my name is gloria smith. i'm an attorney for appellants. and appellant megan would like to speak for about three minutes on the impacts of this project and then i will get back here and talk to you about ceqa. >> my name is megan shael and i live 07 feetaway, directly across the street from the brickyard at 1792 union street. i've lived there for 22 years, maybe going on 23 now. and during that time, there's always been a bar across the street at the same location that the brickyard is in now. we've -- at least i've never had a problem with noise there previously. but unfortunately, the way that the project is proposed to be constituted right now for the brickyard -- ok. can you hear me better? sorry about that. do i need to repeat? or am i ok? so anyway, the way the project is proposed right now at the brickyard is they have taken off the front of the building which was the front wall of the building. it was a glass wall. and are creating an elevated deck which is about i think 5 1/2 to six feet above ground level. and you'll see in pictur

. >> my name is gloria smith on behalf of appellant. thank you, president chiu, and board members. appellants are not here today because they want to shut down a small neighborhood business in their community. they're here today because they need planning department's help on finding resolution between the tremendous noise that's coming from the big brickyard and their ability to live harmoniously on their street and in their homes. unfortunately, there is an existing process that we have that would allow the community, the city, and the brickyard to come together and resolve these problems, and that process is ceqa. but for whatever reason, the planning department has decided to sidestep ceqa and has chosen not to investigate the -- chose not to invoke ceqa and is exempted this project from environmental review. ceqa does allow agencies to exempt certain projects. when they can show conclusively that there's no possibility of environmental impact flowing from the project. and specifically here, planning department has recommended a class one exemption which covers minor modificati