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Commission approves Third Street formula-retail restricted-use district with staff modifications
Summary
The Commission voted 5–0 to recommend approval—with staff modifications—of an ordinance establishing a formula-retail restricted-use district (RUD) on Third Street (Williams to Egbert/Paul avenues). Staff recommended including additional parcels, subjecting the RUD to citywide formula-retail controls and requiring conditional-use authorization when a business changes operations after acquisition.
The Planning Commission recommended approval on July 25, 2013 of a new formula-retail restricted-use district (RUD) along Third Street, following a presentation by Aaron Star (Planning Department) and Andrea Bruss (Supervisor Malia Cohen’s office). The proposed RUD would apply conditional-use authorization to new formula-retail proposals and significant expansions in the corridor between Williams Avenue and Egbert (with staff recommending extending to Paul Avenue in some locations).
Andrea Bruss explained the rationale: much of the southern portion of Third Street is zoned M1 or PDR and previously lacked formula-retail controls. “When we realized that there were pretty much no controls in this area of Third Street, we thought that we would do something to establish sort of a limited commercial or conditional use requirement for formula retail in this area,” she said. The staff presentation noted existing formula businesses in the corridor (Walgreens and McDonald’s) and that the RUD would give the community a role in reviewing future proposals.
Planning staff recommended three modifications: revise the RUD boundaries to include all properties fronting Third Street between Williams and Paul Avenues that are not already in C3; subject the RUD to the same citywide formula-retail requirements instead of creating a separate section; and revise the code so that a business that acquires a formula-retail operation and changes its operations would be required to obtain conditional-use authorization.
Commissioners asked staff and the supervisor’s office to confirm a small triangular parcel and nearby properties that might front on Third Street; staff agreed to review parcel boundaries with the supervisor’s office prior to finalization. Commissioner Antonini and others supported the motion; the Commission adopted staff’s recommended modifications and the motion passed unanimously, 5–0.
Outcome: Commission recommends approval with staff modifications; item to be forwarded to the Board of Supervisors consistent with staff recommendations.
