conditional use applications. the requirement would be a coverage in capacity data evaluation to be performed by a third-party evaluator. similar to the current requirement for the board of public health to evaluate radiofrequency a mission reports submitted as part of the application process. in december, the board of appeals heard the case about 20 -- of larkin street and mission street wireless communications conditional use authorizations approved by this commission. the appeals challenged the accuracy of the data, maps, and conclusions submitted by at&t. supervisor we recommend the uses be approved subject to a condition that requires an independent evaluation and determine the mat and data submitted by at&t are indeed accurate. the board moved the planning commission adopt the condition as a standard procedure for all wireless conditional use applications. therefore, the department, and in consultation with supervisor wiener recommends you amend the guidelines to include an independent evaluation to it condi

on a conditional use permit. that permit on which they were based has been vacated by the superior court and that was based on -- was not based on 185 and therefore not limited to historical uses. this is limited to historical uses. finally, he asks to leave this issue in the hands of the abc and that is incorrect. section 105 requires the city, not abc, not to issue a c.u.p. and that includes not allowing an increase in the number of bars. based on that evidence in the record, for the city to allow more than two bars would be an intensification that would violate this and would allow license when there never has been one and that would be an enlargement in violation of 185e. it should be limited to two bars and 1-8 daily permits and limited catering. president miguel: thank you. you have already spoken. thank you. just leave it there. thank you. >> good afternoon. i live at 12 01 california st., within 300 feet of the masonic. i have participated in all of the previous proceedings involving the temple. when the

conditions. for me personally, i think late- night food between 2:00 and 6:00 -- late-night food between 2:00 and 4:00 is very important, especially for people coming out of the bars in that area. i am not for them closing between 2:00 and 4:00. if there was going to be any mitigation that i would consider, it would be between 4:00 and 6:00. certainly not 2:00 and 4:00. does anyone else have further discussion? president newlin: i see the point of the concentration between 2:00 and 4:00. people are looking for an alternative place to eat that is affordable. there are many already. jack in the box is an affordable -- it is unfortunate. when i went to san francisco state, i was eating there as well. my brother and sister lived around the corner. times have changed, obviously. nightclub owners have stepped it up. we have had to make a lot of concessions and changes. if the place is shut down, it is quiet. at the same time, we have a responsibility to the people that do patronize some of the business

in that conditional use.i understand there are entertainment commission conditions, but i'm happy to see that included. one of the things discussed was something about huntington park or making sure people don't enter huntington park and perhaps that is the line which we can include to make sure the security people direct people away from that and i like the off-duty officers for the 1200 presold tickets. our fellow commissioners have had upon the fact that it's difficult to ascertain 8 #about events of the past years and this facility is operating -- if we continue this item, don't they get to operate as they currently are? >> yes. commissioner borden: so the only way you get that is through conditional use. they can continue to operate as they have been operating. this should be providing more assurances to the community. this application is obviously different than and not the same as the previous application we considered, which had different ramifications. i think commissioner fong brought up the case th

>> that is in condition 29. commissioner antonini: i did not read that. >> condition 30.>>commissioner antonini: presidt miguel help us understand the basis for the numbers we're seeing. the zoning administrator point out that number of events per year vary greatly between 2003 to the present. there was one year where we had as many as 77 live events and one year where we had up to 332 total events. other years were close to that same number. as was pointed out, there are currently no limits. what ever happened to be able to sell in that particular year was the number of events that were going to have, both live events and total offense. now we're putting restrictions on. there is no rule that says you have to take the average. the average for the median is somewhere in between. but i did not hear a lot complaining during the years when they had the highest number when they had the highest number of events, not there could ha

so is mine understanding that by granting a conditional grant with possibly some extra conditions on it to you, you would be able to maintain your use. it is conditional. this is what i do not understand. if the three years is going to pass and the grant is conditional, and you're not operating, does this preserve your entertainment use? >> we believe as long as we're moving towards, we do dispatched toward reopening place. >> any conditional grant we give you will expire in nine months if you have not come pleaded construction. you'd have to renew that permanent. >> we will come back to the commission. commisioner joseph: thank you. >> how many square feet are you talking about? >> the entertainment facility will be 4500 to 500 square feet. -- 5000 square feet. >> does that include the restaurant? >> that is the ground floor and around mezzanine. the restaurant will be another 4000 square feet. the rooftop garden will be half of that, too thousand square feet. 1800 square feet. >> you are changing the exit from the -- onto seventh street. >> that is correct. in order to provide a bu

the conditions can't be met. the second reason is the criminal statistics and we have a big disagreement. officer moore went back and looked at the statistics and said there's only 37 incidents, most are fights that occurred in the last two years which contradicted what we heard at the cpap. but of the 37 incidents, they do include albert bar tell who is the marineanex-iraq veteran who sits in a coma in sacramento because he was founded by a fight at jack in the box. >> next, please. >> commissioners, commissioner lee, staff that came to meeting, i want to thank you for coming out to the richmond rticipating an also commissioner anaconda who is residents.sten to the and you saw first hand how the heard from each of the you neighbors including two bars, the would youbelieve and e hertz across the street from jack in the box and you heard from the motel that was on the corner across e street from in thebo all were saying the same thing. that since jack in the box has been closed at2:00 a.m., the neighborhood had a

and also i would also add a condition. they should have whatever the appropriate advance period of * other note what events are coming. no. 2 that the off-duty police officers or other security officers would be required, if we have over 1250 presold tickets, the number would be what is a program. this would be the province of the entertainment commission to decide how many officers would be necessary for the size of the crowd. already i am hearing that there is no use to put a condition about ending alcohol sales. it is in there. that would be a marker would be put in the line, if someone has been waiting for five minutes ago for. however there would handle that. also policing of huntington park is in there. that would be my motion unless other commissioners have additions they feel i have left out. >> second. the only tinhing is live nation continue to work with the community to make sure that the area, there is a joint effort to work with the other major businesses in that area as well as the community around policing a

the recommended conditions do not at this time include the new condition.we felt it was a little premature to put it in before the commission had decided to impose it, but you may wish to add that to the conditions of approval. i would be happy to answer any questions you may have and here is a copy of the letter about the mailboxes. thank you. commissioner miguel: thank you. project sponsor? >> good afternoon again, commissioners. i am it also still here with bill ham at -- hammett. at&t is seeking your approval on a conditional use permit for 387 grant ave. six antennas would be placed with a new radio frequencies designed to resemble the roof top vent pipes, completely transparent. nothing can be seen from the street. three antennas will also be placed within a new radio transparent brick material to resemble a chimney with vent pipes, have -- hats, and to the surrounding neighborhood. the necessary equipment cabinets would be located outside of public view in an internal storage room located in the basement. it is a preference 5 location, as stated, and

staff should note the commission may consider whether to have such conditions as part of the conditional use approval. staff has received a substantial number of comments from the public eye in opposition. the most commonly expressed concern is traffic, noise from patrons and loading, parking impact, crime, vandalism, and public drunkenness. several comments or raised questioning the accuracy of the information regarding the historic frequency of events at the center. staff has received letters in support of the project which stressed the importance of the masonic center as a venue for the spectrum of activities. in considering this project, staff considered the potential impact. staff has considered the importance of the masonic center as a venue to host entertainment, cultural, and civic events of importance to the region. the plan stresses the importance of sustaining such events. i should make one note to with respect to the staff report in motion that was submitted. regarded -- regarding the termination, the request for the cu -- it reflects no change in existing physical conditions

they say protesters have violated permit conditions. workers at american licorice company are protesting this morning in front of union city. protesters are striking. he can see them carrying picket signs. >> we feel really bad because most of us have been working here for more than 15 years. >> they make 16-$18 an hour. this situation comes with the economic troubles we are facing. meanwhile they will stay out here until there is a resolution. as you can see there is still blocking the entrance way. >>mark: we're back with more in just a minute. >>james: it is drive for the rest of the week, into the weekend and into next week. this is pretty typical for this time of year. we are looking for more rain and snow we needed, especially in the sierra. it is unbearably dry out there. there is no snow inside on the horizon. jeff book took a look at how the businesses are being affected. >> winter sports are less available. many resorts have shut down and are hoping for a late winter storm. ski rental shops are empty hotel rooms are vacant fed

to answer some concerns -- that is without the condition. we can talk about whether or not to include the conditions. i am in favor of the project. i think to answer concerns, in reading the literature, the same thing applies as always does with these. we had a mention of around a 40 foot area at which most of the radiofrequency emissions are. beyond that, they are negligible. i think for those who may have concerns at street level, the measurement is well below what is deemed acceptable. that is fairly standard with any of these. as always, correct me if i am wrong, but we go back and these are evaluated against existing commissions to make sure the are consistent. you can answer this question, but i am pretty sure that is what is going to happen here. when there is testing after the installation goes in to make sure it is being presented, a cumulative effect is taken into consideration. >> absolutely, before and after. and after 10 days, we test the facility and report back to the department of public health. every two years after that, we

and approve with conditions some of the other conditions we're proposing that were left off the deck, the project sponsor had promised they would remove it to well over a year ago. it looks into one of our bedrooms. it is illegal. condition no. 5 would be to construct the windows on the north side elevation to the scale in the drawings. no. 6 would be for the window should not be constructed in-that resio step over the windows themselves and use the roof of the legal structure, current legal structure as a makeshift desk. condition no. 7 would be to reduce the size of the illegal construction by four feet so there could be a passageway for purposes of fire access. the fire department came, i had to let them go through my property and they were shocked to find that there. they did not know it was there and they'd said this was a fire hazard. you can only have 18 inches to be able to go through. condition no. 8 would be that the west side collation should be free of windows and the wood side would be restored. there is a fence that would be restored on the west elevation as well. also t

it is not a conditional use. it prevents us from weighing in. >> that is as far as i can advise you this evening. obviously, i will get to this further. but i have not had this issue come up in the past. >> as i understand it, he recommend they don't make it a condition of approval at this point but you urge the board to urge the abc not to grant the license. president olague: yes. sort of a soft -- ms. herbert i am looking at you and wondering what you are thinking. >> you are urging the board to request that the abc not grant the liquor license to cvs. president olague: correct. that is all we are doing. >> that was a part of the motion. if they do this, they limit the hours of the sales. >> there is one action you are saying on the c.u. and one action you are saying where there would be correspondence to the boan a separate process which was the application for the liquor license and. president olague: right. i wanted to be clear that what we are proving today is the project as it is currently proposed. to req

this conditional application and this conditional grant is conditioned on you coming back and getting another conditional grant. >> president newlin: do we have a second? we have a second. >> was there second? -- a second? president newlin: same house, same call. goodluck. -- good luck. next item. >> the applicant asked for a continuance but i do see people here who of showed up for comment. if you would like to comment, please feel free. two minutes. >> i am brad anderson. i am a marina resident. last week i sent out a spreadsheet to my neighbors with contact information. my neighbor give it to his neighbor who sent back the same morning that she got mugged a week ago today at 9:00 on scott street walking down from chestnut. i am concerned about the neighborhood. to cite another example, a neighbor on scott street can tell -- complained about a party bus where they threw trash out in his neighborhood and talk to the bus driver about it. the passenger pushed the homeowner. i tried to stay involved and i frequent a lot of establishments in the marina. my concern and have heard it menti

indeed n -- in the ncd, this is in a conditional use, unless you have already authorized conditional use the previous three years. then, you might be precluded. but i do not see any reason that would be. you were told it would be great public benefit because they will buy a liquor license. there is no other way to get a liquor license in san francisco. abc does not issue more liquor licenses. there are too many. they have to buy one somewhere else. commissioner antonini correctly stated you needed to pay attention to other signatures. i am presenting you with a copy of what they sent out. they did not do public outreach they said. none of them came to lower poke neighbors, where they said they got approval. the did put a round in the neighborhood something that said nothing about liquor licenses or noise, but said you need to get this restrooms so we can have a grocery store. commissioner moore: may i make a suggestion? i find public comment extremely valuable. i would like to ask everybody to listen to her when she steps up, and in addition to her name, reference the projection is t

so is mine understanding that by granting a conditional grant with possibly some extra conditions on it to you, you would be able to maintain your use. it is conditional. this is what i do not understand. if the three years is going to pass and the grant is conditional, and you're not operating, does this preserve your entertainment use? >> we believe as long as we're moving towards, we do dispatched toward reopening place. >> any conditional grant we give you will expire in nine months if you have not come pleaded construction. you'd have to renew that permanen

clear conditions south of the golden gate. in places like mountain view and redwood city, crystal clear conditions. as the focus in on the visibility charge, 2.5 mi. of visibility in santa rosa. we are below freezing in santa rosa. 38 for those of you in san jose. future cast 4 shows by 8:00 a.m. a mixture of thirties and forties around the bay area. the upper 50s for half moon bay. your 7 day around the bay forecast shows a lot of '60s. mostly sunny skies as we head into the weekend. mild conditions as we continue the next work week. >>george: we have some slow traffic on the james lick. there is a stall northbound at vermont street. none of these lanes are blocked. there is nothing southbound. is the northbound stall that has created the delay. we have not tracked in the hot spots. the best ride of the week so far today. we have green on the road with sensors. there are no problems for the highways. in the south bay, a little bit of slowing 101 northbound. a little bit of slowing and to 80 northbound. that is just congestion

i think the conditions explain it well. and the restrictions of how it is died to our mission of serving the community and supporting the community through our arts effort and how we support the committee through various other organizations like the ballet and other community rental organizations. we want to thank you for reviewing this today. that is all. supervisor chu: thank you. are there other members of the public who wish to speak on item number two? >> good morning, supervisors. my name is douglas yepp. i'd like to oppose this item, basically for the same reason, it is a brand new liquor license. in that area, i think we have plenty of places for patrons to buy liquor. i am kind of surprised that business owners do not oppose this because of a certain sense, if you're going to sell liquor at the theater, that means you're not going to get new business from the surrounding merchants. i am doing it more as a theoretical idea that this area has too many liquor licenses already. in a certain sense, it is kind of relevan

there are some serious conditions and serious worries about dry conditions as well as what california fire is doing. that is one of our developing stories. 65 is the high for today. third hopefully we will see some snow and rain in the forecast, and we are approaching mid january. >>justine: @ gerge rask phone will be the first hispanic district attorney. he won the election after being appointed district attorney in a year ago after being appointed by gavin newsome serious gas lawn is a place in family harris, as well as and feinstein, they are expected to be there. the duchess of cambridge, cape middleton is now starting to carve out her own public role. she has revealed a group of organizations that she will be supporting. they include an art therapy program for disadvantaged kids in a nationwide addiction treatment that were furious she also announced that she will be volunteering with the scout association which is similar to the boy scouts and girl scouts of america. good news this morning for all of sales. out on sales of more than 3% last year. this is the first gain since a 2

conditional use operations are subject to appeal. the conditional use authorizations would be for individual parking lots on a two -year basis. it is possible they could possibly be in your queue. i also expect this to be an enforcement issue. at a bare minimum the two-year time for conditional use authorization should be extended to a least five years as recommended by staff, preferably longer. however, instead we respectfully request that this commission respecrequest the board to let t conditions dictate if and when it is appropriate for the parking lots to be developed. for some that may not be the case. for example, the nordstrom parking lot that was specifically for that purpose. i would also like to say we look forward to have the opportunity to meet with supervisor choose office on this. i think that will be really helpful. thank you. >> linda chapman from nob hill neighbors and the coalition for san francisco neighborhood land use committee. rose began talking about this, some kind of special provision, something we really n

jack in the box find these conditions acceptable. i'll let them tell you if i've misspoken on that and in fact they've adopted many of them prior to coming to the entertainment commission. as you know, the conditions that you add are most useful and effective when the complaints are specific and when there's a nexus between some negative behavior and the operation of the business. in this case, not that many of the complaints have been specific and related to the business operation between 2:00 and 6:00. so far our concerns expressed include, quote, nuisance, noise, litter, and crimes that drain police resources, quote. of course these are valid concerns for the entire neighborhood in general and residents do have legitimate concerns of our neighborhood safety and many expressed the neighborhood has too many bars, too few police, and too much noise. but it's difficult to see how these concerns are spesket to the 2-6 hours operation of this business nor have been been supported by evidence. even when the complaints are supported, as y

i can read that condition into the record. commissioner moore: i wanted to address that, giving you the word first. if we are creating a larger level of comfort for the public that there are new checks and balances, this is supported by the supervisors, has been initiated by us for the last 18 months. this being right in front of us at the beginning of the new year, i would strongly support that we do that. i am making the comment as a generic, and for other project of a similar kind in front of us today. scott sanchez: i will read the proposed condition, which states use is authorized as long as an independent evaluator selected by the planning department determines the information and conclusions submitted by the wireless service provider in support of its request for a conditional use are accurate. the provider show fully cooperate with the evaluator, and shall provide any and all data to allow the evaluator to verify that the maps, data, and conclusions about service, coverage, and the capacity are accurate. the independen

you have before you to request for a conditional use authorization to modify the conditions of approval placed on the existing residential care facility in motion number 14958 to allow for the construction of a one story brick addition that would add rooms for a caretaker's unit to the existing facility. it would add approximately 1150 square feet to the building and would contain bedrooms, a bath, and a living room. it would not add an independent dwelling unit or increase the facilities overall number of patients. the property is located at 259 broad state -- street between capital and orizaba. the facility operates as the merced facility and provides long-term care for 12 individuals with alzheimer's or other forms of dementia. the sponsor presented a similar project to the commission that was approved in may 2011. the project was proposing to construct a third floor addition that would add an independent polling unit to the property. in making its decision, the commission found the addition of an independent dwelling unit would greatly increase the development intensity of the site

with all the same conditions plus the additional condition that at&t, at its own cost, submit underlying data, to an independent expert selected by planning based on input by the parties who have signed a confidentiality agreement and then that independent expert would provide an opinion one way or the other, whether there's a significant gap in coverage. if there is a significant gap in coverage, then the project will move forward. if there is not a significant gap in coverage, the project would not move forward and we would at least be basing it on objective data, so that is my motion to amend. president chiu: so supervisor weiner has made a motion to amend the c.e.u. is there a second to supervisor weiner's motion? seconded by supervisor cohen. supervisor wiener: and i will submit that language to the clerk. president chiu: any discussion on the motions? supervisor campos. supervisor campos: thank you very much, president chiu, and i thank supervisor weiner for making that motion. i understand where the motion is coming from and i understand that, in some respects, it's consistent wit

you have to feel for condit because he made that error.ut there were other errors that would have won the game. >> i really thought condit was going to be the difference maker. the ravens had a chance to tie the game with 15 seconds to go but bully condit from 32 yards out, boots it and he misses. a makeable 32-yarders. so the patriots hang on to win. yes they're going to the super bowl. so much disbelief and disappointment for the ravens, condit addressed that missed kick. >> i think we'll just, try to keep things simple. and i think i've kicked probably a thousand times in my career. and went out there and didn't convert that's just, the way things go. and there's really no excuse for it. just didn't go. >> a little bit earlier he goes, i have kids. the sun still shines tomorrow but that's going to eat at him for a long long time. >> maybe a lesson, something he can teach his kids from this. you have to keep your chin up. it was a good season. >> they can come back next year and be a great team. >> stay with wjz. coming up tonight at 11:

we will see colder conditions and cloudy conditions and will weather as we head into next week. in the meantime, we will enjoy the sunshine and the relatively warm temperatures. like i mentioned earlier a bit cool down in store as we headed to sunday and the start of next week. here at the traffic center is a quiet morning. i have been checking with the chp and no major accidents, traffic is flowing freely at the approach to the bay bridge toll plaza. this ride is just 89 minutes from the foot of the maze to fremont street. over at the standard tale bridge, traffic has a lot of space in between cars and no delays at the toll plaza in the westbound direction outports foster city. here is a look at the golden gate bridge south bound 101 shows traffic moving at the limit. a quick check from my traffic map on the peninsula show the bayshore freeway is accident free and the same goes for interstate 280. all of that green on your screen indicates speed over 50 mi. per hour. >>james: the trial resumes for joe sims--joseph naso. prosecutors discovered what is called a rape journal in hi

as we take a look at conditions from the mt. tam cam partly cloudy conditions into the overnight hours. heavy fog on entire stretches of highway 101. check out the livermore valley. along with the fall we are contending with for the chilly temperatures. 30 degrees for those of you in santa rosa. oakland is already at 48. 50 for those of you and half moon bay. a good mix of upper 50s and low 60s, slightly cooler than yesterday. your 7 day around the bay forecast shows a lot of sunshine as we head into the weekend. pretty mild weather with temperatures in the '60s. we're looking at a pretty dry weather pattern into the middle of january. >>george: we are looking at a pretty good traffic pattern cents before the holiday. we are still dealing with somewhat lighter the usual conditions around the bay area. this friday morning we're hot spot free, the late free and incident free. it is moved traffic regardless of where it is your headed this morning. at the bay bridge toll plaza, the westbound ride is easy. the approach is our problem

everywhere else, clear conditions. in terms of temperatures, 32 in nevada, below freezing in santa rosa. check out half moon bay. coming in at 50 degrees. by the 8:00 a.m. hour we will continue to see a good mix of thirties and forties around the bay area. as the advance closer to the afternoon, the light blue indicates everyone staying in the upper 50s. 61 on tap for nevada, 59 in downtown san francisco. in a lot of sunshine as we head into the weekend and at the start of the next work week. we will be quick enough to pretty frigid mornings. and >>george: there are no hot spots, delays or problems. fog only of the golden gate bridge. for the volume is building a bit, but problem free. the san mateo bridge ride has been great. again, the volume is building up but no delays towards foster city. here is a look at the camera at the toll plaza. this is the only bridge where fog is a concern. the east bay ride looks good. problem free. south bay freeways are still showing green the peninsula right has been pretty good so fa

different soil conditions. for the benefit of our board members, we asked a series of questions and answer them. where the schedule impacts reasonably preventable? was there something that could have been done to avoid these? the answer is no. we think that the staff and their consultants took reasonable precautions and did reasonable work during investigating the site conditions. you had been hit with a combination of issues and the magnitude of those issues that could not have reasonably been foreseen. did the puc take appropriate actions in response to those conditions? again, we say yes. you did the right things. the calaveras dam is the critical project at this point in time. if that goes along, that will extend -- if that those long, that will extend the completion date of the project. in answer to the question of what we're doing, we have been investigating a number of issues for several months. we were confirming our findings and conclusions with staff for following up on issues that we did not understa

we have warm and dry conditions for the weekend. and take a look at what is happening right now. 51 in san francisco, 46 concord, 51 in san jose. it is just a touch cooler this morning than yesterday. yesterday this was all 50 degree weather. here is where we expect high temperatures to go, mid-60's in oakland, 63 san jose, about 64 to 63 degrees through much of the inland valleys. across the north may use the temperatures ranging from 62 all live to 67 degrees in santa rosa. we have a nice warm day with some decent sunshine. that is a live your weather and we will have your extended forecast coming up. >> darya: our team coverage continues. jackie sicily is there to take a look at the weather. >>reporter: good morning darya, this is north bound 880. patches are very dense. sometimes less than a quarter mile visibility. i know there is not a fog advisory on the bridge, but if the chp decide i think they will issue one if you are out here driving be aware there are patches of very dense fog. >> darya: let us go to george to continue

there are pretty clear conditions. one last check of our traffic map, conditions look good. does not have any accidents to report. the bayshore freeway looks well them both directions we are currently problem free for interstate 2 in zero. if you're taking public transit it looked like your good to go. >>james: san jose police have arrested four men on suspicion of possessing child pornography. these four men were all taken into custody during a sting operation and now neighbors of some of the accused men are speaking out of their fears. >> it is very concerning because we have two small children and being in a neighborhood with something happen like that so close to home it is a little unsettling. >> i just thought it was a safe neighborhood i never thought we have anyone that would involved in that type of problem in that neighborhood, but yes that really concerns me and i hope that they take steps that are necessary to take your the problem because i do not feel safe. >>james: if convicted the suspect place--faced three months to one year in jail. police will now sleep a