>> commissioner: i'd like to call this meeting to order. welcome everyone to the tuesday march 20th meeting of the san francisco entertainment commission. i'm bryant tan the commission president and before we start the meeting put your phones on vibrate, commissioners and members of the public. second, if you're a member of the public and would like to speak during public comment we have speaker cards up front which you can fill out or come up when i ask for public comment and finally, thank you to sf gov tv and media service for airing

this live every time we meet. we'll go ahead and start with the roll call. >> the clerk: [roll call] we should note commissioner perez is excused. >> commissioner tan: is there any public comment at the time? seeing none, we move on to item two, approval of our meeting minutes from march 6. commissioners, would anyone like to move to approve? >> i move to approve the minutes. >> second. >> commissioner tan: there's a motion and second. are there changes or edits? i assume no. i don't see any. any public comment on our

minutes? all right. let's take a vote. >> the clerk: commissioners. [roll call] >> commissioner tan: it pass. we have a report. >> i wanted to update you that we conducted interviews for our sound inspectors that we are hiring and there will be two part-ti part-time and their start date will be april 9. we had a full amount of candidates and i was impressed on the interviews and we decided on two and seeing as everything

moves smoothly with the process they should be onboarding in the next few weeks. we're super excite and i know inspector burke will be happy to have more support on the field as well and i'll keep you posted on our next hearing. so you may actually get to meet them in one of the coming two or three hearings or so. other than that, not much to report. >> commissioner tan: great, that was easy. public comments on the acting director report? seeing none, the report is closed and next the sound inspector burke. >> good evening, commissioners, inspector burke. you probably noticed a new heading, incident under investigation. right now we're working as deputy and acting director and

myself work with an officer to address violence in north beach over the past weekend. we're working with the operators in the neighborhood to track down surveillance footage to assist with determining whether there's nexus to nightlife. ready to answer questions you may have about that. we have new names under the new complaints heading. empire room is something we've had on this list previously not in some time and another has come up on the list since i've been around. you'll notice in a couple of the columns, 311 error. we're working on a report with

311 to better automate getting the data into a system that's easy to search. and in that process the dates and times for a few of these complaints were lost as well as some of the descriptions. so we've got the fact that there's been a complaint. we have complainant information but don't have the description of the complaint. i'm following up, as you can see in the notes. i left e-mails trying to gather more data and the glitch should be fixed shortly. i don't think the data's lost permanently just unavailable to me at the moment. a lot of exciting things happening on the 311 front. there's a mobile application we'll be testing at the end of the month and that will help me better guide the new inspectors in the field and as maggie said, yes, i'm excite to have some support and my phone's on

vibrate. ongoing complaints. >> commissioner tan: do the new complaints span a certain time period. >> since two hearings ago. >> commissioner tan: i'm wonderi wondering if it happened since the last meeting. >> it was since the last report february 6. >> commissioner tan: ongoing complaints should be familiar faces. i'm in touch with the great american music hall to address tracking their internal sound -- >> decibel levels to see if there's correspondence with nights with things that were

complained about. a lot of the issues seem to be crowds outside for unique events. youtube stars. people who have doors that open at noon versus live music events. and that is something that they said they're going to better address. i think during those types of events there's less staff because it's a longer day. i'm working with them to add staff to corral the crowds and there's been a few for halcion since my last report. i'll let you ask questions for the remainder of my time. feel free.

>> can we get a report on halcion. they continue to show up on the list. i know we've been in the process of contacting them to come back but what is the status at this point? >> the clerk: we have given them a notice to appear and set to appear on the next hearing date, april 3. we issued them notices to appear the beginning of year, i believe, i don't have the dates but president tan is aware of that. we allowed a couple continuances on that and they're set to come to the next hearing and i have been in communication with the operator and invited her to come at so i believe she'll be in front of the commission. >> commissioner tan: she requested the last continuance

to go through april 17 for that to be the hearing date but it was pushing it too far out given the number of complaints we're seeing every week or month so that's why april 3 was going to be the final date we'll hear them. >> the clerk: it will be agendized as a change to their condition. you'll have within your purview to change whatever conditions on their permit but specifically we were concerned with the one condition they were supposed to provide us with a calendar of extended hour events except we didn't step -- stipulate they'd have to send it so they haven't and so we're unaware of the events so i'm hoping that condition can be amended. >> thank you.

>> have there been spot checks here and there? >> commissioner tan: there's been two citations this year. there's been complaints and i've been tracking the complaints. >> they paid the fines? i think the two previous they had planned to. >> that i'd have to look. any other questions for inspector burke? just wanted to point out one more thing, my apologies. there's a new column and you'll

see that extended hours are listed and if they're not a [indiscernible] establishment i put n.p. >> commissioner: this is great. it looks clean two folks we bring on can follow your example. >> exactly. >> commissioner tan: is there public comment on inspector burke's report tonight. seeing none, public good evenini wanted to make sure you knew about follow-up from the planning and permitting guide. we turned a major corner, i'm happy to say, and met with a user testing group of real-life event boosters that had a chance to play withn clarity, accuracy and value to the work.

direct director weiland was there and we had representatives from fiesta on the hill and mint plaza and all overwhelmingly said it was a value to their work and i'm pleased with that and had ideas for enhancement of the current draft and great ideas for and an identifying tool for time lines. they were supportive and i still have a diverse group of people with backgrounds and experiences. i have other one-on-one meetings

happening with people who couldn't attend from decompression, bay view live and autumn festival. so very excite about that and we're anticipating a release filing guide by the end of april. so that's exciting. next, i have first draft of a cannabis and outdoor events bulletin or info sheet now that cannabis is such a part of the culture in the state and san francisco. i'll be work the office of cannabis to make sure it's accurate and clear. so that will be going out the next few weeks to outdoor event producers in the form of the bulletin i usually send out. it's look at the rules

surrounding consumption, sales and advertising at outdoor events. >> commissioner tan: any questions? go ahead, commissioner frost. >> commissioner frost: do you see doing something similar to licenses for one-day events. >> it would be nicole elliott's office from the office of cannabis and -- i don't know. i think that is within the vision of the cannabis task force and may be something like a phase five. that is something our office would be working closely with them on. >> perfect, thanks.

>> there's currently state legislation pending to clarify the ability to do a temporary permit like one-time event permits opposed to the current set of licenses that are more ongoing. >> commissioner tan: any public comment? seeing none public comment's closed. we'll move on to item number seven. there's no police here tonight. and it was on our consent agenda

today which is hearing possible action for a permits under our jurisdiction. so ms. weiland. >> this is an easy agenda. i had two limit the live performance permits again and there were no issues with either one but to briefly tell you we had ss hole in the wall pizza on irving and laughing monk brurg -- brewing and they received a permit from us in the past and we received positive feedback and the police department didn't have issues with either of them. happy to answer any questions you might have. >> commissioner: doesn't seem like there's any. let's take a motion and we can open it up to public comment.

>> move approval of the consent calendar. >> commissioner: is there a second. >> second. >> commissioner tan: any public comment? seeing none, let's take a vote. >> the clerk: [taking vote] >> commissioner: the motion passes. congratulations we'll move on to item number eight which is discussion and possible action for our chapter 116 projects. if you want to start the introduction. >> this is a project on 33 norfolk street. you should take a look at your

files there and the map the surrounding places of entertainment are within 300 feet of holy cow, oasis, calle 11, halcyon, audio, slims, buzzworks, and dna lounge, all permitted places of entertainment. we know the area very well. thus is going literally behind audio and halyon. i've been in communication with the public sponsor a lot and made clear and how important their sound study is and so to tell you more about the project i'll have them come on up to the podium. >> good evening, i'm the project

manager for project 33 norfolk. we've been working on the project since 2013. at that time, when we began the design it was 11 units and then two years ago we bumped it up to 19 units reducing the size of our units. at that time we also -- we did the design work knowing there was noise in the neighborhood from the nightclubs. we didn't feel at that point it was a negative actually. we kind of thought it would give us a little theme for our building somewhat, entertainment. it sounds funny but that was something we talked about several times. it is a very entertaining and vibrant neighborhood.

i reached out to the poe neighbor and sent out e-mails asking if anyone wanted to meet. i wrote a letter describing what items we are doing and planned on to try to avoid the noise in the building. i've had a little bit of communication with people and everything seemed good. one person did discuss about not having windows on that side of our property. which we do not have any real windows over there. we have more entry. the entry of the units are in the backof -- back of the building and the living and nighttime sleeping is on the opposite side. we did take into account issues like that.

i brought our project architect and we had sound tests done to discuss. >> commissioners, i'm the architect for the project and we've been working on this since 2013. at which time we did a sound study when we first started and to be honest it was not even alarming. it called for 26 around norfolk and 35 rating on the windows in the rear now that it's five years later we had the study done with a sound engineer. the project went from -- we started at nine with no affordable we met with planning. they urged us to do some

affordable so we added two more units that were affordable and then with the change of scene and having no parking and whatever we moved to smaller units. they were luxury units and now they're basically studios and small two-bedrooms. in the interim, we did sort of work with the design and the floor plans, all the master bedrooms and private open space are on norfolk. so we're trying to have the entries -- there are some rooms that face the back. we couldn't avoid it it's a long narrow site but we're aware of it. in the permitting, i don't know if you can see that but we are suggesting a sound wall between us, audio and halcyon that is two stories tall up to the back of it and will have a green wall there. just by building the mass we

have a first floor of concrete and hoping just having the bulk of our building that the neighbors on the other side of norfolk which i know have given you an earful through the years have our building as a buffer. i think if we design our bui building according to the sound study like fresh air coming through air filters and with noise attenuators we can buffer the neighbors on the other sized norfolk. as i -- other side of norfolk. as i mentioned, we had a second study jordan roberts did including st. patrick's that just happened until 2:00 a.m. in the morning as he informed us, the ratings went from 26 on

norfolk to 35. and the rear went from 34 to 37. so we're actually forced to update our window and sound ratings by quite a bit. i'll let jordan tell you more and you can ask him more questions about the sound study. >> commissioner tan: so you're saying on norfolk the rating of the windows will be 35 -- >> the back of ours will be 37. >> commissioner tan: so the back faces 11th street. >> yes. it faces 11th street. >> commissioner tan: commissioner frost i think has a question. >> commissioner frost: you used the word sound [indiscernible] was suggested. when you write these up as the architect as what won't would that be put in not as suggestion -- >> no, we started including it in the plans. it had to have a certain degree of bulk and because it will be made of concrete, it will have a

weight limit. we're actually already including it in our plans. >> so not a suggestion. >> no, it's a legality. thank you. >> hello. jordan roberts with charles sulter. i made a slew of measurements starting saturday the 10th. i put up a long term in the alley so it ran continuously throughout the weekend and picked it up monday night, maybe tuesday morning. we had a night without activity to compare it to for an ambient and under the noise environment section i listed the first four notable ones where they triggered -- where i had a triggered set to listen to the

reportings and try to determine what the noise source was and picked up nightclub noise, pedestrian noise, 12:30 to 2:40 and the nightclub noises were later at 1:30 a.m. to 1:40 a.m. and the ambient measurement and sunday evening from 10:40 to 10:50 and that interval i determined there weren't many events going on or at that time it didn't sound like there was. then we returned for this weekend, st. patrick's day night. those are the measurement from

10:30 to 10:40. h was further down 11th street and is further away from activity. i suggested our findings determined a rating of 35 along norfolk which is significantly higher than the previous study it requires this on norfolk and the rear side which environment noise studies wouldn't seem like it would bump it up but because the night clubs are adjacent to this property we suggested sec37 along the north.

that's about it. >> commissioner tan: great job selecting the times and dates. i saw there's even parties going on so that's helpful to know. i need to ask the project sponsor, manager to come back up. i think you're far enough long in the process but i'm curious why residential. i think this particular neighborhood went through a rezoning process and putting a wmuo was to prevent things like this. granted, each parcel was dealt with differently. so under a different regime we

may have chosen to make all that block wmuo. i'm kooucurious, why put a residential there than an office building when we know residential may have more ongoing challenges even if you buffer it with the right materials. >> i don't have the answer for that. i don't know. it was probably economics. >> i was there. his boss, i told you we'd start with luxury units. his boss wanted a luxury unit there and when he thought of it adds a positive, he thought there were people like him that would want to be in the midst of the vibe. and since then your boss has

gotten much straighter and the planning did not want -- we had really large units that were trending and planning made it clear that did not work for them. we're mug. -- m.u.g. that's how we started on this path a long time ago. >> commissioner tan: i'm aware you're m.u.g. and have the right residential but it also allows for office to be constructed. from our vantage point is a more complimentary thing to build versus residential. i think you're in the hot bed of people that might get very upset -- even if you warn them -- >> and put the disclosure on it. >> commissioner tan:. even if you use the best materials out there you may end up with a situation where people are unhappy.

i think if we can prevent that, that's what we're trying to do. >> we understand. when we had our neighborhood meetings long ago we had it with the residents and this work down the block is residential. when we started working with the neighborhoods that was prevalent. >> commissioner tan: the zoning allows it. i get it. >> it took so long to get here too. >> commissioner tan: i'm not trying to derail you but want the story behind it because you're next to the most problematic nightlife in the city. that gives me context which is helpful. that was my question. >> commissioner: before you

leave, architect, will there be a gap between the building and the sound wall. halcyon we have a lot of issues with in the record right now especially after hours. the vibration of the building, if you have the wall attached to it you'll vibrate that too. are you going to provide an air gap? >> i think we have to because from a structural point of view we won't want the building to support the wall and it will a "u" wall. you can make it a condition but we were going to do it anyway. >> i don't know what will happen with this place but they're running a lot of bass. another question on folsom and

harrison, there's no windows? >> at one point we had a window facing the -- it used to be a hot tub i think in the back of holy cow. they have a rear yard, they don't use it as an outdoor area. we have a high window on the fourth floor just for light but it's a property line window so it will have to be made of firelite which is a porcelain material. that's the only opening we have on both short sides. >> commissioner: is that a common area? >> it's in the unit. we're not married to it. i just like -- >> commissioner: the reason why is caliente has a roof deck and

don't know how often they use it or is in compliance but there's probably a roof deck you're probably overlooking. >> no, this is high. it would only be for looking up. >> but there will be some rating there anyway. >> it has to have a two-hour rating. >> i don't think we allow music to be played outdoors but people noise and if they're out late, 2:00 in the morning, smoking or whatever. it creates noise. my thing is outdoor lighting. are you lighting up the alley. >> if you notice, you must have seen this before, working with planning we need residential entries off norfolk and we have

raised planters and that's going to be well list. we weren't lighting ann other part but that front of the building. >> i know it is really dark there. always has been. i'm curious, you have a lighting plan set yet. >> we don't, but we're planning on lighting at least our lower frontage because we have residential facing the street right there. >> okay. >> commissioner: i'm done. >> the reason why holy cow doesn't do outdoor amplified sound anymore is because of the neighbors. >> they're allowed to do amplified sound. >> so that could bother that

window i don't think that were retrofitting that when they were in planning. if you look there's a large roof deck they advertise it as a rooftop bar. >> if you make it thick enough you can make any window you want. just be aware that's there. >> it looks like -- i don't know the height of that but it's higher in the roof of halcyon. is there a reason it didn't go up to the height of the second or third story? >> because at that point it's already going to be a challenge

structurally to make something big and bulky that high we were trying to protect from the sound coming through the building we'd have to extend it high to make up for any sound that comes over. it's quite an expensive wall we're committing to so that's just the reason why. and to be quite honest it would be great if you condition it because technically i'm only allowed to put a six-foot wall there from planning. any rear yard wall has to be six-feet tall and it would be nice if you back me up and -- >> commissioner tan: is that 18 feet or something? >> it's about 18 feet above it.

if you look at -- >> commissioner tan: above the deck. right. >> commissioner: my personal opinion i think halcyon has a problem going through the skylights. and to have it not travel to the next condo i had to close them and put sheetrock and everything in there to keep the sound in the roof. providing what's going to happen it's a possibility sound leakage is coming through the skylights. if it was higher it might catch that. you can see halcyon still has their skylights and until we address that, i don't know

what's going to happen in the future. >> commissioner tan: we can make that a condition. commissioner thomas. >> commissioner thomas: reading the draft letter you have for potential -- the letter you have to the neighbors. sorry, another one where you're talking about i know you're planning to disclose it to people living there and you're interested in marketing it and create theme around engagement in this vibrant art and cultural district. from having been here on the

entertainment commission, i will say basically to a person every single neighbor who's come in with concerns about 11th street has described themselves as a fan of nightlife and a fan of going out and a fan of the entertainment industry and yet it turned out they didn't want to be kept up all night by music coming from an after-hours dance place they weren't choosing to go to. it's a caveat that people who choose to live in a neighborhood because of the music and dance clubs and entertainment can still be cranky neighbors when they're not getting the sleep they think they should be getting. we've had so much conflict from

the places of entertainment and the neighbors that live there. they both want legitimate things. i appreciate the work you're putting into this but also hesitant. i know some of the neighbors felt they were mislead what the neighborhood would be like when they moved in or the sound control in their units and apartments and we don't want to be intentionally creating another source of conflict in the neighborhood. >> i will say there's something that's evolved in the years. the title 22 our energy calculations and stuff, what happened now is we need to hire, when beget built an environmental rater which tests the commissioning of the

building. what they test for is air leaks and make sure the system's work and that's just coming in. i can say what i want and draw what i want but if there's still air leaks into the building they have to be fixed beforehand. we have to provide fresh air to the building. this is now stuff they test for. i know, i live on south park. i know that everybody says and i've been there 30 years and everybody says it's cute and blah, blah, blah. but when someone breaks bottles in the park in the middle of the night, it's not my bottle. it still piss people off. >> commissioner tan: it's 2018 and there are different standard and materials that differ from

from the residents and you feel it should be an acceptable project. i agree with commissioner thomas in the general scheme of things if i were building i wouldn't build a residential facility. i think an office use or something more compatible would be what i prefer. that said, our planning department and our you're allowed to build what you're planning to build. the best we can do is add a few more conditions to this and wish you the best of luck. are there other comments from commissioners. are there venues here tonight to

speak on behalf of your venues. can i ask how the response has said. have they said anything favorable or unfavorable in their meetings to them or have you met with them? >> have not met with them. i reached out to them all by e-mail saying i'm open to meet and will be in the bay area this week if anybody wants to meet with me, let me know. >> commissioner: was there only e-mail any phone calls or door knocking? >> one person called me and read my letter and felt i was doing all i can do. he felt confident about that. they suggested we shouldn't have

windowses on the back side. >> david from audio? he told me he received your e-mail and was going to call you. i said we need windows for light. we can't have a dark tunnel. we'll have sound rated windows. >> commissioner tan: okay. that's helpful to know because i think we want to use this space as a way for them to voice what they need to voice. i'm a little disappointed no one's here tonight but to me it means consent. let's open it up for public comment. commissioner lee. >> commissioner lee: so the sound wall and then the yard and then have you the wall of the

building. and it will have insulation on it. and we can deaden some of the noise and sheetrock. we'll have 2 x 6s and in our property line walls the short walls we'll have two-hour rating

instead of one-our ratings and four layers of sheetrock on it. the wall construction will be solid and that will be driven by energy. it helps absorb the sound. >> commissioner: the two bottom floor ones the sound wall will protect them but anything airborne, the upper ones will be hit. i'm curious how thick that is. >> we need the cavity for insulation. that's not going to be solid.

>> commissioner tan: all right. is there any public comment? actually, no, i need to take a motion. is there a motion to approve with any additional conditions? i'd recommend on sort a suggestion from the project sponsor that we add the condition that the sound wall and in the back be up to 20 feet in height or 18 to 20 feet in height. >> commissioner: i just want it say too, if you had to choose on a map where to put a residential building that was going to cause the most problem for this commission this would be the one point on the map literally in all of northern california maybe. i don't want to be too

heavy-handed on conditions but i think perhaps not having a window up top and making sure that wall is 200 feet tall or whatever we can do should be all the parts. if they're construction is solid it may block the sound bothering other people. that may be a silver lining here but this is terrifying to me. >> it should be no-folk. >> commissioner tan: is there a motion someone would like to move? >> commissioner: a make a motion to move this forward to planning with the conditions you stipulated around the height of the wall. >> commissioner tan: so there's a motion to recommend this to

planning with a 20-foot wall. and our standard conditions hopefully you have seen those and we can hand them to you. some like the sound study. is there a second for the motion? >> don't forget my lighting plan? is that in record now? >> commissioner tan: we'll discuss that after this. >> commissioner: add the lighting plan. >> if you adopt the change on the next item in the agenda it will go on this as well. >> commissioner: until then, lighting plan, please. protect the alley. >> commissioner: is there a second to the motion? >> i'll second. >> commissioner: seconded by commissioner frost. any public comment on this? i'm assuming there's one? no? okay. no public comment. public comment's now closed. we'll move on to a vote.

>> the clerk: [taking vote] >> commissioner: as i said, good luck. it was a p.o.e. before that. i look forward to seeing the ads for this condo. >> and hopefully we'll never have to see anyone from this building in front of us ever. >> commissioner tan: thanks everyone. item 9 now. 9. review and possible action to amend the recommended noise attenuation conditions for chapter 116 residential

project. >> >> the clerk: i incorporated my notes from the last meeting so if it's good to go we can vote or if you have anything to add we can add it now. >> commissioner: shouldn't we require they spend one saturday night in the space before they purchase the property. [laughter] >> commissioner: st. patrick's day. >> commissioner: this looks good to me. i don't know if anyone has other changes? if not, let's move this. >> commissioner: i think you captured everything we were concerned about. especially lighting. >> the clerk: is the lighting

verbiage good for you? >> commissioner: i like it. >> commissioner tan: do you like it enough to move it. >> i move to approve. >> commissioner tan: second. there's no public comment. let's take a vote. >> the clerk: can we get same house, same call. motion passes. onto item number 10, comments and questions. commissioners, any comments or questions? no? all right. great. are you sure? going once? going twice? commissioner caminong. >> commissioner caminong: do we have a date in mind for the retreat. >> the clerk: i don't have a date in mind for the retreat. i think i'll send out a doodle poll and we'll work between i guess april and beginning of

may. probably next six weeks and then i'll find a venue. and if anyone has any suggestions on venues, that would be super helpful. so let me know. also in the interim we should probably -- i can make it an agenda item in terms of what you want it hear about or we can bring it up during commissioner comments and questions next time but you should start thinking what you want to hear from us as well. i have some ideas but -- >> an early morning. i'll be out of the country april 17 and will miss that commission meeting. >> the clerk: if anyone needs to miss april 3rd let me know as soon as possible because i think that will be a heavy one. >> commissioner tan: thank you very much. i'll junior adjourn the

adjourn the meeting at 6:29 p.m.

it is now 1:02 p.m. this is a regular meeting of the commission on community investment and infrastructure. successor agency commissions to the redevelopment agency for tuesday, march 20, 2018. welcome to members of the public. madame secretary, please call the first item. >> thank you, mr. chair. the first order of business is item one, rolll