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Planning commission denies medical cannabis dispensary at 2139 Taraval after large neighborhood opposition

San Francisco Planning Commission · May 21, 2015
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Summary

Facing hundreds of residents and neighborhood institutions opposing a proposed medical cannabis dispensary at 2139 Taraval, the Planning Commission followed staff's recommendation and voted to disapprove the conditional-use authorization under interim criteria designed to require measurable community benefits and public-safety commitments.

The Planning Commission voted on May 21 to disapprove a conditional-use authorization for a proposed medical cannabis dispensary at 2139 Taraval Street, following an exceptionally large public hearing in which neighborhood residents, merchants, community organizations and the Taraval precinct commander urged denial.

Planning staff had recommended disapproval under interim ordinances that require dispensaries in certain neighborhood commercial districts to demonstrate "measurable community benefit," effective parking and transportation plans, and a robust commitment to public safety and community liaison functions. Staff told the commission the application had not demonstrated those criteria.

The hearing drew intense public turnout: Captain Curtis Lum of the Taraval Police District told the commission he had received 15 emails opposed and one in favor, and police-sponsored neighborhood meetings showed overwhelming opposition. More than 200 neighborhood speakers filled the hearing record; the vast majority testified against the proposal for reasons including proximity to schools and churches, concerns about parking and double-parking, perceived increases in street-level disorder, and the neighborhood's character and safety for children and seniors. Several community leaders said they had collected thousands of signatures opposing the project.

Sponsor Greg Shep and other proponents argued the dispensary would serve medically fragile and homebound patients on the west side of the city and would be managed with strict security, non-smoking policies and community participation, including closed-days for the adjacent church. Supporters included patients, veterans, and caregiving professionals who testified the dispensary offered access to specialized strains and harm-reduction benefits.

Commissioners debated competing considerations: Commissioner Antonini and others noted the neighborhood opposition, prior court history on the same site, and the existence of other dispensaries within city limits; Commissioner Hillis and others raised concerns about the interim criteria and whether the process had been properly harmonized across neighborhoods. Staff recommended disapproval, asserting the application had not shown that it would provide measurable benefit or adequately mitigate parking/traffic and public-safety concerns.

A motion to disapprove passed unanimously. The commission recorded the denial under the conditional-use criteria adopted in interim legislation for Noriega/Judah/Irving/Taraval neighborhood commercial districts.

What this means: The decision denies the applicant's request for a dispensary at that Taraval address. The sponsor may pursue other legal avenues or sites; broader policy work at the Board of Supervisors about medical cannabis land-use rules and any future state-level changes could alter allowable locations and criteria.