>> good evening and welcome to the wednesday, april 16, 2014, of san francisco board of appeals the preceding officer is commissioner president lazarus and we're joined we commissioner fung and commissioner honda and to my left is san francisco city attorney brian and at the controls of the legal process clerk. i'm cyber that goldstein the boards executive director. we're joined by representatives

from the city departments that have matters before the board and other from the entertainment commission. so the board requests that you silence all phones and iron devices to not disturb the proceeds you are boards of rules of appreciation appellant and responder have 7 minutes to respond present the case and rebuttals are 7 minutes the members of the public not photographed have up to 3 minutes and speak spot microphone to assist the board in the minutes you're not required to required to submit a card the speaker cards are on

the left side of the podium or there's satisfaction forms and if you have a question, please speak to us on board we're on 1650 mission street. this meeting is broadcast live on chaebl 78 and rebroadcasts on fridays as 4 o'clock p.m. and the dvds are available now we're swear if you intend to testify at any of the tonight's meetings please stand and raise your right hand any member of the public may speak without this oath do you solemnly swear or

affirm the testimony you're about to give will be the whole truth and nothing but the truth? >> i do. >> okay. thank you. commissioner president lazarus and commissioners we have one houses keeping item with a rehearing request the parties have jointly requested this matter be restreltd to the may 7, 2014, meeting in order to do so we need another motion >> so moved. scott wiener we have a motion from commissioner honda to move this to may 7th any public comment seeing none. call the roll arrest commissioner fung. commissioner hurtado and commissioner president lazarus. thank you, commissioners commissioner hwang is absent. we'll move to item one general public comment.

at this time, members of the public may address the commission is there anyone who wishes to speak in general public comment. seeing none, we'll move to item two commissioners, comments or questions. seeing none, then item 3 is did boards consideration and a possible adaptation of the minutes of the meeting of april 9, 2014. >> any addition or corrections a motion to adapt the minutes we have a motion to adapt seeing none, commissioner fung. commissioner hwang is absent and commissioner president lazarus and commissioner honda the minutes are passed by a motion of 4 to zero we'll call the first appeal. david those good vs. the

entertainment commission on stuart street for the proposal grant to a gentleman a place of entertainment permit their hours are up to 2:00 a.m. on if i and saturday nights. we'll start with the appellant please step forward. you have 7 manipulates to present your case >> hello good afternoon i'm david with the tenants association. if you can't hear me give me a

thumbs-up this is a nearly 20-year-old organization and also among other things address noise issues that's what we do our building has 3 hundred and 20 apartments that faces the restaurant dribble and there's about 4 hundred tenants. as you can see on the gene many of the units are very close to region and appear if you look at the square windows that those are square windows 16 foods seniors and kids and looking directly down on region restaurant. here's a shot in one of the apartments. showing how close we are to region and that's where people and crowds congregate etc.

you should know that our neighborhood is a very harm anyone's mix of restaurants and residential offices and retail we have a good rapport with the recuperates in the area and no 1 on the street has a current entertainment permit spent the entertainment commission we've not found one single business on statute streets that supports them to have an entertainment despite what they say in their brief i'm happy to elaborate on that you'll hear from one tenant that's been involved with the police department the hotel griffin has claimed about regions noise and this has been

vomited on page 8 of the uc application that the quote hotel never claims and this is false. as recently as march 15, 3 a daze before the permit we filed complaints with regents noise. this video which was shot cross the street shows indicates noise coming from regents >> you can put that on the overhead. >> put it on the overhead the way you did it. >> that was shot starting across the street a clear

violations of the good neighbor rules and a noisy crowd that brought me out there that's a violation they were doing it 3 days before their permit was up harder an example of being a good neighbor. we and other on the street they approved the permit and eave raised 4 series questions about the meeting and first of all, they've applauded to us in their brief for not richmond to us we don't want their apologizes but carry out their duty and second for noticing the whole neighborhood requires one notice this is inadequate and we question whether the notice was posted in the conspicuous manner

we keep an eagle eye and we and the neighbors never saw it. regents have go forward our questions and they said it was posted in the window facing the sidewalk. well, the only problem with a one regent has no fixed window facing the sidewalk. those coarse on the right >> - >> you need to reference the overhead. >> i'm sorry. >> never mind. >> the doors on the right are folding doors they're supposed to folded up facing in the club not exactly a conspicuous clorox and this is permanent open space no windows there. we've been asking where was it

posted their stonewalling their question we don't feel it was conspicuous you can't approve the permit. there have been complaints been regents noise since they opened in 2012 and they said in their application that their peak usage period will be 5:00 p.m. to 1:00 a.m. the puc granted them lateer hours we feel that allowing entertainment 5 nights a week that's more than regent requested. the uc has denied saying it's excessive but that's completely different than testified at that time the deputy director told you many venues are limited to

11:30 to minority aid brick and morts hours are not unreasonable and a moment later she added that's standard and now entertainment he until 2:00 a.m. is reasonable with 2 hundred rental units. they claim that stuart street is a busing and noisey i didn't well traveled street it's not i took those photographs on a friday afternoon hardly anyone on the sidewalk regents bad behavior does not deserve a permit please don't reward their behavior >> what was the date of the video you showed you. >> it was 3 dies before the puc

hearing so march 16 at 1:00 a.m. between 12 and 1:00 a.m. keep in mind they have no entertainment permit their violating the good neighbor policy. if you have any questions that no other businesses support they'll claim they are >> we'll ask questions. >> we'll hear from the permit holder now, mr. twong. >> you have 7 minutes. >> good afternoon, everyone and i want to take the opportunity i am the owner of the restaurant i've been in restaurant 15 years besides the other one in the financial district i want

everyone to know i've never had any problems obtaining a license. i'm here to share with the people that are with me to support me and people opposing regents we're going to be responsible 40 with the license that's important to be harm anyone's with the neighborhood particularly with the hotel griffin recommended their services for diane and lounging we're very receptionist full to their guests. should our music every become a problem whether a dj we have taken steps to have sound pressure tests requested and it's quiet next door. in an effort to prevent sound traveling we have bus sound

installations to provide cuss shuns. we have installation coming next weekend i'm confident there will never be music come out of the restaurant. i live across the street and have conducted my own testing and have heard nothing and another business faces this restaurant and they've never complained thank you >> did you say i live across the street. >> i live facing restaurant regent. >> okay. did you what kind of testing did you do. >> i brought in a sound test engineer used a special meter he's on his way here and i have submitted his page.

>> i have a question sorry. >> go ahead. >> in regards to the patrons front of the of the club do you have security. >> our security is from security intelligent services the specialists they're a company that's bonded and wherever we have event they're two guards to make sure the people clear the sidewalks in compliance with the neighborhood. >> when you ran the sound tests were the folding doors closed. >> yes. we never leave our doors open for event and there's a lot of people we want to make sure the doors are closed when at night. >> okay. thank you.

>> thank you very much. >> we can hear from the entertainment commission now. good afternoon the appeal concerns a conditional grant of a place of entertainment that was approved by the san francisco entertainment commission that is on the one hundred hundred block of strut street it sits there with the griffin hotel and this area has been home to several entertainment permit you may remember shanghai and heather had a permit and there was another permit holder there. so first to get an operation for

regent was not enexpected i'm sure you're aware of the entertainment commission does not deny permits the code reads i'm going to paraphrase the entertainment commission shall grant a permit unless it finds the premises does not met the safety requirements in the state of california. i think this is one of the exhibit in there 0 building structure or the building can't contain the population they're going there's 6 reasons the commission can deny a place of entertainment. we get all the sign offices didn't meet any of the career so

mr. twong submitted the security plan along with support from businesses he passed all inspections which was stated in the zoning per planning code 22 f are the police department didn't obtain and no one came to the hearing no did we receive any oppositions they never received one complaint regarding regent nor on that street. so the excision had no reason to deny the application. mr. twong posted the poster and he posted for thirty days we posted on our website two days

prior to the agenda hearing and another 72 hours as requested. the appellant was asking for the predicaments application but the application was filled out in february we regret we failed to follow up on that but that's not code to deny an application. march 19 the day after the permit was continually grand it was approved name is by the entertainment commission i received a call claiming that mr. 210 west application prohibited the permit this was profane to be enaccurate and the appellant said there was many claims so following up with the

police station we couldn't find any police reporting for regent then he said it was inadequate we posted in our agenda and mr. twong posted for thirty days so we posted the local application. the march 15 anticipate 16 event mr. twong had a permit was not in violation he pulled a one-day permit so it wasn't going to take a police vehicle place under after st. patrick's day that's what i wanted to say the entertainment commission acted properly and we receptorly request you deny this appeal >> in your appraisal you have a

list of conditions. >> yes. >> is that the full stent of our permits. >> it's given a good neighbor policy 13 points of conditions and other conditions that included they amended the hours thursday, fridays saturday and earlier sunday until 12:30. the condition that relates to sound is fairly generic. >> is there something else that's a more extensive requirement is that incorporated by reference. >> so our good neighbor policy you're not supposed to hear the sound outside that's our blanket

coverage, however, we send a sound inspector ought to do a test we have not done that yet because the appeal sort of extended the permit we have not sent out our sound person. >> the condition is not you have to have the doors closed. >> if you look at the policy. >> it's separate. >> yeah. it's one of the parts of permits that we issue so you need to keep our doors closed during entertainment and. >> the hours granted were longer than were asked for . >> i believe - well in his application he said what his

peak times of entertainment but he want to go to 2:00 a.m. on weekend. >> it was part of his request. >> yes. >> okay. thank you. is there is there any public comment step forward please. whatever you want to speak. those of you who are next can line up on that side of the room >> i too live across the street from regent and it's a total nightmare anytime they have a party. it's not the noise that happens inside it's what happens outside it's a large route i didn't crowd that smokes they take the

smoke outside and take the party outside. a doorman can't control the situation and the result the next day there's cigarette butts and broken bottles on the street. the fact alone that regent has had late parties without an entertainment license speaks volumes of this establishment. regents should be reprimanded for this alone and should not be allocated a license for not following the rules they're not a neighborhood friendly establishment not like the other restaurant on the block. most of the restaurants are in the top one hundred restaurant in the city they serve good informed and don't rely on

liquor to keep their doors up. i lived in the ear for 20 years. that's a route i didn't countryside that likes to smoke cigarettes. i like my sleepy like to be productive the next day and when those parties occur it doesn't happen all because the owner wants to keep his doors open because he can't survive being a restaurant only. that's a crowd that does not respect the neighborhood they don't care and the owner doesn't care either so long as he's making a profit. thank you >> thank you. next speaker, please if you haven't already filled

out a speaker card it will help. >> good evening. i'm catherine i'm a resident of the apartment i've lived there for 23 years i live on the 22nd floor and my unit and bedroom face the statute street where the restaurant are and it's very amazing how far sound voices traffic 22 stories. the issue as i see it is not such what goes on inside but the issue the people that are coming out of the club at the late at the night 8 o'clock or 11:3012:30. they get in their cars and

receive the engines it's very, very disturbing my husband and i get up at 4 or 5 clock in the morning so people that are partying is outside our windows is at that time. the weekend saturday and sunday is not necessarily how people experience their time off so friday and saturday and sunday night are working nights for me. i want you to consider what it would be for you if you have someone outside our bedroom window three or four nights a week carrying onion you would appreciate it either. i'm speaking in protest of granting the permit

>> thank you. next speaker, please. >> i'm tony i'm a 22nd and a half year residents i want to pass along a few things the resident are newer. some of them don't have the historic remembrance of harvey denton's and the 'coz policemen cafe it's not what's going on not club the reconvene center has a pass through they can come out of the club and pass between the buildings i've been awe w5i7b8gd by 2:00 a.m. by people yelling and screaming and talking i don't face stuart street but it makes a big

difference as to its not the club it's not a question of what goes on in the club but when they leave we've been down this road before they there was other things when denton's come onto the statute street and someone was talking about other restaurant that is no bearing on strut street but it wouldn't have anything to do with stuart street. i'm not opposed to customers but on that street you have all restaurants that are closed by 10 o'clock and i do believe th