commercial district, the issues that are very significant our traffic impacts, number one, and it is location, location, location. it was a store or shopping or business that is appropriate in one part of the commercial district. it may be totally inappropriate one block over because of the traffic patterns. and so this does not bring these factors into consideration. we are setting conditional use requirements in the code or good neighbor policies and the code that are important, but they do not address and number of the serious issues, and i think that is unfortunate. by virtue of its location, and the fact that people stopped to

pick up take out, there is significant traffic hazards during the hour, hazards for pedestrians as well as other drivers. i would have more confidence in that approach when other people, they were not the department of traffic officers when they going to get their coffee and pastry, so they double park. the issue of odor is a big deal. this is interesting. i spoke to the bay area

enforcement folks. fendi you know what? basic to call someone if you are upset, but there is no criteria. that to me is not good legislation. similarly, the 25%, two restaurants across the street and see that potential in many districts. is that really what we want to do? i think there is more work needed to fine-tune some of these things, and i hope we can get some of that done in the next week. thank you. supervisor wiener: thank you. next speaker. >> linda chapman. at least one person here has heard of the perils of polk street, and i cannot even begin to tell you about it at this time. i hope we do not make it worse. i certainly appreciate getting rid of things about whether or

not you can keep a bagel or whether or not you can serve ice cream in a cup or not. but the main thing, as i think tom said is the way that alcohol plays into these. you do have a definition. i am not sure if you are eliminating it about a bona fide eating place that sort of tracks with what the abc definition is, but in the planning code and even more detailed, and that is really useful. restaurants and all of these other things. i did not come upon that one. i am not quite sure if i understood that it is always going to be a conditional use when an alcohol license is applied for. in some bank -- something was granted. they take over a place where it was maybe a restaurant before, but they get a conditional use

for a restaurant, but they turned into a nightclub or a bar, and they can go until 2:00 in the morning. if every time they came before you, they were able to limit the hours as appropriate to what the business center was going to be, like ok, only until 10:00 or 11:00, all right, but right now, they do not. there is a big disconnect between what the abc thinks these establishments are on polk street and maybe what the planning commission authorized. let's say the planning committee authorized a restaurant, but it is operating as a nightclub, and it has a license because the planning commission says it was a restaurant. what really is a restaurant? they are not functioning that way. we cannot make it too easy for

them to do that, and having a lot of detail about are you doing this, that, or the other thing helped. in various planning code things, it also needs to be considered a bar. whether it is a restaurant and also has full service alcohol. well, what is happening somehow has to be addressed. every time abc says, is this authorized to be a bar, really, it was authorized to be a restaurant, but the planning code says it also has to be listed as a bar, and the commission says and it cannot operate as a bar, but nonetheless, it was sort of authorized as one. then it gets a license to be a bar, and what cannot be a bar is operating as a bar, so we need to make sure these are addressed. supervisor wiener: thank you. next speaker. and i also have a card now for arielle.

>> good afternoon. my name is -- and i am a retired planner. i worked for several years. it takes some courage to say that here after this, but we as a plane department did not sit and suck our fingers and say let's make it difficult. this was all in response of the public. and i have to say that the public here is very different than what we saw. there are no neighborhood people year. you have merchants and small business people here. why was there no outreach to the neighborhood groups? i cannot understand that. i telephoned last week supervisor olague's office and asked what kind of outreach there was. of course, they could not tell

me, but now i have heard that there were at least four meetings with the small-business community but none with neighborhood groups, and the neighborhood groups have been suffering from restaurants and bars and whatever. i also want to mention that last week, supervisor wiener introduce legislation for the process of creating historic districts and requiring the consent of the majority of property owners, and here, eating and drinking establishments are being pushed through without any outreach to these neighborhoods. but i am happy -- and the

1980's, we try to balance the concerns of the merchants and property owners on one side and the neighborhood residents on the other side. this is also to the adjacent residential areas. they are told they are blocked by users of restaurants, and the nuisance impact from a large restaurants late at night. in their door york -- in the doorways and the front yards. this is about maintaining the mix of neighborhood serving retail uses, such as grocery

stores, sure repair, and dry cleaners. this is a concept i would like to emphasize again now with the relaxation of the eating and drinking controls, and i am not against this. i just want you to think about this. once a retail store is converted, it will never go back to retail. all of this technical stuff, it is too big. the property owner -- i guess my time is up. there are the use limits which were not intended to affect restaurants or to catch other things in the district.

supervisor wiener: i want to respond to some of the points that were just made. this is not to meet with merchants, and i know that supervisor mirkarimi had a meeting last year, and i have interacted with various neighbor associations in my district,

said there has been a fair amount of outreach competition and lead thanks to the city planner video. i also want to stress that this does not eliminate neighborhood controls. there are still plenty of neighborhood controls, including conditional use recorded for full-service restaurants, and it is full- service restaurants with liquor licenses that do have the impact ++ rents and

higher profit margins, and then finally, i just want to say, no one is questioning the importance of the neighborhood commercial districts. for those creating those in the 1980's, it was very, very important work to recognize the need for controls in these districts, but the problem is with the accumulation of ad hoc planning code amendments over the years, we have created basically a frankenstein's monster, where we have added one thing after another after another, which made some sense to address some issues at some time, but in aggregate, it creates a patchwork that creates a nightmare, and that is what we are trying to deal with in the permiting process. >> i just want to echo what supervisor wiener ssaid. we had at least two innings, and we continued this with many residents who wanted us to continue the legislation for more input from neighbors, and we fully respect about what business owners need, and i think to the end of, what we're trying to do is remove a lot of

consistency is that have existed over the years in order to respect the fact that many businesses are struggling and pay huge amounts of money and wasting huge amounts of time, so with the planning commission level, we extended the period for neighbors and the small business commission, i would argue that we have had time for the neighborhood to engage in this. this is not going to end at this, obviously, and i think at some point, we need to look on and what goes on with a permanent, and i think there are some things that go to get to the process that may have to deal with issues outside of the

code, but we do respect the work that folks have done. i know that dan came back and did a lot of updates, and there was even a hearing recently or a planned hearing at the small business commission, and the input that we have received mostly came from neighbors and not from the small-business community, north beach, the ones we received this past weekend. they are coming from neighbors. they are not coming from the small-business community in north beach. we will have an opportunity to hear from the north beach small business community to get their response to some of the edits that have been incorporated this past week, but i think, again, the input that we have received this past week has been from the neighbors and not the merchants. supervisor wiener: thank you,

supervisor. i think there may be one or two further public comments, so if i have not called your name, please, . i do not have any more cards, so if you would like to speak, please come and fill out a yellow card. >> below, my name is arielle. by has been and i are going through the process of opening itself serve frozen yogurt shop. and we finally got our conditional use authorizations for the planning department. there are some familiar faces here today, and we started this process, and since the beginning of the process, we have had complete neighborhood support. the support of the neighbors association, and even so, we were paying rent the entire time and unable to open our business, so anything the city can do to address, just as supervisor

wiener said, are frankenstein code, to do it as quickly as possible, it would be appreciated. supervisor wiener: thank you very much. and i have two additional cards, janice and rock. and those are all of the cards that i have. >> good afternoon, supervisors. my name is janice clyde. we operate a establishment. i want to thank you because i just completed four years on the small business commission where we had this. it is very important streamlining legislation, and that is one of the charters of the small business administration, to streamline this for businesses, and all streamlining, but small businesses, obviously, so thank you for this. i would like to speak just very briefly about creativity and why it is important to collapse

these definitions into just three, because businesses are dynamic. neighborhoods are dynamic, and businesses need room to maybe change their business plans up. sometimes, they are going to grow. sometimes, they are going to downsize, but to have them micromanaged as to whether or not they are complying with their rules is more than counterintuitive. it is not the sense from the city's side to have that level of micromanagement. i would like to also say that the residents, the food and drinking establishments in san francisco collectively employ more san francisco residents than any other industry, and our san francisco residents, it is about 90% of our employees are actually san francisco resident. it is a very important importer, so anything you can do to assist us going forward, employers

going forward, businesses with -- potentially our smaller businesses, keeping this in our communities, the importance of this has been stated. i would like to caution you about adding layers of controls in already highly controlled districts, particularly the broadway district. broadway is a highly controlled district now. it is undergoing quite a bit of change. i will speak to the amendments when i analyze them. i know people who are working very hard and they had the idea this process was going on. i am talking about property owners and business owners in the broadway corridor. a lot of work has been done, a lot of great preservation and protection work. however, an additional layer of control in the already strictly controlled area, i would

caution. i ask you to look at bats. thank you very much for moving this -- i ask you to look at that. supervisor wiener: for anyone who would like to see the amendments come up my office will e-mail those to you. >> i look forward to a thorough discussion. >> thank you for your work on the small business commission. >> thank you very much. >> good afternoon. i would like to thank the supervisors for their leadership on this issue. it is incredibly important to the restaurant community. i want to reiterate how an important the restaurant community is to the city.

the commissioner talked about the importance of the restaurant committee as an employer. and how that impacts our residents. it also enhances your neighborhood. when you go out to eat, those public places to find a character of a community parade it is not what you do in your living room, it is what you do in the city's living room. did it really is integral as to what -- who we are as a city. it is also integral to who we are economically. 50% of visitors said the number one reason they came to san francisco was to eat. the restaurant community is the number one driver of the number one history -- industry of san francisco tourism.

by condensing these and providing the flexibility, it allows our restaurants tuesday competitive and innovative -- to stay competitive and innovative. this legislation will further in power who are leading the charge. the legislation strikes a very good balance of controlling the impacts while opening up the creativity. i think that is a testament to the yearlong process that the legislation has gone through. the significant community support, significant business impact. the professionalism of the planning staff. it has been a pleasure to watch them work over the course of the year. albert to the neighborhoods, and outreach to the -- outreach to

the neighborhoods, outreach to the business communities. i want to think their efforts. i look forward to seeing the amendments. i know you have incorporated some amendments in trying to protect the definition of restaurants in a way that incorporates that bonafide approach. again, we support this amendment and we support the effort. thank you very much. supervisor wiener: thank you. >> good afternoon, supervisors. i will be brief. i did not know too much about this. it has been quite a challenge in the last several years. as a volunteer, i have to confess that i do not know all

the different aspects of the issues being raised at the board of supervisors. there has been a lot of things going on. we have folks in student housing, better neighborhood plans, parking staff, recreation, open space, and the preservation issues. supervisor wiener has kept us very busy. this issue, unfortunately, it was under the radar. we do not know much about it. i am glad it has been continued for another week. we hope to be educated. i would like to thank the planning department. in the past, they have been very helpful.

there outreach is very good and they have been very cooperative and having meetings with us or having conversations. perhaps somehow, you could get the planning department to assist in having meetings with us. or with the community. we were not really involved in this. thank you for extending this for another week. supervisor wiener: thank you very much. is there any additional public comment? >> good afternoon, supervisors. i have been living in san francisco for 60 years. listening to the different discussions here, i have a couple of questions i would like to make for the record.

first i would think that it would be a good idea to have their roll-call of the different neighborhood merchant groups to say whether they were in favor, a post, or no comment. -- opposed, or no comment. i think that would clarify the situation and give each merchant group a chance to wait and whether they are interested or not. this way, everybody in this city knows who is in favor, who is in not favor, and who does not care. if you have an existing business, it is they're going to be specific additional cost? i think the answer is no, but that should be clarified further. i would like to ask whether there is going to be increased authority for the san francisco police department to close down troublesome businesses in these two categories. i think that is something that

did not work. maybe we should specifically asked the sfpd to weigh in. i would like to remind everybody that the current situation involving these two types of businesses or sets of bypassed bureaucrats. if we want to improve the situation, we have to admit that a lot of the problems were caused by past bureaucrats and past planning commissions. i want to get this on the record that this was not a problem of noncompliance. problems caused by change, etc., etc. i would like to mention one situation in my own neighborhood of west would park. it deals with safeway that was

brought into the development. all of a sudden, they left, i guess that was not a good idea. i would like to mention whether bringing in at the whole foods near city college is really that good of an idea. some of my neighbors, especially on the other side of ocean avenue, feel that maybe we should have brought in one of the big chain dollar stores like family dollar or dollar general. i have a feeling that stores like that are going to have a lot more foot traffic than wholefoods. since save weight is going to expand on monterey boulevard, a lot of the customers will continue to go to safeway. i have a feeling that cold foods is not going to last. thank you. --whole foods is not going to last. supervisor wiener: public

comment is closed. colleagues i have distributed the proposed amendments in addition to the written documents, there are two small amendments that i would like to read into the record. they are in section 703.2, subsection c. at the end of subsection i, after the phrase of street parking and loading, we would add the phrase, and excess 3 wholesaling manufacturing or processing of foods, goods, or commodities. in subsection v, strike the word

primarily before we tilt sale of such foods. -- resale of such foods. i would move the amendments to legislation. >> colleagues, can we take those amendments without objection? supervisor wiener: because of the amendments, we will need to continue this one a week. i moved to continue this item to the meeting next week. >> can we take that without objection? without objection, thank you. thank you, everyone. could you please call item number 2? >> item number two, resolution accepting a gift in place to the botanical garden center. >> thank you. this item is offered might