of raising money for as an activist business hamburger mary's did likewise. hamburger mary's had something that none of the other restaurants had. it wasn't fast food, it wasn't having flat screen tv's blaring at you. it was a warm and welcoming place where you can take mom and dad to the restaurant and where they can see you made a really good decision about being the person you need to be. it's that you may even thrive as a lgbt person. look at these people having lunch together. i think i'm here as a cheerleader for this and i'm tired of the big hole in the neighborhood in the middle of the block. i urge you to not

consider hamburger mary's a formula restaurant because it's independently owned and management and i think that needs to be mentioned at least once. thank you. >president cindy wu: thank you. next speaker? >> good afternoon commissioners. my name is allen nelson. i live in the neighborhood. the discussion on this project with extensive outreach, in fact we did an unprecedented thing. we for the first time ever put a vote to all the membership. normally it's 10 percent of the membership, if they show up to the meeting we base that attendance on the 10 percent. we ended up doing an online audited vote and i'm happy to say that we had

60 percent turnout about triple what our last election had and out of that election, 3-1 was in favor of this project. so that was 109 people in favor of it, 42 opposed to it and for that reason, we strongly support this project. one of the thing we did talk about was ensuring that the community had some safe guards above and beyond just the standard condition of use. so two members of our former planning committee chair and our current planning committee chair worked on -- on a set of committed use to have to the overall commissioned use. they drafted them and we negotiated and to be perfectly honest he accepted all of them and wanted one little tweak that

he really wants to open the place and we have the safe guard if it ends up being a bad business owner, we have the different elements that we can actually enforce on the conditions. that's everything i had to say. thank you. >> good afternoon, commissioners, i'm steve clark hall. the previous head of the commission. i'm the one who assembled the online. i think it was pretty impartial. i didn't get any complaints from anybody. i have to say the outcome was very polar e -- polarized. you would think anyone

would get anything in the restaurant because it was closed. there are two reasons why it was opposed. a lot of people were upset with the project sponsor. just open some restaurant. the other one was because it's formula use. there is a big opposition to formula use under any circumstances inside the castro ncd. i started engaging these people. what if there were 9 formula stores, that would have been okay. i said what if the formula threshold were 20, we can't raise that number. that what i engaged the people is what is that business we are trying to keep out of our neighborhood and no one could tell me what that business is. so, there is, i'm off topic here and complaining that i think the threshold for

formula use is too low and i know there is discussions to raise it, but i can't figure out what business are people telling me who come to our neighborhood that have 15 or 18 outlets nationwide. >president cindy wu: thank you. is there any additional public comment? seeing none, public comment is closed. commissioner moore? >> >>commissioner kathrin moore: i'm very much for the project and there is no motion attached to my package. that might have been an oversight and if that is the case, i move to approve or move with the intent to approve because >president cindy wu: the agenda says

approve with conditions. >>commissioner kathrin moore: so here is the motion. it's being handed to me. times have changed. i will support it. >> second. >president cindy wu: commissioner >commissioner michael j. antonini: >> we have bases for recommendation and the decision. i only have the hard copy, not the electronic one. anyway we have it now so that's all that matters. a few comments on this, one of the items on the paperwork quoted ken garcia from the examiner who said well it's too big for a time capsule. if you want a

snapshot of san francisco in the late 1970s it would be hamburger mary's. i think that speaks to the uniqueness of the place and there was a speaker who was afraid of that other outlets are different from what it was presumably, if you the wasn't like it was before, then i doubt it will get supported. that's the proof of the pooding that what goes out there will have to draw traffic and if it does that then it will do fine. i think all the other reasons for support have been brought up. the fact that food and drink percentages around 17 percent and the whole nct and cd areas of upper market and castro while retail is 25 percent, there are some vacancies around there and a lot support as mention side

---ed so i am very supportive. i also have something to say, a successful and legendary institution like this after it closed in 2001, hasn't been in san francisco for 13 years. i wondering if there was anything in the policies we have to cause it to not be here before. out of curiosity, i would like to find out but i'm glad it's coming back and it sounds like this is going to be a good project. >president cindy wu: commissioner richards? >> >commissioner dennis richards: i would like to thank chang for all the work. they worked together and i went with ms. chang. the table is really helpful especially when we have this kind of a cu and ncd to

understand the level. just a few things. i have received communication from folks asking whether or not if mr. natalie decides to go to palm springs tomorrow and mcdonald's wants to come in, to kind of rest assured for the public, can another formula retail come in and can it be mcdonald's? >> the city attorney's office, there would be an in indemnification of use. it could be considered new formula retail. but it would really depend on who was applying and what the differences were from the old formula, not who was applying but what components of the application might be different. >> this is a 12-unit chain and something bigger than 12.

>> i don't have all of those provision of the new formula provision to memory but there is those that see that as use. >> okay. former comments, even though i feel very old, the vibrant businesses and we have had this vacancy since 2000. i'm excited to see something finally going in there. i have mixed emotions around a vacancy being there for 15 years. we have something that is finally lgbt themed, we have a lot of gay establishments shrinking over the years, finally lately we have a few that are reopening. we have cab aret

we opened recently. i guess one other quick question, the old patio space which i actually remember which i'm an old guy too was on the back of the second story on castro street is on the back area. also to mr. nelson, the operating agreement is pretty tight. thank you for agreeing to that. i would like to amend the motion to include the operating agreement as part of the conditions. could we do that? >president cindy wu: i they -- i think we need the city attorney to look at the operating agreement. >> you can move on and come

back. >president cindy wu: commissioner johnson. >commissioner christine johnson: first of all i'm not that old. the second thing adding to the question that commissioner richards had, let's get this clarified for the next meeting or if people don't know. i thought the new formula retail legislation which there are some pieces that may come back to us that if there was not just an intensification but if there was a change of general of general change of use that the cu would have to come back to us. if hamburger mary's closed and mcdonald's wanted to come in there?

>> >president cindy wu: we can ask the project attorney. >> under the circumstances true, in an if you retail formula comes in there are circumstances when you can avoid the planning commission but when you go to a new retail use that has more locations than the existing formula retail use then it's considered for indemnification and it needs to come back. that's the threshold. >> how about change of use, instead of hamburger mary's and it would want to be the gap? that would be a change of use. have i stalled enough? thank you.

>> president luke and the city attorney's office. normally including terms of a private agreement with conditions of approval because once they become part of the city's conditional of approval we need to make sure the city has the lawful authority to impose them and enforce them. i'm really just looking through these conditions very quickly right now. some of them would be appropriate conditions for the planning commission to apply, some of them would be difficult to enforce. i think as i understand from the project attorney, this is a separate agreement between the neighborhood association and the project sponsor. if the commission, i can spend more time looking at these individually, the conditions that might be appropriate to include in the

commission's motion, but it would take me a few minutes to go through this and figure out which conditions are appropriate for the planning commission to impose as the government entity. it's up to you. we can take a recess or come back. >> given the location of the project site abutting hartford street, i think we need to take the time what is acceptable if you may do that for us. i know mr. nelson has been involved with this being with other establishments. i want to get this one right because this can create a bad situation for other people behind if it doesn't work. >president cindy wu: would we be able to take the next item and leave this item open? city clerk: yes, i think we can leave this open to allow the city

attorney to review and take up the next matter and hopefully by then we can come back to item 12. >president cindy wu: okay. thank you. commissioner johnson? >commissioner christine johnson: assuming the city attorney finds items that are enforceable as a government entity, this is a general question for the project attorney, what are the remedies that the neighborhood association has? there aren't any? >> what i would tell you that most of the agreement is further reemphasizing what is in the san francisco's noise ordinance already. if there is leakage that you put extra insulation or sound buffering is really inside of the noise ordinance. it's an

agreement within the neighborhood. it's not an entitlement that runs with the land with mr. natalie, if we don't make it a conditional approval, it's not going to apply to the next just like the motion. >> excellent. good to know, no matter what the decision is here, if there is another project it's not exactly how i remember it, then something happens. that's an example of what is not enforceable. thank you. city clerk: commissioners, we are moving on and taking 13 out of order and public comment period for item 12 is closed. we are taking

item 13. 2014-0985 also in the castro dwrikt -- district, a conditional use authorization. >> the item before you is a conditional use authorization on 400 castro street from a vacant retail space previously occupied by a formula retail establishment selling clothing doing business as "old cycle" this will provide indoor classes. it's approximately 982 square feet for 3042 square feet. it's employing 18 employees and 7:00 a.m. to 7:00 p.m. saturday and sundays. to date the

project has received support for the project including castro merchants, and no letters of opposition. although the project is not considered formally retail, the establishment anticipated to become effective january 2015 expands to personal use services. once this legislation becomes effective this establishment would be considered formula retail. currently there are 158, the project does not contribute as mentioned but it will. so with the addition of hamburger mary's if it's approved, along with the next item to be heard, the formula retail grows to 13, announcing to 8. in order for the project to proceed, the

planning commission must grant to personal service establishment. the department recommends approval with conditions believes the project is necessary for the following reasons: the first store dedicated to health care in the castro district contributing to the viable district and the project meets all applicable requirements of the planning code and the project is compatible with the surrounding neighborhood. this concludes staff's presentation and happy to answer any questions. >president cindy wu: thank you, project sponsor? >> good afternoon commissioners. i would like to use the

overhead for illustrations. talking about cycling plan. cycles need to get to shape before you start on the street. these are people that are passionate about cycling and want to get into shape so they can cycle. it's a 45-minute intense work out. it's like aerobics on a bike. these folks are on union street. there is one in san francisco that got approved because it didn't meet a conditional use. you can see the uses above it. it's not disturbing, it doesn't make noise. the one 1 on union street. it's a retail space because it does sell bicycle equipment and outfits

and accessories. it has the exercise component and retail component and this is typically what the front desk looks like. it's not a membership activity. you can walk in if you want to do it today you walk in and you can do it. you make appointments online, about 40-50 participate, maximum capacity. 6 :00 a.m. you can get up and 10:00 p.m. at night you can do it. it's 1 hour window for it. specifically with respect to the site on castro street. this is an important picture for you all. this is the bank of america building in castro and market. you have four windows here and two on the castro street frontage and people

don't even reach to the bottom of the window. it has a heavy difficult classical space and difficult to use. actually someone sitting in the bank of the bank couldn't make it there. they moved to 18th and castro with a new building. look at the building today. what you see is there are le -- three bays on castro street. this is straight. this was added and i have been going past id for 40 years. i never noticed this change and then better than that because i looked at the plan and it didn't make any stones -- sense to me. again, i'm embarrassed. look at this. it's a fake front. who knew that.

some urban designer said we need more presence on castro street. let's add another bay. here you are. that's the situation. it's very unique and it's a difficult building to participate in. then the market street frontage, harvey milk plaza and the entrance basically took the whole frontage off market street. even though you have a corner building, here it is again. the whole market street frontage is kind of blocked by the plaza and metro. here is the main entrance and you have the three bays on castro street with two active. it's a difficult building and san francisco is very lucky to have a use like soul cycle wanting to use it and they feel confident in being

successful to staying here. they have a 5-year lease with option to renew. they are on union street and today they are opening one in downtown on fourth street. this is the other facility in san francisco. with that commissioners, that concludes my presentation unless you have other questions. thank you very much. >president cindy wu: okay. we'll take public comment. mr. beach nelson. >> i will be very brief. beach nelson. we are very supportive of this project and for a number of reasons. our planning and land use committee met repeatedly and

we evaluated the project and made a recommendation to the board because of it's size. and the board had to take a vote and then we presented it to the boards position to our membership and the board agreed that the planning and land use committee because they are going to maintain the historical exterior and they committed to mitigating the noise via apparently some sound structure and it's going to be in the day and evening because it's open at night. if it had been a -- bar, most likely in the evening. it's an expensive space. we thought that was an important issue of it. we don't currently have this use in the neighborhood so it is a needed and desirable use. they are also going to preserve the painting of judy

horn's house. i think they had to when they took out the window they were required to put that in. the board unanimously supported it and a quorum of our membership on november 13th or 12 supported our position on that. thank you. >president cindy wu: thank you. is there any additional public comment? seeing none, public comment is closed. commissioner richards? >> >commissioner dennis richards: it's a welcome presence. it's from 6:00 a.m. to 10:00 p.m.. it's going to be great to have people going in and out of that building. i support it. >> second. city clerk: if there is nothing further commissioners there

is a first and second. commissioner >commissioner michael j. antonini: >commissioner rich hillis: >commissioner christine johnson: >>commissioner kathrin moore: >commission vice-president rodney fong:, >president cindy wu:. that motion passes unanimously 7-0. >president cindy wu: i don't believe they are back yet. city clerk: we can take item 14. also conditional use authorization. 2014.1190. >> good afternoon again, the item before you is 549 castro street. the proposal is 1310 square feet tenant space occupied by coffee. the project sponsor intends to close the establishment depending upon the proposed establishment. the project includes minor tenant

improvements and intends to employ 20 employees. the proposed hours of operation from 6:00 a.m. to 8:30 p.m. monday through friday. today the project has support from three separate groups from castro merchant and the castro upper market as well as two individuals and individual residents. one letter in opposition as to the limited space of restaurants and formula retail. i have copies of this letter but they are included in your packet. i do have the letter of opposition, print copies of this. the recently approved letter of formula retail

project does not affect this project based on the second quarter of 2014, approximately 26 percent of ground floor retail uses in the castro street neighborhood includes food and befrnl -- beverages. currently there are 1150 business amounting to 78 percent and it would not contribute to the formula retail as the recent one is proposed to close down. in order to grant permit, it must grant 17.43 to establish formula retail limited restaurant doing business as coffee with the the co