i have been a hula dancer for 16 years, totally involved in the polynesian culture. sorry i am nervous. my mom passed away six years ago; she was a costume designer for my hula group. there have been a lot of complaints that we're a club. we are not a club. we might look like one. we have a dinner show. we are not here to prove cause any problems. we want people to enjoy food and drinks and live performance without paying a door cover. we have been in business for 10 months now. at 10 o'clock our customers

leave. we are open on the weekend until one a.m., friday and saturday. customers complain. why do you have a stage if we don't have performance? we have explained that we are going to the entertainment license, and cannot have performances past 10. i hope that you can consider as for a full entertainment license. thank you. >> president fong: thank you. >>: good afternoon. my name is caroline alexander. i live at 1846 post, the golden gate apartments. and a community activist. i am an advocate, and organizer, pacific engager in the community.

i grew up in the community-based on the parents teaching us to be involved in the community. i have seen quite a number of businesses across the street at the address in question, 1865 post street. when i noticed that pa'ina was being built i took a special interest and i continued to observe and watch. i was impressed. i found out that jim knew my mother and father and worked at a plumbing store, and i used to go there as a little girl to get my nuts and bolts and always had long conversations

with jim. that gave inspiration to go in. i met everybody. i was totally impressed to see that it was gutted out from post to gary street, unbelievable. the work done in design and displays not to mention the lighting, structure, set up, stage entrance to the front door, , harmony that is there. menu, restaurant, the food, entertainment everything impressed me. my brother is a jazz musician that has played all over san francisco and all over filmore.

i asked how can i help. i gathered community bands from the farmers market; i asked if i could bring the bands in, i did a series of jazz sessions; the music was soft and silky; my mother had her 78th birthday there. i have been there since day 1. i gather 71 signatures saying that we have not been disturbed by them. i'm here today for a victory. i hope that you guys grant it. >> president fong: thank you very much. next speaker please. >>: good afternoon.

my name is lindsay grayson, i represent -- kabuki center and veritas property management. i'm here to express my concerns. as of today both the cinema and spa have had to give repeated refunds; we are concerned with the amount of money; our greatest concern is being unable to measure. additional soundproofing needs to be done in the pa'ina loung; live music and performances have to stop until the proper measures are taken. the businesses depend on the diesel and quiet environment in order to be successful in

a loud music will kill the cinema and spa. >> president fong: charles salter, sandy mori, robert -- >>: my name is michael burke, i represent the owners of the kabuki building. i could not quite figure out why we were here until ms. lamarina straightening out this morning. interestingly enough pa'ina loung can continue to operate under its live performance permit exactly as it has today provided that they comply with the conditions imposed on them

but the entertainment commission. they have not done so. all you have to do is read the inspector report to realize how combative they were and they were quite willing to operate 20 decibels above the limitations imposed. the reason-- and they continue to operate because their operation under the llp permit is as an accessory use. they do not need a permit from you. they here today to ask you to grant a conditional use permit for other entertainment so they can take it back to the entertainment commission and ask them for a place of entertainment permit. we hear over and over again that they are not

a nightclub. the only reason they are here today is to set the stage to become a nightclub. you have a substantial responsibility. as you heard from the entertainment commission representatives, they have a shall grant requirement on them under the police provisions of control wha they do. you don't. unless you find that the proposed use is desirableand compatible with the neighborhood. that is not the case here. we have a record of complaints that pointed out in my letter. the most recent in late january. the noise study they submitted is totally irrelevant. as a matter of fact mr. -- told

us that 2909 e doesn't apply. what applies is what he decides is appropriate noise level. i recommend that you tell the pa'ina loung that you will not grant a conditional use today. that they should conduct a thorough study and come back to you and prove to you that they can comply. >> president fong: thank you. >>: my name is charles -- and acoustical engineer. i have been dealing with noise issues in the city of san francisco last 40 years; prior to the entertainment commission being established and met with --

and had an understanding how to allow entertainment without disturbing neighbors. we developed a win-win scenario. it has been carried forward, and that is following the process. one, the place of entertainment does as much soundproofing as is warranted and affordable. some of the clubs in san francisco as you know have done enormous levels of soundproofing and other clubs have done slight levels. depending on the kind of entertainment music and the time of day, the operation of the club will control the noise emissions and not bother the neighbors. it is a step one, step two process. in my role in this project i was asked to review the acoustical report

written by mr. bellini who testified a while ago. in his report i believe he made a mistake. it is important that you understand that in my professional opinion the way i understand this report it should not be relied on because i believe it is flawed. i would be glad to go into detail about the flaw. on page 3 for example it explains how the noise and the club was increased by six decibels. and that the noise in the theater was only increased by two decibels. in my understanding about acoustics, if you have a signal increased by six, above the ambient, then it should be increased by six and mr. bellini talks about

two decibel change, and the 94 decibel still complies. i believe the report is flawed. some of the standards are not in compliance with the san francisco ordinance. thank you for your time. >>: president fong and commissioners. i am bob yamaguchi of the japan task force. i'm concerned with the application by pa'ina for the conditional use of entertainment with amplified music. at this time i cannot support the conditional use. i continue to support the original hawaiian themed restaurant dinner club in payment. i am impressed with the effort that they have made

but the citations concern me. -- 00 it would appear to me that there will be continued negative impact on the theater patrons. thank you for your consideration. i hope that you will require adequate conditions and parameters to make sure this business would not be a nuisance to surrounding neighbors. thank you >>: president fong, numbers of the commission. my name is sandy morray (sounds like) -- i'm here to ask you to deny this conditional use. originally many of us in the community were very

supportive of the restaurant with hawaiian music as entertainment on the side. we felt this was very appropriate for the neighborhood. since then we have had all the things that already; frankly we are concerned that if you grant this cu the bad behavior will continue. the impact of the next-door, the sundance kabuki theatre will be tremendous. we have work with whoever is in the kabuki area since the redevelopment days whether national breymar who owned it; then it became amc which

created an eight section movie theater; then -- and now -- of which sundance is a lessee. we have worked with every single lessee to make this a destination point for moviegoers to come to the theater and of course enjoy parts of japan town. this particular business, sundance kabuki is a major economic engine for japantown. we don't want to jeopardize that particular business. for 20 years we have been trying to revitalize what we have left; we are only one of three remaining j towns in america; we are trying to preserve what we have left and promote economic development.

is a key for japantown. some of the things i want to raise in terms of my concerns is, and he had reason letters of support from community-based organizations, or community-based leaders? i have had a couple of musicians come up to me and say that they got stiffed at the restaurant after they played. i know you are getting all kinds of information. i really think that you should seriously consider denying the cu at this time. >> president fong: an additional public comment? you're only allowed to speak one time. public comment is closed. commissioner antonini. >> commissioner antonini: i

share the concerns to promote a business; the concerns about noise bleed. as has been pointed out accurately we have an operation already in place as accessory entertainment. they want to go a situation where they have a different kind of entertainment license that would allow them to have live, amplified music, additional hours and apparently will generate sound at a level of 94 decibels although the test was done at 74 levels. kabuki has been successful part of japan town and draws people.

we want to make sure we don't have more instances of people asking for refunds and not returning. this is my concern at this point, whether or not it is appropriate to continue this item and to let the studies be done even though it has gone on a couple of continuances. i don't think it is ready for approval yet until we have assurances that when they are operating at the higher level of noise, at longer hours, the sound is muffled from interfering with either the spa or theatres next door. we'll here with the other commissioners have to say. for now it is not approval or continuance.

i would like to see this entity survive and prosper. >> commissioner sugaya: and number of the letters of support that we received through the have now taken a 180 degree opposite, in essence rescinding their approval, now asking that the project not be approved or have a lot of additional conditions which concerns me. they are community leaders in japantown. i will let you get something straight. currently the lounge operates under a limited entertainment permit from the entertainment commission. they don't need any approval from us in order to continue to operate in that mode. part of that permit from the entertainment commission limits the hours to 10 o'clock. and also

as i think we heard earlier that the epidemic commission has conducted its own tests and recommended conditions for the permit with the decibel limit of 74. now, in terms of -- that's sort of the basics. in terms of this cu we are asked in essence to allow them to expand the operation. then they can go back of entertainment for another level of permit. is that right? >>: that is correct. they are operating as an accessory use. by definition the limited use

is limited to square feet and not past 10. it is subject to conditions imposed by the commission. limited live also by definition is a secondary purpose of the establishment. this would give them more flexibly. planning commission has the ability to limit the hours of operation. >>: do we have the ability to limit the decibel limit? >>: the planning commission has no past. >>: in terms of some of the information received from the project sponsor and the sound consultant,

i have a question with respect to the first hand that we received. it says set at 93 to 94 decibels. >>: that is a limiter. >>: i understand what that is. how does that compare with the entertainment commissions's 74 decibels. >>: we were not finished with our installation. when he did the sound test, it was set at 74. because we have live entertainment we want to go beyond that. we want to make it so good that we don't want any sound leak at all.

>>: how do we do that? >>: he went to the theater space. two of the sundance cinema managers, michael and steven and --, the vp. we took almost an hour, up and down, incrementally, medium high, down slowly until we know. at that level whatever the sound set it at. >>: what was the sound limit? >>: 94 on dba and 101 on dbc.

we set our system at 94. >>: to the sound consultant i have a quesiton. >>: we did measurements in both levels. >>: you were in the sundance space. you took measurements? >>: yes. >>: they went up and down. >>: what we are told is that at 94 decibel limit with this limiter was set to you cannot hear any sound on the other side of the wall? >>: the 94, you can't tell. you can tell at the 101dbc.

>>: what db level was there at sundance space? >>: 36 on one side. >>:and 94 on the other. >>: yes. >>: thank you. to sundance -- both you guys. i don't care. the question is, do you agree with that testing method? they're telling me that it is almost inaudible on one side when music is cranked up to 94 on the other. >>: not at all. i was present as well. they came in to make

recommendations about soundproofing. that is not what the report is doing. instead they came in and did a test to justify -- now they're here to turn it up to 94-101. that is in violation with what the entertainment commission has established. as far as the bona fide use of the report perhaps mr. burke will address that. >>: i would suggest that before you leave this topic you give mr. saltar the chance to probably educate us all. i wasn't there. if you read that some report it says that where they measured they did pick up increases in sound

as a consequence of what was going on in the lounge area. i am a little surprised here. if you read that study the engineer said, i was asked at what level would noise in the pa'ina loung violate section 2909b. in my letter i said that section 2909b of the police coude doest not apply. 2909e states that limitations apply

in other city permits. what i have suggested -- and i think it is terribly important -- that a reputable sound study be done here by a recognized engineer. if they want to put up an engineer and we have to put up an engineer and we have the battle of the experts i suppose we can do that. we need to know what is going on. we need to know what sounds bleeding and how that can be stop. mr. saltar can tell you that maybe it is an inexpensive fix. until we know what we are talking about it is unconscionable for them to ask you to give them authorization that they can take to the entertainment commission and become a nightclub and put at risk these two businesses

that have led the rejuvenation of japan town. it is a matter of having all the information before you act. thank you. >>: i have other questions. >>: mr. hillis. >> commissioner hillis: we're kind of the same position we were a couple of months ago. the cinema and the hot springs have been in japantown a long time; they're clearly important to the people and businesses in japan town. there is no reason not to bring additional people who haven't been to japan town.