commissioner newlin: it's approved. quaintane, chris, e.p.a.y center cafe, 764 harrison street, limited live performance permit. >> and again, pretty straightforward, they would like to have live performances as well. the staff recommends approval for this permit. we haven't had final word from planning, so any grant of this would be pending planning approval, but the map suggests that it would be fine. commissioner newlin: welcome. >> i'm chris quaintane and this is my business partner. we are a small cafe and been open three years and hoping to provide light music for our customers, very similar to the previous applicant. any questions? commissioner newlin: commissioners?

no. ok. thank you. anybody in the public object to this permit? anybody in the public feel strongly they want to talk -- yes? >> as far as the request for speaker form, we are going to let everyone a chance to speak. >> i reside above the e.p.a.y center cafe and member of the board of directors for the homeowners association at 766 harrison street. i had a relationship with chris and mark for the past couple of years and i think they are a couple of great guys and they are the right type of people to run this type of business below our residential community. as soon as they apply for the permit, they reached out to the

community to find out what they could do to make the situation work. the question -- i have a couple of questions. the time period, is it live entertainment up until 10:00 p.m.? >> yes. >> is that set in stone for like the next year or two or -- no? >> it is set in stone. it could be up to 10:00 p.m., not after. >> ok. >> fantastic. >> mark and chris, they have also agreed to work out like staffing issues, keeping the drinking and the smoking inside the cafe. keeping people away from the residential entrance. we tried this once before with music in the cafe and we did

have a small issue with loud -- with music from loud bands going up the ventilation shaft into the residential units. i think the music that is allowed, if it's like folk music or light entertainment, then it could work. but what if it doesn't work? >> then you call and complain and they go out and do a sound test and if they're not in compliance then they get cited. if they continue, they'll be shut down. but we usually -- we have a lot of people here and have a two-minute speaking thing. >> i'm in favor as long as we can work that out. commissioner newlin: ok. thank you for your questions and comments. anybody else? seeing none. anybody have any -- >> the only recommended

recommendations are obvious, which is adherence to the good neighbor policy and fire and building codes. commissioner newlin: thank you for that. seeing no questions. we have a motion? >> move to approve. >> second. commissioner newlin: ok. item number d, mccorkle, juri, dell'uva -- c. reidy, matthew, bluxome street wine erie, limited live performance permit. applicant here? >> it is a small wine erie and occasionally have tastings and close relatively early and applied for a permit which the staff recommends. >> i'm chris nelson and co-owner and representing matt reidy and

we have a small tasting room operating from 12-7. we make wine and tasting and last part is to host a few events. this permit is mainly for the events part of that business. >> commissioners, any questions? anybody from the public object to this permit? anybody from the public feel strongly about talking in favor of it? ok, seeing none. have a motion? >> i move to approve. >> second. commissioner newlin: now it's item d, mccorkle, jui, dell'uva, 565 green street, limited live performance permit. >> this is a small wine bar in north beach, serving medter ran food.

that might be the other dell'uva. but either way, the staff recommends conditional approval for this permit. >> i'm juri mccorkle and owner of the dell'uva. looking to do few nights a week, jazz, blues, ambient music to give something back to the community and patrons and bring class back to north beach and just offer some pleasant options. >> yes. >> i see that you have two applications on green street and one omission. >> this is green street. >> is it true you have outdoor speakers? >> this is true. >> do you have a permit for those speakers? >> i do not, but i creased to use them since i needed a

permit. >> did you actually remove them? >> i have not. >> would you remove them? >> if you would like me to. >> either that or you apply for a sound permit. >> i will remove them. >> you are on the record saying you will remove them. >> yes. >> i know you have been using them recently. i have recently just found out. >> we'll take you on your word that you will comply and again apply for a permit if you find you want to make that part of your operation in the future. >> commissioners, any other questions? thank you. members of the public, anybody in opposition to this permit? anybody feel strongly that they want to speak in favor of it? ok. seeing none, item is with the commission. have a motion? >> i would like to make a motion to approve. >> second. >> same.

>> item e, mccorkle, juri, dell'uva, mission street place of entertainment permit. >> this is a full service restaurant and mr. mccorkle applied for this last year and had to go through the verification and planning before coming to us and he has successfully completed that process already. and this permit is obviously -- encompasses more activity. and so the list of proposed conditions should be near the top of your pakistan and i'll let you take it from here. >> our mission location concept is similar to our north beach location. tapas, small plates, wine and beer only.

we would like to do the same ambient music, blues, jazz, with the option of a d.j. from time to time. we are looking to do live music two to three nights a week. and maybe a d.j. at a brunch here and there. again, the previous business had an entertainment license that they were using and i just wanted to get the same license the the previous owner had. commissioner newlin: commissioners, any question? >> can you describe what your cooldown period is going to look like? >> cooldown period would be probably at this point starting around 11:00.

turn off the music or the live entertainment, turn the lights up a little bit more and start getting people their checks and hopefully, a longer cooldown period would mean there would be less of an impact outside and would allow people to disperse more evenly. >> the outside noise is the one that got you, right? >> yes. >> how would you deal with your neighbors? >> i contacted the homeowners' association. i have been in contact with neighbors upstairs to the left and to the right. as well as the 312 notification. i also contacted will mccartney and had a meeting with him at the location and we did a walk-through and everyone seemed to be for it.

commissioner newlin: ok. any further questions? >> you just made contact with him. have you been to any of these -- ok. commissioner newlin: is there any member of the public that object to this permit? anybody that feels really strongly they want to talk in favor of it? in favor, the matter is with the commission. do i have a motion? >> i move. >> second. >> i have a point of clarification. for staff, are you -- does the motion include the recommendations of ingleside station in total or -- >> that was my assumption unless you have some objections to recommendations by the police? >> no objection. commissioner newlin: ok.

so same -- do we have a second? >> i'm the second. >> commissioner perez. commissioner hyde: no. joseph, ai. >> thank you and good luck and to all the limited live performance permits dr one more. >> sanchez, marta, casa sanchez, 2778 24th street, limited live performance. >> this is a family-owned restaurant on 24th street and been there for 90-plus years and you will discover in your questioning that they have had live music before and they are here because they want to come into compliance and excited

about the limited live performance permit and our staff does recommend approval of this permit provided of course that they adhere to the rules within the law of making sure that the music stays inside and stays within noise limits because there are concerns from the immediate neighbors right behind. >> my name is marta sanchez and i'm the owner. my grandfather came here in 1923 with a totilla tucked under his arm and we are a five-generation san francisco family. we have a restaurant at 24th and york and since the 1970's we have been involved with the community and given donations every single week since the 1970's. it has a welcoming atmosphere and because of that, we have had poetry readings, birthday parties, a lot of different types fundraisers and musicians

would come and practice and led to a regular sunday thing and people started playing live music. we never had a complaint until this time ever since 1923, since we have been here. we never had a complaint for anything. and i didn't know we needed a permit, because i thought it was until 10:00 and even today, people were telling me that you don't need one. since i learned we needed one, i stopped playing music. i got a permit -- but other than that we haven't had any events. and i'm here not just for the restaurant but on behalf of hundreds of people who literally have signed petitions and sent emails and written letters who are here in person who feel that they don't just want it but need

it, it's something very important to them and to their livelihood. teenagers come in who have no where to go and no temptations of being in gangs. we have children there. we have grandmothers who are there, 80, 90 years old and birthday parties and where do you see 90-year-old grandmothers with live sal smp a music. no where else. our music starts at 1:00 and ends at 6:00 and when we have the one-day permits, we have something else. there were complaints, but it wasn't our business. police went there and found the place closed and never had much music after 6:00. and i just wanted to -- also, we met with the persons to reach a compromise.

one of the ladies was very helpful and we came into agreement because we were having the music inside and try to keep it down lower with the decibalas and close the patio if we need to and it was ok with her because the volume was her main concern and that worked out well. with the others, i'm not sure -- they said it stressed out their dogs and i should have replaced the wall -- a fence that they wanted me to replace -- i don't know. so other than that, there are a lot of people that do feel it's a very important thing for the mission. commissioner newlin: ok. questions from the commission? >> i just want to say that -- i'm going to vote for your permit, because i have been to a ton of events at your place. casa sanchez is a very important and vital place to the community. and i once moved into an

apartment house building named casa sanchez and it was on sanchez street and not yours. but i appreciate the fact that your place is there. i just wanted to tell you that. [applause] commissioner newlin: any other commissioners have questions? yes. >> i recommend you for making your space available for the community to do fundraisers. being a neighborhood representative here i know how important it is for the community to have a space like yours. so thank you for having that available. [applause] commissioner newlin: ok. any other commissioners? seeing none. anybody from the public that would like to speak in opposition to this permit,

please come forward. one at a time. >> dr -- my name is frank duart and i live in back of casa sanchez and a brief history, there has been loud music coming from there -- the front of their establishment on a sidewalk for about the last two years. about a year ago, it stopped, i don't know why, but it did stop and they were blocking the sidewalk and people would have to walk out in the street to get around that 24th street. subsequently, about eight months ago, eight or nine, a band started to play and started to play in their back patio, which is right next to my fence line. and this happened -- this has

been happening on thursdays and sometimes on sundays and once in a while on saturdays. the noise level is extremely loud. to the point wherein my yard, i couldn't literally do yard work when they started to play their band. i would have to literally go upstairs and put head phones on and go down and continue my yard work. you couldn't hold a conversation in my yard it was so loud. couldn't talk on the telephone in my house. i measured -- is that it? i measured the volume level in my house at 84 dp peak level. the police have been called many times. eventually they confronted marta and marta showed them this

permit that she had for one day. i went over there and marta showed me the permit. i went down and filed my complaints and the police -- may i continue? commissioner newlin: wrap it up. >> the police did go in there one night and showed them the permit and allowed it to go on. and second time that i got the police -- commissioner newlin: you have to conclude. >> she stopped. and it continued to go and has been going on for the last two months. commissioner newlin: thank you. next speaker. >> i'm here on behalf of casa sanchez and i work in the community to bring live music and to support community building through live music. and marta has asked me to do some booking and i will tell you

she will be paying musicians and for someone to put guarantees out towards musicians is very rare and that if you want to talk about how this business can regenerate and put local money back into our local economy by hiring our local musicians, that is another reason why you should support this. thank you. [applause] >> i'm one of the people that live right behind casa sanchez and frank hasn't been going on for months but a few years where they start up and the music is so loud, i have to leave my house because they play outside and for some of the bands, the drunker they get, the louder

they get. she is trying to have a service here and that's just fine, but it shouldn't come at the suffering of the neighborhood. i hope she cannot have musicians outside, because i understand that's not what she is applying for, it's an indoor license. also, i want to make sure that covers boom boxes because sometimes they have parties in the back and they will play one in the back and it is extremely loud. all we're asking for is to have some respect for the neighborhood and not to suffer through all the noise that comes from over the fence. thank you. commissioner newlin: thank you. just for a point of clarification, this is an interior permit only and i would like the audience to ask the respect for everyone to

experience their opinion. >> my back yard shows the property line with casa sanchez's back patio. we have had to endure this music since the end of february last year. when it plays, like my dad said, i can't spend any time in the back yard. i can't spend any time in my house indoors with the windows and doors shut. i can't carry on a conversation, can't have friends over or talk on the phone. so i have to leave five hours at a time when it plays. the permit is for indoors. and i realize that, but the indoor space, there is only 10 small tables in there. i don't see how they have space for a live band indoors, because i don't think there's not enough room to play and i think -- if it's as loud inside as it is outside, people won't be able to talk and order food. my dad has tried to negotiate

with marta sanchez and talked about us getting dual-pane windows and she said she had no intention of stopping the music. and repeated calls haven't stopped the music until she applied for the music. in an attempt to compromise, she initially agreed to play indoors and keep the door to the back patio shut, but as the conversation continued, she did agree that she wants to be able to play in the back yard sometimes. and i don't think the door is going to stay shut. i don't think customers on the back patio are going to want to hear the music. i imagine the door will stay open. and i feel that this has shown a lack of regard for the neighborhood. she knows this is really upsetting and absolutely unbearable and i don't want casa

sanchez's band schedule to dictate when i leave my house. so because we have found her not reasonable in negotiations and including last sunday night, i recommend not granting the permit. commissioner newlin: thank you for your comments. >> good day, commission. i live directly next door to casa sanchez. i enjoy their music and i eat there frequently and i don't see their music intruding into my home. i don't know if drug use enhances people's music. i play music and i can't hear my own music and television in my own home. and i wanted to share that with you. thank you very much and have a nice day. >> good evening. i live in the mission district since 1970, 24th and harrison. casa sanchez is an icon and

culture and music is part of the culture. the people opposing this type of action would be like telling them to shut down the hathe street fair. all part of san francisco, the music, culture, the people, if you don't like it, don't live there. thank you. >> i would like to address -- i'm one of the musicians that plays at casa sanchez and mary said the drunker the louder we get. i have been drug-free and alcohol-free and that has to do with the support of casa sanchez. not everybody is a drunk that walks in there and there are people that are welcomed to go there no matter who they are or what nationality they are. it is very diverse and i want to

address, it was some months back and said there is music still. there is no music. the day of the last event was for a birthday party for a terminally ill friend of ours who just past a couple of weeks ago and it was her birthday party and we asked the neighbors to please let us happen and they said they would let us know. we appreciate that you said that, but you didn't do that. we happened was the police came and shut it down and the memory of this lady of her birthday, cancer, is a memory of her getting shut down and i just felt down i feel like marta is trying to work with the neighbors around her and i don't think they would complain if pop's bar was too loud. i used to live on top of pop's bar and used to hear the good

music. it's a good event and positive thing. they are going to be indoors and can work. give it a chance and grant the permit. thank you. [applause] >> good evening, commissioners. i have been a patron of casa sanchez for many years. principally because i used to work with marta's husband. the music that they play is acoustic. it's not amplified. they have tried to work with the neighbors by keeping the music indoors. i think the music in a mexican restaurant or most any restaurant actually adds to your dining experience and helps to bring people back to your establishment. casa sanchez is a community. they have hosted cancer

benefits, birthday parties and we've met with friends in their restaurants many times. it's a nice atmosphere, it's a nice space to be in and marta is a very good hostes. we need to help small businesses to succeed and thrive as much as we can in san francisco. [applause] commissioner newlin: we've got to get through this, folks and ask you to refrain from the applause. we get the effect that you are supporting this. >> they are being krt as they can and if adding music will help their business, i ask you to approve their permit. >> good evening, mr. chairman and commissioners, i'm a native and born and raised in the mission district. and i take pride. and you have heard the sanchez