scratches the surface but your facility is four blocks away so it's an important step forward to cleaning up the area. so thank you >> thank you. next speaker, please. >> i'm kevin this project will open the doors to the clients and the neighborhood will be more safrl. i've. here all my life and this project the clients can't afford housing in this city at all. they'll have a new life and it will be safer and i really, really will appreciate if you

approve this sponsor. thank you >> any other speakers i've called or haven't call? okay public comment is closed. >> commissioner. >> thank you. i really appreciate this is very careful designed. it sounds like a terrific project. but i wonder if any thought had been given to since this is an existing building would it be a contributor but maybe mr. shoe smaeshg can answer the question. could this be sold to someone who could preserve it and maybe buying a lot to put the project

close? >> i don't know of any such conversation. i think the redevelopment agency went through a battle on eminent domain on this project that were honestly even though he was at the mayor's office i think that because of the express use of eminent domain on the project i know that mercy tried to buy the property from the previous owner. and it seems to me that because of the eminent domain was only the intent to put affordable housing on that site >> whether that's the legal strategy of eminent domain i don't know if it was every considered. >> thank you. >> commissioner.

>> i think it's the right project at the right place at the right the time time. almost 40 years of not having to see the building anymore and it's not the place to talk about eminent domain i think it's a wise move and i move to approve >> second. >> i don't know. i kind of like what richard is thinking of using it for eminent domain. >> i haven't heard on foreclosed properties? again, i'm to pursue this display empties. the planning staff and i had a back and forth on the location.

and i understand it would be in the community room that were, however, having had one experience in which we designed an exhibit which was then placed in the lobby of an affordable housing project and having gone and seen it a number of years afterwards it done the work. this is in the lobby not in a community room. the exhibit that was designed to be in a display case was not there. the design for what was on - which was specifically aimed at defineable sculptures which was part of the project that was demolished the sculptures were

saved and that's so far as i can tell assessable. so i was thinking that perhaps the project sponsor could give some consideration to having it on the exterior or turning that concrete section on howard street into the exhibit. i'm not suggesting that it be done but if it's possible to think about it a little bit more as an alternative location that's all i'm asking >> mr. schumacher you know what i'm talking about. you i must admit i think it's a bit overwhelming

but i think we'll be happy to put something on the outside of the building notifying people that there is somebody in the lobby and if you walk by it's got this exhibit inside would that be okay >> that would be great. >> we'd be happy to do that. >> and i think there's possibly some - what did you call on the outside of the building? aren't they penetrating that wall but if you could pit something saying there's an exhibit of some kind. nobody knows that things are there so if you could do

something like that that would be great >> would you mind coming up sir, one more time. i want to voice to you my strong support for a smaller scale retail. i'd like to see smaller retail with elevator. and as we are in a suppressed environment i hope that food services like subway are not the only choice but we're thinking about healthy food supplies my availability of something reasonable in this area. there was another project like housing there was a large space that was immediately occupied by subway. it doesn't mean that the smaller subway was the only choice but i'd like to see some variety.

you have enough exercise to guide it through having a larger possibility of retailers attracted to this site >> i think we will commissioners have multiple retailers. we do aim for healthy china's choices when we get there. we're working with nonprofits to see who would be a good ground floor service for that. and have the most difficult to lease commercial space i've ever seen and at this point we are 1 hundred percent marketable and in itself tenderloin we don't have - well, i don't think anybody is about to offer us a

space on the rate >> if i could add to point out that one of the triggers for the project is having a restaurants space in the family use district but it's not a formula retail use so down the road it was was a request to occupy that space it would have to have another usage. >> there's a motion on the floor to approve the promise that conditions. you don't i do not hear that your last remarks were added as language >> no they were only informational. >> on that motion to adopt the

sequa finding and a do we need to add the language. >> and to a approve with conditions as corrected by staff. on that motion (calling names) so move forward commissioners that motion passes unanimously 7 to zero. zoning administrator what say you >> to request the modification noting to the sequa finding and they'll be a puny hearing on that and to contact mr. t. >> commissioners if there's nothing further let's move on to item 13. at 531 castro street request for authorization

>> good afternoon commissioner president fong and members of the planning commission. planning staff presenting the

531 castle street. the patio restaurants and cafe. the project sponsor proposes pursuant to planning sowed 86.1 to allow the patio for the legitimization for the previously proposed ordinance to divide within 3 divisions. the 3 vacant retail spaces are located behind the building entrance that leads to the restaurants. at the patio restaurants and cafe part of the 3 vacant retail spaces under 2005 building permit and currently proposes to expand into the remanding area of the 3 vacant retail spaces.

as a result of the expansion the 3 retail spaces the proposed horrify the floor area of the restaurants will be increasedful from 51 secret to 5844 skreej. the patio restaurants and cafe is not a formula retail use but an dpil owned business for the local neighborhoods. and will create approximately thirty jobs. proposed pronunciation hours will be from 11:00 a.m. to 2:00 a.m. and the outside bar will be from

11:00 a.m. to 12 clock and it will be devoted to take anti diane. this conditional use and, you know, involves two previous building permits you don't think one in 1992 and the second one in 2005. the 1992 building permit approved the restaurants expansion including legalizing the rear outdoors sitting areas with a retradable glass sky light roof. the area approved was about 21 hundred square feet. and there's also a notice of special restriction attached to the 1992 permit that provided

for any further expansion of the restaurants or any further expansion of the restaurants pursuant to the planning code. and then in 2005 the subject property owner filed another permit to renovate the restaurants including exoneration into 3 of the retail spaces to establish a bar. that application was inadvertently approved by the department in error. that permit would have required a condition use for the expansion based on the 1992. so currently the sponsor proposes to legalize the

expansion under the 2005 permit and to further expansion to the remanding area of the retail spaces. and planning code compliance has in had a draft motion explained why a current unit to deemed a non-conforming - the patio restaurants and cafe was established in the 1960s and in 1987 when the controls took effect which prohibits a non-residential used for 4 thousand square feet and above

it's only 51 thousand square feet. and for further expansion, of course, under the planning section is 86.1 will require another conditional use to allow the expansion. the hours of operation are principally permitted under the code off street parking on the planning code section 151 the restaurants t is not required to provide any off street parking.

we sent the letters - the neighbors sent 3 letters of concern to the neighbors it included the size of the restaurants and the noise from the outdoor seating

>> independently locally owned business. and so with that, we will conclude that the staff and presentation, if you have any questions, we will be happy to answer, thank you. >> thank you. >> yeah. >> thanks. >> thank you commissioners. good afternoon, with the law

firm, and here on behalf of the project sponsor, and we are excited to bring you this project today which will be the last step in the city process for this major renovation of a restaurant that is part of the castro fabric for decades. less is the owner of the cafe which was established in the 1960. he has spent many years in investing and improving the space, the project before you today will authorize major work that was done pursuant to a building permit and was approved improperly by planning and we need conditional use authorization to finalize the project. as you can you can tell there is a storied hiflt here and so i want to go through the time line of the cafe and the project for you. >> so, the patio cafe opened in the 1960s and, in 1989 les purchased the restaurant and in

1992 he obtained approval to inclose that area with a retractable roof and if we can get the projector for sfgovtv. and as you can see here at the time, here is the rear portion and the so-called patio area of the cafe, that is where the main dining area is. and as you move to the central area and this is where the kitchen and some other seating was located at the time. and then, as you approach the front, this is the castro street frontage right here and you can see that it was a unique situation that there were a few three small retail spaces and it was not the patio cafe these were the spaces for retailers and if you go down the street you can see 541 castro street which at the time was a separate building and so, it was a little bit unique because the main dining area was actually located behind 541 castro street. so, that was where the project

was in 1992. and in 1998, les began the work on renovations of the kitchen as well as some structural work. and initially it began, they conducted work during non-business hours but as the construction work progressed it started growing and triggering other requirements and at a certain point in the early 2000s they needed to shut down the restaurant to be able to complete the project and some of the things that came up was that they needed to provide new emergency access to the premises and the lots, 541 and 531 actually needed to be merged in order to deal with the fire code issues and structural beams had to be installed to support the floors the entire foundation needed to be redone and the electrical service needed to be done and centralized between two, and there were rest room upgrade and this triggered ada upgrades as well and as a result, both

buildings are now 100 percent wheelchair accessible and so that brings us to about 2005 when this work was going on in dbi asked us or asked les to pull a permit that would basically be an, umbrella permit of what is going on and what is authorized. this is the permit and i have the 11 x 17 paper and you have it in the packet as well. and what you will see here is that... in 2005 the work had not yet been done but was

pulled in 2005 to incorporate all of the work that was going on at the building and as mr. wang had mentioned this was a permit that was approved by planning and issued by dbi and over the next course of the next few years, les continued through the work and completed it in 2012. and he received a certificate of final completion from dbi and filed if a health permit application in order to reopen the restaurant and at that time it was referred to planning and they had identified that the 2005 permit had been approved in there and that in fact we needed the conditional use, the reason being, again as mr. wang explained due to the size of the restaurant it was illegal non-conforming use and to expand we needed to get authorization. what you will see is the area

at the front of the restaurant and it is pretty much ready to go. this is the seating area and you can see that the work is pretty much done. this is looking back from the rear area towards the front bar area, and those are the steps between and because there is a grade shift and as you can see, to that side, that is a wheelchair lift that was installed as part of the process. and then we get to the rear portion, this is the main dining area. and just another shot of the main dining area now. so it is just to emphasize the work has all been completed at this point. with one exception. and in 2000, this is the current plan for the project and they are all identical with the exception of that one last retail space that has been removed and seating and we intended to leave it in but

they asked that it it is difficult to see where the retail and the restaurant separation was and they felt that it would be east tore see to have the whole thing be restaurant use and easier for enforcement and etc. and that is the only difference between now and what was approved in 2005. so, understandable les is anxious to get the patio opened and he has invested years in reopening the space and it is ready to open very soon and potentially as soon as 30 days after this hearing. and les has been a member of the castro community for many years and wanted to insure that the neighborhood was informed about the hearing and planned. and he has received a support of the valley association and the merchants of upper market and castro and the castro community benefit district and he sent out a letter to the neighborhood notifying them of the hearing and also received the written support of more than 25 local merchants and the

valley association did express the concern about the noise coming from the rear patio area and that gave us the opportunity to work closely to come up with operating conditions that would make it comfortable with the operation and as a result, this is part of the motion now and we have agreed to them and eba has given us their support and so we are going to move in the back is going to close at 9:00 p.m. at the latest every night and the dining will close at 12 midnight at the latest every night and the front dining is able to stay open until 2 a.m. and this worked out and it was a part of the condition on their support. just to give you a background, the patio section was operated for 30 to 40 years before les had to shut it down and between just to give you an idea, 1989 to 1984 is when les purchased the property and when the roof

structure was installed there were two noise complaints and they were to do with special events and he never received a noise complaint again and as a point of comparison there are other dining operations located in the mid blocks in the castro so this is not a unique situation. and just to be absolutely sure that there is a condition of approval attached to the project that emphasizes that it must comply with the san francisco noise ordinance, which of course it will need to comply with any way and it is made clear in the motion. this block is a vibrant treat and retail scene and the delayed reopening of the cafe has been felt by the community and this will reactivate the space and this has put the investment into improving the cafe and all of the work is completed and the restaurant is ready to open in the future, he has completed the work with a permit and approval today will

be a equitable improvement. thank you and we are here if you have any questions. >> public comment, i have two cards, niekol jackson and kristine haulings. >> good afternoon commissioners my name is haulings and i am here to speak in favor of this project. and essentially the reasons for my being in favor of it are those listed by the planning staff and in particular what the project will contribute to the economic vitality of the neighborhood. and i live just about a block away from this spot and that is a great interest to me. and i am also very supportive of this because les has been very supportive and does a lot of good work with the

neighborhood community groups, which also adds to i think the associate vitality of the neighborhood. and so, for obvious reasons i am speak ng favor today, thank you. >> thank you. >> good afternoon, could you hear me? >> my name is niekol jackson and i am a partner with the catering and events and i am a former employee of the patio cafe and i worked there from 1986 to 1990. and my experience there i was in high school at the time informed my career path i still have you know strong friendships that i developed during my time there and i am here to support the reopening of the patio cafe and it has been profound on my life and also the community that i grew up in and i am a native san franciscan and i grew up in the castro and i really think that it will benefit the community at large,