i brought you guys a blank page here, and what this says it represents a nice picture as opposed to 407 ferrel street. i am not sure if you've passed this -- it is not a pretty picture. a lot of homeless live outside the building. crack and fights and heroin and dancing in the street, things like this we can't house in the city. we wllook for answers to mid- market problems. the building is vacant. the owenrner is 5th church of christ science.

this is stapled up with plywood and there are also a pair of illegal signs above this and i would like to invite everyone to join us for an hour of reading, to promote a drug-free community and also, any pressure on them to house something besides this could only be beneficial. thank you. >> for those two people who are standing on either side of the door, please go to the other side of the room, you create a fire hazard. >> next on general public comment -- >> i am linda chapman. i want to speak about the knob hill neighborhood. i really feel out of turn, commissioners. i see some signals that may

encourage people to feel that they should come forward to speak for the community. this is what the community wants, whether or not they know what the community wants. why went for training and community organizing 101, they said that this is typical. people feel that there is a need, and they organize for the community, they feel they speak for the community. they said, find out what the community wants and have the community speak for itself, if possible. i have heard some signals that encourage that. i asked that the coalition for san francisco neighborhoods, what happened? several groups at nob hill have

done this. they say that things change and i said, no, except over there. what could be the reason? is this a supervisor? or maybe it is things from here. when you see two people telling you they represent the community, or one person, and then you don't see the community, or you see a bunch of people who saw the notice and came in here, you should ask yourself, is this a group of well-intended people or maybe not? and my doing something that maybe encouraging that? this is a concern i wanted to express. >> and is there any additional public comment?

seeing none, the next item. >> commissioners, we go back to item number five that was taken off of the consent calendar. this is case 2012, for 1865 post st., and the conditional use authorization. >> good afternoon. the item before you is a request for a conditional use authorization for 1665 post street. this is for the use of 4000 square feet for entertainment use in a lounge and restaurant of approximately 5000 square feet on the ground floor of the two-story commercial building. this would have live, why in jazz music and cover bands. currently, the restaurant is open from tuesday until

thursday, friday, -- saturday and sunday to 11:00 p.m.. music would be offered during active hours. prior to this, this was vacant for approximately one year after being occupied by restaurant doing business -- and the project site is on the south side between fillmore and webster street. this is approximately 1000 square feet in size, in the japan town special use district. the property is occupied on the second level by the japan center, and the existing restaurant has on the ground floor. the project is in the western neighborhood on the corner of the japan town -- the surrounding development consists

of commercial and makes use buildings with residential units above. the scale of development is 2-5 story structures. commercial areas contain a mix of cafes and financial institutions. the site is bounded by the sundance kabuki and the japan center mall to the east, three multi-story housing to the north and to the south -- these are m- 3 residential mixed. a variety of establishments are nearby. we have three letters in support of the projects which were included in the report, and to email said oppose the project, mostly about noise disturbances from the music.

i have copies for your review. in order for the project to proceed, they need to add 4000 square feet and other entertainment use -- with 9000 square feet, pursuant to planning code section, 712. the department recommends approval and -- the project would enhance the independently owned neighborhood serving restaurants and ensure the success of the restaurant at the current location by attracting customers seeking the entertainment venue. this meets all requirements of the planning code and it would enhance the economic well-being of the neighborhood. local residents can access this by taking public transit.

this is consistent with the mets commercial character of the zoning district and japan town. this is compatible with the surrounding neighborhood. the business is not formally for retail use. this is concluding the presentation and i am able to answer any questions. >> is the project sponsor here? >> good afternoon, commissioner. the whole purpose for this -- that i put together is for the japan town community, and also for the pacific island -- to get together and also for the local performer, to have a place to perform. we also have a live show for the community.

if the kabuki theater concerns the noise, i will cooperate with them. i really need the full license to extend the music to midnight. and also -- i am doing this to create jobs for the youngsters. we created 39 jobs already so far. we get together -- for a ga thering and also, this is for the public to meet there. a lot of parties there for fundraising. we have had entertainment, and not one incident of trouble. i urge you to approve the conditional use for me. >> thank you. >> we may have questions for

you. go ahead and ahve a seat. >>-- have a seat. [unintelligible] >> good afternoon, commissioners. i am nancy from sundance cinemas. we operate the kabuki cinemas next to the restaurant at 165 post street. we've operated this since may 2006. a year and a half ago, we gave up the lease and a new operator

began to remodel. our former restuarant manager worked there and she has left the position and will not return. i am here to voice our concerns about the restaurant's application. they have presented live shows on weekend nights with loud music, and we experienced a strong sound lead through the shared wall. this is alarming to us. we cannot have any interruption to the patron's experience to see movies. when we experienced sound issues, she was responsive and sensitive to this being an ongoing problem.

with that manager no longer working there, our concerns may be unheeded. we had music but a small platform stage at the front of the building, facing the street. the new operators have a large stage aga walls, causing the loud music to be heard in auditorium number 2 and our open spaces, so we hear music in the movies. as a sundance movie theater, we play smaller fields. we pride ourselves on presentation, and it is untenable to have music bleed over. the operator did not include soundproofing construction. before we can support this, they

must do considerable work to make sure the amplified music will not come into our auditoriums, and there msut be conditions -- must be conditions for acceptable deciblel decibel levels. we would like for them to pay attention to these issues before going any further. at this time we are against this use permit being granted. >> the next speaker? >> good afternoon. i am here on behalf of -- property managment and the kabuki center.

the tenants are the kabuki spring and spa. we are against this project. we believe this will affect the operations of the -- of our tenants. they are both directly affected by any noise disturbance. they have expressed to me over these previous concerts' that they have had unhappy customers and loss of income. people are asking for refunds and due to the noise. we don't feel that we are being unreasonable. we would just like to see a study done so that our tenants can properly operate their day- to-day business and everyone can be successful in this building. >> thank you.

and is there any additional public comment on this item? >> i represent supervisor olague. this project has come to as many months ago. we were, at the time, informed about how difficult it was to apply for the conditional use permit. they are currently taking out a temporary entertainment license permit every week to appalled at this. their plan to bring entertainment and livelihood to japan town special use district, that is the plan the community has been involved with. this is a project, we cannot speak in favor or against this today, but they did come out many times to speak with us.

the neighborhood has been thoroughly vetted around these issues. this may be a substantial issue for you to consider but i want to say that the community and the japan town taskforce has been fully supportive of this project. it is something you should think about it. the concern around the process how long that would take is something for you to consider as well. this is what we have been hearing in the neighborhood. thank you. >> thank you. additional public comment? the public comment portion is

closed. we bring it up to commissioners. commissioner antonini: oftentimes, we do see when we have conditional uses, studies have been done as far as sound comment it does not appear it has been done in this case. i am not sure whether this is something that could be asked as a condition of approval or if it was felt by the commissioners that should be done first. kabuki has been there for a long time. in the entertainment that make incur there does not infringe upon the ability for kabuki to operate as a theater. i will wait to see what the other commissioners have to say, but i think in one form or another, this concern has to be addressed. whether it be addressed to a

continuance or approval with conditions. we will have to see what is most appropriate. commissioner sugaya: pimm in this case, -- in this case, we do not have plans that show any soundproofing construction. sometimes, we have those. sometimes, i suppose, we do not. it seems the neighboring uses, unlike some others, are more sensitive to noise then we have seen. i can imagine being in the theater and hearing noise coming from the adjacent entertainment would not make me very happy. equally so, i have had some massages, and i think it's been quiet is a pleasant experience.

peter through a continuance -- either through a continuance to have the project sponsor address these issues might be in order or we could craft some kind of stringent conditions, i suppose, then what is in the current document. perhaps the entertainment commission costs -- commission's, the amount of sound that would allow to be transmitted to adjacent buildings may be higher than what could be tolerated in this case. vice president wu: i wanted to confirm with staff whether it is the entertainment commission or its is dph that regulates the

noise. >> my understanding is that the entertainment commission will be hearing about this. we did add that consistent number 11 that the building be adequately soundproofed and that any noise meets the san francisco noise ordinance. commissioner wu: ok, thank you. commissioner moore: the basic elements of agreement should be in place and spelled out. what surprises me is that this letter of concern is written today. i would assume, if staff would have been involved in this at an appropriate time, it would not be in front of us today. it surprises me, while i fully

see the support of the community at large, the technical detail is part of what we need to be sure of. otherwise, those issues which are not addressed. i would have to ask the attorney as to whether we could craft and forcible sound proofing requirements for this to happen. i would be more comfortable continuing ed until the understanding between the applicant and the adjoining owners is fully technically resolved and then we can support this project. we're not saying that we are not

supporting it, we're supporting the intent, except for that missing type of communication. arcelia hurta>> we do not have e information before us to craft the right legislation on the sound. >> i am not there yet, but if we did continue the item, with this project go to the entertainment commission regardless? >> i believe they are waiting for the outcome of this commission to hold their hearing.

>> could you speak right down into the microphone? >> i believe there waiting for the outcome of this commission to hold their hearing. >> if we approved it, they would hear it. it, they would also. ? >> i do not know. >> they are waiting for your decision. if you did not make a decision today, they would likely hold off. >> i kind of lean towards, this is a key piece for japantown. eileen towards -- i lean towards approving in asking the neighbors to try to work it out to go above and beyond the sound proofing requirements the entertainment commission is going to put on them. hopefully, by then, when you go before the entertainment

commissce of improved soundproofing to protect the neighbors. let me see were all to go with this. commissioner sugaya: i have a side question. could you explain -- 3d owns the buildings further to the east, across the bridge? >> yes -- commissioner sugaya: are you involved in management- ownership? >> just 1881, which consists of sundance and on the spot -- and the spa.

it affects both of them, especially the spa. commissioner sugaya: the lessee of the restaurant leases the property from the other owners. >> yes. >> what percentage of the spa has shared walls with the proposed subject? >> i do not know the exact -- they are the ones who have been getting several complaints. people asking for their money back, saying that it is not relaxing. it is not relaxing whatsoever with the noise. >> thank you. commissioner antonini: thank you, i can appreciate the fact that the activation of live entertainment is important. i would be inclined to support a continuance. i do not know whether a month is

adequate or how much time it would take to get some sort of a sound steady. if that was found that if we are unable to attenuate the new ways, making it compatible with the size -- the massage or spa activities or the theater, it would influence our decision whether to improve or not -- approve or not. i would be more inclined to want to hear this could be done to be properly waffled to be able to make it possible. that would be my inclination. commissioner wu: seeing that there has been some level of community outreach, that the jtown task force supported the

project, i think there is time between the planning commission and the entertainment commission to create a proper plan for soundproofing. these are real concerns, but it sounds like the project sponsor is willing and able to come up with a plan to help soundproof the building. commissioner sugaya: i am going to make a motion to continue. the reasoning is, what has been expressed already, the concern about the sound and the level of sound that will be transmitted to adjacent uses. i am also concerned, there is nobody here from across the street in the residential units, but i think that needs to be looked at also. any sound testing needs to take into consideration what is happening along the street and across the street in those residential units. there should be -- i do not know

if i have the votes -- but if it does it continued, i would suggest the project sponsor and the adjacent uses get together and discuss mutual, discuss the issues that have been raised and tried to reach some kind of solution to that. there is already in our conditions the necessity to have soundproofing installed. what we're talking about is that we do not have enough information for us to approve the project based on the lack of information. therefore, that is why i would like to continue this item until we get some technical data. >> second. >> and the date for the proposed continuance? >> at the 13th.

commissioner moore: i would like to remind the commission, we had several cases in front of us were people were trying to do restaurants with entertainment. in those cases, neighbors having great concerns, the applicants brought sound engineers, including the type of equipment that would be using in order to mufle or make sound compatible with adjacent uses. here, we have an unusual building. anything to talk about how sound travels. we have to assume there is vibration as well as the noise. if we are doing apples and apples, it would be necessary to have a sound engineer advise on soundproofing of this type of structure.