Understanding as to noise level. How do we determine what is abnormally high versus what is an acceptable rate of noise for doing business . Sure. Im patrick, im assistant director at the Environmental Health branch. The standard is 45 decibels from a fixed mechanical noise source. As measured in any nearby residence. And thats the evening standard, so the nighttime standard of 10, thats the most restrictive standard that we have as far as noise is concerned. Other than that, its measured at 8 decibels over whatever the ambient is for the neighborhood at the property line. That is usually what we apply during the day time standard. Supervisor cohen thank you. Back to the planning. There were complaints by some neighbors at the Planning Commission meeting that was held in november of 2017 when this item was first heard. That they were not properly noticed. Could you go through what are the noticing requirements, answer the question as to whether timely notice was given to the residents, and what type of notice was given to the neighbors . Were there flyers on homes, cars, on poles . Did you call people . Good day. Matthew chandler of the Planning Department staff. For all conditional use authorizations that go before public the Planning Commission at the public hearing, theyre required to have a 20 day notice, both within the newspaper, 20day notice posted on the site, which is a pretty large poster posted on site and there is 20 days mailed to all Property Owners. This was notice that is mailed to all Property Owners within 300 feet of the site. Supervisor cohen thank you very much. So to me, it sounds like its a Standard City notification process. Correct. Supervisor cohen is there any resident residual waste Water Pollution from the previous tenant . Thats an important question. If youre not able to answer, i dont know if there is anyone within the Planning Department that can speak to that. I want to know if there is waste water resume sid wall residual. And i need to know if that needs to be cleaned up before the future business occupying the location. I want to know if the future business, be it saba or any other business. Lisa gibson, Environmental Review officer. If you could hold, were consulting with the city colleagues about the matter. My understanding is that, if there were a notable violation of any sort, that would have to be addressed, but were not aware of any, so were not prepared for the question. And the project wouldnt result in soil disturbance, so we wouldnt anticipate if there was any soil ground water contamination that it would be disturbed by the project. Supervisor cohen i guess the final question has to do with odors. You heard comments in the planning hearing. And you heard Public Comment here this afternoon. How will odors be mitigated . So as part of the condition use authorization, we do have a kind of standard conditional approval for installation of odor control unit to make sure that any odors are prevented from escaping the premises. Supervisor cohen thank you. I have no other questions, madame president , happy to turn it over to you. President breed seeing no other names on the roster, we will allow up to 10 minutes for the project sponsor, or the project sponsor representative to present. Good afternoon. President and members of the board, im dan frattin, the project sponsor. Were here today asking that you reject the appeal and clear the way for San Franciscos only butcher shop. This is the only place in the city selling freshly slaughtered chicken prepared accord to islamic tradition. Its important to the community who value to see the condition of the animal theyre going to eat and the conditions theyre processed in. I understand this is not the kind of business that people are familiar with and perhaps misunderstanding underlying some of the testimony youve heard today. However, when you consider the scale of the facility, the specifics of the operation, and the extensive, it clearly qualifies for exemption. To start, id like to give you an overview of saba live. It operates nine facilities. As you can see, many of sabas locations are directly next door to or below homes. About 40 of the customers at saba location in fruitvale, come from San Francisco. This is the location where the wallace street facility will go in the bayview. As you can see, its in a pdr two district, fairly industrial and one of few areas where San Francisco allows intensive industrial uses. You can see here that the adjacent uses include several auto repair and painting businesses, metal working and storage yard. Lets take a look at what saba proposes. Physically, the project is simple. Its an Improvement Project fitting out the windowless structure for the operations. The chickens are stored in the back of the shop and small rooms will be built for slaughtering and processing the chickens. Customer waiting areas are in a separate room in the front of the building with internal window allowing customers to look into the processing area, and there is also a small chiller room where waste is stored and byproducts are stored and sealed in containers. Saba will have about 500 chickens on site, just to give you a sense of what that looks like. This is the oakland facility, they have slightly more than 500, but its six crates in a relatively small room. This change of use fits within class 1 and 3 exemption, which includes leasing and minor alterations as well as changes of use up to 10,000 square feet. Here were talking about 2100 square feet, so about one fifth of the maximum allowed. When a project fits within an exemption category, Environmental Review is not needed unless there are unusual circumstances. Neither of those conditions are present here. There is nothing unusual about a small scale industrial use on a site occupied by an industrial user prior. And surrounded by other industrial uses in a district where that is what the city encourages as a matter of policy. Second, a light volume of trucks making pickoffs and deliveries are also not unusual. Chickens will be bought in on boxed trucks, 24 a week with 35 trucks coming in per week to remove waste. Even at the busiest times of year, were look at two trucks a day, which is typical or less than most other commercial uses in the city and it will be a net reduction compared to the five tow trucks that previously operated at the site. So were not looking at increase in truck traffic or associated emissions. Third, businesses that handle live animals and animal waste are not unusual. Neither are businesses that process meat and seafood. Animal shelters, doggy day cares are a dime a dozen. Live seafood is processed and sold in storage throughout the city, along with one of the biggest tourist attractions. Though night is has international, there are a couple of live poultry. Process meat and dispose of byproduct. Each controls odor and properly disposes of waste and byproducts without causing Environmental Impact. In no small part it is because there are regulations they must follow. Once you account for the regulations and understand that the data cited by the appellants ignores them, as well as the small scale of saba operation, youll see there is not a fair argument of significant impact. Now the appellants urge the board to accept the position that other regulatory actions have no bearing on whether the project requires ceqa analysis. Basically ignore all of the other laws and regulations that protect health and safety and the environment when doing ceqa review and deciding whether impacts will occur. Its hard to see how anything would be exempt under this, which is not reasonable and its not the law. The city litigated that very issue in the San Francisco beautiful case in the court there, it ruled in its favor saying agency may rely on regulations to include Environmental Impact will not be significant. Put another way, the city doesnt need to recreate food handling laws every time a restaurant opens. It can assume a baseline of hygienic operation based on all of the laws in place. It does that routinely. So who regulates saba . The same principle applies to saba as it does a restaurant. Lets talk about the specific regulations. As you heard under the waste Water Treatment program, solids cant be discharged into the sewage system, they need to be contained and recycled. Saba workers do a lot of the separation by hand with built in grease traps doing the remainder of the work before waste water enters the sewage system before its process add and discharged. Solid Waste Disposal is regulated by state and local law. Together dph and the state regulate the handling and disposal of animal tissue. Saba will comply with these regulations by storing waste and byproducts in sealed containers a cooler room before theyre picked up by a certified waste hauler. No animal products are disposed of in the regular garbage and you can see here were talking about a small volume of waste. A container for feathers, a contain foremeat, a container for animal waste. Lastly, health and hygiene, saba is regulated by the usda, department of agriculture and dph which enforce standards and conduct regular inspections and testing for hygiene. There is also a state certified inspector on site at all times to monitor both the conditions of the birds and facility. Finally, i like to close on a practical note. Were talking about a small shop with 500 chickens on site. This is not at massive agri business operation, this is not a 10,000 hog farm in North Carolina with open air at thes wools of data pools of data waste. There is not a Single Source that addresses small scale operations like sabas. They rely on studies of huge operations, many of them in the open air, and none of them located in a well regulated setting like San Francisco. Those kind of exaggerated evidence may show that there are Environmental Impacts if you have 182,000 chickens in one place at one time, thats not what were doing. There are 500. More to the point, we dont need to speculate about impacts here. We can look across to the bay to sabas slightly larger facility in fruitvale, where we have a letter from a neighbor of the facility on the overhead which reads saba live poultry is one of the best businesses this the area, the place is well maintained and they keep it super clean and sanitized. They operate responsibly and dont negatively effect us or any of the surroundings neighbors with noise and smell. The same will be true of the bayview location. We have about 52 speaker cards and 100 people outside which would like to in deference to the boards time, not have everybody speak, a small selection of them will, but if everybody here who is in support of saba could please stand, with that i thank the board and im available for questions. Thank you. Thank you. President breed thank you. Ok, as this time, we will open it up to Public Comment. If there are any members of the public who would like to speak in opposition to the appeal, please line up to your right and the first speaker, youll have up to two minutes each. Im a member of the organization of the peninsula and a board member of the north california Islamic Council and board member of the Community Development grant in oakland and creator of the oakland Business Improvement districts and specifically in the fruitvale district. Community activist. Work for the rights of the poor and defending them in the city of oakland and specifically in the district of fruitvale. As much as i was thrilled being a muslim that a muslim establishment would open, i was a skeptic. As many of my clients passed by the doorway of this establishment, i had the same concerns adds that of the person who stood before us here and said she was three blocks away from the location in San Francisco. I had a concern about the odor. I had concerns about the feel of the whole community which is where we spend the last 24 years developing and making it attractive for business. I had concerns for the hygiene and the pollution. I must say to some extent i almost work against the project myself. I have to tell you, i have to testify to you, as a Community Activist in oakland that none of these concerns materialized. On the contrary as you pass by, surprisingly there is no odor whatsoever. The place does not omit a lot of noise at all. Actually pass by there probably nine times a day. So i hope that will calm the concerns as myself was a concerned citizen myself. Thank you for the time. Thank you for the comments, next speaker, please. My name is salam. I came from india in 1953, im a property taxpayer for over 50 years. And i would hike to say you should go to the halal meat shops here, there is one on gary and jones near the civic center. You compare the prices and the prices at saba, its a big if you have a big family, a lot of family and friends have to suffer through the hassle of the bridge traffic, so why not have it here . And if it been approved by the Planning Commission and this small scale operation, why . It provides jobs and i think the city will get more revenue than from the uhaul or the tow trucks. And it will provide more jobs. And if you if you are so strict against any future ones and even the present ones, you should be as strict to them, dont single us out, please. Thank you for your comment. Next speaker, please. Hello. I am a member of the american muslim community. Im also an activist in the Mma Community as well. Im here to support the opening of the saba life poultry. Having a place like saba in our city is very important for the residents and will be great addition to the city. The city is a special place that tolerates everyone. And many muslims who live in the city, eat only halal meat. Its important for us to eat halal and fresh meat that has frozen food that has been in the freezer for months. The city should be proud and support a Small Business. Abiding by all the rules and regulations should be a priority for our city leaders. The track record of the oakland location is great. They have fulltime Health Inspector and the place is very clean and well maint maintained. Im one of their biggest customers. Supporting organic stores, this type of business should be supported as well. With regards to the Environmental Impact, i am a licensed chemical engineer in the state of california and its commonsense to me there is no such Environmental Impact. Its a very Small Business as you have seen in the picture, family owned, many of the employees will be hired from the city itself. Were not talking about a huge slaughterhouse that slaughters thousands of animals a day. Its very small, family business. I urge you to make a wise decision and support this business unanimously. 100 . Thank you. Thank you for your comments. Next speaker, please. Hi, how are you doing, hi everybody. Im the neighbor of saba store, the one in oak oakland. Its less than 100 feet, the same block. In three years i never noticed anything from them, no noise, so clean. And we have no problem with them. I want to say youre ok, come visit the place in oakland, youre going to see. Everything is ok. We enjoy every day eating fresh halal, thats it. Nothing untoward about it. Come check. My address is 807 kennedy street. Im next door to that place. Thank you for the comments, next speaker please. I feel so happy today. I waited 42 years for this. And to have the halal food in San Francisco, we are so happy. First time the halal food, no frozen food, all fresh. And cheap. We just go over there, have the fresh food. Everybody is going to be happy. I appreciate the shop in San Francisco. Its for the community of San Francisco. Thank you very much. Thank you for your comments. Next speaker, please. Hello. Im resident of oak land. Im labor with saba poultry in oakland and im a good customer of them. I go there almost every week to buy for the whole week because i like the way they kill the chicken and how the blood go out so it will be really healthy for me and my family. So i enjoy buying the chicken and eating it and make sure where i buy my meat from, so i can enjoy it. I support them to open one in every city. Thanks. Next speaker, please. Hello. Im a resident of San Francisco and in the bay area. I wanted to thank you and thank you god for being here. And actually weve been waiting for a place like this to open in the city. I used to travel to spartan, modes tow, sacramento to get fresh meat. I love the place, i love the product. Its great. Hopefully we see this place open soon. Thank you. Next speaker, please. Good afternoon. I grew and lived in San Francisco when San Francisco, i love San Francisco. Saba life brought us a good service and i just want to briefly say that saba is not only for muslim and the word halal. When i go to saba in oakland, 80 of the customers are nonmuslims. Latin americans, africanamericans. This business supports an serves all community. I just hope that you support all our community in San Francisco and the bay area. Thank you for your comments. Next speaker, please. Thank you. Ive known saba live since they started in oakland and known them dearly and the family. Since they started in oakland, as the previous speaker, it is a communitybased business. Most of