private document as guiding the city policy cc&rs are private eardrums between owners we can't use that so we encourage you not to make that change >> thank you if i could ask a followup question. on the larger question of housing there are a number of housing coming up on your calendar. i can on may 15th there's an informational item i believe it's about an update to the executive diversify on, on the may calendar i wanted to have you explain that one >> the 2013 housing inventory is the annual report we look back to title and permit projects essentially a year

snapshot of what happens in 2013 with housing at various income levels. the may i'm sorry 15 calendar item is with respect to the mayors directive on housing and how we're fulfilling that >> i believe one of the pieces in 2009 element is around the residential pipeline or the summary so you wanted to make sure we're fulfilling that requirement or desire commissioner hillis. >> i'd like to move item 11 certify it for the 2005 element. >> second. >> commissioner borden. >> i was going to say i'm fine if you want to move forward with

the motion of the eir we'll talk about we'll be moving the document including the japantown. deleting the word from there otherwise i'm glad that director ram clarified this document is not planning code is a higher arching policy with the city and every time we approve any projects there's the housing and recreation and customers elements there's all those elements their kind of the high-minded utopian view their conflicting in what they say with each other and you can take bits and pieces to justify or not justify approving the promotions. we hold onto not that the words don't matter they do but we hold on two tithe not realizing

inhollering you're trying to include everything were going to have conflicts. i want to put that out there. there's no zoning in this document the policy document so there's no way to change or go through the processes of the neighborhood or start a community process without a formal process happening initiated through the planning code. so i wanted to clarify that or a elective process to do a major rezoning thank you very much >> commissioner moore. director ram i have a question under number 5 the written comments submitted how you distinguish between cc&rs and neighborhoods specific guidelines. cc&rs are basically a private

matter, however, neighborhood specific guidelines there are quite a few of the guidelines in the city but older neighborhoods have collective ideas of what the changes in the neighborhood refer to how you distinguish between them and you have it's not a cc&rs specific guidelines they're not the same >> i agree commissioner our right to make that distinction the guidelines with one or two exceptions are not adapted their internal to the neighborhood. there are one or two exceptions but for the guidelines association they're effective the same and cc&r but private documents. and that puts me on the slippery scoping slope because the

neighborhood don't spend a lot of time carefully crafting and be proactive of how to move and if we categorically say those guidelines don't matter we're basically questioning our own ways of how we look at the cc&r and drs or the cu in front of the of us and define the ideas to governor how those neighborhoods moved. i find that strange we agree in those cases they've used the neighborhood specific guidelines as a guide for us to make decisions >> i'm simply saying where respect to referring to the documents there's nothing to prevent you, we bring the guidelines to you and we will continue to do that there is

nothing that says you can't it is only referring to the policy document. >> if i can add the defamation of the process there's a formal process for the neighborhood to submit it to neighborhoods have the opportunity to raise their internal workings rgz to a higher level. >> i appreciate that in explaining but i want to see a footnote the way it's currently if i understand it doesn't seem 0 acknowledge there's reference to the established neighborhood plans. it's so abstract it pretends there's north america no past they're not law in themselves as a guide they should be

referenced in order to be acknowledged they're there. and that might not be exactly under item six as a footnote i'll appreciate a reference to the guiding ideas. i'm not sorry the city attorney wants to weigh in on this this is an idea or not >> deputy city attorney i was in the position that i didn't get enough copies to understand this but i'll remind the commission this is a high-level plan and document if there's a process for on the planning department to adapt the neighborhood guidelines that maybe a more appropriate level than incorporating them into the

general plan to make the plan consistency finding in determining whether or not the projects are consistent. so let me take a look at at it but i generally agree with the director >> maybe staff can explain what is the process by which a neighborhood could submit their internal workinging documents or where to find the information. >> i wanted to say that there's a description that calls out i'll read the sentence in the middle of the last paragraph the planning staff for the reference for the individual community efforts that support the principles such as the neighborhood covenants restrictions and there's a reference in the policy to the documents existing we're not

able as a city to enforcing them without finding what's in there. they have a history of having all kinds of ideas if the neighborhood wants to take the work i don't know the exact process but i believe there's a formal submitting process on the website once our staff reviews is we work with the community to talk about which part the city can take on >> my appreciate that you saying that with the reference it alludes me, i.e., greatly appreciated you're reading them. >> director ram. >> i want to talk about the issue of the commission approval vs. the general plan elements where respect to ail general plan elements the commission has the authority on the language. the board only paralyze up and

down the board can't change the language only say yes or no >> commissioner hillis. >> so i'd like to move items 12 a and b for the sequa finding. >> we still have a motion heading on the floor inform the environmental impact report i appreciate that (laughter). >> call the question commissioners dollars commissioners. commissioner hillis arrest commissioner moore and commissioner president wu. so moved, commissioners, that motion passes unanimously 6 to zero. you can now take up items 12 a and b >> i'd like to move those and adapt the general plan for the

2009 housing element with the deletion of japantown. >> commissioner antonini. >> i think as part of our action do we have to resend an action to approve this so there's an order we have to follow that's one of my comments. >> yes. deputy city attorney susan knowles that's in our adaptation. >> that's in commissioner hillis motion. >> yeah. included in the motion before you. >> just a few things first time i want to know when we're going to start element 13 perhaps we can improve the language in my opinion i'll tell you one of the reasons i don't generally support some of the language

there's a sxhant reference to the affordable housing that's i think a miss statement i don't think rental housing is more affordable if someone is able to buy a home it's a great edge against inflation and despite rent control in san francisco you're at the mercy of rising that rents so we should be silent upon a preference for either ownership or rental tenants that's one thing we're not going to get it changed today probably. we're in a unique situation being a sfoif sunday ring with the harmonies of liberty; by water. we need more emphasis on the workforce because most couldn't have land for people to live in

various community san francisco is pretty much being treated like every other couldn't so we're unique we have to address the housing needs of our workforce not only our present residents and often we use the figures that are dated we look at the data that's a few years behind the situation and when income levels it up u come up citywide we need new figures to base our housing on. this is reason 3 i have concerned with this i think affordable housing is important but the definition of affordable t is one hundred and 20 percent of medium income and below.

unfortunately, many of our middle-class families can't afford housing so this didn't address their concerns it's not concerned affordable housing if it's above the one hundred and 20 percentage. so this shouldn't be restricted it should be affordable in general terms not tied a formula. those are some of the things i'd like to see it changed maybe the next time the element comes up i'm not sure i can be supportive of this one oar commissioners there's a motion on the floor striking the term japantown.

commissioner antonini. no arrest commissioner antonini and commissioner moore and commissioner fong. commissioner president wu. so moved, commissioners, that motion passes 5 to one with commissioner antonini voting against. commissioners that places you on item 13. formula retail controls today and tomorrow this is an informational presentation.

>> go ahead. okay. >> good afternoon, commissioners

planning department staff. today, we're providing our 3rd of four presentations in the formula series. since july we've been analyzing the formula retail and the effects on the city neighborhood we've presented the report and wanted to give the commission and the public of the overview thoughtful report. after diaz hearing we'll continue to welcome the comments through mid may and at the end of may we're moved with the recommendations of the data and professional analysis and public input. the report is a dense come a time i'll take you through the highlights. the first section how many formula rarities are there and who are they. citywide found 12 hundred

establishments that's 12 percent and nationally they're part of chains that include 10. and there's 31 percent of the retail square footage. the problems with the formula retail varies by business type 80 percent are retailer. and on average the formula retailers come up more spaces nearly 85 percent of formula retailers occupy 35 thousand square feet and now we'll look at where the formula retailers are located what we what they look like. they're highly in areas that accounts sorry places without

control. this includes the nc d and concentrated in you downtown and the north eastern water front their shopping centers that requires regulations. this is new material we're going to share with you it represents the in depth issues. some retailer formulas draw significant shoppers around the city have hire concentrations of formula retailer and it is based on on the issues like the customer traffic sales volume as he visibility and assessable of store for the purposes. retailers benefit from clustering and the concentration of the activity creates a designation that attacks more

shoppers. open fillmore have the is one example. the relationship of formula retail varies depending on the type of district. we saw this clearly in geary boulevard and the upper fillmore and the ocean avenue. in the upper fillmore retailer formula their neutron vindicate tarnl building with limited park and the fact when they have people that are likely to take transit. in crafting the ocean boulevard and geary is located in single buildings. many building go shoppers prefer to transport in car. this is the formula retailers

that cater to recreational shoppers depending on our their areas. in areas with the formulates are not regulated this serves shoppers and investors. the common retail include the apparel and height and beauty stories. in general the banks and other services that serve the customers needs are in districts with controls. this is the direction of impoverishes of dial needs. some parts of the city with lower incomes appear to be underserved so for the most part the formula retailers have distribute equally. some are immersing like in the upper fillmore it has clusters of duty stores and other

merchant but they report a decline in the services. on this charter it's stationary stores and art galleries and the like. comparing that retail mix to the ocean avenue mix the ocean avenue has other retailers and that includes the fruits and vegetables and framing stores and other stores. and in this section we'll be looking at how the railway formula effects their willing and able to pay higher rents that serves tourist. landlords in the city most attracted city market like the fillmore they require letters of 10 to 12 months of rent human

resources they've reported landlord keeping the vacancies up until a national tenant what about found there are not that consistent directions of local vacancies. the trends are up for formula activity it's strongly co- related with other things that happened after the recession. formula retail establishments have the resources to improve the store front and can serve as anchors but can be changed with communities organizing outreach. we understand that the public is interested in the formula in

benefits of diverse hiring unfortunately, we have a shaurl of data. and the data that is provided is limited to provide the privacy of folks so the daily is permeate vs. full-time is only through the sources. adding to the challenge the definition of formulate retail is very specific and is never reflected in the literature that is possible to reciprocate the data resources. we can say that the practices in san francisco vary by firm size as to whether a business is formula or retail. they employ significantly for workings in firms of the different locations.

for example, multiple site firms hire more part time or temporary workings. we can talk about the effect of labor laws firms with fortune 20 employees are less likely to offer health insurance. however, san francisco labor laws raises the floor that they require to offer higher pay compared to counted parts in elsewhere in the country. we'll be looking at the formula retail controls. it's important to understand that the planning code regulates the height and size and quantity of signage. exuding pending applications 75

percent of those have on approved. this approval rate may under represent the impact of the controls for formula retails as the police station itself discourages some retailers in district that are controlled. the process combrpz well organized merchants to keep out certain retailers. we have cu authorizations that have been denied and in general the applications appears to depend on factors like the potential impact on businesses and whether the landlord have keeping the vacancies up. the relatively low concentration of formula retails says their successfully keeping the retail

concentrations that is effected and before the controls went into effect the various commercial districts are served. by creating the disincentives the start up cost maybe lowered by making the - the city's formula retail controls maybe a contributing factor for large storefronts. the form rite aid is that a has been rented by walgreen's they pay rent but not occupy the space. the space retains vacant it maybe ideal to subdivide or divide the retail uses the bottom photo is a former

walgreen's that's been vacant and petco went through that earlier this year. the space is now released to a sports facility known as high 5 sports. in this final section wealthy we'll look at the approval process of formula retail uses. changing the definition to include international chances of 11 or more retails will unlikely effect businesses citywide. with 11 are corporate members their headquartered outside the u.s., however, they have a long established process in the u.s. keep that in mind the controls

to other types of land uses what effect the businesses in san francisco and make it more challenging challenging to fill the vacancies. as they've come consolidated number one retail uses are playing a role in filling the vacancy places and seeing the retails it's likely to effect new businesses. based on the businesses that are located in san francisco this proposed change is unlikely it have a wide range effect subsidies only accounted for 12 or more corporate places they have 12 or more locations with the same trade name in the u.s. the appropriate concentration of