city. it is usually a six month review. i think that is appropriate. commissioner antonini: second. i wanted to add a few things. i am of course very supportive of this. a few things that were not brought up is the fact that the project sponsor is not only putting upward sound walls to control the sound of the concert area outside of theirre, but also for his restaurants, which are separate from that. it is very impressive the way that is done. he is going to bring in electrical updates that will be valuable for the whole block. there are some juices coming in there that other businesses can use. that was not pointed out, but this is another benefit of this. what a change on the block. some of the things the city has

done -- this is going to crown the whole thing with the widened sidewalks and the bike lanes. there is so much activity down there even on the tuesday night i was there. i want to thank the neighbors and project sponsor for working together on this and coming up with some conditions that everybody can support. so that is a wonderful thing. i did want to just mention one thing. i am very supportive of the motion as it stands. i think what we might want to do to help the neighbors be a little more comfortable is perhaps that if we have any concerns at the six month period we have the ability to schedule another one further forward. we have not usually. things are fine. but if for some reason concerns are expressed that conditions are not being followed or things came up the were not expected, the commission would be very receptive to a hearing six months later if that was the case. that is implied in the motion, i

believe. vice president olague: it is automatic. commissioner antonini: as far as the conditions that were added, there was one other one in regards to the garbage deliveries. i do not know if the city attorney had any comments on that. it is not part of the conditions as they are now. perhaps i could have the neighbors' attorney at what that was. it came pretty fast. i think he said all deliveries through the front door and garbage pickups at certain times of the day. >> the bottle shall be removed out the front door only and the deliveries shall be 8:00 a.m. to 10:00 p.m., and other than those hours to the front door. so deliveries are only through the rear 8:00 a.m. to 10:00 p.m., and beyond that through the front door. we were told by the planning department that that is not the type of thing that could be in

these conditions. the purpose of the stipulation on the record was just to have a public record of this promise. commissioner antonini: very good. so that is not a condition. project sponsor, can i ask if that is acceptable? ok. i mentioned the garbage, and of course we cannot determine when the garbage service is for to come pick the garbage up. that is not part of it. we are talking about deliveries. and so the rest of them are as stated, and we do have an understanding with 37 and 38 that that would be something we would try to do, i guess, project sponsor. could you speak to that? veben can speak to it. >> what we do in our -- in new orleans is we have field trips to preservation hall. we coordinate with the school district to bring school groups

to the hall twice a week. we averaged 200 students a month. we do after school programs, master classes, private lessons. we have a junior preservation hall jazz band between the ages of 9 and 16 that rehearses every saturday morning. commissioner antonini: it sounds like that exceeds even what was asked for in these. that sounds good to me. i am very supportive of the motion. commissioner sugaya: so am i.. when i was in high school, which was a long time ago, i used to eat lunch in the cafeteria. there were student deejays that would spin records. they would intersperse some jazz, which was quite surprising. there would be people like shelley mann and those guys. that kind of led me into bird and davis and monk and those guys. i did not know then that the

roots went all they back to new orleans in the beginning. that came later. i am kind of excited that this is happening. that said, when sf jazz was here i did make a comment, and i did e-mail mr. loesser with my comment. in trying to form a jazz district, i wish that mr. knowles had bought a building on fillmore street. and that we had this venue there to strengthen district -- the district idea. i said the same thing when sf jazz came. i thought it was unfortunate that there were four blocks away or five blocks away from fillmore and had not been able to find a location closer to that area. based on that and some of our hearings on other institutions, i am going to talk to a

supervisor campos about creating a jazz master plan for san francisco. [laughter] that would include other organizations like kcsm, which i listened to regularly. they are a public station and they are always looking for money. commissioner sugaya: american roots music master plan. commissioner lee: don't forget the budget for the plan. commissioner sugaya: we will get that for you. jazz seems to be coming back. it is always a struggle. i heard yoshi's on fillmore is having some financial problems. it continues to need as much support as we can give it. commissioner moore: i want to express my strong support for the project. it is wonderful to see that san francisco all of a sudden is springing up with jazz been used in different parts, not just the fillmore, and that there is

strength enough to create a new district, particularly looking at the changes in this neighborhood. it is an example of a great beginning. for neighbors who are concerned about not getting the 12 month review, please remember that condition 23 speaks about the community liaison. that is basically your spokesperson. since it is established in your conditions that such a person would be available and to handle concerns you might have, rest assured there are guarantees this project is closely monitored and that you have a voice should something happen. we prefer to have the dialogue in the community rather than as always having to come back to make it happen. so it is all up to you to find the positive interaction you have had with the help of commissioner antonini and i. this has my full support. president miguel: i want to

mention we have been concentrating on the jazz aspect of this. i do not want to lose two other aspects. you have a historic renovation of the his terrier -- the exterior of a building in san francisco that i first knew -- it is and of association. i was a florist in my former life. and so i knew that building well at that time. and then as city college. this third major use of the building, and a historic renovation, which your team has worked with in other venues, is greatly appreciated. the other thing is in addition to this auditorium you have two restaurants by someone who has achieved awards for his present restaurant in the east bay. this is not someone just coming

in with a copy shop, you know? -- coffee shop, you know? you have to take the whole thing together as a very interesting project without question. when the picture of the inside of the auditorium section, even though it was dark, and jazz venue is always are -- it is a very interesting venue in itself. as far as someplace to hear music, i will certainly admit i was doing some interface in earlier months of the project and happen to have been in that space. and i heard the band when they were doing some recordings for a record. and the sound is great in there. the other thing is in the

mission district this year i have gone to see the latin jazz youth orchestra, which is in the mission. that is where they are headquartered. so there is a great deal of synergy that will come to the project as it proceeds. >> commissioner olague, i just want to clarify that your motion references the modified conditions. vice president olague: that is correct. >> that is related to another issue that came up. what the commission practice has been in the past about the six month hearings has been that if there is an issue you typically direct staff to hold the hearing at a later date. there is nothing to prevent you from doing that at that time if there is a problem that comes up at the six month point. you could direct us to hold a hearing a few months down the road to address that issue. commissioner sugaya: just a

clarification. the six months should start from the day the venue opens. rather than today. vice president olague: that is right. >> does your motion include the delivery schedule that the neighborhood offered? president miguel: my understanding from the city attorney is not. that is a stated fact, but not part of the conditions. >> before you is a motion for approval based on the modifications staff put forward. based on that motion? commissioner antonini: aye. commissioner borden: aye. commissioner moore: aye. commissioner sugaya: aye. vice president olague: aye. president miguel: aye. >> thank you, commissioners. the motion passes unanimously. [applause]

commissioners, you are going back to your consent calendar items that moved off of consent, item six, case number 2,010.0638c for 291 3rd avenue. >> sharon young, planning department's staff. the report before you is a request for a conditional use authorization to convert a vacant commercial tenant space into a full-service restaurant, the fusion art cafe, specializing on asian fusion cuisine. it is on the ground floor of a two-story residential and commercial building within the inner clement street

neighborhood in commercial zoning district and a 40-x-book district. -- 40-x bulk district. it wants to modify it be ordinance that permits restaurants or bars at the ground level in the inner clement mcd. this is the first restaurant to apply under the legislation adopted. the previous space was occupied by a retail clothing store. the proposed restaurant will involve interior grown for commercial space with no extension of the existing building envelope. the department has received correspondence and a petition with approximately 25 signatures in opposition to the project, primarily for concerned tenants and owners of adjacent apartment

buildings at 269 and 271 third avenue out of concern the restaurant will produce noise, odors, traffic, and parking congestion in the neighborhood. there exists a large concentration of full-service restaurants and other eating establishments in the neighborhood. there are concerns about its financial and monetary impact from the restaurant that will affect the apartment property values and quality of life of the residents. the project sponsor has submitted a petition with approximately 100 signatures from home owners, tenants, and business owners in support of the project within a 300 foot radius of the project site. we will provide more details and responses to concerns during our presentation. the planning department preliminary recommendation is approval with conditions. staff did conduct a site survey

and estimated that one-third of the front is operated by eating and drinking establishments. this exceeds the 20% threshold indicated in the commerce and industry general plan. this was enacted to prevent three new full-service restaurant uses on the underground level -- to occupy victim commercial spaces in the inner clement ncz. this was to allow the character of the neighborhood to evolve with the gradual shift in the city wide economy that has led to some closures of retail establishments along the inner clement. the proposed project would be consistent with the mixed use character of the north clement -- inner clement ncz. i am available to answer any questions. president miguel: thank you. project sponsor?

vice president olague: just start talking. it will come up. >> ok. good afternoon, commissioners. i am very happy to be here. i am dorothy chandler. i am the property manager for the building where the proposed restaurant is located. q the owner. i have managed the property for many years, and this is a very unique situation for us. handicapped person threatened to sue the owner because of one step. this building is over 100 years old. we have a retail store that recently was the target for a lawsuit. the only way to free the honor from a lawsuit was to lower the entire floor by one floods. it cost over $100,000 to

complete this project. we started screening prospective tenants as soon as construction began. that was five months ago. over 50 tents called and we screened every one of them carefully. we wanted to find the best one that was compatible with the people and the building as well as the neighborhood. the most enthusiastic people were food service people. because the menu was unique and we felt that they were enthusiastic, hard-working, responsible, and cooperatives. the restaurant will be quiet and clean. we have more than 100 supporters and eight reference letters for this restaurant from our immediate neighbors and beyond. our supporters overwhelmingly

outnumbered the critics we have. notices went out, and after revealing the neighbors' complaints, i feel that they made some very wrong assumptions. the first concern is drunk and patrons. the restaurant will never serve alcohol. the owner does not want alcohol to be served. no drunken people near the building. second is the concern about noise. not only is it the only unit -- it is not the only unit in this building. we have professional tenants right next to this restaurant.

they have to sleep. they could sleep at 10:00 or 11:00. they will wake up at 6:00 or 7:00. there is a buffer between the restaurant and the closest neighbor. i am going to hear everything. we have taken steps to minimize this problem by adding insulation, lamination. i am very confident that they will not create a disturbance for our tenants. we never had noise complaints about our tenants. this is a very small restaurant, only 700 square feet. the seating capacity will be 25. the kitchen will not be much larger than some apartment kitchen and it will be smaller than some household kitchen. some apartments probably hold

parties that generate more noise. the next concern is about the restaurant causing parking problems. i took 100 photos in the area and found that it was easy to park in the neighborhood throughout most of the day. the weekends were more challenging, but not impossible. there were 10 spaces on each block at 3:00 p.m. and airline -- at 3:00 p.m. on example -- on sunday, nobody parks in front of their building. even though one of our tenants as a coffee shop owner, there is no record. i've visited the police officers and met with the

neighbor's apartment. they said they never gave a ticket for any non-meter related parking violations this whole year. he found no problem with the street in terms of driveway complaint. and the zoning of our building. we will allow -- and this place will not be left vacant. it will not cause parking problems. the fourth concern is the restaurant and bothering our neighbors. we disagree. we will have the event 80 feet- 120 feet from the neighbors in the event will be very small.

the next concern is that this restaurant is undesirable. on third avenue, there is only one business. that is this business. and also the supervisors from three more restaurants. they love the fact that there are so many great eating establishments in this area. ok, the next concern is that the customers will be standing in front of the neighbors building. this is too much. our customers will have no reason to stand in front of their building. it is 100 feet why did. our restaurant is 30 feet wide. the front entrance is 80 feet away from our restaurant front entrance. i am ready to read some of these

references that people have written. i have not had any problems with parking or any noise from the public. i support a full-service restaurant replacing the retail space. this is the quietest part of town. this is from upstairs. i have stayed here because i like the area and the fact that the property manager keeps the building in very good condition. i am a very picky person and cleanliness is the first thing i look for. when i walked into year, i knew that was never -- whoever was managing the property knew what they were doing. i would say is compared to how i am. i have never had any problems with them in the past.

whenever i have any issues, she is their right away to make sure that they do not happen again. she takes bride -- pride in keeping the building clean and she keeps it up to date and in pristine condition. i have spoken with others and they complain how it takes weeks or months to get something taken care of. i have never had these experiences, and that is why i have remained a tenant for so long. it has been a very good experience. she has been very professional, organize, and helpful. the building is in very good condition. most importantly, and it is compliant with the tenants wisely chosen. i am confident that our new neighbors will be a good

addition for us. at this time, i would like to add that we urge you to approve this restaurant. they have already invested a lot of money in developing this restaurant idea with the hope that the city will really carry out this objective of bringing the full-service restaurants to this area. we plan to be good neighbors as always. thank you very much for your time. commissioner miguel: is there any public comment on this item? if not, public comment is closed. commissioner sugaya. [laughter] commissioner borden. commissioner borden: i move to approve the conditions.

commissioner miguel: commissioner antonini. commissioner antonini: it looks like you are going to have a 41, not a 47. that's what it says. i think it is permitted to whether you want to have it or not. i think it is permitted. we should be clear it doesn't make any difference. >> commissioners. excuse me. before you is a motion for approval as proposed. commissioner antonini: aye. commissioner borden: aye. commissioner moore: aye.

commissioner sugaya: aye. >> commissioner -- [laughter] commissioner olague has stepped out. commissioner miguel: aye. i think it's unanimous. [laughter] >> ok, we're on the next item. >> oh, my. oh, my. you are now on item number 14, .0257c. >> good evening, president miguel. the item before you is a request

for a conditional use authorization for tenant space. it is currently an exercise studio on the ground floor of a three story mixed use building. the vacant commercial space was previously occupied a buy at architectural office. the proposal will not [unintelligible] they have occupied the space since march of 2010. the department has been contacted by neighborhood residents that have expressed opposition to the proposal. because the project sponsor has been operating without the benefit of a permit and that there is an overconcentration of personal service establishments. the project sponsor

[unintelligible] based on the survey, the project sponsor indicated that the businesses within this portion of sacramento street appeared to be self service establishments. we have received three letters in support of the businesses. the preliminary recommendation is approval with conditions since the field is consistent with an excuse and commercial character of this portion of sacramento st. which includes -- i conclude my presentation and i would be happy to answer any questions. commissioner miguel: project sponsor? >>