they said it would be open during the par's application and permitting until 1:45 a.m. if appropriate after one year of operation. project sponsor met with the police department and agreed to the police department's proposed time of 1:30 a.m. and the department staff received corners intothe in support and opposition of the project. letters of support have been received from the north merchant's association and north beach and business. a recommendation was rfed. the compatibility of the project. they have a condition use authorization request and allows amplified music for several reasons including the following considerations. police department indicated they would be supportive of the 1:0 a.m. music stop time and after

the broadway entertainment corridor. that allows them to more closely operate in the broadway n.c.d. the project promotes the viability of the overall broadway n.c.d. this concludes. i will be available for comments you may have. >> project sponsor. >> planning commission. employ name is northward mar vi. i'm a manage -- nard marvy. we have an offer from the police station that is allowing us to play amplified music until 130 and consideration after one year. we're grateful and we accept the offer -- also -- tell you our

story when me and my partner purchase the dragon bar, which sam young was the owner. he had a -- he had a -- entertainment license. >> could you speak a little louder. >> sure. >> he had an entertainment license that allowed him to play until 2 a.m. which operated for seven years which that condition and he had no -- no complaints or -- or from the neighbors or the police department. during our -- our outreach we found -- actually, when we went to the entertainment commission, they informed us there's a restriction on the license that -- that was only allowed to play until 12 a.m. for amplified music. they instructed us to apply for conditional use. we initially had outreach with captain brown which was the central station captain.

we had a good rapport with officer math that is -- that the yass. he also spoke to our inter-- he spoke to us and said we were a breath of fresh air for broadway. we -- -- when the -- when the central station went for a change and captain cashman was in -- in position, he recommended 130and 145 for music with recommendation -- of -- i'm sorry, the recommendation after one year for 145. we understand -- the -- the staggering strategies of broadway because of the because of the heavy traffic on there. i truly feel it is -- it is mostly for saturday and for -- for friday and saturdays which, which there's all of the nightclubs and the bars that are there.

we had 145 with captain anna brown which first -- first she -- she recommended 1:130 and then after i met with her. i she recommended 145and 145 was adequate time for -- for our patrons to be staggered. we have a good security plan. we feel that -- we feel that 15 minutes, we could get everybody out, and in a nightclub or a lounge. there's a difference between our patrons -- that -- that are on broadway on fridays and saturdays. we also understand that it is very hard for us to get our clients on fridays and saturdays to our place. because of the -- the traffic and problems on broadway.

the 15 minutes that was cut off from our closing time was i think -- was for friday and saturdays. they -- their lounge, they open seven nights a week. when you multiply that by 365, it just adds up to our bottom line. i truly feel that we need to -- to be -- to be successful in our goals. we need to be a good business operators. and also -- be a solution to the problem, no -- to be a solution, not a problem. i just wanted you to hear our story. we're -- we respectfully accept 130 offer. and i just felt you should hear our story. >> i amun able to hear. >> i amun able to hear. the am beent noise is so loud from outside that his voice is

muffled. >> commissioner requested the services to turn up the volume on the lech turn. >> it is not you. >> that concludes my comments. >> problems with that mic ever since they came out. not long enough. is there public comment on this item? good afternoon commissioners, i'm a consultant to the applicants. just want to give you a little overview. i certainly think a 10 and -- is very reasonable. the police have been there for four years, trying to -- to get a handle on the situation. however, what is more concerning

to me is -- rather than taking, you know, 15 minutes here from this an my cant who has made a considerable investment, the good owners, the good operators and they have done extensive outreach. i don't know if chopping 15 minutes here or there is going to stop guys coming from from east bay who have bought into this thug life mentality that are 18, 19, 20 years old who are attracted to the corridor for other activities. so, my -- my big concern here and this is for the whole thing is -- allowing good owners and operators to operate so they could have economically sustainable businesses, so they could buy the security and in this case, it is 176 occupancy with -- they're going to have four to seven security people that are highly trained. i'm not worried about them per se. i'm more concerned about -- about some of the elements that has -- that an attractive place to come to the corridor.

they're not patrons of any business down there. they're down there hanging out. congregating. this is the bigger challenge i think we face if the society and nobody seems to answer for it. i'm really concerned about -- about you know -- penalizing good owners and good operators. the police position as a whole, they got to get a handle on it too because they're dealing with drainage of resources and we'll have to do more for less. i totally understand their position. but -- i think in this particular case broadway as a whole needs more operators like the ones you just spoke to today so we could change the climate and the culture down there i'm optimistic about them but i'm concerned about other stuff going on over there. >> thank you. additional public com pent on this item? if not public comment is closed. commissioner borden. commissioner borden: i'm happy to support this item. the new design of the club hooks

really amazing. it hooks like it'll be a great establishment and unusual to get support from the police who seem to be against intensification of activitys in this area, it must be a credit to you as the project sponsor that they would be supportive of your project. i completely understand your issue, i been -- i been high ball lounge many times. they didn't shut down its -- at midnight they're murvinge. i don't know what the dis-- their music. i don't know what the discrepancy was you thought what you were getting was different. i think we should be supportive of 145. i think the issue is that the police department wanted to wait a year and i would like to craft a motion in a way that we could say it would be automatic, with the police department's support that you could go to 145 in a year with the police support. make that automotive if that is what, since the police department said they would consider that. i would move to approve -- with

the condition that -- that for 10 but 145 in a year with the police department support. >> second. >> antonini commissioner antonini: i entirely understand. you're going to run a good operation but i am cognizant of -- of you know, bridge and tunnel problems and other things that were alluded to. that being said, i completely understand the police position and not individualized for your establishment but rather the staggering allows them to respond. if everybody out at the same time and in addition to those that may wander around the street, it is impossible to police it. this way can -- they can direct their attention to people coming out and being victims rather than perpetrators. hopefully that's not the case but others who do things. i think they can relegate their forces a little more which is staggering. i'm supportive, sounds like a plan.

>> i am also supportive of the project. i wish you the best of luck. if there's a hand-some looking design. and upscale and revidal y50eu6bs revitalizes the area and we hope the security is at the utmost and for the safety of folks and the reputation of san francisco to make sure we don't have any more troubles. i'm supportive and good luck to you. >> commissioner moore. >> i'm supportive of the project based on the recommendation and the motion as put forth by the department. i think that the department has given the thought, i think it is a collaboration between all participants and i think i -- mr. catalano would not say we're singling about a group but starting a more interactive process. it would be great to have you be

on board to have this group be the first one to start it. and somebody will always be the first. and if it works then let's go with it. let's go with -- the proposed time as for department and start there. and then we could see how it works. >> i'm also supportive of this project and what i'm pleased about for a change, a police station is actually given a reason for their recommendations. those of you who are around here any length of time know what i'm talking about. >> commissioners on that motion. an neney? aye borden aye moore aye sugaya aye. so moved, that motion passes unanimously. and puts us on a and b for 2000

for 519 ella street and 430 eddy street. >> this is a request for an amendment to the kns of approval for two previously approved conditional use authorizations. and good evening, president miguel and members of the planning commission. my name is kevin guy with the department staff. once again this request is to amend the conditions of approval for two previously approved companion projects to extend the performance period by three years. the projects would construct two five-story buildings, containing affordable dwelling units and two adjoining properties located at 519 ella street and 430 eddy. the entitlements were approved in 2004. the project are not constructed

for the economic downturn and difficulties and financing for affordable housing projects. however, the sponsor wishes to pre-- preserve the opportunity should s improve. they originally wanted a tax credit and city funding but now expressed an interest to seek out other means of the partnership for other affordable housing developers. the staff believes the request is appropriate given the economic circumstances are beyond the control of the project sponsor. the buildings would replace a underutilized existing surface parking lot and would replace it with affordable units. it is well suited for the housing given it is served by twrans it and within walking distance of goods and services. following the staff report, the staff received comments from mr. shaw from the clinic. mr. shaw indicates he supported the entitlements however,

opposes the requested extension. he believes the project sponsor had ample opportunity to develop the subject property and does not believe the project is financially viable. he expresses a concern that the sponsor may be retaining existing land and -- land entitlements simply to insulate the value of the subject property. and have copies of mr. shaw's letter at this time. we have no other letters in support or opposition to the entitlement. no changes are proposed to the design or intensity of the project as originally approved. and that all of the original conditions of approval would remain in effect. should the commission grant the extension, the zoning administrator was omp asked to extend the timeline for the associated variance. this concludes my presentation. i'm available to answer any questions that you have. thank you. >> thank you. >> project response here?

>> good evening. my name is erik tang. i'm the owner of the property located on -- i'm -- i requested you to grant the extension of this project. my intention is to -- to complete the project and finish the -- >> excuse me, sir. i'm sorry to interrupt you. the commission is having a hard time hearing people out of that mic. i think that second mic right next to you does a better job. i'm going to turn that one on and if you don't mind. >> yeah. >> my name is erik tang. i'm the owner of the property. i request the board to consider granting the extension for this project.

my intention is to complete this project and i know there was concern regarding the -- the -- the viability of this project. we have been trying to build this project for the last few years and we were in and out of the contract and working with different nonprofit groups to do the financing and -- i been talking to -- to the lender recently that -- that -- by utilizing the financing, we could -- they could basically finance this project up to 90% of the cost. we ran numbers. as a matter of fact we ran numbers yesterday that -- that you know the number of -- the number worked out and it is enough to like -- to -- to fill out this project. and obviously the process taobve about a year, but that would give me time right now to finish up the structural report and proceed with the construction.

president miguel: thank you. is there public comment on this? >> this is a similar project but was on 949 polk street. it was designed by the same architect. it is an almost identical design. 949 polk street is an almost identical project. i believe this one is a 24-unit senior housing. president miguel: thank you. >> randy shaw, director of the tenderloin housing clinic. the reason we strongly oppose granting another extension is that this was not a permit granted in 2007 or 2008. this was granted in 2004, when things were booming in san francisco, yet they did not

build in 2004. they did not build in 2005 or 2006. those are three of the biggest boom years in the history of the world housing market. now he wants us to believe that based on some computations he said he did yesterday he is going to get this funded in 2012. i do not see it. it is not an economically viable project. allowing us to have to suffer with these eyesore parking lots -- if you go a few blocks down, across from the phoenix hotel, between larkin and polk, you see the building next door. that was an eyesore block. once they filled in that parking lot, that bloch's taken off. it is thriving. we think that block can be as well, but not if we have an owner who has no ability to build. he says he is partnering with nonprofits. i have never heard of a nonprofit.

i know housing nonprofits in the tenderloin to work there. i have never heard any interest there. this claims to be an affordable senior project, but he is not a non-profit. i am not sure the economics of a private developer is going to give the government money for a project. we want to give him a shot, but it is six years. there is a harm to the community to give him three more years to do more back of the envelope. we review this every day. it is a hard time to get financing. a 48-unit two-building affordable senior project with no subsidies -- that is not finance a ball -- that is not financeable. it is like land banking. there is an element here of waiting for some entitlement.

maybe downtown will need an off site exclusionary they can use. this really is not a viable project. if he does not get it, you may support another product he brings back to you. he may realize this is not real. he will sell it to somebody who will build there. let us not let him -- he cannot get this done. at some point, the commission has to look did this and say, "i know you tried. you are not going to get it done. give the community a chance for someone else to get it done." thank you very much. president miguel: isabel marshall. >> good evening, commissioners. as a tenant next door to this project, i am stating my case opposed to this extension.

this parking lot area is an eyesore. it is also a place for drug users to hide between cars and defecate and use street drugs. those activities are visually seen by children who live in our building, right outside our apartment windows. we believe that it brings an element to our neighborhood. there is also a children's playground across the street. it creates a spot popular to sell and do drugs, possibly endangering the families and children living in our buildings. another reason to get started on this project as soon as possible is the bottom line -- construction costs. in three years, they are going to be higher.

the partnership, as mr. shaw pointed out -- building an apartment in a farming parking lot did change that entire neighborhood. community housing partnership had the ability and the viability and the partnerships to be able to build this and to partner with other non profits. php has built an excellent reputation in operating affordable housing and has successfully turned several people's lives around in doing that. as we know, a lot of senior citizens have lost their pension funds. they are now in conditions where they cannot afford to live the way they used to. that is the necessity of building more senior housing and

more housing all around. that is another reason. thank you. that is all i have. president miguel: thank you. >> commissioners, my name is isabel marshall. we oppose the parking lot. we know for a fact that the parking lot consists of a lot of unsafe, unsanitary, unattended, and watched spaces where people do all sorts of activities, including drugs and crime. we cannot seem to get the parking lot gate to where it can close and lock. it is open all the time. we have tried for years. i have been a manager for 10

years there. we try to keep it secure, but it is unattended. they are doing all sorts of things. community helping partnership is a nonprofit agency helping the homeless community. they may be taking a while to get it together, but we would like to put two buildings there for seniors. we have been successful in the past with doing this type of operation. it may be taking a little longer than we expected, but we would appreciate if you give us a chance to try to change this community. it does change the community when we build nice, affordable, clean, decent, safe houses. president miguel: thank you.

is there additional public comment on this item? if not, public comment is closed. commissioner olague? vice president olague: as time goes on here, i am becoming more cautious about granting some many extensions to these projects, in part because we do not have a liking ordinance in place. i go down central market all the time. between market and mission, there is another project week entitled a few years ago. these bacon plots just sit there. it is an eyesore. there is potential that may be untapped because someone is just sort of sitting on the side. i agree with mr. shaw's letter that he had this property that was entitled a few years ago in the heights. there were many opportunities at that point and none of those opportunities were taken

advantage of at that time. also, it seems to me that this is a private developer, as was mentioned. it seems that a project like this might be better kept in the hands of a nonprofit developer who has experienced financing and making something like this happen. i am going to go ahead and move that we do not grant an extension. i guess we have to frame the motion because of the language of the approval with condition. i employed to move to disapprove. -- i am going to move to disapprove. >> a motion with intent to disapprove and to adopt findings? vice president olague: that is my motion. commissioner borden: second. commissioner moore: i want to mention my concerns that we are more and more pushed into the corner with no bright crystal

ball forecast on economic recovery. other approvals are coming back for re-approval which have been hanging on for a long time. it is very difficult to continue to say yes, we will continue. we find there are quite a few of vacant buildings, boarded up buildings, demolished lots, and no interim strategies. there is a significant citywide lighting effect. we are losing retail tenants. we are having storefronts' partially empty. i believe we need to take stock of offering opportunities to those who, particularly in senior housing and affordable housing, are doing things. i would agree that this is one of the candidates where we should basically cut bait. commissioner borden: i have a

question for the project sponsor, one question. have you personally, or your company, ever developed affordable housing for senior housing? >> i have not. i have been in development for the last five years. commissioner borden: affordable? you have never developed any affordable housing? >> i have researched it. i brought some contracts here. i was in contract with at least three different organizations. at least one of them is community housing. i talked to them as recently as last year. commissioner borden: i talked to them recently and there were not familiar with this. i typically support extension, but in this case, because of the neighborhood you're in, the fact that you have no experience doing affordable housing, and the fact that there are other organizations in the community