SF Planning Commissioner: Formula Retail Review "Pits Business Owners Against Each Other"

During deliberations on a formula retail conditional use permit for Therapy Stores, Commissioner Chyanne Chen raised pointed concerns about the city's formula retail review process itself. She recalled a prior case in which a dessert shop used the same conditional use authorization process to block a competing dessert shop from opening around the corner, an outcome she called "extremely unfortunate." Chen said the process forces commissioners to weigh character attestations about whether applicants or opponents are being truthful, acting in good faith, or are good people, rather than evaluating whether a proposed business is good for the city. "I find the level of discretion maybe a little bit discomforting," she said, "because I think in some ways we're judging people and not necessarily whether this is good for this city." The conditional use authorization process requires Planning Commission approval before a chain store can open on a protected neighborhood commercial corridor, giving incumbent businesses a formal opportunity to oppose new entrants on neighborhood-character grounds.