Blinder and situated myself another at rh2 zoned homes income tax and nearby he can prevent inform major city around i can pretend my neighbors dont include an automobile repair shop a Large Elementary School a bu Public Library and several two and three apartment i can pretend or within a block of my neighborhood includes franklin it is another commute or the neighborhood shopping district and 6 story Apartment Buildings i can pretend i dont live in an urban environment with a mixed use with many, many household and hard work teachers and shop keermz and hundreds of neighbors that happen to have a different preference of food than me and neighbors that happen to love that market on the corner blue fog market embraces the neighborhood weve depended on to sherman Elementary School this is the paramount Elementary School to the project open hand to the st. Francis Foundation Blue fog markets listens carefully to the neighbors and acts on the concerns for example, in response to the commerce and neighbors we keep your sidewalk very clean the gutter clean it is good for us and good for them we dont leave the garbage cans out we pay centextra to have th collect inside the building so the neighbors dont see weve moved prep work auout of the spe like slicing onions to a commercial kitchen to get rid of smells weve installed signs to the customer not to park across the driveway and we put up a Something Like that after reading the letters from the appellants please respected our neighbors privacy dont park across their driveways park across our derivatives we have a flash that informs them we listen and try wrarldz with regards brarl to parking can i h im almost done. Finish the last one. Can i electrically. Im in rebuttal actively. Ill tell you how well manage the space. Sir youll have time in rebuttal. A quick question. Sure this may get to our point whats the mask of 8 tables and 16 chairs. The spaces this may be a mute point the space is very large and can handle more weve handled 4 tables and 8 chairs with no trouble we have a professional manager and we can handle it but i mean the news that im getting from the zoning is that for market like us were allowed 4 code is code i accept that well make the best of 4 and make that great. Thank you same question as the appellants did you make any effort to see if there is a common i made the effort when i first bought the store he was invited into a neighborhood meeting with that essentially turned into a public stone that was pretty bad i was for the left hand to i was yelled at i owned the store for one day and but nothing and every time they approached me honestly, i tried to make things work i listened to them and tried to do what i could in my powers to delineate their concerns i knew it will be with discussion. I have a question. Sure. When you first got the store you wanted to do this seating; right . Yes. And yet you had not didnt know anything about the neighborhood; is that right. Thats right. And then later on you wanted 6 years later; right . Right. You said i got to know the neighborhood i got to know what people want so how you balance this from the neighbors that dont want this at all and some neighbors that do. A huge number that do i dont define my neighborhood as one hundred feet on either side of the store but from two to three blocks away they signed my book you know the signature book 4 hundred and 50 people signed it. But they have liability concerns with the parking it is liable to get worse. I dont see parking getting worse 0 to be honest doushl not for a cup of coffee and a sandwich i think that will make things better for parking. Thank you. Thank you. Womens history monell he department now. Good evening, commissioners and brown paper baobeys im bre representative for the department of public works first provide and brief overview of the cafe table and chairs permit process for the preferred market and discuss community appellants concerns and the recent limitation on the seating from the deputy superintendaplanning was the permit was applied for in 2015 Public UtilitiesCommission Public works termed it was in general conforms with the code and the dpw order after determining that was in general conformation we preceded with the process as extended the Public UtilitiesCommission Code with the application posted on the door of the business on september 24, 2016, for 10 calendar disease during the notification period the dpw received approximately thirty objections and 10 supporter and so following scheduling a hearing the dpw hearing because of the outlooks which is following the procedure of the code we had a hearing on november 4th after all the director of public works approved it on december 23, 2015. I want to make clear public works reviewed the plan in conformance with the guidelines and the director approved based on the information provide to him to proceed with approving the permit. The concerns made by the appellant regarding the Current Issues the neighborhood regarding parking traffic congestion, noise, smoking, alcohol, Loma Prieta Earthqua l but loitering these this should be addressed by other agencies like double parking and Public Health department 3b9 pub Public Health department and my alcohol violations with regards to the zoning and dedicati designation use of business after discussion with the Planning Department it was determined that after further review by the Planning Department they determined the that the blue fog market was zoned for 8 seats so our determination was bans the initial review and if you if the board upholds the decision for the dpw decision do uphold the permit the applicant has to revise their plan for 8 seats with the planning code thank you im available to answer any questions. Yes. Is this a market or a store. It is a planning question. That would be a planning question and when you know what a market is a market a restaurant is a place you go eat and you sit down what is a market what is a restaurant . Yeah. Commission the planning will come up after. I still have a question for them. Ill reserve that. So no limit on tables just the chairs. Per the code. I guess i can ask you first if not mr. Sanchez will answer that that is 8 seats total no beverages; correct . I prefer okay. Okay thank you very much. Dont leave yet. Im trying to remember from previous dpw cases involving sidewalk my memory didnt recall our department ever conditioning our approvals do you have any Good Neighbor conditions. There are conditions of for the permit holder this is hato maintain the sidewalks and keep the sidewalks clean and removing graffiti so there are a lot of conditions not a lot but conditions of having the permit for being a permit holder we dont specifically condition the permit i think that was your question. You dont normally. But add additional conditions. Overheads please. Overhead. So the section 4 guidelines and conditions of the dpw order werent that specified. Okay sounds like well hear from mr. Sanchez now. Any other. Well hear from mr. Sanchez now thank you. Thanks good evening president and other members i was sfoelg to specifically party to the appeals of the dpw permit and asked me to look at the Planning Issues that were raised by the appellant i did see and fiound the referrl was approved in error and the use was a restaurant and there are seating limits for restaurants but for Grocery Stores that are under the planning code to have an accessory of tax out food that is common in most Grocery Stores there is a small deli counter this is the planning code an accessory to take out from a size of a floor space im not familiar with the enlightenmeco no allegations it is operating as a restaurant other than what is brought up in the appeal weve approved it as a Grocery Store so they can have the accessory and no seating but under the planning code interpretation from several years ago it states that the amount of seats sidewalk seating may be allowed just to encourage activity and acknowledging the temporary seating depending on the weather and time of day not something that will be ongoing plus it is issued by the department of public works and encroachment it is revocable the city what rectify at another at a later time so the interrogation was issued saying you have a minimal amount of seats under the planning code section 23 it deals with calculations from you mentioned the beverages proscribes a length of 22 feet is the an old measurement that is what it is currently. It 3 factors into the total number of seats not shared seats. Correct so if it is just chairs it is simple and just 8 chairs but beverages well calculate the length of the beverages 22 inch and foot well count. A 6 foot beverage is 6 seats. Correct. So thats whereeverage is seats. Correct. So thats wheverage is 6 s. Correct. So thats wheerage is 6 se correct. So thats wherage is 6 sea correct. So thats whereage is 6 se correct. So thats whege is 6 seats correct. So thats whee is 6 seats. Correct. So thats whe is 6 seats. Correct. So thats wheis 6 seats. Correct. So thats where we are i contacted the permit holder to move forward with this sidewalk sooetd limited to the 8 seats. Ality it is noted this is a Residential District thats correct an rh2 Zoning District and it allows two dwelling units with the commercial use this is a limit commercial use it is exciting it is legal and grandfathered in and commercial that preempts the zoning controls youre allowed with any use to with the least intense district and further limited within a quarter of a mile of polk and mcds and industries has a requirement for constructive for limited restaurant if they want to doesnt even and go from a Grocery Store to the next is limited restaurant that will appear to require a conditional use authorization for this site but as it is right now we dont have complaints and determined theyre in violation that if theyre not a market with accessory take out it is what theyre allowed and hacan have e sidewalk seating up to 8 if they go through a change of use it is under the planning Code Unlimited up to the discretion of public works so im available to answer any questions you may have. Whats the Tipping Point what did you knthink the tippin p point with a Grocery Store of tax out food and a Restaurant TechnologyFood Technology has improved the good ole days you didnt pick up a salad or anything at a Grocery Store there is salad bars and food bars and it is exactly what youre saying there are for take out for local neighborhood kwhat the Tipping Point between that a Grocery Store and a limited restaurant which would trigger all sorts of other stuff. That the fast weve look at the seating for a Grocery Store no internal seating thats the definition as well as the square feet the 5 hundred square feet your devoted to that take out and looting the rest of the space and what kind of products are they offering and did 3 look and feel like a Grocery Store or specialist Grocery Stores theyre both retail formulas and the Grocery Store talks about a specialist you could have focus on cheeses or other products but you know, i think that is marriage the size of the space dloftd to that food and cowheth or not this is food and seating and we couple years ago we modified it and consolidated that and now were looking at this issue and kind of the Tipping Point exactly had this issue in working with the neighborhoods and Supervisors Office to better clarify the definition to be more distinct ill say generally limited restaurant are principally limit the city it is wild permit it is more densely controlled with the eating and drinking but generally from a Grocery Store to a limited restaurant will be a section 312 notification and there is a process. Thank you. Mr. Sanchez just to be perfectly clear youre saying should we this body agree to confer the permit or continue to allow the permit well need to condition it to a maximum of 8 seats. Yes. The code didnt specify the number of tables but i think that is something that will need to be looked at that make sense. We will take Public Comment may i see a show of hands on this item the appellant first remove that he isal and second like to ask those who are come up to speak fill out a speaker card and hand to our clerk and third ask people line up on the far side of the room to move through the speakers in an orderly fashion. Because of the size of the calendar two minutes. Two minutes because of the size of the crowd and the length of the calendar the first person should come up and approach the microphone. Ladies and gentlemen, of the board thank you for hearing our appeal oim living wells fargo within a block of the south market and moved for a safer neighborhood ive graveling concerned about the tables outside of market and building that is detrimental to the neighborhood ive never been bel approaches by the owner of the blue fog market and didnt benefit from the earlier efforts of Neighborhood Outreach customers are parking illegally blocking the swaugz and streets making it unsafe ftorpedos and other drivers that is impounded with trucks illegally parking on a regular bays basis this will lead to condemn it is worthy noting theyre able to sit outside with several beverages as a customer of blue fog market this is the on a attractive obvious i activist no, no smell left by the dogs as the owner says the owner is popper but dont need sidewalk tables to enjoy all the items im surprised not more time devoted to the fact federal and state there is a Elementary Schools nearby and given the residential area and most importantly the proximity location of the school i urging or strongly urge to not grant this permit thank you. Next speaker, please. Ladies and gentlemen, im a homeowner next door neighbor and patron of blue foggy ask you to retrack their permit for outdoor seating alu that an reef zone it also it is per planning code that calls for nono nonconforming use that meets the frequent and needs of the residential eir responsibility within a short distance of their home and cause minimum interpretations it causes interferes noise and traffic and congestion and litter and loiter the immediate neighborhood will be immediate relies of that for our home well be greatly impacts by the noise of the tackles and charges dragged to and from the streets and the laughter will not be masks by the ambiance in a commercial district like union street the two residential units located above blue fog will be impacted and the gentleman talked about his signatures of support from Neighbors Without physical addresses his argument is mute by the turn the customer cars parked in my driveway i assure you it blue fog has as thriving business that is moving on the business from the nonconforming Grocery Stores into a restaurant or cafeteria it is permitted for 8 tables and 16 chairs greater than cafes and restaurant in the commercial district it is offsite consumption uptick the rh2 not morph into a restaurant or cafeteria please help us save our neighbors by that. You want to state your name for the record. Jan. Thank you. Next speaker, please. Youre the spouse of Appellant Court so our represent by the appellant and your time to speak will be during his time if you want to and he wants to you, you can speak during rebuttal but not Public Comment. Okay. Thank you. Next speaker, please. Please step forward. There are several spouses that do they have the same amount of time. Any agent or representative of the appellant. Hi, im the neighbor around the corner and ive been involved for a number of years and im very much in favor of imply fog not having tables and chairs the front and preserve the residential quality and there is a school nearby and theyll be creating more of a traffic hazard and if there is tables outside that will create more of a danger i have children that are hit by cars the neighborhood and urge you to reconsider the grant of this permit and also the owner has said he is going to post an outdoor cameras and theyll monitor this 17, 7 days a week and 14 hours a day i do not say i cant see that will work it will take a stronger bounder for people not obeying and be able respect respectful to move on i urge you all to prototy practic please not pass this and please restore and keep the quality of a vibrant beautiful San Francisco neighbors so future generations can enjoy this and a residential and not commercial quality thank you very much thank you very much. Thank you. Next speaker, please. Thank you board for temperatures im moreen a resident of the block on green blew fog it situated on been there 8 years ive not met the owner of imply fog prior to the last couple of months he came around and tried to solicit acceptance of the property tables and chairs from the different neighbors the neighborhood i have respect blue fog is a Good Neighbor up to now it is convenient for them on the corner not a problem but until the idea of putting in sidewalks and tables and chair has changed the tennure of the business and sets a precedent we dont seek to set only two biz biz businesses blue