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Business & Tech

San Pablo Ave. Pot Club Application May Be Denied

The permit application is scheduled to be reviewed at the May 10 Planning & Zoning Commission hearing.

A proposed for the 700 block of San Pablo Avenue likely will need to find a new space for its intended operations if it hopes to find a home in Albany.

The will review the Zo Collective Cafe's application, for 745-747 San Pablo Ave., on Tuesday night. 

City staff has recommended that commissioners deny the application. (See the full staff report to the right as a PDF.)

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According to Jeff Bond, who prepared the staff report, "the proposal does not appear to comply with City requirements for the location of a dispensary. In addition, the property owner has leased the space to another tenant for a restaurant use."

(A burger joint at the same address, which is , is set to appear before the commission Tuesday night.)

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The review of the permit is aimed at bringing "formal closure to the application," though it has not been withdrawn by applicants Rina and Harry Houngviengkham (despite the apparent loss of space for its operation).

City code says a dispensary shall not be within 1,000 feet of any youth-oriented facilities.

According to Bond's staff report, "the distance from the northwest corner of the subject property to the southeast corner of the  (owned and operated by the ) is calculated at 856 feet. Secondly, the distance from the southeast corner of the subject property to the northwest corner of the  at 921 Kains Avenue was calculated at 946 feet."

The city was by two brothers who had hoped to open Albany's first medical marijuana dispensary. The lawsuit was based, in part, on what they called a "" on dispensaries within city limits. 

The staff report acknowledges the lawsuit and asserts that the proposed finding for the Zo Collective "does not create de facto ban."

"Dispensaries could be located ... between 600 and 660 Cleveland Avenue and between 1001 and 1025 Eastshore Avenue, subject to the requirements of the Planning and Zoning Code and subject to the Planning and Zoning Commission making appropriate findings and adopting conditions of approval," writes Bond.

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

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