LoHaMNA, the Lower Haight Merchants and Neighbors Association, has issued a detailed statement in response to our most recent article on the contentious issue of a new medical cannabis dispensary (MCD) opening in the Lower Haight. (Note: they did not respond to a request for comment prior to the publication of our previous story.)
As we've reported, the arrival of SPARC, an MCD with another location in SoMa, has some merchants on the 400 block of Haight up in arms, for what they see as the use of a technical loophole that allows SPARC to operate at 473 Haight despite being within 600 feet of a school. Because the location previously operated as another MCD, Good Fellows, SPARC is "grandfathered" in under the terms by which Good Fellows operated, and not the more recent restrictions.
Zoning Administrator Scott Sanchez is quoted as explaining the situation thusly:
At the time the Medical Cannabis Act was adopted, State law prohibited on-site smoking within 1,000 feet of a school (there was no prohibition on sales within 1,000 feet). The Medical Cannabis Act allowed existing MCDs to legalize even if they were within 1,000 feet of a school, but prohibited on-site smoking for these establishments. 473 Haight Street was approved in 2006 under this framework.
In 2011, State law was amended to prohibit sales within 600 feet of schools; however, it allowed existing uses to remain. As such, the MCD at 473 Haight Street is allowed to remain, even though it is within 600 feet of a school.
LoHaMNA states that it asked SPARC to organize two community outreach meetings, which took place late last year (in November and December). "The majority of attendees at these public events were in support of SPARC opening in the neighborhood, and a few members were against," the organization states. "The new loudest voices against SPARC claim they did not get the flyers or announcements. However, three of the five loudest anti-SPARC voices from the 400 block commercial side were at these events." (Matt Osborne, owner of nearby business Glass Key Photo and an opponent of SPARC, has contended that SPARC's public outreach was not comprehensive enough, and that a majority of merchants on the 400 block of Haight oppose the dispensary's plans.)
LoHaMNA says it heard arguments for and against the new dispensary voiced by neighbors and merchants. In the plus column, the new SPARC location could fill a commercial vacancy, bring foot traffic to the block, improve security and patients' access to medical cannabis, and potentially "compete against non-licensed dealers, resulting in safer usage by legal populations." Potential negatives, as compiled by LoHaMNA based on community feedback, included rising commercial real estate prices in the surrounding area, existing delivery options for medical cannabis, and the possibilities that on-site usage could result in "bother to neighbors and businesses," or that patrons might "run in and out of the dispensary without making other stops to neighborhood."
LoHaMNA says concerns over a potential increase in criminal activity associated with the MCD's arrival as "still to be determined," noting that "several studies reflect reduction in crime near MCDs ... however, some neighbors continue to argue that the 400 block of Haight is different, and that the neighborhood will have negative crime outcomes from gang and MCD interactions." (See LoHaMNA's full list of pros and cons here.)
Regarding the agreement between LoHaMNA and SPARC, which is posted in full here, the neighborhood group offered more details on the status of SPARC's financial contribution—which some have called into question—and what the money, earmarked for neighborhood improvements, might be used for:
SPARC offered a $500 monthly contribution for two years to LoHaMNA to help fund projects like the Lower Haight Art Walk, Lower Haight Pink Bunny Bronze Statue, combating trash issues in LH, and future walk stop projects.
To date, LoHaMNA has not accepted any contributions from SPARC. No board members have received payment from SPARC, nor are they affiliated with SPARC in any way, nor will any Board members receive payment from SPARC.
Today, the Planning Commission will consider SPARC's building permit application in a hearing that starts at noon in City Hall's Room 400. (However, they likely won't address this particular item until later in the session.) With time set aside for public comment, the Commission is sure to hear plenty of arguments from all sides.
Incidentally, it appears that SPARC's Farm Direct pop-up, which opened in recent weeks, has temporarily closed. A SPARC supporter gathering is scheduled for 6pm tonight at 473 Haight St. (Update: this meeting is for SPARC members only.)
There'll be another opportunity to discuss the issue at LoHaMNA's next public meeting, which will be held at Black Sands from 6:30-8:30pm on August 8th. The meeting will also solicit community feedback on Blue Bottle's plans to move into the neighborhood; LoHaMNA says it aims to "come up with a plan to get neighborhood input before taking any position" on the coffee shop.
