two areas of egress and ingress. either 19th northbound or lincoln eastbound. >> that is correct. >> because obviously you can't make a left turnoff of 19th and you can't make it off of lincoln either going westbound. so that would be the way it would be handled. >> you're correct. >> and then for staff, on the issue of parking places, are you in agreement we could add two more places without causing a problem there? >> the department would need to work with the architect to determine whether parking spaces can be accommodated without impacting the queue for the project. i mean, i think we definitely would be able to get in one more additional parking space adjacent to the currently proposed spaces. if the commission decides, you know, it wants a total of four parking spaces, that would have to be designed with the architect. >> for the maker of the motion, could we give staff the

flexibility to at another one if it can be done successfully? >> yes. >> on your motion, we have the two one is handicap and we would add one more regular one and possibly two if it's possible to do it. >> i don't want this to be at the expense of the buffer which keeps the queueing for the [speaker not understood] away from the residential. i could see there is one place commissioner antonini sees where i can draw it rather than going, unstacking. if staff has a better solution -- >> then dints it's amending to that, leaving it up to staff. no more additional. the hours have been changed from 7:00 a.m. to 9:00 p.m. for the car wash. so, i'm supportive of that. >> the maker of the motion -- okay.

commissioner sugaya. >> let's face it, cars are going to park where they're going to park. i do at a gas station. [laughter] >> even if it's not [speaker not understood], i park wherever and run in the store or just leave it at the pump station and walk in, as commissioner moore was talking about. but i'm not too worried about it. it will just add to the congestion. it's an awfully congested intersection to be adding, i think attraction, more attractive stuff like the convenience store and the car wash. not too enamored making it worse than it is especially since there are two [speaker not understood] in froth of the station. can i ask the project sponsor a question? in your experience -- how long have you run the station?

so far? ~ [speaker not understood]. >> in your experience, do the muni buses block your driveway? occasionally. >> 20% of the time, 5% of the time? yeah. can't do the calculation, but it's happened. >> i'm just asking. you know, it continues to add more stuff. so, i'm not sure if i'm supportive or not supportive. i think we're adding even more problems to this particular intersection and, i don't know. >> if i may, president fong. staff as well as the project sponsor did contact sfmta and their prep is to actually move the current line so the bus

shelter [speaker not understood] move that bus stop to the north side of the section into golden gate park. so, what they will do is they will also, in doing that, create a left turn pocket for buses and then actually remove a right-turn pocket from lincoln way heading eastbound. and, so, although mta has determined that that will result in some traffic impacts and delays i mean, staff analysis indicates that this project will not exacerbate that condition. >> thank you for adding that. i think that is a very important piece there. >> commissioners, there is a motion and second on the floor. shall i call the question? >> please. >> on the motion to approve with conditions as amended to limit the car wash hours of operation to 9:00 p.m. and to allow with the consultation of the architect and staff up to

two additional parking spaces as long as the buffer is preserved. >> thank you. >> on that motion, commissioners, commissioner antonini? >> aye. >> commissioner hillis? >> aye. >> commissioner moore? >> aye. >> commissioner sugaya? >> aye. >> commissioner wu? >> aye. >> and commission president fong in >> aye. >> commissioners, that motion passes 7 po 0 unanimously. >> on the variance close the public hearing as well as commissioner sugaya's concerns about the project, i would be inclined to grant your requested variance and there is no way to have any commercial lease orthctionv property without granting a variance. with no subsidy letter appealable of the board of appeals within 10 days of the issuance of the [speaker not understood]. contact mr. beale. thank you. >> commissioners, next on your calendar is item 14 for case no. 2012.1356c - 2100 market street, request for conditional use authorization.

>> good afternoon, president fong, and members of the commission. [speaker not understood] planning department staff. before you is a request for conditional use authorization to establish a formula retail restaurant with an outdoor activity area doing business as chipotle 2100 market street, on the corner of market and church street and within the upper market and neighborhood transit district. the subject property contains the commercial building has been vacant since 2011 and previously occupied by a business -- a restaurant doing business at home. the project involved exterior and interior tenant improvements to the building. 3500 square feet of floor area and an outdoor seating area located directly adjacent to the west of the building and located to the property.

this report would feature standard offering mexican cusine along with vital beers and margaritas. it is based out of denver, colorado and has approximately 1200 locations nationally and nine within san francisco. it would be the first within the named commercial neighborhood district. and the packet was published. the department has received additional public comment. in total, the department has received letters in support for the project from the merchants of market and castro and the castro market community benefit district. 102 letters from the public and a petition with 1,161 signatures. in opposition, the project has received letters from the duboce neighborhood association [speaker not understood] along with letters from the public petition with 6 73 letters.

[speaker not understood] and a separate online petition in opposition with 8 38. [speaker not understood]. the commission recently adopted a policy determining a approximate concentration of formula retail uses in similar neighborhoods that extends from octavia boulevard to castro street. [speaker not understood] recommend approval of any project that brings its concentration of subject property to 20% or greater. although the commission had discretion to approve or disapprove the project. retail uses with commercial frontage within 300 feet of the project site which results in an existing formula retail concentration of approximately 20%. and the project would increase this concentration to 36%. the neighborhood is also already well served by three

locally -- local [speaker not understood] restaurant. [speaker not understood] at 136 church and [speaker not understood] at 235 church. and the project would also be detrimental to the neighborhood by occupying a formula lot. [speaker not understood] signage that would attract the local character of the upper market neighborhood. this concludes my presentation and i'm available for questions. thank you. >> thank you. project sponsor, please. >> commissioners, andrew junius waiting for the powerpoint to warm up here.

all right, thank you for your patience, commissioners. andrew junius representing the sponsor chipotle. we're going to take all of our time today, 15 minutes. i do appreciate your patience. i'm going to start with policy discussion related to some of the retail issues that have been discussed lately the last couple months, followed by the architect and designer [speaker not understood] who will talk a little about the design and then the presentation will be completed by chris [inaudible] to talk about chipotle and their mission here in the city. if i could get the overhead. so, let's start with the policy issue. you know, we certainly appreciate staff trying to address what's really a complicated emotional, very interesting issue that formula retail brings to city as the whole business community owners. as the conversation continues,

we do believe that some of the issues are getting confused and more questions are being raised than we're getting answers. so, let's look at the policy now. it really comes down to a calculation. that's being called the 20% pole ski for everything. it seems like a relatively straightforward concept that you draw at a radius and you work through a calculation. but there are a number of things that the planning department doesn't include. it includes lots, vacant lots and store fronts. doesn't include [speaker not understood]. it's a confusing mishmash of neighborhood issues. so, here we're all familiar with this, upper market in the castro. here is our situation. we're

-- we're not talking about the neighborhood commercial district as a whole here. this is a long district, linear along market street. ~ we're focusing on the policy because of the radius on this corner. what's kind of the elephant in the room in terms of this calculation and i'm going to get to this in more detail in a minute. just to the north of the site, the parking lot at the carpeting sen interpret. [speaker not understood] uses in that shopping center aren't in the radius. a little bit closer, look exactly what we're looking at in terms of lot and again, these are the five formula retailers in the radius. five store fronts, five businesses you would walk by on market street. the other thing driving the kg lag, it serves the saved kay to

the north. it's not a building, not a business, it's just a parking lot. now, if you take out the parking lot, we'd have a different calculation. 1% would be a significant reduction in formula retail. and again, you'd still be looking at the formula retailers within the radius. you just wouldn't have a parking lot included in the calculation. we can certainly do things differently and in the past we have done things differently. if you look at blocks, for example, look at who is on the block face and across the street, in this case you'd get approximately 20%. we're also lumping all the uses in this 300 for radius together. and if you look -- it's an interesting fact that i was a little bit surprised about it. if you look along market street all the way down to castro, on market street there aren't any formula retail restaurants. there's a subway. there's a starbucks. there's a pete's and jamba

juice. it would be the first formula retail. that's what the planning commission, not the other, the policy requires you [speaker not understood] over the last couple of years, i talked to a number of commissioners on sidebar. vacancies are real issue for neighborhood commercial districts, even successful with youedxctionv. we all think the castro and upper market has a successful neighborhood district. there are nine large vacancies along this stretch of market street. and if you approve this one today, we'd be down to . but it's a significant issue i think should be addressed. i'm going to turn the rest of my home over to the designer followed by [speaker not understood].

and answer any questions you have at the end of the public hearing. good afternoon,

commissioners, my name is chris. i work for [speaker not understood]. before i talk at all about the nature of our business and how we operate, i wanted to address a couple of misperceptions that have swirled throughout this process. the first is that chipotle is owned by mcdonald's. we are not. we've been in business for 20 years. for 7 of those years mcdonald's was an investor in our company, but they've been entirely divested since october of 2006. and the other is that somehow we magically outmaneuvered or outbid local restaurateur for this space. we did not. there was an independent restaurateur interested in the space prior to chipotle and when their negotiations got so far as exploring the very convoluted circumstances surrounding the liquor license associated with this space, they withdrew and that's when we got into the space.

with those sort of out of the way, when we think about the variables that contribute to making an outstanding food culture that we very much enjoy in a city like san francisco, the things that come to mind are access to the best of local foods, beautifully or produce grown by local farms, animals raised in humane ways by farmers who emphasize the use of care over chemicals, food artisans who are making cheeses and cured meats in very traditional classic ways and always trying to elevate the quality of what they do. those are the kind of things that are the an advertise sis of what one would expect in a chain restaurant. ~ they're exactly what we do at chipotle. we are a chef founded and

chef-run company. while we expanded beyond our original vision of having only one restaurant and now having many and meeting the definition of formula retail, the company still very much runs around the ethos of a chef owned or chef-run restaurant. so, our business is really built on finding the best sources, more sustainable sources for all of the ingredients we use. we began that quest when we started working with bill nyman here in the bay area who was one of the pioneers of the sustainable food movement. and since we began that, we've accomplished a number of things that are firsts for a chain restaurant. we are the first chain restaurant to serve all naturally raised meat from animals raised in a human way without the use of hormones or antibiotics. 3 we're the only chain restaurant

commit today organic and locally own produce. we used more than 2 million pounds of produce grown by local family farms and we're the only national restaurant company committed to using dairy products for us, that's cheese and sour cream made from milk from cows that are raised on open pasture. in fact, one of our primary cheese partners is not far from here, the petaluma creamery which is an outstanding award winning artisanal cheese company. similarly, the way we hire, train, and develop people flies in the face of conventional chain restaurant wisdom where ours is an industry that's really characterized by providing low-waged dead-end jobs. that's not what we do. we promote 97% of our managers from within the ranks of our crew and regardless of one's position, we offer competitive wages and benefits that include health care, access to 401(k)

participation, paid vacation, and bonuses. and the way we market our business is very, very different than other chain restaurants. it's not aggressive discounting efforts to steal share from other restaurants. it's more evangelizing for a movement, sustainable food movement. in fact, we hosted an event in golden gate park just a couple of weeks ago where 40,000 people turned out and enjoyed food not only prepared by our team of chefs, but by some of the best chefs from the area and a number of food artisans from the area. these are really the hallmarks of our business. while under the math we very much qualify as formula retail, the way we run our restaurants and the way we behave as a business really flies in the face of most formula retail.

certainly in terms of the way most chain restaurants are operated. so, with that i will conclude my remarks. i would also add that we do have other members of our project team here, actually one more quick point before i conclude. when we began this process, we knew that there would be opposition just given the character of the neighborhood and the nature of our business, but we've also been really pleased by the level of support. the opposition we've seen has been in no way overwhelming or universal, and in fact, the support we've received has been truly remarkable and very, very strong. and in the opening remarks you heard the figures, numbers of petitions signed and merchants immediately surrounding the site signing on in support of our project, dozens of letters and e-mails submitted in

support of our opening a restaurant in the castro. with that i will conclude my remarks. we have additional members of our project team who can help address any questions that you may have. thank you. >> thank you. okay. opening it up for public comment and there are a number of cards here. so, i'll call a bunch of names. if you want to line up on this side of the room, -- >> there is a request for an organized 15-minute block. ~ thank you, commissioners. good afternoon, my name is pat tura. i am president of duboce triangle neighborhood association. first of all, i want to acknowledge as we just heard, chipotle is a very successful $2.8 billion enterprise with very successful stock that closed at $350 a share today.

chipotle definitely struck the heart of america with their organic marketing and positioning, but i'd also like to read you what was posted -- reported in the huffington post this morning. chipotle can't escape gmos. the recent chain became the first fast-food chain to label the ingredients used to contain gmos. the list is deep. in its website, not in its store, 12 out of the 24 ingredients listed on the site indicate gmos. the organic positioning has allowed them to open 1200 restaurants across the country. however, like every other formula retail restaurant, they depend on quantity to meet the demands of their business. while we all know that petaluma creamery is a wonderful place, how many of these 1400 stores

can they supply and to make a $2.8 billion business? >> please stand by; change of captioners

>> we have $25,000 square feet of new commercial space coming on to market street. we need a vision for market. if we run after every vacantcy on the street and say that we got to rent to this chain regardless of whether the neighbors want them or not, what are we going to do the other 25,000? this is similar to starbucks, which you denied the permit. we have cvs which is a good use of that space and you approved that project. and this is another blieted building and it has been vacant

for two years and it smells, and it is filthy, and there are people sleeping in the doorway. and that was not the landlord's fault, i know that. >> they have done nothing to clean the building, they are holding the land hostage because they want formula retail. we know that supervisor weiner introduced the look out at 16 and this market and very successful business and they called the landlord and the landlord barely wanted to talk to them. we know that star bellies and i have an e-mail here and i will read you what they say. yes, we wanted to come to the neighborhood for its unique character and we already have business theres and it has been a good relationship with the neighborhood. we wanted to offer a proven type of road house cuisine that we thought would be a good addition and not available in the neighborhood. the only answer we got is that they decided to go somewhere

else we were actually willing to pay what they asked but we still did not get it and i would like to submit this so that you understand. i also know that another restauranteer tried to rent it and there were 34 letters in your packet that it said were sent from merchants who were in support of this. and i called planning to say who are these 34 merchants because i talked to many of the merchants on church street and there is like a land full, not 34. and we don't work with that neighborhood or know that neighborhood. they are not in support of this project and some of those merchants, could not be here

today, some of the merchants who could not come here, they do not stand to win anything, to have chipotle come, a music store or a photo store or a music venue.