commissioners, adding conditions requires four votes. vice president garcia: true. president goh: that is why i suggested may be entertaining commissioner fung's motion. vice president garcia: then i'd agree with you. commissioner fung: i would like to move to revoke the permit. secretary pacheco: so we have a motion from commissioner fung to revoke the permit. director goldstein: on the basis that it does not adequately address the noise affecting the neighbors? ok. secretary pacheco: to revoke its permit on the basis that the neighbors' noise concerns are

not adequately addressed. on that motion to revoke, president goh, vice president garcia, commissioner peterson, commissioner hwang. thank you. the vote is 3-2 to revoke the permit. the city charter requires four votes to overturn any department item, so without motion, this would be upheld as is with no new conditions. vice president garcia: the motion would be what was discussed earlier, with the exception of a first condition, which i do not have in front of me, from the planning department, and requiring, and i would ask even though he is against having this permit go forward, i would ask commissioner fung, who is an

architect, to say which door, even though it may not be effective, which door would be the most effective. which type of door. commissioner fung: a solid door. vice president garcia: how would it open and close? commissioner fung: you know, i am sure that the bar and restaurant operation would like a door that operates, a double acting door, one that swings both ways. the problem with the those is that the type of hardware for the self closing on that is very limited, in terms of just being a combination hinge and closer, and those are very weak and how they'd use the door.

president goh: commissioner fung, what about the idea that was raised about a vestibule door? the two-sided door, a door that has some space in between it, once it opens. commissioner fung: that is creating a vestibule, and in that case, it acts as a sound track. i think they use them in the zoo, do they not? commissioner fung: i do not know. commissioner garcia's motion. vice president garcia: i think that would take space from inside the bar. i do not know how much of the concern is that. how about the handicapped doors, where you press a button to enter or go out. commissioner fung: those only

open in one direction. vice president garcia: i understand that, but you could still press from each side to have it open in one direction. commissioner fung: those also close very slowly. the longer the door stays open, the more there will be potential noise problems.

if -- if you would, commissioner garcia, accept the modification of condition one, to the point where one door is operable -- vice president garcia: which sorta has some aspect of compromise a. commissioner fung: yes, and that door whenever a closer built into it which is adjustable to the point -- there are certain codes related to the pressure, the resistance that a door has an opening and closing. and i would recommend then that the door that is most westerly

be that operable door, with self closers, with it is in a double acting position or not. vice president garcia: and could replace some sort of restriction such that -- it would be so hard to enforce, but it will still have the language of their, maybe a notice of special restriction or something, that when people are not coming in and out of that door, that door is to be closed, and -- commissioner fung: we did state that if there is no hold-open device on it. vice president garcia: you are not allowed to propping open. do you need greater

clarification for the motion, victor? mr. pacheco? director goldstein: i just want to make sure that the department of building inspection and understand that as far as the self closing door and hinges, they are the ones to be enforcing that, so i just want to make sure that they'll understand what it is that would be required. vice president garcia: commissioner fung, i do not want to put words in his mouth. these are apparently pressurized, so you can vary the rate at which they close. >> department of building inspection. there are several requirements for doors, depending on what purpose they serve. there is maximum and minimum force, and depending on the location of the door, it may be self closing or automatic closing. those are generally terms that we use for fire doors, off and

just for clarification, it closes upon activation of a smoke detector or alarm. the self closing door is normally closed, and it would close automatically, so it is in a normally closed position, and then they have the hardware. and just to clarify, a double at the door, which will swing in 180 degrees, we see them a lot in restaurants, but there is a limitation with a certain occupant load, like around 150 or something, for safety. director goldstein: so just to restate this, to uphold a permit and that the planning department conditions remain in effect except for item a, that the permit holders proposal a in the brief most recently submitted, dated september 15, be implemented, and that is that the most westerly door be the offer will door and be home with

self closing hinges. is that accurate? commissioner fung: yes. director goldstein: -- president goh: director goldstein, i do not have -- director goldstein: i can provide you with a copy of that. commissioner hwang: the last page. president goh: i have got it. on the front. president goh: and then, item d,

the patio door would close at 10:00 p.m., and the bifold doors shall remain fully closed, and that should include the door we are speaking about now. right? vice president garcia: yes, i cannot find those conditions. do you want to just read them? does any other commissioner want to review that? president goh: would you like made it -- like me to read them? i can read them into the record, if you want. vice president garcia: does anybody want that? commissioner fung: i think in your motion, that there is one operable door, so wherever there is reference to multiple bifold doors, that would be modified. vice president garcia: right.

president goh: i think that is in a, because it talks about the open door, but i think that item d is inconsistent with your motion. vice president garcia: yes, so we would just strike the second sentence of d. secretary pacheco: is the board ordering the sealing of these doors? commissioner fung: permanently shut. vice president garcia: i am glad we are doing this. i think at some point in these various hearings we have had on this issue, item h, commissioners, has language to do with the liaison office, and i think at some point,

supervisor farrell's office offer to be that liaison. i am sure they are not going to want to hear from -- without putting a lot of pressure on the brickyard and the gentleman, so if we can incorporate some type of language that would incorporate having that liaison office person being from supervisor farrell's office? they have already said they would do that. director goldstein: i do not know if we have the authority to do that. vice president garcia: then i will leave it to the good faith of the gentleman. director goldstein: you can put it there that there be such a person. commissioner fung: it is already in there. vice president garcia: i always had a problem with that. director goldstein: it could be someone other than that person. vice president garcia: without

specifying that it could be somebody in commissioner farrell"s office. ok, someone other than any owner of the brickyard president goh: -- of the brickyard. president goh: i have a question. what happens if the door is left open? what is it going to be? mr. sanchez, do you have any thoughts? >> thank you. scott sanchez, planning department. any violations better authorized in required by this board would be a violation, and we would do our best to enforce that, including issuing notices of violation and penalty, which

could then be appealed back to this board. president goh: we started this evening in public comment with somebody who claimed that a condition of this commission was violated. ok. vice president garcia: and before the roll was called on the motion, i do not know exactly how to do this, but i think we have done things like this before. i would request that if it has not already been done so that any violations in the past that should have resulted in a fine to the brickyard be looked into and strictly enforced. been like having started the debt without profit permitting. i am sure they are the have taken care of that, but just to be sure. director goldstein: commissioners, do you need the motion restated?

president goh: yes, please. director goldstein: i believe the motion is to uphold a permit on the condition that the planning department conditions of approval be upheld except for item a and the second sentence of item d, that the permit holder's pose of a, in his brief from september 15, 2 delfín 11, be implemented, and that the westernmost door be operable door and hong with self closing hinges, and then finally, the person be someone other than the owner of the brickyard or an owner of the brickyard -- september 15, 2007. my apologies. planning commission. call the roll. secretary pacheco: on that

motion with all of the conditions as read into the record, and it was commissioner fung's motion -- vice president garcia's motion, on that motion, commissioner fung, president goh, commissioner peterson, commissioner hwang, and thinking. the vote is 5-0. the permit is upheld with all of those conditions. director goldstein: thank you. president goh, there is no further business. president goh: we are adjourned. [gavel] captioned by the national captioning institute --www.ncicap.org--