Are you going with this look into your crystal ball and allows this Historic Resource to continue but really prevent the behavior that occurred here as to how you might have a solution. I mean unfortunately, i think that ultimately thats a bits beyond our reach of the Planning Department to regulate the behavior of every events through there weve heard they have the it is about having the hoa roobl to the residents and to insure they tell implement and exteriors the rules they say theyre going to again, the answer well someone was not doing their job. So more shocking and appalling the violation continue after the variance hearing we had we got a complaint and reverberation were in violation of the noise element and so really the responsibilities of hoa they come up with a variety ever ordinances they need to take responsible this is their responsible to make sure the rules are enforced if we felt by the prohibiting the use of facility not consistent with the historic use as stated by the hoa to us and probably the best tool to remedy but could have said only members and limited to no more than 60 events in the last decades. But still call my friends i live in the marina and call any friends and lopez street he want to have a party or my daughters wedding the rules will be broken. Yeah. But. Certain level you cant control. I think that is fine. So what happens here is that the hoa has to selfgovern the city the city says its okay. You have to go back to the future or go back to the past and this is it is and on behalf of yourself no guarantee theyll on behalf of themselves and to have a member voucher for that them nia they need to impact and have safeguards and have rentals to nonmembers continue well will pursue enforcement the goal here to have something that is going to be better for the neighbors to address their concerns but not do it in a way more than 60 events he feel flexibility to the space but youre right maybe our association didnt go far enough to resolve the problem. How many events mr. Sanchez. 2015 the total number was one and 10 in 2011 up from the previous afternoon of 60 prior to the restoration so after the renovation of 2015. Do you think that 60 is a good number. Sorry to interrupt. Typically in my experience the situations occurred and neighbors lived next door to a hotel a kaefrt facility or do something hefk different their strike regulations on hours and strike regulations how many of them can events can occur on a daily or weekly basis but basically that is something that is an excellent point when i have a hearing we heard there was progress being made there were additional restricts and rules they would implemented and i think that resulted in not going further but the restrictions can be further we could impose be conditions on the hours or the number of events and the past practices if the association cannot do it themselves then maybe yeah. Thank you mr. Sanchez. Actually could have required them to if they wanted this covet kind of operation commissioners, the matter is submitted. Ill start. Go for it. Im pretty appalled what ive heard im trying to say not a whole lot beyond that were somewhat limited in what we can do and so very briefly me dilatation to uphold the vas decision it was appropriate just allow matters to run the course i think that the course for the neighbors is are means outs i outside of your jurisdiction. I concur the reason this is here the hoa or management of that facility didnt respond to its neighbors on a timely basis at this time the fact theyre talking because theyre here so if this if work i have no problem you know limiting the numbers or making recommendations for limiting the numbers of events at all so i will accept if thats your motion any other commissioners. Ill make a motion to deny the appeal and uphold the decision of Zoning Administrator on the basis it was appropriately issued. I suggest we have a error of discretion. No error or use of discretion. On that motion from commissioner lazarus to deny the appeal and hold did notice of violation that the Zoning Administrator doesnt railroad error. Commissioner president honda. Commissioner swig. That item passes with a vet of 4 to zero and commissioner president honda theres no further business before the board this good afternoon and welcome to the id like to remind the members of the audience that the commission does not tolerate disruptions of any kind. Proceedings. And when speaking before the commission, if you care to, do state your name for the record. Id like to call roll at this time. Commissioner fung commissioner president fong commissioner Vice President richards commissioner johnson commissioner coppel commissioner mondejar welcome and commissioner moore. Commissioners we do expect commissioner hillis to arrive shortly commissioners, the first item on your agenda is consideration of proposals for continuance items one abc for cases pca and 2012 pca for the academy of art academy of Art University are proposed to november 17, 2016, items 2 abc d e f and g for cases excuse me at the van ness avenue conditional use authorization case2211 van ness conditional use authorization and case no. 2007. 10 at 1916 octavia street conditional use authorization case pine street conditional use authorization, case 867 sutter street conditional use authorization and case bush street conditional use authorization and case 1153 bush street also a conditional use authorization respectfully are all proposed until november 17, 2016, finally commissioners item 3 for case the upper market planning code and zoning map amendment is proposed for continuance to september 29th not november 17th as i just been advised by our legislative analysis no other items proposed for continuance, however, one speaker card. calling names on the items property for continuance zane. One second okay. Thank you. Good afternoon commissioner president fong and members of the Commission Im zane respecter the academy of Art University the academy requested a continuance for the items previously schedule for october 6th to allow the negotiated resolution as you may know the city of academy are engaged in settlement talks the City Attorneys Office and the academy have related matters in litigation for 60 days you requested a continuance to facilitate those and to finally resolve all the issues the one the academy and the city the academy is grateful for the opportunity to have a meeting mooechg be dialogue with the city directly toward a global and appreciated granting the continuance id like to submit for the record letters for the academy that had been provided to the academy before the continuance was discussed okay. Thank you. Before calling cynthia gomez. Good afternoon, commissioners cindy that research nasty just want to make brief remarks for an item for continuance for something the commissioner commission to consider we represent most of you know. Im sorry ms. Gomez the only issue can be the matter of continuance not the project itself. Then well have to hold your remarks when the item is brought before you i believe is november 17th. Thank you. Thank you. Opening to other Public Comment. On the items proposed for continuance okay not seeing any, i believe Public Comment is closed. And director rahaim. Thank you good afternoon, commissioners just wanted to speak to the question of the proposed continuance by the academy of art we reviewed that request and i wanted to explain why the staff is supporting the continuance at this time we building this will allow sometime for the discussions on a global settlement we firmly believe that a global settlement is the best way to approach this to settle this longstanding issue between the city and academy we want to moor that has Public Benefit and addresses the policy concerns youve raised none possible on a site to cite visit you this will allow to look at issues for a Public Benefit in a broader way i want to make this clear and to the Academy Representatives we are cautious about continuance in this regard im interested in having a series of continuances but only to make sure that we make substantial progress along the way and we will be making a Progress Report on the settlement with respect to the lawsuit at a closed session with you all on november 3rd and just to be clear there were projects that were proposed for october 6th partially noticed well be asking you to continue the projects noticed for october 6th also to november 17th as well in light of the discussions we feel weve made progress and that will allow us time for discussions in this case were supporting the continuance to november. Commissioner Vice President richards. Powerful to approve all the items 1, 2a. Second. All items as proposed. All items as proposed. Ill second it. Thank you. Commissioners, if theres nothing further, there is a motion that has been seconded to continue all matters as proposed and just to clarify item 3 to september 29th commissioner hillis commissioner johnson commissioner coppel commissioner mondejar commissioner moore commissioner Vice President richards and commissioner president fong so moved, commissioners, that motion passes unanimously 7 to zero commissioners that places us in the consent calendar consent calendar, are considered to be routine and may be acted upon by a single roll call vote of the commission. There will be no separate discussion of these items unless a member of the commission, the public, or staff so requests removed from the consent calendar and considered as a separate item at this or a future hearing. Item 4 case no. 2015 Market Street conditional use authorization you may recall this was continued from a previous hearing opening up for Public Comment on the item for proposed for continuance. No, this is consent. Content im sorry not seeing any, Public Comment is closed. Commissioner moore. Move to approve second. Thank you commissioner moore commissioner coppel and commissioner mondejar with apologizes i didnt direct you to review this matter he miss it because you were not yet seated and not able to vote on this. Commissioner hillis commissioner johnson. Commissioner moore. Commissioner Vice President richards and commissioner president fong so moved, commissioners, that motion passes unanimously 5 to zero commissioners that places us under commissioner matters questions or comments. Commissioner Vice President richards. Yes. I have one question maybe yes or no to the director or director in the settlement were reached will it came back r come back for approval thank you a couple of things drs that are complicate because of the rain and height and one specific on i know a analysis for the abbreviated analysis dont call for a 3d rendering but in the one a 3d rendering by the time he got to it id like to take a look at make sure that on some of the complicated things renderings thats something we can discuss as commission matters session the other one that more than i picked up a paper and thank you brisbane redevelopment i dont know if you saw there are 6. 9 million square feet of commercial space and no housing to quote i coupled up my coffee the mayor said will provide brisbane the commercial space but San Francisco will provide the housing i think that is atrocious. Okay commissioners, i want to take the opportunity to officially welcome commissioner mondejar to this commission and we know her through other work and other commissioners for having to share our thoughts and experiences with this great city and welcome. Thank you very much ive worked with many of the commissioners in other areas City Government so im happy to be here and also bring the recent lens the building inspection that im working with planning thank you. Commissioner johnson. Thank you very much and welcome sxar very exciting to have 7 full gang up here so just real quick because i was party to the last hearing i dont know if anyone talked about the Controllers Office report on the inclusionary housing this month i sit on the board of spur and a couple of working Group Members had a presentation it was fascinating i think this is the report that was required as part of prop c the original deadline in the measure was july but they have now issued september and among other finding first of all, the whole thing is backed up by the housing simulation it is fantastic i dont know if the Planning Department worked with that the Controllers Office had a consultant but they did a really good analysis an residual land values for the closings requirement not was able to draw the bright line in you increase this level of projects will be feasible for areas that are zip code for residential but showing you know showing from a green to red sort of color scheme where you start to have a loss and being able to extract the land value with the inclusionary housing requirement and in addition some i wouldnt say eye opening but impacts were seeing finding on increasing the inclusionary housing requirements give us more but a rapid increase in value the remaining marketrate more bmr units but less expensive that was among a few of the findings and recommendations around the Density Bonus Program to look at the Density Bonus Program and its impacts on housing with increasing inclusionary housing requirement and a recommendation to do step up. 5 percent per year stepping up to the 2025 level i encourage everyone to read the report those are cue of 8 findings the working group had and informative to the board and the Planning Commission. Commissioner moore. Commissioner johnson reminded me last week about the idea of us attending the Market Street festival any progress on doing that . Dont think so at this point well try to get. Just remind me to see is that will be great. Okay. Thank you. Commissioner Vice President richards. Just one more question piggyback on commissioner johnson id like to have the information on that rePort Commissioner. Commissioners, if theres nothing further, well move on to move on to Department Matters directors announcements. Thank you commissioners again ill my welcome on behalf of to sxoel and commissioner mondejar great to have you thank you for joining us and the work that is coming in advance and we look forward to working with you feel free to call on me or staff and need 101 training well get you, you up to speed as as quickly as possible. Secondly, the 34r579 was very much involved in the controllers study helping to do the modeling and pleased to be part of that piece of work and happy with an informational it effects our work and thirld with the brisbane proposal that i received a lot of emails and questions from both this building outside of this building on that proposal theres a lot of regional concern about the decision it brisbane made to not include housing on that site ill say that is my perspective disappointing given other communities are stepping up and there has been a lot of discussion about both within the city and outside of the city on this issue right now ill keep you informed whether those discussions are further but certainly theres a lot of people that share all the concerns about having the site of that size without housing well keep you informed. Again, thank you. Commissioner moore. Director rahaim can you expand that discussion a few weeks ago you talked about the citys governance do people have to conform to Regional Government im asking a question about you, fully address at some other point but. Again not the planned bay area their Priority Areas part of planned area ass Priority Areas deal with happen an transit corridors it is because regional governance does not have a legal responsibilities per say no requirement for cities to meet those tarts but i think what well do is scheduled and public hearings on the planned bay area and on the kind of legal ramifications, if you will, meeting housing targets. Commissioners item 7 review of past events board of appeals and Historic Preservation commission. Good afternoon aaron starr, manager, legislative affairs. For the Planning Department. Land use heard the mid block terrace the origin will rezone from rh1 to rhd1 family detached this commission heard on august 11th and recommended approval at the Land Use Committee significant Public Comment and most commenters were referencing the neighborhoods are in support of ordinance, however, opposition to the rezoning and those opposed felt this was a down zoning and was taking the city in the wrong direction by not up zoning to rh3 and the zoning change excluding the neighborhood from the ada theyre not allowed to participate in the adu program, however, their eligible to participant in the program that is more permissive for those of you who dont know supervisor wiener felt this neighborhood should be subject to the citys adu and offered an amendment felt the state program was in effect for thirty years not used and while he initially supported it in the carve outs shouldnt building it should be expanded to neighborhood supervisor yee felt he wants more time to reach out to his constituents and that file be split and one amended supervisor wiener proposed amendment and one not allowed to move forward to the full board supervisor peskin for his part of the that the rhd1 to the adu program and wanted to show the deference to supervisor yee by allowing time to reach out to his constituents and the amendment was made to the full board without recommendation a si