there was some soundproofing done and there is still complaints. that's the real frustrating situation. but, at the end of the day, buildings that aren't designed from the ground floor up, taking into consideration the room analysis test and buildings that were converted into something else, often times are flawed and that's unfortunate. we have seen it not just with this building but other buildings and other recent case where permits were denied or permits were not issued based on adverse impact where sound goes in communities where people live. that's the issue on this. >> thank you. any other public comment? >> seeing none, mr. perkins we'll start with your rebuttal

now. >> first i just want to point out that brick and mortar over the last month has done four layers of sheet rock on the entire sealing of the venue and we know that this is a process and we appreciate that we know that our neighbors realizes this is a process and we are not going to stop until it's completely soundproofed. we never ever once denied that it was going to be our goal is to absolutely soundproof the entire venue. however, the very fact of the matter is that the entertainment commission and their inspector violated city law and ignored when we protested. we were handed a sound test. if this sound test was so important , why did they

not complete them. there is not a sound engineer in the world that says this is a sound test. we had our own sound test and we've asked for the entertainment commission to do that. we have also asked the city to conform, when we said what are we being fined for an we are handed citations that don't have times. even in their own report , we are told that we did not pay for two sound citations that were a hundred percent blank. i think at some point, well, i think certain members of the entertainment commission are working hard to make sure this city that we live up to our rules we are asking for the same from the entertainment commission. live up to your own rules that you public. that is all we are asking. we have not been given

a fair chance on this, a fair shot. we will work everyday with our neighbors to make sure that there are no more sound complaints. for the first time as an owner of a business, i don't know what i'm paying for. i find it hard in a political process that this is considered okay. i want to say thank you for your time and thank you for my neighbors time for spending three 1/2 hours to get a chance to talk. thank you. >> i have a question. could you explain to me the purpose of the brick and mortar petition in the neighborhood? >> we found out about the hearing five days before. i found it -- one of our neighbors informed me that they are going to be holding an actionable hearing. which was not told to me. i had to call them twice and e-mail them

twice. if you look in my package you can see where they respond. i don't see yeah, you do have a hearing. we made a petition so we can meet with 30 different neighbors. we talked about the issues. did we try to raise the temperature by getting people there? to be honest i was concerned there was a commission hearing that was discussed with my neighbors and i wasn't informed that it was going to be held . did i panic? i absolutely did. >> i have several questions. so why didn't you, several of the neighbors that were here said they came to you and expressed their concerns initially and reading through the briefs they

were met with a stonewall and that's being nice actually. >> i would say we are on our fifth round of sound proofing. anyone involved with sound, it's not like a leak. >> the question was -- >> the point of the matter is that we were never stonewalling we were always working on soundproofing. we have behind the venues, we have a very formal restaurant on one side. we have a person who shares our back wall with her mother and where her child lives. she told me she didn't think we were operating anymore. are we working on it, obviously. we have not stone walled anyone. we have worked on this since it started. >> you say you performed sound

test? >> correct. >> the work that you are doing for sound proofing, who is helping with you that sound proofing work? >> first we started with a crew from avid who do sound testing and then we went to west coast sound solutions and even then when i was telling them we have to do this now and i was even chastised if i really wanted to do this, i would do this over night. when i told this to west coast sound, they started laughing. this is a big building, this is a process. we have to do around construction and we have to test where the leaks are and we have to find out where the neighbors where the low and high end is. we have been doing test in the neighbors houses.

>> have you got paperwork of these sound test. single family >> i have it in my brief. >> was the work applied to do the work? >> there was no permit required for soundboard. >> looking at the different petitions which i gather that you are satisfied with paying the citations. what is the issue with the other ones? >> i was paying for citations that i didn't even know that we had. >> you have no particular objection to the position laid on you? >> the overall objection i have already safe -- satisfied that

we have not addressed the sound issue. we always had a phone line. i have no idea where that came from. >> okay. thank you. >> i have to say that we aren encouraged that this is going in such a positive direction and it sounds like the strides that mr. perkins has made in the last month is what the entertainment commission was hoping for in the last two years. we did get a check along with a letter today from mr. perkins. i have copies. >> what's the date? >> it was, we received it today. >> what is the letter say? >> basically it's a payment for

the citations for the last two years and talking about each condition and how they are satisfying it. it does have a security plan in there. it does mention that he has the cellphone numbers for neighbors to call if there is a problem and it says they are still concerned with 1 and 2 because that would be satisfied in the appeals process tonight. >> okay. i would like a copy. >> but we do hope that this conversation that mr. perkins and brick and mortar continues. we don't want to lose another business. we hope it's a place where they can have live music and not bother their neighbors. i hope that the conditions that the entertainment commission put on the permit are not unreasonable and until they get

the soundproofing that work that these conditions should remain in effect. i ask that you uphold the conditions that were acted on. >> there has been a lot of green material here regarding the inspector and evidently the relationship with the permit holders. so at this point, going forward, is there a different inspector? >> the entertainment commission did hire a second inspector and i believe he's already made a visit to brick and mortar. that's been taken care of. >> i'm sorry, quick question, the limits on the operation of hours. how standard are those hours? >> that's pretty standard, normally the shows begin around 8:00 or 9:00. for a band to

play for 5 hours, that's putting it out there. >> for other venues? >> many venues around the city are restricted to 11:30 at night. >> i have a question, the appellant has in both opening statement as well as rebuttal commented that he's uncertain as to what he's paying penalties on. >> he was given a list through his council several times. >> the list and supporting documents >> they are also in the brief. >> i would agree there are some legibility issues. >> it's because they are done on carbon. >> could he have a more legible version. i think that

would be helpful. and then there was one that was not even filled out, i think. it just has a citation number on it. >> i'm not the inspector so i can't really vouch for that one. i know in our brief and when it was requested by the appellant's attorney that they were given the reason for those citations. >> i might be mist stating it. it might be just so light. that's the one. i think that's a legitimate complaint that i have heard. >> we can ask our inspectors to write harder. >> well, i don't know if this is the first time you have heard this complaint. >> i believe it's the first time that we've heard that complaint. it's my understand that go we have not had complaints before the citations

were illegible from other venues. >> i'm talking about this particular one. >> yes. we ready -- read it in his brief. >> at the time you had the opportunity to respond, it includes what i can't even read. >> i don't think it was brought up at the hearing. the original hearing date was may 7th, it was continued to may 21st in actuality in the five days that he says he found out about the hearing, he also had an additional two weeks. i don't recall that being an issue. >> okay. got it. >> i don't have anything. >> that raises a question. if the permit holders permit is up for hearing, wouldn't he be notified of the hearing? >> he was notified.

>> how much time. >> the director did tell me she did send a letter and i'm not sure why they didn't get it. >> is there a standard notice period? >> we set the agenda and we know about two weeks before the time what's coming up and we get the related agencies to make sure they are available. we would send it then. >> okay. all right. thank you. >> commissioners, the matter is yours. >> any comments? >> i appreciate everyone

staying here late. this is what we do which is our commitment to this board. when the public comes out and sticks around, i appreciate that. from what i have heard i don't feel there is sufficient evidence to substantiate all of this, i feel the conflict is not supported tonight. so that doesn't cause me any alarm or concern in terms of what the entertainment commission has done and the conditions applied to the permit. i don't have any concerns with upholding the commission's position here and i'm denying the appeal. >> you have a motion. if no further comments i would move to deny the appeal and uphold

the commissions conditions on the permits on the basis of evidence submitted and the record. >> so we have a motion from the president to uphold the imposition of these additional conditions on this permit and that's on the basis of the evidence submitted and the record below. on that motion, commissioner fung, aye, hurtado is absence , lazarus, the conditions is upheld. >> we have no further business tonight. this meeting is adjourned.

[gavel] >> like to welcome everyone to san francisco's planning commission regular hearing for [inaudible]. [inaudible]. >> commissioner antonini? >> present. >> commissioner borden? >> here. >> commissioner hillis? >> here. >> commissioner moore? >> here. >> and commissioner sugaya? >> here. >> commissioner fong is expected to join us late. first up, commissioners, are items proposed for continuance. items 1a and b for case nos.

2011.0430e and x - 480 potrero avenue, appeal of a preliminary mitigated negative declaration and request for large project authorization are proposed for continuance to july 18, 2013. i have no other items proposed for continuance and i have no speaker cards. >> is there any public comment on items proposed for continuance? seeing none, public comment is closed. commissioner antonini. >> move to continue items 1a and 1b to july 18th. >> second. >> commissioner borden. >> i'm confused. i thought this was the one that we continued last week to the 11th. >> right. >> oh, i see. thanks for clarifying. thank you. on that motion to continue

items 1a and b, commissioner antonini? >> aye. >> commissioner borden? >> aye. >> commissioner hillis? >> aye. >> commissioner moore? >> aye. >> commissioner sugaya? >> aye. >> commissioner wu? >> aye. >> so moved, commissioners. that motion passes unanimously 6 po 0 and places you under your consent calendar. all matters listed here under constitute a consent calendar are considered to be routine by the planning commission and will be acted upon by a single roll call vote of the commission. there will be no separate discussion of these items unless a member of the commission, the public, or staff so requests in which ebit the matter shall be removed from the consent calendar and considered as a separate item at this or in future hearings. there are two items under your consent calendar, commissioners, items 2 and 3, case nos. case no. 2012.0391d for 524 vienna street, request for conditional use authorization. and 2012.0603c - 1881 post street, request for conditional use authorization. i have no speaker cards. >> is there any public comment

for items on the consent calendar? seeing none, public comment is closed. commissioner borden. >> i move to approve items 2 and 3 on the consent calendar. >> second. >> on that motion to approve items 2 and 3, commissioner antonini? >> aye. >> commissioner borden? >> aye. >> commissioner hillis? >> aye. >> commissioner moore? >> aye. >> commissioner sugaya? >> aye. >> and commission chair wu? >> so moved, commissioners, that motion passes unanimously 6 to 0 and places you under commission matters, item 4, consideration of adoption minutes for june 6, 2013. >> any public comment on the draft minutes? seeing none, public comment is closed. commissioner borden. >> move to approve draft minutes from june 6. >> second. >> on that motion to approve draft minutes for june 6, 2013, commissioner antonini? >> aye. >> commissioner borden? >> aye. >> commissioner hillis? >> aye. >> commissioner moore? >> aye. >> commissioner sugaya? >> aye. >> and commission chair wu?

>> aye. >> so moved, commissioners, that motion passes unanimously 6 to 0 and places you under item 5, consideration of adoption, an amended 2013 planning commission hearing schedule. commissioners, this comes before you because as it turns out, next week there are no items on calendar. and also maybe more significantly for you to consider september 5th and december 5th. september 5th turns out to be rash ha shana, and december 5th actually ends up being the last day of hanukkah. there was a suggestion ~ that this body consider taking a longer break, extending it summer hiatus in august into that september 5th hearing date which coincides with labor day as well and the day of rash ha shana and to add back december 5th when, generally speaking, there are enough -- large

numbers of breaks between thanksgiving and christmas and new year's to add that hearing back to your calendar. >> thank you. is there any public comment on the proposed hearing schedule? seeing none, public comment is closed. commissioner antonini. >> yeah, given the circumstances, i think this is a good suggestion because we always seem to be busy at the end of the year and our hearings are constricted by the holidays when we're going to be off at least three sessions. so, i think this is a good way of doing it. >> commissioner moore. >> i would agree, and i think it fully reflects we are much more able to balance our thursdays so i'm in full support of it. move to approve. >> second. >> on that motion to adopt the amended 2013 planning commission hearing schedule, commissioner antonini? >> aye. >> commissioner borden? >> aye. >> commissioner hillis? >> aye. >> commissioner moore? >> aye. >> commissioner sugaya? >> aye.

>> and commission chair wu? >> aye. >> so moved, commissioners, that motion passes unanimously 6 to 0 and places you on item 6, commission comments and questions. >> commissioner antonini. >> i'm sure that all of you were saddened to hear of the passing of james gandolfini yesterday, a young age. it sounds like we're probably not going to be seeing a feature film, another feature film sopranos because i know he's had a lot of different actors play superman, but in my opinion there's only one guy who could play tony soprano and he's not with us any more. >> commissioner borden. >> yes, two things. first, i know that you also saw that orchard supply actually filed for bankruptcy [inaudible]. if we had, we could end up with [speaker not understood], but that was an interesting development. also earlier this week i got to attend an economic development

boot camp in fresno put on by the german marshall fund and they had this great firm called street sense. they have been working on retail corridors and actually working with the planning department of washington, d.c. to put together something called vibrant streets which is a tool kit that allows communities and neighborhoods to be active and to how they create a vibrant neighborhood street. and this is really unique because they bring together planning, real estate, stat, and a whole bunch of information and they talked a bit about the trends in retail evolution from the 1950s through '80s or malls where the saying now they're on the decline. they talked about the shift of what they call power center kind of retail which is the big boxes, the home depot and how more of that retail is starting to go online. and that the type of retail that is flourishing is the specialty or commoditieses for the retail which is price and convenience driven and relates

to discretionary spending. they said there is no formula around how much of that specialty or discretionary retail or what is ideal, but that that's kind of the trend. i thought what was also very fascinating is along with that, they found -- they looked at great streets throughout the world, they have a methodology, specific methodology they looked at and they looked at what was kind of the common factors and they of course did not tell us all because they sell this sort of information. but one of the things that was interesting was that less sidewalks is less important, but undergrounding of power lines was more important. it was really interesting when you look at the data kind of what it tells you. ~ the other thing that was fascinating is the shift in american -- the way that we eat, they said 70% of dinner decisions are made after 4:00 p.m. in american households. so, that's the shift for vibrant streets in terms of the

opportunity around a push for more restaurants or things in that space. and what they found in the most vibrant commercial corridors is that the 60 or 65% of food or food-related establishments seem to be what makes the difference and a lot of these more vibrant areas. the other thing that was kind of amazing that i thought it also brought up was all these kind of vibrant commercial corridors, there is at least one non-retail, non-cafe kind of component. something that's cultural and nonprofit, something else that brings life to the city and bring people to the street other than just the retail or eating and drinking experience and having that kind of anchor cultural sort of institution was also critical. so, anyway, i just thought it was really fascinating and if people want to see the tool kit they developed for the district of columbia available for free on the nonprofit called vibrant streets.com, you can find kind of the tool kit and they have a whole list of different stages that you go through.

but it is all about the community being the stakeholders and holding and driving the process of springing the kind of retail mix of the neighborhood. i thought it would be interesting. i don't know there is a way we could ever have anyone from this group come talk to us, but the way they have this insight into the trends and where things are going would really help us, i think, when we think about those spaces. and what they've actually said is they work with a lot of developers who build these projects and the spaces they design are the wrong spaces for retail and they have a whole host of reasons why that is true and it would be interesting kind of to understand that so that we could see be sensitive to the retail. often when we're approving projects, the primary concern is about the actual housing or the up stairs, but we don't think enough about the downstairs. ~ see >> commissioner sugaya. >> there is an article in the paper called third on third and i think in the bayview they're frying to srt