week. therefore i'm asking that the permit be revoked or if the board doesn't feel that revocation is warranted, i asked babar he was required to work with its neighbors and make modifications to their patio and the awning in order to mitigate the noise from their patio so that it isno longer audibleinside our homes . thank you for your time . >> thank you. so i don't see any questions at this point. we will hear from the permit holder. i'm not sure, is mister valentine here? >> i am. >> you have seven minutes. serve. >> thank you for your time. as the appellants todd mentioned we have opened in 2019 after the remodel of the long-standing location.

that is lost resort and it's been a restaurant and bar in this location for almost 100 years . we were targeting to replace theprevious awning with the awning that we , that and the goal of replacing it is that during the winter months in particular especially in the last few weeks we have heavy rain and a place that basically if it's not replaced there's no one foranyone to sit in an outside environment . we opened in the middle of a pandemic which we now believe unfortunately it's an end and. the ability for us to see people outside his parentus for our ability to survive . more so now than ever. our goal is not to open when this is happening but itis a reality now . we did reach out to the appellants. we reached out to other neighbors. no other neighbors expressed concern or issue with this noise. and as requested by the

appellants we would happily work with them to develop a process and a plan to blockany noise going towards them if the design is notworking on illinois. that's not our goal . our goal is to serve our neighborhood and be a great neighbor . there's been probably 12 or more times where various agencies have come out which have been told to us by one complainants calling the abc which has the ability to regulate and monitor our noise and if we are about our noise limits they can issue petitions. they've come out. the last time they came out was a couple saturdays ago with the awning in place " was passing carsare lower than the noise from the business . the entertainment commission has come out a number of times. all these visits are unannounced. the entertainment commission in

their hearing which the meeting minutes were provided as part of our brief, they de-prioritize any complaints with regard to our location because every time they come out there have been no noise issues that weren't any action on the entertainment commissions part. both entertainment commission and abc have the ability to monitor our noisewe monitor our noise . my business partner brad is their most nights and our business has been instructed to shut down the patio around 10:00 and we close the patio soon after . because if they are telling guests that they are making noise to please the client . some of them we live with and we care about deeply. we don't want to be a nuisance this isour livelihood . where not aroundbusiness . we are a neighborhood location. the rest of this area as destination places and we tried to be a place for the kids, for

the family to come by people have told usthe only place they feel comfortable sitting outside is in this environment . i would reiterate we would be happy to do anything we can and that was our goal of reaching up to the house to makethis an environmentthat works for all our neighbors . is there anything you want to add ? >> you know, primarily we want to be a neighborhood spot where everyone to the left, right, front and back and enjoy with their families, friends and feel like they are in a safe place. i personally am on the floor when i do see other guests that are kind of being loud, i do try to tell them to calm down. it's not in my interestto make anyone around us uncomfortable . and we've mentioned before that we would be more than happy to help dampen the soundthe best

we can . i've spoken to their closest neighbors and they come to us saying we can talk aboutit . i hope that this situation, we could have a conversation over this other than the moment we aresitting in . but we are just a friendly, family-friendly neighborhood spot for everyone to come enjoy and with that patio awning that helps everyone stay safe in this environment as well as keeping everyone drive during the rainyseason and that's why we hope to keep it . >> are you finishedwith your presentation ? >> president: vice president swig. >> thanks very much. i very much understand living in the city presents us with

all sorts ofnoise opportunities . and the reality is of a restaurant which has been there for a longperiod of time continuing business . it's one of those opportunities that the neighborshave to put up with . there seems to have been based on the testimony there were some changes, physical changes made to the building that may have changed the sensitive direction of the sound . may have inadvertently amplified the sound because of the boost exchange or whatever. i am certainly not an expert in that area although i'm awareof it and have been in similar situations . can you tell me was there any formal initiative taken to measure literally measure the

sound and to see how many decibels were now coming out of the awning whereas before obviously there were less because it was a solid wall therebut is there a measurement of decibels and if there has been , does that decibel level needs city standards? >> the answer to that question is yes. when the abc department and entertainment commission came out they do a measurement of ambient noise and that is where we had no citationissued or complaints issued by either party because we were not above are requiredlimit . i believe what the appellantsis stating is there's two things .

one is the solid wall is not there anymore to , there's a gap in the roof which points down towards them. and we have not done a measurement with the awning on and off to see if there's a difference and one of the things my business partner said we're happy to make the investment in ensuring this is not worse when the awning is in place.we need to make sure the permit gets approved as opposed to spending money and havingthe awning permit not been approved and we expect more money and not be able to do it if that makes sense . >> have you been advised by professionals as to how sounds might be mitigated during the time that the condition when there seems to be the most noiseexists ? with acousticmaterials or other tactics ? >> the answer is we have not engaged in a professional

acoustic engineer at this point. we believe we have solutions we canimplement with regard to the gap in the awning . there's a sound acoustic panel you can put in place that would enableair to travel through but notdown is our understanding . we be happy to implement those things . we're more than willing to look at options.we discussed internally like the ability to put some plastic over the wall. our goal is to also make sure publishing the ability to be safe in an environment, that were not liking aaron so we need to work to find a solution that works for usas well as our neighbors . >> i understand your intention and your challenges and appreciate those sentiments. thanks, that's allfor me . >> you, we will nowhear from the planning department . >> good evening president honda and members of theboard . deputies owning administrator,

2736 20 is in the arts to zoning district. a property located on a 2200 where like to order lot at the northeast corner of york and 20th. built in 1895 the main two-story mixed-use building at the corner while the one-story structure sits at the rear along york street. based on survey valuations to the property the main building was heavily altered and we can find that such property was determined to not be a historic resource. records show the commercial use on the ground floor more specifically the bar and restaurant use is the existence of the 1960s and as such the property is considered limited for nonconforming commercial use in the residential distric . the area between the main building and the detached structure has been used as an outdoor patio /dining area for the restaurant. given the long-standing restaurant and bar news on the

property outdoor patio is considered a grandfather for lawful activities use that is part of the property. the permit is to install permi framing in the outdoor patio to accommodate the use of the seasonal campus . given the location as a patio area has been the physical area of the lot that is not considered apermanent structure and the proposed project does not trigger trigger neighborhood notifications . the permit holder and the appellant have been notified there was aprevious patio cover of some sort in the same location . while noise is a primaryissue for the appellants planning code does not regulate noise or say . article 29 of the francisco police code otherwise known as the noise control ordinance generally do allow for atypical noise associated with restaurant use operations and doesnot find it to be excessive or a violation . having that said to the business operator who wishes to

redesign or find a patio cover would address any potential noise impact to the residence theplanning department be supported . however as it stands the permit installed a new framing for the patio cover was properly reviewedby the planning department . the scope of work was confirmed by the zoning administrator to be compliant with the planning and section 311 for notification. thisconcludes mypresentation . if there is any questions . >> thank you, i don't see any questions at this time we will hear from the department of building inspection. >> that evening president honda and members of the board. matthew green representing tbi. this permit was approved by planning , approved over-the-counter by the building and health department and was issued on november 9, 2021. we believe the permit was approved and issued properly however as with planning the

permit holders are willing to make some changes to support those i'd be happy to answer any questions . >> i don't see any questions at this time so we will move on to public comment. is there anyone who would to provide public comment? please raiseyour hand. if you call him pressá9 and that will show us you would like to speak . i see the phone numberending in 6149, go ahead . you may need to press á62 b unmuted. phone number and in 6149, press start 62 onmute your self . >> caller: hello. >> welcome. please go ahead, you have 3

minutes. >> caller: and i speaking? okay. disregard the awning application for the bar or restaurant lost resorts at the corner of 20th and york. i'm a nearby neighbor and i'm currently with thebar although i've never been in . i want to give all support to the lost horizon, the lost resorts establishment to end or erect a permit for their awnin . i see no reason why this would be an impediment to anything but rather the whole bar by the way although i've never been for drinks, i don't think bars but it's a wonderful establishment . i enjoy the activity and i fully support the owners and operators of lost resorts.

it's a well-run organization and i just want togive my full support for whatever application may have regarding their awning . i've had numerous this licenses throughout san francisco over the last 40 years and50 years actually so i know a little bit about applications for permits . so that's the just of what i want to support. >> we are now moving on to the fellow whose phone number ends with9934. please go ahead . you may need to press á62 unmute. >> my name is the old gordon calling in to address the appeal and the lost resorts patio. and a homeowner across the street at 810 york street and

lost resorts is a great neighborhoodbusiness . it's aunique small business . it has a vitality to the neighborhood. they felt a lot to increase th neighborhood character and give us a place to gather . as someone wholives across the street i never hear noise from the bar . i myself have stopped by for a drink or a bite. i hope that this board and other businesses. [inaudible] it adds to the character of this area. i've chosen not to eat indoors or drink indoors until things get better ... [inaudible] it's

part of my community and i would not want you to take that awafrom the community . don't let one neighbor take it away because of the character it gives to our city . i frequent greatlocal restaurants and other businesses . it's what a lot ofus love about san francisco . [inaudible] if i wanted a very quiet quiet neighborhood i would live in the suburbs. it's what makes san francisco still the city and i hope you allow it to remain that way . please reject the deal and allow this going forward. >> we will now be from the caller whose number ends in 5189. please go ahead. 9489.

yes, go ahead. >> my name is jeremy and i've lived in san francisco for 17 years now and i am asking you to reject the appeal and approve this project. i think that as we go into recovery, we're going to have a lot of trouble with our small businesses. a lot of them havebeen struggling to hang on and we need to do whatever we can to support them . make sure they can stick around because we really without our small businesses, we lose a lot of what makes francisco san francisco . i think we ended up in a position where we have the default of saying no and adding more and more restrictions on businesses and we need to have the opposite approach where we take a more permissive approach in general businesses that want

to do interesting things that make theircustomers happy. i think if people live in a city , there's some element of expecting you to get along and be willing to accept the diversity of businesses, of people . that's what makes us whowe are as san francisco . so i hope you reject the appeal and allow this business to continue to servetheir loyal customer base . >> thank you. is there any furtherpublic comment on this item ? please raise your hand. i don't see anymore so we will move on to remodel . mister presley, you have 3 minutes. >> the only thing i would say i guess is i want to be clear. i've lived in sanfrancisco since 2003 . i've lived in this house for 70 years and wasfamiliar with the prior bar establishment .

i understand what it's like to live in an urban environment i never had an issue with the jmp club. it was fine. i'm just saying the modifications were made to this establishment in particular this awning has significantly magnified the sound to a point where it is truly a nuisance. and i understand all the challenges the bar is facing. i get it. i personally also want to eat outside and sit outside. the bar also has seating in addition to this and we worked with edc during the permitting processand were told that sound should not be audible within our home . that just has not been the cas particularly with this awning. having said that , i feel like i can see where the tide is

going and the last thing i would say is that no outrage has been made from this far to help mitigate this issue. the only moment where they reached out to me was when i appeal this permiti guess i'm a little skeptical that any change will be made . thank you for your time and i appreciate all your dedication and contributions to try to keep the city running well have a good night .>> we will now hear from the permit holder, mister valentine. >> i'd like to speak directly to the appellant and say that i'msorry if you feel we haven't been a good neighbor . that's not the case. we've been struggling to figure out how to get to the next day and operate a business and stay alive and keep our employees

employed and approved our first email will be to you to figure out a way we can work together that creates an awning that will work for you your house and living. it is notour goal to be a nuisance . it's our goal to be a great addition to the neighborhood and i'm sorry ifthat hasn't been something you feel is the case . i didn't know how toreach out to you . we have come to your house a few times and tried to talk about things that we didn't know how to solve the problem and we kept getting things coming through city agencies versus coming to usdirectly and havingconversations . it's something we welcome and we'd be happy to work out a solution . by nomeans do i promise we will be perfect but we will do our best . i hope wecan approve this permit . it's important for our business and ability to stay in operation is something we take seriously with regards to being a good neighbor and everyone on the stall as my word and brad and i will try to find a

solution with regards to acoustical standpoint or blocking off thatpenetrates . we will stop there and go from there and continue to work with todd . aslong as you can have that we are neighbors and we have to work together there'sgoing to be somenoise , we will do our best to get to a place that you can be happy and wecan operate in a successful manner . that's it for me .>> does the planning departmenthave anything further ? >> no further comments . >> how about dbi. >> no further comments. >> this matter is submitted. >> president: i will start first. if you don't mind, we had a bar similar to this afew months ago . the big difference was the use on the back patio was not permitted . the work that was done was non-permitted . and in this particular case, first of all sound is very tricky .

we've heard this through the years. especially when there's alcohol fall. these operators in my opinion have done the right thing and gone the direct path to achieve this permit. it would be nice if the permit holder does honor that agreement and reached out to the appellate after but the entertainment commissioner has been out there, abc has been out there unannounced and on one occasion on saturday evening so in my opinion i believe the permit was issued properly . any othercommissioner would like to comment ? vice president swig. >> vice president: i'd like to take somethingout of your playbook . i agree with everything you said . it's a tough situation and the slides will change in aphysical structure and do things that

are unexpected . i like the attitude of the permit holder and wanting to makethings right . the thing i want to take out of darrell's playbook is a reminder that as we say to all those who have to live together after they come to a hearing like this is that you have to live together aftera hearing like this . have a long life and i hope the bardoes very very well . i hope the appellant lives in peace and and as much quiet as he can get. it will be nice if there was frost between the two parties so i would encourage the permit holder to live up to that promise of reaching out and also investigating measures of insulation and acoustical mitigation under the circumstances. but i agree with commissioner harness direction.

>> president: if anyone doesn't have any comments i will make a motion that we deny the appeal that the permit was issued correctly. >> we have a motion from president honda to deny the appeal on the basisit was properlyissued . on that motion, commissioner lopez . [roll call vote] that motion carries 520. thank you. we are now moving on to item number six, appeal number 21 103 cityview restaurant incorporated versus department of building inspection. property is 665 clay street and 662 commercial street. appealing the issuance on october 29, 2021 to chinatown

community development center of an alteration permit . install ground-floor concrete moment frame on rear wall to complete mandatory unreinforced masonry buildingretrofits under 4099 and associated connections . designed for sf building code 4 a and 4b. correct bolts with a direct irregularities and accessibility upgrade . permit number 2019 10 25 5615. mister legal will be addressing thepoor. you have seven minutes . >> thank you very much. i'd like to clarify it's not our intention to appeal that original 2005 permit. that permit was issued on a cooperative basis after a great deal of back-and-forth and discussion. between both the permit holder and the restaurant.what we are concerned about is this

most recent complete revision of the approach to the seismic work on the commercialstreet side of the building . if we look at the statement from the engineer which is the second page of the calculation sheet perhaps we could screen that at this time. alec, are you ableto do that ? >> you can. >> could you go ahead and put that second page? there we go. this is how the justification was put to the building department in 1991. to change the permit that had

been issued in 2005. to do a wholesale redesign of the seismic work that would directly impact the front of and dining room of the restaurant. i'm not going to have the time to go through in full detail but you will see in our brief that many years ago, this building was sold to the permit holder by mister john yee and at that time negotiations were undertaken under the supervision of judge david garcia.and an agreement was reached to effectuate the lease terms in the lease between the

restaurant and permit holder which require that any construction be carefully considered and that the restaurant ... i'm sorry, that the permit holder use its best efforts not tointerfere with business operations of the restaurant .under that negotiated agreement supervised by judge david garcia , whitney jones and die, the two designated representatives were able to move forward and as this document admits cooperate and i huge event of work that did impact the restaurant for a great deal of seismic work at this building. for reasons that were not explained to us at that time, see cdc abandoned the job and did not perform the work involving the steel frame