standardization of features and the united states positions and have's a visual appearance in 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.

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