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Commission approves 500-foot buffer for medical-cannabis dispensaries in Ocean Avenue with security-document condition

San Francisco Planning Commission · April 3, 2014
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Summary

The commission recommended approval of a planning-code amendment requiring conditional-use review for a new medical-cannabis dispensary proposed within 500 feet of an existing dispensary in the Ocean Avenue corridor and asked that dispensary security plans be included in commission packets; the vote was unanimous.

The Planning Commission voted unanimously on April 3 to recommend approval of a planning-code amendment that requires a conditional-use review when a medical-cannabis dispensary (MCD) is proposed within 500 feet of an existing dispensary in the Ocean Avenue neighborhood commercial transit district.

Matthias Flormino, legislative aide to Supervisor Norman Yee, told the commission the ordinance responds to community concerns about clustering of dispensaries along Ocean Avenue and would require prospective dispensaries within 500 feet of an existing MCD to demonstrate community benefits, submit a parking and transportation management plan, and show a commitment to public safety and community engagement. The ordinance contains a clause to vacate itself should the city adopt citywide anti-clustering rules.

Public commenters were largely supportive of anti-clustering controls to preserve commercial diversity and reduce concentration of dispensaries. Several patient advocates and MCD users urged stronger transparency for ownership transfers, saying some transfers occurred without clear public notice; they urged involvement by the Department of Public Health in transfers. The Ocean Avenue Association supported anti-clustering measures and recommended limiting dispensaries in the corridor to prevent saturation.

Commissioner Sugai moved to approve the ordinance with the addition that security plans (which are required under the Department of Public Health review) be included in planning-commission packets when conditional-use applications are filed. Staff confirmed that land-use entitlement runs with the land and that DPH handles ownership-transfer reviews; commissioners also asked staff to keep related materials on file for future policy work.

The motion carried unanimously, 7-0.

Next steps: The commission's recommendation will be forwarded to the Board of Supervisors; staff will retain security-plan materials and may present additional policy work if the city pursues broader anti-clustering regulations.