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tv   [untitled]    March 17, 2013 2:30am-3:00am PDT

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these other recommendations, i think we make a recommendation that supervisors continue to work with interest party related to its conditional use but we wouldn't put that in the language of our specific recommendation but as a secondary we continue to look for supervisors to work with the issue. >> i think the commissioner would try to make the motion that would include an item where a building had a sign that predates any kind of sign ordinance and is being replaced merely for identification purposes but probably not be articles 10 and 11 buildings. it's one of the signs that is not protected but it's been there forever. that's kind of what i'm saying in my motion, if that's understandable?
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>> sure. to take the test recommendation and to also add that to allow siebs that were installed prior to the sign ordinance or some other date, that makes sense to be subject to allow the copy to make with some evidence which is photographic evidence >> to look at possible approval. to approval by staff. it's not part of our recommendation. i would encourage it to be. i don't
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know if the commission is there on that issue. that was one of the options in order to a veil themselves. >> i think it could be a zoning administrator? any sign. >> i didn't hear that every sign. >> we talked about the zone administrator too. take advantage of the changing copy it would be approved by the zoning administrator. >> by the department. >> it has to be permitted.
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>> one of the options which is administrative copy. the difference would have to a planning commission for each and every sign that wants to change copy on a non-conforming sign. >> i would not be supportive of a hearing. there is enough protection from staff with the permitting process that would apply with those signs that might fit that category. >> i would be happy to talk about how this would be implemented and discuss that further. >> i think i will leave that to the department. bull butt i believe it goes to the process of staff and the head of
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current planning. commissioner moore, >> could you repeat is it staff working or supervisor working? the originator of this legislation? >> the supervising staff. excuse me, i apologize. >> commissioner moore? aye, commissioner wu? aye. this motion passes unanimously. next
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item is no. 10. an ordinance that would amend
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>> as you see the corner in general has a lot of liquor
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licenses. that's why our office worked with the lower polk association and worked with the knob hill residents to work how to deal with the quality of life issues created by the liquor proliferation of polk street. we crafted this lower polk street rud, using other models, our legislation would prohibit new bars and liquor stores in the rud region. would also prohibit, continue to prohibit tobacco shops. new restaurants coming in, seeking 47 permits would be allowed. but not to be open past
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midnight. and entertainment would be permitted through continual use. i want to stress that we create flexibility to transfer their liquor licenses. that we thought would be an important component of protecting the businesses in the corner. this is in some other ruds and sud's but not all of them. and thought it was important to include. since we entered the legislation in october, we met way lot of stakeholders in the community. and attended neighborhood association meetings and appeared before the small business commission and the entertainment commission. which have recommendedapproval, and that we look at density control in lieu of a finite cap for bars. small business and entertainment
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have recommended 100 feet as does the planning department. with these recommendations we have asked sophie hayward from the planning department to evaluate the density controls as a policy alternative to the cap on bars. this following map -- so this following map created by sophie and the planning department illustrates how essentially a 300 feet control would be the same as equivalent of a cap. no new permits could come in with a 300 feet control.
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but 150 control would allow new licenses to come in on polk street and the south of this corridor. our office have discusseded this option with the lower polk street association and existing bar and restaurant owners in the corridor and others in the california association. while the neighborhood association favored an out-right cap for the control. and something that we discussed last evening. we have heard from stakeholders this could be a policy alternative to the cap. to address saturation of the liquor licenses in the region without fully prohibiting new bars into the region. thus we are looking at 100 feet density control that staff recommended. but we probably would like to
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see the control codified as being discretionary. i want to close that our legislation is not to diminish night life in the corridor. we have heard from residents that they don't want to see vacancies and not enough businesses to support the neighborhood. that being said we want to take a pro-active approach to keep lower polk diverse and i am happy to take questions after sophie's presentation. >> good evening, we recommend that you go to the board with modifications. the proposed ordinance would amend 723 to extend the existing
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restriction on tobacco paraphernalia establishes. and extend that for three years and provide to the buffer on the c.d. i extended a map and to the public. and the third mile shows the extent of that quarter mile buffer. the second piece of the legislation would be 788, the lower polk alcohol district. and as indicated it would be along polk to the north and to o'farrell to the south but not the parcels that front on california or o'farrell. and from van ness to the left but not include the let's on van ness or larkin. this will overlap with the rc-4
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and mc-3 zoning districts. within the new proposed lower polk alcohol pud, with these restrik -- restrictions to apply. liquor establishes would be considered an abandons use if the bar is not in operation for 180 days or more. and this would not provide to limited live performance permits. and new restrictions not to be open after midnight. i would like to outline the department modifications. first remove the tobacco paraphernalia restriction. as the commission knows it's
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very difficult for the department to distinguish between the sale of tobacco paraphernalia as a land use distinct from any other retail space. and particularly in the polk street ucd the existence of a tobacco paraphernalia establishment. what that means that the presence of one pipe establishes the establishment from retail space to tobacco that is prohibited. that means that an owner could change his shelves within minutes. and secondly this was establish in 2008. any store in legal operation of tobacco paraphernalia prior to 2008 would be able to continue. and for the same reasons it's
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difficult to establish whether or not a retail space was in operation as a legally tobacco paraphernalia to 2008. that's the reason why we recommend removing this restriction from the existing polk street ncd. the second recommendation has to do with the lower polk alcohol. that new liquor licenses would be allowed with continued use by this commission. however we suggest adding specific findings to allow the cud. and we recommend to amend section 303 of the planning code to add a finding that a new bar is within 100 feet of a parcel on which an existing bar is located. and secondly we recommend that the planning commission adopt a policy that the department's recommendation to you, to this commission, as part of the
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continual use operation would be disapproval of bars proposed of 100 feet of existing bars. that gives you the exception to recommend or not but our default is disapproval. this would trigger close examination and analaysis of bas in the proposed district. but allows of approval of the planning commission and establishments of areas not permanently saturated and appropriate of new businesses. along those lines i want to make note of the maps that are available for the public. that is that the data we have for the abc licenses is not our data. it's from the abc website. and it's not 100% accurate in terms of location. all of that data would need to be field checked if any density controls were in place. and that's why we wanted to make
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sure that if a concentration is incorporated into the rules, it's by parcel and not by the specific location of the dot on the map. we also recommend that we modify the proposed abandonment period to three years. that's the standard three years we use as a period after a use is discontinued or abandoned outlining ed in planning code. and lastly we recommend that the closing of midnight. the department believes that remaining open at the same time that bars that bona fide restaurants for the finding of the amendment, and keeping eyes on the street and providing alternative to bars and liquor for food. the staff has a response by the
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small business commission. which i included in your packets. and they recommended approval of density of concentration of existing bars be krconsidered. and the second is a letter of opposition submitted by mrs. chapman, and i believe she's here today there. that concludes my presentation. >> opening up for public comment. i have three speaker cards. stephon karnell. sean marsinic. whoever is ready. >> robert garcia, i live in malone hill history hotel and apartment district. eight square blocks, we have 293 buildings on the national
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registry of historic places. it's the most densely populated area west of new york city. most of the people that live here are working people. we are being affected by what happens on polk street. tremendously. especially with the bussing in from people from the college campuses. they used to park right in our neighborhood. created such a problem that they were finally run out. what are they doing now? parking in the financial district east of union square. and walking across our neighborhood going to polk street for the bars and partying over there. and after they close, two or three or four o'clock in the morning, they are coming back. and sometimes as many as 100 in these groups. and it's very disruptive. so that's a side effect of what is happening on polk street. it never used to be that way.
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i have been in the area since 1955. and i left, went in the army, went to school and came back in 1965 and i have been living on the hill every since. there is a proliferation of alcohol licenses and entertainment permits that should not be happening. and we are not notified when there is conditional use operation. this needs to be corrected. so that the neighbors know what is happening in their neighborhood. also the groups that are on polk street who are supposed to be representing the neighborhood. are approval these liquor licenses. one of the organizations approved seven in four blocks. they can't speak for the neighborhood. this is a large area. and it affects all of downtown civic center. that's from market street to
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bush to stroockton and franklin. it affects what is happening on polk. all the restaurants that used to be there with the 47 licenses are turning into clubs. that needs to stop. they are not bona fided eating places. this legislation should be a blanket moratorium and we have to reduce what is there now to protect this neighborhood. thank you. >> thank you. >> any questions? >> possibly later. >> thank you. >> (inaudible) cornell had a two o'clock meeting, okay, linda chapman for knob hill neighbors. i sent you a copy of restrictions for other districts. which are certainly more strict than what is proposed here.
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although this is model on some of them. i would like to refer to what happened with student housing. a lot of people discussed in a rationale way with the director that was responsible for a wonderful process. and a few people that didn't want to have controls. and then all of a sudden emerged this thing from staff. we will throw that out and do everything by conditional use. i think you realized and a number of people pointed out, that was not going to work. if conditional use was going to work for this, it would have worked before. what is proposed here is to reduce the restrictions. the restriction now is 200 feet. it's not a hard firm, it's a guideline. both in abc law and i think in the planning code. the map you were given, this is completely inaccurate.
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i am not talking about missing one or two. there is one block where she shows five licenses and there is nine. and on california street there are two bars next to each other. and also eating places not shown. california street needs to be included in this. and the rest of ncd from california south. because it's very serious now. and all of that area. and california street i understand has more proposed. i keep hearing. in fact i wonder why they wouldn't take a contract for the (inaudible) unless they want to turn that into a nightclub space. my sister took the bus the other night, the 19 on a saturday night about 11:30. the bus kept stopping. huge crowds outside of these bars. she said, why would anyone come? well, they don't but these youth. and now every bar they are all
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lined up out there. it's impossible for this number of bars to actually survive based on the people that live in the neighborhood or nearby. they are bussing people in from richmond and advertising at san francisco state. you cannot get on a bus like the 38, 1 or 5 sometimes, it's like rush hour coming down. they pass you. what is the result? what is happening to the residents and the businesses? the coffee shops are closing at 8 o'clock instead of 10 or 9. restaurants are disappearing or their spaces are taken, or being priced out. the 1100 block is where we used to eat, those restaurants are gone now. you can't survive in these circumstances. please send this back to be looked at more instead of trying to do what staff is telling you to do here.
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>> patricia boyd, this is a city-wide issue, we are having similar ones on two different neighborhoods. one the problems we are having over the city are restaurants. with 47 and 48 licenses. people come in, they tell the abc it's going to be a restaurant with a bar. and all of a sudden it's a bar with tater tots and cheetos. in this legislation you could state some modifications if they are a restaurant, they must adhere to the law of 50%. food with booze. number two, is that we got a problem of enforcement. we have several complaints into the planning. we have had several complaints into the police. and several complaints into abc. and all of them are pointing to
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each other saying what the ramifications are. and no one is doing anything. you need to specify or modify what the enforcement procedures are. and how it's going to be done. otherwise you will have hearings and hearings and all sorts of things. that's my input. thank you. >> commissioners, my name is sean marsiniac, i am a lawyer, and here for abc theater and parki parking garage. i am here to recommend that the commission consider nonsubstantive changes to the wording of the proposed ordinance and the resolutions. i have a map here, i could use
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the overhead. so graphically you will see that the proposed lower polk street rud is the lots that are bounded in red. you can see from the map this is what is proposed in the staff report. that they do not include 1000 van ness, which is the part i drew in. this part right -- that's 1000 van ness. it's clear from the map that it doesn't include my client's property. however when you look at the wording of the proposed resolution in the ordinance. it actually brings in the narrative sense it brings the boundaries down to o'farrell. that is just below the hatch box
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that i drew. we are asking that the narrative language in the resolution and ordinance, be modified to clarify that the stops placed in myrtle street is north of our property. it's clear and forecloses any amb ambut -- ambiguity in the future. that's my questions. >> any additional public comment? okay, seeing none. public comment is closed. i would like to ask and maybe staff could address this 1000 van ness. is it correct in the description it's included? >> the actually the description excludes that lot. the description says that the proposed sud would go as far south as accepting the lots that
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front o'farrell. and all the lots south of ob taupele place and it's excluded and i understand the confusion. that's very much a nonsubstantive change that i don't think anyone would object to. >> commissioner antonini. >> yes, i would like to get some are information maybe patricia would like to come up and answer come questions. i missed some of your testimony. i am a little bit confused about the problem itself. when i am along polk street it's earlier in the day. and looks better than it used to. still has a way to go but it's getting better. i want to find

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