Board upholds approval for cannabis retailer at 4835 Mission Street after public hearing

The San Francisco Board of Supervisors on Tuesday voted unanimously to uphold the Planning Commission’s September 29 approval of a conditional use authorization for a 1,300-square-foot cannabis retail store at 4835 Mission Street in the Excelsior district, and tabled motions that would have disapproved the permit and directed staff to prepare written findings.

Neighbors who appealed the approval told the board the project sponsor failed to conduct proper multilingual outreach, submitted suspect support cards and collected signatures from people outside the 300-foot community-notice radius. The sponsor and its counsel disputed those claims and said they exceeded notice requirements and followed the Planning Department’s procedures. City planning and Office of Cannabis staff told the board the project met the applicable notice and land-use rules.

The appeal hearing included presentations by the appellant, a planning department overview, a statement from the Office of Cannabis, a ten-minute presentation from the project sponsor and roughly two dozen public speakers, including residents who opposed the store and community members who supported the applicant. After public comment and rebuttals, Supervisor Asha Safa Yi moved to approve the Planning Commission’s decision (Item 11) and table the related motions to disapprove and to prepare disapproval findings (Items 12 and 13). The motion passed 11–0.

Why it matters: The case illustrates tensions between the city’s neighborhood protections — including outreach and the Planning Code’s buffer rules — and the Office of Cannabis licensing process. Opponents said the project would add to an already concentrated number of cannabis retailers in the corridor and increase youth exposure because of nearby schools; supporters said the business is an equity applicant that will invest in a vacant storefront, create jobs and operate under a robust Good Neighbor policy.

Key facts and findings - Project: conditional use authorization for a 1,300-square-foot cannabis retail use at 4835 Mission Street (applicant: Perry Gabriel Jones; operator partner: MMD Shops). The Planning Commission had unanimously approved the permit on Sept. 29, 2022. - Appeals issues: alleged violations of the Sunshine Ordinance/public-notice rules, proximity to Balboa High School, and alleged oversaturation of cannabis retail in the neighborhood. - Planning department position: The September 29 Planning Commission hearing was properly noticed (mailed, posted, newspaper) and notices were produced in English, Mandarin, Spanish and Tagalog; the department concluded the project met the Planning Code’s findings. - Office of Cannabis position: The Office of Cannabis explained its two-phase permitting process. Applicants enter the Office of Cannabis “phase 2” (which requires a Good Neighbor policy and additional outreach in required languages) only after they secure building permits for buildout. Office of Cannabis staff said the Good Neighbor outreach requirement had not yet been triggered because the applicant had not reached phase 2. - Vote: On the motion to approve Item 11 and table Items 12 and 13, the board voted 11 ayes, 0 nos.

Discussion highlights - Appellant’s case: Solinda (Olinda) Vega, the appellant, told the board the sponsor’s outreach was incomplete and inconsistent, cited multiple allegedly fraudulent support cards, and said many supporters listed on sponsor materials live outside the 300-foot radius or outside the neighborhood. - Sponsor’s case: Applicant Perry Jones and partner Sarah Dale (MMD Shops) said they exceeded pre-application outreach requirements, purchased the building, plan capital improvements and will operate with professional security, monitoring and a formal Good Neighbor policy. - Planning staff: Principal Planner Sylvia Jimenez explained the differences between Planning Department notice requirements (mailed/posting/newspaper) and Office of Cannabis procedures. She said the Planning Commission found required findings were met and recommended upholding the commission. - Office of Cannabis: Director Nikesh Patel and senior staff described the requirement that applicants hold a Good Neighbor outreach meeting in multiple languages once the applicant reaches building-permit/phase-2; that requirement had not yet been triggered.

Clarifying details from record - Planning buffer: The Planning Code requires a cannabis retailer to be at least 600 feet from a parcel containing a public or private school; planning staff said the nearest approved cannabis retail use is about 997 feet from the proposed site. - Pre-application mailing: Sponsor’s counsel said the pre-application mailer went to a 315-foot radius and amounted to about 344 mailed invitations; the Planning Department uses a reproducible reprographics process for formal hearing notice and maintains an affidavit of mailing. - Good Neighbor outreach: Office of Cannabis requires multilingual notices and at least one community meeting (with notices and translated materials) as part of phase 2; the applicant had not yet reached that phase and therefore the Good Neighbor meeting had not yet been held.

What’s next: By tabling the motions to prepare disapproval findings the board deferred any further written disapproval action. If and when the applicant reaches the Office of Cannabis phase 2, the sponsor must complete the Good Neighbor outreach and the Office of Cannabis will need to approve the Good Neighbor policy before a local cannabis business permit can be issued.

Speakers quoted - "We are opposing the conditional use authorization of cannabis dispensary at 4835 Mission Street…there are several reasons… they did not provide information in Spanish, Tagalog or Chinese as they claim," appellant Solinda Vega, appellant. - "We want to be accountable, accessible, transparent, good neighbors, and good stewards for the Excelsior," Sarah Dale, MMD Shops (project partner). - "Applicants who secure land use entitlement will enter into phase 2 of the OC process...at that point the Office of Cannabis will capture most of the information for the operation," Ray Law, Office of Cannabis.

Ending: With the board’s vote to uphold the Planning Commission approval, the matter now rests on the timing of the applicant’s phase-2 buildout and the Office of Cannabis review of a Good Neighbor policy; neighbors who opposed the project said they may continue to monitor the outreach and enforcement steps when they occur.