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Commission backs Divisadero and Fillmore neighborhood commercial districts with modified formula‑retail controls
Summary
After extensive debate about formula‑retail bans versus conditional‑use controls, the commission recommended approval of Divisadero and Fillmore NCD ordinances with staff modifications to require pre‑application outreach and a high bar for formula retail (Divisadero 5–1; Fillmore 5–1).
The Planning Commission voted this session to recommend approval, with staff modifications, of proposed Neighborhood Commercial District (NCD) ordinances for the Divisadero and Fillmore corridors. The measures aim to protect neighborhood character while providing planning tools for growth and street‑level activation.
Supervisor Breed’s office asked the commission to replace an outright ban on chain or “formula” retail with a conditional‑use framework that sets a high hurdle for approval, including mandatory pre‑application community meetings and guidance that planning staff and the Commission should have a predilection toward disapproval unless an overriding public need or community support is demonstrated.
Connor Johnson, legislative aide to the supervisor, read the office’s letter into the record, saying the conditional‑use approach would be “strongly biased against formula retail uses, but nonetheless allow formula retail under certain circumstances” where there is demonstrable community support.
Planning staff supported most ordinance changes but cautioned against creating a citywide patchwork of formula‑retail rules. Staff recommended preserving a consistent, citywide approach where feasible and suggested that any weighting of criteria be applied thoughtfully so it does not improperly constrain the Commission’s discretion.
Commission debate focused on implementation details: a 300‑foot notification radius and a 20% concentration test modeled on Upper Market policy, the scope of community influence, and whether exemptions should exist for neighborhood‑serving uses such as supermarkets. Safeway representatives said a large grocery’s frontage would routinely exceed a 20% threshold and asked for clarity on how major grocers would be treated under the new rules.
After discussion and several suggested refinements, the Commission voted to recommend the Divisadero ordinance with staff modifications (5–1) and then took a similar vote on the Fillmore ordinance (5–1). Commissioners and staff said they would continue to study citywide options for formula‑retail policy and to refine objective criteria to guide conditional‑use review.
The recommendations will go to the Board of Supervisors for further action.
