Thursday to saturday ending at 11 00, and friday and saturday ending to 2 00 a. M. I second. A friendly amendment, doesnt it say sunday to thursday at 11 00 . Im sorry. I thought he said and friday and saturday until 2 00 . Yeah, thats what i meant. I second that. All right. Any conversations . All right. Then lets move for a vote. So thats the only condition. The other condition thats on there, we did not talk about. Well, 12 no, no, no, there is another kind of silly. That beer and liquor must go through yeah, thats a lengthy issue. If you guys are okay with it, thats okay with me. Well, we have to vote. Okay. Move for a vote. I actually agree with supervisor lee i mean, commissioner lee. Lets take a vote. Who was the second . Commissioner frost. All right. Heres the vote. [ roll call. ] okay. It passes. All right. So that that passed. You have your permit, but please take our concerns seriously and the concerns of the supervisor, and we very much hope that we dont have to have you back here at any time, really, but certainly not within the next six months. So please be a good operator and take care of your neighbors. Sure will. Thank you. Okay. That is agenda item number 7. Moving onto agenda item number 8, discussion and possible action to adopt written comments and recommendations to be submitted to the Planning Department regarding a proposed residential project. This is our rdr calendar. Director weiland. This is an rdr for 1525 pine street, and this is for a proposed residential and retail project. If you will recall, this is also the same address as grubstake, which is an extended hours premises permit, so you will see the owner of grubstake here, nick piggett. This is located within 300 feet of play land, which is a permitted place of entertainment. We just have a quick overview of the project. Gr okay. Great. Good evening, commissioners. Alexis peloni. The project sponsors asked that i give just a brief overview of the project before i turn it over to randy walldeck. Hell talk about the akucoustil analysis. Its the Current Location of the grubstake, and as noted, the sponsors are the current owner of the grubstake restaurant. Theyre proposing to demolish the existing cable car system and replace it with a residential unit. The project sponsor also intends to replace grubstake on the site and has promised a design that will hpay homage t the old cable car. Its frontages is on both payne and auste and austin. There is one bedroom on pine or austin, and the remaining bedroom will open on a proposed light well adjacent to the well. On the fifth floor, the billion steps back a little bit, and there is a deck for the fifth floor residents, and on each floor, theres at least one bedroom that will open onto pine street or austin alley. So this just quickly shows the ground floor and what the refurbished grubstake will look like. Here, again, you can see the cable car theme that will run through the proposed development. And then finally, and most important to the matter before the commission is the exhibit that shows the proposed project in relation to the two venues. That is the reason why were here. So before turning it over to randy again who will discuss the acoustical analysis, the owners have reached out to holidayinn and play land. Play land did not express any concerns or put anything in writing, but in general, they are supportive of the proposal, and im going to turn it over to randy to talk about the acoustical analysis. Thank you. Again, im randy walldeck with the cfda here in san francisco. I did the acoustical analysis with my staff, and that consists of kind of a standard acoustical analysis, and you measure not just during the week to see how noisy it is but also over the weekend. So we did that. We measured in october, starting on october 19th, which is actually a thursday, and we ran the measurements through monday, the following monday. So we picked up all the weekend hours. Obviously, as she mentioned, theres a couple bars close by, but not right next door. Long story short, what we found, noise levels arent that much different on a friday versus a weekday, and a lot of that reason its on paine street, and pine streets pretty noisy to begin with. We did do the measurements for almost 96 hours. We then the little small i think we got it flipped. But we did a measurement on pine, which is in blue, and we did a measurement on austin alley, as well. Obviously, pine street is the noisy one. Just to give you an idea, i super imposed the mitigation what will be on pine street for the windows and facade element. At the restaurant level, you do have some requirements from cal green to protect it from noise. Obviously, the residences what matter, and that calculated out to an sd42. The max windows you can buy these days is a 50, so youre pretty high up on the ratings. Again, theres some over night noise, but its just pine streets busy, and youve got all these businesses bouncing the noise back. Im happy to answer any questions about the study, and i dont know if it was submitted, but im happy to supervise it, as we provide it, as well. Any questions from the commissioners . Yes, commissioner perez . Hi. Thanks for coming in. So right now, i dont think the restaurant on the ground floor has a permit an Entertainment Permit . They do, an extended hours permit. So are you doing any additional soundproofing between the first levels and the rest of the floors . Yeah, we didnt gotten there yet, but the part of my scope is of course dealing with what we call architectural acoustics, so we will be dealing with that, absolutely. But youre not running entertainment, youre just serving food, food late, right . But in the future, they might potentially do limited live. We dont know. Yeah, later. And i guess theres no are there windows facing the grubstake is entertaining on its own without needs for a permit. Are there windows facing polk, or it looks like its just wall, right, wall with a light well . A number of the upper units will have facing windows. But theyre not facing up above the roof line . They are. They are . Polk . Folk. Any other questions . Im just no, im just. Oh, yeah, ill acll get that. So the you know what the obviously, say, the windows on the upper portion above the roof line, youre going to probably do standard 50 what were you thinking for the windows . I got it. The windows and the light well, i didnt include all the stc ratings. The light wells are the mid30s for the light well windows. 30s . cause theyre not the thought process behind that is the exposures similar to the meter that was on the alley because it had line of sight to polk from the alley. We typically do a pretty good model to be sure. And these windows, can they open the windows . If there are bedrooms, they have to be probabop rabl. Operable. Okay. So any bedroom or living room has to be operable for egress. And the okay. The full disclosure of being that its kind of not officially entertainment zone, but the people who buy will know that theres going to be a lot of verbal noise from people at 2 00 in the morning. Itll be rental units, and our intention is to hold the building, so we have all of those thoughts in mind because theyll be our tenants. A lot of times, tenants will complain with their windows open, and then, we get a flood of complaints. We can only justify if the windows are closed, so as long as you know that. So a couple comments, and we havent gotten to it, but any project that we work on like this where were in a noisy area, we always acknowledge part of the lease language acknowledge what theyre signing into, so its made clear to them, when their windows are closed, theyre still getting fresh air. As long as they know what theyre getting into. We just want to make it clear that theres no future complaints. We got a lot of these future complaints. And then, the lighting, you do have a lighting plan on the outside of the building to keep the sidewalk or in front of the building welllit, part of the plan . Not yet. Okay. Can you put that in part of the plan . Sure. We usually recommend that, especially when theres a lot of people walking around. Great. Absolutely. Any other he requesquestion commissioners . All right. Thank you. Is there any Public Comment on this item . Thank you. No Public Comment . Public comment is closed. Commissioners. Well, i move to approve the or make recommendation to planning. I want to see them have a lighting plan instead. They are planning on telling the tenants that they are moving into a little bit of a noisy neighborhood, and if they keep their windows open, theyre not going to take likely to take a serious complaint if their windows are open. Anything else that i missed . No. I think thats it. All right. That was a motion. Was there a second . I second. And a second. We move to a vote . Okay. [ roll call. ] all right. Congratulations. Im very sad to see the grubstake close. A lot of history in the spot. Itll be coming back. The neighborhood wont be the same, but itll be exciting. Thank you. Okay. Thank you. Thats item number 8. Item number 9, review and possible change the conditions for hue, located at 447 broadway. Okay. Commissioners, if you take a look in your file, theres a pretty hefty amount of paperwork. Everything from our previous hearing is reincluded, and the front of the paperwork, you will see documents from the entertainment commission. Basically, the permit as it stands so 235far, the affidavi from the board of appeals so you can reference that as its in the permit, hues timeline as the inspector has updated. Administrator timeline, and in the back is the new sound abatement test results, new from august that theyve been complying with based on the board of appeals decision. And then there are a decent amount of documents here from mr. Montoya, as you had requested, in regard to their soundproofing and sound mitigation plan, and then, theres a lot of letters in there of support that were really from previous hearings, the board of appeals hearing that they had gathered. Youll then see newer documents from the police department. So i know its a lot to go through. Theres also letters from the neighbors, the diamonds, in particular, as well as dominick lemandry from the cbd, so let me know if you have any questions from that. Just to refresh your memory from our previous hearing when we had to continue this, the permitee was asked to come back to commission today, you know, with a letter of recommendation including data from an independent sound expert or company. The sound mitigation plan, provide copies of that plan and notification to the neighbors, and also documentation in writing of security management. So here to discuss a little bit more is mr. Bloom and mr. Montoya. [ inaudible ] thank you. Thank you. My name is robert bloom, and good evening, commissioners, and good evening, staff, and thank you for hearing this. And i ask your indulgence of my limitation now. I had surgery, and my right leg isnt working so well. And also impacts how im able to dress. So forgive my semi formality. Ill try to be brief because i know youre familiar with the circumstances, but there are some things i would like to highlight. Mr. Montoya and his wife, karen king, opened this club. First, it was named atmosphere, for several years, in 2008, nearly ten years ago. I believe the record will show that hes a responsible and responsive owner. Hes a good neighbor, and he does care about the community, and he does care about the neighbors. For a period, there were four successive captains in the central station. For a period of four years, there were no violations, no warnings, no problems. Beginning in 2014, new captain took charge of the central station, captain lozar. That led to some problems, and im not going to go into the details unless, of course, you want to know about them. Im happy to tell you about them. As a result of some of the actions of captain lozar and again, im not going to go into them this commission was given information that there were a number of violations. There were evidentiary hearings before an Administrative Law judge in the context of an abc hearing. Of the 52 alleged violations, eventually, the appeals board of the abc found that 4. 5 of the 52 were sustainable less than 10 . 8. 5 . They recommended no punishment. Found it was not a disorderly house, and there have been other proceedings, however, other proceedings are pending. I believe its fair to say that one of the, perhaps the most important and most Significant Impact before this commission was the fact that there were some 52 allegations. Let me backtrack. One of the things that captain lozar did is he stationed a manned police car either directly in front of the club or directly across the street from the club. One of the consequences of that is whether there was any activity, fights, disorderly conduct, anywhere on that block, the very busy 400 block of broadway, the complaint to cad was attributed to this club. I believe that was an important factor, and the findings of the Administrative Law judge and the abc appeals board rejected almost all of those complaints. Excuse me one second. As a result in june, and then, effective in july, this Commission Limited live music after midnight i will tell t. I will tell the commissioners, and surely, you can understand, it has been devastating to the business of this club. The reason i attached or represented to the Commission Six or eight letters of support from the African American chamber of commerce, from the naacp, and a number of organizations who have been served by this club, by mr. Montoya, by his wife, and weve donated time and donated moneys from this club. He is indeed, a good neighbor, and this club is a good neighbor. When we were here last month, on the 5th, particularly commissioner lee, had a couple of particular issues. And one was noise and two was relationship with the neighbors im summarizing. There has been significant progress with regard to noise issues, and within the packet, miss weiland is work that has been done by a highly respected sound engineer, kevin connor, and his cv and other information with and other aspects of his credentials are presented are before you. His company is known as bay city, and theres an invoice that is before you. Most recently, the work was done as recently as five days ago, and mr. Montoya can give you more particulars of that. Kevin is not here. He is unable to make it because of other employment engagements, but he 134submitta report, and the report is before you as to the work that has been done. I to the extent that there are further details with regard to noise abatement, i would defer to mr. Montoya, who is obviously here, as are other people, who will identify themselves as they speak. So let me leave the noise issue for a moment and address the neighbor issues. I notice that in connection with a different issue, two of the commissioners, commissioner frost, and i believe it was commissioner perez im not sure and at one point, miss weiland asked if there was comment, is it one person complaining . And we found in this case, although there are people who chose to buy condos within walking distance, 20 yards, 20 steps of ten clubs, only one of the prime and i understand it to be somewhere between five and eight other condo owners, the only condo owners who complained are mr. And mrs. Diamond. Whatever their reasons for complaining, i dont question, i dont have any information. I dont question their motivations, but its curious, and ive noted with interest that, as i mentioned, that the question regarding other clubs and other issues isnt one complainant, and we really hold there, too, its husband and wife. And i would ask the commission to take note of that. Now they called theyve called inspector burke on a number of occasions, and he went out, and he found in terms of noise complaints, the club was operating within the complainant levels. I want to interrupt myself and go back. When the midnight limitation was imposed on the club, total compliance. At no time has there been any complaint that theres been any type of Live Entertainment that has took place after midnight. Its been very costly to their patronage. Both their patronage and their corporations of private rentals, particularly during the holidays, its been devastating. But despite the devastation, mr. Montoya and his wife and the club have been 100 compliant on the limitation that was imposed upon them last summer. Back to the neighbor issue. Mr. Mr. Montoya has send two, maybe three emails to the diamond family, explaining the work that has been done, explaining the ongoing work, and explaining what needs to be done. The club and mr. Montoya, and miss king, his wife, with a positive force in this culture, in this community, of the endorsements, if you want to call them that, before you, attest to that. Its not just organizations that are well known, like the African American naacp, and the African American i correct myself, naacp, and the African American chamber of commerce, but there are smaller organizations that have benefited by the use of this club and by the input of mr. Montoya and miss king. One last thing, my third point, also, i have submitted some recent reports. None of them are of any significance. I think it was they were missi missing two cases of missing cell phones, which was resolved. In fact, the Security Force at the club, if a woman were to leave a purse or pocketbook hanging on a chair, they will take the purse, put it behind the bar, and when the woman comes and asks for it, there it is. Theyve done their best to avoid those kinds of situations. Its a responsible Security Organization and theres a representative here who can speak to that if the commissioners want to hear. There is one issue that id like to defer to mr. Montoya. There was a violation, and i am less informed and less coerceant with the details with the violation. I think the actual violation was on the 24th, and the actually violation was issued on the 27th. I feel that i cant present an adequate detailed explanation of what happened there, but i would call on mr. Montoya to address the commission about that, please. If you guys have questions about that, i could address that. As far as Everything Else goes with the sound improvements that weve done, i can go into detail with that, as well. Weve seen a significant drop in the decembibel levels that weve done with our alley rolling doors, which are three doors. Weve also done a sound study, as well that weve got a lot of information of just on the broadway street that were at. Youre talking about Kevin Oconnors email . Im sorry. I didnt hear the question. Could you say it again . Im sorry. I sai