it were to be a male-performing venue- >>: this definition doesn't cover that. that was bottomless but covered on top, this definition does not cover that. >>: thank you. >>: commissioner borden. >>: i guess the question was, don't you guys occasionally install some kind of attenuating -- >>: the boxes you are referring to are known as sound limiter.

i'm --- sound inspector for the entertainment commission. we do not install them. we can ensure that the venue install a sound limiter to a system. some limiters are only effective for what we call dj music or prerecorded and mixed on site. for a live band, though it would be great if they work, they do not. because of the nature of the sound equipment needed. there needs to be a soundboard with lots of lines in and out. a dj equipment is simple. one source in and one source out. for live band you could have as many as five, or 36. huge concerts like at at&t park.

you could have as many as 150. on the dj board, the sound reaches a certain level and the equipment is not allowed to go beyond. it is like setting a dial. >>: mission commissioner borden.

>> commissioner borden: you mentioned that permits go with the person. how does that work? if i own a business called borden and antonini, is it under my name or i can open up a new business and call it city hall ventures. my point is that if people on multiple businesses, is assigned to the person of the business name? if so people permit history on venues that these people own? how do you do that? >>: number one all of about. sole proprietors; you own one place, family-owned businesses, llc, big corporations, hotels where

management is listed. it is across the board. the bottom line is if there is a change that is substantial, changing from a biker bar to a karaoke bar, it is not a content issue. we are concerned about the new owner. how does he do things? >> commissioner borden: i am not concerned about the venue as much as saying i have a venue on van ness and another on hayes. i operate the one on van ness really poorly but the one on hayes really well. good actor/bad actor conversation.

the question in conditional use how do you determine who is a good project sponsor? >>: our process is not comfortable. is long and expensive. by the end of it we know who the operators are. to the uncomfortable process a relationship is formed. this is not a huge bureaucracy that we are dealing with. four people. if somebody walks in and we know, oh, that's that guy who runs that place we say so. >> commissioner borden: is there a basis on which you cannot issue a permit? >>: spelled out. this goes back

to the first-- our permits are "shall grant", you shall grant if abc -- our processor design for compliance, not designed to keep people out or punish people. it frustrates the heck out of sfpd and neighbors. >> commissioner borden: the question that comes up sometime is, if someone wants the permit they go through the process, they can get it and it doesn't matter what their history is barring criminal activity. >>: i would not underestimate the importance of the sfpd entertainment commission

informal powers. and the conditions attached to a permit. with specific cases like the ones you're talking about, when there is a concern, this person used to own this and that. and i remember. it is a small city. people will remember that you owned this venue and 10 years ago somebody got shot there and you were bad news. you will undoubtedly get more scrutiny. your questions before the commission will be tougher; the ratio of guards to patrons will be higher. all sorts of things, specific concerns. operating history is fair game to consider in our permitting process. what is not fair game is making something up to deny. we cannot do that. that's a big no no.

we get the person to adhere. i'm trying to think of a specific example. a grant that may be restricted. the designers don't want scrutiny of us, of the police department our neighbors. they want to operate to make money. they want to follow the rules. some of them are hardheaded; they either come around to our rules after a painful scrutiny of they go out of business. you are well aware that if you pay attention to

the venue in san francisco weather ahoma resident, you can find something wrong. all these things are used. we are talking about the two percent now, maybe not even that high. >> commissioner borden: in terms of inspections, you do a sound inspection. is that done in conjunction % like a friday night or saturday night and surprise people know you are coming. obviously if you know the inspector is coming you will turn your music down. if you don't know the inspector is coming you would not necessarily do so. >>: that's a very good question. there are several kinds of inspections that we do.

we do a sound section or site inspection. we set an appointment with the applicant; we going, it is a formal test. it would do an inspection based on complaint we do not let them know we're coming obviously we would derail why we were there. that is a surprise inspection, a field inspection. anytime during operating hours we have the ability and right to show up. that is predominantly for a complaint. anyone who has been permitted by us would like to do a follow-up; maybe several months after they have been granted

a permit we want to make sure they are complying. we do casual inspections. would not be visiting -- >>: when you do a first inspection -- >>: we set a time. okay, five o'clock on a thursday, or two o'clock, we work a schedule. that can be difficult when there are neighbors or neighbor businesses involved.

if we need to get into residences that makes that coordination more difficult. all parties are considered and involved. >> commissioner borden: it would be ideal if the inspection happen while they were fully operating; the volume on a tuesday afternoon might be different in on a saturday night. >>: that will be in direct violation of the permit. that is one of the reasons what we do a follow-up. even when we do inspections on-site we have had venues where we have large bands there. as nicholas said,

those inspections are thorough; we raise and lower the sound. we back the sound down until we know it's contained. this is a cost incurred by them. >> commissioner borden: i don't want to make it more difficult. in some ways i think it is hard to replicate turning up the volume and music system with the band. >>: that is true. live music tends to be louder. we have a lot of experience doing this. we know that a push-up the dj system to the 95-96, 100 something dba we can get the numbers. the math is the math.

>> commissioner borden: we talk about the boxes. are there general soundproofing requirements? a lot of places get hot. the minute windows are open -- >>: attached to every permit is a good neighbor policy, boilerplate conditions. 13 conditions. those range from lighting to procedures of not blocking sidewalks. venues have to be enough ventilation. the cannot open the door. there are certain --

leniencies, you can be 8dba above in an industrial area, 5dba in a residential area. section e says that all of this is superseded by any permit issued by the city that includes the health department where a sound limit is established. you cannot violate the sound code and on to pof that no sound can be leaking from the building. we have two big tools, 2900

from the mpc, the sound ordinaance, and we have our own ordinance. then you cannot leak sound. that venue have to control or mitigate their sond. >> commissioner borden: other different sound thresholds? >>: what you are talking about is base ambient sound. if you go down to market and venice -- that is always loud. if you go to an intersection at 2 a.m. ambient is good to be different than five p.m.. one of the reasons why we like to test during the day is that believe it or not it is

closer to ambient sound at night than at 5 p.m. >>: item a4 2012.0822 1865 post street, request for conditional use authorization. >>: my name is christina moreno planning department staff. the item is a request for a conditional use authorization at the property on one eight six five post street. approximately 5000 square feet.

the project would have live amplified music. the project sponsor was granted a limited live performance llp from their tenant commission on july 25th. it allows for a live performance in an establishment whose primary use is not live music. additional conditions were added to the llp that limited amplified levels and sound system operation. in the august 16 hearing the planning commission continued the case to september 13 to allow the property to address concerns. from december 6 to feb. 7 the

event was continued. sound inspection was conducted on oct. 18 by the inspector from the entertainment commission. some test indicating that a bona fide sound at 78 decibels was not audible; is limited to 74 decibels. at this level no on the five down should be heard in the adjacent businesses. the project sponsor work with west coast sound solution. the following changes were made to the existing space: relocating the stage area approximately 60 feet away an

adjoining wall with the cinemas; adding additional insulation material and relocating speakers away from the ceiling. the revised floorplan is included in your packet. the project sponsor received two citations from the entertainment commission; the first was for operating past 10 p.m. and exceeding conditions, and using the portable sound system. the second citation was issued on dec. 17 for operating past 10 p.m. both are paid and abated. no other citations are issued. attachments to the letter

included petition of support from residents living directly across the street; a study conducted by -- acoustic consultant, since previous year the department has received four letters in opposition to the project. they have been transmitted to you via e-mail. in order for the project to proceed the condition must grant conditional use authorization. the department recommends approval with conditions. the project would enhance -- and ensure the success of the current location attracting customers. it would enhance the economic

diversity of the neighborhood by allowing the entertainment use of the area. local residents can access by walking or taking public transit. the business would serve the immediate neighborhood. this concludes a staff presentation. i'm happy to answer questions. inspector roger -- is here to also answer questions. >>: project sponsor?

>>: good afternoon commissioners. my name is john chey (sounds like) i'm one of the owners of -- we have improved the sound level at 94db, which was 74db from the first sound test. will use a microphone to control and monitor the noise in the main sound board. we added a sound compressor and limiter set to 94db. also installed a new mixer with

16 channels. since our doors opened we have the support of many nonprofit organizations for alzheimer's disease, leukemia cancer and -- school to benefit the community and the city of san francisco. we do not charge a single penny for these organizations to use our place. we have not had any trouble with our customers of the police and we open for the past 9-10 months. we have not had a single incident involving any of our customers being drunk or unruly. we have attracted a diverse customer base throughout the whole bay area and have created a safe place free from discrimination and prejudice.

we have done everything that the plain department and the entertainment commission have asked us to do. we have added the shield, the sound compressor limited and a mixer that will control all instruments. by doing this we hope this will ease everyone's concern with the sound problem in the past. we have added a safe, fun, entertaining and positive image. we asked the city of san francisco support this good, wholesome venue. without this all the out-of-town and local musicians would lose a place to perform. i am proud to be a part of the japan town community;

we hope that the the city of san francisco will open their arms and welcome this venue. i want to thank the neighbors, and the japan -- copmmunity. can i also introduce my professional sound man, mr. balluny, (sounds like) if you have questions. >>: good afternoon my name is -- ballunny. on dec. 6, 2012, we conducted sound tests in the loung and above to comply with

section -- not to exceed 8db above ambient levels. we measured levels. under both circumstances we do not exceed 98db. the lounge also installed a sound limiter limits the noise levels to 94 decibels. do you have any questions? >> president fong: we may have questions after public comment. go ahead and call public comment. (reading names)

>>: good afternoon r president fong, commissioners, my name is nancy -- i am the vice president of sundance cinemas. we are next-door at 1865 post street. i'm here to express concerns about the some problems and complaints from our audience from the loud music and shows at pa'ina. we played a strong role in the revitalization of

japantown; we took it a theater the need of renovation and invested millions of dollars. we not only renovated the outside of the theater and made it more attractive but also completely remodeled and modernized the inside of the theater. this is not a destination. we draw people to japan town; would benefit the shops as well as the surrounding dining, entertainment areas and post, fillmore and gary. i am also proud to say that we are part of the fabric of japan town; we hold several cultural events, the cherry blossom festival, kimuchi spirit awards, and the day of remembrance which is an annual event.