with them with the middle neighborhoods and we had a glass of wine and chatted for 45 minutes. the consensus i wasn't in their area. they weren't going to contest me and i don't know why they're front and center now and i'm not even in that middle polk jurisdiction. >> okay. >> commissioner wu. >> thank you. so we do have the 2005 conditions in front of us and they fairly clearly state that the business shall be operating as retail store with wine tasting bar. i think it's really hard to support a business -- the business maybe doing well, or sort of a nice business owner, but it's hard to support that the original cu was not followed and i think it

sends a bad message to other business owners that they don't necessarily have to follow the conditions of their approval, so i think it's possible for the business to condition to run under the original cu so i don't support the one in front of us today. >> commissioner sugaya. >> yes, if you go on the internet i don't see retail sales and it's operating that way in violation of the original conditional use and seems to me that the argument presented because it's been operating for seven years illegally now it's okay because it's a nice place and the owner is a nice guy and everything else and i couldn't understand the argument because they didn't get caught because

for some reason the city didn't catch them illegally, and so much time has passed that now it's okay to legalize the use. >> i don't quite follow that logic, and therefore i'm not in support of the conditional use, and it reminds me of the piazza market in north beach. they have a conditional use to do retail grocery store. they never turned into a retail grocery store and i think the same thing is true -- again north beach example and covele's book store and to sell coffees and sell books and things and i

think that has gone by the way side and turned into a minirestaurant now and this isn't the only example in the city where there are conditional uses issued, and if i were the proprietor i would have said -- okay retail sales isn't driving it so much. let's go back to the city and ask for a conditional use at the time, a year after he opened or six months after he opened and i don't know. it just doesn't cut it for me. >> commissioner antonini. >> maybe i can ask project sponsor a little bit about the reason why the cu is before us. you probably realized that your use might have been out of compliance. is that how this came about? >> on my 2005 permit it does

state -- it says "authorizing the establishment of retail wine store with wine tasting room defined as liquor store and bar" is what it says on the description, so probably my naivety. i am taking ownership of it. i came to the board to make the changes on my own volition. i wasn't forced. the police didn't come in and say you have a violation against you. i willing applied to do the changes when i realized i was in violation. when it's described liquor store and bar and that's my understanding what the license was for. >> what brought you to seek the cu at this time? >> i came to the planning department to change the hours of operation and at that time speaking to the planner he informed he "well, we had look at this as well" and at that

time i withdraw that request and requested to legalize my business. >> and continue the same operation and what you thought were the conditions of approval. >> that's correct. it's misleading and on the 2005 it says -- like i said defined as liquor store and bar and go through it more and talks about in november of 1986 and the zoning nearestor issued an interpretation and wine tasting room as part of a retail establishment is treated like a bar and that is number six -- >> thank you. yeah. that is informative because we have gone through some changes and that's all i need from you but thanks, where we have recategorized the restaurant, bar, limited restaurant. these were the categories before we had many categories as worked to alcohol consumption and centered on those three but before we had a

lot of different categories of types of food for service and some included alcohol sales and some didn't. maybe i could talk to someone representing the neighborhood groups. what would take for your support? would it be if we closed the is the windows here. what is the real problem? and what they have been doing for seven years and now we believe it is the permit and they're doing the right thing. ms. chapman did you want to comment -- >> [inaudible] >> we met october 1 with the police and et cetera at st. francis hospital. we used to meet regularly. we just started again. we had 60 people at least and more than the other organization and i think we

qualify as a neighborhood group. so anyway there are a few things. one it's in the senior housing and when i went in there -- really i went in at 1423 polk and did you get a notice? "you can help us. we're suffering". nobody understands how they're suffering and cut to the heart. they have the heart conditions and not all from the bar and some is from the ones in the 1200 block and he said "the one downstairs" and they're not thinking about that and they don't get a response from it. the old people, and mostly chinese speakers and -- >> ms. chapman i just need a little more specificity. you're talking about noise to a particular group who are supposedly bothered by a lot of noise and this maybe only one

contributor. and the condo owners across the street and she said i won't ring the bell anymore and the permit and there is someone that filed -- not this one and the introduction and too many together and all the noise and filed 60 complaints at least to the police. >> thank you for your answers. that's enough. we are hearing complaints about multiple things. that isn't before us. >> to me the specific violation. to me and the neighbors. it's important that you comply with the planning code and don't just go off and do something else. there is a lot of that on polk street and people have been complaining to each other. >> thank you. that's enough. my questions were in regard to

what the project sponsor to can and we have to encourage things done right and discouraging things done wrong and criminal problems and sometimes we have it backwards and this guy is okay. he maybe beyond what he was granted by the conditions but he's running a good establishment and i am sure -- would you be willing to close the windows if it's an issue? >> yes, i would be and pertaining to the comments about the people that are my neighbors. i have a letter of support from mercy commercial housing that does represent the ownership interest and the tenants in the building. i am in contact with the neighbors. i never had complaints from the neighbors. ms. chapman came in and stirred things up. >> that same building she is referencing. >> she doesn't represent them. if they had problems they would

be here raising cane. you notice she doesn't reference me but the bar down the street. >> thanks. i understood that part. i wanted to hear about the windows and i will support that motion so if the windows are closed and the concerns and polk street has been a fairly loud street. it has been a active street. it might be a little more now and if you live near a freeway there is going to be noise. it's not a quiet place but we have to try and control it as much as we can particularly the noise from inside the establishment and also i haven't heard this is an issue. i don't think their patrons are out on the street causing problems where there might be others from other

establishments. >> commissioner moore. >> i am in support of commissioner wu, hillis and sugaya looking at this as a strange cu. if the law is indeed unclear and if indeed the commission at that time five years ago and only commissioner antonini would have been part of that would have been inclined to be nice . the reality is that our role is for to interpret the code in a manner that goes beyond our tenure here on this particular dais. this interpretation is why we try as best as possible to up hold the rules so this becomes rule of law and i believe in this particular case, even if you i am happy to hear that the owner has made contributions to a well liked

place in the neighborhood and positive changes in the block i think it is the situation itself and the ambiguity of what was done five years ago where we would only be creating insult to injury by creating more complicated conditions and in the event this owner, and i hope he won't and sell the bar it would remain a bar and could take all the rights and nuisances that come with the definition of bar and for that reason i cannot support this. i make a motion that it be denied. >> commissioner hillis. >> so let me just clarify. my position on this. i don't necessarily support the cu before us. i think it's broad. that's not to say i don't support something along what commissioner sugaya said and you come to us and the business evolved and changed and a retail establishment doesn't work and something that could work of

more of a wine bar but i don't think this cu gets there so my recommendation is for the project sponsor meet with the neighbors and find out what would work. if the retail room tasting doesn't. maybe what you're talking about does but doesn't seem like you're there and creeping beyond the wine bar to live music and things like that. i am not supporting a cu but this one before us i can't support it and what we have heard from the neighbors and where the establishment is. >> commissioner antonini. >> precisely. i don't need you right now. i think commissioner hillis strikes this. although late we are hearing some opposition coming in. we are hearing some concerns coming in and questions about noise. we are hearing questions is the music necessary? and it does kind of go beyond a little bit

further intensification of the cu, and i would be supportive of a continuous to allow the neighbors and project sponsor to meet maybe for a month and allow them to try to work out something, and the police department that could be acceptable that would perhaps -- i'm not saying eliminate the music. i am saying that could be a condition, closing the windows. there maybe other things so we can craft something for everybody and it's a good establishment for people visit and they're safe in the neighborhood and not a traditional bar but a wine tasting shop which there are many of and most function quite well, and try to find conditions that could keep the noise levels lower, and i think that would -- so i make a motion to continue. >> commissioners, the protocol -- the motion on the floor is

for disapproval. i don't have a second for that. but a motion to continue would take precedence over it, so if there is a motion to continue is there a second for that? there is no second for that. is there a second for motion of disapproval. there is no second for that. both motions die. >> we have to go somewhere with this. >> commissioner sugaya. >> i would like an interpretation from staff. the project sponsor read section six, and it does say it's interpreted that a wine tasting room that is part of a retail establishment is treated as a bar and in the polk cu required

to establish a bar. >> that's correct. >> if that was in the original motion i assume that at the time that this was passed that the commission's intent despite what definition of bar might be, the intent -- the language was that it be restricted to a wine tasting accessory use. >> that's correct commissioner and that same motion in the conditions of approval in exhibit a under condition number five it states that the business shall be operated as a retail wine store with wine tasting bar, not solely as a wine bar. >> okay. and a second question in terms of commissioner -- >> excuse me. wine tasting bar. >> commissioner hillis and i think commissioner moore. under this cu if we approve it if

some future owner let's say came along under this particular cu could they operate it as a pure hard liquor whatever bar? >> under the cu that exists now? or the one proposed? >> the one proposed? >> no they couldn't. it limits to beer and wine. >> i have another question. in terms of entertainment he apparently has whatever the entertainment commission's are for temporary permit. is there -- at what point -- or would it be necessary to have entertainment come before the commission as a conditional use? >> i'm going to defer that answer to the city attorney perhaps. i don't have a copy of the code in front of me commissioner. i'm sorry. >> isn't it usually the case that entertainment comes before the commission in certain

zoning districts? i don't remember the code either. >> commissioner, yes, if it's indecide considered other entertainment and in this instance this is a limited entertainment use so it's considered an accessory use to the use. >> so he wouldn't need -- he wouldn't have to add that? >> as we understand it, no. >> okay thank you. >> this is a difficult one because i think this is a reality of what can change in a business in a block and i suspect that the project sponsor started off with the intentions of opening a small shop and due to the success and the growth in the area he was a beneficiary and probably needed more seats is probably what happened, but with that i am not and never

would be in support of this since it's not compliant, but it's unusual in he's voluntarily trying to legitimize his business. by denying i'm not sure how he goes about that to actually come clean again. he will run into the same obstacles. if there was a stack of police reports that reported to trouble and violations i would be not supportive of approve this, so i am really on the fence. i don't know if a continuance, more time to gain support of your neighbors and extended neighbors. i am really talking out loud here but commissioner hillis. >> so i don't know if that motion to continue is still on the table but i support or

remake a motion to continue with the objective that the conditions of approval are amended so can't just open a regular bar here but there are conditions that reflect what this business would be which is more akin to a wine bar and maybe there is live music, maybe there isn't, and the hours are different but the project sponsor work with the neighbors to figure that out. >> second. >> i guess i am up next. >> commissioners, when would you like to bring this back? indefinite continuance or do you have a time frame in mind? >> definitely before the end of the year december 13th. >> that is fine with me if it's fine with the maker. >> okay. so december 13th. >> and i -- that's fine, yeah.

i just wanted to comment also and i am reading over page three where it goes into planning code section 723.41 where it talks about specifically the type of licenses a bar with on site premises sales of beer and wine and it is a little -- the language from abc and the language which was part of our approval motion. i remember some of these but it was a little bit confusing and it probably grew gradually over a period of time and became more and more lively and i think what we're trying to do here is just go ahead and straighten this out and get the legal title to it to conform to what the use actually is. >> commissioner sugaya. >> yeah, a couple of things. first we were informed by staff he has not made contact with

the police department, so we don't know if there are complaints or not. i believe the project sponsor but i think we need something from our end so if mr. crawford could make a concerted effort -- >> that's a good idea. >> to get something official from the department and also in my materials unless i am missing something i don't have hundreds of letters of support and if that is part of the presentation i think we need to see something more and thirdly in this interim period i think there needs to another effort with respect to the neighborhood groups in the area. >> commissioner wu. >> thank you. i can support the continuance today but for the issue of not setting a precedence and it will be there and it's not just to make it a

bar but make that situation difference. >> commissioner moore. >> i would echo the last point made and i think it's important to receive further instructions from the city attorney what it means when the business turns to over to somebody in the future and thinks it's a bar. i am in support of the continuance and i need these things in the hypothetical case it's called over to someone else. >> can i call the question please. >> yes, the motion is for continuance to december 13. the public hearing will remain opening and you have given instruction to project sponsor and staff and there has to be a public hearing on those findings. on that motion. commissioner. >> aye. >> commissioner. >> aye. >> commissioner. >> aye. >> commissioner.

>> aye. >> commissioner. >> aye. >> commissioner. >> aye. >> thank you commissioners. this item is continued to december 13. mr. president before i call the next item we have a unique situation. we have a number of elder leer people outside that need to be accommodated with seats. >> >> i understand a number of people are leaving but because i am trying not to have them walk over people those of you that don't need accommodation i am going to ask that you move towards the wall with the monitors so we can accommodate the people that need seats closer to the door, and once the people have moved those that are bringing the elderly can move into the vacant seats. >> linda, we're going to take a short break while this transition happens. >> ten minutes. the commission is taking a ten minute

this benefits students to get interested into something else instead of getting into trouble. they find something they like to do and they might not have known that they liked. i am glad that we have this relationship between act and my school now

and i want to thank the whole act crew for collaborating with our school and without them our class wouldn't be possible and i strongly urge the commission to support this project. thank you. >> thank you. [applause] >> hi i am rusty roof and the president of the board of trustees of act and i come on behalf of our board and other trustees and 100% endorsement of our board to this project. for as long as i of on the project and before it's been the goal to secure a second stage and for our outreach programs and educational programs and also for smaller innovative productions that lend themselves to our large theater on geary.

little did we know that a property like the strand can be ours and it's in a location that allows act to be a liter in the changing face of central market. we look forward to the day that our current and new audience will attend the the renovated strand theater and to bring education and great theater to our city. i ask the commission to support this project and look forward to you being there on opening night in 2014. thank you. >> thank you>> good afternoon. i am brad and work with the nonprofit organization serving 350 dance companies and theaters in san

francisco and nearly 3,000 artists and i am thrilled to see this project of act moving forward and embodied the vision that we have and the mayor office had and so many seeing the development in mid-market but i believe there were concerns raised about that development pushing out artists and groups and nonprofits and this is an incredible opportunity for us to save and restore a historic landmark and make sure that the arts and the nonprofits have a place in the new midmarket. we heard moving stories from the students that act is working out and many of us haven't known and we are familiar with the geary stage

but maybe not these stories. i am excited how this project will allow act to reach out more and provide great art to the residents and visitors to the bay area and many other art groups as well. many of you don't know at the costume shop we are giving that space away to nonprofits and i know she would like to do it at at strand and make it available to other nonprofits at a affordable rate and everyone will have the opportunity to use this space. i urge you to back this project. thank you. >> thank you. >> mr. president before the next speaker comes up as you can see we're having some technical difficulties with our video broadcast and just be patient with us. it will come back on but