coverage charge and paina does that. there is so much competition also. the last thing we want is for these places to close. theatres are closing mostly because there are vcr's. we just need other entertainment. i think music is very up lifting instead of these neglect ative movies and fighting on the streets. where kids can go where they can communicate with each other, they will have a much more up lifted spirit. this is a very positive thing for the community very much needed now. it will enhance their lives. while this is also right next to and around the upper class, the kids can't go to those

places as much. and also, i'm the co-facilitator of a support group for medically disabled people and we need a place to meet too and to socialize and it's very hard to get places if you don't have the money to cover for meeting places and since paina is open to all groups, it's very very important that it stays open. i think it a political thing, it's competition with theatres because the money they have and the power of their voice and they are going to just want to close them out which is not fair at all. i hate to say it but i think it's racial too. it's very important that there be more variety in the area. there is too much down sizing again because of the economy and they did what was requested of them for this sound proofing

and so what's the problem? they just, they are special because they are open and free and they reach all people of all income. so. please reconsider and allow them to stay. thank you very much. >> thank you. next speaker, please. >> i'm a retired parent, teacher. i moved to san francisco because my son is here. my mother is in the audience. she had four heart attacks. i wanted to say that this is a wonderful place. i'm just learning that paina provides all of the above. i would encourage the opening of paina and as a small business

they would be able to contribute, their willingness, their big heartiness towards all of that. the other thing, my mother is in the audience, she can not speak for all with people with disabilities. i'm a classical musician and i wanted to bring the opera and symphony people. they are from my community and they are more than welcome to have us perform them as well. i'm there is mother of children in their 30s. they love the wholesome place. i'm also attracting people as a member of the community for people to hang out. i have a wonderful time there to eat before i go to the movies. it's a wonderful place and i think sundance is attracting a lot of business from that too. i'm a great supporter of paina and want to

see them viable and a contribution to japan town. >> thank you. >> thank you. honorable commission ers, i'm martin simon and here on behalf of sundance cinema which you know is a neighbor to this project. this commission has held numerous hearings on this application. i believe this is the 5th or 6th hearing. the commission has already heard from different parties on this project. the last application, it was denied. we were here on the original calendar for the final determination on the denial motion. the condition to deny this application is a correct one. the reason set

forth in the staff report are compelling. this proposal for a loud late night nightclub use is entirely inconsistent with japan town and with it's on going revitalization efforts. the commission has heard from the leadership of the japan town community who have come out strongly against this proposal. i'm sorry to report contrary to some of the representation that you have heard today that the problems with paina, interfering with it's neighbors are continuing. even since the last hearing on this matter where you voted to deny this application, there was another incident. on july 4th, paina closed to the public and allowed a late night event all the way up to midnight. the police department and the

entertainment commission had to be involved again. this nightclub use is not compatible use for japan town. the loud late night disturbances and dangers and the existing businesses and survival of businesses including sundance. the japan town leadership is against this and your honors have received complaints in the last week. i ask you to please affirm your decision to deny this application. >> thank you. any further comment? please come forward. hi. i'm the owner. i'm 25 years old. i look at all the entertainment that happens at paina. we are not a nightclub.

we are a restaurant and lounge. nothing loud, nothing crazy. if you go back on march 21st, we had a violation. that was my 25th birthday party. we did go er a half hour. we apologize for that. the reason why we went over, they were singing happy birthday to three people. we were not trying to be a disruptive neighbor. we are trying to work with everyday. i just hope that we can get our license even just for the weekend, just so that people can have a good time throughout the night without ended at 10:00 and everyone going home and from 10-1 on friday and saturday, it's dead. if we get our license, people can hang out at at all ages. hopefully you can't grant us our license. thank you.

>> thank you. commissioners, good afternoon. i'm bob yam gucci with the task force. i have not heard anything new. you have heard several deliberations and a lot of facts and i want to step up here to say that japan town task force continues to urge that you deny this application. thank you. >> thank you. >> any further public comment? seeing none, public comment is closed. >> commissioner moore? >> for those members of the public who spoke in support of paina today. i think we appreciate that there is support all the way through, however, today's agenda item is not to reopen the case and hear

the pros an cons but to move hard on what this commission has come up with. there has been almost a year with repeated attempts to come to agreements but it just did not come together. i have to assume with technical advice from acoustical consultants and building experts that this particular situation cannot be fixed in a manner that would indeed allow us to expand the operation with the type of application that is in front of us. i am very clear and determined to move what we decided last time forward and i make a motion to disapprove. >> thank you. >> commissioner borden? >> yes, we first heard this case in august of 2012 and we

had multiple hearings on the topic. the commission came from a place for paina, i have been there. i think it's a beautiful location and what you have done is amazing. unfortunately the entire time that we've been hearing this case, there have been sounds and other violations. if you are not even on your best behavior when you are coming back before us, there is no trust. the entire community doesn't have trust because there has been repeated violations. unfortunately the law doesn't allow us to make excuses for birthday parties and other things. it duntd work that way. if you can get it together you can come back in a year for conditional use. that's what the law allows, i would hope that you can work with the community to make that happen. just to make this clear to the members of the public. this does not close down paina. it can still operate, it just

can't have amplified sound. it does not close down the restaurant establishment. i would hope that as a result with the hearing, that you would work with the community that perhaps in a year we can be in a different place. the reason we continue this item so many times is because we really want to support the paina lounge and unfortunately the good faith effort did not happen last year. >> commissioner antonini? >> yeah. i agree with the other commissioners. i think that the concept sounds like a good one, but i think this site is a wrong one for the intents. it's fine with non-amplified, and closing at certain hours. that seems to be doable but to try to make it into a late night

situation, a lot of the other entertainment venues and even their representative spoke of are places that are more freestanding while there are still more neighborhood issues regarding these. they have a lot more room way from their most immediate neighbors and almost all the leaders of japan town have spoken against it. i think it's just not the right site. i wish them well continuing their operations as it now exist and being able to have the accessory entertainment along with their restaurant use. >> commissioner sugaya? >> yes, just a follow up on commissioner borden's conditional use permit. i think i asked at the last hearing that with respect to hearing limited entertainment use that still continues. does limited entertainment prohibit

amplified sound? >> it would not. it's more limited to the area and there is hours. >> they can keep the installed sound equipment and use it with the bands or the -- >> my understanding is that yes with a limited life performance permit, they can keep the amplified music and only limited to the time and the area and the sound level that was agreed to on their permit. >> all right. i think with that clarification, then to the project sponsor, if you -- you know, i don't know the size of the area, i haven't been to your place, but, i know that enlarging it would make possible probably more people to be there and larger ensembles to be there, but given the current situation which i think the commission is

going to pass a disapproval, you may want to think about continuing your entertainment use obviously which you will, but in a way that i think if you do come back in a year, that both the community, sundance, the spa and everyone will be on your side at that point. i think if that happens, the commission will entertain and approval. >> thank you. i add on that i feel similarly that there is no problem with the fact that there is music and entertainment. it's the level of the noise that exceeded the dba and time extension. i hope that you are able to continue your business for the next year and come back in an i year and show that there haven't been any citations and this commission would support this.

the clerk: there is a motion to adopt this. that motion passes unanimously 5-0. >> the commission will take a 20-minute break.