the neighborhood so we don't think the structure deals with that this case under the proposed protective our department will so support will not be formula retail and the use is unique they've been determined to be formula retail and modifying the project to not be subject to those requirements. >> how many times have you found the group to be not formula retail. >> i mean it's hard to say in terms of their present of businesses we process thousands of permits everyday or i'm sorry every year in the city for many small businesses so i full understand the question.

>> how many changes in access of 11 changes or facilities that have some of the other characteristics at one up to this point in time have you not determined to be formula retail. >> in terms of someone characterizing theory population this has happened once before there was a formula retail owner they had a couple of locations franchised locations. >> where they was the tap i don't care pulgd store. >> one on castro that went out of business there were a couple of locations that changed and operating under different names

and made similar product but more akin to a coffee shop that serves a blue bottle but not a blue bottle coffee shop. actually, i forgot that i remember that case and >> before 2007 before this board. >> thank you. >> i'm sorry. i'm start. first of all, i support any organized health care that is in a fight to get rid of hiv and aids. under their original plan they've proposed this board determined they were formula retail. i think that if you look back at

the formula retail cases before us they each had different criteria by ultimately although they've changed the uniform and color of their sign and the corporate is still remaining the same it's still formula retail >> well said i feel very similarly and i think, you know, i don't know the ins and outs the political dissension or what's happening within the community. that is being represented by aids health foundation and the groups in the castro working to service people living with hiv and aids but i think that this one thing i don't like and whatever xhekt context where the processes are being manipulated

and they shouldn't be awarded so to whatever stent we can find i'm definitely of the view that the lifting suspension is not an error. changing the name simply a way to get around this process was intended for >> yeah. i have a position. you know the issue is what the zoning administrator has present and yet the vast majority of

discussion did not related to the issue that he brought forgot. nobody spoke about the specific criteria they talked about in generalities about the issue that makes it it perhaps a larger institution that is a formula retail chain. however, in those kinds of processes there's two ways to it. and one way is to where it's been determined that it's formula retail and then it has to go through a conditional use process that's been determined and i don't find the zoning administrator used his discretionary whether or not

they should have gone through it in terms of communicating that's a different issue but at this point, i did not find the zoning administrator recording or misused his discretionary >> i'll have a response to that simply because the issue was raised. >> i didn't ask for a response. >> thank you, commissioner i appreciate that. >> i think the issues were addressed by the appellant in this case. with respect to the changes of the name and the color or branding of the product and the signage i think that's the language. i think i would say that is not the failure to engage and the desire to get around the

position it's a big problem and subsequential issue, however, i think that the occur ventilation of a process in place we found that was formula retail. it's something we should and can stand by simply trying to get around that through a signage change shouldn't stand i disagree >> okay. i think technically i don't think the zoning administrator record technically. but i don't feel like i have enough information as to the contrary criteria to make a

determination about formula retail i agree with commissioner fung that perhaps those are concerns that are valid but not technically part of the legislation as it stands or of the formula retail statute regulation as it now stands there's legislation preponderance of the evidence maybe to clarify or expand that but we have to look at what the criteria are i don't believe the zoning administrator erred my inclination to get more information in order to make a determination i don't feel i have enough information, you know, and that's a motivator of what i prefer for a conditional use hearing i encourage the foundation to go, go ♪

direction. i agree with my fell commissioners, if you're trying to service a community you should hear their input given all of that i don't feel i have enough information to vote. i move to continue it to allow for more evidence to be presented on the criteria. so i don't know if someone wants to make a motion >> how long will you continue it for commissioner ms. president. >> scott sanchez so i understand the prospective whether the permitted holder has convinced us they're not a formula retail so this could give more time to demonstrate

they're not a formula retail the board can grant at appeal and disallow the run establishment of the permit and diversify direction we'll work through the process. nothing about this will prevent the permit holder to operate as a formula retail and condition but that will also b be an option with our guidance seek additional information and process a new if it meets the stated information release the suspense >> you said earlier the oral process is six months or the exceeded process is six months. >> the normal process is of most the case would have been filed in february. the use size we've converted to

the conditional use authorization but we'll again process that as expeditiously as possible going back to operating what they said previously >> that will be 90 days or one hundred and 20 days. >> the commission has a hiatus in august so we'll not accommodate a meeting before the first two weeks of august that is the earliest possible for our staff with the backlog by the way, we'll expedite it. >> it could be easily take 6 to 8 months. >> the fact is yes even if we had a hearing on thirty days the

planning commission could not take action then. >> motion? >> i'll support. >> seems like everyone is waiting for the new legislation. so, yeah so i would 0 move that we ask the permit holder to provide additional information to meet their burden as to why they're not formula retail use and consider it at a future date not precluding the permit holder as mr. sanchez suggested going forward with a conditional use authorization process. i don't know how much time you'll need to submit further

evidence >> is that our burden of proof. >> yes. it is your burden can you step up to the mike please. >> i mean, i'll ask for would thirty days be too long thirty days. >> it's a motivator of understanding a good place on the calendar. >> we will present it to the planning department or here and here. >> my motion is we don't have sufficient information we need further information to evaluate. >> so the next hearing would that be in a months time. >> we'll continue to this we need to present this it will come back to this board for a

hearing and decision. >> then i'm going to say let's going go for two weeks if this body can move that quickly two weeks. >> vice president we can move it to the second or 23rd of july but i don't know if you want to give time for the appellant to have time. >> the 23rd is better. >> so i assume you want the project sponsors to come in first and the appellant to come in second. >> yes. >> how much time between the briefs briefs. >> a i guess a week. >> the hearing is on the 23rd our brief is due two thursdays prior to the 23rd of july and the appellants brief and the c a-1 theirs user thursday prior

to the 3rd of july. >> let's do 8 pages maximum. >> is there a limit on the pages and a did the appellant have a question. >> just come up to the mike. >> july 23rd most of the aids community there will be a national aids conference. >> what about the first available in august. >> probably august well - on august 13th i have many at&t denials westbound heard and on the 20th you have four appeals

of the academy of arts university that may or may not be heard that day. >> let's do that then the latter august 20th. >> okay. that's the best we can do. >> the permit remains suspended for two months. >> there's no way to move it earlier than that. >> not given our calendar i'm sorry. would you tell me that date >> august 20th. >> so our brief is 8 pages unexhibits. >> that's the motion. >> yes. >> when our ready mr. pacheco. >> we have a motion from the vice president to continue this matter until august 20th the

public hearing has been harder to allow the project sponsor to submit additional information on the formula retail status. due two tuesday prior from h f and one theirs prior to the zoning administrator >> it don't go forward with the moti motion. >> i'm not sorry i understand what you said. >> why don't you repeat. >> i want to make sure i oppose the motion i wasn't con ceded to the motion those are the dates we prefer. >> okay. thank you a. >> on that motion commissioner fung.

>> no. >> commissioner hwang. and wanting is absent commissioner honda >> thank you the vote is 3 to one this matter it continued until august 20th. thank you there's no further business. so we're adjourned. >> hi. welcome to san francisco. stay safe and exploring how you can stay in your home safely after an

earthquake. let's look at common earthquake myths. >> we are here at the urban center on mission street in san francisco. we have 3 guest today. we have david constructional engineer and bill harvey. i want to talk about urban myths. what do you think about earthquakes, can you tell if they are coming in advance? >> he's sleeping during those earthquakes? >> have you noticed him take any special? >> no. he sleeps right through them. there is no truth that i'm aware of with harvey that dogs are aware of an impending earthquake. >> you hear the myth all the time. suppose the dog helps you get up, is it going to help you

do something >> i hear they are aware of small vibrations. but yes, i read extensively that dogs cannot realize earthquakes. >> today is a spectacular day in san francisco and sometimes people would say this is earthquake weather. is this earthquake weather? >> no. not that i have heard of. no such thing. >> there is no such thing. >> we are talking about the weather in a daily or weekly cycle. there is no relationship. i have heard it's hot or cold weather or rain. i'm not sure which is the myth. >> how about time of day? >> yes. it happens when it's least convenient. when it

happens people say we were lucky and when they don't. it's terrible timing. it's never a good time for an earthquake. >> but we are going to have one. >> how about the ground swallowing people into the ground? >> like the earth that collapsed? it's not like the tv shows. >> the earth does move and it bumps up and you get a ground fracture but it's not something that opens up and sucks you up into haddes. >> it's not going anywhere. we

are going to have a lot of damage, but this myth that california is going to the ocean is not real. >> southern california is moving north. it's coming up from the south to the north. >> you would have to invest the million year cycle, not weeks or years. maybe millions of years from now, part of los angeles will be in the bay area. >> for better or worse. >> yes. >> this is a tough question. >> those other ones weren't tough. >> this is a really easy challenge. are the smaller ones less stress? >> yes. the amount released in small earthquakes is that they are so small in you need many of those. >> i think would you probably

have to have maybe hundreds of magnitude earthquakes of 4.7. >> so small earthquakes are not making our lives better in the future? >> not anyway that you can count on. >> i have heard that buildings in san francisco are on rollers and isolated? >> it's not true. it's a conventional foundation like almost all the circumstances buildings in san francisco. >> the trans-america was built way before. it's a pretty conventional foundation design. >> i have heard about this thing called the triangle of life and up you are supposed to go to the edge of your bed to save yourself. is there

anything of value to that ? >> yes, if you are in your room. you should drop, cover and hold onto something. if you are in school, same thing, kitchen same thing. if you happen to be in your bed, and you rollover your bed, it's not a bad place to be. >> the reality is when we have a major earthquake the ground shaking so pronounced that you are not going to be able to get up and go anywhere. you are pretty much staying where you are when that earthquake hits. you are not going to be able to stand up and run with gravity. >> you want to get under the door frame but you are not moving to great distances. >> where can i buy a richter scale? >> mr. richter is selling it. we are going to put a plug in

for cold hardware. they are not available. it's a rather complex. >> in fact we don't even use the richter scale anymore. we use a moment magnitude. the richter scale was early technology. >> probably a myth that i hear most often is my building is just fine in the loma prieta earthquake so everything is fine. is that true ? >> loma prieta was different. the ground acceleration here was quite moderate and the duration was moderate. so anyone that believes they survived a big earthquake and their building has been tested is sadly mistaken. >> we are planning for the bigger earthquake closer to san francisco and a fault totally

independent. >> much stronger than the loma prieta earthquake. >> so people who were here in '89 they should say 3 times as strong and twice as long and that will give them more of an occasion of the earthquake we would have. 10 percent isn't really the threshold of damage. when you triple it you cross that line. it's much more damage in earthquake. >> i want to thank you, harvey, thanks pat for thursday, june . like to remind members of the

audience a please be advised are not on today's agenda. commission, if you care to, do state your name for the record. i'd like to take roll commissioner president wu. commissioner fong. commissioner antonini. commissioner borden. commissioner hillis. commissioner moore. commissioner sugaya. that commissioners before i jump into the items for continuance i want to advise the members of the public we've received a request if supervisor wiener's office to take his item out of order the committee moved item 16 the affordable housing density inclusion planning code amendment to the regular calendar to accommodate his schedule. commissioners, first on your calendar is your consideration

for items for continuance item one at 1998 polk street request for conditional use authorization and items 2 ab for the case at the 66 third street requester request for a conditional use authorization are proposed for june 27, 2014, the next item application information on anti description housing policy is proposed for continuance for july 10th and item 4 at the 1010 bush street request for kwifgs is proposed for continuance there are no speaker cards. my public comment on the continuance calendar?

okay. seeing none, public comment is closed. commissioner antonini >> move to continue items 1, 2, 3 to the date proposed. well 4 is indefinitely >> second. >> on that motion commissioners to continue items commissioner antonini. commissioner borden. commissioner hillis. commissioner moore. commissioner sugaya. commissioner fong and commissioner president wu. so moved, commissioners, that motion passes unanimously 7 to zero and and places you under your consent calendar your consent calendar commission. there will be no separate discussion of these items a member of the commission, the public, or staff so requests 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 5 case at the 2189 custom

berry land request for condominium conversion and item 6 requests for condominium conversion at south van ness item request for condominium conversion on market street rerequest for condominium conversion item 9 at the plaza zoning map amendment there are no speaker cards commissioners >> that i public comment on the consent calendar? okay seeing none, public comment is closed commissioner antonini >> move to approval items on consent. >> second. >> on that motion to approve