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Board upholds demolition permit for proposed Green Cross dispensary after packed public hearing

San Francisco Board of Appeals · September 12, 2012
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Summary

After more than 100 public speakers for and against, the Board of Appeals denied appeals to revoke an interior demolition permit for 4218 Mission Street (Green Cross), finding the appeal did not provide evidence to overturn the permit that authorizes interior soft demolition only and does not authorize operation of the dispensary.

The San Francisco Board of Appeals denied appeals against a building permit authorizing interior soft demolition at 4218 Mission Street, a site where the Green Cross medical cannabis collective seeks to open a walk-in dispensary.

Appellant Liang Qiao and many neighborhood residents argued the demolition work is a de facto step toward opening a medical cannabis dispensary in a residential area, raised proximity to children and community institutions, and said their preferred remedy was to postpone work until all exterior and use permits were issued. Qiao asserted the location was within sensitive distances of schools, day care centers and high-traffic bus stops.

Permit holder representatives and planning staff told the Board the permit before the panel authorizes interior soft demolition only (Administrative Bulletin 17) and does not authorize a change of use or operation of a dispensary. Attorney Joe Elford, representing permit holder Kevin Reed, said the use-permit review and other interdepartmental checks (including Accessibility review by the Mayor's Office on Disability and Department of Public Health processes) are separate and that the demolition permit itself does not allow sales or operation.

Planning Department Zoning Administrator Scott Sanchez explained that the planning department had processed a separate use-permit application through the Planning Commission earlier in the year and that appeals of an issued use permit occur only after that permit is issued; the interior demolition permit on appeal was not routed to planning because it does not authorize a change of use.

The hearing drew sustained public participation: patients and advocates described the Green Cross as a compliant provider and necessary access point for medical users; many neighbors voiced safety, traffic and children-protection concerns. The Board limited testimony and emphasized the legal distinction between a demolition permit and use entitlements.

After deliberation commissioners concluded the appeal did not show grounds to revoke the demolition permit as issued. On a 3-0 vote the Board denied the appeals and upheld the permit. Board members encouraged parties to pursue proper channels for issues that fall under other agencies' jurisdictions.