not formula retail if they're a holding company and own a lot of affiliate retails then you are. one last thing not mentions is that then if we do have the definition that could change as the ownership structure changes then we're evaluating a formula retail establishment and looking at the concentration of other formula retailers in the neighborhood we'll have an affidavit from them but not all the district that changes ownership on the retail. supervisor breed's office did oh, they could accept only looking at the ownership structure of the applicant and not taking into consideration >> but starbuck's could say we're going to open starbuck's but legally they - >> legally if it doesn't city target a different than target it's within the same parent company but the clever mind could very structure that so it doesn't fall through the cu process. we haven't gotten the real examples >> if i can weigh in this is a complicated issue we've had a lot of discussion i'm more concerned with a less tangle reason it's setting us up on a slippery slope certain types are acceptable and certain

after the boyle's up holding the formula retail we advised them to convert that to the formula use and moderate move forward that with the process involves neighborhood notification to it will be occupant within 2 hundred feet and the public hearing with the planning commission and we would have them do a community outreach meeting prior to that sexual when you say you'll do to expedite that process what's that involved >> we'll proirgz this application so it would be putting on the calendar allowing for proper notice. >> for the schedule and exactly. i'll anticipate had mayor ed lee we not going gone through the process we could have a planning hearing already >> so whatever would be the downside. >> you know so the planning commission if at the don't vote to approve that 4 votes and not approved. >> uh-huh. the appeal would be thirty days within that and issued not appeal able to the board there's pluses and minuses but it's a greater public process >> okay. thanks. >> we'll start taking public comment before people get up i want to make sure you understand under the boards rules off

and even going up to 50 will not alter the landscape of formula retail. we think that it will be a benefit for two reasons, one, it will relief some of the cue that exists for the cu applicants and i think that you all know how long it takes and it is a minimum of four months right now for a cu hearing and we think that for small businesses who generally have to sign a lease and start paying rent and then wait for the cu and anything that makes the bureaucracy a little bit more efficient and so the smallest of them will be beneficial and second of all, the increased emphasis on the design and storefront design, acknowledges what the study found is that many of the concerns that the people have about formula retail is about the character of the corridor and we think that the additional regulation beyond what is proposed could have an adverse effect on a number of things and one is the ability to recruit the desirable neighboring serves small business to corridors and especially those attracting retail and some of those have the high vacantcy rates despite

at page 8, "the relatively low concentration of formula retail in mixed use neighborhood with formula retail control in place suggest the controls are successfully limiting the amount of formula retail in the city's neighborhood commercial districts, although other factors are likely at play. in addition to the city's formula retail controls, other factors that could affect the concentration of formula retail in different neighborhoods includes the prevalence of formula retail before the control we hadthv into effect and the different retail market street that various commercial districts serve. at page 8, "by creating disincentives for formula retailers to locate in san francisco's commercial districts, the formula retail controls may help lower costs for independent retailers by making neighborhood commercial districts less attractive for formula retailers, formula retail controls may help lower rents in some districts reducing costs for independent retailers." we think that these findings point to a conditional use process that gives community and decision-makers an opportunity to

should be regulated as regular signage we're interested if looking to the stronger performance retail formulas will establish. thank you >> thank you. next speaker. >> thank you good afternoon. my name is is t.j. i'm an attorney representing the owners of 555, 9th street the retail center we want to thank the staff and department for their authenticity full recommendations and in particular we're encouraged to see the recognition on the part of staff that retail centers like 55, 9th are appropriate and that formulate retail in under certain facts and circumstances or circumstances can be welcomed into the city the unconditional use process will not be an additional advantage we're concerned with the administration review process that the staff has proposed that the invocation that one person who opposes the project could kick it back into 0 commission meeting i'm not sure that what constitutes a controversial project but that said as i said we're encouraged about alternative track. we're interested if working with the staff on the particulars of formula standards and the pedestrian assess meas

code and that claims that formula retail can hamper the retail diversity and personality and risk the loss of the very neighborhood character and individuality that we seek to protect. but the changes good reasons these are, and by phd and many others, have opposed formula retail so strongly in the past, and still do. if the changes before you the prohibition against the formula retail in north beach will not change and that is good. but the changes how many, companies there are who are able to slip through that prohibs hab beer will increase and that is bad, and the changes that is week in the law, and from eleven to 20 establishments exempting outside and larger corporations and their spin offs. that they should really be viewed as formula retail not in the way that they are proposed in the changes to the law, otherwise large corporations who want to open a brick and mortar location, for example, would not be considered formula retail, even though they already have multimillion-dollar catalog and on on-line process. and the spin off like black fleece, a spin off of brooks brothers,

we applaud the formula retail to include international formula retailers and new use categories. we also think that not including subsidy parent companies in the definition needs to be looked at it constitutes a loophole with fewer than 12 or 20 locations in order to circumvent the law. we intend to agree that recurring the progress when appropriate we think that the cu process is working and should be continued >> thank you. >> thank you. >> thank you. next speaker, please. >> good afternoon, commissioners. kathleen dulling i didn't president of the north beach commission today, i'm speaking on behalf of the north beach business and the telegraph hill i also participated in the planning process and the reviews i really want to thank the planning department for the hard work it's complicated and i think they did a very good job we support many of the proposed changes such adding international locations and expanding the news. we don't support increasing the numerical number to 20 we understand the deserve to allow the important chances we suggest a better way to do this is have t

and the use is unique they've been determined to be formula retail and modifying the project to not be subject to those requirements. >> how many times have you found the group to be not formula retail. >> i mean it's hard to say in terms of their present of businesses we process thousands of permits everyday or i'm sorry every year in the city for many small businesses so i full understand the question. >> how many changes in access of 11 changes or facilities that have some of the other characteristics at one up to this point in time have you not determined to be formula retail. >> in terms of someone characterizing theory population this has happened once before there was a formula retail owner they had a couple of locations franchised locations. >> where they was the tap i don't care pulgd store. >> one on castro that went out of business there were a couple of locations that changed and operating under different names and made similar product but more akin to a coffee shop that serves a blue bottle but not a blue bottle coffee shop. actually, i forgot that i remember that c

and have established as formula retail. we recognize san francisco is an international city we recognize that an increasing global economy that they can contribute to the standardization and surprisingly including the inspirational that will have little effect on the definition. we heard that counting international locations will hinder the appeal first, the department believes that the flagship companies are better and the combination of raising the threshold to 20 and including the inspirational locations we except few international retailers will be removed from the definition many of those outside the u.s. have multiple locations bet they come here if this definition had been that in place it would treat some as formulate retail. the last change to the definition is increasing the land use captured that will increase the businesses harassing as formula retail we ask for limited and professional services and french financial are cash establishment they were included in the inner market street controls for their corporati

, and any future businesses proposed by the owner will be subject to formula retail controls. each of the other businesses are truly unique and do not contribute to a uniform asthetic including that they will have a negative number of impacts and including limiting business development, and the change will likely be inconsistently applied as they will be unable to verify the ownership of the structures of corporations and they buy and sell their subsitary and we feel that the definition changes are balanced and slightly more restrictive. moving on to geography, market street is the premier street and the department believes that it should retain a character, and this part of market street known as central market is a burning neighborhood, last year, supervisor kim authorized the controls in market street between van ess and 6th street, the controls require conditional use for the five use types that are also formula retail and the financial services and the restaurant and the homemade restaurant pharmacies and only when they are visible from the street, due to the importance o

the board may find their formula retail or want more determination information for themselves that's the option that the board has before you but this is somewhat unique to other cases we've had because we've made the determination their formula retail but they've changed the operation and again, if the board upholds the determination after there's complaints they've changed the way they've operate and they could have penalties and i'm available for any questions. >> if we choose no did to uphold the determination is that error. >> i think we can only find error. >> okay. i have no questions. >> i have a question can you remind me of the prongs prime rate from the logo can you remind me i was looking through our letter. >> it will show on the overhead. >> can you read it i can't. >> sure. the formula retail as 11 other organization two or more standardized the array of merchandise standard listed do core and color scheme and uniformed apparel and signage a trademark or a service mark >> and our last determination was it it was formula retail. >> correct and based on those crit

i have had calls from realtors saying is there some way that you can stop this formula retail who is coming into the neighborhood and i am saying, no, why are they asking me that? because they have a client who really want that property. and they want to start a business in san francisco. but they can't. because the landlord only wants to deal with chains. the planning legislation acknowledges that fact. so please i am urging you, subsidiaries, when you look at a gap, when you look at a starbucks, the only way that they grow now, is by expanding their business model, super duper is a wonderful case of a small, worthy business that i am sure would be welcomed in almost any neighborhood. the issue is not that they are prohibited, the issue is that he is taking a chance and i would wager that if planning was to spend some time figuring out how to facilitate those highly desirable merchants local merchants, getting their permits, and which is not just the cu, but is the health and the building permits and everyone else, getting those highly desirable small, local chains, that might do a

within a formula retail use even if it's accessory that would still require the formula retail c u. >> the formula target formula resale use. i don't know if they sell alcohol there, however they would be, the code would allow it at that location because under the definition of liquor store they physically exempted the kind of retail uses regard residue if it's a liquor store or not. a large retail use you can have accessory of alcohol sales. it's getting to the idea. get together idea of costco that may not be a grocery store but the board of supervisors decided that a large use like that should be allowed to sell alcohol regardless if he they are a grocery store or not. >> okay. >> okay, thank you. >> commissioners, the matter is submitted. anybody want to start? >> i will start. i'm not really convinced that wallgreens is entitled. that it is expansion of use. as a former small business owner in san francisco, i have seen what big box companies formula retail can do. i think that i don't know if we can condition the c u, but i think that might be a good process. if you look

to exude the possibility if a starbuck's or formula retail i don't mean to pick on starbuck's goes out of business but the cu expires which it didn't now it runs with the property; is that right >> from a burger king 0 a mcdonald that will trigger a new conditional use under the code requirement. >> no, no i'm saying if burger king went out of the business if - >> if mcdonald's took over it's requires a new you cu. >> but we're changing it. >> it has limited applications but if mcdonald's buys out burger king they'll have to go through the cu process and if there was a let's say a phil's cfo on the corner of somewhere we gave it a conditional use from 14 to 21 stores but a reinforce and a half later they exit that property and starbuck's wants to come in. does that trigger a conditional use or an administrative process. that currently is a cu but we haven't worked out the abandonment so that's something else we need to look at that a standard cu is 3 years but we can change that in the process of administration review >> with respect to process you have outlined in a table a n

it's a technically formula retail area and no hamburgers and yeah.ccording to the motion that's correct. >> commissioners there's another motion and second to approve this project with conditions. >> commissioner antonini. commissioner borden arrest commissioner hillis. commissioner moore. commissioner sugaya. commissioner fong would be so kind to acknowledge you are viewing this in the executive chambers and i vote i >> and commissioner president wu. so moved, commissioners, that motion passes unanimously 7 to zero and places you on public comment i have there are no speaker cards >> seeing none, public comment is closed and meeting adjourned. ♪ ♪ ♪ ♪ hello and welcome to this presentation. i'm san francisco purrs since that time we've helped people clean up their criminal records. we created this to help you understand how this worked. we'll plan or explain all the steps. after watching this program you'll know what to expect after completing the process. hi, there are i'm deputy and i'm part of the clean slate team. the first thing we will need to

it's a technically formula retail area and no hamburgers and yeah.ccording to the motion that's correct. >> commissioners there's another motion and second to approve this project with conditions. >> commissioner antonini. commissioner borden arrest commissioner hillis. commissioner moore. commissioner sugaya. commissioner fong would be so kind to acknowledge you are viewing this in the executive chambers and i vote i >> and commissioner president wu. so moved, commissioners, that motion passes unanimously 7 to zero and places you on public comment i have there are no speaker cards >> seeing none, public comment is closed and meeting adjourned. leaders. >> hi everyone i'm patrick the director of earthquake safety forever for the stoifbl and we have the ryan white fair to teach people about the made sure soft story ordinance and connect them with the services they need you can save thousands of lives and if those buildings are rooiftd people will be allowed to sleep in their own beds while the city is recovering. >> we're here at the earthquake ryan w

it's a technically formula retail area and no hamburgers and yeah.ccording to the motion that's correct. >> commissioners there's another motion and second to approve this project with conditions. >> commissioner antonini. commissioner borden arrest commissioner hillis. commissioner moore. commissioner sugaya. commissioner fong would be so kind to acknowledge you are viewing this in the executive chambers and i vote i >> and commissioner president wu. so moved, commissioners, that motion passes unanimously 7 to zero and places you on public comment i have there are no speaker cards >> seeing none, public comment is closed and meeting adjourned. aye been in san francisco 20 years. i'm homeless. i got a good cup of coffee. i got a number. today i'm 359. >> you try to do the right thing and make a point to do what you have to to be at one place. they have all the services at one building. i can spend 4 hours touching each table ask and getting the information i need to get back on my feet. they are providing the services under one roof. you don't have t

it's a technically formula retail area and no hamburgers and yeah.ccording to the motion that's correct. >> commissioners there's another motion and second to approve this project with conditions. >> commissioner antonini. commissioner borden arrest commissioner hillis. commissioner moore. commissioner sugaya. commissioner fong would be so kind to acknowledge you are viewing this in the executive chambers and i vote i >> and commissioner president wu. so moved, commissioners, that motion passes unanimously 7 to zero and places you on public comment i have there are no speaker cards >> seeing none, public comment is closed and meeting adjourned. >> meeting to order at 1:08. madam secretary, please call the roll. >> thank you, madam chair. the first order of business is taking roll call. commission members plea respond when i call your name. commissioner ellington? >> present. >> commissioner mondejar is absent. [speaker not understood]. vice-chair rosales? >> here. >> [speaker not understood] commissioner mondejar is abseptember and [speaker not under

formula retailers often want to congregate locally. it is important to recognize whether that's tipping kind of the proper mix. an economic analysis is good. i would say to the chamber's point maybe businesses that are fewer than 20 outlets should be exempted from the economic analysis. one recognition they be a slightly different kind of financial backing than larger corporations. thank you. >> thank you. any other speakers? seeing none, public comment is closed. do we have questions? no questions? okay. i know two weeks ago we heard the planning department's proposal and this commission approved the planning department's proposal. and in this commission's opinion, you know, it keeps formula retail in check and it actually in some ways strengthens it. in my opinion, in a very fair way. supervisor mar's legislation tightens what we currently have. we currently have a law on the books, prop g, and one proposal tightens controls but loosens it up on some ends and tightens it up and actually adds more categories. and then we have the one

the will of the people is clear, that we do not want to loosen these formula retail standards far from it. and frankly i believe that this is not in the spirit of prop g, which the voters approved, and i am wondering if this will even hold up in court. but i am opposed to raising it to 20, i think that it is unnecessary, the planning department needs to get in there and fix their cu process, and several speakers said, make it much shorter so it is not an arduous task and this is what needs to be done we do not need to raise this to 20 and we do not need to just say, oh, it is too hard with spin offs and just blow it off. this is an important issue, and many, many of our neighborhoods, and many of these folks have spoken before the planning commission, who could not be here tonight, including the debos triangle association who are opposed to these changes. so, i want to raise a vote and say this is the small business commission and not the chain stores and the big corporation commission and the voices of the small businesses need to be heard right now, right here, by our commission. >>

there's no formula retail at the japanese tea garden either, does that mean there should be a formula retail like a star bucks or something like there? no. there's plenty of options for us, there's multiple pharmacies, there's a large walgreens, the area is already well served. [inaudible] tells you they're primarily going to serve the neighborhood, nothing is farther from the truth, greenspan said we're only to serve the neighborhood, he sold cars there for years, of course he's going to market to that area. why does the store have to be so many square feet. [inaudible]. it had a produce, it had grocery items. 2000 square feet before the safeways served that area, i request, what do they need 14 thousand square feet for just a pharmacy if? also down the street is 19th [inaudible] liquors, they stop decoys to buy alcohol or tobacco, they're going to be -- thank you all for your time. >> thank you, next speaker. >> hello, good afternoon x commissioners, my name is milton juan and i'm a resident in the neighborhood, i live on 15th avenue which is east of 19th avenue where the proposed p

and medical service use the pharmacy was you identified as the aids health care which is that formula retail and the project was identified at the castro pharmacy it doesn't maintain 2 or more standards and is not recognized as a formula retail the burden of proof is on the pharmacy it was continued until august and requires the folks to summit a claim and it could be to allow the ah f pharmacy at the property. commissioners there was no historic preservation commission hearing yesterday. so if there's nothing future. commissioners that places you in general public comment snooed 15 minutes to the public that are within the subject matter jurisdiction of the commission except agenda items. with respect to agenda items, members of the public may address the commission up to 3 minutes there are no speaker cards >> is there my general public comment public comment? seeing none, general public comment is closed. commissioners that places you under our regular calendar we'll be taking item 16 out of order the affordable housing unit density inclusion planning code amendme amendment. >> good after

also, all these changes followed the formula use retail controls. there was never any discussion of these code changes subjecting a use that was adding grocery sales for any additional formula use retail requirements. in considering these specs, the belief that the letter of determination is correct that states what the planning code states reiterating what the planning code allows. i know there is a question about a lack of process and wallgreens has noted there is still significant public process that would be required for the addition of any alcohol license. not would allow them the sales again. this is not a determination that allows the use. that would need to come from the state which regulates alcohol beverage. they would seek a license type 20 or 21 license that offers alcohol sales and abc would submit a referral to the planning department and at that time we would make a determination on the ma amount of sales and when we would review the application and when we would make the final determination applying the planning code and limiting the

had a few introductions this week as well, two interim zoning controls, the first one is for formula retail uses in the castro street neighborhood commercial district. the resolution [inaudible] interim zoning controls for an 18 month period ncd to require conditional use authorization for a proposed use na has been determined to be formula retail even a project sponsor subsequently removes one or more distinguished form of the retail from the project's proposal. since this item is proposing an interim zoning patrol, it was introduced by supervisor wiener. the second is a resolution imposing interim zoning controls requiring conditional use authorization for office conversion in landmark buildings in pd r-1 d and pd r-1 g districts for an 18 month period, this was introduced by supervisor kim. a new ordinance that you will be hearing was ams introduced. it's an ordinance amending the planning code to delete the prohibition against non-residential uses exceeding 25 thousand square feet in the regional commercial district to authorize a night time entertainment use in the wmuo district within

u and t the form retail is for continuance and an amendment to the planning code section 303 formula retail uses ordinance introduced by supervisor mar that proposed for continuance until july 17, 2014. i have no other matters for continuance and there are no speaker cards. are there my questions or comments on the items seeing none, public comment is closed >> commissioner moore. >> move to continue items one and 2. second >> second at about on that motion commissioner antonini. commissioner borden. commissioner moore. commissioner sugaya and commissioner president wu. so moved, commissioners, that motion passes unanimously 5 to zero and places you under our consent may be acted upon by a single roll call vote of the commission. there will be no separate discussion of these items unless a member of the commission, the public, or staff so requests removed from the consent calendar and considered as a separate item at this or a future hearing. item 3 case at 3520 through 3520th requests for condominium conversion and the next case conditional use authorization i have in speaker cards a do yo

there are no similar neighborhood uses within the n c-1 district ask the project will be the only formula retail use. the nearest similarly sized pharmacy store is located about .5 miles away west of 19th avenue. the project sponsor has addressed the department's previous concerns regarding the building's lack of [inaudible] and will significantly improve it to be more transparent, attractive with the architectural and esthetic character of the neighborhood. the sponsor has sufficiently addressed neighborhood concerns regarding park, loading and pedestrian safety by submitting a pedestrian circulation and operations assessment that concluded the proposed project would not significantly increase traffic congestion or pedestrian safety. the project anticipating receives one large corporate delivery truck per week and 7 maimer delivery trucks from vendors, these would result in the net of only one on street parking space, the loss of one sparkbacker parking space. and finally the project will create a approximately 25 jobs for san francisco residents. based upon these findings and those described i

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