Planning Commission approves Clement Street formula retail store, extends Harrison Street office approvals

The Planning Commission approved a formula retail store at 32 Clement Street on Sept. 24, over objections from merchants and residents who said the chain would duplicate merchandise already sold by independent shops nearby.

The store, doing business as Therapy Stores, would fill a vacant storefront. Planning staff recommended approval and cited the vacancy, the existing concentration of formula retail in the area, and petitions filed both for and against the application. Public comment split the same way. Opponents said the chain would take business from independent merchants by selling similar goods. Supporters described a locally grown, family-run business and pointed to its community contributions.

Commissioners discussed the city's formula retail protections and asked about the applicant's earlier enforcement violations. They adopted the staff recommendation with conditions. The commission noted that it could not use the approval to control the mix of merchandise the store sells. The vote was 6-0.

The commission also extended the shelf life of a previously approved large project at 725-765 Harrison Street and made new findings under the city's tenant protection ordinance covering residential demolition and the removal of unauthorized dwelling units. The case came to the commission as three linked requests: a modification of the validity and expiration periods of a Large Project Authorization, a companion request covering the associated Conditional Use Authorization to demolish three unauthorized dwelling units, and a set of variances.

Staff told the commission the project's scope has not changed, but that the Planning Code was amended this year to add tenant protections and objective criteria for extensions, and that the project meets the criteria that apply to it. The sponsor said the team has worked on the proposal for years, that construction drawings are complete and site permits are ready to pull, and that the project needs pre-leasing before it can secure financing. No members of the public spoke on the item. Commissioners asked clarifying questions about how the new criteria and the threshold would apply to future extension requests, rather than about the project itself. The commission voted unanimously to extend the periods.

The variances are heard separately by the acting zoning administrator. They cover architectural projections over the property line, parking and loading entrances, street frontage and active use, and ground floor commercial space. The administrator said the same variances had been granted at earlier hearings and were required again only because the prior performance periods had lapsed. Public comment was closed on the requests and the administrator indicated the variances would be granted.

The commission approved a conditional use authorization and a companion variance for a seven-story building over a basement at 302 and 330-334 Ellis Street. The project would merge parcels, replace a surface parking lot, and provide space for social services and a philanthropic organization. The variance covers ground floor ceiling height between the first and second stories, required bicycle parking, and shower and locker requirements, which staff said were triggered by merging parcels that include two historic buildings predating the code.

Staff recommended approval. No opposition letters or public comment were submitted. Commissioners praised the design, its fit with the historic buildings next to it, and planned improvements to the sidewalk, trees and streetscape. The commission approved the conditional use authorization with conditions, and the acting zoning administrator closed the variance hearing and approved the variance. The vote was 6-0.

During general public comment, two speakers raised complaints that led to no action by the commission. One said a prior project had been noticed and described as an alteration when it should have been treated as a demolition. The other alleged unpermitted condominium units and permit irregularities at a residential building, and urged the commission to enforce the code more aggressively.

The planning director announced a public cultural history event at the main public library and reported on staff participation in a national advisory panel on downtown recovery. The director also welcomed a newly seated commissioner.

In a review of recent business before other bodies, staff reported that the Board of Appeals had nothing to report and that the Historic Preservation Commission did not meet. A Board of Supervisors committee forwarded a landmark designation amendment to the full board with a positive recommendation, and a development agreement package was amended and continued. The full board passed two ordinances on first reading and denied an appeal of an environmental impact report, upholding the certification.

On consent, and without discussion, the commission approved a conditional use authorization at 590 Van Ness Avenue to convert ground floor restaurant space to an institutional use.