Board committee backs flexible retail and a 60‑day pop‑up permit to fill vacant storefronts

The Land Use Committee voted Monday to forward an ordinance that would create a new flexible multi‑use retail category in the planning code and a 60‑day pop‑up temporary use permit to help activate vacant storefronts.

Sponsor Supervisor Tang said the new use category covers six interchangeable activities — arts activities, limited restaurants, general retail, personal services, retail professional services and trade shops — and allows a site to operate two of those uses at the same time without repeated change‑of‑use approvals. "You can at any time switch between any of those six uses without having to obtain additional change of use permits through the planning department as long as at any given time you have two of those six uses," Tang said.

The Planning Department described steps taken to ensure the flexible use cannot be used to circumvent underlying zoning and emphasized that public‑health and other departmental approvals still apply. Aaron Starr of the Planning Department said the planning commission reviewed the item and recommended unanimous approval with modifications.

Supervisor Safaie and others said the ordinance gives small businesses more options to co‑locate and share costs. The committee voted to send the ordinance to the full board with a positive recommendation.

Next steps: the full Board of Supervisors will review the substitute legislation, which contains amendments limiting flexible retail to areas where the underlying zoning permits the uses and includes a 90‑day grace period for tenant turnover in the version before the committee.