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Board upholds zoning administrator: 350 Divisadero must follow new MCD permitting process

San Francisco Board of Appeals · June 9, 2010
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Summary

The Board of Appeals rejected an appeal by an operator seeking to revive an earlier medical cannabis operation at 350 Divisadero, ruling 3–1 that the zoning administrator did not err in requiring a new permitting process because prior approvals were not perfected and related permit activity indicated a change of use.

The San Francisco Board of Appeals on Thursday upheld a zoning administrator letter of determination that 350 Divisadero Street must begin the medical cannabis dispensary (MCD) permitting process from scratch, not rely on an earlier operation’s nonconforming status. The board voted 3–1 to affirm the March 5 decision.

Appellant Joseph Hunt argued the location had long hosted the San Francisco Patients Cooperative (1999–2008) and that past approvals and community use supported continuing the prior operation. Hunt’s counsel said the applicant relied on early guidance and…

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