limited to one microphone there cannot be an electric guitar or drums or that kind of thing, so it does limit it specifically to that type of thing. i do not think we can say it cannot be different types of music. it can only be singing with background amplified. >> does that make it different from karaoke? this discussion is only between the zoning administrator and the planning commission. i do not need any other comments on this. >> it is similar in that there is one microphone with one person. it is similar to karaoke. you're not limiting the type of music. you are limiting the volume and the extent of the amplification. that is what i am saying. i am not an attorney, but i

would be surprised if we could say that there's a certain type of music of would be limited in this scenario. comissioner antonini: i would tend to agree breyer we have had discussions in the past, and if you were so restrictive to say italian opera, but if they did some popular italian music, it would not qualify. my experience is we have to limit its by the amplification and the number of people participating, so basically that is our motion. >> the other thing rick added to the motion is that it is inside, not outside.

it is only inside the business. i believe your recommendation is that the doors and windows be closed up the time. >> i have additional amendments i am not sure that were in the motion. >> is there some limit to the size of this equipment? >> where commissioner more is going is that the permission we are about to give to this particular owner is not going to the owner. it is going to the property, so if in the future, the current owners exit the business, they

very well could just do rock music. it is being sold to us as a particular thing. i am currently willing to trust the current proprietors, but there is no guarantee of what we are doing. it goes on forever. >> i understand. one amplified microphone, you cannot really have that. >> we have nothing from the staff that says this cannot be four or five speakers with a couple thousand-watt amplification and all the business, and i know there are limits to how much can exit the property, but you know. >> the motion speaks to one small portable stereo, so that is what they would be limited to. you could get in an argument

about what small would be. it would be small and portable. we could probably limit the output to 50 watts, which would be more than sufficient, but it is limited to a small portable stereo the singer would carry from table to table. >> if that is the understanding. >> i was inclined to support this common but i think the of first on discrimination someone made me think what this presented does not quite hold up to the honesty i have heard from many speakers.

if he wants to describe what he considers discrimination to be, i would like him to do that. tell me what this includes or not. i challenge you while you are outside of the room. that is not meant to be a seat.

they have made a remarkable effort to create an atmosphere that is generally italian. you are saying italian. i said offer. you said that is discrimination. could you explain what you thought would be happening? >> this question has come up many times were the music, whether it is rap, rock, opera -- you cannot discriminate against music. it is made very clear.

my opposition is not because of taste. i just do not think you can make a motion on something that is not legal. you cannot discriminate against the type of music. that is my concern that we would make a motion that was not legal. i think we need to get clarity from the office that sees these matters very frequently. whatever they of hold on that would be great. >> this is the first amendment issue. the last time i checked this was america and we were free.

if the guy sings german opera, it would be crazy that that could be in violation. the city that is known for the height of liberalism, to be so particular about something like this seems ridiculous. we are talking about intensification -- about amplification, so the issue should be amplification, not the music tight. if the concern is about the volume, that is what we need to address, but the music is not going to affect the volume. it is one hand-held microphone with amplification. your home stereo speaker is louder than what will be allowed attkisson and restaurant.

we need to remember that our role is to deal with the intensification of the use and the amplification problems and not to specifically specify things that are maybe our taste or i think unconstitutional, because i felt strongly that you cannot designate the type of art or music someone should do in their space. if they have the intent to do offer, there are lots of different kinds of opera. -- if they have the intent to do opera, there are many different times of opera. >> i think what commissioner

more is saying about the venue for the performance of opera while people eat along the lines of what we have at the opera house, so i think she was trying to guarantee that they would be some kind of assurance that is what we would be seeing down the line, given some of the history we have had with other approvals were something is presented in one way and it ended up being completely different. there is probably no way we could legally do that, but i do not think she was trying to do anything other than to ensure what we would be told is something that would be seen there.

maybe they have some history in north beach. at least there is a good possibility there would be an intensification of use that would lead to a potential night club situation. i remember in north beach when it was a poster shop on the corner. i love north beach and its diversity, and i think a lot of us want to continue to see it remain a diverse community i. >> the motion is for approval with modification offered that instead of being an amplified microphone instead of the singer and with that modification --

[roll-call] comissioner moore: no. >> that motion passes 5-1 with commissioner moore against. >> are we going forward? >> good afternoon. before you is a request for a conditional use authorization to convert the college space into a new entertainment and

restaurant venue. the existing building would be converted into two full-service restaurants and a jazz club on the ground floor. the proposal also includes an outdoor activity area located adjacent to the building and to be used by the restaurant for outdoor dining. the building has been used for office space and an auditorium. these operate as one venue. because the building is designed to support a large, multi use the new, it would be difficult to divide it into separate spaces. since the packets were distributed on november 9, there have been several of dates. staff has received several letters with concerns. concerns include the hours of operation, noise, odor,

traffic, and business operations. there has been correspondence and a meeting to discuss these concerns. yesterday the neighbors submitted modified conditions for approval. staff will review the version sent yesterday and draft modifications. these comments were e-mailed earlier today. on hard copy has been restricted for your review. one change is the planning department does not recommend conditions 37 and condition 38. many conditions are unenforceable by the department, but the planning department does recommend addressing hours of operation for activity, a dressing hours of deliveries, and an informational planning committee. there is a consultant that can address noise issues you may

have. the proposed project meets all applicable requirements. the proposed project supports rezoning efforts in that it will promote the growth of existing small business. the proposed project will provide a venue for a long standing musical group and will complement a variety of art activities present. given the findings, the staff recommends approval of authorization with the suggested changes to the modified modifications of approval. president miguel: project sponsor? >> i am jack knowle. with ben jaffee, i am the sponsor. for a little background on me, i

am the owner of a restaurant in oakland the past 10 years. and i also spent most of my time remodeling older retail and being involved in the neighborhoods. i have been involved for about 20 years in this, most importantly for the last 10 years over in alameda. i am very involved in working with the community. anyway, i really care about this neighborhood. i really care about the facility. ben and i have a lot of stability. with 10 years with a cote, and then will speak to preservation hall, we feel we are very good for the community with stable operators. we see great things for a long

time to come in the mission district. >> my name is ben jaffee. i was born and raised in your lens. my parents founded preservation hall in 1960 one. i have been operating it -- i was born and raised in new orleans. my parents founded preservation hall in 1961. i have been operating it since 1991. you may remember some of our concerts. we will be coming back to perform for sf jazz early next year. preservation hall is dedicated to the perpetuation of the new orleans musical tradition known as jazz. we are an institution that has been family owned and operated for 50 years. we have an outreach programs in our community focus on teaching the next generation of young primarily african-american

musicians in new orleans about their heritage and about their musical tradition. this is an idea and a concept we want to bring to this area. we want to create a venue here in san francisco that presents the top musicians in their field, the best acoustic musicians playing american roots music, and music that celebrates american music, roots music, and indigenous music, whether it is latino, african, bluegrass, jazz. this is a venue and a name that i guard with my life. it has a 50 year -- 50 years of excellence under its belt. when i met jack, and we have known each other for several years now, and this opportunity presented itself, or the first time it felt like this was a boy to be the perfect second home for preservation hall. we have been given offers to franchise preservation hall.

we have never accepted sponsorship from any major corporations because we hold our name very close to our hearts. knowing jack and his history and his dedication to preservation, and his dedication to historic building preservation, and his success in the restaurant field, we feel we can create a unique musical experience for people in the bay area, where they can come and enjoy music in a very unique environment. that can be a seated eating environment, standing environment, or a combination of the two. >> i think been described it well. -- ben described it well. president miguel: a number of speaker cards. it will be two minutes per person. steven mcdonald, at davis cuttle, danny sure. >> good afternoon, commissioners.

i am an attorney. i represent the homeowners' association on lexington as well as the valencia never heard. >> state your name for the record. >> the president mentioned it -- steven mcdonald. and there is broad support. of course, the devil is in the details. however, i am pleased to report that with one minor exception, and with two stipulations -- generous stipulations on the part of mr. knowles, we support the revised planning department exhibit a conditions of approval. we only request at paragraph 38 a second public information hearing on compliance with these conditions here at the planning commission 12 months after the first day of business. in a little while, or in a moment, the neighbors can talk about what they are worried

about, frankly. the two simple conditions by which we offer the support that mr. knowles has kindly agreed to, and i am going to seek his consent -- bottles should be removed out the front door open. second, deliveries shall be made between 8:00 a.m. and 10:00 p.m. only in the rear. outside of those hours, they will be made through the front door. if i may, i will ask that mr. knowles express his support for those conditions. >> agreed. >> that is it. it is just the second review that we think we need. we do this based on trust. and i just heard a moment ago from the staff that therir "no" position on paragraphs 37 and 38

has changed. if you will look at those paragraphs, we think they are quite reasonable. president miguel: thank you. >> hi there. david cavell. i live at 22nd and perot. i come to my statement to three minutes so i might have to talk fast. a gentleman friend and mine -- of mine told me we might have preservation hall west on valencia's street. i could not believe it. there is so much great going on in the mission. we might get a part of new orleans musical tradition just a while down from my house. my excitement about this broad measure today. i am clearly not the only one who is excited. i thought i would be lucky to get 50 friends and neighbors to sign on to the statement i am about to make with less than 24 hours notice. i in fact have 130 people supporting.

now i am here representing those friends and neighbors. i will not belabor the point where room -- by reading the 130 names. but i will say we are a diverse bunch. we are business owners, artists, engineers, attorneys, doctors, architects, accountants, teachers, parents, homeowners, and most important neighbors. we live, work, and play in the mission. we do what we can to improve the community. we are a diverse bunch indeed, but we have at least one thing in common. that is we all want to see preservation hall in the mission. it will be good for the community and good for san francisco. people come to the mission for the same reason i did. they are drawn to the rich culture and diversity of the community, the creativity from food to music to arts and theater. our neighborhood is to person and creative by design. that makes it a place where people want to be.

walk down valencia's street and you will find a college, a paper goods maker, art galleries, boutiques, restaurants, markets, a riding school that is a part shop, a landscape school that is also a taxidermy gallery, more bike shops and i can count, vintage furniture, a park, and even a unicorn. but we do not have enough jazz music and the wonderful culture it brings. jazz music is an american cultural treasure with a proud and reverse history. and we have a rare opportunity to be part of that history. preservation hall is a new orleans jazz institution. it celebrates the tradition of jazz and foster's its growth by inspiring the next generation of great jazz musicians. and we have an opportunity to make that a part of our community. preservation hall will no doubt be a good neighbor. we will work together to ensure that none of us -- residents,

business owners, and preservation hall -- wants unhappy neighbors. we want them to come to the diversity and creativity already in the mission. it is a perfect fit for an already vibrant community. thank you. president miguel: thank you. >> i am danny shirr. i come in the spirit of bill gramm. i worked for bill grimm 25 years, my entire professional career. he would be here today to tell you the following. of all the shows i have booked, my favorite show, the one that was the most creative, was the grateful dead and the preservation hall jazz band. he loved that show. there is a poster of that show at the fillmore. they were the real deal. they never sold out.

there were never overly commercial. if you wanted to go see preservation hall, you had to go to new orleans to see them. but at the same time, we are talking about the mid-60s, when the preservation hall band first came to stanford. they set up a tent. to me, as a kid who like music, preservation hall coming to town was like the circus coming to town. they had their own tent. i was able to go to the first two nights. i saved of my money as a newspaper boy and got my tickets. by the third night, i had become friends with the musicians. they stuck me in. i said, "come over to my house. we will have a barbecue." i had no idea i should not do it, they had no idea they should not come. it started a lifelong friend and relationship with the preservation hall jazz band that i am proud to say i was able to continue under the auspices of bill gramm when i booked the san

francisco symphony at shore land on the fourth of july and invited the preservation hall band to play with the symphony, which they did. i ask you to open up the flat tent here in san francisco. invite the preservation hall jazz band to come and play and to set up a home here. any group that can play with both the grateful dead and the san francisco symphony deserves a home in san francisco. president miguel: nicole noble, alicia gomez, roberto fernandez. >> i am a call noble and i am a san franciscan of nine years, but a new orleanean by birth. we bought our house last year after living here for a while. we decided to make this our home even though we go to new orleans

often to get our recharge. you have to have that when you come to a place as unique as new orleans or come to a place like this. i want to tell you how much i appreciate and agree with what we are doing here to try to bring the iconic music, culture, and food of new orleans to share with san francisco, because san francisco is a melting pot just like new orleans is. we accept all to come and revel in a good time. i am the third generation of my family to pass through these great doors that have been open for 50 years in the french quarter. i look forward to bringing my mother to start a new tradition on this coast, where my husband and i have started our home. i think you for demonstrating your support of sharing our music, culture, and food in the mission district, which is already so rich with cultures and traditions. i would like for you to move in

support of the chapel restaurant, the second line restaurant, and preservation hall west opening on 777 valencia so the authentic mood, food, and culture can be shared in san francisco. thank you very much. president miguel: thank you. >> my name is alicia gagmis. i am a member of the valencia neighborhood association. i will speak on my own behalf and also for the owner of several of the units at 736 valencia, who has asked me to speak on his behalf because his father is in the hospital and the could not come. everybody loves jazz. no one opposes the