i have not observed any additional soundproofing and as i said, [unintelligible] they promised to make it clean, quiet, and safe. [chime] >> anyone else want to make public comment? >> i am also a local resident at the embassy hotel. i am here to give my full support to obtaining an entertainment license. i feel that it will improve when neighborhood as well as support local businesses.

on the side of, i have been up to the room when we had a temporary license, and they were in full cooperation. >> we don't go into a debate here, but we understand. >> i want to express my gratitude with people that are doing things right and keeping things safe. i had the pleasure to frequent noble. it was a very nice crowd. it was nice to see responsible people hanging out in having a good night. i recommend you support their cause. >> i did not see the e-mail. i just asking them to comment.

>> and you could fit through carpet, you could feel the vibrations. the only sound that we could not hear that night was high. in the room that i stood in, the sound was intense. i absolutely believe they will be able to contain their sound. it is not an old building or anything like that. but from my last visit there,

obviously a little over a month ago, before even doing a full test, they still need to do a lot of soundproofing. the list tonight, i am not sure when those items were cut in the place. maybe the sound has improved since i was last there. but that night that i was there, which had a broad spectrum of sound. we heard both the sound of people talking, conversation, and heavy vibrations through the floor. >> can i request that derek come back up and speak? >> most of the stuff that i read off the sides of the ceiling tiles was done after his visit.

we replaced the door in the hotel lobby, added a bunch of insulation, and reconfigured the whole sound system. >> we should hopefully be hearing a very different sound. >> what kind of insulation did you install? >> we put some phone and some sound installations. >> i am not sure how these things work from a procedural standpoint. will he have to read-test -- retest? >> we are always dedicated to improving the problem. commissioner meko: it is always a sensitive issue when we are issuing in place of entertainment permit to a club

located in an sro building. they are just as entitled to the indictment of their home as anybody is. i think they have already indicated he will be doing another sound check. that is one of the sign-off's that you have to go through before your permit becomes legal. and then, if you could also explain how the process plays out beyond that if they are not able to contain their sound. if they continue to be complaints and people continue to experience what you described earlier. can you explain the process regarding notices of violation just so that you know what you're getting into?

>> hail will have to go through a full sound abatement. personally, we have experienced clubs located directly and hotels, and those clubs have kind of a unique situation. it is not just guests for tourists that might be willing to put up a certain amount of sound, people living in the building have all the same rights as someone that lives in a home in pacific heights. we really take those considerations seriously. when we do this out test, there will be a few things happening. in the building, the units, and in the surrounding area.

one of the things that will go into the sound test that will be written into your permit will be known as a sound cap which means your sound cannot be above so many dba. they all are given sound hoad's. once they are achieved moving forward, if we continue to have complaints, the very basic one will be taking a sound reading. we walked through the club and it is be of -- above their permit. that is immediate grounds to give a notice of violation horse with a notice of violation has been given, it is in the grounds

for a citation. it will go up as high as $1,000. but also to be noted is that each citation, moving forward as notice or ground as possible suspension for that permit, and not being able to control their sound or being in violation of their permanent, the good neighbor policy. the other thing that we will do , we will also be able to make appointments and to take readings. and not giving prior notice to the club management in the surrounding area. i think that is all that. >> i have another question for the applicant, please pithead not -- please.

>> there is always room for improvement. it is an ongoing process. i think we have a little bit more to do. >> i have a question for staff. the approval for security plans , my memory is failing me and maybe i don't understand. it is the code requiring one- 100. we may be able to increase that number. you can decrease the number only in areas of conditional use? is that what this says? >> i don't remember. i'm sorry. maybe we can get some clarification around those

sections. you're asking if you must have the 1-100 or not. it needs clarification. >> so we have come to the understanding that you do not have a valid permit right now. so we are in the process of reviewing your application and possibly granting a permit after you prove yourself soundproof and other items that are appropriate. are you putting on music right now? >> we have had some temporary permits.

>> even temporary permits should not be granted. it is based on the input from the neighbors. >> we have not had any other issues. i have been available how-to to her at all times. i have been on the phone and just the sound to make sure she was ok with it. i did everything i could to work with her in the process. >> i want the staff to really consider temporary permits until this is nailed down. >> the conditions from the police department, it shall be maintained as a bona fide food

restaurant. that is really between them. that is your obligation, but there are a couple of conditions that i think are useful and meaningful. the entertainment allowed after 1:30. it is a standard condition. they shall install surveillance cameras and maintain adequate lighting both outside and inside. i do think he needs some lighting outside. she will provide a monthly calendar of the events and would you also like to receive a monthly calendar? >> it is simple to achieve. >> there are at least four

conditions i would like to see added to the good neighbor policy. >> any other public comment? i think we are done. commissioners? in discussion? do we have a motion? >> i would move for conditional approval with the understanding that we accept the police department's conditions. >> second. >> call the roll, please. [roll call vote] [ayes are unanimous] >> 7e. thrid degree -- third degree. place of entertainment.

>> this is an applicant for a permit under the planning code section 2 05 0.3. to do entertainment at this location 12 times a year. this is a medium-sized restaurant and will have live bands, and who deejays, and karaoke. we have recommended approval with 13 conditions. the one we have spoken about previously. they have regarded the 12 times a year temporary use. this may need further clarification, but hopefully, it

is somewhat unclear. certainly, i am sure he might at some flourished to my report. >> commissioners, i am here with my client that owns and operates a restaurant down near the park near townshend. these restaurants are doing pretty well. they are rock-and-roll in down there. this is a slightly odd one in that the south of market got a zone to disallow or basically disallow entertainment usages. and when they did that, they put in this to a 5.3 planning code

that allows temporary usage of entertainment. what we have done in the past, and what we would like to do in this situation, it allows the owner of the business to do new year's eve and some big parties. back to the issue at hand, i think the commissioner like this. this includes three neighborhood groups and some residents. pretty much every neighbor with in the buildings of every direction. we have gone to those people and talk to them about the operation and what we would like to do. and as for a business card. my clients are available for any questions and to request a

conditional. >> any questions of the applicants? >> how expensive is it? >> it is huge. >> i am confused. no new permits are being issued? >> the same is considered. those are the greater part of south of market. >> i don't want to keep us all night, but to explain why we are undergoing a rezoning process, what we have is a mixed use neighborhood. it is much more cut and dry in other parts of the city where there are primarily residential

areas and where it is not allowed at all. there are commercial districts where entertainment is encouraged. i try to strike a balance between the neighbors and the commercial interests. what they decided was to make entertainment a non permit use but to grandfather in a whole existing establishment. that is why we have what we have right now. that has loosened up somewhat, but for the time being, they are yet -- utilizing the rent party exemption. and you can continue to represent your clients with all the trouble that the police continue to give when people try to use the party.

>> why is this necessary? it is necessary because the patrol officers who don't care about horgan's. this is sort of jumping through the hoop who have something on the ground to keep your christmas party from being shut down. >> it is not a bad practice in regard to having [unintelligible] 10 of the this venue is properly inspected by other departments. >> under our jurisdiction. >> any questions from the commissioners? any public comment or the police department?

>> you're going to revise the good neighbor policy. >> that will certainly be implemented. when i was reviewing the application, they were not clear about question no. 16. i want the applicant in his own words to answer the question because if you have a license that allows all ages, it says only for schools.

i wanted to clarify that and explain how they will implement that. and as did that before the commission can address it. >> for the 18 end of the events, we are looking to do a close the event if the schools come to us and say they needed a vent for their high school or for their college group. those are the events we are looking to do, but it will not be open to the public. there will be no alcohol served at all. it will basically be a juice bar. the 18 and up would not be allowed to buy any alcohol.

>> you mean like,? >> correct. -- >> you mean like a prom? >> correct. we would like to leave that option open and allow them to do their event at our place. >> is that a satisfactory response? >> this evening, since i have not received an e-mail or anything in writing, we will have the applicant write it on the application. i hope that is okay. i know that they will be using promoters, said that same item

regarding promoters is in the application. >> any questions for the officer? >> any public comment on this item? the matter is with the commission. commissioners? >> i would move to approve this with the addition of the permissions of the southern station, a correction of the good neighbor policy that applies. otherwise, what the officer included. >> i second. [roll call vote]

[ayes are unanimous] president newlin: thank you and good luck. comments and questions? anybody have something that we could not have possibly discussed already? [laughter] >> i have two things. i would be great if the security plan was a little more customized the each of venue. i have it memorized. the next time you run into them, would you mention in? and i just want to wish you will live very happy and healthy holiday. merry christmas ,happy kwanzaa,

we already have a hot cup. -- hannukah. >> i want to say something about the commission packets. if it is really the case that the e-mail system cannot handle what your sending us, if there is some way that we can get a hard copy, and i can't say all the time, but can you put this in the mail on friday and maybe we would all have it by monday or earlier? tenth street -- i would like to

find some way to be able to review all of this. if you could maybe e-mail that to us, we shouldn't see this stuff for the first time. >> i apologize if that is what happened this evening. i am not going to necessarily offer by and for mail delivery, but i would use the united states postal service. >> do we have any special precautions we are doing? >> we can assist them in creating a comprehensive list of events that we know about.

i believe that they will be out in force on new year's eve. in to be in as many places as possible. as we have been receiving any special permits, that will also be on that list. it will be comprehensive by christmas had we will add anything extra. i don't believe we have seen anything of the ordinary or unusual being promoted for new year's that we haven't seen in the past. it will be a very busy evening and will a lot like halloween. it is the whole weekend of events. we will see parties in city hall

and then all of the hotels. there is a few going later than normal, but those are permitted in the police are giving notice that we are working through any concerns they might have. i hope that answers to your question. the often do they need to be aware of anything, just to be proactive? to have to do with security, and noise, and stuff like that? >> that is a really good idea. what we have done a is wherecma withc -- is work with cmac. what happened on halloween was a panel that was put together to remind the news of what we expect of them. hopefully, that message is

clear. if we can muster the resources, we will try to do that. >> new business requests? >> are we stuck at this time frame? is the question regarding start time for the meeting? >> i don't believe there are any free rooms available that allow us to televise any earlier. we would put in their request again. it is a tremendous amount that needs here. given all the