there are also readily identifiable chains that are not considered formula retaylor subject to the formula retail controls such as gyms, 24 hour fitness or gas stations, or whatnot and those are not useful that fall into this category. >> and we are looking for the criteria for evaluation and 11 or more establishments a hard and fast masic number. should a business with 12 outlets be evaluated using the same criteria as the larger chain such as subway. >> should it reflect whether it has outlets in the area, such as lee's deli. or thousands of outlets, and are there uses, grocery stores or pharmacies come to mind but there could be others, providing retail that is not typically provided by operators or not readily accessible in some neighborhoods >> the commission adopted a policy that considers the concentration of existing formula retail in a geographic area and considering new applications in the upper market zoning district and we want to evaluate how those controls are working. and we also would like to consider visual impacts. and by definition, formula retail establishments do have

first i'll present non-formula retail and formula usage and second i'll talk about that cross the nation. first, it's important to note that most of the existing research is on big box impacts not on smaller storewide. we found one study in san francisco. month studies were done by a nonprofit who promotes local stores. so for those rations the city wants to conduct its own study. and most studies look at less immense studies. those studies tend to describe the local increased spending by non-chain stores. and at the same time the formula retailers provided goods and services and serve as neighborhood anchors. in 2007 a study was done and found that independent routines do have the most growth. the money is kept and recycled geerates more income for the local services. zoning across the nation. recently many small california cities driven their laws like san francisco. but they seek to prevent a formula retail establishments. also the concerned is disruption of the culture of the neighborhood. and discouragement of some services. so they have limited the number of the establishments perm

large retail formula establishments. i think about the establishments we've looked the orchard supply we've not got in san francisco but people will go there because the products that aspire in some ways. some people are not going to go to the formula retail maybe they want a lawn mower or power tool but most of they're hard war needs they'll get at the local stores. i think it make sense to be careful but i'm in in favor of restricting the heights and other things. they restricted the banks so they wouldn't dominate the frontage. if you're going to restrict the use you're better off restricting their senile and a lot of the retailers have ugly sicken and so they want to have huge sicken like 65 feet high and that's not important if people are mostly pedestrians. i think it's important when we do the analysis one of the restrictions has to do with the amount of formula retail within a 65 feet of listen i can't remember front and it's important to look at the entire neighborhood and to lump a one type of of formula retail

>> yes, so it's either formula retail or it's not formula retail. >> i was going to say this -- no, you have determined that, alright. the only thing that can determine that -- if your determination is overruled, the only thing that could determine whether it's a formula retail or not is either revocation of the building permit or a conditional use hearing. >> well, i would say that the board would presumably make findings if the letter of determination is overruled, they would presume that flemings would be made that it is a formula retail use which would then necessitate a conditional use authorization which would authorize the use at that location and would invalidate those building permits because they would have been improperly issued. >> i don't think that's correct. >> i don't follow you, commissioner. could you help me with your thoughts. >> overruling the lod does not automatically trigger a cu process. >> i don't think he's saying it automatically triggers it. >> yes, he does. he said that if his finding that this is not a formula use is overturned, then the opposite by infere

we do not have a moratorium on formula retail on table right now. we have asked that the planning commission, we have asked the planning commission and in term they have asked the board of supervisors to take a pause on passing new legislation that would impact this. and that may or may not happen. i know of one proposal, i believe from supervisor martha will probably be on hold until the conclusion of this study, for example. >> i don't think that we could characterize changes that will be recommended by the planning department as one way or the other. stricter or less strict. >> i do think that there is an acknowledgment that probably the controls would be more effective. if they were slightly more refined, and so that perhaps, the criteria varied from use to use, or. five was considered. and i was just considering because i know that we have all been contacted from different merchant districts that are like the hair is on fire and they want to get it done right away. they may have a specific, you know, project, that they are looking at. and you k

and the other thing that i don't think was addressed was, they had two different formula use and things that came up in the last year or two, and one was sherm an williams store that came in on polk street and another one was orchard supply that wanted to come in on howard street or one of those streets and i forgot which one. and in both cases, the way that the planning department came up with how many other formula stores were around it or how many other similar stores, there was not a set kie criteria in the orchard supply case, the city builders was a block and a half or two blocks away and they were never counted as part of it, it didn't make sense, in the case of the sherm an williams store they left out a bunch of stores by jerry man did jerry man dering the area. i think that has to be fixed a uniform thing that makes it reasonable. some things to think about. thank you. >> i need to remind that the public comment is at three minutes. >> any other member of the public who would like to weigh in on items three and four? >> seeing none, public comment is closed. and i would like t

>> i am sure that some formula retail activates corridors that are good. is there any data, currently in regards to that? >> in our very short time line we had to produce our report and we have found that there have been some studies produced that include san francisco, data, and those tend to be a little bit one sided and we are looking for a broader picture and we have very little hard data to use to analyze to develop, a policy and that is really why we sort of felt a lack in the information and so we needed to commission a study. >> okay, thanks. >> commissioner dooley? >> i know that i think that you guys are kind of using it as your starting point for 2007 retail formula retail study. >> are you going to kind of basically update what was in that? >> we certainly have conducted the study and referenced it in our report, i think that we are hoping to include more quantitative information and in addition, if i remember correctly that report included colma, and daily city and south san francisco, and in the study area and that would be sort of dramatical

this is formula. prop g targets precisely this business and demands this type of business go through a conditional use hearing. it's this bill has lost sight of that and that it should be on the findings which states in the beginning san francisco is a city of diverse and distinct neighborhoods. we merely ask that you read section with section 3 a and find the legal result. help us define the diversity by protecting the character of these commercial areas. find the spade as as a single conditional use area. >> to conclude, kate spade thinks the community support them. the vcma is asking that you revoke their permit in a you hear them as a conditional use hearing. >> thank you, we can hear from the permit holder now. >> honorable members of the board of appeals. here representing jack spade today. i was going talk but at least i don't have to. jack is not formula retail. what they have asked you to do is go above the law. there are ninety different proposals on how to change formula retail. that's basi

and two applies the formula control to the existing formula retailers. we're not relitigating this ban. first, let me discuss why we want to include the international areas. supervisor breed believes this is a international market. especially with the rise of internet commerce retail is truly a global marketplace. and any location - why would it make a difference if a company has 11 locations in canada or the u.s. those do not change because simply some of the stores are outside of the u.s. a european company has a large organization throughout europe they have 11 stores in the united states. so arrogant has been allowed to circumvent the codes. frankly i don't understand why the chamber of commerce obtain to worldwide locates. why is it fair to regulate american companies but not european one. this should apply fairly. shouldn't it not be biased against american companies. now let me address the affiliate companies. now since some retailers abide deby some policy like the gap. there's nothing to stop levies from opening a docket store. simply by creatin

we are looking city wide auto at the issue of formula retail and the impacts of formula retail uses and i do hope that we can continue to work with and you the other supervisors on this because we do think it's time and the planning commission has asked us to take a bigger picture look what is going on with formula retail so we hope to do that and are having the initial meeting next week and hope to come back with recommendations in the fall. we are support i of the legislation with the amendments that you propose today and sophie will produce the details. >> thank you director ram. >> good afternoon supervisors. sophie hayward planning staff. i don't have much to add to the discussion due to the fact they're interim controls we didn't have time to present this to the commission but we will include them in the presentation next week which will address formula retail as an issue across the city including the mid-market area so we will produce the controls with your amendments to the planning commission next week and the department is generally supportive of the controls. thank you. >> th

there's formula restaurants have no more strict rules in formula so it tayloring is appropriate >> just one loose thing. on the ownership factor coming in to it. a lot of times we have conditional permits coming before us we like the use but we're not sure if that ownership went away that the use would still, you know, be 13w50ish8 e desirable so the speak. to you want to say that the sea only runs with the ownership and not the land. that is quite the same as here but it does raise an issue it's not quite as clear for me. i understand the concerns to protect something fragile and new, however, i believe this is the responsibility of this commission and of the planning department to always look at larger citywide policies rather than just responder to spot zoning to one particular request and give the store away. i think to give the changes redefine the changes and the definition the study should be completed. i know this commission has been very much tuned introspective neighborhoods and their concerns and a beyond the scope that the study being done that concern or that particular cur

conditional use for formula rail in this area. for those of you who are familiar with the area the city d is making a significant investment and as well as in new development along this corridor. there are also existing formula retail stores like a wall green and the mcdonald. and with all the change we're seeing in the bay verify with you thought one of the things if there's a new formula retail the city and community has an opportunity to get involved. it's not a neighborhood pits completely opted to formula rail it needs some services and it's accepted as part of the new projects. you know, increased skeerj for ground floor proposals elsewhere in the neighborhood. but we learned from the negotiations there are ways that the community have shape the retail to make sure it's complimenty and a some challenges from the neighborhood that were we thought that would control some of the progressions of third street without rezion e zoning the properties. we thought about rezoning a lot of the properties but given the demand for the p d

i don't feel it's a formula retail. the opposition from the jack spade campaign submitted to you a list of sponsors in support of their cause. i'm on it. i never supported it. i don't know how i got on it. please make that correction. now as a small business owner i feel the rise in rent in property value. my landlord allows me a raise in rent every 3 years. if anything, i see very clearly that the presence of a more substantial business and will drastically help my neighborhood. many of this comes from valencia street. the sidewalks literally sparkle and clearly benefit from all the highly polished businesses called the valencia corridor. we call ourselves 16th street b. i have been waiting for the green machine company come back and repair our broken sidewalks. we have graffiti, garbage dumps. it's a home to many boutiques and i feel jack spade will fit pretty well. if we had like walmart moving in, it would kill all businesses. i went to see their store in new york and was completely charmed. made in the u.s.. this i

we tried to deal with formula retail in the past. that's where we had legislation regarding large fast food restaurants. >> has anyone presented an argument with you for purposes of the department's determination to consider whether that was contemplated, rejected or completely not considered? >> i don't have that evidence. i have to rely on what the definition that we've been applying for almost ten 10 years in the planning code. >> okay, the other question is the conditional use hearing, we know those cases if appeal don't come to our board. i'm pretty unfamiliar with that process. can you describe it a little bit? >> the typical use condition of applicants would take 3-6 months for application. it's a notice for up to a hundred feet, hearing before the planning commission and you would need a simple majority needed to prove or deny the application. they are didn't to the board of supervisors and requires 5 signatures from the members of the board of supervisors or owners of the property within 120 feet from the location. in order

it already states that if something is a city formula use. the burden is on the formula stores. it should be - of the 10 finding for section 603 of the planning code 4 deal with the size and structure of the company and one deals with the aesthetics. finding two, that san francisco meditates to protect small businesses and it stays within the local committee without going to local offices and item 6 is for businesses for better capital businesses. and the planning code already focuses on business structure. and since the affiliate of a or a subsidy is better originated the planning code already defines the codes in the valley. supervisor breed is committed to this legislation. the departments concern of verifying the structure should be reidentified. again supervisor breeds respects the citywide conversation about formula detail. and she believe that hayes valley has already been a test issue. the hayes valley wants the definition made as soon as possible and we respect this wish. it's endorsed by the small business commission and i know it's fair to say it, it's brought to the

and applies to the off shots of formula retailers. they have a formula rail abandon that was before supervisor breeds election and thitsz extremely popular. we're not relitigating the ban issue nor are we expanding this discussion. the legislation is targeted to and only to the existing entity in hayes valley. first, let me discuss i can't we want to include the international locations on the formula counted. supervisor breed believes this is a global economy and there's no way to limit the domestic market. especially with the rise of commerce and the internet. any argument in favor of the retail formula control for domestic locations applies just as equally were why would it motivator if we have retailers in vancouver. the rent it can pay or the diversity or lack through are products don't change because some of the stores are - large are corporations are to circumvent by creating a new name or buying a small retailer. this is not fair to the small business owners in the phase valley. the diversity or lack of their products don't cha

you do need a formula retail. it's not just - it's fluid it's a fluid legislation i appreciate that supervisor kim >> commissioner