>> the planning commission is back in session. we are now on item 11.

>> this is a conditional use request for other entertainment for the restaurant and 14 columbus avenue to allow pre- recorded musical accompaniment for a singing waiter who will sing opera accompanied by a portable stereo. the property is located at a north beach commercial district. the business district occupies 600 square feet on the ground floor of the building with an 1130-foot square foot parking in the rear. the restaurant has a total of 125 seats. they also have tables and chairs on the sidewalks. it was approved in 1998 for

entertainment of limited to acoustic music. in order to use the pre-recorded musical accompaniments. the department recognizes conditions been proposed. no other live accompaniment is too vague permited, and no other music would be permitted on the aunt your area. electronic amplification would not be permitted between midnight and 6:00 a.m. the lead to further ensure the music would not impact neighboring businesses, the commission may require the windows and doors be kept closed during the time entertainment figures. the department has received

nearly 100 letters and e-mails from the merchants' association. department staff has spoken to a representative from the association who says they are concerned because the restaurant could become a night club. the police department is not opposed to this request. the department recommends approval of the proposal advances the policies of the general plan. >> project sponsor.

>> good evening. i am here to introduce you to the brothers and sisters who owns this restaurant. there restaurateurs first and foremost. they have no intention of becoming a night club. they are saying he cannot -- to say he cannot have opera is like telling him heì(lc@&c . you get into a restaurant, and you have noise going down the street. you dean -- do need some

orchestration. for something that will truly reenforce culture, and it needs it. these wonderful people are trying to do it also. i do not believe she wishes to speak, but salvatore will. >> we are a small business. we want to stay in business by adding to our dining experience. the concept is a singing waiter with the use of amplification. the reason i know it is needed is i have asked the singers what their needs are, and they said with the clatter and what

normally has happened in the restaurant, this will cut out the background noise and the clatter of the normal restaurant environment. that is basically it. we want this because it is part of our culture, and we think it is going to be good for the community as well. thank you very much. >> i have a number of speakers cards. because of the time and the fact that they all are in side, you do not have to speak. if you do, it will be a maximum of two minutes.

i do not have your card in front of me. >> i can hear you very well, and the tone that you have -- >> you know not to get up until i call you. >> i did not know you were going to call my name. thank you very much. >> my family has had a business in north beach since 1948. i am president of the north beach association, and one of our members came to us in august

and asked that we endorse his restaurant in having a single singer and a single amplified music system, and we thought that was great, that he was going to go through the permit process, that he was going to just do it, and we thought this would not morphin do something different than his business plan. he is an honest man. this is his word. we took a vote on it, and rarely do we back conditional use amendment. silver is the fact of our board -- rarer is the fact that our board voted unanimously to allow this to happen. we would like to see this

generalized not only in north beach but throughout the city. it is the same business model, so i would respectfully ask that all of you vote for this to happen. if there is a problem of businesses morphing into nightclubs, they should be fined and if necessary shutdown, but we should not base our permit process on fear. we should base it on hopes and what shows the best of our city, and this is part of the culture of our city. thank you for your time. >> commissioners, good afternoon. i am a past president of the association. i have had a few meals. they are good with people.

the minor amplification is a small thing with the proposed restrictions. it would add a touch of color and fund vitality as well, which is about -- what it is about. they're asking you for permission to rather than doing it without. there has been a structural bias against all forms of proposed entertainment. i am happy to see that is remaining. it would be absurd to deny this application. thank you very much. >> thank you very much.

i asked you to pass this, because it is very much needed. they have been there a long time, and i do like singing. right down the street, they have a restaurant where the waiters be singing while you are eating, and i believe it is on golden gate and fns. what is the difference. let us all sing. i love to sing. [list of names] >> my name is fell more patrick. i want to thank you for allowing me to speak today. i am speaking as a resident of north beach since 1985. i have nothing new to add

regarding this, just speaking as a neighbor of north beach community, and i hope we can do everything possible to support business in north beach before the community is completely destroyed. it will be nice if we remember telegraph hill is a part of the community. there are many different types of people in the community. thank you. >> [list of names] >> commissioners, i am a longtime resident of north beach, and if any of you have dogs, you will understand this. i would like language that would

prohibit an opera singer from going above high c. >> thank you for allowing me to speak. i live on telegraph hill. i totally support planning and everything he has agreed to for this proposition. >> can you state your name for the record? >> thank you. >> my name is sherry.

i said i was not going to talk and then changed my mind. i live on union street. what i hear all the time from tourists is where is north beach? we are in washington square park, and they come there because they have read the information, and it has really changed a lot. they are looking for the restaurants and a culture. anything we can do to add that is a real plus considering the economic situation of the city and the people who live here and how much we need that tourist dollar. >> thank you. >> i am consultant to the project sponsor. if rodney king were here, he would say, can we all sing

along? i did talk to the landlord, and he was very specific. he is not going to preach his lease. the restaurant is going to be virtually no change other than a cultural enhancement, so that is clear. i did a lot of expensive and out of reach with project sponsors, basically door-to-door activity, and it was about 98% positive. the thing that is concerning is i want people to go through the process and do the outreach, not to be punished. there are a lot of people that have the music, everything is

fine -- there are a please four on record, and it is -- at least four on record, and it is the wrong message. there is a message where some people have to get permits. some people do not have to get permits, and what we need is a level playing field where if you want to have the music, go through the process. thank you, and i hope we see the great opera singer that performed today, and i am sure the rest of the public would like to see the singing waiter and opera singers. >> i am a business owner on fisherman's wharf. i live in the neighborhood.

i send a lot of tourists to the restaurant. the restaurant is fantastic, and i do not see it becoming a night club. the restaurant is fantastic. i send a lot of business people to the restaurant. i do not know if you have had a chance to eat there. it is fantastic. if you have been on columbus's street, it would be nice to hear that. life is good. i am sure you will be happy, and i definitely support it. you should, too. goo>> [list of names]

>> good afternoon, commissioners spirited -- commissioners. i am a native san franciscan, and i grew up with some of block and a half of the restaurant. i have been in the neighborhood for 60 years, and north beach has a lot of history. we use to fight when we were kids, but we do not fight any more. i think it is important to respect the culture of the italians, because they have been there a long time. it is very important to keep this culture going for north beach. a lot of people come to north beach because of the italians,

because of the food they serve, because of the style and the authentic italian atmosphere. i hope you consider to approve the conditional use so that we can have italian music and italian singing in the restaurant. i think it is really nice for san francisco. thank you so much. >> [list of names] >> thank you, commissioners. gi want to touch on a couple of things. i have been in the entertainment industry for a number of years,

and i have eaten there. it has great food, a great wine. i have had other people tell me it is the best food they have had in north beach. it is the best experience. to have a renown waiters sing an italian opera song while they eat now, that is not a crime. that should not be illegal. i really respect the fact they are going through the process, doing full community outreach. they are not a night club.

they are not going to make any problem for the police or the neighbors. they are not going to be going after hours. they have a proven track record. they are good for the community. they are going to preserve the italian culture and maybe even irish and german. i am looking forward to relaxing and not being hassled by people. this is not that kind of place. less approve this project. >> i am also 100% sicilian.

my office is a few blocks away. i am qualified to speak on this. i think it is a relatively small change. it is exactly the thing we want to see, and thank you for approving. >> thank you. >> good afternoon, commissioners. i am third generation of north beach. i also represent an italian governing board. the article today i got over 20 calls from people who live in san francisco in support of this. it does not some like there is any issues.

it is not going to be turned into a nightclub. it is unfortunate we even have to be here, but i appreciate your time. a lot of the comments were in terms of the city losing its vision, and this makes you think about the city listing if division paraded -- its vision. we should continue to keep the italian culture alive. >> good afternoon, commissioners. much of what i was going to say has already been said, so i will go for brevity. my wife and i have been at the restaurant several times. it is very low-key. if there is anyone that has any fears