through whatever issues the project might have or -- and/or do additional consultation, we can come back and recalendar it with whatever iteration comes forward in the future. that way we're not locked into a specific date -- >> is there even an advantage to continuing this if >> it probably leaves options open to the upon sort to help revise the project and/or keep his application open if need be. that is the only advantage. >> commissioner johnson? >> yeah. i would say that i concur with commissioner mooser on having it be a more deaf policy discussion as we look at dense fiing the city. this kind of stuff is going to come up. but it is helpful to not talk about in the abstract and the specific. that's where the rubber hits the road in this stuff. i don't think this is going to come back -- while i agree with commissioner hillis, but i

think that having an open application is better than having no application and although it will come back to us as something completely different, or some other way of overriding our zoning code to do the thing that we sort of, you know, without the bureaucratic wording of our codes would want to see happen. i think it is easier to do that when you have an application penting that you are working on versus starting from square zero, nothing. >> commissioner moore? >> i'm concerned about the psychology of people affected by it. when we put these things into indefinite continuance behind the scenes, things happen. right or wrong. which totally comes out of the limelight of those who will be affected by it and i'm concerned that for that reason. i do not want to create ambiguity and uncertainty relive to what it could potentially do to the affected parties who are speaking in front of us, particularly

because the issue was rent control and potentially b.m.r. completely unanswered in this particular case. that is of grave concern for me and because of that reason, i'm trending more toward denying the project. and let it then come forward and there is nothing wrong about the ideas, the architect has developed but the consequences that are heavily weighing on us and it is our responsibility towards those who are seriously affected and their own ability to live there is really of greater concern to me at the moment. >> commissioner johnson? >> i can definitely see that and would be supportive of that. one thing i would say, though, in just talking about some of the other big questions on rent control and b.m.r., we had someone two hearings ago on this, or maybe i spoke to them prattly. i'm sorry if my memory is fading me. but it's my understanding that if we can get through a world where they don't have to touch that existing building, it is

still under rent control. the whole issue of rent control going to b.m.r. is essentially making them like new units. staff knows that as well. but i remember talking to o.c.d. about that, either in a hearing or maybe outside the room. >> there a motion? we have a motion, but it is not seconded. we either need to second that or need to have another motion. commissioner moore, you were leaning towards taking action -- >> what is in front of us? >> a motion for indefinite continuance. >> yeah. and i was not -- >> do you have an alternate motion? >> i'm going with the motion that is on our continuance calendar and that is denial. >> and i second that. >> it also supports to the architect and sponsor projects and the neighbor, i support a project here. we need to figure out a way to do it on that second lot without the kind of code gymnastics surrounding the unit

count on the organize fall lot. >> very good, commissioners. theres a motion that has been seconded then. to disapprove this initial use authorization request. on that motion -- [roll call] so move, commissioners. that motion passes unanimously 6-0. commissioner, that will place us on item 12 for case 644 broadway street. this is informational update. >> thank you. good afternoon. president, commissioners and department staff. the item before you today is an informational check-in hearing in regard to the conditional use authorization for boxcar theater at 644 broadway. this is the second such check-in hearing for this project. the subject building has its primary frontage along broadway with a small secondary frontage

at rexroth place at the rear which i'll generally refer to as "the alley." there a total of seven residential units that have their sbr*i and only street access along the alley as well. the theater is located at the basement level of the subject building and under the authorized conditions of approval, the theater use would be permitted to use the rear facing alley for patron entry into the theater until 8:30 p.m. late arrivals exit from the theater into the alley and smoking by patrons were prohibited under the approved conditions. at the last hering it appeared as those boxcar theater was making strong efforts to operate within conditions of approval a. however, alley residents were upset and frustrated by the overall use of the alley, particularly by construction crews and other tenants of 644 broadway. the commission had requested another informational check-in hearing in order to better evaluate boxcar's actions and compliance directly. since that last hearing, staff has received minimal comments and communication from the alley residents until a hearing

reminder was sen out recently. those comments appear in your informational packet today. from the responses that staff has received, paoedly leading up to this hearing, it is very clear that the alley residents still have significant concerns and frustrations with the overall use of the alley. however, there is very little comment directly associated with or pointing to boxcar theater actions specifically as an operator. and some have even indicated that they would be fine with maintaining boxcar's current restrictions. staff is not aware of any complaints or issues with the theater that have been filed with the district supervisor's office or police and on the whole, staff finds the boxcar has made strong efforts to abide by their stated conditions of approval and foster a positive relationship with alley residents. the concern and frustrations appear to stem fot from boxcar theater directly but wrather from the cumulative and overall use in the alley by others in the vicinity.

staff acknowledges these concerns. however, today's hearing is specifically intended to evaluates boxcar theater's actions in relation to the can'ts of approval for which staff finds to be in compliance. as a reminder to the commission, today's item is informational only. if the commission wishes to take further action either to amend, add or rescind, another hearing must be scheduled and dully noticed for that to occur. and lastly unless commission wishs to request any additional hearings on this matter, this will be the final check-in on boxcar theater. that concludes my presentation. >> thank you, mr. perry. project sponsor, you have five minutes. >> >> good afternoon. i'm one of the producing partners of speak easy, which is produced by boxcar theater at 644 broadway. i'd like to take a moment and share with you some of boxcar's impact on the community. during a time in which rising costs are making the city rather unaffordable for artists and forcing many to move away,

i'm proud to say that last year boxcar paid more than $1.2 million to 228 theater artists, including a, tos, musicians, directors and designers. we've also paid close to $1 million to 144 theater workers including stage managers, set builders, wardrobe staff, box office building and ushers. we created 120 new permanent jobs right here in san francisco. the speak easy has hosted more than 28,000 audience members, both local and tourist. many of whom you can see lining the nearby restaurants. we created partnerships with central station, chubby noodle, broadway cafe and cafe tries to name a few. we participated in community events like the north beach festival, san francisco pride parade, given away hundreds of tickets to support fundraising auctions for local nonprofits in the community and i

personally directed the holiday tree lighting that was across the street two weeks ago. we spend hundreds of dlafrs every week at the broadway hardware, new grand enklaoers, cole hardware and other local neighborhood businesses. in short, boxcar has proven to be an integral part of the san francisco business and cultural landscape which helps to define this amazing and very unique city. we've been asked from time to time if boxcar needs the alley for its use. and from an operations point of view, i can tell you with all certainty that we do. we load 250 patrons in to the venue within a 30-minute window. we want to get seed and having a good time as soon as possible. it's challenging with the three entrances that we currently use and would be impossible with only two. so i've made many efforts to work with the few residents whose residing alley. i met with a resident to discuss their collective concerns. he's told me that he is in support of boxcar's full and

unconditional use of the alley. and we worked to maintain a safe, clean and noise-free alley. so as long as boxcar has fair use of this public alley, our interests will, of course, remain aligned. in addition, the planning department has derp tad we're operating in full compliance with the conditions of the c.u. some residents of rexroth lane will present a litany of complaints, none of which pertain to boxcar theater. their concerns are directed toward other businesses, mainly china live, another tenant of 644 broadway. they also use the alley as an entrance for their eight tables restaurant. and they do not require c.u. and i think some of residents are confused about this fact. we've also reviewed the submitted photos and were able to determine it was not our patrons in the images, nor any of our actors or staff shown smoking or using the alley in any prohibitive way. the stark reality is that north beach is a bustling neighborhood full of energy and

around-the-clock activity. it's certainly not the quietest neighborhood and columbus and vallejo is a rather busy intersection. it's the very definition of city living. prior to the re-opening of 644 broadway and cole harbor moving in, the alley residents must have enjoyed the soundlessness that empty businesses afforded them. i would hope that they could see the benefits of businesses bring enough benefits to outweigh the drawbacks. together we brought a much kneed resurge end ofs of vitality to this part of the neighborhood. we see no legitimate reason for boxcar's use of this public alley to be limited at all or to have conditions imposed upon us that do not pertain to any of the businesses of the neighboring businesses. in fact, we hope that this egregious limitation will be removed all together. in the meantime, we will continue being good neighbors and having a positive impact upon the north beach community. i want to thank you for the opportunity to speak today and

of course i remain available for any questions you may have. >> thank you. let's open this up for public comment. i have in my speaker cards, i'll call your name. if i call your name, you can line up on the screen side of the room and speak in any order. trista, eric, la intersection, christopher, trity and zuatang. >> go ahead. >> hi, commissioner. [bell ringing] >> sorry. >> first i wanted to ask you if every day have custom, you know, how do you feel especially at night.

so, that's my first question. this is not a [inaudible] since they stop this. if so, we should have, you know, [inaudible] from broadway. since they own a business in the beginning they request the key from [inaudible] for construction delivery. and now they have, you know, opened a new [inaudible] as a man enters from the area [inaudible] and using the area

24/7 all day in and out and at midnight, 1:00, 2:00, 3:00. we install a camera about that. so, from the camera, i have a picture here. here you can see lots of friday, thursday and yesterday -- last night i took the picture also. 11:30. still have people in and out, parties, smoking in the alley. we have video. we can show it to you. ok? so we installed video just for them. they say we lie. so, every day something. we want them to have good business, but it is not

[inaudible]. we couldn't stay up all night, every day same thing. you know, before we installed the [inaudible] to protect the homeless, but right now we make [inaudible] there's homeless occupy the area. they do whatever they want to do. considering the au. two years ago, all residential sell the house and move. but right now there is another new owner showing the house. last time -- remember last time coming here speaking, they're showing the house now. >> thank you, ma'am. your time is up. >> ok. thank you. >> thank you very much. next eke spaoer, please. >> so if you need to show it to you, i can give it to you. >> you should give that to mr.

perry. so we have it. next speaker, please. >> good afternoon, commissioner. thank you for taking the time. for the past 10 years, we had replaced the lock once. since 644 broadway ownership took over, we had to replace or repair three times already in the past two years, the front gate. they never gave us a notice. they just went out and changed the lock and converted to a panic stop lock assembly. without telling anybody. that same time, we had people can't leave or enter from the front gate. they had to use -- some of them had to use cole's hardware rear exit just to get the street access. we didn't even get keys made from them after they changed the lock two days later. my wife had to show them the flaw that they did to the gate.

so they had to modify it to add a panel so nobody could just put their hand through and open the gate without the keys. and the most important part with this debacle is they never told us if they replaced the existing key with a new key so the san francisco fire department could have access to the gate in case of emergencies. lately they've been leaving the gate open at night. and anybody could go in and out of the alley. which is not good. for our safety and everybody else's safety. the gate -- i mean, late at night, they're constant, loud, banging from the gate. people, conversations, walking in and reeving from that property. and i really don't want to be the one to find out if it is coming from boxcar or china live. it really does not matter.

it's coming from 644 broadway and that is their address. they should not be using the back alley the way it is. i appreciate them having a business like everybody else in san francisco. they just want to make a pretty dollar. but they're acting like kids. lay down the rules and they don't follow it. they change the locks whenever they feel like it. they do whatever they want. the alley is not ours anymore. it's theirs. that is what it feels like and i do not appreciate it. i'm glad they're making money. they're contributing to the city. but they're -- they're just not communicating with us. i mean, all i really want is a little peace and quiet at night. so i prefer them not to use the alley at all. thank you for your time. >> thank you. next eke spaoer, please. -- next speaker, please. >> good afternoon, commissioners.

my name is christopher, y u. i live in one tracy place and i recommend the property of one through five of rexroth or tracy place as we call it. what i'm concerned is the business that falls under 644 broadway. many times, i have tried -- you know, i'm going home and a normal day and suddenly upon entrancing the gate, i'm obstructed by escorts or bouncers or whatever you can call them. and they would question if i'm trying to enter and i tell them i'm just trying to go home. and there is no reason for you to obstruct my path, stopping me from going home. i'm just saying i live here. and i really don't need to tell them every time that i live here. and i'm just trying to get home. that is one of concerns.

another one that would pertain to our property is that there are many different woodworks that has been going on in the past year or so. and many times there are saw dust and different material residues that are left behind and it is usually splashed along the walls of our property and we find that extremely disgusting. we hope they can fix the -- adjust that issue. we don't know who that would fall under, where it is china live or boxcars since there seems to be so many different businesses that is going in there. and occasionally i believe they do send out e-mails in advance notifying the work that will be done ahead of time. but what good does that do when they don't clean up after themselves afterwards. you know?

another concern would be smoking. that's just gross in general. they have streets that they can take their breaks out there. they probably even have a big break room in there to begin with. i don't see why they would take their breaks outside in front of our building. that is all i have. thank you. >> thank you. next speaker, please. >> i have some photographs. i only have one set. i didn't make copies. hi, i'm a resident of 15 rexroh. my name is lon mcnulty. i'm here to talk, i guess, the bigger picture of 644 broadway. the owners of the property.

they have taken advantage of, i guess, the allowance of boxcar theater, they are using the alley and now they have expanded that to china live using the alley and they also added a restaurant and use that as an entrance to the restaurant. and the alley is not meant to be an entrance for that type of business. so they have an 8 1/2 x11 piece of paper on a gate to notify the entrance to their restaurant and the gate is not handicap accessible. it is not -- it is not for public use. it's for security and all that. currently the gate, you know, requires excessive -- more than

five pounds of pulled force to open it. so, that is not accessible. the entrance to the restaurant -- the alleyway drops down from the gate to the back entrance of 644 and by approximately about two feet or more and then once you get to 644, there is a big drop and a little -- i call it a service ramp that is not handicap accessible ramp. and so the restaurant is -- to us, they are operateinging and not legally because it's -- you know, for a public restaurant,

their patrons are not -- or some of their patrons are not able to use it. and also the restaurant is located on the second level of the building. so, anyway, if they wanted to use the restaurant, they should use 644 entrance on broadway street and let their customers come in and, you know, there's -- but right now they're adding additional traffic to the alley. >> thank you, sir. appreciate it. next eke spaoer, please. -- next speaker, please. >> good afternoon, commissioner. i'm a resident of 19 kenneth rexroth. i just want to let you know my

life has been impacted since the additions that you made last year. so far i have the same feeling as the other residents have that this is the alley not for the residents in here but for 644 broadway street that times i go home, i feel like an outsider. when i'm going home, i see [inaudible] and they ask me who i am and why i have to go in. another thing was last year that i have night school. i won't get home until 11:00 and i see people coming in and out and people smoking and slamming doors. i know since the last agreement that we made last year, that none -- no patron or staff from 644 should be using the alley

after 8:30, smoking or using it as exits. we found out that a lot of people are in the alleys using it to smoke or to use it after even after 11:00 or 12:00 midnight. and i have some video to show you guys that i recorded after midnight. [please stand by]

>> you also see a lot of people smoking and talking while we're sleeping and can see here. >> this is also after midnight. and we also have some -- >> thank you. thank you for your testimony.

next speaker, please. >> i'm a resident and i've lived there for 15 years. living there is not safe anymore.

[speaking foreign language] >> the rear entrance is not safe. [speaking foreign language] >> i've been living in the area for 15 years. after -- i don't feel the alley is safe anymore. i see a lot of strangers coming

in. [speaking foreign language] >> since 644 has been using the alley entrance, it created a lot of problems. there's a lot of strangers coming in. i understand they are supposed to stop using the alley after 8:30, but people are using it after 8:30, even 12:00. >> thank you very much. >> good afternoon, commissioners.

>> i'm living at 5. [speaking foreign language] >> actually, i do not know how many businesses they have operating there. they've never notified us about any kind of businesses that are ongoing there. but i know that there's a lot of outside people coming in and out of the facility. they said that if somebody is watching and is going to be safe. but i am really scared if somebody is standing outside of my door.

one evening at 9:00, somebody looked into our house from the outside. and we were just coming home and he said that he has no intention, but we're not sure about that. a lot of people walking outside in the forest to close my windows. because our house is on street level. closing the windows is making our house very humid, very uncomfortable. so i have to use the air-conditioning unit in our house.

and it doubled our electrical bill over the last few months. i know that number 11, they're shutting the house. if i'm able to rent a house outside, i would be doing that also. in any case, i feel very unsafe right now. thank you. >> thank you. next speaker, please. >> hi. i'm cindy machado, the property manager for 644 broadway. and i would just like to say

that we are very concerned about the impact on the tenants. r rexroth alley is a public street, according to the department of public works. a gate, which we want to keep, was put up to keep homeless and drug dealing out of the alley, for the safety of everyone. and we definitely want to keep the gate. so i hope that the tenants there that are residential don't think that we're trying to get rid of the gate, because we're not. our loading dock for the restaurant, china live, is at the end of that' alley. out of a courtesy to the tenants, we don't let the delivery go there. or if something needs to be, we

make the deliveryperson stay with the truck and notify the tenants at least 24 hours ahead. the tenants have my phone number and email. and trista also helps out with the tenants that don't speak english. so we are very interested in maintaining a safe environment back in the alley and most of the complaints have not been from boxcar, and a lot of it was due to the massive construction project we have going on inside the building and that's now over. it should be returned to a much more peaceful condition now. thank you. >> thank you. next speaker, please. >> hello. my name is chris white. i'm one of the owners of the building. i just wanted to speak because a lot of what i heard has nothing to do with boxcar in the sense that some of the folks i've seen

in the pictures and people that use that alley are not boxcar. we're here about boxcar. and nick, who already spoke, constantly calls and emails me about security and noise and to make sure that the gate's working. you know, and i just want to remind everybody here that boxcar has been doing a very good job. some of the problems we've had in the past with the alley, we had a project. it's 40,000 square feet, construction on four floors and a basement, so five floors. a lot of the folks, cindy's been working with, to make sure they gave notice to the tenants. cole hardware moved in. they open it up and go back and forth all day long. we wanted to fix the gate and

make it quieter and we've been working with the city to do that. the fire department has asked us, is there a certain way to do it -- >> thank you, sir. any additional public comment? seeing none. we'll close public comment. commissioner fong? >> commissioner fong: what is the action in front of us? >> there is no action today, commissioner fong. it's an informational update at the request of the commission. to take an action, you would have to have the staff renotice and bring it back as an action item. >> commissioner fong: it was a conditional use permit that can be suspended -- >> that's right. you imposed specific conditions to try to mitigate the impact to the neighbors and in order to

modify the conditions, revoke or suspend the authorization, you would have to schedule a separate hearing. >> commissioner fong: hearing this reminds me of the hearing -- i don't know if you remember this, but i was pretty adamant about keeping this alley primarily for the residents, even though it's a service alley. that gate was installed for security reasons and also for the back of china live to be serviced. but the alley is unique and that gate, i happen to know because i've been through it a couple of times, it's a noisy, clanky gate, and it could be a result of the hardware itself. i'm not sure. open the last hearing, i remember being vocal about the majority of the usage for boxcar and for china live to be on broadway street, where it's appropriate for that usage.

and, if anything, using the alley for the entry, loading, but not the exiting. and it runs consistent with some of the concerns from the neighbors about the majority of the noise being post-show. i happened to have been in front of boxcar when you guys were just before preshow, i think it was. very cool atmosphere, everyone is in garb and excited. that's the most important word, so there is noise and buzz with that excitement, which i think is a good thing, but probably broadway is a better place to hold that pre and post-show. i'm not sure what we want to do. i think we did deliberately have this check-back hearing for this, anticipating, hoping not to have this reaction, but i think our fears came back to reality and we're faced with this right now.

so those are my comments. >> commissioner moore: we've been supportive to having the theater there and having it peacefully co-exists with the neighbors. and, yes, we have been getting good updates. however, i find this particular update not fully substantiated to only point the finger at boxcar. there seem to be other circumstances. to tell you the truth, for the last 8 months, coming down broadway in the middle of streetscape improve, sidewalk has been ripped off, repaving and improvement to columbus and broad way, you couldn't have a more chaotic, noisy, and disconcerting set of changes all at once. so i would prefer that things settle down a little bit, but that the attention is also

placed on others who are part e partaking in the use and not just take it out on boxcar on its own. i would like to ask that this thing comes back perhaps after we have a little more closure on some of the broadway and intersection improvements and look at it with fresh eyes then. i believe that everybody is trying. sometimes trying is not enough. we need a more quiet opener. i think that's clear. we also have those problems in our own homes when newly installed gates close too loudly because there is not enough retention mechanism. so i would like to see a number of things, but i'm not prepared yet to let go of having the operations cease. >> commissioner fong: what is the capacity of boxcar? attendance capacity. >> please come speak in the mike.

and is anyone here from china live? >> i don't think so. it's not their hearing. 250. >> commissioner fong: are there double shows? >> no. 7:30 and out by 11:15. no one is using the alley at midnight. china live, however, is open. that's their only entrance. the sign they're referring to on the gate is for eight tables. i share a lot of the concerns that the residents hatch about the gate being open. >> commissioner fong: i know it's your hearing and not china live's. what is the capacity of china live? >> i don't know that answer. >> china live is 30,000-square-foot -- there are eight tables. one seating. i don't know if they have a second seating. >> commissioner fong: thank you. my point is, it's a very vast

ratio difference between the capacity of boxcar and china live. they're only using that'll way. china live is using its front door on broadway. so it's an electric, boutique, small restaurant, using the alley. >> we have all of our patrons exit on broadway. >> commissioner fong: i want to make sure there's a big difference between the two. i don't think we should just let it drop. i would like to have another hearing. i would like to also put out there, that would believe we should be afraid to revoke the permit if the next hearing we come back in, we're getting the same report and there's no improvement whatsoever. i don't see how else we can approach that.

>> commissioner moore: i think you are suggesting what i'm saying. i think it would have to be a report, though, on the full activities of the alley and either in the meantime asking for further cooperation between china live and the theater or whatever. ultimately, we all have to get along with each other. doesn't matter. i'm noolt here to pitch one against the other. 5 like a successful operation of the alley for everybody and everybody's participating in the alley. and that may include even the hardware store. i don't know. it's ultimately a joined effort for anybody that uses the alley to make sure that the residents are not encumbered or bothered by any operation. >> i agree. may i say one thing? i have no control over the businesses in 644. i'm not their landlord. i control my business and we've

been in full compliance of the c.u. there will be an issue, but it's not from me. i've tried to be an ambassador between the residents and the other businesses because it affects me. whatever decision you make will not affect china live. there's no skin in the game for them to change their behavior or cole hardware or the other businesses, but we can try. >> and i think that the commission can ask that staff broaden the conversation and report to us in the larger setting of the street performance and how residents and businesses are affected by the common use of this alley. >> commissioner johnson: you can have a seat. thank you. i understand there's a confluence of a lot of things. pedestrian activity unrelated to the business. the business itself. china live. i would want to make sure, echoing commissioner moore, that we're intensifying.

it's that our decision has intensified some of the activity that was there because it's a business and the gates are open, where otherwise they might not have been. i remember from the first hearing that the purpose for that is that it was a speak easy, theater type of deal, so that was the ambience to have that entrance there and we went back and forth on whether or not that was -- we wanted to have a land use change dedicated to making sure they have that use. so i still appreciate that, but if it resulted in intensification for people and we're seeing video evidence and some fears have been realized, we may need to do that. i would suggest that the commission that we really become more decisive on these things. so if we feel like there's an issue that's been intensified by this business, not only this

business but part of it, we schedule revocation hearings. if that's what we think needs to happen, it should not be, we gather more evidence and have staff make a recommendation about if our concerns are being fou found. we either like them and want them to happen or we don't. >> commissioner melger: so i'm a little bit confused about the gate. so this is a public street, but there is a gate. and this was supposed to allow for opening up the gate for the business? >> to address the c.u., box car

needed conditional use for two reasons the last space was a movie theater. the movie theater had not been in use since the '90s. it was vacant after that. the other thing that boxcar needed a c.u. was to be able to serve alcohol during performance and operate as bar. if future tenants were tom cease operation, the operation for a bar use would also go away. it's no longer just a stand-alone bar. to clarify, however, the prior 10 and the of the building was primarily gold mountain restaurant. that restaurant was already in existence. china live now coming in is a continuation of that existing restaurant use. there was no conditional use

authorization for china live. that restaurant use was in existence prior to when the chinatown zoning controls took place and when conditional use hearing would have been required. i would need to defer to the city attorney whether the commission could retroactively apply any conditions to china live's operation. to your question, the gate, the history of the gate, is murky, at best. to my knowledge, i've not seen any permitting history or any hearings in front of planning or the planning commission with regard to the gate. i've been forwarded emails from dpw indicating that they considered the alley to be a public right-of-way but unmaintained street. for costs for maintenance are the responsibility of adjoining property owners. the gate as to when it was

installed, by whom, how it was permitted, unclear. >> commissioner melger: thank you. >> so the gate's used -- boxcar uses that entry for loading in patrons? >> boxcar uses three entries, two along broadway and the rear entry until 8:30. all of their patrons exit the broadway side. >> is there a condition in the c.u.? >> yes. >> only used for entering and not exiting? >> correct. >> and we can take -- we may modify that conditional use. >> if we have a hearing.

>> and i think there's concern about what is going on in the alley, but it's hard for me to pinpoint where things are. so i'm ameanable to hearing this again and accompanied with our ability to take some action and modification of c.u. if notice. it would be good -- it sounds like there are other things contributing to this more than boxcar and, you know, getting with the entertainment commission in the supervisor's office and trying to figure out some better ways this operates including the gate and how it operates. so i think it's hard for us to take action, but we should hear it again and potentially take action. >> commissioner moore: i would suggest to contact supervisor peskin's office. if i recollect, it was installed before boxcar was here because

of safety of the alley and because it's not a supervised street. i think since there were commitments made to residents, we need to check with a supervisor and perhaps run by him some of the questions we're raising. it's a very neighborhood-focused issue with commitments made by the supervisor on livability at a different point in time. >> commissioner koppel: question for staff. i understand the rear entrance is used for and during the beginning of the performance and exiting through the front exit. what about during the show, if people are in and out, leaving for a smoke break or something. are they directed to the rear or

front? >> the conditional would have allowed only for patron end -- entry. so if they wanted to smoke, it would be on broadway. i believe there is security at that door. they could probably speak better to this. they had relayed information to me that there are occasions where you have a drunk and potentially belligerent patron hell bent on leaving the venue, so there are certainly instances where somebody has proceeded to exit through the alley, but by in large, they have security staff stationed there to direct people out the front. >> it sounds like there's a notion of having another hearing in 6 months and starting to see the potential that we could act on a c.u. if need be, it would

be more than informational? >> okay. how is that going to work? so make a motion to hear the item again in 6 months with the possible revocation of the existing permit or modification of the existing permit, asking staff to work with the project sponsor, its neighbors, and check with the supervisor, who i believe is the current supervisor, when that gate was installed, to see its history and desired use of that installation. >> is that's a motion? >> second. >> i don't think this is an item to be motioned on. the city attorney is not here to advise us on it. >> i think you can make a motion

and adopt a motion to schedule another hearing. that's a procedural matter. >> we're calendaring this item, which i don't think we necessarily need a motion but it's good to get the commission's intent. to calendar and broaden it to have the conditions of approval back before us. >> i personally need more evidence before i even support a motion like that, because i believe we've heard he said-she said. i don't think there was enough substantive information to pinpoint on any particular thing. >> let me ask commissioner fong's intent? > commissioner fong: informational, but action could be taken if things are not any better. so 6 months to improve the situation. >> i believe if any revocation would be considered, the normal

noticing would need to occur. is that what is being requested? >> what i understand the motion to be, we schedule a hearing in 6 months, where action can be taken to either revoke or amend conditions of approval. >> which i believe andrew is correct, which would require normal conditional use notices. >> commissioner johnson is still -- >> no. we clarified. >> okay. >> so i have a motion that's been seconded to have another 6-month update that will be fully noticed as a potential revocation action or amendment, amending previous approval. >> commissioner fong: aye. >> commissioner johnson: aye. >> commissioner moore: no.

>> commissioner melger: no. >> president hillis: aye. >> so moved. the commission passes, with melgar and moore voting against. that places us on item 13 for commerce and industry inventory for 2016. this is also an informational presentation.

>> good afternoon. i'm paulo ikezoe. and today i will give you a brief presentation with some background and a few highlights on the 2016 commerce and industry inventory and then i will be available for any questions or comments. so just as a reminder, this is the commerce and industry annual report combining information from a variety of internal and external data sources. in addition to compiling an annual snapshot, the data we compile every year should serve as a background for updating the commerce and industry element of our general plans. 2016 was the sixth consecutive year of job growth in san francisco and it's estimated that we had over 703,000 jobs in

the city at the end of 2016, which is a new record. the city added just under 29,000 jobs in 2016. over the past decade, we've added almost 150,000 jobs. unemployment has continued to fall to 3.3% in the city. as you can see, the city continues to outperform the region, the state and the nation on unemployment. employment has grown across all sectors of the economy, with the notable exception of hotels. as you mentioned, construction jobs did grow from a low of 13,860 in 2011, which was the low, lowest point of the economy, to over 20,000 in 2016. so they're back to the highs that they were prerecession.

and construction jobs do, in fact, make up one of the largest proportions of pdr jobs in the city. average wage citywide is $101,640, and has grown consistently 7 the last decade. average wage is probably not the most outful metric. one of the reasons it's not the best is it concealed the discrepancy between a retail wage, which is under $40,000, and average office wage, which is now over $150,000. the inventory tracks building activity, measured by the number and construction value reported by our building permits. we saw a slight decline, down to 28,750. however the total construction