On September 8, 2011, there was a hearing before the Planning Commission to decide whether a Conditional Use (CU) permit will be issued to allow Medjool to continue to operate a large bar and restaurant on their roof. Viveka Chen, SFBC Chair, and Gus Murad, owner of Medjool, shared an exchange before the hearing began, in which both expressed a commitment to work together on compatible co-existence as neighbors no matter what the Commission decided. This is the spirit the SFBC is carrying forward as we proceed to work with Gus Murad, the Planning Department and other residential neighbors to finalize the conditions that will facilitate co-existence for us all.
Sept. 8, 2011, Hearing Highlights
Some members of the SFBC, most notably Viveka Chen and Council member Nancy Anding, put an enormous amount of effort into making sure the Planning Commission had access to perspectives on the situation from the neighbors surrounding Medjool. Many members of our community spoke during Public Comment at the hearing, about noise and being able to sleep primarily, but also touching on other big issues such as zoning laws, and asking that it be operated only as a restaurant (rather than a loud night club) compatible with neighbors in an enforceable way.
The Commission approved the CU. Ten (or 50%) of the conditions we submitted controlling the project are firmly in the permit. Having heard our case, the Commissioners themselves directly mandated 6 of our conditions. The Commission further directed Medjool and planning staff to work with neighbors (naming the SFBC specifically) on remaining conditions and solutions to sound impact, and the need we raised to have conditions and mechanisms for enforcing future condition compliance.
The conditions firmly in the permit as of the close of the September 8 hearing, plus some other agreements are:
- There will be a mandatory Commission review in 6 months.
- Occupancy down from 299 to 175 on the roof. We have a case to continue to advocate for a lower number based on building codes and consistency with the environmental review.
- Open space on the roof for use of 9 single room occupancy (SRO) hotel residents (on the side closer to Bartlett street.)
- Only staff serve alcohol on the roof (patrons cannot order at the bar).
- The restaurant section will be located more toward Mission and not Bartlett street
- Sound monitors will be installed and we have a mandate to work on specifications for enforcement.
- The roof top will only have background dinner music and no other entertainment (no DJ's, live music, amplified voices).
- There will be a community liaison for us to work with.
- Signs will be posted on the roof deck asking patrons to be aware of neighbors and noise.
- Security will be assigned to maintain quiet and order on the roof top.
- All these conditions will apply to any future owner of the restaurant.
As restaurants and nightclubs have been magnetized into this once empty block, we are happy that the Planning Commission is receptive to the valid concerns of the neighbors of the Medjool roof deck. The SFBC is also happy have opened communications up with our diverse neighbors through the process of bringing public dialogue into consideration of Medjool’s roof deck restaurant and bar.
Solutions to Include in the CU Permit Moving Forward
The key solution we still seek to establish trust for neighbors is to focus on 3 reasonable and fair conditions that together practically define RESTAURANT USE on the roof deck:
- Hours of operation - closing the deck to diners at a time reasonable to accommodate food service and to deter a late-night club crowd (a few very late diners could still get food inside).
- Seated restaurant layout - (i.e., not an open floor setting) stated in conditions and depicted on CU plans.
- Maximum occupancy consistent with building codes for seated dining at 15 sq. ft./person for the restaurant = 120 people which should match Medjool's web page numbers. At a maximum 135 people is consistent with the required environmental review.
Defining restaurant use in this way will also make enforcement much easier. If we can work with all parties involved to secure these restaurant defining conditions it will create the trust from which we can envisage being satisfied with the conditions of use. We will have done as much as possible through a CU mechanism to ensure the interests of all in the neighborhood are considered for a future co-existence of mutual consideration.
More Info
If you'd like to watch the the Sept. 8 hearing you can do so here:
(Not sure how long these videos stay on SFGOVTV so link may not work at some point...)
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