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Board upholds zoning administrator’s determination on cannabis 600-foot rule

San Francisco Board of Appeals · October 23, 2024
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Summary

The Board of Appeals upheld a zoning-administrator Letter of Determination clarifying how planning and Office of Cannabis rules interact with the 600-foot buffer for cannabis retail permits, denying Chris Calloway’s appeal 3–0 after extensive testimony from equity applicants, planning, DBI and public commenters.

The San Francisco Board of Appeals on Oct. 23 upheld a zoning-administrator Letter of Determination interpreting how planning and Office of Cannabis (OOC) procedures interact with the city’s 600-foot proximity rules for cannabis retail conditional-use authorizations. The board denied the appeal filed by equity applicant Chris Calloway, voting 3–0 to uphold the determination.

Calloway and counsel argued the zoning administrator’s Letter of Determination (LOD) failed to answer the narrow planning-code question they had posed and improperly relied on OOC processing rules. They said nothing in the planning code prohibits two conditional-use (CU) approvals within 600 feet of each other where no valid OOC permit has been issued, and they presented email evidence that OOC had…

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