his word for many years. he has listened and given them concessions they asked for, and without any desire to deceive them in any way. he has been very open with them. i helped facilitate the community meeting that happened the other night and listened to the things the community had to say, listened to jack's responses, and watched them come to accommodation on the things they felt were there complete concerns. that is how i have always seen jack behave. with all the other great things you have heard about it, and considering he is that kind of person with that kind of track record and history of operation, i ask you to approve the project without any delay and without any conditions that are not necessary. thank you. president miguel: thank you.

>> my name is charles noble, and i am a resident of san francisco. i moved here nine years ago from southern louisiana, where i was born. back in new orleans last weekend for a family wedding, at the rehearsal dinner sure enough we passed by the preservation hall, me and a few of my family members. i just want to come up here to show my support for the projects -- the restaurant and the preservation hall proposed project. i think it would be certainly enjoyed by myself, and i think a wide range of other san franciscans. thank you. president miguel: thank you. is there additional public comment on this item? if not, public comment is closed. if the city attorney would comment on the conditions of approval 37 and 38? >> deputy city attorney marlena

burne. the conditions proposed by members of the community in the materials you received, numbers 37 and 38 -- president miguel: i called and nobody came up. >> we are not familiar with the way the process works. which submitted comment cards. president miguel: if you could hold for a minute, we will go back to public comment. >> we expected we were going to be called as other words -- as others were. my name is michelle rielle, and i am also speaking on behalf of eric rielle. i echo the words of support of the character witnesses. many of them, i might add, are paid employees of jack. we feel a little bit of a

disadvantage. we do not know the process. many people who could not be represented today are working. it is important that as immediate neighbors adjacent to this envelope we support it, but we have been endeavoring to work with the project team on a lot of our concerns. i would think commissioner -- thank commissioner antonini for moderating that as well. the time frame has been difficult for us. jack is a busy person. we are not asking to block the project. but we do have support with reservations. we would like to add that while we accept planner jackson's revised proposals, we are also requesting in addition to the six months subsequent hearing a 12 months subsequent hearing. this is a great project, but while there are also live been used this is 5500 sq. ft. of

restaurant, 2500 sq. ft. of music venue, all under one roof. the applicant -- the aggregate concerns of no less than 80 staff people, hopefully more than 200, as well as up to 375 live music venue patrons -- hundreds of people at any given hour of the day, with cleanup hours and what not, we want hours to be reduced for the inside dining area. there is no comparable of outdoor venue. the neighborhood concerns are all about aggregation that is potentially boy to happen. -- going to happen. we have every effort in working with jack knowles, and hopefully we will come back and say we do not need the review. president miguel: thank you. >> i am jackie mclandrige, also

speaking on behalf of my husband's death. i want to thank mr. antonini for attending our meeting the other day. he was very hopeful in facilitating hopefully a great step moving forward. i just want to say on behalf of my husband and myself we are extremely excited about 777 valencia. we think it is going to be a great addition to the neighborhood. that being said, with the agreed conditions as stated, including the conditions agreed upon by mr. knowles, which we are very grateful for, as well as the hours he agreed upon the other evening, as well as ms. jackson's proposed review. i share support as part of the valencia neighborhood association and the hoa, hopefully adding a second 12

months hearing to review concerns including quality of life, security plan implementation, noise mitigation, and hours of operation. we hope to live as one in the neighborhood. but my husband's and my bedroom window is a stone's throw away from the outdoor facility. we hope everything will go according to plan and that we will not need that. but we do ask that it will be considered for review so that we can live comfortably and our quality of life is not disrupted. president miguel: thank you. >> james howard. my wife and i lived adjacent to the property. i support and welcome the project to our neighborhood. it is a very exciting project. i ask that the commission consider the scale and scope of this venue. there is nothing comparable in the area. it is unprecedented. i have talked with a lot of concerned neighbors over the past week, and as commissioner

antonini saw firsthand, we did raise legitimate concerns about the impact something of this scale might have on adjacent residences. add to those things i would like to request that although we are encouraged, going forward, that the project will go off according to plan, i would like to request that in order to ensure that that we review the project leader at six months and 12 months. i am largely concerned that we were not able to reach out to a lot of people in the neighborhood going into the process because of various language barriers and various other hardships. certain people could not be here today who have not had time to understand the project. i am excited about the project, but i am also a little bit anxious about it. i am hoping we can go in with this with just a little bit of

caution, and it will review this letter couple -- will review this later a couple more times. i think it will be a positive addition to the neighborhood. president miguel: thank you. is there any additional public comment? ok. public comment is closed. >> deputy city attorney marlena burne. with the additional comments from the planning staff, and 37 and 38, the concern is that those conditions of approval would be unenforceable by the city. there are outside the jurisdiction not only of this body but the city as a whole. president miguel: i wanted to make that clear. it was not an arbitrary situation with regard. i would hope that since those

two conditions were basically agreed upon by the project sponsor and the neighborhood that even though they are not probably going to be included in conditions of approval, should this go forward, that they will take cognizance of the fact that in effect promises have been made and should be kept. vice president olague: i fully support this project. i have obviously been following things in the mission for a while, and was a member of the mission anti-displacement coalition years ago. we have seen a lot of unfortunate gentrification that has taken place, a lot of latino families displaced in the '90s. there have been a lot of unfortunate changes, i think, in the mission. the college, when they left, it

was really unfortunate, i thought. i was calling community groups asking if anybody had the resources to purchase the building. it was up for grabs and i was not sure what would ultimately happen there. i think that this is a really good use for this site. i love new orleans, actually. i have not been there, actually. i have been sort of reluctant to visit their ever since the disaster, you know, the katrina disaster. i have not been by. but i would go annually to visit preservation hall because it is an amazing place to visit, and of course it is the heart of jazz, new orleans is. it is really awesome that we are getting this brought here and in our own way of preserving a culture that has been really broken apart, i think, in many ways the past few years, although there is probably still a lot that is coming back, hopefully and is retained their.

-- there. i spent a lot of time in the cemeteries and the whole culture of new orleans is brilliant. i just love it. i think it is a good use. i also support one of the new conditions references that you will be providing the venue to mission public high-school or charitable organizations for fund-raising. those are the to the we cannot endorse. -- the two that we cannot endorse. but i think it is great. i imagine this interchange with the community and your project will continue to happen. i know that we have a lot of jazz now all of a sudden. in the past few years, the fillmore jazz area, there is the sf jazz. how are you guys going to interface? i was just curious. what is the idea there?

or maybe not, you know? >> we have actually been in contact with all of those organizations. we plan on working with them hand in hand to develop after- school programs and residences. vice president olague: that is perfect. >> we are wide open, just continuing what we do in new orleans and bringing that concept to the bay area. vice president olague: that is great. i think this is a great use for this. i think one of the most interesting shows i went to was los lobos and atlantico band that jammed together in san jose and i was just lucky enough to be there. i look forward to the blues and these other musical groups coming out here. i looked at the conditions. i read through this. i know the neighbors have concerns. i imagine the school had a lot of impact. there was a lot going on with a

community college there, a lot of activity. i am going to go ahead and move to approve the conditions of approval. obviously, the city attorney says there are some that are not enforceable by us. i would support may be the staff could give us a six month report or something. the six and 12 seems excessive to me. i do not know -- the project sponsor -- are you ok with that? this is what we do for most, actually -- that is appropriate. we do this in the castro. we have done this all over the city. it is usually a six month review. i think that is appropriate. commissioner antonini: second. i wanted to add a few things. i am of course very supportive

of this. a few things that were not brought up is the fact that the project sponsor is not only putting upward sound walls to control the sound of the concert area outside of theirre, but also for his restaurants, which are separate from that. it is very impressive the way that is done. he is going to bring in electrical updates that will be valuable for the whole block. there are some juices coming in there that other businesses can use. that was not pointed out, but this is another benefit of this. what a change on the block. some of the things the city has done -- this is going to crown the whole thing with the widened sidewalks and the bike lanes. there is so much activity down there even on the tuesday night i was there. i want to thank the neighbors and project sponsor for working

together on this and coming up with some conditions that everybody can support. so that is a wonderful thing. i did want to just mention one thing. i am very supportive of the motion as it stands. i think what we might want to do to help the neighbors be a little more comfortable is perhaps that if we have any concerns at the six month period we have the ability to schedule another one further forward. we have not usually. things are fine. but if for some reason concerns are expressed that conditions are not being followed or things came up the were not expected, the commission would be very receptive to a hearing six months later if that was the case. that is implied in the motion, i believe. vice president olague: it is automatic. commissioner antonini: as far as the conditions that were added, there was one other one in regards to the garbage

deliveries. i do not know if the city attorney had any comments on that. it is not part of the conditions as they are now. perhaps i could have the neighbors' attorney at what that was. it came pretty fast. i think he said all deliveries through the front door and garbage pickups at certain times of the day. >> the bottle shall be removed out the front door only and the deliveries shall be 8:00 a.m. to 10:00 p.m., and other than those hours to the front door. so deliveries are only through the rear 8:00 a.m. to 10:00 p.m., and beyond that through the front door. we were told by the planning department that that is not the type of thing that could be in these conditions. the purpose of the stipulation on the record was just to have a public record of this promise. commissioner antonini: very good. so that is not a condition.

project sponsor, can i ask if that is acceptable? ok. i mentioned the garbage, and of course we cannot determine when the garbage service is for to come pick the garbage up. that is not part of it. we are talking about deliveries. and so the rest of them are as stated, and we do have an understanding with 37 and 38 that that would be something we would try to do, i guess, project sponsor. could you speak to that? veben can speak to it. >> what we do in our -- in new orleans is we have field trips to preservation hall. we coordinate with the school district to bring school groups to the hall twice a week. we averaged 200 students a month. we do after school programs, master classes, private lessons. we have a junior preservation hall jazz band between the ages

of 9 and 16 that rehearses every saturday morning. commissioner antonini: it sounds like that exceeds even what was asked for in these. that sounds good to me. i am very supportive of the motion. commissioner sugaya: so am i.. when i was in high school, which was a long time ago, i used to eat lunch in the cafeteria. there were student deejays that would spin records. they would intersperse some jazz, which was quite surprising. there would be people like shelley mann and those guys. that kind of led me into bird and davis and monk and those guys. i did not know then that the roots went all they back to new orleans in the beginning. that came later. i am kind of excited that this is happening. that said, when sf jazz was here

i did make a comment, and i did e-mail mr. loesser with my comment. in trying to form a jazz district, i wish that mr. knowles had bought a building on fillmore street. and that we had this venue there to strengthen district -- the district idea. i said the same thing when sf jazz came. i thought it was unfortunate that there were four blocks away or five blocks away from fillmore and had not been able to find a location closer to that area. based on that and some of our hearings on other institutions, i am going to talk to a supervisor campos about creating a jazz master plan for san francisco. [laughter] that would include other organizations like kcsm, which

i listened to regularly. they are a public station and they are always looking for money. commissioner sugaya: american roots music master plan. commissioner lee: don't forget the budget for the plan. commissioner sugaya: we will get that for you. jazz seems to be coming back. it is always a struggle. i heard yoshi's on fillmore is having some financial problems. it continues to need as much support as we can give it. commissioner moore: i want to express my strong support for the project. it is wonderful to see that san francisco all of a sudden is springing up with jazz been used in different parts, not just the fillmore, and that there is strength enough to create a new district, particularly looking at the changes in this neighborhood. it is an example of a great beginning. for neighbors who are concerned about not getting the 12 month

review, please remember that condition 23 speaks about the community liaison. that is basically your spokesperson. since it is established in your conditions that such a person would be available and to handle concerns you might have, rest assured there are guarantees this project is closely monitored and that you have a voice should something happen. we prefer to have the dialogue in the community rather than as always having to come back to make it happen. so it is all up to you to find the positive interaction you have had with the help of commissioner antonini and i. this has my full support. president miguel: i want to mention we have been concentrating on the jazz aspect of this. i do not want to lose two other aspects. you have a historic renovation of the his terrier -- the

exterior of a building in san francisco that i first knew -- it is and of association. i was a florist in my former life. and so i knew that building well at that time. and then as city college. this third major use of the building, and a historic renovation, which your team has worked with in other venues, is greatly appreciated. the other thing is in addition to this auditorium you have two restaurants by someone who has achieved awards for his present restaurant in the east bay. this is not someone just coming in with a copy shop, you know? -- coffee shop, you know? you have to take the whole thing together as a very interesting

project without question. when the picture of the inside of the auditorium section, even though it was dark, and jazz venue is always are -- it is a very interesting venue in itself. as far as someplace to hear music, i will certainly admit i was doing some interface in earlier months of the project and happen to have been in that space. and i heard the band when they were doing some recordings for a record. and the sound is great in there. the other thing is in the mission district this year i have gone to see the latin jazz youth orchestra, which is in the mission. that is where they are headquartered. so there is a great deal of

synergy that will come to the project as it proceeds. >> commissioner olague, i just want to clarify that your motion references the modified conditions. vice president olague: that is correct. >> that is related to another issue that came up. what the commission practice has been in the past about the six month hearings has been that if there is an issue you typically direct staff to hold the hearing at a later date. there is nothing to prevent you from doing that at that time if there is a problem that comes up at the six month point. you could direct us to hold a hearing a few months down the road to address that issue. commissioner sugaya: just a clarification. the six months should start from the day the venue opens. rather than today. vice president olague: that is right. >> does your motion include the

delivery schedule that the neighborhood offered? president miguel: my understanding from the city attorney is not. that is a stated fact, but not part of the conditions. >> before you is a motion for approval based on the modifications staff put forward. based on that motion? commissioner antonini: aye. commissioner borden: aye. commissioner moore: aye. commissioner sugaya: aye. vice president olague: aye. president miguel: aye. >> thank you, commissioners. the motion passes unanimously. [applause] commissioners, you are going

back to your consent calendar items that moved off of consent, item six, case number 2,010.0638c for 291 3rd avenue. >> sharon young, planning department's staff. the report before you is a request for a conditional use authorization to convert a vacant commercial tenant space into a full-service restaurant, the fusion art cafe, specializing on asian fusion cuisine. it is on the ground floor of a two-story residential and commercial building within the inner clement street neighborhood in commercial zoning district and a 40-x-book district. -- 40-x bulk district.

it wants to modify it be ordinance that permits restaurants or bars at the ground level in the inner clement mcd. this is the first restaurant to apply under the legislation adopted. the previous space was occupied by a retail clothing store. the proposed restaurant will involve interior grown for commercial space with no extension of the existing building envelope. the department has received correspondence and a petition with approximately 25 signatures in opposition to the project, primarily for concerned tenants and owners of adjacent apartment buildings at 269 and 271 third avenue out of concern the restaurant will produce noise, odors, traffic, and parking congestion in the neighborhood.

there exists a large concentration of full-service restaurants and other eating establishments in the neighborhood. there are concerns about its financial and monetary impact from the restaurant that will affect the apartment property values and quality of life of the residents. the project sponsor has submitted a petition with approximately 100 signatures from home owners, tenants, and business owners in support of the project within a 300 foot radius of the project site. we will provide more details and responses to concerns during our presentation. the planning department preliminary recommendation is approval with conditions. staff did conduct a site survey and estimated that one-third of the front is operated by eating and drinking establishments. this exceeds the 20% threshold

indicated in the commerce and industry general plan. this was enacted to prevent three new full-service restaurant uses on the underground level -- to occupy victim commercial spaces in the inner clement ncz. this was to allow the character of the neighborhood to evolve with the gradual shift in the city wide economy that has led to some closures of retail establishments along the inner clement. the proposed project would be consistent with the mixed use character of the north clement -- inner clement ncz. i am available to answer any questions. president miguel: thank you. project sponsor? vice president olague: just start talking. it will come up. >>