in response to the community concerns the inspire had stricter formula retails we requested the board of supervisors to hold off on new formula retail legislation so supervisor breed accommodated that and held the two mitigating since june of 2013, the planning report is completed and the new elective is moving forward to this committee supervisor breed is satisfied with the report and optimistic of the citywide legislation she's removed the mcd legislation and so all of that let me discuss what the ordinances do those two mcds allow commercial uses and encourage diverse modes of transportation and create a

framework to there will the unique needs and atmosphere they're looking to foster their feel establishing the neighborhood are commercial districts is an important part of the plans to create corridors let me get into the details the proposed mcd runs 12 comblokz blocks from hate to aquifer and it will replace the r u t and that runs from hate to geary it is home to businesses like missouri joe's and the oasis cafe it's a vibrate mixed use corridor the mcd legislation will permit the uses on the seconds floor and it protects

existing housing and encourages new houses whites preserving the wrashgd and removes the alcohol restrictive use and for the new mooukd and removes the type of alcohol that be sold and they maintain the prohibition on the finance and cash cords and provide a 5 foot height for 50 x that allows for the ground floor uses and defaults to the pending now a citywide policies regarding formula retail use formula retail the city has a formative the processes will be followed as other mcd and general code clean up recommended by tom and deputy

city attorney i'm not sure they understand but confident they do chair if you want to have me talk about the fillmore commercial districts runs from mccarthy and is home to the 13 home restaurant and she by a launch the familiar restaurants and boom, boom room and where supervisor breed grew up and spent time under the redevelopment agency with the shopping and entertainment and cultural hot spot this attacks folks the planning department outlined it i'll read a portion of the report this neighborhood was under the authority of the redevelopment agency and this is

a concentrated period in the early 80s and 90s while the development kept the diversity they didn't say maintain the historic evergreen commercial spaces and further the neighborhood under a went another jazz district and in many ways this was successful in bringing the night life activity to the area, however, the street suffers creating a named mcd for the first name is an important street to help with the vigilant to further build upon it's identity this proprieties commercial uses on the second floor and encourages now a housing and prohibits housing on the second and third floors and provides the same height for the

zoning and it defaults to the now a citywide policies regarding formula retail there is a new process in japantown on the other side of endearing with the mcd likely coming there wer78 careful not to provide any mcds on the japantown this is a thorough consultation with the community they'll serve we didn't ask individual merchant eros owns but want to thank the merchant division and from the fill more light go dprigs deviation and any provision about height or signage those mcds will create a vehicle for merchant to help to shape the future of the neighborhoods thank you committee members i'm here to asking answer questions.

>> thank you mr. johnson. >> okay probably too thorough. >> thank you make sure that mention that to supervisor breed. >> (laughter) does the planning department wish to present on this or - and diego there are thirty mcds in the city including the broadway and the hate those types of districts as mentioned allow for commandment of the characterizations of the neighborhood in general the departments approach with the xhurl commercial district is regarding the mcd the proposal to establish one was heard on november 9, 2012, and voted by the planning commission to recommend with approval

modifications we thank the supervisor for incorporating the recommendations arrest regarding the fillmore street mcd this was harder also on november 29, 2012, and was voted to approve with modifications and very grateful to be behind this in support of two mcds as we step forward that concludes my presentation. thank you. >> okay. at this point, we'll open up items two and three to public comment i have one public comment card. >> (calling names). >> good afternoon, supervisors tom with the littleable city thank you to supervisor breed and connecticut nor for all their work not only talking to

the community but creating some nuance in the commercial districts those commercials are m-3 c and 2 their controls we can do planning code changes that make sense and you've heard about those some of the changes i think makes sense in other neighborhood commercial districts one example is in the fillmore mcd that allows the philanthropic services that is a term for nonprofit organization to locate on the second floor so someone runs a small nonprofit we're not where the nonprofits are we're getting chased out by the higher rent so not on the ground floor where the uses are but on the second floor makes sense other thing that connecticut nor mentioned in the district

there's recent a lot of uses on the first floor few buildings not had a residential use on the first year but the problem is i couldn't have those on the retail use but if you have no commercial use we have a bringing building it should be residential you can build it to residential standards but the ground floor are ill sued to second floor they have a commercial use this will provide flexibility so we encourage you to support those ordinances today to the full board. >> thank you very much. is there any additional public comment commissioner. >> good afternoon, supervisors i'm ms. white here on behalf of

the fillmore association i want to thank supervisor breed and other supervisors it's been a long time come we're in support of the mcd this will allow consideration for your neighborhood this is a great step to promote our unique cultural and film in our neighborhood we voluntary a lot of going on and the timing is great we knew that was coming into the neighborhood i ask you support this legislation today. >> thank you very much. is there any additional public comment yes, it is. >> ace washington i'm hoping to get more than 2 minutes this supervisor you're talking about the fillmore you're talking about the field no month i'm not aware i'm surprised i wasn't novice on any of the procedures

i'm here to make a special announcement i talked to my supervisor supervisor breed i made the announcement here specifically to the merchants association which i don't know too much about i ace washington have been around more thirty years in the neighborhood and 50 years in the area i'm the fillmore ambassador not a bastard by the ambassador and anyone that question that they can come and see me i've been working diligently for over 25 years now he lets talk about the abc i want to ask respectfully to hold that up until there's discussion about what the hell is this all about i've seeing none, public comment is closed. seen the cracking and the

fillmore merchant association and this and that and all of this and aefrg has failed us miserablely has a result of the nebraska restraining order yes ladies and gentlemen, i'm the only black up here speaking without a doubt even in the city there's a vacuum a avoid a misrepresentation of african-americans so anybody that is putting this thing together me as ace washington the fillmore ambassador self-proclaimed i'm the historian need to know more about who is putting this together you say you've been putting this together i've not heard one word please hold this off for the community you're not including us at all we've been

ditched by the city and county now they're going to move sb 1404. >> thank you very much thank you very much thank you, thank you very much is there any additional public comment on items two or three? seeing none, public comment is closed >> okay. colleagues could i have a motion to forward items two and three to the full board of supervisors with a positive recommendation okay without objection madam clerk we're going to take item 5 out of order can you call item 5. >> item 5 is a hearing on night noise permits in residential easier. >> supervisor kim called for this hearing supervisor. >> thank you and thank you for holding this hearing at today's land use commission supervisor wiener

several months ago residents approached us from the rincon point to talk about the construction this area has 5 active jobs on 45 lansing and fremont and 280 field street we've heard from constituents about the impact that night time noise is impacting their life by lack of street by construction noise going on through the night time and often starting up again as earlier as 5 in the morning since july we've been meeting with the city staff from the department of building inspection and contractors and residents to increase the communication about night time noise activities occurring in the area since july night time

permits have been declining i absolutely support the growth that is happening in our city in particular the growth in the district i represented i know that i quote that often but director ram said our planning director 80 percent of your construction is happening and 20 percent in the city and the 20 is in our district the south of market and mission bay we appreciate the pace of the development there is a demand for office and residential we have to recognize that are existing residents that have been here 15 years we need to balance that growth our residents get it they know their investing in a growing neighborhood and excited about the infrastructure and the new workers that will be coming into their neighborhood but they would like to figure out a

process in which we can balance it brt since 2009 the rincon point area has grown and it is projected to bring 4 thousand plus units 6 thousand square feet of office and one hundred thousand square feet of roiflt retail this is a tremendous amount of growth we request from the city staff to present to us on the issuance of night time permits and the told her based on the city's ordinances and clarify the jurisdiction of the agency and look forward to working with dbi staff and contractors on this issue and appreciate the tremendous amount of pressure that dbi is under to respond to incredible needs for growth i want to recognize director tom huey he's not here

but directed his staff in the interim to not permit night time permits until we have a solution that balances everyone's need ambassador before i - well, i'll list dpw and lynn that will describe our night time permit and provided an example of noise activities we have a lady to talk about the impact of the noise and quality of life and sfmta bryan who will describe the blue book in the consideration of granting clobber process and notification process and events on a number of permit applications our

office understands that some construction needs to occur early in the morning in mr. taylor due to the congestion and restrictions about when you can get open the bay bridge and off and this development is important when i ran four years ago in the rincon point neighborhood the infrastructure that the city promised and began now we're on the exceeded schedule everyone supports we want to make sure there's consideration of the residents that live there and we hear a lot from families young families pregnant mothers and families of young kids that are having trouble u trouble putting their kids to bed and fourth the best process moving forward we'll it was first just the transbay now

with the close to 14 sites in this neighborhood that are happening at the same time, i think we need to develop more coordination it's a lot more context when you go from one to 14 projects flls unless there's comments i'd like to start with our presentation. >> i want to make a couple of comments thank you, supervisor kim for calling this night time you constriction is an important incredibly disrupt active thing in my district we have a tiny version of this in terms of some of the overnight public work that they've had to perform during the castro project including a number of nights of grinding performances as supervisor i am sure it is

grinding work on castro on wednesday night is block from where i live i have experienced it first hand with that said, i'm glad we're having a hearing go what everyone's view is when night time work should be happening or not happening i think it is important to view this not in a vacuum but i'm hopeful we have the broad context discussion it's important for people to understand that everything is a trade off and that if we reduce the amount of over night work we'll be expanding the life of the projects and more days where the roads are closed and people trying to work at home during the day can't work at home because of the disruption

there's no free lunch so to speak if you restrict certain hours you'll extend the life of the construction silver issues about what works happening during the day has kaksz around muni and traffic, around pedestrian safety and sfoilth there are various reasons why construction happens at night so in castro and market t is one example the neighbors were asking can this be done during the day our department figured out that closing down castro street in the day was not going to work so i want to hope in discussing this we don't simply look at the real disruption that overnight happens it is

impacting lives but so doesn't say extending the life of the project overall and messing up muni during the day is pedestrian disruptions and traffic disruptions and so on and so forth and we also know that we remembrance or recently had a problem at city hall around the property melrose and transbay he don't get the money for the transbay terminal until certificates of observecy are issued it's a complicated issue my hope is that we'll discuss all of those issues and not just one important issue and that's in a vacuum we have to do everything together supervisor cohen. >> thank you very much one thing i wanted to add my voiced to i'm glad we're discussing

this at this hearing it's an opportunity for all sides to address the problems that are arising not just the constituents that are having the issues but the challenge that the constituents are raising in terms of noise it's a real and resemble one we need to pay attention on the impact on traffic in the overlay length of the project but make sure we're breaking and entering people to the table to discuss what are the best practices and considerations to might be that this will allow us a fraction to allow the confidence going forward in my district we have a lot of construction and granted it's not twenty-four hours but the same level the pressures and the frustration also exists this conversation is timely and i'm hopefully, i see a couple of folks from the mayor's office

that will be able to come together maybe not a workshop is needed by fourth a strategy to begin to have the conversations to address those challenges that neighborhoods are bringing up and bring to your attention the human caused how it impacts people. >> thank you. >> thank you, supervisor kim. >> i just want to bring up a number of dpw and i also want to add we're looking for balance not only for one preserve it be the winning perspective in the neighborhood the folks get it the fastest it happens with the construction the fastest it will be finished so putting procedures in place to look at

the times it is how late st. it needs to go and stop and to keep the noise down to a minimum i know when i starred in 2011 when i was at transbay terminal the millennium were able to ad hoc work so our residents can sleep at night but now 14 construction developments happening in rincon point i feel lucky our constituents are patient they could have said no construction they want to balance the construction and the hours and also to figure out how to reduce the level of noise at night not he ever worker refrains from the back up noise of the truck we

want to work through those to keep this in a way to benefit all. >> thank you. >> good afternoon good afternoon board committee members i'm lining from the public works to go over the construction activities and the projects that are conducted at night though the sure why it's not forwarding so first of allfirst of all - i said to give you a context about noise that are encountered in

and out of door a common outdoor noise like a truck or a in indoor garbage disposal 14th higher decimals higher than speak it varies crossing to the density you can typically expect noise to be 50 to 70 decimals during the daytime and a tool like a jack hammer and another decidess is about one hundred decimals now it is not moving forward. >> okay. so the rules and regulations regarding it is in the regulation code the police

code states it is unlawful for any person from the hours of 8:00 a.m. and 7:00 p.m. to e vehicle or excavate or repair any building are structure if the noise level is in access about a.m. obedient noise level until a permit is from the planning department or the public works department. >> the department of department of building inspection or the public works department can allow noise to midnight and a permit can be issued for construction noise in the vicinity would be less observe of you been 0able you during the night and interference at night is less observable at night and

a great economic hardship and work was spread out or a the work will abate or prevent the proposed night work is in the general publics interest. >> so in the majority of cases public works authorized ninth amendment work for one, if there's an emergency such as a water he main break or gas leak or two if the municipal mta their blue book self-allow daytime work in those instances where the daytime work is not allowed and mta is neurology unable to grant a waiver for the blue book requirements the contractor is referred to public works to issue a ninth amendment

permit for example, on fourth street between matthews and bryant street the blue book restricts the contractors to 7:00 a.m. and 7:00 p.m. to allow the vehicular traffic to reduce the congestion so they might not issue a waiver did you to the daytime traffic congestion accept for on ramps the contractor will work at night we need to take into account the public uses and as a collective need to make a choice authorize work at night this is disrupt active or daytime that impacts the transfer it is adding on the reduction lanes can be a nightmare