
No, I'm not singing Aretha Franklin, though I would rather be. I'm thinking about the "formula retail" ordinance that was passed into law in the November 2006 general election. Called the "Small Business Protection Act", in a nutshell it put additional requirements on "chain stores" before they can open in Neighborhood Commercial zoned districts.
So what is the criteria to be deemed "formula retail"? Basically if a business has more than ten stores
in the entire United States before they can open another store in San Francisco they will have to apply for a Conditional Use Permit which requires them to notify everyone within a 300 foot radius of the site and go through the public hearing process at the Planning Commission.
Sounds pretty simple, right? What's the big deal? Well, the big deal is that that this more stringent regulation adds considerable
uncertainty and
risk for the formula retail tenant and the landlord who are negotiating a lease.
If the parties are very lucky, the conditional use permit process will take 60 days to get approval. If the parties are not so lucky multiply that time line by two or three. And if the parties are unlucky, after months and months of trying to get the permit, it would be denied, the lease agreement won't get concluded, the property remain vacant and go back on the market - very possibly only to go through the same process with it's inherent uncertainty and risk once again.
As a native San Franciscan - and small business person myself - I am all for supporting and protecting the small businesses that give our city the great character and unique reputation it has - but I was dead against this particular piece of legislation.
Why? Because economies work in cycles and love or hate "big business" it has a significant role to play in the economic well being of every community. The other day I got a call from a reporter at the SF Examiner who wanted to know my opinion about what would go on at the City Center (that's the shopping complex at the corner of Geary & Masonic) that used to be home to Mervyn's before it went bankrupt.
Zoning in this district is Neighborhood Commercial, so whoever wants to take over the Mervyn's space is going to have to go through the Conditional Use Permit process. Doubtful any small business will want to lease a space the size of a Mervyn's.
The reporter asked me if I thought the formula retail regulations would present problems for filling up this space to which I replied
"it would be sheer lunacy if that happened... you can quote me on that!"; however
, that little voice in the back of my head said "
...this is San Francisco"
Enough venting..... it's time for some "Queen of Soul" time!