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Neighbors, city staff clash over whether banks fall under San Francisco's formula‑retail rules; Chase permit partly upheld, one item continued

San Francisco Board of Appeals · March 16, 2011
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

A divisive dispute over a proposed Chase Bank on Divisadero centered on whether financial institutions are covered by the city's formula-retail law and whether the combined storefront exceeds the 3,999 sq ft conditional-use threshold. The board approved one minor permit and continued a contested amendment pending a vote by the absent commissioner.

Neighbors and business owners clashed at the Board of Appeals March 16 over permits for a proposed Chase branch that would combine three storefronts on Divisadero. At issue were three legal points raised by appellants: whether financial institutions fall under the formula-retail definition, whether the project’s gross area exceeded a 3,999-square-foot threshold that would trigger conditional-use review, and whether a walk-up ATM required special neighborhood notice.

Dean Preston, who filed the appeal, argued the plain text of the Planning Code treats financial services as a subcategory of “sales and services retail” and therefore within the reach of the city's formula-retail controls. “The formula retail law specifically refers to a very broad category,…

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