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Planning Commission approves allowing five full‑service restaurants on Union Street with liquor controls

San Francisco Planning Commission · September 25, 2008
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Summary

The San Francisco Planning Commission unanimously approved a code amendment allowing up to five new full‑service restaurants in the Union Street Neighborhood Commercial District, capping total full‑service restaurants at 32 and adding liquor‑license controls limiting bar area to 20% and closing bars at midnight.

The San Francisco Planning Commission on Sept. 25 approved an amendment to the Union Street Neighborhood Commercial District that will allow up to five new full‑service restaurants in the corridor and cap the total permitted full‑service restaurants in the district at 32.

Tara Sullivan Lanane of the Planning Department told the commission the proposal adds three liquor‑control measures for those new restaurants: the bar area may occupy no more than 20% of seating capacity, establishments must operate as bona fide eating places, and the bar area should close at midnight. Sullivan Lanane clarified that a separate ‘‘bona fide eating’’ test—if linked to other controls—would require restaurants to derive at least 51% of sales from food.

Catherine Stephanie, legislative aide to Supervisor Elliot O'Pier, said the substitute legislation seeks to restore small numbers of lost restaurants to maintain neighborhood daytime activity while avoiding a rise in late‑night bars. "Our goal is to allow flexibility from the controls that were put in place in 1987," she said, adding the office met with merchants and neighbors while drafting the controls.

Public comment was split but largely focused on two themes: merchants and residents arguing that Union Street has lost daytime dining and needs more restaurants to sustain retail activity, and neighborhood representatives urging strong enforcement so restaurants do not operate primarily as drinking establishments. Robert Bardell, president of the Golden Gate Valley Neighborhood Association, challenged the department's restaurant count and warned that enforcement without audits of gross receipts could leave the controls ineffective. Eleanor Carpenter, president of the Union Street Association, said the street has lost many eating options and urged measures to preserve daytime restaurants.

Commission discussion centered on enforcement and the use of conditional‑use hearings. Commissioner Bill Lee, who moved the legislation, and others said conditional use and tailored approval conditions would allow the commission to deny proposals that appeared to be bars in disguise. The motion to adopt the amendment passed unanimously.

The Planning Department said it mailed notice to property owners in the NCD and to owners within 300 feet, and that consultant guidance for CEQA documents was recently posted on the department website.

Next steps: The amendment will proceed as adopted; the commission and staff indicated they intend to link definitions and enforcement tools with related code changes expected to come before the Board and to use conditional‑use reviews to address problematic proposals.