the application, the paper you submitted, is not filled out. there are many areas that you did not answer. for instance, what are your door policies is blank. describe your plan to control lines. tell everybody to keep quiet? that is insignificant application. i find that this application does not meet our standards. it is just blank. your application is blank. i have a problem moving forward with this application. commissioner perez: you are required to do a neighborhood outreach and talk to your neighbors. you said you did not do any of return on your application. that is part of the requirement. you need to talk to your neighbors to ask about what you are going to do. tell them you are going to have entertainment. >> i posted a sign in front of the door more than 45 days. commissioner perez: that is not enough. you actually have to reach out. vice chair joseph: mr. chang, has any member of the staff of the entertainment commission contacted you about this permit? >> yes. vice chair joseph: when did they contact you the first time? >> october

. >> the applicant has requested to continue this item for two weeks. i don't know if anyone has shown up for public comment. president newlin: anyone here to comment on the black farm permit -- blackthorne permit. a motion to continue? commisioner joseph: second. president newlin: same house, same call? ok. 287 street, place of entertainment permit. >> this is the second time you have seen this item before you. the first time you spoke with the applicant about the lack of detail and discuss the unique situation in this case where a building was used in the area for a long time as an entertainment venue and it has come perilously close to what the planning department might consider abandoning the use in that area where no new entertainment is permitted. the applicant can before you to obtain a conditional grant and at that time you felt somewhat confused and needed further clarification. they requested to come back before you again for the same purpose of receiving a conditional grant. at their request of the commission and i believe or somebody smart we

i will tell you about it since the applicant is not behind me. all sorts of soul food and louisiana style cooking. i'm not sure about louisiana. they do have chicken and waffles and i have had them. commisioner joseph: what is the staff recommendation? president newlin: anybody from the public wish to comment briefly on this item? >> i am a big fan. i read about it in the north side magazine. chicken and waffles but there is a lot more. the have an awesome gumbo. this is a global destination to have this quality food and to be able to get it late is what we brag about, being world class. thumbs up. commissioner newlin: are they open now? can i get dinner? >> i would like to echo that. i have eaten it twice in the last three weeks. this place is great. the chicken and waffles and blue plate specials and i had the big shrimp and very new orleans and really good. thank you. commissioner newlin: no further public comment. item is with the commission. >> i move to approve. >> second. >> commissioner perez? ["roll call" all voting in the affirmative] co

i must state for the record that when it comes to an application from the masonic temple, the neighbors receive less information than an application for a rear deck addition. the planning code section allowing the continuation of the historic uses specifically states that there should be no expansion. based on planning code section 185e, the applicants representation of the expansion of the historic use, and the department cu notice stating that there is no expansion. based on this, the nob hill association, the novel coalition, me, and other neighbors advise the planning department we were concerned with the department and commission are arriving at an accurate definition of historic use. i have attached a copy of the notice. i was shocked to read the staff went on in recommending a 25% increase in the number of of events under some bizarre planning code interpretation. we now have the definition of the department say the special use district is a neighborhood commercial district. i hope the neighbors would be treated more fairly at this round of hearings caboclo it comes to the masoni

requiring these the middle for future applications. ith that, i am available for questions and recommend you adopt as amended. president miguel: is there any public comment on this item? >> good afternoon president and members of the planning commission. i am the chair housing and zoning for the russian hill community association and we are the reason you are considering this application. we appealed your approval of the conditional use on two projects to the board of supervisors and the board of supervisors approved a conditional use that but the condition of an independent evaluator on the two projects. both of the community groups hired outside independent experts to review at&t's submission and support of its conclusion for the board presentation. those outside experts determined the information at&t submitted in its application was been sufficient to make a determination. this is probably true of all carriers -- when the community met with at&t in the planning department, supervisor wiener was clear that the intent of his condition

the applicant has been good about communicating with the people there. wthat is where we have so many letters. i will let mr. zaccaro sum up what steps he has taken. last thing is sfpd has anot asked -- has not asked you to add specic conditions but this is what i would like you to consider. -- what they would like you to consider. there is a back door. i suppose that is where the trouble comes from. whether it is conversational noise or trash been emptied or whatever. that is the main concern. i do not know how the applicant plans to address that. >> good evening. i am here seeking an amendment to an existing place of entertainment. we have had issues with sound mitigation and use of our rear doors which are three in number. we have agreed with the neighborhood to use those for only emergencies. we have also alarmed this exit. so they may be possible if they are used. as far as noise mitigation, i have -- we have invested over $300,000 in noise mitigation measurements. we're trying to become a successful part of our neighborhood. and so what nicklaus wa

i am checking with the applicant to see if he wanted to proceed or not. vice chair joseph: do we have an interpreter? >> no. vice chair joseph: and you just got the request? does the applicant want a continuance? > i just checked with him and he said no. this is mr. chang the owner and operator. this is a place of entertainment permit for karaoke. i'll turn it to him. vice chair joseph: mr. chang? do you speak english? >> a little bit. ce cirjoseph: a little bit. can you tell me about you eratio can you telle ato? >> o liketaurt. we jusnt tgeome entertainment for the customer light dier enterment vice chair joseph: what entertainment? >> singing karaoke. ce cir joseph: ok. anybody have any questions? commissioner cavellini: have you had a karaoke bar before? ye commissioner cavellini: i am sorry. i do not speak chinese. in san francisco you had a karaoke bar? or you have been working at a carrier ould bar before? >> mostly, i do entertainment around the area for many years. commissioner cavellini:can yo tellmehere >> san franciscoe soni center. a chinese c

the new applicant, mr. castillo knew about this, waited for the appropriate 90 days. at that point, he applied for a permit, permit number 11 -mff-0169 following the process . during this process the department provided mailing a notification to all businesses within 300 feet of this location, and i believe that was at that point that the current permit holder, leo's hot dogs, ceasar's, he was informed and came to the department asking for -- number one are, objecting to this application and also asking the department to issue him the permit based upon his current -- since it expired police department permit. at that point, the department was placed in a situation where he failed to come to the department within 90 days and by law, he would not be able to renew his permit, number one. number two, we already have in essence a new application for this site that it will be inappropriate for us to provide a level of entitlement given that that entitlement period has lapsed specifically and therefore based upon a requirement under the code we had to deny that location to h

again, no environmental review was conducted for the conditional use application. the planning department decided this conditional use application does not require environmental review under public resources code because it merely seeks to continue an existing lawful nonconforming use. a conditional use applications as a discretionary action that requires the planning commission to exercise its sound judgment and it is not a ministerial act. any project that fully complies with the planning code without requiring and -- without requiring a very it's a conditional use may be subject to discretionary review of someone requests one. there is no such thing as a ministerial project involving a planning permit in this city. the applicants proposed conditions of approval and the staff recommendation related to liquor service intensify this historic liquor service. your staff states in the executive summary to you that there is no evidence to support a historic number of bars and historically one-day permits were issued to the promoter upon request. if staff wreck -- yet, s

the applicant applied in approximately march or april of 2011. the department provided notification in april before and now the merchant received any notification. the decision was made. the permit was issued at the end of october of last year after the information and the associated requirements have been satisfied. this permit was appealed. therefore, they cannot operate. there was a lack of notification from the merchant of provided the statement, and i hope it will clarify what happened. >> is it clear that businesses within 300 foot radius? >> it is. however, at the time of application of a permit process, there were no other like foods in the vicinity. similar to what happened previously, a food truck would be authorized for a specific location that may choose not to operate for a little while. someone may move in like this. they got a permit from of police department, did not operate for a couple months. the merchants of this commercial space, a police it, opened a copper rioja region t-- the merchant opened this space, leased it. there is

>> can i ask a question to the applicant? >> shoot. >> so part of the permit you're asking us, the good neighbor policy, you guys understand that, right? >> yes. >> here it says that you understand it says permit holder shall provide a cell phone number to all interested neighbors that will be answered at all times by a manager or other responsible person who has the authority to adjust volume and respond to other complaints whenever entertainment is provided. >> actually, i have given them my business card with my phone number to any neighbor that asked for it and that is not a problem. >> including the folks here today? >> exactly. >> i would offer -- i mean, mr. mohammed has been in the bar and talked with the owners previously as well. >> ok. thank you. >> excuse me, commissioners, i don't have a -- i want to make sure you have the right facts while you decide. while you have the applicants up there, you might want to ask them about your questioning and about outreach because i think the first speaker might have misspoke a

it then went on to say if that was the case, the applicant followed all of the state and local rules and all the mitigation procedures that were outlined it then went on to say their three or four areas that were of concern that called up spills, possibility, cultural resources related to native americans, called all wetlands and other areas where trees and shrubs would not be put back after the pipeline was put in. statement, environmental impact statement is very long. the summary is just a page but there are many other pieces throughout the document. >> isn't it true the state department's own environmental impact statement included review of an alternative not to build the pipeline at all and didn't the environmental impact statement concluded that building the pipeline along the preferred route was better environmentally than no pipeline at all? >> in the environmental impact statement we looked at many alternative routes and we analyzed those and we looked at routes that afforded the sand hills and looked at route that took short little dog and made changes the. the environment

vice chair joseph: the applicants said they were going to do that on their own. it is not a condition. are you clear now? is everybody clear? ok. call the roll. commissioner perez: aye. comissioner lee: aye. commissioner cavellini: no. vice chair joseph: aye. it does not carry. did you say no? it does not carry. we have to entertain a different motion. the motion did not pass. you need a quorum of four yes notes for it to pass. commissioner cavellini: a motion to approve the extended hours with the sfpd conditions and supervisor mar's conditions, but only operating until 4:00 a.m. vice chair joseph: is there a second? commissioner hyde: second. i take that back. you are saying stay open until 4:00 and clothes from 4:00 to 6:00? vice chair joseph: do we have a motion and a second? >> is that with all the conditions of the previous motion? commissioner hyde: i was assuming. vice chair joseph: do not assume. commissioner cavellini: i will accept the friendly amendment. vice chair joseph: and with the conditions of the police and supervisor mar, is what you said, and

upon the approval of the director of public works, the applicant has 90 days and if they fail within the 90 days, the permit is disapproved. >> it is only once they have obtained that that the issue of pulled the permit. >> we have to notify people. >> it seems like the board could continue this to allow them to get the needed a bathroom for the second street and that the permit holder indicated that he preferred rather than having to start with a new permit. >> i think that makes sense. commissioner garcia: it seems as though that we should be able to condition it, but i am not an argument of mood. >> i'm sorry, but this is a new process for everyone. since you don't want to go down the path that would make it more cumbersome for you in the future, i believe this board has the authority, because the dtw director has the authority to modify the permits. by modifying the permits, you can improve the of the location and make conditions for it. and you cannot deny the other permits. i believe this is possible. if you need more time how to work this out, maybe continuing in the week to al

i would be in support of approving the project as presented by the applicant. >> second. president fong: commissioner moore. commissioner moore: i am not as concerned about the notch and the parking space as i am about the requirement of yard variants. that is a great concern to me. while the building is at the end of the block, it sets a precedent for diminishing the mid block open space. i do not believe that the openness at the end of the block has anything to do with that. bragh the course of time, it might be -- it might not be now, but it might be at years in the future, buildings in this particular area would add a third story plus a penthouse. we would lose the ability to have sufficient light and air for those people who are across the way. i do think that is very much of concern to me. i would be prepared to approve the building, but i would not support the variants for the rear yard. i think the building has enough qualities that the garden can be accessed from the ground floor. there is a lovely, open the living area within the bedroom or adjacent to it. that f

>> and the new global food program, for the applicant, they would apply to us for not only the dpw permit, but the fire department to continue that process. it will approve specifically. it is required for the facility, and they have a tax certificate. president goh: that includes the certificate of sanitation? so we should have had on hand tonight? what idea and the financial district is already saturated and is not in the of the vitality for the culture, the vital culture? >> i can't speak from the department perspective, but the first appellant stated that there are 30 some odd restaurants. chipotle will be operating in a very short time. i am not certain in this case whether, in this specific case, there are 32 restaurants and chipotle that would create a situation. it doesn't appear that there would be an issue as it relates to competition. >> it was suggested that there are limited numbers of food dollars in any given day. >> in many cases, we approve certain permits because one of the arguments was financial losses. again, it is currently no information or no study from a municipal

the applicant is requesting permission to add a large modern addition to the back of their victorian home as significantly impact -- that significantly impact our properties of light and privacy. first, i want to give you a bit of history about how the architect has dealt with as. in january of 2011, we attended a pre-application meeting for it the architect says to me, " get with it, this is the way it goes in the city. everybody got everybody's life." he said we should synchronizes through global maps so the light will move along the mirror which will give us like in the back area of our house. we were stunned that he would approach us in a disrespectful -- in such a disrespectful manner. over the months, we reached out with several calls and e-mails. neither the architect nor the applicant bother to respond to us or our architect. we develop concrete suggestions, which i will discuss in a moment, discussed them with planning, who indicated they were reasonable. we offer -- we offer to drop the discretionary review if they would negotiate these. the response was no with no meeting

the report you have was of this summer and we have had a few more applications. since the voters passed proposition gee, this is a chart showing conditional use authorizations and the outcome of those applications with our department. this shows permits that were approved. about 65 percent sign were approved. these are the ones we are currently reviewing. these are similar because they may be related results. this one in red is the disapproved one. they were either disapproved by the planning commission or on appeal by the board of supervisors. if we are reviewing the application that looks like it is not consistent, necessary or desirable with the neighborhood, we will encourage the sponsor to not proceed with their application. when you see the applications that are withdrawn, they may be once headed toward disapproval and we advise them of that and we -- and they withdrew their permit application. it is a lot of maps. >> if you want to look at that geographically, and that's what i just handed out to the supervisors, this is a map of the active, approved, withd

. >> in this specific case, it's a fairly unique situation, it appears the applicant acquired this police peddlers permit for a hot dog stand in september of 2010. legislation was passed in the interim in december, and then it became effective january of 2011. within the legislation, it was very clear that all current police department permit holders for the first year, they're allowed to -- the department is required to provide them the permit for free. there was one year grace period based upon this information. the unfortunate part specifically is that the department did not have mr. ascarrunz's information when we received the package of records from the police department and why he was not notified. commissioner fung: ok. i understand all that. i understand the processes that the transition required to implement. but when the appellant brought this issue up to your department, at that point in time, a glitch had happened of some type. >> that is correct. commissioner fung: and i'm just wondering what did the department then do to try to resolve the situation? >> the challenge is such

there, -- therefore, based on this and the cumbersome confusion by not only the applicant but within the city agencies that was provided, it was determined the department of public works would be a better agency to manage and oversee this program. so in these kind of specific cases, permit holders could very well stop -- cease operations so their facilities no longer operate in san francisco, we would continue to issue them based on the police department records stating that you need to come in and renew your permit, as a d.p.w. permit for you to continue to operate. they may no longer be in operation so we can't speak to that specifically. president garcia: let me rephrase, how many people have shown up similar to the appellant tonight thinking they had a secured spot because they thought they had all the permits necessary to continue to operate in a given location and have come to find out that they had some refresh my memories that they didn't fulfill? is that common or uncommon for people to come back to the department thinking they already have a permit to only find out that they

the applicant has applied for and the original type for the on-sell beer license at 440 mission street, located between first street in fremont street. hours of operation, daily, 11:00 a.m. to 2:00 a.m. currently, this business is not operating. if approved, this will allow the applicant to sail on-sale and off-sell beer at this location. no wine for distilled spirits may be of promises. full meals and not required, and sandwiches or snacks must be available. minors will be allowed on this premises. there is no record of letters of protest, letters of support, no record police call for service from july 2010 to july 2011. police reports during the same time span. supervisor chu: to be clear, those are police calls for service in that area, not particularly related to that establishment, correct? >> yes. no opposition from southern station. alu recommendation, approval with commissions. number one, sell, service, consumption of alcoholic beverages shall be from 11:00 a.m. and 2:00 a.m. daily. and from 6:00 a.m. to 2:00 a.m., when the premises is broadcasting real time the world cup socc

in this case, it would be the applicant. so, project sponsor. >> hello. i am the project sponsor. i have been a resident in vernal heights -- bernal heights since 2000, and have owned this house since that time. i am an engineer who owns a small business of about four people. i plan on staying here and continuing my business and contributing to the city. as part of the response to the planning department question, i have brought in a -- bonnie bridges, and architect who has been helping me develop the project. -- an architect who has been helping develop the project. >> hello, everybody. basically, sean has a house that sits at the corner of -- i am sorry. it is up at the corner of massasoit and franconia. i am going to show it. you can see from this aerial photo that this particular part of the colonel heights -- bernal heights has a muriatic of streets and hills -- has a myri ad of streets and hills. in addition, this particular block, which will be able to see on this diagram -- which you will be able to see on this diagram, has both the west and east and open -- end open. by n