we combined its. it is still a japanese news and still protecting the cultural integrity of the mall. also this use we feel is beneficial because it appeals to a younger crowd. there are many trees that appeal to adults but there are not a lot of alternatives for children. the parents can eat at the other existing restaurants in the mall, so we recommend you deny the discretionary reveriew and approve a permit. >> speakers in favor of the

permanencit? >> first, i regret ever signing this lease, because i could not even get to sleep because opponents tried to delay mae. they try to open a self-service restaurant in the japan malkofl they are just trying to do a small business not related to any formula retail. i hope you understand and please

approve my plan so we can go on with our lives. >> are other speakers in favor of the project sponsor? >> my name is tommy wu. the reason i do not know why some people are against this is because i design a lot of restaurants. i do not worry about this particular one, the clothes are designed lots of restaurants like this one. -- because i designed lots of restaurants like this one. this is completely different, so one restaurant, they cooked

chicken in every night. i do not see why they worry about competition, so i just want to say there is no relationship that i know of. they have about 100 people, and i do not know why they worry about competition. >> thank you. are there any other speakers in favor of the project? if not, you have to menace -- two minutes. you have a two-minute rebuttal. >> both speakers reference the

small size and of the space, approximately 500 square feet. the space was located in a key location, so the size is irrelevant. second, the two other stores, as far as i know, we never saw a notice of them going in, and they were in before there was any chance to object. as to this being necessary, it is not the case that other short order and restaurant facilities

and not attract children. children go all the time in the west small. -- the west mall. another one is not necessary nor does it contribute to the community. it is perhaps revealing that kb is attempting to apply for the permit in the first place. our beef is not anything personal. our concern is for the introduction of formula retail, even if it is carefully designed into the community.

>> thank you. project sponsor, you have two minutes if you wish. flexner and no public comment. -- >> no further comment. >> my architect did the project, so that is why we had it on the original plan. there is only one kobe bento. it is going to be a different team, but in terms of logo, there are many different logos. in general, it is the same in taiwan and china. it is basically a logo design

for the tapioca of business. >> public comment is closed. comissioner moore: we have spent quite a lot of time talking about japan down, and since this area does not have a fully authorized neighborhood planning effort, it has been done by volunteers who have produced amazing results triggered an -- amazing results. i see the japan towne mall

almost as the community's main street. that is where things are happening. that is where you meet your neighbors and friends who do not live in the city anymore. when we all started the application for the store which originally met resistance, and as we were listening and guiding discussion, it was interesting to see that it was a large community of participation and warm up to the way we are seeing it. i feel the biggest mistake is in the questionable application by which this project was brought forward. how was it scratched out not to

fit, and that bothers me. i could not be more clear about it, because even when we have southern applications every day we have other applications, we have always taken a stand back approach, and i want to take a stand track approach to this one. i have been on this long enough, and i remember the very unfortunate discussions we have had, and that is a name you will remember easily. i want to kind those -- to find ways to support this project but

more on the side of caution. >> i do have a question for the building management company and the japan town community center, because it is now 800,000 square feet in the mall, and they have almost 27,000 stores in japan, 563 stores in 24 countries, and i want to reconcile about because people do not seem to be opposed, and i want to ask if there was a position around the expansion of the store. they say they have a goal of opening 10 or 20 new stores every month. how they felt it was ok to expand like that, i want to

understand that, because in the future they will be formula of retail, and clearly they are on a major expansion plan. i would love for someone to comment on that, and i have a couple of questions for the property owner of the applicants for this cafe. can you come up for a second? you are an independent applicant who applied for a lease? not a parent company? what is your relationship which the company? >> my family owns a printing

company, so we used to do some printing. what happens is the logos we designed, but in general. >> my question is are you planning and -- are they a major supplier of yours? >> is probably 50% overall. >> we have heard a number ranging from five % to 30%. you have a relationship. >> safeway, costco. >> what is your general plan?

is it a tapioca cafe? >> simple snacks. probably a little bit of sandwich. >> would be sweet or savory things as well? >> probably ice cream. >> i am trying to figure out if i could have lunch there is, or if i would go after lunch. >> probably after lunch. >> more of a desert kind of place. because of the relationship, i guess i am confused about the plan. this architect, who hired him? >> my family. tommy is busy.

he forgot to change it. >> where does the other name comes from? it is not a formula retail? in the u.s. there is only one location. quickly is a separate brand. we have that issue -- for example blacks leave was considered formula retail, but when a store by gap opened, it was a different line. i am trying to figure out what your relationship is. did they own the space at some point, or were they looking at

the space? >> no, that was different. i do not have a lot of money. it is not easy to maintain this lease. it was june when we applied the lease, and on the last day, opposition filed this review. >> i am trying to figure out how kobe bento ended up on the plans. is the name you were considering unrelated? >> i had to admit originally, but since we talked to the owner, we changed it to accommodate formula of retail.

>> you do not have an agreement? >> nothing. we changed the plans to accommodate. >> you felt it was permissible in the building. >> it had already taken six or seven months since we applied for the permit. now it put a big burden on me and my family. >> if you guys could just speak about why that was ok, especially in with a large expansion of the store. >> it uses similar logos.

as for the size, the move into the space was different. it was a surprise to us as well. we found out we were retaining the space. it was basically a merger of space. it required permits, and they got none. in the japan town planning, it was a difficult question, partly because of the neighborhood of the community. we decided not to oppose formula

of retail absolutely, but to subject it to the plan we hope will be adopted, to a strict conditional use. this would be rather strict. the sentiment is that most formula retail and would not be acceptable. there may be some that would contribute something unique that would be useful for acceptable in the community, so that is our position. >> thank you. we are in a tough situation, because of this is not necessarily desirable.

all we have from the applicant is this is an independent cafe. we have no reason to believe this is formula retail. on the flip side, it does not sit well with me, because the size of formula retail -- the impact would seem far more damning to me. i think we could put something to create a community liaison, to keep track of the restaurant, maybe provide manual updates -- manual updates, but i have no basis to base this on,

other than mistakes of the koran, and an affidavit with the city saying otherwise. >> i want to say the department currently has the application that will go before you in a couple of months, and this is to legalize expansion of use. >> you are going to do it first and come to us later? >> i just want to note that at the time i think it was established. i think there were only nine. >> i understand that. my only point is the arguments they lodged would definitely better suits the expansion of

the 500 square foot space, and the thing is, if it were necessary and desirable, maybe this could be a consideration, but i do not see that. i support all of the efforts in japan town. i would move to approve the project was modified by back. -- modified by that. >> we have talked about the

retail issue, and it seems as if technically they do not meet the definition of formula retail. then there is also this conditional use criteria under the japan town special use district, and this is seeing -- being brought to us as a d r. does this not apply to this particular project? >> there is no conditional use requirements. >> the language is confusing. it implies there is a conditional use.

>> if it was formula retail. >> about was my first conclusion, but then it looks like they are separate items. i understand it is not a special use requirement. the final when it is the staff made the point that it is different from a lot of other fast-food outlets but they can only have to treat and desserts. one would assume the food is cooked on the spot. is that what they plan to do? >> i think the project sponsor might be able to better answer that question.

there would just be some snacks. as i am just going by what i have been given by staff and so there is one real but makes true fast food. -- there is only one real grill that makes true fast food. >> my understanding is that it was prepared food. it is not cooked on site. it is more snacks and desserts. that is not true? >> chicken and calamari shrimp. >> it also says the west small. -- the was small -- mall.

there is only one real but prepares true fast foods, and the others deserve prepared foods, deserts, and treats. it does not make a difference, but that is one of the planes. -- the points. >> that is hough -- what to sell or not to sell. i am not really good in english,

so it is a little bit of oil that you put in, and it goes out. it is basically a snack. >> i think that answers. you have responses to what the requester is have said as far as competition with the others, so it sounds like it is different i guess. thank you. comissioner sugaya: i am having a difficult time with this, because i think what is before the commission we have to consider as what has been presented. i know what it looks like, and i

hate to go against the community, but i think based on what is before me, i can only assume this is an independent operation, and i do not know. there is one other thing. the architect said there is no good in this place. what did you mean by that? don't you have to exhaust smoke and odors? >> they are deep-fried like that. >> he just said they are going to do some kind of auto friday,

so what is -- auto fry, so what is the difference? he said there is going to be 15 gallons of oil. can we get it straight? what's it requires no -- pe-- >> it requires no hood. >> i think this is a sloppy, a terrible business plan, and i am surprised you would sign a lease with no compete clause,

so i do not know if this is the situation, but the responsibility falls upon the landlord to issue leases that you want to see in the mall. other than writing a check to purchase materials, do you pay them, or are you going to pay them any other franchise fees? >> there is no agreement. i am not going to pay them anything other than tahat. >> you plan to make