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Planning commission approves limited wine‑tasting area inside D & H Sustainable Jewelers

San Francisco Planning Commission · March 17, 2011
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Summary

The Planning Commission approved a conditional‑use authorization allowing a 36‑square‑foot wine‑tasting area inside D & H Sustainable Jewelers at 2323 Market Street, with conditions limiting hours, size and the number of special events to prevent conversion to a full bar.

The San Francisco Planning Commission on a unanimous vote approved a conditional‑use authorization that lets D & H Sustainable Jewelers add a 36‑square‑foot wine‑tasting area inside its existing retail gallery at 2323 Market Street.

Planning staff recommended a set of conditions to keep the use subordinate to retail: the tasting area will be limited to one‑third of the tenant space; patrons may not consume alcohol outside the enclosed building; the business’s ABC license will be limited to a Type 42 (wine and beer only); and the commission imposed a closure hour intended to limit any future owner from operating a full bar. The department asked for a 10 p.m. closure limit, while the project sponsor agreed to conditions that include an earlier serving cutoff tied to enforcement by police.

“Our business plan is very clear on the point that we are a luxury retailer with over 21 years experience in the jewelry industry,” project sponsor Sean Higgins told the commission, describing the tasting area as an adjunct for private client consultations and special events. Higgins said the sponsor plans no more than about 10 special events per year and that alcohol service would be limited and tied to retail operations.

Neighbors raised concerns about noise, cigarette smoke, and consistency between the draft land‑use conditions and the ABC license. Glenn Milos Santos, who identified himself as a nearby resident and Department of Public Health employee, urged the commission to align condition language with the ABC license and to remove a clause that might allow private events to continue past the stated closure time, citing recent CAD incident numbers and existing neighborhood noise complaints.

Commissioners discussed whether the conditions would prevent the space from functioning as a full bar and emphasized that conditional uses run with the property rather than the current tenant. After debate, the commission voted to approve staff’s recommendation with the conditions included in the revised exhibit and motion. The commission recorded the motion as approved unanimously.