memory, as well. i'm calling because i'm the child of immigrants, and the story of immigrants is the story of struggle. my own family faced racism growing up in the community, but i see a glimmer of hope in the movement that's galvanized a call for justice, and i believe the best way to call for justice is to rename the stairway in honor of vicha. thank you so much, and i yield my time. >> clerk: thank you. we have nine listeners and three in the queue. >> hello? >> clerk: hello. go ahead. >> hi. my name is will, and i'm a s.f.

native, and i support the renaming of the sonora lane to the vicha ratanapakdee. i echo a lot of what the previous callers have said, that grandpa vicha has been a catalyst for the community and the stop asian hate movement, and i am in support of this. thank you. >> clerk: thank you for your comment. next caller. >> hi.

i'm [indiscernible] i am also an anza vista resident, and i think that we as a community can heal from all of the aapi hate that's plagued our country. it's been so scary, knowing that that's what's going on. this happened across the street from my house, so please, i support this wholeheartedly. thank you very much. bye. >> clerk: thank you. madam chair, d.t. has confirmed that was the last caller in queue. >> chair melgar: thanks very much, madam clerk. thank you, supervisor stefani, for bringing this to the committee. i hope that if this goes up with a positive recommendation, that there can be a small step of healing for the family of vicha ratanapakdee and

remembering. colleagues, can we have -- >> supervisor stefani: chair melgar, can i say one more thing? >> chair melgar: yes. >> supervisor stefani: i just want to thank commissioner lui and everybody who called in. this street is called sonora lane, but it is a stairwell, so so -- you can pull it up, and it's there. if you could amend the paperwork to reflect 9,000 instead of 7,000, and again, thank you to everyone who called in, and i look forward to your support. >> chair melgar: thank you, supervisor stefani. i saw supervisor peskin raise his hand. are you making a motion to amend? yes, thank you. madam clerk, let's take the motion to amend ad stated onto

the record by supervisor stefani and made by supervisor peskin. >> clerk: on the motion as stated on page 1, line 20, updating 7,000 to 9,000 -- [roll call] >> clerk: chair melgar, you have three ayes. >> chair melgar: thank you. supervisor peskin, did you also move as amended? >> supervisor peskin: i will make a motion to send the item as amended with positive recommendation. >> supervisor melgar: thank you. madam clerk? >> clerk: on the motion as stated -- [roll call] >> clerk: you have three ayes. >> supervisor melgar: thank you so much, madam clerk. the motion passes.

will you please call the next item? >> clerk: yes. item 3 is an ordinance amending the planning code to allow neighborhood serving social service and philanthropic facility uses in chinatown mixed use districts with conditional use authorization, change the provision for abandonment of a use that exceeds a use size maximum in chinatown mixed use districts, change the use size limit and use size maximum in the chinatown community business district, exempt institutional community uses and legacy basis restaurants in chinatown mixed use districts from use size limits, and making the appropriate findings. for those of you listening who would like to make public comment, dial 415-655-0001 and

enter meeting i.d. 2499-311-1928. press pound and pound again, and then star, three to enter the queue. >> chair melgar: thank you. we continued this from last year to allow time for substantive amendments. supervisor peskin? >> supervisor peskin: thank you, chair melgar, for continuing this not once, not twice, but three times, and hopefully, we can send this to the full board with recommendation after public comment. >> supervisor melgar: thank you, supervisor peskin. with that, madam clerk, let's take public comment if there are any. >> clerk: thank you, madam

chair. for those in the queue, please wait until the system indicated you have been unmuted, and for those who have not already done so, press star, three to enter the queue. and it looks like there are no callers in the queue. >> chair melgar: thank you so much. so colleagues, do we have a motion to send this out of committee with a positive recommendation? >> supervisor peskin: so moved. >> chair melgar: madam clerk, can we have a roll call on the item, please. >> clerk: on the motion as stated -- [roll call] >> clerk: you have three ayes. >> chair melgar: thank you. that motion passes. madam clerk, will you please call the next item. >> clerk: yes. item 4 -- actually, there's no item 4.

that completes the business for today. >> chair melgar: thank you. as a friendly reminder, the land use and transportation committee will not be meeting next monday, october 11, 2021, in honor of indigenous peoples day. have a good week, everyone, and we will return to our regular meeting on october 18.

we'll be meeting remotely. various to state, local, and federal order directives. commission members and employees will attend via video conference to the same extent as if they were physically present. public comment will be available on both channel 26 and sfgov tv are streaming the number across the screen. each speaker will be allowed two minutes to speak. opportunities to speak during the public comment using meeting id 4874865950 by calling (169) 900-6833. if calling by phone, dial star 9 to be added to the speaker

line. when your item of interest comes up, you'll be unmuted when it's your turn to speak. please call from a quiet location. alternatively while we recommend you use zoom audio, you may submit written public comment through the chat function on zoom. commissioners and staff are not allowed to comment during questions during public comment. thank you sfgov tv and media services for sharing this meeting with the public. we'll start with a roll call. >> clerk: thank you. [roll call] i will note for the record that commissioner perez is running late and commissioner falzon has an excused absence. >> president: thank you. the first order of business is general public comment. is there any public comment for items that are not listed on

the agenda? >> good evening, commissioners. i am checking right now and i do not see any. >> president: all right. we did notice there is somebody wanting to speak in the chat. >> clerk: i'm sorry. that is isn't anything. when your item is up, you'll be moved into panelist position. >> president: all right. next agenda item is approval of the meeting minutes from the june 15th, 2021, commission meeting. is it june 15th or july 20th? >> clerk: july 20th. >> president: got it. july 20th, 2021, to approve those minutes. is there a motion. >> commissioner: i move to move the minutes. >> president: is there a

second? >> commissioner: second. >> president: please check if there's any public comment on this item. >> no public comment. >> president: roll call vote. >> clerk: [roll call] >> president: all right. congratulations, minutes. you've been approved. the next agenda item number three which is a report from executive director. >> director: good evening, commissioners. it's been awhile since we met. i did want to take an opportunity tonight during my director's report to go over some key findings from our recent industry survey that we worked very diligently on and got a lot of feedback from the commissioner as well as van

hou10 and others in developing that and following up on our surveys from last year. i know you've received an update from dillon recently on september 8th when he sent out some survey results, but i just wanted to do a little bit of a recap on this. so as you know, the purpose of this survey was really to understand the financial and social impacts of the pandemic on the industry and take a closer look at the priorities that has maybe changed since the last time we had the survey in may of 2020. so these findings will continue to inform our work here with the commission as well as what we support in terms of our city's strategies for entertainment moving forward. the sample size, for this amount of survey, we had a little over 163 responsibilities and that's in comparison to 169 from last

year, so very close. most of these responsibilities respondents were business owners. 70% were entertainment holders with 59% of them being place of entertainment permit holders. so i want to highlight a few striking participants for this survey for all of you to continue the financial stability and vul inadvertently and to show that we're not out of the woods yet with this pandemic. 35% of businesses say that they currently have a high amount of concern, a rating 8-10 that they will need to permanently close due to financial impacts. so that's pretty staggering and nearly three quarter of these businesses hold either a place of entertainment or performance in our office. 43% of business owners said my landlord has deferred some or all rent during the pandemic

but i will need to repay it. another said i cannot pay full rent in 2021. for starters, we have shared these survey findings with the office of small business to help inform that implementation of the venue recovery fund and for their fundraising efforts on that including give to sf. dillon and i are meeting with them tomorrow. we can also use these findings to keep driving up advocacy efforts. if the e.c. wanted to put this data into action to support long-term recovery of the industry, we have an opportunity to share these findings as policy makers like we did with our recent letters forwarded to mayor breed and the board. we welcome the guidance moving

forward given this data update for all of you and to dive deeper into those findings, you'll find an attached power point that we've sent out previously and it's in tonight's hearing agenda folder under director's report. let me know now if you have questions and either dillon and i will be happy to answer or you can follow up with us the only other update i have this evening was a brief staffing update. we've been fairly short staffed for quite some time and so we're really expecting to welcome back deputy director office who returned just yesterday and it's already feeling like a huge change for all of us here in the office, so that's really positive and we are moving forward to sell our two vacancies right now. we'll keep you all apprised of

that situation in the coming days and weeks. that is all i have. do you have any questions? okay. and, dillon -- oh, good. commissioner perez is here. great. >> president: i do have a question, is the title that you shared in the drive, is that ready for us to share with other people yet? >> i don't see why not especially since we've brought it to sharing tonight. >> president: any questions? this is a cat by the way, it's not a monster. is there any public comment on this item? >> i'm checking and no hands raised and there are no chats. >> president: all right. we'll close public comment and move along here. the next agenda item is number four which is the report from

senior inspector savino. i think. right. >> yes. thank you president bleiman and good evening, commissioners. it has been a long time since we last met. it's been about two months actually. there's been a lot going on since then. since the last hearing, there have been 176 new sound complaints. entertainment is back in full swing and the city is coming back to life. i've highlighted five businesses to talk about tonight. as always, please let me know if you have any questions once i'm finished. the first business i want to talk about is jackson on filmore in the marina. this position has received numerous noise complaints coming from their outdoor area. now that we have the residential neighbors close by, but more so from the chelsea inn across the street. a notice of violation on august 4th and i'm happy to

report that since then the complaints have toned down a bit. it has proactively reached out to the neighbors and met with the chelsea and management and this has helped a lot. moving forward, i'm going to be working with the business's manager to recondition their permit to include special events which will allow them to host outdoor entertainment with a slightly higher sound limit. we feel this reconditioning will ensure everyone is on the same page and mitigate future sound related issues. the next business i want to talk about is blue light on the marina. last month, during a two-week period numerous complaints about live bands in their park lit. we realize they were not permitted for outdoor music. i was able to hop on a call with the owner and while offering to recondition their permit to allow live bands in the form of special events, the

owner opted to rather just have acoustic bands play out front. since then, we have not received any sound complaints and both the businesses and the neighbors are happy. next up here and another business you're familiar with is cap gardens. this business has consistently received noise complaints but mostly from one specific neighbor. during the last weekend of july, there were five 311 complaints in a row but from three different complainants this time. i was able to visit real time and substantiate the complaints on the business operating above the approved sound limit and on august 5th they were issued a notice of violation. this past weekend, our inspectors fell into another complaint and found that the business operating in

compliance with their approved sound limit. it's determined to be a good neighbor and determined to be in close communication with theirs. quickly, i'd like to mention american vice. just recently, the business has reefed a number of e-mail complaints from neighbors that relate to noise and their application for limited live perform permit. we are going to go over these in more detail when the permit application item is heard. so stand by for that. and, the last business that i want to bring to your attention is edenberg castle on geary street in the tenderloin. this business has been open for the past month, but has received 24 noise complaints since then. it seems the business installed a new sound system and some of the neighbors are not loving it. by the way inspector was able to visit and conduct a sound test. since then, he has visited

every other weekend and found the business in compliance with their sound limit. after much analysis, he believes that the neighbors will still be bothered by the sound frequencies even if the music isn't playing loud. we are working with the business manager to find a solution and we'll continue to visit the business and speak with the complainants as well. as a note, the owner told their staff they plan to install sound curtains which may help mitigate the problem. we're not quite sure though. we will most definitely keep everyone in the loop as this situation unfolds. that's it for now and let me know if you have any questions. yes? >> commissioner: does it seem like the capital complaints were all coming from the same person or the same apartment or does it seem like they're coming from different people? >> there's actually three different complainants. there might be four, but one of of them as the same last name,

different first name, potentially same person. there's one name complaint that has made most of the complaints and the inspector has been in contact with that person and they've reached out to us and now it went to e-mail complaints and it's going through the whole loop. so we'll be visiting again this weekend and working with management and the owners to figure out a solution. >> commissioner: okay. and, another question. i noticed that oracle park concert, was it the green day concert? generated a number of complaints it cost to bernal heights and i see the note that the complaints were forwarded to the venue owner, but, yeah. it's still or again.

has there been any followup? >> they have their own complaint stop line. and they hear their own client checks. it's just one of those things that certain concerts where they do on certain days fly all the way up to bernal heights because of the marine layer or something. so it's one of those where they reached back out to their folks and they apologized and they kind of handle it because they're such a big operation. >> commissioner: oh, i don't know. it's hard to manage. there have been times where we'll go out in the field and we hear it super far away, but not up close. >> commissioner: right. >> commissioner: thank you. >> commissioner: i'm open to any better suggestions about how to better manage that. >> commissioner: i think a lot of us on the commission like those concerts, like ones with my friends like i could hear the concert.

it hits such a broad sweep of geography apparently. >> president: anymore questions? i don't have any specific questions today. any public comment on this agenda item? >> i'm checking and there's none. >> president: let's go ahead and close this. thank you very much senior inspector for your enlightening report. the next agenda item is number five which is update on nightlife and business assistance in response to covid-19. i'm so happy tonight that we have this person here. it's been so long since we heard his voice. saw that beard. it is such a nice beard, i just want everybody to take a moment and get a look at it. i'm having beard envy, ben van

houten. >> thank you, president bleiman and commissioners. i have a short power point i will endeavor to share with you. great. can you all see that? wonderful. so it has been a couple of months since we last talked. some federal state and local updates, a lot of activity happening everywhere. on shutter bayview operators grant program also in the stay bar stages, sba officially closed the application window on august 20th. they are still reviewing some of the last applications to get in before that deadline, but at the high level so far, they've awarded just under $10 billion and around $12,000 awards to

businesses across the country. that $811,000 as an average grant. that's average in terms of mean not median. but i can double check that. in terms of safe san francisco, i looked at the latest update that sba posted and a total of 136 received svog awards totalling $144.5 million. the $10 billion awarded, the program had $16 billion allocated so that there will be cemental awards that sba is in the process of inviting qualified business to apply supplemental awards to the svog program. so it's great. that money has been our lifeline for businesses and

it's really great there will be hopefully more money coming for some of our businesses in need. in terms of the restaurant revitalization fund, efforts remain under way from restaurant advocates to replenish the fund. as a reminder, that grant program for restaurants and bars left about 177,000 applicants unfunded with a total of $43.6 billion in requests. it's really a significant amount of money that was unfunded for a bit through that program. i wanted to offer this slide to dig into the operators grant program a little bit more. i know there's been some discussion at our past hearings and these presentations around getting a better sense of the data around san francisco and the svog program.

our plan definitely is still in need of a more detailed analysis of how svog impacted our entertainment sector and think about all of the layers that businesses have received over the course of the pandemic, but i thought this was an interesting snapshot. this is actually from some august data. so it's not completely up to date, but certainly captures the bulk of the svog allocations. you see san francisco there at number five in terms of the total of millions of dollars awarded to any city in the country with rewards around $260,000 million. data dive and svog into the trillions if you are so inclined. a couple of state updates as

well. the california venues grant program which i think we discussed a little bit of it last time i spoke with all of you. that's $150 million program for grants to independent venues and promoters that was allocated in the state budget this year. that program is going to be administered through the california office of the small business advocate and a requirement will be similar to the shuttered venue operators grant program. the requirements are going to be very similar. the state has said that the application period for that grant program is likely to be october 12th through the 22nd, 2021. so not only is that coming up relatively soon and unfortunately i don't have more information to share on it yet, but we certainly will be working with our venue advocates and with the commission to get information

out about that program given that potential module and i would expect the need for a relatively quick turn around for folks. additionally, on a state legislation front, sb14 and sb319 were both approved by the legislature and await the governor's response. we talked on the 10th to sign legislation. sb389 i should note was amended several times towards the end of the session reinstating several limits from the original draft of the bill. so it was, you know, up until over a month ago the restaurants allowed to deliver beverages. it was only related to

restaurant adding a meal requirement with alcohol sales and only applied to take-out alcohol service, not delivery and it has a five year sunset provision that expires at the end of 2026. so certainly a number of limitations put on that bill at the end of the session. and locally, a couple of updates. the shared spaces program, that legislation was signed by the mayor and ends in july and the permanent application for shared spaces is now live. temporary permits for the program will expire on december 31st. that's important for applicants to submit applications for the permit program and current shared spaces permit holders should look for e-mails about eligibility and other resources. there are updated guidelines

around requirements especially around the park lit curb side spaces which was also recently launched a grant program to report shared spaces as well. there was information about all this that can be found on the shared spaces website. there's actually a webinar tomorrow about the program if anybody's interested. again, go to that website and you can find more information about that. a couple of additional updates on other items. the california commercial eviction moratorium expires on september 30th. our office launched a resources page to help explain what that means as well as some of the local parameters and some local provisions that have been adopted to the moratorium. that is really helpful on all of these fronts for businesses with less than 50 employees. then you have additional time to repay missed rent, but, again, please look at that web

page for more details on all of that. additional requests for identifications for programming partners for sales force park. so the transbay joint powers authority which the park in addition to rf.q. looking for program partners, including music, entertainment, among a wide variety of programming to do the park on a seasonal basis. that r.f.q. ends october 5th so if there are any entertainment producers, bands, performers, other performing groups, check out that for more information there. and then, finally, the small business recovery act. the legislation was adopted by the board of supervisors and sewn into law and we're working closely with the director and the commission staff to make sure that all those reforms are

clear to business owners and, you know, i'm sure we'll have more to circle back with the commission about outreach and other activities there as well. and i think that concludes it. >> president: questions? hey ben, any news on -- i know that the budget committee last week, we all kind of spoke about the fund i guess for people that have been struggling paying the rent for the commercial. any news on it getting funded because i know that they approved it, they just need to get the money in the account; right? >> that's a really good question, commissioner. i would defer to the mayor's

office and also to supervisor safai's office on the latest there. yeah, i know there's been discussion on the creation of the fund, but i agree it's -- i don't have an update for you on the allocation of any money there, but certainly can circle back with the people who would feel better about where that conversation is. >> commissioner: i think they're still pinching it. the last time i talked to supervisor safai, you know, i thought maybe there was some new updates. >> thank you. >> president: are there any other questions? i just want to point out that the other day we were talking about what we're excited about for next year in our working group and i said there's nothing about seeing more live music and van houten says he's excited to see all the data

which is just a resounding, exciting, heart pounding idea that it makes me so happy that he's there and i'm here. so thank you, ben, for all that you do. is there any public comment on this agenda item? >> checking right now. and there is none. >> president: okay. we're going to close this item. thanks again, ben. we look forward with you working to compile that data next year. that's going to be super fun. next item is number six which is hearing and possible action regarding applications for permits under the jurisdiction of the entertainment commission. we will begin with the consent agenda which will be acted on by a single roll call of the commission unless a member of the commission or the public requests to make comment. a consent agenda will not include time for this discussion. and i'll turn it over to the director.

>> director: commissioners. thank you, president bleiman. i'm requesting that the commission vote to move ec-1602d.b.a. american bites. this is a limited live performance permit. i'd like you to move it to the next hearing on october 5th, 2021, in order to provide that time to mediate between the permit applicant and surrounding neighbors regarding recently received letters of protest about ongoing issues about the business. they've also since reached out to supervisors today and so i imagine there's going to be several conversations about this in the next two weeks before we bring this back to hearing. if we could begin with that, we can go back to the remaining consent agenda items. >> president: can you just

remind us if something needs to make a motion, what is the number. >> director: so you could say, you know, i make a motion to move consent agenda item a., ec-1602 to the october 25th, 2021, hearing. >> president: anyone want to give that a shot. >> commissioner: yes. i'll give it a shot. >> go ahead. >> commissioner: i was just going to say so moved. but you know. >> commissioner: seconded. >> president: all right. so i believe that vice president caminong motion to what you said to move, maggie. and is there a second or public comment on this proposal? >> checking right now and there is none. >> president: all right.

and we can have a vote. >> director: okay. that's me. [roll call] >> president: all right. we'll move that item. and now we'll talk about the actual consent. >> director: okay. thank you. so the second permit application and the only remaining permit application on the consent agenda this evening is a limited live performance permit for la cocina municipal marketplace. i encourage everyone to go check it out as i plan to. but there was no opposition to the permit application and the police department recommend approval with no added conditions, so we're simply recommending that the commission approve item b. of

the agenda ec-1603 with the policy. >> commissioner: so moved. >> commissioner: second. >> director: okay. back to you, president bleiman. >> president: sorry. i was on mute. is there any public comment on this agenda item? >> there is none. >> director: okay. >> president: can i have a roll call vote. >> director: sorry. roll call. [roll call] okay. >> president: congratulations to the permittee. please follow up with our staff

as soon as you can for next steps. and, i'll turn things back over to the director again to introduce the next one. >> director: thank you. and i should have said i'm very excited, this is my last time doing this for awhile. so this go back to deputy director and our permittees and applicants should be following up with deputy director first. sot only permit on the regular agenda tonight is for a place of entertainment permit for the clift royal sonesta hotel. it's an up kale barber in the hotel and apple garden which is an adjoining event space for private events. the space will have live music as well as prerecorded music

and are seeking a permit for music every day of the week until 2:00 a.m. in order to accommodate private bookings. in our file, you will see several letters of support, but we did not receive any opposition for this permit application and the police department recommended approval with no added conditions. staff is recommending approval of the good neighbor policy and here to tell you more about the clift tonight is patrick sterling who is the director of food and beverage. >> i'm loading patrick in right now to be a panelist. patrick, let us know when you're in. and you can hear us. >> i think he's muted.

>> patrick, please unmute yourself if you can. we can't hear you. >> there we go. can you hear me now? >> yes. great. thank you. >> director: we can't see you just so you know, patrick. >> okay. my camera is on but you probably won't be able to see me anyway because i'm in the basement of a five-year-old hotel. >> director: we like it. >> okay. i'm patrick sterling, i'm the director of food and beverage at the clift hotel. my general manager's on here somewhere. the history of the clift it's been here over 105 years. most of the people that have met in san francisco have had multiple stories about their times at the redwood room or at the clift. but in case you missed it, we purchased the hotel about three

years ago put about a quarter million dollars into this property and every single facade, every brick on the facade has been redone. every room has been a gut rehab down to the stubs. the redroom has been refreshed with new furniture and we got rid of carpets that didn't smell the proper way. we have the clift paintings that professional restored back in the prior to 2001. we've modernized the entire lobby which you can see they're redone. we want to get the programming in the redwood room again to have different types of live music, djs, select djs, small bands, performance artists, things like that. we're looking to bring back some glamour and night life to the city and the neighborhood while being part of sf.

we've reached out to surrounding businesses and the neighborhood as well and we've gotten good feedback. we just want to get back to where we should be. >> president: awesome. does any of the commissioners want to ask some questions here? >> commissioner: how are you by the way? good to see you patrick. >> good to see you. i'm doing well. i no longer walk by your place with my dog anymore. >> i no longer own the place. >> my dog passed away a couple months ago as well. >> all right. back to business. >> commissioner: i have a question. the redwood room's been there so long. i'm glad you changed the carpet because i don't know how many times it's been spilled on and

otherwise so as the same basic format, i mean the lay-out's the same just some upgrades and cleaning up, basically. right. >> yeah. we have brand new furniture. new paint. paintings back on the walls. the sconces are still the same. the bottom glass lip is no longer there we have a nice marble bar. but only comfortable furniture. not the stuff you've been sitting in for the last 20 years and the nails sticking out of it and things like that. >> president: i'm happy that there's a renovation. i mean, you know there's always good to do a revamp every 10 or 15 years, you know. especially when things are changing. so, great.

i'm looking forward to hanging out there when i get a day off. you're going to be open seven days? >> eventually. right now, we're open friday, saturday, sunday. our hours are 6:00 p.m. to midnight. right now, obviously we know that it's just the neighborhood and tourism in the city is just down to a minimal. so we're kind of limiting our hours and figuring out a way through it to get back to those seven days and have some programming in there at least 3:00 to 4:00. >> commissioner: i think you're running into the same problem that we all have. i get the same issue. i hear they're going to limit the travel restrictions as long as you've got a vaccine. especially in tourism square and north beach and chinatown

really needs it. >> yeah. we hope some of that business travel comes back as well. i know sales force hit a big hit this year. i know jpmorgan is coming this year. >> commissioner: great. well congratulations and i look forward to hanging out there again. >> we look forward to having you. >> president: questions? commissioner perez. >> commissioner: hello. good evening. i see that you have several letters of support from other hotel managers. i was just wondering if you can expand more on your outreach to your resident neighbors or other neighborhood residents, other neighbors that are not necessarily in the hotel industry? >> certainly. what we did is we sent out e-mails to a lot of different businesses in the area, hotels are obviously the first ones to respond because we do have a

great symbiotic relationship with them. i also lived in the neighborhood, so i talked to a lot of the businesses as well. most of them are very much in favor of the clift being populated, it brings a good mix of customers and guests to the area. they also and neighborhoods. it's also a little bit more difficult for us because there wasn't a direct management company to send e-mails to. i did drop letters off in different buildings with people to respond we mail to the city as well as my personal e-mail. also they tend to get backed up with any concerns. but we have not heard anything back. >> commissioner: but if they do happen to have a concern, what would be the process and what is your policy in

responding to those concerns? >> well, we would take every concern very seriously. we'd love to be good neighbors in this area. we've been here for a very long time as well. so, you know, we would take that straight through and we have our own security department internally which is run by our director of security who is a former san francisco detective for 30 years so he knows the neighborhood as well. so we would take that straight through. benjamin is here right now. he's sitting behind me. he's our general manager, and he would be a perfect part of that process. >> commissioner: very good. thank you very much. >> my pleasure. thank you. >> president: any questions? i don't have any specific questions. the clift is such an important part and the redwood room are such an important part of the fabric of the san francisco night life and it's wonderful

to see that they are getting a refresh and we'll have some live music options if we opt to vote in that direction and so i'm excited for this. i've also known patrick know for years and he's anything if he's not a competent professional. so i appreciate the work you do down there and i wish you all the best. is there any public comment on this agenda item? >>. >> president: president bleiman can we flash the slide. all right. i will take it down. all right. i do not see any hands raised or any chats. >> president: all right. then we'll close public comment on this agenda item and we can

have a vote. >> first, we have to have a motion. >> president: i'm sorry. >> commissioner: i motion to approve the permits of the redwood room as long as they run it the same beautiful way that they're running it for all these years. so i motion to grant the permit. >> director: with the good neighbor policy. >> commissioner: with everything, yeah. the good neighbor policy, staff recommendations. i don't think there's a problem with this applicant. >> director: got it. cool. >> president: do we have a second? >> commissioner: seconded. >> president: all right. >> director: all right. [roll call]

>> commissioner: all right you guys. i'm back. aye. >> director: great. thank you. >> president: congratulations patrick, clift. and i think my mof us will come down there and see how it is. >> thank you. look forward to having you. >> president: all right. the next item.

is r.d.r. separate? are there other permits that we're doing? >> director: nope. that was it for that. >> president: fantastic bank account. >> director: for that item. >> president: review and possible action to change the conditions of a just add music permit dbaal's place located at 1499 valencia street. >> director: okay. i'll be presenting this one tonight. we haven't really done this yet, but we're essentially bringing to you tonight things to discuss and potentially amend one of our just add music permits. and so i'll get into the details of that now. so this is for al's place located at 1499 valencia street and the owner has made the

request to come here this evening to you all to potentially receive an extension of their jam permitted hourses. hours. they would like to exceed the allowable hours of six hours a day. they would also like to go past 10:00 p.m. until 12:00 midnight every day they're in operation which is currently wednesday through sunday. it allows them to host pre-recorded amplified sound in their outdoor dining area from 5:30 to 10:00 daily. so it ends right at 10:00. and just to clarify that they do not host entertainment, only prerecorded outdoor amplified sound. i want to mention you have seen

it on our reports. that's why we're addressing this item at tonight's hearing. we have received some complaints. the neighbors who live up stairs from the premises who are also just notably for you all to know the landlord of the entire building. so it was during our investigation of these complaints that we found that al's place was operating outdoor amplified sound past 10:00 p.m. and so actually, what we did there, i don't think they were fully aware of the jam rules and so what we did was educate them around the jam permitted hours that it can exceed six hours a day and that if they wanted to exceed that, they'd have to actually request it from you all. so the owner of al's place, aaron london is here this evening and i had a check-in call with him about an hour along with tony just going over, you know, the complaints so that he was aware of them and he was able to explain to

me that al's place had historically been operating outdoor amplified sound and didn't even know we had a permitting method for it which is pretty knew new, it's only like five years old our ability 0 permit this outdoor sound. given these circumstances and the owners continue operating out door sound, this applicant is requesting specifically that their current condition of 5:30 to 10:00 p.m. daily be changed to wednesdays through sundays from 5:30 to 12:00 a.m. so this is outlined in your memo just so that it's easy for you guys to discuss conditioning and make a motion later. so basically it's outlined as the current conditions as i read. the next level down is what the permittee is requesting which i just outlined wednesdays through sundays until midnight

and then we have another scenario that's listed below that if you wanted to be a little more limited, but still allow for more and that's thursdays and sundays 5:30 to 11:00 so an hour extension and fridays and saturdays 5:30 to midnight. so both scenarios, just wanted to point out for you guys they have offered to turn the sound down to try to help alleviate any central sound issues. they also planned but we're not going to they also agreed to turn off when there is no diners left in the outdoor dining area. i know that's a lot to take in. i'm hoping that the memo was a

tool for you all and i'm going to have dillon bring in aaron london who is the business owner and chef of al's place and he can tell you a little bit more and i also want to tell you there potentially might be public comment on this. >> i just invited aaron london to become a panelist. >> i'm here. how long do i have to speak? >> director: it's kind of up to you, aaron, but probably just a couple of minutes. >> okay. great. first off. thank you very much for taking the time to let me speak and also maggie and antonio, ya'll have been great on the phone and giving me clarifications via e-mail. to just give a small

background, so we took over the space december 1st, 2014. and we have had three outdoor speakers on the wall over the sidewalk ever since and so when maggie just brought up that issue with the complaint and, you know, they came out there and we had the phone call, there wasn't anything where we were in any refusal to comply, we were just under the belief that those three speakers were fine to leave on if we turned off the other five that were in our park lites. maggie explained that it should not be that way and so we immediately began to turn them off at 10:00. so something that we have found very important is having that low level music in our really cool, we have about 30 custom play lists that we use and it's ever growing, but having that as part of the ambiance for our

outdoor guests which is about 50 people is pretty crucial to creating and maintaining that the ambiance they've come to expect at the restaurant. this is important for any restaurant to maintain their ambiance but i think if you remember furthermore trying to struggle out of a pandemic. i know maggie was speaking earlier in this call about this financial position of restaurants. we happen to $743000 in debt including a large i.b.l. loan. it's just really brutal and so it takes a pretty big hit now to have to turn our music off at 10:00. we have guests who sit down at 9:30. there's low music, it sounds nice and 10:00, there's a light switch outside and it's just no music at all. so we would really love if we can be permitted to keep that on a little bit later and i think one thing i'd really like to point out about keeping on

later or keeping until midnight or what those hours would really mean is i think the amount of times it would actually hit midnight is rare. and the amount of times that it would be all eight extearier speakers on until midnight is pretty much nonexistent. it's not going to happen. like maggie was pointing out, we have control of all eight speakers separately. we turn it down greatly as soon as it hits 10:00 p.m. so it's really quiet. there's gentle music in the background and as soon as tables get up from any area under those speakers, we kill the speaker right away and so that changes based on day of the week. it changes based on outdoor temperatures, especially with us going into the winter months, it's going to be less outdoor seating, etc. and i think i guess i'm just trying to illustrate what we're actually using them for as being quite a bit more gentle

than the language of the request. it's not like we're like we're going to do it until midnight and we're going to push that a little bit, it's quite a bit of the opposite. we're looking for that as an outside envelope under which to make sure that we can comply. i think, lastly, i'd say that already do have and currently use and will continue to have really good strong internal mechanisms for how we control and maintain our sound both indoor and outdoor and our speaker system. all of our managers are fully trained on exact times, sound levels. we've got like little label maker labels by the dial that say what time -- what level it goes to at what time. all front house managers have three separate alarm clocks set on their phones leading up to every change time. so, you know, leading up to 10:00 p.m., they have a 9:52 a 9:55 and a 9:58.

a reminder warning them you're about to turn this down. we've got a big laminated sheet in the office beside the control panel that spells out very clearly exactly what occurs at every time throughout the night. so i think that, in the structure we have here is very solid also both myself and my general manager kimberly pretty much answer our phones 24/7 and can be texted by the landlords if there's any issue to reconcile. so, yeah. i think that's what we're trying to achieve here unless you want any other texture on what's been going on with the landlords, we just look forward to being able to do it respectfully and politely use our speakers at a really low level that like maggie said, people aren't going to hear beyond 25'.

i checked that with an app on my phone anyway and i feel like i've read up and down in and out everything in 15.1, 15.2 article 49 and 29 and it's very important to me to follow the rules to the t. and being compliant. i guess that's what i have to say. any questions? i've never done this before so i don't know. >> president: yeah. we'll definitely have some questions. >> okay. great. >> president: yeah. so just hang out here for a bit. any commissioners want to go first here with some thoughts or questions? >> commissioner: aaron, thank you first of all for that context. that was really helpful to understand and it sounds like you've also put in place some good procedures and managerial concerns for mitigating that sound. my question is really, i mean, i've been to al's place many times, i totally understand the environment and bha you capture

out there. it's on a very busy commercial corridor and like a dense area. so i'm just wondering, is it simply the landlords that have had complaints or are there other folks and like what kind of outreach or communications do you have with the neighbors? >> do i answer right away? yeah. okay. cool. yes. so, yes, it's business street admission. restaurant row. 100% of any contact communication issue, complaint, etc. has always been from the landlords and it started 100% exactly coinciding with when the landlords moved up stairs of the restaurant. we had i would say for the first three years, we had one group of tenants. there's three apartments directly above the restaurant.

they were super cool. they stopped in had to say hi. there was no issues and then they moved out and the landlords moved in and at this time, i would say four years ago something like that, they started texting me with some complaints. we went through the whole process of whose jurisdiction and what do we do and finally what we ended up with the police department saying you just need to sit down with the good neighbor and figure this out. so we sat down, we wrote out some kind of rules of what we do at what time etc. and we did that. so that proceeded without a problem without any massive problem. from there until the pandemic closures. it was fine when we re-opened with the park lites. i don't think there was much

problem. i don't think there was much problem and then starting in the first week of july, there is a, you know, kind of lease regarding [inaudible] that occurs between us and the landlord that i won't waste your time with and coincidentally the complaints ramped up kind of spiked right at that time. so anyway that's a long way of me saying that all of my communication is with them and whereas they've said to me before that other tenants above there when i asked the entertainment commission maggie and antonio, it was only the landlords who were the complainants. they used different versions of their name, but it was the same people. >> commissioner: okay. that's helpful if it's isolated to them. >> that's all i'm aware of. >> commissioner: just to give background for any extent of the sound issues.

>> president: questions? commissioner perez. >> commissioner: hi, aaron. good evening. my question is do you also have entertainment inside? >> we have music. it's just spotify that we play. that's it. >> all right. and then so far you've said from your outreach, you've only heard from the tenant directly above you. >> from the landlords. >> commissioner: okay. i have a question to inspector savino or executive director wieland. have we had any other complaints for this particular venue in the past?

>> yes. i believe there are one or two other complainants that came in i want to say about six or nine months ago. i'm actually double checking our enforcement report right now just to be sure. so if you want to just give me one second, i can chime in a moment. >> director: we can come back to you in a second. >> great. i'll keep you posted in just a moment here. >> president: anymore questions? >> president: commissioner perez, are you done. >> commissioner: yeah. that's fine. i just have a follow up question when he comes back to me. i'm okay with coming back to me. thank you. >> commissioner: i have a question. so in four years, have you changed your sound equipment? >> the only time we've changed

sound equipment was when we built the parklits. there was existing speakers, there just wasn't a parklit there. and so when we built the parklit. and that would include the three speakers that are on the exterior south facing wall for our table and chairs section. so those outdoor speakers have never changed nor has the amp, nothing about it has changed except for the addition of the five speakers that are within the parklet structure itself. we have five out there and twelve indoors. the purpose is that so we can play it at a low level creating an ambiance for each person and so we can shut them off when people leave that area. yeah. so no changes to any of our how we run it.

>> commissioner: so the five speakers, now you have eight speakers outside didn't increase the amplifiers in order to run those eight speakers? >> no. so what we did and this is obviously changing with the new parklet guidelines what was just much easier and cost effective is we use sonos speakers in the park lit so they're through wifi and ones for the table and chairs area on the wall are hard wired. those never changed. we didn't have to change the amplifier, we just use wifi speakers out there. so basically spotify talks to our speakers through wifi. so no amplifier involved. there is such thing as a sonos amp that is available, we did not and have not used the sonos amp. >> how do you control the volume? >> from our phone. the sonos app on our house

ipads. >> commissioner: i see. so the three speakers on the wall has a separate control and the parklet speaker has another control, correct? >> yeah. so let me try to give you the most clear possible answer. there's a product i'm trying to remember the name. it connects the sonos -- it's basically like a through between for the hard wired amp and the sonos speakers. and so from the amp, we can play, pause, forward, etc. and that does all speakers hard wired and wifi, but to control the volume, we control the volume from the iphone app and we control for the wifi speakers and the hard wire speakers we control physically from little knobs in the office that we bought in 2014. so it's those knobs that have the label maker labels beside them that shows where the dial is supposed to point at a

certain time. we can also count clicks. but starting a couple years ago, we made it even easier, we just have stickers on there so you just turn it to the sticker, so there's really no question or grey answer. does that answer the question? >> commissioner: yeah. you have control to turn them on and off. so you have three speakers that are on the wall, they stay on all the time. so you're just switching off parklet speakers as guests are leaving. correct? >> not exactly. so the three speakers that are on the wall are for the table and chairs sidewalk seating section. we've had table and chairs there long before the pandemic for many years. so even with those, since they're controllable separately, any time guests would leave a section, we would kill one, kill one and whenever the patio's empty, we just turn it off completely. so that was our existing protocol before the parklets and same deal now with the park

spgs lets. we kill the parklets. we have control over all of them from the office or the app depending which speaker they are. so we have full control and those three were the ones that we were on purpose leaving on past because we thought we were allowed to. we were killing the parklet on but ever since i had the call with maggie and antonio, we began to kill those three speakers as well as the parklit speakers by 10:00 p.m. sharp. that's what we've been doing ever since. >> commissioner: so how long does all eight speakers on? >> meaning until like what time in the night? it's going to be different. wednesday, thursday, sunday is different than friday, saturday normally. it really also depends on weather i would say. we take our final seating of

reservations between 9:15 and 9:45. so for instance wednesday, thursday, and sunday, we might have like five tables or four tables. >> commissioner: what i'm trying to get is the times you're getting the complaints, are you running at eight speakers or are you running at, you know -- [inaudible] without the parklit. i'm wondering whether those extra speakers are adding extra aggravation. >> i would say definitely not. when we were getting the noise complaints after 10:00 p.m. 100% of the time it was only those three speakers because those were the only ones we were leaving on after 10:00 p.m. so it's only from those three. does that answer your question? >> commissioner: okay. that's good to know.

>> okay. >> commissioner: how is the ambiant noise level after 10? does everybody kind of go home and go to sleep after 10? >> no. >> commissioner: do you have a lot of cars. >> yeah. it's the mission. we have cars, 70, 80 desks eating dinner, talking, drinking wine. yeah. it's a very fortunately, you know a busy popular restaurant and it depends what distance you go away what the ambiant level would be. >> commissioner: i'm talking about after 10:00 when your speakers are down to three again, is it quiet at that time or pretty much same outdoor level like really loud? >> again, it depends on the night of the week. i would say on fridays and saturdays, even when there's 0 speakers, there's still guests, you know, there's still 40 guests out there having dinner, talking with each other etc. raising the ambiance there's

more cars driving at that time of night on friday saturday. wednesday, thursday, sunday, we might have four or five tables rather than 16 tables once you get to midnight, you know. yeah. so it's pretty noisy. >> commissioner: okay. >> i mean, it's the mission. >> commissioner: yeah. i just want to chime in again. i looked at the report and it looks like there was only one other complainant who made one complaint back in november 2020 and an additional complaint in may 2021. he's not the complainant that lives up stairs, he who happen to be the landlord. i have had two other conversations, i think it's worth mentioning with the landlords or the main complainants who continue to complain. i spoke to them about nine months ago and explained to them in a long conversation all

the details in the jam permit and i spoke to them about two or three weeks ago and explained everything. and they're more -- they're not actually so much as worried about the volume of the music that's being played or the amplified sound, but more so that it's being played after 10:00 p.m. for them, they understand the rules, they understand hey they're going to have amplified sound, but at 10:00 p.m., they thought it should be cut off and that's where their complaints really come in, but that's about it on that. >> commissioner: no time stamp. they're just complaining it should be off at 10:00? >> yeah. just generally, they live up stairs and it's super close and they're doing their best to, you know, just like any other complainant around the whole city, they want their peace and quiet and they're just looking for that on their end of things. it's not about the volume and just generally that it's on

because they're so close. >> commissioner: yeah. but nobody else around because of the volume and the extra speakers are not really impacting the other neighbors. it's only that one particular neighbor in the building. >> yeah. not so much. no. not so much. >> commissioner: okay. that's kind of what i wanted to know. and so everything is all amplified music, no dj's connected to it. >> no. >> commissioner: you control the volume. >> spotify and the ipads. >> commissioner: okay. thanks. >> thank you. mr. perez, did you have a followup question? >> commissioner: i do. i was going to wait until commissioner lee finishes his questions. >> commissioner: i'm done. >> commissioner: okay. my followup question with inspector tony is those two complaints that you mentioned were they resolved rather quickly or what was the context of that engagement with the

complaint and the business owner? >> you know, again, this happened last november 2020 and around that time, i think a number of complaints across the whole city were just starting, you know, they weren't used to the parklets and the noise coming from the parklets and so i believe that was more so where the complaint was coming from. they weren't used to people being outside. although the business has been there since 2014, i believe probably the parklet was installed somewhere around then because the jam program started in the end of october that came in november. i do think everything got resolved with those rather quickly because there wasn't a followup complaint or anything like that. again, just one from that person in november and then the followup was six months later in may. >> commissioner: very good. thank you very much. i'm happy with that. >> thank you. >> president: other questions

from commissioners? i think you might have gotten into this a little bit. i'm just curious, i've dealt with my fair share of unhappy neighbors because of amplified sound and i'm wondering, did you do any specific speaker test or noise test with the up stairs neighbor where you went speaker by speaker to figure out if maybe there was a speaker or two that was responsible for the brunt of the sound? >> yeah. i can answer that somewhat well. so the only time that we really crossed that bridge was, you know, four or five years ago when there was the first issue of an event. while we didn't go speaker to speaker with the testing device, we kind of played it. they texted us and we figured out what noise level was acceptable and that's when we created those little stickers. so that has to do with the interior twelve speakers and the hard wired ones on the

wall. so we did that process with those. with the outdoor speakers in the parklet, the sonos speakers, we didn't do any further process like that because we, well, for a few reasons, we keep those at the same level we already went through that process with for one but for two, something i just went over, the issue wasn't speaker volume. the issue was those three exterior speakers that we were playing past 10:00. that's what the issue was. it's the fact we were playing them, not the level we were playing them at. and the last thing i'll mention is something he brought up in an e-mail a couple of months ago was that he pointed out that maybe we could move the interior speakers in the dining room farther away from the ceiling with something. they said hey, this isn't our jurisdiction maybe you can move those down and also just to put it out there that is something

i have spoken to landlords about multiple times and i have been very open with them that i'm happily willing to redesign the acoustics of the dining room, move those speakers and -- sorry, are you talking to me? my daughter. but i'm listening. >> okay. i made it clear with them that i'm more than happy. we're going to have to run all speaker wire maybe a pain in the butt. i'm more than happy to do that if they help to offset the cost of that. that is indoor and that's the only really thing that we've discussed and, again, it's not volume that they -- it's not outdoor volume that i've received any complaint about or that i believe that antonio savino have it's purely the fact they think they're supposed to turned off at 10:00. i instructed my managers to keep them on after 10:00 and that's, you know, that's the

nut of it. that's the problem right there. that they thought this is the rules and you're breaking it and i'm not breaking and here's why. either way, it's a mute point. say that again, sorry. okay. cool. >> president: yeah. so, look, it sounds like there's more going on here than us and it sounds like there is a dispute it seems between you and the landlord and that's okay. that happens, but, you know, at the end of the day, if they do want peace and quiet, i would highly recommend looking at speaker placement any time speakers are far away from people. you have to turn them more up. any time they're higher, the sounds going to generally go. sometimes there's a behind the

wall, there's a vent or things that sound travels and, you know, we've found incredible success in just turning off one single speaker and so moving one simple speaker sometimes solves issues and i get you're saying that that's not the problem, but i would highly recommend bringing them closer to the people any chance you can and turning them up -- turning them down and getting individualized speakers which sounds like you have quite a few of them. >> we do. so i mean, within a 56' low parklet space, we have five sonos play one speakers that are sitting at 66" off the ground. so, you know, the guest head is around 50" off the ground. they're right there, they're close to them and there's five of them spread over a 56'

space. i think we're doing what you're talking about especially in the parklet with making those speakers really just be that little area there. i think we're doing a really great job with that. >> president: okay. other questions from the commissioners? >> commissioner: i got a kind of followup one. president bleiman, were you talking about replacing the indoor speakers or the outdoor speakers? >> president: i am saying in general. often times we have found it's a single speaker or two speakers causing more pain for our neighbors than others and when we have moved those speakers or taken them out completely, the neighbors have reported that they can't hear them and we've very often gone up into apartments and done sound tests. i've done that countless times. >> commissioner: it's just speakers playing music or whatever. >> president: yeah. that's not our jurisdiction. but in terms -- but when an

applicant comes before us and the one neighbor upstairs is complaining, we might recommend taking any steps that the applicant has in order to try to rectify the situation whether indoors or outdoors. >> commissioner: yeah. i think the neighbor relationship is important. so, yeah, i get it. you'll have to kind of since you've been doing it. i guess the point what he's making is hey, it doesn't hurt, you know, to try to -- i think i was trying to pinpoint, he's been running it all this time without any issues and suddenly with the parklets, it kind of escalated. that's why i was trying to pinpoint it. is it the number of speakers added to the three speakers that have causing the issue, but it doesn't seem like that's the problem and as the inspector said, it seems like it's more the fact that it's supposed to be off at 10:00,

you know. >> president: i gotcha. are there any other questions for the applicant here? all right. i want to open this up to public comment and see if anybody has comments. aaron, thank you. we may have further questions for you after public comment. but there's no more conversation here other than that unless we call on you. so you can go ahead and mute yourself and just hang out for a bit. >> thank you. >> president: we'll ask questions if we need them. thanks. >> so president bleiman i do not see any hands raised or chats. >> president: maybe you should flash the number and read it out loud in case. you hit star 9. >> yeah. so if you are if you go to the zoom website which is zoom.us you can type in the meeting i.d. 84487465950.

and that will let you in and then please raise your hand once you're in. you can also dial by telephone at 1 (669) 900-6833 and enter the meeting i.d. 84487465950. and then you dial star 9 to raise your hand when you're calling from a phone. >> president: let's just give it about 10 seconds and if nobody calls then nobody calls. all right. still nothing? >> nope. >> president: all right. i'm going to close public comment on this. i think we should have a discussion around this. director weilland, can you

remind us would this be the first jam permit that has adjusted their time to a later time. >> director: this is the first jam permit that i have brought before the commission to potentially recondition past 10:00 p.m., however, i will note that i have issued jam permits past 10:00 p.m. on a one-time basis for places that had precedence. just as a reminder, the jam is being used as our one time outdoor permit to. but, yes, this would be the first ongoing past 10:00 p.m. >> president: got it. and just for the sake of our discussion here, i think it's important to mention there is a memo and it's in the drop box if everybody hasn't pulled it up. in had that memo, there's the request of the applicant and then there's also an alternate possibility that staff has prepared for us. so i think it's important that we all kind of get familiar with that and have a sense what the options on the table might

be if we decide to go forward with something like this. does anybody else have thoughts or comments they want to bring up. i think we would do ourselves a disservice not to bring up any concerns we have now or thoughts, etc. >> director: i feel like i'm fine with reconditioning and making jam permits go longer very much on a case by case basis and make it clear that we're not like i don't want to be setting a precedent wherever jam permit in town comes in front of us to can we get ours

extended, but i am open to extending this one. that was kind of the standard practice and there may be other things motivating this complaint beyond just the sound. so i'm fine with moving forward and lengthening the jam permit for this. i think if we do get flooded with every jam permit wanting to extend it, we may need to sort of rethink how we manage that and either change them overall or just figure out how to manage that. >> commissioner: which option do you like? >> was that for me. >> president: no. aaron, we'll call on you. it's a weird thing about zoom.

you just have to sit there. here, you can just mute yourself and relax, aaron. >> commissioner: i mean, i'm fine with it until midnight all nights of the week. i know we've got sort of it can be until 11:00. but i'm fine with at least starting out with this until midnight. again, it's not clear to me the extent to which these complaints are being motivated by, you know, people being kept up at night as opposed to other things. so, yeah. >> president: director weilland, we had briefly briefed on this topic, but i think it's important also to mention that the jam permits are temporary and are a permanent solution what the ramifications are here. >> director: yeah. this is something i discussed with aaron london as well. you know, you'll all be getting a bigger presentation from us

soon on our plan to roll out the shared spaces permanent program. just as a reminder, jam goes away at the end of the emergency and essentially once shared spaces are permanent, those spaces that are eligible to apply with us to continue forward with jam operations would essentially be applying for one of our brick and mortar permits. in aaron's case, it would likely be a fixed place outdoor amplified sound permit which was created for just this purpose. other wok limited live entertainment with places of outdoor or amendment of one of those, right. something that i did mention to aaron is that in the future if he wants to apply to continue this operation if he has an eligible shared space, he would apply for one of those permits and come before a hearing

again. he'd have to do a public outreach, a public posting. so you could also hear all of this over again and at that point, there may be more data on complaints going relative to these condition changers whatever you decide. i also do want to mention that you all have the ability to make a request of the staff at any point to bring a permit back to hearing for potential reconditioning at your own request if needed. >> president: can you just remind us what the time line is. this is pretty temporary. so essentially if we were to grant this, we would be granting it for a short period of time. >> through this calendar year. we're hoping there's very little lag time between the jam time and the emergency ending and us being able to issue brick and mortar permits, but we have to keep in mind it's going to be a moving target as we figure out which spaces are eligible and we still have to

go through the public posting and noticing and you know that takes like 45 to 60 days to bring them to you. so probably around february. >> president: yeah. that resinates with me too that this is kind of a -- it's not a permanent change here. it's kind of like a test. >> director: yeah. although if there's an apply with the spass. that's what staff would recommend that you just did that or you adopt their current conditions and if there were issues, that would be your moment and have a similar discussion and make a change. >> president: any other thoughts from commissioners before we entertain motions? i mean, we do have two different sets of staff options before us.

>> commissioner: i'm leaning exactly towards what laura said. it sounds like it's pretty isolated other than the one related to the landlord tenant relationship. one other one, it's a very busy corridor, there's a lot going on. i feel pretty comfortable with at least issuing this based on the permit holder are's request to condition changes and if there are issues going forward, we can always bring it back. >> commissioner: i'm also comfortable with that. only also in taking this on a case by case basis and i do appreciate aaron seems to have a really solid plan of really managing the sound with the laminated sheet and the alarm

and all that. he seems to be really conscientious and managing this. i do appreciate that, aaron. so for that reason, i'm leaning towards approving this proposal. >> president: we don't all need to weigh in. it sounds like there's already kind of a -- >> director: would you like a motion, president blieman. >> president: i would. >> commissioner: i move that we recondition this permit that the permit holder is approved to operate outdoor equipment on 1499 valencia street with approved outdoor tables and chairs, permitted locations wednesdays to sundays from 5:30 p.m. to midnight and for all outdoor amplified sound

activities until 10:00 p.m. permit holders shall control the volume of amplified sound at levels of 50' and after 10:00 p.m., the ambiant levels and a distance of 25'. in other words, what's in the staff's memo under permit holder's requested condition changes. >> director: thank you for reading that into the record. >> commissioner: makes up for my so moved earlier today. >> commissioner: i'll second. >> director: okay. do you want me to take a vote? roll call? >> president: yes please. >> director: all right. [roll call]

>> president: all right. so congratulations, aaron. it's been granted. i'll just say a few closing things. first of all, it was voted best restaurant in america and it's kind of came out of nowhere and i think what you've done there is just amazing and i'm happy we can help. i will say that we do not like to get involved in disputes between neighbors and disputes between landlords and tenants. and everyone's different. your landlord did not come today and speak and i think that was a detriment to them because i would have liked to hear what they had to say as well. i would just encourage you between now and permanence to play it very safe on the sound levels and i would also encourage you to do anything you can to go out of your way

to try to figure out how to accommodate them without, you know, sinking your business in the process. you know, all commissions us included, you know, when we hear that somebody's really done everything in their power to try to make something right and that even despite of that one side is not backing down, it's different to us than somebody saying, you know, and i'm not calling you out but saying i'll move the speakers but they have to pay for it. that's a different attitude and i'm not criticizing you. i would just encourage you to kind of think outside the box because you are the tenant, you are the person creating the disturbance. i don't need a response to that. i would just encourage you, when we hear stuff like that, when we hear somebody's done everything they can to accommodate, generally, it's a lot more of a sympathetic ear that you hear from any commission in san francisco.

i'll just throw that out there. congratulations. i'm happy to be a part of this. it's amazing. you've done an amazing job. please follow up with our staff and deputy director asap to get next steps. okay. >> director: it will probably be someone else i think. >> president: follow up with our staff. thank you. >> can i speak real quick? >> president: no that's it. >> i just want to say thank you and i will heed what you said. so i'm done now? >> president: well said. thank you. >> thank you all so much. have a good night. >> president: bye bye. all right. the next agenda item. it's an exciting r.d.r. is number eight cans a discussion and possible action to adopt written comments and/or recommendations to be submitted

by the executive director to the planning department and/or department of building inspection regarding chapter 116 of the administrative code. can you walk us through this. >> yes. of course. good evening, commissioners. i'm going to try to paraphrase this. but the proposed project would replace the existing 144 space car parking garage mixed use project that will consist of two mixed use buildings on a single lot. a five story building facing broadway and a seven story building facing montgomery containing 41 units. approximately 18,000 square feet of designed professional office space and about 5,000 square feet of ground floor retail space fronting both broadway and montgomery streets and then a parking garage with 17 vehicle parking as well as bicycle parking. this is for a new project that

is located on the corner of broadway and montgomery in north beach which is as i said currently an empty parking spot sandwiched between what is a building called crowbar and fame and broadway studios. representatives of the project sponsor have conducted outreach to eight places of entertainment within 300'. those being broadway studios and same venue, vanity which is formerly penthouse club formerly hue. and bamboo hut. and there's been no opposition that we've been made aware of. they did conduct a sound test and calculated multiple sound sources and, again, no nothing alarming that we've been made

aware of. entertainment commission staff reviewed the project's documents and is recommending the following. approval of standard noise conditions and the following additional conditions. window and door shall achieve s.e.c. ratings of 37 on the north side facing broadway street. s.e.c.28 on the east side facing montgomery street and 21 to 34 in vaerd alley. the project sponsors will be able to explain more of this and these recommendations, these specific numbers are coming from their acoustical study. the units with exterior walls facing the broadway studios and famed venue. insulated single assembly with one layer board interior side

and plywood exterior siding. most importantly with a rating of 45. and then, of course, with all r.d.r. projects every unit shall include air conditioning to control temperatures while windows are shut and all future tenants will have to sign a disclosure notice when moving in. here tonight to present on behalf of the project sponsor and answer any questions you might have is ian bershal as well as some of his colleagues. >> i'm going to bring in ian bertshal and his other colleagues momentarily.

so i brought in ian, [inaudible] and. >> yeah, this is the land use manager of the project sponsor. commercial on the residential level. we're in agreement with the staff recommendation and accept our approval. and the staff recommendations and the recommendations from our acoustical consul ant. and i don't know how much more detail you want from us, but we can certainly go forward with the presentation if that's what you prefer to show you the

project and show how it's responsive to the neighborhood and how it will be created. would you like us to go through that presentation. >> so we've seen quite a few of these presentations and the architects are not laser focused on what it is that we really care about. i would love to see the presentation, but specifically around, you know, where the bedrooms, what's the rating on the windows, where do we foresee issues outdoors where people are trying to sleep kind of near facing outdoors, and what internal mitigation you're going to prevent sound from bleeding in to the 90 or 100 different entertainment venues on the block of this project. so some of the other stuff is not, it's kind of immaterial. so sometimes we'll spend 10 minutes while they're telling us about god knows what.

>> right. >> president: i'm just going to tell you right now, he's going to ask you about lighting outdoors. >> it's part of the entertainment now. he doesn't even need to. he codified his question, but go on. >> ian, why don't you take it away. looks like you're on mute. >> yeah. i'll give ian a second if he wants to go ahead. otherwise, i can start with a brief presentation of the project. >> we can hear you now, ian. >> can you hear me? >> yes. >> oakie dokey. i appreciate you want this to be focused on the issues you

want to be focused on and we will try to do that. let me just get my dam computer to respond here. and let me take this to full screen. and are you able to see the screen? >> no. ian, if you prefer, i can share screen and you can tell me next slide and then you can run the presentation. >> okay. fine. go ahead. >> sure. is everybody able to see our screen? >> so, vidhi, you have all of the slide show presentation? >> i do. >> okay. let's roll to the next slide quickly please.

>> sure. >> okay. so i think you're all familiar with the site, basically an l-shaped site. we have elements that are facing montgomery and broadway. next slide, please. this is the aerial view of the project as we're proposing it. this is the building that faces montgomery which is the building on the with the brick facade and we have a portion of the building facing montgomery. next slide, please. so these are the outreach that was done for places of entertainment. this is the text here describes what reactions we've got and i think you have a copy of this, but we have had no objections from anybody associated with the entertainment places within 300'. we've had support, in fact.

next, please. these are just some of the assemblies that we are beginning to -- we will be using. we obviously have got more work to do on the construction projects. but typically the exterior wall and the demising wall between our building and the adjacent building is a 10" gap with a solid concrete wall that's going to give us an stc of 16. next, please. so this is getting down to the nitty-gritty showing you the two buildings and the different stc ratings that are being recommended by our physical consultant for the different portions of the facade. basically, the ones facing broadway will require stc 37. the windows facing the alley closest to the building next

door are stc 34. excuse me. i'm recovering from a cold. and then, the rear facing broadway requirement of 20s 8. >> that's montgomery, not broadway. >> thank you. montgomery. next slide, please. this is a side plan that shows the two buildings. we have pv on the roof of the montgomery building and an outdoor deck facing broadway. next slide. i'm running through as quickly as we can. in the left-hand corner of the slide, you'll see a highlighted area that denoted the floor plan. that will be consistent to the next few slides. so in the large level on the broadway building, we're providing professional office suite with a very light wells at the front and also at the

rear of verdi alley. the montgomery building has parking. next slide, please. again, we're continuing with the professional office space, the montgomery building has retail space facing montgomery and verdi alley, that's the purple and then the lime green is the professional office space. stay there, vidhi, this time. modifying up this floor level broadway, we have the purple area is the retail space we're proposing and we're beginning our first residential units, the light orange is actually a two bedroom unit and the darker color is a clooechlt bedroom unit. we have a mix of 41 units, one hundred fifty-one 50, one-beds.

and this first floor and second floor of the broadway building are containing commercial space and we're elevating the residential units to the higher floors and minimizing as much as we can a number of bedrooms that are facing broadway to deal with the physical environment that broadway can bring. next, please. again, we're moving up to the building to see the various unit types. one bedroom. the light orange is a two bedroom and the darker color is a three bedroom. next, please. and, as we get to the top of the building, the buildings are set back to respect roof lines on both montgomery and broadway and also to provide some

outdoor spaces in some of the upper units. next slide, please. the roof plan for the broadway building indicating outdoor space and plantings and some mechanical equipment. next please. and then the roof of the montgomery building shows the location of pv and mechanical space. next, please. a typical section through the building indicating how things relate to each other and also the various height of the building along broadway set back 55' and next slide, please. actually, could you go back to the last slide? thank you. the two windows at the end of the alley are the windows that we expect to have sound coming

from or noise as the case may be. those windows are currently blocked, but we are proposing a design that allows for them to be opened as it were and not return to windows. so we're taking that into account of possible use of that building and the space behind those windows. next slide. so as we go around a street elevations we're highlighting the svc rating for the various windowsment here on broadway, we've got stc 28 for the areas outlined in blue. next. and in the alley, verdi alley, they are outlined in green, that's faintly outlined, we have an stc of 34. next. and here we have stc 31 and stc

304 in the montgomery building with the windows facing the alley. next slide, please. and, obviously, the buildings facing montgomery and broadway. next slide, please. aerial view looking down on the project. next view. looking into verdi alley and the retail space on the corner of the montgomery building. next slide. aerial view looking in to the alley. next slide, please. and this is the roof deck itself over the top of the broadway building. next slide, please. i think this is the last one and that one we'll leave on the screen while we take your questions. thank you very much for your

time. >> president: do any commissioners have questions? can you unshare the screen? because i can't see everybody. sorry. >> sure. >> it sounds like project sponsors are in agreement with the proposed conditions and that their engineers agreed with that as well. is that correct? >> that's correct. >> president: with the staff recommendation is that just to be clear? okay. >> yes. >> president: in that case, that's a really good point to bring up. let me open this up to public comment and see if we can move this along. >> we have one hand raised from

housing action coalition. >> president: okay. you have two minutes to speak. caller, or zoomer. >> calling in. good evening commissioners, cory smith on behalf of housing action coalition in strong support right before the meeting, i shared supporters getting close to 100 people now. the project is turning parking lots into homes, a significant upgrade. please do what you can to support. thank you. >> president: thank you. all right. is there any more public comment? >> double checking. and i do not see any. >> president: all right. and we're going to close public comment. i think commissioner thomas made a good point here where if the project sponsor seems to be in support or okay with the

recommended staff recommendations, but i do want to see if any other commissioners have any more questions for the project sponsor. anything to bring up? >> commissioner: so just a recap, most of all, the residential are behind the buildings and the new building that's the parking lot is retail and office space, correct? >> yep. that's correct. >> commissioner: and including the penthouse or the balconies above is part of the office space as well or are those residential? >> the roof top use is part of the commercial space, that would be up to the project developer. but the office space at the broadway building, the [inaudible] and top of the montgomery building would be private open space for the residential units facing that open space. >> you kind of broke up a little bit there. so it's really up to the project sponsor ma he wants to do, but in general, it's going

to be a commercial? more use for commercial? correct. >> i'm sorry, you lost me. let me try -- >> commissioner: yeah. you're kind of breaking up so i'm not really hearing everything. >> let me chime in. the roof deck on the broadway building would be for the residents. >> commissioner: so there will be residents on the top of those roof tops. okay. >> yeah. >> commissioner: okay. but they're not living there. >> correct. the top three floors of the broadway building are residentials. the bottom two floors are commercial. >> so there is residential on broadway. >> yes. >> commissioner: okay. >> one thing is there's only six bedrooms facing broadway. there's a minimal number of bedrooms facing broadway and all the rest are facing the alley or montgomery.

>> commissioner: are the bedrooms, windows? is that their bedroom? or is that the living room? >> the units facing broadway have one bedroom with windows directly to the exterior facade and another bedroom that's set back and is called a nested bedroom which is also permitted by code. so it gets its light and ventilation from the mechanical systems and the windows that are facing the street. >> commissioner: okay. so the windows on that are a lot stronger as far as soundproofing goes than the ones obviously required in the back. the reason i'm saying is right now broadway's kind of quiet, but one day, you know, everything's going to come back again and i'm just saying these people up on the top are going to be kind of impacted with noise and, you know, but as long as the s.t.c. rating is strong enough and the windows don't really open, but these

balconies up here, i would assume these are sliding glass doors and would open; correct? >> that's actually not correct. we're talking about a hinged door where we get much of the sound control over the door [inaudible] sliding glass door. >> you're breaking up. i think what you're saying is that the sliding doors would also be s.t.c. rated. >> and they're not sliding doors, most of them are swing doors opening up to the terraces. >> commissioner: okay. so sometimes, you know, we do get complaints for people thinking that they can open their doors, i mean, their windows while we have entertainment going and then they complain. but we do have -- they have to be closed. so i don't know if that should be disclosed in your when you sell these units to the

tenants, you know, if that's in there. anyway. i'm just bringing that up. one other question, if there's no access other than through the building, there's no little alley to cut through from broadway to the back residence is there? it's just completely closed? >> that's right. you would have to on the montgomery. >> commissioner: they would have to go all the way around to get to their units. >> actually, that's not correct. there's an entrance. there are two entrances to the broadway building. one is from the alley and the other one is from the broadway. so it's possible to get to your residential unit from broadway and also from the alley. >> commissioner: but you need a key, right? it's not a little access alley that they could just walk between the buildings? >> no. it's basically an internal lobby to the elevator.

>> commissioner: okay. and i'm assuming you have again adequate lighting to light up broadway underneath. okay. that's all i have. i'm just kind of concerned about those windows on the top floor that, you know, people are going to be watching all the action on broadway, you know, and if there are these multi-million dollar people they might be complaining and your garage entrances on montgomery which i guess is okay, it's better than broadway. all right. that's the only comments i have. >> president: awesome. any other commissioners? all right. we want to entertain some motions here? i can do it. i motion to put forth an

affirmative recommendation for this project including these staff recommendations 1-4 as outlined in our memo. >> commissioner: second. >> president: all right. we can vote. >> director: commissioner thomas, was that you? many. >> commissioner: yes. >> director: then i can take the vote. okay. [roll call] >> president: all right. thank you for coming in, project sponsor and i will say you've put a lot more thought into stc ratings than we're used to hearing. it made our lives a lot easier. >> we have some advice from

antonio. >> president: great. it's getting better. thank you senior director. thank you both for coming in. all right. our final agenda item tonight is commissioners' comments and questions and new business requests for future agenda items. who wants to go? vice president caminong. >> commissioner: thank you. i'd like to take this time to acknowledge how fortunate we are to have a mayor who's a strong supporter of live music, night life and entertainment in our city. san francisco is said to be a world class destination city. i don't believe people leave their hearts in san francisco, they take their hearts and call san francisco home and it's because of our rich story, diverse culture that makes our city extraordinary. our industry, venues and operators were the first to close and the last to open. when pulling our permits, we learned tonight 35% of our