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Board of Appeals denies challenge to zoning finding for Empress building restaurant
Summary
The San Francisco Board of Appeals denied an appeal seeking to overturn a zoning administrator’s determination that the Empress building’s restaurant use has not been abandoned. Appellant counsel argued affordability for a proposed banquet hall remained unresolved; the property owner and Planning and DBI staff said permits and inspections are in order.
The San Francisco Board of Appeals on a voice vote denied an appeal to a zoning administrator’s letter of determination finding that the Empress building at 838 Grant Avenue retains a nonconforming restaurant use.
Appellant counsel Thomas Gursi, appearing for BrightLine Defense and representing appellant Malcolm Young, told the board that negotiations over a proposed banquet hall had stalled and urged the commissioners to overturn the determination because, he said, “there’s been no actual use to support it.” Gursi said the central dispute was affordability of banquet access for community nonprofits and argued that the record supported a finding of abandonment.
Representatives for the property owner pushed back. Justin Rubin, counsel for the permit holder, said the restaurant had been permitted and opened before the pandemic closed it and that “the restaurant itself had a permit before the 3 years ran.” Owner John Yee described years of work to reopen the restaurant and said the sponsor’s intent was to restore the use and bring foot traffic back to Chinatown.
Planning Department Deputy Zoning Administrator Scott Sanchez recommended upholding the zoning administrator’s letter, saying staff had reviewed the permits and historical record and found the determination appropriate. Acting Deputy Director Joseph Duffy of the Department of Building Inspection told commissioners that DBI had closed the relevant permits and that staff could work with the owner on any remaining items.
After hearing brief public comment in support of reopening a restaurant in the Empress building, Commissioner Anne Lazarus moved to deny the appeal and uphold the zoning administrator’s determination. The motion carried and the board announced that the appeal was denied.
What happens next: The determination remains in place, allowing the property owner to continue permitting and leasing efforts consistent with the Planning Department’s finding; the board did not impose additional conditions in its action tonight.
