l.c.u. authorized as a bar in an rm-1 zoning district. currently the bar is authorized to remain open until 2:00 a.m. staff recommends approval with conditions, and the basis for this recommendation is that it promotes a continued operation of an established locally owned and operated business which contributes to servicing the neighborhood. the proposal would not displace existing retail tenants and it would provide convenience goods and services to the neighbors. it would not result in a net increase in the number of bars in the area. it would offer local residents and opportunity for entertainment within walking distance for many residential homes. it's a high density residential area. and the project meets all applicable code requirements. it's compatible with the surrounding neighborhood.

and it is not a formula retail. we plan to limit the hours to ensure that the use would not be detrimental to the adjacent properties. after the report was submitted to the commission, staff received one letter and one phone call in opposition which stated concerns that the bar would become more of a destination location by adding entertainment than a local neighborhood bar. the neighbors were concerned it would also increase creation of a nuisance in the neighborhood and the department believes that by limiting the hours of operation in conjunction with all the conditions of approval we've set forth, one which include as monitoring fee for the conditions of approval that we have addressed these concerns. the project sponsor has some additional signatures and

letters of support which came in today as well. that's my presentation and i'm here if you have any questions. president olague: thank you. project sponsor. >> thank you, commissioners. my name is debbie cone and i own the bar at 2730 21st street. i brought three copies of the letters, emails and additional signatures and now have a total of 184 signatures, all of the properties that are on the 311 mailing have signed my -- in support of my entertainment license. since 1981, it's been a bar but it's been a nightclub so actually when i went into a lease was a nightclub. it had after hours, it had d.j.'s until 2:00 a.m. i'm from the south bay and originally it was a destination place when it was the monkey club, the owners are from san jose. i came from san jose and how i found out about this place.

the deejay goes until 2:00 a.m. and there's never been a problem in eight years and there was one complaint and the gentleman is in the room now to support me. he doesn't want to be pointed out but is here to support me. each of the businesses operated with their entertainment until 2:00 a.m. all the businesses that were there before. imagine my surprise when i went to the entertainment commission to see about transferring the entertainment license and they said oh, that's not a licensed facility. we know it's been a nightclub but it wasn't licensed. so as demonstrated by the fact there were never any complaints and that the neighbors were -- if he had didn't support it they would have complained before because it was not a neighborhood crowd. i changed it into a neighborhood bar with food and we -- and i cater to the local people, about 0% of my clientele does walk there -- 90% of my clientele does walk there and want to have birthday parties and they say we have a deejay, great, $300 because we have to get a night of

entertainment permit. i've had multiple night of entertainment's permits and paid the fee and they went until 2:00 a.m. and had no complaints. i provide jobs for local community members. everybody rides their bike or takes -- they ride their bike or walk to the bar. there's been less vandalism and issues in the area. i live across the street and three doors down. i own the home and have been for five years. i am in the neighborhood. i spoke with the neighborhood people, one woman who is the only woman that actually the entertainment commission has a letter on file from her speaking out against the last time they went for something like this. i spoke with her, her name is alana, i spoke with her a couple nights ago and she wrote me a note, give me a call. i sat down with her and she says now any daughter goes to your bar and my tenants go to your bar and say how wonderful it is and i'm not allowed to have deejay there is and i've been good about keeping it that way so i project the deejays

from my house three doors away. they're spinning live projected on to the wall behind the deejay booth because i have a deejay booth and the volume is the same whether the deejay is there or not. and i am right there. i'm not going to want any of the neighbors mad at me. they know where i live. i have been able -- there haven't been any issues. bar one guy said he saw people smoking outside was an issue, but i'm outside, i can't smoke. he said resolved completely to my satisfaction. so my request is to please allow me to have my deejays -- i'm not asking for bands. band really make a lot of noise. deejays, there's a volume control. i turn it down. i want people to be able to talk when their deejay is there. i had j.k. sound doing a new sound system in there and wouldn't have spent $20,000 on a sound system to play my ipod. i really think that what is the purpose of the restriction? if it is sound-based the volume

is the same whether there's a deejay there at my house projecting or the ipod. if it's number of attendees based i have plenty of nights where i'm at capacity and i don't at midnight tell half the people to leave. i'm a bar, i'm an existing bar and been open since december 2. and i have people in there. it just really hurts me when i lose that birthday party, it is a neighborhood birthday party and lose it because i tell them you have to pay $300 so they go to a nearby unlicensed venue to have their event. we have lots of unlicensed venues in the city and what i'm trying to do is make this right. and comply and if i have to have some restricted hours that's fine but i'd like to have a reason because really it's not why should i be allowed, it's why not? because i have not been any issues so far and i'd love to be able to speak with the people that have spoken up against it because it's possible they don't even live on the same block, in which case have they actually personally had an issue with

the noise? i'm not sure. and if they have, then i need to know. the woman who opposed it before said yeah, there used to be a different crowd, they were drunk when they left. i don't have straws in my bar because i don't want people to drink their drinks fast. i'm a mature bar and my clientele is -- i'm 42, my clientele is 35-65. president olague: perfect. thank you. is there any public comment on this item? sir, you can come up. oh, speaker card. sorry about that. nimmer altay. i'm sorry if i've ruined your name. nian chang and christophe moscolonik. i don't know. does either of you want to speak? >> i added my card. president olague: you can come up. it's ok. you can walk up to the mike.

>> good afternoon, commission. thank for you taking the time to hear this. my name is ian chang. i've been a professional nightclub deejay in this great city of san francisco for approximate 15 years. i have known ms. cone for 10 of those years and i can definitely vouch for her character as well as being a respectable and responsible barone irand runner of the establishment. i guess i would like to speak on the -- on the matter of the condition, the timing conditions. it really doesn't make any sense to stop the music at midnight or 10:00 p.m., and it actually will hamstring her business because promotors will take their events elsewhere. the industry standard is

essentially going to 2:00 a.m. if you have a 2:00 a.m. bar permit. and so to put these kind of restrictions on this bar is highly unusual. in the 15 years i've been doing this, i have never heard of this restriction at all. so it's a little odd. i think that a business -- a responsible business owner like debbie should be rewarded for the work that she has done and the effort she has put in to creating this establishment that is very much upscale and has fantastic sound system. i can speak personally on how good it is. she's taken a lot of time to -- in terms of speaker placement as well as sound dampening and

inside the bar it sound fantastic, outside the bar, you really can't hear it. so, you know, big ups on that. yeah, that's basically -- i think i would like the -- i would like the restrictions to be lifted and for her to continue to provide entertainment until 2:00 a.m. and i also remember seeing chris isaac. >> a long time ago. >> those are great shows. president olague: thank you. is there additional public comment? >> good evening, commissioners. my name is christophe moscolonik. i'm coming to you to show my support for ociento having an

entertainment license that runs until 2:00 a.m. i'm a deejay and a neighbor. i'm also here on my anniversary to show support. the venue itself, i know how much she invested in the sound system, i also know how much she invested in the soundproofing, specifically to meet the conditioning for the noise ordinance on the street within 30 feet or something along those lines. i also know the volume of the sound will be identical to whether it's a live deejay or an ipod plugged in or a deejay streaming from the studio. that was my idea. there are no conditions for amplified music versus nonamplified music. it's easier to control as compared to a live band. volume is also based on the number of people in the bar, a good deejay and performer, if there's less people it's quieter, if there's more, it's

louder. but the system is tuned to never exceed a certainly volume. i don't think that's an issue. so why are the restrictions, again, because of volume? we've already shown that's not the case. if it's the number of people, well, this is not a club. it's a neighborhood bar, all the marketing for the bars, for neighborhood bars is intended to be a licensed or for people when they have a party here, they can bring their own deejays and bring their own music in. this is not going to be a destination club like some of the larger destinations, ruby sky, all those kind of places. so really it's a question of why not? it already was operated like that, never was a problem. it's definitely cleaned up the neighborhood since i live three houses down and there's not as many kids running around at night scraping cars and tipping over garbage cans and people having a good time and walking on the street. i'd like to show my support.

thank you for your time. president olague: thank you. is there additional public comment? >> good evening, commissioners, my name is steve wassermann. my brother and myself own the building which debbie is our tenant. first i'll address a couple points she made from what i see as a building owner. you can't miss the building, it has a beautiful mural painted on it. the previous tenants put a clear coat on that to take the graffiti off and since debbie has been my tenant the last seven or eight months, no graffiti. the tenants upstairs which i believe one is here routinely about once every couple months or so gets a complaint about the noise. since debbie has been here, not one. not one. several violations i get from the city saying my tenant hasn't brought in the garbage cans or keeping a clean sidewalk. since debbie has been there, not one. insurance, you know you have to

keep proper business insurance. i get notified that, it's a breach of lease if they don't do that. how many times have i got than with debbie? not once. as far as business operation that she runs, i can assure you because i go by my building three or four times each week at least, the place is spotless, spotless. she runs it very professional, very exemplary business. overall of that, my brother and i are both born and raised in san francisco, we're both raising our families here. this comes down to me a point of you want to be with people who contribute to our society and to our community. debbie does that. she hired local people and taken a corner that was a little iffy and put a bright spot on it. it's made my life easier, done a wonderful improvement job on this base if you do get a chance, i of course invite you to go if you don't believe me. but these are the kind of people we want in our city. it's who i want in my estimate

so with that i hope you see it her way and accept it. president olague: thank you. is there additional public comment? >> good afternoon, commissioners, debbie is a dynamo. the industry is looking for more good operators. the fact she has a condition that's limiting restriction is something she inherited. the prior owner/operators were operating in violation, so she's trying to do the right thing and become compliant. i would let her go until 2:00 because this is a nonalcohol related request. she's already permitted to serve alcohol until 2:00, so in essence you need to have the music to accompany that experience and therefore, i would recommend that you allow her to go until 2:00 a.m. so she can move on and we can get her properly permitted and have her as part of the industry.

thank you so much. president olague: is there any additional comment? you can come to the mike or stand along the side if there's anyone else. thank you. >> thank you. my name is cole berger, a local musician and deejay. i've known debbie a long time from san jose and actually deejayed for her in her house, actually, and had a projector on to the walls. two points i wanted to speak about were one, the way they were doing that aside from it being an interesting tech savvy way of providing somewhat of a live deejay with music for people from a mow motorors standpoint or deejay -- promotors standpoint or deejay standpoint, it kind of took a lot of the social aspect of it out of it. so while it was kind of interesting in some ways, i was having a hard time getting people to come down and support her business and support the music we all love because standing and sitting in a bar and listening and stuff when

you hear something you like or you want to have a conversation with music with the deejay you can't do that if you're just a two dimensional thing on the wall. so that, while again it is interesting they did that kind of took away from the atmosphere of having a live deejay. so i hope that you can grant that request and secondly, the other thing i mentioned is the time element of it which of course we talked about before, having been somebody who has been a part this music scene for a really long time and, you know, been a part of all major cities, music scenes for a very long time, i know people don't really go out until later so on a general label if you were to curb the live deejay element at 10:00 or 12:00, most of her clientele is going to show up and basically be told to leave and that's eventually going to get to the point they're not going to really show up. aside from the neighborhood element where definitely there are a lot of people walking there, they can walk other places where they choose to go other places and think this business as was mentioned before it's a really beautiful

space, she does a great job taking care of it and the neighborhood. i don't see why having it what it was before with the monkey club as far as the precedent they set, it just doesn't seem like a harmful scenario as it is right now so i don't want to belabor the point but thank you very much for your time and home you're in favor of ms. cone. thank you. president olague: additional public comment? no. seeing none, public comment is closed. commissioner borden? commissioner borden: yeah. i just wanted to see i think this is a great project. it's really funny because earlier we were talking about a new classification of entertainment and the need for greater flexibility for people to provide entertainment venues and i think it's great you're coming forward to get the necessary permits and really unfortunate that previous owner has never done that but i think that it's always been a venue that had music until 2:00 a.m. so why wouldn't it continue to be a venue, music until 2:00 a.m. and i applaud you for taking the expense to do all

the soundproofing and the music improvements to make it a very livable space and you make a great point. when someone goes to a bar you still want to be able to talk to other people and when you have the music too loud and it's usually restaurants that don't have a deejay the music is superloud and you always have to tell them to turn it down several times. i think it's really impressive that your support, looking at the signatures is really right there in the neighborhoods, you live in the neighborhood, there's been no complaints, the property owner likes you. and i understand that from staff, the reason the restriction was put on is because you're in an r district but i'm going to move to approve and have it until 2:00 a.m. >> second. >> commissioner big ell -- commissioner miguel? commissioner miguel: yes, just one comment even though i'm supporting this. i wish more people in the entertainment industry, the bar industry, if they're going into a new location, would actually

find out what is permitted there. i know i'm saying this after the fact, i wish more property owners knew what was permitted there and were forced to tell prospective tenants. it provides a difficult situation for the public, for those who try to go into business and for this commission. it becomes a very confusing situation. and it's very annoying to me anyway, and i think to many of the commissioners. that being said, deejays do differ as was mentioned from live entertainment. back in my college days, a buddy of mine and i installed sound systems in two jazz clubs in san francisco and the sound was controlled by the musicians.

there was no on-off switch. this is very different and you have control over the sound in a much better manner than without it. people are, i know this from my grandchildren and my children, going out later for their entertainment. they don't go out at 6:00 in the evening. they go out at 9:00 and 10:00 in the evening. so to go to 2:00 a.m. to me is what should at least in certain areas of the city be permitted. president olague: commissioner fong. commissioner fong: i'm in support of the motion and appreciate cole speaking and what he didn't mention is he also coaches youth bands, namely staple piece at root division there, thank you. >> on the motion, commissioners, two -- to approve with conditions lifting

the amplified music restriction to 2:00 a.m., commissioner antonini? >> aye. >> commissioner borden? >> aye. >> commissioner fong? >> aye. >> commissioner sugaya? >> aye. >> commissioner miguel? >> aye. >> and commission president olague? >> aye. >> the motion passes unanimously 6-0. you're now on item 13 for case 2010.1042-c at 660-670 fourth street use for authorization. >> erica jackson, planning department staff. before you is a request for a conditional use authorization to allow wireless transmission facility consisting of 10 new antennas and six new equipment cabinets operated by at&t. the antennas and equipment would be located on the rooftop of an existing mixed use building at 660-670 fourth street. since the report was written staff received one more letter from a resident of the building with the concerns of the proximity of the antennas to

his rooftop deck and the letter sent to you tuesday of this week but i have hard copies if you wish to review them. the proposed project complies with the applicable requirements of the planning code, the project is consistent with the 1996 w.t.s. facility sighting guidelines, the proposed location is classified as a preferred site for wireless transmission facilities and is designated as number five. the project sponsor complied with all procedural requirements for the establishment of a wireless transmission facility including holding a community outreach meeting to residents within 500 feet of the proposed location. the proposed project will assist in maintaining a complete a

is broader than at&t's or even shorter or what. but maybe you could enlighten me a little bit. >> good question. our antenna sort of geographic area covers between two to four city blocks. that's all it can be further than that, it can be less than that based on whether the topography, whether there's buildings, with a area we're trying to reach. those limitations are across the industry. i can't speak for them but from what i know, it's basically the frequency that's given to us by the f.c.c. for that distance.

>> and then when you finally -- and these antennas, i assume, are going to suffice for when you actually move into l.t.e.? >> exactly. we're building for capacity for l.t.e. >> all right. because it just seems like in my mind i thought you were covering 10-12 blocks at a shot, you know. and i know we've gotten other requests from sprint and others and they've been restricted. >> there are areas in the sun set where for us on a grade we can reach much further but we're still pretty much restricted by building heights especially in san francisco with hills. >> ok. thank you. president olague: commissioner antonini? commissioner antonini: i am supportive but stheefed email i

think from one of the residents from the building you're putting them on. and i did respond and unfortunately wasn't able to be at the hearing to understand there are not the risks he attributes to, you know, the antennas, i'm not sure exactly where his unit is but i'm supportive and certainly can tell you on the night the giants won the world series it took about an hour to get through to three other family members who were all not near land mines and eventually hooked up and were able to enjoy the evening, but it was a high demand night and they weren't even playing the game in san francisco. everybody was on the cell phones. >> exactly, exactly. we ran into that at the civic center area as well. during the parade where our capacity is very limited in civic center. president olague: commissioner fong? commissioner fong: motion to approve. >> second. >> on that motion, commissioners, to approve with conditions css