comments from the exit from muni at the northwest corner i try to avoid of it means walking an extra strand theater street are two and in terms of some of the things we're asked the expectations the loading dock has been clear the loading dock would be disruptive and the exposure everybody has exposure to the courtyard entertainment commission the courtyard is two small but the third thing the wind variance some improved some worse but all things considered those are well worth granting the exceptions it's a well done project for all the reasons stated and architects agreed with the exception of market

street. >> commissioner hillis. >> yeah. i second everything everybody says i'm in a true mark inform commercial. (laughter) this design is great it fits in great it is what we envisioned had go market octavia was passed so i agree with the comments i'll happy to see other projects being krungd off potrero and the heights the old dental place i hope they're designed and both great projects happy to support this and commissioner moore >> it is a fun project and i talked with mr. hadn't and asked him his opinion the fear we have

here at the commission not having tools to basically good faith even in cases from the project got sold this architecture is i wanted to say that out loud that this commission is looking with the director to good faith quality architecture quality developers to be delivered and why there might be occasions where sites are sold didn't median that buildings will be dumbed down we're losing the benefits with the architecture and other commitments being lost as i see someone has the microphone i'll ask the gentleman to answer a question and the question on the east side i will have neighbors very

soon and my concern is that while i like the courtyard and while i'm seeing it is slightly less than did dimension have you talked with the adjoining architect of the building that will have shadow but now an open courtyard have you cul de sac u talked with with a a reasonable degree of medical probability. >> yes. we've given them the documentation and shichld the dimensions between our separation of our inside court they have a courtyard they're developing it is trying to mimic our courtyard their refinancing their design but we are aligned and we've had several discussions with them not only in the courtyard but the

streetscape improvements and also forwarded our drawings it the french american school to make sure they'll develop it site or sell that site they'll have that criteria of that open space we're trying to maintain. >> and do you have the support and working relationship with the department for those two things that compliment each other. >> yeah. >> that's not been presented but to say i see the director nod then i'll not be as hard in the courtyard as given the fact it is indeed a relationship between two consequence courtyards. >> yes. as well as is the western light it is as for the department has done a great job getting the architects and the developers into the area to talk about this is an ongoing

process. >> i'm excelling comfortable with the onsite affordable you'll setting a benchmark to follow that example particular in this neighborhood is extremely important to have the onsite and visual and i'm appreciative of that. >> there is a motion and a second to approve that commissioner antonini. >> commissioner hillis commissioner johnson commissioner moore no commissioner richards so moved, commissioners, that motion passes unanimously 5 to zero zoning administrator, what say you? on the variance, close the public hearing and grant the question knowing the shape and as well as 9 grade changes with the elevation. >> thank you the benefit of the public and the commission the conditional

use item number 18 on 19th street street we've received requests to continue that and the commission will take that up when it is called commission on 168 ab for the case 24th street conditional use and variance please note that after hearing and closing public comment the commission continued they will until june 11th to redesign the open space and green space and to scale back the project to fit the character of the neighborhood that matter was heard and public comment was afforded so the project sponsor will be allowed to talk about changes, if any and any members of the public will be afforded one minute for their testimony.

>> good afternoon planning commission mr. washington the southwest team leaders i'm presenting on behalf of michael smith on vacation the subject property on 24th street within the 24th street noah valley commission this item has been continued from planning commission and was first heard march 26 and june 11th continuations were in order to allow the project sponsor and staff to meet with the concerned neighbors with hopes of reaching a compromise the direction was given for the open space and green space the project sponsor to scale back the project to fit the character of the neighborhood in response the impositions direction to redesign the rear area and scale it back the project sponsor has revised to cigarette the ground

floor of the building 3 feet from the restore property line in order to allow wax trees to be planted the usable open space on the extension has been replaced with a green roof and the use of open space serving it has been romgd to the roof the amount of square footage on the open space for the roof is 7 hundred and 34 square feet and the amount that is reduced on the rear yard is 7 hundred and 10 square feet because of the usually open space it allows the rear yard modification arena a rear yard variance as originally requested the sponsors opposed hours of entertainment have been revised wednesday twr 4 to 10 and friday 4:00 p.m. to 2. a.m. and

saturdays 9:00 a.m. to 2:00 a.m. and sunday 9:00 a.m. 10:00 p.m. in other words, for the process to continue the establishment needed a license but it exceeds the 24th street noise pursuant to the planning code and other one and to amend an existing motion to change the conditions the approval relatively to the entertainment use and the zoning administrator needs to grant the rear yard modification planning department is recommending approval based on the use of promoting small business ownership and the neighbor s neighborhood is being given employment job is

contributed to the 24th street and noah valley commercial district it will to the replace tenants and has two additional housing units that concludes my presentation. i'll be happy to answer any questions thank you. >> thank you. >> project sponsor. >> good afternoon, commissioners jeremy on behalf of tom restaurant and bar what we've done is make some changes to address the concerns expressed by the commission we've done our best to address the concerns raised by the neighborhood and i feel that we have a very good project bra you and well-designed project currently, the two dwelling

units on site have no practice usually open space and the rear yard is a ramble or garbage and overgrowth we're going to put usually open space so for 4 dwelling units that is two new units on the roof we're going to create a green roof following the planning department green roof guidelines at the rear there will not be assessable to the tenant this is open space we're setting the building back for native species this will grow large and create screening and wildlife habitat our modified entertainment hours are tied up to address concerns about activity on the street and when it is appropriate to formulate night hours the

concern to provide as much family-friendly activity in this spates that is previously been a bar we havetolysis was a fire i'm sure you're aware of we're currently in permits are active and workers ongoing to restore the bar if it is determined a restaurant is not a more appropriate use of the site we tried hard toy design the kitchen and the back of the house area and cigarette such as but taking away more than that 3 feet from the back of the house will leave us with kitchen facilities to do sandwiches and salads that kind of men i is here it is justified the number of full-time employment jobs we'll create with that project

jifz the examination if you have any questions the urban ecologist is are here to respond the architect is here to respond to questions about the design and mr. sulter is here to talk about the sound measures should you have future questions thank you for your time and i hope you'll support in well designed project thank you. >> okay open up for public comment i'll call cards if you could please line up on the screen side of the room (calling names). >> come on up if your ready to speak. (calling names) >> hi, i'm penny speaking for myself and my husband in

contrast overwhelming community support and the project sponsor worked with the neighborhood the project manager has refused to work with the neighbors i sent an e-mail to many paul when i have the new redesigned building please let me know his response we're going to do a bar that's it leave us alone cutting 3 feet off doesn't change anything the backyard is not a ramble but for trees it needs to be greened they've not done anything it is a number not a family restaurant they're in the sound proof with amplified sound. >> the last cards (calling names). >> hi, i'm jessica i'm the noah valley residents i continue to

be concerned with the lack of neighborhood involvements that the owners have had with us over the last 3 months i'm concerned about the late nights we have a neighborhood that has a lot of young children we have a lot of working people that live in noah valley because it is quiet i don't even that family-friendly means that people are bringing their children to a establishment at one in the morning i understand we need park for new buildings new agreements that might not been able to have garages but having late night parking problems is problematic for the community we have over hundred neighbors not just this block but people backing the particular facility.

>> thank you, ma'am. >> yeah. thank you. >> hi, i'm marcie i've lived on elizabeth street for 40 years i'm the long timer here and lived one highway over from the bar i strongly oppose this project you don't know i don't think that moving 3 feet in from the property line addresses the amount if i had music and bar with late night music and is it not in compliance this is a family-friendly neighborhood that people that work and sleep and need to get up he will i'm reiterate my application for all the people in the building. >> thank you. next speaker. >> richard anderson on elizabeth street the commission

should be angered by this project sponsor they've not made changes the rear yard variance is still a variance they're using a technical expression but eliminating the greenbelt and destroying the possibility into the future that should be considered this bit of soil is eliminated i spoke since the last meeting spoke to two certified actor no possible what you can a roof garden proximity the ecological impact of real soil a lot happens below the surface that shouldn't be i ask the commission not to allow this surveillance they're calling it a modification it is a variance it should not be allowed thank you very much. >> thank you. next speaker.

>> hi my name is is aim i didn't kennedy the homeownership on elizabeth street a working mom two small children i'm the lot one over from the project at hand i sort of feel like they say the definition of insanity is doing the same thing over and over the only material is changing the building by 3 feet and modifying the hours of the requested for a.m. if i had entertainment i continue to oppose this project taking away the greenbelt and allowing a.m. if i had late night entertainment none in keeping with the neighborhood and in my opinion is addressing the requests by this commission for the project sponsor to change the project to respond to the questions thank you.

>> thank you, commissioners my name is ron the owner my backyard faces towards the prop in question i speak in opposition this is not the first time to be outspoken i'm sure you're aware of when i spoke to mr. sulter he said no way to guarantee the sound would be minimized to zero when i saw the revised proposal of cutting back 3 feet i said oh this should be like putting lipstick on a pig still makes a pig. >> is there any additional public comment. >> ross i'm the architect and also a neighbor i just there's been a little bit of misunderstanding. >> sir, are you architect.

>> if you're a part to the project your opportunity to speak was during the projects presentation i'm sure the commissions will have- and comment. >> okay public comment is closed. commissioner antonini and yeah. this is kind of a difficult case to understand but we began with a bar this bar i understand was very disruptive and had a lot of people in backyards and made a lot of noise now we've got an entrepreneurial listed project that shouldn't have missing anybody in the background and the only outdoor activities rent the renter or owners of the housing units so i seem to think they've done what i wanted them to do or the whole commission they've gone back 3 feet that is 8 hundred and 10 square feet

apparently of creating a green roof and hedges the other reason for the structure going back this far you've got to have a full kitchen it make sense you're not going to have a real restaurant without a full kitchen and putting in the wax trees that will grow up to thirty feet that should prove as visual barriers from the structure itself and they're adding two unit that is go good for the housing in the city and in the area and they've modified the hours because the barrow would be open until 2 o'clock every night monday through tell you closes at 10 clock and sunday 10 o'clock the only hours are 2 on friday and saturday so i guess mr. sulter is here i

believe mr. sulter maybe you can come up and answer questions about the installation of the structure. >> i'll be glad to. >> i want to know what decimal level can you insult for people that are adjacent behind the structure or even out on the street i guess. >> in general the approach we're going to take on this project and the approach on private projects is we do hfa as much soundproofing as feasible in this case we've got on isolated wall between the neighbor eats the bar previously he was no isolated wall now we're macon effort to sound proof the wall and doing every thing we can architecturally

within the footprint and then afl after that that it is accomplished the music noise to meet the city's standards a two-way approach. >> you're working with them to limit the noise of the band or whoever is building to noah valley a certain level to keep whatever noise is produced within the structure. >> first, the installation and eliminating the noise to meet the standards. >> what's the standards for a.m. if i had music. >> it various on a project by project basis smoking gun sometimes based on a metric that is allowed a concern number of decimals so i've been talking with the city about the can you feel whatever the city wants as

a standard i will engineer to meet that standard. >> that will be something not part of our condition but part of the dr dbi i don't know. i guess we can condition a certain number. >> within the site you could. >> i'll see what my fellow commissioners have to say and what would be a reasonable level you will feel will insure we're not having leakage out. >> i can't give you a number because we have a couple of issues one issue honestly is the noise going into an adjoining place i'm sure you're aware of the low frequency noise can be disturbing as noise to the street you carve noise.

>> that's a lot of ambient but mostly adjacent structures that's where we want it to be as low as possible. >> into the adjoining unit to the extent people can't hear it they'll not think disturbed if they detect it they will be disturbed so that as i say engineering so not microscopic noise not educational and the basis sounds need to be controlled the whole thing vibrates thank you i'll see what my fellow commissioners have to say i'm supportive. >> commissioner moore. >> mr. lee i didn't come up and explain what exactly the nature of the drawings we've received are partial drawings and

explicit deal with that they're hard to understanding if you could go to what you've proposed to the changes would be helpful. >> first and most important this is a plan of the first floor that is the roof level of the retail space and the most important change is the green sacrificing space we're showing a sod roof that covers the expansion towards the rear yard i wanted to make a distinction between what we're doing to mitigate noise for our neighbors and what we're doing to create the same neighborhood open space what we're doing in the interest of the open space the sod roof recommended by the green sod and the 3 feet supports the wax

trees in this diagram or in this diagram again the most important thing the spaces from the prospective of the neighbors and the 3 feet it was not placed as a mitigation matter with the acoustics but supports the wax meryl trees and will thrive in that amount of space along with lighting for administrative which is that we have 7 hundred and thirty square feet term i believe the roogd was 4 hundred and 50 square feet it provides more than the hundred and 80 square feet per residential unit and facilitating a rear yard

substitution as opposed to the rear yard. >> can you go back to the drawings with the solid roof and speak about the 3 feet why can't that be deeper i know you're going into structure. >> the depth of the soil on the sod roof is a low growing vegetation that will be indicate here the 3 feet we're discussing is a set back from the rear all that is intended to support the larger trees. >> one question i have about the wax merry he will trees what's the diameter of the trees will it insure that tree will thrive with the width of the

canopy will it extend over the property line. >> i believe we have someone here better to answer that would you like it answered. >> yeah. kind of this is the second restriction we've seen that an early restriction a one foot set back and didn't feel that could be brought forward to you. >> i'm dr. leigh ph.d ecologist specially in forest restoration projects things like that basically, we're finding urban environment are easy to grow trees in you can singularly prune and manage a tree to create any canopy you want

that's the wax merrytle this is growth in the city we're confident he can grow trees that are every gastrothey'll stay with way their heat i didn't they like wet environments in our judgment the 3 feet is sufficient to grow this tree to its full mature heights. >> it's not a problem we see trees 2, 3, 4 in boxes their healthier than the trees that grow near me the city environments are