Doggy Style Gets Spanked By Planning Department For Bad Behavior

As soon as it was announced Doggy Style was ridiculed on social media ("It looks like a computer AI churned out the most San Francisco garbage it could come up with, and someone decided that was a a good business plan."). It was deemed so ridiculous that The Guardian and The Daily Mail got in on the fun. SF Gate was more kind with their profile.

Turns out, though, that owner (and the Noe Valley Merchants and Professional Association President) Rachel Swann and her partner neglected to get a conditional use permit for outdoor space they've already excavated and taken from the tenants of the building. The City is not happy:

Our records indicate that the subject property is currently authorized for One-Family Dwelling above a ground floor Retail Use. It has been reported that the above property is will be the site of a new business (DBA Doggy Style, Inc) with an anticipated opening date in February 2019. It is understood that the new business will be utilizing the rear yard as an Outdoor Activity Area without such authorization. Pursuant to Planning Code Section 728, a Conditional Use Authorization is required for the use of an Outdoor Activity Area in the Noe Valley Neighborhood Commercial Zoning District where the subject property is located.  

Furthermore, pursuant to Planning Code Section 728, one hundred (100) square feet of open space is required per unit if private open space, or one hundred thirty-three (133) square feet per unit if the area is common open space. It has been reported that access and use of the required residential open space 1 Planning Code Section 201 defines Outdoor Activity Area as a, “Commercial Use characteristic defined as an area associated with a legally established use, not including primary circulation space or any public street, located outside of a building or in a courtyard, which is provided for the use or convenience of patrons of a commercial establishment including, but not limited to, sitting, eating, drinking, dancing, and food-service activities.” is being encroached upon by the unpermitted Outdoor Activity Area for use by Doggy Style, Inc. A Variance approval is required to legalize the reduction of required residential open space. 

So what of it?

The Planning Department requires that you immediately proceed to abate the violation by ceasing the proposed operation of Doggy Style, Inc. until such time that additional information has been provided to the Planning Department and all appropriate permits and entitlements have been obtained. 

The full Notice of Enforcement is here [PDF].

This isn't the first time that Rachel Swann has operated in Noe Valley without appropriate permits. Just last month she received Conditional Use authorization for her business The Agency at 3848 24th St that she opened in 2017.

Is this the sort of person we want in charge of the NVMPA?

First Republic Bank Bails On 24th St

In mid-July we heard from Leslie Crawford that she was appealing the Planning Commission's Conditional Use permit for First Republic Bank approved on June 14th. The Board of Supervisors was scheduled to hear the appeal this past Tuesday, but things turned out differently (emphasis ours):

[Public Hearing - Conditional Use Appeal - 3901-24th Street]
Hearing of persons interested in or objecting to the decision of the Planning Commission's by its Motion No. 18648 dated June 14, 2012, approving a Conditional Use Authorization identified as Planning Case No. 2011.1372C, under Planning Code Sections 728.49 and 790.110 to convert a vacant ground floor commercial space into a financial service (d.b.a. First Republic Bank) within the 24th Street - Noe Valley Neighborhood Commercial District and a 40-X Height and Bulk District and adopting findings under the California Environmental Quality Act on property located at 3901-24th Street, Assessor’s Block No. 6508, Lot No. 001. (District 8) (Appellant: Leslie Crawford and subscribed by Supervisors Wiener, Olague, Avalos, Mar, and Chiu) (Filed July 12, 2012) (Clerk of the Board)
The President indicated receipt of a letter from the Project Sponsor, dated July 30, 2012, withdrawing their application for conditional use. The President inquired as to whether any member of the public wished to address the Board. There were no speakers. The President declared the public hearing closed.
HEARD AND FILED

So we asked Leslie for clarification and this is what we heard back (again, emphasis ours):

Yes, First Republic withdrew their application for conditional use. They decided (from my understanding) that there was a good chance they wouldn't win the appeal and if they lost, they couldn't look for a Noe Valley space for a year. So they are (again my understanding) looking for something off the 24th Street corridor.

[NVSF: This Week At The Planning Commission: First Republic Bank Redux ]
[SFBOS: July 31, 2012 Minutes]

This Week at the Planning Commission

A weekly look at Noe Valley projects in front of the Planning Commission. Information is provided by the Planning Commission, and taken from its published agenda. All hearings begin at 1:30pm, Room 400 in City Hall.


October 23, 2008

4128 24th STREET (aka the BJ Droubi House) - the north side of 24th Street, between Diamond and Castro Streets, Block 2831, Lot 009 - Request for Conditional Use Authorization, pursuant to Planning Code Section 728 to convert the existing, ground floor office space to a full-service restaurant, totaling approximately 350 square feet (dba “Noe Soup:). The full service restaurant would employ two persons and operate from 11:00 a.m. to 7:00 p.m. six days a week. The property is within the 24th Street -- Noe Valley Neighborhood Commercial and a 40-X height and bulk District.

Preliminary Recommendation: Approval with Conditions.

Note: This is likely the last of three additional restaurant permits granted to Noe Valley in 2005. The other two are Contigo and the "high end Vietnamese fusion."

Next up: the Noe Bagel building:

3931-3933 - 24TH STREET – south side between Sanchez and Noe Streets; Lot 035 in Assessor’s Block 6508 - Request for Conditional Use Authorization, pursuant to Planning Code Section 303, 161(j), 728.52, and 790.116, to allow the construction of one new dwelling-unit with no off-street parking, and to allow a personal service on the second floor in the 24th Street – Noe Valley Neighborhood Commercial District and 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

This last one is not Noe Valley specific, but follows up on a previous post:

Requirement of Conditional Use authorization for any permit application to remove dwelling units. Board File No. 081088. This Ordinance introduced by Supervisor McGoldrick would amend Ordinance amending the Planning Code by amending Section 317 to require Conditional Use authorization for any elimination of existing dwelling units through mergers, conversions, or demolitions of residential units; making environmental findings; and findings of consistency with the City's General Plan and Planning Code Section 101.1.

Preliminary Recommendation: Disapproval.

[NVSF: New Digs for Noe Bagel?]
[NVSF: Dwelling Unit Mergers]
[NVSF: Update: "High End Vietnamese Fusion"]
[Contigo: In Praise of Sardines]
[Planning Commission: December 8, 2005]

Update: Planning Commission October 23, 2008

Last week the Planning Commission ruled on two projects on 24th St:

4128 24th STREET - Request for Conditional Use Authorization...to convert the existing, ground floor office space to a full-service restaurant, totaling approximately 350 square feet (dba “Noe Soup"). [Translation: the old BJ Droubi house is getting a restaurant]

3931-3933 - 24TH STREET – Request for Conditional Use Authorization...to allow the construction of one new dwelling-unit with no off-street parking. [Translation: Noe Bagel will have to close while the building is expanded]

Both projects were approved as part of the Consent Calendar. These two and three other projects were approved with a single vote and without public comment. That is not to say the Commission didn't ask for comment - no one showed up to give any. Color us surprised.

As we wrote last week, the conversion 4128 24th St to a restaurant is likely the last available conditional use permit for a new restaurant in Noe Valley.

The motion (brought by Supervisor McGoldrick) to ammend legislation to "require conditional use authorization for any permit...to remove dwelling units" was disapproved 6-1. This would have made mandatory a discretionary review (DR) for all residential demolition permit applications, including 1 and 2 unit buildings (and including dwelling unit mergers). Existing code allows for planning staff initiated DR hearings. Expect this to come up again (after the election).

Bonus: learned a new phrase - "Richmond Special." Seems to be a catch-all for illegal (non-conforming) dwelling units added to a single family home.

[NVSF: This Week at the Planning Commission]
[NVSF: Dwelling Unit Mergers]

This Week At The Planning Commission: Tom & Rai Will Move Into Rebuilt Bliss Bar

A look at Noe Valley projects in front of the Planning Commission this week. Information is provided by the Planning Commission, and taken from its published agenda. All hearings are on Thursday at 1:30pm, Room 400 in City Hall.

March 26, 2015

4022 – 4026 24th STREET - north side of the street between Castro and Noe Streets; Lot 010 in Assessor’s Block 3656 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 728.21, 728.41, and 303 to construct an addition at the rear of the building that would add two dwellings and expand the existing ground floor commercial space beyond the 2,499 gross square-foot use size limitation for the District and establish a restaurant with a type 47 ABC license (d.b.a. Tom Rai) that would retain the existing place of entertainment use but amend the conditions of approval contained in Motion 8778 that pertain to the use to expand the hours and permit amplified entertainment. The project includes remodeling the storefront and adding a roof deck with two stair penthouses for access. The project also requires a parking reduction pursuant to Section 161 of the Code and a rear yard variance pursuant to Section 134 of the Code for the ground floor portion that extends into the required rear yard. The project site is located within the 24th Street/ Noe Valley Neighborhood Commercial District and 40-X Height and Bulk Districts. This action constitutes the Approval Action for the project for purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation: Approve with Conditions

In addition:

Request for a Variance pursuant to Section 134 of the Planning Code to construct a three-story addition at the rear of a mixed-use building. The proposed addition would extend the depth of the building to the rear property line at the ground floor and add two dwelling units to the property. The project also requires a parking reduction pursuant to Section 161 of the Code. The project site is located within the 24th Street/ Noe Valley Neighborhood Commercial District and 40-X Height and Bulk Districts.

To summarize: The developer wants to increase dwelling units from two to four, not add parking, build to the rear property line and add a roof deck at the 2nd floor (at the property line) and increase the size of the ground level restaurant. The restaurant will operate until 2am and feature live (amplified) music.

Neighbors aren't please and have demanded an acoustician (among other things) to reduce noise. The developer is working with an acoustician and that, combined with more technical elements, seems to have satisfied planning staff. Expect approval because:

• The project would not lead to an over concentration of eating and drinking establishments within the district.
• The project promotes a locally-owned business and contributes to the viability of the overall 24th Street – Noe Valley NCD.
• The project would not displace an existing retail tenant providing convenience goods and services to the neighborhood, and would decrease the number of bars in the district.
• The project would create two additional housing units within an established neighborhood that is readily accessible by transit. The new dwellings are smaller, thereby more affordable, yet maintain multiple bedrooms in each unit.
• The project would implement the recommendations of the sound engineering consultant to ensure that no sound from the commercial use is audible from outside the restaurant.
• The project meets all applicable requirements of the Planning Code. The project is desirable for, and compatible with the surrounding neighborhood.
• The business is not a Formula Retail use and would serve the immediate neighborhood.

No letters of opposition (or support) are included in the packet, which combined with the above means the Planning Commission is likely to take staff's recommendation and approve the project.

For those new to the neighborhood, a fire destroyed Bliss Bar and rendered the apartments inhabitable in 2013.

As for the new restaurant called Tom & Rai? We can't find any info beyond the name. How 'bout you?

Update (3/29): Public comment against the project from Elizabeth St homeowners, and in favor from 24th St residents and businesses. However those in favor (by petition) would like restricted construction hours (9-5, M-F), reduced operating hours, restricted live music and other concerns. A major issue also seemed to be a lack of landscaping on the roof over the restaurant and privacy issues regarding the hot tub spa next door - both of which the project sponsor agreed to mitigate.

Given the number of variances, change of use, hours and dwelling units without parking a motion was suggested to approve the project, but to slow the rollout of changes. But in the end the motion was continued to a date after project sponsors can meet with neighbors to discuss changes suggested by the Planning Commission. Public comments remain open, and the hearing will reconvene on April 23, 2015.

Update (4/3): The April issue of the Noe Valley Voice reports that Tom & Rai is named after the wife-and-husband team of Rai and Tom Hutinghichinda (which oddly turned up nothing on Google except the NVV story). They hope to open a full-service restaurant/bar serving "an Asian, noodle-based menu, with the noodles made on the premises in the front window for all to see." Planning still has to approve, and then maybe they can apply for permits with ABC - no info yet. Stay tuned.

Update (4/24): The hearing reconvened on 4/23 with few new details. Project sponsor met with neighbors on 4/4 and no compromise was reached. They met with neighbors again on 4/14, this time at the Planning offices, and they were able to agree on restricted construction times, no opposition to lack of parking and other minor issues. Neighbors remained opposed to amplified music, late hours and especially the requested rear yard variance.

One neighbor, representing countless others, reiterated opposition at yesterday's hearing and said she had gathered signatures of 100 more people who are against the project as opposed. She also stated that she believes the Noe Valley Merchants Association was lied to and that's why it supports the project. 18 more people spoke against, most decrying loss of the rear yard and its mature fruit trees. The overwhelming sentiment from those against is that Noe Valley NCD and Motion 8778 exist to keep Noe Valley "family friendly and community oriented." This project requires too many variances to avoid 8778.

Commissioners agreed. Specifically, the issue of the rear yard variance was a sticking point. As proposed the Zoning Administrator said he would deny the variance. But... there's wiggle room. If the Project Sponsor can redesign the amount of open space to match or exceed what is lost by excavating the rear yard than there's no need for a variance - they can apply for a "yard modification" (that would still need a hearing).

Commissioners and the ZA were unimpressed with the lack of new ideas brought to this second hearing, and expressed reluctance to approve with modifications. A motion was put forward to continue the hearing to June 11. This was also met with skepticism because the project is potentially changing so much it will require a new application. Or as Commissioner Johnson said, there are "too many moving pieces" to vote today.

In the end, Commissioners agreed to continue as long as specific goals are met: rethink the rear yard, and strongly consider downsizing the project to conform with the NCD and Motion 8778. Next hearing is June 11, 2015.

Call it a victory for Elizabeth St neighbors, and perhaps for the fruit trees.

Video of the hearing is here.

Update (6/27): Project approved 6-0 with modifications.

[Planning: 4022–4026 24th St]

This Week At The Planning Commission: Preschool Vs. Traffic On Cesar Chavez

A look at Noe Valley projects in front of the Planning Commission this week. Information is provided by the Planning Commission, and taken from its published agenda. All hearings are on Thursday at 1:30pm, Room 400 in City Hall.

July 18, 2013

3771 and 3781 CESAR CHAVEZ STREET - south side between Guerrero and Dolores Streets, Lots 030 and 045 in Assessor's Block 6577 - Request for Conditional Use Authorization pursuant to Planning Code Sections 209.3(f), 209.3(j), 317, and 303 to increase enrollment at an existing preschool (d.b.a. Gan Noe Preschool) operating at 3771 and 3781 Cesar Chavez Street and establish a religious facility. Enrollment at the preschool would increase from 22 children to 42 children and the project would result in the removal of the dwelling unit at 3781 Cesar Chavez Street. The proposal does not include any significant alteration or modification to the exteriors of the existing buildings with the exception of minor changes to signage and fencing. The subject properties are located in a RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

In addition:

Request for Variance from Planning Code Section: 151, for parking, for a project proposing to increase enrollment at an existing preschool and establish a religious facility. Two off-street parking spaces are required for the proposed use but none would be provided. The subject property is located within a RH-2 (Residential, House, Two-Family) District and 40-X Height and Bulk District.

In sum, the Project Sponsor asks to expand the preschool, remove a dwelling unit and add a religious facility (d.b.a. Chabad of Noe Valley) that will have services and events throughout the week.

Planning states receipt of 20 letters from neighbors against the project, and receipt of a petition of 40 names in support (but doesn't indicate if those in support are from parents who want their kids in the preschool).

Planning recognizes there are some major issues, including:

The Project Sites are located on a heavily trafficked arterial street that is the main thouroughfare for access to Highway 101 from Noe Valley. It is unknown how the increase in children would affect traffic on the street but the sponsor has agreed to implement a traffic management plans whereby teachers would help facilitate student dropoff within the driveways and within a new loading zone located between the driveways and implement a staggered pick-up and drop-off.

But Planning staff recommend approval because:

Preschool/child care services are difficult to find in the City and those that operate often have long waiting lists. The ability of the City to provide these services will help its ability to attract and retain families in the City. Housing is also a scarce resource in the City. On balance, the need to help preschool/childcare services flourish in the City out weigh the benefit of retaining the existing dwelling unit

The only letters in support of the project included in the Planning Document are from the Project Sponsor.
Opposition has been led by neighbor Richard Rochman of Citizens Concerned about Cesar Chavez St. We've posted the PDF of their opposition here. It's well worth a read as this project will affect anyone who uses Cesar Chavez.

Planning contact is Michael Smith, (415) 558-6322.

Update (7/18): Lots of thoughtful testimony. Commissioners sensitive to both daycare/preschool issues and also use of the site as a religious facility, but want followup to assure that neighbors' concerns are addressed over the long term. Commission approved with conditions about operating hours, strict limits on number of students and noise mitigation, and addition of traffic monitoring on a 6-0 vote.

[SF Planning: 3771 and 3781 Cesar Chavez St Conditional Use (PDF)]
[Citizens Concerned about Cesar Chavez St: Opposition to Gan Noe's application] 
[Photo: Richard Rochman]

The Big Reveal: Real Foods Building Presentation

Last night there was a pre-application community meeting for the project to (finally) replace the Real Foods building on 24th Street. Turnout was solid – all the chairs were filled, mostly with longtime Noe Valley residents who touted their tenure in the neighborhood as a badge of honor when giving comments. Few look like they take a shuttle bus to work. One person described herself as an “oldster” - a term that generally described the room.

Scott Wiener was the MC of the meeting, first giving the floor to Peter Gabel. Peter spoke of the recent passing of Greg Gutknecht and noted that there will be memorial potluck Sunday at 3pm at Valley Tavern.

Then Scott took the floor. We didn’t record what he said, but here’s a close approximation:

The Real Foods space has been vacant for more than a decade. In my 4 years in office, a week doesn’t go by that I don’t get an email or tweet from someone in the neighborhood asking why it’s empty and what can we do about it.

A year ago, someone in the neighborhood who wishes to remain anonymous introduced us to the head of Neutraceutical Corporation, the owners of the building. Three of us flew to Park City, Utah for a meeting with senior management that was supposed to take just half an hour and ended up being a very friendly 3 hour meeting. By the end of the meeting, Neutraceutical had committed to moving forward to make good use of the space and build a mixed use retail and housing space. Those plans are now moving forward.

As is common in a conditional use development that needs to appear before the planning commission, we are convening a community meeting to hear feedback on the plans. There are a lot of politics associated with this space and we're all entitled to our opinion. However, tonight we are looking to the future - to something we've all wanted, which is not a vacancy in the former space. The goal here is to listen with an open mind and have a productive dialog.

Scott then turned the floor over to Sergio Diaz from Neutraceutical (who was involved in the labor settlement with the employees of Real Food). Sergio nervously thanked everyone for coming and hastily handed the meeting over to Brian Liles and Julie Jackson, principals at Jackson Liles Architecture (Julie is also a proud parent and member of the PTSA at James Lick Middle School). They proceeded to go through a series of slides about the existing site, the plans, and the things they took into consideration when thinking about the design.

First, let's make sure we know what's allowed at the existing site:

• The lot is 50' wide and 114' deep, requires a 28.5' rear yard and is zoned for 40' in height. Rear yard required: 28.5'.
• The Noe Valley Commercial District prohibits office space on the 2nd floor of new construction.
• A Conditional Use permit may (or may not) be required for whatever moves into the ground floor.

Here's what was proposed last night:

• The retail level has 14' ceilings and is 3345sf – slightly smaller than the former Real Foods space. The space could be divided into two storefronts with 1470sf and 1875sf.
• Four 2bd/2ba loft-style condos. The two facing 24th St are 1226sf; the south-facing units are 1540sf and all have decks.
• The terraced design will allow more light onto the street and keep it inline with the surrounding buildings like Fresca and The Bagel Shop.
• The façade will have wood siding on it's upper levels and stone facing the sidewalk at the retail level. Trees will green the sidewalk.
• Neutraceutical pledged once again to not open a store on site - they will lease the ground floor.

The meeting was then opened up to public comment, paraphrased here to give a sense of the tone and who goes to these meetings:

Praise:

• Neighborhood architect says: Thoughtful, addresses the streetscape, good usable units on 24th St. I have no negative comments.
• I applaud Scott Weiner for his efforts here – we have an opportunity to create a great space. Good things have come out of Real Foods closure including the Farmer’s Market and Town Square – here’s to more.

Meh:

• The façade is ugly– the masonry blocks look better suited for Van Ness than 24th St.
• The drawings are generic – there's an opportunity here to do something that defines the neighborhood instead of 2 small skinny retail spaces.
• The terraces are very hipster-like – too hip for our neighborhood. I'd like hipsters to stay away.

Anger:

• “Where are the people going to park? This is bullsh*t!”
• Angry lady living at 3933 24th St/next door over the bagel shop: The building is dilapidated because Neutraceutical ripped off the roof – they’re a bully of a company that doesn’t give a crap. Don’t know why we’re all praising them.
• The street doesn’t warrant those terraces. I don’t to know who’s living there and what they’re doing – I don’t think there should be terraces.
• I live near the senior housing down the block – relatively new project – a year later there was no parking, there are 3 residences with 6 cars and it’s a nightmare; also, the design is hideous and doesn’t fit in.
• No amount of bike lanes is going to make parking easier.
• What about trash bins and recycling? The design doesn’t show bins for those.
• What about parking and middle income housing?
• I live on Jersey with my backyard facing this building – I’m worried about privacy from the decks and the placement of mechanicals (noise).

Practical:

• I’d love to sell my single family home and live out my retirement in a one bedroom on 24th St and walk my grandchildren down a sidewalk without curb cuts.
• Why have a two story elevator to a two story loft with stairs?
• Please make the retail not be a nail salon, title company or bank.
• Design is nice contextually. Different heights and styles. Why not make more units that are smaller to attract younger buyers instead of car owners?
• No matter what is built, please continue to work with the neighborhood.
• Our community is happy to see change – it’s been blighted for 10 years. Let’s not shoot for lowest common demoninator. I’d like to see better options than a brew pub or having Whole Foods use it for their food use facility. Let’s make it like the Ferry Building with food stalls or carts – something innovative.

We asked Jackson Liles today what they thought of the process and what changes they may be considering. They said they enjoyed the process and are sorting through all the info. They will work with the design team over the coming weeks, but have not settled on a direction yet. We'll keep you posted.

[NVSF: Coming Soon: Plans To Develop Real Foods Building]
[Photo: Noe Valley community meeting #realfoods]

This Week at the Planning Commission

A weekly look at Noe Valley projects in front of the Planning Commission. Information is provided by the Planning Commission, and taken from its published agenda. All hearings begin at 1:30pm, Room 400 in City Hall.

3645 23RD STREET - south side between Fair Oaks and Guerrero Streets; Lot 032 in Assessor’s Block 3647 - Mandatory Discretionary Review, under Planning Code Section 317 requiring review of residential demolition, of Demolition Permit Application No. 2007.10.10.5010, proposing to demolish a one-story, single-family dwelling in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and approve the demolition permit.

3645 23RD STREET - south side between Fair Oaks and Guerrero Streets; Lot 032 in Assessor’s Block 3647 - Mandatory Discretionary Review, under Planning Code Section 317 requiring review of the replacement building in association with residential demolition, of Building Permit Application No. 2007.10.12.5328, to construct a three-story over garage, two-family dwelling in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and approve the new building permit.

Also of interest is this item from the edge of Noe:

3398 22Nd street - northeast corner at Guerrero and 22nd Streets, Lot 028 in Assessor’s Block 3617 - Request for Conditional Use Authorization pursuant to Planning Code Sections 145.2, 303 and 710.26 to legalize a walk-up facility (ATM), dba "Swipe USA", that is not recessed 3-feet from the property line, in an NC-1 (Neighborhood Commercial Cluster) Zoning District with an 40-X Height and Bulk designation.

Preliminary Recommendation: Approval

NOTE: Will also include a brief informational presentation regarding Swipe USA's practice of installing ATMs within the City and County of San Francisco.

These machines are everywhere - there's even two within 10 feet of each other at 24th & Church. Is the City likely to start regulating where they go, or will they all be approved like the above location? And if approved, what's the point in the conditional use?

NVV: We Read It So You Don't Have To

The Noe Valley Voice is published ten times a year and has been a neighborhood fixture since 1977. Here are highlights from the latest issue. Links are to stories we've covered here on NVSF.

November 2009

Front page: Supervisor candidates faced off early at a forum at the Noe Valley Recreation Center on Oct. 22 – and William Hemenger of Diamond Heights has also just entered the race; Omnivore cookbook signings; Billy Goat Hill gets $50,000 for trail and habitat restoration from the Measure A Parks Bond passed by voters in 2008.

Feature: Tough times for 24th Street and upper Noe merchants continues – although the Whole Foods opening has brought some life and foot traffic back for many. Retailers hurt by Whole Foods are 24th St Cheese Co. and Drewes Meats. Whole Foods employs 100 workers--nearly 4 times as many Bell Market.

Letters: A poem to honor the passing of Noe Valley resident Bruce Sherman; a 7 paragraph tangent from the owner of Chloe's Café about working as a caterer on the set of Dirty Dancing with Patrick Swayze.

Op-Ed: A reader in a moss-green hemp-based hoodie ogles the faux ground beef, imitation sausage and fake chicken nuggets at Whole Foods – and decides the store is an OK addition to Noe after all.

Cost of Living in Noe: Average sales price 1.16 Million. Rents: down a little but still expensive.

Short Takes: Noel Stroll and a hay ride return to 24th Street on Dec. 5 from 4:30 – 7:30PM, and Santa will be at Zephyr from 11-2 for more family fun. [Ed. -- for now the link to Noel Stroll on last year's post redirects to Cooks Boulevard]. Ladybug Gardeners are at the Upper Noe Rec Center on Nov. 14 at 9AM planting and trimming- volunteers welcome.

Store Trek: Curator; Green11.

Rumors: Bevan Dufty proposes "removing conditional use criteria for full-service restaurants and permit small self-service restaurants and self-service specialty food establishments with conditional use" (Ed.--Translation: more restaurants on and around 24th Street assuming it passes through lengthy planning process and endless community meetings); Noe Soup will never open-–the owners abandoned the idea when they heard Whole Foods was coming and oh, because of a "complicated vent system;" the fusion restaurant on Church Street is stalled because of the "downturn in the economy;" Bistro 24 closed and is for sale for only $198K – although it may reopen (again!?) with a different partner if a buyer isn't found; Mi Lindo Yucatan closed and the space is under construction; La Boulange will open this month; Just Awesome Games reopens in West Portal after running from high rents in Noe (old space owned by Carol and Bill Yenne); Phoenix building (owned by Sue Bowie) still for sale for $2.25 million and the Streetlight building is listed for $2.2 million.

[The Noe Valley Voice]

Tuttimelon: What Gives?

"Coming Soon" signs have been posted over the menu board at Tuttimelon Belgano Tuttimelon(?) since they opened. Nothing has changed since JT's comment on October 26th: "Tried going today, but there's no froyo. Supposedly froyo will be available 'next month.'" The counter staff only says "soon" when asked for details on when "next month" will be. And Tuttimelon's website still lists 3901 24th St as "coming soon" (seems to be a trend).

Last week, Gwen Sanderson (President, Noe Valley Merchants and Professional Association) left a comment asking for public support: "Regarding frozen yogurt, the new owners of Belgano are trying to get through permitting to put in the machines. But the city is holding it up. They could use community support."

We tried to get a hold of the owners to no avail. We also searched for permit records and found nothing. The only information close to useful is this letter to the GM of Tuttimelon [PDF] from Larry Badiner (Zoning Administer for SF). In brief: "An operation of this type is very close to that of an ice cream store, which Planing Code Sections 790.90 and 790.91 consider to be large fast-food or small self-service restaurants, depending on the size of the use."

If the same information applies to Noe Valley's location, Tuttimelon/Belgano will need a conditional use permit to operate a restaurant and that means Noe's Neighborhood Commercial District would have to approve more restaurants. The three CU's approved in 2006 (after a 20-year moratorium) have been claimed: Contigo, Noe Soup, and the (stalled) restaurant from the folks at Regent Thai at Church/Jersey.

Or maybe we're wrong. Does anyone out there have better (or more complete) info? Is the City holding up the project or are existing restrictions imposed by the NV Neighborhood Commercial District? Will Noe Valley get its FroYo?

[NVSF: Tuttimelon: Open!]
[NVSF: Food Bites: What's New In Noe]
[NVSF: Blight: Real Foods]

This Week At The Planning Commission

A weekly look at Noe Valley projects in front of the Planning Commission. Information is provided by the Planning Commission, and taken from its published agenda. All hearings are on Thursday at 1:30pm, Room 400 in City Hall.

3936-3938 24TH STREET - north side of 24th Street between Sanchez and Noe Streets, Lots 044 and 045 in Assessor’s Block 3654 - Request for Conditional Use Authorization pursuant to Planning Code Sections, 728.49 and 303, for a change of use from retail uses to a financial service establishment (DBA “Circle Bank”) The subject property is located within the 24th and Noe Valley NCD (Neighborhood Commercial District) and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

[NVSF: Update: Circle Bank]

This Week At The Planning Commission

A weekly look at Noe Valley projects in front of the Planning Commission. Information is provided by the Planning Commission, and taken from its published agenda. All hearings are on Thursday at 1:30pm, Room 400 in City Hall.

4042 24th St as of 8/28/10

4042 24th STREET - on the north side of 24th Street between Castro and Noe streets; Lot 014 in Assessor’s Block 3656 - Request for Conditional Use Authorization pursuant to Section 178(c), 728.41, 728.42, and 303 of the Planning Code to allow a full-service restaurant (d.b.a. Patxi’s Chicago Pizza) in conjunction with a bar use within the 24th Street – Noe Valley Neighborhood Commercial District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

[NVSF: Mi Lindo Yucatan to Become Patxi's Pizza]

This Week At The Planning Commission

A look at Noe Valley projects in front of the Planning Commission this week. Information is provided by the Planning Commission, and taken from its published agenda. All hearings are on Thursday at 1:30pm, Room 400 in City Hall.

4028 24TH STREET - on the north side of 24th Street between Noe and Castro streets; Lot 011 in Assessor’s Block 3656 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 728.44 to allow a small self-service restaurant (d.b.a. Easy Breezy) within the 24th Street – Noe Valley Neighborhood Commercial District and a 40-X Height and Bulk District.
Staff Analysis: Approval with Conditions

Preliminary Recommendation: Do not take Discretionary Review and approve

While the application in the window states a dba of "Sweep Shop," the application cites "Easy Breezy" as the proposed business name. More:

The Project is not a Formula Retail use, defined under the Formula Retail provisions of Planning Code Sections 703.3 and 703.4, but rather an independent, locally owned business. The Project is designed to mainly serve residents from the surrounding neighborhood and patrons of other businesses on 24 1h Street. The Project will create up to three job openings. The proposed operation includes self-serve yogurt machines and a check-out counter to pay for the sale of yogurt prior to consumption. Patrons will have the option for take-out or dine-in at the on site seating area with up to eleven seats. The proposed hours of operation are between 11:00 a.m. to 10:00 P.M. Sunday through Thursday and 11:00 a.m. to 11:00 p.m. Friday and Saturday.

The full staff analysis contains the application, proposed floorplan, and letters of support from five residents and seven merchants.

[SF Planning: 4028 24th St (PDF)]
[NVSF: Tidbits: 24th St Happenings]

Elizabeth Street Brewery: Free Beer Gets Famous

What's better than free beer? Famous free beer! One of Noe Valley's best-kept secrets is not quite so secret anymore. Elizabeth Street Brewery was picked as the Microbrewery of the Year by SF Weekly in May - and the latest issue of San Francisco Magazine also gives it a rave. Of particular interest to fans:

Brewer-Hay realizes that the time for his brewery to become a real business is drawing nigh. “We’ve taken this so far that it seems inevitable,” he says. After flying to watch a series of Giants games in St. Louis, Missouri, in late August, he gave himself a week to return to San Francisco by rail. “I wasn’t allowed to come home until I finished the business plan,” he says, having spent 62 hours on a train to get back. Now, with that document in hand, Brewer-Hay has started to see his dream take shape.

Here's hoping the City allows a new Conditional Use permit for Noe Valley's first brew pub. Congrats, ESB!

[SFM: Free beer]
[NVSF: Elizabeth Street Brewery Snags Best Microbrewery Without Selling A Single Beer]
[NVSF: Update: Planning Commission Allows More Restaurants In Noe Valley]

Closing: More Rumors on 24th Street

Sources tell us that Simply Chic and GNC are closing. Can't say we're suprised. Simply Chic has been clearing out merchandise and fixtures for months but denies they're going out of business. When asked, GNC also denies it (but when have you ever seen anyone one there?). So still just rumors.

With all the spaces turning over on 24th St we wonder: what does Noe Valley need?

More Nails/Waxing? (Nooooo....!)
Restaurants (no more Conditional Use permits -- can this be changed?)
Realtors? (Not a value-add)
Fishmonger/Butcher?
Gas station?
Parking lot?
Baby stroller parts/repair?

What do you leave the neighborhood for? Since Whole Foods is opening later this year, now is the time for new retail to establish itself. What should it be? Input in the comments, please.

[NVSF: Closed: Riki]
[NVSF: Blight: Real Foods]
[NVSF: Forget Whole Foods - Noe Needs a Parking Lot]
[NVSF: Update: Planning Commission October 23, 2008]

This Week at the Planning Commission

A weekly look at Noe Valley projects in front of the Planning Commission. Information is provided by the Planning Commission, and taken from its published agenda. All hearings begin at 1:30pm, Room 400 in City Hall.

February 19

3950 24TH STREET - north side between Sanchez and Noe Streets; Lots 041 and 028 in Assessor’s Block 3654 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303(c), 303(i), 703.4, 728.40, and 790.102(a), to allow a new formula retail grocery store (d.b.a. Whole Foods) to operate within the 24th Street – Noe Valley Neighborhood Commercial District and 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions.

1409 SANCHEZ STREET - east side between 27th and Duncan Streets; Lot 031 in Assessor’s Block 6592 - Mandatory Discretionary Review, under Planning Code Section 317 requiring review of residential demolition, of Demolition Permit Application No. 2008.10.20.4543, proposing to demolish a one-story, single-family dwelling in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and approve the demolition permit.

1409 SANCHEZ STREET - east side between 27th and Duncan Streets; Lot 031 in Assessor’s Block 6592 - Mandatory Discretionary Review, under Planning Code Section 317 requiring review of the replacement building in association with residential demolition, of Building Permit Application No. 2008.10.20.4546, to construct a two-story over garage and basement, two-family dwelling in an RH-2 (Residential, House, Two -Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and approve the new building permit.

1381 Sanchez Street - east side between Cesar Chavez and 27th Streets; Lot 025 in Assessor's Block 6579 - Request for Discretionary Review of Building Permit Application No. 2008.09.23.2413 proposing to enclose the existing rear stairs along the south property line in order to accommodate a reconfigured interior at the first floor and the ground level at the rear. The subject building is a single-family home located within an RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and Approve the Project with Modifications.

[NVSF: All posts tagged Whole Foods]
[NVSF: 1409 Sanchez: Back on the Market]

This Week (Today!) At The Planning Commission

A weekly look at Noe Valley projects in front of the Planning Commission. Information is provided by the Planning Commission, and taken from its published agenda. All hearings are on Thursday at 1:30pm, Room 400 in City Hall.

The Planning Department changed their website for the new year and we missed this in the shuffle.


Today's Chronicle describes the plan to remove restrictions on new restaurants on Noe Valley's 24th St rumored in November's Noe Valley Voice. Empty storefronts and a sea change in attitudes about regulation have prompted Bevan Dufty to propose allowing as many restaurants as the neighborhood will support. Here's what's in front of the Planning Commission today:

AMENDMENTS TO THE PLANNING CODE SECTION 728: 24 STREET-NOE VALLEY NCD RESTAURANT DEFINITIONS [BOARD FILE NO. 09-1208]. Ordinance introduced by Supervisor Dufty amending Planning Code Sections 728.1 (Zoning Control Table), 728.42 (full-service restaurants), 728.44 (small self-service restaurants), and 728.69A (specialty food, self-service) to allow new full-service restaurants, small self-service restaurants, and self-service specialty food establishments with a Conditional Use authorization; adopting findings, including environmental findings, Planning Code Section 302 findings, and findings of consistency with the General Plan and the priority policies of Planning Code Section 101.

Preliminary Recommendation: Approval with Conditions

[SFGate: Blocks hungry to fill storefronts with eateries]
[NVV: November 2009 Rumors]
[NVSF: Update: Planning Commission October 23, 2008]

This Week At The Planning Commission: The Evolution Of 24th St Continues

A look at Noe Valley projects in front of the Planning Commission this week. Information is provided by the Planning Commission, and taken from its published agenda. All hearings are on Thursday at 1:30pm, Room 400 in City Hall.

April 23, 2015

3822 24TH STREET - north side of 24th Street between Church and Vicksburg Streets; Lot 018 in Assessor’s Block 3651 - Request for Conditional Use Authorization pursuant to Planning Code Section 303, 317 and 728.37, to allow demolition of an existing two-story single-family dwelling. The proposed new construction includes a five-story-over-basement, five-unit residential with ground-floor commercial building, with five bicycle parking spaces. The building will be approximately 45 feet in height, pursuant to Planning Code Section 263.20. The property is within the 24th Street- Noe Valley NCD (Neighborhood Commercial) Zoning District, and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation: Approve with Conditions

Records show the existing single family home at 3822 24th St was purchased in $759k in 2012, and the current owner has lived there since. Interesting, the application filed in 2014 includes an appraisal for the house as is: But rather than cash out, the owner is looking big: five new units (three of which are "family size") over retail. As shown in the picture above, the proposed building is roughly the size of the new construction next door. And as it is close to major public transportation, there will be no parking on site for autos (but yes for bicycles).

Full plans, staff analysis and thirteen letters of support (mostly from area merchants) are included in the application. There are no letters in opposition.

Also at the Planning Commission this week is the continuation of 4022-4026 24th St - the Bliss Bar building. A final decision was postponed on March 26th so that the project sponsor and concerned neighbors could meet and hammer out some compromises. The issues include the larger space taking up 100% of the rear yard, amplified music and (of course) lack of parking among other things. According to a comment on April 5th, it does not appear that the project sponsor was willing to compromise. We'll see what the Planning Commission says.

Update (4/24): After a brief presentation by the project sponsor of 3822 24th St that highlighted the fact that there was no one in opposition, two people stood up to voice their concerns. Both are Elizabeth St residents, and neither had heard of the project until it was highlighted in the Chronicle last week (they missed the mailings, large posters, etc). Their concerns were predictable: light, shadow, harshness of design and the changing character of 24th St.

The Commissioners agreed that the design is a bit "brutal" and asked that the architect work to soften the facade. Commissioner Moore also asked that the location of the stair and elevator penthouses be consolidated to reduce shadows. With those conditions the project was approved 7-0.

On the matter of 4022-4026 24th St, the Commissioners voted 6-0 to continue the hearing to June 11, 2015. Details on our original post.

Video of the hearing is here.

[SF Planning: 3822 24TH STREET]
[SF Planning: 4022-4026 24th St]
[NVSF: This Week At The Planning Commission: Tom & Rai Will Move Into Rebuilt Bliss Bar]

Update: Planning Commission Allows More Restaurants In Noe Valley

On January 14, the Planning Commission voted unanimously (with all 7 Commissioners) to allow an unlimited number of new restaurants within the Noe Valley Community Benefit District pending case-by-case Conditional Use authorization. Video of the hearing here (19 minutes).

NIMBYs? Denied.

[NVSF: This Week (Today!) At The Planning Commission]
[SFGTV: January 14, 2010, Planning Commission Hearing, Video]

Agenda: Upper Noe Neighbors--Pritikin Mansion

Pritikin Mansion on Chenery St. Our neighborhood estate happens to be the largest private estate in San Francisco Bob Pritikin would like to turn it into the Only in San Francisco Museum. Come hear about the proposal that would require a conditional use permit from the Planning Dept.

San Francisco General Plan--Housing and Recreation/Open Space Elements: the Planning Department will discuss how the General Plan will affect Noe Valley.

What: Upper Noe Neighbors monthly meeting
When: Thursday, April 23, 7:30 pm
Where: Upper Noe Rec Center, 295 Day St.