relevant. the definition of restaurant and you the planning code. the planning code defines a restaurant as retail sales and service use that prepared ready to eat cooked foods to customers for consumption on the premises with seating. the definition of restaurant under the planning code does not dictate how the restaurant should operate its business. charging for a seat, or requiring every person to order food are not relevant to the planning code definition. they're comparing the cafe to what it considers a traditional restaurant, but those distinctions that exist, they do not exist because they would overly prescribe how a business must operate and tlb thereby impact the market. instead it makes it a restaurant with an interesting marketing plan for customers who can sit and spend money on food and

beverage, the primary business. this analogy to a movie theater is not relevant. 66% of all gross receipts from from food and beverage, making it a restaurant. it appears to say that revenue does not matter to use. such that a movie theater that makes more money from popcorn and food sales rather than ticket sales, does not make it a restaurant. if you go into a cafe, you will find people working on their laptops. if the primary purpose of visiting the cafe was to do work, does that make the cafe an office? this directly conflicts with the original statement that paying for a seat changes the use. in that instance, revenue and payment matters to determining the use, but not in the movie theater one. either revenue or payment define

the use or not, but it cannot be both based on the argument that is made. retail and office is changing. we agree that broader discussions are needed, but we disagree until that happens, the interpreting of the planning code, if it looks like office, it's office. instead the planning code definition still apply. and the planning code includes clear definitions as to what is retail and office. the workshop cafe is retail under that definition. it's also retail under the policy and you the plan -- under the planning code. it's a place for the public to meet, grab a cup of coffee or sit down and open the laptop. we have a quick video we're going to tee up and show so you can see what it's like inside the cafe. here you can see, it's vibrant, opening up to the street. there are people sitting, having

a cup of coffee, meeting with friends. working. i apologize that the public can't see. they're turning ordering at the counter. sitting, going to hop on the laptop. it's a cafe. it's a restaurant. it's open to the public. anyone can access any part of the workshop cafe. it's 100% open. more than 66% of the gross receipts come from food and beverage sales. they erred in planning code that it's not 100 retail. and we request that the board overturn the determination and find that the workshop cafe is a retail use. thank you. >> i have a question. >> commissioner lazarus: after five years of operation, do you know what triggered the complaint?

>> i have no -- >> or you can -- >> i was going to answer the question. >> answer the question, please. >> i actually don't know, but we have had the exact same business model, extremely transparent, we have literally changed nothing in the first three years. we were on the front page of "the chronicle". >> thank you. >> and then out of nowhere -- >> you do not know the source? >> no, we do not. >> that answers my question. >> is the property owner here today? so i understand we'll be giving the property owner an opportunity as well to respond? >> we haven't always, but do you want to speak? >> it was in the packet in the brief. >> you can do that in public

comment then. >> so why don't we hear from the zoning administrator. >> good evening, full disclosure my wife worked for bank of the west, so i feel there is no real conflict. this is for determination of the property at 180 montgomery street. in that district, office use on the ground floor is only permitted with the conditional use authorization because it's intended for retail and services. so in response to a complaint filed with the planning department, workshop cafe, submitted a request for determination from the zoning administrator in june of last year. the request was to determine if the cafe was only a restaurant use or both restaurant and office use due to the services

and work space provided. on november 17, 2017, the zoning administrator said that the reserved seating area is currently operating outside the limits of accessory use of the restaurant and considered to be office use. the appeal of the letter is before you now. the appellant claims that workshop cafe is only a restaurant. the determination did not dispute that restaurant use does exist as part of the use, however, accessory use within the principle use must be related minor use that is either necessary to the operation, or appropriate to any such use. accessory use within the zoning district is limited to a one-third of the principle use. the zoning administrator determination did clarify that the manner of the work spaces would not be considered accessory use if those spaces

represented more than one-third of the occupied square feet of the restaurant use. the appellant claims that offering white boards, printing services, wi-fi, video monitors and meeting rooms are part of a business model to attract people to the restaurant. that allows reservations for specific work spaces reduces customer anxiety and is no different than a restaurant requiring reservations. first, workshop cafe does not allow couplers to allow work space, it charges a fee over time. and they must sign up and create an account to reserve the space. they have to become a member. second, there is no time limit on how long a customer may rent a work space within the cafe. while customer is paying, they are not required to order food and drink, making reservations

at a restaurant means that a customer has to order food or drink. workshop cafe provides a significant amount of services previously listed that indicate conducting such work is the primary purpose of the work spaces and not eating and drinking. the people who attend are there to do work and they may also be able to get food and drink. the work space area within this location of the cafe represents 3,000 square feet of the nearly 4700 square feet in the face, 64% of the area. the work space area is physically demarked and set aside from the rest of the space. workshop cafe markets as places to do office like work. for one example, the website describes it with tons of space and tons of services we're an

oasis away from the office. it's clear that they're marketing is attracting people to come there to do work. considering these facts, the primary function of reserved seating is non-eating and drinking use. while customers paying to use work spaces, the fact they're not required to do so, means it it's not incidental, but the restaurant use is subordinate to the office spaces. the high percentage of the total space indicates that total space is not accessory. customers must buy a ticket to a movie theater and the principle use is the movie theater. they may purchase food and baenks in the theaters, but they outpace ticket sales, however the planning code does not consider the movie theater to be

a restaurant. finally, the appellant argues that the work space area is not what is commonly considered co-working space, however the administrator has determined over the last self years that the short term renting of individual spaces for conducting office like work is office use. this is not impacted by the duration or method of renting the space, be it hourly or daily. many co-working spaces offer spaces for rent that are available to individuals, companies, small and large and provide several amenities as workshop cafe, including food and drink. in conclusion, land use in san francisco are continuing to evolve as trends change. this is especially true for retail and office uses. the planning code basically states that anytime you have a use that doesn't clearly fall within one land use, the zoning

administrator has to determine which it best falls within. however, issues created by this evolution should be addressed through thoughtful legislation. it should not be left to individual interpretations and case by case decision. the department requests in the board of appeals uphold the zoning administration determination. if it represents more than one-third of the occupied floor area, which is the maximum amount permitted for accessory use. additionally, one concern is that if the za determination is not upheld, there would be no clear limit on how the principle would be applied to the future. for example if the cafe was 10,000 skwaer feet and 8,000 it was reserved, would it be cafe, or at what point would such a space be determined to be not a

restaurant but in fact office use? >> two questions. so one, no matter how much square footage, it has 66% revenue from food and beverages. in that case, it's a restaurant. no matter how they market it, if 66% of your business is from food and beverages then you're a food and beverage. >> it regulates land use on what you do on the land, not how much revenue you generate. >> as you mentioned with the theater it's proven they make more on the popcorn than the sales, but they still call it a theater. the last question, how did this come to the attention of the planning department? >> as was mentioned, we received a complaint. >> anonymous of course? >> i believe it was. yeah. i didn't bring that documentation because this is appeal, but the complaint opened the issue originally.

we had conversations with the sponsor to determine. they decided to call it to get to this point. >> mr. teague, what happens if they require the purchase of food and/or beverage? >> if they require it? that is challenging because that's not what was at issue here. >> one of the issues that you brought forth as reasons why. >> it's a matter of cumulative issues. would that be enough if they required people to order? i can't make that determination here for you now. i mean, there are other factors involved. if someone is able to book a space for eight hours, and all they have to do is buy coffee, maybe not. that's a hard question to make

determination. >> sorry -- >> i had noted that could they just figure a way to have a set menu, same question that the president asked. >> sure, that's part -- that's one of the factors. again, discussing the brief and my presentation, there are multiple factors that go into this determination, because it's not a clear-cut situation. it's something that is in between, which is why the letter of determination was requested. and it's a challenging situation because we're seeing these trends change over time. but in this situation because of the cumulative comprehensive issues together, that helped the zoning administrator to determine it was more of office space than the restaurant space for the work space areas. >> is there any deference to be given for the amount of time they've used the space in the same way they've used it?

>> are you talking about individual users or the fact that the cafe -- >> it's been there since 2013. >> no, unfortunately, the question is if this use or that use, regardless if it's been there ten years prior or ten months. >> thank you. we will now -- is there any public comment on this matter? please approach the microphone. did you fill out a speaker card? if you can just get one an put your name. >> come on up and speak and you can do it after. >> please identify yourself. i'm kevin garratt, i'm a

customer of workshop cafe. i've been there since the beginning. i would go to starbucks a lot to meet with clients, i would use the internet and order coffee. i went in there and it was a great place to have coffee, socialize in the same way i would do at starbucks or pete's. so they offered that, like getting pastries, coffee, a chance to get away from work. and currently i actually work out of a work space and it's funny, co-work space i work out of, i have office space, and people don't like to go there sometimes to meet with me. when i was like customers because they have to check in, there is nobody around to service you. they're like, can we go somewhere else? this is an office, i want to get out of the office. and i would often go to the workshop cafe because they have

baristas, we can order stuff, it's a tech savvy cafe. they bring the order to you from your phone. or your computer. to me, that's what kept me coming back throughout the years to access this. i can go there and we can order before we even get there. i mean that to me, that's innovation, for me. i spend a lot of money on my office space. i still have people preferring in something that is ground level accessible. in my office, they have to become members, fees, they lock you in. with workshop cafe, me and my clients or people, stakeholders in my business, we just go there, right on the ground level, order a cup of coffee and food and that's it. you know. that's been my experience and that's why i still go there and

it's just a really awesome cafe. >> thank you. you can just give it to mr. contara. >> hi, i'm gabrielle. i am a customer of workshop cafe, i'm an entrepreneur. i have a work space. i go there because it's safe. it's an issue, if you go to a lot of cafes here, stuff getting jacked. people take stuff through the window and the way it's structured allows me to feel safe to go to the bathroom and leave my computer. it's a minor thing, but in this city it's a big problem. the food is great, coffee, everything. it's a really good safety space. and what you were saying about

the general public, co-working spaces that i'm a member of require me to get additional approval sometimes when i'm having people meet me. workshop cafe i can have anyone meet me at any time, i don't need to book anything in advance. it has a lot of flexibility. there is no flexibility. it just is. it has advantages. it's an open public space. >> thank you. >> good evening, i'm mike. i'm here to urge the board to reconsider the zoning administrator that workshop cafe is not a restaurant. i work from coffee shops everywhere i go. and i've done this for several years. i've been a customer of workshop cafe for the last two years. the zoning administrator made a

mistake, it's obvious when you walk in this is cafe. asking any customer if they're in an office or coffee shop, would be met with confusion. of course, it's a coffee shop. i went ahead and did this and asked five random people, would you call this a co-working space and coffee shop? and everyone answered as you would expect. workshop cafe serves an unmet need. if i go to starbucks and hang out, i feel like a huge jerk. eventually they're going to kick me out, even if i continue to buy coffee, because i'm taking up space. i feel guilty. i may still do it, but i feel guilty. instead, i can go to workshop cafe and i pay an hourly fee for the seat be but it alleviates that guilt, is i can hang out explanation i like -- as long as

i like, i'm going to order coffee, who is going to hang out for eight hours and not get something to eat? i urge you to overturn the zoning administrator's determination. the workshop cafe is a coffee shop, just a unique twist on marketing. thank you. >> thank you. >> my name is alison and my husband richard and i live in pleasant hills. my husband's work has taken him out of tone, he's in rome but when we heard the meeting was taking place, we knew i had to come downtown and speak on behalf of workshop cafe and its importance.

my husband is one of the many laptop orphans in the city who needs quiet place to get coffee and excellent food that is conducive to work. over the years, he's tended to come to the city two or three times week and has made a study of coffee shops here. but when we discovered the workshop cafe, he stopped meandering and settled in. the food is healthy, delicious, it's innovative, but there are a lot of good restaurants in the city. what the workshop cafe has is that he can come all the way downtown, as so many other suburbanites do and know he can reserve with no fee, there is no fee for reservation, he can reserve a comfortable seat to enjoy the excellent food and coffee. he knows in this coffee shop he can settle into his meal and

work without blabber mouth next to him discussing their latest date. he knows that the little mr. i've got to watch my loud video on my telephone is not going to park it next to him and distract him. and he knows for $2 an hour for the seat he's sitting in, he can continue to enjoy that seat all day, ordering food and drinks as he likes, without feeling, again this idea guilt that he's taking up space. there is no other coffee shop or restaurant in the city that offers that service. he's be in the hoards of folks fighting for an uncomfortable bir bench, hoping that no one messes with his stuff as he races to the bathroom. i took the day off, half a day, to come down, because workshop cafe is a unique spot for local

coffee, delicious food and one of the bright spots downtown for my husband and so many others. it is one of the examples that i use in my economics class that i show to my seniors what innovation looks like in san francisco. we specifically talk about the workshop cafe. and even they can recognize that this is the 21st century at work. >> if you're not recording this, you can buy the video for your students later. [laughter]. >> i'm a senior real estate manager, i'm the property manager at 180 montgomery and i represent the owners. workshop cafe first opened its doors in 2013 and it has provide food and beverage service in a unique space for customers to sit and enjoy a cup of coffee,

sandwich, snack, full meal. we understand that the city has concerns. workshop cafe's hours of operations are extended into the evening and bring pedestrians and customers to our building's ground floor while much of the rest of the street is dark. we believe these extended hours are benefit for the office buildings. workshop cafe has been a great tenant and we support the cafe and restaurant operations. >> thank you. we'll move on to rebuttal. let's hear from the appellant first. you have three minutes. >> i know this cuts into -- >> i know this cuts into the three minutes, but i didn't prep any of those customers, in fact i'm very moved they would sit here for three hours. i first reached out to them

yesterday. >> again, rich is a terrific guy, but this is a legal matter, an interpretation of the planning code so i'm telling him to sit back down. there is emotional component to this and you can see. rich is right. he reached out to customers and said this is happening and they volunteered to come. if you listen to what they said, every single one of them talked about it being a cafe. they talked about the food and beverages. the key here is what is the definition in the planning code. we'll put up the definition of retail. retail use is open to the public. open to the public. >> hold on, it's not coming through the monitors. >> there we go. so the workshop cafe is open to the public. that's what it is. the different features of the workshop cafe has, such as having to pay to sit in a

reserved seating area or get a monitor is a service that is offered to the public. i know the za talked about a membership, that's called on app. and when you went into the workshop cafe, they have a feature you can download the app to add the time like you do with the park mobile, like the lyft or über, you have no obligation to go back there. it's not a membership organization. it's not we work. it's not impact hub. it is open to anyone. anyone walking down the street can go into the workshop cafe and access any part of it. i understand the concern about the size of the restaurant in comparison to the seating area. again, food and beverage is served throughout. if you walk through any of new cafes opening in downtown san francisco and you look at the size of the counter where the baristas are working and the size and the area, i would argue 90% of them are more than a

third of the space where people are sitting. does that mean those cafes have been turned into offices? because when they go to cafes, they're leaving their office, doing their work. does the fact that they're going there to do their work change it from cafe to office? to be honest, 66% of growth receipts from the workshop cafe come from food and beverage. that's where they're making the money. that's what is happening here. it's cafe with an interesting twist that gives folks looking to get out of their offices a place to sit, where they're comfortable, where it's quiet, where where there is security and they feel confident about what they're doing and the food and beverages they can get. look at the definition of the planning code. it's open to 100% to the public. >> there are questions here. >> has the configuration changed

at all since it was first opened? >> no, i don't believe it's changed. no the business model hasn't changed and the layout hasn't changed. >> just to clarify, i could walk in on ad hoc basis, any given day and then do i have to always pay to sit there, or is it extended period of time? >> there is actually some levels of nuance and we're giving it the argument that you have to pay, in reality the first ten hours are free. >> ten hours are free. and what the za said was you need a membership. you don't need a membership. you could anonymously walk in and say i don't want you to know who i am, can i pay cash? that means we don't have your e-mail, we don't know who you are. the first ten are free. >> but ten hours -- >> ten hours in total per

person. >> you can stay for two hours, tomorrow for three hours, but we want it to be accepting of everybody if we really got into it, it's free. >> another question. which you may not be able to answer. do you have a sample of what percentage are ordering food? >> yes. 90% order a beverage. around 90%. and this is throughout the entire space. and about 50% order food. and the food number is going up because we invested a lot in upping the food menu and really, that's why we hired the culinary manager. >> ok, thank you. >> just point of clarification.

to make a reservation, people are not charged? one of your -- >> reservations is getting thrown around, a little confusing. you don't have to have a reservation at all. >> commissioner lazarus said earlier, you could just walk in. literally so few people make reservation. >> if you wanted to make a reservation, you charge? >> yeah, but it would be the same as just -- >> let's say you know you're going to be downtown, it's in between meetings, you have a meeting at 1 and meeting at 4 you want a place to sit. you can click on the app and say i want to sit there. that's the service you're providing, getting that seat for two hours. >> if you use the time, you could choose not to use it. you could make the reservation and not show up.

>> ok. >> i have a question. what about the argument that this is a somewhat new concept and this should be some deference given to the za and there should not be this ad hoc defining of what it is for you and then somebody else comes along, what is that place? and maybe it should be a more deliberate legislative fix. >> and we 100% agree that should happen, but the key here is that when you look at what the planning code says, it is talking about retail and 100% open to the public. when the za is looking at these things and our recommendation would be, you don't want dead ground floor space.

you want people to walk in off the street, do cafe type things, move in and out. there should be a larger legislative fix but the key should be around the future of retail and what is accessible to the public. that is what the definition in the planning code says to the extent there are spaces looking to look in the ground floor, they don't have a majority of food and beverage, sales as their gross receipts. then that doesn't meet what we're talking about here today. today is a cutting edge cafe that is doing something different that is working and all the things they're talking about, they make them feel comfortable and bring them in the door to spend the dollars on food and beverage. >> ok. >> so again, planning defendant, i noticed a theme with a lot of

the public speakers, which was they were all situations where they wanted to get out of their office do work in a better office environment and yes, they also wanted to get food. but this was not a determination on how successful the business model was, it's how the space is being used and what land use classification would it fall under? i would like to get out of my office and hang out in the twitter office, it's more fun, but it's still an office. so i think that was a consistent theme and that demonstrates part of the point, yes, you can get food and yes, they make money off it out, but that is not the principal use of the space and it is not marketed as being the principal use of the space. regarding a membership or no membership, i mean i did go into the cafe last week. there were very clear signs that said this space is only for work

space. you can get your ten hours free, otherwise you join, create an account. this is one of their flyers that talks about some of the things we said. you can pay by the hour. the space is designed for productivity and you can order your food by text. you can create your free account online so on. again, when you go into the space, there is clear delineation of the space. there is no question that the space at the front is full-on retail. it is a restaurant. no question. the question -- the determination made by the zoning administrator that is the work space area is so different than the retail space and such a large percentage of the space, 60% of the space. even though it has features of a restaurant, its principal funks is not to be a restaurant. its principle function is to be

an office space, to get out of the old boring office space and work in a cooler, hipper safer environment. but they all want to come there to do work. the last point i would make, as i mentioned before, this determination was about what is this land use. i did mention that this would not necessarily mean if the zoning administrator's determination is upheld that their business model has to go away or close, it could be authorized through conditional use. so there is an avenue for legalizing it as office space, that is an option. i'm available. >> so, just to say we say no to it and we agree with the zoning administrator's determination. when you say there is conditional use, they can operate the business until that conditional use is heard or not

heard? >> generally speaking if we have a violation of any type, and the situation we're discussing the letter of determination, but it was brought about by the enforcement action, if this letter is upheld, there is enforcement issue, because they then have office use that is unauthorized. >> they are going to close. >> they would have to come into abatement. two options, they could change the way they do their work inside. or they could file a conditional use authorization and go through that process to legalize it with that 60% approved as office space. during that time, we allow businesses who are in good faith moving forward toward legalizing their activities to continue, we don't require them to shut down. >> the second question, since the determination has been made their office space, 33% of the

income, if 66 is for food and beverages, they're not really an office either at 33%. >> i don't know -- it's maybe challenging to parse out exactly what the revenue is for that space. because again, the distinction two the letter of determine nation is not looking at those numbers, it's looking at the space between the workshop area and the rest of the restaurant space and saying that the workshop space is primarily functioning as an office space. the issue of revenue and how you generate revenue is not a factor in the determination. >> you said that 60% of the space is office space, but 33% of the income, so that's not very efficient -- it doesn't pencil out. >> it may not. >> thank you. >> that might be debatable.

if you're charging $2, $3 an hour, each station, has what, 30 square feet? anyway you can run those numbers easily. >> that's a different issue. the question is, from a zoning point of view in the c 3 o ground floor has certain requirements. >> the o is for office. this is downtown financial district so -- >> ground floor. >> we permit and encourage office space above the ground floor. because we have so many office workers and more residents living downtown, the first floor was primarily for retail and services for the daily needs of workers and residents in the area. of which there is a lot of need for that. because of that, he don't prohibit office on the ground floor or below, but it is a

conditional use authorization that is required to have office space on the ground floor or below. >> the matter has been submitted to commissioners for consideration. >> i'll start. so fair amount of ambiguity on this one and i'm usually the strict constructionist. but my arguments at least to myself are that at least for the last four and a half years they haven't seemed to be doing anybody any harm. in fact, they've probably been doing good because the activation of that space is very valuable. and i don't know what the complaint was, and it's too bad, but i would be inclined to overturn the za on this.

>> i'm not necessarily in disagreement with that, but it's kind of a difficult case. perhaps some of us should retire because the work space that changed dramatically. >> did they have coffee in the 1800s? >> yeah. [laughter] >> but part of me says, i'm following your line of thought and i probably could add a couple of things, but when i look at that video, this looks to me like an office space. whether you have higher work spaces, counters or not. it does look -- there was not much difference from that video in terms of having coffee at your station while you do work

on your computer. the problem with the za's determination is that it's old style. there is no flexibility in that thing to look at new models. and perhaps if their issue is a precedent issues, i would be inclined to put restraints here. that's why i asked whether food and/or beverage is mandatory. i would also think about for it to maintain that kind of a land use zoning, then it has to have a majority of its receipts coming from food and beverage.

or something to that effect. >> it's discretion on the case. >> you know, things change. >> errant abuse. >> so my feeling is one, sorry i don't drunk coffee. two, when i pass starbucks, that looked like a starbucks to me. when i walk past starbucks, everyone has their laptops and everyone is trying to do business. i can see potentially that under different circumstances this could be a bad situation, but in this particular situation i believe just the fact that the employees are sitting here and

i'm not seeing that he hate being here and they've got a love for their job, that's pretty cool to be honest. second of all, when 66% of your income is food and beverages and like the own are just said, it's increasing because they brought in additional stuff to deal with that, it's a restaurant with services. and i'm with commissioner lazarus, and depending on the constraints or add-ons that president fung wants to add on, i would consider that as well. >> i'm sympathetic along with commissioner lazarus. i have a tough time getting there. i'm struggling. >> the thing is that like someone mentioned earlier in regards to the cell phone, when

he was a kid they couldn't get it. when he was a kid, there were no cell towers. >> right, but that's not our role. the role then is a legislative role. legislature to fix. and for the za. but not for this body. >> but if i were to walk in, i would say it's a restaurant. if i can go in and order and not belong to club and say, hey, can i pay cash or use my visa or mastercard and they say yes, it's a restaurant. >> but it looks no different than twitter's space, that's an office building. >> i can go into twitter's office space. my friends work at these places and they get free food. i love it. but i don't get it. this, i can go in and be the general public and walk in. twitter is private to twitter. i love the free ice cream in

facebook. >> is the determining factor that it's public? >> one of the factors. >> it's public, it sells goods. there was one more. but that's within the definitions they should put up. >> i think with the za, the largest argument is the amount of space, the amount of space that is given to the private rooms as mr. teague said, 60%. given to the private rooms. and that there is not a requirement to actually order food to stay in there. you can just pay the space, but if you look at the numbers, that's not what happens. it's a place where people are going and eating, that's gratuity. $2 an hour? >> but in a restaurant, you go

and want something to eat. here you go because you're working and then you get something to eat. >> but they're eating 66% of the time. unless they're lying. >> i'm not sure -- >> that doesn't correlate to the time they spend. it correlates to what they make. >> perhaps what we need to do, if there is a will, this is lod. you can't be adding conditions to an lod. it's a determination that either he erred because we find this to be a restaurant, but we can add reasons why we felt that. the gross needs to be in excess of such and such. it needs to be mandatory. or certain things like that. those are not necessarily

conditions, but it's elements of how the decision-making. >> how can we do that without more thoughtful analysis? >> exactly. >> of what is required. >> i think it's a gut reaction. >> yeah, i mean, this is not my normal approach to it, but i just feel pretty comfortable with what they're doing. again, i think maybe even mr. teague said, we would be getting out a little bit ahead of where the code is and ordinance is. and in this case, maybe that's something we should do and start forcing the hand to get changes. >> it's no different than the subjective decision-making that we do. what is contextual. >> but it's subject to interpretation which is what the

letter of determination is. >> it's for us to determine whether or not he got it wrong. >> the za is great at interpreting, but he's fully cognizant that the planning code is not a perfect document. i think the planning code doesn't grow easily. it doesn't change easily, therefore it gets stuck on a lot of things. if there is one thing we need to get creative, it's the definition of detail. >> you want to make the motion? >> all right. i'll make the motion. i'm going to move to grant the appeal on the basis that the za

erred in his determination that the use of workshop was not fully a restaurant use. and my basis for that is the fact that their gross receipts for food and beverage exceed 60%. and it's open 100% to the public. >> ok, so that's a motion to grant the appeal on the basis that the zoning administrator erred and the use of the workshop cafe is not fully a restaurant use, however the gross receipts exceed 60% so it's open 100% to the public.

>> when you say open 100% to the public, if you go in and you sit for your ten hours and you don't order anything, can you still stay as a member of the public like a library? >> for the first ten hours, yes. >> but then -- >> when you go to a restaurant, you have to do something. starbucks is not going to let you sit there nine hours. guarantee that. >> there is an expectation. >> i just want to be comfortable with that. >> do i need to repeat the motion? no? ok. so motion made by president fung?

commissioner lazarus? aye. commissioner honda? aye. commissioner wilson? aye. that motion passes to grant the appeal. and this concludes the hearing. - working for the city and county of san francisco

will immerse you in a vibrant and dynamic city that's on the forefront of economic growth, the arts, and social change. our city has always been on the edge of progress and innovation. after all, we're at the meeting of land and sea. - our city is famous for its iconic scenery, historic designs, and world-class style. it's the birthplace of blue jeans, and where "the rock" holds court over the largest natural harbor on the west coast. - our 28,000 city and county employees play an important role in making san francisco what it is today. - we provide residents and visitors with a wide array of services, such as improving city streets and parks, keeping communities safe, and driving buses and cable cars. - our employees enjoy competitive salaries, as well as generous benefits programs. but most importantly, working for the city and county of san francisco gives employees an opportunity to contribute their ideas,

energy, and commitment to shape the city's future. - thank you for considering a career with the city and county of san francisco.

>> self-planning works to preserve and enhance the city what kind hispanic the environment in a variety of ways overhead plans to fwied other departments to open space and land use an urban design and a

variety of other matters related to the physical urban environment planning projects include implementing code change or designing plaza or parks projects can be broad as proipd on overhead neighborhood planning effort typically include public involvement depending on the subject a new lot or effect or be active in the final process lots of people are troubled by they're moving loss of they're of what we preserve to be they're moving mid block or rear yard open space. >> one way to be involved attend a meeting to go it gives us and the neighbors to learn and participate dribble in future improvements meetings often take the form of

open houses or focus groups or other stinks that allows you or your neighbors to provide feedback and ask questions the best way to insure you'll be alerted the community meetings sign up for the notification on the website by signing up using you'll receive the notifications of existing request the specific neighborhood or project type if you're language is a disability accomodation please call us 72 hours before the event over the events staff will receive the input and publish the results on the website the notifications bans feedback from the public for example, the feedback you provide may change how a street corridors looks at or the web policy

the get started in planning for our neighborhood or learner more mr. the upcoming visit the plans and programs package of our we are talking about with our feedback and participation that is important to us not everyone takes this so be proud of taking ann>>

thank you for your patience we had a joint hearing with the building inspection commission earlier today. please be advised that the commission does not tolerate any o outbursts of any kind. if you could silence your mobile enti devices and when speaking before the commission if you care to, do stern for the record. [ roll call ] >> commission president hillis will be absent. first on the agenda items for