with a type of 47 licenses you voted 6 to nothing to continue the hamburger for the project sponsor and staff to meet and try to meet a compromise they convened the meeting on april '34 with no compromise being reached another meeting was held on april 14th to which a compromise was reached on a few issues related to the project the neighbors agreeed on no off-street parking. >> staff it you continue we'll hear from the opposition two. >> the project sponsor agreed to no restricted hours of construction from 8:00 a.m. to

4:00 p.m.4 the staff a recommending thursdays from 8 to midnight and sunday 4:00 p.m. to 10:00 p.m. and the rear yard variance is also opted the project sponsor offered to have a three to four month period for the entertainment use it was rejected by the neighbors the department is recommending approval with restrictions it attribute contribute to the overall noah valley commercial district will in the displace tenants and create additional unit that is readily assessable and their smaller and more affordable the project

implements the sound report by the recommendations by a sound engineer environment u consultant to insure that no sound from this commercial says that a heard outside of the establishment. >> project sponsor you have 3 minutes. >> thank you commissioners vice president wu and commissioner richards you tend of the last hearing ass asked us to discuss the hours of operation for the entertainment uses and places of entertainment permit and we were not able to reach an agreement on that and i would propose somewhat different hours than the motion is proposing and

jonas if you can passed this larger the hours are emphasizing evening and late night hours for the uses we propose this is primarily a restaurant a lot of money is being invested into a high quality combroirn space one of the terrific architect in noah valley put a lot of effort into this we want this to serve the larger community we're proposing afternoon hours especially during the week i 12kribd what we propose an interim plan within the time period we can demonstrate that mr. salters sound mitigation plan for this structure really will contain audible sound they

are concerned about how bad the situation was with the bliss bar if we do not expand this commercial space and put in a kitchen at the restore we'll have little choice to work in the space we put a bar in the configuration and that's not beneficial to the xhurpt we're proposing to replace a bar that employees 5 people's to have a restaurant serving indemnify budget analyst and lunch and late night dinner that employees between thirty and 35 people on a full-time and part time basis we should encourage this the in community and an investment and

well-designed by the architect well within the what is appropriate for this location i'll ask you to consider those hours as interim plan and let the entertainment commission say whether we have or have not compiled with the good neighbor policy and see how we'll operate going forward thank you very much. >> hi for representative of the opposition could present in 3 minutes. >> just place it right there. >> i'd like to have what i'm talking about okay. >> it is your time is running. >> in creativity to number 4 you heard 14 letters in support and no opposition we have exactly the opposite we have at

least 25 comments in opposition and in 3 days we've gathered petitions one hundred people in 3 days signed a petition saying they does not want this configuration they don't want our green space but our fruit trees to disappear and the hours first point i want to make it so clear from 7 to 8.1 a specific code retro to noah valley that a small-scale of new buildings and neighborhood services is encouraged in open space corridors and all levels are protected they want to come back and destroy 22 year-old fruit trees in you look at the corridor for noah valley this is exactly what they're talking about 24 on one side and ethic

on the other side and accident corridor this is what is supposed to be protected secondly the code section says this is a daytime might want use district it needs to have more unit and quite frankly if it's a bar or restaurant and within the space enlightenment this is fine lastly it is important to note that one letter received in support and this is in our packet in support of this project from the noah valley merchant association the letter is general you'll not know from reading the letter steak what was presented to the merchants association when they gave their enforcement their minutes on online clearly state the owners

thoichld they'll be building a sub floor basement nor the kitchen two things actually 3 things the noise from the kitchen sub basement like another establishment it didn't encroach into the protected rear yard and the noise and the odors of kitchen are kept below i don't know what we can do get one hundred signatures in 3 days to convince you this is not supported by the neighborhood at all thank you. >> thank you. >> the remain speakers will each have one minute. >> just the commissioners.

>> for those who are wade to speckle please line up on the screen side of the room not to block the door. >> can i speak from this microphone here. >> you may. >> commissioners, thank you for having me here i'm ron here to speak in opposition to this project i purchased my home in 1999 you'll not the small trees on the left hand i planted that

on earth day in 2000 it took 16 years to grow into the right hand side of the street over the course the 15 years i've been a volunteer with the department of elections the inspector i've met most of my neighbors an elizabeth street they've volunteered their garage for the election noah valley is a family neighborhood you see my step grand drought we've get those lemons from the backyard we say no to late night amplified entertainment noah valley values precious green space. >> sir, your time is up. >> sir we have your packet. >> thank you. >> good afternoon and thank you. i'm it is a great opportunity to speak i'm bruce i

live on elizabeth street as i said before and said again and again this is not the right project for this neighborhood it clearly isn't and the code that exists is fine for the neighborhood as a daytime mixed use and it is just simply consistent i'll add one other thing whatever comes up something has to be done with the blight and eye sore that looks at like bosnia than san francisco the construction noise needs to be held down on the weekend and shouldn't be constructed on the weekends abused of the people in the neighborhood thank you very much thank you. >> thank you. next speaker, please. >> my name is sandra macintire i

live close to the corner of 24th street i'd like to show you a video of what 2w0urg9d looks like on a saturday night at midnight so you have a flavor of what our neighborhood is truly like. >> what is interrupted if this project moves forward with amplified music. >> your time is running you may want to try to get in some comments. >> on 24th street sngz almost all the businesses are closed and it's quiet. >> this is the vicinity of the bar it is on 24th street past

where bliss is. >> thank you your time is up. >> next speaker thank you. >> my name is richard i live on elizabeth street i think the fact that this project those project sponsors require so many variance in order to procedure is a clear warning to the commission that intends to exceed the excellent planning code that kept innovating to live able to the rear yards variance is without a doubt the worst project we're seeing what this will do to the area it fact it conveyance mature frustrate trees this is not green space it is very lively bio mass with roots that go very far down and

created a soil this is important to the quality of life in san francisco our tree cover is small that is one bit of it if approved this variance they'll excavate. >> thank you. sir, your time is up. >> thank you. next speaker. >> hello, i signed the petition and agree with the neighborhoods i think the most important thing it the rear yard i think that people live on elizabeth is a lot of 0 noah valley 24th street is residential those people that are going to live there in the 4 unit they might want those trees too i think you need to consider preserving those and not allowing the evaporates. >> consider where is the exhaust from this kitchen. >> thank you. >> thank you. next speaker. >> hi, i'm jenny i live on

elizabeth street been 9 years i wanted to emphasize that i concerns about the noise specifically i remember the day's with when the bar was immediately behind my property and the noise from the bash at the time it was dj or some sort of music it allowed for my family i will caution against any sort of item that is going to come in and be noisy i'm a little bit skeptical of the noise that will be put in place only halfway measures from a dribble behind the property prospective i want emphasis.

>> hi, i'm amy a homeowner on elizabeth street for 11 years i want to go back to the family-friendly character of noah valley and really reinforce i don't support to the motion anything that amplified entertainment expanded hours this removal of the seating with the new one basically you're laying the foundation for a night club to exist in noah valley whether or not you're laying the foundation for a 99 to operate in noah valley this is not keeping in character with noah valley it keeps noah valley from being a family-friendly neighborhood i urge you to do everything you can not to let this had happy. >> i'd like to not on mr. paul's proposal it is

surprisingly to me that he suggests that this and would indicate that we would be trusting him to ensure they'll not keep the sound down for 3 months and a louder environment we have people in noah valley that don't have garages we're approving we're approving in house in fill hours without garages we can't protective lack of cars they're more street 0ir7b9d i'm concerned about late night parking on thursday and friday night and sanded if this is amended thank you. >> i'm on elizabeth street

many years ago the planning department city of san francisco announced there be backyard in small residential neighborhood and i think they did that for a good reason when we saw wetlands let's build a unique facility or an airport those green corridors are important for privacy and quiet all the preachers that live there that allow the birds birds to migrate those folks are sitting on a gold mine it is a very wealth neighborhood and 24th street is a gold mine they wanted to maximum miss their profit we have to take our neighborhood take into consideration and their caring for the neighborhood thank you.

>> thank you. >> thanks again for taking the time and thanks to michael and jeremy and tom hopefully, we'll arrive at a accomodation they worked with us on construction hours i live adjacent to the project that will be very large and 40 people living and working in that space immediately adjacent i love night time in the city i'd like to see the following amplified music contained between 10 and 10 to keep smokers at bay and to be able to provide feedback of the effectiveness of sound containment to be heard and noise mitigation devices to be

installed i'm a fan the green space i hope they have a kitchen and green space it is nice to have that charming beauty in san francisco that we have thank you. >> thank you. >> is there any additional public comment? okay seeing none, public comment is closed. >> commissioner antonini. >> yeah. i have a question for mr. paul and maybe staff would also answer you might as well, your on your way up from the way you read this and the hearing he watched yesterday it so you would your extending back sub terrain you have a open space with greenery and over part of it a deck; is that correct. >> that's correct there's a slope coming down from

the rear part of lot we're projecting to the below grade of where this slope is a portion of the rear highway that is acting like the party room and where patrons can access the rear that will be closed off if i can go to the overhead maybe this image will show away what i'm pub it the rear area of this commercial frontage this is the subject property in this space there there's a below grade room now we're standing from that to the back property line. >> that will say underground you're basically not changing the open space above ground. >> we'll be creating a solid

deck the first portion a terrace for the residential tenant and then behind that is included from use. >> okay. >> we've discussed with the neighbors using that for a greenroom for a green space we're still willing to do that. >> that answers month of my answers. >> to clarify it is not below grade as if they're tunneling back really the group of the structure is actually a little bit above grade it right now will undeveloped and the mature trees in that location they'll be removed as part of the project and completely developed where it is not currently developed. >> but excuse me. you need to stop interrupting those procedures those questions are

not addressed to you if you do you'll be escorted out of the room. >> but above the area the kitchen ketchup extension where there is green space or open space. >> it will be open space and their say a limited deck and skylight that provides light to the room below but on the plans currently not aware of the greening proposal we discussed at the last hearing but i'm aware of the provisions mr. smith can clarify. >> michael smith planning department staff the description is accurate audience so basically the way it is drawn up now how large is a space will be possible for this green area i i know there will be a skylight but from the rear yard line to the place where the deck begins

how many feet can be created that will be open space? >> potentially. >> so the sheet organization 0.1 in the man's they show the required rear yard is 28 and a half square feet and that whole area is within the required rear yard and small portion will think a roof deck above the roof of the structure the rest will be undeveloped with skylight and whatnot usable open space for the residents but not green space yeah but if we told them it should to be a green space it will be green because it is an

open space above the extension. >> it could be a green roof. >> yeah. >> limited to what you can grow on the roof. >> true but a way i'm sure you could create enough soil above there with structurally making it sound to be able to plant that area. >> we asked for an idea at the last hearing nothing was put forward since this is a variance i'll address my concerns interesting enough the project on 24th street a couple of blocks down this was a co-compliant project that was granted a rear yard modification not a variance but a rear yard are modification by the way, they provided nor open space they didn't need to go through the variance process that is a smaller impact vacant lot no

mature development at the rear they maintained a small rear yard 7 and a half square feet after concerns and concerns from the neighbors as well the case here the finding have different we need to find exceptional or extraordinary circumstances and given what i'm seeing here and seeing unique circumstances a mixed block pattern to the extension the rear property line in this case we have something that is a mid block open space this lot contributes to it i'm concerned that the project would result in mature trees it we can't make the finding to grant a variance now certainly the project sponsor will have the

ability to appeal any decisions and have the ability to refile with a different proposal but based on what i see i can't approve that variance. >> but my question the situations where it is not a variance but a modification they'll have to create enough space between the deck and the area above their sub terrain extension to have the open space. >> for the modification they need to have elsewhere an 1ru7b9 open space but 1ru7b9 open space they're close but another one hundred square feet short of what is considered a modification but again kind of what you thought would give direction to soften that i'll

not been able to support the the variance. >> that's helpful that's the indictment i'll moving in by inclosing that if they can create an area above the extension that technically is a green space and have enough of a deck to satisfy the rear yard requirement they've accomplished a lot of things existing trees i don't know if they can be taken out i'm not american people arborist but if can be enclosed there are ways of using multiple areas we see things in chicago you've got all kinds of levels something at the next levels using the top levels making it an open space make sense nobody

wants food services late but they're having bars until 2 o'clock you're better off having places to eat they can drink anywhere i said the x-chromesomes on the amount if i had music i've getting gotten this from the project sponsor i'll be supportive it looks like it end added 8 o'clock on all nights except friday and saturday but if they end amplified music by 9 o'clock or 10 o'clock i think that certainly will satisfy month people's interests as long as there's a sound engineer so it sound good, i think they're doing a lot of good things that creates a nice restaurant where

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