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tv   [untitled]    October 10, 2012 2:30am-3:00am PDT

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>> commissioners, as staff has asked you for how to proceed, i need to remind you this is not on your calendar for action. you can verbally state what you'd like staff to do but you may not as a commission take an action and direct staff to do that. >> thank you. project sponsor. >> overhead, please. thank you. commissioners, good afternoon. phillip lesser, merchants association and representing tacolicious. so you can physically see the building, i believe most of the people who will be speaking with complaints live on the second floor and tacolicious is on the ground floor. i'm not going to reiterate what erica jackson pointed
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out, that complaints have been filed have all been found to be without merit. what i would like to point out is that 575 notices were mailed as a result of 300 foot radius mail-out to all owners, all occupants from this side. you can see it is pretty empty. you can hear from erica jackson very few letters have come in complaining about this. there is a three foot but four foot notice in the window of tacolicious. it's been there 21 days. thousands have walked by that notice. you can see they are not in the gallery. the building now is part of the transformation that's taking place on valencia street but specifically this street, the 700 block
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of valencia. within the last three years, seven restaurants have opened up on the 700 block of valencia. pizza, cheese, craftsman and miller, grub, 780 valencia and tacolicious. two more will open within the next month. the chapel on second line at 777 have valencia. speaking of that the new orleans preservation jazz band will be playing at 777 valencia on thursday and friday evening. saturday and sunday evening abbot costello will be play thering. the pictures i showed you before, that was three years ago. this is a very changed street from where the people who were going to speak lived in three years ago. part of what is happening
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is a transitional problem. people that were living in a very dead block of the mission where we have the pizza place, that was asphalt lot. used to be a used car lot. we have mission cheese, 736, that was empty since 1906. have -- valencia hotel fell off the footings. that was part of the lot. if you hear noise, a lot can be coming from the street. you may recall we did street paving, a brand-new sidewalk. the narrow one is not the same sidewalk. we worked with dpw to widen the assault and -- sidewalk to have a pedestrian experience. we have a lot more traversing the streets and bike lanes. one of the most traveled bike routes in san francisco. so we have lots of activity
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going out there. i would submit the people we have upstairs are not just because of tacolicious, because it is in compliance. if you'd like to hear from the expert on acoustical engineering, we have christina from charleston salter and associates. she's done a comparative study. showing they are under 45 decibels. in the late night period, from 10:00 to 7 a.m. they are under 55 the rest of the day. the major complaint of the noise, again, it is not emanating from tacolicious. as far as being good neighbors, you couldn't ask for better neighbors than these people. they have worked with entire neighborhood. engaged as liaison. you will hear from the
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opposition and management team, joe hargrave and his partner, telmo feria. they have worked with everybody. anything that's come up they have worked with them. that is the bulk of information i wanted to impart with you this afternoon, thank you very much. i'm available for questions later on if you have any. >> we will go to public comment, pulling a couple cards. martin vargas. richard kirtopoto. raquel fox. whoever is ready.
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>> good afternoon, ra quel fox, i'm an attorney and here on behalf of residents on valencia street. while there is opposition to the project it is not as though the tenants want to close down tacolicious. my understanding from the owner is he invested a lot of money. the problem is the owner and crew came to a neighborhood where people live. this is an area where the people that are seated here have been impacted with noise. now, i don't know what time planning -- or the agencies have come oun. you will here from them at 4 a.m. they are woken. you will hear they have to sleep with ear plugs because it is so noisy. we are not talking about just friday and saturday. this is not as if they can rest but every single day. their hours of operation,
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10 a.m. to 12 a.m. that is 14 hours. in reality, there's people there before 10 a.m. i was out there this morning at 8:15. there were people out there already within this establishment. i think in reality it is a nightclub special. they have specials of two shots of tequila, beer and taco for $10. so you have people there to drink and party. these people live there. as far as the thousand that may have walked by and seen a sign, who cares. if you are just walking by and coming from a bar or in the neighborhood to eat or to drink, it is not the same as living there. you will hear from them directly. i don't live there, but the storis are consist it isn't. as far as the police department i tried to talk to them as well.
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their view is there are more important and more serious, heinous activities in mission district than noise. so okay, you are bothered by the noise, so find ear plugs, i think is their view on this. what the tenants and i think the residents would like is reduction in noise and reduction in noise where the outside seating is. they want to coexist but be able to have their sanity. i'm almost done. instead of being open to midnight sunday through thursday, having it close at 10 p.m. so they can get up and go to work. you will hear from one of them who is an engineer that he almost crashed because he couldn't have -- six months cumulative effect of not being able to sleep. thank you. >> call a couple names if you are ready, or this particular order ms. fox had.
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>> hello, ladies and gentlemen of the commission. i would like to be shown if i can connect to your computer here. i have accumulated videos of what's been going on there. i would like to show it on the screen so you are able to see it. >> great. staff, are you able to help him there? if there is another speaker what wants to go while they are setting that up, ye will be able to save a little time. okay, thank you. >> i have been living there a couple years already. this place is really nice, quiet place to live. but in few days coming here, that -- they make the noise right there. i quit having sleep every night. actually they are just making -- actually fans are making noise but machines midnight through the
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morning. sometimes sleeping we wake up. so every night have to wear the ear buds. if you wear the ear buds every night -- you know. i really want them to turn off the machine at night to let us sleep. thank you. >> thank you. >> my name is richard. i live behind tacolicious. the house is my property. my concern is noise from music. not all the time but not all times. last tuesday the music was on all night, i had to go to work early but the music going on. it was shut off right after midnight so i was able to sleep. other is noise -- they fixed the noise from blower. it was waking me a lot of time at night. but in july, june they
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changed their motor and runs quieter, but heating and air conditioning system, start running between 11:00 to 12:00 and runs all night. that makes lot of noise. sometimes i can hear it from my room. i have gavel window and sheet rock. before they fix the blower it was worse. sometime i couldn't sleep all night. they fix the blower but now once in a while this air conditioning system is right next to my real property line. so the noises come from there. sometime they turn the blower off, which is better. sometime the staff forgot to turn the blower off. the thing is they can make the noise -- less noise or shut it off at night would
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be better so we can rest better. thank you. >> thank you. i don't know how to use your computer so i will probably have to put my cell phone under here and show it on the screen. i have been a resident at 739 valencia for six years. the past two and a half years have been -- you could say traumatic. noise levels, disruptions, yelling, drunkenness, smoking, loud music, i have it all on video. i have over 100 videos collected. all of them i have to basically break them down within seconds. i only have two minutes to do this presentation. i agree with the attorney on our behalf as far as reducing their hours thursday -- sunday through thursday from 11 a.m. to 10:00 at night. then fridays and saturdays
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from 11:00 to 12:00. the eating between the two buildings, which is where all that noise is bouncing, were supposed to get insulation and all types of things in order to hold back the noise. but they have windows. the second they open them, we are talking an alley that is eight feet long before it bounces across the wall and brings everything there back in. if i can just show you on this. this is just eight
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seconds -- i have a mac so i don't know how to operator hewlett-packard. i want to show you one or two videos prior to them ending. this is one. prior to aiming to the window, this is by my bedroom. when they turn that on my studio is here. it is like i have a disco in my studio. when my windows are open it is like i have 300 people
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inside my room. this is seven days a week. i plead that you intercede for us. most of us here are handicapped and disabled. these are inhumane conditions. we are paying rent and we can't even have peace in our own place. >> can you staid -- stated your name for the record? >> randolf martin vargas. we have even been called squatters. >> thank you. next speaker, please. good afternoon, commissioners. my name is -- i live in 739 valencia street for 19 years. i'm a person disabled, suffer from sciatic migraines -- sciatic nerves, migraines and asthma. i am a heavily medicated for all what i have.
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we have been trying to work a deal from the beginning but they don't want to reach agreement with us. when we mention some violation of tacolicious, loud music, shouting and drunk patrons. not controlled by the manager. the bad sound barrier insulation between restaurant and second floor apartments, also in walls >> it's not containment. the chemicals the january stores and -- and the chemicals used by the janitors, the repairs, painting and remodeling thought to beautify the restaurant are done during the night without any regard from manager and owner of the calculation that their contractors work wake us up with loud noises done by
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ladders, hammers, electric saws, loud noises at 2:00 or 3 o'clock in the morning and strong smell of painting. we have no access to the electricity box to be able to turn on in case an emergency or the box to be able to turn off in case of emergency. we don't have access to the phone lines box which is our phone is in it. [speaker not understood] by the owner of the calculation making loud noises 24 hours a day 7 days a week not giving the neighbors a chance to rest because the janitorial service after -- janitorial service is starting after the restaurant close at 1 o'clock a.m. until 6 o'clock in the morning, also special delivery for the restaurants are done at 1:00, 2:00 and 3 o'clock in the
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morning by sysco distribution. all this at the request of the management in and owner, [speaker not understood] during the last 10 days to be quiet and serene because today's hearing [speaker not understood] and considerate with us and with the diplomatic tone voices. but all of this is a sham to get to what they want, the approval and permit from the city. [speaker not understood] because what we have been through, the owner and the restaurant, they want to put us out. >> thank you very much. thank you.
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hi, [speaker not understood]. i live on valencia since may, 1995. i have a lease for 17 years. i want to report because most people don't pay attention if it's very noisy. i'm disabled but i work. i start at 8:00 in the morning and wake up 6:45. and sometimes at 2:00 in the morning and i can't just leave it because my bed is close to the window and the patio. always it's a lot of noisy because tuesday and wednesday [speaker not understood] those people and finish at 12 o'clock. sometimes the noise, the music and just talk, talk, talk with the people is [speaker not understood] and also outside to my living window.
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it's on the three, [speaker not understood] and all the people is talk, talk, talk. it's one bar and one restaurant. it's both -- it's two doors. one in the patio and one in the middle to the building. it's always a lot of people outside, just talk, talk, talk, and i can't just leave because i want to [speaker not understood]. thank you. and also i have my picture for the other -- plus the window in my building. this is the window in the building. it's always very knees i. -- noisy. and i have one video, too.
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those are the people when they start to work. at 2 o'clock, i call to the police twice. 2:10 and 2:18 for this report. thank you. >> any additional public comment? speakers? either in support or -- hi, my name is joe. i'm the owner at taco-liscious. i have antonio, our executive
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chef up here with me. primarily because when richard filed grievance with me just after opening, i asked them to get involved in the communication. one, he's a partner in the restaurant and, two, he's on the property all the time, three, he's bilingual. he's the right person. he'll be able to shed light on that. i do want to say for the record, this notion that we operate anything similar to a night club is astonishing to me, and that we have been anything other than open to communication from the beginning. and i think that even richard over here would have enough integrity to let you know that i have been very communicative and sensitive to his needs and done close to $30,000 now of remodel to my air units to make it a livable situation for him. and that the guys that live
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upstairs, there definitely was an environment change, but they came on a little bit late. they stage and occupy protestses in front of my restaurant before we opened our first night of service. i had 150 people protesting at taco-liscious wanting to evict them. i am a tenant as well and i went through a legal process and took a long time. and i have done things by the book. and i'm happy to remain compliant and keep working with neighbors, but slanderous behavior is not okay and i don't really appreciate being called a night club owner. it's not what we do. thanks for your time. as joe mentioned -- >> and your name for the record? my name is [speaker not understood]. the executive chef and partner at taco-liscious. it's funny that i find myself here at this stage now, kind of
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it feels like a public forum for attacking the character of ourselves and the restaurant when just in april of last year we sat here in front of you and got a unanimous approval, 7 votes. and at the time it was uncontested and there was no protest, nobody speaking against the project. and it's not for the lack of information that they didn't know it was going to happen. i believe it was commissioner antonini that sat in on a meeting that we held at the mission, mission police precinct public room in which we had the neighbors, the couple gentlemen that live upstairs in the 7 39 unit and some of the residents of the lexington street, where we talked about what our project was and they voiced some of their concerns and we spoke to them and they knew exactly what we were going to do. and yet they didn't find it prudent to come here and voice their concerns at the time. and now they're coming in and saying, well, we lived there, we have rights. it's absolutely correct. but i believe what we're
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talking about here is we're talking about the conditional use and the conditions set forth by the commission and the codes and our compliance, which we've complied with everything and even gone above and beyond, even meeting decibel levels more than are required by us to make it more comfortable on the residents, you know, which do unfortunately live in a commercial corridor, a growing commercial corridor and a commercial zoning where there are businesses and there are people walking by at all times of the night and yes, a lot of those people are intoxicated. they're coming from all over, from bart, from other restaurants. i can't control people's behavior as they walk by on the sidewalk. we've gone -- i've let one cleaning crew go because they got complaints from upstairs that they would play music in the middle of the night while they were cleaning and it didn't seem to be addressed by them and i let them go and i brought in a new cleaning crew. as richard himself will assess,
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the neighbors that have been open and receptive to communication from us, we've worked with them hand-in-hand to try to in a very progressive manner to make things better for them and the conditions better. * attest i have a letter from james howard. he lives on lexington street commending us for the way we've gone about our work. i have jackie, she lives in the same building on the floor below come into my restaurant and say thank you for going about this the way you guys have. richard, as he might attest, we've had communications via e-mail, correct? and we've been working with you to try to make things better, correct? i've even worked -- i've even spoke to martin. martin has been more communicative in terms -- martin took me into his office where he is a manager at the cafe across the street and showed me a video. and i went back to joe and came back to this video and offered to put in double
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pane windows and black-out drapes and he didn't take us up on that offer. >> thank you. real quick -- i appreciate it, thank you. >> is there any additional public comment? you only get one shot to speak, i'm afraid. >> speaking out of order is inappropriate. thank you. >> thank you. good afternoon, my name is christina mayor. i'm the project acoustical engineer and i'm with charles coulter associates. i'd like to directly respond to some of the comments that have been made. the hvac comment from richard, i have measured richard's apartment several times. at the first measurement although richard's unit was in compliance, a different unit was not. we found the kitchen vents were out of spec. we made changes to the units,
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we rebalanced them, went back and measured and found compliance with the zone ordinance. [speaker not understood]. with respect to the dining patio noise to the units above, that's not regulated by the city. however, we did recommend sound rated windows be installed. that offer was made and the residents chose not to upgrade their windows. we did measurements -- we tried to do measurements at the dining patio during the design phase, but the residents above cut the meters down so we relied on data from [speaker not understood] which is right next door. in short, we have looked at all the city criteria and we have even looked at issues that we knew could be a problem that were not addressed by city criteria and have incorporated design measures to reduce the impact on neighbors. >> thank you. any additional public comment?
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okay. commissioners, commissioner antonini. >> thanks. i was involved in some of this in meetings prior to the approval, and i think they went well at that time. but i have some questions, i guess, from the -- i'm sorry, the woman from salter, if i could just ask a couple questions. in reading the report that you have here, it's your feeling that they were in compliance with the -- what you measured was in compliance with the established ceiling and noise level? that's correct. >> okay. because i did see a few here that were above the 45 on some of these reports, but i'm not sure -- i think what you're looking at is an ambient noise measurement. >> okay, oh, yeah. not the measurement inside the unit.