Board upholds zoning administrator’s letter of determination that Divinity Tree authorization was abandoned

The Board of Appeals on Nov. 19 upheld a Planning Department letter of determination finding that Divinity Tree’s authorization to operate at 958 Geary Street was abandoned after a closure longer than the 18-month period in Planning Code §209.3(f).

Charles Pappas, who represented Divinity Tree, described a series of federal enforcement pressures and negotiations that led the dispensary to cease storefront operations in late 2011 and to operate sporadic delivery service until May 2012. Pappas asked the Board to exercise discretion and restore the location’s permit or extend the closure period to account for federal enforcement pressures and department interactions.

Scott Sanchez, Planning Department zoning administrator, said the Planning Code’s abandonment provision and the record supported the department’s decision. Sanchez told the Board the storefront closed in November 2011 and delivery operations and lease termination occurred in May 2012; the Planning Department relied on that timeline in issuing the letter of determination. Sanchez said the department had worked with Pappas on reopening options and other locations but concluded the site had been closed and the authorization therefore considered abandoned under the code.

Multiple patients, advocates and local community members urged the Board to restore Divinity Tree’s status, arguing it provided vital compassionate access. Opposite witnesses, including nearby tenants, raised concerns about past neighborhood impacts when the storefront operated.

The Board voted 3–1 to uphold the Zoning Administrator’s letter of determination on the basis there was no error or abuse of discretion in applying the 18‑month rule.