Bay Area/ San Francisco
Published on June 11, 2015
Hayes Valley Kit & Ace Location Under Formula Retail ReviewPhoto: Nuala Sawyer / Hoodline

Clothing company Kit & Ace was slated to open its doors at 371 Hayes St. this weekend, but the "technical cashmere" store's opening is delayed as the Planning Department considers whether the store is in violation of Hayes Valley's formula retail restrictions.

Last spring, we wrote about The Painter's Place's closure after 36 years in the neighborhood. At the time, Kit & Ace had already signed the lease for the space and begun filing building permits with the city. The Vancouver-based company's SF expansion is part of its plan to open 50 retail locations throughout the U.S. by the end of 2015. (This New York Times profile has more on the brand, which was founded by Shannon and JJ Wilson, the wife and son of Lululemon founder Chip Wilson.)

In anticipation of the scheduled opening date, we reached out to Kit & Ace for an update, and were told that the shop has been delayed a couple months due to construction. But the real delay appears to be more legal than construction-related.

A formula retail enforcement request was filed with the Planning Department on May 18th, calling to the city's attention the fact that Kit & Ace could exceed the maximum of 11 other retail locations worldwide. The issue is currently under review, and we've reached out to the Planning Department for more information.

Kit & Ace's website mentions 16 locations scheduled to open this year, in both the U.S. and Canada. But according to a spokesperson for the brand, only nine locations are currently open. "We are in accordance with the rules, but this issue has caused us some delays," Kit & Ace's Nina Kaminer told Hoodline. "We are hoping it will get resolved imminently."

That said, the Affidavit For Formula Retail Use states that "a proposed location is counted in your total number of retail locations calculation even if it is not open for business yet. Any location that has been given a land use permit or entitlement counts."

Between 2005 and 2013, the city reviewed 104 applications to open formula retail stores and restaurants, three-quarters of which ended up being approved. With that said, formula retail law is not to be toyed with, as evidenced by Quickly's recent opening and sudden closing in the Inner Sunset.

We'll keep you updated on the future of 371 Hayes, and whether or not Kit & Ace will be permitted to open in the neighborhood.