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Committee advances six-month extension of Castro interim controls despite AHF opposition
Summary
Supervisors advanced a six-month extension of interim zoning controls in the Castro to require conditional-use authorization for formula retail; the AIDS Healthcare Foundation argued the rule targets its planned pharmacy at 518 Castro Street, while the author said the measure closes a 'gaming' loophole.
The Land Use and Transportation Committee voted unanimously to forward a resolution extending interim zoning controls in the Castro Street Neighborhood Commercial District for six months to require conditional-use authorization for proposed formula retail uses.
Supervisor Scott Weiner, the author of the interim controls, said the rules were adopted about 18 months earlier to close a loophole that allowed businesses to make superficial changes to applications to avoid being classified as formula retail and bypass conditional-use review. "The interim controls were designed to address that loophole by preventing that from happening because our formula retail rules are very important," Weiner said, adding that the controls were due to expire next month.
Representatives of the AIDS Healthcare Foundation (AHF) urged the committee not to extend the controls. Ryan Patterson, an attorney for AHF, said the extension "appears simple. In reality, it is not" and argued the measure was targeted at AHF's plan to open an HIV/AIDS pharmacy at 518 Castro Street. "These are actually targeted at AHF to prevent the opening of an HIV AIDS pharmacy in the Castro," Patterson said, adding that AHF's permit had already been obtained and that the extension could impose additional costs and burdens on facility owners.
Dale Bluth, AHF's Bay Area Regional Director, told supervisors the organization serves roughly 1,500 patients between its pharmacy and healthcare center and that co-locating services benefits patient care. He urged the committee to reject the extension.
Supervisor Weiner responded that AHF had filed a conditional-use application that the Planning Commission would consider in January and reiterated that San Francisco requires conditional-use review even for nonprofits. "In San Francisco, we require people to go through conditional use, even if the applicant would prefer not to," Weiner said, framing the extension as a measure to prevent applicants from "gaming the system."
After public comment, Supervisor Weiner moved to forward the extension to the full Board with a positive recommendation; Supervisor Jane Kim seconded and the motion passed unanimously. The committee's action sends the extension to the Board of Supervisors; the Planning Commission is expected to hear the AHF conditional-use application next month.
