the record the following issues. the department has not treated the representatives of the nob hill association with fairness by entering a access to public records. i myself, having served 12 years as an elected official in this city have been dealing with public records on a regular basis. i deplore the actions of this department. i have recited three blocks from the masonic temple for the past 40 years. during those years, i have attended lectures, concerts, and graduations. i know from personal research that the summary of the evening of dance in the conditional use application is grossly exaggerated. in the number and classification

of events. this planning department is negligent in exercising its independent judgment, additionally, they recommend this commission increased that inflated number by 25%. this action is inconsistent with the history of the facility. members of our association and myself have spent hundreds of hours scanning the masonic temple website and multiple historical sources of print media at to determine accurate evidence of events presented. [tone] president miguel: thank you. >> i would like to submit for the record the items i could not cover in my presentation, this document. thank you.

>> good afternoon, commissioners. i may reside at 1170 s sacramento street, about two blocks of the venue. i have been a resident of nob hill for 20 years. in 2011, we found out from a submission that the masonic temple had submitted a new conditional use application to continue the historic uses under the planning code. except for the abc hearings, the neighbors probably would not have been informed of this application until it was published in newspapers or the mailing of the notice 20 days before the hearing. i must state for the record that when it comes to an application from the masonic temple, the neighbors receive less information than an application for a rear deck addition. the planning code section allowing the continuation of the historic uses specifically states that there should be no

expansion. based on planning code section 185e, the applicants representation of the expansion of the historic use, and the department cu notice stating that there is no expansion. based on this, the nob hill association, the novel coalition, me, and other neighbors advise the planning department we were concerned with the department and commission are arriving at an accurate definition of historic use. i have attached a copy of the notice. i was shocked to read the staff went on in recommending a 25% increase in the number of of events under some bizarre planning code interpretation. we now have the definition of the department say the special use district is a neighborhood commercial district. i hope the neighbors would be treated more fairly at this

round of hearings caboclo it comes to the masonic temple, the department has thrown caution to the wind. [tone] president miguel: thank you. >> i would like to submit this. >> good afternoon, commissioners. i live one block from the masonic temple since 2002. i'm familiar with the number and size of events, noise levels and and times. i helped prepare the -- i helped prepare the exhibit in the submission. vents were categorized by type and double checked and we noticed canceled concerts. analysis showed 31.5 live evening events per year, which is substantially lower than those listed in the number of events provided by the masons. that includes four lectures and

education events, 1.75 charity events and one amateur talent show. you cannot add small size events at a lower level and trade shows to the number of evening entertainment events. the impact on the neighborhood from weddings, proms, graduation ceremonies, examinations, citizenship and events that start and an early have a significantly lesser impact on the neighborhood when compared to the number and type of evening entertainment offense contemplated by this application. therefore, i urge -- entertainment events contemplated by this application. they are incorrect and using figures and that would be an intensification. historic uses are diverse and include ethnic and specialty concert and performances. neighbors welcome and consider the diversity and a trickle part of the historic use of nob hill. thank you very much. president miguel: thank you.

[renames] -- [reading names] if i have college name, come up. it does not matter the order. -- i have called your name, come up. >> i represent a number of residents in hearings before the state alcoholic beverage control. furnished documents submitted at the hearing and those are exhibits 2 and 3 to the letter -- in a letter to the commission dated october 19. i also furnished catering permits and those were attached to the letter as exhibit 7. i furnished copies of the testimony before the abc which was submitted as part of the record here. he claims his client is seeking a conditional use to operate at masonic as it historically has

as no enlargement. the review of the application reveals that is not correct. there is no evidence -- even for sold out, maximum capacity shows. all records suggest a maximum of two bars. no evidence was offered at five bars was a historical average at the masonic and he admitted under cross-examination he did not know the exact number of bars that any show. there is no basis to authorize any more than two bars. there's never been a permanent liquor license for the masonic presence. to issue a conditional use for liquor license and there never had been one of would be an intensification of use. the masonic has only had one day daily licenses, when they catering permits or temporary permits. in the letter, certain temporary permits are referenced since 2010. those are temporary in nature and not a type 47, as he

indicates. its five permanent license, nor does it create a right to a permanent license. these were issued only after the city issued a conditional use permit in march of 2010 and were based on a conditional use permit. that permit on which they were based has been vacated by the superior court and that was based on -- was not based on 185 and therefore not limited to historical uses. this is limited to historical uses. finally, he asks to leave this issue in the hands of the abc and that is incorrect. section 105 requires the city, not abc, not to issue a c.u.p. and that includes not allowing an increase in the number of bars. based on that evidence in the record, for the city to allow more than two bars would be an intensification that would violate this and would allow

license when there never has been one and that would be an enlargement in violation of 185e. it should be limited to two bars and 1-8 daily permits and limited catering. president miguel: thank you. you have already spoken. thank you. just leave it there. thank you. >> good afternoon. i live at 12 01 california st., within 300 feet of the masonic. i have participated in all of the previous proceedings involving the temple. when the notice arrived of another conditional use hearing, i was not particularly concerned because the notice said the request for conditional use authorization to continue the non-conforming entertaining use

of nob hill masonic and to continue the operation of the food and beverage usage within the center. i have no objection to continuing the existing news or historic use, but then, when the application found out a little later that what they are really asking for is far more than existing use based on historic data. rather, the applicant and his staff had to the number of evening events, things like senior high school proms, fashion shows and by mixing apples and oranges, i believe they have managed to grossly overstate the historic use in that evening events. then the staff added another 25% to that number by assuming the masonic temple is now located in the polk street neighborhood

commercial district. then there is the question of the vast increase in the number of bars. i have no objection to the continuing historic use. nobody is trying to shut them down. but i hope that in all fairness, you will not accept the recommendation related to the number of events and the number of bars. thank you. president miguel: thank you. [reading names] >> good afternoon, commissioners. i'm a resident of nob hill and i'm interested in what goes on in masonic temple. i am not opposed to the

entertainment use, i'm opposed to what is an obvious effort to intensify that use the conditional use proceeding. masonic fully intends to intensify the entertainment use by increasing the number of live entertainment events held there, in particular large, nighttime entertainment events as well as increasing alcohol service over what has historically been the case. masonic seats a conditional use authorization to hold an average of 68 events per year with no limit the type, size, and time of duration among other things. the planning commission does not have the legal authority to grant a conditional use authorization as requested by masonic and recommended by the planning department. contrary to what was said earlier today, there are limits imposed by the state on the number, size and type of events. the applicable law in california

requires a conditional use authorization ensures the entertainment events at the masonic are the same or similar types as those that occurred during 1958 when it was built and 1968, when masonic's previous use became non- conforming. any change in the premises which gives it permanency or expands the non-conforming use is not permitted. recent years, current use, used during some time purposely selected by masonic is not the lawful standard. it is incumbent upon the commission to impose appropriate conditions as has been suggested by the novel coalition, not bill association, and myself and my submission from october, 2011. -- not hill coalition and association. [tone] president miguel: thank you.

>> good afternoon. i have been living at 1029 jones street, one block from masonic for the last 40 years. i would like to remind you of two words that have not been raised today -- that is california environmental review. since the commission approved a conditional use applications as staff recommends with the 25% increase in the number of events an alcoholic beverage service with a permanent liquor license, without environmental review in compliance with the california environmental act, this commission will expose the city to another lawsuit. i don't need to remind this commission of the results and costs to the city when they

approved an intensification of use without proper environmental review. i member -- i am officially requesting a proper california environmental review on this issue. thank you very much. president miguel: thank you. >> i live on 849 mason st., about a block from the masonic temple. i'm a vice president of the nob hill association. good afternoon, the commissioners. i am here today to place on the record a document which was sent to mr. guy on october 7 from -- the statement reads -- on september 11, i attended a b.b. king concert at the masonic. there was a long bar set up at the main lobby before the gates

where the ticket takers were stationed. i was surprised to see and other alcoholic beverage station in what appears to be a coat closet and many people taking their beverages into the auditorium itself. the obvious and it increased consumption of alcohol is most definitely a new experience in the that you, which seems to me to have been instituted since live nation has taken over operations. that was definitely not historical use in the past. only bottled water was permitted inside the auditorium. during the intermission, i witnessed the concerning violations of the most basic fire and safety rules. after the opening act ended, and the crew removed equipment from the stage to make room for b.b. king, the staff carry get a bit down from the state directly in front of one of the auditorium aisles and held unwieldy equipment straight up and filed

through the handicapped exit. removal of the quebec through the exiles and a emergency exits should not be allowed -- removal of equipment through the emergency aisles should not be allowed reduce of alcohol is not compatible with the welfare and safety of the of that attendees, especially when there are activities taking place. i don't understand why there's a 25% increase -- [tone] when the application is to continue the existing uses. the commission should make sure the number of events approved reflects the current events size and type because they affect the neighborhood in many different ways. a high-school prom of bed with 200 students and no alcohol is vastly different from a sold-out concert. president miguel: thank you. >> this is the document. >> i live at 1354 sacramento and

i made daily cable car writer. i came before the board of supervisors when the applicant came to increase the number of events without environmental review. essentially, it took me 20 minutes to go from leavenworth to taylor street. there are many cars in the crosswalk and the cable car was later shot down because we had to get off the cable car and direct cars around it. it was clearly off -- clearly unsafe and allied was later shot down. -- it was clearly unsafe and was later shot down. [unintelligible] i urge the commission to impose the conditional approval similar to that imposed by the board of supervisors. thank you. president miguel: thank you.

>> i work for local 16 and i have worked at the nob hill masonic center and other venues. an interesting thing i would like to mention is that the masonic center is not the only venue on the block on the top of nob hill. the fairmont hotel has many similar corporate events, concerts, at this does the -- as does the -- -- as does the mark hopkins hotel. i have almost been killed by a taxi going to the mark hopkins. the masonic auditorium parking rush accommodates people going to other the -- to the other venues because they cannot

accommodate the parking or it's too expensive. alcohol service which has a larger capacity than the masonic auditorium are unlimited. there are bars and hotels and air moved to whichever that you need to be used and as much alcohol is sold on that block as people will purchase. concession sales seem to be a very important source of revenue for companies in this industry. it has also been called into question whether or not live nation is a reputable company in terms of their dealings. i have worked for many companies in this industry and over many years. i have found it -- i've worked with companies that did not have an agreement with you and make it very difficult to make a living with a decent wage or to be treated well. live nation has always treated me and my colleagues, many of which are here, fairly, they pay be a good enough wages that i can afford to live with my family in san francisco, and i

strongly support this issue and would like to keep working for them at this that you. thank you. president miguel: is there additional public comment? come on up. >> thank you, commissioners. our apartment is located at 1177 california st., next to the california masonic memorial temple. i feel like this is like groundhog day. i hope it is not. again, no environmental review was conducted for the conditional use application. the planning department decided this conditional use application does not require environmental review under public resources code because it merely seeks to continue an existing lawful nonconforming use. a conditional use applications

as a discretionary action that requires the planning commission to exercise its sound judgment and it is not a ministerial act. any project that fully complies with the planning code without requiring and -- without requiring a very it's a conditional use may be subject to discretionary review of someone requests one. there is no such thing as a ministerial project involving a planning permit in this city. the applicants proposed conditions of approval and the staff recommendation related to liquor service intensify this historic liquor service. your staff states in the executive summary to you that there is no evidence to support a historic number of bars and historically one-day permits were issued to the promoter upon request. if staff wreck -- yet, staff recommends three permanent bars. regardless of the determination of the number of historical events, the allowing of 25%

clearly truett -- clearly triggers a review because it's an intensification of historic use. when you look at the detailed schedule of events, it is beyond obvious the application and your staff recommend an intensification of the existing news. as such, it is required that an environmental review is conducted. [tone] >> i would like to put that into -- >> members of the commission, i am the attorney for the nob hill coalition. first of all, we have talked about the fact that the conditional use is a discretionary action by this commission. what is most troublesome about this staff report is the increase in the intensity of the number of events.

they rely on a section, when 86.1b -- 186.1b. this building is in eight nob hill special use district that overlays the residential district. i cannot understand how you can do something that applicable only to a neighbor in commercial districts, dress it up into this nob hill and say we are the discretion to decide, not a significant enlargement, so they can have 25 more. we have requested a letter of termination from the zoning administrator to explain how your staff arrived at that decision. -- letter of determination. i have requested this measure be continued. if this commission decided you are not going to continue this action and that you are going to

decide your action today, at a minimum, you are going to have to end the condition that whatever action will be depending and contingent on the zoning administrators determination. as far as the bar is concerned, when something -- there is no record except for a temporary one-day licenses. to allow a permanent license and increase it magically to three bars is another intensification. [tone] president miguel: thank you. is there additional public comment on this item? >> i live at 1150 sacramento street. i was not going to make any comments, but i have to respond

to commissioner antonini about his response to the people at the 49 games. is alcohol that causes the problems. you have this shooting down in los angeles, you have alcohol is a terrible situation. it is permitted, we know that. but there is no way to control alcohol use at events where there are thousands of people. you cannot control how many people at the game drink and people at new orleans were right in front of me and i was embarrassed by the people in front of me to carry drinking and drinking and got meter and meaner. this business of allowing alcohol, the extended use of

alcohol, is poisoning the children and people and it's not only poisoning them, that is bad enough, but the ramifications to people who are in their presence and have to put up with it, you should honestly consider it. you asked us to be paid to the people -- you asked us to behave to the people out of town. as long as people are drunk, you can tell them what to do but there is no way they will stop. they are out of control. if you go to a concert and drink four or five drinks, six drinks, there is going to be problems. that is something you should consider and i don't think putting a limit on the number drinks can be realistically enforced. thank you very much. president miguel: thank you. >> i was not planning on speaking on this issue because i

have friends on both sides. i have all lot of friends in the audience of a book about the real historic use is here, but the woman who has babysat my 8 year old son works for the union, of this matters to her. it's hard to come to a decision when you know what kind of trouble you are going to have if you go to committee bars, to be drunk people, but you also know the profits in this industry are driven by the number of seats people can sell and the amount of concessions, including alcohol, they can provide. i don't know what way you are going today, but i think it's going to go on for awhile. my suggestion is the city and live nation look at options that this does not work out. i can dig of one with a lot more seats a lot more jobs, and it's on you in metro and many lines. -- and it's on muni metro. i think it's a much more appropriate location for these

larger events which are important to the city and bring revenue to the city and create jobs. i support that and i support my baby sitter who works at these events, but we have to look at where is the best place to do it. i it's hard to argue the size of events i have been hearing about makes sense at this location. but if we can get a new warriors stadium, that would be a great place because she could ride home when you are drunk and some of driving. thank you. president miguel: is there additional public comment on this item. public comment is closed. >> i want to speak on some of the issues that were raised on a public comment here. this is a conditional use application for the continuation of a nonconforming use. under the provision of the planning code, they are allowed planning code, they are allowed to file the application to