the insurance company. >> everything. >> this makes sense. >> commissioner moore many say great legislation obviously the typography it's easy to see as soon as you're moving into other parts of the city other practical questions come up by example not specifically the size was low squealing heights is not workable partially because the barkers were good in designing it requiring the center extra ceiling space in order to make the smallness which the unit work and airport you to think about that. >> other units with prior locations of the building and the windows and light on the other hand, having lived a while

back in a rental unit the minimal amenities that comes with the buildings are sometimes a small storage locker and with the new bicycle rules a ruling to park your bike in our unit i hope people can carve out space are not infringing on those small amenity some of the rental buildings offer to their tenants the last point is a condominium adding a unit i think that requires a new form of subdivision where the condo owner owns everything inside the unit but they own everything else in common so one consensus on the subdivision but easier

done than said and other rights and rules come into play it's not as easy. >> i agree whether you have a condo there are rules. >> particularly in the rules of subdivision because other things come into play otherwise i'm supportive. >> councilmember sharp. >> yeah. supervisor its wonderful legislation i like the idea opener is allowed and affordable by design because it is a small unit for someone that is looking to buy a plays might allow them and as far as square footage we don't need a cap because it's self-limiting it can only be so big and can't expand the envelope you're not going to do end up with issues down there i'm going to move to

approve with staff recommendation. >> commissioners there is a motion and a second to adopt the recommendation with staff recommendations commissioner antonini commissioner hillis is commissioner johnson commissioner moore commissioner richards commissioner wu and commissioner president fong so moved, commissioners, that motion passes unanimously 7 to zero and places you on item 12 for case no. 1215 amendments to the small business priority progressing pilot program a program policy.

>> it's challenging speaking after supervisor wiener dan with the planning department thank you for agenda dizzying this this is a refresher of a planning commission policy will two years old before we talk about that policy in particular a karaoke primer on what a commission policy is commission policies are so on and so forth in a resolution as adopted by your majority vote and action by the board action by the mayor is not required resolution is not legislation so it can't eliminate a local requirement for example neighborhood notification or a need for conditional use authorization that a perspective realm not a policy realm is can

change how the commission or department administers it's procedures how the areas in the planning code are silent on how these those are worked in the planning commission council expands only requirement within limits the policy we're talking about today commissioners is the subdividing 4 p the small business pilot program this was created and adapt by you in april of 2013 following a series of conversations the whole thing members of the commission and the members of the small business commission the goal is to really find a way to help small businesses move through the land use feasts that's itself origin of sb 4 p a high-level of review i'm sorry this is repetitive it applies

for conditional use applications really it does two main things the applications are guaranteed a hearing date at this commission within 90 days of the filing of the application in the bit faster than our one hundred and 20 day altercate commissioners given the applications we struggle to meet that timeline second thing that the sb 4 p does it guarantees an application placement on the commission consent calendar which provides a level of certainty andes penscy when it comes into city hall excuse me. >> as you may recall commissioners the sb 4 p does all this through an approach that is particularly not able we do it by cutting away the

excessive paperwork that we and the staff have fallen into the practice of conditional use matters by cutting away the paperwork we're able to process the application for quickly and this extending the solution the non sb don't suffer when the sb 4 p was adapted two years ago it was acknowledged by this small business commission our practice of drafting robust lengthy draft motions in case of the exclusive summaries was not useful for the straightforward applications some of you saw the example on the slide i'll put it on the screen i like it on the

left-hand side of the screen is a 17 page for a restaurant expansion and on the right hand is a 10 page commission approval for a 42 thousand seat basketball on the waterfront the point is we simply didn't believe there's an inherit application we believe that practice may not be appropriate commissioners on the screen on the right hand is the approval document we use for the sb document it is a 2 page we a call it the project and motion it is concise and checks the approval document it saves time for us and we pass that on to the applicant that is the current policy

before you today really for 3 reasons the first, the sb 4 p is a pilot program if we don't do anything it goes away the second is that our backlog doesn't have room in the current economic cycle we think that 2 impacts the program and we've learned a lot of things over the last two years because the conversation is formula retail here's our first important lesson we've learned this is the package commissioners from our current scomb application packet it lists the criteria you don't have to read this we'll go on but the point commissioners there are a lot of criteria and in order to enroll in the program you literally have to check a number of boxed 0 it's difficult for the applicant to

check we know the program is working and success we haven't let it flush the eligibility criteria is - so this is hopefully, a bit more legible and the highlight of the criteria are that we're having in the program those apply today. in just a second i'll advance the slide you'll see the red line the proposed changes today and we recommend you investigate amending the program this is details 11 by 17 in your packet i have extra copies for the public if you're interested i'd like to do to give a quick run through of the changes and, of course feel free to

jump if you have comments or questions the first criteria we're proposing to be removed relates to geography and good neighbor policy shouldn't be bound we're recommending the applicable ability be removed and the policy be moved citywide the second bulletin is formula retail uses scott wiener we have a robust dialog and have new legislation online commissioners we're proposing to bring in new formula retail uses into the program between 12 but less than 20 other establishment for instance not many generally

speaking their local furltz we suggest bringing in formula retail changes of eye as well as financial limited financial and personal serves not located on the ground floor story with respect to the last one commissioners that is being done to incentivize to incentivize them not to take up space that frontsz the streets and the third criteria on your screen relates to last year footprint stores we're suggesting we focus this criteria not on the ray side of the space for example in a building but gear it towards the storefront consolidation we don't want to see that we prefer if you're merging two or more stores not be allowed to participate in the

program skipping over the fourth one that remains the same this is the criteria we want to be left punitive towards the stores that provide off-street parking we ask you qualify those applications to provide more parking down to number 8 we're almost at the end of the sheet this relates to restaurant and to broaden the interests from bona fide restaurant that point the liquor license for f the mexican restaurant it currently serves particular grits they'll not be eligible to participate in the

program we're suggesting only bona fide eating places get the liquor licenses i want to skres stress commissioners that bars and places of entertainment would remain ineligible to participate i want to make sure we understand that >> last number 9 we're adding more out of the ordinary uses that aren't really appropriate to include many the program and drive up the facilities and the ground floor offices for public 3 uses we don't think are appropriate so we significant you make sure those are ineligible so, of course, ear widening the scope and that comes with a new name that is the community business priority process and

program or because everything it a acronym it's d b-3 so what are the d b-3 p. meaning over the past years we've seen 10 applications with the sb that's not many those are a number of names of the facilities and under the dp 3-d if in place we may have seen 40 cases take advantage of the program out of the roughly 2 hundred plus in the year i think what's important much of the program remains unchanged the s bp 3 requests they do a meeting with the neighbors that works and i suggest the remaining part

of the program most projects it represents an enhanced represents under this program if you want the priority you need to do the extra work we developed a referral an assistance program with the office of economic workforce development that is something we ask remain in place it's important to acknowledge the commissioners that with any set of criteria there will be expectation despite meeting our criteria may not be appropriate to include that the program we've built in flexibility to deal with those applications to highlight each d b-3 case a a

conditional use that means the same bottom line and the notice for the neighbors and the same standard informative approval with the disability and the same need for action applies as well the same commission rules will apply under which any consent calendar item when requested by any commissioner or members of the public come off the calendar that rule is still in place and very importantly an application to the program does not come prices enrollment in the program and the director of planning each have the ability to disqualify any application at any stage of the program if any of the folks think it is

objectable so commissioners the cb 3 p relates to small businesses pause we've worked with the sb staff and presented it to the small business commission they voted to endorse and ask you approve it they made two recommendations on the genie first a recommendation for the reverse grandfathering this is essentially to urge you to adapt the policy to apply if retroactively prior to the date of our resolution the small business commission has - we have drafted the language in the resolution this is a particular type of code violation a

situation where a restaurant a bona fide eating place goes to the conditional use and the abc and gets the feature for a restaurant having to have mary greets once the conditional use there are instances where the operator regardless of the approvals will go ahead and stop serving food and function as a bar in the problem and we share the small business commission concerns with that type of activity the smauks suggested we deal with that by excluding from the process not every application that seeks to serve liquor along with a bona fide

eating place only those that provide a physical bar so we look at the plans and notice a separate bar space we don't allow that we share the small business commission concerns and think the right way to deal with the monitoring progress an applicant host approval decide to follow the allowing law or break the law is indepth of the timeline majority of operators are good operators and we suggest they be able to seek enrollment commissioners that is our last slide only comments staff has received

about the approval are two e-mails each of those seek a continuance today and reflected some confusion hass as to what the program does and not do i want to recap a couple key points with the understanding the program is a procedural piece it explicit limit any opportunities for public comment rather by virtual of the process it enhances the notification and outreach stage to the application that are able to enroll the dp 3 automately basing place it on the consent calendar and the straightforwardness of the application and it provides additional notification

what the cd b-3 p there's no change to the standards of approval so it is necessary not a change to how you treat this item are regardless of the consent calendar no change to whether or not someone can comment in what way bra or during the hearing and to drive the point home bars can't be able to move forward forward and enroll in the process bars are not to be included in the program thank you for your time that's all i have commissioner and i'm happy to answer any questions you may have. thank you, thank you opening it up for public comment. >> seeing none, public comment is closed commissioner antonini. >> yeah. a few comments on this i think this is very good

legislation and or policy it's not really legislation but there were some concerns some people voiced about the formula retail part of that and i don't believe that just because the supervisors passed a certain parts of formula retail legislation and set the limit for example at 11 or whatever was before you can't - in didn't mean you can't help the subsets up to the amount of stores for example, those restraining order local firms that are small businesses we should try to expedite them from going through the process and a lot of on that fit the description another one the parking situation i like the fact you're not pun telegraph hill not allowing the sidewalks

where parking exists, however small businesses such as a market on the west side of the city would be hard-pressed to open if they can't provide some parking because the demographics is different on that side of town my group of folks and they'd like to support a small store but not carry groceries on the bus they go shopping they're not going to shop there i think i would say it should be more generous with that particular thing and finally on the suggested fear that a boar restaurant may become a bar and operate as such this is hard to dip whether or not the restaurant has a separate bar

area i mean many restaurant have what is considered a bar they serve food and walk ins can eat or reverse those places it is a hard thing to police you're going to have to somehow do it as we do with on the 50 percent rule or some rule make sure it is a legitimate restaurant but it could be problematic those are any feelings i'm supportive of the legislation the policy. >> commissioner wu. >> so we did receive a request if a supervisor mar's office to continue i mean i'll suggest we have a conversation and see if we want to hold-off on a final

vote it's not to open it up to make it a bigger process than it needs to be i hear the point of the policy was to make sure that we kind of expedite the cases that don't caused controversy to that point on the case report item number 4 which is the one around liquor i'll suggest we keep it the way it is instead of trying to make a distinction between whether or not a restaurant has a bar area or not the liquor to the restaurants can be controversial in some neighborhoods i know we've seen a number of cases in which that's true the intent of the program to expedite those that can have more broad support i suggest we not make that change

on the question of formula retail we have been through a lot of discussions on formula retail over the last two years and of this is commission policy i'll suggest we follow along the larger discussion so what i understand is it you know in our formula retail suggestions there's 3 pieces the first piece around this up to formula retail up to 20 establishments this was discussed a lot in the deliberations i understand the larger group of formula retail is okay with when what i understand from supervisor wiener's letter i think the change from one formula retail to another and the second-story of formula retail has not been discussed in that forum i believe the working group is focused on the subsidy issues i

feel we should keep only the first piece the possibility to enroll in the program if you have up to 20 establishments. >> sociocommissioner johnson. >> thank you very much i try to push my bottom really quick yeah. i'd be supportive of trying to move something today because we have searched the backlog and this commission in the past few months said we want to spend more of our time on policy talking about the major issues on the larger projects and the larger zoning so anything we asking can do to get in a place to have those discussions i'm supportive of so i think we should look at ways to limit the discussions on non-controversial issues as much as possible to that end i

definitely i will - i struggled with the no alcohol because i do kind of see where the small business commission was going they liked the idea butt but want to limit not miss a potential opportunity to look at a restaurant or get backlash and thinking we're not looking at something that is happy hour in light of the concerns we don't want to be splitting hairs to make things easier but let's keep things as is no alcohol beer or wine i'm sorry looking at 9 presentation number 4 apologizes and then other than that i support ii want to hear the

others commissioners ideas on peppering in my mind i don't think this changes things the same level of analysis anyone can pull something off the consent calendar when we pull things off the consent calendar it is the same discussion that is to happy i'm supportive of what will help us to have a policy for this time this hearing time to discuss the issues. >> commissioner hillis. >> i don't see a huge problem i want to clarify if you recognize that the staff is - something it controversial this is otherwise part of the policy the director can exempt the policy and the community works so