Board continues decision on ICI Paints conditional‑use appeal after hours of testimony

The Board of Supervisors continued for one week its decision on an appeal by ICI Paints and the property owner of the Planning Commission’s effective denial of a conditional‑use authorization to establish a formula‑retail paint store at 1575 South Van Ness Avenue.

Supervisor Ammiano asked that the hearing be held and the decision continued for one week to allow the full board to participate and to encourage further discussions among the parties. After extended testimony from proponents, opponents and city staff, a motion to continue the vote one week was made by Supervisor Ammiano and seconded by Supervisor Dufty; the board continued the items without objection.

The project would place an ICI Paints retail location into an existing single‑story, 4,700‑square‑foot storefront on a lot that includes six off‑street parking spaces. The Planning Department recommended approval under the city’s formula retail criteria (Planning Code Sec. 703.3), noting the site is in an NC‑3 neighborhood commercial district, the unit had been vacant and was previously occupied by formula retail, and the project would reopen a vacant storefront and provide union jobs.

At the Planning Commission hearing the commission was split 3–3 (one vacancy on the commission at the time), which resulted in a de facto disapproval. Opponents who testified before the Board argued the site is a strategic opportunity for higher‑intensity mixed‑use development that could better serve neighborhood needs, cited the Eastern Neighborhoods planning process and a future rezoning that could allow greater height and housing, and said the proposed use primarily serves contractors rather than neighborhood retail shoppers. Supporters — including the Teamsters and local commercial tenants — said the ICI store would preserve union jobs, reuse a long‑vacant storefront and generate less traffic than other possible uses such as convenience stores.

The owner, Ken Allen, told supervisors that most supporters live outside a 300‑foot radius but nonetheless consider themselves neighborhood members; he urged the board not to "hold the property hostage" and said he would not proceed with development discussions if the use permit were denied. The planning department confirmed standard conditional‑use conditions and noted one additional commission condition requiring street trees along Cesar Chavez and South Van Ness; the sponsor agreed to that condition.

With public comment concluded, the board unanimously agreed to continue the final vote for one week to allow further outreach and to return with any proposed agreements among the parties. No final approval or denial was recorded at the April 29 session.