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Board adopts findings on Fillmore formula‑retail matter, directs Planning Department enforcement
Summary
The Board adopted findings (3–1) in a case about formula retail interpretation for properties at 2118–2128 Fillmore Street, signaling that the Planning Department should consider leases when assessing formula‑retail limits and prepare enforcement guidance.
The board voted 3–1 to adopt findings in an appeal concerning a permit and the interpretation of "formula retail" for 2118–2128 Fillmore Street. Executive Director Cynthia Goldstein and Planning Department representative Scott Sanchez explained that the board had earlier decided to overturn the permit and deferred adoption of written findings; the property owner indicated she would not pursue the original permit and intended to operate a different retail business.
The adopted findings instruct the Planning Department to consider leases and related documents when determining whether a use qualifies as formula retail, and to revise departmental processes accordingly. Planning staff said the department is also considering broader revisions to the formula‑retail control that would clarify application across zoning and districts and that enforcement of any changed interpretation would be handled by planning staff going forward.
The adoption triggers a 10‑day rehearing request period under board rules. Commissioner comments noted the findings' potential to guide future enforcement and possible legislative action at the Board of Supervisors level.
