Board upholds revised plans for Haight Street medical-cannabis permit, requires recorded restrictions

The San Francisco Board of Appeals on July 26 adopted revised floor plans for SPARC’s medical-cannabis dispensary at 473 Haight Street and required a Notice of Special Restrictions (NSR) to be recorded against the property to ensure the retail portion remains publicly accessible. The board’s action followed a continuation from May that asked the permit holder to work with the zoning administrator on changes to address public-access and intensification concerns.

Permit counsel Tom Tunney told the board the revised plans place the medical-cannabis dispensary in the rear of the space while keeping a publicly accessible retail area in front, and that the zoning administrator approved the revision. Tunney said the operator has passed unannounced inspections and was willing to accept monitoring and reporting conditions. "We have submitted revised plans that keep the retail use in the front of the space and the MCD use is located in the rear," Tunney said.

Opponents, including the appellant who identified himself as Mr. Williams, argued the project had effectively expanded a nonconforming use without a conditional-use hearing and that required documents — including a recorded NSR and the project’s business plan — were not provided to the Board or the public. The appellant said the recorded NSR forbids food sales and that the applicant’s statements about expansion percentages and sales were inconsistent with the recorded document.

Planning Department staff Scott Sanchez told commissioners the zoning- administrator relied on an established interpretation of the planning code definition of "significant change" (generally a 25% or 500-square-foot threshold) and that the revised plans addressed the board’s concerns. Sanchez also said an NSR recorded with the plans as an attachment would help ensure operation in conformance with the approved floor plan.

Commissioners debated whether the NSR should be required as an explicit condition. Commissioner Anne Lazarus moved to adopt the revised plans on the condition that the NSR be recorded and that the front portion remain publicly accessible retail. The motion carried 4–0 (Vice President Frank Fung, President Daryl Honda, Commissioners Lazarus and Rick Swig voted Aye; Commissioner Bobby Wilson was absent).

The board adopted the plans and the two conditions — (1) operation consistent with the approved plans and (2) that the front portion be open to the public — and directed staff to draft an NSR referencing the approved floor plan.

The matter was resolved at the meeting; the party who raised concerns may seek any further remedies available under the code outside this proceeding.