I hope i am not ruining the surprise the report concluded there wont be any impacts on total guests or new residents. The residents in particular are so high up that they are way above any of the entertainment noise. I guess the last thing i will say the Transit Center district plan envisioned the transformation to a 24 hour neighborhood with fantastic opportunities for a full range of uses including entertainment, and we think in this spirit the project with approximately 220 new hotel rooms and 190 new dwelling units in the neighborhood is going to be a real benefit, a real boone to the surrounding places of entertainment. We are thankful they are there and i hope they are going to be equally thank full we will be there. Thanks. I will turn it over to hks to walk you there the design in a little more detail. Good evening. My name is sheabon. Could you move the microphone up. Thank you. Maybe i can hold it for a few minutes here. A couple items about the architectural description. 62 story 800foot tire targeting lead gold rating. It is the first seven stories are public amenities shared including public space and passthrough to the new terminal with the sky bridge at level 7. 108 feet up is the first level of the hotel rooms which spans 10 additional floors and office and mechanical spaces. At 460 feet begins the residential portion of the project. This tower has been designed with a High Performance facade to meet the demandses of weather, climate and noise levels. The system will have class panels, aluminum fins and terracotta that will comprise the skin of the building. In San Francisco the code requires stc rating of 32 which will be met by the components of glazing and Everything Else in the curtain wall. As you will hear in a few minutes here salter has assessed the site and stated the required ratings are adequate to meet the goal of your commission. I am happy to answer any questions. Anything on noise and sound i would gladly turn over to my associate from salter. Are there plans for a restaurant or bar or anything else that might be a place of entertainment in the venue . I will let tj speak to that. The programming for the retail. This will certainly be smaller bars and restaurants inside the hotel. I think the only place where there could potentially be a venue of the type you are getting at would be on thena one ground level. We are a long ways from figures out what will be from. They are small. There certainly wont be a Live Music Venue or nightclub, there may be a smaller bar cafe type uses at that level. It is unlikely there would be any significantly sized places of entertainment. We are happy to see new entertainment and new development. It can make a difference in terms not just impact on places of entertainment outside the proposed development but new ones inside. Thank you. Anything else . I am eric murray with saulters office. Thunder was slightly stolen. We did measurements in early november, friday november 3rd. We had had identified temple, harlot and kate obriens and south side. Temple is the main ple being right next door. We used that to sort of drive our analysis. With that this project was different. When we come to you we have done the environmental noise study and are looking for locations where it needs increased. We havent done the code environmental noise. We are doing this first. As stated largely because the hotel is relatively far above temple and the residents are further above. St c3 2 is the highest hating we need. It is likely this regoing to end up we are going to end up with 32 by itself. The end result with the road studies we might end up with higher ratings to provide more noise reduction for the clubs. You have a fair amount of traffic noise as well . That is what is going to drive the code required windows to be higher than required for the clubs. You have the buses, too, on this side. What is the actual rooms start . What floor . 108 feet level eight or so, i think. It is seven levels of common spaces. The hotel starts at eight. I see that there is a retail next to 540 howard which is good providing it is similar to use like a restaurant or bar. Is there any plans to if it is not a restaurant or bar and some kind of store or i dont know i guess in the future they would have to at least notify the people there could be a little bit of base feeling at night or do you think that is not a problem in that retail space . I will defer to somebody else. I assume the retail and clubs hours wont overlap so much. I am not sure which retail space . 540 howard. There is a retail space next to the lobby. There is a lobby facing howard. That is inside the lobby probably like a, you know, starbucks or some comparable coffee it looks like an entrance on Howard Street. Is there an entrance on Howard Street . If you know that, you know, temple is right in front of that right now. You would have to make arrangements they dont block your retail space. I am concern about that. If it is a bar or restaurant it is cool, it doesnt matter. I think again none of the programs is set in stone for the retail. The intent is some kind of more like a hotel lobby cafe type use. Probably by the time people are lining up to get in temple that will be there. People make money when people are waiting in line. I am just saying in the future think about that wall that connects the two. Anything else i dont see a problem with residents complaining. Again, my think about outside lighting. Make sure the whole street is lit. You have to deal with the entry. The line is going in front of your space and then im sure they are going to complain. They might like it or hate it, i dont know it is a good point and something we will talk to the neighbors next door about. As far as lighting, we havent finalized the lighting plan, just for hotel and resident security, we will have a pretty robust lighting plan at the sidewalk. It is dark right now. There is nothing. There is nothing there right now. It is a staging site, construction site. When this project is built and the projects across the street at 555 howard which is also a Hotel Residential complex, it will completely change the character of the neighborhood and it will be much more activity and much more streetlights and just people. It almost looks like hong kong with the bring and everything going across. Okay. Thanks. Thanks for coming in. Taking over the Historic Building you have this great opportunity to use the most latest technology and material. Are there such a thing as more materials are more soundproof that you are going to utilize for this construction . The facade of the building . The Building Materials in general noise from outside to inside. You have the wall and th and the windows. The windows are the weak link. If we have st c3 2 windows and wall that is 45. You can throw the design at the wall. Noise will come in the window i wonder if the new technology now is more resistant to noise that you are using. Not that im aware of maybe he has more information. At ground level it is a glass facade. Above the first couple levels where the structure, the Main Building structure begins, it is actually not just entirely Glass Building like a lot of the newer high rise buildings in San Francisco. There is actually some, you know, sollied opaque building solid opaque building wall. To erics point that helps a little bit. Beyond the sound rating will be driven primarily by code and by the proximity to the terminal which you have pointed out is unusually noisy use. When you did the sound test were you able to go to 800 feet . We were not, no. The way we did it in the way the analysis is done for the reports we get the worst case from the club would be straight off the roof to the proposed new facade. From there the club to stay within the ordinance is 8decibels dba. We take that and drop off the noise with distance as it goes up the building. Plus or minus 10 fight from temple. The hotel rooms were 70 to 80 feet above that. You get a good noise dropoff. When you go to the residential level there is more of a dropoff. Any other questions from the commissioners . Any Public Comment . Any discussion, motions . I am happy to make a motion. I move to approve the standard planning with the standard set of recommendations is there a second . I will second it. Commissioner lee. roll call congratulations. Next up is item number nine. Review and possible action to change the conditions on the place of Entertainment Permit for permit no. 953 for hugh at 447 broadway. At the request of the permittee. This is an item commissioners that was before us previously. We placed conditions and they are coming back to ask us to modify those. I know you know the background. They did come to our hearing. Then we went to board of appeals, and at that time they upheld our decision and they have been operating under midnight cutoff for entertainment since july and, you know, it was within their purview to request to come to hearing prior to the six month mark we set for them. I sent this request officially in writing to president tan who approved they could come to hearing earlier. You will see the request here in the email in regard to tonights hearing from robert bloom, who is here representing the owner from hugh. You will see in the file an enforcement timeline so you can get a good gauge of what he has observed and received in terms of complaints since july 27th of this year up until current. You know any supporting documentation comes after that. Finally you will see in the file submission from officer math m. He provided me what you are looking at there with the cad reports. He can speak in more depth to you this evening on what you are taking a look at there. This afternoon i received a note from sonny in the back of your file. Finally i wanted to say that i will take the fall here. I wasnt very great at communicating about this hearing to top of broadway so i apologize for that. I do see they are here this evening an and will likely spean Public Comment. I am robert bloom, attorney for mr. Montoya and his wife karen king, his partner, and for the club itself. Are we okay . Yes, thank you. Please start over. I am robert bloom. I am an attorney for mr. Montoya and miss king and his partner and the club itself hue. Thank you for hearing us and indulging what i hope is my temporary incapacity. Pipe surgery and spine surgery. I am in a necktie. Let me just begin by saying that the midnight limitation is in place for six months. So far as i can understand both from mr. Montoya and miss king and from what i have seen from officer mathias submission and my discussions with miss wyland my clients are in full compliance with the midnight condition is the limitation that has been in place since jun june 6th. There is more to say but i will leave that for your questions if you have any or to respond to the officer if he offers something, but several things have happened. As i say he is in full compliance with the midnight limitation. He has also been put in place i think it was called a noise limiter that even if the dj decide to crank up the music there is an upper limit on the voluming. There has been also he has put in place, mr. Montoya, staggered closing provision. He has also stepped down the music and also adjusted the lighting so the exit and as you know there are about 10 club on the block, probably the busiest entertainment block in the city. Mr. Montoya has done everything he can to manage this in a busy over worked entertainment area. Previous captains there have been four captains prior to 2014. There have been no reports or warnings or citations, and he is as described by a number of Police Officers cooperative, friendly, easy to get along with, and he is doing his best to operate this club in a way that serves the community and serves the interests of the broadway community. Let me just leave it at that for the moment. I would be happy to entertain any questions. Mr. Montoya is here to answer questions. Commissioner lee. Mr. Bloom, the reason why, you know pretty much this whole situation is noise. There has been a number of complaints especially in the alley, and i think and since i have been a commissioner the atmosphere before has a history of cooperation and it was working with the cb d and with the previous captains and there was a lot every train from of the retrain from tickets and they promised to do a lot of things for broadway. It got to us finally at a point where there is always talk but no action. What i understand is the situation i have been in the situation in my previous business before. I know what the impact is. At the same time, and i think you heard how much we put an emphasis on sound and neighbors. That is always my issue at my previous business. I have a person in the alley right next to my previous business, and to have a relationship is one thing. To have action. What i see here is, i see your request and i see Everything Else. I dont see any sound study. Other than a limiter, i havent seen an outside consultant to till us where the leaks are coming from. Let me finish. If you want us to change our position, i would like to see data. There is no data here. Second thing is again we have to hear from the there are neighbors here or problems. It is a busy street. The board of appeals supported our findings and lowered the ambient level. Inspector burke can address that. He went out and gave a new sound test. We have that here as part of the new permit they sign on board and have been in compliance with. Let me just go over the data. The only data are the complaints from the diamonds. Obviously, we like to hear from more than one person. At the same time we know how people are intimidated to make complaints. We have to kind of weigh things out here. What i am lacking is data. It would be great if he had a sound study done. Why are we still getting complaints . Limitters work good but they can be adjusted. Our inspector is not going to stay all night to monitor the sound. The thing is once things are fixed and correct. It doesnt matter if they have a limit or not. That is my opinion. At this point and i think i had this discussion with bennett before. I would like to see some sound data that things are actually where are the leaks coming from . Why are we still getting complaints . From what i understand inspector burke there are six or seven condos in the area, one of which is occupied by the diamonds. It seems to me from what i read and the officers submission the only people to complain in those six or seven condo owners are the diamonds. As i understand and i have nothing against the diamonds they are entitled to peace and peacefulness. When they moved in there, they did not have any children. Now they have children. What may have been or was not an issue before may be an issue for them. Each time they complain as i understand it inspector burke has gone out and done an exercise of his expertise and found that hugh has been in compliance. On one occasion the club next door the name which escapes me had an open door. It might well have been the sound was coming from that facility rather than hue. Again, i dont in any way mean to minimize or downgrade the rights of the Diamond Family to live in peace and quiet, but i think inspector burke, as i understand has been at this quite some time and knows what he is doing. I know you have heard from him and he is obviously available here. It might be helpful to hear from him. I would like bennett todres the question that you raise about what if anything has been done . I know there is baffling and sound work on the doorway area. Let him address that. We probably have heard this many times. Bennett has been here. There is never anything in writing. I hear. We hear what he says has been done, and again that is fine. If he has done it, great. It seems to come back to us. If we had something in writing saying these things have been done and mitigated, it would actually make me feel better because we do have to report to the public, you know, and he has been cooperative and he is a great, he talks to the cb d and everybody goes along. It is going on so long. After the last renovation they did some work. We are still getting complaints. I am saying this is my opinion that i like to have data rather than what he is telling us. It is recorded, but anyway that is where i am at on that. Lets hear from mr. Montoya. We have been operating our business for overcoming up to a decade now. We have done numerous sound improvements. Also when i was in front of you guys back in july or june, i believe, we had that is when i reported four different sound consultants come out and that they went to the alley of the area where the most of the complaints were coming from from the diamonds. They were all kind of surprised about the noise levels. They did make recommendations of what can be done. Since then over the 10 years we have done so many sound improvements and the renovation you brought up commissioner lee to the alley and the newest renovation, double sheetrock and the most recent one since last time i appeared in front of you guys was that our raptors on the ceiling we added soundproofing material there as well. The things on holdup right now are outside material that needs to get approved by the landlord and the property management. We are still waiting for that approval. When that is approved we get that up as well. I would like to mention as well that i do communicate with the 20 plus units that are above us directly in our building, and with no complaints coming from them. Those are directly in our same building. To go along with that as well that i have always been in compliance and i understand the limiters can be adjusted. We dont adjust our limitters. Those are set. Entertainment commission by numerous inspectors over the 10 years have come out and found us to be in compliance. I think inspector burkes report shows that two times there was a complaint he went out the same night and found us to be in compliance to the levels set by Entertainment Commission or by the board of appeals we abide by all of those. We are still in compliance with that. As far as any other questions as far as i would like to add that we have been keeping track of our data as far as the venues usually not open all of the time on broadway especially two right next to us and one across the street we have noticed a trend of when there are complaints that those venues are open when they usually arent open and also in one of the inspector burkes report it also mentions that one of them was open when the complaint came in, and the alley door was open. Not only is the alley both of our responsibilities and everyone on b