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Commission continues Lakeshore Plaza yogurt café conditional use amid community concern over displaced Baskin‑Robbins

San Francisco Planning Commission · March 5, 2009
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Summary

After extensive public comment from Lakeshore Plaza business owners and employees, the Planning Commission continued a conditional‑use hearing for a proposed Nuby Yogurt to April 2 to allow the property manager to respond and for commissioners to gather more information about formula‑retail limits and tenant impacts.

The Planning Commission on March 5 voted to continue consideration of a conditional‑use request for a small self‑service frozen‑yogurt restaurant at Lakeshore Plaza until April 2 after extensive public testimony about potential displacement of the existing Baskin‑Robbins.

Staff said the plaza’s existing approval limits the number and type of restaurants in the center; the current proposal would occupy a former T‑Mobile space and, because the plaza is at its restaurant cap, the sponsor indicated one existing small fast‑food space would have to close to keep quantities within the established limits.

The project sponsor and operator discussed the concept and community outreach. In public comment the owner and co‑owners of the existing Baskin‑Robbins described 15 years of operation, local employment and community connections. "We have enjoyed being a very integral part of the Lakeshore community for the last 15 years," said Grace Kwong, co‑owner of the Baskin‑Robbins store. Employees described potential job loss and asked the commission to consider the local impacts.

Commissioners debated whether the proposed use qualifies as formula retail and whether approval would directly cause the closure of an existing tenant. Commissioner Lee said the management company appeared to be "gaming" the process by choosing which tenant would be displaced and urged the property manager to attend the continued hearing so commissioners could ask direct questions. Several commissioners said they were uncomfortable deciding the matter without the landlord or property management present and asked staff to invite them back.

The commission voted to continue the item to April 2, keeping the public hearing open. Staff noted the continuation will allow the applicant, property manager and interested neighbors to answer outstanding questions about leases, the application of the 1989 plaza conditions and possible mitigation for displaced employees.

Next steps: the commission will reopen the public hearing on April 2; staff recommended that the sponsor and property management attend.