district with a better opportunity to grab tenants. on the design is moving in the right direction. the color of the glass is really important. i have always been a big fan of 560 market, the best glassed building in the city for aesthetics. a lot has to do with the rich green color imparted by the framing, very close to the glass. i'm not saying that staff says you need a lighter color to blend in with the other buildings. that may be a case made for that. making sure it is a rich enough color is important. to can work with the project sponsor on that, make it a graceful building, don't trick it up too much. i am totally in support of this one.

>> commissioner moore: in august we spent a lot of time discussing this buidling; the basic support ha s not changedit happened 13 weeks before the voters decided to support prop c and that is a much more important thing to focus on because there is a shift which put this building particularly because of its timing on the calendar of this commission very much within the sphere of influence of prop c. you can stand in line right at the right time even when rules change.

the concern about future projects coming forward and not looking at the conditions which surround the approval including other things that have changed, requirements of three elevators versus two. issues with respect to energy conservation, etc. in principle i think that the most important condition for this project is for it to occur within one year. and with the applicant standing here and testify that there is intent to start within two weeks is the best proof. this is something we should continue to support and see that it indeed becomes exemplary of what this commission is looking for. i would like to make one comment.

i think the commission as part of its previous approval stated that some of us interested to see the final façade design to be reviewed by some of us. i have not had the opportunity to follow up with staff. those commissioners who want to be involved should continue to do so. i want to restate the continued interest of some of us to participate in the final configuration. >>: anyway. to staff, in terms of the one-year permitting trigger, with respect to the building permit, is there a specific permit that is referenced? can they go in for a site permit and that counts? >>: the first construction permit in this case is --

>>: in this case it would be the architectural addenda. >> commissioner antonini: i moved to approve, the required action must contain (indiscernible) >>: second. >>: on that motion: >> commissioner antonini: aye >> commissioner borden: aye >> commissioner hillis: aye >> commissioner moore: aye >> commissioner sugaya: aye >> commissioner wu: >> president fong: aye it passes unanimously, 7-0. we do have a member of the entertainment commission here, for item 13, entertainment procedures and

processes.

>>: whenever you're ready? >>: good afternoon everyone my name is nicholas king, i'm here to give a brief presentation. this is an overview of what-- responsible for, and excessive noise prevention and enforcement.

the epidemic commission regulates entertainment and nightlife in san francisco generally. will begin with basic definitions and underpinnings of our permits. i'll get to the handouts and described them. the commission issues many types of permits. today we will focus on -- we will get the conditions of the way to be on the same page. the first amendment of the constitution, its equivalent sections in the california section. people are guaranteed the right to gather for peaceful and lawful purposes. it is a guarantee in any attempts by us as the city

to regulate assembly and performance is constrained by the first amendment. entertainment looking at the powerpoint please % i'm not going to read the whole definition. you can take a look at it yourself but you can see that it is long enough to be pretty inclusive of just about any type of performance that you can think of. a place of entertainment is defined as any premises to which patrons are members are admitted which serves food, beverages, food and beverages included to a not limited to alcoholic beverages. to understand this it might be helpful to mention some things not included in place of and payment. we are not talking about private residences,

or events truly private like a wedding or something like that. our place of entertainment permits run with the operators not with the address of the venue. when there's a change of ownership or management someone has to begin the process all over again even if the name of the venue stayed the same for example which is in contrast as you know withconditional use authorizations. if there is an attraction in san francisco open to the public we want to make sure it is safe for the people who are there, people around it am not a nuisance for anyone who lives or works nearby. we want operators to do what they do well.

we don't want them to control everything. we know there are limits. we do want them to be responsible for what they can control. in practice examples of the types of places we are talking about, you might have the new usf jazz building, down the street, a sophisticated well-funded professional space. on the other side a karaoke space with one microphone, one stage and 49 occupancy. there are four hundred places of entertainment in san francisco. it has remained constant.

the permitting process, the entire process takes around 45-60 days and will cost the applicant anywhere from $2000 to $2500. conditional use takes more time and is more expensive. several departments must weigh in. the planning department, department of hotels, building, electrical, fire, police, noise inspection plus a 30 day posted notice, the application that comes in advance to the public hearing at city hall. and outreach to the neighbors of any particular venue. before i focus on the planning

part i will focus on the other departments going back to the health and safety purpose of the whole process. who want to be safe, the food, fire hazards, occupancy. all the inspections that building, electrical, fire, all are pass/fail. if there is something to have to correct they must correct it before they get a permit. to propose specific things the commission can accept or demand. the planning role starts from the very beginning. i will switch to be overhead. you have this on your desk. you don't have to look at the

screen. so, this map of san francisco shows where place of entertainment permits are allowed. beiged areas are not allowed. because the map is the way does the first thing we tell the people is to leave and go to planning. we used to ask them to call. we now have a special form. the process is expensive and long. we don't want to make someone go through it only to learn later that they can't do what

they want to do or there are constrains they did not know about. in the planning department they will find if the use is permitted. they won't be heard by the an agenda commission until we have heard from planning. the planning department gets the application and holds it like the other departments. i get something back that says planning approved. and gives me some other information for the record. the process continues. there is a public hearing where the commission hears

about the proposed use. we hear from sfpd in the permit officer at the permit station; we hear from the applicant; the commission will vote on the application and may attach conditions. the applicant is usually not done with inspections at that point. 40 days have elapsed, not a lot of time to have heard from six departments. once they are done with the long list the last thing is the sound inspection. we have a sound inspector on staff who does this. he goes to the space, sets a decibel limit. if there are specific neighbors

above or cross the street or whatever, flushed out through this process and they want him to go to their house he will happy to do that. he will ask them to raise or lower the volume until it cannot be heard. that becomes part of the permit. once the permit is issued, we trust that it will operate without issue. there is a whole enforcement process but that is the end of the process. i will add a word on conditions that you attach in the conditional use process or that we attach;

with our commission there is a desire, well-intentioned, to micromanage the day-to-day operation of the space with conditions. you have 30-40 years of old permits; if you look to them that are conditions and some that are better than others. we don't like to see include -- these are actual things -- no heavy metal music, no rap music. this is from the government. government is not supposed to do that. music cannot be amplified. it misses the point. marching bands are not

amplified. there are large gosple choirs too. better conditions relate to the structure in the physical space and soundproofing. security enhancements through the space. that is everything in a nutshell. if you have any questions about any of that i'm happy to answer. >> president fong: thank you. there may be questions when we open up public comment. is there any public comment on this particular item? seeing none, public comment is closed. commissioner hillis. >> commissioner hillis: a couple of quick questions. you have the ability to revoke the permit too? >>: yes. ultimately, it's --

a long suspension proceeding is what precedes that. it goes back to the first amendment issues. we don't act fast and step in immediately and say "permit revoked." there is a process that involves notice and the opportunity to respond. there is an eventual suspension of the permit. it is important to keep in mind for your information and anyone listening is that we permit entertainment. revocation of the permit is not shutting the place down; it is a popular misconception even among employees of the city. we don't step in with a squad of people and shut a place down

and say there is no more live entertainment. >> commissioner hillis: the same thing holds for us? a cu cannot be revoked? >>: a cu can be revoked through public hearing. >>: there is no transfer. in theory, if there was a nightclub owned by you commissioner antonini and commissioner borden -- if you decided it was no longer fun for you and you wanted to sell your interest, and the management was substantially the same will probably amend the permit administratively.

but if you all changed ownership, it is not commissioner sugaya's, they would have to go through the process. >> commissioner antonini: i have questions maybe historical. i was looking at some of the areas. some of the areas where the -- -- and 33 is basically a permitted area. i don't know if something else was there before. also the shopping center at -- the small shopping center is the only thing i could figure would be the principal permitted part for entertainment. looks like around the safeway at fulton and la playa, i

can't say the exact location. maybe it is a historical thing. the serious that are residential i am not objecting that entertainment is there but i wonder why. >>: the map is based on the underlining zoning. the shopping centers are located within the ncf district, neighborhood commercial shopping center, far more permissive than the individual neighborhood commercial districts and also stonestown -- >> commissioner antonini: the zoning encompasses more things than just the fact that entertainment is permitted but

there are a lot of things in there. they still have to go through the permitting process if located in those areas. >>: to better understand the noise ordinance, we can detail that in the various cities responsibilities in implementing the ordinance. >>: i don't have the ordinance in front of me but i can give you review. enforcing the noise ordinance can be tough because a lot of it is fleeting. it's hard to wrap your head around who you should call. start with 311 or police

nonemergency. there is construction noise which is different from motorcycle noise, different from noise from people, different from entertainment venues, different from street performers. administratively it is difficult to give you simple answer. sfpd has authority over much of that because they work 24/7 and they are police officers. they almost always have authority. i will talk about formal enforcement and informal enforcement. there is the informal call that anybody can make to the construction site that is starting at 6:30.

i believe instruction sites can start at 7. people will say i am sorry, i did not know. nobody gets arrested. informal things do happen. one thing that is important is that with noise enforcement, it is not the answer that people want, but there are some things that we cannot fix of fix ell. for example between 1:46 a.m. and 2:30 a.m. bars are closing, people leave, people are talking loud. it is annoying to hear screeching, giggling, we

get a lot of complaints to 311, but there is no simple answer. we do ask our permit holders to control where they can control. usually that means simple things like posting a sign, hey, this is a residential area. or by staggering the closure sometimes. half the club leaves at 1:30, half at 2. there is no simple answer the

next everyone in san francisco happy. >>: as long as we were talking about sound and noise do you require the installation of an attenuator unit so if there is live entertainment it has to go through some kind of thing that limits the decibel level? >>: the decibel level is limited by the permit. the bottom line is there is a sound limit. obviously there is flexibility in the venue about how they stay within that limit; sound travels in strange ways. i don't have the know-how to

explain it well. in general when there is a problem we are pretty successful having people make correction so whoever is disturbed is no longer disturbed. >>: in a couple of cases where i have set in an entertainment issues there was a physical box that limited the decibel level. >>: i don't know any thing about the boxes. i don't want to live you. our sound inspectors here. >>: if he's here he can step up to the mic. out of curiosity, in the entertainment definition number four is what it is. as the new owner of the nightclub that was recently transferred, purchased or whatever