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Board adopts city attorney’s findings for 850 Greenwich, narrows allowed commercial uses

San Francisco Board of Appeals · June 20, 2007
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Summary

After reviewing competing proposed findings and planning staff advice, the Board of Appeals adopted the deputy city attorney’s findings for 850 Greenwich and added language limiting certain food and retail uses; the board amended the closing time to 9 p.m. and approved the findings 4–1.

The San Francisco Board of Appeals on June 13 adopted the deputy city attorney’s draft findings for 850 Greenwich Street, with an added paragraph from appellant counsel and an amended closing time of 9 p.m.

Counsel for the appellant and the deputy city attorney submitted competing draft findings. Planning department staff and deputy city attorney Catherine Barnes told the board that limits under section 790.102 and related local provisions should exclude new retail coffee shops and certain food service uses within the nearby neighborhood commercial area. Appellant counsel Brooke Gladstone argued for a different reading of allowed neighborhood commercial uses and proposed alternative language and a mechanism for neighborhood complaints to be heard by the zoning administrator.

Commissioners debated whether uses such as laundromats or specialty groceries should be permitted under the chosen category of limited commercial use (LCU). After discussion the board voted 4–1 to adopt Barnes’ findings with the requested final paragraph from Gladstone’s submission and to set the closing time for limited uses at 9 p.m. Commissioner Albright dissented on the adoption vote.

The board instructed the deputy city attorney and planning staff to incorporate the amendments into the final adopted findings to appear in the record.