10 o'clock. >> thank you for waiting it is new 1003 good morning today is march 18, 2015, this is the regular meeting of building inspection commission once again turn off all electronic devises interest commissioner president mccarthy commissioner vice president mar commissioner mccray

commissioner melgar and commissioner walker commissioner clinch and commissioner lee are excused we have quorum and the next item on the agenda is president announcements. >> good morning, everybody. and thank you for coming to the march 18, 2015 meeting i have president short announcements yesterday a long day we're trying to get through this morning here thank you, commissioners i am or want to apologize in advance for miss prominence director duffy and mechanic review jane and william strong and others participated with supervisor katie tang planning staff and more than 60 local residents and town hall meeting there were many questions about the dbi permit and code enforcement and as well as temples required to legalize the in-law units and how to proceed with specific remolding

projects director huey is drafting an article with the focus on building inspection services and code enforcement due to insure the life safety elements and fire safeties it was timely particularly in the multiple alarm fires in the mission and the tenderloin neighborhoods deploying welcomed the opportunity to communicate with the owners of the apartment building and key action items that are owners be responsibility for the issues and the whole sprinkler systems we'll be talking about and kudos and thanks to the dbi staff celebrating the year of ram and the plan review staff attend and

code enforcement staff and others inspector ken and housing inspectors and dennis and others the dbi was busy with code quizzes and free smoke alarms with the new 10 year battery thank you for dbi they're participating in the annual project pole that the city high school interning program that is is an 8 week program the students are meridian from june to august 7th in the past is two years dbi has projects with the interims and have provide invaluable assistance to staff we're awaiting staff applications for all the dbi applications in the next few weeks to see who the interims

are so good luck with that program and finally once again asking the dbi staff and managers to nominate our quarterly one january and march employee of the quarter if you know of someone providing obviously professional services send our recommendations to the website and the nominations and in the late march with the winner in april 15th building inspection commission that mr. secretary clukz community colleges my presidents announcements. >> any questions seeing none, i'd like to calling your attention that item number 6 was an appeal for 1142 grer are a street we've been asked by the attorneys payroll the tenant has hired a new attorney and trying

to workout without coming before the commission so we would like to continue this if need be and not hear it today. >> if in objection we'll continue that to the table. >> okay. thank you item 67 will think continued. >> any public comment on this item? >> commissioner walker please. let's make sure that is continued to the next meeting. >> okay to the april meeting. >> just point of order are they requesting it. >> they were trying to work it out it may not have to be heard i'll contact them and is we need to know by april. >> thank you. >> if the attorney wants to clarify. >> thank you, commissioners ryan for the property owners we'll ask for the scheduling at the next hearing and try to

resolve things in the meantime. >> so if no objection we'll continue that item. >> item 3 is general public comment the bic will take public comment within the matters of jurisdiction not part of the agenda. >> is there any public comment? on items not on the agenda seeing item 4 item 4 is a continued item also from the last meeting discussion and possible action for the proposed ordinance to the board of supervisors file number 141298 amending the building miff code to have antagonizes for exterior noise and field testing in some circumstances in

addition to other requirements and regulations do we have someone from the supervisors office yes. >> good morning connor legislative aid to board president london breed i'll try to be brief and give you a little bit of the background. >> what it does and how it impacts the building inspection so by way of background supervisor breed starting to look at this issue because of the venue on divisadero called the have understood a night life venue in the neighborhood and facing the prospective the rad major building being converted into condominiums on the side and back they were concerned and supervisor breed was concerned the new neighbors in others retains might complain and put the tenant in a position to do

additional sound tests or cease to have live music so supervisor breed wanted to look at how we accommodate the arrange growth near the night life venues particularly in neighbors neighborhoods there not residents we see residents in the south of market that were previously nor commercial and light industrial we've got to be able to accommodate about uses just to put a finer point on this we've seen in the last couple of years a large number of popular night life venues guest of businesslike club kokomo and the sound factory the bottom of the hill is facing pressure from the nearby development and the lexington club my close and looking at the elbow room in upper market so

this is important not only socially and culture by thely but collectively our night life is an important part of what makes san francisco san francisco and bring 16 million customers in every year and $800 million dollars in steven e spending and according to the controller's office 43 percent of other residents in bay area come to san francisco do so to visit a bar or theatre 43 percent so we wanted to find a way to allow those two uses to co-exist as the city expand its profile we sat down with developers and including your president thank you commissioner president mccarthy the police department and the department of public health and planning and dbi the entertainment commission and van hot ton and the result of those communications and meetings and many city attorney

hours is the legislation you see before you let me briefing walk through this from a high-level for the most part on the front end when a project is done within 3 hundred feet of a entertainment place the place of entertainment will be notified of a pending interest to develop near the venue the entertainment commission will hold a hearing on the development and it's relationship to the venue and that's not a hearing for the pirpsz of determining building standards or issuing the permits that's innovate the building inspection expertise their area of expertise getting the venues and neighbors to avoid conflict they'll be holding a hearing with the developer how can we co-exist and our hours are okay

with the neighbors and the patrons won't be wandering outside the venue those are issues everyday that's the purpose of that hearing the second major component of the legislation if a venue is operating within the terms of the permit the city has issued it can't be deemed a legal nuisance we want the terms that businesses are abiding by the city has an responsibility to live up to the bargain and third potentially the most important part of the legislation if there's residential development within 3 hundred feet of an existing venue whether a purchaser or tenant they'll be notified by the seller there is a tenant nearby that's before the tenant or purchaser moves in we see a lot of examples with the entertainment commission deals with people that vista

condo they buy t and fingerprint suddenly they're calling the police department to do everything to impact that venue and shut it down we want to avoid that and make sure that people know what they're getting into before they rent a home and specifically with the building inspection you'll see on the front end of the legislation building codes 4074 through 9 this language we didn't create it is adapt from the state codes and moved it into the local codes that deals with the allowable sound codes and how the sound map impacts the loushlg sound limits and the nature of field testing the standards that will be implemented to consultation the field testing this is not our

baby i zigzagged discussed it at length with the code committee they asked for an outside consultant a so we did that and just so that i know we followed through an their recommendation he heard back if mr. sullivan terse office that says the laungsz is standard so i'll present that language is not our baby it's incorporated from the state code so, please don't ask me dmraltd questions about it that's the high-level of documentation so ultimately the objective to start the communication early we want to protect the venues and make sure that people are happy in their homes as the city goes about creating thousands and thousands of residential unit we have to protect the reason why people

want to live here in the friend the culture and the night life that go legislation is an important stvm so i want to thank the broad coalition including the culture music and your code advisory committee and the small business commission supported it last week and supervisor wiener signed on as an early co-that signer and ben the who is affiliated and owns several bars in the city set up an online petition that shall say over 29 hundred signatures and last time the entertainment commission advocated for it we're doing a road show this week i'm grateful and on behalf of supervisor breed ask for your

support. >> thank you. i have a few questions. >> commissioner vice president mar. >> i want to thank the supervisors office for putting this legislation forward i was involved in some of the problems specifically with the slims night club they had a lot of complaints after the new condos were up they've been there in many, many years this is much needed legislation you guys have done a great job including our advisory committee it is something we have to deal with people are buying condos and you talk about someone visiting on tuesday they'll buy is site unseen bra the condo is built

online or something i don't know how they do that and they move in and does understand the history of the neighborhood. >> commissioner walker please. yeah. thank you and thank the supervisor many of us have been involved south of market and 11th street we've already lost so many of our entertainment venues so this is really an important step so what about existing buildings i mean my understanding is that most that came around 11th street have an n s r on their title but there are still has been complaints lodged go is there any third degree that specifically deals are existing buildings in this location. >> that's a great question commissioner we originally defined the tophic for narrowly

after the place of entertainment has been in operation for 12 months as we worked through the process we wanted to broaden that they should follow the same processes so the legislation you'll see provides that no nuisance provision after 2005 but let's go back 10 years the building standards have been robust and they should accommodate places like this and yeah. >> commissioner. >> yeah. i'm looking section 11610 and those related that deal with no private right or action against the city. >> uh-huh and what raises only through the planning department will there be any oversight on the part of the city in this process is that how we plug in as a city and then dbi how do we

do we have regulatory oversight of this or just all personal initiative private initiative. >> there are a variety of steps in the process commissioner, i think that one of the ways that dbi will be involved early 0 open you'll be receiving represents after they hold their hearing to remedies a thicker window or ventilation so this committee will review those specifically address any issues that are relevant to the project in terms of down the line when thation process takes place that's a public document that the owner or the landowner has to sign an affidavit and at any time the venue or entertainment commission w can request one, if not an

enforcement process for that. >> i was thinking down the road at this point everyone is on board and understands 10 years down the road enforcement becomes an issue. >> which element of the enforcement. >> making sure the the existing entertainment is still within the guidelines that the nogs notice of special restrictions are in place and understood by the community that's down the road who keeps working on and assuring harmony. >> you'll notice the lovely jocelyn cane has been working with us from day one ultimately your question is spot on and the onerous is on here it's an opportunity this really helps them to exercise in their mandate to oversee it and see

that remains as strong as it is mr. johnson thank you, again, for the presentation this morning so in the spirit of what you're doing dbi has not objection but as the commission here the unat the end consequences trying to get to the bottom of and i know as a bar owner once upon a time, i ever had one in the city i enjoyed that business at this time we had an entertainment license it was a consist going on basis people move forward in and out of the neighborhood your revisiting and someone who new to your point earlier has moved in and has an objection this legislation captures that it is the second piece of the legislation that captures that

lets talk about the sound i know i have not immediately talked about that i understand your restricted not in the business of trying to figure out what the sound is if you have a builder and neighborhood working together and no consensus on the achievement what happens in this case is that used as for lack of a better term to appeal the project to slow down the project there can't be coincidence on the sound protection in the immediate area. >> that's a good question there are legal standards in place already to the state code and now if this passes the local code says that the local resident a can't average above so many d b only 8 decimals

above about ambient that guides the conversation and where the entertainment commission compressors they oversight in the nuance of how do we deal with patrons that are leaving the venue this is something we can't codify this is a function of a regulatory body like the entertainment commission to exercise this consideration on a case by case basis. >> right more to the point if you have a development who are pretty much you know they do like assigned reports and the fcc rating is not good enough it you'll depends on who you're talking about when it comes to sound some people are sensitive and some people can live near the freeway if i'm a buildinger developer you said okay. the windows need to be thicker those

are all really added costs that have no really measure as to how we do this how we get driver's license i'm a little bit concerned about the for a second that okay. you've got to sound proof our building and if you don't meet that criteria to accept this project we're going to uphold this you're not making an effort to sound proof the building i'm a little bit gray you say statewide those manufacturer are in place but i am trying to fought is there a mechanism in gear that says you can't appeal a project if you meet all the boxes as far as entertainment and who's the you in that scenario. >> let's say the builder. >> the builder wants to starter his project but the neighborhood is not happy they don't do a

good job sound proofing they're building. >> that's a right eir periodic of whether or not this passes the entertainment commission hearing like i mentioned is not an official approval it is only communication when the sound like map shows over 60 decimals anyone else what appeal like our appeals in san francisco i don't know if you're legislation impacts that but i hope that prevents that from happening to start on the front end to prevent it but not changing the possibility of an appeal per say. >> i agree with you this is -

it has to meet the criteria of the neighborhood regarding the sound like levels. >> they'll have to meet the standards either way. >> i agree but the legislation cements this as a box it needs to be ticked off i don't recall ever a project being appealed because you know they're not happy with the sound like report you know you understand what i'm saying if i'm a neighbor i think 60 is not good enough i'll appeal the project because i think we can do better this legislation is a possible tool that will used against the building basis they're not doing a good enough job to meet the requirements. >> yeah. commissioner walker. >> i think that's the point. >> yeah. >> when this is being put in a neighborhood there where there's

this kind of activity yes. >> i'm probably making the argument the only consequences i want to vest before we approve anything as commissioner walker and i someone in the neighborhood it was a notice of special restriction and in the - the project was finished you know the project was built you know and in your way you have no restriction you wrote it into the hoa restriction i know recommended that should be done as well that's good but you could not appeal the project i'm taking a talking about as a starting. >> well, you could the question whether anyone licenses on the planning commission but why this is important and necessary is that it does at the end to get ignored unless it's spelled out and specific and that's the

point when residential goes into those areas it's established entertainment venues that's a appropriate it's right so it's not onerous or unreasonable to make that a point that's appealable it is always appealable but whether or not it rose to that i think that the supervisor is responding to the public and the concern about those venues being harassed especially they're there and new residential comes in and so-called they're a nuisance when we've asked those business this industry we want to support it so, i mean this is a good thing everybody knows the rules and there's opportunity to

figure out. >> i know i support it to our point commissioner walker in the entertainment commission doesn't support the development does that have any impact in terms of not to support it that goes to planning - i see another hurdle had a needed to be matched i get it and support it but at the end of the day i really want to see and hear once you meet a certain s t c rating that's acceptable to everybody regardless of how you feel about it and the sound test and report is done then really the project can't really be held up based on that and unfortunately didn't clearly point out that here it says you

have to meet the standards city standards right and so why didn't you put that in there when you meet the city standards it's fine. >> we don't have the authority to recycle someone's right to appeal and essentially this exists i think to our previous question what's that. >> codi codify. >> to your previous question we're not changing the legal rights of restriction either the community or developer those are essentially staying the same we're restraining order trying to approach that on the front end if people are more cognizant of whether or not this is appropriate for the neighborhood frankly so be it that's the objective to make sure we're having