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>> aye. >> vice president wu? >> aye. >> commoditier? >> aye. >> that item passes unanimously. >> good job. >> is there a desire to take a break or a desire to keep going here? >> we're just starting with the state package. >> okay. let's go ahead and take a very short break. i know we have quite a bit on the agenda still and if we can meet back here at 1:15, that would be great. 2:15, sorry. >> the commission is taking a 15-minute recess. >>please >> we are taking item number 13 out of order and will hear it next. that is case no. 2007.05 58u transit center district plan. this is program implementation documents. >> good afternoon, commissioners, i'm joshua switzky with planning department staff. when you proved the transit center plan in may you also approved the plans program implementation document in resolution 18-635. that program implementation document inventories all the public improvements recommended by the plan and lays out a funding program to allocate the projected revenues from the various funding sources to fund those pro

. >> commissioner wu? >> aye. >> commissioner fong? >> aye. >> thank you, commissioners, that is a unanimous vote for approval. commissioners, you are now on item number 9. case no. 2011.075 2c for 1830 ocean avenue. >> good afternoon, president fong and commissioners. i'm rick crawford of department staff. this case is -- excuse me. this case is to establish a 17,300 square foot formula retail grocery store doing business as fresh and easy neighborhood market in a space formerly occupied by rite aid pharmacy, a formula retail drugstore at 1830 ocean avenue within the ocean ave. nct district. the project will involve some modest interior modification to the exterior entries and windows of the building and new signage for the proposed store. the project would retain 130 existing off-street parking spaces at the property of which 46 are allocated to the grocery store. the store would seek to create a new on street loading zone along ocean avenue and will seek approval of the small curb cut similar in scale to a disabled access ramp to as

. >> commissioner wu. i'm sorry, public comment on this item if there is any. public comment portion is closed. commissioner wu. >> i want to thank staff for working on this. i have made the request last week. thanks, staff, for working so diligently. i'm happy with the language. so, maybe i'll leave it open for other commissioners to comment first. >> commissioner sugaya. >> yes, i have a question to staff. i just want to be on firm ground here with respect to the justification. it says on page 2, the first paragraph, based on these projections and consistent with the nexus study, i read the nexus study. and the next us study says that the impact fee documented in the nexus study is sub poed to be applied in downtown san francisco to fund park recreation, et cetera, and then it says see map 1 at the end of the report. map 1's boundaries of downtown san francisco don't include chinatown. it does include the tenderloin, it does include other areas of densely closed in neighborhoods. it also goes on and says that the impact fee revenue will be used to pay for som

commissioner wu? >> thank you. so, i agree with some of the comments from other commissioners around the public good in terms of transit infrastructure, open space, especially the 30% affordable housing that's going to be achieved in the former redevelopment area, i appreciate ms. moss's comments in looking at shadows, we should be looking at the people they're impacting so i am happy to see the staff went out to do the site visits but i think some of the characteristics of the parks were slightly off, i know there's capacity limits but i think repeated visits to parks shows that sports courts might be used for exercise or people may con ge -- congregate on them, they get used in multiple different ways. so, to that end, i want to talk a little bit about the impact fees. i wanted to understand better how the different impact fees are allocated from the projects and then also -- maybe i could ask staff to answer that question first. >> good afternoon, commissioners, adam from the planning department, i manage our pl

. >> commissioner wu? >> aye. >> commissioner fong? >> aye. >> thank you, commissioners, the motion passed 6 to 1 with commissioner moore voting against. >> second, adopt findings that new shadows and the project, that the project would cast on eight open spaces would not be adverse to those spaces, allocate the absolute cumulative shadow limits to the project. >> second. >> six open spaces. >> commissioner moore? >> i think it might be appropriate for me to repeat my objections to the specific aspect of the project based on how i voted last week. and for those people who were not here last week the planning commission and park and rec together considered shadows cast by this project, however simultaneously we considered shadows cast by 11 other potential building which will not come based on their own merit in front of this commission and can reach a cumulative approval motion for 12 buildings casting shadows on 7 of 9 -- san francisco park which are protected under prop k. i voted against this because i believed that the magnitude of

. >> commissioner wu. >> thank you. so we do have the 2005 conditions in front of us and they fairly clearly state that the business shall be operating as retail store with wine tasting bar. i think it's really hard to support a business -- the business maybe doing well, or sort of a nice business owner, but it's hard to support that the original cu was not followed and i think it sends a bad message to other business owners that they don't necessarily have to follow the conditions of their approval, so i think it's possible for the business to condition to run under the original cu so i don't support the one in front of us today. >> commissioner sugaya. >> yes, if you go on the internet i don't see retail sales and it's operating that way in violation of the original conditional use and seems to me that the argument presented because it's been operating for seven years illegally now it's okay because it's a nice place and the owner is a nice guy and everything else and i couldn't understand the argument because they di

own distinct set of findings, i believe the hearing is for next week. >> thank you. >> commissioner wu? >> thank you. to answer commissioner antonini's question, i believe it is better to put that -- the requirement on the prioritization of the money in a resolution that the commission can consider separately, hopefully next week, can we calendar that for next week? so, that it's clear and there's a chance to be able to review it. following on this train of thought, if i can ask mr. switzky some questions, also in the qualitative description, it says that individual projects must demonstrate that they have refined the building design. i think my question is then, how do you prove that you have refined the design, how do you prove that you have not just taken the entire shadow allocation and just built to the edges of that shadow allocation? >> well, commissioner borden was asking this, i think we can as future projects come forward slow the design refinements and how projects have been shaped and to some extent, it would be on the project sponsor's architects to show earlier versions o

. >> that's one thing and the other question i had was for commissioner wu, i think we already have allocated 9 million dollars for park improvements in chinatown, i think what you were asking to do was to earmark that money and the first money that was brought forth from the exaction and fees to be used for those parks that might be most impacted by any shadows that need the most, is that what you're asking for? >> yes, that's correct. i think probably to keep it the most flexible to now is to allocate that money for the chinatown parks and leave it at that and at the time of implementation for the planning department to work with community stakeholders so see what that is. >> i think that's already in there, the 9 million of the 13 million being allocated for parks outside of the plan area has been designated for chinatown, is that correct? >> you're correct, but the implementation plan does not state any preferences regarding priority in terms of the timing of the different improvements. >> what i'm asking for is the priority, i'm asking for the chinatown priority to have the first priorit

wu. aye. >> fong. aye. >> thank you. that's been approved as proposed. * >> are there any questions in matters? >> commissioner antonini. >> couple items in the news. the first was in today's "c francisco for the top city, i guess doing business, which comes as a surprise to many commenters and somewhat as a surprise to me. we will certainly take it. it might be based upon part of what was written in another article but carl nulte sunday when he talks about the sales force and good things we are seeing. however it was entitled, ignoring a beautiful and ugly city is crazy. i agree with carl. i believe he's made good statements. his comments, not mine, he talked about some of the people on the street. he felt they weren't just foreclosed homeowners but people who have long-term serious problems. yet everybody ignores this, has been for decades. i think he makes good points and ends his article by saying we pretend this doesn't exist. san francisco needs a psychiatrist, which is a well-written article. part of this, there i

wu >> yes. >> when you bought the property, your title report showed 6 units? >> yes. the mls unit on the title report --. >> i understand. you have accepted checks from the tenant since march? >> we did. >> so you knew there was an illegal unit. >> we knew there was unwarranted studio. this is only the second apartment building that we owned at the time. we've never had the case of an illegal unit. we, you know -- frankly, if someone had pointed out to us earlier that the situation was of that type, we would have acted sooner. but we are, you know, we are not real estate professionals, we hold this as an investment property. we actually thought unwarranted studios were, i didn't know the details of the law with regard to this. i didn't know that there was a 9 times penalty for not acting in the situation. i didn't know that there was, you know, there's a procedure you had to follow to make this happen. so we are as much a victim of the previous land lord as the tenant. we're acting in perfectly good faith and you follow the timeline, as soon as we met with our lawyer

commissioner wu's comments about the importance of parks in china town, she is absolutely right. * some of the sros or apartments have no backyards, porches or decks. only a light weld to fire escapes. i feel like commissioner mcgel. my grandfather played an important part in building that since he was a merchant. i feel protective that. is china town's backyard along with the chinese reck center and the playground. hopefully we can afford to protect that a little bit. those are my point. i am supportive of looking at it as an overall plan, as we are doing now. commissioner hillis. >> thank you for the presentation. i have been through a lot of discussions about shadows but this is the first time it's laid out comprehensively. they matter but not necessarily a hard number. though that is important. it is the analysis you did that help us understand when and where the shadow is cast. along those lines, the existing shadows, how are they calculated? take union square, 38.3% is existing shadow. what does that mean? it doesn't mean 38% of the park is fully shadowed. it is a combination of b

. >> commissioner wu. >> linda, i also really want to thank you. we've only had the pleasure of working together for the last eight months but i couldn't have done it without you. i think becoming a commissioner on this commission is one of the hardest in the city and guided countless commissioners through the years. you have been a champion for the commission for the nndz of the commission, for the commission to assert its own important and that is important and also as a liaison for the public and helped them through the difficulty of the planning code and deal with the procedures of the planning commission so thank you. >> commissioner moore. >> i like to say i like to thank you what you teach me and what you teach us every week and that is civil civic dialogue. i think you're an example for making this room a bright discussion, an informed discussion for everybody, and it is you holding all the strings of what is happening in your hands and doing that wisely every week. i only will say one thing about that picture. that was actually taken on th

. >> commissioner wu. >> thank you. if i could ask staff a couple of questions. i also want to thank you for the level detail in this report. i think there's been a lot of questions about shadows over the years . this answers some of them. i specifically want to ask questions about the impact fees. it was stated that the 12.5 million for new impact fees for parks outside the transit area plan. i'm curious to understand who collects the fees, who is responsible for enforcing the fees, which city agency deals with them after they are collected. the fees are collected by the planning department and dbi is part of the building entitlement and site permits. essentially fees are owed before the project can pull its first site permit. after entitlement typically if a large project is moving forward full steam ahead it is maybe a year or so before they pull the site permit. by that point fees are owed. it is part of the standard procedure. dbi won't issue permit unless demonstrated fees are paid. then goes to the city treasurer. in terms of -- more importantly, how the f

commissioner wu? >> aye. >> commissioner fong? >> aye. >> thank you, commissioners. that motion passed 6 to 1 with commissioner moore voting against. congratulations. thank you. commissioners, you are now on item number 14, case no. 2012.09 28 ddd for 2000 20th street, requested discretionary review. thank you. >> are we done? >> ladies and gentlemen, we actually have further business to take care of on the agenda today. so, if you can wrap up conversations can take them outside, that would be great. >> okay. before staff starts, i have a protocol question. when is the appropriate time or how, when, can a make a motion to continue? * can i make a motion to continue? >> you can do that at any point. i mean, we've called the item into the record. you might want to let staff give its presentation. and when you get to commissioners deliberation, make the motion for continuance, or you can do it now if you want. >> if you want to explain your rationale. >> i've had some communication with staff with respect to the drawings and what has been presented to us to consider. an

. >> i am in support of commissioner wu, hillis and sugaya looking at this as a strange cu. if the law is indeed unclear and if indeed the commission at that time five years ago and only commissioner antonini would have been part of that would have been inclined to be nice . the reality is that our role is for to interpret the code in a manner that goes beyond our tenure here on this particular dais. this interpretation is why we try as best as possible to up hold the rules so this becomes rule of law and i believe in this particular case, even if you i am happy to hear that the owner has made contributions to a well liked place in the neighborhood and positive changes in the block i think it is the situation itself and the ambiguity of what was done five years ago where we would only be creating insult to injury by creating more complicated conditions and in the event this owner, and i hope he won't and sell the bar it would remain a bar and could take all the rights and nuisances that come with the definition of bar and for that reason i cannot support this. i make a motio

commission wu, eye. commissioner president fong, aye. that pass says unanimously and places you under commissioners questions and matters. excuse me. >> very briefly, i am also inclined to grant the variance for this matter. this extension modification does appear to be consistent with the required findings for variance, and we will be issuing a variance decision letter shortly which will bring with it a 10 day window to the board of appeals. if anyone would like a copy of that letter provide that to the commission secretary. as a matter of house ceerption we would close the public hearing on the variance as well. thank you. >> thank you. commissioners questions and matters, item 8, commission comments and questions. >> president fong: commissioner antonini. >> commissioner antonini: thank you. yesterday, the joint subcommittee of historical preservation and planning met, and discussed an issue regarding clarification of the position, which can't talk about the details of, but we did have commentary from some of the members of department

. >> commissioner wu? >> so, i have some comments. i don't think they pertain to the nexus study in particular, but i think that overall logic is that chinatown is the densest neighborhood in the city. these parks are the most heavily used in the city. i think the call for a need for a particular attention to improvement is there. i would agree that i would have liked to see what's actually called out to be first in priority, but as i understand, there are c-e-q-a problems or other kind of restrictions that wouldn't allow that. so, i would move to approve. >> second. >> commissioner moore. >> would the city attorney be able to advise as to whether or not there are any other tentative language that could be added in order to satisfy both concerns with other citizens that for parks will take up all funding priorities? and that is their concern. i'm not speaking about myself. that is what the public asked me to communicate. and is there a way of adding additional language which indeed supports the idea of what is implied and described by

commissioner wu? >> yes. >> exhumefong? >> unanimously yes. * commissioner fong thank you, commissioners. the record will show you support the policy many >> thank you. >> commissioners, you are now on items 12 a, b and c. 12 a is case no. 2009.07 24 d at 28 33 to 28 35 fillmore street mandatory discretionary review on demolition permit. planning commission is still in session. thank you. item number 12 b is case no. [speaker not understood] for 28 33 to 28 35 fillmore, manned industry dr on the new construction of that project. and 12 c is case no. 2009.07 24 v for 28 33 to 28 35 fillmore and 2800 vallejo street, request for variances. >> commissioner sugaya. >> i ask the board for recusal because the company is i work for [speaker not understood] evaluation of the property. >> recuse commissioner sugaya. on the motion to recuse mr guy commissioner moore? >> aye. >> [speaker not understood]. >> commissioner sugaya is recused. >> good afternoon again, department staff. the case before you is mandatory discretionary review f

. >> president fong: commissioner wu. >> vice president wu: thank you. i'm also, as the rest of the commissioners are supportive of this idea of the bus -- market street. i liked hearing this idea of the connectors and nodes and supportive of what commissioner sugaya mentioned regarding trying to reenforce what already exists, looking for where there's activity and building upon that. i also liked hearing the presentation of principle around being inclusive. i was having a conversation, i think it was with commissioner borden around what if there were such a thing as a services parklet for people who are homeless. and i think that it sort of just seeks to understand who's already on market street and how to maybe address the needs of all people. and then the last thing i want to talk about is pedestrians. so you just mentioned that it's about 50% pedestrian. everyone anticipated of their trip is a pedestrian, if you drove, if you took transit, on and on. so i appreciate all the looking at the tradeoffs of what happens about the different sort of conflict

wu wong playground were phil ginsburg and i just played a little bit of tennis. [applause] a dubai could just say for the future with this building is for -- and if i could just say for the future what this building is for. if you look around, there are not just hundreds of adults here. we see kids. we see lots of kids. i know that there are children among us and young people among us will be our next leaders here in san francisco. they will follow scott wiener, eric mar, and myself and the board of supervisors. hopefully someday they will follow major lee has the next mayor of this city. and, as a basketball fan, i hope they also followed jeremy lin in being able to play for the future san francisco warriors. [applause] so thank you for being a part of our history. thank you for being a part of our present. thank you for being part of our future. thank you for being part of san francisco. [applause] >> thank you, david. david mentioned the 2008 and the 2012 park bonds but those are a creature of the city's 10-year capital plan. i want to recognize the leader of

. >> hola wu tal amigos, sin lluvia de momento con tiempo cálido y seco y brisas de hasta 20 millas por hora, seco en california las próximas 48 horas y del golfo de alaska viene un frente. bastante desmejorada la tormenta tropical, en el centro norte seguira el calor, pero a partir del domingo o lunes tendremos precipitaciones. m. >> esta tarde se llevo a cabo un homenaje del consul stevens , al acto en honor del embajador fueron muchos mandatario. >> es triste estaba enamorado del mundo arabe, >> murió en el ataque en bengasi a la embajada en libia. >> y el dormir mal reduce la respuesta de las células y podría derivar en obesidad, diabetes y otras enfermedades. >> ♪. >> (comerciales). >> ♪. >> el actor mexicano recibirá un homenaje por cambiar la vision que el mundo tiene de los indocumentados pues mostró que por el trabajo duro que se mostró en la película el esfuerzo de los inmigrantes. con esto llegamos al final de esta edición, muchas gracias por su atención, muy buenas noches. >> (comerciales). se originó el brote de meningitis, maestros protestan por estudiantes

eric wu, they give for stepping forward. -- thank you for stepping forward. iris, thank you for being here. kyren, thank you for being here and being part of the effort. lily, thank you for stepping forward. mia, thank you for being part of this. mia, thank you. nicholas persky, a key for being part of this and stepping forward. -- thank you for being part of this and stepping forward. paul rodriguez, thank you for stepping forward. rachel broadwyn, thank you. sarah armstrong, thank you for stepping forward. vanessa, thank you for being part of this. vee, thank you. that is our commissions. let us proceed with the swearing in. stand if you can and raise your right hand, those that can do so. please repeat after me. i, your name, do solemnly swear that i will support and defend the constitution of the united states and the constitution of the state of california against all enemies foreign and domestic, that i will bear true faith and allegiance to the constitution of the united states and the constitution of the state of california, that i take this obligatio

and i want to start wu. burned out workers helping the economy. how does that work? >> if we live in utopia they would skip to work and share cookies on the coffee break. we are seeing even though people are in jobs they can't stand. myself not included. you go to work because you have pay the bills and keep yourosholted going. you are not quiting on yourself and that is part of the american drive that is keeping the going. >> is it good that 63 percent . workers feel stressed out and extreme fatigue. is that good for business? >> no, it is not good that americans are feeling stressed out. we are in bad economic times and have the lowest labor participate . 37 million americans are in poverty out there. but the fact that americans show up and go to work. it is what the greatest generation did in world war ii. i have been over to see what our soldiers are doing. times are tough and merrence are stressed and we have structurally high unemployment and america is n used to that. but americans show up to work and plow ahead. >> more americans say showing up to work is a n