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Board upholds Planning Department Letter of Determination for 1190 Bryant cannabis application
Summary
The Board of Appeals denied an appeal from BIMZ1 arguing the Planning Department erred in applying new cannabis rules; commissioners concluded the department applied the 'law of the day' and upheld the LOD, while acknowledging legislative changes created implementation challenges.
The Board of Appeals on Sept. 12 denied an appeal by BIMZ1 challenging a Planning Department Letter of Determination that, under new 2018 ordinance changes, required applicants to file first with the Office of Cannabis (relevant to 1190 Bryant Street). BIMZ1’s counsel, Robert Salna, said the Planning Department’s interpretation of which planning code section applied produced an impossible requirement for an application filed in May 2017 and led to delays and inequitable treatment. Planning staff (Scott Sanchez) replied that the ordinance took effect Jan. 5, 2018 and the department must apply "the law of the day," and said BIMZ1 has since filed with the Office of Cannabis and has a path forward. Commissioners debated the fairness of implementation timing and administrative backlog but ultimately voted 4–0 to deny the appeal and uphold the LOD.
