your conditional grant should be conditioned on the completion of that as well as any other conditions that you might want to impose. vice chair joseph: i'm sorry. forgive me, but why would we consider a building permit that has nothing to do with the place of entertain snment >> because the planning department asked that we do that. commissioner meko: because the planning department considers it related to the conditional use approval which must be in place before we can take any action on the place of entertainment approval. vice chair joseph: is that odd? do they always do that? >> they often try to get -- all departments will do that, to try to use other departments to make sure that everything that needs to get done gets done. meek t's crossed and i's -- commissioner meko: t's crossed and i's dotted. >> that's it. staff is asking approval inclusive of the conditions as well as the one that i just confused you about. vice chair joseph: ok, got it. president newlin: anybody here from the club -- anybody here from the club? >> good evening, commissioners. jeremy paul on behalf of reg

conditional use was granted. in light of that, i don't think it makes sense for us to approve an additional conditional use. if they haven't been able to comply with something that they should have complied with over a year ago, i think that is problematic. i will make a motion to move forward item 43 disapproving the planning commission's position relating to a conditional use and item 44 which directs the board to procure findings relating to the conditional use application. president chiu: supervisor campos has made a motion, tabling item 42. seconded by supervisor mirkarimi. supervisor elsbernd: i just want to make sure that the findings, this is a simplistic way to say it, the violation of the previous conditional use. the findings are not about -- we are talking about the maintenance standards. is that the motion? president chiu: what the political rollcall vote? -- why don't we take a roll call vote? [roll call vote] >> there are 10 aye's. president chiu: decertification has been reversed and at this time,

that being said, with the agreed conditions as stated, including the conditions agreed upon by mr. knowles, which we are very grateful for, as well as the hours he agreed upon the other evening, as well as ms. jackson's proposed review. i share support as part of the valencia neighborhood association and the hoa, hopefully adding a second 12 months hearing to review concerns including quality of life, security plan implementation, noise mitigation, and hours of operation. we hope to live as one in the neighborhood. but my husband's and my bedroom window is a stone's throw away from the outdoor facility. we hope everything will go according to plan and that we will not need that. but we do ask that it will be considered for review so that we can live comfortably and our quality of life is not disrupted. president miguel: thank you. >> james howard. my wife and i lived adjacent to the property. i support and welcome the project to our neighborhood. it is a very exciting project. i ask that the commission consider the scale and scope of this venue. there is nothing comparable in the a

the building is in very good condition. most importantly, and it is compliant with the tenants wisely chosen. i am confident that our new neighbors will be a good addition for us. at this time, i would like to add that we urge you to approve this restaurant. they have already invested a lot of money in developing this restaurant idea with the hope that the city will really carry out this objective of bringing the full-service restaurants to this area. we plan to be good neighbors as always. thank you very much for your time. commissioner miguel: is there any public comment on this item? if not, public comment is closed. commissioner sugaya. [laughter] commissioner borden. commissioner borden: i move to approve the conditions. commissioner miguel: commissioner antonini. commissioner antonini: it looks like you are going to have a 41, not a 47. that's what it says. i think it is permitted to whether you want to have it or not. i think it is permitted. we should be clear it doesn't make any difference. >> commissioners. excuse

this is speaking to the conditional use appeal rather than the ceqa. conditional use permits -- a property owner has three years to pull the permits and build whatever that are going to build, use the property however they are going to use it. the condition of approval, unless the planning commission specifically put in deadlines for when certain been cut to be completed by -- it is all within that three year window. however, in the case of clear wire, to back up -- with the 2008 team mobile -- tmobile conditional use, the owner was required to do certain things -- to legalize all the antennas, to do landscaping and improvements. they pulled the permit to do the landscaping. they pulled it as it was issued. the department may not have started construction, but the building permit has an expiration. as well. in terms of the clear wire one, assuming this was not appealed and that a cu was issued, they still have to file a building permit to install these antennas. what we do at that time is double check the original conditional use and make sure that all

there's another condition regarding security. and since our venue is very small, and we're really looking at like a tourist or something accompanying music to people that are dining, we're not selling tickets, there's no promotions going on outside of that, we might have a d.j. again for a company, -- to accompany music during dinner. but we will not be having lines outside and i'm totally in agreement with that. but the security guard would probably -- more money than we would generate. during the event. so these are the -- these are the conditions. and the menu items, the restaurant -- operating a restaurant is very expensive and we have a full sushi menu to carry this on all the way through midnight, 1:00 or whenever, is extremely expensive. i would suggest a limited happy hour menu, something we could have one employee do in the kitchen. and if that would be reasonable with you. outside of that. >> yeah. i'm the building owner. and i wanted to shed some light on these issues. you know, the lingba lounge went bankrupt. the sal

as far as planning was concerned, the earlier conditional use conditions were in the process of being complied with. in terms of the existing conditional use on appeal today, we have the building permit sitting upstairs. that could always be held and will be held if this is upheld until the earlier compliance issues with the overall site are taken care of. supervisor campos: if i may, through the chair -- specifically, did you consider whether or not they comply with section 10 of the 2009 conditional use, which required the preparation and submission of the project implementation report? >> are you referring to the 2000 -- the early see cu? supervisor campos: the earlier cu. >> the maintenance schedule? supervisor campos: the project implementation report which is on page 12. >> give me one second. supervisor campos: exhibit a, conditions of approval. >> i do not believe -- i will talk to erica jackson -- that they have submitted a project implementation report. tmobile did receive their building permit after the initial building permit for the underlying was taking care of, but we d

part of this conditional use itself. this is not about the project, directly. this is about the relationship between the housing requirements and the fact that in this case, this to become a requirement, to build housing rather than to pay for this and i understand that this is because -- in other cases, this is just up to the developer to make this choice at some time. that is most of my question. in weather to see you as the only way that this will get incorporated. >> the department staff -- if the commission wishes, i can answer this question and we do not have to deal with the rest of this. this is a fairly old project, and this is subject to the standard conditions of the approval, that the department used a number of years ago. one of the boilerplate conditions was a fall in whenever affordable housing requirement was agreed upon with the mayor's office of housing. because this has been modified, that is why this is before you today. under the existing interim controls with the affordable housing program, the proj

this revised condition conforms to the e.i.r. and accommodates the one situation where 60 parking spaces may not be enough to meet demand. we do not believe it makes sense to provide valet parking when meetings occur during nonbusiness hours. because the 37 staff parking spaces in the garage will be available during those times to meeting attendees. plus, the e.i.r. disclosed that there's ample street parking available during those times. you recall that the i.o.a. is on the site of a former theater, a 1,300 seat movie theater, with limited parking. so since that was demolished, street parking in the area is more plentiful. accordingly, we are requesting that you approve the staff recommendation and amend condition d-3 as written. i understand that mr. warner from the jordan park neighborhood association will ask you to revie the condition to require valet parking at all times when there's a meeting in the building. we don't believe that's necessary. as i said, there's 37 staff parking spaces in the building that would be empty a

with respect to the prior conditional use. i do think it is important for us to make sure that there is compliance with the conditions that were previously issued, and that basic safety concerns are addressed. i would move that we -- president chiu: at this time, we are only considering the eir. >supervisor campos: with respect to the eir, i would make a motion to affirm the exemption determination. president chiu: that would move item 38, cabling item 40. there is a second by supervisor maxwell. supervisor daly: i would like a roll call on this item. supervisor maxwell: aye. supervisor mirkarimi: no. supervisor alioto-pier: aye. supervisor avalos: aye. supervisor campos: aye. president chiu: aye. supervisor chu: aye. supervisor daly: no. supervisor dufty: aye. supervisor elsbernd: aye. supervisor mar: no. >> there are eight ayes and three nos. president chiu: the environmental review exemption is affirmed. it is time to take up the appeal on the conditional use authorization. we have an appeal on the see you authorization for

we sought the conditional use. this person who had complained did not boggetter to show up at the planning commission hearing. the planning commission granted the conditional use. they wanted to -- because there was new interest in the neighborhood as a result of this notification that went out with the conditional use, they did get some comments from the neighborhood that were reflective of an opinion that something was going to change. that there was going to be an increase of intensity of use, there would be a new amplified sound system, that's not the case. it's an existing sound system. within the past year it's been modified and upgraded, working with c.m. salter, to make sure that there are no problems related to it but there is no increase in the sound output or in the activity. there was a request with the conditional use authorization for us to have live comedy shows earlier in the evening. which was approved. but that would be the only functional change that the comet club would really experience going b

the conditional use permit could be approved. the environmental document could be approved, but if six members find there is no consistency, and the project cannot move forward, even though it is environmentally sound and meets all the requirements of a conditional use permit? >> the legislation has as a prerequisite -- it provides that the planning department, zoning administrator, and all other involved city agencies shall not approve entitlement for medical use unless the medical use has obtained a consistency determination from the planning department or planning commission. the planning commission has the option of finding that countervailing public policy decision justifying a full of that application, not withstanding possible inconsistency with the health care master plan. >> it might be consistent but not been finally approved. i get that. what i'm trying to point out is the reverse. it could absolutely crystal clear, legal under ceqa, a crystal clear under our conditional use guidelines, but if it is not consistent with

commissioner meko: condition of the conditional use, not the place of entertainment permit. vice chair joseph: so they have to come back for an amendment, don't they? president newlin: if we approve it. but you have to stand aside the conditional use permit. commissioner meko: we're accepting whatever it is. president newlin: unless you want to come back. vice chair joseph: come and visit. come and visit. president newlin: very good. thank you and good luck. >> good night, commissioners. president newlin: item 6-b. miles, john, the fishbowl. mechanical music device. >> hang on. this is really a no-brainer. the applicant applies for a permit for one video game, the buck hunter, it's called. at this neighborhood bar on divisadero pine street. they're only until 2:00 a.m. seven days a week. there is no entertainment. they serve some light food. the planning department, i attached, what indicated this is a permitted use on the ground for only and if they want to add more buck hunters they have to go to the planning commission. so they're waiting for their electrical inspection.

one change is the planning department does not recommend conditions 37 and condition 38. many conditions are unenforceable by the department, but the planning department does recommend addressing hours of operation for activity, a dressing hours of deliveries, and an informational planning committee. there is a consultant that can address noise issues you may have. the proposed project meets all applicable requirements. the proposed project supports rezoning efforts in that it will promote the growth of existing small business. the proposed project will provide a venue for a long standing musical group and will complement a variety of art activities present. given the findings, the staff recommends approval of authorization with the suggested changes to the modified modifications of approval. president miguel: project sponsor? >> i am jack knowle. with ben jaffee, i am the sponsor. for a little background on me, i am the owner of a restaurant in oakland the past 10 years. and i also spent most of my time remodeling older retail and being involved in the neighborhoods. i h

strong winds, wider conditions are creating some really dangerous driving conditions for folks out there. temperatures are expected to be in the low 20s in portland. what did that, it doesn't matter which driving when its iced over no one is getting around. police responded to more than a hundred and 20 car accident in the northwest. in a 24-hour the span yesterday. meanwhile there are no flight delays at this point leaving sfo. but we will keep an eye on the airport stunned as maps or we'll let you know anything changes. pacifica, and new concerns about the crumbling cliff. a lot of rain moving to the area is making that hillside unstable again. new sections crumbled yesterday. not too far from where the bid in red take the apartment buildings are still standing. crews are short working to shore up the cliff side. more details on the weather, forecast and traffic conditions available on our website at www.kron4.com keep that in mind if you need to make plans for travel, take a look www.kron4.com click on our weather and traffic tieups. here is a quick look outside as we have to break, a

they are saying that may cause dangerous driving conditions.l tomorrow. this is the worst. the black eyes that is the worst of the worst everybody is slipping and sliding and you can even see it which is the worst part. police have reported to 120 car accidents in just a 25 hour span yesterday. >> homeland security is recommending the carolers system be replaced by a new area. no plans have been finalized and the white house has to saw off on any plans officials say it is not related to the airport security. >> we'll be back with more a couple of minutes let's go back to salt lake city you talk it looks frozen over. the coating of snow and visibility is down and is a big concern. we will be right 6:29 a.m. their opening bell. light on the air macy thanksgiving parade people they're ringing the bell. everybody is having a good time on wall street a day before thanksgiving holiday as a result of the holiday this week is cut short all the economic reports will be out today. today we have heard about new claims for unemployment drops last week. j t

an hour in addition to what conditions. white out conditions.nditions in the bay area, still seeing some scenaristresiduals of charts. py of snow in the sierras. storm tracker 4 all of this blowing the concede 50 and 80 are socked in this note. great weather for skiers. it is pretty cold. 53 san francisco, 51 redwood city and livermore. los gatos 54. i to new highs not much warmer than current conditions. 53 sandra's set in a richmond. 53 vallejo. topping at a 52 in half moon bay. 53 livermore 52 morgan hill. here is a look at your 7 day around the bay. very, cold weather this entire week we have frosted vice three. advisory. highs in the mid-50s we start to creep up in the high 50s by this weekend we do have a chance of rain next week. finally feeling that cold weather. george. >> we have clear that the hot spot, will give you a bridge checked bay bridge is clear, a little wet on the crossing but not much of the back up. your westbound i san mateo bridge from westbound commute, they cleared out. kolinsky, bridge red southbound 101 our last hots

. >> if you're going to zero we will tell you about road conditions and very cold conditions. >> it is a big travel day we will tell you were the hot spots are coming up. >> there are no hot spots in the bay area because we are freezing and colder when i looked at the tahoe temperature i was shocked. >> you have to put it in perspective i guess it can be colder. a clear shot from mt. tam but these clear conditions are actually making for colder temperatures this morning we did break a record in oakland at 35 degrees. by noon '50s your idea only 54. san francisco we actually tighter record. it has not been the school since 1906. by noon 50 year high today 53 back down upper 40's by 8:00 p.m. we have lined up the numbers to let you know where the records are. you can see some records oakland said a record breaking the previous record of 41. san rosa coming in at 31 this morning. below freezing but no records. san rafael 34 malamute 37 so we are either setting records or really close. this morning take a look and some temperatures widespread thirties' right across the bay 29 degrees curre

we recommend the following conditions -- condition one, no noise shall the allowable beyond the area of the control licensee. the petition shall not make structure changes in the premise and interior without prior written approval from the department. condition three, the sale of alcoholic beverages of -- for offset premises consumption is strictly for have it. consumption of on sell alcohol beverages shall be restricted to the conference of the premises. there shall be no consumption of alcoholic beverages on the sidewalk area in front of or adjacent to the premises. four, loitering, defined as standing idly about, lingering aimlessly without lawful business, is prohibited on any side will for property adjacent to the premises under control of the licensee. all doors and windows shall be kept closed at all times during the operation of the premises except in case of an emergency and to permit deliveries, said your is not to consist solely of screen or ventilated doors. with these conditions, we recommend the license for approval, or i should say the premises expansion. supervisor ch