. >> deputy city attorney marilyn burns on your agenda for today is the title of the legislation as it is currently pending before the board that only makes the change modification in allowing arcades to be a permanent use to the upper market cd in the staff recommendations staff recommendations this change. >> be applied citywide all mcd so all are permanent use so i certainly know think the commission can hold it's recommendation this is a legislation of the board and so the board needs to act in order to make the change and the actual amendment to the legislation i want to note it is is a board change in the legislation that can you remember the protective only prices to the you were market street mcd and the recommendation adapted will make it citywide and okay. thank you commissioner johnson >> thank you very much i definitely agree with staffs represents i ask a quick question if this ordinance were to pass with administrations as identified would this create on overall phase with the police code and it is trying to metrological the arresting cascades games throughout the city. >

. >> deputy city attorney marilyn burn it is not a bright line test it is very fact specific because it is unusual circumstances about the project or something to do with the circumstances surrounding the project that would be what the commission will look at if the commission step up to the plate it beyond 60 days our office recommends it includes the unusual circumstances that are presenting itself to the commission that makes sense. >> okay. thank you. >> thank you commissioner moore. >> i'm glad that i wrote the memo and were standing her pretty much standing up for our practice the question i want to ask you in our using the word subject to the quality you're not lvns to the circumstances surrounding c p 1930 c is one example that requires an extension it is circumstances but a complicated project and was mentioned by you on the other hand, for example in the particular case of 5 m it involves multiple sites it involves more than 5 or more special use districts which all needs to be considered it involves a larger area plan still to be determined so i think even that what sequa

. >> deputy city attorney marilyn burn the recommendation is clear to me and it seems clear to staff i'm not sure what our concerned you're leaving out. >> the redistinction of accessory use that's all i'm asking you want to make sure and it's your recommendation you can choice what you want it only applies to europe market. >> you as a director confirm that i'm comfortable. >> commissioner antonini. >> yeah. as i said i'm reading from what the staff report the way it would be before the more expansive staff recommendation this about applied to other things it says the market ct to permit the arresting cascades on the first and second floor and instead of other entertainment use so no where does it say it's limited by even though nature of the words themselves tare only speaking to the upper market ct and the rest of the motion calls for staff to study with recommendations to the supervisors to keep the discussion open for other parts of city but that doesn't has nothing to do with to the first parts of motion. >> i believe we have consensus we're only recommending to change to allow