Honest with you, i know that teeth does a lot of outreach and theyre a really great bar. I went on yelp because i only visited them once and thats when they just opened and i had a bad experience. They triple billed me, but i know they do a lot of great things and its awesome that they have so much support in the neighborhood, but the things that are not being mentioned right now is as many good things they have about them they also have just as many negatives, at least if you live next to them. If you dont and you are just there to party, then i think its an awesome place that you can stay at all night, every night, and you know, go home and lie down and forget about it, but for someone that lives next door to them, in the building next to them, i promise you, that you would be opposed to this. As great as they are, as great a staff they are and owners that they may be, they make it literally miserable to live next to them and thats the honest truth. I cannot sleep. I can hear them when im in the back, in the front, in the front, in the back. Our building is next to the patio. I know the pat arroyo patio addition is the main focus today. We never had a hearing or meeting, at least that i knew of because i would have showed up. It may have been a backyard, but they didnt use it until the past few years and thats something that i also note that no one is bringing up. It only started being used in the past two years. It had not been used for 20 some years like theyre saying. To celebrate, they roasted a pig and we had to call the cops on them because it was a fire hazard. They do all kinds of stuff, all the time there, that they should not be doing. They put netting up on our building with no approval because they said that somebody was throwing something on them from our building. Maybe they were. They said they called the cops. Lets see them. Bottom line, they do things on our property. They dont get permission and someone mentioned that there was a meeting. Yeah, there was a meeting a week ago announced. Theyve been open for years. Only until this hearing was announced did they want it have a meeting with us the manager of this building has talked to mark multiple times and told him issues and concerns we have and nothing gets done about it. If it does, we dont see it. We dont get to see the changes. Maybe on the inside. Who knows. They dont affect us or better us in any way. Thats what we care about at the end of the day. We definitely get the worst of it. You did hear a recording from cap street. You should hear it on Mission Street next door to them. Its literally ridiculous. So i could go on. There are other things that happen as well at the business from customers vomitting in our doorway and they only come from that bar. There are two other bars on the block. Never come from them. There are people that do all kinds of stuff and its only from that bar. I know im on a time limit here. I hope you consider this. I know they have pros to them, but i hope you consider the cons as well. Thank you very much. Next speaker, please. Good evening, commissioner. Nice to see you, and, again, thanks for your services. Im al sharwa, doing business in mission for 35 years. And im very protective of our mission community. Im about a block away from the bar that theyre talking about, teeth. And it has been nothing but good experience with the owner and the operator. It became one of my Favorite Places because it offered a lot for the locals. The outdoor we dont have very many places out there. I would hate to see that change. If they close by 10 00, i dont know many people sleep before 10 00. Thank you. Thank you. Next speaker, please. How are you guys doing . I worked at dr. Teeth for five years. Theres a couple other bars in that neighborhood that have been known for a bad crowd of people. So i dont feel like teeth is really that big of an issue. The patio, however, its a trademark for San Francisco. Ive had a bunch of people that come to the bar that come from other places just to visit teeth because a friend told them to check it out because of the patio. Taking the patio away from teeth, it will take a part of San Francisco away. Not many places with patios that you can go and enjoy like we have at dr. Teeth. So i think the patio is definitely it would be a winwin for everyone to keep it open. And remodel it. Thank you. Thank you very much. Next speaker, please. Hi. Im miguel olera. I work for dr. Teeth. I want you to consider keeping the patio open because way survive from it. Its important for us to keep the patio open. Thank you. Thank you, sir. Next speaker, please. Commissioners, good afternoon. Phillip lesser, president of the Mission Merchants association. Im hoping that you will accept recommendation for approval and he doesnt lose the first one that he brought to you. Kidding aside, you have before you a 7x7x7 problem. San francisco is seven miles by seven miles and the mission is 7 percent of the 7 miles. And were trying to do a lot of things within that 7 of San Francisco. Ive come before on valencia street patios. Tacolicious. We did an entertainment venue for blondeys. We had problems on albion street. Lexington street. Weve come here for Mission Street projects as well. Problems with the people on bartlett street. The solution is not to do anything on valencia street or Mission Street and then everybody on the side streets will be okay. Or you can do what weve done, this body did, come up with a lookback period. You may recall, engineering report was required. Thats the former parking lot for new college. It now has the patio out there. And you will see a sound wall around it. There are operating requirements as to when to close. How to keep it clean. How to be neighborly. And theres a lookback period a year later. Community was personal permitted to come back and see if it worked or didnt work. Its in existence today because it worked. I would suggest to do the same thing this evening, to come back with conditions that the community would be happy with and to have a lookback period a year later. Ive spoken to two of the speakers from cap street and they seem to be friendly to that. I hope you will take that into consideration and i wish matthew the best of luck in think position. Thank you very much. Another additional Public Comment on this item . Seeing none, well close Public Comment and open it up to commissioners. Commissioner richards. Commissioner richards im probably the one here who has been affected by situations like this. I looked at the photo here on the back and i was kind of like, holy [beep] their windows are right here. Sorry, these what i thought. And i thought, do you have a Charles Salter report . What is your mitigation on your noise. You said you had one. You are a beloved business, yes, absolutely, want to keep and retain these businesses, but we hear real people that i think are also telling the truth that they have issues. Absolutely. Thank you for the question. Weve had 10 bars in San Francisco that weve owned and operated and this is one of them. I have a long record of communicating with neighbors. We have neighbor issues at all 10 of the bars weve had. And i have been traditionally driven by complaints. So when a neighbor comes to us with a concern, we try to mitigate those. The building manager has come to us with a number of concerns. Some of them are things outside of our control. Theres a hot dog vendor on the corner. Theres a point here. Ive im very surprised to hear these neighbors. Its literally the first time were hearing from them. We tried it have a community meeting. Maybe it didnt work for everyone. Were open to that. We felt up to this point that we had actually been answering the neighbor complaints. You saw in the picture there was a foosball machine in the back and the building manager asked us to get rid of it. We did it immediately. This patio was not zoned, but permitted by the abc to be open until 11 00. So we can serve alcohol on the back patio at until 11 00, but we kept it at 10 00. I communicate with neighbors. This is literally the first ive heard from them. Commissioner richards in was in the exact situation as the neighbors, having a complaintdriven system of pushing the responsibility on the neighbors doesnt cut it. You need a noise mitigation plan like weve asked for from other businesses so you can see, this is what im doing to prevent the noise from escaping. And i started that, which i provided to you, a noise mitigation plan. Its nots a technical one, but it outlines some steps that wed take. Commissioner richards i could support the expansion of this, but weve required and asked for in the past on these issues, especially when neighbors come we had the one on the hotel on columbus street, a Charles Salter report, on how the noise escapes and the decibels. If were going to legalize this, we need to understand its effect on the neighbors. Its not, hey, its the patrons of the bar and everybody else go to hell. Its, how can you coexist and how can they have a nice life and their kids get to sleep . I would support this in the future with an understanding of what the impact i dont know. Okay. I just want to make one point, too, just to be clear. Not that this came up, but theres never, just for the record, any music or amplified sound or speakers. The noise issues are 100 people. Commissioner richards right. Commissioner johnson . Commissioner johnson i think i agree with commissioner richards and i see commissioner fong shaking his head, that this is problematic. There are other restaurants that have back patios and its possible for it to not necessarily be problematic. I think here be a absinth has a similar area, but its a cafe, clearly no noise issues. So its not necessarily the setup that 100 of the time be okay. But clearly there are some issues here. I would be open to a continuance. It doesnt sound like a plan has been put in place. I know you said you made some attempts, but we dont see it here in terms of how you will mitigate that sound. Its not that you cant have a patio ever in this setup and it never works, but this one appears problematic. I would want to see much more mitigation than what weve been presented with. Its not 100 no, but i need to see more. Commissioner melgar . Commissioner melger i really appreciate this place. Ive spent a lot of time there. I used to work at the corner. And im wondering and i also hear the concerns of the neighbors. I wonder how much of the noise is your patio and how much is just Mission Street . There is cha chas and a hot dog vendor and a bunch of stuff going on on Mission Street, particularly in the evening. And then right on the other side, theres, what is it, lucky whatever beauty bar. And so theres a lot going on on this street. I think that providing sound mitigation, it would force you to identify where what this is coming from and what youre responsible for. And then put it in paper for folks to, you know, feel okay with voting and doing due diligence. I do support your project. I think its part of the life of Mission Street. And i think that putting together a sound mitigation plan will help you to be successful. You could ask that a sound mitigation plan be put forward by qualified consultant and staff initiate and work with the project sponsor to implement them and then as an added bonus require a lookback, so that way prior to approval of permit to legalize we would ensure that, a, the mitigation plan would be implemented and conducted, and, b, that theyre incorporating things to lessen the impacts accordingly. So it sounds like there is some tenuous support in certain cases pending information, but given that it is something fairly common in other districts, were happy to make sure that this is followed through. Commissioner koppel . Commissioner koppel i want to be sure we dont do too much to hinder the success of the business. Ive overwhelm been there only been there in the daytime. I think 10 00 is fair. I would not go to this part of town and expect a quiet night. I do respect its been a locallyrun, successful Small Business and its places like this or el rio or virgils that are part of the neighborhood and i dont want to handcuff them too much, but if its the will of the commission to continue and do more, i will be supportive. In general, im supportive of the business in general. I would be supportive of what the planner has recommended that we recommend or require them to get a come up with a sound mitigation plan working with staff and that a year after thats implemented, we have a lookback. But they approve and implement that and get whatever expertise you need to do it and avoid another hearing. But weve been down this path before where weve had these issues. There is clearly legitimate concern from neighbors that are not going to be totally avoided. There will be noise from a back patio use. We face it a lot. But i think getting a professional consultant in to come up with some additional measures and then having us look back is the most productive way to do this. Commissioner richards i support this business. I support drinking on patios. I hope that we can understand what the mitigations are, not just to get you the approval, but for us to understand what it takes so when we have these in the future were more versed. I dont think weve had many of these. I would like to understand what were approving. I would like to make a motion that we approve this along with the condition that was outlined that it that staff work with the project sponsor to put together a sound mitigation plan that is professional and passes our standard. And theres a report back in one year. Is that what you said . Yes. Yes. Second. Just to chime in. This is also an enforcement action. The sponsor has been good about coming in to get the patio legalized and we want to be sure that we can do as much as we can to support the efforts. And i would like to just encourage or require that as part of you working with the project sponsor, its also the residents of the adjacent buildings are included in that and have a chance to review, you know, what the mitigation measures are and give feedback. One quick note. On the oneyear lookback, would that be from the approval or the completion of construction . I would say implementation of improvements. Yeah, theres significant construction that has to be done. And i recommend that during that phase, you are implementing additional measures, obviously, take extra precautions to reduce noise. Commissioner moore . Commissioner moore is this what you wanted or do you want the report first . I would be fine with a memo with the report saying this is what weve done, no hearing. Its approved, but i would like to have a hearing in a year, just an informal hearing, where neighbors can come and talk, rather than a note in our file. We would get the report. Correct. Is that okay with the motionmaker and seconder . Let me repeat what i understand, so were clear. So were going to require sound mitigation plan to be implemented by a qualified professional. The project sponsor shall work with staff to implement that plan and include the neighbors within the discussion of the or the review of the sound mitigation plan and then subsequently within one year of the implementation you would give us a memo on the report and what you did. Correct. So include a memo to document what weve done. And upon implementation, the project sponsor with come back for an informational hearing at the oneyear mark. I would like to ask the applicant to develop a more proactive engagement with your neighbors. I mean, you have significant support, but in the end, the people that live next to you, they should be brought into your approval and supporting each other. I understand. I dont think i spoke exactly correctly. What i meant by complaintdriven, i didnt understand that people had an issue because i all we had heard was specific issues going on, that foosball table is loud, hot dog vendor is bad, so we addressed them. We thought we were and this is what i do at all the other places and i have a lot of neighbor relations, but, yes, i totally understand. Commissioners, a motion has been seconded to approve this project with conditions as am d amended for the project sponsor to continue to work with staff to develop a sound mitigation plan to be submitted to the Planning Commission with a oneyear informational hearing report back from the state of implementation of the noisereduction members. Commissioner fong aye. Commissioner johnson aye. Commissioner moore aye. Commissioner koppel aye. Commissioner melger aye. President hillis aye. Motions passes. Items 24ag. For case numbers 2015017751drp. 1824 jennings, 1083 hollister, 1395 shafter, 1050 gilman, and 1656 newcombe. All filed by the same party, discretionary reviews, concerning the same issue. Through the chair, were going to provide the requester 5 minutes to collectively comment on all of the properties. And then the sponsor will have a 5minute time period with their respective 2minute rebuttals. Correct. And well hear from staff first and then also, if the City Attorney can give us a quick overview of what is happening in regards to these properties, and if the mayors housing can give us an update on where they are with some of the issues in this case. That would be helpful and then well take the d. R. Requesters testimony. Im joined by ellis zamonski, planning staff, and various city agencies. The items before you are a series of discretionary review on seven properties owned by a husband and wife team. The Building Permits have a dwelling unit loss for a total of 12 units lost. In all, 14 households are impacted and i will explain the difference between units and households later. This is a comprehensive presentation for a discretionary review hearing. Given the nature and number of the projects, we think its property to have a full background. I will give an overview on timeline and how we plan to move forward before turning it over to our fellow city Staff Members from the department of homelessness and the City Attorney. Permits are for illegal construction exceeding the maximum allowable density. The properties are either rh1 or rh2, which allow for 1 to 2 units respectively. In july, 2015, Planning Department was informed of a series of complaints alleging that they had been converted to apartmentstyle buildings. September, 2015, the joint inspections were conducted by Planning Department, building inspection, f