motion. there is already testimony here. this is being advertised as a sports bar and not a restaurant. there is a direction disestablish mistaking. -- this establishment is making. there is a continual assault on the neighborhood character. north beach has been a place for people have lived and worked. over the years and decades that north beach has had this particular characteristic, this is catering to a number of different types of people,

people with different interests, people who live there, they have always been able to maintain a balance. the problem with various requests we have been getting is the balance is going away from this neighborhood character. we don't have any information from planning staff with respect to other entertainment facilities in the area. we don't have information from the planning staff that says that there are other machines in the area. we don't have been for permission -- information or a floor plan that shows where the tables, chairs, stools, and everything is with respect to this establishment. we don't have any information that tells me whether the merger of the two storefronts are in

excess of the square footage for use in this area. maybe you got back to me, mr. crawford, and i apologize because i did not read the last e-mail. this is not in my pack it. i think that necessary and desirable terms not just on one particular establishment but also a pattern of development going on. all would have to agree with the police department that based on this bringing to broadway, this is a very delicate area. we are not up on grand avenue. we are right next to the entertainment zone. anything else that continues to increase the possibility, we are already looking at this.

>> i have some questions for you. the sergeant fisher, a couple of questions to ask you about. the issue here with you is that you believe that have been this will increase the likelihood of crime. is that correct? >> the problem is that we will be coming up to broadway and columbus and people hanging out in front of the clubs and going out and drinking and becoming drunk.

>> are you willing to ban all new liquor licenses. courts have come you have not banned this? >> i don't know. >> you to stated to me that alcohol is the number-one issue. >> you will be singing karaoke, this could increase the possibility of crime. the police department has supported some liquor licenses which is beyond me from a logical perspective that if the alcohol is the number one issue, why has the department supported

the liquor licenses. in district 3, and that quarter, the police have not supported this or remained neutral. brown came here last time. this is a fairness issue. if the alcohol is a major issue, shouldn't you come out and say, no more news alcohol? >> we are not able to stop businesses and the path prevent

businesses from thriving. when we get a license change, we can set conditions. >> with crime, alcohol, if this is the number one issue, how come you are not stopping the liquor license. >> we are asking for a karaoke machine, singing, whatever. both of you come out here and you are guilty until you prove you're not guilty.

for me, they have an entertainment license, the other people have alcohol. there was a shooting here, they have alcohol. you should be going after both of them. here's a person that has one violation. you never got a citation. therefore, he is not guilty. all he is asking for is a karaoke machine.

>> i do not know. >> you are really making me angry. we have asked about the information. you have supported it for tonight or remained silent. i want you to show me fairness. i have not gotten this. do i have to go to a grand jury to find out what you have approved or not approved?

if you are not hiding anything, where is the information. i am only asking what you have supported, not supported, and remain neutral. i would like fairness. i want to tell you that the karaoke machine will lead to more crime. if you will study that, i want the police to show the evidence that in the castro, south the market, we have problems because we have all call and karaoke machine. can you give me one case where you found this to be a problem.

>> i have heard this for you. >> you are supposed to be giving information. i just want to see the evidence. i will vote against this machine. i don't see any evidence against that. these people are singing, you go drunk, you have crime there.

>> when you're trying to tell someone, i will get the information for you, it usually doesn't fly. we would like to have this information. >> i might see the police chief. >> i understood the presentation being made as follows. there is a possibility that that element would be further drawn

into the corridor. i walked by the other day i don't know one way or the other. this is a historic character. the building is a pretty prominent building. i did not care particularly for

the signs on the building. >> and the north beach district, the code leaves out requirements for definitions for the wall signs. for the window signs, they should not exceed 1/3 of the area. the wall signs, there is a calculation that it shall not exceed two square feet per foot of the the street frontage occupied by the use.

>> if anyone has compared these buildings is a their locations, i would say that there are many signs on this. i think that in and of itself the values the building. on -- devalues the building. i would ask that that is being changed. others are not quite as important as the corner building. othe land concerned about the

possibility of the disturbance. >> could i call your attention to the conditions of approval. number 8 speaks to ensuring future exterior alterations are consistent with standards. those can be modified >> any comment consequential permitting? what is the next thing we are not going to permit to on this particular establishment? i am curious that we track if

this comes back in six months. course we have made this the condition that this is only karaoke. >> that is why i wanted to change the findings. >> the motion on the floor is for approval with amendment. this would make the karaoke approval. >> the cherry first condition of approval is for one jury of the machine. that is part of the findings.

we should strengthen the language course the project sponsor is requesting that this would be allowed for other entertainment use. >> exclusively. >> the motion for approval. >> i would like to my sure that that is able to be in force. we have no opinion that the other entertainment can be narrowed. course we have narrowed the scope. >> it is able to be enforced with the complaint that they

have a live band. >> i want to make sure that they are doing entertainment other than the entertainment purpose. >> this is a hypothetical. >> i would like to give an opinion from the city attorney's office. we have talked about the conditions and the ability to enforce. >> do we want to close and take a recess? >> if the commissioner is not comfortable, he can vote against this.

>> on the motion for approval. >> aye. >> aye. >>aye. >> no. >> no. >> no. >> aye. >> that motion passes. thank you, commissioners. commissioners, you are on item 14, 41849 union street. >> good evening. the item before you is a request for a conditional use authorization under section 7 25.42 and 303 of the planning code to convert a vacant retail

commercial space occupied a retail clothing store into a full-service restaurant. this would permit five new uses on the ground floor for a total of no more than 32 restaurants. the commercial retail space is currently being supplemented. the proposal involves those who commit to the commercial space with no expansion to the existing building envelope. the proposed hours of operation are 6:00 a.m. until 2:00 p.m.

according to the private sponsor, they will specialize in french cuisine. this will not be considered a formula retail use. a site survey has been conducted and as an estimate of approximately 15% are eating and drinking. in early 2010, the planning department staff conducted a survey and estimated that top percent son is occupied by and eating and drinking establishment.

the planning commission continues to look at the case and the item is on the consent calendar. the proposed project had not met the requirements of the planning code. there was an issuance regarding the poster and this has been met the posting requirements through the plan veeco. -- planning code. many think that this should be continued to the days.

today, the department has received no phone calls requesting additional information. the project sponsor has indicated that there is control for these issues and the outdoor signs are not proposed a in the rear yard. the department has received one letter from the association in support of this project. projects will occupy space on the subject block and this will complement the others in the neighborhood and provide unique subsidies to the city. it is believed that this is desirable for the following reasons, to help enhance the economic development of the

neighborhood, proposed the neighborhood survey in which residents can get a public transit. this concludes my presentation and i'm available for any questions. >> think you. product sponsor. >> good evening. last week, this was on the consent calendar. the reason was because of the posting. i don't see anything i have to say because it was mentioned that there is any objection. thank you. >> is to any public comment?

public comment is closed. >> several retailers struggled here. union street is starting from experience and revitalization. i move to prove with conditions. >> second. >> i'm also supportive. i notice that there are three or four places that have come up. there was a belief with many places. there is more activity on the streets and this is helping the economy. i am in support. >> the motion on the floor is for approval. >> aye. >> aye. >> aye. >> aye. >> aye.

>> aye. >> aye. >> the motion passes. >> you are now on items 15 a and b. as you consider the request for a conditional use, we will consider the request for rear yard modification and open space a variance. >> good evening. before you, a joint hearing requesting conditional use authorization. the project proposes to demolish the existing single-family dwelling and construct a four story, 45 foot tall building populated by the mid american health center.

the existing building has been boarded up for the last two years. the use of the building as reported by the district and the city attorney's office and the friendship house has been a crash pad including drug use and prostitution. the property has been cited for numerous code violations. the department has received one comment in opposition. an adjacent neighbor to the west is concerned about the open space which would be considered the impact it if it was billed as proposed. the project sponsor has had outreach meetings primarily with concerned residents to address the proposal. the department recommends

approval and considers it desirable and it does not displace the residence or read control. this is consistent with the district and is designed to complement the neighborhoods in conform with the existing character of the block. the department considers the project necessary in that within the eastern neighborhoods expected to level the needs for these which are based on consistent needs as well as future once. commissioners, we are available for technical questions. that is my presentation. thank you. >> thank you. >> good evening, commissioners.

another -- i feel that i know you much better. the health center was established in 1972. at that time, it was a decompression chamber. the space became a terrible and we established the native american health center. in 1981, it moved to down to 80 julian street. in the mid 1990's, with thefran acquired the property at 56 julian avenue. the native american health center ho