Board denies jurisdiction request; TreeMed dispensary permit stands
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Summary
The Board of Appeals denied a jurisdiction request over a change‑of‑use permit for a proposed medical cannabis dispensary at 5234 Mission Street, finding notice and posting requirements were not triggered for this permit type. The decision blocks a late appeal and leaves the permit in place.
The San Francisco Board of Appeals on May 8 denied a request that it take jurisdiction over a change‑of‑use building permit for a proposed medical cannabis dispensary at 5234 Mission Street (TreeMed), voting 5–0.
The requester argued the City failed to post the permit as required under Sections 5 and 6 of the San Francisco Business and Tax Regulations Code for a change of use, thereby preventing timely neighborhood appeals. Department witnesses (including DBI Inspector Joseph Duffy and Planning Department representative Scott Sanchez) told the board the particular permit type and procedures (Section 108 of the building code and DPH/MCD process) did not require posting at issuance, that required mailed notices and the Doctor hearing procedures were followed, and that DBI had investigated earlier posting complaints and abated them.
Numerous patients and community members spoke in support of the dispensary, citing medical need and neighborhood outreach. Permit counsel said the project underwent a multi‑year application process and that final inspection was scheduled; the applicant also said two DPH/Planning notices were mailed and that posting rules differ for this permit class. After deliberation, the board found no error in notification and denied the jurisdiction request; commissioners voted 5–0, and the board held the denial prevents a late appeal.
