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 to the

operation of the use. >> thank you. >> thank you. >> okay. we'll take public comment can i see a show of hands how many people want to speak if you wouldn't mind lining up on the one side of the room we'll move public comment in a quick moment whoever wants to speak first please step forward the cards are on the podium. >> you can file that out after you speak and hand to mr. pacheco when you have it filed out. >> someone take the mike so we can start the process whoever wants to speak first time please come forward.

>> someone has to speak. >> good evening ladies and gentlemen my name is tina a resident on the 13 hundred block of grove between broadway wick a nature san franciscan my family's lives in the neighborhood since 1959 in the neighborhood for 44 years almost my entire life i'm a circumstantial mom and my daughter is here in college and another daughter in high school i've seen many changes that have occurred in the neighborhood as time going on we have to expect change will happen when the construction began i thought it would be a good change for the neighborhood i was wrong i've seen that space from a mechanic shop to bars and stools shop and

a pawnshop but never since i've been living in that neighborhood has our particular block by invaded by the noise from those businesses my apartment is a facade of the building my bedroom and living room my children are studying and kids they'll have final examines what have you it effects my children's ability to containment trait if i'm looking to the sounds for music it filters through i've scompland and gone down in person 6 times from january of this year i more recently at 10344 p.m. and spoke with the manager not only was

there i could hear people talking in any living room i thought that were 20 people inside my living room i couldn't take it anymore i think that with the inclusion of businesses this particular business i don't feel they've taken the residents concerns seriously and we've got the effects that the noise can have on residents i think mike - i'm sorry. >> 30 seconds. >> she lives closet to the reasonable doubt or restaurants to the person expressed his concerns reflects that i want to know i don't feel that the restaurant hfa has acted in good faith and not mitigated the noise they can't tell their patrons to be quiet they'll lose

business they'll close one door or close both of them and open them up later i've heard the noise 12 at midnight i work for the federal government i'm a circumstantial person of two children and sitting there with my heart ragging. >> your time is up. >> thank you. >> i believe i have a question which you talked with the management of the restaurant what was the response that you received and what did you ask him or tell them. >> more recent times and that's correct and he closed both of them and no noise issue and the problem is those garage doors that open up and i you do not i don't have- if they put additional seating where the garage doors are they

not been able to close them. >> when he closed the garage doors did it mitigate the noise. >> i was calm and able to relax and felt my blood pressure go down thirty points. >> i've been when the garage doors are like that prior thank you. >> do you have a question. >> thank you. next speaker, please. >> hi, i'm jeffrey i live hundred and 25 feet from the restaurant and i have the big problem with the noise one of the biggest claims it is not much of a restaurant more of a drinking establishment but the alcohol noise that is up a notch the first appeal of the original protesters and most are 28 people from the 5 buildings down

from the restaurant on either side of the street and i'm a.d.ly opposed to the seating in front of of the garage i'm on the fenced for the latest versionown the street not in front of the garage the drinking establishment people made that quieter i'm on the fence but i protested that initially is that even after the original protest they've not done much to mitigate the noise we have to go down every time and colleague i don't want to call the cops and waste their time with noise complaint it is ridiculous but 11:30 at night i hear them and my windows are closed so this idea we have to go and complain everyday they've not done as

much to mitigate the noise and you stand in front of the barbecue joined stand 15 feet in front of them you've got talking noise and peopleing have a good noise but not the route i didn't drinking loud loud charting that is the tune it is taking it up to the next level that is what drives as you nights that's where i stand i'm probably the most moderate person and don't feel like they've tried to work with the neighborhoods or mitigate the noise. >> thank you. >> thank you. next speaker, please. >> >> hi, i'm roseanne in a i'm her elderly child and a student at same force and the same effect it is true our family has been in the

neighborhood for quite sometime over 50 years i've lived there my entire life my mom mentioned we've watched the neighborhood change and change cannot be pretend and change is a positive thing, however, my major concern with the outdoor table i noticed the contractor brought or the architect sorry brought up people with disabilities which i think it definitely a great way to get in panel to kind of i guess approve the seating just because i mean i honestly don't think that people with disabilities have any trouble getting through right now, however, if you look on divisadero all the times on 16th street and van ness the areas get crowded especially in a drinking place quite naturally

attracting attendance during sporting events events people may not even not necessarily attending the restaurant but are watching the game and getting route i didn't and contributing to the noise level both my sister and i are in school i refrain from coming home i know the noise will be bad and i have to call them muni it is you know what that is like for a young woman in san francisco i appreciate feeling safe in my neighborhood and outdoor seating in 16th street and van ness and i guess on my block i grew up at boys and girls club i know a lot of families that feel like that neighborhood is not welcoming to families tell you with their children a lot of parents don't want their children imposed to

alcohol i feel like it pushes out a lot of families and other families if other neighborhoods from coming out the neighborhood that is definitely a lost opportunity and can effect the businesses in other neighbors or the busy in the area that may not be serving alcohol thank you for your time. >> is there any additional public comment. >> sorry you'll have your turn for rebuttal. >> hi, i'm heidi live on grove street i'd like to say that there is a huge problem with the noise from yerba buena and i'll august i believe the owners statement they follow the rules for example times when they created their own space outside of the garage putting blarnt and 6 tables with no permit and permission and i called the

police i'm not sure if other people the i'm not sure if you see the pictures there are planters they start to push the planters out in front of the garage to make more space for people additionally other rules not folds alcohol on the sidewalks especially during the sporting events i have a picture of someone smoking on the planter it wasn't a crowded day the thing that the person's are monitoring i would say is not i cannot there are a lot of things that are ignored by people that stay and work there as was mentioned the barbecue missouri joe and the did not don't make the amount of noise if this is allowed i agree the televisions has to be turned off that is where the volume comes

from if they want to have an outdoor space it is not appropriate to have everything out on sports bars on eight street you don't want to live f there if you allow the outdoor seats turn off the tv and not allow it to continue. >> we're used to noise from the fire department and the concrete company we're not sensitive to noise we appreciate the noise that is generated because of the businesses but only so much you can transport with route i didn't neighbors that don't respect the neighborhood and additional garbage and additional argument over parking and chaos it is not thank you for your time. >> thank you. >> thank you. next speaker, please. >> no other public comment please come forward.

>> how you doing i live in the building next to the restaurant i wanted to also voice any concerns for any outdoor seating presence of the restaurant my part totally unappreciated they're generally kind of rude i've actually been denied service for no reason trying to sit down and the in and my driveway has been blocked by customers i live in the front part of the building this is a dramatic amount of noise from several ball games it sfwourndz a sports bar fleeting underneath in my window that will cause a

huge uptick and any consideration for the neighbors whatsoever they generally do a bad job of managing the noise outside i wanted to voice that. >> what you care to state our name. >> i'm philly live on grove street. >> okay. thank you. >> any other public comment? >> hi, i'm own the building right next door to the restaurant a residential building and i'm here in protest to the permit for the tables just because those will be probably within 25 feet of the bedroom windows we get complaints from the tenants we appreciate they allowed us to access the building from the roof they were good neighbors

rewant to continue to be good neighbors it is important this is a bar it is not just a restaurant it is a sports bar they have a tv people linger and drink a lot of alcohol and people stand on the sidewalk and watch the tv sometimes there are gathering that people so we're concerned about the noise and be able to have the quiet environment of our residential property that is grove street not divisadero street as pointed out that is far down into grove street this building used as changed it used to be a garage and store those operations shut down added 5:00 p.m. we have to adjust to the fact they use the garage for a restaurant but at least it is tucked inside the patio to the noise is at least inside that can have earn if you move it on the street it will

radiate more you can hear from the 28 people that sent in opposition to the original permit as well as us we're pass national trying to maintain some quiet enjoyment of our neighborhood so you know, i ask that you do not allow those tables outside right next door to my bedroom window. >> any other public comment? >> my name is fernando i'm san francisco residents for over thirty years went to school here i own the building with my wife next door to the restaurant and while we welcome on divisadero is terrific we're patrons there but we're concerned with the

noise and this is on its way to becoming the french quarter the building was - and that's concerning to us as owners of a place next to the restaurant we invested a large amount of month to month money to rehab this building we have been complaining about the noise generally and that is a challenge because you guys what is how much encroachment allowed into our homes other thing you guys need to be aware of on as i understand there is a market that sits right in front of the building that is a lot of encroachment on the swaukd and 6:30 in the morning we're dealing about that type of thing

the good in the amount of so as i was saying all the patrons attracted to the building come for the drinking and the demographics it is a great place for doing that we need to find a way to manage how we do this so we're able to enjoy peace and quiet so i would suggest that while the corridor you guys are trying to support how much is a question so if you could please keep it as away from our window as possible we'll appreciate that. >> any other public comment on this item. >> okay. seeing none we'll start the rebuttal with the folks as residents.

>> thank you just replies to a couple of comments i'll talk about being able to control the people on the sidewalk they don't control the people inside of the bar not outside the bar how alexander more people is going to increase their control they don't make no effort to abate the noise despite what they said complaints are not responded to you met with the owner of the restaurants 9 different times a 3 hour meeting with 3 of the manages and phillip was there every time there response is the same we'll see what we can do that's all that happens and nothing changes they don't not close the doors with a noise complaint another problem people have not been addressing on the noise

complaints i hate to speculate it seems like perhaps the people that have been discussing this have not actually tried to make a noise e noise complainant about a place that is a chronic problem to say the police are uncoercive corrosive when the cops come and say to me it is my call and the law says they can be as noisy as they wanted until 11 the law says nothing like this percentage why am i going to call the police again for being yelled at i had another police officers they there have to fix the ambient noise word for word and the officers looked at me in the eye and said it is

less than 8 decimals i said how do you know he said i can tell especially, when how already have 28 complaints every one of those people are from the block and many wlerz say i'm a neighbor, however, an inundated mysterious 42 signatures of people with i've lived 15 years and only know one that is the landlord that didn't live in the neighborhood if you look at the side of the street there was none of them in the zip code so i don't know who they got to sign those things or anything but those people don't live in the neighborhood for sure a few seconds let's see oh,

yeah. i have video of the noise of the doors still open thank you. >> we can take rebuttal from the restaurant. >> thank you. >> i definitely have left hand and absolutely understand the concerns and definitely have tried our best by personally and ourure whether when there is anything in excess that we address it immediately we've done see the police coming in what do we say the police are checking if we were doing the right thing and we're doing the right thing we're following ordinances we looked at this space there were things that were allowed for us to do we've not done you may give that is

not under the permits that we have and addressing the the signatures we have many other signatures that the blocking of the addresses is not us the city does it for a reason of what you call it privacy yet some residents are not and i'm not monetary to disguise it but those 28 to be from neighbors we got an e-mail today i don't think that was supposed to be sent to us from the grove residents and michael and you know showing his frustration over not a lot of people coming and doing more in terms of the reacting to the efforts of the improvements and i have the e-mail here if it is allowed to be seen so again, i'm listening to the

complaints today and i'm happy to talk to them and figure out how to make it work for everybody we've followed the rules as well. >> thank you. >> i have a couple of questions. >> okay so what specific have you done to mitigate the sound emanating from our business. >> so we wherever it is after the hours we're allowed to operate we shut down the doors and again many times when people complain we immediately check if someone is loud customers listen i'm so sorry we got a complaint so the customers will keep it quiet they would and definitely we're activity there and it is responded to right away. >> is there any signage.

>> yes. to keep it quiet. >> exactly can you address the comments during supportive events from people drink on the sidewalks talk we'll not allow drinks to come out we follow the rule as we have to and any of those things we completely know what we can and canned do and slooufl not allow the drinking to happen outside of the restaurant. >> any questions. >> i'm looking at our brief. >> yeah. >> and in - i'm absolutely let me reiterate sent to the owners and you simply doing business the more tables the better your business will sustain and if you're business closes that's

blight but i don't support noise in the neighborhood and the inconvenience of residents so i'm reading your brief what both the me everything with the expectation of the ada issue is really oriented to the ability for you to serve for patrons and the ability for you to provide better service to our patrons and the ability to do more business and really didn't pay attention to anything with regard to keeping the peace and or not the neighborhood i have a question you know there has to be a give and take compromise both parties walk away happy by the key issues have seems like the openly of the garage doors

and after a certain period of time time during the day would it be a consideration for you to close our doors at a time a specific time each evening where people go to bed like 9 or 9:30 is that a compromise that - >> we currently might be sometimes they are open after 10:00 p.m. when someone forgets or there's the restaurant but most of the time the doors do come down by 10 and in terms of let me answer our first question in terms of what we're addressing in our writing that you mentioned is the what our request for the change of the

location of the approved tables we were not rovndz to the brief from the neighborhood that i seem that it was roadway we were going to address that that's why that brief is specifically meant to be the response the city was recommending our dispute over the location of the things. >> thanks. >> ms. short my rebuttal no. >> commissioner the matter is submitted. >> sorry our time is up. >> no more opportunity for the public comment commissioners the matter is yours. >> sorry my office was anothers 503 divisadero from 1998 for 10 years i actually was the person that was instrumental in getting jeff and laura's to open a restaurant

called north of panhandle prior to moving to the broke that was a laundromat and there is currently fighting over the church that's been active and not active for about a decade now i remember which was a stool place and a plant plays i got my transmission fixed i've been to this restaurant not for will dinner i understand the plight it goes further down down grove street and protrudes into the residential neighborhood but again, this is a