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Board of Appeals upholds DPH permit for Spark dispensary at 473 Haight Street after 3–2 vote

San Francisco Board of Appeals · October 19, 2016
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Summary

After hours of public testimony and debate over departmental notification, the San Francisco Board of Appeals denied a neighborhood petition to overturn a Department of Public Health permit for Spark, a medical cannabis dispensary at 473 Haight St. The board found DPH complied with Article 33 and voted 3–2 to uphold the permit; building‑permit review of a proposed expansion remains pending.

The San Francisco Board of Appeals voted 3–2 on Oct. 19, 2016, to deny an appeal of a Department of Public Health (DPH) medical‑cannabis operating permit for Spark, which seeks to operate at 473 Haight Street.

The board’s decision upheld DPH’s issuance of permit C85769 after a de novo review of the paperwork and referrals DPH received under Article 33 of the San Francisco Health Code. Commissioner Lazarus moved to deny the appeal; Vice President Frank Fung and Commissioner Rick Swig joined him in support, while President Daryl Honda and Commissioner Bobby Wilson dissented.

Neighbors and a nearby business owner, appellant Azam Khan of Love Hate Computers, told the board they were not opposed to medical cannabis generally but argued Spark’s application represented a significant intensification of use, raised concerns about clustering of dispensaries, and described problems with how DPH handled community notification. Khan said the permitting process was “defective” and that city staff had promised a follow‑up meeting that never occurred.

“We are just against this particular location,” Azam Khan said…

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