man market. and so i'm sure ban nasal were good then. i'm happy to see the project move forward and on that motion to see it move forward (calling names) thank you, commissioners we will be moving on to item 15. item number 15 this is a request for conditional use authorization >> good afternoon. i'm christen planning department staff. it's for conditional use authorization for the location. the item was originally heard

2012 and again in this year. it's to add another use of thousand 9 hundred square feet located on the two-story building. the project would live and amplified music during the restaurants evening you hours with the permit authorized by the planning commission. it was allowed by the entertainment permit. it allows for accessory uses whose primary use is not entertainment. this will limit the entertains space to two hundred feet. additional conditions were added

to the permit that limited the age if i did sound levels. at the august 16th hearing it was continued to allow the project sponsor to allow to address the sound concerns. the case was continued 3 more times to april 11th and once again to today. the planning commission continued the case and directed it to this commission. the costs will be shared proposely. the project sponsor received a third citation and it was for playing music past 3:00 a.m.

since that hearing the project sponsor was issued a building permit and it was to have the stage area away from the walls and installing acoustic sound devices. and since then it was agreed b upon by all parties. it was to determine the maximum sound levels. the study determined that with the sound professional enhancements it shall not excreted 80 decimals. conditions number 11 in the conditions of approval has been modified to include those recommendations. since then we have received two

e-mails an acknowledging from the human society >> those e-mails and letter were sent to the appropriate department that were and the zoning district and the special use district the department recommend approval and believes it the necessary. the project will captains the independently owned restaurants and further insure the restaurants success by attracting customers seeking on entertainment venue. the project would captains the diversity of the neighborhood by allowing a new entertainment use

in the area. the locals can assess it easily. the project is in kwhashg the neighborhood. the project is desirable for and capable with soourp neighborhood. it's not - cities determinations - determines the sound like level >> sponsors? >> good afternoon planning commissioners. afro-from our last hearing we

have completed our task that we were given. on may 15, 2013, and the sound test came back 82. after we have received a sound report and we immediately set our sound at 84 d b.a. also i want to say we have added a second thing to our system because we don't want to bother the citizen ma. we have purchased a sound tester that will be on site all the time. and we have a blanket when we do have live abandons to bring the noise down lower. and the planning commissioner we

have passed all the city laws and city codes and all the city ordinance that was required by the city of san francisco. we have done everything possible to address the sound problems. we have no complaints against us. their have their own this problems at sun dance. they were playing an action movie it was leaking into our private rooms and argue vip coincidental rooms but we never claimed. they have a lot of problems from sewage that was leaking into our dining room area. and because we're a good neighbor we want to be a good neighbor here and just want to

own and operate a small family business. and i have been saying all the time we don't want any trouble for anyone involved. we want to be a great asset in the japanese community. we have been in the japanese community and we support all the local performs to showcase their talents. we have comedy show and fashion show and many non-profit groups. even the japanese council just host a perform and they were traen russia and many other countries. they said they were proud to

have this venue in japan town. and they have 3 party mixer during the 3 week film festival and said they were happy we're located next to the theatrical. i want to thank everyone for the sound problems we've had is because we get feedback. so good treatment food and drinks we frequently get guests that could from sun dance. we have received a lot of compliments for our food and

drinks. they come for our happy hour and our hawaiian performs and stay around to see whatever the pen town has to offer. many of our customers are happy that japan town has live venues. i want to thank everyone involved and thank everyone in japan town and the commissioner. i want to tell all my neighbors i'll work with them and i hope weeping we'll be given permission to have anyone business. so i want to say is today on i want to let sun dance citizen ma

to know that we want to - >> that's your time thank you. >> thank you. >> i appreciate that. >> thank you. >> opening it up for public comment. >> i'm not we have any speaker cards. >> yes, we do have speaker nig

they operate some nights until one a.m. a full-blown night club. now we were told by the mr. chang how corporate active hiss he's been. he figure out tooth and nail for the sound study and finally your staff member told him unless your going doing this the right way you're not going to be here in front of us again. and after we had a hearing here in february you not only get a sound test done but you better go back and work things out with

your neighbors. you're going to hear tote he hadn't done that. that brings me to my final remark. in order to grant a conditional use authorization for a full blown night club operation you have to make forgive active venthd on evidence in the record on several different issues including that this is a necessary and desirable use for the neighborhood and compatible with the neighborhood. there's no such evidence in the record. so putting on my lawyers cap and risk offending you i believe as a matter of law you must deny this application. you will hear from many other people this evening and they'll demonstrate to you, in fact, all

the evidence is to the contrary bad for the neighbors and bad for us. thank you. and a thank you >> if you want to come to that side of the room. >> president fong and commissioner. i'm bob of the japan town task force. i'm here to urge you to deny the conditional use. j.t. f p had previously supported the need for a gathering place with the understanding that this would be a restaurants offering cultural entertainment but we request the use be denied. the task force considers a good

policy by cooperating with the neighborhood. this has been a new as an to the other businesses by repeating the noise. in addition i have a letter this that ail submit similarly requesting the denial. and a businesswoman and this wh

having those violations since that last hearing even when they said they were going to comply. even when they say they're going to do it they end up not doing it. the whole issue of changing from

hawaiian music entertainment do not fit next to a movie theatre. a movie theatre needs a quiet environment. all the different non-profit boards and, in fact, their staff

services on the japan center garage board of supervisors and they make they site for community events and receptions. this has been a real hardship and we you're going to you deny this c u authorization. thank you >> good afternoon, commissioners president fong arrest i'm the vice president of marketing for sun dance. we're immediately next door to the lodge. in fact, we share wauldz with the lodge. this is the third time i've been

here to talk about their blatant disregard for our commission and police department. 7 years ago we did a very expensive project. the sun dance has been recognized as a cool landmark in san francisco. we're part of the framework and we host many events like the cheri festival the san francisco international film festival. sealed what the lodge is doing and proposes to do should they get the permit threaten the sun

dance survival. we had a terrible noise issue with them in the past they came over at the 10:30 because the abandon wanted to keep the music going doctor the merchants association and the merchants society they all site our importance to the city and at the indicate that the excess annoys is twool too much. we tried to mitigate the sound usage and they refuse to stop playing past 10:30. unfortunately we've had to contact the police department numerous times and that caused

us to have to give refunds to our guests. we strongly urge the commission to not give them the permit which allows them to play past 10:00 p.m. we thank you for considering this month serious issue >> president fong and commissioners. i'm the national japanese director i'm also think the board of the task force. we serve for the day of remembrance program. for this event brings many

folks to the site. and on several occasions i've been involved in the public programs. we work close with the sun dance. this

business. thank you >> any additional speakers? >> thank you honorable commissioners i'm martin i'm the lawyer representing the sun dance. i'm here to say i'm against this because they shouldn't be

allowed to play music that is so loud so late. i want to say first, the problems with this lodge is many. the police department has sited the lodge three or four times in the last several months. in fact, there's been a very disturbing pattern he every time we have a hearing a day or two later we have a repeated serious problem. their violating the noise you ordinance and they had one event since the last time they were offering free acholic beverages. my point is this lodge is a

problem now for the acholic beverage control and for their you neighbors why do we think they'll on behalf of better >> the staff report it was submitted is based on at least one incorrect premise. it indicates in item 5 this is no known opposition to this this is entirely wrong. there's very serious objection from the leaders of the japanese community and the theater. the project meets none of the planning use permits. i don't have time in my brief moments here to hit them all but this is simply not compatible.

on item 3 it applies that all the lodge is playing is hawaiian music it's not correct it's heavy i didn't metal music. that is not compatible with the neighborhood. the final point is a new condition as proposed based on the report that condition would not be adequate to address the problems we're encountering. i'd be happy to baeblt of elaborate on that. >> thank you long time

participate in the japanese-american community. my certain is that the sun dance cinemas which have continued the music to allow to have the treat threat to support activities and to see this particular situation that the economical rests upon the attendance at those theaters. many folks have lunch before and after if the cinemas close it is unquestionable what will happen

in the neighborhood. is there any additional comment? seeing none, none public comment is closed >> i have comments about the accommodates in opposition to this. it seems to point to a pattern we've fried to avoid and trying to offer additional time for the project sponsor and the adjacent businesses to try to work things out. i know that the report sound insulation and other things that were done to try to mitigate the noise. and staff can you - i'm sorry - the moving of the stage and all

the activity can you tell me when this took place? >> it was after the sound tests. >> was it after the festival? >> yes. it was. >> is there someone from the affirm