points. this is the removal of a glass enclosure and the creation of an outdoor patio measuring approximately 144 square feet in size at the restaurant known as the brickyard. i would like to address the threshold for impact for noise. will the project cause a significant permanent increase in the ambient noise levels in the vicinity of the project? i would like to reiterate that, a permanent increase. in our response to the appeal, a noise map from the city indicating that the ambient noise level is in the range of 70-74 decibels.

noise tests were conducted by the entertainment commission, one was back on december 18th, with the doors closed. due to the heightened attention on the open or closed nature of these stores, the planning department requested an additional test and that was conducted this past saturday. the tests showed the noise levels to be compliant with the city's noise ordinance and along the lines of the range of the ambient noise levels. this is with the doors opened. the worst-case scenario, no

higher than the ambient noise levels already existing in the streets. the addition of the patio due to its small size, prescriptions on occupancy and hours of operation would not cause a significant increase in the conditions of the site. the proposed project would not require additional and varmint to review. -- environmental review. ceqa does not allow mitigation and measures to be applied. this was meant to indicate that the commission has the ability to apply conditions of approval above and beyond levels

necessary. the transcripts indicate that it was responsive to community concerns and required that some of them to close. they require the conditions that the patio doors are closed after 10:00 tonight. although the terms impact and mitigation our terms under -- with specific meetings, they are used in general and planning and are not limited to use only in the ceqa context. additional conditions of approval go above and beyond what was required. the department conducted a thorough analysis of the project under the guidelines. it is importance to keep in mind

that this is located in a neighborhood commercial zoning district. this is located along a street with existing high ambient noise levels. the entertainment commission has conducted readings and concluded that the project is operating with a noise ordinance levels. although the noise impact determined was less than significant, the planning commission chose to adopt additional conditions of approval to address community concerns about noise. for reasons stated previously, the determination complies with the requirements and the project is a properly exempt from environmental review. the department recommends that the board uphold the categorical of invention and denied the appeal of the commission exemption. thank you.

>> why don't we now hear from the project sponsor. >> i am the attorney for the brickyard. i will keep my remarks brief. the appellants bear the burden of proving that the categorical exemption has not been a pride appropriately. -- applied appropriately. they have failed to show it falls within the exceptions of the use listed under the guidelines. the appellants have provided no expert opinion or proof of noise which violate the ordinance. the city has conducted its own analysis by way of two venue inspections that we just heard about.

the brickyard has given numerous concessions. before the brickyard moved in, of the project was vacant for two years they got used to the quiet and they seem determined to keep this location shuddered. the planning commission listened to extensive testimony and agreed that the numerous concessions were adequate to address the neighbors' concerns. the unanimous decision allowed

the project to move forward and it should stand. i urge you to uphold the determination of the planning department and allow this to proceed. >> since the late 70's, this venue has been a full-service restaurant and bar. in 1983, it became bayside sports and grow. it was in business for 15 years. this space was vacant and considered it like to the area until we opened. since the opening of the public, we have focused on becoming a neighborhood restaurant and bar. we created over 50 new jobs.

we invested significantly in our kitchen and brought in our executive chef who was trained under thomas keller serving high-quality locally owned food. we are a proud supporter of local charities and nonprofit organizations. we have helped these organizations raise over $40,000 in the past year. this has undergone a complete renovation aimed at attracting a more mysterious -- a more mature clientele than the previous menu. our patio has the support of the union street merchants association, the enrichment association, directly adjacent building owners. we also have the support of over 1200 san francisco

residents. 125 live within a few blocks of our venue. we understand that there are some members who have issues with proposed ounce dining areas. it is important to consider the typical use of this restaurant and patio. there are always exceptions were the venues aren't full capacity. our typical attendance is 30-60 patrons. we understand and respect the fact that the neighbors have the right to peaceful enjoyment of their property and we have no desire to interfere and we would like to close this with all of our neighbors on union street. we feel with the changes that we made during discretionary review and with responsible management, this new business will add value to our neighborhood.

thank you. >> any questions? at this time, why don't we hear from members of the public that wish to support the party of interest. >> i am the chef. i have to go first because we have a restaurant. i have opened a key of the business -- i have opened two of the biggest businesses in the past few years. i'm a chef. i came here because i wanted to do good food. i came here to bring that to this place.

we are a restaurant and a sports bar, we are not a sports bar. that is what we do. we are doing good food and we have a good environment for it. i apologize for you having to be here. >> next speaker, please. >> about a year ago, we opened before the brickyard. we took a big chance on this space. this was really dying. it was really dead. we remained in a tough economy. we spent a lot of time, energy, effort on our restaurants and we built out a really nice place. so did the brickyard. they have done a really good job. the food is fantastic. the patrons are a really good

crowd. they always have a security person there on the weekends. i always blocked in to see how they're customer traffic is busy. there has been times when there are 10 or 50 people there and they still have a security guard to to make sure that nothing goes wrong. i was here on january 20th when the planning commission approved this project and we have heard from the planning commission again. any further delay of allowing them to open the patio would be obstruction of commerce and i strongly urge your support. >> i'm resident of the union street area. i live on the corner of the cannon and filbert. i'm partners and a small business in san francisco. i have to say that in the past few years, we have seen the inconsistency in some of the

challenges that the union street corridor has seen. the evolution of the corridor with other businesses up and down the street, i can say that everything i've seen with the brickyard has done and i recognize the concessions that have been made. >> i'm here to support the brickyard. to call this an average sports bar with an image her clientele is really a disgrace. i encourage you to check it out.

this is an amazing restaurant. this has very good clientele and i am proud to say i am a frequent visitor. this is probably the loudest corner in san francisco. i never once had an issue with the noise level coming before 10:00 which is when these windows have to be closed. also, the reason i moved to that area was because of the outdoor life that union street has. it has shops, restaurants, everything you want in a city that you can really take advantage like every other neighborhood in the city.

i want you to give me the same rent that they have. finally, i like to speak to the character. i am very proud to not only, my friends but also my business. course i am one of the partners on brickyard. i moved to the area about a year and a half ago. i am a former police officer. i only bring that up to let everyone in the room know that if anyone will keep a watchful

eye and one is going on in the community, it will be me. i can really tell you which martinis -- which of our opponents are drinking martinis one after the other. there is a lot that goes on in a neighborhood. i live and my biggest concern about the neighborhood is never noise from the restaurant itself. as odd as that may sound. it is actually the muni buses that come by every 10 minutes. you hear more of from those than you do of bar noises. on occasion, you will hear the loud cheers. the pictures that we see our extraordinary days in which we have had march madness.

we have the world series. it is surprising to me that we have to go through the same thing over and over again. buses do not pull up and stop in front of the brickyard every day. we do not have them congregating at the brickyard every day. the noise, i have heard things like deafening. i would probably be the first one to complain, living on octavius street. we want to be respectful of our neighbors. we want to consider things that are going to -- [bell] president chiu: 0 thank you. next speaker. >> i move there because there was a lot of action, bars,

things to do, and we are on a major bus line. just the noises from buses in groups of people coming from other restaurants, bars, places, it can deftly drawn up the sound of my tv. it is not an extremely quiet. . since the britster has been opened, it has not increased at all. i was there during the bayside days. it is definitely the same or better now. >> my name is the napp. i am a neighbor and homeowner. i have lived within two blocks of the brickyard. i am here to show my support because we're very happy to have a new addition to that block, especially on union street. during the downturn, there have been some and the store fronts. finally, we have some vibrancy on this part of the block.

where i moved to where i did, i'm very happy with where we are. >> how are you doing? i am -- i live three blocks away on lombard. i have three points to make. one, it is about the economy, which i think there was about 30 vacancies a few years back on union street, and we were in "the new york times" about such a downturn, and we have brought new businesses in. we have restaurants to be allowed to flourish, and i think there are maybe only 10 vacancies now, and it is definitely getting better, but i do not think we are out of the woods by any stretch of the imagination. the metropolitan area was just

voted i think top-10 economy's going in the wrong direction by "forbes," and with the 10% or so and in climate rate, but i think it is about the economy and trying to generate small- business, and it is for this restaurant in this business. there are days when there is a colorado-buffalo football game, and people come in for that, but in general, i hang out there sometimes, and there are 20 people. one is about the economy. two is the opposition is very disingenuous for the most part in my opinion. it also blocked the cn which shop from coming in in the same location citing it was a sports bar, although if you have ever been to their restaurants, it is not a sports bar. and even attended a golden dave valle neighborhood association where they said they liked the

vacancies because it could remind them of when their kids could play in the street 40 years earlier, and i do not need it is fair to compare well with koran on for years earlier to what is going on in union street in 2011 korea i would rather be living in the 21st century. but -- in 2011. i rather be living in the 21st century. >> i am a district two resident in a limited partner in several bars and restaurants throw out san francisco. i do not have a financial stake in the brickyard. i am here today because i think it is important to point out that this establishment is located along and entertainment corridor, and the city does not have enough entertainment or doors for its youth. there are something like 15 to 18 outdoor sidewalks that currently exist on union street,

and i feel that this business has been unfairly singled out. i am a strong supporter of not granting this appeal. i think it will be a financial burden on a business that already has lower operating margins, so thank you for your time. >> oh, board. my name is sean wells, a 12-year resident of san francisco, and i am at the builder and designer of the brickyard. i wanted to point out three things. it was amazing, but what is more amazing is after one year of being open, it still looks like it is close. there are still boards. i do nothing that should be allowed to go on any longer. secondly, i have done about 20 bars and restaurants in my

career. i have never set more time or money on sound panels that i have with the brickyard, and thirdly, i walk into a lot of projects at the very beginning stages and get to see the neighborhood, and the great thing is is there was parking everywhere. there was not energy on the corner. go to that corner today, and there are people walking across the street. there are cars waiting for parking spot. this neighborhood has been brought back to life, and i think that is the point of trying to ban the bars and restaurants. thank you for your time. >> hello, supervisors. my name is eric, and i am one of the vendors for the brickyard. i am also in residence of san francisco and live to the blocks

away, and i just wanted to express my support for the management and the owners of the brickyard. >> good afternoon, supervisors. i am one of the owners of the brickyard. but this one to talk about some of the support that is here. we obviously have some opposition from the neighborhood, but as you can see here, we do have lots of support. as you can see from the people who have showed up today as well as building owners. we have got about four adjacent business owners, 26 business owners on the street. 1200 residents, and there are about one of 26 within two blocks of the business. as we are talking about sound, a, pointing out that your

response will business owners, and we spent a good deal of money on the sound panels and have made changes to violate the state open on the patio, having accepted limitations that we have. we also have multiple business owners, 26 patio's on union street. i would just like to point out that this is not a new thing to union street, and we would like to hopefully enjoy our patio's. thank you. >> ibm jeffrey levine. i have been a 20 year resident of san francisco and a neighbor of the brickyard on union street for about 20 years. i 100% support the management and the establishment of the brickyard, and all of the issues are positive in the neighborhood. fahey.

-- thank you. >> this reminds me of what i experienced in chicago. i lived across from a german bar, and i love the hollering. just by sitting in my apartment, i was able to know when there was a home run or a score. it was great. and now, a live across from a theater, and it reminds me help quiet of the neighborhood is, a in a really wish the theater would put in an open window, and that which i consider the lecture series, and that would be a good thing . i think rowdies' boards bars are a thing .

-- icing browbeat sports bars are a good thing. -- i think rowdy sports bars are a good thing. >> the brickyard is frequented by many people, and i serve on the board of directors of a group, .and many of our constituents in the brickyard is a great place to be. it is frequented by people are professional and to have a good time. people are not out of control, and i think that speaks to the great management. i fully support the patio. i think it would be great to the economic vitality.

>> i think i am last, so my name is jason. i have lived in san francisco for the last seven years. i am a vendor also for the brickyard. this is my first time here, and i am sure as elected officials, this is part of what you every day. emotional outbursts, some are actual, some are not. the reason i am standing here is that the owners of the brickyard are as ethical as business owners can possibly be in san francisco. i think this city would be better off to have more people like them, and hearing the neighbors, their emotional pride, their emotional responses to the loudness that is the brickyard, to be a part of it, as shawn has pointed out,

there have been thousands of dollars worth of soundproofing and equipment to disallow the potential noise, so i am in full support of the deck. president chiu: any other members of the public wish to speak in support of the project sponsor? we will hear from the appellant. >> fenty. we have heard a lot of great people today in very much want union street to succeed, and i implore you to help us do that, and i'm going to get back into the boringness of ceqa. the wrong legal standard is being applied here. the planning department looked at the noise impact of the project. i have tot