These people need to be penalized because of someone else. Commissioner honda thank you. Clerk thank you. Commissioner honda you dont live in this district . No, i live in another district thats even busier than the outer sunset. President swig could we ask everybody on that wall to sit down, please . The Sheriff Department said we were in violation of a fire contract. Sir, sorry. You have to sit down. Im a homeowner. I live on 42nd avenue, about five doors down from the proposed business. I currently frequent the other businesses on that same stretch of road. I take my dog to get washed at the dog mat down across the road. I bought a bike from swell across the road, and my daughter goes to daycare about three doors down on irving street at the opposite side. At the moment, when i walk my daughter to daycare from my house, i walk currently directly pass the existing business. Ive had to dodge dog poop, and ive theres broken glass, and ive had to walk around. Its sorry that we push out Business Owners and residents and longterm residents that are trying to put a brand in this space. Ive never met these new Business Owners, but as somebody who lives so close and is so intertwined in this community that we have to support people to come and build us from the ground up. Commissioner santacana sir, i noticed you mentioned businesses there, as well. Theres a Sandwich Shop there . Theres a Sandwich Shop on the block down, but another block, theres a better one with super awesome sandwiches. Commissioner honda next speaker. Good evening and welcome. Good evening. Thank you. San francisco is my home. Its where ive lived longer than anywhere else. A big part of what keeps me in this city is the Food Community that lives here and how they show up and how they conceptualize and think about their city. Ive had the pleasure of knowing dennis and monica through the food and Wine Industry and in the community specifically in their outer sunset beloved neighborhood. It is clear that the intention of the Small Business attraction ordinance program was passed precisely to eliminate undue burdens for businesses and neighbors themselves such as monica, dennis, and their project. As a member of the local Food Community of San Francisco, i also appeal you, just on behalf of the city and vibrancy of the city that i live in, but also that dennis and monicas business has been a beacon of hope and the antidote to the cynicism that believes its no longer for locals to open vibrant businesses in San Francisco. Over and over again, i observe in my work young bright cooks and Service Staff witness hard working individuals like monica and dennis take their life savings locally to live out their dream. And over and over again San Francisco not only creates financial barriers for them to do so, but theyre outright punished for acting in good faith. Isnt it clear that theyve acted in good faith by taking all the necessary steps in accordance with the Planning Department. I urge you commissioner honda thank you. Do you live in the outer sunset . I do not, but its lovely. Commissioner honda thank you. Next speaker, please. Clerk please fill out a speaker card, maam. Thank you. Commissioner honda hi. Welcome. My name is garrett tang. I live across the intersection, one house down, and today, im here to ask, you know, the Board Members to vote and restore the right to me and my family to have the right to elect on how permits should be issued, and i feel very sorry for the applicants that wanted to start the business. I understand that it takes a lot of effort, but i think todays vote is not regarding what an impact it could have or whether whos right or wrong, but to vote and try to clarify the law, right . So i hope that, you know, you guys can make the right decision to support and uphold the law. Commissioner honda thank you very much. Yeah. Commissioner honda next speaker, please. And welcome. Good evening. Hi. My name is omar diera, and i live a couple doors from the business thats about to open. And again, i do understand that it can be hard to start a new business in the city, but as somebody living in the neighborhood, i would still love to exercise my right to be informed and engaged when it comes to making such decisions because whether it impacts us in any kind of way i think is still right to do the right thing, and i hope you guys would make the right decision to uphold the decision made by the city so we can keep the process in place. Commissioner honda okay. Welcome. Hi. Im karen mckinley. Im confused about what people are saying about the notification process because i received a notification from palm city about their intent to sell beer and wine. Id like to offer my support to palm city and its owners. I live one block from the business and ive lived there 25 years ago. 20 years ago, i started my own business in San Francisco, so i understand the need for careful planning and short timelines when it comes to launching a Small Business. Ive enjoyed witnessing the generational shift in the sunset that has ushered in many new opportunities for young people to start and sustain businesses in the outer sunset in particular, and i look forward to walking down the block to palm city with my family for dinner. Its important that this city make good on their initial approval in support of palm city. Small, independent Business Owners do not have the Financial Resources to support sixmonth reviews, and more importantly, a review that was not planned for by the city in the first place. Palm city has provided Due Diligence to the city and very carefully planned. Specific evidence of their planning is their approval by the s. B. A. , a rigorous vetting process of its own. Its important that the city help palm city get the permitting process back on track, back on track as soon as possible, so thank you for your time and your effort and your support of palm city. Commissioner honda thank you. Clerk thank you. Commissioner honda next speaker, please. Good evening and welcome. Good evening, commissioners. My name is robert fruckman. I live in lower haight. I live close to several bars and restaurants, and ive had no issues while ive lived there. I live near knock knock, tornado, brass tacks. And id like to read to you an article written by two real estate agents. While we advice commercial Business Owner advise commercial Business Owners not to try to open a new business in San Francisco unless they have 350,000 to 500,000 in working capital, these business delays, most of which are out of a Business Owners control can really tap resources if theyre paying full rent on a space while waiting to simply open. And they also advise potential Business Owners to hire an independent expediter for tens of thousands of dollars. Frankly, i think that neighborhood notification, while seemingly desirable, has a negative effect on Business Owners. A report by supervisor mandelman earlier this year reported that neighborhood notification through the 311 process can delay a business by four to six months, and it actually recommends that if the board of supervisors wants to speed up permitting, they should get rid of it. Frankly, i also think its patently offensive that we should ask homeowners who are potenti potentially owners of small real estate if a business should be allowed to open or just go bankrupt. I think thats achoffensive toe concepts of the United States in general. Commissioner honda sir, one question. So when you moved in, were those bars and restaurants there, or were they after . Theyve been there since ive moved in, and i hope theyll be there long after i depart. Commissioner honda thank you. Good evening. Hi. My name is daina bueschel, and i live in the tenderloin, and i live here bars and restaurants near bars and restaurants. Its awesome. I go there all the time. So this is like, i dont think that i oppose what the Planning Department does, and i support the appeal because rules should mean things . Its not a good way to run a city. Its, like, just someone has a different opinion than what this law means, then everything like, your entire life savings are just gone. I also dont think the rationale for the 311 process makes no sense. Like, do we need two opportunities for appeal . This just sends a horrible message to wouldbe Business Owners. Like, you can cross all your tees and dot all your is, and, like, figure out what the rule process is yourself and do your best to follow all of them, and for then, someone else can thank you very much in and have a different opinion, and, like, youd lose your permit and not be able to do your business. Arizona state has ranked San Francisco as the lowest ranked city to do business in. Thank you. Commissioner honda thank you. Good evening, and welcome. Im here to speak on behalf of dennis and monica, and i dont understand the process very well, but i have two points that i want to make. First is ive heard a lot about how theres an interest in following the law to the t, whatever it may say, even if it goes against the intent of the legislators, but i also think theres an equally valued interest to be able to take at face value the word of supervisors staff and workers because if you cant do that, then, you could have people second guessing the Planning Department. Oh, thats their interpretation . Well, i dont agree with that, and im going to do this because thats what this says. If people are putting their life savings into a business and they dont know whether its going to be successful, and they dont know whether they can trust the word of the Planning Department, that harms the community as a whole. Secondly how this is going to change the character of the neighborhood with respect to people who live near these businesses, ive lived in San Francisco my entire life nearly my entire life, ive seen it change quite a bit. But change is a natural part of life. In a city, there are businesses and homes the sunset was sand do yunes. Ill bet centuries ago, someone said, i think im going to build homes here. Commissioner honda sir, do you live in the outer sunset . No, i live in the inner richmo richmond. Oh, we saved the best for last. Im here to support the Zoning Administrators decision. Mr. Cantwell has not been truthful. He said his business would be a Community Gathering place for the neighbors. He should have worked with the neighbors from the very start to hear their concerns and gain their support, but instead, he chose to keep his plans secret. [inaudible] on april 10, and got a refund for the fees. However, he did get an overthecounter permit approval for a change of use to a restaurant serving wine, beer, on june 18. Mr. Cantwell claims there is ambiguity about the requirements. If that is so, he should have been advised by his lawyer and his architect to request a letter of determination from the Zoning Administrator about the interpretation of the 311 ordinance. Rather than seek this decision, mr. Cantwell decided to talk to a wide variety of people for their opinion, even though they were in a position to make this call. Now he should be welcoming the 311 process to finally meet with his community. I request this board to please support the Zoning Administrator as the person who is the responsible party for interpreting the laws in relationship to the planning code. He has done so correctly and decided the 311 notice is required. The appeal should be denied, and thank you for your support. Commissioner honda thank you. And you live in the outer sunset . I live in the sunset. Commissioner honda not the outer sunset. Katy tang was my supervisor, and i fall commissioner honda yeah, i think that was a no. Good evening. Good evening. My name is kathrin howard. I ask you to support the Zoning Administrator. My family has lived in San Francisco over 50 years. Ten years ago, we moved to the outer sunset. We chose our block of 42nd avenue for its location. We were therefore stunned when we got a notice in september from the alcohol board. The quiet corner store was going to be turned into a restaurant serving alcohol on a site surrounded by homes and in a lot surrounded by residential. Apparently this had been in the plan for a year. You have talked to the appellant but you have not considered the impact on our neighborhood. You really should. Our little 42nd neighborhood contains many families that are concerned. You have their letters in your packet. Please understand that no matter how much people may like the new Business Owner, the next owners may be very different and not in a good way. The fact is that the change of use is what would become permanent for our family neighborhood. For everyone to weighin, the public, the applicants, and the neighbors, we all deserve the right to a fair and open hearing on this project to explore the many questions that people have raised tonight about it. Im sorry. It cannot be done tonight. Thats really not fair. To suggest it is very discouraging. We need a full 311 process. We need plans mailed to us, we need a chance to meet with the applicant, and we really need our rights, and we hope that you will support them and support the Zoning Administrator. Clerk thank you. Commissioner honda thank you. And if there are anymore speakers for this evening, could you lineup on that wall, please. Hello, and welcome. Hello. My name is matt wright. I dont have much prepared. I just want to say quickly, i live a few blocks away, in the outer sunset. This is a really horrible situation. I feel for everybody involved, but i just wanted to add a voice of support as somebody who lives in the outer sunset for dennis and monica. It really does feel like they made a good faith effort to follow the rules explained to them, and it just seems like a potentially devastating thing to them, to tell them those werent actually the rules, so i just wanted to offer my support as an outer sunset resident. Commissioner honda thank you. Good evening, counselor williams. Good evening, members of the board, president , thank you. Commissioner honda oh, no, thats the president now. Steve williams. I was hired by a nearby neighbor to take a quick look at this thing, and i mean quick, because we only got the reasons for the appeal six days ago. The law is not ambiguous at all. Its crystal clear. Can i have the overhead, please . It states only that it applies in neighborhood commercial districts. This issue was discussed at planning. They discussed l. C. U. S at planning, they discussed it at the board of supervisors, and they decided not to include them for this very reason, that they are a 100 surrounded by residential uses. Imagine if every corner store could suddenly become not only a bar, a restaurant, a place of entertainment . These things are this is not hidden. Here is a hardout that i attached as exhibit 3 to my brief. Its three pages long, and it said here is a handout that i tached as exhibit 3 to my brief. Its three pages long, and it said if youre going to do a change to an l. C. U. , you have to do a 311 notification. Theres no businesses on this block, zero. No other businesses. No outreach, zero outreach even to the direct neighbors who are just inches away from their walls. Its not only a change of use, its an intensefication of the use. You go from a corner store to an onsite alcohol consumption. The equitable stoestoppel, you have to balance against the rights of the neighbors, and in california, on every instance, they come down on behalf of the public in land use matters. Theres a new case in los angeles that was a 50year use that was set aside because it wasnt allowed. Thats the shaver versus los angeles case. I have it if you want to see it. Commissioner honda and i believe you dont live in the outer sunset . I do, but i have residents who live in this neighborhood. Commissioner santacana sir, isnt it true that theres a doggie bath and [inaudible] commissioner santacana its down the block. Okay. Thats fine. Commissioner honda next speaker, please. Is there anyone else that has Public Comment . Okay. Good evening. Commissioner honda and were really saving the best for last. I dont know. My name is greg miller, and i support the Zoning Administrators decision in this case. The purpose of the 311 is to promote notification and promote Planning Decisions that promote accord throughout the community and all people involved in it. The basic elements that i understand are in the 311 process are a written notification in a timely fashion for People Living in the vicinity, disclosure of the building plan, so they understand the scope of the project, what it is and how it might impact them. Usually, a community meeting, where the applicant brings people together in the community at the site so they can see what the plans are, talk it over, see what the applicants intent is, if there are conflicts or problems, try to work them out at that time in a manner that brings community concord. So in any case and then, beyond that, there is the right to petition for a hearing before the Planning Commission, and finally, if you within 15 days, the right to appeal to your board on this whole issue if thats required, and hopefully, it wouldnt be, after a full discourse. In any case, youve heard from a num