parents agree they do not want to have open bars with a patio. we are not opposing the business, just navarre's. -- just the bars. >> good evening. my name is eugene. i represent a condominium one block from the brickyard. it seems ironic earlier you had a hearing that a noisy bar could solve its problem by closing its doors, and here you have a relatively quiet arbar. the word patio strikes me as odd, because it is really a deck, and access is really through french doors, and every time the door opens or closes, that is when the noise is going

to come through. the neighborhood has been very amicable working with the brickyard, and we are happy it is such a thriving establishment. it strikes me on debt in an earlier report they are going to close the doors at -- strikes me as odd in an earlier report they are going to close the door at 7:00. doug -- the door at 10:00. i think this is the situation where status quo is appropriate. >> next speaker. >> carry morrison. i have lived here for 35 years. i would like to thank members of the sport. clearly, you heard the community. -- members of the board. clearly, you have heard the community. here we are with the brickyard

saying we have done nothing wrong. that is untrue. they were instructed by you to find solutions, and they did not. instead of working with neighbors to find solutions, they notified us of what they intended not to do. like it was so innocence when they thumb their nose at a loss of san francisco and illegally ripped off the facades of their art to broadcast -- of the bar to broadcast at the community. where are the penalties and and and and and and and now the brickyard checkbook has paid for lawyers, expediters, and now sound engineers. the brickyard is using hired guns, and if you examine the priests and permit submitted,

they are gaining the system. all this at the expense of neighbors, savings, and precious time. we are trying to protect our school and our homes from the kind of bad taste they demonstrated from the very beginning. in this country, we have laws that need to be followed to make it a pleasant place to live. they need to keep the noise off the street. they need to rebuild the sun room. thank you. >> next speaker please. >> i live on green street behind the brickyard, and when we were here the last time, you speculated this issue was one of the gray hairs against youngsters, and i want you to

know our neighborhood is filled with young families, within four homes we have 10 children. four of them are newborns. the timing of these meetings precludes them from coming here. they are preparing dinner, so they are relying on us gray hairs to represent them. they submitted, along with over 100 letters to the planning commission and supervisors, they submitted comments, concerns, and in some cases, opposition to the brickyard, and i wanted to highlight a couple of them. one woman on octavia street, currently the bar creates a great number -- a great deal of noise during sports night. we continually have to call to request the back door be closed due to excessive noise from the inside. this one says, my wife, young

child and i live less than 300 feet from the brickyard. when it first opened, the noise came all the way down octavia into our home. we could not believe the law would permit this to occur. here is a family with a new baby. it is an incredibly loud sports bar. there is no difference between outside a cafe tables. a woman across the street, i am a child and family psychotherapist. i specialized in working with families buying those with autism. many are sensitive to loud noises. this would have a direct affect on the health of my patients. we are asking for your help here. thank you. >> next speaker please. >> my name is sherry. i am of property owner and

president directly across the street. regardless of what the technical data analysis shows, i am concerned there will be a continuing problem with open patio doors. recalling on an earlier occasion, after i had given complements of the interior design and was introduced to the original floor manager, when there was an event going on, i asked danny to come across the street with me and listen to what the sound was, and danny said, it is impossible to control the sound of patrons with an open front, and i see no solution.

if there is an open front patio. the brickyard has not come up with any solution. >> 6 speaker please. -- next speaker please. >> i think what we are talking about is noise pollution, and we really do suffer from it, and it is going to get no worse as we get warmer weather and bigger crowds, and if they start serving on union street common and it is out of doors on union street, and it is a cavern. if they did their sound check in the evening at about 10:00 tonight or even 8:00 at night, you did really high readings on

noise pollution. anbar music is not lullabies, and that kind of solution is very hard for families to have in their ears during today and particularly at night. if there is some way of controlling the noise, it is not that we wan do not want the businesses to succeed. i want them to succeed as well, but they must keep the neighborhood all live as well, and property values are another question when you talk about noise pollution. >> would you care to say your name? >> beverly, and i live on filbert st.. >> next speaker please.

>> my office is across the street from the brickyard. againsi spoke before on how lout is, and i also heard some reports, and i want to say even their own measurements show that the noise level was high, and a dining experience for 10 people should not equal our discomfort. nobody is complaining about others. they are not our neighbors. if their neighbors wanted to complain, that is fine, but i know they went through proper channels to get what is required to achieve outside seating. we are also part of the community, and they do not feel

suppose should benefit from that. i think it is really nice that they want to share what is going on inside their car, but we would like to politely -- inside the bar, but we would like to politely decline having to listen to it. there is a photo from this past saturday, and that was very loud. thank you. >> next speaker please. >> my name is jim connolly. i animal home owner and live on green street -- i am a home owner and live on greene street. this is my second appearance on this particular issue. on listening to the testimony today, what struck me is i do not recognize ambient noise.

i cannot identify ambient noise when i hear it. i could not tell you how many decibels i hear, but i certainly no loud noise when i hear it, and i would ask the board to think back to our last meeting on this issue and the dramatic down record things that i think caught all of us by surprise -- dramatic recordings i think, all of us by surprise. listen to that noise and know how much it is impacting in a negative way this community of homeowners. >> next speaker please. >> patricia. what we have is the issue of the doors. this is of a one. -- a big one. i am suggesting the doors

remain closed except one door in and out if they would like to use the patio. i do have concerns, and i thought about this really hard over the week, of people staring out fronts of buildings, not getting fines because of political pressure put on the planning department and the department of building inspection on this issue. people represent themselves as expediters not listed in analysts -- and the expediters list of the ethics commission, but they have done a great job on inside. it is a beautiful restaurant. noise is the issue. my suggestion is to keep all the doors closed except for the one that swings in and out for the waiters and waitresses. there has to be a compromise, and the fact is when i hear that

the day before a brief is supposed to be in, a meeting is called the day before they are supposed to be working hard on the brief common -- on the brief, it concerned me common -- it concerned me, and i believe some compromise has to happen during grosvenor -- has to happen. status quo cannot continue. otherwise, it will end up in court. it is up to you what you do. >> is there any other public comments in? seeing none, the matter is submitted. >> i have a question of mr. sanchez. i am not saying it is as simple as coiling down to the issue.

would you tell me, when something comes before the planning commission that noise is an issue, how you establish an ambient noise issues? does your department rely on the entertainment commission, or do you have something? >> the noise ordinance is contained in chapter 29 of the police code, and it establishes different agencies have different responsibilities, and it is spread across the department of public health, the department of public works, entertainment commission, the police department. when we received complaints relating to noise related to an issue such as this, we referred to inspectors who have the appropriate the equipment to take measures to ensure compliance with the noise ordinance during -- noise

ordinance. >> did anyone go into questions about how they established the basis? >> the questions that were not raised to my knowledge, we did only received this week a report from the appellants that contains the sound engineer report, so we have not had time to review that with the entertainment commission, since we came in i believe on monday, so we have not had time to confer with entertainment commission. the noise ordinance is a bright line. they are in violation of the noise ordinance. they say they are not in violation. if we receive future complaints, they can go out again. we can have them investigate matters to ameliorate thought. >> the last question would have to do with commission staff.

it had to do with the retractable awning, and that was based on recommendations by humanwhom? >> that was something that was developed by project sponsors and neighbors, so i different to the neighbors -- i defer to the neighbors on how it was developed. >> thank you, mr. smith. >> this particular case brought

some interest to me, so i walked around area on an evening when it was relatively busy, and the intent was not necessarily to be able to do this, but what was important to me was to go there. what was interesting for me was to see whether there were fluctuations in the number of people and also whether there were corresponding fluctuations in the sound lendvel, and i foud there were fluctuations, and

that only a little bit about the facility, the type of clientele, and what occurs there. the interesting thing about the technical analysis is that to a certain degree it has become a science. earlier in my career, it was not a science. it has become a more simple, and they can produce different types of recommendations, and it does not necessarily fly in all areas. i do not think the technical analysis is all about important to the issues before us.

the problem is that the noise code and people's perceptions are so different. what may be a sign of vibrancy to one person is different to another person, and that is going to vary tremendously. if we were to be dealing with some of the broader policy issues, that would be one thing. the charges dealing with this particular permit, which is not only dealing with demolition but also the construction for the patio deck area. it is my opinion that given the fact that perception of sound is so different, it is incumbent

upon business and the owner to confine all sounds within their building, and i think this patio will not do that. >> the commissioner stated the acoustics since he has been in business has improved, and it is disappointing debt -- disappointing that you want everyone to agree who is a scientist. how can you call it science if there is not reliability? maybe they are all having the same answers. the way they choose to express about is different. it seems the science is all the loose, and i had hoped it would

be straightforward, and everyone would say the ambient noise in this area, and there would be a range of times and a range of evenings. as to the merits of the case itself and the process, i was really disappointed that he had an opportunity to have involved his neighbors, not just to make them more comfortable, but to reach shot and have them understand he is aware that they are there, and the way he could have demonstrated that would be to have involved neighbors in the process all along. he is coming out at such a time. he would later give a report that would be delivered in plenty of time to respond prior

to this hearing. those kinds of things should have been done. i am sorry that did not happen. some measures came up that had to do with swinging doors, and if that turned out to be unnecessary, that is why we did not hear about it. if we did hear it was unseasonable economically to have done that, but when it gets down to the last analysis, what is important to me is the fact that when you read what comes out, you feel as though it was pretty carefully vetted. i did not know about any improper influence or whether people are registered as permit expediters, but in terms of the

people who looked at this, they came up with nine different measures having to do with mitigation, because they were aware of some of the issues, and there were things they thought were reasonable. i feel i do not have a choice but to place my trust with the entertainment commission to properly establish their own rules and things that exceed that by age decibels so we must rely on them to monitor the situation to try to keep a vibrant business that is not to the detriment of that neighborhood. i intend to uphold the permit.

>> i will go next. i put on the record earlier, but i will repeat that i watched the video of the last hearing, and i did hear the audio recording of the new ways zeroth -- of noise. i think it is one chance were the permit owner may be hurt by his own success. we hear the noise of people having a great time at the bar. if people did not go to it, there would not be a noise problem. i noticed the commissioners were

struggling with how to address the noise. it looked like a second floor deck. it was mention that we should consider the neighbors and quiet enjoyment of their homes. we have heard there are manuals -- heard there are many homes. we tried to look at it from the perspective, and we heard from the permit owners that they did not do that. we also heard garcia mentioning that he was leaning to requiring them to a close it now and

asking them to think about what mitigation measures, and the swinging door mentioned by a member of the public, and other mitigation efforts were discussed, and what we thought was to try to work together, and wouldn't it be nice if you came back and said, here are the mitigation measures we can live with, but instead what we heard is basically, we are not offering any mitigation measures. we are a successful business. we are busy, noisy, and isn't that great? i am troubled by that. the neighbors do have a right to enjoy their homes. we saw the pictures of the babies.

the babies have a right to do that. i would like to see something happen. close the deck, enclose it with class. -- glass. my response is not to uphold the permit as it stands. >> i would echo the disappointment of wanting to see the parties come together. it gave you some time, and i do think the way this process has gone for the neighbors is not a good one, and i found a pretty persuasive the report of the appellant in pointing it out and

referencing this noise ordinance. i am not an expert, but it would appear the given the response of the permit holders to the same question, i would put on a point in favor of the appellants, but i think the bigger picture is not about an -- is about not coming to this together in recognizing you have got serious problems, and it is not going to end here, and we were hoping the some mitigation measures would be proposed cut would not kill you or your braiank, that would help the neighbors feel their concerns were addressed, and i

do feel the experts' report speak to me, and i find morning and convincing the report of the appellants. >> are was going to make a motion. -- i was going to make a motion. i did notice the patio was operating more like a deatck, ad what crossed my mind is similar, that the doors need to be closed earlier or closed.