and parolees in the shelter. and existing businesses will be driven out by these homeless people. already there are homeless loitering in the streets. cross the street is ever good sausage. they have been there for years and they are moving their business to the east side because of this. this is incompatible with neighborhood residents. people are peeing in line because they are afraid to lose their place. this is an industrial housing area. the veterans and social surroundings are not in the warehouse. we have asked the

city several times where this is. we already provide housing in the bay view for homeless people. we are compassionate and caring, but the last thing this shelter is very close to a problematic liquor store. if you look at the overhead, a 1 block area around the liquor there is almost 108 calls for police with problems. mother browns had 79. >> now your time is up. >> thank you. next speaker,

please. >> commissioner, 428 portrero, i requested a continuance based on the sunshine ordinance request. i haven't gotten anything. i humbly request that you grant the request until the sunshine ordinance has had the opportunity to hear the case to separate the two issues. >> can it be discussed today, that was my question because i previously asked for a discussion on it. >> it can't be discussed. it's not on calendar. >> okay. thank you. >> thank you. >> next speaker, please. we arrived at church on

sunday morning and sitting outside in the alley.. outside the erected gate outside the door. there were two men with guns on their hips and dressed in uniforms. their armored vehicle was parked. today was sunday, not dare to enter we ask. may we join you for service today. no. we breathe, we relax and try to enjoy our silent outdoor service. the police must have called the ambulance. when they arrived they put on latex gloves. this is our church and this is dan's community center. we wonder how

long this has been dan's community center. for a third of his life, for all of it? for all of it plus some. what year are we in any way. this year the church turns 100. we wonder what will happen to dan. we haven't seen him since the incident. will he be put in jail or put back in the community center soon or will he be incarcerated for the rest of his life. we arrived at church on monday morning the next day, we noticed the scuffeling of milk crates. there is a police car parked or 476, or 474, we dare not to venture that far. there is a

woman as to communicate to each other the dangers of our municipality or the danger of our children. >> thank you. next speaker, please? linda chapman from knob hill neighbors. we are in the process of planning the community in what it is community organization for when one or two former supervisors will be speaking on that on the fact that neighborhood groups do not negotiate with developers in order to support a project and neighborhood groups do not take money from developers. we'll speak on the

interest if there is a group that takes money from developers. the land use has had discussions about this recently with connection with the knob hill project. someone came from the mayor's office on the economic and work development on unrelated issues at the end of the impact on traffic. he said we just haven't figured out what the community benefits will be. we have to think what the community benefits are before this project. i went, oh. i thought the community benefits was what the project itself could bring and mitigation with regard to ceqa impacts and so on and sometimes that might involve money. i recommended myself with regard to the impact on the van ness plan from cpmc that since it was

eliminating housing that would otherwise be built then to give money to cdc to affordable housing. there was a connection to that. from where we will be hearing from an architecturaly significant church, the alternative of having many housing there and the density and the facility and open space and the developer will give $60,000 to other groups unrelated until we can figure it out. that was up again in the land use committee and the masonic, there were about 12 people and they all burst into laughter when they heard this. $60,000. like this is the cheap

date. at the masonic without the knowledge of any of the neighbors or nob hill association people. which none of the people in knob hill association know about and ceremony was not agreed to buy the officers who used to be down here and a personal on every ticket which the cs event and sf t said this is a conflict with the neighbors. >> thank you. >> good afternoon, lorraine, improvement association. i was surprised that any neighborhood organization would take any money from a project sponsor because we have to maintain our neutrality. i think the commission should look on suspicion whether hi

neighborhood association is taking any money and i would add that neighborhoods have improvement in our organization. we look at each project that will benefit the neighborhood and city. thank you. >> any further general public comment? >> seeing none, public comment is closed. >> commissioners we can move to the regular calendar. item 3 was pulled off for consent. we can take that matter at this time. item 20130822 c. please please note that on february, they continued the matter to april 11th for independent sound engineers along with the entertainment sound engineer to determine the level of noise.

please note that on june 26th, the commission adopted a vote by 10-0. it's on your calendar today to approve by staff. >> good afternoon, vice-president wu, and staff. the proposal is to add a restaurant an allowing business. it's a 2 story building. within the last week the department received eight individual e-mails in support of the project. i have copies available upon request. the problg -- project was heard on august 16th. at the june 6th hearing the commission adopted to approve this project. this

concludes staff's presentation. i'm happy to answer any questions. >> thank you. project sponsor? >> vice-president wu. commissioners, i'm here representing the lounge. you heard this on three separate occasions. but i was brought into to assist them with their entertainment and sound issues. i'm an expert in this field. i represent approximately 25 entertainment venues in san francisco including the grand, slims nightclub and great american music hall. i this i the problem is fixable. i think the neighbors will and must get together eventually. they

already have an entertainment license although limited. i'm asking you to take one last look at this particular venue. i ask this because i truly believe that we have a unique and culturally diverse and really a wonderful entertainment venue. the place is beautiful. at least half of this commission has been on the premises and i think they will agree with me that it is a great place. i think the project is necessary and desirable as it's individually owned and it serving the public, serving a diverse public in the neighborhood. therefore this is very important. i would like to address the three citations. we are here today because there were three citations and the commission is concerned that thises not going to be an

operator who would respect the neighborhood. these complaints are serious, they are regrettable, and they will not happen again. no matter what happens here today, my client gets it and is fully committed to being a good neighbor and always fully compliant with san francisco in the entertainment law and abc act. sundance is a beautiful and classy theatre and a civic treasure. their representative have beat on my clients about these citations, but if you go back to the august hearing, the vice-president of marketing admitted before you that they had an entertainment venue, talked to miss kane. they have been a hundred times in violation with no entertainment license. the city loves diversity, but we have a real

diverse group here and i would ask that we look at this, help these people out. the city, i look back. i haven't seen anybody quite as diverse as this since club 6 went down. please take a second look at this. thank you. let's open it up for public comment. i have speaker cards. if i called your name, you can lineup on the side of the room. thank you. >> if your name has been called, you can approach the podium. good afternoon, commissioners. my name is jordan cohen. i'm the director

of the foundation, it's a 501 c 3 in large scale art in city of san francisco. this is the first time i know this grass roots has been affected by the theatre. this is a place that had contributed to march of dimes and leukemia and multiple groups. people come from stockton and san jose to see these groups. fashion shows, drag shows, comedy, jazz, family students, polynesians and the gay community feel very welcome. it's a free stage. performers can charge cover and take it all. what this is is

artistic benefit and utility. in sundance doesn't want to compete with pain a. it a phenomenal setting, delicious food and contemporary and warm. performers who can't perform a yoshis do perform. according to my research, it was just pointed out that sundance had live entertainment for a year 1/2 without an entertainment license. paina has gotten one. so paina has operated for 1 hour and sundance for hundreds. i was there last night. if you can look down here, this is

what was going on last night. this phone call that has been installed throughout the entire sealing and the wall behind the audience. the event last night had 50 easels set up with blank canvasses. paina happily gave the space for free and the artist instructor took home 100 percent of what each student paid to learn that evening. it was a great venue. this you for your time. >> thank you. >> hi. my name is beth crumb a. i'm a college student. paina is a great place for everyone whether they are black, white,

gay. college students or kids and working professionals can enjoy. everyone that comes to paina feels safe and relaxed. it's a great place for diversity and acceptance. thank you. >> good afternoon, my name is ruby, i'm a parent and special need local worker. i meet there regularly and i do notice many students, all special needs come because they are ada accessible. it's a great place. i wholeheartedly support them, thank you. >> thank you. let me call a couple more names. amy newman, >> good afternoon, my name is joanna tan. i'm the manager at paina restaurant. i want to say

that paina has given me the opportunity as a graduate to come from culinary school to work. what i want to bring to your attention is that during these complaints, we were willing to comply. because of the complaints they were getting from their customers, if they let us know that we were more than willing to work with them on that issue, but rather than working with us, rather than talking to us and letting us know about these issues, they went to court about it. they brought up these issues and started using slanderous comments. just a lot of things that shouldn't have been brought up in the first place. it should have been an issue between two neighbors and

letting us know and working through it. apparently that's not what happened and i wanted to bring up the fact that the bad thing they are saying we are doing. every place has those things. if you look passed that and look at the good things we have, the non-profit organizations we do, the fund-raisers, the performers that we help achieve their dreams, it's one thing balance over somethingel. you have to look passed those things to see the good. thank you. >> thank you. >> my name is anna rodriguez and i'm here to support paina. i have been in the city for 40 something years an as we know with the recession a lot of things are closing and one thing we really need is

something that is open to people of all ages without a coverage charge and paina does that. there is so much competition also. the last thing we want is for these places to close. theatres are closing mostly because there are vcr's. we just need other entertainment. i think music is very up lifting instead of these neglect ative movies and fighting on the streets. where kids can go where they can communicate with each other, they will have a much more up lifted spirit. this is a very positive thing for the community very much needed now. it will enhance their lives.

while this is also right next to and around the upper class, the kids can't go to those places as much. and also, i'm the co-facilitator of a support group for medically disabled people and we need a place to meet too and to socialize and it's very hard to get places if you don't have the money to cover for meeting places and since paina is open to all groups, it's very very important that it stays open. i think it a political thing, it's competition with theatres because the money they have and the power of their voice and they are going to just want to close them out which is not fair at all. i hate to say it but i think it's racial too. it's very important that there be more variety in the area. there is too much down sizing again because of the economy

and they did what was requested of them for this sound proofing and so what's the problem? they just, they are special because they are open and free and they reach all people of all income. so. please reconsider and allow them to stay. thank you very much. >> thank you. next speaker, please. >> i'm a retired parent, teacher. i moved to san francisco because my son is here. my mother is in the audience. she had four heart attacks. i wanted to say that this is a wonderful place. i'm just learning that paina provides all of the above. i

would encourage the opening of paina and as a small business they would be able to contribute, their willingness, their big heartiness towards all of that. the other thing, my mother is in the audience, she can not speak for all with people with disabilities. i'm a classical musician and i wanted to bring the opera and symphony people. they are from my community and they are more than welcome to have us perform them as well. i'm there is mother of children in their 30s. they love the wholesome place. i'm also attracting people as a member of the community for people to hang out. i have a wonderful time there to eat before i go to the movies. it's a wonderful place and i think sundance is attracting a lot of business

from that too. i'm a great supporter of paina and want to see them viable and a contribution to japan town. >> thank you. >> thank you. honorable commission ers, i'm martin simon and here on behalf of sundance cinema which you know is a neighbor to this project. this commission has held numerous hearings on this application. i believe this is the 5th or 6th hearing. the commission has already heard from different parties on this project. the last application, it was denied. we were here on the original calendar for the final determination on the denial motion. the condition to deny this application is a

correct one. the reason set forth in the staff report are compelling. this proposal for a loud late night nightclub use is entirely inconsistent with japan town and with it's on going revitalization efforts. the commission has heard from the leadership of the japan town community who have come out strongly against this proposal. i'm sorry to report contrary to some of the representation that you have heard today that the problems with paina, interfering with it's neighbors are continuing. even since the last hearing on this matter where you voted to deny this application, there was another incident. on july 4th, paina closed to the public and allowed a late night event

all the way up to midnight. the police department and the entertainment commission had to be involved again. this nightclub use is not compatible use for japan town. the loud late night disturbances and dangers and the existing businesses and survival of businesses including sundance. the japan town leadership is against this and your honors have received complaints in the last week. i ask you to please affirm your decision to deny this application. >> thank you. any further comment? please come forward. hi. i'm the owner. i'm 25 years old. i look at all the

entertainment that happens at paina. we are not a nightclub. we are a restaurant and lounge. nothing loud, nothing crazy. if you go back on march 21st, we had a violation. that was my 25th birthday party. we did go over a half hour. we apologize for that. the reason why we went over, they were singing happy birthday to three people. we were not trying to be a disruptive neighbor. we are trying to work with everyday. i just hope that we can get our license even just for the weekend, just so that people can have a good time throughout the night without ended at 10:00 and everyone going home and from 10-1 on friday and saturday, it's dead. if we get our license, people can hang

out at at all ages. hopefully you can't grant us our license. thank you. >> thank you. commissioners, good afternoon. i'm bob yam gucci with the task force. i have not heard anything new. you have heard several deliberations and a lot of facts and i want to step up here to say that japan town task force continues to urge that you deny this application. thank you. >> thank you. >> any further public comment? seeing none, public comment is closed. >> commissioner moore? >> for those members of the public who spoke in support of paina today. i think we appreciate that there is support all the way through,

however, today's agenda item is not to reopen the case and hear the pros an cons but to move hard on what this commission has come up with. there has been almost a year with repeated attempts to come to agreements but it just did not come together. i have to assume with technical advice from acoustical consultants and building experts that this particular situation cannot be fixed in a manner that would indeed allow us to expand the operation with the type of application that is in front of us. i am very clear and determined to move what we decided last time forward and i make a motion to disapprove. >> thank