that. it will comply with the state and local and regional compliance. it has a permit through the bay area air quality management district. the backup is a an older model. the diesel fuel it will burn is up to date. the noise does not exceed the noise level. they are conducting a noise analysis for this building and the equipment will be altered to ensure compliance and as mentioned in approval 111. a neighbor also brought to the attention that it maybe necessary to register. this

requirement does not apply to the generator on the subject property. they have no objection of adding a new condition of approval that would read, "the project shall comply with all requirements of the san francisco health code". additionally they would have to provide a contact in the event the department receives any inquiry or complaint from the neighborhood. however several neighbors did express concerns about the specific aspects of the project that were related to the project backup generator. this is from the previous operators of the building. one neighbor clarified that they are opposed to the project. they met with

the group of concerned neighbors on july 1st. within the hours, they received two e-mails of opposition. one from a resident living approximately 4 blocks of way and one e-mail in opposition from a resident who didn't identify their address. the primary concern is from the noise of the generator. in order for the proposed internet exchange to be approved, it requires to be allowed for zoning. it does not allow for other uses like retail or residential. the existing back up generator had a current permit with the bay area quality management district. the project will be required to meet the san francisco noise ordinance and

the project is consistent with the planning code and the general plan over all. that concludes my presentation. i'm available for any questions you may have. >> thank you. project sponsor, please. >> good afternoon, president fong, directors of the commission and zoning administrator scott sanchez. we are working directly with the owner of the property and helping out with the project sponsor who will be taking over and running this internet facility. i thought it was a little bit of an unusual route we got here. in 2000 this facility was open with m 1 zoning. i think that it didn't

require conditional use. it was a permitted use in 2000. those that were here will recall that was the dot com era and much larger farms and data centers and service providers whatever you want to call them were proposed for the bay view hunters area. they got involved which passed legislation and created a designation for these facilities which became internet service changes and this was the first time it appeared on the code and she also contained additional requirements to make sure they were clean and safe and as quiet as can be. meanwhile, our facility was continuing to

operate throughout that time and then most of you are well familiar with, the zoning change and it became umu and the internet would not be permitted. we had a program of legitization and presented it to the zoning administrator last october. the staff reviewed it and found it to be in order. it's important to note that that process includes a 300-foot radius to all neighbors an option to appeal and no one did so the

ledgization followed through. that's what brings us here today. the we didn't know really that there was going to be a lot of opposition. i'm not sure that there is a lot but we did get a bunch of e-mails this morning most having to do with air quality and backup generators. those are just that, back up generators. as i understand it the city and county rules for backup generate ors are allowed to be used for 20 minutes. we plan to use them for a couple

minutes a month to make sure they work. i don't think it's a big issue, but you should beware of the amount of time and the limited amount of time those generators can be used. matt navk is the owner of this team and i would like them to address you what they do and who they are. thanks. >> good afternoon, commissioners, thank you for taking the time. i am matt no. vac. i think the main things that we want to highlight is that we are san francisco based business. that we are focused

on data center operation in urban areas. we feel there is a need for that throughout the state in the country as many of the data centers are put away from business operations that require a lot of travel. this is a reuse of an existing building, we think it's very green development. as opposed to demolition and construction of a project that could be up to 5 stories. we are reusing the building as only 2 stories so it will have minimal impact. we are planning to freshen up the existing facade as well as the screen, mechanical equipment since that seems to be a concern of the residents in the pasted and the proximity to downtown san francisco is very important because there are the employees that will be coming here will most likely be from san francisco based businesses. in fact we have two or three here today that will

speak to that need for this type of facility in the city of san francisco so they won't to have travel outside of the city to manage their equipment and we think they will get there locally through walking, biking, transit because that's the focus of their business. we met with the neighbors a few weeks ago on the first. listening to a lot of their comments. seems like they were the result of poor management of the past operator. we heard a comment that the generator ran for 18 hours at one point. we intend to be good neighbors and have a point in contact if there are any issues. our permit only allows 20 hours through the course of the year. we also plan on retrofitting the mechanical equipment on the roof or replacing it. we had construction looking at it and

remounted it which may have caused unnecessary vibration, we are working to mitigate that as well. we are willing to comply with every ordinance with regards to this process. thank you. >> okay. if no further, we'll open up to public comment. do we have any speaker cards? okay. let me call these names. i have a feeling that they are you. dorsi den lee, darius contractor, ming a. >> i want to introduce miss nelly to you. she's lived in this utah street since her mother and grandfather.

>> my family has been there since 1905. we were all raised and born there. i'm concerned about the noise. i know they said that they went over a lot of things that i was concerned about. the last company was there said the same thing. i had a at n at the tenant that went to all of these meetings for me and they took a long time to comply with the slope that was come out of the generators and the noise and pollution. this goes way back. i have a letter from my tenant back in 2003 that happened. 1 day the smoke was for 20 minutes. i don't know these new companies, but i hope they stay by what they are telling us today because my tenants were very upset about that. i don't live there. but i know what they mean. for my tenants i hope they don't have the noise more. we were told point 5

decibels. i concerned for my tenants. i hope these people comply because the other company took a long time to comply. so i hope they are true to what they are telling us today. i thank you. >> thank you. all right. thanks to those who are hearing us today. my name is dean den lee. i'm the son of miss donely. i live in my great grand father's house which is not directly

behind this building but off one building. the comments that my mom made about the smoke and the noise are relevant to me because i live in the house and i heard them all the time. the previous company was there. it was a lot of lip service saying they were going to build a sound wall and reroute the exhaust for the generator and nothing ever happened. when they finally moved out. it was a great relief to all the neighbors around this building because it finally got quiet. even though we are between portrero avenue, it's very quiet behind my house. the other thing i wanted to bring up is to keep this new company coming in, in check. like i said before, they did a lot of

lip service. like some of their drawings here, it says their lot size is 30 by 100 and you can see here that it's 40 and a 3rd. there is a lot of loose ends that need to be wrapped up. this one is another one here, this one it says proposed floor, no changes. we were in the building when we m it with them and the bathrooms are, there is no bathrooms. that's where the generator is. there is a bunch of walls and different compartments. we are just concerned that they are not living up to their, what they are telling us. the other gentleman already addressed about the 2-car parking which is right there is a big giant transformer there. this is the drawing for what is on that

building. it's packed full of a lot of stuff. and as far as the generator, i don't see why, even though they say the use of fuel burns cleaner, why can't they make it propane or biodiesel or at least put in a new exhaust system that can live up to the standards of the air quality. thank you very much. >> thank you. next speaker, please? >> hello. i'm dean's neighbor and live directly behind the building in question. i have lived here for the last 10 years. my father and mother bought that house together in 1975. the building of course has this generator that

routinely belts toxic black smoke in my yard in the past and creates harmful fumes from air-conditioning unit. it worries me because this is outside the eastern neighborhood plan. the history of the permits at the initial use seems unclear and it's not clear to me those were fully inspected. i was surprised to see this use as compared to kinkos. the not a kinkos. this is an electrical substation with thousands of servers and has transformer generate or and over a thousand gallons of fuel. for me this is my home. as a homeowner who plans to start a family in my dwelling,

an industrial facility with a 400-kilowatt generator to operate in my back beyond yard. thank you for your time. >> my name is michael hrynko. i live at portrero avenue. we own our home. we have separate loans. we are repeatedly treated by the planning department as if and i have in old from mr. teeg, it went to owners, not occupants. so when mr. silver man says that there were no complaints because no one was paying attention. that's why the posting of the sign is very important.

further, i objected to scott sanchez having say, hey, what's going on. what is this about. please do not sign that letter. on a monday. i meet with the neighbors on wednesday, on friday, the letter is signed, you were sent the letter. i was never sent the letter. whereas i go to the planning department to read the case files. i'm the one who disseminates the information to everyone in the neighborhood. i know what's going on. this is what i found. rca was a cable company. they laid most of the fiber optic for the city of san francisco. the owner spent a million dollars and therefore has land use entitlement under case law.

with regards to an internet services exchange, the initial, it goes back further than what mr. max well says it went into code. he said it was into code in 2002, it was provisional up to 2001. it was written into this code all about the significant of ill effects of the generators which somehow got lost in modern day planning code. it specifically says it was a utility. it was not an internet services change or other permitted device. this is from current planning code. letization of uses in neighborhoods. the very intent is to allow particularly office and housing the benefit to

transition, not for a use that never finalized their old permits, not one prior to 2010 was finalized. that place is wired crazy. i previously wrote you a letter about ceqa and here i have this, i don't know if i should put it down or not. it's not compliant. can i continue? >> briefly. that's your 2 minutes there. >> you did a great job. if you want to leave all that information for us to pass around. >> here is all the toxins that this generated permit. >> thank you, sir. >> thank you. we have some other speakers. maybe we'll have questions for you. >> i don't really need much longer after today. mr. sanchez. >> we can't have dialogue.

thank you very much. >> chris charles? i'm paul larson with black lotus. i guess my unique spin on this is i operated an internet exchange on mission street from 94-2008. it called telehub base. in 14 years we never had a single complaint. the applicant was a tenant of mine. i think there are ways to mitigate the sound

generate or use. we never used ours except for the test. it's a management issue. i think the mitigations that i have heard in the recommendation for staff will work and appreciate your support. >> thank you, next speaker, please. >> good afternoon, president fong, planning commission. my name is -- i'm the founder which started here back in 1994. as the internet and broadband industry evolved, the data center community and internet exchange communicated became consolidated under the management of real estate investment trust. some of which spun out these operations that are public facilities now. they are different than the facility that is being proposed on

portrero avenue. i want to assure the families that there aren't going to be thousands of loaders into this facility because the square footage doesn't allow for that. the generator is for the use of a major power outage in the facility. it's different now than it was in 2003 when the industry was still growing. but today's technology substantially different #57bd there is a real need for a facility to cater to small sized facilities and basically can be part of these major p and l's that these investments have to cover the investments that they have made in these major facilities. the interest for having the choice for the

business operators, i will like to ask the planning commission to authorize the facility. i'm sure the families will find these times different and they won't have those similar experiences. thank you for your time. >> good afternoon, president fong and commissioners. i'm charles, president of eminent. i'm a native of san francisco for over 18 years. i'm speaking from a small business point of view. i think we all realize how much has changed over the west porter area. the whole design center surrounding all the small business and design company around them, they all need something that is more convenient close to them so they can do services at the current level because nobody can afford down time these

days. there is a lot of test environments that are looking for a place for them to be able to start up the server and testing something for the local developers instead of going somewhere even much further. i want to point that out and i think it would be great for all of us to have a small data center. it only like 10,000 square feet. thank you very much. >> thank you. any additional speakers on this item? okay. seeing none public comment is closed commissioner antonini? >> thank you. if i can ask staff some questions in regards to this facility. mr. teeg, now, excuse my ignorance in terms of digital matters. i

assume this is a place where data is backed up and stored from computers of the subscribers who use this. is this what it is? >> i think generally speaking if you want to get into more detail the project sponsor would be better to answer that question. >> am i correct about that? >> yes. >> so, yeah, this would seem to be a very pressing need because everything almost everything is going online and a lot of people are eliminating a lot of their hard copies, not me, but a lot of them are so. they are basically stuck with what's in their computer and if they lose their data, they lose their entire base. these are going to have to be somewhere and my understanding there is only two others in san francisco. so, is that correct, or not? >> i'm not sure if those are the only two, if there are

other ones, there are many. >> the other question would be if there is an advantage to being closer to the site of the people who use this facility. those customers? >> my understanding and if you like the sponsor could elaborate, but this facility will market two smaller businesses who will have more of the need to come in and work and customize what they are doing with their data and assistance there. so the proximity is helpful. i think one or two of the speakers kind of spoke to that as well. but if you want additional information on the real details of how it operates and benefits close to the proximity, i think the project sponsor could elaborate on that. >> i would like more information. if i can ask the project sponsor about the

operation itself. >> a point was made in the correspondence that we received that there is a competitiveness of course like in any other business, some of the larger servers, i fe, are probably a lot more expensive for smaller customers. is that a fact? >> correct. good afternoon, my name is arm on. a native of san francisco for the past 45 years. i have employed over 200 people. my previous company was a data operator where the entire city of san francisco was the data center and was and continues to be in my facility. this is a smaller facility,

taylored cost wise taylored to small internet business company in san francisco. it would be more affordable than those of a larger facility. it's a total of 10,000 square feet. it's not thousands of users, it's like hundreds of servers. >> because you had experience with paul. one of the issues that speakers brought up about the back up diesel system but we have restrictions on how often. how often did you have to use your back up because you must have had service from pg & e too? >> yes. it was a cable for outages due to pole damages which actually transpired a couple of times. this facility

has an underground cable and fed by a very close substation that feeds the entire san francisco munis power grid. >> they should have a lot of power. >> this is a good facility from a power reliable perspective. >> thank you, that answers a lot of my questions. and having gone through a facility or a residents that have overhead wiring and new house for the last thirty 30 years has been under grounds and we've had two out acknowledges in 30 years and not many because you are not susceptible to weather conditions. it seems to me the back up use of the generators would be very limited. maybe the sponsors can say what you are making to make it more environmentally acceptable in the case that it does have to