conflict that can't be managed. the real world is not written in java. changing the rules of the original design, changing planning codes to allow commercial use of of the second floor is creating conflict in communities that are very dear to me. thank you. president olague: [reading names] if your name was called, please start coming to the microphone.

[reading names] if you heard your name, please start coming to them l mic. in any order. i've called about ten cards. >> good afternoon. [unintelligible] i have been living here in san francisco since senator feinstein was a supervisor. this isn't new to me. i knew that the first time i knew his last name. i come here to support him, not because of his background. it is because what he brings to

the city, like india new innova, bringing something new to the city. he employs about 60 people. which kind of the nation, which kind of money -- [unintelligible] a friend of mine has a store at 23rd and mission. he supported 25 people living off of that corner store. that is what small business can do for the community. this is a good avenger for the city of san francisco, and we have to keep an open mind.

this city is the verse, that is why the uniqueness of san francisco -- it is diversity. [unintelligible] mr. frank jordan's era, we were cleaning the streets. actually cleaning the sidewalk. [chime] president olague: thank you, sir. >> my name is charles bolton, i have been a community organizer for over 40 years. i think that unfortunately, the folks that support the project have made the unfortunate distinction here today. they make it sound like if you rule to basically not allow the rooftop garden, that this is going to basically destroyed his

business and keep him from doing all of the good things he has done over the years. i don't think that is the case. i think the case is whether or not the residents in the area should have stood subsidize his business and his profit for their discomfort. there is no way they you can control the noise levels of that rooftop area. i don't care if you come up with some sort of nasa sound baffle, you will have noise. you either go back and redesigned the noise criteria, or you deny it today. >> commissioners, this is a simple question of where one party's rights begins and ends,

and where other parties rights begins and ends. it is usually in the middle, where neither party is happy. and the question is, where is that fair middle? and the answer is, it has been determined. this is not the first case of neighbors being too loud. it has happened tens of thousands of times in this city and it will happen another 10,000 times. the city has probably spent many millions of dollars figuring out what that fair middle which is four to disputing parties. and the fair middle is what has been determined by the city into their acoustic testing of sounds. they have done that.

that sowed test is below what the city has determined to be acceptable to the city. not to either party, to the city. i am here to tell you that if you really go against what some a thousands of dollars and hours have been spent to determine this level, you will not make the right decision on this case. i trust you will. thank you. >> i am a longtime member of the center. i was there when they opened the doors in 1993. what i would like to do today is read a letter from the

caretakers of the building. they could not be here today. to whom it may concern, my wife and i live above center. she is a member of the council, and i teach there. our bedroom is at the back of the building. we live here when the noise level from the sky terrace was at its loudest in 2005 and 2006. there is no way we can continue living here if that were to happen again. the public meeting held on august 8, we were glad to hear the owners say they're ready no live music, the deejays, only background music, and there would be a monitor built into the system. we asked that the permit also

include a limit of the number of people allowed. this contact person that we could call if there were any issues. on behalf of us, ask that you deny the conditional use permit. thank you. >> i am here to read a statement from wendy phillips, a neighbor who lives in the area. my name is wendy phillips, i have lived at twenty first within earshot. i am a member of the anti- displacement coalition. my concerns about this project are twofold. i am concerned about the noise level. as a long time mission resident, i am concerned that

this project is not in compliance with the neighborhood plans that call for commercial use and housing of the of the mission street corridor. while i understand the potential benefits of bringing businesses into the neighborhood, this should not be done at the expense of existing zoning and existing residents. i am requesting that you deny the conditional use permit based on these considerations, or in the case that you approved it, you have least allow more time for the stake holders to have a detailed negotiations. the proposed restaurant will have major implications for the neighborhood in the years to come. the least of the commission could do is allow more time to work out. thank you for your

consideration. >> commissioners, i am a long- term resident of the mission district and i have also practiced at the center for over two years. i am here to read something from the mission anti displacement coalition. many of the folks at the san francisco center found it worthy of consideration from a social justice perspective, when they were the core participants in the rezoning efforts, and several of our --, thank you. several members participated in the public process. and individuals whose goal is to stop the displacement of working people's.

they are organized for whole vibrant and politically engaged communities. commentary, it gives pause for reflection and is relevant going forward. developers in our neighborhood have come to understand that they need to show that they are working with the community in order to get their project approved. the simplest way to do this is to provide space in the community. this tactic creates a spectacle of community groups pitted against each other in hearings as those that are benefiting directly from a project that could give as much or greater benefit than the one they are defending. he has given money and gifts to politicians, and leaders to gain support for compromising their principles and disrupting democratic processes.

president olague: [reading names] >> my name is james, my partner and i have a small victorian apartment house about a block away. we have lived there for more than 40 years. i want to take your time to detail what we went through during the 40 years, and i think you have an imagination. the games, killings, drugs, prostitutes. when we saw the old burned out video store, abandoned, now replaced by new hotel and restaurant, we were quite awed.

finally, they came in offering jobs for local youth. actual job training for restaurant and hotel worker, rehabilitation for at risky use. as a this from personal observation every day. a fresh beginning for a long blighted neighborhood, it is working. please don't damaged and dampen the enthusiasm. we don't want to see the neighborhood, the mission haulback to where it was before. thank you. >president olague: i will keep reading off names. [radineading names] if i've called your name before that, line up..

>> thank you for the opportunity to address you today. on behalf of the project, i am in favor of it. i am a neighbor. i live on twenty first street. i sit in my bedroom and i can see the roof deck. i can honestly and truly say that i have not had a problem of noise and all for the last three years. it has been completely quiet. i own the building there. i have 10 cents above me that never complain about the sound. and i just think that they do a marvelous job in the neighborhood. i agree that they are a tremendous asset. beyond that, i attended a meeting on august 8, a community meeting just kind of putting everything out on the table. it was interesting to hear that

someone just prior to me, a gentleman speaking on behalf of two people that were at that meeting that weren't here today were sitting there and i heard that they could not believe the difference that there was that they were being bothered him anymore. at the end of the meeting, i remember they got up and said, i hope everybody laser cards on the table and if you have any kind of issue, address me directly. don't call anybody else. we walked out of there and i thought, as of this wonderful? everybody seems to be happy and content. i can't believe this is even happening. thank you for your time. >> i am here to speak against

the currently proposed permit on my own behalf as well as on behalf of the san francisco buddhist center. we have lived in the mission between twenty second at twenty third for four years. previously, my spouse lived just off of mission street for 30 years in a rent-controlled apartment. the down the street, i did take the afternoon off to be here. my appearance today is personal and is no way related to my public employment. i have been a practicing buddhist for more than three years. it has been the focal point of my spiritual practice and a spiritual community. they performed hour ceremony on september 12, 2010. this will be to remember my first anniversary, i guess.

it can be a noisy place only a couple blocks from san francisco general. we hear ambulance sirens, and it can also be dangerous which we were recently reminded. one also here is police sirens and there is the carnival in may. noisy, yes, but it is necessary for the public good, or is the joyous noise of a community enjoy a longstanding tradition. the unregulated additional noise would impose unnecessary an alliance long into the night in an already noisy neighborhood. an open air rooftop bar would cause noise pollution in at least a few square block area. any suggestion that the proposal would have minimal neighborhood impact because it is the mission would be an insult to the majority of the residents, including me.

[chime] thanks. >> i am a lull in come buddhist minister employed by the -- employed as the creative director of the buddhist center which is involved in cultural arts in the city. i am also in my eighteenth year of living in that building, and it is the closest to the roof deck. in the last couple of years, i have spent hundreds of hours volunteering in service of getting them to really care about the neighbors. the buddhist center has also been forced to spend thousands on the legal and other types of fees just so we can continue to operate. they have suggested that we are

hypersensitive meditators. this is not only ridiculous as anybody who knows us would agree, but it is also rather insulting. we are a fun at a lively community that was in the neighborhood 11 years before they open. we contribute to a culturally rich community. my question is, are bars more important than cultural and spiritual centers, especially ones that pre existed in those bars. there are very few places like our center, that is precious to many people. the planning commission should protect the buddhist centre's viability and vote no on the rooftop bar. if it is allowed to continue operating an open air party,

there are clear and enforceable guidelines that will force them to be a better neighbor than they have so far. president olague: [reading names] >> like many people here, i was happy when they opened. have no problem with them or the people that work there. the issue is with the noise from the rooftop. i am one of five residents who are ordained and teach at the center. teachers are encouraged to live among the community. we are not paid to teach. we need to be able to offer

affordable housing. if teachers can't sleep or live at the building, our viability will be threatened. i know there are hundreds of people that do really good work in san francisco the feel of the support of the center is crucial. >> the department of public health -- the psychological stress can exasperate other health affects. if it is noisy and you don't sleep, this can have an effect on the totality of your health. the unusual noise generating activities of around the rooftop should not be considered in isolation. we rely on the commission to look at the big picture. it is not only a matter of

nighttime sleeping. health problems include afternoon we can and parties. please do not allow this incompatible use. >> good afternoon, commissioners. i am here to speak in support of the project. as a long-time resident, i have seen the commission transform from the miracle mile that it used to be to a desolate concrete jungle that was plagued by gang violence and prostitution. since he has come into the neighborhood and has created this amazing business has been active and connected in every aspect of the community. he has bet a responsible

individual and has created so much opportunity. as someone who was born here, it is not something you see, people having that ability to do so doing so. he has been an amazing partner in this community. i think we need to look at the future of mission street as a transit corridor. these are the types of businesses that we should have here. we should make mission street a lively street again. it should be the miracle mile that what used to be. we have to make it an opportunity where people can come and congregate. they should not have to leave the neighborhood to be part of what is the san francisco. i think this is an opportunity you have before you to set the standard for what the mission deserves to really have opportunities to spend our money and recreates and work and

live in our neighborhoods. i live at the buddhist center. i am of ordained a member as well. i would just appeal to all of you to consider not approving this conditional use permit. i work for many nonprofits in the city as well as many small businesses as a bookkeeper and it is important that they get a good night's sleep. i think any of you would want that for yourself to do your job and be alert. i have serious concerns about the enforcement if you provide a conditional use. i don't want to have to call the police on my neighbors.

i don't want to have to wake up in the middle of the ninth and have to call anyone to turn down the noise every night. it is one thing if somebody has a party next door, that is not a big deal. if this is a business, you should have higher standards. it is a center for activity for many people. we do lots of good work in this community and i don't think that we should be pitted against another person. i think we can coexist quite well together. he is obviously a very skilled businessman and i think he could quite easily make up any shortfalls by not having this rooftop of a bar. thank you for your time. >> i have a clear that he that

good as the minister -- i am a queer, latina buddhist minister. the enforcement should not rest on a citizens having to call and complain. it is not fair to put the burden of compliance on the shoulders of residence. the main planners in this process feel that to rely on an enforcement solution such as this is not advisable. instead, a permit that insists on a physical solutions such as finding acceptable hours has a much better chance of being successful. the equipment justifications are very important. it needs to be involved to be able to approve those.

i would like to invite all of those that are here against the permit right now. they want to vote to deny rooftop restaurant bar and upholding the eastern neighborhood. this decision supports coexistence among residents. the continuing 7780 square foot restaurant and bar. [chime] i have one more thing to say. if you decide to move forward, we ask for a reasonable continuance so that they can work together on adequate conditions. these agreements were made and

can speak more about that. [chime] >> my name is richard, i am an employee of the restaurant. i would like to start off with one thing. there is no audible music that can be heard from the rooftop. secondly, we are very mindful of the noise which is made from any aspect of the restaurant. also, the type of clientele, and we talked a little bit about it. we have a clientele that reaches from all parts of the bay area from the silicon valley area. they are moving into san francisco.

we are attracting a very genuine clientele. the restaurant, which is a dynamic restaurant to all different cultures, we are definitely a community give back. we give a lot as you can see from the latino community. the location itself as a place where people come and enjoy themselves. we are not the only bar and restaurant. happy people are upset by that, that is what the mission is known for. and the impact that it has, we have