in front of the the restaurant along grove street are significantly steeper impede the eye by tables it presents a challenge in terms of people with disabilities enjoying the outdoor seats and the obvious concern with controlling the patrons of the restaurant the observance vicarious connection between the restaurant which has staff members and the virtual connection to the outdoor seating makes that a logical blast for outdoor seating we understanding the impact i'll let the owner speak to that and talk here but i don't believe that the noise factor is mitigate by pushing the tables a few feats away 9 residents

explained that as well i think i can understand why they want the one thing they wanted from the beginning i wondered if we didn't sort of had the other tables how it flushed out so that's really the long and short of it i think it is the issue of the grade being flat in front of the of the restaurant i know that the dpw actually stated in their brief the grade is consistent along grove street and mapped out the grade in front of of of the restaurant i can demonstrate that is incorrect the grade it significantly different when it comes to accessibility and as well the dpw brief stated the owners of the restaurant is

responsible for meeting title 24 the disabled access requirements they understand and part of the appeal my recommendation as well their desires this is a salient point we have - we want to make outdoor seats this is assessable to everyone persons with disabilities and the other reasons i'll read this it was a sale point but the control of the patrons by virtual of the direct connection into the garage or covered patio areas of those areas by windows that are not directly within this control of the patrons of the staff members excuse me. and while that's not enforceable

to handle given the importance of the staff managing of patrons we don't do thing that city of problems to the neighborhood residents it make sense to have you know really the most minimal encroachment into 9 public right-of-way that make sense and that the garage extension to the public right-of-way is a logical step in the right direction so with that the two things the accessibility and the monitoring and the logic behind the planning with that i'm going to turn it over to the owner. >> thank you good afternoon and thank you commissioners for listening to us i just wanted to have an opportunity to have history and wanted to give a little bit of history and our reasoning in terms of why 9 seating and explaining some of the comments since we started looking this space for us to

potentially do the restaurant one of the recommendations or i've been a resident of san francisco for 20 years i live not that far and find out what is happening in 89 area that corner was a dangerous corner we were exist to be part of with the architects to helping to bring more activity more people into the streets and so on that can help with security and so on we've been part of the change in that corridor i feel proud we've been able to change and participate when we proposed that the seating and put a list of supporters over 50 excited neighbors customers that frequent happy to see us be part of the community i did not want to ignore the resistance of some of the neighbors and at the same

time, we try to address as best as possible every time that someone complaints with the public and so on we were following the rules what is expected from us we really try to be good neighbors there is a tremendous amount of fans one of the websites that talks about the neighborhood any of the negative xhiments comments follows by a hundred of positive comments residents website that michael talked about has been driven by him i know he's been forceful in his opinion with us and our team animals on the aggressive side so without losing respect we have asked him to please call the police because we need to make sure our employees are not feeling threatened with that said, we

believe that all of that the components related to us making sure that the plan we have in relation to better service and staff we believe that the change we've done actually will be a better solution that's been proposed before with that said all to introduce our legal the manager of the restaurant if we could give his background. >> well, thank you i'm mr. lopez managing the place for the last 5 months and doing it for many years i've been addressing i can count 5 exclaims coming to me that it is loud and checking even that i know we know it is loud we comply with our neighbors and we shouted the

doors we can keep it on but try to meet the requests of the neighbors on all the operations that we have we have a vitamin we control easement and a maximum capacity in the restaurant we always comply because we have not a space to serve it is noisy and have to make sure that people have to stay within the perimeter of the restaurant any complaints we get i'm the one taking care of them i've not had issues not none of the neighbors have been talking to me only the neighbor that has been next to the buildings they've been asking for support so they can restore the building i've approved to give some

things to paint the next of the building on top of my building i've been supporting everybody i've not given any neighbor coming to talk about the problems that they think are in the neighborhood but the police and fire department have been going there and see no issues we're trying to comply with you guys and also with the neighborhood to everybody happy thank you very much. >> i have a couple of questions. >> yeah. >> during the normal operating hours of the restaurant the doors are the garage doors are kept open. >> yes. >> unless there's a complaint. >> we as soon as we open from 11:30 in the morning we on one door and then when busy we open both doors those doors stay open

until the business hours finish in the restaurant operating as soon as we get some type of complaint or a staff members tells me that is some person letting them know they don't ask the manager at the come to me check and just close the doors even this past saturday that happened they were recording me one neighbor i said okay. perfect he closed one door and checked with the staff it was a saturday night we have the restaurant full i went back 5 minutes after and closed the other. >> we've been in operation for almost two years green from the beginning that was part of the use. >> what are your operating hours. >> operating hours it is monday

through thursday 11:30 to 10 and saturday we open at 11 and we close added 12 and then sunday we close at 10 we open at 11 and close at 10. >> have the any complaints gone to the health department related to noise? no >> they've never came out and did a noise - >> no complaints. >> about the sound. >> findings. >> no complaints last question firing architect you mentioned those areas on the sidewalk on grove what about divisadero perhaps the slope. >> the divisadero is too far for the servers to serve anybody they closed off the entrance when they remodels in 2013.

>> yeah. but your permit wraps around divisadero and current not the permit allows seating. >> only on grove street. >> only on grove okay. >> i have one question. >> so if you were to have continuing noise complaints which after nine or 8 o'clock is 10 o'clock is high risk people went to go to bed and you have that seating extending from our garage i understand why you do it i'm in the restaurant hotel business more seats for money for no cost you're using that but how do you close a garage

door what would happen if we allowed you to have seats in front of that garage door and you know 915 saturday night. >> can i address this they're operating hours per the dpw were reduced to 9:30 p.m. >> i understand. >> so at 9:00 o'clock p.m. if you had a noise complaint from a resident and it extends from the garage and those as you say when you have a noise complaint you close the garage what happens under that scenario how do you anticipate under this scenario you close the garage door and leave tables and consumers abandon on the sidewalk. >> we close the doors normally we wouldn't close from 9:30 and

if there are any type of noise above the level we ask them to keep it more quiet the complaints are after 9:30. >> how many establishment if you don't have the answer it is perfectly okay. we didn't ask you to prepare this information but on divisadero street interests a lot of activity in the commercial district has development quite nicely and according to the intent of having seats on the street is probable gone down i know that the commercial activity has soared i go there regularly how many restaurants have in our immediate area 3 blocks in either direction onto divisadero how many restaurants on the streets have tables and chairs

that into into the residential streets. >> the one that will be the most significant is the 1 across the street the barbecue and the place has probably 60 or 70 outdoor seats. >> not on the sidewalk. >> not on the sidewalk no. >> a parking lot. >> a parking lot on our block there is no other in terms of growth no other restaurant in the corner that had will be able to used it you have visa determining and others who've shops and bike shops. >> on the side streets if i recall my streets it would be fulton. >> i have right outside of the shoe she place.

>> on fulsome. >> on fulton. >> thank you. >> okay. thank you. >> thank you. >> we'll hear from the department now. >> good evening commissioners carli short department of public works just a couple of points i won't reiterate everything in the brief to address some the concerns race one the appellants memorized the concerns of ada assess i'm going to put on the overhead a photo that i think hopefully demonstrates well, there are changes in the grade i think our brief said it is fairly consistent they're not dramatic changes in grade. >> hold on ms. short can you address the monitor. >> the stripes are on my photo

unfortunately. >> okay. >> thank you so while we appreciate is certainly that the permit holder is concerned about assess public works rectifies that we didn't feel those changes in gated were impeding anyone else ability to assess the at the other end of the table and chairs or enjoy them i'll note we the take some measurement ourselves as well there are this is probably the steep it area those two areas but as you can see if looking this is not a seating area we didn't feel that was going to be prohibit active for anyone

reason among others the preliminary reason to recommend approval for the tables and chairs it is close to the corridor of divisadero so that we hope will address some of the concerns of the neighbors by moving it up to divisadero area with the connecting to the commercial corridor in terms of the ability for the restaurant to monitor their patrons that's the responsibility their applying to use the public spates that benefits their restaurant and tastes activates public space we appreciate that they'll need additional mornts if there is a concern that's their responsibility along with that permit and in terms of the you know following the process and the concerns of the neighbors as

noted in our brief we believe the process will follow the public notification didn't take place it seems to me it works because people attended the hearings the preliminary they've raised other concerns the chairing decision notes the preliminary concerns had to do with the increased noise that modifying the hours was trying to address those concerns by the neighborhoods so i think it is our feeling that - oh we were instructed in the hearing order to monitor complaints and charter whether or not under is a difference in complaint and complaints get logged from the 311 system we track that database to compare

complaints received to date and if the tables and chairs were to go in and consider the that upon rebuttal of the permit there is bit into the permit a bit of an effort to give them the chance to do the right thing but if they're not able to do that public works will not renew the permit this permit was issued properly and there are minor grade changes moving moving the tables and chairs closer to the corridor will not impede anyone's enjoyment of the space we respectfully ask you to uphold the permit thank you. >> ms. short does dpem look at the restaurant underlying

entitlements. >> no. >> is that a conditional use for this restaurant. >> i don't know. >> it was there idea to put those tables up anyway. >> i have a question for i ms. short so how many complaints were registered through 311 prior to date regarding the noise issues. >> i don't know then we have that information right now no we don't we don't have that information at this point. >> is there a way since you have rebuttals to check on theed i ipad or something. >> no, we have access to complaints that come into us that is associated with the tables and chairs not general noise complaints? >> we interesting have to

contact 311 i should have anticipated that sorry >> commissioner. >> can you brief us on some of the restrictions win the ordinance protecting the public i was i had a conversation with mrs. sgj on this subject with the owners ordinance about as tooth also as one can imagine with regards to details where is the intention correct me if i am wrong the intention of the ordinance was to stimulate stimulates street traffic to not only promote more activity but to lessen crime and enhance the opportunity in the neighborhood.

>> the word residents i did not hear the word residents in the ordinance and what do you look at when it comes to- i'm very supportive of the issuance but where do the residents get protected where does the buck stop with the number of seats on divisadero street between one block and another where does it stop when our coming off affordable housing of 0 major corridor and intrude into a resident do you measure that. >> i'll say the preliminary responsibility from public works prospective to insure that everyone has equal access to the public right-of-way so we're looking for our insuring the paths of traffic that tables and chairs will not block the public

right-of-way we do have inspectors so if we get complaints either someone encroaching beyond what is permitted or particular conditions we have inspectors that issue a notice of violation we don't very specific limits for you know overall quantities on a given block generally the limiting facts and circumstances are the public right-of-way and what we look at for that trying to make sure egging ingress and ingress and make sure that the people are assess to the sidewalk we don't dlef into 20 cafes they all want table and chairs if there is sufficient sidewalk we'll issue the annoying notice of intent and the public can weigh in and hold a public

hearing in this case the decision trying to address the concerns of the public by putting those additional conditions we rely on the public process to raise those types of concerns. >> so when liv but that's intended for the commercial streets investigating did care. >> well, it would be primarily where there are businesses that apply for these i'll defer to the zoning administrator but where businesses what about located we don't issue tables and chairs permits for example, to residents that want to put tables and chairs outside of their residents it has to do with businesses i would say the zoning controls that. >> i do the math here and to the point that the garage door opens

to the patio so - it is about almost 70 feet which by my math is over 20 yards and that's a lot and then if you add the nearly 40 feet the width of the garage area that is another 10 and a half yards now we're halfway to ceqa sorry for my sar catching it is a concern where does the i want i'd like to know the evaluation how dpw separates the boundary between that commercial and the intrusion into the residential and the impact that going thirty plus yards off of a commercial district road into a residential

neighborhood what are the rights of the citizens and the residents that live there and especially when the last 38 feet of that around 38.11 or 11 inches if so round that up to 40 feet or 13 more yards that's where the noise really is and that's the one that goes right into the border of residents how does that impact the neighborhood you know how does it dilute the quality of life for the residents that live farther down the street. >> i would agree the intention to try to address the concern is limit the tables and chairs closer to the commercial district and corridor and to try not to have that encroach further towards the retaining residential that's why the

permit was not approved for that portion closer to the residential section so we don't have hard and fast rules we look at you know whether or not there are sufficient sidewalk space to allow people to encroach and we do consider concerns from the residents that's why there are conditions we don't have a policy we'll only go 20 or thirty feet of a commercial at this point. >> thanks. >> one last question during the departments hearing on that application they noted the 28 opponent, if you will. >> yes. >> was there a decision as to

whether those opponents live in the area there is no addresses. >> no, i think you know our we take objection from anyone that cares to voice their opinion whether or not they live in the neighborhood or visit the neighborhood. >> you get the same. >> yeah. so oil is that was not information that was requested. >> thank you. >> commissioner fung did you want to hear from the zoning administrator. >> i why have a question for the da and batter up i'm curious mr. sanchez about the underlying routine. >> e restaurant. >> scott sanchez planning department they're related to in the embarcadero both bars and restaurants with permitted used for the notification a thirty

days notice with thirty feet in february and mark of 2013 inform conditional use questions and in regards to the tables and chair outdoor activities areas are principally permit in front of a building there is a distinction between jurisdictions where it is public works or planning if it is outside of a building but on the lot then that will be planning department review and so for that we'll typically do a section 312 notification by in this case it was no further will entitlements this is given not on the lot but in the public right-of-way it is subject to the department of public works their notifications and they have their process and in regards to the question where the uses are required generally outdoor activity like he outside

seating is in the code of general plan and limited non-conforming uses for the restaurant in the middle of a residential there are code requirements they'll be allowed to have outdoor outdoor seats under the planning code it is generally permissible and i don't see any complaints for that property and did the - were there - lemon back up that was done suggest i subject to a building permit. >> correct. >> where they are conditions on the permit. >> no other than following what was on was plans no additional conditions sometimes we impose additional conditions but i'm not aware of additional conditions related