significant outreach to neighborhood including replacing windows, however, the modified conditions will run with the land and in the ownership or the tenant changes future operators will be lows engaged with the community extending the hours would be a negative issue and they meet the planning code but not compatible with the that concludes my presentation. i'm happy to answer questions. >> project sponsor. >> i'm wondering if it would be acceptable to allow anyone who is here to oppose the project to present first and we'll go after that. >> it is a strange request

maybe why don't you give some opening remarks and the commission asks the project sponsor to come back up. >> okay offering geeze 10 minutes. >> hello, i'm peter on behalf of the entertainment corporation doing business as as jones on jones street here in san francisco in the summer of 09 metro policy was formed and entered into a long term lease and purchased a liquor license at 620 jones street we've invested more than 2 and a half million dollars into the restaurant known as jones in making those investment we relied on the information on the official we are talking about website is contained a

conditional use authorization form at the request of a group which undertook to develop this property prior to us the cu provided on the planning department website so on and so forth 7 conditions none of which limit the establishments hours of operation this was all the information that was publicly available ward to our conditional use permit we were shocked when we got the enforcement notification to see the planning department said there are additional requirements and the conditional use authorization permit that was with the enforcement notification contained additional conditions beyond those set forth on the planning department website we've nerve seen investing in the restaurant of $2 million we don't believe

it had to be closed at mint the information priority by the planning department didn't indicate there was restrictions the operation from 12:00 a.m. is of critical importance it is the majority of jones total steerj and it makes us unique we would not categorically not made the investment in jones had we known the planning department might compass a midnight closing when we have had been led to building by the available public records 3 we would be permitted to operate until 2:00 a.m. would frustrating our operations and have severe effects on our funds

it will industry an otherwise business that is a more vibrant place to live in considering our petition to revise the item of our cu i ask that you, please considering the following first to extend our hours of operations only on weekends and holidays not during week nights reclose at midnight on all week nights in reality we're seeking things to keep things exactly as they've been as the past 4 years the hours we're requesting are the hours we've been keeping the entire time we've been open for business we seek only to reconcile the operation most of the calls for service that was referenced in her

recommendations to disapprove has nothing to do with with jones whatsoever or calls generated by us this is a practices that about the sf pd and the entertainment commission support and encourage in manning making those calls we're doing exactly as a responsible operator in san francisco unfortunately, there was no time to formulate our response by the way, we didn't get the report from the lady until 6:00 p.m. last night and we were not give the opportunity to see the logs until right before the hearing actual calls for service and jones operations take place on pride we hosted the official after party pride and with

regards to the complaints we met with the captain and coordinating with the. instructor: central station next year 4 years after opening jones is a pillar of the neighborhood we'll also invested hundreds and hundreds of hours and tens of thousands of dollars into our community we're a big sport of dish we wish or work with the star program that 3r0e789s businesses we've worked with the boys and girls club and the sfpd on large-scale events for at risk events and host a neighborhood party and other events i'm not rrnl but commissioners we relied on information friday afternoon by the planning department website telling us years after the fact

that there is more rules we doesn't tell you about it not okay if you deny our petition you're opening the city and county of san francisco up to interrupting liability commissioners there's overwhelming support to expand our operations on the with that being said and only two or three individuals that expressed my kind of reservation in correcting this you'll allow us to continue to do a better job of making the tenderloin a better place. >> thank you. >> i have this printed out i changed that. >> let's open for. are through members of the public who want to comment?

okay. no. public comment is closed >> commissioner antonini. >> okay. he have a problem with the sponsor not being aware of the hours because i'm looking back at the motion i voted on in 2007 and attached to it is and i dim which lists the conditions and clearly mentioned the closing time to be at midnight autopsy maybe staff can explain there was a problem of what was posted on the website. >> it doesn't include other final 4 conditions one of which was the midnight closing time it was posted tlaid after the project sponsor answered indoor

the long term lease and invested substantial 0 money. >> wasn't the sponsor sent a hardcopy. >> the former project sponsor was sent a hardcopy and the former case was for a different restaurant current operator jones took over in 2009 from 2008 so the incorrect motion was posted at the time when jones took over operations they were not alerted until afterwards. >> i understand where there's a problem but you want to see it it in writing not something floating around on 0 the internet i know there's a problem but the case to be prudent you probably should have

looked at a little bit further to get something in writing i'll be amenable to considering the weekend hours i know that staff is recommending against extending the weekend hours yes, sir. did you want to respond. >> we have a 20-year lease so we're going to be there for a long time. >> okay and yeah. and absolutely no plans or desire to sell the business. >> i understand. >> scomplifs is there a map that shows the configuration i

only have this. >> this one here shows. >> it doesn't show the relationship between the patio like the 3-d way. >> it's a rendering. >> maybe on the roof of the garage? i apologize i've not been there >> it's great grayed on jones street is such that the basement of the hotel at 620 jones. >> can you put this up there i think i get the layout of the patio but just the - >> so that's the patio as viewed from across the street open endearing street and. >> he the building on top of the patio and he'll point on the

overhead. >> the building over here is the actual hotel on jones street and the grayed on jones is such the basement of the hotel on jones actually, let's out onto the roof-deck of the garage on endearing. >> so where's your embroider space. >> in the hotel over here. >> as well. >> yeah. it's jones street so that's yes this is the interior of whoops no. >> that's the interior along jones. >> yes. and the patio that faces geary faces into geary. >> in what happens on the patio so i have i'm sure you're aware

of i serve food right a place to get dinner. >> people eat and drink and when do you stop serving food. >> at midnight on week nights and. >> so you serve food is this what is the capacity on the 350 are people standing or sitting and during the week most everybody is sitting down and on weekend nights a lot of people standing increase not enough seating and plenty of space. >> so you lease this space from the hotel. >> the dba lord hotel. >> therapy the same people that saw you with the prior operator. >> the both the buildings used to belong to the alumni by group they've dissolved the new owners

are flynn investments so the limping business were the ones that got the cu. >> the operator i get it. >> the project sponsor like us who tently agreed to lease the spates. >> did they lease and operate the space. >> they leased the spaces and spent a lot of time and money on getting the project and ended up not being crazy about it. >> we were just crazy enough and went forward. >> they never operated. >> we stepped up to the plate in. >> you lease the property from the previous owners. >> in the company was they were in the process they were just. >> the folks didn't tell you they'll on be allow you to go to

midnight. >> myself and my architect did a lot of research i understand what our saying sir, i definitely i understand where your coming from on the other hand, and it might be a generation thing but when i go into a government website i accept not a what you can i didn't website but on the planning department website i accept this as correct next time i'll not. >> but your landlord didn't thrill why if you can flashback the photo yes. that one it's hard there are a lot of apartments or hotel rooms that look down on the patio that's on

actually 2:00 a.m. to our consider you've been operating for almost. >> four years. >> how long have you not been operating. >> this is a pending thing we've appealed immediately because it is preponderance of the evidence we have continued to operate the way we've been operating the entire time. >> do you get a lot of complaints. >> there's a lot of people. >> that stand around why are there not more complaints is it not quiet. >> it is particularly quiet nor noisy but if the the 5 hundred plain clothes of geary street we're really loud because of the craziness that goes on on the block if you go below geary there's all kinds of other craziness that's an interesting

area with a lot of stuff people that live there realize they live literally in the middle of the city. >> thank you a question for staff on this so would you say there's been minimal complaints. >> less than i was expecting. >> why not recommended approval that's kind of what i hinge on they've been operating 4 years nothing tell us more than their operation what if the nervousness if they sell. >> the run with the land this is something i've struggled with and poling to staff we brought it to the quality cooperation and discussed it there but we decided the form commission ruling should stand with the

former commission rulings and also that any operators that may take over the business in 20 or two years we have an understanding. >> we can reduce that to midnight if an operator complained. >> no it is the use of land. >> we couldn't initiate a reduction in the operating hours if there's complaints is there a mechanism to revisit this? i don't know if - >> well assuming there's complaints the commission can initiate a hearing but you have to actively resend the motion

authorizing the extent hours i believe the city attorney's i mean they may want to weigh in on that it's sensitive ground. >> right. >> commissioner president wu kate from the city attorney's office i was license on the video can you approve the permit but put in a condition that if there were some violations that the permit would access to be or. >> not access to be but look to resend it i wanted to know what our recourse is you know on staffs issue if we allow this they seemed like a operator that hadn't received a lot of complaints and someone else purposes it what is the recourse

for us the commission or anyone that can pull back the hours. >> the commission could be specific on conditions attached to the approval then if those conditions were violated then it would come back to the commission for a revision i'm having a hard way to say this wouldn't come back but put a fairly detailed condition on the permit that leads to the violation or you know scrutiny and oversight by the planning department and then they'd have to schedule it before you. >> okay. i mean that's a little bit complicated but see what the other commissioners have to say i get the staffs point. >> if i may does the

entertainment commission took the reading. >> what. >> the entertainment commission takes noise conditions. >> that's a condition of our entertainment license i believe the noise levels can be only 60, 56, 68 decimals or above ambient. >> i think this is the purview the entertainment commission we ran into that i can't remember the name the japantown case and wait maybe we could have asked the traefksz to be here look we have structures to deal with those complaints that the entertainment commission doesn't have. >> you would refer to the entertainment commission you approval and their noise standard and if 20th century

that standard is not maintained it would be considered a violation of a condition of approval so. >> address the transfer ability of this thing let's say we sell it for whatever reason and someone comes in that's not a before a great operator there's several different bodies most not able the department of beverage control that has specific standards of operation and something that's allowed until 2:00 a.m. on the weekends but if tyler a bad operator it would be if they're allowing underage drinking or a bad clientele all that stuff the planning department won't necessarily be stuck with the

issues they'll run into a problem. >> commissioner richards. >> they get more interesting that's an interesting one i've been involved in the upper market area more people equal for noise every time we've had an our is a when a cafe changes and all the old cafe flare every time there is a new operator so i get the concerns that all being said i'm in support of the staffs recommendation we've got a 4 year run rate that's pretty good; right? not approving it will be pun thank you very much to you and takes away from the city when we go out there i wanted to get

there on wednesday night but you couldn't the pride week was out of control what i was thinking of monitoring the noise this is a good time how big is our patio at midnight you have a screening or a awning that goes over the patio or the where the people are and not go over the top of it >> 8 thousand secret. >> oh, that big uh-huh. >> what other conditions can we think of other than physical conditions not much. >> i think you've had a good run date i'm in support but if you have a heart attack and you're not there. >> fits a condition of approval they have to meet the noise

standards, of course, the entertainment commission could cite a violation so could we it could be a significant violation we could do a violation action as well just to let you know. >> commissioner johnson. >> yes. he support the mischievous to make sure you guys keep doing what you're doing at first, i was inclined to agree with staff i wanted to reference there are two separate issues in terms of the original motion i'm with you that you want to be able to look on line and get the information but at the same time there's a cu that's a whole legal document you're entering into a 20-year lease you might want to get the original document and really

understand it 0 unfortunately, i can't support our reasoning if you are look at the website and unfortunately i'm not a lawyer but again, don't think that opens the city up to issues things happen and when someone is entering into a lease with that being said i'm off the soapbox in terms of looking at the hours at first, i i was inclined to support the decision they've looked at the location and what was going to be there and made a reasonable decision over the hours of operation but it's before us we have again, a new set i have commissioners and an updated policy of the neighborhood i think our reasoning is based on today's standard of what the policy implementations are and what we want to see in the community

development i'm inclined to support of the new hours and the condition of approval here for the entertainment commission limits on noise that we can enforce the planning department. >> commissioner antonini. >> yeah. i'm prepared to make a motion i'm looking at our conditions from before were up aware there was a condition not to be outside entertainment after 7:00 p.m. >> that's one of the not one - >> that was left out on the website. >> the only entertainment we do outside is jazz on sunday for brunch we have a try that comes in and over by 3:30.

>> it says twice a month that condition won't apply to our jazz because it's done by 3:30 and the other thing the lighting was in the to create a glare outside the property line. >> we have a lot of landscaping only lighting on the trees no notation or party like. >> the other thing was general amplified music to the outdoor area which you don't have i assume so those conditions still apply even though their not on the website my motion would be as follows: we will allow the closings time to be expanded to 2:00 a.m. for friday and saturday nights and . >> and maybe if there's a long weekend. >> friday and saturday is a holiday evening the night before

the holidays is that easy enough. >> yes. >> is the veterans day holiday. >> no. >> we're not trying to party on veteran day we're not open on halloween and that would be those would be the times that the extended hours would be allowed and any other nights sunday through thursday non-holiday and preholiday evenings it will be close and the conditions will include the planning commission shall review and shall specify the decimal level it if it is 68 decimals or whatever the entertainment commission has specified. >> my recommendation commissioner and the other conditions i've mentioned we've saying no to entertainment after

7:00 p.m. >> can icon ferry whether or not we need to connect the existing conditions or all now conditions i'm sorry, sir can i get an answer. >> it still exists so our modifying the original. >> we just need to modify the time or any conditions we don't agree with. >> and the question i think for the city attorney is the commission can take a motion or staff since what's in the staff. >> there will be needed a motion of intent to get it and he building the city attorney has another comment. >> commissioner president wu kate stacey i recommend the commission is clear about what conditions in the