the vote came in favor of sur l.a. table. i would ask you to approve this project. some businesses have asked you about moving across the street from them and having retail operations with similar products. it would seem business owner would not be afraid of having a formula retail use, they just want it to be compatible with the neighborhood. although we are a respective member of the board, we don't see frederick sons being compromised by this operation. we feel like there is enough room there for everybody. once again the consensus study that i did on formula retail use, made very important points to the

merchant community about whether or not it hurts you, helps you, does it work for you, if not, i want to know. so far everything i have gotten has indicated that formula retail use and in close proximity is helpful, brings foot traffic. appropriately and that particular location down that, they can use a lil help. thank you very much. >> good afternoon commissioners. my name is richard garcia . i just want to support sur l.a. table. i began as a stock associate to a sales lead and now working managing the san francisco sales store in the western mall. some

things that i love working for sur l.a. table is we find the cooks find things that they need for their kitchens. if i'm helping a chef that she really needs this carbon steel knife, that she's having trouble finding elsewhere, i can help her. we are here to support. another thing that i really enjoy sur l.a. table, it's a foodie community. we are getting the customers excited about the farmers market. checkout this new pan and bringing all this to the community. thank you for your time. >> thank you president fong. i

have a jewelry street at 1909 union. i'm here to give my full support to sur l.a. table. arm annie. ralph lauren, having sur l.a. table is not going to raise our rents because they can't go any higher. i have been on the board of the association, when we opened in 1976 there were 2 jewelry stores on the street. there are now 15. competition is very good. it keeps us all alert and

on our game and we help each other out. if i don't have something, i don't carry watches. i refer them to another store. this makes the community work. this is what we need on union street. if any of you have been on union street, there are about 15 empty stores. it hurts. the theatre is being constructed. i have long time customers who come in and say, this is sad, what's happening to union street? what's happening is we've lost a lot of people since 2008. we need to get people back. a formula store is needed right now. they are creating jobs. this will create more lunch space on the streets for restaurants to survive. i strongly hope that you will

consider having sur l.a. table as a store on our street. >> thank you, any additional public comment? >> seeing none, public comment is closed. commissioner antonini. >> i'm in favor of this proposal, speak to a few issues presented and very much like frederick sons, i go there frequently. it's a hardware store. they have a paint section and we have an area for their paints and they have some house wares too. the shoppers that go into fredericks will be different people and traditionally the customers looking for specialty items and those people will specifically go to a sur l.a. table and they

will go to another one in the city who will drive out in san francisco. i thinyou have from the merchants and heard from a number of people w will say particularly in that union street they are dead because a lot of times people will head down that way and towards chestnut but they don't get to that last commercial block between fillmore and steiner. this will bring more traffic. this is going to be a good addition to the street. it's going to bring more business and it's going to be synergic with some of the restaurants that depend on a lot of foot traffic. this will bring a lot of people in because the other locations, the ferry and mall like settings which means somebody has to walk into inside to see

the sur l.a. table. anybody going down union street walking see's it and didn't even know there was one in the city. i think it's a good project. >> commissioner borden? >> yeah. i used to live in this neighborhood, i know it pretty well. the other formula retails along the street has shut down. the sur l.a. table seems like a real fit for the neighborhood. it interesting, chestnut street has balances and retail like william -- sonoma, i think this

will be beneficial. i do love frederick sons. i spent many hours buying large and small things. i don't think there is a threat. frederick sons is primarily a hard ware and home improvement store. i believe with the entire merchants thought they can support sur l.a. table. i move to approve with conditions. >> i had a couple of comments. i'm supportive of it as well. i don't think union street suffers from over saturation of formula retail. we want to give the small guys a chance first. this is a large location. the other thing i want to note is that this is a very far west

end of union street. so like a mall having two anchor tenants at each end that will drive traffic aborted. -- back and forth. i'm in support of the motion. >> commissioner antonini, borden, sugaya, wu, fong. that motion passes unanimously 6-0. >> commissioners are you okay for continuing or you want to take a break here? >> take a break. we have two

more. commissioner that will place you on item 16. case no 20120397. >> good afternoon. sharon young department staff. the item before you is the proposal to legalize commercial use authorized by retail store to restaurant use doing business at 205 frederick street with anrh 3 zoning district and neighborhood commercial district. the proposal includes a system with a kitchen hood exhaust system and new dining service counter. the proposal of the restaurant use will include the food preparation

during business hours when establishment is in operation. the properties commercial use is considered to be a limited use pursuant to planning code section 186. the report for discretionary view for 210 frederick street. the dr request or primary concern is that it does not meet the market based on the commercial space which requires use authorization. to legalize the use size limits and is considered specification of non-conforming use. there is not a permit of the delli use

and helps code violation in sufficient waiting areas. it will provide to dr requester and presentation. according to the record, the former authorized use at 205 frederick street, as the market as a limited commercial non-conforming use with rh 3 zoning district. the subject lot is within a quarter mile of hayes street. the commercial controls, also apply to subject property. within the rh 3 zone is district, the operation of limited commercial non-conforming use should be between the period of the

planning code. >> normal days and hours of service, 5 days a week, a minimum of two meal services should be provided during each business day. a catering establishment is used as a commissary and the neighborhood district. it's not conforming use of the 1994 planning code section 191. in addition

planning for the provision with the the hayes street because those revisions for use at that time. the controls were added in 1987 and required for change of use was added in 2000. as far as issues of consideration the health department has been advised that use of this property. the mobile food truck preparation use must maintain the same hours and * the limited restaurant use. since the commissary kitchen which is not open to the public and the project sponsor has been adviced to contact the appropriate agency to parking and loading for the food truck in the public right of ways since it's not in the planning department's jurisdiction. to date they have received over

2,000 signatures in support of this project. they have received correspondence from the tenant living above the resident who are opposed to this project. based on the review of the dr requesters application, the building sponsors, which is including the proposing system under section 186 b 1-7 for limited and non-conforming use. the planning department believes the use is for public use. this concludes my presentation. >> excuse me, those public members standing along the door. i'm going to ask you to

find a seat or move to the other side of the room, please. >> okay. up first is the dr requester. you have five minutes.5 minutes. >> thank you. good afternoon, president fong and commissioners, my name is ryan patterson, attorney for the dr requester. we have some slides to show on the overhead. >> just lay them down. it will start working. >> we often hear how hard it is to open a business in san francisco. that maybe the case. but in this case, this is a restaurant that opened who you the any permits a year 1/2 ago and in the year 1/2 that followed until it was shut down

by the health department. it produced a various number of impact on the neighborhood. this is a neighborhood zoned rh 3 residential where restaurant use is not normally allowed. the restaurant produced clouds of bacon smoke coming from an exhaust fan that was -- could have been fixed with duct tape and the restaurant was not willing to do that. the restaurant produces a lot of noise which is mostly significant for the rent control tenants upstairs which sent to you an e-mail last night. they couldn't make it because of the funeral today, but they say that they will be evicted if the restaurant is allowed to reopen. the restaurant draws as you can tell a lot of support and that means large crowds in a quiet neighborhood and it has double

parked it's food truck repeated befor extended period of time blocking traffic. the restaurant has no sprinkler system and works in a very flammable product which is harmful for the community. my client offered to pay most of the cost to install an air filter. the restaurant owner agreed, but then later reputed that agreement. the restaurant has now opened a second location at brick and mortar which is a better location for it. after extensive discussions with planning staff and i will point out the restaurant's response to the neighborhoods concerns was to produce

t-shirts that say, smell this. so i will move to the legal aspect. after a number of discussions with planning staff who we respectfully disagree with on their interpretation, it seem clear there is no legal basis to grant this permit. a conditional use application is instead needed. the subject property as i mentioned are zoned rh 3 residential and grandfather commercial use was lost in 1980. it was a laundromat. it was a grocery store into a laundromat now into bake and bacon space. that might have been allowed except for one fact. the grocery

store, was also non-conforming use and under the 1979 planning code, non-conforming uses could not be expanded and in fact the 1979 code was quite a bit more restrictive than the current code today. that applies even as an expansion of 1, lcu space, there is a zone interpretation that does that. this interpretation does postdate that expansion, but the logic and rational still applies. so you might wonder why the city allowed the expansion if it was illegal. that's a good question. these permits that were used were never actually reviewed by planning and you will see where planning should have weighed in, it did not. second permit

here as well. this says not reviewed boo -- by the department. as a result the non-conforming use status was lost. we believe a conditional use application is necessary. if the commission an agrees, we ask that conditions are imposed which includes limiting the restaurant hours and requiring ventilation and not an allowing the food trucks because this is a residential neighborhood. thank you very much for your time. >> thank you. calling speakers in support of the dr. lorraine

lucas.? >> good afternoon, my name is lorraine lucas. i wish that you will accept dr on this project. we have nothing against bacon and bacon. we have nothing against the restaurant or the type of foods. the hey dash berry improvement association has supported many restaurants and the the ice cream parlor or cove street took 2 years for that owner to get permits from the city to open the business. here we have a business that is deciding to do business and then get the permit which is a reverse. if we allow this to go through, what precedent is the planning department setting? is that we established a business and then we go and get the permit after. that is not the way we want to do business in the city. i hope that you would recognize that this

affects the neighbors and the person who is mr. angeles who has not met with the neighbors in good faith. this is very important because we have health and safety and fire codes that are completely ignored by this business. i'm sure you are going to hear from the neighbors and they will tell you what they have had to suffer because of this business. all the people that do support bacon and bacon and they want to support the restaurant #57bd in the next few years another restaurant is here. they can't not establish the permits after. thank you. >> hello, president fong and the commissioners. thank you for listening to us. as you can

see we are just only a few voices. we don't have the media like the other side has. and you can manual just from here today being here today what it is like that we are up against. and this should not be a popularity contest, but this should really about what's proper business behavior and i just wanted to tell you some of the personal things. we have lived in this neighborhood, my husband and i since 1977. it was a great super market there. fantastic. we liked it a lot. okay there were little issues about truck parking and stuff like that, but basically it was wonderful. we bought all of our food there, okay. now, i won't go into the legal issues

because we've talked enough about that, but i want to talk about the smell. we live across the street. people that are coming from other areas, they don't live there. even if they are like 7 blocks away. they don't live there, they don't to have endure this. people sitting on our sidewalk, on our stairs, eating this stuff while they waited and while the stuff is being cooked. it just been a real nuisance and the fire trucks blue up in the next block. there were five fire engines. it's frightening to think that all of these victorian houses and there are a lot of renters there but

there are a few people like us that own their place and we would rather not be in this environment. the unsuitable for a neighborhood. a business that is so large and has so many followers. tweet, 10,000 hits, their petition list, 2800. i went through the trouble and looked they come from australia. just a few from the neighborhood. anyway, i think you get the picture. i'm asking you to grant the discretionary review and deny the permit. >> thank you. >> good afternoon. i'm the

other side of the marriage on this. i can't help but to agree with my wife on this. she did a very nice job, i thought. i too have lived there for 35 years and i too agree that i were hoping that this is not a popularity contest. we realize we are the minority on this. we do live across the street and we are there a lot of the time. we have filed with you folks just a couple days ago a memorandum about seven 1/2 pages and i'm hoping the remarks made there are going to be considered by you guys and women as you are making your decision here today. it's a lot more detailed than any of our remarks could be. but i would

reiterate that these negative impacts on us including the smell, this has become a big joke item in the national press and the media. in fact today we have an article on the wall street journal about this matter and it's either fortunate or unfortunate that i allowed myself to be interviewed. interestingly enough there is an article making reference to an old factory expert to some university as to those people who skof at the notion that bacon cooking orders can smell. i can tell you it can. i'm a bacon eater. i have enjoyed bacon and always enjoyed the smell in my own house. here is what this expert says. he

indicates that left over smells involving bacon by-products, now i quote the article, can get really unpleasant. a little like paint or red cardboard. closed quote. i don't know that i would go the wet cardboard, but what we smell is quite acrid and almost toxic smelling. plus the truck parking is a little bit outrageous. we see this big food truck outside quite a big bit of the time. for a while it was left out over night on a regular bases. we have a vacuum tr you can that cleanse out the grease a few times a week.

that's it. thank you very much for your consideration. >> good afternoon, president fong and commissioners. my name is laura, i live at 210 frederick from market and bacon and bacon. i'm here to read a letter from a tenant who lives above. she was not able to be here. this is what she has to say. my name is, maro. i have been a resident for many years. i wish i can be here today to voice my concerns. i hope this letter helps to shed light that we have in the neighborhood about the back