establishment is used as a commissary and the neighborhood district. it's not conforming use of the 1994 planning code section 191. in addition planning for the provision with the the hayes street because those revisions for use at that time. the controls were added in 1987 and required for change of use was added in 2000. as far as issues of consideration the health department has been advised that use of this property. the mobile food truck preparation use must maintain the same hours and * the

limited restaurant use. since the commissary kitchen which is not open to the public and the project sponsor has been adviced to contact the appropriate agency to parking and loading for the food truck in the public right of ways since it's not in the planning department's jurisdiction. to date they have received over 2,000 signatures in support of this project. they have received correspondence from the tenant living above the resident who are opposed to this project. based on the review of the dr requesters application, the building sponsors, which is including

the proposing system under section 186 b 1-7 for limited and non-conforming use. the planning department believes the use is for public use. this concludes my presentation. >> excuse me, those public members standing along the door. i'm going to ask you to find a seat or move to the other side of the room, please. >> okay. up first is the dr requester. you have five minutes.5 minutes. >> thank you. good afternoon,

president fong and commissioners, my name is ryan patterson, attorney for the dr requester. we have some slides to show on the overhead. >> just lay them down. it will start working. >> we often hear how hard it is to open a business in san francisco. that maybe the case. but in this case, this is a restaurant that opened who you the any permits a year 1/2 ago and in the year 1/2 that followed until it was shut down by the health department. it produced a various number of impact on the neighborhood. this is a neighborhood zoned rh 3 residential where restaurant use is not normally allowed. the restaurant produced clouds of bacon smoke coming from an exhaust fan that was -- could have been fixed with duct tape and the restaurant was not willing to do that. the restaurant produces a lot of

noise which is mostly significant for the rent control tenants upstairs which sent to you an e-mail last night. they couldn't make it because of the funeral today, but they say that they will be evicted if the restaurant is allowed to reopen. the restaurant draws as you can tell a lot of support and that means large crowds in a quiet neighborhood and it has double parked it's food truck repeated befor extended period of time blocking traffic. the restaurant has no sprinkler system and works in a very flammable product which is harmful for the community. my client offered to pay most of the cost to install an air filter. the restaurant owner

agreed, but then later reputed that agreement. the restaurant has now opened a second location at brick and mortar which is a better location for it. after extensive discussions with planning staff and i will point out the restaurant's response to the neighborhoods concerns was to produce t-shirts that say, smell this. so i will move to the legal aspect. after a number of discussions with planning staff who we respectfully disagree with on their interpretation, it seem clear there is no legal basis to grant this permit. a conditional use application is instead needed. the subject property as i mentioned are zoned rh 3 residential and

grandfather commercial use was lost in 1980. it was a laundromat. it was a grocery store into a laundromat now into bake and bacon space. that might have been allowed except for one fact. the grocery store, was also non-conforming use and under the 1979 planning code, non-conforming uses could not be expanded and in fact the 1979 code was quite a bit more restrictive than the current code today. that applies even as an expansion of 1, lcu space, there is a zone

interpretation that does that. this interpretation does postdate that expansion, but the logic and rational still applies. so you might wonder why the city allowed the expansion if it was illegal. that's a good question. these permits that were used were never actually reviewed by planning and you will see where planning should have weighed in, it did not. second permit here as well. this says not reviewed boo -- by the department. as a result the non-conforming use status was lost. we believe a conditional use application is necessary. if the commission an agrees, we ask that conditions are imposed which includes limiting the restaurant hours and requiring

ventilation and not an allowing the food trucks because this is a residential neighborhood. thank you very much for your time. >> thank you. calling speakers in support of the dr. lorraine lucas.? >> good afternoon, my name is lorraine lucas. i wish that you will accept dr on this project. we have nothing against bacon and bacon. we have nothing against the restaurant or the type of foods. the hey dash berry improvement association has supported many restaurants and the the ice cream parlor or cove street took 2 years for

that owner to get permits from the city to open the business. here we have a business that is deciding to do business and then get the permit which is a reverse. if we allow this to go through, what precedent is the planning department setting? is that we established a business and then we go and get the permit after. that is not the way we want to do business in the city. i hope that you would recognize that this affects the neighbors and the person who is mr. angeles who has not met with the neighbors in good faith. this is very important because we have health and safety and fire codes that are completely ignored by this business. i'm sure you are going to hear from the neighbors and they will tell you what they have had to suffer because of this business. all the people that do support bacon and bacon and

they want to support the restaurant #57bd in the next few years another restaurant is here. they can't not establish the permits after. thank you. >> hello, president fong and the commissioners. thank you for listening to us. as you can see we are just only a few voices. we don't have the media like the other side has. and you can manual just from here today being here today what it is like that we are up against. and this should not be a popularity contest, but this should really about what's proper business behavior and i just wanted to tell you some of

the personal things. we have lived in this neighborhood, my husband and i since 1977. it was a great super market there. fantastic. we liked it a lot. okay there were little issues about truck parking and stuff like that, but basically it was wonderful. we bought all of our food there, okay. now, i won't go into the legal issues because we've talked enough about that, but i want to talk about the smell. we live across the street. people that are coming from other areas, they don't live there. even if they are like 7 blocks away. they don't live there, they don't to have endure this. people sitting on our sidewalk, on our stairs, eating this stuff while they waited and while the stuff

is being cooked. it just been a real nuisance and the fire trucks blue up in the next block. there were five fire engines. it's frightening to think that all of these victorian houses and there are a lot of renters there but there are a few people like us that own their place and we would rather not be in this environment. the unsuitable for a neighborhood. a business that is so large and has so many followers. tweet, 10,000 hits, their petition list, 2800. i went through the trouble and looked they come from

australia. just a few from the neighborhood. anyway, i think you get the picture. i'm asking you to grant the discretionary review and deny the permit. >> thank you. >> good afternoon. i'm the other side of the marriage on this. i can't help but to agree with my wife on this. she did a very nice job, i thought. i too have lived there for 35 years and i too agree that i were hoping that this is not a popularity contest. we realize we are the minority on this. we

do live across the street and we are there a lot of the time. we have filed with you folks just a couple days ago a memorandum about seven 1/2 pages and i'm hoping the remarks made there are going to be considered by you guys and women as you are making your decision here today. it's a lot more detailed than any of our remarks could be. but i would reiterate that these negative impacts on us including the smell, this has become a big joke item in the national press and the media. in fact today we have an article on the wall street journal about this matter and it's either fortunate or unfortunate that i allowed myself to be interviewed. interestingly enough there is an article making reference to an old factory expert to some

university as to those people who skof at the notion that bacon oking orders can smell. i can tell you it can. i'm a bacon eater. i have enjoyed bacon and always enjoyed the smell in my own house. here is what this expert says. he indicates that left over smells involving bacon by-products, now i quote the article, can get really unpleasant. a little like paint or red cardboard. closed quote. i don't know that i would go the wet cardboard, but what we smell is quite acrid and almost toxic

smelling. plus the truck parking is a little bit outrageous. we see this big food truck outside quite a big bit of the time. for a while it was left out over night on a regular bases. we have a vacuum tr you can that cleanse out the grease a few times a week. that's it. thank you very much for your consideration. >> good afternoon, president fong and commissioners. my name is laura, i live at 210 frederick from market and bacon and bacon. i'm here to read a letter from a tenant who lives above. she was not able to be

here. this is what she has to say. my name is, maro. i have been a resident for many years. i wish i can be here today to voice my concerns. i hope this letter helps to shed light that we have in the neighborhood about the back -- bacon returning. my quality of life has gone down. there is no acoustical separation between the restaurant and my apartment. i hear all of their prep work into evening until 10:00 p.m.. in addition, the windows in my apartment are not insulated so i get a lot of noise from

customers and from the food trucks. in addition to noise, the smell is strong not including the fact that since they opened my apartment is infested with fruit flies that were not there before. i'm in constant fear of a fire and recently a bacon truck exploded on the block. i moved here with my boyfriend in particular because it was a quiet neighborhood. but since they have moved in, traffic and noise and smell has made it difficult. i have experienced problems with bacon since they started using the street as a commissary second. we tried to talk to mr. angeles about our concerns. until the health department shut them down, none was resolved. even as they were forced to close. this were still

serving food until midnight. i now hear that jim has opened a new store front. a commercial neighborhood, a venue that seems fitting than this residential neighborhood. i'm not against bacon as a business, but in a residential neighborhood is not the proper location for the restaurant mr. angeles owns. my boyfriend and my fear is the only solution is for us to move out of this apartment. there is no way we can find a comparable unit since our apartment is rent control. >> thank you, mam, your time is up. >> my name is john unger. i

live directly across the street from bacon. the smell is a problem for cooking every morning. the smell is very acrid. i'm more worried that the neighborhood is a residential neighborhood and this is going to turn it into a commercial neighborhood. three or 400 pounds of bacon everyday. i would hate to see it to a commercial neighborhood the smell is bad. i hope you will not approve for further use. thank you. >> thank you. in i other speakers in support of the dr? okay. seeing none project

sponsor, you have 5 minutes. >> thank you, president fong. jeremy paul, speaking on behalf of the project sponsor, dr requester. i would like to start with a few issues. this location was the location of the market delli. the kitchen it uses was an approved and permitted for the market delli. when bacon moved in there, it did not require a chance of use. there is no separation between bacon and the market. the very come to work within the same space. he filed the permit applications properly

and began doing business with their permanence. on the subject of this building permit application is an improved ventilation system. it clear that it needed. an accusation is that there is a cloud of acrid smoke. the have made an inspection. the market. i would ooild -- i would like to go to the overhead computer if i could. there we go. something like it. here the vacant store

fronts at frederick street. there have been vacant store fronts. i want to show you the flavor of this neighborhood. it's mixed markets. there are mom's that walk their kids to school and families in this area that enjoy a cup of coffee and enjoy food at bacon in the morning. this is our layout of the market and bacon. you can see the open corridor that exist between the two spaces. this is the permit application, as part of your record from the 1990 remodel that put those kitchen fixtures in exactly the configuration. this is a permit that is in the same configuration of the oven and stove of the exhaust system. it

needs upgrades from 1990, but it's there. for the use of commissary for the delivery and preparation of food. this is from the late 1960s, the market food delivery truck from 1964, this is the space in the 80s where bacon operates. this is someone getting a sandwich, some of the workers in the space proudly opening a new mixer for their cooking for the neighborhood. and the suppress -- espresso machine from the 1980s. this is where people have gathered for decades as bacon has been there. bacon clearly needs to upgrade their ventilation system and that's

what this application seeks to do. if i shut off the computer. just to answer some of the questions that were raised in the dr, the legal actions used it's not an expansive conforming use. they are here to talk to you about his experiences cooking in that kitchen. it was a continuous space of the ground floor of that building prior to their putting their kitchen in. the haia says that mr. angeles would not meet with them in good faith and he has not m it with the neighbors in good faith, the opposite is untrue. if he told them to discuss

these issues with them, he said, don't worry. i have got it. the question is not a popularity question, the question is what is best for this community and what kind of urban environment do we wish to have. i have asked the community that has come here to keep their comments brief and i would like the -- your -- your time is up. >> i live in coal valley. my kids are in day care in coal

valley. this neighborhood. we eat, we shop often in this neighborhood and i'm an active part of this community. my name is jim angeles, also the owner of bacon and food truck. i employee 10 people in san francisco and i would like to think i put a smile on the people when they grab a cup of coffee. that makes me happy. serving people food. when arnold wong of the wong family first called me about renting his space. i was really flattered. i contacted the

planning commission and instructed me how to move forward. i was contacted by neighbors and another couple who since joined our side or supports the business. i met with them and transparent about our business. this is not about the people, it about the planning. i was playing by the rules and being a good neighbor and responsible small business owner. whenever the neighbors got word about me, they told me to be worried about neighbors. that they call the health department on everybody. a neighbor said be careful with

the people across the street. they dispatch the police about a truck parked in a yellow zone. i was naive when i thought i would win them over an and change their views. truth be told, they never came into my business. i want to close with two things: first when we were dealing with the neighbors, i was caught up with lawyers and press and i found myself with things that would jeopardize my business. the last thing i want to close with is i really want to open fredericks location. it a gift to be a part of my community and when my wife and kids walk in there everyday to come get a coffee, it means a lot to me when my girl says that's my

daddy. >> call on speakers in support of the project sponsor. i have a bunch of cards. if you find yourself being slightly repetitive, you might say you are in agreement with previous speakers. >> arnold wong. phyllis johnson. james wirley, marlee, kenny yu, mike skernl and rene zoey. >> thank you, with all speaking the neighbors that resides upstairs sent me a separate e-mail stating that it