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Business & Tech

Burger Plans Take Place of Pot Club on San Pablo

A storefront that's been vacant for several years on San Pablo Avenue may become a grass-fed burger joint.

Tuesday night, officials considered the fate of a San Pablo Avenue storefront that once was , but now seems destined for beef.

heard from representatives of both businesses in separate presentations during . 

, a marijuana dispensary, had held the lease on the property, at 745-747 San Pablo Ave., from roughly February 2010 until March, said Harry Houngviengkham on Wednesday. (Houngviengkham is one of the forces behind Zo.)

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He said he and his partner, Rina Houngviengkham, let the lease agreement lapse this year because "the city is going through so many issues" related to dispensaries that it's not clear what will happen.

(Representatives from one dispensary have ; , with its sights on Cleveland Avenue, has just begun the police background check. The city has said this could take 30-60 days to complete. See materials associated with Zo and the Clevaland dispensary applications in the PDF section to the right.)

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Zo Collective chose to have officials rule on its application, City Planning Manager Jeff Bond told the commission Tuesday night, even though it no longer held the lease on the San Pablo Avenue property.

Generally, Bond said, applicants in this position would withdraw their application and have their fees refunded. In this case, he said, "this applicant has asked that it formally come before you for denial" so that findings become part of the record.

"We do have an obligation to kind of put a bow on it," Bond said. "It's a highly litigious area of land use. The last thing the city wants to do is have something a little vague."

Commissioners denied the application on the grounds that it was too close to both the (856 feet) and the (946 feet). City code says a dispensary must be more than 1,000 feet from any youth-oriented facility.

Several members of the public spoke on the medical marijuana issue before the ruling. 

A representative from a nearby homeowner's association said his group opposed the application because of location standards. 

One member of the public, , told commissioners he felt the discussion about medical marijuana in Albany had been too much driven by fear. 

"It's upsetting to me that, in 2006, Albany residents clearly, by a wide majority, voted to have a dispensary, and five years later we don't have one," he said. "You're making it into this big bogeyman."

McKnight, a medical marijuana patient, said he'd like to see city staff present official statistics about property values, safety and crime issues surrounding well-run dispensaries. He said other communities, similar to Albany, had been able to have dispensaries without problems. 

Marcy Lauer, who lives near what had been the proposed location for the  on Solano Avenue, said she hoped residents and the city could work together to find a good place for a dispensary. 

"We're not trying to squash medical marijuana or the people that need it," she said. "I am saying, please, let's work together.... Just because we're opposed to a location does not mean we're against people who need this medicine." 

Attorney Natalia Thurston, who was at the meeting representing Zo Collective, told commissioners that her client had "made every effort to comply with the city's ordinance."

"It seems to be almost an impossible task," she said. "We're really disappointed about the outcome of this.... (The collective) expended quite a bit of time and financial resources securing the location.... All of these efforts are going to waste."

She said Wednesday that the applicants haven't decided whether to file charges based on the decision. 

"It's still pending. We haven't decided what the next steps are yet," she said.

Thurston added that the city should try harder to work with applicants to find an appropriate location for a dispensary, and uphold the will of the voters, who approved the opening of a single dispensary within Albany's city limits in 2006.

"This has gone on for too long," she said. "I understand the voters' frustation. Why is it now five years later and they have not permitted a dispensary or worked collaboratively with the applicants to determine a location that fits within the ordinance?"

Commissioner Leo Panian said it's proven "difficult if not impossible" to get a dispensary approved in Albany, adding that the "real battles" take place before the . 

"We've set up a situation that results in conflict over something that doesn't happen," he said, in reference to the many discussions about dispensaries in Albany up to this point. 

Bond told commissioners that there is a current , which is undergoing the background check. He said commissioners could deny the Zo Collective application "without prejudice." This would allow Zo to get back in line if the organization is able to find a suitable location.

And what of the burgers? Commissioners approved a parking exception to allow a 1,678-square-foot restaurant to open at 747 San Pablo, though no off-street parking is available.

City staff conducted a parking survey last week and said there appeared to be enough parking on San Pablo Avenue, and nearby, to recommend approval of the parking exception. (City standards typically require eight off-street spots for a restaurant of its size.)

Property owner Faramarz Pakzad of Berkeley said his storefront has been vacant for two to three years.

A restaurant representative said he planned to offer "the first grass-fed burgers in the city." The restaurant also would eschew corn sweetener, he said. (, on Solano Avenue, already offers grass-fed burgers, a cafe worker confirmed Wednesday.)

The restaurant rep also told commissioners there would be an "afterburner" that would be "the latest that's available in the market" to minimize smells outside the business.

"There's going to be some odors," he said. "But the main thing I emphasize is the carbon footprint for the city, and I think that's reduced quite a bit compared to other restaurants" because of the grass-fed beef.

Commissioners said they hope the restaurant will work to ensure good relations with neighbors, and that the business will encourage carpooling by staff, and make space for bike parking. 

City planner Bond said Wednesday that the restaurant needs no other approvals because a food establishment is a permitted use for the location. He added he was not sure when the restaurant hoped to open. 

The property owner could not be reached for comment for more details on Wednesday. 

See more Albany Patch coverage of medical marijuana dispensaries in the city .

Everybody makes mistakes ... ! If there's something in this article you think should be corrected, or if something else is amiss, call editor Emilie Raguso at 510-459-8325 or email her at emilier@patch.com.

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