request i'm not saying that's the bottom line i certainly hope you approve their permit >> thank you. is there any additional public comment seeing none, public comment is closed commissioner richard >> i sport the project we've had a lot of issues in the upper market with live establishment and amplified music i want to ask the project sponsors that are the operator i wish they would open up a club i visited the site my issue is the door we've had a lot of complaints about amplified music people experiencing and exiting the noise escapes i look at the streetscape around it it they've

got a lot of residential and across the street a gas station. i want to ask about sound proof of the doors we asked them to do that an market street >> that's something we can look at i know there can, during that periody but on the other side of the door it will stop some of the sound i will not be doing live music past 10:00 p.m. but you know the door that would be something i'll have to come back is to the planning department we added a new door part of the new permit we handicapped it and put in a new door. a during that periody i'm not sure exactly not having it open is the first key

>> unfortunately people enter and exit in 23z people that work don't know the process they'll call you but get resentful i know you'll have to take care of that in the past. >> i can look at that during that periody and double pained glass if we had to change doors i'll do that whatever makes that work for everybody. >> i'd like to make that a condition. if you could reiterate >> there's some type of a sound proofing door. >> very good. >> there's no motion yet. >> i'm sorry. >> i'd like to make a motion to approve the project with some kind of sound proofing other than the door.

>> commissioner antonini. >> sir, if i could ask you to comment. in our earlier public comment you talked about hours during the week i don't know what you had in mind >> right the permit is or they're asking to stay open until 2 so if there's a compromise actually 12 on the weekends and week days. >> i could ask the project sponsor how they feel about that and we're continuing to to sound proof the door that may address the door and a condition i'll have to check with staff the only dnlz after 10 o'clock.

>> we'll be talking about it further down the line too. >> project sponsor in regards to the suggestion brought up. >> i'd like to specify that the project is open legally with the abc we're talking about the ability to play amplified music this is where it gets weird you can have a dj which we can't do that can spin records idiot the judy box can play after 12 we don't not to do live whether you have a ipod or dj we're sprint hairs how this gets clarified the real issue with noise is live music we've agreed not to

do past 10 o'clock. >> i'd like to window the maker of the motion and the seconder is rather than putting a restriction settlement we could have a look backward in 6 months a report to the commission which is part of our regular agenda and i also want to add to the motion that they work with the gentleman in the neighborhood to make sure that they are keeping the activities on week nights after 10 o'clock in an acceptable manner not to disturb the residents. >> okay. thank you. commissioner moore. >> i want to make a comment regarding the sidewalk it's something that somebody should

send a photo to either 311 or forward it to dpw this is not an issue we can influence in my way in this particular environment but worth noting when you have larger amounts of people in the ear that's an issue of common safety. >> commissioner. richard. >> one of the questions to the project sponsor your limit is set are you going to be reading and set it to the reading. >> yeah. through the entertainment commission they send out the indirect. >> about above the limit it p will stream he will the noise. >> the cuts it down so if the dj tries to turn it up it will reverse. >> okay. thank you.

>> thank you. please call the question >> commissioners, we have a motion and a second you're okay with the amendments. >> there's a motion and second commissioners to approve the conditional use with conditions to include a sound proofing mechanism around the door and a six months report and the project sponsor to continue to work with the community. >> commissioner antonini. commissioner hillis. commissioner johnson. commissioner moore. commissioner richard >> president fong and commissioner president wu so moved, commissioners, that motion passes 7 to zero and places you on item 3. for the next case at 2233 union street request for discretionary review authorization please not on pub public comment the

commission adapted an intent to approve by a vote of 4 to 3 commissioner johnson and commissioner wu voted against it commissioner richards you could reiterate you've reviewed the video and yes >> good afternoon the motion before you is a 3 temporary you conditional use authorization d b.a. and, llc located on the third floor winning within the union district it was heard where a 3 temporary use was approved that the unit will revert back and as mentioned on august 7th the commissions heard the case and continue to

disproof the residential conversion the committee passed it with the intent to grant an approval for a 3 year approval extension it was a 3 building modification it was approved by the temporary conversion where the kitchen was remained and no condition is approved for commission distribution the staff has the appropriate finding the tear 10:30 extension will prevent the housing supply and is consistent with the mayors directive to preserve the housing supply no comments have been submitted that concludes my presentation. if you have any questions, i'll be happy to answer them. >> thank you. project sponsor >> good afternoon,

commissioners melinda with rose i'm here on behalf of the italian i ingredient who rents the property to her tenants as mentioned? august 4th hearing a it is a design company for maternity clothing it is next door it is a perm application for her. we feel this is a unique application and appreciate the time the planning department has put i want to reiterate first mass carney is a property owner and she didn't say intend to move the dwrel from the site and secondly, we have community support we've submitted 7 messengers or letters of support

9 from businesses that want to see the development at least temporarily and third as the planner mentioned is an application to convert in name only no changes to the existing unit whatsoever. at this point lifestyle to ask ingrid carney to talk about the importance of this project to her >> hello commissioners i'll speak brief compared to last time i'm the owner the building and the owner of the building next door the conditional use allowed me time to grow any business in revenue and for the employee support thank you for that. i'm asking for one conditional term of conditional use that gives me more time to grow in

revenue and add employees i'm confident i'll exceed the limits that the property precedes me and indefinitely need to move my business and give me time to move my business so keep it in the neighborhood where my children attend school and stay connected to the pregnant women my targeted market. thank you for your consideration >> thank you. okay any public comment on this item seeing none, public comment is closed. commissioner antonini >> oh, i was supportive and remain supportive but a couple of things need to be said. when he suggested to renew this

usage we said this was the only time we'll do that that no further you uncle after a period that presumably ends 2007 so the project sponsor should be well on their way out of there for a go smooth transition and at that time, 2 will be appropriate it let out to rent for residential usage. and there are seems like overwhelming support and a locally owned neighborhood business we want to try to keep in all parts of san francisco and addresses a market you know that needs to be addressed so i'm supportive of this motion. >> commissioner richards. >> i struggle with this one

because i did the math from 2009 or 2014 that is two years beyond and 2007 it takes the unit off the market i applaud our risk-taking to open up a business in san francisco i watched the video and the quality of life you have is incredible and amazing i want you to stay in the saying city the issue there are 12 vacant commercial spaces in this neighborhood we don't have a shortage of commercial space but housing only one hand i want to keep you here you don't want to move to los angeles and on the other hand, we are going to have 2 thousand resident in the next 15 years i'm struggling where they're going to go any

thoughts. >> yes, i've done research i was prepared to move and much the sacrifice that's available is commercial street level so the rents are more than double what i pay and many times it is the square footage is two small or large i'm not looking to open a retail business and i've looked at something that's non-retail the rents is considerably greater than than what i pay in the commercial permit were extended ii could save money. >> what are the commercial rents. >> right now i charge myself $4,000 a month for a space that's rent for 7 thousand. >> what's the rent in the nc d per square feet. >> i haven't look at the square

feet amount but the available spaces and for example, at golf on union is more square footage than i need around $8,000. i looked in the presidio 65 hundred >> so this is where i structural you can probably rent the agreement for 75 hundred or get it for 65 hundred or 8 thousand it's a wash. >> it's the partnership i my partner lives in la i can't use the money for personal they don't connect. >> i'm still struggling sorry. >> i understand. >> commissioner johnson. >> thank you very much and thank you for your questions i won't follow-up but the only

thing unites that many of the issues of how the commercial real estate prices fit into our business performer a are the planning of the commission more about land use i believe the rent control unit you're using for your business are for housing there was an exception now for 3 to 57 years practical for the growth of your business we see value growing local businesses in san francisco it's incredible your staff seems wonderful i can't support another extension that will bring you to basically having 8 to 9 years in a rent controlled business i voted against the motion last time because we were talking about a 3 year extension

i would be in support of 18 months to a year to figure out. but i'm in support of having residential unit for arranged purposes. thank you >> thank you. commissioner antonini. >> yeah. it might be something i will propose as an alternate motion based on what commissioner johnson brought up. instead of the approval all the way to 2017 only march of 2007 only a few months from now. self-sounds or the that will give you time a year and a half more it will give you the 3 years that should are 3 and a half years from 2012 that's the

best we can do that's probably what i'm going to move >> i would be greatly appreciative when i moved into this space i was looking at 7 or 8 space on the third level now their if you and this time will allow me time to find a space. >> thank you. >> so my motion will be one to approve but instead of approval from 3 years from now it will be essentially 3 and a half years from the date when the previous approval x pictured so 2016. >> so 18 month extension. >> that will be march of 2016.

>> okay. commissioner moore. >> i'd like to ask mr. lindsey what typically will happen if this motion is denied i'm sure we'll not be asking for her to move out tomorrow but what is the normal procedure granting 18 months means. >> if you denied the motion today, we would advise them they need to cease. >> immediately or. >> given a appropriated amount of the time. >> the city attorney have a reasonable time in this circumstance. >> deputy director i think it would be up to the discretion of

the planning staff given an ongoing violation it could require immediate confesstion arrest i'm concerned the opposition to residential being continually occupied by business is not only in violation of the definition of residential we're in violation and under the mayors directive for using and preserving housing in light of the crisis we're presdz to use things that help the occupant to transition i will feel comfortable in using a reasonable process but not prepared to grant an 18 month extension based on the comments that were summarized by the

commissioner richards as well as commissioner johnson. so i would prefer to see us move the process then further extension >> commissioner antonini. >> yeah. in support of the motion i think we've heard the numbers and while it is housing that's available would not be demonstrated affordable housing based on the projected rents and the you know what we have a category we can figure out what is affordable rent based on the a m i. >> so staff has not done an evaluation of the per square footage but a fact is this is a rent controlled unit. which makes it more affordable than the non rent unit >> if i may rent control a new

tenant will pay market rate rents only the restriction on the market rate if i may to commissioner moore's question if i denied the motion and asked them to cease immediately presumably we will be starting the impoverishment process it takes several months for the notice of violation it's hard to know exactly how long but it would be anywhere from a 4 to 12-month process depending on how we move forward it is hard to pin it down it depends on on the notice of the violation. >> commissioner johnson. >> i agree with the sentiment and thank you commissioner antonini for african-american our motion i believe that the enforcement process is one that

could, you know, potentially get lost not weeds with the same amount you have time and the project sponsor ca would have their business and going baertd so having an extension better gets to what is it that we're looking for the project sponsor to do. but if 18 most sounds like we won't remember what we did or things like that i will consider closinglogically it from 8 months down >> i will modify my motion to make it it 12 months from today. >> 12 months from today so september 15th.

commissioner hillis. >> just wanted to ask staff how is it did it the original how did that come to the commissioner was there a complaint? or do we know or the project sponsor came forward >> the sponsor has voluntarily submitted an application the 2009 motion there were conditions that clearly stipulated that the use would terminate and go back to commercial use or the sponsor needs a new request before the commission. >> what kind of put me over the edge in supportive of the original it is a union street commercial district it wouldn't be allowed two blocks away in a

residential neighborhood it is allowed with the conditional use there are good not to have architecture businesses or other fwz they deadened those they're not using them so i think it's good we have abilities to have them in upper floors i mean, i like the balance we indefinitely have a concern for housing but there's appropriate and commercial uses in commercial buildings in the districts so maybe a year approval. >> commissioner richards. i like the fact we're giving you time to plan we don't want to disruptive our business but want to free up the house so i'm supportive of open extension >> commissioner fong. >> i'm glad - maybe clear that

is current situation we want to get this back on the market and give you time to find plan b but you applauded you, your a business and cell phone, pager, or other similar sound-producing electronic devices. many folks that live in san francisco wouldn't want to disrupt that and find a way to get the unit on the market for us. >> commissioner moore. >> i'll be supporting a one year extension although i give the department a personal recognition with a short notice the departmentalized was extremely effective. >> commissioner antonini. >> yeah. commissioner hillis makes a good point this is

residential districts about three or four years ago we had an issue with a property on west portal expansion which was being discouraged ear encouraging those teaches use on the second floor in many instances that would allow the housing in this instance not commercial but we have to decide where second floor use for commercial properties would be more appropriate than the residential use and just an aggregate way not in this sfans instance. >> commissioner moore. >> i can't help myself

commenting we're a mixed use city we're encouraging residential on the seconds floor off street and trying to avoid the intrusion of other uses. >> commissioners a we have a motion and a second with the condition that the extension be for 12 most. commissioner antonini >> commissioner hillis. commissioner johnson. commissioner moore. commissioners richard. commissioner fong and commissioner president wu no. smoechld that pass 6 to one with commissioner wu voting against par commissioner you'll be taking up item 9 out of order night life entertainment in the

selma >> good afternoon i'll be presenting to you on a proposed amendment to the district approve or disapprove as well as the western silver special use district. however, before i begin my preservation i want to give you the commissioners time to present >> thank you. >> commissioners welcome back from recess i hope you got rest as well and welcome to newest commissioner commissioner richards. i'm here today, we're bringing forth clean up language from the selma plant last year that passed in march of 2013 and some fixes that honored our