and what shocked me when he first told me there is nothing, but formula retail on that part of powell and i didn't believe it. i went down and checked it up and the gold dust was the last other than sam's place. sam is a very successful investor. he has a lot of real property and he has a restaurant in the castro and in a restaurant in the haight and i think some fact that some san franciscans will step up to lose money and he considers family to have jobs i think is commendable and i would think this is exactly the type of person we would want to support in san francisco. >> thank you. the item is with the commission. do we have a motion? >> i move to approve with the police conditions. >> a second? >> i second. >> call the roll. >> commission hyde. >> aye. >> commissioner joseph? >> aye. >> commissioner tan? >> aye. >> commissioner lee?

>> aye president newlin? >> aye. >> good luck. thank you for coming in. again, item 6g, richard einselen dba balancoire, 2565 mission street, place of entertainment permit application. >> the applicant has requested a continuation until the november 6th meeting of the commission. >> okay, maybe you can go over the pronunciations with me before. >> balancoire. >> i move to continue. >> second. did we do public comment? public comment on the continuation? no? see i knew that. [ laughter ] commissioner hyde? aye. >> commissioner joseph? >> aye. >> commissioner tan?

aye. >> commissioner lee? >> aye. >> president newlin? >> aye. >> 6h carl cruz dba la rondalla 901 very wellencia place, entertainment permit application. >> the restaurant has been closed for the last five years. and will soon re-open. the planning commission approved this and the outreach has been extensive. the tenants of 913 valencia street expressed concerns about entertainment to the planning and entertainment commission and those letters are in your packet and those range from everything to the cleanliness of the restaurant to mariachi bands on the sidewalk as they enter and exit the building. some of those concerns have

since been adequately addressed from the perspective of the neighbors as evidenced by an email we received today from one of the neighbors. >> okay. welcome. >> back again. this restaurant as stated later goes back to the 1950's and has remained in the same family, the barrios fax. the second generation is here, carlos and his daughter luna and his other daughter betty. what the restaurant has been closed for a few years. they have done a massive overhaul and reconstruction. it's absolutely beautiful right now. they own the building as well. is this showing? it will come up? >> >> it's you, marcia. >> this is the ground floor

here. and and of this a type 47 license and have hired security. they have a security plan in place. we have done extensive outreach in the community. everyone is really excited about this coming back. there was an issue with the mariachis standing on the sidewalk after closing, but the liquor license only goes to 1:00 and so the mariachis will have to move on and security is well aware of that and i think everything will be control the. the man who organized the neighbors in this building had sent an email wishing the

barrios sisters well. >> hello, my name is carlos barrios and my two daughters are here as well. we have this legacy that my mom and dad left to me. how can i say, that they gave me the opportunity to bring up my family as far as financially and all of that. so i'm trying to do that for them. trying to set them up in a certain place, where they can go ahead and do the same thing, like my father and my mother did for me, you know? so i would like to continue the legacy to them and my parents also to continue their legacy of the la rondalla restaurant. as far as anything else, as far as any music or anything, we

don't want to hurt the people. we don't want to disturb -- we have got a sound system in the business and everything, where that can probably be reduced a little bit, you know? as far as the hearing of the outside, to all the patrons. so that is all i would like to say. i'm just trying to pass the torch onto my daughters so they can continue like my dad and mom passed the torch to me. i want to do the same for them. well, the music has always been part of our restaurant, and it's always very lively and great atmosphere. we have tried to talk about all the ways that we can control, like the mariachi they say it was outside before and a lot of that was the trios that come

through the neighborhood. but we have security, so we'll completely manage that, and not allow that to happen for the future. >> good. >> ditto. >> okay. best presentation we have all night. [ laughter ] >> welcome. >> good evening. president newlin, i'm captain moser from the police station and i wanted to take the opportunity to introduce our new permit officer, officer chris mcdonald with our outgoing permit officer, officer gary buckner.

>> we hate to lose you gary. >> i'm going to miss you terribly commissioners. i'm sincere. with regard to the restaurant, we look forward to working with them and them coming into the community. i understand i have never had a meal there, but i understand that they have great food. the issue is that we haven't seen an actual application or security plan. i don't know if that one fell through the cracks, but we are not in opposition to the entertainment and the mariachi music at this venue. we do have a history, as has been indicated of the mariachi problem out on the street. so we would just want to ensure that the permit holder was aware that the entertainment should be contained inside the venue. also, i am not sure why this isn't an llp type permit or why they needed a full poe, and why

they for that matter need a security plan. is it a nightclub-type venue? >> it's required. >> security plans is required for all poe. >> what i'm saying it seems like a more appropriate permit for a mariachi band inside the restaurant would be a llp. >> it's not up to us or you. >> i'm aware it's a full poe. we haven't seen the security plan. so we would like to see that. >> we'll make that a condition -- or i will recommend it, if the commissioners agree to make that a condition of approval that the mission station review, as well as our staff the security plan and approve it. >> thank you commissioners. >> okay.

officer mcdonald, welcome. >> i have a question? >> all right. >> i have a question. so when they did the remodel, and they replaced the windows outside, are they double paned? carlos, when you did the remodel and you replaced the windows outside, are they double paned windows? >> yes. >> great. >> the security plan -- [ inaudible ] >> i'm sorry. >> the security plan was sent, but it must have evaporated. >> okay. well, if you have it -- okay? we'll take a copy of it. >> also installed soundproofing. >> good. >> any other questions by the commission of applicant? okay. we'll open up to any public

comment regarding this application? commissioners my name is stephen castiliano, this was thorough le vetted throughout land use process and there was a particular neighbor who had some concerns and the city of san francisco planning department sent them a two-page, basically codes and requirements to clear up some of the matters. he was very happy with that. in addition, he contacted our office and we sent him a security plan. he was very happy with that. he is also very happy with the fact that most of his concerns were addressed in the good neighbor policy, which they are going to follow. the last email that you got was basically one of contentment saying look, the concerns that i have had have been addressed, and he also thanks us for prompt and excellent communication. now as far as things that we

have been in contact with the pd. this is not a mystery. the fact that the security plan seems to be circulating throughout the community and yet the pd doesn't have it, i don't know what happened. it may have been something that fell through the cracks, but we would be open to any conditions that they had that were reasonable and customary because we want to get this vacant space up and running. what is really great, there is a big upside to valencia corridor right now. there is housing going in and other venues and entertainment this. is one of the brightest spots that we have in the city and some people call it "hot." i'm glad that a traditional latino restaurant will be able to resurface here with other venues coming in. it's very important. i was at a dinner at

intercontinental where mayor lee, who is very proud of the business that we created in san francisco as we top destination spot. seems like people come from all over and don't want go back to where they live. he didn't elaborate, but the article elaborated that part of the reason that people want to stay here is for the bars, restaurants and nightlife. i think valencia street corridor epitomizing this and traditional family businesses like la rondalla are just wonderful to have and we need to get the place opened. so thank you very much for your consideration. >> thank you. any other public comment? okay . the matter is with the commission. >> when i moved here in 1982 i lived on 22nd street and valencia. and i ate at la rondalla all the time. it was all the time. so i am happy to move to approve this

permit, and wish you good luck. >> do we have an amendment that they provide a security plan? >> i think staff should do that, because the security plan is in the packet. >> the mission station claims that they never got it, so it would be appropriate for them to get a security plan and review it and make this a condition of approval. they have indicated that they would like to see and review, which they should have had already, but somehow it didn't happen. >> i don't care how they get the security plan, whether the staff accepteds it to them or the applicant sends it to them. >> staff do you have the security plan? >> yes. there was a transfer with the permit officers. so it's

possible that under piles of papers somewhere. >> so the condition that they just hand it to them? >> yes. >> i can do it right now. >> i second the motion to approve it. >> there you go. done. >> has the condition been met now? >> it has. >> great. >> that is my motion. >> all right. and i think we seconded it. >> okay call the roll. >> commissioner hyde? >> aye. >> commissioner joseph? >> aye. >> commissioner tan? >> aye. commissioner lee? >> aye. >> president newlin? >> have i to vote for it, even though this is in direct competition with my wife's restaurant down ramon. [ laughter ] good luck, i'm sure we can use another good restaurant in the city. thank you. all right. item 6i, francis tsai dba

shanghai, 2029 market, place of entertainment permit application. welcome. >> my name is francis tsai. >> hold on. >> time out. >> let me give a brief introduction. >> wait, hes had too earn his money first. >> i don't get paid if i don't make your introduction. shanghai will be a chinese restaurant. the applicant intends to have live singing accompanied by piano during dinner and evening hours. we received two letters of support from neighbors and one letter requesting denial of the permit. notably the neighbor against the approval of this application cite nuisance behavior from mecca, which was the former incarnation of the space before it became ginger

fruit. specifically the neighbors were concerned about the way the speakers were mounted to the structure, which caused some vibration in the building. >> my name is francis tsai and i bought this property about 15 years ago. at that time i rented to the people who operated mecca. and then after ten years, they did a very goods by. business and it was successful, but something happeneded and they sold it to something else and these people did not know how to operate and didn't pay me represent for two or three years. in the meantime i didn't know what to do and so i closed it for a few months. i thought of opening the restaurant again and using the same shanghai. the first name i used the name

-- and i lost a lot of money. [ laughter ] i didn't know that they didn't like that name. then i turned to ginger fruit. ginger fruit, i didn't like it because the management was not good. now i'm going operate a first class chinese restaurant on market street and the chef is one of the best to cook shanghai food. >> all right, you are making me hungry here. [ laughter ] >> you are welcome. >> questions from the commission? >> are you not the same people as shanghai 1930? >> no. >> you are not? >> i used to be in the rincon center. >> you are right, the ginger

fruit management was not that good. >> yes. therefore, i had to stop and then start all over again. this is my third event. >> okay. and there was someone from the community that was concerned about noise that emanated from the prior club. has that been addressed? >> yes. >> i am the performer the singer that will be there. we have two small speakers there. >> okay. >> that is it, me and the piano or an accompanying flutist or clarinet. it's soft dinner music. >> all right, could you give us a quick sample of the music? >> law enforcement >> [ [ laughter ] , no, you will have to come into the restaurant. >>

>> after they left, did they run a dj as well? >> it did not work. >> they will sing love songs. >> some more cabaret? >> yes >> okay. piano lounge. >> any other questions from the commission? seeing none, any public comment? oh, mission station police department, would you like to comment on it? >> commissioners, commission station has reviewed the statement and we have no objection to the poe and we work forward to working with them and enjoying their great

food. >> all right. any other questions for the police? okay. public comment? you can have a seat, if you want. >> good evening. hello. i'm ryan mcadam. i'm a condominium owner at 2027 market, which is one of the residences that is situated above the restaurant space. i purchased the property there in 2004, and i remember in 2006 when mr. steve webber came before the commission making very, very similar promises. and i can tell you that in fall of 2008, my life at home was nothing short of a living hell.

i mean, there was base, constant base thursday, friday, saturday night every single week and i'm just trying to live my life like any other resident in san francisco. and there was nothing i could do to stop this. the police couldn't do anything. it went on and on. until finally the restaurant closed. and if this is going to be granted again, i would ask that the commission consider conditions be placed on this. conditions should be placed on the permit that prevent loud music going until the night, 1:00 a.m. i'm just asking for something reasonable here, a reasonable compromise. because i don't want to be in a situation that i was in before.

and i don't think my neighbors do either. >> okay. that is understandable. sounds like it's a whole different sound system, a whole different type of music presentation. >> there is no base. it's a piano and it's me. that is it. that is what it is. there is no booming base. there is no loud music. >> and what are the hours? >> the hours are 5:00 to 12:00. >> 5:00 to 12:00? yes, with music from 9-12 but that may vary. >> and our technician will be doing a sound test. >> he did. >> and if you would like a sound test in your apartment while they are open, one of the staff will give you their card and you can contact our investigator and he will come and do that.

>> i would also just like to point out that to my knowledge there hasn't been much in the way of outreach to this. outreach has consisted it -- this is a photo i took this evening on the way here. this is the outreach that we are receiving. it's banners attached to the facade of the building. i haven't received any other news regarding this, aside what is being posted to the side of the building. i would also ask that lines of communication be open so that we can be communicating effectively and the new owners or the new operators of the space rather can begin addressing the concerns of residents in the building. >> so it says here that you

have contacted the dubose triangle neighborhood association? >> yes. >> and that you will contact property management of the building? >> they have been contacted. >> how did you contact them? >> i called the management company. that we're going to apply for an entertainment license. and we have posters pasted on the glasses door. so they know about it. >> okay. and so you contacted the dubose triangle neighborhood association? did you sit down and talk to them or just contact them? [ inaudible ] >> okay. are you willing to meet with the neighbors upstairs, just so that they could voice their concerns and that you could talk this out? because it seems to me that that is probably not going to be a problem.

i had a sister who played flute and she never woke me up at midnight. i think there should be some sort of meeting with the neighbors upstairs and there should be some sort of outreach done. because obviously, even though this is a better situation, you can only imagine what it's like to live in a bad situation for a long time without having any control and that maybe this would be a great step for you to make better peace with these neighbors. >> excuse me, they don't seem to be very cooperative. >> i realize. >> because i have invited every time i open the restaurant i invited everyone one of them to come down and taste the food. i went to every unit and pasted the invitation at the door and no one of them showed up. they don't want me to do

business. i said i'm going to make this into a homeless headquarter. i told them. [ laughter ] >> item. all right. all right. &i think the gentleman's concerns are valid yeted from previous experience and we'll work with you to make sure that they don't exist. i think that it will be a good asset to the neighborhood. >> they are welcome to report to the police and take any action that they want. >> are you familiar with the good neighbor policy? >> i'm very familiar. >> can i just make one point? one of the stipulation is that

you trade cell phone numbers and make your number available to him so if the noise is a nuisance, you could try to negotiate that. >> i would be happy to do that. shang hai food is one of the best. any more public comment? seeing none, the matter is with the commission. >> i move to approve. >> any further discussion? >> have i a question. >> you know obviously the neighbor -- >> i'm going to second that motion, because you have to second the motion before you can discuss. >> okay. >> he did? >> i'm sorry, i didn't hear you. >> you have got to listen to each other. [ laughter ] >> obviously the people upstairs have been impacted from mecca and the other people that have been there and i know, because i know some of the djs that played there and they were having a hard time trying to keep it down.

it's just that the building is bad. it seems like mr. tsai is doing more a cabaret, more live music and is there a way for the inspect why or when they do the sound check,? >> staff, this goes to staff. we grant a place of entertainment permit. it's not our job to tell people how to run their business. its our job to determine and grant the permit. does the permit limit what kind of music that they play? >> not the music, but the sound system. >> does the permit limit the sound system? it limits the db level? >> it can do both. it indicates if there