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tv   [untitled]    October 30, 2011 12:00am-12:30am PDT

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>> before we get started, i would like to tell everyone to turn off your cellular phones or any electronic devices that may sound off. commisioner moore? fong? antonini? olague?
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>> i am wakin gup. >> -- waking up. >> miguel, and borden is expected. the first item proposed for a continuance. this is case 2011. 00634135 el camino del mar. the staff is asking that you continue this item out another week to november 10. item #2 is case 2011 with the proposed continuous to december 10, 2011. item 10 is 41111 california st..
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and item number four, case 2011 -- please note that this has been withdrawn and this item as no longer before you for your consideration. >> commissioners a guy will be recusing himself and we can take this up. commissioner? >> commissioner sugaya: can we take item 3, separately? >> you can just -- >> i live within 500 feet -- >> so moved. >> on the motion, 41111 california st., commissioner
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more? -- commisioner moore? sugaya is recused. and basically -- we will just do what he suggested. and if you don't mind we will open this before public comment for these items, and we will take number three separately. >> we will open this up for public comment on one-to-4, and we have a speaker card. and this is withdrawn? >> this is 1-2. >> i am the adjacent -- the lawyer for the adjacent property
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owner. i don't have a problem with a one week continuance but the issue i want to put before you is the need at the hearing to set a definitive date, where this is resolved. this hearing happened in may and we were faced with extreme reluctance by the property owner, to even meet with my client, despite the clear indication from the commission that they should meet. we want to get this over. they don't live there but he does. and this place is a big problem. and i would ask that -- i understand that jonas is the reason it will be continued.
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the staff is prepared to come in with a definitive report on when is the deadline, and emphasizing the importance to mr. and mrs. yi with this hearing. they have had a variety of people representing them. andrew is no longer representing them. there was the e-mail that jeremy paul was representing them. we are now dealing with the only person who is a professional who is working with them. we really want for this to be resolved. my client wants a negotiation and i am not kidding you but we can't if we have someone who does not want to talk. at the last hearing there was a
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discussion of changing the motion from what has been negotiated to going back -- >> the city attorney tells me this is not on the request for a continuance. >> i am reminding the commission and i would ask you to set a firm date. i don't have any illusions that this would be settled by the 10th. but having this finished by the deadline before christmas. this is going on much too long. >> and is there additional public comment on item number one or item number two? public comment is closed. commissioner? >> i will make a motion, but i was about task. i assume the pause -- project sponsor has recall this.
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i will move to approve for a continuance. item a. and item b, to november 10. item #2 to november 2, also. commissioner miguel: as far as i am concerned, i am not inclined to move to item one-day and one- b anytime beyond november 10. if either of these parties are listening, or will access this hearing, i want for them to understand that this has been too long of not getting together to have this on the calendar. this is disruptive to the calendar and the process of the
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department, and either get this together or we will make a decision, as far as i am concerned. >> i completely second his thoughts and i believe the commission and the staff were on the working end -- there are not enough funds available to allocate this and this is very obvious. i say that we hold together on the 10th and do what we need to do, whatever this may be. commissioner sugaya: it has been as of november -- six months. this is plenty of time. >> commissioners, if you could clarify who seconded the motion? >> i did this. >> the motion is for the continuance to november 10. on that motion --
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>> aye. >> aye. >> aye. >> aye. >> aye. >> thank you. those items were continued to november 10. sugaya is recused from item three. we will take public comment right now on item number three, the continuance of california street to november 17. we do have a speaker card. you can line up to my left, or you can and does the speaker card, whichever you would prefer. >> i am the president of the
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knob hill association. this item has drawn extreme interest from the neighborhood residents in the vicinity of california street. i've been receiving phone calls since this was calendar and ask for the continuance until january 12. the reasons are, with many of the neighbors traveling, going to the holidays will be a difficult thing. many of those people beat visiting their grandchildren out of town. as i look at this case, it goes back to 1958. this is more than 18,000 days.
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what we're asking is for 55 days so that this case can be thoroughly heard. i think you see the significant complications involved for both sides. i would request the item be continued to january 12 of next year. >> pardon me. i am stanley, of the kob hill coalition. i hope you received a letter that we offered in the last couple of years. we requested in the letter that there should be a staff report
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regarding these issues. this is important to the reasons for the request. literally hundreds of people have invested their lives in their neighborhood who are affected by this and there is no meaningful way to find out what this going on. we have not yet seen the position of the department, and we're hopeful but there'll be a submission from the other side of frankel -- frankly, we are not a corporate organization. we are a group of many citizens who need the chance to see all of these materials and to get the position together. we are genuinely concerned that is almost as if to -- the events are putting us at the worst possible time of the year. you remember, when you went to grandmothers for thanksgiving and christmas, we have a lot of
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grandmothers here and a lot of children who come to visit on holidays. this is a complicating factor. we need time to give this adequate deliberation. the only other thing i would emphasize is that we do not oppose the granting of the application. provided that all the facts are considered and we can come to a common understanding of the historical and existing use. we will refrain from any objections to anything currently scheduled between now and january 12. in our view, what is the hurry? thank you. -- >> i live at 1170 sacramento
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st., about 400 feet away from the project and i would also like to request that the hearing be extended to january 12 for the same reasons as the other speakers. the holidays are coming up and the impact on those who would like to review whatever this is that the department's staff comes up with and what ever the applicant would like to come up with so that we have sufficient time to do this in the proper fashion and as he indicated, many of us have an objection to them continuing their current operation to january 12 and we hope that they would see the a original time request is in the interest of all the parties. thank you. >> good morning.
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i am the director of the knob hill association. at the risk of repeating what everyone has said so far, i would like to second what they have said so far. the holidays certainly interfere and we would like to give this every second of interest that we can, and not be converted by the holidays if at all possible. thank you. >> hello there. i am a resident of nob hill and i would like to respectfully request the continuance to january 12 for the reasons stated by my neighbors and i would like that one other thing, we are aware of the eir.
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there may be numbers and information in these documents related to this application, and we need this extension to january 12 to see the information in the application and if this is relevant, and thank you for your consideration of this request. >> i am a resident of knob hill, and i am here on the point of order. i have read that commissioner miguel was formerly an officer of the masonic order, a grand master. and i would like the commissioner to recuse himself
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from this proceeding and every future proceeding regarding this matter. i have nothing further to say. >> i am linda chapman. i will second at the request. my reason is that this is very complicated and more than i think the officers understand. i have not seen the package yet, of course, but i understand that the environmental review of any kind will not happen because this is exempt. the last time around, there was some documentation i could look at and eventually there will be a rationale in writing but it is hard for the officers to understand what i am talking about.
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i was able to look at the rationale and then to go researched the guidelines. it was obvious that could not apply by the time it went to the conditional use. the judge found that this was true. the judge says that this needs to go back for environmental review. . this is exempt from the statute. this is something that needs legal analysis and people have to have time to do this. i will mention on the environmental side of things that there was a traffic study that was done. -- >> you need to keep your comments to the continuance. >> the reason the continuance is needed is so people can look at
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the subject and actually request to have this not exempt from the statute. and then we go to court and the last time this was soon out, the whole of zandt needs to be thrown out. people cannot get this on the record. the traffic study was badly flawed. but when i come back -- i will be told that this cannot even be considered. and i realize you go on all the time and i used to spend my christmases down here for hearings or at the board of supervisors when we were fighting the high rises. by christmas tree was the city hall christmas tree and this is an issue for people who will be out of town. this is so important.
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>> i am elizabeth from jones street, the only painted lady on the hill. and all three of us are concerned about what is happening with masonic. we want to examine all the issues involved and all of the paperwork and we truly feel that a continuance to january 12, -- this could be beneficial to the knob hill association and the people who are trying to put together their information. thank you very much. >> and is there any additional public comment? just come up.
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-- i am michael barrett of the knob hill association. i have lived here for 30 years. i don't understand why this is getting another continuance. this has been going on for three and a half years. i know that some of the people from the nob hill association say that we should do this in january. i say not to do this at all. this should not be continued for legal purposes and i am against this happening. and thank you very much. >> is there additional public comment? >> good afternoon. i am here on behalf of the owners of the masonic temple,
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and we support the continuation of what oppose any continuance until january. this hearing was noticed three weeks ago on october 7, with six weeks of time for people to prepare for this hearing and we believe that this is plenty of time. this hearing that we're talking about is only for the interim conditional use. we continue -- we continue to operate with the non-conforming use until this is completed. this will not be done until 2012. we will recommence the hearing on the permanent addition, and the other reason is because this cannot make much progress until this hearing takes place. this is the baseline project that they can analyze with potential changes. and that material and analysis
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will not be ready until the end of 2012. and this time is the continuation -- and there is a rule that the nonconforming use needs a new conditional use to continue with operation. the issues here are not particularly complicated and there is plenty of time for any factual questions to be answered. there'll be a staff report a week before the hearing. we have evidence that may be jeopardized, and we are trying to reschedule the new events for 2012 so that this -- if this is not resolved until 2012 it will be difficult for us to schedule things into the future. december 17 as part of the holidays.
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i am not aware of any policy for mid november to mid january. this is part of the effort to close down this -- and they sued to overturn that this was an nonconforming use. before this hearing was scheduled, the coalition asked them to terminate the proceedings and the permanent liquor license. they continue the proceedings until this matter could be resolved for november 17. we will recommence those proceedings in january. thank you.
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-- >> i am adel humphries. i am in opposition to the conditional use authorization. i did not want to just get up here and support this -- i felt i needed to stand up, because the indicates that this was the interim proceeding that will govern a short amount of time until they can put in place several to plans and get the authority to build up the facility that they have in mind. and there are questions about if this can legally ever be done. the decision on this conditional use may be what governs the operation from now until the indefinite future. i wanted to make this clear.
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this is not some interim deal that does not deserve your intention -- attention. i am a resident of the knob hill association and i request that this matter be continued until january 12, thank you. >> members of the commission -- transit first did not work well today. i am requesting that you consider extending this to january 12 for a couple of weeks. this is what has been testified already and the attorneys for the next couple of weeks -- they're working with the city attorney's office on other lawsuits so i have not had a lot
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of time to focus on this matter, to have this ready on the 17th because we still have not seen the submissions because this was not posted and then i went to the planning department requesting to the city attorney's office to look at any records for this matter, so i will have to make another trip there, and after that, i will come back to start this matter, and during the christmas holidays i will have a brief appearance on another matter. i put this out as another reason why i personally would request the continuance. thank you.
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>> and is there any additional public comment on the continuance? -- >> i am john turner and i live on nob hill, next door to the auditorium. i have attended all but one of the hearings that we have had, and there are so many people who think they have never had a chance to speak and this is very important. i am speaking in favor of changing the date to january 12 because we would like to get a chance to have maximum exposure. at one time, there was a meeting which we thought was very important, and we went out to the neighborhood to ask people to come. the largest attendance of any of
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the meetings. and the lawyers from the organization had a large amount of materials they wanted to -- they wanted for people to read. but there was not time during the meeting and they should have sent this out in advance. they said to read this and come back at 1:00. they had given up work, and they just did not get a chance. and this kind of thing has happened repeatedly, upsetting members of the association. i believe that we should give every chance that you can for the largest attendance. on january 10 you will get a much larger attendance than in november. >> and is

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