Transcripts For SFGTV Board Of Appeals 62216 20160628

That appeals to be heard and later joined by thomas owen for legal advice at the controls is the board cloak alec my name is Cynthia Goldstein the boards executive director. We will be joined this befrg were joined by representatives from the city departments that have cases before this board. Spent to say joe duffy dbi representing the department of department of building inspection and Scott Sanchez Planning Department. Shall be here representing the Planning Departments and Planning Commission as well as chris burke with the San Francisco bureau please be advised the ringing of and use of cell phones and other Electronic Devices are prohibited. Out in the hallway. Permit holders and others have up to 7 minutes to present their case and 3 minutes for rebuttal. Have up to 3 minutes no rebuttal. To assist the board in the accurate preparation of the minutes, members of the public are asked, not required to submit a speaker card or Business Card to the clerk. Speaker cards and pens are available on the left side of the podium. The board welcomes your comments. There are Customer Satisfaction forms available. If you have a question about the schedule, speak to the staff after the meeting or call the board office tomorrow we are located at 1650 Mission Street, suite 304. This meeting is broadcast live on sfgovtv cable channel 78. Dvds are available to purchase directly from sfgovtv. Thank you for your attention. Well conduct our swearing in process. If you intend to testify and wish to have the board give your testimony evidentiary weight, please stand and say i do. Please note any of the members may speak without taking the oath pursuant to the sunshine ordinance, and thank you. Please stand now do you solemnly swear or affirm the testimony youre about to give will be the whole truth and nothing but the truth . I do. Thank you, very much okay. So commissioners we will start then with the first item general Public Comment and thats forces any member of the public to address the boards on items not an tonight agenda any. Patricia merchant im not sure how many of us at this moments im very concerned about the Municipal Transportation Authority not doing the corrects Public Outreach has nothing to do with with that meeting and not having the rights communication towards the public youll each will be getting a letter from me thank you okay. Any the general Public Comment . Seeing none, move on to item 2 commissioners questions or comments commissioners okay. No questions or comments okay then move on to item 3 the boards consideration of may 18, 2016, meeting. Do they have and additions, deletions, or changes if not a motion. A motion. Thank you commissioner swig any Public Comment on the minutes . Seeing none, then have a motion commissioner fung commissioner hyde commissioner honda and commissioner wilson okay pecks that motion carries with a vote of 5 to zero 4a there v appeal numbers those 22 appeals were you filed by the academy of Art University protesting the notice of violation by the Zoning Administrator alleging violations of the planning code as follows the change of us from an office hotel to a post secondary use without a Building Permit on las vegas worth 48 to 66 federal and stockton street and post street and feder the contention of residential units to Student Housing for bush street 1055 pine and 1916 octavia the educational use and the Service Light Industrial Zoning District the establishment of Group Housing as part of a post secondary without a conditional use authorization at lombard street and fteer the establishment of a post secondarily educational street on pine street, calling names and 1821 van ness conversion of a singlefamily dwelling to Student Housing for an constitutional use vanessa avenue the change of use from an industrial chairs without an approved Building Permit the change of use of seating 4 thousand square feet would not providing the offstreet parking required by a post secondary educational use and the cage without an approved permit own Taylor Street and the post secondary institution used in an unauthorized vehicle shortage without a conditional use authorization 509s van ness avenue and 0farrell street i want to thank the palo alto City Attorneys Office and District Attorney albert for providing Legal Counsel to the board since the San Francisco Dennis Herrera filed a separate illuminate and City Attorney state your name for the record, sir and jackson grayish agreed to assist us thank you for your help separately we want to commend explain to the party and public we need 4 Board Members to hear the notice of violations penalty due to the super majority and because there are two 3 members commissioner honda and commissioner swig conflict of interest staff has a drawing names out of hat to see what conflict of interest board member and commissioner swig will hear the appeal and commissioner president honda will disclose their conflict. Id like to is the conflict is due to ownership in a property win 5 hundred feet of subject properties but that conflict has no Barbara Garcia on a conflict. Im renewing on advice from the attorney doctor stevens with one of my wifes clients theres a potential conflict. Okay. Thank you as president leaves the room well have the appellant come forward and the representative of the appellant and the parties agreed for a presentation take no more than 14 minutes we have 6 minutes that we have to set the clock to 14. Good evening. Im George Harris on behalf of found appellant the academy of Art University the each of the nov p decisions it issued on those appeals sets a july 1st deadline for completion of Environmental Reviews the eir and the estn and suppressors Discretionary Authority to assess administrative penalties in the deadlines are not met assessment beginning on july 2nd as starting i can assure the board that without regards to the accrual of any penalties none wants that eir and estn to be completes on times more than the xhaufrdz action as you may know knows on the academies pending theoreticians o authorizes for the subject properties have been pending for many years a charge to the filings that lists all the applications and theyve been on hold theyve been no action taken on them until those extensive Environmental Reviews can be completed were almost there there are about to be completed and the man very much wants to process of reviewing that action on the applications to begin and the july 1st deadline and the operative trigger for the assessment of those discretionary penalties was set in late 2015 and the record will show the academy provided full coordination and working diligently to meet that goal since it was announced and the good news is this is an update on what we put in our filing the parties remain on track to meet the july 1st deadline this is despite some recent minor delays by the consultant that is were talking about working under the direction of the city but the most recently schedules still show a completion by july 1st on the rtc the last thing on the eir is in the screen check stage which means there are the academy provided comments on june 16th on schedule and now going review by the Environmental Reviews officer and the consultant and the final edits and printed in public absolutely no reason that will not happen by july 1st and this is the 4r589 estn schedule we got this morning and again, it still shows on track for that deadline a originally the consultants were to circulate and estn we got this this morning and we got the revised schedule and everything on the revised schedule has been adjusted but still allows for explosion by july 1st deadline so the operative part of the nov decisions the assessment of penalties discretionary assessment of the administrative penalties from the deadlines are not met remains very, very likely to happy this will be met so what i would suggest propose urge the board to do is to postpone any action on the appeal until july 1st and only then if thats not met would it be necessary to assess why it wasnt met and anything that the academy accident or dependent do to keep that deadline made he did r the subject of the nov p issued in march of this year i think what youll find any kind of delays that was not due to the academy since the department announced the revised plans it was provided comments on administrative drafts of estn and authorized and funded new transportation survey and an analysis by transportation consultant that the at a citys request and new site diagrams in the estn at the citys request and approved all the change and budget increases and have been several that have occurred during this period of time so at this point in the city and controls whether the documents are on time the city argues it is reasonable to tie the assessment the penalties to this deadline this is a quote to insure the Academy Brings the facilities into compliance where the planning code and the city points out to catalogs historical delays since this project began in 2008, and in fact, during that period of time since 2008 the academies work with 4 different consultants selected by the city and revised over thirty worker change orders and participated in more than one hundred site visits and paid consultants for 15 hours of work more than 6 million those those are directed by the city so, yeah at this point the academy has provided information requested, is provided the comments on time since this announcement of the july 1st deadline for that reason unless there is a showing that somehow off the track for the deadlines i dont think that will happen the assessment of penalties is inappropriate and not reasonable and exercise discretion at this time and finally the last point i want to address in the papers the underlying premise of the requirements and the actually the process that caused this long delay it taking i think the permits thats the requirement of eir and estn so acting on those those applications it is a false premise not really any needs or requirement not any to continue to defer the action on the applications for these Environmental Reviews now the city agrees the eir required because the academy had plans for future expansion; right . Dividing it into smaller parts is peas e piecemealing but no position that little eir for future growth should hold of approval for this existing uses and in fact, inappropriate circumstances a sprat point they may say well, your combining all the categorical exemptions, in fact, exception maybe applied to a project for improvements at multiple sites were funding something in the city submission that we didnt site but the San Francisco beautiful versus city and county of San Francisco the 2014 court of appeals case with multiple exemption and robison versus the city and county of San Francisco envelope and the Court Appeal Decision the same thing the city recently approved a Shuttle Program and that involved 200 muni deposits o bus stops throughout the city nothing that prevents that from being done the second thing the city argues the key consideration for ceqa smgsz whether no expansion on one hand or some changes on the other the occupations the building by the academy involve a change in use at the time they began to use them in fact, there is clear and uncontested ceqa doesnt require analysis of changes unless theyre changes in existing uses so the bottom line for an Environmental Review is what the use was at the time of the initiation and whether or not it was a permitted use and in fact, in the planning Planning Department memo september 2011 which the city exhibits k f two they say due to the fact that prongs are evaluated at the time of publication of a notice of preparation to the future conditions past actions eve they occurred out objecting the necessary permits are accepted conditions ceqa didnt require a review of what changes might have been made prior to the time the review was initiated im not going to go through this we cited those cases in the memo that the county of sacramento an airport operating for 20 years without permits and the carpool reversed no, it said that the persuade is to look at the use as it you exists at the time and the u yes, the 2004 court of appeals case we cited in our submission the appellants argued the eir failed to consider prior illegal activities likes the historic conservation zoning violations and the court of appeals said no, it said any alleged Code Violations motivate relevant of the variance requested is not a ceqa consideration so you know were not saying the city shouldnt consider those the change or look at it a single project in the permitting process doing so does for the require a ceqa review which is been the basis for the long period of time the long clay this acting on the applications that the academy made beginning in 2007 so, so others operative question the on thing that effects things Going Forward is the july one deadline that a reasonable trigger for the assessment of these penalties and i think the deadline will be met it will be moved so i dont think the board needs to weigh into those issues until siege if this is true every indication and were just a little bit over a week from this deadline that will be met but if we look at that issue then i think that is unreasonable to begin to assess penalties on that date because on one hand that any remaining things that could have delayed or didnt delay that since that goal was announced in 2015 out of the academies controls not attributable it would be inappropriate in this case thank you very much. I have a question. The good faith efforts to comply youre saying that is as of july 2015; right . In lastly 2015 a history of other deadlines and when it mattered or a penalty accrued and came up to this board a whole history of that; right . But the determinations were made and ethics discretion woos was made not to assess those penalties this deadline was sit down in late 2015 and just no record that the academy has not done everything in their power. We shouldnt look at the academy since july 2015. It is really last night 2015 i think the deadline was announced yes, thats the operative deadline here the issues with regards to previous deadlines were in previous filings. Thank you. Maam, can you explain to the audience about the overflow room. Yes. I was going to do that our 0 so if you find a seat please do if not an overflow room in the light court the board has questions and well hear in the other folks. Thank you good afternoon commissioner fung Scott Sanchez Planning Department. So where to begin as a matter that is before you on several versions in the past maybe i should going go back to the program in the beginning the academy 1975 and 7 six the city of San Francisco adopted a master plan the institutions like the academy of art providing the city with information how they will manage their growth in the 2006 the code compliant issued a notice of violation to the academy of Art University for failing to have a master plan the Building Permit was sought for one of the properties we submitted that enforcements requirement and submitted and institutional master plan in 2006 that was inadequate by our review not listing all the properties that the academy had listed on their website subsequent to that we reviewed the list of properties and reviewed feeling against land use records to determine whether or not theyve gotten appropriate permit we found scores of violations on those properties at the time, we issued did first enforcement notice in 23406 the academy of Art University had 26 properties at that point they have operate 40 we are aware of during that time we did issue an enforcement notice about their issues they continues to acquire properties and being made aware of the issues i was in a merging with stevens i thought informed the k345u6r78d will definitely come into compliance i go back to i desk theyre a voicemail their replying windows theyre only testing out the windows we definitely had them into to the appropriate process and reviewed their imp to get it up to a higher standard and through this process they submitted in appropriate entitlements we informed them the deputy and of the process they needed to go though the proper Environmental Review in 2008, the commission looked at the updated version and at the time the Commission Found it was lacking and requested previous information and made the same promise and subsequent wisp working in growth with them on the Environmental Review and september of 2011 we learned it despite not to require or convert or otherwise occupy and use the properties theyve continues to do so this caused delay in the Environmental Review the Environmental Review was to analyze the impacts of the project that is more difficult to analyze the impacts of a moving target thats what we had the project description changing because of the new properties that were acquired it caused a delay to the Environmental Review we did then begin to initiate enforcement we also did get the imp to a state where they felt that was acceptable in 2011 we did in 2013 issued notice of violations and at that point subtracted to a stay to compel compliance to set guidelines a list of conditions through that process theyre not abiding by those conditions as outlined so we readily that day the following year in 2014 and we actually had a host of appeals at that point many were withdrawn and one was a withdrawal and stay that was withdrawn by this academy thats not the issues weve raised in the letter withdrawing the stay is no longer openable we went through a during the course were on our 7 counsel working with the city there are other attorneys that may have been involved by the second set of attorneys change was last year their attorney at that time when we went to the hearing those are the items before you when they were under my review did not contest the notice of violation penalties acknowledging overseeing violations did our subsequent to that we were at this point without an attorney number 6 i belive we were making progress on the Environmental Review we set a deadline of having a draft eir by november of that year and didnt meet that deadline but have at draft eir issued last year over the course of time i know the academy represented they have been working diligently well not find that the case instances i had to get directly involved to request of their attorneys to pay their bills with consultants we had failure or lack of wilson to allow site visits for historic conservation review the matter before you is the notice of violation penalties and whether or not those properties are in violation the academy not limited to theyre no violation ultimately what the dispute is whether or not penalties should or could be assessed at this point we are and have been very patient and diligent working with the xhaurmd and chelsea is here with the staff dedicated District Attorney tremendous amount of time working with the academy for several, several years dethats a great question from works on the important City Projects weve made 24 a priority the academy has not done that through their disregard of their practices to acquire properties and going through the willingness weve not find that helpful in terms of expediting the review usually changing course in the mid stream is not the best course of action and those notices went out were pleased to say that well meet the deadline of july 1st which in this case no penalties assessed on the properties im noting that is too administrative penalties under the Planning Departments for those 22 properties there are additional penalties that maybe accrued by the collected by the City Attorneys Office were speaking to the penalties that are under this section 176 process and other properties before you before and 2010 the propensity on townsend street that was the subject of an appeal we have been assessing penalties since that time is close to half a Mental Illness and other penalties that be aau cu forward by the academy why those violations and penalties shouldnt continued if we believe well get to the july 1st deadline as you may know theres a we replacing ask you to uphold the decisions as part of board rules the ability to file one 10 days at this point by my calculations it is chufdz by the board until tuesday july 5th at this time anyway and have the right to file and rehearing request if they find new information at a later time ill agree that there is no reason to continue this matter any further housing doing that would just delay the incentive for the academy to meet others deadlines on by establishing the penalties that weve ever been to have an experience with the academies were happy were achieving that only by the notice of violations so thats why we respectfully request i uphold those violations im available to answer any questions. I have im sorry, i have a couple of questions in our submissions there were copies of letters going back to 2010 and 2011 and 2012 and 2013 no responses from the academy do you know if go, in fact, any responses. In some cases we received responses in our history the academy has not been the most responsive but so i cant say whether or not responses to those those letters theyve responded to some. And counsel referred to exercise the Discretionary Authority i mean that is fundamentally what is about; right . You could with experienced another authority during the process. Absolutely we could have issued the notice of violation in 2008, and 9 and 10 if there is a preferable decision the academy would have preferred i done so but were using the process and leverage in a fair fashion we dont think weve been met with the same responsiveness from the academy. Anyone else so i look at all those notices of violation we sit here month after month the same thing someone builds a bathroom and the neighbor complains notice of violation is filed if you tells us that there is a violation and they didnt file for a permit then we take action on that and we do that quickly it seems that here is serial notifications of violations and also serial case of not handing those violations why why has speaking of discretion why has there been such a casual im looking for another word casual way of dealing with the academy when if it was me or any other citizen in this this room and we had a notice of violation that was valid by yourselves well be slapped really fast i think some of the matters that you also hear are maybe under Building Code issues life safety issues that is a fair point our policy in general to compel compliance and you know certainly the complexities of the case may delicate a longer timeline i think that is fair to say the Academy Halls abused our policies of working towards experience we you are committed to see they dont abuse that thats why we have the notifications of violations penalties with those deadlines we do acknowledge that the academy has gotten themselves into a mess with the serial conversion of properties an ongoing process we did notice with the Fire Department and others finding numerous violations they immediately addresses e addressed we tried to abate those violations like trying to compel them through the Environmental Review process to have a proper meeting to have proper decisions on those matters. I know i didnt have a question i do actually in section c they talk about that the eir and is estn are not required youre in be agreement with that do i understand. Not inspirational the Environmental Impact report is required for the projects moving forward one of the flaws from the Environmental Review it look at the baseline case the academy has acquired properties without Environmental Review and now arguing we dont need to do any analysis because we acquired those properties and converted them but dont have have to do the work you want us to we acknowledge an issue wrote ceqa and the policymakers have been clear ceqa is not an experience that provide valuable answers and helps to analyze for appropriate conditions that help the estn is a document i mean well called it at an monument it is important document that i have a copy of it here i dont think i haall the appendixs it provides the information necessary for Decision Makers to make those decision and analyzing they have shuttle with a shuttle system and found double parking or parking in muni zones and we can insure weve identified those issues and impacts their appropriate conditions necessary to aid that so it is very difficult it is clear be difficult to approve all the projects im certain the academy would like without this level of review without this information to help to inform their decisions. Thank you before we take Public Comment we need to clear this aisle if there is a Seat Available north next to you raise your hand otherwise an overflow room but cant stand and block that aisle. We will not call another case out pope e People Council u coming up to at that particular time well take Public Comment whoever wants to speak first please step forward, please. How much time. Two minutes pause because of length of the calendar and the number of people here. I hope you read my brief im putting on the list that is exhibit 32, 3, 4 my brief the xhaurmd has been flaunting the law for 25 years kept on acquiring projects since 1991 out of control when Planning Department has a hard time explaining they take no action they Clear Properties in the not name for profit, llc for every building nothing not citys records that says acquired we the academy of art i do the first two cases that closed at the Planning Department ones was saint bridges and the flower mart both of those results in hiring new attorneys pr he attorney number 3 was hired leading up to the acquisition of flower mart and the attorney that was done since then we have 8 attorneys ive dealt what 8 attorneys the Planning Department has coordinated i r you need to be focusing on what theyre asking for something you should give the Planning Department has tried very hard to make them comply with the law the xhaurd e xhaud has dragged their heels ive submitted lifts in exhibit 1 the properties they finally disclosed with attorney number 3 after they started the Environmental Review they acquired 5 or 6 properties right here. We need the overhead. On exhibit 2 they acquired 6 properties while the eir was going on mr. Sanchez is kind the biggest slot in the city ive never mets anyone out of control as the the academy of art. Im tom jones a resident in San Francisco and a past person with the cal poly i know about institutional master planning having sat on the president s council in san louis abyss the Planning Department has had a hard time dealing with the client i think that is for those are not small cases theyre an institution without new acquisitions controls 1. 5 million square feet of academic space that supports housing and commercial the 22 violations are associated with the real estate empire and the marketrate leases partly owns the bank of america building and ms. Hester talked about the attorneys 2, 3, 4 and 5 were you acquiring other three hundred and 90 square feet since the eir process started they may have a new attorney but the Zoning Administrator is kind he cant take the gloves off theyre playing a cynical game in the city it has to end all you need to do to support our own Planning Department and not take on the advice of the attorneys asking for an extension thank you. Next speaker, please. Patricia im going to talk lombard street this is an interesting case because the property had two different types of noticed one for a molt whether which there were i believe thirty permanent Residential Housing one by one the people in the residential units should have had a conditional use just left this case should have had two cus and didnt what do i tell other people that are here in the room up for cus how did this happen it is not there i support mr. Sanchez thank you. Any Public Comment . Rebuttal starting where mr. Harris. Thank you. Ill be brief i guess i have more than 2 minutes but. 6 minutes. But i wont need that i know its been a long process and lots of history were wanting to finish that line ace mr. Sanchez acknowledges that july one deadline will be met that means and believe me that review of those applications property by property entitlements requested can begin wisconsin we think that will happen on july 1st mr. Sanchez is right and if the decision didnt become final until july 5th look at whether or not this deadline a met the operative issue assessment of the penalties beginning july 2nd will indeed be mute and the other point i want to address whether or not the eir was required and mr. Sanchez says you know youre saying were not supposed look at what happened before, no thats not the point the point is whether this long delay and this longs legalization and path to legalization was necessary and whether a ceqa review is necessary and as opposed to taking up the permits along the way i think legally clearly it was not required and it is a process that what everyone says it is at the cost of the academy that is the last exhibit 8 to our final youll see 6 million was paid by the academy for this process that is required by the city thank you counselor. Mr. Harris back to the podium thank you. This is predominantly discussing the legal outlet of the instrument of planning now youre talking about the actions that that he took are illegal. What were responding to say the issuance of those nov p decisions in march and april and in fact, a reasonable exercise of discretion and were saying it is not a reasonable exercise in discretion one issue given you know the circumstances here to make that has a trigger this beginning of the assessment you know for the reasons that we state because it is stated without regard you know to any demonstration that a failure to meet that deadline there isnt but if there was no deems agency a result of any negligence by the academy. In question. Thank you very much. Thank you mr. Sanchez. Thank you Scott Sanchez Planning Department. Try to be brief a two notices of violation they dont contest theyre in violation but the fact they may have to pay penlites those are propety that have been converted decades in the past that have been used without the appropriate land use entitlements before 22 notices of violations and penalties ill note they have 40 property were aware of they operate 40 properties of those i think 34 are actually not having appropriate land use entitlements and others outside this batch in the past or in the future weve been using the penalties structures and the penalties the threat of penalties to get compliance it has since weve issued well be happy to keep this on july 1st, i see no reason to disruptive disruptive this mechanism to assure compliance may not in a timely fashion given the Environmental Review was given 8 years ago i could firmly say thats not part of city when you have a project sponsor didnt doesnt have consultants a tons continues to change the Property Description not as cooperative that is a problem most people when their coagulate to the Environmental Review process want to go get their entitlements thats United States way it is working you learn about the project and the Decision Makers make a decision on the project theyre using the properties nothing in California Environmental quality act as meant to have a that review to acquire the properties i understand the penalty are a concern the total is 5,500 a day under the planning code thats the maximum we can do for the totals of the properties if there are a problem not meeting the deadline and not wanting to pay the penalties they can stop levelingly using the property for overtime there is a method for them to address that unfortunately i mean that might not urban design the last time this matter is wrought before you there are other items assuming they met the deadline on sexual first it is a question when is appropriate next stop to insure compliance at this time we have our certification the eir schedule for the Planning Departments on july 27th and look forward to bringing the entitlements to the Planning Commission in the fall depend on the outcomes some of those might come to you either as appeals for the project entitlements or notices of violation respectfully request you uphold this decision it is fair and just and long over due. Mr. Sanchez the townsend project properties that came before us previously youre saying is now accruing perpetrates that are extensive. Thats correct. Any action from the project sponsor on that property other than being part of this process. So after that was december of 2010 property 4602 henry adams penalties are being accruing at 200 and 50 a day about half a Mental Illness weve referred the matter to the City Attorneys Office theyre looking at that has a court action at one up to this point in time we got a check settling it and paying the penalties as part of that we said you know we understand it is 200 and 50 a day well discount weekend no students and Discount Holidays and vacationed that was not acceptable to us and thats where we are with the City Attorneys Office. Thank you. Commissioners, the matter is submitted. Who would like to start. I would. So i spent a really great weekend reading the entire brief over and over it was great and tremendously educational he like many of the citizens of San Francisco drive around and the see the xhaurmd building that brought this into context for me of how this actual evolved from ive been around here for 65 years how this evolved and i was stunned and shocked and appalled i may go to the word second the services of San Francisco has been because as our government by serial activities just basically saying well buy this property and pack make to go intoe this not zoned for this and not licenses for this but well do it anyway and thats the way it is going to be that was kind of interesting and we see and hear a lot of folks as bringing in their appeals and i noticed there are utmost violations that comes as a result of a citizen complaint move on and deal with them swiveling consistently well rule against that there was one million and half square feet to go on in a serial fashion is astonishing im hocked it is city this is a not taken more aggressive action in the past of this behavior because of any of us tried it as normal citizens well gets slapped down in two seconds the final thing i respond to counsels request we push this forward im reminded the charles hills peanuts cartoon and amount times did lucy put the football for Charlie Brown to kick and he fell on his backside tha this is the joke of this process this is lucky and Charlie Brown lucy by the aclu and Charlie Brown by the citizens of San Francisco nevertheless, to say ill not support this appeal. I concurring with what commissioner swig that is in close proximity to the july one is not significant ill agree that larger than than it should you have been ive seen and heard nothing that makes me support the appeal. I agree. Is there a motion . Move to deny the appeal on the basis that the penalty were appropriately issued. A error. On those basis the Zoning Administrator never erred. We have a motion from commissioner lazarus to deny all 22 of those appeals and uphold the noifksz eye penalty on the basis that the Zoning Administrator didnt error on that motion commissioner fung and commissioner honda a reconfused commissioner swig that that motion carries with a vote of 4 to zero. With one recusal and well move to the next item we i have commissioner honda is aware hes due back in the room and again tell the folks we need to have you sit or go to the overflow room youll have an opportunity to participate in the matter youre interested in and thank the palo alto City Attorneys Office the City Attorney and Deputy Albert for participating and helping out the board on this matter thank you very much. Oh, yeah step back a good question. Okay. Well change the order have the attention of the room please okay were going to change the matters coming up next it is to be item 8 the items be reordered cal hallow association versus the on lombard street from to noriega to establish a medical cannabis dispensary in a retail use for the ground floor in existing mixed use building with the nonstructural petitioner for elimination no work and plumbing and remove the existing door and removing the streets of San Francisco doors anyone in the room and not necessarily interested in that item if youre relying willing to step out and give you our seat to someone that would be helpful otherwise take a seat or we need to have that area cleared so if youre here and not for that case we ask to please step out in the overflow room is in the light court well let you come up but not having people standing here all of you need to find a seat or go to the north light court well begin this meeting. Can we have a continuance a request for a rehearing. My client this is an has an important place to be can we have a continuance on that, please the item that comes up next. Asked important a hearing please. I agreed to this date without checking with any client i found out shes supposed to be at a birthday hearing and unfortunately ms. Hester were stacked up so the access is Going Forward and the next two weeks with packed and were over booked we had a missed session thats why the room is full we want to get through the calendars as fast and requests possibly can. Im sorry can you step to the platform. Is project manager and attorney are not here for the item interest the medical cannabis dispensary the attorney has passed a message through me that according to him will be proper to reorder at the beginning so they are not available to be here right now. But at the time it is ignoring forward the hearing starts at 5 oclock the client should be and hearing. Im pga a message. So the attorney no longer present he left. Theyve stepped out in the anticipation the other items will be heard first. Are they on their way back. Do have any idea how long it will take them to get back. Commissioner honda we can call the rehearing request ill ask you to please ask the gentleman to get here. Theyre on their way. Okay go ms. Hester youre going to call a pony item 8 and call item 5 the subject property on Market Street received a letter from sue hester requesting a rehearing versus the Zoning Administrator decided may 11 voted commissioner fung dissenting to uphold a letter on the basis the Zoning Administrator did not error or abuse his discretion the determination holder is sue hester regarding the planning code distinguishes within guest beds at the subject property we begin ms. Hester i want to make sure that the subject Property Owner or project sponsor is here recommended okay. Great thank you very much. Can i have the overhead please and overheads for ms. Hester the underlying issue of the approval of this case was it a hotel a hostile changed from the hotel and from the project sponsor says oh, weve all dealt with this because youve been talking to larkin street they short circuited the analysis done by the Zoning Administrator and the Planning Department because they didnt either even deal with the employment the employments hotel is 200 rooms not two inspires. And thats what you got if sinners not larkin street unto a letter from sin x theyre saying they had conversation that results in two discerns at the property from Market Street what ive asked for is to go back and have a rehearing what factors the Planning Department is used when making the decision as appealed they short circuited dealing with their clients in the planning code when the hotel was changed and hostile was changed into a 94 room hostile to two hundred and 40 room hotel they didnt castle with any of the required issues that are in part and parcel were asking the board of appeals to go back and look at the Zoning Administrators determination that basically was no change in the project theres a change of the project and two interns to hotels is not employments of a hotel no matter what configuration of employment there is ive never seen a hotel that operated with two interns the Zoning Administrator needs to basically go back and explain his decision he submitted nothing except no brief nothing i could put my hands on and we are asking for an additional hearing to deal with the rationale issue his interpretations that was the same. Thank you. Good afternoon commissioner honda and commissioners go this is a requester for request for a rehearing the standard before you there is new evidence that is present and theres an extraordinary circumstance that justifies it nicole ms. Hester to you in the prior oral racks made the same auctioned arguments at the hearing we discussed them and in this commission considered the findings in the conditional use authorization talk about not a condition of the approval of the project that was done intentionally Market Street can choose not to offer employees not offer interns weve offered as dictated in the letter two larkin to state department to work with them and that offer remains this project didnt have a cu requiring employment inform Market Street and no new evidence presented thank you for your time. Thank you mr. Sanchez. Thank you Scott Sanchez Planning Department. Just to go over the facts this is a letter of determination appeal of letter of determination any ms. Hester and appealed by ms. Hester on Market Street whether or not it was in enforcement with the approval by the Planning Commission just to confirm there was no conditions of approval in the motion from 2010 that require larkin street to provide those services we find that the project is in substantial conformation and appreciate what was described in 2010 didnt sounds like a pro tem program one of the factors considered by the Planning Commission but it is not adopted as a enforceable condition as approval within of the things having had the project not changed in shape or form and still the same hostile there was no obligation for them to have if that note a condition of approval so not in this case. Any Public Comment on this item . Seeing none, commissioners, the matter is submitted. The one who support the appellant and he didnt agree with the letter of determination, however, our standard of by the new information on marketrate justice would not support this. I also agree the information was provided that he last hearing the standard for rehearing is quite high ill concur. Care to make a motion move to deny the request that motion by the Vice President to deny the request commissioner lazarus commissioner honda commissioner wilson and commissioner swig that motion carries with a vote of 5 zero. Again, i need to tell you tell the people standing in this aisle we need to find a seat or go to the overflow room room we cant block that because of fire codes any update on the presence of counsel for the project sponsor for item number 8 . Why not move to number 6 okay. Item number 6 thats what he said. Okay. So well call item 6 then this is appeal number valley and robert versus the San Francisco public works burger of urban forestry the permit think vallejo street the denial of 2014 of a tree removal to remove one tree and remove one with a minimum of 6 inch box tree well hear in the appellants first. Is this a reuben, junius rose yes. Im sorry hold on second before the board will not have an effect on my decision. The board will not have an effect on my decision. Again before you bin the people standing over there leave the room or find a seat now that excludes those two gentlemen standing against the back cludes those two gentlemen standing against the bac standing against the back icludn standing against the back nclud gentlemen standing against the back wall. Is there anybody with a empty asset right hand one empty seat someone wants to tak it. Im valley my husband bob and i are the owners of 2856 vallejo have the for the past years i feel embarrassed to argue about one tree given the important matters you deal what but i love trees and love the natural beauties of the outdoor we have a situation that is dangerous to the public and neighbors 72 hours problem that will only get bigger with times as you may know there are two relatively Young Chinese elms in front of our home the block is flat the homes are builds on asz a hill that reaches to green streets our driveway slopes stoop and those two trees are dangerous theyve matured as they drop thousands of tiny leaves that make the sidewalks slippery and clog our and our neighbors storm drain at the because of driveway those clogged drains are caused multiple flooding of your garage and our neighbors garage we applied to respective those with two magnolia trees and were denied permission. Im sorry to interrupt i want to make sure that mr. Burke buck is in the room. Following the San Francisco public works authorized the removal of east tree by denied the removal of west tree the east tree has phenomenon removed because it leans so dramatically into the street that cars sometimes drive into that we are here today to appeal the denial to remove and replace the west tree we understand that the policy of bureau of urban forestry to obtain an established tree, however, there be many factors to support the removal and replacement of this west tree chris buck sided with us and confirms the continues the youre talking about is with me to answer any questions you may have first leaving the west tree will not solve our safety and reliability concerns magnificent numbers of leaves b will continue to creates slippery conditions a heavy traveled pedestrians pathway were on the way to presidio the leaves will cause flooding in the homes and our neighbors our neighbors the larsons are here in neither san jose submitted a letter explaining the Hazardous Conditions the west tree creates for them they are afraid to go away in the winter fearing their garage will once again flood and be dpajd no other miles an hour to prevent the slippery conditions we prune twice a year and sweep the more we prune the faster the branches and leaves grow no way to put a protective screen to prevent closing the drains cover the widths of our driveway and neighbors driveway we are afraid this situation will only become more driveways and a as the tree is the heights of our third floor and double in size in addition there are streetscape concerns if ear not allowed to replace this chris buck says when we plant a new tree in the etc. Tree location that will languish under the common place of the west tree it is blocking the sun from the west hes understands that moving the east tree is not feasible. Excuse me maam, not lean against the thank you. Removing the east tree is the location of entrance to our home in addition a beautiful 50 plusyearold laurel tree it drafrd by the canopy of this west tree and that condition will worsen it is our hope youll allow us to the west tree to be removed so we can start over now and replace the east and west tree at the same time what 36 inch box sized magnolia trees approved by our urban forestry because of the larger leaves will not clog our drains and cause flooding and cause slippery and Hazardous Conditions and flourish and beautify our streets all the neighbors support us thank you for your time and consideration. Thank you. Good evening and thank you for having us speak im roy with the consulting arborist that works with the ladies and the gentleman the tree in question is large but still young and growing very quickly we have other examples of those trees in the city and they overar overarch arc major roadways a semi or semi evergreen tree they produce a lot of leaves and they shed leaves all year long so all of the leaves on the trees will shed during the course of the year and grow new leaves in the midwinter or Spring Centers a perpetual problem and therefore probation officers a poses problems i want to make sure you have an understanding the nature of the tree and why it is, in fact, a bigger nuisance than a lot of the other trees thank you. I believe your you planted those trees. We hires an arborist he said those trees will nodded grow and not shed leaves and we obviously made a big mistake the problem we made a mistake he realizes it now theyre growing aggressively and the problem is not going to go away thats our problem. No trees there before. Yes. Two small dead trees they had to be removed because they were dead. Okay. And youre satisfied that magnolia trees will be a good replacement. Yes. Im satisfied our arborist looked at the neighborhood and lots of beautiful magnolias and many of the neighbors have them they dont shed leaves. Okay. Thank you. Well hear in mr. Buck now. Good evening, commissioners chris buck with San Francisco forest we received an er urban application for the removal them two chinese elm trees at the staff level we denied the trees for removal and upon apparel we approved the tree to the east and denied the removal of tree to the west and went head and met point Property Owner and their representative from reuben, junius rose to look at the drain and looking at in the driveway to affirm the site conditions ill show one photograph at the, have the overhead thank you. The tree only the right is approved for removal the larger tree on the left one of the assumptions we approved tree one important removal that will be further away from the subject tree that is opposite the doorway during the site visit we were informed from the Property Owner that they do have elderly participants that park and exit their vehicle opposite the doorway in 0 prohibition from planting trees opposite of doorways it is fair to august in this location a rather formal entrance to their doorway removing the replacements tree for tree won is not an option the Property Owner asked me removal of one tree replacing of one well prefer to keep the larger tree and the reason is the eco System Services that larger trees provide i believe the appellants done a good job maintaining this tree and reason approach to the removal i listens closely to their concerns as a departments we have to stick our our proposal that larger trees provide Better Benefits that appears that the tree was plant about 18 years ago the tree can still be there many, many decades and will continue to get larger the issue is focused around the fact the leaves are gathering in the drain located down the neighbors and their driveway ill admit replacing this species with the magnolia tree is one way to address the issue he know that seems like an obvious decision to you but again, we just have to look at how many benefits are we losing by approving larger trees for removal ma many folks love this tree and in this case, we dont have many good options to offer up to the Property Owner weve visited adding a screen to the drain will create a physical tripping hazards to the neighbors there is a Side Entrance on the driveway so thousands not an option not practical to conclude we have to be consistent and try to encourage people to deal with leave dropping as an issue in other ways the issue is the leaf drop issue no issues of Public Safety beyond that to be consistent with how we handle cases to deny the appeal and uphold the denial of the tree removal application. I have a question mr. Buck so considering our calendar and agenda youre telling me the city policy not to remove large canopy trees. I can qualify that, of course, reremove large canopy trees whether there is a keeping you informed stabilization of trees in severe decline when we find a tree that is relatively health and safety the policy not to remove if it we have a project taken 15 years to approve thats a different story we approved tree number one is leaning in the path of travel you, you cant pull a van up against that curve we acknowledge that we approved one the two trees for removal but tree two is in too good a condition to approve at the departmental level i should have concluded i believe that replacing the magnolia will reduce the issue we could replace both trees with two 36 inch magnolia trees ill not have a rebuttal if this is the decision of commission in light of tonights agenda. Thank you, mr. Buck okay Public Comment on this item pigmented please step forward and commissioner honda are we looking at 2 minutes. Im the neighbor to the west. Im sorry speak sweet spot mike. Im the neighbors to the west we have to constantly it a steep driveway we went to the stream of putting in rough stones so we will not slip it didnt work and installed another drain at another expense we have to go out and lift this drain it is instant you know, i would say that those are really Good Neighbors and Beautiful Trees down the street magnolias their gorgeous it seems to me that would be up to the community in the neighborhoods to have a Beautiful Tree someone is willing to pay for that. Do you care state your name for the record maam, next speaker, please. Trish weve recently had a big fight on a tree on richmond avenue where it is digging up the sidewalk literally 12 inches above the sidewalk and the departments has told the neighbors that we cant tear down the tree and then i hear this case and the other tree a much more serious case of healthy and safety i wonder in mr. Buck a capricious with that, i suggest you look at the records how theyre taking away trees in one certain place and not those are is there any Public Comment seeing none, well have rebuttal starting with the appellate. Nothing further . Okay anything further from the departments okay nothing further commissioners, the matter is submitted. I would think that i would take mr. Bureaucrat on his offer to accept the two magnolia trees that will be in the interest of the landowners i understand the citys policy at the same time is a sometimes real life trumpets did i say trump. Stop. Sometimes i think we have to use common sense and wisdom so witch to make the right decision so as mr. Buck will approve two magnolias ill suggest that we find for the appellate. Are you with the exception of his recommendation of a 3 of replacement box a breach. Thats my comments last year others. Obviously im for big trees but ive adapted what the fellow commissioner have said in that you know with the burden being on the Property Owner so i appreciate the compromise ill vote for a tree removal. Thats what he said with the replacement. Theyve offered to replace that. You said he will install an inch box. Is that your motion. Thats my motion. So the motion then commissioner swig is to grants the appeal overturn the departments on the condition that both trees are replaced with 36 inch boxed trees selected by the department. No magnolia suggested by the departments. Okay magnolia trees on the basis of that. Same thing. It promotes okay so then a motion if commissioner swig to dproonts the appeal and over turn the departments on the condition both trees are replaced with 36 inch box magnolia on the basis it promotes safety commissioner fung commissioner lazarus commissioner honda and commissioner wilson okay. That carries with a vote of 5 to zero. Mind if we take a 2 minute break. Okay leave when you leave, leave when yoof appeals meetinappeals meeb tuesday, june 21, 2016, greenback on the board of appeals i appreciative people that dont have a seat go to the overflow room room in the light court well give you an opportunity to participate in Public Comment youll listen to the proceedings from that room we feed to clear the israel to proceed. Were going to return to item 8 if youre not here for item 8 and willing to give up our seat that would be appreciated. The representative for the appellant to please step forward whoever is going to speak on behalf of cal hallow step to the podium. Madam secretary have. Called it i wish to disclose ive received a call if mayor ed lee expressing the proximity to the two hour projects. Thank you were going to begin as long as the gentleman starts this timer can you please start of timer well begin thank you. Commissioner honda and Board Members aim president of the canceling hallow association and mother raising two daughters in the cal hallow area the association represents over 3 hundreds and 50 pedicab households in the 35 block area before pacific to lombard since 50 years i want to state the cal hallow association didnt have an issue are medical marijuana the hundred testimonies youll hear this not our issue that is perfectly fine we do not have an issue are the Business Practices youll hear lots of people talk about a Great Organization we have no issue with with that we have filled this and stated pubically not oppose is one thousand feet from the many oth authorized store locations in the north San Francisco a positive beef for the lombard to today theyve inquired off other possible locations eve theyre made it is simply impossible theyre not willing to rent to us everyone has no struggle we ask the organization if they have any telephone records that might support of claims of refuse of all mcd property the answer we could a have yet and this is an Affordable Housing for history of housing insecurity that neglects the information on the Mayors Office of housing and Community Development website on the question whether resident are not limited to that Substance Abuse issue with the edward the second and the larkin can speak to this the e hypotheses camper harmed the thread to defund and hold the disclosure if there were thats to the community and saying theyre the protector of the residents this is not true cal hallow gave up their premises when it will be approved weve for the asked to defund edward the second we hope of any organization and years before the apothecarium appeared we thought that edward the second would be comfortable by a benefit with larkin that prescribes the working relationship and we need walk and roll the apothecarium said those rules are all Community Housing partners not our rules finally the apothecarium go says the settle requires to coordinate for the cal hallow and opposing any mcd not one word that every can be construed to mean that is it is surely untruly true youll hear are missouri ambassador that that we dont oppose medical marijuana dont question the best practices we dont oppose looking out an mcd in our resident were at risk and taken care of the young people and no commanding reason why their mcd should be across the street from the one and one door down from the other there is very substantial support in opposition from the new neighborhoods that is directly impacted by the mcds this board has the ability to deny this permit we ask in the caliber of our wise discretion that you do so thank you well hear from the permit holder now. Good evening Board Members ill ryan i cofounded that apothecarium 20 years ago we didnt know the deliverance would be near each on the owner of edward the second hsa have 11 budget in San Francisco and 5 of them within one thousand feet much closer a football of other dispensaries a map on the overhead the academy of Art University hypotheses has at risk for youth and addiction no problem the church as written us in support were across the street from the Marshall Arts studios and letters saying were Good Neighbors and close to 3 Public Schools their closer the Marina Middle School and are to the sites in the marina once again no problems this appellants briefs sites not problems with Supportive Housing near that i sympathize with the medical cannabis it new to the marina but not new to San Francisco ive lived there in district 2 for 12 years the vast majority of our patients are seniors come inside youll see gray hair no patients under the age of 21 and no deliveries and offered to pay at Edward Foundation and people suggested it is easy to find a location for medical cannabis dispensary in San Francisco we had to buy this this few owners are not willing to sell we have more than 26 hundred patient on the north side of town that need their medication the survivors and grandmothers shouldnt have to take two bus trips to speak with a professional about their medication thank you. My name is sarah im here to talk about why our patients need their medication dispense in person in their neighborhood i never it out ill be a medical cannabis with stage 3 colin cancer during my therapy id spend time for the place today, the patient consultant and help the patients to navigate the same journey who are suffer like me when our fighting for your life it is not easy to travel crosstown by the time wrote no person use cannabis or disability should have to travel across town for medication Patients Need Community advise that didnt come with delivery Cancer Patients taking their medication are not a threat to to children the stigma is not surprising the more than marijuana was born in the crisis the stigma that surrounded people with hiv and gay men the fears and excused r excuses stay the same only the targets change. Rick gladstone for the project sponsor it is fairly known this will not have smoking and Substance Abuse and food prep and consumption or growth of any products you may not know that formal medical director of the hospital was hired to be the medical director information physician for the apothecarium and will be providing information to the patients to answer questions from the patients todays medication are over the governor successfully passed a bill that will require that the medical Cannabis Patient be written prescriptions by their primary physicians and things 53 have changed word is not gotten around and cal hallow represents the neighborhood i know you were not sure if you look at the boundary . From their website it shows simply didnt cover lombard street not a sprays no neighbors this residential neighborhood not commercial there is a commercial Neighbor Association lombard merchant have chosen not to take a position remember that whether the edward the second came before the city 48 socialization of lombard cal hallow and other today only one Neighborhood Association opposes it and it is the cal hallow i think that tells us something about representation of the whole neighborhood im not sproipd one left that opposes the statistics show that prop 215 when it passed 76. 9 were protestants voted and legalized medical marijuana and, of course, you have a at least one and 40 letters if people if the northern portion the city mostly this area in support of this site it is important that you understand this is not a residential area this is a Commercial Area it is Commercial Area that actually is seven hundred and 50 feet because when you walk from cellist nut to the far side of geary youre walking seven hundred and 50 feet this is not a residential neighborhood in fact, some residents lives love commercial in that one where few residents live above commercial the smelliest of the commercial district a great deal of noise and containing residents think of where it site it simply in the in a residential neighborhood and, of course not within the boundaries of such association thank you very much ill leave the rest for rebuttal. Unless that clock is wrong ill continue. Thats correct i have a question so in the location that you choose on lombard how long of a process in negotiates with the landlord. Ill let any client speak to that he is the landlord he would rather an landlord but the government can exercise forfeiture of realtime and whos the owner. He is he found people willing to rent to. That answers any question the next question how long did you look for locations in the cal hallow marina area. I looked for more than two years and typically involved with the green zone map that properties were potential business maybe going out of business for example, are for sale i did that every saturday for two years before we found this location whenever we find a location for a lease we called the owner or whoever on record the first question unsurprising whats the intended use we said medical cannabis dispensaries not only were we are one of the 15 that called them they should no way no thanks this was the end of that once we got the letter of determination that qualifies. Further than im and this is relevant to our question we asked did Zoning Administrator for a determination of this site in the green zone wanted to make sure because of the location it was good do go speaks for itself we got the green light to borrow money from friends and family no other option for us that Zoning Administrator the letter of determination in your packet came in june of 2014 and addressed several the issues that cal hallow it concerned with not appealed by way of that was an opportunity for an appeal. Please then we have to give equal time to others the question so do you work with a realtor or do all the reality transactio we worked with a realtor i did did initial compact how hard did you look and what i know as a realtor myself we make phone calls and followup with emails do you have emails in other locations youve looked at. When there was an email as you may know typically a sign with a phone number thats the indication i was not writing down or keeping a log my wife a could contest ive walked the streets of lombard and other parts of city. Riega, llc is that correct. Thats the stylist not. Youre not noriega, llc. Someone in the city mixed that up the, llc. Youre not involved in the potential mcd on the industry. We are were probably going to be withdrawing unfortunately. Thank you. Youre welcome. Mr. Sanchez. Good evening Scott Sanchez Planning Department. I think that both parties will have a thorough discussion just to highlight a few pots the subject project within the rh3 neighborhoods commercial moderate scale one of the most intense commercial districts we have so the history of this project is a letter of determination request filed in april of 2014 prior to whatever the sale of the property to the owner they sector clarification based on the property is eligible as a medical cannabis dispensaries we reviewed the records accident a search for Properties Within one thousand feet and found it eligible from the planning codes to allow the medical cannabis dispensary to be clear in the subject for the commercial district and most District Medical cannabis dispensary are allowed as of right their point of privilege permitted use not a cu not meeting the necessary and desirable uses it is allowed as of right of certain requirements with met so under the planning code the main requirement under the section the parcel containing the mcd cant be one one thousand feet of a school are communities facility and recreation facility and not located on the same parcel providing Substance Abuse that certified by the state of california and no alcohol on the premises for on or outside consumption and adequate ventilation and under the requirement of the health code in this permit regulates the land use a permitting process that regulations the operator of the property and so this is to an entitled property to allow the medical cannabis dispensaries theyll have to meet all the requirements of department of health so in reviewing in the letter of determination the parcel is eligible theyll go through the discretionary review process a marnd here like other uses we send out a neighborhood use and in this case we have a public hearing noted people they can cockamamy other hearing of last year staff recommended that we the commission take discretionary review in order to prose the conditions and thats the standard for review of the medical cannabis dispensaries because to order the condition to permit the project i think there was initially a vote to deny and that was a 3, 3 vote not prevailing had no other motion the project would have been approved as without any conditions that the staff requested incorporated so there was a subsequent motion that a vote of 4 to 3 prevailed and 4 to 2 prevailed and imposed the condition if staff asked for the three theyll not sell to anyone under 21 years of age and no delivery and other conditions with regards to the liaisons so to the location requirements i didnt see anything in the brief detesting that they admit the property meets the planning code as you know those matters are not able so while we have the Decision Commission the decision of the commission for the matters before you to take into consideration all matters that are discussed tonight we have reviewed this the department has support the Planning Commission remain supportive of project and respectfully request you uphold the conditions imposed on the project a couple of things in regards to why the green space map that is a preliminary review and the reason that all parties request the determination to be Site Specific there are any facilitates we have a good map of private and public secondary to generate that green zone map but when it comes to facilities for persons under 18 years of age like the 8 spaces note it is a good guide of a possible location in a green zone not all are available we get requests and gotten a cough this week we found a location and have informational information their Community Facilities not eligible i issued one for a properties on geary in terms of other mcds in the neighborhood it is true that the northern part of city is not well serviced or served and concentrated along south of market and ocean avenue that developed there was one in a few areas proximity reminders right now allow stae theyve over concentrated to limit this and it requires a conditional use authorization so weve reviewed those those are 0 not qualified as a state not serve the folks under 18, 18 to 24 one other thing to note the map with the Property Owners brief they show other mcds in the neighborhood advertised one no longer in operation that is 900 block of geary it was formally not one showing on the map but in operation that otherwise will serve those in the northern part of city we dont see this rising to the necessary and desirable that denies the project and respectfully ask you deny the permit thank you just to confirm no letter of determination with our letter. Thats correct at ts as noted we have a standard copy to the neighborhoods groups that are on the mailing list to so that prompt in the marina that would have been about those letters of determination dont put too much weight behind them. And any other question instead of find conditions the Commission Imposed on this one are those typical of others that the commission has ruled on. The bulk are depend on what was unique perhaps is limitation on the h sales in other cases we may have limited deliveries but that is usually this is the first time we limited the communities deliveries. Would you august that age limitation why dont did they alter that. It was something the volunteers this to devest the concerns the neighborhood that people from edward the second will right away vail themselves. Is that condition enforceable. It was imposed and the project sponsor has agreed our department will do our best to enforce that continue con t and if in their violating that well enforce the condition. What would be the penalty the enforcements. Would be through our typical enforcement process of enforcements notice and theyll having to demonstrate theyre in compliance and not violated that requirement or face penalties if they continue what is the penalties. Up to 250 a day additionally ill note this is unique we have paycheck and the Planning Department were finding their violating the conditions of our approval and we can make the request to the public there used to operate is revoked and again concerns about our enforcement processes but i think there may be more mechanisms in compliance. One last question so the concern in the youve mentioned the california compassionate act would that in creating an agreement with the Planning Commission or your department would that super seed how enforceable is that. I mean, i cant speak to the legality of the condition i can on this state we will enforce the commissions condition. Maybe thats a question i should address to the City Attorney. On page 2 of the appellants brief they state a california compassionate act proposition 215 that says that you know anyone over the age of 18. Weve looked at this issue preliminarily it is important to note if so a wrieks on the Business Activities that provide not a rule that would purport to limit a persons under the age of 21 from objecting medical cannabis so we dont feel that that particular line would met this permit urban enforceable. So its enforceable. Yes. Thank you. Thank you. If you dont mind madam director before we take Public Comment supervisors from that district is actually here. Sure i want to see if inspector duffy has anything to say im sorry supervisor. Commissioner, i know it is appealable a Building Permit but more to do the Planning Department from the commissioners have any questions about the building issues ebt to address them other than that the permit was a form 3 permit that was a typical change of use for a commercial project that we see it went through an particular case 2015 and issued often the march 2016 and suspended in 2014 that was routed through the Planning Department Fire Department, dpw the Health Department and the Mayors Office on disability and through the plan connect k context gotten the proper process of commercial for a change of use okay. Thank you. Thank you, supervisor. Good evening, commissioners. Thank you for having me i appreciate youre in the middle of budget negotiation were about to a good deal of do you think im coming here to speak to you im in opposition of this project but i want to outline a few reasons why first of all, to talk to you as a supervisor of this district the project sponsors came to me years ago to ask about this location i was skeptical given the location itself that i thought given the recent turmoil around the second neighborhood perspective working with the neighborhood groups and not having neighbors fight against each all the time in San Francisco it would be a tough project i said ill be more happy to introduce to everyone in the neighborhood and spoken with folks they can create a project that whether not endanger the neighborhood unfortunately over time this is unfolding why you have hundreds of people in Public Comment people that is exactly what we shouldnt be doing in terms of authorizing businesses like this that causes those types of fights in the neighborhoods this is a a periphery as a parent as well you know to put an mcd in the let me go back to, e be a supervisor ive told people im friends with other mcds in other parts of sdpo San Francisco if you want to go to district 2 this year r there are in the exact location is inappropriate youll hear about people from the briefs and so forth we went through a significant process with that project that was a project i voted against but literally the next day committed to and during that period of time to Work Together with chp and others to make sure that was an incredible project and for can i see to go through as multi year and have another fight literally across the board were tearing the city apart i dont think we should do many and second of youll as a parent were thinking about putting a mcd next to a kids karate studio the school itself not one the boundaries of feet by the laws but to me is the wrong Location Agency as parents and lastly unfortunately, i have to bring you think ive never had to do that some of the best practices of the peoples associated with that the two main project sponsors i have respective for them i understand they offer a Good Business in district 8 no issues but two things have happened over the last twentyfour hours that i still canned belief happened one of their advisors michael sued me i put in project was somehow anti lgbt that is the notice disgusting and bad thing ive heard in any time as a supervisor in the board ill take undertake for instances that i take but to create an out right lie he called a newspaper to make it look like myself in report to the email the Cal Association sent out it drummed up as a anti lgbt it is the most offense thing since ive been on the board of supervisors and the attorney for the project sponsors calling up my colleagues saying im trying to intimates people it is an out right lie and is best practices they do here inside of city hall from in any perspective those are not the type of people we should be awarding with business permits it is dispersonable how although some people are billing i willing to go im communicating how offered offend but give people permits i appreciate you taking me first during Public Comment and i know it is going to be a long evening ill urban design here lastly, thank you. Thank you were going to proceed are Public Comment and give everyone two minutes given the volume of speakers like to see can we can see a show of hands of how many people wish to speak. In the room that plan to speak we also need to make sure that the folks not in the room well start with those in the room i recommend certain groups of people line up on that side of the room and the first person come forward if you havent filled out a speaker card so we, accurately include you in the minutes. Secondly, were losing a commissioner commissioner swig has a previous commitment thank you for coming in please be aware a overflow room with people that want to speak ill appreciate and everyone has the right to speak but not for everyone to repeat same thing over and over and over. Okay first person please come to the microphone can you put our hand on the left corner of that table the first person come to the microphone and the rest of people line up where the gentlemans hand it forward, sir please step forward. Two minutes go ahead. Requesting im terry im on the board of directors of the larkin Street Services and wanted to thank you for your times i want to represent larkin Street Services to express our concerns regarding the request of the apothecarium to set up a medical cannabis dispensary edward is a Supportive Housing facility that attendants are clients of larkin use services their Homeless Youth from 18 and above the program at edward the second provides the young people a stable place to live along with programming and support around the education and employment and wellness to their prepared with the skills they need for success as adults the young people at edward the second are vulnerable was of the traumas theyve experienced earlier in neither lives one way to provide the youth with the best chances of future success to protect them from possible threats those threats are those posed by an mcd less than 50 feet away from neither front door the mcd sites being proposed actually is directly across the street just like School Safety zones for those school angled children we believe is a similar zone should apply for the youths programs this will help sure were providing a safe and supportive environment we are you work to oppose the request from the aau comer. The sheriff has asked to go to the light court. I was a chief officer until june of this year and working with larkin in a advisory capacity basically support everything that terry said and strongly urge all ever you to oppose the request from the apothecarium and supervisor made a good point when he talked about the apothecarium. Thank you. Next speaker, please. Attorneyclient im robbing a resident in the marina my son was also goes to the karate studio im not opposed to the medical cannabis dispensary i dont dough u doubt did benefits i know both of my parents are cancer i get it this not about picking a operator but a locations it took us a year to see everything that the crime on the street and finally i see an dispensary next door the area is improving by itself youre going to hear one hundred people to tell you that everything about the benefits of cannabis and talk about how great they are at operating the medical cannabis dispensary in castro i agree i have no issue i know theyre good operators but that didnt mean theyll pick the location in our neighborhood thats the only criteria for this the only one they bought or wanted to buy i dont know the answer like i said weve highlighted some of the things theyve taken and we are parents with concerns for our children what you dont want a drug outlet next to the school or across from other places the parents expect the protections as stipulate by the regulations we count on those protects we hope you will too thank you. Next speaker, please. Im a resident on district 2 im a patient having survived aggressive scion cancer and mother and now grandmother i speak as a medical social lost where a ph. D and a National Institute research are and an experts on the issue of teenagers and marijuana 1996 when prop 215 passed any children were 12 and 17 though i responsibility patients right and understood the value of medical marijuana i worried about increased availability and increased use among nonmedical populations especially teenagers yes, sir my training as a medical associate lots of i think so my neighbors fear but the reality all over california and nationally the presence of well run mrj dispensaries such as the apothecarium has not had increased assess by minors i urge you to reject this argument which is based on fear and misinformation and rely instead on science in making our final decision im happy to provide further information as you move forward with our deliberations thank you. Thank you a quick question. When you say data what data are you talking about one of the things ive been thinking about this sort of the kneejerk relax if the facility is nearby the kids that is their endorse and use of that their vulnerability to it i wonder whether it is correct ive not seen anything that is informative. Since the passage of the property 215 and the recessional marijuana in colorado and washing and organize organize and alaska researchers of areas that contain dispersonalities particularly mrj dispensaries the old theyve found in the studies that criminal didnt increase in the neighborhoods and there wasnt more assess by young people by teenagers they cant get in. Is have they been peer studies. Have appeared ill be happy to. No, no but appeared. I dont know. Thank you. Next speaker, please. Good evening. Im stevie have a son which is two doors down from where the dispen my son is going through 3 and a half years and now 14 years old what he has gone through from scott and lombard this place is there for more than 15 years the people knew and ignored the fact you should consider the kids with the space we have been in that place for can i see i hope you consider for the kids that go through that place in the future thank you. Thank you. Next speaker, please. President and Vice President and commissioner my name is stephen im a resident of the marina im doing go almost the impossible in the city im raising 3 teenagers and thats did the were leaving im staying i urge you to oppose the mcd at lombard my old daughter 16 has been a member of do joe for almost 8 years pursue and once again i urge you to tie in San Francisco the communities has input im the community and saying no, not about Business Practices and any of it it is i think compatible with our community thank you. Next speaker, please. Hello my name is tammy and this is my son connor 10 years old he attends in the neighborhood and we live 3 blocks away from the proposed location hes also attended the usf since in a kindergarten and he loves going there and he is begin a little larger he was looking forward to having him walk to the studio alone ive not been to do and finally heres the chance to let him go to his second home 3 times a week but if the mcd opens ill not let him do so i mean above Everything Else im opposed to the mcd thank you thank you next speaker, please. Hi, im a resident the Outer Richmond were one of the two muni bus families this is outside of one thousand foots radius the bus stop happens tobacco the closest bus stop to the mcd location a number of residential children having to wait unsupervised so oil opposed to this location i dont get to see my children go to school if provide transportation this is an extension of the school and the association thank you. Thank you next speaker. Good evening my name is angela this is my 11yearold son an parents of two children attending school a couple of blocks away taking a muni bos bus at the bus stop i oppose mcd thank you very much. Thank you very much. Next speaker, please. Sir ladies and gentlemen, everyone here i feel horrible. Please address i feel horrible that everyone has to be here today, i appreciate what medical marijuana has done for the community and the city and has done to the United States it is a big step i am the School Owners a couple of doors down from the approved site i oppose it myself ive seen the families developing over the past 20 yors at this location and seen the clientele and the families structure change that is a city i wanted to be a city for children it is a great city i want to be something that parents feel confident in raising their children and developing the understanding that the city will take care of question marks and neighborhood blocks and take care of the things that will help some people but hurt other people today now more than ever we have a youth and teenage basis it is bring out elmore anxiety and depression and more kids turning to things like medical marijuana because it is a available i i dont want to be a system for challenging that but hope as well as developing families and friends neighbors, businessmen, businesswomen we can Work Together it is about the neighborhoods the community and everybody pulling together on this i oppose the mcd location and i implore you to consider it carefully. One question does the owners of mcd come up to you prior to purchasing the building eventually. I found out they purchased it after the fact. Did they approach you have they approached you. About purchasing it well, prior. Did they come in and talk with you. Thank you. Do you care to state your name for the record. Mr. Collins. Thank you. Next speaker, please. Good evening thank you for hearing this issue aim matt im a resident of the marina and the father of a karate studio student and a student myself my daughter is 14 years old and been going through more others last 8 percent years i oppose the location of this mcd i dont oppose mcd in general as a concept i understand this particular location one or two doors down from the karate studio is just incompatible and i speak on behalf of the rest of my family who are not here this evening thank you very much. Next speaker good evening. Im ann im an employee of larkin street and speaking on behalf of myself eye the executive director who had to leave i work in the capacity of a Program Director and urging you to oppose the apothecarium it is across the street from the edward is second for youth as young as 18yearold theyre vulnerable because of the trauma and other things and protecting the youth from some such close proximity is a practices the Program Gives the i dont even know people the opportunities to have a stablg place to live with access and services with a positive transition around youth and goals for skills for needed skills for adulthood like School Safety zones for school angled larkin should apply to the housing programs wheeze committed to have a supportive environment for the young people. Thank you very much. Next speaker, please. Good evening thank you for giving me me to time ill david a resident and homeowner for nearly 40 years im a medical Cannabis Patient using it for blindness for glaucoma come not everyone ask is fortunate if i didnt have glaucoma come id be blinds ive heard threats but not seen any substantive evidences ive read the brief theyve not had any evidence not one Police Incidents they have not shown any substantive evidence that medical Cannabis Patients were the people that will go to the disdarin im not a threat to at risk cults and no evidence like myself regardless of how would old or male arrest female are threat to the threat to children or yet at risk adults ive been a High School Math teacher for 40 years he want you to know i have a great relationship and exemplar in my clamor and wish that the commissioners here tonight will understand that medical Cannabis Patient that come to the marina are not going to cause problems and note point appellants beef in substantive prove that any dispensary has on a problem. Sir, do you live in the marina. In the castro district. Thank you. Good evening commissioners im Michael Cohen ive been a resident eye homeowner for 46 years this argument were having about children reminds me a grateful what happened that ani. And gay people were told theyre the scum of architecture and hatred and vilified for years and years and years and look at it what gay people are done in the castro weve made that save for heterosexual people to raise in their children in our neighborhood weve improved the neighborhood. And what she the she vilified us the same thing with the medical cannabis dispensaries it is about how well run the medical cannabis dispensary is and the apothecarium you cant find and better dispensary well run no complaints theyre no issues and truly an asset to the marina and i predict when he when necessary come into the marina in years ahead look at as icons in the neighborhood thank you im sorry what district do you live in. I live near the apothecarium in the castro district. Thank you good evening im david im the parents of a teenager daughters we live in the marina area my daughter is not a member of studio but frequently walks past the mcd location and were concerned about that a couple of quick thing the cal hallow liaison for the edwards two project to hear people say no coordination is a complete falsehood i meets every quarter with the edward two a Good Relationship not about socalled enemyism not about people from the castro to get their prescriptions filled i will ask you the following question could you pick a worse location for a mcd than the one proposed yes. That is the bar that is right next door to the promoted mcd it is across the street from the edward 2 larkin Street Services have indicated their evenly opposed to this ask yourselves or the the city rejected a pet store on lombard street now being asked to approve a mcd across the street its up and down and why families are leaving San Francisco this is an example thank you. Thank you. Next speaker, please. Thank you my name is a rachel mirror im a parent and the children use the Public Transportation and other children with younger siblings that use the mode of transportation im opposed to the project i also want to mention this medical cannabis im not opposed to medical cannabis we looked at what is happening in colorado the livelihood this is a medical cannabis that should be take into consideration as well i want to say im involved that child safety and no long time studies about the im getting studies of teenagers under 25 using any kind of marijuana not a lot of studies is it so not supposed to be good for the developing brain but in terms of problems in colorado have reselby you younger people buying the marijuana and reselling to other people underage that is happening in colorado so im opposed to the project thank you. Thank you. Next speaker, please. Thank you my name is valerie and i live in distract 2 im a pediatrician and a mother of 4 children one of whom goes to lillian and as a pediatrician id like to say that marijuana is well known as a gateway drug and particularly hazardous in younger teens who may represent some of the concerns as a mother id like to say that may have four children my two oldest graduated from willful january i cant think and had the opportunities to take the 43 bus to get to school and home and through that experience were able to use the transit very well, they feel comfortable getting around the city by transit any thirds child didnt take the 43 bus and not the skills in taking the bus and getting around the city i note that she often winds up driven or less alternative transportation to Public Transit any youngest is in the fourth grades when they say in the middle school i look forward to him taking the bus i oppose this mcd location and hope ill be able to and ask you to help maintain the neighborhood as is so others children can take the bus. Thank you. Next speaker, please. My name is michael this is a new experience for me, i sat on is Airport Commission where our sitting for 13 years and now have to speak to you. Im quite surprised at what 0 goes on it seems to me were hearing the same campfire fear spreading going on in our nationals election the those of you who are really interested and im sure you all are visited the apothecarium on Market Street i cant building that you have to worry about can i see walking by on their way to take a bus it just floors me to see that a gaud at the door as soon as you get past the door you have to present a marijuana card which has been researched back to our doctors issuance of prescription i was in there did other day not a marijuana yours i was looking at and preparing for this meeting and frankly none under thirty theres there no children effected alcohol is easy to depreciates e get and age of 18 marijuana isnt i strongly recommend in that marvel addition to the neighborhoods is permit. Id like to read a letter he live 6 blocks in the dispensary and have children we are Internal Revenue supporting it and did go to see the other apothecarium i suspect most people have not gone theres a gaud at the door and have to show a valid medical marijuana card they check it through a computer and the saltz are done at the back of the store is very quiet none it loitering outside this is what the facility will be as well im much more concerned about the liquor sold in the neighborhood and concerned about the edward the second kids getting liquor at 21 but were cant get dot dispensary and until their 21 and have a card i took a stroll down the street and saw the bridge molt are trash and beverage with trash and the bids from the cleaners and two vacant lots with a mattress im not sure this facility will be bringing the neighborhood up. Thank you. Next speaker, please. Good evening commissioner my name is john farrell and ive been a marina resident for 47 years living over is broderick street and active not communities i was in the first nert class following the earthquake and have been active on served two elected term on the Marina Association several months ago i wrote a letter in support of apothecarium at that time it had been a novel enterprise for the neighborhood and whatnot and based on the information at the time i supported it i at this point wish to have you delete any berry or letter from the package in support of apothecarium and note that my im withdrawing any support from the apothecarium it is based on at least two solid reasons one is at the time i did not have a good sense of pulse of the community ill still active in 3 grandchildren we go to all the ball fields and local schools and this has been very much in discussion so based on that and also the offenses that my son who im proud to say the supervisor here related to you about the activities of the management of the apothecarium so i urge to reject the application of apothecarium thank you for your time. Thank you. Next speaker, please. Im sorry can you speak into the mike. Yes. Im barbara i live a couple of blocks away from the proposed site contrary to what mr. Hudson said we live in a neighborhood and have two grandchildren i brought an overheads. Yes. I brought an overhead to show you what in the general vicinity in addition to edward at second the marshall local Marshall Arts facility mr. Hudson mentioned people wants smoke son is premises that is one of the regulations i cemented that not accepting the medical marijuana im a biologist we all live several hundreds feet away i have experience with my children being exposed to machinery smokers near a facility i oppose this location this is specific location because of reasons and so if you look at the overhead we have the little gateers preschool and the preschool on lombard street sf art that has in the cal hallow playground all within a few blocks of this location so i wanted to the board to consider that. Thank you. Next speaker, please. Hi, im sarah i share the zip code with the proposed location and work with many families in the marina as a family coach a member of the Junior League and an Affordable Housing i didnt do runner i finished under four hours and practicing with medical marijuana whether i think of the apothecarium communities and charity and my dad First Community when i visit the castro store i know their face they know mine i feel safe walker on to block and this is a more than i can say about that location im scared of the City Hall Location and secondarily most of my earned are online i do not to the lifecycle and holiday toy droughts and third my dad hes a retired principal and a current missionary i thought that would take a lot to convince him to give mrj a try but due to his if a tag a few weeks ago later, he said he was out to dinner and thought about how hes not in pain that was amazing to hear ive heard this project referred to as a electronically hours of neighborhood i take offense to it applies i dont know what is going in my neighborhood ive read the research and been to the open houses and had conversations with ripening this is nothing but pollutant a positive thing i urge you to say yes to the appeal. Thank you. Next speaker, please. My name is patricia i live in the marina havent been involved i stick my head in the sandy opposed it like common sense i have a problem but with alcohol and if i had a store across the street even if i couldnt buy potting. Ive been a resident of cal hallow for 20 years and raised two children that are now teenagers and older i oppose this project location for the reasons said before me and i just wanted to share an experience i had in the Mission District when i went to the alamo craft house i learned next to a apothecarium when when i came out there was a line of people that were clearly under the age of thirty and the smell of marijuana was pretty strong so i put that together with the thought of that being on lombard street next to edwards the second next to moe joe he oppose this project. Thank you. Next speaker, please. Thank you for the opportunities to speak im doctor scott a ph. D from Indiana University and currently work as professor of i wouldnt care and have three Young Children i want to provide recent research to shine a light on the miss understanding of the impact of the medical marijuana with the medical marijuana pass in the u. S. In a 2015 article in the psychiatrist doctor deb of column universities and colleagues kwoutd he quote our findings consistent with previous evidence suggest that package of the state that Marijuana Laws didnt increase the adult use and in the journal of doctor policy concluded that when appropriate analyzed no evidence of a significant differential user use in medical marijuana post medical Marijuana Law bans those articles and on the data suggests that making marijuana legal for medical practices and increase used for adolescents even though having a dispensary nearby no greater use for young adults to there theyre in thats a good question take you hope you take into consideration those when you consider. Were those lonlt log told you studies the 2016 was data from im sorry to, close 2002 to 2011 so pre and post Marijuana Laws medical Marijuana Laws in the state. Thank you. Good evening, commissioners my name is david and im a 10 year plus board member and the immediate past president we dont take a position but the existing apothecarium is in our neighborhood i thought our experiences might be useful to you when ryan hud approached the organizations more than a few years ago to open the apothecarium we were beyond skeptical and had newcomers late night decision they said all the right things but had bead experience in the past with a lot of trespass a inundation we voted to support their operation and they opposed their doors we dont live in a neighborhoods people are shy about complaining from the wind shifts they complain not one complaint to the aau pothd within the steps of a marshall art studio and ballets this is akin to having a paramedic pharmacy it is well run i walk by this daily and never smelt anything come out not a problem in the neighborhood ill suspect not in cal hallow either thank you for your time. Thank you. Next speaker, please. Hi, my name is joan diamond ive lived in the marina for 35 years and San Francisco for 50 years and worked on union street and live 3 and a half blocks ive been listening to say fear than actuality and patterns parents are afraid their children been drug addicts that is disturbing as far as fear mongering as far as future medical marijuana i dont smoke but have more fears of the massage loorl on lombard street and i also feel that years ago when the edward the second was turned both a place for children aged out of the system there was so much not neighborhood and the marina paper for years and years quoted before the project was taken in and accepted so the same association that were now for the children or against the children i find that hypocritical and as i said i live 3 and a half blocks and more things on lombard that are disturbing than the apothecarium thank you. Next speaker, please. Hi, my name is a pam im a patient of the current apothecarium and the new location is convenient for me, im an patents and dont believe the apothecarium is a problem im a mother find children 18 and 20 an independent consultant and work with teenagers in San Francisco im in my 6 judges of a board member of a high school and served on the Hamlin School in the vicinity of where the apothecarium will be located i telling you in the patients are like merry me i know the apothecarium in the castro ive been a patient in the past year and choose is aau pocket as my dispensaries and a huge rank of dispensaries and who frequency those the apothecarium they give guidance and good members of community the people that work and live doctor are model citizens and caring and take their work seriously in all of my visits in the apothecarium ive only seen well bafdz fellow patient not people loitering outside the door and make sure there are never people in the apothecarium is a serious establishment i want to read a quote from someone the apothecarium it is the one dispensary and recommend by my doctor i have cancer and a corner condition no relief from the medications and upon any visit in the apothecarium he finds greeted by a professional to help me with my symptoms since that day ive not gotten anything about professional help in the people there. Thank you. Next speaker, please. Hello my name is alicia im a citizen of the San Francisco a patients of apothecarium in the castro a mother of three children that walked right past of the front door of apothecarium all the years from muni to their school it is a common sense reality that dispensaries like the apothecarium that are recognizable Business Owners make cannabis less assessable to children you cant get into the apothecarium without a medical card and they take it seriously the specific low california is an underserved neighborhood for patients that need access to the medicine this delivery serves are not a substitute i urge you to consider the approving this appeal and allowing this project to go through they have done all the right things and been responsible ref all the youth and permits they need from all the areas their compliant and responsible Business Owners thank you very much. Thank you. Next speaker, please. Im a little bit at all thank you for your time my comments will be brief my name is michael mr. Corso in that my wife we live on lombard im in support of apothecarium a father and husband a businessman and a cancer patient i have stage had cancer in my 18 round of chemical if o and if it didnt work i have a limited lifespan and here to say im in supportive i use cannabis to aau i cant let the nausea and whether cannabis is smoke or use as parts of my medications it accommodates any nerves and anxiety without better late than never a terminal disease and keep up my weight we live on a city that is built on tlornsz it is a legal medication and i shouldnt never should i or anyone in the community be denied my time is limited id like to see this Service Provide in the community thank you. Next speaker, please. Hi, im mary this is my husband michael hes sick marijuana is his medication you need a card to go into the shop if so not available to children my son is a attends school around the corner i have no fear it will effect the neighborhood in any way, shape, or form thank you very much. Thank you. Next speaker, please. Thank you for this opportunity to address the board im here today and as a patient and a parents this is my little boy over here reilly my son was seven months oldie had spasms those spasms occur when he woke and went to sleep always is dispatches progressed began to cluster and wretch up to dozens of spasms a day his Early Development stalled and his cuing and babbling stopped and no control and couldnt sit up without us helping him as parents we were terrified and deeply concerned we tried a handful find venal drugs with side effects like parolee sides effects that it was cannabis medication that saved my child we curd i am him with now a thriving told her tearing you up the house thats a blessing im so thankful for the great care that i received in the apothecarium they dont pose a threat to to anyone elses kid in fact, you may be a Family Member and education about the cannabis messy it is a trust ally a safe place to go and get guidance and have access to cannabis therapy i strongly believe the apothecarium a value partner in the communities which they serve thank you all thank you for your time and consideration. Thank you. Well take a 5 minute break after the next speaker. 10 minutes sorry. Next speaker, please. So Board Members i feel your pain clearly medical marijuana creates a lot of mediations in the neighborhoods im the form mayor of oakland one of the things as a Council Member i wrote the oakland dispensary large project authorization that is wildly copies and your version is closer to the original one we take a number of well run and well tested dispensaries to provide safe medical marijuana im submitted a whatever and let me make a few points after listening to people eye been doing a lot of testimonies this is more crime and youve heard in the experts the data shows i have to tell you not just data busy my Front Line Work as representative of a conservative council in city of oaklands and as former mayor street crime went down after we opened the dispensaries in the locates of dispensaries went down why 33 because they put in a lot of cameras and security and make sure that no young people loiter in front of of the no drug dealers and within the block it is common sense because they lose their license in this 0 happens this is what is happening around the country my husband a a doctor one of the first to try to prescribe this to particularly a medical director of hollywood hospital and Medical Clinic has to do with with a lot of elderly and people dying and particularly those with cancer and others trauma disease with the aau pocket like in the other medical most of whatnot most but much of what they sell is not makes a difference to the give a National Crisis with heroin aau definition the america journal mentioned that decreases are prescribing and many are moving to medical marijuana but some getting nothing and lastly ask you to take a big picture when i wrote the legislation made it clear not a high concentration of dispensaries and one place that attracted to me. Can you finish we have a long schedules. This is my last one is that we purposing dispersed the dispensaries he ever neighborhoods either minded or should have no one not contained with an undue burden on one neighborhood but provide assess particularly to minority that often couldnt come downtown and the elderly so theyll have access in their neighborhoods pursue thank were resuming the tuesday, june 21, 2016, meeting of board of appeals were waiting for one commissioner to return to the room and when she does if you like come up to the microphone well be ready for you in just a moment thank you all for your patience. Ill ready and okay. Great were still waiting for one commissioner im sorry. Okay we can go ahead. Hello, everyone hi, my name is daisy encouraging a we work on policy impacting youth and have a seat on a couple of seats in the community im here for microfilm because the cal hallow association is opposing the apothecarium theyre trying to protect the youth some years ago they stopped the demonstration and a second for seven years i want to let you alumni know were supposed to be edward the second the development was stopped i ended up having a fulltime working graveyard and going to city college of fulltime it was dangerous none wanted to rent i have of color and no Credit History during this fight against edward the second dozens of my counterparts feel into addiction and with holes in their arms because of no other way to survive; right . And actually having to choose between buying a book or bag it it using easy to coming come up here and use 5 or of or 7 hours to do things like this because youve not dloifrdz things like this the cal hallow you have judgment around the apothecarium will do in the community and feel that will cause more harm and the people that cannabis about cause here to say i port of apothecarium understanding the harm by the Neighborhood Associations while i was waiting to be housed i hope you understand people that in the crossfire i got degrees and im here in the Community People know me he was resilient and held out one in a million honestly so next. Wrap. Yeah. Ill wrap up . Seriously this is because you have privilege and the wanted to do this there are deeper things that can be addressed not a dispensary opened thank you. clapping. thank you quiet please. Next speaker. Hi, im paul owens own a business on scott street 3241 scott street near the apothecarium i left this afternoon is 6 person spoke the only people can you see a problem it in board right here those people Business People Small Business opponent doesnt matter how many place and how many perimeters or leases they search for they found a location that was granted by the city of San Francisco they bought the location and they want to act according to the laws there is no only one fight it is did at the do the right thing or is wrong thing dpoornlt how places what matters it fit the criteria the green criteria im not a part of it dont smoke or use marijuana i have a smoebz youll realize if you seek what was respectfully yours and donors oh, sore the cal hallow association you guys need to studied the public so to speak and say those people followed the letter of law i listened though the other man the third man they followed the letter of law and now say small Business Owners you know how tough for small Business Owners you guys why are the problems follow the letter of law that says it is a green zone it seems not to have a problem no matter except for in Kaiser Permanente come on guys you know the right thing to do a million and a half dollars in a Small Business hats a lot of problems in this city dont be the problem. Be the solution dont take all the voices. Thank you they do the right thing. Drop the cell phone. Yep dropped do cell. Hello my name is bill i live on nob hill about temple hills my wife and i shop and stroll and visiting the local shops we try to be Good Neighbors about 5 years ago my before any my wife and i dated i dot cashed into any drivers side door. Walked away with without any broken bones but. Concussion and everyone told me how lucky i started having black outs and series my doctor discovered damage to the lower brain damage my doctor they told me i might not make a complete recovery with the head injury it hits in addition, i was getting medication for depression too many pills i told any doctor she pointed out me towards marijuana with research with the apothecarium getting there was not easy he was broken physically and mentally and often struggled with reality again brain injuries is hard the trip across town was hard to make but worth about the apothecarium are compassionate ive not think outside the box a speaker but wellinformed treatment but sympathetic here with a friendly smile to a complete recovery youll be fortunate to have to those peoples in the neighborhood were already here we need your help many of us are suffer from isolation if you decide to block that door youll keep us from presentation having a better life humbling i ask you to pass that thank you for your time im erica patient and apothecarium the option has you believe having it door open a dangerous cyclist the consenting adults that suffer from chronic pain from cancer and aids and systemic nerving damage as a veteran would suffers from chronic pain from injuries sustained in the service many other veterans find it difficult or impossible to get prescription foreign medical marijuana through the va and denying this storefront is just another way of denying those people access to dangerous and addictive open yet ive used medical marijuana to embattle any disease and going to a 4 point gpa and know if you deny this storefront or access to people like me and boo and aids patient Cancer Patients and things like that thank you. Thank you. Next speaker, please. Hi im leslie and i lived on the north end of town for 20 years and much of that time was unfortunately before be able it have the neck surgery i spent a decade not knowing and getting the right diagnose and credibility pain to try everything in a venal system. All the way from studding medical trials and years and years of acupuncture i tried it and couldnt function then during the neck surgery they end up putting in openly i cannot i during the surgery itself i had to take them and then i found out again what it is oblique to be on them and like to be i went off cold turkey and im new to scombs and trying to use it to manage the resingle pain and return to functioning before i used to be i dont smoke and not looking for that but need to have a place that is convenience i, learn honestly, i dont know what im doing and like the delivery options and dont know what works for me on a delivery i found coming in the dispensary is really difference first of all, i walked by them and didnt release that was a dispensary like a bar to people are smoking outside and loud and boss trust stuff when i go down it was like a support group the people are helpful the people hidden the considerate are so educational that i really hope this dispensary location is there after that there is not one successful to me thank you. Next speaker, please. And im disclosure we need to see there are a lot of people that are in the hallway so ill adhere to the two minutes. Hi, im a california states licensed professional ive looked after aids and cancer people people and spent my career and work as director in drug safety im also a parent that raised a child in the castro and im here to speak for a dental hi ghetto shes a long time residents of marina and quote i have worked in the marina for nearly thirty years with a dentist ohio infest and medical marijuana is important to my family and my sister died of cancer and couldnt eat and couldnt do much of anything medical marijuana helped her with her painful and grateful for the confront made her transition from this world to the next and my son that epilepsy since a young boy and used this medication with automotive side effects when he was 15yearold a brave doctor suggested to him to find marijuana that was life challenging dropping the series without side effects i wish imagine going a way to find medication on the streets the people providing those medications are angels please stop making things more difficult for sick people thank you very much. Thank you very much. Next speaker, please. Good evening commissioners my name is heather im a resident of cal hallow live a block and a half from site im a fairly recent member didnt join for a long time didnt like their opposition to the edward did second he thought that was is an Amazing Organization and upcoming ive been impressed how the association has worked the edward the second and have a Great Partnership and ill be just devastated to see the apothecarium put anyone in that locations had housing is a crisis a point in the city but particularly for that population and it is working well, i see the kids coming and going and why we would put that across the street from them to see as a mother i asked my kids going to the karate studio to unlock it is handy for the people going to marin a know a well run business and can you understand or understand im a businesswoman why they want to be about but for the community not the right facility thank you. Next speaker, please. Hi, my name is joel i live in the de bois triangle from the location of Alice Griffith apothecarium an exemplar neighbor and as youve heard connect patient to violate medication and contribute resources for local organizations one not able feature of the apothecarium the facade is so secret not at all that respect for children or effect the casual pears it housed an mcd the staff does a great job at maintaining order in front of the store and verifying the incredible id like to read a support letter from one of the communities members the appellants suggested putting a dispensary for homeless plus the Marshall Arts studio but the apothecarium has similar neighbors theres a mash arts by the Castro Apothecarium im a marshall arbiter folks located across from the apothecarium neither my students or parents ever complains about the apothecarium i know that as a quiet neighbor down the street and also a church that provides services for youths at risk for addiction written agree letter of support and 5 years of those places can be side by side that is in the mission why not think of them a good neighbor. Next speaker, please. Im emily i want to thank you. Hearing me and make it quick im here in support of apothecarium i would like to start by saying im a mother im a part of cannabis communities and im a patient of the apothecarium ive been a patient for that a number of years in the city of San Francisco and ive been throughout many dispensaries and the apothecarium is above and beyond with wonderful people and do more for the community than anyone else youve heard this their storefront is very secret but the main thing i want to express as a mother i know that theres a concern for children around this sort of thing i feel comfortable knowing the staff is well trained and how well, everyone is considering the whole entire community and just the wellbeing of the community as as whole so thank you you for your time thank you very much. Next speaker, please. Good evening my name is doctor greg and honored to be appearing before you im a residence the marina and lived here walking distance of the place and a certified surgeon and for the past 3 years my surgeon practice was on Market Street and two blocks away from the apothecarium with the apothecarium helps ive been able to successfully treat many Cancer Patients patients are severe trierts eye post trauma i know pain, in fact, the positive 3 years not written one prescription foreign an open i do not and note to this including china in fact, im a cancer patient i survived it. A 5 year battle about milan thanks to the cannabis but is apothecarium is a great opportunities for may be patients and myself thanks. Thank you very much. Good evening my name is daniel i think the president of the Castro Merchant Association as a citizen of San Francisco and as a small Business Owners in the castro and in the marina about within block under the proposed location daylight can be remembering how we get e goat here any husband of 8 years get certification a judiciously mother begging him to eat and less than 10 months this vibrant 29yearold went from 200 and 20 to one and 50 pounds i did whatever it took to nurse him cannabis provided mark with that relieve much more than pharmaceutical is could i recall going to delores park when in any youre asking for supplier for cannabis was out of stock you could buy cannabis and get robed and just get ripped off mark diets on december 1119916 days past 31 his thirty birthday it is exhausting challenging and dpandz work i know in the marina their exhausted childcares that is a i cant go on yet find the strength how wonderful people get relieve from a plants how selfish to deny them at a their caregivers local available cannabis for the caregivers in the communities i you work you to deny this appeal. Thank you hi, my name is megan like to sure some stories of apothecarium did journal in august of 2015 three hundred and 10 dedicates in our city in between 2010 and 2012 one hundred deaths great prescription drugs these are ox gone and more and more feign and in contrast no dose of marijuana the research in the of the american mediCal Association shows that states had legalize medical marijuana have a 20 percent lower rates of opium overdose in comes in prescription bottles from walgreens 24 suggests access to medical marijuana can reduce those risks from the appellants have a reduction of risk has mvrn gone up as time gone up crime gone up around dispensaries lets look at facts thank you. Thank you hello my name is megan im an immediate next door of edward the second and as their neighbor the success of those residents is very important to me, im also the mother of a 16monthold daughter theres no reason to believe that the risk actuation for the edward the second changes from the apothecarium goes in across the street and not dmoong dlultsz when cannabis has but legalized in the psychiatry shows inform defensive in the adolescents with the medical Marijuana Laws those exhaust studies is from one million teenagers found no evidence in legal listing medical marijuana teenagers use it more the appeal by the cal hallow organization is a attempt to vail the argument that is the lowest base level they showed you the colors of an organization that is different than them the edward and the apothecarium their argument mofrpd to on the best shot of skooeblgd it is wrong and shameful the grandmas but the apothecarium they have a track record that is clearly a good one 3 hundreds and 35 thousand to benefit the castro neighborhoods and not had a Police Incident and in fact, a positive effect as many aau tested as a neighborhoods the long barred corridor of marina explicit get in opportunity to invite a great business into a blighted section of lombard corridor lets not let this thing opportunities slip away thank you. Patricia formally called the cal hallow were morphing into the other name at this point when this is one issue came up i heard everyone desperately from one side to the another about it we took a three hundred foot radius and asked the merchant this is going into 24 lombard do you want it or not no, from one side or the other 67 of the merchants voted against this is says something as a personal person speaking for myself ive had a catch22 with medical marijuana rubber stamped ive had a program for thirty years forgive at risk youth the problem what medical marijuana is dispensaries cares how you grow the machinery they say the sites been a study theyre dealing with it now if you dont use two or three special effort fertilizer medical marijuana becomes an off ramp yum we have to, careful ive had at risk kids get medical marijuana the bad stuff to bring them out of that it not fun last an open opium and heroin and everything my question where is the proof number one be number two the lombard corridor particularly those two blocks walgreens cant stay open anymore for twentyfour hours because of the crime. Thank you thank you very much hi my name is a sandy mere in support of apothecarium and want to share thoughts from bryan davis the most relevance past president of the marina and a supporter of project quotas as 20year residents the marina i write to support the proposed and i hypotheses on lombard street frankly given my verifies against the use of drugs i didnt expect to be a supporter but over the past several months as the president s of the Marina Association i dont write think on behalf of more express an opinion ive been engaged in a thorough consideration the service and proposed new location in doing so i found it to be a professional based and secure Business Operation and that has been sincerely and comprehensively reached out to the community and taken seriously and responded to all concerns in addition, i building this secure business well be a great addition to the lombard corridor we need more Good Businesses to improve this the middle of several beautiful neighborhoods and seen by thoughts of visitors thank you thank you. Hi my name is inaugurating i had a career in philanthropy education and i currently live in hayes valley and with the apothecarium and nothing but positive as a therapist im excited to share one prospective from one resident quote im a native san franciscan it grew up on pierce and vallejo and in addition im married and a father of two boys ages 12 and 10 the marina is the primary neighborhood my family go go to as a therapist im fully aware of the intimidation and athletes use it opportunity or. Thank you for the opportunities im in support of apothecarium. Next speaker, please. Im in support of apothecarium and in one year ive been a patient foreign other medical marijuana dispensaries in the city i found the apothecarium the cleanest in the best neighborhood and the most professional to go to get the most thorough treatments for any symptoms and i is that would implications i live in the cal hallow russian hill right of van ness in between polk street and work as Health Professional im a personal trainer and work in the marina and russian hill in that area i see that is focused on health and wellness from multiple gyms and small facilitates and stereos and yoga and juice shops and walgreens a variety of ones to go to for a healthy life im sure you know the benefits of medical marijuana i have a hard time so see bars in the same area were talking about we were asking for one more facility to provide benefits to the people to that part of city and thats all i have to say thank you. Thank you. Hi, good evening. Im a 24 year residents ever San Francisco and voter and homeowners and im here to support ever apothecarium i have two kids under 5 and expecting another one soon the dispersons are not harm fell to me and my familys the areas outside of dispensaries they feel safe ive walked about the the Castro Apothecarium it is safe and well lit this is plenty of data showing the dispensary reduces crime and drug dealers outside of dispensary they regulate who walks into the dispensary so the children without me cant walk in and a recommendation holder cant walk in and i feel comfortable with that environment by contrast a bar there is smoke but the dispensary is a better option than the other teaches businesses your Family Support this apothecarium opening up. Im here to support the apothecarium i have hereto a lot of people that are working with children you know work with the people my backward a former San Francisco spent 3 years in chai chicago as an advocate for a system so im very familiar with all the horrible things that what and do happen about chancellor and families from my experience working with children cannabis is not the issue frequently alcohol, and other types of drugs the other thing people are scared of it will bring crime where crime happens when you have you make something illegal having people doing things illegally we know the stories ever al capone he sold alcohol none was shooting people up i want to share two stories one of my friends sent this to me a couch months ago their experience with medical cannabis ive lost over 20 pounds and less anxiety, etc. Pr and it has transformed her life and another friend of mine a coworker has has a mental condition the drugs prescribed by the doctors destroyed her regular body temperature and didnt help her shes hot and cold and permanently sdajdz and cannabis take care of that 100 percent thank you. Thank you very much. Next speaker, please. Hello, im jackson i work for a shawn project a nonprofit that services protecting people that lifethreatening oil no ones were member of the lgbt communities and many are living are hiv and aids many of the folks we help them to navigate along with seriousness illnesses their medical marijuana patients some of them receive reduced presses at the aau pocket i know how hard first hand medical marijuana changes life and when our sick personal care is helpful but many times need to be able to point and ask and ask questions and keep on asking questions until i understand that is especially true when how sick and tired our clients are no a endearing to anyone but sick and need a specific kind of care and it is not easy for a person exercising illnesses to truffle a Long Distance owes apothecarium it well known for being a fantastic neighbor and chief Financial Officer the corner and help the patients and reduce crime ill encourage you to allow another facility to open in the north see of the city sew. Thank you. Hi, my name is carol and for the last 9 years ive had jobs that supported families and work with the families in the schools throughout San Francisco im part of the cannabis fields or industry ive never used cannabis dont live it in the neighborhood why am i here im the mother of two girls ive lout any daughters to hang out for two hours at it time with the aau pocket a photo of my daughter shes a girl scout and sold cookies out there not only her but other troops daisy and brownie i feel that is safe and other parents feel that is safe shes a sweated child and shy and scared easily but i trust her and to be there shes gotten along there very well and protected as a kid im not scared and neither is she to be there thank you. Thank you. Next speaker, please. And good evening members of the board of board of appeals im michelle ive been would an greenwich and franklin for 44 years i hold to fight proposition 215 that note that illegal for medical purposes and then i got stamp 3 lung cancer and healed it in 3 and a half months with cannabis oil never did i believe that cannabis would safe thigh life i want to dispensary in my neighborhood i dont want to drive thirty minutes to get to a dispensary id like to walk down that might be really good to walk down to apothecarium and see what they have a stay there and talk with them for awhile and walk back home i want something in my neighborhood theyre Good Neighbors and their reduced crime in every neighborhoods every time marijuana is used as medicine and show the children that less and less than children are using it for medicine not a joke and please vote for the apothecarium and disapprove the appeal. Mines lived here 44 years part of the problem the Planning Departments lout what is called the green sworn the only areas in San Francisco why where dispattern person was practiced other than north beach north of post street in terms of the northern half the city didnt have any dispensaries at all if so the first dispensary in the northern half of the city we spelling as neighbors want a facility where we trust the owner we trust theyre good reputation for establishing a safe business and totally support this move to lombard street very much. Thank you very much. Good evening. As a stay and home mother of two small children that federal court the negotiates on cellist nut or out for a dinner im in support of agreeing apothecarium opening a location i was bit by and tick and contacted lyme disease i was decease free but unfortunately suffering from trierts fast forward and suffering from joint pain any physicians recommended medical marijuana the side effects were as bad as the effects now for the first i can go to the g give him how for a run and without having the effects of a i didnt know what to expect i was greeted by professional carted to make sure i had proper documentation and seated with other patients waiting to be helped i looked at around the room saw best people and people that looked like my mom and dad elderly patients and saw a lot of people that looked you, you and me when i didnt see inside or outside was anything that sub i cannot the fears i look forward to say the apothecarium open working on lombard street. Do would you care to state your name for the record. Im david a parent this is going to be good for the neighborhoods im in the industry a patient for about 5 years and probably worked 60 plus dispensaries youre looking one of the best in terms of not only other operators but the staff how they treat everybody in the community i fully support what theyre doing this is a great addition to the neighborhood thank you. Evening my name is tida im here in support of apothecarium and return a Marketing Firm Close Friends and family rely on this having agree well run medical marijuana shop is critical for people that rely on is that about benefit the marina communities ive seen the apothecarium with the professionalism and compassionate ive seen how they care for patients offering customizing care and all the good they do for the communities i see them giving back and see them giving thousands of dollars back to the communities id like to call them a neighbor in want marina ive attended meeting and hereto Police Officers saying the crime went down as a result of clean well lit business and the securities at the door the own and operateers theyve got children of their own and want to leave the neighborhood better than they did and in the castro given the chance the same in the marina thank you. Thank you. Im here as a deeply concerned parents as a middle school Parents Middle School is the time of great changes physically and emotionally i oppose to having a mcd where necessary walk and take public transfer and hangouts not that no data what it means to cite mcd near a kids teenagers i think we should give your kids the benefit of the doubt and as a parent i have to say hearing the words im sorry after the fact really would, meaningless to me thanks. Im don im a neighborhood in cal hallow my wife born in San Francisco and my daughter great place to live im not against this medical facility but against this one because the potential for marijuana to become legalized in colorado and organize organi oregon alaska. And the kids 18 to 24 vulnerable recovery street you know probably Substance Abuse i dont know that for sure but right cit i have to pictures that illustrate that does that show up some more or somewhere. Thats a little bit closer view the proposed apothecarium thats pretty darn close as a citizen in San Francisco i know what this is facility costs between 11 and 16 million thats Public Record 24 bits that is between 5 and 600 dont reflex that i say dont do it. Thank you. Next speaker, please. Kaebt less than murphy in support of apothecarium i live near lombard and scott edward the second is run by two organizations larkin and is california Hours Partnership those groups with commented to helping underprivileged san franciscans and politically savvy that know how to lobby politicians and make an impact at the commission and they know how to fight powerful organizations they fought u faulting against the cal hallow it group that bitterly opted their organization they wrote passionate letters and wrote politicians and fought a group of residents and won and beat the associations in the city lets compare that to what theyre doing today theyve spent sent one letter of opposition to the project have they sent onsite to speak to this threat no the letter speaks to any specific throats tlaets to their residents i think it is fair to see if they oppose this. Next speaker, please. My name is anastasia im a lifelong resident the San Francisco in the Telegraph Hill area ive been listening to a lot of folks i came here on behalf of my family and mother it lives in the north beach and unable to drive since a stroke since that time im here primary caregiver and the disturbance distance into north side putting into consideration the change in the traffic is parking situation anonymously be able to park on Mission Street and not to mention ear or her totals level of exhaustion from market to Mission Street is unreasonable not a medical cannabis dispensaries on this side of city ive been skewer for her and my father is difficult not only my mom but other old people that are sick and elderly that need safe convenience to cannabis not working for everyone thankfully shes been improving i feel like a lot of the reasons is due to the education and opportunities to work with the consultant place like the aau pocket i welcome the apothecarium and hope that none in opposition to the apothecarium is doing so has to go into what my family a going through to assess the apothecarium. Thank you. Good evening a homeowner in the castro live two blocks away from the current apothecarium and employed on cellist nut street and ive not seen a single thing negative from having the apothecarium in my neighborhood theyre a positive addition thank you. Hi, im cliff the home i share with my wife is next door to the edward and across the street from the apothecarium location in that home weve raised two boys putting them through high school and today, we a 16 mellowed daughter and learned the edward the second will be converted we were bombard from the cal hallow attempting to block the move the only People Living next door is welcoming the move as the petition is more discourse now they suggest they support of home that cannot be further from the truth the c h a has done nothing to help the kids integrate the first christmas the edward the second lifesaving streets he would say an open house that was a good time to introduce oneself to the neighbors not one person from the cal hallow association in attendance that has a simple example it is a general attitude towards does the facilities and youths now, please listen if you talk to people that operate at edward the second i have the people own the ground not to the people if the office on larkin they have no problem with the apothecarium going in right across the street they as i understand a letter because their towing a line to an earlier agreement implemented when they move forward the agreements forced them to take instruction in the c h a thank you. Good evening and thank you for the time you youve devoted to the city of San Francisco my name is andrea the there is a motion that has been seconded executive directors for the castro the districts does not take positions on businesses locating outside of our district but im here to personally testify that the apothecarium is a great addition to the upper market and an exemplar business the apothecarium is such an incredible business they keep i mean cant say explain and i really cant can thinks the fear that people are being testifying theyve not visited the space they keep their sidewalk clean instantly no a neighborhood famous for neighbors and merchant and people complaining to me, to their Neighborhood Association, it to the city family and the apothecarium get no complains like a long time and other places in the city mcds are seen as dangerous their used to be one on church near Fourth Street it was scary i didnt like walking by there but the apothecarium is completely, completely different did you notice it is like a boutique so i really if you havent seen it and making a decision without going by this is a problem for people to be testifying here tonight and not having seen this facility is a real problem their testifying against something based on their own fear and ignorance i urge you to not make a decision because you havent seen it you cant say be informed or support little apothecarium thank you. Good evening tubt im michael the executive director of my tree hospice and known as my tree Compassionate Care located a block or block and a half from the Market Street apothecarium my tree we had 7villes passed away ever advanced aids and 24 were able to stabilize to the point we can discharge them to independent living both that passed and stabled used medical cannabis approved and give them to take fewer pain pills that had unfortunate side effects and helped people to put on much needs weight a tremendous benefit for those suffering from nausea i want to say the apothecarium have supported my trees financially and my tree by helping us recruited vs. From their customers and their employees that helped us to work on a hue string to deliver this valuable service to san franciscans i hope youll reject the appeal and let the apothecarium serve this location thank you. Good evening honorable board of appeals my name is ryan miller born in the San Francisco and a decree from again and again and an Honorable Discharge from the army corp medical cannabis dispensary provides hope for patients of patterns of extremely Sick Children and veterans like me my experience as a curator of the culture enable me to serve me could i and the vulnerable members my communities nonviolence and desperate brave parents that seek cannabis to cure their especially go elective children failed but countering military veterans that emigrate from all over the country to carrier healing alternative transportation to opium and hell our souls progressive seniors accompanied by Adult Children seeking relieve from an amp elements directly extends their quality of Life Naturally and in closing he hope to embark that medical cannabis dispensary dont destroy communicates but restore them if cannabis is a reflex to children why has cannabis been removed from our schools a recent bill pass the house of representatives granting safe assess for the veterans for va surely San Francisco is more professing progressive than the u. S. Governments. Thank you nepts. Hello, im john im 46 years old i was diagnosed from severe child abuse used to use alcohol to medicate and goat my medical cannabis dispensary machinery enabled me to go on it accommodates a person to survive it traetsz my p. S. D now i have a human being with any disability and i wouldnt be here without the love and support of people ive met at dispensaries apothecarium they have oiflz of lover and the developers support group helped me to make progress in any life as a civilian one medical marijuana i wouldnt be here today and without the love of the people within the dispensaries i wountsz be here today and im grateful to give back and available to help ive known that love enables us to be whole together and through medical marijuana inch had a way to be one are whole with everyone ill truly grateful thank you thank you for your time and consideration. Thank you, very much. Next speaker, please. Hi, im a person that comes from the apothecarium and asked to briefly speak regarding the marina i too am a veteran i guess the thirds of vetsz here i survivor from anxiety and inner i insomnia and medical marijuana helps me to function without taking an anxiety and sleep medications and antidepressants that had me my life quality had seriously detrimental walking like dazed but medical marijuana allows me to function normally and interact with people and to work a job and come hope home to seek rest i appreciate medical cannabis dispensary i like to utilize that is one of the services that note offered by the va and prescribed a mill other pills at the va but not prescribe medical marijuana because of federal statutes but it is helpful for me and i came to share my experience thank you for your time. Thank you. Next speaker, please. Hi shawn San Francisco resident and earlier i heard it brought up about the vilification of cannabis and dispensaries as a retired Law Enforcement officer i can tell you i know well the vilification of cannabis were trained a gateway drug that is discussed and realized not true i broke my back or back if in a car accident and to retire earlier i dealt with back by an until i discovered medical cannabis i was cynical whether i got any card i thought that was a bunch of bunk instead of a couple of shots of 83 cell the vilification if you look at the neighborhood look at the apothecarium the neighborhood i dont see it struggling i live here i see at ninth and mission where outside of the liquor store it is crazy all the time the dispensaries in my neighborhoods 3 within 3 blocks well maintained i dont think anyone feels threatened im no longer taking analytics maybe a bluberger in the morning and at night it changed my life thank you. Good evening, commissioners im robert im the former wanting golden gate Neighborhood Association which joins cal hallow and includes lombard from peers to van ness it borders i was president when again and again valley shadow as you the the only association to support edward the second and wrote the letter to the Planning Commission expressing again and again valleys reservations been the apothecarium ive changed my mind the Planning Department placed conditions on the permits notably restricting the medical cannabis sales to 21 years of age those conditions aau laid any conditions and i met the owner and toured the facilities only Market Street security was tight and the apothecarium dispensary cannabis to individual vested at that facility heres my card wheres my wed it is more an pharmacy perhaps in the appellants toured their opinions like mine might have changed the residents of edwards with chronically adults able to vote and not need approximate that School Children might the appellants object little childrens that pass by train in a studio those are red herring the notion that people that buy medical marijuana to sell to kids ludicrous and reflects a bias please uphold the medical cannabis on lombard street thank you. Next speaker, please. Hello my name is kevin i lived across the street into the and i hypotheses for over 2 years at 14th street and 6 street i saw improvements not neighborhood unlike other medical cannabis dispensaries Nolo Contendere summation is allowed inside the store ive not seen patients smoke inside the store a classy space patients are greeted by victorian wall paper as a gay man living in the castro im troud p to have the dispensary a philanthropic orientation in 2014 i was in the circling events that raise money for Research Thanks to the apothecarium i exceeded my goal of over 5 thousand dollars the marina communities should be excited about that lastly i understand concern about altercation trek the wrong kind of people the medical cannabis dispensaries are open to conciliatory patients request proof of current residencescy. Thank you nepts. Im a residents of San Francisco and local Real Estate Agent i sell releasing in areas that include mcds and ive worked request clients that transferred property and not having the location of mcd be an issue effect the sale at all if it was an issue it was hard to disclose as agents an argument like this can lower values but it increases values i poll this for the locations from 2001 to today from that times this apothecarium is in the unsdiefd portion of market increased of a 60 person up to one Million Dollars over they started in 2011 with the apothecarium brings security and anymore tyler businesses to a part of market not considered a good area this can be accomplished to lombard they may not be associated with Property Values but definitely have a positive effect uphold their permit. Hello, im tim im a patient of the apothecarium a former policy in fact, at the department of customer foyers and at the new York City Council and holds a marketrate from Harvard University and smoked marijuana since i was 15 years old although fears are toward the children they constance point to any incidents or as a matter of fact to go support their paranoia it is not harmful to the patient lets stop demonizing the medical marijuana and use scientific and rules as written when making those decisions rather than bland prejudice thank you very much. Thank you. Next speaker. Hello thanks for having me, imal residents of northern San Francisco and patients of apothecarium my first concern i want to point out no safe and professional access to cannabis on the northern part of San Francisco we have to travel to other parts of city not convenient this is meg from the community id like not to travel across town in traffic and many letters of support from paramount letters of marina two from the pales board let me repeat two letters of support from the appellants board their split 3 more came from the association including the past presents and current Vice President the past president of the again and again Neighborhood Association wrote a letter as stated changed his mind from omissions to support i wished the appellants i visited the dispensary they might have saved us time the well run dispensary didnt create tribunal this is true in the castro and across San Francisco in denver and other states does the appellant expect us to be believable that will be different in the marina i urge you not to vote on opinions fear mongering but the acts thank you for your time. Thank you. Good evening commissioners im sheryl adams executive director of larkin services appreciate our patience to all of us im here to reiterate what was previously state by members of my staff and my board that lifesaving have the is opposed to having the apothecarium to our facility on lombard and scott we have opted that since the beginning the process and feel that way about other areas other programs that we operate throughout the city we feel it is not handful helpful for our young people that experienced lots and will the of trauma over the many years theyve experienced homelessness or other kinds of issues to be located that close and prefer them to be able to live in this site and space to be able to have a good neighborhood. I have a question members of the public said a said agreement our operation has to deny this is that true. I mean did i express that correctly a few folks from the public said your organization has to say no to this because of a previous agreements. I think that is a misrepresentation frankly our agreement with cal hallow the same as our agreements with any thoughts neighborhoods associations are any of the neighbors with location well work with Neighborhood Associations on issues that are of common concern weve worked with cal hallow this is an issue of common concern. Thank you. Clearing that up next speaker. Good evening optimums an aids activist and survivor im a patient of apothecarium and have been since is doors open theyre kind and youve heard that a lot but they are in fact, youre talking about that i want to say this ive been living with aids for 23 years and in 2000 i went into the hospital i was in the home for two months and coming out ive had a knee replaced and two neck surgeries and four more surgeries to go that is a lot and the medical marijuana helps me to continue to function on daily basis i serve on several boards and businesses, individual go to the apple store on cellist nut street and visiting the marina store frequently and that had been good for the communities even though they cant say see that now but they have given tons of money month to the communities over 3 hundreds thousand dollars into the castro communities and communities beyond that thank you. I really hope you guys make the rights decision for tonight. Thank you. Good evening Board Members no more people outside so youre probably excited ive been a resident of San Francisco for 16 years formally in district 2 a Technology Person a medical Cannabis Patient and follow the advice take a different perspective for the last two years studying the people in colorado and california and washington stat and talking to hundreds of people Business Owners and scomplunts activists and politicians and a few things strendz ive seen safeties only 9 percent of americans think that marijuana is more dangerous than alcohol and tobacco 80 thousand in alcohol and death from open womb from heroin aau disconnection cannabis is not the problem the opponents will have you believe that the monsters will grab in their kids out of the cannabis plays and it is reagan in the 80s it all a lie direct you to the overheads the edward the second is right next door to a alcohol lounge the people saying there are about kids know they know is next door to a bar how concerned are they and the last point it is always in the argument i support cannabis not next to me the fact in dispensaries in the north side it is easy for the location they wouldnt have been fighting this is a logical concern not buy a building and not make money off of it. Thank you. Hello my name is tap a 25 years old medical patient that lives in nob hill he support of apothecarium and attends it as a patients im a College Graduate a young professional cannabis has helped me with stress and depression and you know is dispensaries attract other young people that are influencing young minds awhile taking my medication after together heard be miraculous foyers but it is a quick side note to all the perseverance that have spoken in the marina if youre educating our children on cannabis and other drugs and the benefits the harms and why some people do and dont youve got to trust their make smart decisions because theyre walking to school in the around dispensaries what about when in theyre in school and someone approaches them with Illegal Drugs thank you. Hi i would like to Share Research ami ive done and the youth serve businesses if approximate to the marijuana facilities in the city and overhead please. One of the biggest concerns of shop location its proximity to edward the second out of their 11 locations 5 within close proximate of a medical cannabis dispensary the same facility is 200 and 15 feet away and i and two more and more within a thousand foot radius. Another one in consideration of the karate win the businesses 51 incidence and 4 is dispensaries within close proximity. Thank you. Next speaker. Hello my name is boa concerned consequent citizen and rugby coach with the legal communities you know looking at this through a legal lens california xanax youth act was passed 20 years cannabis appropriate for patients i underscore the term medication it is illegal it is going through the moving papers it hard to make sense if you accept this is an unlisted drug that interpretation energies the letter of law by blinds the california voters in fact, medical marijuana safety act heavy recollects this and convict for the fears in neither brief including provisions that protect children that apothecarium saves satisfies the state and local level just as for the thread not mentioned poling to at length big corporate interests reading from the california protective to quote insure of the responsible midsized entities have access for a market for cannabis the regulatory system are not mop pleased by Large Corporation cancellation a locally business that serves local folks it is a first class operation exactly the type of Small Business that the california had in mind wellbeing with the legislation in the marina that leaves the larger corporation to move into this community thank you. Thank you. Hi, my name is canning i lived on lombard street for 24 years a broke and a half from the proposed site im not a medical cannabis are recreational one and gain nothing from that i heard when an mcd wanted to move into the marina i also been supportive but not interested in it in my backyard but after hearing the owner speak on this i was converted i was impressed how their set up and the integrity and mostly by the fact that the San Francisco Police Department stated the apothecarium has not been a nuisance and someone at the door it keep an eye on so many people are suffering from chronic pains and newcomers other continents dont get relieve from particle sulz and the past meeting happened to meet up with a close friend twotime Breast Cancer survivor i need to head to a Community Topic meeting she made angle off had an if the