The new we are seeing is just black buildings completely flat on the street level. And they have a rooftop where you can have a deck or this is their new recreation area. New folks that come into the neighborhood no longer get to experience the community as a whole. So these guidelines our beautiful, Historic Buildings from turning into a moratorium of black. Thank you. Thank you. Next speaker, please. Hello. I am a life resident of the mission. Lived all my life off the corridor of 24th street. And weve seen many changes coming into calle 24. And i would like to ask that you support this new design that we are trying to put in place for the regulations. So thats all i have to say. Thank you very much for your time. Thank you very much. Any other Public Comment on this item . Okay. Public comment is now closed. So i totally support these guidelines. I know folks have been working for many, many years to get there. Thank you to calle 24 and eric specifically and the planning staff for getting it done. So i just wanted to ask dont give me eric, but is every single one of these pictures in talking about the designs, theres ficus trees. I know its a controversial item but it adds so much to the aesthetic and the experience of walking up the street. So do these guidelines at all address that issue about street trees . We do recommend that new street trees be planted by developers and when they do new developments. I think currently a lot of the ficus trees are being removed for some safety issues. But yes. I believe that as well. And so thats why i asked the question about whether our guidelines address that or talk about the aesthetic of trees because what tree and what height and how do they yeah. Thank you. Yes. Thats one of the things that we talked about during the planning sessions is how those trees can be included at least in policy at least to talk about how they are part of the character of the neighborhood and how they are historic with the development of calle 24. So we were hoping to have something in writing. And i think there was a few lines in there that i see. So maybe you want to okay. Thank you. Yeah i mean we certainly recognize the importance that the character that the trees help create on 24th street. Its like its very unique and very special. The particular species of trees the ficus, i know that public works has kind of identified that as a problematic species throughout the city not just on 24th street and the mission because of maintenance issues and actually safety issues with branches coming down and crushing cars and so we didnt recommend necessarily that we replace the trees with ficus trees. But we do there is a guideline in the document that discusses the types of trees and kind of the character of trees that should be considered when they are being replaced, especially by when a development a building is required to install a new street tree. So there is guidelines and recommendations on that. Okay. Thank you very much. Commissioner richards. A few years ago, i read the pink section and i brought in something that i brought in that was really relevant to this specific area of calle 24. In 1990 so 25 years ago in 2015 when i saw it but hernandez said we need to make 24th street some special district to keep its contractor, blah, blah blah character blah, blah, blah. And this is a wonderful addition to the set of urban design guidelines. Its incredible. Really well done. On the ficus tree thing, i have one in front of my house and it fell down and crushed the car. So nobody got hurt but the car got hurt. I move to approve. Second. Adopt. Thank you commissioners on that motion to adopt the calle 24 special area design guidelines. [roll call vote] so moved, commissioners, the motion passes unanimously 50. So folks, that was item 15. And we have 27 items on the agenda. Plus or minus one. The next item is very long. So im going to take the opportunity to give us a little break because we have a long night ahead of us. Forgive us that we are down to five. And so biology dictates that we have to get up a little bit. So i think 15 minutes, if thats okay. Good afternoon and welcome back to the San FranciscoPlanning Commission regular hearing for thursday, november 21st, 2019. The commission does not tolerate any outbursts of any kind. Please silence your mobile devices. When speaking before the commission, if you care to, state your name for the record. Commissioners, we left off on your item calendar sixteens a through 1680 through see. Multiple properties owned or leased by the academy of arts university. You will be considering the adoption of findings for ceqa and recommending the Development Agreement and a master conditional use authorization. Good afternoon commissioners scott sanchez, Planning Department. We are pleased to bring you this package to resolve the longstanding enforcement issue. This dates back to 2006 when we first got our first draft of an into douche institutional master plan. During our review of that document we found there were numerous properties that were in violation of the planning code and subsequently proceeded to have enforcement action on those properties beginning in 2007. It was a lengthy process that resulted in Environmental Impact report as well as an existing memorandum, which we are which was reviewed in 2016. The existing technical memorandum is a unique document. The commissioner who [indiscernible] also in 2016, the City Attorney s office initiated a lawsuit against the academy of art university. We entered into settlement discussions. During the course of those discussions, which lasted several months, it resulted in the term sheet for goal resolution, which the Commission Reviewed back in late 2016 or early 2017. That set forth significant benefits for the city and for its residents to resolve these enforcement issues. We happen working diligently with the academy to implement to that, and that is what is before you today. It is to implement what has been agreed upon in the term sheet for resolution. That document was subsequently updated a few months ago, as well as the e. I. R. Addendum last month. Yesterday we were at the Historic Preservation commission where they considered the d. A. The developing to agreement that is also before you, as well as master permit to alter and master certificate of appropriateness to allow for exterior changes to the buildings to legalize those properties. We also initiated and adopted ceqa findings yesterday. That was unanimous approval. We are here today after a long time also a lot of hard work by the entire city family. This has been a contribution from many city agencies, not only the Planning Department, obviously the Mayors Office of housing and community development, and the department in the department of building inspection and the office of the City Attorney. We couldnt have done this without their support and the assistance of the City Attorney. There are too many people here to mention that have contributed to this, but i would like to single out a few of those. Versus andrew perry who will be giving you the presentation today. It is hard enough to thoughtfully and diligently reveal one project let alone dozens of them and one entitlement. Andrew has done an exemplary job in preparing for this hearing and taking over and mastering the subject. Also Kristin Jensen who has been our lead in the City Attorneys office. Without her support we never could have achieved this. I am tremendously impressed by the staff at all levels that have worked on this item who couldnt we couldnt be here without all the hard work of the staff. We have a large contingent if you are available if you need to answer questions. Andrew will give the presentation outlining the Settlement Agreement and the Entitlement Centre before you today. We do have rick cooper and our Environmental Planning staff. We also have dan adams from m. O. C. D. And joe barber from the department of Building Inspections who can answer any questions. We have Planning Department staff who are planning and preservation specialist who helped us get over the line yesterday. I would like to thank the contributions of Chelsea Fordham in getting the Environmental Impact review prepared. But without her significant contributions, we never could have gotten to this point as well. With that, ill turn it over to andrew perry for the presentation. Thank you. Thank you scott. Good afternoon commissioners. Andrew perry with department staff. Mr. Sanchez provided you with a background and understanding of the projects history and how we arrived to this point today. I will spend a few moments discussing the actions that are before the commission in order to move this project and lawsuit towards final resolution. Prior to any other action, the Commission Must adopt ceqa findings including a statement of overriding considerations, for which you have a draft motion in your packet. The e. I. R. Was certified in 2016 and an addendum was published in october of this year. Second, the Commission Must act on a resolution with a recommendation to the board of supervisors regarding the proposed ordinance, which includes the adoption of a Development Agreement as well as the planning code amendments that are necessary to implement the project. On the Development Agreement this is between the city and the academy of art university. Provides the mechanism for city approvals consistent with the Settlement Agreement and term sheet. The basic elements of the development include the legalization of academy uses as 34 properties throughout the city. The 34 properties that would be used include three new properties that have not previously been used by the academy. It also represents the withdrawal of the academy use at Nine Properties. In legalizing these pieces, the academy will be required to obtain all necessary permits to bring the properties into compliance with relevant city code. Second to develop and agreement calls for the legalization or the corrected modification of past building alterations that has been made without permit, especially in cases of Historic Buildings. Third, payment by the academy and its l. L. C. To the city of an estimated 58 million this includes an Affordable Housing benefit of approximately 37. 6 million to be used solely for Affordable Housing purposes and an estimated 8. 228. 4 million to the citys small sights fund. The balance of the monetary payment includes Civil Penalties reimbursement for planning enforcement cost, unfair competition law penalties and payment of impact fees. Although it is not a payment to the city, the developed agreement requires the academy to provide munimobile passes to students and staff and limit shuttles to routes that are not readily served by transit. Fourth the agreement includes a Student Housing metering agreement, by which the academy agrees to provide Student Housing based on specific percentages of their fulltime on Campus Student body, with those percentages being subject to increases over time. Student enrolment is tied to housing availability and importantly, when providing additional Housing Resources in the future, the academy may not do this through the conversion of existing residential housing. Some conversion of nonresidential buildings are permitted options but would primarily come from new construction in areas zoned for such uses. Fifth, through the permit process, a proposed swapper Residential Hotel rooms subject to an ministry of code chapter 41 which works as follows. Academy properties are located at 1080 and 1153 bush street. There are Residential Hotel rooms between the two buildings. Another academy property contains an existing mix of hotel rooms and 39 Tourist Hotel rooms. Through the legalization of the academys use at the Center Street property, the tourist rooms are being converted to Residential Use Group Housing and then under the proposed permit to convert application, those rooms will take on the chapter 41 designation as replacement units while the designation is removed from the rooms at the bush street properties. The result is that the city will gain Residential Hotel rooms at the 860 centre property. Lastly a developed agreement includes various timing and enforcement provisions, setting deadlines for one the various other elements of the d. A. Must be carried out and the citys recourse should they not occur. So that is the Development Agreement, but then also included in the proposed ordinance are amendments to the planning code that facilitate implementation of the project. Procedurally, the amendments create a consolidated improvements project for large postsecondary Educational Institutions such as the academy , which is referred to as a master conditional use authorization. Yesterday, as was mentioned the Historic Preservation commission considered and approved similar applications in the master certificate of appropriateness and master permit to alter. Effectively any number of individual conditional uses and also Building Permits can be socked together under the single master conditional use. So its important to note that things that may otherwise have only required a Building Permit are being elevated for Commission Review here today. Additionally, through the amended the amendment allows for the Planning Commission to grant exceptions through the process. At that may be necessary to implement the project. They are discussed in table one of the draft conditional use motion and are listed on the property summary sheets, which is exhibit e of your packet. Many of the exceptions needed are for bike parking be at the required number of spaces at a given property, exceptions, the access path requires navigation of a few steps. Or provide vertical racks instead of standard class one spaces. The department went through a rigorous look at each building to see where bike parking could reasonably be provided and the department supports the spaces that are being proposed along with the exceptions needed. Where sites are deficient in bike parking the d. A. Calls for payment of an in lieu fee. Other common exceptions being requested are from open space and rear yard requirements which typically occurs when a building is changing use from a nonresidential use, typically a Tourist Hotel, which doesnt have open space or rear yard requirements and changing to a residential use which does. Many of these buildings are legal noncompliance with respect to rear yard setbacks and the only way these properties can provide open space would be through new roof deck construction. And then there are two last things to point out as part of the planning code amendments. First, where the city is compensated for the loss of specific residential units through a Development Agreement the restrictions of section 317 e. , which is the conversion of existing residential units to Student Housing may be waived through the process. It is worth noting this code section was added in 2012 prior to which the coach did not differentiate Student Housing and also this is after when the academy had already occupied these buildings. Given that space code applies to the project, this would need to be lifted at the sites to allow for conversion and legalization of Student Housing today. Second, where the development authorizes the conversion of no more than one building subject to section 202. 8 of the code, institutional used, the requirement of that section could be matched through the master conditional use. [please stand by] for commercial Storage Private parking at 2225 jerrold avenue in the bayview. The two primary cultures also have campus buildings in the financial district and south of market areas. The proposed uses are principally permitted within their zoning districts. In other districts properties may require conditional use for the Postsecondary Institutional use or for residential property, conditional use may be needed for group house affiliated with Postsecondary Institution or Group Housing generally as is the case in the hh2 district. Certainly residential properties, conditional use is being requested for private parking use. There is the case of 950 van ness which was just discussed which is private parking for the classic vehicle collection. But for most other sites the private parking requested is parking that already exists but would no longer be used in an acce