money the happyier your project will be. that team includes your real estate attorney and your contractor and architect and your people who will run the restaurant should be part of that team early on. >> the thought to the lease negotiation and geth a real estate professional or attorney involve side if you are going to take a space which is empty and basically renovate it and make it into a restaurant you will spend capital to make space better and productive. you should get ti's back fwrt landlord. >> what do you mean ti's. >> tenant improvements where they give you a credit against your rent for a period of time. if you have 3 months to go through the permitting process you maybe able to negotiate a lease of 5-10 years and get the first 6 months of rent free

while you are investing money in someone els property. when you walk away from the lease what's nailed down becomes the landlord's property. we suggest you get someone on your team that can help you look at industry standards so the landlord will contribute and lower or costs down. there are leases where the landlord wants the project like in a condo they will start rent the day you open the restaurant with a large general parameter. it must be within 9 months or a year so you are protects and you don't write a check for rent when you have no revenue coming in because your business is not open. you can do that in the lease with someone who is good at that. >> tip 7. have a transferrable lease.

getting somebody experts in lease -- >> people -- there are easier ways to making a living than opening the restaurant. long hours and margins are thin if you love the business it's in your blood and you want to do it. most people opening the restaraunt will be the operator. you get married, have twins, life changes you have a grandparent move in with you and the hours with the restaurant are not attractive. this is an option for you to building the possibility of selling your business within your lease and getting your money back out of the project so you are not trapped into the lease. >> tip number 8, do not release your continganceies until all city permitsu are secured. >> this is a clause in the lease saying i have an out.

say you open a night club that serves food in a redevelopment zone and can't get an entertainment permit yoir business concept does not work you can walk away from your project having spent the development money and not build out money. >> complete accurate forms and plans. i have a few comments and i will refer to our other pages, page 2. what level of plans are required? in the middle of the page, item one says sufficient plans submitted without unnecessary information include -- the more you give us the more we will look at. you don't have to give us things that are not required. if you give us extra information we will look at it. don't give us extra information give us what's necessary. what is necessary includes; this

is out of the building code, space layout. the use of all the areas have to be shown on plans. you can't have undesignated rooms or areas. all the disabled access features must be shown. a state law in the state building code. how to gain entrance from the parking to the restaurant. through the restaurant, bathrooms serving the area of remodel or the restaurant. any phones and drinking fountains all have to be shown. structural plans details energy codeup grade r50ir789 have to be detailed the energy codes are strict like disabled access codes. they are turning to the green building codes.

we will see new green building requirements for san francisco. now the california energy code fills the space of green building requirements. fire department where you have an occupant load of 50 or more and the occupant load is not the patrons it's based on the square footage of the restaurant typically 50 square feet per person. if you have 50 or more the fire department wants to see a complete seating plan to make sure exiting is not blocked. of course, we need to see exits. san francisco probably the number one problem that i see that is difficult to resolve is how you get out of the land locked buildings where you have one front street frontage and no back or side entrances which typically mean you need to put a fire corridor. in there was a change in the california building code in january saying where there is a

fully sprinklered building the exits have to be separated a third of the diagnal distance. a technicality but it makes a difference a third degree of the diagonal difference meansure able to have 2 doors on the fall of the building which previously you need half of the distance you couldn't meet. it's possible to use the new code requirement in sprinklered buildings to ease exiting requirements. those need to be shown on plans. not necessary on show electric and plumbing plans. we need to see where the fixtures are located but don't have to see all the plumbing diagrams. we are not interested in finishes. the health department is interested in finishes. >> the dimension one third or one half, how do you measure that is that to the center of the door opening or the center

of a pair of doors? is it in a straight line between the 2 openings or go around a structural fixed objects. >> the question is, how dou measure the diagonal distance it's not an easy question. say we have this is our building plan this is our building here's our door up here. put a pair of doors out here they should be swinging but they are not. here are a couple of doors. the diagonal distance is measured across the longest space. half of the diagonal is how far the exits need to be separated if you have 2. there is one exit here and the second would have to be that far away. there is no way i will fit that into this building.

we'll would build a corridor and put a door in the corridor so you go out to the street. if you need a third of the diagonal distance, now we can probably meet that third diagonal distance by putting another exit in here. possibly. for some people that may help. building code says you measure from the center line of the door. if you have a pair you can chose the operatable looefr that works best. and the question is where you are measuring this distance is it measured in a straight line or around and about? harvey hacker who does architectural work with the city and i think we agree it's

measured in a straight line unless it's in a protected area. >> if we are tight on the measurement we can't measure from the 2 closest jams the center. >> the center. >> even if you miss by 18 inches or a foot. >> you misby 18 inches or a foot. now we come to the section of the code where there are some potential ways to solve problems. if you misby 18 inches we will figure something out. i think we and our new director and our take is let's solve problems like that. not everybody thinks that way, unfortunately. i have to say. it's easier in the government world to say, it's not there so therefore, it's wrong, resubmit it and make it right. i don't like that approach. i like to figure out a way -- may be we can provide an

alternative safety measure, another sprinkler head or something. >> as you say if it's a foot and we get turned down at the counter or by the plan checker what would you suggest would be our next step? >> okay. it's clear your next step is to speak to the senior plan checker or inspector the chief inspector or the director of the department because they have more experience and knowledge are much more able and willing to accept equivalencieequivalen. >> some say they don't want to do it because the plan checker will be mad me. >> what's the number of restaurants that go out of business before they get their own door. >> i have never seen that and i have been in the restaurant

business for 30 years, a lot go away quietly and we don't know they failed. the number of 90 percent failures is accurate. in san francisco i think the number is probably lower than that. partly because you have some institutions here like aliotos and the cliff house that have been in business 80 or a hundred years they skwu the number lower in terms of that sequence. the newer communities the number is the 90 percent range. >> how many are getting rich in the restaurant business. >> compare to high school-baseball players there are millions and there are a couple of thousand that make it to the major leagues and make millions there are many of hundreds of thousands that never make it to pro. there is a handful of

restaurants that make a lot of money that are business 7 days a week and are expensive and there are hundreds that pay bills and make a living but don't make a lot of money. [inaudible]. >> skoemas is on port property. their sales are on public record they dpo 14 million a year in business. if you divide that by everyday it's 40 thousand dollar a day in business. that's the very top of the food chain in san francisco. there are 6 or 7 restaurants that do 10 million a year. they should be profitable if they manage their costs well and the costs are reasonable. with 4,200 health licenses there are 2200 restaurants you are talking about one percent in the upper and the other 99 is not.

>> our last item on our top 10 list has to do with developing a schedule for initiating permit applications. we need a list of what they are and figuring out what order you do them and where your priorities are and may be the cost of them are. what did you have in mind with you talk about a schedule? >> i think for a development project you should have a calendar with a flow chart and have bench marks of what permits you need and you should look at all the permits you need listed in your document and work backwards to see how far in advanced i need to apply. if you have a 2 story building and you need an elevator. i don't know if the current waiting list. the waiting list on an elevator was about 7 months. in fact, we didn't get the elevator in time to open. we had to build an 80 foot ramp

in the backside of the building to get people in which was never used but made it accessible to open and would have don bankrupt with the rent. whatever the things are in the list you went through. you think of all the other things that might be includes and put a time line. better to apply 2 weeks early. >> let's talk about disabled access. this is such a huge issue. first of all, if you are remodeling a commercial space a restaurant or any commercial space and the cost of the work is under what is the current annual threshold then you only have to spend 20 percent of the cost of your work to meet the disabled access requirement. when you are spending 100 thousand dollars on remodel you spend up to 20 thousand dollars on disabled access.

now if your building is compliant you don't have to spend anything. the code says what order. what the priority is of how you spend that 20 percent in section 1134 capital d combepgz number one. the priority is the path of travel to the area of remodel do that first. that includes the front door and the metal hardware and the restrooms and it goes down and gets to the parking. it's almost always you start at the front and work your way back. the area of remodel always has to comply with the disabled access regulation. there was a question here? let's get that. >> the fine point on the cost.

11 119,900. is the 20 percent in addition? >> if that was 119 thousand dollars in construction you have to spend another 20 percent to meet the disabled access. >> reality is 20 percent more. contract price. >> yeah. you are allowed to deduct the amount includes to do the disabled access work. i'd have to look the specific language in 1134 d how you deduct that. there are certain things that are exempt from disabled access. disabled access is required when you are doing alterations, structu structural repairs or additions. nonstructural repairs does not trigger disabled access under

state law. alterations where you change things to disabled access. a nonstructural repair something has fallen off the building and you are fixing it does not trigger disabled access. new carpeting does not trig are disabled access because it's not an alteration. >> when is it required to have an accessible restroom if you have a small restaurant, for example? >> if the restaurant is new, if it's new, you need to make the restrooms a restroom accessible the plumbing code, the building code has a table that says how many restrooms you need. it says where you have 4 or fewer employees. ; is that correct, you can have a single uni~ sex accessible restroom or fewer employees.

if you have an existing restaurant and you are not doing any work you don't have to make your restroom accessible. except there is an ada issue, the ada the americans with disability act is a national umbrella requirement says you need to do things that are readily achievable. that means even if you are not doing work that triggers access under the state law the 119 thousand dollars or anything you are obligated as a business to do anything readily achievable. may be change hardware, nonskid surface on a ramp. put signage up. change the hardware on the sink. if you don't have a full i compliant bathroom you as a business owner should make an effort to make your restaurant

or business compliant. there is a conflict between that and the state standard. >> is the new restaurant meaning it's a new owner or m n meaning -- what is a new restaurant? >> the state code and ada doesn't care who owns it. the state code certainly doesn't. if there is an existing restaurant and it's cold and you are not doing work which is always never the case. assume being you don't dpo work there is nothing triggered. if you do finishing or carpet that is a nonstructural repair and maintenance that does not trigger disabled access. that's very rare. new owner purchases a facility or restaurant they always want to do something. >> i think the other area of ada that a restaurateur needs to be aware of is any citizen in the country can sue a business

for not being accessible whether or not they have taken out a building permit. there are attorneys in the country that do this for a living. ethical standard if you have done the things red lye available. run in the bathroom stall and put in 2 grab embarrass so someone in a wheel chair can use a toilet they will probably leave you alone. if you have done nothing and an act vift walks if in you may be sued in order to bring your facility up to code. it's more expensive to do the work and fight the litigation than it is to settle. it's a shake down, if you would. it's important that restaurateurs do what they can to reasonably accommodate everyone. if you make the effort you will probably be fine. if you make no effort that would

be a concern for your business long-term. >> even if's not triggered as a legal requirement, what is readily achievable, do it. it's not that expensive. >> and the up side is you are accomodating your customer. >> that's right. >> i want to talk about mezzanines come up all the time. there is a restaurant in san francisco called mezzanine, have to go there. mezzanines come up all the time. a mezzanine in an existing restaurant does not need to be made disabled accessible if the area served is of 25 percent or less of the same area provided in the main area of the restaurant. the area in the mezzanine is not more than 25 percent of the service area of the restaurant

if that's the service area. and mezzanines are limited to a third of the room to which they are opening. mezzanines are interesting they are areas within a space for which you don't pay for space rent, is that your understanding? >> i would agree. >> some restaurants i see rent a space and put in a mezzanine they have 250 square feet of usable in some way which is a real benefit in many cases. and they have certain exemptions from disabled access but you have to provide the same searchses on the mezzanine as on the floor. >> the code says in an existing restaurant. a mezzanine that is no more than 25 percent may -- and that can be interpreted loosely.

you get the permit for the restaurant and come and get the mezzanine permit and it's an existing restaurant. other requirements and thresholds, elevators are extremely expensive people who build restaurants with elevators are doing major projects. heavens if you get involved in an elevator and it's another 100 thousand dollars. other disabled access, where there are 2 exceptions based on the size of the building. they say this is unreasonable to require an elevator and you are exempted. the disabled access is expensive upgrade requirement. the green building stuff we will see a lot of green building

regulations in the next 10 years and start affecting restaurants as well as every build negligent stay. have to do with lighting and envelope efficiency. it will tighten up the rooup rules more. it's not just the state and local legal the bay area air quality management district passed a law with restaurants where you have a broiler of more than 10, >> 10 feet. >> you have to have a special way to burn off the grease and vent. very expensive. there are regulations coming from every direction and mostly ending up in the building code. whether they are social issues or health and safety issues they'll be in the building code. yes , sir. >> on the exiting, you have 2 fire exits do both have to be

disabled access or can you have one? >> the code just changed. it used to say an accessible entry and now you need accessible exits as well. for new accessible for remodels red you with use the second exit. >> the lift, ironically we got a call from a client who wants to install an out door lift to get from the garage and the platform at the main level of the house. i was wondering whether wise is that allowed in san francisco. i see by the brochure of the lift manufacture they do outside lifts. i was concerned about pushing electrical butt ons on it. >> i see out door lifts in the city and they need more service

but are listed and approved. >> if you want information about golden gate association can they give a call. >> 781-5348 extension one. website is ggra. org. there is hundreds of pages of data on the website. >> like to thank kevin lesly from golden gate restaurant association. thank you very much. [applause]. thank you for coming. we will see you next time.

>> welcome to culturewater. in 2001, the san francisco arts commission and tampa does go public library established an arts master plan for the city soon to be renovated branch library. almost 10 years later, the san francisco arts commission has integrated a collection of vibrant new artworks by bay area artists into five new libraries, and there is more on the way. here is a closer look at some of the projects. >> the branch library improvement program is a bond funded program undertaken by the san francisco public library to upgrade each of the branch libraries throughout the neighborhoods. one of the great benefits of

this opportunity is that each of these branches has a unique artwork that has been created specifically for that branch, based on input from people who live near that branch, in the surrounding neighborhood. >> trur- minded. there was a lot of community support for the project. i try to make it about the true hill and its history. they were something that natives used for making houses. the construction of the pond is based on abalone house construction. at the bottom of the form, it is woven into a rope which transforms into a manufactured

rope. that is a reference to the cordish company, a big industry at the waterfront that went along with the shipbuilding industry. other examples of art work in libraries that you might be interested in seeing it is dana zed's glass shatters in front of a library. there are a wall sculptures in the lobby of the glen park branch library. and then there is an illuminated book on the wall of the mission bay library. >> "ocean current." we are on ocean avenue, so there is a connection to that. that is what this is about.