i really appreciate everyone who came here that you continue to work on it. it is refreshing to see. president newlin: is there a second? >> second. president newlin: same house, same call? ok. good luck. item i. 834 irving. >> the applicant has requested to continue this item for two weeks. i don't know if anyone has shown up for public comment. president newlin: anyone here to comment on the black farm permit -- blackthorne permit. a motion to continue? commisioner joseph: second. president newlin: same house, same call?

ok. 287 street, place of entertainment permit. >> this is the second time you have seen this item before you. the first time you spoke with the applicant about the lack of detail and discuss the unique situation in this case where a building was used in the area for a long time as an entertainment venue and it has come perilously close to what the planning department might consider abandoning the use in that area where no new entertainment is permitted. the applicant can before you to obtain a conditional grant and at that time you felt somewhat confused and needed further clarification. they requested to come back

before you again for the same purpose of receiving a conditional grant. at their request of the commission and i believe or somebody smart went to the city attorney's office and asked them for guidance on how to handle the situation such as this, given the fact that most of the time, you are looking at very specific business plans and security plans and are able to give a conditional grant based on specific information. you still do not have that kind of information. that is because this is a project that is in development. the guidance was based on 1060 points -- 106 no0, you have the

ability to grant a conditional permit with wide latitude in terms of conditions and what they suggested is to consider emotion showing your intent and conditioning that with the requirement that the applicant come back before you with specific business plans and security and what ever else you feel is necessary by our capacity, whatever it is when they get closer to the point of development and operating this venue. this conditional grant or motion with your intentions with heavy conditions related to how much information you need going forward, and go through the

demolition department. without the fear of losing this entertainment news in an area where zoning is very challenging. i hope those instructions are helpful. if there is any more clarification, you can provide -- that would be my suggestion. >> welcome. new commissioner tan. i represent the project sponsors. they are in thailand raising money. we have with us louis caputo, a manager of a cafe in the castro. mr. chadwick is the head of security and can answer security

questions of maybe. we did khalil and present to the commission at your october 11 -- we did present to the commission that your october 11 meeting. i am prepared to go further into detail. i know it is late. we know what the project is. i handed out a handout. the present venue has been a nightclub for 40 years from early as the rawhide which was a noted a country-western nightclub. -- gay country-western nightclub. the building was in the extreme- repair. my client's wish to replace the building with a new one that can meet the modern test for some containment and public safety. this is a wood frame building. it cannot contain the new sound system and it has mold issues. this project will have a ground

floor wheentertainment venue. also it has a late-night menu. it also has a 49-seat rooftop cafe which will have used from the bay bridge to twin peaks and oliver south of market. in addition there will be to adjoining residential units along the length of the street. i can go further if you want details. there has been significant outrage. the thing we handed out was a handout given at a public meeting we had on october 10. you have an invitation to that meeting. it was attended by 18 neighbors, two of which live next to the portion of this property and they signed a petition that they

approve of the project. this project is a $9 million project. we estimate it will provide 90 jobs. full and part-time jobs as well as 70 building trades persons jobs in the bill out. we're not sure if we will be allowed by the planning department to demolish the present structure which is what we would like to do and maintain the current nighttime entertainment you status. we may be required to keep portions of the building. at this time until the entitlements are in, we cannot give you a lot of definition of what the final product will look like. it want to point out this project is important to us. -- we want to point out this project is important to us. it is important for the city to see that a mixed use development on a small-scale that includes

entertainment, residential, restaurant, and commercial uses can be built successfully and that all the uses can coexist in one building. we will be happy to take any questions you might have. commisioner joseph: just for clarification for our new commissioner and the rest of the commissioners in the audience, this is the location of the former rawhide. this was a business for umpteen years. >> at least 35 years. commisioner joseph: it is the application's -- applicant's intend to reopen at that location. we don't have enough information about what the intended use is. and what the configuration is going to look like. the intention is there. to do that. >> it will be presidential, a

rooftop garden, a 100 seat restaurant, and an entertainment venue in the 400 persons size. commisioner joseph: ok. so is mine understanding that by granting a conditional grant with possibly some extra conditions on it to you, you would be able to maintain your use. it is conditional. this is what i do not understand. if the three years is going to pass and the grant is conditional, and you're not operating, does this preserve your entertainment use? >> we believe as long as we're moving towards, we do dispatched toward reopening place. >> any conditional grant we give you will expire in nine months

if you have not come pleaded construction. you'd have to renew that permanent. >> we will come back to the commission. commisioner joseph: thank you. >> how many square feet are you talking about? >> the entertainment facility will be 4500 to 500 square feet. -- 5000 square feet. >> does that include the restaurant? >> that is the ground floor and around mezzanine. the restaurant will be another 4000 square feet. the rooftop garden will be half of that, too thousand square feet. 1800 square feet. >> you are changing the exit from the -- onto seventh street. >> that is correct. in order to provide a buffer,

lankton is one of the most beautiful neighborhood enclaves. a lot of trees there and is mixed use. what we decided to do is there will be to side-by-side adjoining residential units that will face onto the street and have a garage onto the street. there will be an emergency exit that will be alarmed to have an exiting for the entertainment venue. it will never be used as an exit other than emergency. the front will have two exits and i have pictures if you would like to see them. all the residential -- entertainment usage and the restaurant usage will enter and exit onto seventh street. i want to make a few statements

about this. i'm going to ask that we approve this. some of the reasons are i feel that in soma, it is a former entertainment capital that has lost a lot of its businesses. i have been doing work in that area. one of the things that many of the businesses have talked about is the fact that two years is often not soon enough for an entertainment venue to open, get its money together and to continue to lose these permits has destroyed the neighborhood and the vibrancy. we can see that clearly when you walk through their around christmas and there is no one on the streets and you go past 14th street and is booming. things like this, if you can come up with a way to mix residential and entertainment, i think my job will be easier.

it would be something that would benefit the city. i hope that we as a commission can work with this permit and move forward with it. >> charlie salter is designing this new structure from the ground up. he wrote the original sound ordinance. he is the dean over at the sound engineering department at berkeley. he is the one who build the -- did the sound attenuation on the disney symphony hall in los angeles and a lot of major venues. he is the best sound engineer in america and he thinks it can be done. if he says it can be done, it can be done. >> how does this fit within the west soma plan that was introduced to us? >> it is the grandfathered use. the problem with soma in 1989,

the entertainment was zoned out of the neighborhood. you have a number of bars, mostly gay bars down there. along the 11th straight corridor. a little bit on seventh street. there were turned into nonconforming uses and that is the issue here. we are about a year and a half into no entertainment. it is three years that you lose your right to do it again. it looks like any time soon. it is imperative that we preserve these uses. as ynow, as difficult as it is in this town, if we lose a big venue, it will never be replaced. it is impossible. that is what we're trying to do here. we have a project sponsor who has the money to do it. he has the will and it is a great project. >> i am going to point out that

they have voiced several times they're having problems finding venues of the size and there the second largest tourist destination event in our city. for them not to have parties afterwards or bring tourists in from around the world is something that is troublesome for the city. >> another question. i did not see any parking in this plan. if you are attracting patrons with that large a square footage, where will they be parking? >> there is parking but it is the residential units. >> we discussed the parking options. there are a few buildings nearby that provide late-night parking.

we can approach them and see about doing a ballet service -- valet service. there is anothe rr lot on sixth street. we had proposed parking within the building but because of the sea level we cannot dig down. president newlin: any public comment? seeing none, is with the commission. -- it is with the commission. commisioner joseph: i want to present a motion. it is amazing there is sea level. everything up to six straight is the landfill. michael was down there so i get it. -- my club was down there so i get it. i would like to move to grant a conditional permit for this

location, and as additional conditions to this permit is that before this permit will be granted, the applicant must return to this commission with the completed application indicating that description of the location, its intended hours of operation, its security plan, sound system, and anything else that the application would require. this conditional application and this conditional grant is conditioned on you coming back and getting another conditional grant. >> president newlin: do we have a second? we have a second. >> was there second?

-- a second? president newlin: same house, same call. goodluck. -- good luck. next item. >> the applicant asked for a continuance but i do see people here who of showed up for comment. if you would like to comment, please feel free. two minutes. >> i am brad anderson. i am a marina resident. last week i sent out a spreadsheet to my neighbors with contact information. my neighbor give it to his neighbor who sent back the same morning that she got mugged a week ago today at 9:00 on scott street walking down from

chestnut. i am concerned about the neighborhood. to cite another example, a neighbor on scott street can tell -- complained about a party bus where they threw trash out in his neighborhood and talk to the bus driver about it. the passenger pushed the homeowner. i tried to stay involved and i frequent a lot of establishments in the marina. my concern and have heard it mentioned tonight, outreach, neighborhood policy, what kind of comments are being made and i saw none of this with this project. it was a complete surprise. i would ask that you take into consideration and find out, go out and talk to the neighborhood. -- the neighborhood organizations and find out what their concerns are and the hours. thanks for your time and hanging in solely. president newlin: think you for

staying. >> good evening. i am a legislative aide for supervisor mark farrell. it is not clear to me why mr. owens asked for a continuation. i do not know what will change between now and whenever the item is continued. we understand he filed for an entertainment permit last month for the establishment located at 3251 scott street, formerly gravity. when he last appeared before this commission on july 26, 2011 seeking the same permit, our office and many neighbors requested a continuance at that time so basic neighborhood outreach could be done because none at all had been done. the reality of this location is a fatal shooting did occur at the former club on november 1, 2010. we are inherently sensitive to that fact and the concerns that arise.

some neighborhood outreach has been done this time around. it has been completely unsatisfactory to the neighborhood and merchant groups. they will speak to that in their remarks. neighborhood outreach includes a process where both sides are heard and compromises are made. we do not believe that is a process that has been followed in this situation. we believe that common ground is obtainable in this case. we're working in dealing with neighbors and merchants who want to see the clubs this season. we want to work with mr. owens. could i continue on behalf of the supervisor? we have been told that there is no reason why he should not have a permit with amplified sound until 2:00 a.m. seven days a week and he has told some of our neighbors the only reason he is meeting with them is because he has to. this does not bode well for friendly ne+ nor does it give neighbors or other merchants much hope for

confidence that someone will be willing to listen to their concerns in the future as they tend to come up with these types of establishments. it has been unacceptable. we have been here twice now. this is a neighborhood commercial district where all need to coexist. thank you. president newlin: thank you. anybody else would like to speak? >> i am the president of the marine at community association, representing hundreds of members. we are concerned about this establishment. thank you for our dedication -- your dedication to our city. this establishment is something that has tarnished the reputation of our district. there was a fatal shooting. we were elated and new owner was coming in to take over and start a new business and invest, to revamp the image of that

establishment and we were excited in july to hear the applicant was coming to the commission to seek a permit. we came to speak that evening to say we have never met but we understand you are seeking a permit, we would like to speak with you. i do not know if you remember but that evening ended in a strange turn of events when the applicant stormed out and said i do not need this permit. we were surprised to see was seeking a permit again. we did not find out from the applicant but found out through our supervisor's office at the last minute he was seeking this permit again. he did host a community meeting. we found out at the last minute a few days ago. the supervisor's office did provide contact information for my neighborhood association and myself, we would love to communicate that this kind about which is going on so genuine

outrage can occur. two of our board members were able to attend, one of whom is a musician and was interested in playing music at the club in our neighborhood. it was a very strange event in that community meeting. for me thinks -- members did attend. the applicant said he was not willing to negotiate with neighbors whatsoever. it was 2:00 a.m. seven days a week, period. thank you for your time. >> i am a member of the board of the community association and i am on the community police advisory board for northern station. i was here about a year ago talking to you about this location because of the fatal shooting. i made sure i provided to your staff the contact information for the association.

this applicant has done nothing to try to work with us. i first found out there was an application on january 4. i found out he was holding a meeting that day. he was holding a meeting the following day. two members of our board did attend. they got the impression he was not at all interested in talking to them. because of the short notice, i initiated an e-mail to our members of which there are five or 600 people telling them this meeting was going to take place tonight and if they wished to express 8 opinion they should send to your staff and e-mail or come before you. when the applicant found out we had said that e-mail, he contacted one of our board members, who had been at his open house and complained we have been notifying people that this application was going to be heard by you.

we would like to work with the applicant, but it is a two-way street. he has to work with us. we do not know whether we are in favor or not. until -- i would ask you not to accept any further continuance of this and further applications from this applicant until we can certify he has met with the neighborhood and has made a good-faith effort to try to come up with a plan that is agreeable. president newlin: thank you. >> the neighbors asked for compromise. we were told no. they were not invited to these meetings last week. the marina merchants was not invited. he told me wednesday after -- it -- they had a big turnout and

they were in favor. there was a piece of paper, no. 10 font that most people would think would be a menu or dress code or something. it was an invitation. i asked him at that meeting how many people, he came up to two of us and said only one person showed up last night. at the end of the meeting i said mark farrell was around. who else showed up? he said for five people. i do not know what is going on. i believe in music and there needs to be a compromise. there are three apartments that have been terrorized for years and i want -- not applied to 1:30 a.m., i thought there was generous. he says no. i want it this way or else, my

way. i tried to talk to him on other occasions about the -- the neighbors were not invited. about possibly using this venue for the america's cup. he has not wanted to discuss it at all. i am beginning to feel with great dismay because i believe this should have music, that he does not want to work with neighbors. and i am disappointed. he also did not bring the drawing you requested or any of the things you requested from the last meeting. president newlin: thank you. ok. anybody else? yes? >> good evening. i am lt. dan -- i am the night

platoon commander. i am here to make it clear to members of our district that this permanent as we process it, it has been recommended for approval. but with some limitations. we have added a to limitations and eight recommendations as part of the process. additionally i wanted to ensure all the members that are here that we remain committed to our constituency, to be responsive when it comes to the area of public safety and quality of life. just to let you know that we're part of the process. this permit has been received, has been recommended for approval but with stipulations. president newlin: