3 p process they have to have the community process and meetings to demonstrate they've got neighborhood support be able to engage in that expedited process there's 0 a be maybe an ab recommendation. >> is sound like as though our consensus that the cu process is not applicable to this health professional we'll like to see the cu process as removed as plan a and plan b is one perhaps there's an expected cu process that can be applied but that's a

distant second to a. >> we should also recommend the change to 5 hundred hours that is employed by a number of people that will we'd out some bad actors. >> i think number 4. >> and recommend that based on the recommendations of the health care professionals themselves abused i did not hear that maybe that had been vetted with the entire group if this year's the consensus of the community we support that recommendation but i don't know that the community itself has had a chance to review the 250 versus 5 hundred i don't want to presume we know where the 5 hundred or 2 hundred and 50 hours is the right thing you'll support it if it helps to

elevate the progression to satisfy the notion it explicit require conditional use and i'll require the strategy here to try to support every element of the legislation that we know that seems reasonable that seems to elevate the progression and distances it from the criminals and bad actors without subjecting it to conditions with are onerous and making it difficult to open liquidated establishment so if we can make a recommendation to encompass that. >> i'm with commissioner chan's office i want a point of clarification would you like the conditional use eliminates for all establishments it is currently massage establishments that go through the city process are required to get cruz and

right now it's one hundred percent. >> understood a good question. >> thank you. >> so commissioners maybe what we now that you've had discussion around i think it maybe good to take each piece of legislation and go through in terms of it would be helpful for me to take the legislation and talk about the elements you support and with the health code regulations if there's - do you have an ability to make the recommendations modifications or you just want to make recommend modifications. >> so i have a question is the calendar such we need to make a recommendation we've done a deep dive in the last 72 hours sins

i've received nominees thank you for helping marshall the groups if we can consider this matter again once the community itself has had an opportunity to organize itself with the specific recommendations or this is a sense of urgency to take a stand today in which case we'll do with what we know. >> we're very open with speaking that the mass acknowledge community meeting with them as supervisor tang stated it went out we've not scheduled a land use commission. >> thank you very much far too often we're approached when the train has left the station so it seems like we're still id'ing in the station. >> so commissioners, i think what would be helpful for the supervisors so deanna do you mind coming up again you're next

commission meeting will be i believe. >> police station on the 267 arrest planning commission on the 26 i'll need clarity i'll make presentation in terms of of what your recommendations are and pass that on the planning commission but then in terms of the small business commission you're next meeting is. >> 13. >> yes. april 13th. >> so the planning commission portion that is only item 5 correct. >> correct. >> so will that work with commissioner chan's timing if she comes back before the small business commission having a little bit more time and getting more feedback from the community. >> he believes yes. >> in terms of comments from the commission and feedback that

you have heard do we need to provide with i think we've heard that the commission is recommending a straight bar of 5 hundred hours unless there's a reason within the massage community not to do that; is that correct. >> yeah. we support you know what we have hurdle the community thinks is right for them again, i don't want anything that is happened here to be at obstructionist because i've heard unanimous support for the intent here and so i think as i said we just want to make sure when we are pga laws we number one didn't get unintended consequences the last thing i want to do is enact a law that drives everyone

underground you couldn't enforce that before the here the please be advised the ringing of and use of cell phones and other electronic devices are prohibited. didn't endorse this and the california government made p a stab at it and a little bit we're probably rolling back the clock the most important thing we have an open dialog with our office and hear the concerns and consider those concerns and maybe modify the current proposal to be a little bit lessen reduce on the legitimate businesses and all the in the meantime maintaining the full intent of this to address human trafficking and prostitution. >> and that will be item 4 which can i think you're talking about and then but what happens is thursday on the 16 next week.

>> no, this coming thursday. >> is item 5 which is the separate item with the cu i think that is what everyone to me seems upset about. >> i'm reluctant to say this is blondish i'm inclined that the cu process is onerous and shouldn't apply to massage thooefts i have a superstition it applies to like professionals if that could distinguished in the law that would be a beautiful thing then you would distinguish that class the class of professionals monk other

professionals that are in the subject to the cu process that's rational i don't want to see it because we've said so but consistent with on the professionals that are in like progresses that are a number of employmenty progressions if, in fact, that health process go meets the same kind of test, if you will, whatever that test is i'd like to do it as an informed decision bans that rather than reacting who what restaurants have to go through it's a different class i don't want to conveyer the massage community to restaurant or auto body shops but other professionals and see if there it isn't a common ground to make people feel like

their dealt with many a rational way and not singled out because we've been lumped would this when facilitating they should be lumped into the health care community so unless someone feels compelled to make a motion i'll suggest we've had a good hearing today. >> we do need a motion to continue it since it is scheduled as an action item to continue to the april 13th month to month. >> i'll. >> would be other point of clarification because things will be asked for feedback so i think i've heard clearly in terms of what is happening i want to bury we have clarity let's say the conditional use is off the table but there is still

maybe processes through still getting establishment permits that whether their conditional use or not they're going to be certain establishments because of the zoning would today not been able to get a. >> - >> well, yeah the city already provides for conditional use in areas where there is historic implementations or i know some kind of structural or infrastructure issue that you know or density issue things can be done on a exception basis the most desirable thing if i can speak for the commissioners a legitimate massage therapist clarification of health care professionals will be lumped in with liquor group of health care professionals not stubtd i subjected to cu today that's the

best case outcome because they've be acknowledged as other health care professionals that don't require a conditional use because their beneficial to the neighborhood for all the reasons and so if we want to recommend from today that we recommend this best case outcome that this group of professionals be classified that way i'm fine as a recommendation to supervisor tang's office and that all other permitting and foes be reasonable and rational relative to the other professionals so once they get acknowledged from a conditional use standpoint we can come back to the permits and fees and is are those in line if

this is the type of progressions what does a psychiatric therapist pay and others if they seem rational all will feel like they're in the same playing field just because i get a professional accreditation didn't mean i can come into city and county of san francisco and say i've paid my fees no one gets away from that it is part of running the city the question am i being singled out in a way that is irrational or grouped with other people i don't think i should be grouped with and charged unduly so i think if we get to a level everybody is copy seismic i think we can all agree at least it was fair.

>> and so just any comment for the record whatever the process good for accident for the record that the commission makes some discussion for the existing one to make it as an amnesty or grandfathering if there's complications i don't remember who it was jennifer light stone at one time had an massage establishment permit. >> it's important but secondly, if we've level the playing field we have issues with some people that fall out of compliance or whatever the combliensz ask yes if we need to make a special recommendations there's already a move afoot to make sure we don't punish someone from doing

something because it seemed like that was what the city was telling them to do i'm all for getting it right and not punishing people that thought they were right legitimately thought they were right. >> i think we should mention the grandfathering in terms of locations i don't like the idea that well established massage locations would suddenly be not loud. >> of course if you took the conditional use off the table. >> that's not just conditional use. >> so it's not conditional use so if we keep- let's see this stays as is and conditional use is off the table but now creating a massage establishment permit so, i mean, it kind of

goes back to we haven't fully defined this medical is this a medical practice or a massage establishment but just to be mindful of the complications we have legitimate establishments that either went into where they are now under the medical services and should be establishment component get passed then they'll be reclassified as a massage establishment and that massage establishment are not permitted all not a conditional use for that area other areas there are massage establishments yeah. i'm repeating myself they're not permitted so i think that i wanted to be mindful there's going to be there's a lot of

moving parts and if the planning commission recommends on the 26 to recommend the conditional use process then that has a certain amount of weigh so i want to be mindful we're communicating the nuances ahead so those folks that came in through the can you tell me take certification the establishments that opened since that certification came through we - >> could be grandfathered. >> i support amnesty and grandfathered. >> do you have anything to add? i mean it is mind-boggling a little bit >> sorry this seems tedious. >> okay. so. >> i would make a motion to move item number 4 to the

meeting on the 13th so that gives supervisor tang time to talk with the community of those two items the other motion on item 5 since that is going to be horde at planning. >> how about we take one motion at a time so item 4 is a motion by tatdz to move item 4 to april 13th is there a second. >> second. >> any further discussion. >> and for final action. >> we have second and possible final action so tatdz commissioner dooley commissioner president dwight commissioner ortiz-cartagena commissioner l. riley

commissioner tour-sarkissian and commissioner white all right. so now moving on to planning code. >> on this one i'd like to make a representation i'm going to need help here folks i think the amnesty part is very, very important because i did not want people punished who did follow the spirit of the law with the london's through the stated and having to get a new conditional use thank you for your comments earlier reneed to get a cu if you're a massage therapist but if you are already in and grargd you shouldn't have to go authorities cu process that's crazy so. >> did you want to make a motion. >> okay. >> i would make a motion on item 5 to the planning

department that you had put in the grandfather anyone that is establishment was opened based on their licensing if the state of california be exempt from this legislation. >> could we add we recommend - >> i just want to make sure i think diego is the right term is maybe legal non-conforming use would that be the right term or. >> you wanted those can you tell me text certified exempt if the cu requirement. >> right but if their exempt from the cu there are some in the areas if in the event they're not capped as a medical service distinction and their moved to a massage establishment distinction there's somewhere the massage establishment are

not permitted at all. >> right some sort of a technical fix to legalize those cam text or medical service or some other use in the instance where it is not allowed to be located the massage establishment. >> at a certain point go ahead. i'm sorry. >> i mean this gets to the distinction of a health and wellness or some other something not. >> some category of use which is permit if that undermining zoning district. >> whether cam text they're under health and wellness correct. >> some have secured land use, however, there are cam text certification that does have

land use approval and everyone is to have a land use approval they'll need some technical fix i think given the sentiment of this commission you know they didn't secure permits they were required to secure all establishments need to do that so - >> okay. >> i'd like to make the recommendation that supervisor tang maybe review the raising the hours that are needed to a higher number which would help necessity perhaps not needing a cu that's another way to go that gets at the distinction of whether - >> that's in item 4 seemingly like to item 4. >> item 5 the motion to

recommend the amnesty i can add more of the specific language and then i think you've also expressed the sentiment that the need for a discretionary review has not been convinced there's a need for a conditional use process that needs to be reconsidered and that - the like type business. >> we're convinced that this is a progression that should potentially be include with other like progressions that does require not require a conditional use and perhaps what commissioner adams is getting at we would courage the planning department and the supervisor to

look for ways to help non-conforming currently existing massage entrepreneurs to remain where they are understanding that there's a legal requirement for any business to have a permit where it exists so we can't go against the law find a way to amend the law that allows for a grandfathering and not just is we're going to disregard the law add something into the new legislation to permit grandfathering and that's something we're - i'm with the exception perhaps of the legal member on staff i don't think anyone of us are qualified to

speculate if there's not a way there's not a way but there might be a way to dweek the law and classify this group as one that meets the same criteria as not needing a cu that solves the problem we're really to to consultant the case that we don't get that far. >> so we recommend if i may. >> right. >> am i allowed to do a motion great i move that we recommend to supervisor tang and to the planning commission they seek a means to grandfather non-conforming existing massage businesses if necessary. >> is this in addition to

exempting the c m t c certified practitioners to the extent their included in a group. >> there are some no - this is dealing you exclusively with those who don't have a permit that are those who have a permit to be where they or so we don't need to expressly deal with those. >> the ones that are have to go through the cu we want to exempt a group not to go through the cu they ought to be doe qualified we're comparing them to other groups i have not - that don't have to go through the cu. >> this is xrefg for businesses

non-conforming. >> right. >> no cu process b will - there will be having to be an examination. >> just seeking a means to diesel with non-conforming if i understand planning existing businesses seeking a way to get them compliant. >> okay. and so commissioners do you want to make a direct recommendations on that item to send forward or do you want to make a final recommendation i mean you've made two motions of which are important for me to take but. >> we're using his motion. >> i think the. >> my plan is a plan b motion.

>> i like his better. >> there's two components to the planning department there's the one gathering the existing and two the - there is the evaluated components of the conditional use necessary when the industry is compared to like industry so possess o boss those elements are tied into this legislation so. >> why not add those f to the motion as a recommendation. >> okay. >> so the recommendation would be that massage therapist be classified as other health care professionals currently that are currently in operation in san francisco that does not require conditional use. >> perfect. >> may i start that as the

certification with about correct we don't want massage therapist. >> massage thooefts that meet the certification refrigerates in the city or state of california you can get a california certification or a san francisco certification but not both right. >> i'm wondering if we need to go into that level of detail i think item number had the health department kind of the direction to supervisor tang to try to do something it eliminates having to make those distinctions so we make a distinction that provides the confidence that - >> we call them massage thooefts that's out of my recommendation i'm recommending those regarded as a massage therapist.

>> we're talking about establishments so i think i mean one could say if you have one definition it is item 4 but the direction to commissioner tang to work to create a definition that parallels ass this as a house industry progression so that then once this definition is created then it minimize the need for conditional use. >> it is kind of what i'm hearing our saying. >> i think the grrth is very clear and as far as the cu we're saying that the c should not apply to a category of practitioners as supervisor tang or as the experts will define it shouldn't apply to