elizabeth waddy, department staff. this is a department initiated request to modify a previously approved conditional use authorization to eliminate or enclose the smoking patio at the front of an existing bar with other entertainment currently known as trigger at 2342 to 2348 market street between castro and 16th street in the upper market neighborhood commercial district. the department is requesting the enclosure or removal of the front smoking patio due to the project sponsor's nonclines with the conditions of approval over the past year. although some of the original noise-related complaints have been mitigated and abated, the news from people on the outdoor smoking patio has continued to exceed permissible levels according to the entertainment commissions sound technician's report which were included in the packet. the project sponsor has had over 12 months to mitigate this problem and has been unable to do so. as such, the department is recommending that the outdoor smoking patio be enclosed or eliminated. based