wine tasting events. the retail jewelry store focuses on using precious metals to create gemstones. the one bar complements the jewelry retail, creating a unique experience for its customers. there is no intention to convert this to a full bar. in order to ensure this entitlement remains consistent with the project sponsor's intent, we have proposed several conditions to better market the jewelry store while limiting their function as a traditional bar. patrons will be prohibited from consuming one outside the enclosed building. section eight specifies wine and beer only. the bar used is limited such that it may only occupy a third of the tenant's space.

this condition further restrict the bar use, requiring and operate in conjunction with another permitted by right years. the project sponsor indicated they do not plan to operate beyond 7:00 p.m. and their liquor license requests by 7:00 p.m. closure. the department has asked for a 10:00 p.m. closure so that this entitlement runs with the property, not the current senate. it is our opinion that the 10:00 p.m. closure in addition with the other conditions will limit the operating of a full bar at this property. we feel that 10:00 p.m. is the appropriate maximum closure time for retail business with this business model. since your packets without, the department has received two phone calls and two letters concerning the project. the department has also received support front the project -- for

the project from the neighborhood organization. the bar entitlement will be limited to such a degree that it cannot easily become a more traditional bar and will ensure compatibility with the surrounding neighborhood. based on findings from the general planning department, the department recommends approval with conditions outlined in exhibit a. that concludes my presentation. i am available for questions. thank you. commissioner olague: thank you. project sponsor? >> afternoon, commissioners. for the record, our business plan is very clear. we are a luxury retailer. the primary use of our space is for a gallery-style jewelry store. we will continue to do market research. we have found the consumer enjoys sample wines and also

enjoy buying custom jewelry. the tasting room is designed to be open during certain cross promotional events were clients are invited to enjoy tastings while shopping with our designers. our intention is to bring more people to this neighborhood who may have not had a reason to experience it before, but who are will be considered qualified customers. additionally, i must point out, it is common for wind to be served during events, and we've come to you -- for wind to be served during events, and we've come to you today to do this the right way, by applying for the correct permits. whole foods stores often include a tasting room within the store. at his stores, giorgio our money -- armani includes a

tasting room. at no point will the tasting room be open and the sales floor be closed. i would like to address some of the concerns of the neighbors. neighbors we did not know hat concerns until last night. -- had concerns until last night. noise and smoke were a concern. there were numerous indian noise complaints from such sources. we do not desire the area to become a bar scene and smoking inside a jewelry store is not conducive to our business. these are problems we are completely aware of and we do not wish to accept the quality of life of our neighbors. i was made aware of these problems as my window was smashed in at 3:00 a.m. i would like to take the opportunity to talk about the intentions of the tasting room to not be open after 7:00 p.m., as a condition we accepted from the police department. although it is common in high

traffic areas for retail space is to be open until 10:00 p.m., we do not plan on having any more special events than 10 per year. as our hours are posted on our door and website from 11:00 a.m. until 10:00 p.m., we are prepared to change a brouwer's. it is necessary to be innovative in today's economy. it is our intention to be in the space for a long time. it is something we want to make sure you are aware of, that we do not want to have any more empty storefronts, and not in our neighborhood. thank you, commissioners. commissioner olague: thank you. i would like to open it up for public comment. david tan followed by thomas lynn and brian myer santos.

>> [unintelligible] commissioner >> good afternoon, commissioners. i have been a resident for 23 years and since 2004 like many of you have a respite and a sanctuary from the stress of my day-to-day life and i value having a peaceful home. i come to raise concerns about the motion for today's case. as written in the language item number 10 in the conditions of approval, it's actually it violates the existing alcohol license for d&h jewellers. we talked to the owners about it yesterday and all agree that it

is reasonable to adjust to this. i brought this to the attention of the planning staff from the department and she told me she does not unduly want to restrict operations of the project sponsor. we have exist iing existing concerns with noise emissions in the state currently and want to mitigate possible future problems with the noise. and we have the incident number 110633401.2. and i also talked to ms. olague about the concerns about noise and it does not have the measurements and to ask the project sponsor to participate because it would be too costly. and i feel that that did not do

a thorough job analyzing the conditional use permit applications and disappointed and saddened she did not take into consideration and continues to ignore the full impact of the conditions use impact of the current and long-standing citizens with the planning report. i am making a heart felt plea to take into account the residents of the vicinity of the project as they draft the conditions of the approval and am asking them to change the provision number on page 14 as the draft motion so it's consistent with the abc license and to remove the type of events that are closer to the public at 10:00 p.m. because an officer from the police department said it doesn't matter if it's a private event. they cannot serve alcohol or consume alcohol or have alcohol on the premises because they are a business and they will enforce that as a police department.

so i am appealing to the members of the commission to remember the provisions as a 23-year resident of market street and will allow me and my roommates and neighbors there and so we can have our peace and tranquility in our own home. like i said, we like sean and mittzi and we support the project and the only thing that we have a problem with is number 10 and we think it's prudent. president olague: are there additional speakers? >> i really am not having issues with noise or the smell of

cigarette smoke and in the vicinity where i live until d&h jewellers moved in. i do appreciate the offer extended by sean and lindsey to limit the 7:00 closing time and serving liquor and beer and wine and i hope that i am able to continue to live in a quiet, smoke-free environment. as was mentioned before, we are hoping that the conditional use permit with the hours of operation matches the one printed on the alcohol permit which is 11:00 to 7:00 and goes up to 10:00 on a conditional use permit and we ask if it's at all possible to keep it the same as 11:00 to 7:00 and we would love to have that in writing and that that is how policies are

followed. and i want to have a restful format and be a contributing member to society. i want that to be guaranteed in writing. i do appreciate that consideration. thank you very much. president olague: thank you. any additional public comment? >> good afternoon, commissioners. i am a resident above 2323 market street and i wanted to make a few comments about this permit. one of the things i am concerned

is about the noise level and we have no -- we're not against the license, but we want to be consistent about the hours of operation and we believe sean has already agreed with us that the license until 7:00 p.m. and we wanted that in writing. i am for this business and we want to have good relations with our neighbors and businesses downstairs. however, we live there and we wanted to make sure we have a place to retire to after a hard day's work. and we're not against the license. we just want to make sure it's consistent that it closes at 7 7:00 p.m. or 7:00 is the last time when alcohol can be served. president olague: thank you. is there additional public comment? seeing none, public comment is closed. commissioner borden. commissioner borden: and i don't know if you are familiar with shreve, a popular jewelry store

downtown, and they do events all the time and they have done events with the red cross and the similymphony and the ballet i know the environment where they provide champagne and food and a way to raise money for charities as well as supporting their customers. in terms of the timing, i would defer to the commission. i personally think 7:00 is early and i have never left a party before 9:00, but everybody has a different model and if the liquor license is 7:00, i understand that. but the challenge our send it's conditional use and the use runs with the property, not with the use, the current owner. so something else were to go in

there, presumably they could do something different. so i guess they can apply for a different liquor license to go later and so we were trying to cut out the activity of having them come back to us again. but i am open to what other commissioners have to say on that. and i think the provision around private events, again, i would defer to what other members of the commission feel about that. but irsonally think overall i guess the model and i understand the way it works and generally i don't think of the jewelry store turning into a raging bar, but i understand there was noise complaint and there is concern. president olague: commissioner moore. commissioner moore: before saying as to whether i'm for or against it is the fact that anybody is high end and whatever anybody tries is done with the best intent to make a successful business and i am asking myself, how are we singling this one out over anybody else? i know that buying expensive jewelry can be very painful and i am sure that wine would help to kind of ease the pain of the moment, but that is not the issue. and we have many, many specialty stores and almost all downtown is one small specialty store, high end, next to each other, and so are the neighborhoods

where small designers and clothing and whatever are trying to make a living. are we now opening the door and i am having only a discussion, nothing more than that, are we opening the door that in the depressed economy, everybody will come and say this is a model whiched help them -- which would help them make it better? i don't know. i haven't gotten any guidance from planning staff but i am wondering as to whether or not this will have a far-reaching discussion which i believe i do not necessarily want to sol wv one approval and the discussion is much larger. that is my five cents here and i want to leave it open about how i feel about it. president olague: commissioner miguel? commissioner miguel: having had family who has been involved in high-end retailing, not personally myself, but other members of my family over the years, and this is very, very standard throughout the world.

possibly more common in europe than it is here actually. the concept of serving wine at special events, serving wine to special customers during special sales and fundraising and that sort of thing. and we have a situation as far as i'm concerned that you are in a major commercial district with housing above. it is very standard in san francisco. i see nothing wrong with 10:00. i would probably be opposed to anything later than that. i understand the department's concept of not wanting to go back again, but you can serve after 7:00 if that is what the abc license is going to be as they're applying for it. so i see absolutely nothing wrong with it. there are events held in even n n non, high-end stores that

celebrate anniversaries of the opening and celebrate events in the neighborhood that either go for a one-day license or don't even bother getting one in most cases. and serve usually wine or champagne or perhaps beer to their customers. the very fact that they're going to the license and that they are doing it right, that they're putting all these restrictions in, i am going to move to approval with conditions. >> second. >> commissioner antonini? commissioner antonini: i agree. it is quite common that this happens in clothing stores and various retailers. and my understanding, if i'm not mistaken s the hours of operation would generally be ending at 7:00, is that correct? anyway. so the only time there would be an extension for those who voiced concerns would be when there was the occasional, ve rare, you know, special event that someone might happen and

that could happen anyway even if this wasn't part of the permit but it avoids them having to go back each time to get a special license. it is an expediency and i am supportive of the motion. president olague: commissioner sugaya? commissioner sugaya: on the noise issue, i remember that number of years ago saloona was having issues with the sound insulation and whatnot with the tenants upstairs, but that is not within the planning jurisdiction. is that a d.b.i. issue? to staff? >> it would be a noise complaint that would be handled through the police department if it's associated with an activity, specific noise control on the building and i do believe that is what the department of

building inspection. >> furthermore, on several entertainment-related use permits we have required soundproofing and insulation to buildings. but typically it is not a requirement that we impose onto any other type of use due to the cost of tt type of soundproofing. commissioner sugaya: i understand that, but now we're talking about a c.u. that's going to go to the property and i am not saying they're going to go out of business, but let's say they transition and some other owner comeses in and -- >> again, we don't impose that condition and usually for the other entertainment component with d.j.'s and things of that sort. commissioner sugaya: okay. thank you. president olague: just respond it to a little bit and 2323 market used to be a restaurant at one time, wasn't it? maybe that is the other block. we keep on running against this

and across this issue lately here with neighborhood-commercial districts and noise and flow and i do think -- i don't want to be incensensitive to neighbors but when folks move into a neighborhood, i would to encourage people to be aware of the zoning and this type of thing because upper market in that area has a history of not being the quitest of neighborhoods. i am not suggesting that you can move or try to be insulting, but it sounds like it's a wine bar and going to have some jewelry and wine and i wasn't against this issue last week when we

came across it in a neighborhood-commercial district and request for an outdoor patio use and we're going to see that in one of the items coming up. i am just saying that when it comes to neighborhood-commercial districts, maybe it is something we should discuss at the commission is the idea of noise and whatever, but i just think that something that folks need to be really sensitive to. commissioner moore? commissioner moore: i have one additional question. what you are describing is you have to be a customer inside and then somebody offers you a glaz of wine, is that the way it works? >> essentially yes. if the conditions of approval are limiting the approval that 1/3 of the square footage to the building is the area in which the wine and beer sales have to be restricted to. and the other 2/3 have to be another permitted by right business. so the bar and another business operate in conjunction with one another. commissioner moore. , no, the question i am asking you is the bar itself only extends itself to the person who is already in the store looking for whatever. it is not somebody who just walks in and pretending that they are interested in jewelry but really just to have a glass of wine. >> i believe that is their business model. from our perspective, from a land use perspective, it is their business that goes away and another business were to come in, what we're more

concerned about is the physical proportions and the fact that the retail business has to still operate in conjunction with a bar more so than their specific business model. but we want to make sure over the next 10, 20 years that future owners can still use these conditions and operate a certain model but i understanding and i don't think with these conditions a tra tra diggal bar would -- a traditional bar would function and i don't think they will know there is a bar back there. it is not going to be advertised that way. the frontage will be a retail frontage, not a bar frontage. >> commissioner moore, essentially this use would be in conjunction to the primary use and they have an area designated for patrons who choose to have a glass of wine while they're shopping. but it won't function like a typical wine bar would where visually you have a visual

connection to the street, pedestrians can walk by, hmm, i'll have a glass of wine and walk in. this will event front it as what it is a jewelry store. and in the rear there is a designated area that is limited to 1/3 of the space that will be designated solely for that use and pouring wine. commissioner moore: and the wine is a reward for having already at least looked at the stuff. >> correct me if i'm wrong, but to be official, you have to walk in past the jewelry displayed to get to where the area of the wine is. commissioner moore: i got it. president olague: if there is amplified noise or live music, that is -- >> that is not authorized here. no live muse sick permitted. president olague: it would be talking and drinking wine and

that sort of thing. mostly the impact or the most intense activity that might occur at this time. commissioner moore? commissioner moore: as i have you there, would you please comment on the public's concern about private events that are closed to the public and is there a signage posted at the business it's closed for a private event? somebody said they felt that left the door wide open. do you have any comments to that? >> this is a similar condition we impose with a project at 9 west portal several months ago with a similar issue here where it was a retail liquor store wanting to add a wine junction just to serve and that was the condition the commission added on as an allowance to that. appropriate condition to apply to this use as well because we thought they were similar issues. the project sponsor's intent is to only operate a few events throughout the year and so we don't see this as being a regular thing but the ability for them to close the business to the public and host an event permitted by right hours of operation in the district are until 2:00 a.m. and on the few

events, it gave a little more flexibility, but again, the liquor license trumps land use and if the liquor license precludes them from operating later, they can't operate past the liquor license in terms of serving liquor. but it would allow the retail jewelry function to operate standard retail hours that are permitted in the upper market street if they decide to stop serving liquor and just have the show of jewelry going on. commissioner moore: all you are doing is being consistent with what we have done someplace else rather than singling out this location and give them more liberties. it is important for the public to note there is always a phone number you can call if things do require notifying somebody about additional noise because the department is equally interested in having this be an orderly operation which conforms with all the other conditions. >> that is correct.

do you have a question, commissioner sugaya? commissioner sugaya: no, i said call the question. president olague: i'm sorry. i thought you were going to add a question. secretary avery: commissioners, does the motion include the amendment that project sponsor has agreed to on the hours of operation? >> staff recommendation. on the motion for approval for staff recommendation. [roll call taken] secretary avery: thank you, commissioners. that motion passes. >> that is ridiculous! how would you like to have a party where you live? every single day, private

parties everywhere. how is that? is that what you want? >> we limited this to -- we limited them to 10 events, so you may want to go over the conditions of approval with the staff. okay. commissioners, we are now on item number nine. case 2006.0422 mtuze. executive park amended subarea plan. this is an informational presentation. >> good afternoon, commissioners. >> hold on. >> good afternoon, commissioners. i am matt synder of department staff. we are here to give you an informational presentation on executive park and very quickly,

sorry. just a quick orientation. executive park is at the southern gateway of san francisco just west of candlestick park. and here it is closer up context looking at several larger development mixed use developments that you have recently adopted including candlestick hunters point shipyard and visitation valley. and then here it is zoomed in again. and as y see, one of the biggest characteristics of executive park is that it is boxed in essentially on three sides by highway 101 and the

bay. >> executive park project as it's being referred to now essentially has three components. the first is a general plan and zoning amendments to set the framework for development and then there are also two development proposals on the table from the two property owners owning the central office park, u.p.c., and we initiated this process or the project sponsor initiated the project in 2005 with applications and the e.i.r. has been underway for several years. it was published in october and you had a public hearing on it in november. we're, again, planning a couple of informational hearings to re-orient you to executive park. next on april 7 you are scheduled to hear informational hear