i think that we've heard no opposition to the change from ncd to nct. it sounds like people are on board with the height change and i would support the [speaker not understood] correct it for lots along the way. i understand people say it could be specialty use. we have these situations all the time. we approved philanthropic uses which applies to certain lots because the project sponsor we had earlier in sacramento street was also specific more to a lot we were able to expand it. something that might be easier to consider to look at this more broadly if the legal asian of existing off-site kitchens, having a process or pass maybe city-wide for that. i imagine there are a lot of illegal off-site kitchens. the issue around food trucks, i have a restaurant right on the corner from where i live that also has a food truck. i see the food going back and forth. i know other [speaker not understood] don't have brick and mortar restaurants. they're [speaker not understood], one first step just might be legalization of an existing off-site restaurant and ncts th

but our recommendation was to convert the whole of the remaining upper market ncd to the nct and there are two parcel here that i'm pointing to that were not included in the proposed legislation. the department's recommendation is that these parcels be included in the upper market nct. >> i think both of those i would be in favor of. it sounds reasonable to me. and then i think you also wanted to remove the sunseting for the allowances, i guess it was the food service off-site. * and also to extend the off-site food service to anything within that district. >> planning's recommendation is actually to -- with criteria that are set forth in the case report in the draft motion to apply that to all nc districts in the city, not just the upper market nct, but i've heard discussion that we should come back. >> that would sound reasonable to me, too. and then there were some technical changes that you had not specifically said that that would be part of it. and then the final thing was i think the height changes -- or is that separate legislation for the height changes? >> so, planning -- sta

i would be very open to legislation to change the nct to allow for off-site. i do believe that would probably trigger city-wide discussions because once you set precedent in one ncd or nct, that could become a template for others. so, that's something i'm very open to, i think having flexibility for different kinds of food operations. we've seen now in the city between traditional brick and mortar restaurants, [speaker not understood], the way we serve food changes over time. it has a few categories and there are many more categories. that is a discussion worth having. it is something i'm open to. so, just to respond to mr. beach nelson, i'm not in any way saying i have doubts about that. i think it would be a very, very good idea. right now what we have is an important [speaker not understood], hey, give me an off-site restaurant -- off-site kitchen, ha had an off-site richen as far as we can tell bilk into the 1980,. this is something that has been there a very long time. we have an operation that

first, it would convert much of the existing upper market ncd to the upper market nct. it would also amend the height and bulk classification of the single lot, lot 34 and block 35 63 from 50 x to 65 b. and then lastly, it would amend planning code section 703.2b to allow food processing as an accessory use. on the west side of noe street between 15th and beaver for -- as an accessory use to a nonresidential establishment within 300 feet, provided that the food processing setback minimum of 15 feet from the property line and that accessory use be subject to section 312 notification and that it would sunset after one year. now, the department has presented to you in your packets a two-part recommendation and it's reflected in the draft resolution before you. first, the department makes a series of recommendations to the commission that you recommend approval with modifications to the board of supervisors. and then separately and secondly, the department recommends that the commission directs staff to initiate or to prepare an ordinance for initiation separately that woul

new nct. the controls for the two districts by this time are almost identical. and, so, there's no real land use or planning rationale to maintain two nearly identical districts. here in this map just on the overhead shows that as proposed, there would be just a couple of small lots left out. so the department's recommendation is that the commission recommend that the full area be rezoned to the upper market nct by including those last remaining parcels on lots 263, 6 and 91. on the northeast corner of castro [speaker not understood]. the fed recommendation does not require a map and the department is recommending that the commission recommend that the limited use of the off-site food prep for cafe floor be expanded and more broadly applied. the proposed ordinance would create a path to legalize what appears to be an illegal accessory kitchen located at 260-1/2 noe street, which supports the very small kitchen at cafe floor. and as proposed, this provision would sunset after one year. and during that one year the operator could obtain all necessary permits, go t

there is also a reason why commercial kitchens are prohibited in both ncd and nct district. use is incompatible with the district in which it is located. when you think of off-site commercial kitchen uses you think of neighborhoods like soma. it is certainly not appropriate or legal in the subject districts that we're talking about tonight -- today. as i mentioned, i reviewed the health and planning department files on this matter and there is no indication that the city has given significant thought to other possible solutions to this problem to cafe floor's desire for extra kitchen space. so, if the commission is not willing to vote against this legislation today. i would ask simply that you table the matter for a short period of time so that the stakeholders can come back and discuss other possible solutions. * supervisor wiener mentioned one possibility today which is extending this right to all of the district so that other restaurants can enjoy this privilege as well. but, you know, without considering [speaker not understood] and with that right being extended to only

an established locally owned business and contribute to the viability of the overall valencia street nct and because the proposal will not result in a net change in the number of eating and drinking establishments within the valencia street nct or displace a retail that provides convenience or goods in the neighborhood, therefore the department recommends approval with conditions. that concludes my presentation and i'm available for questions. >> thank you. project sponsor. >>> hello, commissioners and president. my name is dylan [speaker not understood], owner of 550 valencia llc also known as western pecos. thank you for letting me speak today. i first am before you [speaker not understood] this project in june of 2011. our project was not approved at that hearing. and i returned in september of 2011 after performing extensive outreach to the neighboring residents, business owners and community groups in the valencia nct. while we were granted conditional use at that time, our operating hours were unexpectedly restricted. we thought a 1:00 a.m. closure time with all customers off the p

district, i think that would be more appropriatery nct 3, which would allow uses on the first floor and that is one way they are available to solve the problem. to the previous speaker's point, there are a lot of existing conditions that will take a lot of work to manipulate into this plan. and i respect the task that the planning department has ahead of it in making it all work and making it all fit. thank you very much for your time. >> thank you, mr. paul. >> hello. my name is glendon hyde and i am an entertainment commissioner, but i'm here representing myself today. i have here a list of our llps that i want to hand out. this plan has been in development as along as the entertainment commission has been around and we have seen better relations with neighbors and better understanding on their impact with neighbors. i'm going to concentrate on llps, limited live performances. you can see the orange is the limited live permits. we have offered about 30 of those so far. we have had four complaints and those are not four separate complaints. they were complaints on one place. this p

an established locally owned business and contribute to the viability of the overall valencia street nct and because the proposal will not result in a net change in the number of eating and drinking establishments within the valencia street nct

a motion and a second recommending approval to the board of supervisors to change the entire ncd to nct, the minor technical changes, the one year sunset clause and consider the entire district in the future. commissioner antonini? >> aye. >> commissioner borden? >> aye. >> commissioner hillis? >> aye. >> commissioner moore? >> aye. >> commissioner sugaya? >> aye. >> commissioner wu? >> no. >> and commissionv president fong? >> aye. >> so moved, commissioners. that motion passes 6 to 1. commissioner wu dissenting. (applause) >> commissioner borden, i'm sorry, did you have comment? >> commissioners, that will place you on public comment. i have no speaker cards. >> is there any public comment? seeing none, the meeting is adjourned. >> in honor of -- >> in honor of lou spadia. >> yes, thank you. [adjourned] >> hello, i am with the recreation and parks department. we are featuring the romantic park location in your backyard. this is your chance to find your heart in santa and cisco with someone special. -- san francisco with someone special. our first look out is here at buena vista park,

it's the folsom street nct that the zoning -- the rezoning would establish. and it would become a real center for south of market neighborhood that has always been desired, but is still only in a very beginning form at this time. the third thing is that we have used every trick in the planning tool book we could think of or was suggested to maintain our neighborhood's diversity. it's economic diversity, it's business diversity, it's cultural diversity. it's always what made south of market special in our opinion and we have tried everything that we could to foster that, especially given the otherwise gentrification that is steadily spreading throughout the neighborhood. in 20 years, perhaps all the market rate stock will have been gentrified, which makes affordable housing and inclusionary housing that our plan provides for extremely important, essential in order to maintain any social diversity. finally i just want to note there are dozens if not a hundred compromises in this plan. i know you understand as legislators that although single issue advocates wil

market neighborhood commercial district with the upper market neighborhood commercial transit district, nct, for the block of market street west of noe to the eastern edge of castro street. this simply follows along with the board of supervisors addition or extension of the controls in the market octavia plan west of castro street and make zoning consistent with east of noe street. this change, i believe, to have no opposition and to be supported by various organizations that are taking a position on the legislation. the second aspect reestablishes the height control originally envisioned as part of the market and octavia plan which is generally proposes heights of 85 feet along market street east of church street for corner lots, and 65 feet west of church street. the heights west of church street were reduced back down to 50 feet pending an historic resource survey which has now been completed. when market and octavia controls were extended west to castro street, the height controls were not extended along with it and so we have the [speaker not understood] property formerly the gold stem

extensive outreach to the neighboring residents, business owners and community groups in the valencia nct. while we were granted conditional use at that time, our operating hours were unexpectedly restricted. we thought a 1:00 a.m. closure time with all customers off the premises by 2:00 a.m.. we were told by the commission president to return some time after business to remove the restriction and i stand before you to do that here today. since opening west of pecos we had no noise complaints, no alcohol beverage violation and no police issues. we are in a single story building with no residential neighborses above us and have a good relationship with the neighbors to the rear of the building. to one side there is a single story furniture store that's closed at night and the other side are portable library restaurant and blondie's bar and grill to the establishments on the block during the evening. [speaker not understood]. i have p become an active member in the merchant community and sit on the board of the merchants business association and a newer group known as the valencia corridor

market neighborhood commercial district with the upper market neighborhood commercial transit district, nct, for the block of market street west of noe to the eastern edge of castro street. this simply follows along with the board of supervisors addition or extension of the

if nct they think only 2.6 million users will be impacted.as 65 million users overall. stifel nicolaus very happy billion this move reiterating a buy on pandora shares saying mobile listening cap, this mobile listening cap could generate significant cost savings and have to be good for margins. overall a win-win, affecting a very small percentage of the population. ashley? lori:. ashley: interesting. shibani joshi, thank you so much. lori: here is an interesting economic indicator. the tooth fairy. looks like she is loosening up her purse strings. a new poll by delta dental the average tooth in 2012 was worth $2.42. up more than 15% from 2011 but this could mean more than just some good news for kids. parents annual tooth fairy payments have been used to predict the state of the economy and if this highly scientific index is correct, this year will be a great one for the markets. just look at the dow today, flirting with a record. ashley: i would love ben bernanke to testify in front of the senate banking committee and cite the latest study o