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Board splits on Bayshore dispensary appeals; building permit left in place by operation of law

San Francisco Board of Appeals · July 19, 2017
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Summary

Residents appealed a May 5, 2017 building permit for a proposed medical cannabis dispensary at 2442 Bayshore Boulevard, arguing it sits within 1,000 feet of youth-serving facilities and that petition signatures were forged. After broad public comment and divided commissioner debate, no motion to overturn the permit gained a majority; the permit therefore remains in effect by operation of law.

The San Francisco Board of Appeals heard two appeals on July 19 challenging a building permit issued to Elevated Systems Inc. for 2442 Bayshore Boulevard, a proposed medical cannabis dispensary, but the board left the permit in place by operation of law after commissioners failed to achieve a majority to overturn the permit.

Appellants, led by attorney Theresa Lee and the San Francisco Community Empowerment Center, argued the dispensary is within 1,000 feet of several child‑oriented facilities — including the Rock (73 Leland) and the Cross Cultural Family Center (50 Raymond) — and therefore prohibited under the city’s planning code (citing Planning Code §790.141 and related sections). Lee said she submitted recent declarations from program directors that, she said, show these nearby locations primarily serve children, and she urged the board to rescind the permit.

Appellants also challenged the integrity of neighborhood support submitted by the applicant: Lee told commissioners that the applicant submitted roughly 676 signatures purporting to show community backing but that a handwriting expert’s review and address checks…

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