A. D. A. But d. P. H. Has reviewed the plans and approved the plans. So we are on our way to getting a Building Permit and implementing d. P. H. Policies. I got it. One of the things we do, and this is kind of unusual, we put a condition that you consulted a sound engineer for the noise in the backyard. I thank you need to do that. I really do. If this were a music venue, we would be asking for snow sound watching the backyard. We have to contain as much sound in the property perimeter as we can. This will be somebody you would work with as an expert on. You said there were specific hours were dogs were allowed out back. What were those hours,. I think it will be answered specifically. My understanding is they dont let them out first thing in the morning, and they let them out periodically later in the day. I am with commissioner richards. I am the general manager. The dogs are usually let out and supervise between ten and closing. During the week until 7 00 pm. Never before 10 00 am. Those are examples of good conditions of approval. You should work with some of the neighbors because we are hearing conflicting things. They could be activity later in the evening. It would help everybody to come up with i hate doing this, but coming up with a list of conditions of approval that certain times there arent dogs outside. There only a certain number of dogs allowed in the facility. There only a certain number of dogs allowed outside at any one time. That is the best way to go given where we are given the confusion of what is in this as a condition and what is not. I suggest that the work plan that we have caught coauthored does have all those items that we have gone through already. They are fairly specific. We do have even the current protocol dogs will be allowed outside. I dont think it does. We can make conditions on almost anything to get the c. U. Unfortunately. We are describing the current when dogs are left out. I think it would be good to give the neighbors some comfort to document those and those are there. Or when they say you are not supposed to have dogs out, it is not midafternoon but it is six or whatever the timeframe is. I do think we are better served. As much as i dont necessarily want to continue this. Can i try a motion . Okay. With a bunch of conditions here. One that they adhere to all of the items on exhibit i, which are a number of things if you guys want to take a look at that it addresses noise, attic addresses drainage, smell, operational employee conduct, contacting owners, i would like to add a couple of things. There is a neighborhood liaison set up pick one of the adjacent neighbors volunteers to be the liaison. I would like to suggest we have a oneyear look back. I would like to suggest that the continued we continue the inspections, whether they are quarterly or whatever as the work is being done. I would like to suggest that dogs are not allowed outside after 7 00 pm. I would like to suggest that soundproofing indoors and outdoors, im not sure what the best practice is, but to look at best practices like a bar situation to do soundproofing outdoors as well as indoors. And i dont know if there is a decibel limit for dogs are not, but if there is one, to adhere to that. The morning, i think i will guests with the neighbors of the evening is probably more of a real problem is in mourning. My dog goes out and wants to pee at about five in the morning. I think it is an unnatural bodily thing. I dont know how you can restrict dogs not going out in the morning. I think at night or after dinner hours is not acceptable. I believe that as a motion. Commissioner more class. I would be more inclined to side with suggestion made by commissioner richards. Some of these questions need to be answered partially because there are too many conditions. Since hes conditions are the only things we say that there is not any particular authority. I like the neighborhood liaison and all of those things but i would like to see more specific responses prior to conditions which would be in addition. I happened to be the person. Sometimes being overwhelmed by commissioner richards dogs in the background when we talk. I love his dogs. Theyre very cute. When we talk, when we hear neighbors talk about that as an impact, i look at this drawing here where the commercial strip is a very small lien use in comparison to the wide area of yellow which is residential. I can imagine what the noise impact is, even if you like dogs , it is not anything to do with you liking but it is the impact of dogs incessantly barking or somebody yelling at them that gets on your nerves. It has gotten under your skin and it has no way escaped from the irritation. I do not live near a kennel anywhere nearby but have to put myself in a situation. I would emphasize and sing i would like to have the answers first before i support the panel , which in principle, idea because it is an important neighborhood and i like to have the Technical Details for the clarify. In addition to that, and that is a question of not as, but probably d. B. I. , is you are changing the drainage pattern and im looking towards mr super you have to look at how the rest will function when you start to pay. We do not normally encourage paving of backyards. I dont know the code or the rights on that but i will ask it is also being done. Assuming basic conditions are being answered and we are not approving this onthefly. I would side with commissioner richards to get certain technical answers prior to undertaking approval. Go ahead. I just want to point out for this use or future use, one of the mitigations in one of the voluntary conditions is to have employees use their inside voice and i know that is a subjective thing and difficult, but i want to point that out that they are aware of that. You know what is like what children. When you try, it doesnt listen. You will be raising your voice. I know you have to speak a little louder for your dog to listen. This is part of living in a city. This is this establishment has been here for seven years. Is a little bit like and i know some of the neighbors have been there before seven years, but it is part of living in a city and it is like the person moving in on the line and making a complaint about the noise of the cable car hitting the street for new neighbors coming in, it is like event venues where it is buyer beware. This is what you are signing up for and understand there is a nightclub next door or veterinary service. Commissioner richards class. Lets take a step back. It is not like the project sponsor is paying a lease and not getting the benefits. Because we are not letting them open until we finalize all this. Lets let you work with d. P. H. And the neighbors and come up with conditions of that staff is fine with and have the neighbors agree and put it on the consent calendar. You will do this anyways. Have it fully baked i feel like we are doing this onthefly. Theres no harm to the business. The business still operates. So what is the rush . That is why i would make a move to continue. I second that. Is there a continuance . I like where both of these are going. Lets try to work something out. The neighbors are hearing from us. This use is a fine use here. But there has to be some kind of limit and conditions in the back you are fairly far along with that. Hopefully you can all come back and it is on continuance. This doesnt harm the business any shape or form. It does actually. What we do have is the permits for the daytime operation. Were not allowed to do any new reservation for overnight boarding. That is a huge component of this business. Absolutely pick. I am not a sound engineer. I dont think this is fully baked yet. I dont want to hurt the business but i want to protect the neighbors. We have been talking with the neighbors for months and months. That is why we try to come up with their own plan. It is hurting the business because we cant do any overnight and we are coming into christmas and the Holiday Season so that is why. That is why we try to come in. Lets put a plan together and put some conditions together. I think what commissioner fung said, those are fine conditions to add. We can come back in a year. We have done that before in other cases too. I will support a continuance for the reasons that we said. But it is not just about the business but about a large Residential Community where we have heard concerns and their they may be subjective. I would like to get an objective reading from people in the matter in order to make a fair decision. If i put myself in their position, i would probably react too. Once he gets under your skin, there is no escape. Lets be fair to both parties. We are not harming or closing the business. We are not asking for seasonal operation. But just proceed in a diligent matter of how we normally do. There is information missing. Can we do a week class. I might add that in the past, the commission has directed staff to work with the sponsors on specific issues. We definitely have heard clearly about the range of issues that you are looking at, and since i know he has been an communication with d. P. H. And we can reach out with d. B. I. To work through some of this. I might add you could require the applicant to host another community meeting, for example, after implementation of some of these measures after a certain timeframe to bolster what commissioner fung has added into it. That way we are ensuring the communities being heard in terms of the range of options they are looking at a given that we have a look back here as well as inspections, i think that is what you mentioned. They are certainly items that are implementable from staff and in terms of followup if you are inclined to move forward today. I would be happy to address staff with coming up with a list of conditions i dont know if we can approve this but asked that those conditions will be worked out with staff. But also limited hours. Specified hours in the backyard and the improvements he talked about and how many dogs are allowed in the backyard and how many dogs are on the facility at any one time. Most of these he captured and more. But if you were to i would be ok if we direct staff as a condition of approval that we ask you send back to us in the next 1212 weeks. When you say come back into what 12 weeks, what are we coming back with class. Give us a conditions the specifics. It would be great if staff could be at that meeting between the neighbors and the operator to come up with the condition. And coming back in amendment form. And include the sound engineers. I think we need to bracket it somehow. It is not after 7 00 pm but before. And when they can start. 77. Okay. I will amend the motion from 7 00 am to 7 00 pm. We are also asking these dyes to broker a meeting between staff. Those would be the maximum for dogs outside. I think those are the maximum hours of staff. If i understand, in addition to items that commissioner fong specified earlier, we would bracket the hours of 7 00 am to 7 00 pm with discretion by department staff, if the range is to be determined into staff will attend meetings between the sponsor and the neighbors. Kind of work through some of the material, and then staff would also consult the other city agencies including d. B. I. , and the department of Public Health to determine the appropriate measures that need to be undertaken to address the concerns in the project. Commissioner moore . I would like to voice my concerns. Since this was a weeklong operation, for example, it is 7 00 on the sunday morning, or even in a saturday morning, having to potentially confront the barking of dogs and to the voices of people trying to calm dogs is not acceptable to me. Not because i am against dogs, but since we have a responsibility to the use being residential, thats why i cannot support this. I think it is an interference that goes beyond the construction rules in residential construction. It is 8 00 am5 00 pm and it is the tighter time frames that govern in order to be compatible with residential. I look at that. I am not against the use but it has to be moulded around parameters on their weekend morning and when they want to sleep. Et cetera. It has to work in some form or another. That i assume dogs are being dropped off. We will push the Opening Hours to 7 00 am. That is when we can ask staff to look at who can stay overnight and how many can be outside the hours. It could be different on weekends. I go back to what i said earlier. This determine the Business Plan and Business Operations including all mitigation measures as being doable and in place before we approve this see you. There is a motion that has been seconded to continue this matter which takes precedence over the approval with conditions. We do not have a date. Next week. Commissioners, there is a motion that has been seconded to continue this matter to december 20th. [roll call] i will go know because i think we will get more out of staff working with the neighbors and the operators then we will do in a week. I think that will happen after. We need to take a vote. Im not looking for the neighborhood meeting to happen. Im looking to quantify all the things we did and the conditions we have before us and then we say well they work with the neighbors and then we at least have something that takes more form than we have. Thats all. There is a motion that has been seconded to approve this matter with conditions as amended to include all items on exhibit by, submitted by the project sponsor for there to be a neighborhood liaison. A oneyear look back back continued quarterly inspections unannounced, no dogs outside before 7 00 am, and after 7 00 pm that can be modified by staff for there to be a sound Consulting Engineer best practices implemented, for staff to attend a meeting with neighbors, and consult with d. P. H. And d. B. I. , and for there to be a memo within update for an appropriate amount of time within about a month. On that motion [roll call] we will come back a year from now. And i think that is a better way to go and get the details. Of the staff working with the neighbors and Property Owner to do that. That motion passes 42. That will place us in item 15. Conditional use authorization. Good evening, commissioners. Im with Planning Department staff. The item before you is a request for a conditional conditional use authorization to establish and legalize an Outdoor Activity area at 1127 folsom street. The Outdoor Activity area measures approximately 728 square feet and is accessible by two connecting boris at 1123, and 1127 folsom street. The project site is located at the corner of folsom and the street within the folsom street and c. T. And the 65 x. Height and bulk district. The proposal involves a trademark and copyright which are locally owned and not considered formula retail. The project sponsor has operated trademark and copyright of the project site since june of 2017. The hours of operation for the actual bar is very. Closing at either 10 00 pm or midnight during midnight his, 1 00 am on saturdays, and 8 00 pm on sunday evenings. Given that there are a handful of residents in the neighborhood and surrounding area, staff is conditioning that the Outdoor Activity area close by 9 00 pm. Although the two bars will remain open later than the Outdoor Activity area, they reduced hours will assist in minimizing the impacts on adjacent residential uses. To date, the department has received one anonymous call, one petition with 21 signatures, and two letters all in opposition to the project. Concerns have related primarily to the noise levels of the Outdoor Activity area. The department has also received more than 30 letters of support of the project and additionally, the project sponsor has collected over 1200 signatures in support of the project for the assigned and ongoing petition. Since the Commission Packet was published, the department received four additional letters of opposition and i have a copy available for commissioners upon request. The Department Recommends approval with conditions and believes the project is necessary and desirable for the following reasons. The project promotes and establishes businesses and contributes just contributes a viability of the overall folsom street and c. T. The project meets all applicable requirements of the planning code. This concludes staff presentations and im available for any questions. Thank you. Project sponsor . Welcome. Good evening commissioners, my name is kingston and i represent the Investor Group that owns the two business is in question. I am 40 years old and born in burlingame. While we cannot choose a ratio of drink to food that customers by, we offer a full menu that is larger in size than our cocktail menu. We took the place of a previous business that failed. It was a higher end restaurant that was known as radius. It had recontacted as a taco store. The business was there for about four years prior just taking over the space. Before that, it was a famous or infamous julies supper club which i understand was a nightclub with a type 48 license which requires no foodservice. We have been in business for about a year and a half. We were in construction for six full months before that. Investors have put 800,000 into the project, which is no small amount of money. The investors are similar to myself and the Business Plan is designed to cater to the local neighborhood. As you guys realize, any kind of brickandmortar business that serves food and drink to customers will only survive by servicing its neighbors well. You can watch sports on television, at home, and at home there is no reason to visit us as a billet Business Establishment if we were not doing Something Special for customers. I believe we have done that. Is a matter of fact, we have a few awards that speak to that. We have been on cocktail heat maps for two months running in the 18 months that we have been opened. We are voted the conde nast magazine top 20 bars in San Francisco. And more importantly, i think within our block, theres about six other businesses that serve food and drink. Three of those businesses just serve hard liquor. In comparison with those customers, if you trust yelp as a measure of how well you serve your customers, we are the highest rated bar and restaurant on our block of six can teaching businesses. We are open seven days a week which causes a financial drain for us on certain slow days that we offer that service to be appealing to customers for the neighborhood. We do show sports which is the reason for the noise complaints as we realize customers are supporting their teams, they tend to make a lot of noise. But when the noise issues came up soon after we opened, we addressed it as best as we could we cant tell customers to be quiet, but what we did is higher the sound engineer from the battery who comes at no cheap price to us. We have located speakers within the business. We have laid insulation and all under the tables. And with respect to the table which is a subject of this conversation we have removed all noise amplification devices on the patio that is the only thing that can possibly give us noise. And that was on mute. We also have installed an artificial chair. Which as you can realize, is a thick rubber base and all we have installed the wall opposite to where the unit has the greatest noise concern. It was the only up until the hearing, was the only neighbor we realize that had any noise complaints. I understand there is more now. We would like your approval with any conditions you want to implement on allowing us to open up patios to customers. Our footage is 14 of our space but if you take out the kitchen, it is really closer to 30 of our customer space, and we have been paying full rent on it because we have always believed that we had the right to be able to use it for customers which is why we used the space. Having an outdoor patio area gives us an edge on competition and we need that to survive in the city. I am available for questions. Thank you. We may have some but we will open this up to Public Comment. I have some cards. Anisa kane, joshua, carla, john, tory,. Hello. Thank you so much for your time. I used to live in one way to langton. Is one of the most affected units. I lived in that unit for 89 years prior to the business. It was owned by radius cafe and the patio was never ever used. Once a trademark opened up we were delayed in getting a fun space to hang out until they started having events. My partner and i purchased a decibel level reader and in one of their warrior games, it reached up to 91 decibels. It was insane. With our windows closed casket reached up to 75. This is the equivalent of being in a highway. This is the equivalent of having a motorcycle. I really need to show you this. Im sorry for this. You can put it on the overhead so we can see it. It is sound. You can pull the microphone down. Sorry. Thats all right. Is there video too . This is with our windows closed. And just because, why not, we woke up one morning as well to hear this. That is cowbells. Cowbells. Because of this, we did keep in communication with mr kingston wu and we were delighted but unfortunately all of the efforts to soundproof and build a wall and do anything at all were effortless. It did not go anywhere. We got desperate. We went to the city and spoke with a enforcer in which we were made available to understand that it was not in fact and use. They got hit on august 17th with a notice of enforcement. We have Video Evidence that we have shown because he asked for us to provide this every week. They had events every week. The one they showed you with a cowbell was september 17th. A month after they got the notice of enforcement, and they still house events. Even though they were told specifically by the city to stop using the patio. I work from home and i can attest i never got anything done when it was crazy. I have been living in that area 498 years. We actually had to move because of the sounds. We are here today because we did make friends with the new tenants coming in. One of them i just want to say quickly please, consider this. And view this property with an intent screwed intense scrutiny. Does not care for what the city asked for and you would condemn 2030 tenants in the immediate vicinity who do not know about each other until today. It feels good to know you are not alone. Where do you live . I used to live in 108 langton literally our apartment was about 20 feet away from it. Okay. Thank you. Thank you for your time. Next speaker, please. Hello. My name is joshua. Im carlas partner. I was living at the property which is about 20 feet from the trademark patio for about a year or so right before they started moving in, i moved in. We moved primarily because of the sound problems between the patio, and the events they would have, and the bar and the dumping of bottles at four in the morning outside our window. It was untenable. I have some packets i would like to hand you with a written note as well as email communications i would like to show that even though we are no longer living there, we felt the need to come in in solidarity with the new tenants and old neighbors just because we believe that it is so excessive. Sound is one of those invasive senses you cant turn off like shutting the blinds, or the lights. As you recognize earlier, opening the door to this hearing room was disruptive enough to hearing he was talking here. You already heard an example of what it was like, and i wanted to mention this is happening any given night that there is a sporting event. If they get the c. U. A. They will continue to operate like this. In their c. U. A. , they state that they will only have 36 people plus ten on their patio and that the case is not changing from previous establishments. That is a lie. The previous establishment we did not know there is a patio there. We had no problem. My partner lived there for eight years. The amount of people that have sat on the patio is probably closer to 70 or more. And went all the people are out there on the patio screaming and banging cowbells, sometimes they had karaoke parties. The entire house would shake and you couldnt be at home. They couldnt frequently control their drunken patrons from going out onto the patio all hours of the night. Even when they were trying to shut down the patio, and continue to have occasional events, when theyre trying to do good to, people would come out and make noise and scream and throw bottles around. Im not here because of the fact that the bar is there. It is great that a bar exists kick i think it is grey they offer things like skeeball and whatnot on the inside. Im not even concerned about the people that would get drunk and have fights and puke in the alleyway outside our window. That wasnt the problem. It was mainly the noise. It became unlivable. And also, one thing i wanted to mention is that the bar owners had gone through we try to get in for your and have to go through the appropriate channels as you mentioned, one common method for getting tenants to move out is raising the rent. Our lollards also opposes the c. U. A. Our landlord also opposes the c. U. A. Thank you for your time. I cannot approve that. Next speaker, please. My name is josh pryor and i reside at 1129 folsom which is right next door, and the proposed patio space, one of the walls of the patio is the wall of my building and i can hear normal conversation through the wall. So when the activities are out there, it is right there and the space is walled off with buildings around so it reverberates little noises that are amplified to. So it causes quite a racket. That is the only objection i have to this proposal is that the nuisance from the noise. And i know that they are erected a metal mass on my building and strong a cable with a curtain, trying to im not sure if it is a blinder trying to suppress some of the noise, but it turned out to be making more noise at night with the wind flapping it around. That is my objection. I hope that you can come to some conclusion about dealing with the noise problem or restricting the activities. Thank you. Thank you. Next speaker, please. Hello. My name is gerald. I live at 50 highland. Im here today representing myself and my 20 neighbors who live closest to the site. I want to mention i will probably need to read this because it has been a long day. Trying to remember is tough. Just yesterday i was made aware of the executive summary at the c. U. A. And the basis for recommendation. According to that, you have already made your minds up to approve the c. U. A. Based on the general plan for the area. Basically saying the opinion of the 30 neighbors who are concerned about the note noise from activities are not Strong Enough to stop the c. U. A. Getting approved. Ninety 5 of the letters and signatures that you have been reading are from employees and customers. Not from those of us who live on the front lines. The fact that this patio is open to this guy, there is no way to keep it open arid and not hugely affect the peace and quiet of all the neighbors within range. The only real solution is to enclose that patio and place a roof of some kind overhead. Apparently some neighbors tried to talk to the owners about this the answer they got was the investors did not want to spend the money on the roof. If that is not done and this new authorization passes, trademark will be able to make an even bigger impact than ever before. Now they would be able to have permission to use this patio 365 days a year until 9 00 at night, every day and every night of the week. 9 00 is light enough on a school night that you dont want to hear this activity going on. This is a repeat of something but it is important. In august of 2017, they were cited for a violation using the patio area without the proper permits. They were to stop using the patio but there was continued use of it even after the enforcement was issued. On many other occasions, they had to be called by residents regarding excessive noise. If the c. U. A. Goes through a trademark if the c. U. A. Goes through, it will follow the guidelines. Or will they make greater use of the outdoor space and continue to conduct activities that generate high levels of noise because the track record demonstrates a good chance for abuse. That is what i and my neighbors are most worried about. How will they be enforcing clot is it if it is abuse, how will they resolve issues . We think it may be an ongoing battle between trademark and the neighbors and the very frustrating battle that would be to truly solve this issue once and for all, trademark should have to enclose this patio in some manner without specific limits on noise, the c. U. A. Is a not is not the answer and should be voted down. Thank you for listening. Thank you. Next speaker, please. How is it going caught my name is trevor. Good evening, commissioners. I think i will cut right to the chase. I had something planned. I think there are a couple of simple things here. The noise is extremely loud. You already heard it. And it creeped creates a Mental Health issue for the People Living in the backyard. I struggle from anxiety and have been, because of the many noise issues in the neighborhood, driven to the lengths and therapy in all sorts of things to deal with that. Youre dealing with a Mental Health exciter with this problem and it is a really big issue. I think catherine actually said it the best. It becomes inescapable. My backyard backs up directly to this property. It is a real issue. It is nothing you can escape. The other thing i am a mechanical engineer and i work a lot. Some of the things that were discussed in terms of adding a system to the wall to reflect noise similar to what you would see in an opera house, the purpose is to dampen noise. What you really need to prevent at dam his reflections. What you really need to prevent noise from getting into the adjoining property is a mass in between the source and the actual homes. We are talking heavy walls with concrete. That is why newer buildings are built with concrete construction because it is a mass and between hang a curtain and put up a damper. It will improve the quality in the space but not improve the quality of life of the neighbors i guess the third thing i want to comment on is the hours. Even when we talk about construction hours, at least there is an end in sight to that for someone living there indefinitely, if we are to pass this, we have to deal with it forever. I have to be totally honest with you. Im a contributing person of the community and i have longterm intent to stay as an owner. But if this gets gets past, i dont think i can stay there. I work a stressful job and the stress will drive me nuts. I am totally in opposition of this. We really need to take measures to get to a point where the noise is not such a significant influence on the people that live in the neighborhoods. Thank you. Thank you. Next speaker, please. Hello. My name is tori and i live and 108 langton behind the patio and my partner and i just moved in and we didnt know about any of this beforehand. But now we are terrified about what will happen next. After hearing even if they are changing the hours to end at 9 00 pm, that doesnt change the fact that they are also a sports bar like they mentioned. They have a t. V. Outside. All of those people watching that during the sports games cheering so loudly. That is terrifying. And that is during the hours that they are allowed to use it. So if we are at home working from home, or just enjoying our time, we cant even do that because it is so incredibly loud on top of that, i feel like, i feel like if it was better soundproofed and they would have to consider putting up the way that our building is with the patio, there is another there is a building around it in a shorter building. It is just a lot to deal with. It is very scary to think that they will be able to have their t. V. Outside and watching the sports games and cheering really loudly. I am very opposed to the current situation. I hope that it doesnt go through. Thank you very much. Thank you very much. Next speaker, please. My name is John Schneider and i am a resident of 108 langton street behind the bar and patio in question. My fiance and i recently moved into 108 about six weeks ago. If we had known what we did about the bar there before we moved in, i dont think we would live there today. When i get off work, i want to go home and sit down and relax and have a drink and try to unwind a little bit. Unfortunately, with the bar where it is today, even with all of the windows shut, even if there is nobody outside on the patio, which we have been fortunate theyve only had people out on the patio one time since we moved in, you can almost make out conversation and nearby residents happy would be to actually toen close it. I want to say, at night, i have trouble falling asleep sometimes because of im indoors cheering, it is extremely loud. Thank you. Next speaker please. I live down line to the street on that block 140a. I want to support having an outdoor venue. Outdoor venues, in rather short supply so it would be nice to have somewhere where you can go and have a drink in the afternoon or Something Like that so i am actually in favor of having the patio in use for customers. Im not employed by anyone, im just a resident of the area. Thank you, very much. Thank you. Next speaker, please. Good afternoon, commissioners. My name is george, i live at 7 highland street behind trademark. I have been a resident of seven hound street for 25 years. I know from experience having a entertainment establishment with an open air patio so close to peoples homes has been an issue. The police have been called to trademark due to recuring noise complaints. This is not a problem you need to trademark before trademark, there was radios restaurant and before that there was super club. Radius was a really good neighbor. I have to say that. Trademark has not been the worst as far as i remember. Having an open area for public use in that particular spot has been a source of on going conflict for years before trademark came along. The problems have always been worse in the evenings after 5 00 p. M. Especially. I remember nighttime shouting matches because of the noise, and many of us kept the establishments phone number on hand to call when things got too rowdy. Sometimes their managers were responsive and sometimes they were not. The management may not always be willing or able to control the patrons. Why should they . Its a bar. A place to drink and party. People like to hear from loud music, whatever. Its only eight feet wide. The patio is so close for some residents, the party is happening right outside their living rooms and bed rooms. The fact is that, having an openair patio in such close proximity to residents will never be a compatible set up. Using the patio for events, Football Game parties or djs will always be a source of friction. We have endured these conditions fire long time and we think its time to seek a permanent solution. We dont want to push trademark out. We dont even want them to stop using any part of the property. This is not about nimbyism. This is about coexistence. Peaceful coexistence. We want to avert conflict and we think theres a solution. Two doors down, theres a cafe and restaurant. Years ago, rocos had an openrear idea yo which wor derred with the residential enclave. It was loud and there were many conflicts. Roco solved the problem by during it into an indoor room. Everyone was happy and they never received another complaint. If rocos can do it, so can trademark. If trademark wants to use the open air portion of their property until 9 00 p. M. It had have a solid roof cover that will mitigate the noise problem. Until that happens, we will continue to oppose the use of the patio. Thank you very much for hearing us out. Thank you, very much. Any additional Public Comment on this . Seeing none. Commissioner richards. So, i think my fellow commissioner will get tired of me. Do you want to speak . Come on up. Hello commissioners. My name is ronnie taylor. Im the executive chef of trademark and copyright. So what i do provide is, since we are in this somewhat community district, i am selling chefdriven filipino bar bites. Filipino food is far and rare around this area. For me the biggest thing is just giving diners a different experience, you know. In the recent years with this patio closing, brunch is one of the access where we can showcase a different style of food and patio is a perfect way to, you know, showcase that. Were not asking, you know, much as far as, you know, throwing a party or anything, we just want to give an alternative seating to people. We just want options. And for me, seeing this closure has seen a decline in sales partially in brunch. About 15 to 18 . Given with the patio usage, i feel that it will help create further increase our food sales. Thank you. Next speaker, please. How is it going. So my name is darnell. Im an employee with trademark and copyright. I am for opening the patio. I was there at one point ive been with trademark since when the patio was open, when they were under the impression that it was properly zoned. My thing about it is i do hear the neighbors. We have been trying to apiece the neighbors. Weve implemented soundmitigating styrofoam. Weve pointed it down so its to avoid noise going upwards. Weve angled it in such a way to appease them. Weve also included the turf grass and we also had selfimposed volume restrictions regarding the volume noise we set timeframe when the patio would be closed. Unlike most people here, im not a San Francisco native, i moved here from the Central Valley for school and obviously since the patio is closing, i have visibly seen people turn around because the patio isnt closed and the numbers can vary from three to large groups of people. Also, being in this industry, service industry, obviously foot traffic directly correlates to revenue. Obviously we are staffed accordingly and were always staffed based on volume so if we lose revenue, that means less staffing as a whole and i moved from the Central Valley. Moving here was a finance shock. Its expensive out here. I was getting four days a week and now im only getting three and things of that nature. I believe that when we opened the patio, it would promote a lot of people enjoying a mimosa on a sunny day. Thank you. Next speaker, please. Good evening im coming to as a San Francisco native and a person that lives in an neighborhood. Im for having the patio open. Its a great place where i take my 4yearold daughter too. So even with the noise that people claim that is too loud, i female comfortable enough to have her in the environment. Ive had her there before dinner. Well grab food and im able to watch a game. Theres not many places where i can bring my daughter too and watch sports at the same time. Being born and raised in the area, theres a bunch of bars and nightclubs in the area. When you move into the area, you understand that you are not going to wake up to roosters. I wake up to drug use. Late nights i hear loud cursing and screaming. Its something you understand you are moving into. Its hard to get rid of all the noise in the area. Im definitely for the patio and i dont want to see it close because i think or ive seen with them being closed a lot less business there and i understand that can effect over all business of the company where they can potentially close down. Im for the patio. Thats pretty much it. Thank you. Next speaker, please. Good evening, commissioners, thank you for taking the time to listen to us today. My name is camille clark. Im also a native, 33 years here in San Francisco. My a fillation with trademark is that i host a lot of meetings, monthly meetings for young entrepreneurs, that are trying to establish a business here in San Francisco. A lot of our business meetings have or always been on the patio, especially during nice days. We always chose patios because a lot of the people that i do work with have been in an Office Setting so it was really nice to get out on the patio and have a glass of wine and talk business. Diondre mentioned, you kind of know what you are getting into when you move to this area. The se soma area is filled with restaurants and bars. I feel, especially in that soma area, it has definitely been gentrified, as im sure you know from all the other speakers here tonight theres no we could be quiet and it is a bar. You have construction workers as mentioned from 7 00 to 7 00. You have garbage trucks coming in that probably make even more noise. The city just approved a 10year contract to have outside lands that was obviously a lot of the neighbors complained about that issue as well. All were here to do tonight is to come to some agreement, to some compromise how we can work with the neighbors. We love our neighbors. We actually, i mean, im there a lot and ive never seen the people in the bar. If they get to know us and who we are. Come in and have a cocktail. Invite your friends. Theres artists. Come in and play sets. Theres a painter. Do an art show. Were willing to work with the neighbors but we have to compromise. And that is where we have to meet in the middle. This would be my question, how do we compromise . Thank you. Next speaker, please. Happy holidays. King ston nailed it. We tried everything we could. We designed the bar and if you come to our bar, theres this sound you are part of the team that owns the bar . Then your time to speak was with kingstons time. Next speaker, please. Having sat here since 1 00, and hearing about the dogs barking and the noise from a bar, i think of how in my very quiet neighborhood, that i can have neighbors directly next to me having a barbecue outside but i only know that because other neighbors are calling me and saying, do you know who is having a party . I cant hear it. There is something very strange about how sound works. I dont know quite what that is but i think it would be really good to figure that