Board of Appeals grants jurisdiction to hear Green Acres building-permit denial

The San Francisco Board of Appeals voted 4 to 1 to accept jurisdiction over the Department of Building Inspection's December 22, 2008 denial of a building permit for Green Acres, a medical cannabis dispensary at 6256 Third Street.

Attorney Randall Knox, representing permit holder Claudia Smith, told the board counsel and correspondence with city staff created confusion about whether Green Acres should be treated as an "existing MCD." Knox said planning correspondence and department notices gave the business the impression it could complete outstanding items and be processed as existing, and that delays in making files available and inconsistent letters deprived the applicant of clear notice. "All the correspondence between November 2007 and November 2008 treats it as though it is existing," Knox said.

Planning Department staffer Scott Sanchez urged the board to deny jurisdiction, saying the record shows Green Acres did not file a complete application by the 08/15/2007 deadline and that the property cannot qualify as a new facility because it is within 1,000 feet of a school. "The department respectfully respectfully requests that the board deny the jurisdiction request," Sanchez said, summarizing the department's position that the notice and permit-denial process provided an appeal path the applicant did not use.

Several patients spoke in support of Green Acres, saying the site provides local medical access and neighborhood services. Board members split on whether the timing and notice issues justified late jurisdiction; President Frank Fung moved to grant jurisdiction limited to the DBI building-permit denial, and the motion carried 4 to 1.

With jurisdiction granted, the Board will schedule the merits hearing on the permit denial. The vote does not decide whether the permit will ultimately be upheld or overturned; rather, it allows the appeal to be heard on its substantive merits.