commission in particular i don't mean e mean to put more workload but to reach a balance so we don't end up in a situation we have formula retail controls that don't get us where we want at the end of the day thank you. >> thank you, mr. cleveland. >> thank you, supervisors ken cleveland i've followed this process in depth working with the chamber of commerce and i appreciate the fact i've pulled together two very difference piece of legislation into one, however, i them there are concerns majorly i'd like to bring up number one as you mentioned earlier as supervisor cohen mentioned earlier every neighborhood is unique that 20 percent rule for upper market

should be extended the planning department needs to have the flexibility and supervisors and the community needs to have the flexibility to determine what is need in their own neighborhoods i also think that you know we need to look at flexibility the problem is you know those kinds of recreations we've had with the planning department came up with a great study you see how well, this current set of recreations is working why do we need to make them more restrictive going worldwide is a problem our big concern representing downtown property owners is the creek we see making those interim controls on mid-market is a stimuli i didn't to the development of that area do we want it extended for another 12 months we have a a

great fear downtown as more and more residents and more and more residential development in the downtown area we're going to see more and more restrictions on formula retail i'm concerned about that thank you. >> thank you, mr. cowen. >> good afternoon, supervisors peter cowen speaking as a citizen of upper market castro i was involved in the 10 year anniversary mark you think it's appropriate some peaks and strelgz because of the formula retails it's incredibly successful with the critiques it is working it's done exactly when it is opportunity to do i also wanted to point out some data we've found back there i

think it is a unique concern in san francisco that's you roughly about 90 percent of our retailers have 5 stores or less 5 stores are less and 80 percent of our rail yards are single store locations which means the real really fine fabric of san francisco is the retail experience in our neighborhoods that's what the folks want to remain so going forward it is not about planning san francisco as though we were an international market we're in a san francisco unique aquarius or character of retailing i'll be careful to think that someone is determiningizing formula retail it's about being careful of a balanced mr. mayor field with the localized businesses so the scrutiny is quite successful

that said the mid sized chains is a good idea i'll suggest seeing how that work outs and if we get an employment analysis study i think it's important we'll find out what kind of employment so again good job to supervisor mar and the supervisors and the oewd you've got a good compromise. >> thank you, sir. >> supervisors i'm richard i'm a resident of chinatown i support chain store going into chinatown i really know the workers in chinatown on stomping stockton and grand avenue and jackson street they're not getting the minimum pay they pop only getting half of what they supposed to be

earned what the law says and the employer does not honor over time and do give sick pay and vacationed this is why i urge you to let the chain store and big store comes in so that the workers will get the pay and the city do have a enforcement agency they call it the labor standards but they understaffed and overworked now most of workers i do interact with them i drink coffee and i sleep in the park with them and they don't feel reluctant they want to be the screeners and do want to put

themselves out to give evidence against the workers so i urge you to make all those corrections and considerations thank you (clapping.) thank you very much. is there any additional public comment on those items 3 and 4? seeing none, public comment is closed supervisor mar >> yeah. thank you everyone for the testimony and the real thoughtful comments i wanted to say that i think this is a balanced approach as as opposed to people that are supportive of this and put dices and meeting and years into the process this is one of the pyritic protections that took many people giving and taking as possible to come up with within puzzle there is one piece we'll

be following this leveling the playing field for the balance in the neighborhood that people talked about is critical i think that some like chain stores and formula retail stores in neighborhoods that are food deserts for example a critical need for more types of stores especially food retail and we take into account for the other neighborhoods like north beach there's a strong sentiment of the unique character the small business owners and others who have testified today, i think it is clear that they're not saying we don't want chain stores but a balance and the neighborhood voice in the process i think the suggestions from the plaintiff and the planning commission i think they've made this a stronger pyritic legislation it strikes a balance for the need

for economic drivers but also preserving what makes san francisco so unique character of the small businesses are at the core and the data that peter cowen raised at the last minute how large in many ways the smaller sector chain stores and the critical nature they play in the community is critical and i want to knowledge from my offices work we came from a different position than renew from the the mayor's office and the department of workforce development and the chamber moving towards this this is striking that kind of balance not the last words on the chain formula retail but a good place where the balance of preserving neighborhood character and a look at how chain stores and

smaller businesses can both co-exist in the city and also is that the amendments i've mentioned earlier i want to add two the first one in the all the time packets and again as supervisor wiener said those will be made available it's up to the last minute we've been working on those we'll do our best to have those cleaned up on page 8 lines three to four an important amendment i'll read into the record we're striking the one phrase it strikes the words analysis of whether or not the proposed result in the there or driver's license decreased area so pay attention to that

and another amendment deleting sections 303.1 d in the last draft that was sent so it's deleting the economic impact feud and rises 30.1 e-7 in the language and it renumbers the subsection of the 303391 e will become d and it continues and ms. wong those are the main clean up language anything else from our city attorney victor wong. >> victor wong city attorney. >> so those are the amendments and i know that commissioner lee has a couple. >> before we get there my understanding is supervisor mar it's our intent to make the

amendments into items number 3 which was the planning department recommendation or the planning department version all make those as described and roman numeral the planning department with user as sponsor and table item 4. >> that's correct. >> so why don't we do that now supervisor mar has described a series of amendments reduced to writing as well why don't we have a motion to make those amendments item number 3? okay we'll take that without objection. we'll adapt those amendments item 3 and madam clerk if you could add supervisor mar as the author of item 3 and can i have a motion

to table item number 4 >> okay we'll take that without objection. item 4 is tabled now we're working with the amended version of item number 3 so i just want to say a few things and make the amendments i'll briefly describe at the beginning so this amended version obviously no one got exactly what they wanted with the compromise and a number of things not everything is exactly the way i would have done it but we've made a lot of process in particular i was pleased to see the environmental review environmental review study i was concerned the original proposal in supervisor mar the environmental review environmental review study was manipulative broad and the formula retail establishments

could get caught up in an environmental impact study for example the coffee shop literally around the corner to castro space they want a less tiny space they'll have to go through the process they have just over the minimum to quality a formula retail the last thing to require them on top of to do a environment impact so refrs that for bigger businesses makes more sense i do want to slightly disagree with a gentleman that is no longer here the opposition to formula retail comes from small businesses i think it is much broader than that we'll not do

the starbuck and charge policy debate there are people that be passionate on both sides of the debate it was split in many ways and people that feel strongly and against they're just people that live in the neighborhood and care about it whoa whatever conclusion but times we hear arguments between a chain into the location or it's going to be vacant while this may sometimes be the case for larger spaces for example, the cbs space where records it's been exfoliating hard to find a smaller business into a space but you know, i know that every commercial property is unique and every property owner is unique i, think of a number of

circumstances where the property owner did not want a local retailer and preferred to have a national retailer they've pursued that but adversities not as simple and there was reference made to the encroachment but supervisor kim introduced those interim controls there an office one situation a owner was going to evict a tenant for a mcdonald's it can lead to a reaction this is a very, very complex issue and i think it is really important and i think many, many property owners do a really good job we care about the

neighborhood and the area but you see situations where you know you have an owner that and want a local retailer they said that period and end of store and the story i wanted a formula retail it's challenging for me, i take a case by case approach to formula retail and it is - it makes it in lead to a good political dynamic when you have a situation potentially being out of there and have a mcdonald's people don't take kindly it is important for everyone to work together we only want what is right for the neighborhood finally, i want to say in case i wasn't clear enough but the cu process is broken it is not

about the participation but it takes so incredibly long and there recent situations where people in the neighborhood who are not pro formula retail why is that vacancy lasting longer we know there's a store that everyone wants to go into it why is it 9 months later and still a blighted space so with that said, i'll make a few amendments into item 3 with supervisor mar the first will be a verbal amendment i'll read it finally service in the zoning tables for the castro neighborhood commercial districts section 715 the upper market transit district and the detroit street noah valley should are permitted

from conditional and again those are keeping what's been in place for a long time and removed from the planning process the second amendment is the grandfathering for pending application that i mentioned at the beginning and that will be as follows quote any locations is it submitted a permanent application to the city as a of 2014 is granted for formula retail controls those are the two amendments so colleagues supervisor mar. >> i'll second those amendments. >> so we'll take that without objection. we'll make those two amendments to item 3 and then finally, i'd like to duplicate the file for item number 3 and make two amendments to the duplicated version that we can

refer to the planning commission for further proceedings and that will be so the file will be duplicateed and one will be incorporating the interim controls that repreviously pays for the castro street m t c and read the conditional use authorization by the planning commission is required from the planning code section thirty 3 in circumstances there is a determination by itself department staff or city board commission that a proposed policy that the project sponsor removes the features from the planning code and we implemented those interim controls when a particular project on castro street gained the system to take

itself out of formula retail defines so that will be one and the second would be i'll read this financial services limited financial services personal services above the ground floor of a building anatomy considered formula retail and again in the also i think the beginning of the discussion i've raised this about the second floor issue those are the two amendments i'll propose for the duplicateed version. >> i'll second it. >> we'll take that without objection. we'll make those amendments if i could have a motion to send the duplicateded versus to the planning commission is that the appropriate. >> john gibner, deputy city attorney i think the appropriated motion is to continue to the to the call of the chair and we'll afford it to the full board.

>> so the duplicateded version of item 3 to the call of the chair. >> 70. >> we'll take that without objection. align to the original version of item 3 as amended by supervisor mar and me it a motion. >> some of the task force on the subsidies we'll work with the planning folks to make sure that the stakeholders are included and i think also the process to look at the small business priority progressing pilot program as a potential method of streamlining for the smaller chains and smaller soup companies and those kinds of smaller chains will be looked at this is another process and lastly i know a number of people brought up the jobs and quality

and the conditions in jobs and retail i think this is really was on effort with the small businesses and neighborhood leaders and jobs for justice to look at more comprehensive issues of the working conditions and the whole economy of small and bigger businesses in the city i think another key follow-up is the bill of rights that supervisor chiu and you are working on that's another follow-up step but that case supervisor wiener and supervisor cohen and their staff and the coalition of people that have come together to make this 1 to 2 we were far apart.

>> so supervisor mar forward item 3 to the full board workers' compensation. >> as amended we'll take that without objection. >> thank you so m will you please call item number 5. >> item 5 is the code for the rental security deposit. >> we'll wait for the room to clear okay robert collins from the rent board. >> good afternoon, supervisors

and hopefully, this item will be much, much shorter payroll chapter four 9 of the california mosaic code requires the residential landowner to pay security deposits and section 49 subsection f of the admin code provides a misdemeanor doing by which the rent board calculates the number of money to be paid for the renter on concert deposits it requires that for years 2004 and later that electricities on the residential execute deposits be based on a six months concert of rates six months of city rates, however, this past december the federal

refer accessed to public bad rates they had an insufficient institutions that were providing the products and therefore the amendment substitutes in a very sooner rate which is the 90 days aa financial commercial piper this was the rate that was matched the six months cd rate and therefore this section is being updated to the 90 days ada commercial paper for 2015 and future years so this should be short glad to provide further information or if you have any questions. >> thank you very much clearing questions or comments opening it up for public comment item 5 any

public comment on item 5 seeing none, public comment is closed colleagues could i have a motion to forward item 5 to the full board with a positive recommendation we'll take that without objection. >> item amending the planning code for the accessory residential and commercial district. >> this item was before us what was it last week, we made an agreement as a whole and continued the item one week and president chiu is the author and his legislation aid is here push good afternoon i don't want to go into a lot of daily but especially for supervisor mar's benefit i want to say this ordinance is part of a larger effort over the years to pass a

number of ordinances to bring it in line with the goals for affordable housing and making our streets and situations more walkable and safer for bicyclists and it don't say things to bring our planning code into a simpler code airplane aaron starr is here it facilitates the historic building and non-conforming units to the existing housing given the affordability crisis and updates the district and it rational lists the kansas city council business session use and makes the parking spaces for the van ness corridor where we expect to see the contradiction soon and improves the organizations and roaches o removes outdated section if you

have any questions, i'll be happy to answer them and aaron starr is here i look forward to moving on thank you colleague questions or comments that believe i'm not sorry mr. star is there a presentation. >> i'm not sure we've conveyed we can do this aaron starr with the planning staff ellis the item is part of a larger ordinance that was heard by the commission on several meetings total 7 it ultimately divided the ordinance into 3 phases the one march 2012 and may 3rd the affect and with each phase the commission recommended approval with mischievous the planning commission is happy those are moving forward and we thank

supervisor mar for working with us incorporating the promote recommendation. >> thank you mr. star opening it up for public comment public comment is closed. on item 6 seeing none, public comment is closed colleagues quo could i have a motion to forward item 6 full board recommendation we'll take that without objection. madam clerk, any other business before this committee? >> there's no further business. >> then we are adjourned thank you

>> commissioners, can i just have you take a note -- >> here. >> testing, test your mic to make sure it has the appropriate one. [testing] >> thank you. the small business commission meeting is called to order and the time is 2:05. the meeting is being televised live by sfgov tv. we also have joshua alexander taking some photos for us as well. and i also like to thank city hall building management media services for making this meeting possible.