybody in the room. we are live nothing unit size varying sizes. being you tell me what the existing unit sizes you are in and when you are expecting it gainch >> i know it is 736 square feet.
and the end it is 14% increase in size. right mou we don't have a kitchen we are trying to design it with wherewe get functional spitz the tenant gets space. 736 now and the be 838. 102 feet. 10 by 10 across a 23 foot wide property. a 14% increase it is minor. and set become a couple times at this point we wanted preserve the 3 bedrooms. i think an important piece to point out is that you know right mou it is 1906 design. the initial it is a box a rectangle. 4 rooms and the enclosed porch when i'm in the kitchen there is
exterior window there. it is in the functional. that was the bedroom but no window our tenant sleeps there because it does in the touch up to the sidewalk and does not have a window. we are trying to make it functional and safer. nottest 102 square feet. i appreciate your comments i'm on the 3 blocks over. space in which families with multiple family members with.
at a square footage that was by far smaller than anything you will move into. i don't want to entertain a conversation i'm speaking. and i think we need to understand the measure of scale here. the number of people. for us as commissioners who are in the middle of the most brutal times i experienced in my adult life. people are being disaccompliced and people homeless and no affordable housing available this is a tough project. gi understand. ure might be not to respond. i'm sorry. this is a tough project and i'm trying to find a mitts ground and have been basically not been able to come to land of when we
mead to do. we need to see it now and if an ad u occupied in 5 years i like to know what i'm approving if i don't get it 5 years from now. it is those things and i have issues with the massing of the building in the rear. i could enlarge am of the building is in the outrageous. the amount of scare footage is doable. the stair case is not a consideration for me. nor is the roof deck. a porch would be great and make it a fitting building.
and the comments you raised earlier about -- tenant correction specific -- letter of agreement about what the tenant will be protected for. how long and what form. including a protection this i think would deal with it is life span. are extremely important. i see if commissioner diamond i'm looking at the screen would choose to weigh in. commissioner diamond are you able to share. >> thank you very much. am in response it commissioner imperial's commission about the officer deck it does in the bother me given is presently setback and surrounded by others as we become denser by necessity begin when we are proposing in the housing element i expect we
see many requests for officer decks and think it is present typeset access to light and air. and open pace that would not otherwise be achievable. i'm fine with the officer deck proposal. >> i also this is private backyard space in the shared communal space. as much of the testimony was about light and air and privacy and gained by mid block open space. i agree that mid block open pace is chris cal i don't see exceptional and extraordinary circumstances that justify applying more strict rus to this report property then and there to other property owners. if we think our mid block open space rear yard setback rules are not appropriate we should change them by legislation. i don't by dr.
i'm in agreement with staff's analysis and i not take dr. >> commissioner diamond if i may ask you were you aware that the stair case is on property line and because it is a stepping situation will require full height fire wall against the adjoining property will by appearance bulk up the building in the roar. >> is it per misted by code? >> yes. however it requires a fire wall. so it is not like an open stair it is a stair that is wall in the on one side sit on the property line with the neighbor going to the west. >> du look at that issue. >> i did and it is worth noting the massing that commissioner moore is talking about is -- full height fire wall protecting that stair.
it is within the within less massing than the -- 311 notification proposal that was sent out. the blgdz all on that line extended that height to that height. but 2 feet further in the rear yard. and of so -- it is code compliant. does not seem it is proposing undue burden to the building on 51 bernard. but open to upon finer discernment. >> you say code compliant relative to the stair and number of, those are open questions, >> correct >> code compliant with respect to individual access from a private unit from officer deck. with respect to the planning
envelope. >> mr. lum did you have comment, i would like to move this conversation. >> not code compliant the deck is in the it looks a fire wall at the parapit they miss third degree in the code of the building code. also the bathroom on the top unit does in the comply with code it is 7 foot 3. they don't know the building code on that. there is continues to be a lack of bathrooms like that would be a one bedroom if one was using their plans in the doing the plan check on it. i think that is information is so -- incorrect. i don't know is it a 2 bedroom in the bottom? one bedroom or studio. i don't know how this comparris how you can adjudicate manage that is flawed here.
onthing we refer to the code compliancey of the building. we heard that the code compliant at the bear minimum with building codes. and i also would like to -- in terms of the context of the neighborhood that is when i'm trying to see here. that the dr requestor is referring to the cultural preservation of this neighborhood. yes had is code compliant the shortest building in this neighborhood.
community and [inaudible] [bad audio [[that causing the planning [inaudible]. not look into that. and um -- i'm trying to yes this , is a code compliant building. however, context it. the fact of the matter is to me that bothers mow is this these are evictions this helped in 5 years and whether the land lord are did first negotiations in 2019 and directingod to twoent 21. the families are not living there and they left during the pandemic.
it is conscience which there issue owner move in evictions attentives that the planning departmentmented the units. and coming back owner starting to move out. the recoveried in terms of the -- relocation green light that looks like will happen with the land lord and the tenant. so00 eye think if there is no such changes on the building itself, but i would like to add condition in terms of the when the owner moves out.
and relocation needs to be on the record. those are dpien is should be included in the action memo as findings opposed to conditions. rescue noising efforts of the code and when not. right? and that will be [inaudible] ticking dr with addition to findings orb not take dr with addition on findings. if you are not changing the physical structure and referencing codes that provide the protections to tenants the attorney's office could choim in but making a motion to not take dr and issuing an action memo reflecting those findings.
>> i think this sounds right. not clear if there were other conscience this were being proposed or it was simple low to -- reference the rent ordinances requirements. and may be possible low then -- provide information to the tenant about relocation assistance or obligations under the ordinance. i think that being be accomplished. >> can i get a commitment from the director that this project will be monitored. >> yes. >> we discussed and 3 it back to you in 6 months or a year could be a time frame where there would be relocation agreement or an agreement. we are help to include this if you want to. 6 months in a year report become to give you information on what happened as far as rep location.
>> there is a trigger in the department when a belling permit is pulled up that is member needs to monitor and report back. i'm not ready to make a motion and have a question -- [inaudible]. what you are trying to achieve in spacing the 2 block radius what are you trying to ask from planning? >> yes, thank you. commissioner imperial. when we are trying to preserve is existing mid block santa fes
that exists the block that is north, pacific, taylor and jones the east side of the block is really tinament wagz and further encroach am concerns us. we are okay with they want to not [inaudible] we will give them that. it is just not. they for the benefit of [inaudible] many of whom are -- are in a reason low frill economic situation that [inaudible] the families they will need you heard from -- frank sand about his mom. their caddy concerner to the 45 street. he is concerned about this. and so are several the other
neighbors. they share some of those -- today >> but they ever concerned about the amount -- we have little open space now. they would rather it the commission honor the preservation of the open space that exists. jury rooms that exists. and you don't this means you don't have intention to. you say as of now, there is a 25% of the year yard that is the requirement. that is manage this later on you will [inaudible] [audio break up] push for a different what design you are looking for mid
block open space but this is as of now [inaudible] requirement. thank you for our -- giving us like enlightenment in terms of the cultural aspect of the open space of china town. if you are saying you are okay with this bulk >> we are okay with not the expansion part of it we are okay with if they want to improve their inside of the house and up grid that inside interior we are fine not expand the envelope. i know this is may be where the tension is. that's they the photograph that we showed earlier, they have done had we -- shared with you,
is really is tinament situation. on the east side. and most of the neighbors we did not show you the video of mr. wong mother's [inaudible] disabled [inaudible] [inaudible] the thing they have is to look out the backyard. you know and they don't even have a backyard. they sit in the kitchen with the doors open. and our concern is that this is -- this is san francisco. and this is the most progressive cities in the country. why are we not taking care of our people? >> thank you.
i gathered already enough information from you. this is a very tough decision for me the fact there are evictions that happened and the fact that we have concern lus this allow for this kinds of expansion. it is code compliant but not culturally designed for people who live in this area. not p no not at this point. >> no. no. >> you step down. >> i'm sorry. [laughter]. its okay. so -- i'd like to see what
others say. the only thing i find in a way out of this for us to get out of this today is editting the findings. to do what? add the reason control little planning department monitor the unit had the owner when the owner moves out the planning department will and the relocation agreement be recorded. >> i would like to innerject a comment that is i would foind this larger middle grounds that deals with the physicality of the building. as i see potential issues, relative to the ability of the building changing what is going to come out of this, i want to both make sure that the applicant who brought a building
that needs improvements is habitable and gives them more space. but is also compliant with all the other things to [inaudible] [audio breaking up]. issues pointed out by mr. lum are serious. physical implications for when we approve today. yes. we are familiar with that it does. i see you shake your head that is in the the truth. i'm making a comment to the applicant. anyway. um. commissioner ruiz. gi would like to make an attempt at a motion. if this is okay with everybody would anybody else like to make more comments before i prosecute seed. i -- want to make a motion that
encomp uses from the commissioners if i miss something chime in and i'm open to whatever additional conscience we would like to see. i tried take rigorous notes as possible. i would like to make a motion to take dr. with a condition and include conditions that there is a lifetime guarantee for the life of the tenant who remains not guilty building who is vulnerable allowed live in a reason controlled unit at the same prits they pay now for the rest of their life. that during correction the concern tenant relocated the guarantee the absence the be short and returned it a refurbished per minute if the owner or relatives move out they
will reach out to the priests tenants and offer them the right of first refusal to rerent the unit the rent piing when evictd and site the lufor this. and if we can find the contact information of them so we don't have an issue we can't get a hold of them. and want to make sure i understood commissioner moore's comments that we include this there will be no stair case. and you are talking to the spiral. no spiral stair case. and third floor [audio breaking up] and then i don't know if this is possible the ad u considering that is under state law and no rent control protections can we request the ad u have reason control?
deputy city attorney. these are all admirable conditions i'm going to the ad u questions. technically murder to impose reason control urn the act we need an exchange. that's not present in a state program ad u. that would not be a condition we could impose. cannot require that. we cannot. i'm sorry. and the other provisions regarding owner move in and lifetime reason control i believe that these are all existing obligations the continuant if they stay in the unit for her lifetime would have rents control. but i would not recommend phrasing it that way.
and we can certainly [inaudible] of conscience related trying to track down the prior tenants. that being be helpful in complying with the law. but i would try to frame the obligations in the existing code requirements of the ordinance or the >> state law. >> thank you. >> conscience and we [audio breaking up]. the issue i would like to add is that staff perhaps with some conversation with mr. lum look one more time at the plans so that would in front of us is compliant at a level that will not potential low change the building. all the things pointed out by
[inaudible] are real and since mr. lum is practice nothing that field building buildings. i think it would be helpful for us to have at least the guarantee this is not turning to something different long the way. of and i believe that for the applicant, asking for the porch will be an equal low positive space addition. and i feel comfortable with the way the commissioner w ruiz stated in her motion. >> is there a seconded. >> seconded. >> very good a motion and seconded to take dr add the conditions that there no spiral stair or roof deck.
and that the sponsor make every attempt to gain contact information of the previous tenants. in the event the owners move out to provide them with the first right of refusal. and then referencing the reason control ordinance relate to omi evictions. and then were you interested in report back in 6 monthses after the building permit application is issued. >> yes. >> okay. there is one additional condition i would like to add for the time that the state ad u is in the creating an actively occupied space ugsz the roar yard i encourage the applicant to maintain the open space as green a manner and positive a manner as possible because for many of the people surrounding your building they don't have
anything else but look nothing a space the same in mine i don't have open space i look down and the more positive that pace isseen if it is simple green. we are under water with sections maintained space with green probably good view shed for yourself i encourage that dp make that part of the condition. this will be more work the space is present low. >> the space as to be accessed. not sure we can make that a condition of approval we can encourage the sponsor but i mean not condition they keep their yard in a certain way. >> i would support the secretary's phrasing of that it is an encouragement. >> yes. >> proposed use rather than a requirement. to use it. >> i hear you are given the subtlety was institutes a green space.
on that motion commissioner ruiz. >> i'm sorry the motion also includes just the sponsor's commitment for the concern tenant as well. making sure we are providing and >> dependses on hat commitment is. i believe that commitment is just that the attentive able to continue to live there. for as long as shements to. >> yes. >> that's an existing right under the reason ordinance. i'm making sure. so -- okay. i just yea. i'm being overly cautious to include everything we heard from the sponsor and folks on the commission. our commissioners comfortable with what.
>> we are referencing the rent control ordinance in the d r action memo. >> okay. on that motion commissioner ruiz. >> aye. >> commissioner dimon. why no >> commissioner imperial. >> aye >> commissioner koppel. >> aye. >> and chair moore. >> aye. >> moved that passes 4-1. with commissioner diamond voteingly against. that concludes our hearing today. why thank you.
>> i view san francisco almost as a sibling or a parent or something. i just love the city. i love everything about it. when i'm away from it, i miss it like a person. i grew up in san francisco kind of all over the city. we had pretty much the run of the city 'cause we lived pretty close to polk street, and so we
would -- in the summer, we'd all all the way down to aquatic park, and we'd walk down to the library, to the kids' center. in those days, the city was safe and nobody worried about us running around. i went to high school in spring valley. it was over the hill from chinatown. it was kind of fun to experience being in a minority, which most white people don't get to experience that often. everything was just really within walking distance, so it make it really fun. when i was a teenager, we didn't have a lot of money. we could go to sam wong's and get super -- soup for $1. my parents came here and were drawn to the beatnik culture. they wanted to meet all of the
writers who were so famous at the time, but my mother had some serious mental illness issues, and i don't think my father were really aware of that, and those didn't really become evident until i was about five, i guess, and my marriage blew up, and my mother took me all over the world. most of those ad ventures ended up bad because they would end up hospitalized. when i was about six i guess, my mother took me to japan, and that was a very interesting trip where we went over with a boyfriend of hers, and he was working there. i remember the open sewers and gigantic frogs that lived in the sewers and things like that. mostly i remember the smells very intensely, but i loved japan. it was wonderful. toward the end. my mother had a breakdown, and that was the cycle. we would go somewhere, stay for a certain amount of months, a year, period of time, and she
would inevitably have a breakdown. we always came back to san francisco which i guess came me some sense of continuity and that was what kept me sort of stable. my mother hated to fly, so she would always make us take ships places, so on this particular occasion when i was, i think, 12, we were on this ship getting ready to go through the panama canal, and she had a breakdown on the ship. so she was put in the brig, and i was left to wander the ship until we got to fluorfluora few days later, where we had a distant -- florida a few days later, where we had a distant cousin who came and got us. i think i always knew i was a writer on some level, but i kind of stopped when i became a cop. i used to write short stories, and i thought someday i'm going
to write a book about all these ad ventures that my mother took me on. when i became a cop, i found i turned off parts of my brain. i found i had to learn to conform, which was not anything i'd really been taught but felt very safe to me. i think i was drawn to police work because after coming from such chaos, it seemed like a very organized, but stable environment. and even though things happening, it felt like putting order on chaos and that felt very safe to me. my girlfriend and i were sitting in ve 150d uvio's bar, and i looked out the window and i saw a police car, and there was a woman who looked like me driving the car. for a moment, i thought i was me. and i turned to my friend and i said, i think i'm supposed to do this. i saw myself driving in this car. as a child, we never thought of police work as a possibility
for women because there weren't any until the mid70's, so i had only even begun to notice there were women doing this job. when i saw here, it seemed like this is what i was meant to do. one of my bosses as ben johnson's had been a cop, and he -- i said, i have this weird idea that i should do this. he said, i think you'd be good. the department was forced to hire us, and because of all of the posters, and the big recruitment drive, we were under the impression that they were glad to have us, but in reality, most of the men did not want the women there. so the big challenge was constantly feeling like you had to prove yourself and feeling like if you did not do a good job, you were letting down your entire gender. finally took an inspector's test and passed that and then
went down to the hall of justice and worked different investigations for the rest of my career, which was fun. i just felt sort of buried alive in all of these cases, these unsolved mysteries that there were just so many of them, and some of them, i didn't know if we'd ever be able to solve, so my boss was able to get me out of the unit. he transferred me out, and a couple of weeks later, i found out i had breast cancer. my intuition that the job was killing me. i ended up leaving, and by then, i had 28 years or the years in, i think. the writing thing really became intense when i was going through treatment for cancer because i felt like there were so many parts that my kids didn't know. they didn't know my story, they didn't know why i had a relationship with my mother, why we had no family to speak of. it just poured out of me. i gave it to a friend who is an editor, and she said i think this would be publishable and i think people would be