are coming before june and i hope we can review this in the planning commission, it's going to really start telling us what the neighborhood really needs. this is a one for one switch. this is a superior retail space to an inferior retail space. it was a shoe store before. we don't have any shoe stores. i remember commissioner duffy said we want this and that, this is part of that legacy. i had my first coffee of the day, phil i didn't sleep last night. i'm going to support this and welcome to the castro community and i'm concerned about what's happened to the neighborhood. >president cindy wu: commissioner johnson?

>commissioner christine johnson: does this have a theoretical on the use type where you don't want to go policy is not go above the percentage of the certain store fronts in the area? >> currently there are no limitations. restaurants are permitted. city clerk: commissioners there is a motion to approve this with conditions. commissioner >commissioner michael j. antonini: >commissioner rich hillis: >commissioner christine johnson: >>commissioner kathrin moore: >commissioner dennis richards: >commission vice-president rodney fong: >president cindy wu: that motion passes unanimously 7-0. it does appear the city attorney is back and prepared to respond. so with your indulgence we will return to item 12 for case no. 2014. .041c in

the castro use for conditional use authorization. the public comment period is closed for this matter. >> president wu, kate stacy from the city attorney's office. there are a number of conditions included on these 2 pages. a few of them we would recommend against including but i thought what might make most sense for the commissioners to hear is for me to walk through each of the conditions. some of them are expansion of conditions that are already in the motion as mr. kef lan indicated to consider expanding the motions. i didn't have this sheet in my packet. i don't know if the commissioners have this sheet. i can summarize

each condition. first is the signage and under the constitution there is limitation as far as what the government can do in relation to signs. government can say what kind of signs, government trying to dictate the internal of the sign, the trademark of the company. i would recommend against that first condition unless the intent is to talk about the place and manner of the sign and where it is. those types of conditions the

government can apply, but this seems more general that that sign is different from other hamburger mary's signs that it's different and unique from others in the change. it sounds like it gets more to the content and trademark design of hamburger mary's which i recommend the planning commission not address as part of this motion. >president cindy wu: commissioner richards? >> >commissioner dennis richards: i think from my point of view, i'm not worried about the trademark. we are not looking for a fluorescent sign but a time place and manner to be in the castro market, the plastic in front that is ugly as hell and that's the kind of sign we are not looking for. >president cindy wu: maybe zoning administrator can help us. >> the language that's drafted it does

seem to ask us to judge the content of the sign. >> i wouldn't support that. >> that's my reading of the condition as it is. >> could we just ask for a back of the halo sign that is tasteful? >> we could perhaps direct staff. >> appropriate signage. >> all right the second set of conditions are sort of enforcement conditions where it says violations of the conditions contained in this motion. normally if there is a violation of a condition these provision of the planning code kick in whether or not the commission is saying something in the motion about it. these three bullets actually change conditions of the planning code. so i would recommend against incorporating these as is if the commission wanted to incorporate them. i would recommend some edit

so they are more parallel with the planning code. but it is true, these procedures kick in for violations whether or not the planning commission states it in the motion. so it's not necessary, but if the commission wanted to do that i would recommend the edits so it's in the planning code. >> it is already related to enforcement in section 176 which calls up to 250-day penalty and it would be less. there is another condition related to abandonment and in the castro street neighborhood market district abandon conditional use is 18 months and this would be a longer period. i think the code already addresses a lot of these

issues very well. >president cindy wu: commissioner johnson? >> >commissioner christine johnson: i'm skipping ahead because we are going to have a lot of conclusions for this point on the signage doesn't the guidelines ha we develop for signage and retail frontage address time place and mainer for things like back lighting and protruding signs i think those are addressed in the signage requirements and guidelines. >> you are correct, the proposed guidelines do address signage and it's a large part of that. the updated formula retail controls are not yet effective until some time

next month at the earliest so those controls are not yet in place. >> so if the controls are not yet in place, does that mean that if we do the approval today that this location would not be subject to those guidelines even if it hasn't been constructed yet? >> kate stacy city attorney's office it would depend whether the project has all it's permits and achieved rights and whether or not the code would apply at that time. we would have to look at the status of the project. >> okay. >> and what we are attempting to impose. >> the question is that's one thing we can do. i'm trying to get to whether we can make a motion today so we know what we are getting. is it

possible to say on a condition of approval that this project would adhere to our signage guidelines separate and part from the formula retail legislation rather than saying it's up to -- >> it needs to comply with the signage requirements. so i think perhaps the condition that the project sponsor would further work with on the department on the location of the signage. it's my understanding of this use that there are distinctions between each of the locations even though it's formula retail, that's part of the nuance of it that they do make distinctions between the different locations. >> okay, working with staff, we already have our guidelines as lights and things. okay. excellent. >> commissioners, condition no. 4 under design, it does say

signage, any signs on the property shall be made to comply with the requirements of article 6 of the planning code if what you are asking for is that project sponsor shall continue to work with staff, we can add that language to that condition no. 4 that's already part of the motion. >> yup. >> okay. >> that works. >> the next two bullets having to do with the sidewalk. normally a project sponsor applies to the department of public works for permits to use the sidewalk, and so i have two comments about these bullets. first when dpw issues it's sidewalk permits it can impose conditions on how those permits are used. so these two bullets get a little bit ahead of that

process that if the front of that premises is going to be used for cafes or sidewalks they go to dpw and we can craft if they were to apply for a permit to use the sidewalk the planning commission recommends that the sidewalk use cease at 10:00 p.m., but again it's something that dpw ultimately has authority over it's it's sidewalk permitting process. >president cindy wu: it's tricky territory to something that can happen in the future. i think that's what their concern is if the project sponsor went for a sidewalk permit then that could be included at the time. >> the following section that has to do with noise. the first

sentence, "uses shall be performed with the incurred only" that is the premise that it's applying for a use of the sidewalk from dpw and government can't take away the legal right for somebody to apply for a permit. certainly the government could disapprove a permit. i would recommend editing out that if the commission wanted to include that. further in that condition where it's the third sentence to ensure containment of noise including noise and vibrations project sponsor agrees not to have live music if it's open. and if further complaints, project sponsor agrees to comply. further if there is a noise complaint

they have to see if a complaint is observed the city couldn't require a project sponsor to do something. so, again if the commission wanted to include a condition like this, i would again recommend some further refinement of that condition. i also note that there is a noise control condition in the motion already. condition no. 9 that says the premises shall be adequately soundproof or insulated for noise so that incidental noise is not audible in other buildings and sound proofing is something that staff is go -- going to to have ascertain with the project sponsor and if

you want to be more specific on the noise issues like this particular bullet we can craft something like it, but i again would recommend some edits within that condition so it sets forth the process as more use by the city than a government entity. certainly in all of these conditions the project sponsor can agree to with all the parties and the government would not act in a particular way and the government would still pursue whatever enforcement procedures in the code, we would unsue the compliance with the conditional use permits. if we start to impose these other conditions we have no know how the city can enforce it and what steps it can take to enforce it. it's possible to take that position and the commission could

give at a direction to staff to work with this condition, but there are some changes i think would be necessary so the city could properly implement it. >president cindy wu: commissioner richards. >commissioner dennis richards: i think the retractable roof is one. it's closed when there is music. that's the common sense one. that was the condition on the complaint for live music. >> i think for restoring the restaurant the commission had conditions limiting "the hours" that it could be open already. so we just want to make sure that any limits on the hours in addition to those already

made. >> so you are recommending inclusion of this bullet but deleting the first and last sentence. >> i would propose that, yes. >> okay >> the next bullet the project sponsor shall close the doors and the noise shall be adequately controls and the operations should be conducted in a fashion where nearby residents are not affected from patrons and noise vibrations and odors emanating from the use. the phrase "nearby residents are not affected" it's a difficult standard for the city to ascertain. if a resident says i'm affected, the

city doesn't have a gauge to figure out what's the violation or the remedy. again, the jeb -- general thought in that bullet is permissible but we wanted to edit it so it has clearer standards. >> that's a big issue in the upper market. are all these conditions actually grounded from prior experience. these aren't made up. the issues with the doors, they opened them up because they were hot and that one i would leave that one and try to edit it and the patrons leaving and entering is a huge issue. >president cindy wu: i know there is a desire to get this done today, but in fairness i don't know we should continue it for a week

because we are kind of making these decisions but i'm not sure the project sponsor is reviewing all of this, i think there is a general agreement in the spirit of all of this, but since we are getting into wordsmithing, i'm looking for some -- >> i propose we continue it for a week. if we continue it a week you won't have much time to receive the modifications, but if everybody is okay with that then and if the commissioners are okay with getting the language 3 days in advance of the hearing or something along those lines. >> i would like do this today. >> are we close enough? >> i think i can suggest

some edits and the staff can make a motion for these edits. such as "the operations uses shall be conducted in such a fashion to minimize disruption to the neighborhood that result from noise vibration or odors emanating from the use" it's not a terrible specific condition but it allows staff the ability to assess and enforce in accordance with normal procedures. i would defer to the zoning administrators comment on that because it would be an enforcement issue for the zoning administrator once the planning commission approves the motion, and then the fourth

bullet, the last sentence of the fourth bullet where it says "all exterior windows shall be soundproof" the last sentence says under all circumstances windows shall be closed and locked from 10:00 p.m. to 2:00 p.m.. "i would remove" locked ". >president cindy wu: i think there is agreement on deleting" and locked ". >> in the last sentence where it says the zoning administrator says we shall report to the commission on any resolved matters brought to the attention and non-compliance with and any conditions contained in this exhibit, again the code has an enforcement process. if the zoning administrator determines there is

non-compliance, the zoning administrator can begin enforcement procedures right away and they can come and tell the planning commission about it but it's different from the planning code provisions and if there is a condition in here that needs to be changed then the code requires that an amendment to the permit be filed, be applied for and the commission would have to rehear it as if it were a new conditional use permit. so that sentence could be deleted and the code would operate to resolve those issues the way it normally would. >president cindy wu: okay. city clerk: commissioners, if i may, commissioner moore, you made the motion and you modified it and the audible to be made available to the

maker. >> yes. >> i just have one issue with i think that you said it would be okay to have language about complaints and impact on the neighborhood. i agree with you. i think that one is too vague and we have a process for complaints where if any of the things that would impact them like doors being open and noise from the roof and fl were problems people would make complaint and they would go through the enforcing action. i don't agree if there are vague conditions. what does that mean? handout you -- how do you measure that. >> that sentence could be eliminated from the entire bullet. you can say that doors are not left open for unnecessary purposes and delete the

next sentence and the last sentence, the h evacuate -- h nvac systems open in the building as necessary to allow for the conditions of this motion and if in necessary the system shall have noise. >> i think it might be easier to say they can't have any doors and windows to remain open. then is it okay to open the doors other than for ventilation. >> i think we should delete the rest of it because the method they don't have to open the doors and windows. >> i think that they are not left open. like doors, we have these issues with the board of appeals, there is a case on the brickyard where it got to where the board of appeals adopted a condition requiring automatic closure on the doors and because the doors can be very much an issue with the sound, but an

easier thing is that the windows are non-operable and the doors and windows to remain closed. it's a difficult one to address. don't mean to make light of it. the windows are probably the bigger clearer issue and i would just want to be sure that that doesn't collide with any fire or building code requirements. i think provided that it's not locked. >president cindy wu: commissioner fong? >> >commission vice-president rodney fong: i just want to add this overall comment. i think we all have this same intent. this item comes up which means that lively businesses are opening and i appreciate the city attorney spending all the time with the exact wording but maybe we can encourage staff to look at a little bit more stringent guidelines

and policy to have a stringent regulations on sound in particular in light and sound escapes a restaurant or dining like to -- particularly where there are residents above. i might encourage staff to look at how we put together our package that specifically addresses to sound and light. >> we do already have standard conditions related to this included in the motion as well as good neighbor policies in the planning code itself but we can take another look and see the efficacy of all of those conditions. >> thank you, i think it would be helpful to the project sponsors to see that in advance. >president cindy wu: okay, ms. stacy, do we have enough clarity on

this motion, these conditions. >> president wu, would i be able to run what i think this commission is asking from this motion? >> yes. >> we have an expansion of the noise control, you have condition no. 9 in your motion already, and the language that we would add to that motion comes from page 1 of this agreement and it says all uses shall comply with the conditions imposed by this city's noise ordinance and shall not be audible and vibrations shall be enclosed in this structure. project sponsor agrees not to permit live music while it's open. we added that to the control provision and

then the project sponsor shall -- ensure it provides adequate ventilation provided the doors and windows are not open. and the next one no an amplification to be used at anytime and by the retractable roof and the next is the noise control that is already in the motion. i think the commission already has that as part of it's motion. then the bullet the fourth bullet all exterior windows shall be add quatly soundproofed. under all circumstances windows shall

be closed from 10:00 p.m. until 2 :00 p.m. and the expansion of the community liaison on november 11th. the project sponsor shall work with neighborhoods groups for discussing problems from the restaurant and bar use. it's pretty similar to your condition 11 as part of the motion but we can certainly add that language to that condition. >president cindy wu: thank you. >> does the commission also want the condition about signage as well? >> >president cindy wu: yes. to correspond on signage. >> with those amendments modified to

the maker. if there is nothing further, commissioners, there is a motion and second to approve this matter with conditions as amended and read into record by the city attorney. on that motion, commissioner >commissioner michael j. antonini: >commissioner rich hillis: -- >president cindy wu: commissioner hillis wasn't here. city clerk: i apologize. commissioner johnson, commissioner >commissioner dennis richards: >president cindy wu:. that places us in the next item. you have two items in the discretionary review calendar they are all related and part of the same project. so i recommend that you hear them altogether as one super large item. so in that case. commissioners, you will hear

items 15a and 16a for case number 2013.1521dd v and the zoning administrator will consider case no. 2013.1521ddv and 22v and 24 ord court. there is a single requester on 3 separate building applications and zoning requester will receive 15 minutes and because they are three separate building applications they will each receive 15 minutes. you will also receive 6