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Planning commission approves HappyVape at 1963 Ocean Ave. with restrictions after heated public debate

San Francisco Planning Commission · November 6, 2014
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Summary

After a lengthy public hearing that drew more than 100 opposition signatures and multiple supporters, the Planning Commission approved a conditional use for HappyVape (1963 Ocean Ave.) 5–2, imposing limits including no outdoor tastings, posted age signage/ID checks, a neighborhood liaison, reduced hours (close by 10 p.m.) and a six-month look-back review.

The Planning Commission approved a conditional use authorization for HappyVape, a proposed e‑cigarette retail store with a steam‑stone hookah lounge in the basement at 1963 Ocean Avenue, with several conditions intended to address neighborhood concerns.

Planning staff (Marcel Boudreaux) described the proposal as a locally owned retail business in the Ocean Avenue commercial corridor; the sponsor removed an outdoor sampling area after outreach and acknowledged neighborhood opposition. Applicant Blake He told the commission he had quit cigarettes using electronic cigarettes and described the shop as a harm‑reduction retail destination and a way to bring foot traffic to an area with many vacancies. He said the retail and hookah uses would be separate (retail on ground floor; steam‑stone hookah lounge in basement), and that the steam stones do not contain tobacco or nicotine.

Public comment was extensive and sharply divided. Neighbors and neighborhood associations (Westwood Park Association, Ingleside Terraces) submitted petitions and letters opposing the store as inconsistent with the Balboa Station Area Plan, citing youth access, public-health concerns and potential nuisances. Several nearby residents specifically raised health and secondhand‑exposure concerns and cited the Board of Supervisors’ March 2014 action regulating e‑cigarettes consistent with tobacco laws. Supporters — neighborhood residents and business/property owners — argued Ocean Avenue needs active retail to reduce vacancies and improve safety; multiple people described personal experiences using e‑cigarettes to reduce or quit tobacco.

In deliberations commissioners weighed compatibility with the corridor, public-health concerns, and the applicant’s compromises. To address neighborhood concerns the Commission approved the use with conditions (motion passed 5–2, Commissioners Antonini and Richards opposed): (1) No outdoor tastings or loitering outside the storefront; (2) posted signage and an ID‑reader/check at entry to restrict access to 18+; (3) closing time limited to 10 p.m. (the original request asked for midnight); (4) a designated neighborhood liaison with posted 24/7 contact info; and (5) a six‑month look‑back report to the Commission. The approval notes the Department of Public Health regulates e‑cigarettes under Article 19 of the Health Code and the zoning administrator classified the proposed uses as a tobacco‑paraphernalia establishment requiring a CU. Commissioners emphasized enforcement of existing health and property‑use laws and encouraged continued outreach.

Next steps: Department staff will issue findings reflecting the conditions and monitor the required 6‑month update.