Board approves conditional use for vape shop at 1963 Ocean Ave with added security, lighting and six-month review

The Board of Supervisors on Jan. 13 approved a conditional use authorization allowing a tobacco-paraphernalia retail store and a basement steamstone hookah lounge at 1963 Ocean Avenue ("Happy Vape"), but added conditions requiring security cameras, motion lighting and an expanded six-month performance review tied to verified police reports of noise, loitering or criminal activity.

The item drew extensive public comment from residents, community groups, medical experts and the project sponsor, reflecting sharp divisions over electronic cigarettes (e-cigarettes), public health, neighborhood revitalization and the appropriate regulatory path.

Why it matters: The decision balances land-use discretion with public-health concerns. Planning staff and the Planning Commission found the proposal compatible with Ocean Avenue's neighborhood commercial-transit district, while public-health advocates and many neighbors urged reversal on grounds the establishment would normalize nicotine use, expose youth and run counter to local plans to attract family-serving retail.

Hearing highlights: - Appellant case: Dr. Robert Karas and other appellants argued the Planning Commission failed to apply Planning Code Section 303 correctly, asserting the use would be detrimental to health and incompatible with the Balboa Park Station Area Plan and neighborhood priorities. Appellants cited Department of Public Health (DPH) concerns about e-cigarette aerosol, youth uptake and incomplete federal regulation. - Planning staff response: Planning staff outlined the commission's findings that the proposed use adds diversity to the district, is not part of an over-concentration of dedicated tobacco-paraphernalia establishments, and that the Planning Commission imposed additional conditions (ID reader at door, prohibition on outdoor tasting/loitering, hours limited to 10 p.m., a community liaison and a six-month performance review) to address concerns. - Sponsor testimony: Owner/operators Blake He and Fong Pho said the business would occupy a long-vacant storefront, create local jobs and provide a retail alternative for smokers seeking cessation options. The sponsor and supporters emphasized age-restriction enforcement and outreach to neighboring businesses. - Public-health and neighborhood testimony: Doctors, public-health advocates and local parents urged denial, citing studies about chemical content of e-cigarettes, youth experimentation, and the goal set by the Balboa Plan to foster family-oriented retail.

Board action and conditions: Supervisor Norman Yee (district supervisor) moved to approve the conditional use (Item 24) with amendments; the amendments requiring security cameras and motion sensing lights and expanding the six-month performance review to include verified police reports were adopted as friendly additions. The final motion to adopt Item 24 (approve CU as amended) and table related items passed by roll call: 9 ayes, 2 noes (Supervisors Cohen and Mar).

Other conditions from the Planning Commission (to be enforced as part of the approval) include: - ID reader at the door (verify patrons are 18+), exceeding state minimum requirements. - No outdoor tasting or loitering. - Hours limited to 10:00 p.m. (stricter than 2:00 a.m. default permissions on some corridors). - Community liaison and six-month performance review before the Planning Commission.

Why the board added security conditions: Supervisors who supported approval cited the need to activate long-vacant storefronts on Ocean Avenue and to defer to the district supervisor's assessment of neighborhood economic needs, while adding camera, lighting and review conditions to mitigate public-safety and loitering concerns raised by opponents and public health advocates.

Vote: Motion to approve conditional use as amended passed: 9 ayes, 2 noes (Cohen, Marr). The board tabled related motions to prepare findings and to consider alternative actions.

Next steps: The applicant must comply with the Planning Commission's and Board's conditions, obtain required permits, secure a tobacco retail permit from DPH to sell e-cigarette products, and return for the six-month performance review to allow the commission to evaluate neighborhood impacts including any verified police reports.

Ending: The vote resolved a contested land-use application with strong public-health advocacy on one side and neighborhood economic-revitalization arguments on the other; supervisors who supported the project emphasized added monitoring and enforcement conditions intended to protect neighborhood safety and youth access.