San Francisco's Community Stabilization
Cultural Stabilization

Business Retention & Stabilization

Photo by Glen Halog, SFAC

Fostering shared and equitable prosperity for all residents, including the unemployed, underemployed and hard to employ, by preparing, training, and connecting San Franciscans to sustainable jobs with strong career pathways, and supporting diverse and vibrant neighborhoods by strengthening and investing in small businesses, nonprofits, community organizations, commercial corridors and public spaces, are the responsibilities of the Office of Economic and Workforce Development.

Background

What is Business Retention and Stabilization?

The Office of Economic and Workforce Development’s (OEWD) seven divisions advances equitable and shared prosperity for San Franciscans by growing sustainable jobs, supporting businesses of all sizes, creating great places to live and work, and helping everyone achieve economic self-sufficiency. The preservation of businesses is an important aspect of OEWD’s functions to support equitable access to economic opportunities and strengthen our local economy within the City. OEWD’s business services span over multiple programs and teams including but not limited to Invest In Neighborhoods, Business Development, Workforce, The Office of Small Business (OSB) and the Film Office. The OSB is directed by the Small Business Commission and acts as the central point of information for entrepreneurs and small businesses in San Francisco.  A small business is defined as a business with fewer than 100 employees, and the mission of OSB is to retain and promote these types of businesses in the City.

The following policies and programs led by OEWD and the OSB are categorized into types of support or loan programs:

Technical Support Programs

  • Legal and Lease Assistance Services are designed to assist business owners, institutions and community organizations with lease review, negotiation, and capacity building, with the goal to ensure that they stay and thrive in San Francisco.

  • The Small Business Development Center provides business owners and managers with information, training, and specialized one-on-one consulting and access to financing services in English, Spanish, Mandarin, and Cantonese.

  • The Small Business Assistance Center within the OSB informs small businesses on the available technical assistance and City support programs, and advises on the licensing, permitting, labor, and other regulatory requirements necessary to launch, expand and/or relocate a business.

  • OpenSF helps business owners navigate the complexity of opening in the City and includes guidance and a dedicated case manager for applying for permits and licenses needed to open a business in the City.

  • The San Francisco Business Portal is a website serving as a primary online resource to help people navigate the steps to start, manage, and grow a business.

  • Community Development Block Grant (CDBG) portfolio funds economic development through Community-Based Organizations (CBOs) focused on assisting low- to moderate-income persons and families towards micro-entrepreneurship (a business with five or fewer employees).

  • Women's Entrepreneurship assistance works with several nonprofit partners to provide a variety of business programs for women who are aspiring entrepreneurs or are business owners in San Francisco.

  • Commercial space ownership strategies are deployed as a mechanism for startups and existing businesses to ensure stabilization and long-term sustainability through the provision of technical assistance.

  • Business succession planning support educates business owners on opportunities for succession planning and provides consultants and feasibility studies in order to stabilize communities by strengthening their businesses and build community wealth by sharing ownership with employees.

Compliance Support Programs

  • SF Shines Façade and Tenant Improvement Program provides grants, design assistance and project management services to improve storefront façades and business interiors.

  • Code Compliance Improvements/Accessible Building Entrance Program services promote inclusion by providing technical and financial assistance to small businesses to improve their storefronts for public access and ensures compliance with the Americans with Disabilities Act (ADA).

Funding Assistance Programs

  • Low interest business loans provide financial assistance for entrepreneurs to start and grow their businesses in San Francisco.

  • The Disaster Relief Program provides post-disaster assessments to individual businesses to determine what resources they need to maintain or rebuild their business following a disaster and provides grants, assistance with employee needs, and access to capital.

  • Women Entrepreneurship Fund provides mini-grants to San Francisco women-owned small businesses for projects and upgrades that will have a transformative impact on the business’ ability to grow.

Targeted Business Support Programs

  • The Nonprofit Sustainability Initiative assists nonprofits in securing spaces and long-term leases. The initiative includes two programs — the Nonprofit Space Investment Fund and the Nonprofit Space Stabilization Program. The programs provide technical and financial assistance to support nonprofit sustainability.

  • Community cornerstones assists nonprofits and small businesses in newly built or acquired affordable housing with support planning, relocation and renovation expenses. This will ensure the resiliency and stability of nonprofits and small businesses in spaces adjacent to below market housing.

  • The Legacy Business Program is designed to retain and stabilize longstanding, anchor businesses and institutions by securing formal recognition as Legacy Businesses and making them and their landlords eligible to apply for Business Assistance Grants and Rent Stabilization Grants through the Legacy Business Historic Preservation Fund.

  • Production, Distribution, and Repair (PDR) sector assistance provides permitting and zoning support, workforce services, real estate assistance, and business development resources.

  • Healthy RetailSF supports business owners of local convenience stores (also known as corner stores) in diverse, low-income neighborhoods, with limited access to healthy affordable food, to help shift business models and make needed changes to provide healthier food options while ensuring that businesses remain competitive. 

  • Music venue sound mitigation assistance program supports venues with needed tenant improvements to stabilize, strengthen and grow their businesses including sound mitigation measures to prevent or resolve noise complaints from nearby residents.

  • Freelancer business bootcamp supports independent contractors and entrepreneurs in San Francisco to maximize their economic potential and strengthen their connection to the business community.

Other Programs

  • Shop & Dine in the 49 Marketing Campaign was launched in November 2015 to support local business and local jobs by encouraging consumers to buy local.

  • Construction Mitigation Program offers services and programs to help small businesses weather the impacts of long-term construction projects on their operations and revenue. 

  • SF Biz Connect works to create local business to business connections ensuring that the spending of our local businesses is directed towards other local businesses to increase the multiplier effects of local business growth.

Why is Retaining and Stabilizing Businesses Important?

Small businesses contribute to the vibrancy of communities by providing jobs and community-serving goods and services. Retail, commercial, service, and manufacturing businesses throughout the city provide local employment opportunities for residents of all ages and incomes. Small businesses also provide a variety of products for residents and visitors and contribute to the unique identity of a community. Small businesses need to stand out from the crowd in order to survive and strive to be innovative and contribute to a healthy marketplace. Small businesses owners and managers also tend to be involved in their local community – building relationships with customers and nearby residents and businesses.

The Legacy Business Program in Action

“In December 2016, Navarro’s Kenpo Karate Studio (the “Karate Studio”), a martial art school originally located in the Mission neighborhood, was approved to be a Legacy Business. To be listed on the Legacy Business Registry, a business must be 30 years or older, must have contributed to the history and/or the identity of the city and must be committed to maintaining the physical features or traditions that define the business. The Karate Studio was started by its founder in 1966 in his home garage. After 53 years of development, the Karate Studio has moved 3 times and settled in its current location in the Excelsior neighborhood in February 2017 with relocation assistance through the Office of Economic and Workforce Development. The Karate Studio was re-opened in April 2019 and was provided with marketing assistance from The San Francisco Small Business Development Center. The business is eligible to receive a Business Assistance Grant of up to $500 per full-time equivalent employee, and the property owner is eligible to receive a Rent Stabilization Grant of up to $4.50 per square foot of leased space annually since they have signed a 10-year lease with the business. In view of the stabilization effect provided by the Legacy Business Program, the Karate Studio is now enjoying a peace of mind because they know that they can teach Karate classes at their current location at least through January 2027.”

What’s happening now to retain and stabilize businesses?

In March 2019, the San Francisco Board of Supervisors unanimously passed an ordinance to strengthen the existing Department of Building Inspection’s Vacant Storefront Enforcement Program. The ordinance requires owners of vacant storefronts to register vacant storefronts and pay a $711 annual registration fee. Those who do not comply will have to pay an annual penalty of $2,844. Supervisor Peskin is considering proposing a new tax on storefronts that remain empty for more than six months, a new tax would have to be ratified through a future general election.

SFMade is a local organization that advances ideas to support and grow urban manufacturing, including policy recommendations and workforce development. PlaceMade is the City’s first and only nonprofit affordable industrial real estate developer founded by SFMade and the City in 2013.

Potentially increasing the amount of PDR space in the city, a current Recology site at 900 7th Street is currently exploring a development based on this model that would include PDR with office and housing on separate parcels. Adobe’s office at 100 Hooper Street is an example of where office was allowed in return for the development of BMR PDR maintained by SFMade. In 2016, the City published a Make to Manufacture Advanced Manufacturing Playbook to guide the new development of manufacturing and expansion of workforce.

The One-Stop Permitting Center that will be opening at a new location at 49 Van Ness brings together multiple permitting agencies in one place to make applications easier for business owners and other parties interested in building, planning, or other permits. The Planning Department is undertaking a commercial land use survey.

The City of New York proposed the Small Business Jobs Survival Act (Intro 737) that would apply to all buildings or spaces that are non-residential and would give tenants a statutory right to renew leases for an additional 10-year term. However, the bill faces legal challenges and does not clarify impacts on tenants who land lease or the difficulty of enforcement. In California this type of bill would require a change to state law.

Issues with Retaining and Stabilizing Businesses

Rising commercial rents are a challenge for commercial tenants in the city. Commercial tenants do not have the same protections as residential tenants, and commercial properties are not rent stabilized unless a property owner decides to voluntarily cap rents.

Further, impacts on rent come from pass throughs.  Even if the base rent remains constant, as taxes are increased, either through a sale of the property, future impacts of split roll legislation at the state or local ballot initiatives such as the 2018 Commercial Rent Tax for Childcare and Early Education, businesses can be subject to destabilizing costs associated with their location as a result of the pass throughs.

Small businesses encounter issues when trying to apply for a conditional use authorization (CUA) when relocating to a new neighborhood or new commercial space. The process is time-consuming and confusing and impacts the financial stability of a new business, especially if the business has signed a lease and is paying rent while waiting for a CUA to be approved before opening for business.

Nominations to the Legacy Business Program are made solely by an elected official, which has led to staggered levels of involvement with some Districts having more Legacy Businesses than others. Residents and Community groups can partner with their District Supervisor on identifying legacy businesses to nominate. The application is available in City’s four official languages (English, Spanish, Chinese, and Filipino) and can be completed in any language other than English with the OSB translating the application back to English. Additionally, very small businesses are more challenged in completing the application, particularly if English is not their native language. This has been partially offset by partnering with community groups such as the Japantown Task Force and the Ocean Avenue Association.

PDR space in the City is valuable to the economy and to small manufacturing and distribution businesses, but a substantial amount of PDR-zoned land has been converted to other uses in the past. Preserving and incentivizing PDR space in the City is important to retain these types of small businesses in operation.

There is a need to increase our support of local, small businesses as costs escalate and the rise of e-commerce continues to change the state of retail and challenge independent retailers. There is also a need to regulate e-commerce retail to the same degree as brick and mortar or reduce the amount of regulation of brick and mortar to be commiserate to the regulations for online retailers. App-based order and delivery businesses present new challenges on and opportunities for local brick and mortar businesses that must also be addressed.

The Planning Code (section 303.1) limits the growth of local businesses by requiring businesses with more than ten locations to go through a longer vetting process when applying to open more locations in certain parts of San Francisco. Originally created to limit the number of chain stores, the law also impacts San-Francisco based niche businesses, when trying to expand in the City.

For Future Consideration

The ideas for future consideration that have the potential to increase community stability in San Francisco are described below. They provide a starting point for agencies, decision-makers, and community members to explore stabilization efforts and identify critical pathways forward. Based on preliminary information, staff is qualifying these ideas according to the type of task, scale of resources and level of complexity to underscore that any of these ideas would require time and additional resources not currently identified. These are not City commitments or recommendations, rather informed ideas that will require careful vetting and analysis as to their reach, resource needs, feasibility, unintended consequences, legal implications, and racial and social equity considerations.

Existing City Programs and Policies

Registry of commercial rental space

Understanding what types of commercial spaces are vacant or rented would help policy makers propose legislation to stabilize businesses amd target support. Annual storefront use data could be collected and uploaded to the San Francisco Property Information Map (PIM) and made publicly available. Office of Economic and Workforce Development (OEWD) would use the data to target business retention and other services.

Type of Response Mitigation
Type of Task Data, Regulation
Data Regulation
Resource Generally only staff time and some program funding would be required
Complexity Complex – generally major legislation, and/or new program required, and more than three agencies involved
Timing Long Term (more than 5 years)
Geographic Scale Citywide
Partners Office of Economic and Workforce Development (OEWD), Department of Building and Inspection (DBI), Planning
Benefit This would help shape policy regarding business stabilization. For example, if newer and larger commercial spaces are vacant more often than older and smaller commercial spaces, staff could explore requiring flexible commercial floor plans in newer developments to make these spaces more affordable or more appealing to business owners.
Challenge This would require resources and funding. It would require regular upkeep to be useful.

Ideas to Explore Further

Addressing pass throughs of rising taxes

Over time, properties change hands and property tax is adjusted to the market rate. The state is considering a split roll initiative and voters are implementing taxes on landlords, such as the June 2018 Proposition C “Commercial Rent Tax for Childcare and Early Education.” Meanwhile, tenants can see their rent rise dramatically as landlords are able to pass the cost burden to the commercial tenant through the lease. A slower implementation of new taxes over time could assist commercial tenants absorb these increased lease pass through costs over time.

Type of Response Mitigation
Type of Task Regulation
Regulation
Resource More information required
Complexity More information required
Timing Long Term (more than 5 years)
Geographic Scale Citywide
Partners Office of Economic and Workforce Development (OEWD), Office of Small Business (OSB), Planning
Benefit A slower implementation of new taxes over time could assist commercial tenants absorb these increased lease pass through costs over time and help prevent displacement.
Challenge Legislative changes would be required.

Expanding opportunities for small office-based businesses in Neighborhood Commercial Districts (NCDs)

Many small Class B office (older office buildings) users, are finding it hard to stay in San Francisco and expanding opportunities for these small office-based businesses to locate in second and third stories in the city’s neighborhood commercial districts (NCDCs) could help to expand options.

Type of Response Mitigation
Type of Task Regulation
Regulation
Resource More information required
Complexity More information required
Timing Long Term (more than 5 years)
Geographic Scale Citywide
Partners Office of Economic and Workforce Development (OEWD), Office of Small Business (OSB), Planning
Benefit This will result in increased opportunities for them to remain in San Francisco while simultaneously bringing new customers (the employees) to the retailers in the corridors.
Challenge Requires interagency coordination and legislation to enact.
KEY PRIORITY

Small business relocation application prioritization

Reducing the length of time to approve the conditional use authorization for legacy businesses relocating will reduce the financial burden on the business owner.

Type of Response Mitigation
Type of Task Service
Service
Resource More information required
Complexity More information required
Timing Long Term (more than 5 years)
Geographic Scale Citywide
Partners Office of Economic and Workforce Development (OEWD), Office of Small Business (OSB), Planning
Key Priority Yes - Enhancements to Existing City Programs and Policies
Benefit This would help stabilize the business by reducing the financial burden of paying commercial rent but not being able to operate a business legally in new location.
Challenge Would require more funding and resources to be able to expedite certain permits.
KEY PRIORITY

Enhance Legacy Business program

Legacy Business Program partnership with community groups

Office of Economic and Workforce Development (OEWD) and Office of Small Business (OSB) could expand the number of very small businesses nominated and placed on the Legacy Business Registry by partnering with additional community groups who can work with applicants in their respective neighborhoods.

Type of Response Early intervention, Mitigation
Type of Task Service
Service
Resource More information required
Complexity More information required
Timing Long Term (more than 5 years)
Geographic Scale Citywide
Partners Office of Economic and Workforce Development (OEWD), Office of Small Business (OSB)
Key Priority Yes - Enhancements to Existing City Programs and Policies
Benefit This would allow more eligible business to access the Historic Preservation Fund, particularly the rent stabilization fund.
Challenge This would require more funding and community groups with trained resources in writing and storytelling.
KEY PRIORITY

Enhance Legacy Business program

Multi-language outreach materials for the Legacy Business Programs

Office of Economic and Workforce Development (OEWD) and Office of Small Business (OSB) could explore providing the applications and outreach materials in more languages than the City’s minimum four official languages (English, Chinese, Spanish, and Filipino).

Type of Response Early intervention, Mitigation
Type of Task Service
Service
Resource More information required
Complexity More information required
Timing Long Term (more than 5 years)
Geographic Scale Citywide
Partners Office of Economic and Workforce Development (OEWD), Office of Small Business (OSB)
Key Priority Yes - Enhancements to Existing City Programs and Policies
Benefit This would allow more eligible business to access the Historic Preservation Fund, particularly the rent stabilization fund.
Challenge This would require more funding and community groups with trained resources in writing and storytelling.

Process Improvements and Clarification

Streamline permit process for businesses

Review neighborhood commercial districts (NCDCs) zoning periodically with constituents and policy makers to verify appropriate level of use restrictions over time to keep pace with changes in consumer and community preferences and market trends. Identify internal streamlining goals for permit application review by city agencies.

Type of Response Mitigation
Type of Task Regulation
Regulation
Resource More information required
Complexity More information required
Timing Long Term (more than 5 years)
Geographic Scale Citywide
Partners Office of Economic and Workforce Development (OEWD), Office of Small Business (OSB), Planning Department
Benefit This would reduce time and cost of opening a new business. It would also provide more location options for businesses seeking to open or expand within San Francisco.
Challenge Community members in NCDs rely on the conditional use authorization (CUA) process to provide community review, notification and input into the planning permitting process on a case by case basis. Community members rely on use restrictions to prevent uses that they dislike but CUA or Not Permitted (NP) designations may simultaneously exclude uses that they may want as well. For example, professional service and general office is excluded in most NCD ground floor and above ground floor levels, in some cases these uses may require a CUA to locate above ground floor. Yet some small office uses that support other local businesses, especially culturally and linguistically diverse office and professional service uses (such as insurance offices, legal services, and service providers) may be desirable in the commercial area by community members. Currently there is no way to distinguish between desirable office uses and non-desirable office uses within an NCD or other commercial zones.

Planning staff guidance on applying for conditional use authorizations (CUAs)

Planning staff could provide additional guidance to businesses on applying for conditional use authorizations (CUAs) to accelerate the process.

Type of Response Early Intervention
Type of Task Service
Service
Resource More information required
Complexity More information required
Timing Long Term (more than 5 years)
Geographic Scale Citywide
Partners Office of Economic and Workforce Development (OEWD), Office of Small Business (OSB), Planning Department
Benefit This may help accelerate the process for small businesses and help attract and stabilize needed neighborhood goods and services.
Challenge This would require more funding and resources.

Local businesses exemptions from Planning Code 303.1

San Francisco Planning Code 303.1 seeks to “protect San Francisco’s vibrant small business sector and create a supportive environment for new small business innovations” by placing mandates specific controls on “formula retail” uses (commonly referred to as “chain stores”).3 By placing the same restrictions on both local businesses and national chain stores, the law might be unintentionally placing financial burden on smaller, local businesses. The City could explore amending the Code to exempt any business locally established in San Francisco or placing restrictions on local businesses for more than the twenty locations instead of ten locations.

Type of Response Mitigation
Type of Task Regulation
Regulation
Resource More information required
Complexity More information required
Timing Long Term (more than 5 years)
Geographic Scale Citywide
Partners Office of Economic and Workforce Development (OEWD), Office of Small Business (OSB), Planning Department
Benefit Smaller local businesses that have many locations can grow and more easily open new locations enhancing the stability of those businesses.
Challenge Clearly delineating between local businesses and national chain stores is a challenge would require more research and resources.

Formula retail definition for e-commerce and app-based retailers

Consider a definition for e-commerce/app-based business retailers that establishes equivalent thresholds to a brick and mortar Formula Retailer, (a standardized array of merchandise, a standardized facade, a standardized decor and color scheme, a uniform apparel, standardized signage, a trademark or a service mark." In other words, retail stores with multiple locations and a recognizable "look" or appearance.)

Type of Response Early intervention, Mitigation
Type of Task Regulation
Regulation
Resource More information required
Complexity More information required
Timing Long Term (more than 5 years)
Geographic Scale Citywide
Partners Office of Economic and Workforce Development (OEWD), Office of Small Business (OSB), Planning Department
Benefit Protects both San Francisco's vibrant small business sector and current formula retailers approved through the conditional use process and deemed beneficial to San Francisco’s character and unique aesthetic qualities. It will also create a supportive environment for small business to grow into harmonious formula retail uses that are compatible with the neighborhood.
Challenge Defining such a definition will require research, resources and regulation.
KEY PRIORITY

Preserve and produce Production, Design, and Repair (PDR) space with an in-lieu fee

Consider an in-lieu fee option when displacing existing PDR space. Explore opportunities to expand affordable PDR space and existing PDR replacement requirements. Additional funding collected through in-lieu fees can help create more opportunities to preserve or create PDR space. The Affordable Housing Trust Fund could serve as a model for this program.

Type of Response Mitigation
Type of Task Regulation
Regulation
Resource More information required
Complexity More information required
Timing More information requiredars)
Geographic Scale Citywide
Partners Office of Economic and Workforce Development (OEWD), Planning Department, community partners
Key Priority Yes - Enhancements to Existing City Programs and Policies
Benefit This would continue to ensure that any existing PDR space that is removed is replaced while increasing flexibility in the replacement mechanism through an in-lieu fee option.
Challenge City agencies would need to work with developers or organizations funding or building new buildings to find space for new PDR. Would require more monitoring of existing PDR space, tracking future PDR sites, and implementation.
KEY PRIORITY

Add incentives for developers to build PDR space in commercial developments

Planning could explore adding incentives such as a commercial density bonus to developers who choose to include subsidized or affordable PDR space in their developments.

Type of Response Mitigation
Type of Task Regulation
Regulation
Resource More information required
Complexity More information required
Timing Long Term (more than 5 years)
Geographic Scale Citywide
Partners Office of Economic and Workforce Development (OEWD), Planning Department, private developers
Key Priority Yes - Enhancements to Existing City Programs and Policies
Benefit Instead of adding regulation or a “stick” this would provide a “carrot” to help create more new PDR spaces to replace lost PDR, and provide subsidized affordable spaces for PDR businesses to operate in.
Challenge Additional study would be required to research the mechanics of the density bonus and the geographies where this would apply.

Resources

OEWD
Invest in Neighborhoods
Visit Site »
Office of Small Business
Legacy Business Program
Visit Site »
OEWD
Production, Design, and Repair
Visit Site »

FOOTNOTES:

1. Costar Data

2. As of June 2019, based on OEWD’s bi-annual storefront vacancy survey. 24 Invest in Neighborhood Corridors are listed here: http://investsf.org/neighborhoods/

3. San Francisco Planning Code 303.1