It is for what zoning code do we need working with the Supervisors Office or something so they can do the lot split without having to artificially touch the existing building for no reason and build new units. That is what we need to do. I dont think it matters if we continue it or deny it. Because theyre probably not going to come back with a merger. Right . Even if they could figure out this issue and figure out how to build on the garage. It wont be this. Right . It wont be a merger. Im comfortable going either way because i dont think well ever see this back as a ok. Hopefully the code has some room for it to allow it to be mr. Gladstone is walking up here. [laughter] we cant talk about it right now. But if there is a way to do it defrmly. You know, or it may be an s. U. D. Or some other mechanism or changing to the zoning code to allow for this. This is fairly common where there is a garage on another buildable lot and we should encourage that. Im not recommending these people, but is there Public Comment on this . We had it. Did we not have it . We had it. We did call it. We did. A couple of people actually commented. Can i say one thing no. No. Unfortunately were done with Public Comment. But thank you. Commissioner moore . This requires further discussion as a discussion item, i think we should agendaize it as a generic discussion. And have the Department Talk to us in which Zoning Districts and what reason it is, and it is impossible, to have a clear metrics that we dont understand your double guessing. For this project to come back by the end of february as theyre currently asking for. And there will be a foremost disclosure and robust discussion in the room being allowed to comment in Public Comment and take it further potentially as a policy discussion beyond what this project challenges us to do. But i appreciate commissioner johnson raising it to a level of much broader discussion. Commissioners, i might recommend if you want you could do an indefinite nit continuance and once we work through whatever issues the project might have or and or do additional consultation, we can come back and recalendar it with whatever iteration comes forward in the future. That way were not locked into a specific date is there even an advantage to continuing this if it probably leaves options open to the upon sort to help revise the project and or keep his application open if need be. That is the only advantage. Commissioner johnson . Yeah. I would say that i concur with commissioner mooser on having it be a more deaf policy discussion as we look at dense fiing the city. This kind of stuff is going to come up. But it is helpful to not talk about in the abstract and the specific. Thats where the rubber hits the road in this stuff. I dont think this is going to come back while i agree with commissioner hillis, but i think that having an open application is better than having no application and although it will come back to us as something completely different, or some other way of overriding our zoning code to do the thing that we sort of, you know, without the bureaucratic wording of our codes would want to see happen. I think it is easier to do that when you have an application penting that you are working on versus starting from square zero, nothing. Commissioner moore . Im concerned about the psychology of people affected by it. When we put these things into indefinite continuance behind the scenes, things happen. Right or wrong. Which totally comes out of the limelight of those who will be affected by it and im concerned that for that reason. I do not want to create ambiguity and uncertainty relive to what it could potentially do to the affected parties who are speaking in front of us, particularly because the issue was rent control and potentially b. M. R. Completely unanswered in this particular case. That is of grave concern for me and because of that reason, im trending more toward denying the project. And let it then come forward and there is nothing wrong about the ideas, the architect has developed but the consequences that are heavily weighing on us and it is our responsibility towards those who are seriously affected and their own ability to live there is really of greater concern to me at the moment. Commissioner johnson . I can definitely see that and would be supportive of that. One thing i would say, though, in just talking about some of the other Big Questions on rent control and b. M. R. , we had someone two hearings ago on this, or maybe i spoke to them prattly. Im sorry if my memory is fading me. But its my understanding that if we can get through a world where they dont have to touch that existing building, it is still under rent control. The whole issue of rent control going to b. M. R. Is essentially making them like new units. Staff knows that as well. But i remember talking to o. C. D. About that, either in a hearing or maybe outside the room. There a motion . We have a motion, but it is not seconded. We either need to second that or need to have another motion. Commissioner moore, you were leaning towards taking action what is in front of us . A motion for indefinite continuance. Yeah. And i was not do you have an alternate motion . Im going with the motion that is on our continuance calendar and that is denial. And i second that. It also supports to the architect and sponsor projects and the neighbor, i support a project here. We need to figure out a way to do it on that second lot without the kind of code gymnastics surrounding the unit count on the organize fall lot. Very good, commissioners. Theres a motion that has been seconded then. To disapprove this initial use authorization request. On that motion [roll call] so move, commissioners. That motion passes unanimously 60. Commissioner, that will place us on item 12 for case 644 broadway street. This is informational update. Thank you. Good afternoon. President , commissioners and department staff. The item before you today is an informational checkin hearing in regard to the conditional use authorization for boxcar theater at 644 broadway. This is the second such checkin hearing for this project. The subject building has its primary frontage along broadway with a small secondary frontage at rexroth place at the rear which ill generally refer to as the alley. There a total of seven residential units that have their sbr i and only street access along the alley as well. The theater is located at the basement level of the subject building and under the authorized conditions of approval, the theater use would be permitted to use the rear facing alley for patron entry into the theater until 8 30 p. M. Late arrivals exit from the theater into the alley and smoking by patrons were prohibited under the approved conditions. At the last hering it appeared as those boxcar theater was making strong efforts to operate within conditions of approval a. However, alley residents were upset and frustrated by the overall use of the alley, particularly by construction crews and other tenants of 644 broadway. The commission had requested another informational checkin hearing in order to better evaluate boxcars actions and compliance directly. Since that last hearing, staff has received minimal comments and communication from the alley residents until a hearing reminder was sen out recently. Those comments appear in your informational packet today. From the responses that staff has received, paoedly leading up to this hearing, it is very clear that the alley residents still have significant concerns and frustrations with the overall use of the alley. However, there is very little comment directly associated with or pointing to boxcar theater actions specifically as an operator. And some have even indicated that they would be fine with maintaining boxcars current restrictions. Staff is not aware of any complaints or issues with the theater that have been filed with the district Supervisors Office or police and on the whole, staff finds the boxcar has made strong efforts to abide by their stated conditions of approval and foster a positive relationship with alley residents. The concern and frustrations appear to stem fot from boxcar theater directly but wrather from the cumulative and overall use in the alley by others in the vicinity. Staff acknowledges these concerns. However, todays hearing is specifically intended to evaluates boxcar theaters actions in relation to the cants of approval for which staff finds to be in compliance. As a reminder to the commission, todays item is informational only. If the commission wishes to take further action either to amend, add or rescind, another hearing must be scheduled and dully noticed for that to occur. And lastly unless commission wishs to request any additional hearings on this matter, this will be the final checkin on boxcar theater. That concludes my presentation. Thank you, mr. Perry. Project sponsor, you have five minutes. Good afternoon. Im one of the producing partners of speak easy, which is produced by boxcar theater at 644 broadway. Id like to take a moment and share with you some of boxcars impact on the community. During a time in which rising costs are making the city rather unaffordable for artists and forcing many to move away, im proud to say that last year boxcar paid more than 1. 2 million to 228 theater artists, including a, tos, musicians, directors and designers. Weve also paid close to 1 million to 144 theater workers including stage managers, set builders, wardrobe staff, Box Office Building and ushers. We created 120 new permanent jobs right here in San Francisco. The speak easy has hosted more than 28,000 audience members, both local and tourist. Many of whom you can see lining the nearby restaurants. We created partnerships with central station, chubby noodle, broadway cafe and cafe tries to name a few. We participated in Community Events like the north beach festival, San Francisco pride parade, given away hundreds of tickets to support fundraising auctions for local nonprofits in the community and i personally directed the holiday Tree Lighting that was across the street two weeks ago. We spend hundreds of dlafrs every week at the broadway hardware, new grand enklaoers, Cole Hardware and other local neighborhood businesses. In short, boxcar has proven to be an integral part of the San Francisco business and Cultural Landscape which helps to define this amazing and very unique city. Weve been asked from time to time if boxcar needs the alley for its use. And from an operations point of view, i can tell you with all certainty that we do. We load 250 patrons in to the venue within a 30minute window. We want to get seed and having a good time as soon as possible. Its challenging with the three entrances that we currently use and would be impossible with only two. So ive made many efforts to work with the few residents whose residing alley. I met with a resident to discuss their collective concerns. Hes told me that he is in support of boxcars full and unconditional use of the alley. And we worked to maintain a safe, clean and noisefree alley. So as long as boxcar has fair use of this public alley, our interests will, of course, remain aligned. In addition, the Planning Department has derp tad were operating in full compliance with the conditions of the c. U. Some residents of rexroth lane will present a litany of complaints, none of which pertain to boxcar theater. Their concerns are directed toward other businesses, mainly china live, another tenant of 644 broadway. They also use the alley as an entrance for their eight tables restaurant. And they do not require c. U. And i think some of residents are confused about this fact. Weve also reviewed the submitted photos and were able to determine it was not our patrons in the images, nor any of our actors or staff shown smoking or using the alley in any prohibitive way. The stark reality is that north beach is a bustling neighborhood full of energy and aroundtheclock activity. Its certainly not the quietest neighborhood and columbus and vallejo is a rather busy intersection. Its the very definition of city living. Prior to the reopening of 644 broadway and cole harbor moving in, the alley residents must have enjoyed the soundlessness that empty businesses afforded them. I would hope that they could see the benefits of businesses bring enough benefits to outweigh the drawbacks. Together we brought a much kneed resurge end ofs of vitality to this part of the neighborhood. We see no legitimate reason for boxcars use of this public alley to be limited at all or to have conditions imposed upon us that do not pertain to any of the businesses of the neighboring businesses. In fact, we hope that this egregious limitation will be removed all together. In the meantime, we will continue being Good Neighbors and having a positive impact upon the north beach community. I want to thank you for the opportunity to speak today and of course i remain available for any questions you may have. Thank you. Lets open this up for Public Comment. I have in my speaker cards, ill call your name. If i call your name, you can line up on the screen side of the room and speak in any order. Trista, eric, la intersection, christopher, trity and zuatang. Go ahead. Hi, commissioner. [bell ringing] sorry. First i wanted to ask you if every day have custom, you know, how do you feel especially at night. So, thats my first question. This is not a [inaudible] since they stop this. If so, we should have, you know, [inaudible] from broadway. Since they own a business in the beginning they request the key from [inaudible] for construction delivery. And now they have, you know, opened a new [inaudible] as a man enters from the area [inaudible] and using the area 24 7 all day in and out and at midnight, 1 00, 2 00, 3 00. We install a camera about that. So, from the camera, i have a picture here. Here you can see lots of friday, thursday and yesterday last night i took the picture also. 11 30. Still have people in and out, parties, smoking in the alley. We have video. We can show it to you. Ok . So we installed video just for them. They say we lie. So, every day something. We want them to have good business, but it is not [inaudible]. We couldnt stay up all night, every day same thing. You know, before we installed the [inaudible] to protect the homeless, but right now we make [inaudible] theres homeless occupy the area. They do whatever they want to do. Considering the au. Two years ago, all residential sell the house and move. But right now there is another new owner showing the house. Last time remember last time coming here speaking, theyre showing the house now. Thank you, maam. Your time is up. Ok. Thank you. Thank you very much. Next eke spaoer, please. So if you need to show it to you, i can give it to you. You should give that to mr. Perry. So we have it. Next speaker, please. Good afternoon, commissioner. Thank you for taking the time. For the past 10 years, we had replaced the lock once. Since 644 broadway ownership took over, we had to replace or repair three times already in the past two years, the front gate. They never gave us a notice. They just went out and changed the lock and converted to a panic stop lock assembly. Without telling anybody. That same time, we had people cant leave or enter from the front gate. They had to use some of them had to use coles hardware rear exit just to get the street access. We didnt even get keys made from them after they changed the lock two days later. My wife had to show them the flaw that they did to the gate. So they had to modify it to add a panel so nobody could just put their hand through and open the gate without the keys. And the most important part with this debacle is they never told us if they replaced the existing key with a new key so the San FranciscoFire Department could have access to the gate in case of emergencies. Lately theyve been leaving the gate open at night. And anybody could go in and out of the alley. Which is not good. For our safety and everybody elses safety. The gate i mean, late at night, theyre constant, loud, banging from the gate. People, conversations, walking in and reeving from that property. And i really dont want to be the one to find out if it is coming from boxcar or china live. It really does not matter. Its coming from 644 broadway and that is their address. They should not be using the back alley the way it is. I appreciate them having a business like everybody else in San Francisco. They just want to make a pretty dollar. But theyre acting like kids. Lay down the rules and they dont follow it. They change the locks whenever they feel like it. They do whatever they want. The alley is not ours anymore. Its theirs. That is what it feels like and i do not appreciate it. Im glad theyre making money. Theyre contributing to the city. But theyre theyre just not communicating with us. I mean, all i really want is a little peace and quiet at night. So i prefer them not to use the alley at all. Thank you for your time. Thank you. Next eke spaoer, please. Next speaker, please. Good afternoon, commissioners. My name is christopher, y u. I live in one tracy place and i recommend the property of one through five of rexroth or tracy place as we call it. What im concerned is the business that falls under 644 broadway. Many times, i have tried you know, im going home and a normal day and suddenly upon entrancing the gate, im obstructed by escorts or bouncers or whatever you can call them. And they would question if im trying to enter and i tell them im just trying to go home. And there is no reason for you to obstruct my path, stopping me from going home. Im just saying i live here. And i really dont need to tell them every time that i live here. And im just trying to get home. That is one of concerns. Another one that would pertain to our property is that there are many different woodworks that has been going on in the past year or so. And many times there are saw dust and different material residues that are left behind and it is usually splashed along the walls of our property and we find that extremely disgusting. We hope they can fix the adjust that issue. We dont know who that would fall under, where it is china live or boxcars since there seems to be so many different businesses that is going in there. And occasionally i believe they do send out emails in advance notifying the work that will be done ahead of time. But what good does that do when they dont clean up after themselves afterwards. You know . Another concern would be smok