i wanted to echo commissioner hillis' request for examples. i think that would help and something we have already seen and how it would be different under the new legislation or something we anticipate coming in the future. >> commissioner moore. >> i would be happy to talk to ms. rogers about typos, uncertainty about use of word, vagueness in order for that to disappear prior to this group hearing it on the 29th because i do not think this document is clear because of those things i'm observing. >> okay. any additional comments? commissioners there say motion and a second to continue items as proposed, specifically item one to december 13, item six to december 6, and item 11 to november 29. commissioner tone. >> aye. >> commissioner borden. >> aye. >> commissioner hillis. >> aye. >> commissioner moore. >> aye. >> commissioner sugaya. >> no. >> commissioner avery with commissioner with you. >> commissioner. >> aye. >> that passes. all things under the consent calendar are routine by the commission and will be acted upon one roll call vote by t

. >> commissioner hillis? >> here. >> commissioner moore? >> here. >> and commissioner sugaya? >> here. >> commissioners, first on your item items proposed for continuance. item 1, case no. 2012.1381t, inclusionary housing updates, it is proposed for continuance december 30 13th, 2012. item 2, 2012.1306tz, review of two ordinances (planning code text amendment and zoning map amendment) that would rezone parcels in the upper market ncd to the upper market nct, planning code and zoning map amendments, proposed for continuance to february 21st, 2013. item 3, case no. 2012.1168c, 793 south van ness avenue, request for conditional use authorization is proposed for continuance to january 24th, 2013. items 4a, b and c for case numbers 2009.0 724 d, 2012.0 888 d, and 2009.0 724 v at 2833 through 2835 fillmore street, mandatory discretionary reviews and variance have been withdrawn. further on your -- under your regular calendar, commissioners, item 15, case no. 2012.1 183 t and z, the amendments to planning code to establish the fillmore street ncd, there is a request from the sponsor

. >> commissioner hillis. >> here. >> commissioner moore. >> here. >> and commissioner avery. >> here. >> commissioner sugaya. >> here. >> first up is items for continuous and item one at harve street and proposed for continuous until december 13, 2012. further under the consent calendar item six at 2895 san browny avenue request for conditional use authorization. this project sponsor has requested a continuous to december 6. >> is there any public comment on these two items? >> do you want to talk about item 11? >> six? >> 11. >> yes. >> under the calendar with consultation with the city attorney's office this item needs to be continued to november 29. >> could you repeat that item, that last item please? >> absolutely. commissioners, under your regular calendar item 11 the amendments to administrative code chapter 31 to clarify certain procedures provided in that specifically ceqa is proposed for continuous after consultation with the city attorney's office. >> is there any public comment on the three items that are proposed for continuance? >> regarding of course lack of public not

. >> commissioner hillis? >> aye. >> commissioner moore? >> aye. >> exhume? >> aye. >> commission president fong? >> aye. >> that passes 7 to 0. and places you under your consent calendar. all items within here under constitute a consent calendar are considered to be routine by the planning commission. and will be acted upon by a single roll call vote of the commission. there will be no separate discussion of these items unless a member of the commission, the public or staff so request. in which event the matter shall be removed from the consent calendar and considered as a separate item at this or a future hearing. item 3, case no. 2012.1063q, 738 6th avenue, [speaker not understood]. item 4, 2011.0673c, 501 - 503 and 505 - 511 laguna street c. request for conditional use authorization. item 5, case no. 2012.0725c, 475 eucalyptus drive, request for conditional use authorization. i have no speaker cards, commissioners, for these items. >> is there any public comment on the items on the consent calendar? seeing none, commissioner moore? >> i ask that item 475

he commissioner hillis? >> aye. >> commissioner moore? >> aye. >> commissioner sugaya? >> aye. >> commissioner wu? >> aye. >> and commission president fong? >> aye. >> commissioner wu, you are here by recused. >> okay, continuing on with public comment, i think, jonas, there is one on the rail there. if there is any other public comment, if you would like to come up. all right. nichiko yamada. >>> good afternoon, commissioners. my name is nichiko yamada and i live at 1959 sutter street adjacent to rooster tail restaurant. i grew up in the western addition jay town area and my parents owned a small japanese confectionery store in this neighborhood for 36 years. my parents believed that they were able to be in business for so long because of the good will and support of this neighborhood and community. i am proud of their achievement. our neighborhood is a diverse neighborhood with a culturally rich history. people here are friendly, supportive and welcoming of businesses. many are long-term residents who have lived here for 20, 30 years. in times of need such as during t

. >> commissioner hillis. >> i would just echo that. continue to work. it sound like the restaurant owner is working with the neighbors and continue to do that as this is implemented. i would agree the fence as is seems to work especially in that small space. it is fine and i'm supportive. >> commissioner antonini. >> i, too, agree. the only thing i would change in my motion, i would be fine with making a contingency with what is already planned to extend that fence with the planter to block that as a possible means of egress if that's okay with the project sponsor. but my motion would remain because the smallest of the patio and the lattice work is fine. with the vines it's going to be pretty impermeable to sound. and i think the height is appropriate given the size of that patio. >> call the question, please. >> may i have the question. >> i'm sorry, commissioner sugaya. >> am i to understand the planting is going to be along the entire length of the fence as well or just at the end? >> being you proposed a planter, it would close the open area. >> is

. >> commissioner hillis? >> aye. >> commissioner moore? absent. commissioner sugaya? >> aye. >> commissioner wu? >> aye. >> and commission president fong? >> aye. >> so moved, commissioners. that passes unanimously +6 to -0. and places you on your last regularly calendar item, number 14, case no. 2012.0971c at 1963 sutter street, request for conditional use authorization. >> good afternoon, president fong and members of the planning commission. sharon young, planning department staff. the item before you is request for conditional use authorization for an outdoor activity area to an existing restaurant located at 1963 sutter street within the nc-3 district, japantown special use district and 50-x height and bulk district. the proposal is to add outdoor area, dining table and chairs for approximately 08 square foot patio enclosed by [speaker not understood] high fence within the rear yard of the restaurant. the proposed outdoor dining area will abut common parking lot located within the mid-block area of the subject block. the restaurant has been in operation since dec

. >> commissioner hillis. >> just back to this question on value. so, the port land, the city is going to pay the port, are we going to pay out of the remainder of the impact fees? >> no. >> where is that funding going to can you have from? >> that's part of the conversation [speaker not understood] wants to speak about this. thanks. >> if i may, pam drew from the office of economic and work force development. so, just to clarify, the purpose of the park purchase is actually a mechanism under state law. it currently is subject to the public trust and in order to remove the trust under senate bill 815, we need to provide the port with fair market value. we're confident, because the appraisal instructions require the appraiser to appraise the parcel with open space. and as a park, that the value of that appraisal will come back relatively low. the port is being very flexible, agreeing to accept payment over time and other -- >> you don't expect the payment to be much. the park builds open space on trust land already. >> they do. there was essentially

. >> commissioner hillis. >> a question on the 11th street project. i'm also supportive of 3b, but is that project grandfathered in, then, under 3b? i thought not. >> no. there is no grandfathering of any project. >> but it wouldn't be allowed under 3b? >> right. it won be permitted under the wmuo zoning. >> can you tell us more about that project, like how many units? >> if you don't mind, i have the architect come up, he can tell you much bert than i can. >> yeah. * better than i can >> commissioners, john goldman. 24 units along 11th street. all the units are either studios or one bedrooms. and the only two bedrooms are at the back along the rear yard. and that was done for sound isolation purposes in response to our working with the nighttime entertainment people back in 2005. we actually had three meetings and actually kind of revised the plan numerous times to fit their goals. i think now it would be acceptable to them. at least acceptable to one of the club owners. i haven't talked to the others specifically. but there would be 24 units. >> you

>> aye. >> commissioner hillis? >> aye. >> commissioner moore? >> aye. >> commissioner sugaya? >> i would just be surprised if this commission gets into the level of detail that everyone's been talking about that is going to result in talking to the institutions. that kind of thing really takes place after the ordinance is passed and the forms are created and then the real discussion takes place with the institution as to what goes in and out and whether it's appropriate or not appropriate. no. >> commissioner wu. >> aye. >> commission president fong? >> aye. >> so moved, commissioners. that motion passes 6 to 1. commissioners, it will place you on item 14, case no. 2012.09 50 t and z, amendments to the planning code to establish the difficult viz dare owe neighborhood commercial district. >> good afternoon, commissioners. aaron starr, department staff. the item before you is an ordinance proposed by supervisor olague to create a neighborhood commercial district along divisadero street from haight to o'farrell. stephanie tucker from supervisor olague's office is here to speak a

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we'll see a return of good weather -- the jacket because before long we'll see a return of the capitol hilly weather. low to mid-70s at this hour right along the coast. santa cruz reporting of youer -- upper 70s near 80. you can see here plenty of sunshine going on along the region. we have this ridge of this -- this ridge. this will be the pattern for the next few days. this ridge will break down and shift to the east to allow us to bring us cold damp weather. ridge of high pressure and the hot drier air associated with that. gonna be sicking 7s and 80s at the coast and 80s inland as well. take a look at the highs. areas like santa rosa, 86 for today. if you you hit that you will be breaking a record. you have an 72 in jill nerdy. oakland, 80 degrees -- -- you have 72. oakland, 80 degrees. 82 for share. i have to point to you santa cruz -- for santa clara. i have to point you to santa cruz. it it's gonna be a warm one right there. the extended forecast there, numbers warm today, warm tomorrow, although we will begin to see the onshore breeze. by wednesday, the wigger transition. we're talki

i think in terms of additional information following up on commissioner hillis' request avery -- thank you for that but i think the second part of what i was implying in my email was a comparison of the three -- the two previous attempts and this one, which was mentioned by commissioner moore so that would be the aleato pier and 2006 was the other one and see the provisions and compare the differences between the three. >> i thought that was what the comparison table did and had each ordinance. >> that's not what mine says. my says "what exists now and the various provisions". >> it sounds like you're missing a couple of pages. i will make sure you and the public has access to all three ages and i have a proposal comparing to the 2006 and 10 proposal so i will make sure that is available. >> okay. and i think also there have been -- i received correspondence as commissioner moore and others i am sure have at that point. some of them are specifically mentions certain kinds of ceqa provisions and where the ordinance appears not to follow state law, so i would like some analysis of that i

. >> commissioner hillis? excuse me, he's absent. commissioner moore? >> aye. >> commissioner sugaya? >> aye. >> commissioner wu? >> aye. >> and commission president fong? >> aye. >> so moved, commissioners. >> thank you. >> that motion passes +6 to -0. >> do you guys want a break here? >> really quick. >> i think we're going to take a quick -- yeah, five-minute break. thank you. >>please stand by; meeting in recess >> this is to develop a limited financial serve is e service sterling bank and trust at 115 pest portal avenue in the west portal neighborhood commercial district. the project is not considered for formula retail, formula retail exempts financial services. the proposed branch would occupy 199 square feet at the front of an existing commercial space. the department does not support this request because a large amount of commercial ground story frontage in the retail district is already occupied by several large scale financial institutions including bank of america, chase bank citibank, first america bank [speaker not understood]. their well

. >> commissioner hillis. >> just a couple of questions on the proposal and the options on 11thth street. when we say something is grandfathered in and not allowable but grandfathered in like paradise lounge that is vacant could that be used as a club if this passes and it's not used now and stop its in the future. >> the code sets parameter for legal non conforming use. if you're legal when you went in you can continue to operate if the zoning changes and no longer permit but there are rules of abandonment and essentially if you are vacant for more than three years you can be considered abandoned in terms of the use, so specifically yeah you can have turnover and tenants for some amount of time. it doesn't have to be the same tenant forever for legal non conforming use but at some point it's abandoned, or if the owners of that building put in a different use, put in a restaurant and later wanted to go back to a night time entertainment use they wouldn't be able to do that. if you have a legal non conforming use you need to keep it in operation without abandonment. >> so slims could clos

half inch in the hilly locations. those will be the areas that will see the most rain because of the type of low level moist air it is. the next system coming from the north won't have as much rain, a little more wind, rain developing overnight saturday here's how the computer models will be, you will get the basic id, thursday at 3:00, santa cruz mountains. low latitude moisture. hitting the hills, getting more rain out of it so, thursday evening, some sprinkles, drizzle showing up and the system gets here 6:00 am friday morning. drizzle, sprinkles, wet roadways in the north bay, more wet for friday afternoon and friday late afternoon. drizzle starts to move in inland. here sum comes saturday night's system. forecast highs tomorrow, mid- and upper 60s, cooler than it was, today, but still quite nice and then it changes, umbrellas needs as you head into your friday. saturday, sunday, watchouts. main event. back at 10:00. latest computer models dial it in a little closer. >>> harvest food bank said it is halfway toward

croyde hilly of the sierra plant signed contracts with the americans for thousands of so i got twelve units to be supplied to the police force but he but the whole collection of models are assembled in the same shop and goes through the same quality control tests before being shipped to a customer towards the show we're entering the freezer now to pick up the assault rifle. it's been exposed to temperatures of up to minus fifty degrees celsius for nearly an hour. my mother but in my experience the kalashnikov has never had any problems working in freezing conditions not once has a jammed this gun is very durable. one of the final tests is quite possibly the toughest the assault rifle is dropped on to a concrete slab from a height of two in the hole for me to. wear at the same firing range where mr kalashnikov and stoner met in may of one nine hundred ninety there we're talking about dura bill of the of the weapons and what kind of tests they had to go through to make sure they were durable enough to withstand battlefield conditions and one of the things that stoner said was that he wa

clear, capitol hilly overnight. this is going to be sunny, mild thanksgiving looking fabulous for plans. there is a cold front went through. high pressure is now calling sho.s you don't have to worry about storms this long holiday weekend. what happens in overnight hours fog forms in central valley. this is monday. when that happens could be dense in pockis chls -- pockets. watch out for fog, temperatures on the chilly sichld you'll need a layer, low 40s around santa rosa, napa and fair feemd. 49 in oakland. 47 degrees in san jose. afternoon looking fabulous, sunshine, high clouds, 63 san francisco. 65 san jose. ampb the bay, thanksgiving day, mild. 67 degrees in santa cruz. 70 in salinas. hard to believe. check out the accu-weather forecast. dryéxge thanksgiving. foggy morning friday. black friday going to be chilly. sunny skies in the afternoon. mid 60s to low 70s, mild friday. weekend looking dry. temperatures in 60s. very little change monday, tuesday, wednesday a slight chance of showers but i would say double

in a new survey, hilly clinton is the clear favorite in the iowa 2016 caucuses. governor o'malley did not register in that poll. he has a better odds in the hypothetical poll. lawmakers return to capitol hill today to get back to business. hallie jackson joins us live with the latest. the over arching concern is the fiscal cliff. >> we are talking about topics that congress has put off for two years. the post office is running at of money. farmers looking for help are running at of patients. congress is running out of time. >> you will see a lot of leverage games, getting down to business will be after thanksgiving. >> the biggest shadow belongs to the fiscal cliff, the threat of tax increases and spending cuts that come with a deadline. >> a lot of bad things could happen. the other is they kick the can down the road. >> it could suck up all the band with in congress. >> these things tend to squeak through because everybody is focused on the big issue and the little fights aren't as divisive. >> decisions over the debt ceiling and possibly immigration reform. on

. >> commissioner hillis. >> thank you for the presentation. helpful to understand. [speaker not understood] we don't get a sense of how it's operated after. in some of the data you gave, just globally about the program, i think it is helpful when you come back on the 29th to have that as part of the packet, like how many percentages -- you may not be here. >> i will not be here, no. >> the percentage of projects that's -- how many on-site and off-site, if you do have demographic information -- >> can i do that today? >> you gave a lot of that information. it would be good publicly to have it, too. >> okay. >> yeah, we don't have to spend a ton of time. >> i can tell you, i can show you. >> sure. >> okay. so, you can see this. you might not be able to. the first box just shows rental versus ownership. this is through 2011 and it starts in fiscal year 2002 because we wanted to look at the year where the fee started. the revenue fee before 2002. so, it doesn't add up to how many units i say there are in total. between fiscal year 2003 and fiscal year 10-11, we complete

. >> commissioner hillis. >> here. >> commissioner moore. >> here. >> and commissioner avery. >> here. >> commissioner sugaya. >> here. >> first up is items for continuous and item one at harve street and proposed for continuous until december 13, 2012. further under the consent calendar item six at 2895 san browny avenue request for conditional use authorization. this project sponsor has requested a continuous to december 6. >> is there any public comment on >> we

. >> commissioner hillis. >> just a couple of questions on the proposal and the options on 11thth street. when we say something is grandfathered in and not allowable but grandfathered in like paradise lounge that is vacant could that be used as a club if this passes and it's not used now and stop its in the future. >> the code sets parameter for legal non conforming use. if you're legal when you went in you can continue to operate if the zoning changes and no

. >> commissioner hillis? >> aye. >> commissioner moore? >> aye. >> commissioner sugaya? >> aye. >> commissioner wu? >> aye. >> and commission president fong? >> aye. >> so moved, commissioners. that motion passes unanimously. you are now on item 11, an informational presentation on the inclusionary housing procedures manual. the mayor's office of housing is working on an update to the manual that may include amendments to the planning cod. >> good afternoon, again, commissioners. ann marie rodgers, department staff. this is an information only item for you today. the mayor's office of housing is going to go through this procedures manual for our inclusionary housing program. you may recall the last time the commission adopted this was in 2007 and you are the only body for the city of san francisco that does this adoption action. you will hear a little bit about the presentation, about the -- from the mayor's office and so why don't i turn it over to them. it's daniel adams from the mayor's office and [speaker not understood] will give the presentation today. >> thank you

. >> commissioner hillis. >> question back on the financing. i have [speaker not understood] possibility here. i know this was a redevelopment agency -- was a redevelopment area before. the state says you can't do an ifd -- >> [inaudible]. >> you're absolutely right. under current state law this area is not accessible for an ifd. we fall into the exact sweet spot of being a redevelopment area, which makes us on that for a source. we are not looking at it as a top candidate just because of that. * >> how do you bridge that gap? is there enough -- if there is a $70 million gap in the project beyond the public [speaker not understood], would the work actually get you there [speaker not understood]? >> it's a balancing act. 70 million was a number that was picked at quite a rosy time. projections went down from 70 million by the time -- by early last year, i think we were closer at 40 to 50. so, already we were trying to work with what has -- i think that really is why it is a balancing act what we can do to increasev development potential. whether