large events, public works is right there, there are a number of live music venues right there in the vicinity of this location, so this sounds like would have an even smaller impact on the neighborhood than the existing venues that already have permits in the neighborhood. >> i agree. i just want to correct on one thing that the armory no longer has a permit from us, so any events that they are hosting there are one-time at this point, yeah, but they're still a venue that hosts events from time to time, i guess is my point. >> okay. >> yes. >> okay. are there any other questions from commissioners? being okay. why don't you go ahead and have a seat? we're going to go ahead and open it up for public comment. i have two speaker cards, and my assumption is it's for this item.

yes, thank you. >> good evening, commissioners and everyone else. thank you so much for giving me the opportunity to be here. i am one of the block captains of the mission neighborhood watch and also i'm here to testify for the community, as well. i have additional petitions -- who do i give them to? 1801 mission street, the ones that are building their building, i have support from there. 275, 281, and 291 14th street, also, 269 14th street, and petitions from people on ministry, as well, and going all the way down the street. standard deviant, when it was

permitted was permitted as a small tasting area, and we are okay with that. we oppose live bands. they have already had live bands. we have called the policemany, many, many times. first, we asked the police just to ask them to turn it down. it didn't get turned down, and we have a whole list of every action that we take in this mission district, and it hasn't gotten turned down, so we asked them if they could just stop the music. any way, i'm going to ask -- that was -- >> you have one more minute. >> we, the family, friends and visitors have already endured the impact of live bands, and it was disruptive and unruley n many accounts. due to loud music and more people, car break-ins have

already increased. the added volume will not bring any positive out come. it has manifested to people yo urinating -- >> thank you. your time is up. >> and we have helped clean the neighborhood up. >> okay. thank you, your time is up. okay. i have a john bradley here, and then, for anyone else who would like to speak, please go ahead and lineup over here. >> john bradley. we request that the -- that the decision be tabled until after some of the items discussed here are cleared up. permit application 2018-04267504 says from the public health department to say comply with san francisco noise ordinance, didn't have the time to really look into what that is. number two, the garage door in question, i have a photo, it's currently noncomplying.

it's a 34-inch door. it's an occupancy f-1 and d, so if there is a fire, it is required to have two exits and currently, it has zero exits by the letter of the law. number three, planning enforcement violation which refers to the noise and -- and sound disturbance that -- that was in question earlier, which is a document -- i have the document with me, which was abated is said to include accurate floor plans, and when i went to the d.b.i. permit records today, realized that -- that there's a permit application 2017-07313422 that says existing storage kegs on pallets. and then, permit application

2018-04267540 says existing and it's got all of the picnic tables that are shown, and it doesn't say any change, whereas in the 2017 permit, it shows specifically the tasting area, which it was -- i guess the use of it was termed as with a specific square footage, right? so like, when you calculate occupancy load, and like when a fire is, you know, there's certain door sizes that are required, a certain amount of exits, and all we're requesting is that this discussion be tabled until it gets to a -- like, a safe place. >> sir, thank you, your time is up. >> thank you. >> okay. are there any other members of the public? okay. seeing none, public comment is now closed. commissioners? >> can i make a couple comments? >> yes, please.

>> so i would like to respond to the last gentleman. a couple thoughts come to mind. first of all, i guess i'm much more interested in hearing how the license is going to impact a neighborhood than deficiencies of the building, and i say that because we're going to get into real specifics here. our scope and jurisdiction is really the police department and the planning department. if, in fact, the building has deficiencies, that's something you really should take up with d.b.i., and they certainly have the authority to stop the use, and the san francisco fire department. so i guess in response to those comments i heard, he wasn't speaking to the impact on the neighbors or the community, it was just the structure, so i just kind of wanted to share that thought. i think that's it for me for now. >> i think also what he's saying, if it was really that

serious situation, we wouldn't have -- the application wouldn't even be here, you know? zoning would have to approve it before it even reached us. >> well, there could be d.b.i. issues that planning wouldn't necessarily know, but that -- and that can get solved. i mean, technically, we could approve a permit tonight, and they could have a permit, and fire could step in and take your occupancy away. i'm just trying to say it's kind of oil and water, so to speak. >> well, yeah. i mean, full p.o.e. what he's saying is really detailed. limited live is different in a sense that, i mean -- i mean, brian, maybe you can educate us more about what the planning code or -- i mean, between the limited live and full p.o.e. >> yeah, you're getting in the weeds. when planning looks at these

applications, there's a difference between the place of entertainment and the limited live permit. limited live is a limited use. they wouldn't be here tonight if it wasn't. that being said, i think everything commissioner falzon said was accurate. i think the gentleman that spoke at public comment is within his rights to make inquiries of othertion a agenc but that's not what we're here to look at tonight. we're here to look at the entertainment permit. >> very well. in the interests of moving this along, i'd like to move to approve the permit with the condition obviously of our good neighbor policy but to set a sound limit with a sound check

by our inspectors. i think i did hear some concerns about neighbors, not just about building condition, but about sound leakage. it sounds like there may have been concern in the past. i don't know why it wouldn't have been recorded by the police department if they were called in, but our main purpose is to set a limit how loud the place can be and their sound amplifiers, so i trust the staff to set an appropriate level. that is my motion. >> second. >> can we still talk? >> yeah, you can still talk. >> may i? the only thing i wanted to point out, because i think we're all sensitive to the immediate neighbors. i think this might sound not so intuitive, but we have a lot of oversight against this licensee if we give him a permit.

if we continue to give him temporary permits, it's a lot harder to put restrictions on him. i think if i were looking at it through the optics of a neighbor, but us setting some standards and having a good neighbor policy in play, it's going to make the neighbors a lot more powerful in the event there's a problem. hoping there isn't one and everyone works together and collaboratively. i just wanted to share that. that's it. thank you. >> as i said before, i would encourage i think the path for negotiation is to bring the neighbors and the operator together, so thank you offering that already. i think our staff is willing to help negotiate a conversation around what the levels are, so i would encourage all neighbors to reach out to our staff and

schedule that because i think that's a better forum to, you know, work out other details outside of the permit. >> okay. thank you, commissioners falzon and tan for that additional information. we had a motion and we had a second. are we ready to move to a vote? >> can we repeat that motion again? >> i move to approve the permit with a -- with our good neighbor policy and also a sound check and to set sound levels for the venue. >> okay. >> can you please do a vote? >> public comment? >> we already took public comment. >> we already took public comment. >> okay. [roll call] >> okay. your permit application is

conditionally granted, so please follow up for next steps. will someone go grab ben. >> in case the public doesn't know, they're going to do a sound check and set a level so it doesn't bleed out if case you're -- in case you're concerned. >> all right. why don't we just move along. >> all right. i hope everything went well in my absence. the deputy director acevedo, please introduce the next regular agenda item. >> thank you, president bleiman. so for our next agenda item, we actually have a request by the applicant to continue the application to the april 16

hearing? there is mediation that we have begun as of today, and we would like a little bit more time to continue with that mediation. so is there a motion to approve the request to continue? >> yes. is there a -- should we do public comment on that first? i think we have to do it on every item, am i correct? is there any public comment on the request to continue this item? seeing none, public comment is closed. so we're entertaining motion to continue it. >> i'll raise a motion to continue. >> second. [roll call] >> it has been continued. okay. the next agenda item is number eight, discussion and possible action to adopt written comments and/or recommendations to be submitted to the executive director to the planning department and/or department of building inspection regarding noise

issues for proposed residential and/or hotel/motel projects per chapter 116 of the administrative code. director weiland, please introduce this. >> okay. this is a project that is going in at 400 divisadero street, and it only falls within 300 feet of a place of entertainment, madrone art bar, but it is more than 1,000 feet from the independent, club waziema, and empourium. they redid their sound tests at my request to conduct during entertainment, and the sound tests that we had had on file

was a few years old, so i just wanted to commend you for that and for taking it seriously. why don't you come on up and tell us a little bit more about this, and i'll also just note the one neighboring p.o.e. within 300 feet, madrone, the owner, michael krause, submitted a letter of support. >> i'm the owner of 400 divi divisadero. we actually have some slides if there's a way to --

we would propose putting in 186 rental housing units with 20% below market rate and 8100 square feet of retail on the ground floor that would be neighborhood serving local type of merchants. we'd have a six-story mural on the north side. we'd have an active ground floor coming around to the lobby. really, i'm doing this because we need the housing, and that block is just really unsafe to walk right now. our height would be 65 feet

on -- we'd be 65 feet high on divisadero. we'd be 45 feet high on oak street. our parking ratio is .3:1, 57 cars with 186 apartments. we'd have space for 170 bicycles. and i've gotten to work with michael quite a bit over at madrone. he was happy to let us do some additional measuring of the acoustics a couple of weeks ago. it looks like our numbers are stable. i've met with club waziema and i've meet with the emporium.

we understand about the new night life ordinance that would be coming into place, so we'd be a prototype with, and we'd be happy to comply with that. our insulation numbers, we would wind up using the oitc 34 windows. we're going to comply with all the regulations that the entertainment commission has, as well as the state. i have my acoustical engineer here tonight if there's any technical questions that we've been working with, and happy to answer any questions that the commission might like to ask.

>> are the parking exclusively for your tenants, i guess? >> yes, with the exception of we'll have at least one car share, which i'm assuming that other people who are members of the car share program outside the building could use. >> but you're not going to have it open to club goers in the neighborhood who can't find parking and they can pay to come in and park into your building? >> no, because we're less than what we actually need, so we don't have the luxury of having additional parking for people coming for entertainment or retail shopping in the neighborhood. >> i think seeing your photos, you are going to have retail down below? >> yes. >> what kind of retail were you thinking? is it -- >> yeah. so we did a retail work drop about a year ago. we got merchants from diviz and

lower haight. i think the retail is the most important thing people will experience of this project. they told us we need more daytime types of uses. diviz gets a lot of support during the night but not a lot during the day. so the retail is modular. we can get it down to 750 feet. right now, it's about 4,000. right now, we have a retailer who would take the whole thing, but we don't want to do that. the key is you want different people coming at different times, day and night, for different purposes. >> so are you encouraging possibly late night, i'm assuming retailers might be open late night until midnight or 11:00?

>> i don't think so. there's a group that has a fitness use, so they might be open till 11:00, so that's not entertainment so much as people using exercise equipment and so forth. >> the reason why i lead up to, i guess they call it the lee lemgs lation is the lighting around your building. it helps the people at night going to their cars or avoiding break-ins. you know, there is quite a bit of, you know, walking traffic at night from these clubs, so i just want to kind of brighten up the area for them. so do you have lighting design in your plan right now? >> we haven't spec'd that out. we probably have ambient. it wouldn't pollute the other neighboring homes.

we probably have some motion sensitive lighting, as well, and it's really dark there right now on that block. >> right. so what we encourage is try to lighten up the sidewalk so that people who park in your area who go to the clubs, kind of helps them and it also protects their cars maybe when they park there. i think it's part of your conditions that you have some lighting plan. i'm not saying flood plan, but at least lights where it's not so dark. >> they would be shielded down. >> that's fine. >> i've discussed with the architect, but we'll probably do the full lighting plan when we're post planning commission and we're working on our site permit. >> okay. that's it. thank you. >> oh, you can -- thank you from him, not from all of us yet. my thank you is for -- i know

that offense times, projects come to this, so i appreciate that. i live on broadway and oak, so i don't think that people talking in the streets is going to be your main issue around noise. but i think similar to what commissioner lee is saying, i mean, it's interesting that you said you did a retail workshop, and people wanted more daytime things. but with a higher concentration of night time things, could we build on those night time things? i'm curious. are you saying you're not going to have any potentially night time entertainment in there because of the workshop you had

a year ago? >> not necessarily. i take that seriously because we had a lot of people. it was a great discussion, and i figure the people who live and work there are the experts. i have a retail consultant working with me, but i've been careful not to sign any leases. there are some uses for night time that i think would be interesting that we don't have their presently. there's a place in oakland called the octopus salon that's a literary type performance place. it's really unique place. there are other places, p.o.e.s that have started doing some interesting curation and are thinking along those lines. i'm just trying to be in touch with the merchants and the neighbors to see what's in demand, so i'm not categorically saying. the retailers need more oxygen

in that area during the day. they tell me we only have about 14% of the space is dedicated towards pure retail, so we're not getting boarded up and running into a lot of problems. i think we're pretty balanced on divisadero. i'd want to look at what's the concept, for the sponsor, and i think that's important, how they fit together as a merchant community. >> absolutely. i wasn't at those workshops, and i've only lived there for about a year ago, so i'm not trying to speak about the neighborhood as a whole, but i think concentrating efforts to say hey, what about one more live music venue that could add to a different type of variety, rather than saying let's add a cafe where people can work on their laptops.

i've also just received materia materials inviting people to the community projects. but it seems like you've gone above and beyond your typical project around community. >> thank you. selfishly, i want to get the best ideas. that's what's going to make the site great. >> well, i look forward to it getting built. our concerns for sound are for neighbors abutting you. thank you for the work, and i look forward to the project. >> thank you. >> yes, thanks for doing this. i just want to point out, and bryan, commissioner tan, you said you held weekly meetings, and i just want to thank you

for spending the time to get to n know a community that's nearby. i'm just curious, so the windows that are facing madrone and kind of the outside, do you have different s.b.c. ratings for some and different on others, or are you just -- >> to be honest, we haven't spec'd it out. i did a building in the last cycle that was right next to the freeway, and dean makras wanted to walk in before we opened, and his jaw dropped because you could hear a pin drop, so i'm familiar with speccing those out, but typically, where -- we do those after we have our planning commission approval. >> and another question, you're

planning on it all being rental, which is fantastic. are you planning on being the landlord for that property? >> we'll see. right now, i still have to get it financed, so hopefully, we'll be able to do that. we're going above the 18% b.m.r. i'm very close with several financial partners to signing, and that'll be part of our negotiation, if they want to stick it out long-term or they want to finish it out. hopefully in the next few weeks i'll be able to tell you. >> yeah. i would just encourage you -- the freeway was one thing, but there's something about people around a freeway, they've kind of resigned themselves to the fact that there's cars speeding past them at all times and there's something different psychologically with people when somebody screams outside of their apartment or there's a venue, music, and they feel

that there's a human responsible that needs to pay for that, so we just urge you to up the s.b.c. rating as high as you possibly can to protect the cultural institutions that are around you. but other than that, it seems you did a stellar job on this, and i applaud you. >> thank you. thank you very much. >> anymore questions? all right. thank you very much. you can have a seat. is there any public comment on this item agenda? agenda item? thank you. seeing none, public comment is closed. [gavel]. >> so we mind me again. we're just recommending -- are we doing a vote here? >> you can recommend added conditions for the planning commission to review other than the standards but we always provide the standard conditions that were approved by the commission. >> yeah. so i'll move to recommend the

standard conditions for this project to the planning commission. >> second. [roll call] >> all right. you've been recommended for it. thank you very much for coming in, and please follow up with us with any questions you might have. all right. the next agenda item is number nine, review and possible action to change the conditions on ec-1377, place of entertainment and extended hours premises permits, d.b.a. halcyon, specifically review the listed conditions that were added on december 18, 2018 and stayed by the commission on january 15, 2019 until march 19, 2019. and director weiland, can you please introduce this? >> sure. all right.

so this is for halcyon. we are specifically -- why don't you all turn to this in your packet? i want to call attention to the double sided halcyon recommendations page that we put together. this was created by our office. inspector burke was -- really took the lead on this but in conjunction with the consultant, j.p. noise and vibration. they went out to test the sound, and i wanted to just actually start off this conversation by explaining my recommendations on the backside there where we're really looking at those three conditions that we put the stay on? i'm essentially asking you to

strike all three of these conditions, and i'll explain why. when i first recommended about six conditions to you december 18, 2018, it really was not my intention that you adopt every single one of them. it was really consideration that you may adopt some of them with regard to noise. you went with all of them. i just want to bring to your attention that the second condition really was not a condition? this was really relative to the hiring of sound consultants and doing that work. that was a recommendation because it would fall off. and it was also poorly written. inspector burke called attention to that immediately after the hearing, and i felt very uneducated on sound at that point, and i think i've learned a lot through this

process. we had that written that we would be conducting a sound study from 10:00 p.m. to 4:00 a.m. that makes absolutely no sense. that's something that a residential development could do to see what noise levels are coming from a place of entertainment? but when you're trying to set ambient for a place of entertainment for an extended hours permit, you can't do it when any other club is in operation. the permit doesn't allow for that. so what we did, we took the essence of that condition, and we went out and tested the ambient just around 9:00 a.m. prior to operation of businesses in the area and then again at 4:00 p.m. to see if there was a difference in the levels, and we found there was. so on the front side of this, i'm essentially saying that you

should amend their sound condition on their extended hours premises permit due to the ambient period being lower during that period of time. if you read through that recommends condition, i say sound abatement shall be reduced from 116 d.b.c. to 112 d.b.c. measured from the center of the dance floor from 4:00 p.m. to 6:00 p.m. of the extended hour dance permit. making it clear this is a time when normally no other clubs are in operation and the ambient noise is lower during that time. let me know if you have questions. i think it's really important that you read through this sheet back to front and really understand what -- what was done here and ask any specific

questions? and then, i think before we bring up the permit holder, we should probably have commissioner falzon give an update on his mediation that he's been doing with the permit holder and neighbors. >> good evening. so we've had, i think, three meetings, and i felt they were actually going very well. in fact, i think as i alluded to in earlier meetings, in the beginning, everyone was quite stando standoffish, and we over came that just by bringing the parties together and sharing concerns. my feeling today is a little more guarded, and i did talk to the owner before we walked in today. apparently, there's been a lot of very positive texting back and forth over the last day that i was not aware of, so i

guess i want to hear from her and what her testimony's going to be tonight and i'll circle back. >> okay. i think maybe you should also then call attention to just the -- inspector burke puts together a timeline every time for halcyon, so you should look at the timeline. and it wasn't until just this last week that we received any complaints regarding halcyon. >> well, i think we do need to clarify. part of our mediation was the complainants agreed to work directly with the operator, so it makes sense that we saw a decline for a while because everyone was working collaboratively, and then unfortunately, i think things got off track, but i'm optimistic that they could be back on track again. >> okay. and it seems as though some of the concerns that they've had

in speaking to the neighbors were around their events on weekends, and it seems as though the calendar of events that they're sending is really helpful but that condition around calendar of events are for ones that go past 4:00 a.m., so they are not required to say hey, we're having entertainment on a thursday night. so i think when they were upset, it happened on week nights, and so you might want to consider amending that condition to just the calendar of events for all events so that they're just aware of what's going on, even if they're not extending their hours. >> we could also, if that's the case, consider amending the condition around 12 times per year -- i don't think that's the conditions. >> you're referring to the extended hour, right?

>> yeah, it wasn't an extended hours event, it was just a regular event. >> i think this is a good conversation. i think we should hear from the permit holder first. so if miss milan or the permit holder wants to come up and talk about the time between the last we've seen you and today and what's occurred, thank you. >> hello, commissioners. thank you, director weiland and inspector burke for taking the initiative. we're thankful for commissioner falzon's mediation. it's made a world of difference in i think all of our experiences. we conducted a series of tests with j.p. acoustics in collaboration with -- sorry -- we conducted a series of tests

with j.p.m. acoustics in collaboration with inspectors burke and fiorentino's unit. j.p.m. has submitted their neighborhood reading to the e.c., though we have not yet received a comprehensive written evaluation for venue sound mitigation to improve tony and kelly's experience. some of the things you mentioned upon initial evaluation seemed reasonable and attainment, such as installing base traps around the subs and vinyl around certain areas of the roofs. we are also committed to keeping the lines of communication open and are

happy to send a calendar of all dates open at the beginning of the month as opposed to just those past 4:00 a.m. we understand that being open on week nights negatively impacts there and hope to further -- them and hope to further impact this by keeping them informed. further, kelly took us up on a hotel room offer in february, for which she was very thankful, and we were, as well. and it was comments to what commissioner falzon was speaking to on the thursday night, they were upset that we were open, and i had not included that in my calendar of events at the beginning of the

month, but i apologized, saying it was human error, and i would let them know of our calendar of all nights we would be open. they were very happy, and sent the kind text messages in response. we look forward to our future meetings and offering some real scientific solutions that will improve their experience and that of our customers. >> i guess where i'm still stuck is i want to see the report from your sound guy because he comes so well credentialed. >> i really want to see it, too. >> pardon me? >> i said i really want to see

it, too. >> i know you do. so that's where i'm a little bit stuck tonight. so i think -- >> can you elaborate? why? >> well, because her sound person did a pretty thorough study going to the complainant's units or in front of them, where they couldn't get in, and we just haven't seen that person's recommendations yet. i do see an opportunity for some cleanup, i'm not saying this is all for naught, but i'm a little uncomfortable resolving all of this tonight not seeing that report. i think it could, if anything, create some exculpatory opportunities for miss milan, maybe she isn't the problem. >> i would clarify that j.p.m. was there for two different

purposes. one was that they were supporting the entertainment commissions concerning ambience. the other was gina's request to use them as mitigation to see if there were things she could do in creative ways to mitigate the sound even further. but you guys did not condition on that. >> i think to that end, it speaks volumes. we have an applicant that's offered hotel rooms, we have an applicant that's now gone above and beyond bringing in her own sound experts, and i just feel like we don't have the entire story yet. but i am prepared to hear from

my other commissioners, and i am prepared to propose some cleanup. >> when do they plan to have the report? >> i spoke to him today, and he said tomorrow. he has to get it done. >> so i want to -- so you want to take his recommendation and maybe do some improvements? >> right. so -- exactly, take his recommendations, research them, the things that salter proposed were very expensive. he thinks he has some less intrusive solutions, and so we want to research them, and meet with tony and kelly and discuss which ones which they will give them the most relief, work with that, see how it goes, and move forward in this way. i think we have a relationship with tony and kelly now facilitated by commissioner falzon that we can work with them. >> i think my feeling is i'd like to see that report, as

well. because i mean condition three, having a sound limiter is going to be a nightmare for you. >> that's correct. >> and i -- it's really on the honor system, and it's like trying to get the trust back on the table. and usually, sound limiters are there when they don't trust you. i want to trust you, but i think with the report, we'll have a better understanding. and if it's tomorrow, i mean, i don't mind continuing it one more hearing just to see it. >> i mean, short of going in the other direction, i think, i feel like this -- the issue of measuring the ambient level was done with j.p.m., correct? and what they came up with in using the 8 d.b. above ambient

for 116 and then, this new 112 for the extended hour. if there were other sound management stuff put in place, we can come back and redo this, but i feel like we have enough information based on what j.p.m. did as well as what the entertainment commission did to change the extended hour levels to 112 as is documented here, and then, you know, following director weiland's recommendations eliminating these other conditions that we put on the last time we were here including the limiter and so on.

so i mean i appreciate all of the work that you've clearly done to help manage and negotiate, and i appreciate having everything written out so clearly here? but i'm not sure what would be in that report that would be different. i mean, potentially after there's been additional work done, we might be able to change this back again? but in the meantime, i think the 116 and the 112, that standing independent of what the recommendations are from j.p.m. to miss milan inside her club. does that make sense? >> that makes sense. i just want to suggest something. miss milan -- >> and just -- i agree it is fair to do the 116 and 112 -- >> we understand you've greed. i just want to -- agreed.

i just want to see if there's public comment. is there public comment on this specific agenda item? okay. seeing none, public comment is closed on this specific agenda item. my position is similar to commissioner thomas'. we set conditions at a previous meeting that our director has advised us is either unenforceable or overlapping. my understanding of this exact situation is there were issues that the neighbors had with halcyon primarily, maybe not exclusively but primarily during after hours. that seemed to be the problem that i saw. >> that's correct. >> okay. and so, you know, we've gone in

and kind of reestablished a much lower d.b.a. rating based on science through the consultant that they brought onto bring down their d.b.a. rating significantly to 112 for after hours, which may or may not solve all the problems, probably will not solve all the problems, but is a significant things in itself. i also want to say when we first saw this that halcyon and the neighbors had an extraordinarily contentious relationship, among the most contentious we've seen in here. and specifically through their efforts and commissioner halcyon's efforts, they're communicating with each other, even to a point that they're communicating with each other after you've communicated with them. this is a pretty amazing situation we've had here, and i think we owe an incredible debt of gratitude to your generosity to do that.

i just want to add, nobody paid you. >> that's a fact. in fact i provided water, and the conference room, i might add, my building where i live. >> so let's just put on the record that it actually cost him money to mediate this. but seriously, this is a serious win, and i think my personal feeling is we need to move forward. it doesn't mean that we're done, and it doesn't mean that the report is not going to yield anything. the other understanding that i have right now, and i could be mistaken, but the consultant helped us set the d.b.a. ratings which significantly altered the landscape here and has offered additional conditions that might help. it does seem to me, and i might say that the ownership of this club and miss milan and the team seem to be newly open and have a new attitude towards solving these problems before they turn into something as

serious as what they were before. i think that also goes to this commission and we've kind of slow eroded the defiance from all the sides. i don't mean that in a derogatory way, but there's a natural reaction when your business is attacked, and things are out of your control. i think -- my personal feeling is we could adopt the proposed conditions, the new proposed conditions that are here and then see what happens. and that does not mean that your work is done, commissioner falzon, and it does not mean that the report from the sound consultants won't be looked at. personally, i'd like to see that report as soon as possible. maybe that could be a condition

where we get the report first. my personal gut -- sorry that i've gone on and on here, but my gut feeling is this isn't over. it's the dawn of a new time, and we could continue to work on this. i completely agree with commissioner that many as that we can take -- thomas that we can take these measures now and continue to look at them. we can always bring them in here and have a new sound test or do other things. that's completely one -- within our purview, so that's my thoughts on this. >> all right. so i think i'm in agreement. i want to move forward. i think we can act. i do want to point out that a 4 d.b. difference is something you cannot tell with your own

ear. in all the science that i've always heard about sound levels, like, one, two, three, four, even five decibels is not a huge difference. i don't want this characterized that it's, like, this amazing thing that we've setting separate levels, but they're not so large of a difference that i think it's going to solve all our problems? and i say that because what i think will solve our problems is this new type of communication that we have started to open the door around. it's never just been about the numbers. i think you can argue about the numbers, and we can follow policies and fight law around numbers, but the truth is it's about are you willing to come to the table. i think we've been saying this to miss milan the whole time. this is the first time we've

heard you say we're making some progress and i am coming to the table. call me skeptical, but i am not totally fooled here -- or in full belief that this is actually going to work out well because, you know, are you going to buy a hotel room for your neighbors, like, every time you have -- 12 times a year and is that something you're willing to do? is that going to be the resolution? so just to summarize, i'm fine with cleaning up this language and taking things that seem redundant or excessive. i do think we can revisit a sound limiter at another later date. miss milan has always worked against that number and gone beyond that number. i know there was an appeal, and i guess that, but a number is a number we set, and you follow it or not. if you have issues with it, you still follow it until you can prove it's completely wrong. so any way, i think my main point here is i am a skeptic,

and i just want to make that clear. i appreciate that the neighbors are coming to the table. i appreciate that miss milan is coming to the table. i'm not sure what commissioner falzon falzon's thoughts are about coming to the table, but i hope your next presentation is rosier than what we're presenting today. >> well, if we're ready, i'd like to mission a motion -- make a motion to accept the staff's recommendations regarding halcyon, specifically the internal sound limit for the place of entertainment permit stays the same at 116, and the internal sound limit for the extended hours permit from 4:00 to 6:00 a.m. be changed to 112? and that we strike the other

permit conditions, specifically keeping a nightly record of the decibel level and the sound study which has already been accomplished and the sound limiter, that we strike those three in accordance with staff recommendations. >> so i agree with commissioner thomas. just a couple of questions because this was one of the questions that came up during mediation which is why are we striking the existing conditions that we created? i think just to reiterate what commissioner thomas said. first off, we've mediated the issues. number one, i believe it's resolved because of the improved communi improved communication and i don't feel that punitive bo

bookkeeping is needed at this point. i just want to make that comment because i want to make sure that the complainants and the neighbors understand that this is a very thoughtful amendment and we're not just doi doing it haphazardly. i would ask for a friendly amendment that we add that all calendar events are posted, which we all kind of discussed. and i would like to put out there just very quickly, a comment that commissioner tam made about not doing additional hours during the queen creek, and i was wondering if that might get any legs from my fellow commissioners? >> my opinion she wants to -- she says she's agreed to go down to 112 for extended hours. i'd like to see if she holds that, you know promise, because

if it goes, and we still continue to have complaints, then i'm not going to be against putting a sound limiter on their system. so i kind of want to see if she can stick to her 112. now whether it's weekdays or weekends, it's not going to really matter. if the sound person is correct, then it should be okay on the weekdays, as well. but i just want to go back to where we can trust the operator that she will do the right thing, and she's already said she'll lower her d.b. to 112 with extended hours. and then, if we start getting complaints again, we have to go back. >> and maybe complaint's not the right -- but violations, certainly. yeah. does anybody else have any --? >> i would just like to accept the friendly amendment from

commissioner falzon regarding the excellent of events to include all of them. >> yeah. and i just want to say so i do think that -- at least my personal feeling was that when we started this process, that the permit holder was maybe a little more -- defiant's not the right word, but had kind of a contentious feeling about where we were. and i want to believe that the permit holder now wants to work with us. and i do have a healthy skepticism where we were in a situation before where we were in very specific guidelines and the permit holder could not stay in compliance with us. but i do want to state that on the other side, due to commissioner falzon's efforts, what they're doing right now is

extraordinary. having neighbors upset when you didn't tell them about one event -- i'm a business owner. that would be my worst nightmare. this is extraordinary stuff, not to mention putting people up in hotel rooms, which is way, way above and beyond what the general business owner is required to do to conduct business in san francisco. so i just want to point that out. you know, posting a schedule, that's simple stuff. we hope you're able to do it. you know, this is, like -- this is, like, 101 stuff. you can post the schedule. one person can do it on monday. it's done. i personally feel strongly that commissioner falzon's words, and commissioner thomas's words, i'd feel very comfortable with that. i do actually agree with commissioner lee also that now is the time to see if there's any violations, and i think any violations -- we have