the brickyard has spent a good amount of money on reaching out and creating in the eyes of a new for guests to enjoy. part of the support, residence in a 12-block radius as well as several adjacent building owners and businesses the you just heard, on that same block of union street is on the same side of the street. we really feel like having the patio open is going to be beneficial to attracting more shopping desk and dining guests to that area.

>> thank you for staying late, i am sorry this is protracting. i have the san francisco resident and commercial real estate agent specializing in the commercial district. i support the patio as a neighborhood amenities and welcome another dining experience. it states that out direct area -- outdoor activity areas are allowed. the sound is a legitimate concern and one that all of the other unions treat venues with outdoor seating must be considerate of. i do not feel that they have provided the burden of proof to show that this would result in a significant impact to the public interest as stated in the process. they showed some photos, but i welcome an independent review

with additional photos that are not union street festival photos. this is similar to many areas in terms of size and capacity including the neighborhood. the compromise to alleviate noise and management oversight are more accommodating than any other venue. although the patio is elevated, it is only 5 feet above. furthermore, the sound measurements done do not indicate that the sound is amplified anymore. quite the contrary, it could be impact full as it reflects from the street. i feel that the request is are not providing any evidence that it would create significant impact to the public. it has a disproportionate amount

of compromises to address neighborhood concerns. i applaud their good neighbor policy and fully support the approval of the patio. >> they moved to san francisco to lead a half years ago. specifically because of the energy and the lively personality. i quickly noticed business after business was closing its doors. i know there are very tough times. about six months ago, you have this spark that came to life. these partners here took a chance, and i believe they have successfully -- they have done a lot of work with the community. they have facilitated many fund-

raisers. they have been hiring a lot of the unemployed californians. this is what we asked for in the small businesses of america. i was fortunate enough to get to know many partners. they are the salt of the earth. i of this would be banished right in not taking advantage of. it would only add to the spirit. it is known for its outside of lights, it's cafe, its restaurant. people want to watch the blue angels flying over. this is in addition to -- please don't take away from a plan that has been very successful and was a street that was all but lost all because of a few that are opposed to the renewed life that

is known for its lively personality that i have grown to love. >> go ahead and come up. >> i am one of the business partners of the brickyard. i worked as a financial adviser and my long time career was a fully sworn police officer. my duties as a patrol officer were to enforce all california state laws. in addition to responding to crimes in progress, i responded to a noise complaint in civil matters. after opening the brickyard, i learned the extent of the controversy. one of my rules was utilizing and expertise to make sure we are operating according to the

letter of a lot and the spirit of the law. and that we are doing what is best for the community. as a way to monitor the opinions further, i moved across the street from the brickyard about four months ago. i also reached out to local law enforcement to determine what suggestions they have for the ongoing problems past and present. my findings have been overwhelmingly unanimous in regards to local law enforcement. i brought one example of how this is evident in a letter from the san francisco police officer. i will read it to you now. i am a police officer working with the city and county of san francisco for 29 years. i have the pleasure of working on the northern police district in the union street area. i also work with the exceptional managers and staff.

i also have had the pleasure of working with the former staff. light on duty addresses fulfill the requirements by the city and county of san francisco. i have currently been made aware of the establishment's request to include use of the outside front patio's. i feel that the issuance would be a wonderful boost both for the union street neighborhoods as well as the economic needs of the city and the county. it would increase the revenue of this city without harming the neighborhood in any way. it would allow for job growth in the city's infrastructure. it was on a self-initiated basis. in every instance i have witnessed, these events have been held with the utmost professionalism and the greatest

respect being paid to the community and the city. i have never witnessed any issues or problems with respect to the attendees or the local community. i am always impressed with his ability to have a trouble-free event pertaining to the neighborhood. i would recommend the patio. >> i fully support the patio at the brickyard. starting at the board of governors, i can speak on behalf of many of our constituents. the brickyard has had very much to the economic vitality in the spirit of district 2. every time i have been to the brickyard, the patrons are very simple. it is a very well-behaved and energetic crowd.

it will not only enhance the community spirit of the neighborhood, but the economic vitality for the good of the city of san francisco. >> any additional public comment in support of the project sponsor? >> i am here to speak on behalf of this application. for eight years, i represented a district that has residential and significant nighttime activity. it is a difficult situation where individuals are clearly concerned about the quality of life. as far as the commissioners are concerned, it is difficult when you encounter a business that has had a difficult start and made mistakes. representing my former colleagues, supervisor alioto-

pier indicated her support. it is very difficult when you get in a situation where you don't have trust. some of it is related to the establishment and a general concern around the neighborhood. these individuals are serious business people. they have gotten involved and made a commitment to business that is nice and beautiful, that has great food that i have experienced. and not just sports enthusiasts. they are serious about being successful. you have to strike a balance. i recognize that it will be able grudging relationship, but i am convinced that the individuals that ellen this establishment

and the supporters want to be a good neighbor and an asset to the neighborhood. i would hope that they have the opportunity to succeed. there was uncertainty about what direction they would be able to take. i had an event there myself last week. i personally have experienced this business and i believe they will make every effort to be a good neighbor. the conditions that are established to provide them a good way to do that. and >> i am neutral. i have tried to mediate neighbors with this. there is a stalemate.

some of the options that were offered, i would like to -- you have this right here, right now. could you put this on the -- what happened is this. the neighbors i asked on one side say that if they close it, they will not argue with tables and chairs in the front. the brickyard said no. this is an idea where you could have it, i suggested if you have windows here and have the back open for air, it was no. i asked could you have only 14 seats on the yard and make sure it doesn't become a

congregation area. i was told no. i asked that, could you have the yard open with all the doors closed? i was told no. could you limit it to 14 people? no. i said, you guys -- the last mediation was in front of the board. we should come up with something. they said no. >> this sounds like it is in support of the d.r. requestor. >> let me finish. could you have a liliaison?

i had to put them against the wall to get them to give each other cards. my question is this. we have to come up with a compromise. all i want is a compromise so i never have to hear about this again. the emergency association has been attacked. i was brought in from the outside. i am totally frustrated because those sides would not bend. i think there can be compromises. i think we have to think of what is best for both sides. >> are there additional speakers in support of the project sponsor? you have two minutes for rebuttal.

>> we have heard there is no behavioral problems from law enforcement. i would like to take a look at this photograph here. a poor woman is passed out in the middle of the day in front of the brickyard. i will leave it at that. there are behavioral problems. and with all due respect, this is not an issue about the former establishments. everybody has said that they were in harmony with the previous establishments. if it could be operated in some manner with the patio closed, we would be in pretty good shape. please don't think this is about trying to shut down the brickyard and close down businesses. no one is trying to shut it

down, it is certainly not a zero sum game. mellon seems to be disputing the fact that there is a serious and legitimate noise problem. we are asking for your help. there needs to be a full analysis to figure out what to do. the project can go forward and the neighborhood can live in harmony once again with the drinking establishment on union street. you saw evidence of very serious problems. then i this permit application and let's figure out a way to go forward. >> project sponsor, you have two minutes . >> thank you. i did not know i have this opportunity.

first and foremost, a lot of the examples that were shown before whether they were photos of people, those were anomalies. they are not a day-to-day business. it was opening, fleet week, world cup. looking back and reiterating what mr. dufty said, we did not do everything right the first month. we are here to try to address those issues going forward the that we can coexist with all neighbors on the street. there are a couple of things i want to address. this is not an outdoor beer garden. it is not a party deck. it is seating for 12 people.

all of the photos that you saw, those were taken on saturdays when we were very busy. and just a little bit more of the compromise out there right now. the panels themselves is a solution. it is just how much of it is open or closed at any given point in time. we have operated with those doors fully closed and there has been no issue. there will not be an issue from the people outside. the systems that are in place right now, it will allow us as responsible operators to mitigate noise concerns going forward. >> thank you. that closes the public hearing. commissioner sugaya: here we go.

ok. maybe i should recuse myself because i lived directly across the street from a bar. i have a question of the supporters of the project sponsor. how many of you lives directly across the street from a bar? you liked it? you loved the noise coming out of it? if there were? >> [inaudible] commissioner sugaya: i'm such an old guy, i happen to be home at night. we are not engaged in a conversation. there is no more public comment. i wanted a show of hands.

we had a lot of trouble with this bar and now is quiet. i hope that is what the project sponsor is trying to do in this case. i think the outdoor seating is fine. it is a management issue because i happen to be home. you are all out having fun during the same time that things are noisy for me. we had to work with them and everything has been pretty good for the last 56 years. there is a new owner that came in and talked to the association and give us the cellphone number and everything else. i am kind of hoping the same thing will happen here. i know that there was some information about these doors, when they are closed, they are pretty sound proof?

having been - -have -- have they been rated in any way? >> i do not of the manufacturers' tax. >> i think it is basically the noise issue. i don't have problems with the outside and the number of people seems reasonable. from want the people are saying, it is the noise transmission that takes place. if we could have some idea of when it is closed? usually you serve through a panel door and people go in and out. >> exactly.

bear with me, i'm sorry. i know that part of the original building permits was that this had to have specific -- i am not sure what that is. it related to the sound transition through the windows. basically, the proposal being that the way the system works is that it opens from this side. one panel can open or three panels can open.

basically, from an access standpoint, we have volunteered to have the panels where it is anchored closed at all times. there is also the weather. if it is cold, we are not having the doors open. at a minimum, we would need the access panel open. commissioner sugaya: are you in agreement with the conditions? >> yes. >commissioner antonini: like commissioner sugaya, i'm older, too. i remember how it was in the 70's on union street. a lot of these places did not have the outdoor seating, but they might as well have because the crowds were so big that

night. a thing they have done a wonderful job there. i have been there a number of times and they have put together a much nicer establishment. the issue before us is the situation with the patio and the noise. walking up the street frequently from my office almost every day, i can tell you i don't see any problem. most of the time that night, i hardly see anything. you're dealing with more activity on weekends. it seems to me that the sponsors have done a good job of mitigating the noise impact from what i can tell going along saturday afternoon and things like that when it is football time. i like the conditions that the staff has suggested. i'd think they will do a lot to

cut down the noise. a lot of the conditions that she brought up, some of them are part of the conditions. the limit it to 12 people. closing at 10:00 p.m.. closing the patio doors. one thing i would mention is putting the planter boxes there. make sure that the railing is high enough and safe enough that no one could drop a glass over the top of it. you really have to think about coming up a little higher with that making it virtually impossible for anyone to knock anything off. if you do that, it will take care of one concern i heard that was mentioned that could be a problem. and by bringing that up a little bit more, i am not saying you have to make it solid.

i think it might tend to push some of the noise up rather than out. i am happy with the conditions, and i see there are other commissioners that want to make some comments. i am happy to approve this with the staff recommendations. commissioner borden: i became aware of the brickyard situation before it opened. there was a mistake made. they submitted the plans to remove the sun room. the supervisor's office called me. the issue was they were approved to remove the sun room. and there should have been notification for that. it started things off on the wrong foot. i don't believe it was made a maliciously.

from my interactions with the project sponsor, and union street festival, everyone was on union street forever. it is extremely loud, noisy, absolute insanity. because they were not able to use the patio, the doors were open and there was a line, a lot of people. i can say that the lines that represent the picture are really an anomaly of events. the truth is, every restaurant is the same way. the first month, it is of the charges. there is lots of noise. once the place is not new any more, it is not as crazy as it was at the very beginning.

the project sponsored did not anticipate the crowd. the rally weren't anticipating the noise emanating from the fact that they are not serving food. people would be seated on the patio, dining. it is a completely different experience requiring tables and chairs and people sitting outside dining. whereas right now, people are standing up next to the windows. that is what i want to say. i live in the neighborhood and i see this. because of this misunderstanding, the entire project got off on the wrong foot. it was really unfortunate

because i was hoping there would have been a way to work, for the neighbors and a project sponsored to work better to come to some sort of way to work together. i was there in the beginning and i understand that things started off on the wrong foot. it is often hard to overcome that circumstance. i used to go to bayside. it was my place of choice for super bowl sunday. it was actually ugly and tacky. i thought the sun room portion was extraordinarily ugly. they don't have any outdoor seating. walk by the bus stop and it is pretty noisy. these people live close to the brickyard, so it is less of a concern for them. when you look at where the peace periods