this comes back in six months. course we have made this the condition that this is only karaoke. >> that is why i wanted to change the findings. >> the motion on the floor is for approval with amendment. this would make the karaoke approval. >> the cherry first condition of approval is for one jury of the machine. that is part of the findings.

we should strengthen the language course the project sponsor is requesting that this would be allowed for other entertainment use. >> exclusively. >> the motion for approval. >> i would like to my sure that that is able to be in force. we have no opinion that the other entertainment can be narrowed. course we have narrowed the scope. >> it is able to be enforced

with the complaint that they have a live band. >> i want to make sure that they are doing entertainment other than the entertainment purpose. >> this is a hypothetical. >> i would like to give an opinion from the city attorney's office. we have talked about the conditions and the ability to enforce. >> do we want to close and take a recess? >> if the commissioner is not

comfortable, he can vote against this. >> on the motion for approval. >> aye. >> aye. >>aye. >> no. >> no. >> no. >> aye. >> that motion passes. thank you, commissioners. commissioners, you are on item 14, 41849 union street. >> good evening. the item before you is a request for a conditional use authorization under section 7 25.42 and 303 of the planning

code to convert a vacant retail commercial space occupied a retail clothing store into a full-service restaurant. this would permit five new uses on the ground floor for a total of no more than 32 restaurants. the commercial retail space is currently being supplemented. the proposal involves those who commit to the commercial space with no expansion to the existing building envelope. the proposed hours of operation

are 6:00 a.m. until 2:00 p.m. according to the private sponsor, they will specialize in french cuisine. this will not be considered a formula retail use. a site survey has been conducted and as an estimate of approximately 15% are eating and drinking. in early 2010, the planning department staff conducted a survey and estimated that top percent son is occupied by and eating and drinking establishment.

the planning commission continues to look at the case and the item is on the consent calendar. the proposed project had not met the requirements of the planning code. there was an issuance regarding the poster and this has been met the posting requirements through the plan veeco. -- planning code. many think that this should be continued to the days.

today, the department has received no phone calls requesting additional information. the project sponsor has indicated that there is control for these issues and the outdoor signs are not proposed a in the rear yard. the department has received one letter from the association in support of this project. projects will occupy space on the subject block and this will complement the others in the neighborhood and provide unique subsidies to the city. it is believed that this is desirable for the following reasons, to help enhance the

economic development of the neighborhood, proposed the neighborhood survey in which residents can get a public transit. this concludes my presentation and i'm available for any questions. >> think you. product sponsor. >> good evening. last week, this was on the consent calendar. the reason was because of the posting. i don't see anything i have to say because it was mentioned that there is any objection. thank you. >> is to any public comment?

public comment is closed. >> several retailers struggled here. union street is starting from experience and revitalization. i move to prove with conditions. >> second. >> i'm also supportive. i notice that there are three or four places that have come up. there was a belief with many places. there is more activity on the streets and this is helping the economy. i am in support. >> the motion on the floor is for approval. >> aye. >> aye. >> aye. >> aye.

>> aye. >> aye. >> aye. >> the motion passes. >> you are now on items 15 a and b. as you consider the request for a conditional use, we will consider the request for rear yard modification and open space a variance. >> good evening. before you, a joint hearing requesting conditional use authorization. the project proposes to demolish the existing single-family dwelling and construct a four story, 45 foot tall building populated by the mid american health center.

the existing building has been boarded up for the last two years. the use of the building as reported by the district and the city attorney's office and the friendship house has been a crash pad including drug use and prostitution. the property has been cited for numerous code violations. the department has received one comment in opposition. an adjacent neighbor to the west is concerned about the open space which would be considered the impact it if it was billed as proposed. the project sponsor has had outreach meetings primarily with concerned residents to address

the proposal. the department recommends approval and considers it desirable and it does not displace the residence or read control. this is consistent with the district and is designed to complement the neighborhoods in conform with the existing character of the block. the department considers the project necessary in that within the eastern neighborhoods expected to level the needs for these which are based on consistent needs as well as future once. commissioners, we are available for technical questions. that is my presentation. thank you. >> thank you.

>> good evening, commissioners. another -- i feel that i know you much better. the health center was established in 1972. at that time, it was a decompression chamber. the space became a terrible and we established the native american health center. in 1981, it moved to down to 80 julian street. in the mid 1990's, with thefran acquired the property at 56 julian avenue.

the native american health center had to move. we moved to cap street and have been there for the last 10 years. in 2006 the friendship house moved out of 80 julian into their new facility, 56 julian avenue. last year we acquired -- reacquired that property and planned to build a new clinic there in the mission district adjacent to the friendship house. we're truly proud of being a native american clinic but we're also proud of being a community clinic. over 50% of our patient population are naun native. they are board certified licensed doctors, physicians. we are truly a community clinic and we're very proud to be a part of san francisco. san francisco has one of the largest urban indian populations throughout this country.

this is the only urban indian program in the nation that has the 80-bed facility and is building a new clinic. san francisco is looked at by other urban programs throughout this country. you know, it's more than just a building. and a structure. it's changing our community from a mentality of a renter's mentality to an owner's mentality. when you have that change in community then you can do remarkable things to improve their health and their lives. that's the challenge that we've given to ourselves. many generations. and it comes from blackouts -- spiritual men when they said, what you do today, this evening, will have an impact seven generations down the road. so we're here today, all of us, because of what happened seven

generations behind us. and i feel that firmly and believe that my great-grandchildren will benefit with the improved health care. you know, i can't tell you how proud we are that we've overcome so many obstacles and road blocks in the last two decades. we've made remarkable progress and we're proud to be citizens of san francisco. i just want to in closing invite you all, we have an american indian market and pow-wow where we block off julian street and we showcase our dancers and we have a pow wow. small business people who do bead work and arts and crafts set up their venders' booths

and we're a change for our community. it can be done. we can have a healthy community. we pray for your support and understanding as we take on this journey to return to 56th and 80 julian. i should mention one thing. my wife is the executive director of the friendship house association of american indians who built the 80-bed facility. and i remember that discussion in the 1990's when she was evicted -- evicting us. i knew it was important that we move to a different site temporarily until they finished their building. last friday night we had an american indian comedian at the great hall there at the friendship house. we had -- must have had 125 people who came up from los angeles and our community was

having a lot of laughter, medicine that was good for our community. tomorrow night we're going to have services, memorial services at that great hall, for a brother that passed on. there are indian dancers and singers and talented people. we don't have a place to showcase them but we're going to have indian village. we're determined to have that indian village there and we welcome you to come down and walk around. if you want to see what a community can do, i encourage you to come down and visit friendship house. and i want to share this with you. thank you. president miguel: thank you. i have a number of speaker cards, wane, brian, arita.

>> i just wanted to announce that for the variance hearing there is a sign-in sheet there. if anybody has public comment or would like to receive a variance decision let rts right there on the table on the left-hand side. thank you. >> good evening. i'm marcus. i'm the executive director of native american health center on cap street. following up on the comments, i'd like to give you a background on what we do for the community and city of san francisco. approximately 27% of our parents -- patients are native which means a majority of our parents are not native -- patients are not native. we have a safety net clinic. we serve over 85% of our clients are below the federal poverty level and most of them are uninsured. they do not have dental insurance, medical insurance. we have one of the only few

native american h.i.v. departments in the country. we also do testing it daily on a drop-in basis. we're one of the few organizations in the city that does that. we also have a pediatric dental program in our clinic where. we're a training site as well as the other dental school here in town. we are the only pediatric dentist in hunters point. we actually go out there once a week to provide dental care for the children out there. there is no pediatric dental carat hunters point. -- care at hunters point. we also have a mental health clinic for family and children to make them healthy mentally because when we treat someone we treat the whole person. not just their tooth, not just their finger, their diabetes. it's the whole family that we focus on. one of the things that's important for us at this new clinic is it's going to expand our capacity to treat more patients. as you know in 2014 health care

reform will become a reality in the nation. we need to gear up for that because a lot more people are going to be eligible for medical services and we want to be able to serve those people in san francisco, make sure they have a nice place to come to. cap street, not a desirable place for a clinic. if you know that street it's got a bad reputation. i feel sorry for the clients who come in as kids because they have to walk down that street with their sometimes elder parents who are taking care of them just to get a dental appointment. i've seen a lot of people who are afraid of cap street. we'd like to move to our new location near the friendship house because we believe that it would create an atmosphere in that neighborhood and on that block of healing for the entire city of san francisco. last year, 2009, we provided 8,019 dental visits as well as 4,638 medical visitless.

if we build this new clinic which we're determined to do those numbers will dramatically increase and benefit the city and the county of san francisco. and we can for your support on this project -- and we ask for your support on this project. thank you. president miguel: thank you. ivan, brian, anita. i have more cards. martin, lisa, allen. >> good evening, commissioners. my name is allen and i'm the vice president of programs for the san francisco community clinic consortium and i have a

letter here for you signed by the executive director of my agency who unfortunately is out of town and couldn't be here this evening. the letter reflects the unanimous support of the consortium's board of directors for this relocation of the clinic. the native american health center is a charter member of the clinic consortium which is a partnership of 10 of the nonprofit community clinics in san francisco that collectively serve more than 75,000 parents -- patients annually. as you've heard, the native american health center is basically moving back home to the same block where it started and i will also note that that 56 julian address where the friendship house was built was the original home of the consortium. so we're very honored to be a part of the native american health center movement and

they're certainly a valued partner in our consortium. as you've heard, the health center provides affordable and quality health care services both to native and the naun native populations -- non-native populations. that includes their involvement in the city's health care access initiative, healthy san francisco. they've been an active participant in that since its beginning. the proposed facility will increase their capacity to respond to the impending health care reform and the anticipated demand in increase for services. so, we appreciate your consideration of their request. president miguel: thank you. >> good evening, commissioners.

my name is tracy. and i'm honored to represent the friendship house in the capacity of the house manager. i wish to speak favorably to the item 15-a and 15-b. the objectives i see this project providing are one, the unification of the client and the staff of the residential treatment facility and also the linkage of services between the friendship house and the nahc. and then also the inclusion of the women with children in the native american youth and family services healing center. and also it will create increased cultural education -- educational and spiritual presence in support of this mission. if you've ever been on this street and if you've ever walked past this place and know what it does and provides to the community, it's a priceless

place to be a part of. president miguel: thank you. is there additional public comment on this item? if not, public comment is closed. commissioner olague. vice president olague: i think it's an excellent project. i went by there to visit the project a couple of weeks ago and, i mean, i just think that it's critical that this type of agency exists in san francisco and should be more run throughout the country, really. there's one in san francisco that identifies the needs of native american population and then also provides education to people who want to re-embrace their heritage maybe or continue on with certain things, educate themselves about spirituality and things that are related to their culture i think is important that people find a place where

that is provided and the health care and the other services are critical. i think there's even a mental health component. it goes beyond just the physical needs that -- the mental health needs are important as well. the only thing i thought was unfortunate is that you're going to lose the basketball court because when i was there there were a couple of guys out there, youngsters, you know, playing basketball and stuff. but, you know, you have to lose something, i guess, to gain something. i'm satisfied with the design of the building. i think the design -- i think the encroachment is reasonable. i believe the height is also acceptable. so, i know that some neighbors had concerns about some things. i'm sure that you all will continue to work with neighborhood concerns and there was some mention, i think, of the construction trucks along

theallyway and so i'm sure all those types of things will be worked through. but it's an excellent project and i think that it mitigates whatever some of the impacts this has. i think that the benefit to the city is far exceeds the -- what i consider less significant impacts. so that means that i'm going to move to to approve. commissioner borden: second. commissioner sugaya: if ms. olague is worried about basketball, there seems to be a plan to relocate it. vice president olague: it seemed to be a community gathering. they can go to school, i suppose. commissioner sugaya: i'm going to support the motion. i think it's an extremely project, well done and i'm sorry i just got the notification that you handsed out for your pow wow on saturday. i'd really like to go but i'm going to be at my own pow wow

in utah with former internees from my internment camp in world war ii. so, we'll say a good word for you there. commissioner antonini: sounds like a great project. i'm really happy that you've partner with the two dental schools in town and i can tell you that i know there is an interest on behalf of u.c.s. -- ucsf in becoming more of a presence in the mission district and this is a great place for them to be. so that's terrific. >> the motion on the floor for approval. commissioner antonini: aye. commissioner borden: aye. commissioner lee: aye. commissioner moore: aye. commissioner sugaya: aye. vice president olague: aye. president miguel: aye. >> thank you, commissioners. that's an unanimous vote for approval. you are now on item -- oh, on the variance. >> i'll be acting zone administration for the purpose of variance and i will grant the variances subject to the