Muted that is your indication to begin speaking. Each year will be allowed three minutes and 30 seconds remaining you will hear hi indicating your kindness. Period when your is reached i will indicate is expert accuses the best Practices Article quiet location and please use the volume on your phone or computer. Lets take role at this time. The missionPresident Koppel. [rollcall] President Koppel first your Agenda Isconsideration ofitems proposed for continuance. Item 1 , Case Number 2020009481cua. Its initial Use Authorization as proposed for june 17, 2021. Item 2, Case Number 2020009481cua at Phil Street is proposed for continuance in september 20. And item 3, Case Number 2020 008058 drp at franklin street, a discretionary review has been withdrawn. Further commissioners under commission Matters Item 74 Case Number 2021 04810 drv for rules and regulations are requesting a 2 Week Continuance to conduct some reach with community organizations. I have no other items proposed for continuance therefore we should open up public. This is your opportunity to address the commission items proposed for continuance by pressing star 3 to be addedto the queue you will added 2 minutes. Caller this is sue hester, im supporting continuance of the rules and request the Planning Department leads with a Staff Report before the next meeting to go out to the public and to extend the mission and explain what exactly is being proposed and instead of just dropping this entire Thing And Everyone collapsed and figuring out having to figure it out all by yourself. You dont have to editorialize but please tell us Whatyoure Planning on doing. I think it would bereally appreciated by the public and you very much. Good afternooncommissioners, this is ryan patterson. Supporting the continuance of item 7 through commission rules. I support miss hesters comments and also i would respectfully encourage consultation with the city attorneyregarding the procedural due process implications of these rule changes. Thank you very much. President koppel last call for public comment on the matters proposed. Seeing no additional request to speak, public comment is closed and the matters proposed to be continued before you. Those commission rules and regulations would go to june 10th. Moved to continue all items as proposed including seven. Second. On thatmotion to continue all items as proposed, Commissioner Tanner. [roll call vote] President Koppel that motion passes unanimously, no 7 to 0. On your consent, for one item. This constitutes a Consent Calendar. Its considered to be routine by the Planning Commission and maybe acted on by civil rollcallvote. There will be no separate discussion unless staff requests. In which event the matter shall be removed from the Consent Calendar at future hearing. I am four, Case Number 2021 03760 cua, mission to a conditional Use Authorization. We should take public comment for any member of the public who would wish to remove this from the Consentcalendar Today and have it heard at the end of todays agenda. Seeing no members of thepublic requesting to speak, commissioners, public comment is closed and your Consent Calendar is now before you. President koppel on that moved to approve item 4, Commissioner Tanner. [roll call vote] so moved commissioners, that motion passes unanimously 7 to 0. Under commission Matters Item 5,draft minutes from may 13, 2021. This is your opportunity to the minutes by pressing star 3. Public comment isclosed and the minutes are now before you. Commissioner chan. Commissioner chan moved to adopt the minutes. President koppel on that motion to adopt the minutes for may 13, 2021, Commissioner Tanner. [roll call vote] so moved, that motion passesunanimously. Placing us on item 6, commission comments and questions. Commissioner tanner. Commissioner tanner i just want to present that this past week marked the Oneyear Anniversary oF George Floyds Murder at the hands of police officers which touched off a range of Protests Policy changes at local levels, at state level. Changes here and we continue to be inspired by the movement towards racial Equity And Justice in america so i want T Present that. Last year and a year of lots of changes for all of us, personally, professionally, socially at every level and there continue to be more changes to come but i hope we can keep our commitments to racial equity and i commend the staff for working so diligently on that and we see it coming through in our Staff Reports. A lot more ahead but we are continuing to make progress. And asi just want to know unfortunately another tragedy in our area. The shooting that occurred this just yesterday. As a public servant myself and as we are preparing to come back to our public aces it can be jarring to think about the essential workers who lost their lives in service of their community and i just want to honor them and our thoughts are with their families. President koppel well said commissioner. Item 7 hasbeen continued two weeks. Placing us under department matters,item 8. Thank you for your comments Commissioner Tanner and for all your work on the commission. One resolution we did last summer is our work on racial and social equity in the ongoing work as a result of that. As you said Commissioner Tanner, we got a long way to go before we people are making progress. I like to highlight 2 projects i had the opportunity to see this week with the Mayor And City staff. One you may have read about in the chronicle, i attended virtually the groundbreaking of the Power Station you all were involved in shaping and our staff was certainly involved as well. Its great to see thatproject moving forward. The horizontal Infrastructure Workis moving forward as well as its Renovation Work on Station A. Ultimately it will be 2600 units of housing 30 percent of which will be affordable, 600 square feet of commercial space, seven acres of openspace and muchimproved connections to the water system. Thank you all for your work on that. Also take a look at the conservatory of music which was on tuesday which is in operation but theyre phasing in the operation because of the pandemic but awonderful project that was also the result of a Da Approval and shaped by you all. Ithouses 420 , theres 27 basement units that are being occupied with the housing that was there as well as Classroom Space and performance space. Both on thetop of the building and at the corner. So great projects to be movingforward. We just wanted to thank you and the Staff Forall Youve done. President koppel thank you director harris. Item 9, a review of past events atthe board ofsupervisors. There were no appeals at the hearing. The first was the Mayors Ordinance sponsored by commissioners mandelman. Youheld an informational hearing on this item on april 2 but have not taken action. The hearing that gave the presentation similar to the one you received. In general the supervisors aim to support making theshared Spaces Program permanent but they did have questions about the program including Disability Access , the privatization of public space concerns over how inclusive a public Outreach Process has been. There are over all the people who called in to give public comment most seemed somewhat supportive but wanted more time to review the proposal. Several small business owners called in asking to quickly approve the program to provide them more certainty. The hearing lasted until 7 pm and the item was continued until june 10. Next the committee considered the Mayors Mall Business recoveryordinance. The historic preservation heard this on april 22 and the commission approved the item april 22 and the 21st and 22nd. Both commissions recommend approval. At the beginning of the hearing that gave a thorough presentation on the ordinance contents and the intentionsbehind the changes. There were 35 public comments with a little more than a third in support. Support came from the small Business Community while opposition centered on concerns about the equitable Process And Outcomes andunintended consequences there was a strong desire to exempt the mission from legislation. At the end of public comment and with the clock nearing 9 Pm Supervisor Melgar suggested amendments be made to that file. Supervisor peskins amendments would weaken the expansion of the Permit Process by retaining notification requirements and also removes all consolidation successfully forinstructional services. The amendments do retain the provision of Entertainment Use the file was amended and a vote taken to continue the item to june 14. The hearing ended at about 9 30 giving us all time to catch up on the latest episode of mare of easttown. Supervisor peskins motion to allow liquor stores to close in the commercial district passed as second read and thats all we for you today. President koppel thank you mister starr. There are a couple of members here, 2 members of the public who wish to speak. Caller, are you wishing to this report on the board of supervisors . There is no publiccomment. President koppel we already had general comment maybe i just didnt clear the board. Caller this is for general publiccomment , hello . President koppel we already had general public comment. I dont think we had general public comment, we had comments oncontinuance. President koppel you are right. Okay, sorry. Did Commissioner Tanner wish to comment onsomething . Okay. Thank you commissioners. If there is nothingfurther can move on to general comment. Members of the public may address the commission on items of interest within the subject jurisdiction with respect to agenda items, your opportunity to address the commission will be afforded when the item is reached inthe meeting. Members may address the Commission Forup to three and when the number of speakers exceed the general public comment may be moved to the end of the agenda. Per the chair you will have 2 minutes. Caller sue hester with two questions. One is the State Test Bonus plan will be had closed session of this commission on the 10th. I asked the commission to assist on public presentation. In addition i have no problems with you having closed session. I do have a question about the public not being informed on what the current state of the Density Bonus is. I think it would be helpful to everyone who has a presentation in live session. Second issue is when you have your hearing on the 10th, you are going to have a select committee at that time. I would ask the Planning Department to try to have a briefing for the staff about when issues are a huge social equity issue. Right now weve learned through the past year on the covid but there is an even understanding of how to review plans when there are tenants in the building and people dont understand that their Tenants Unit is being evicted by the proposed plans. I think be helpful for everyone to get ahead of the issue by having someone meet with the rental ordinance, the staff from the Rent Board is ideal or a commissioner. Thank you very much, goodbye. This is maybe more suited for the staff. We are partof the group going to call in on item 12. Theyre trying to figure out how to call in as a group but were testing this right now, three of us onthis also my nam is russell. Marlene you here marlene will speak later. Are you here . Okay, we just wanted to test this out. Were going to call back on item 12 and present as a group. I dont know how the timing is going to work with you guys. If you can give us some hints on that we are going to show a video of the various beginnings so thats when we call in and i start speaking within 30 seconds or so, we want to start the Video Withnumber one we have 15 minutes. If you guys are us i think we are okay. This is a technical challenge because its a first for all of us. So i guess you Cant Respond but were not going at some Point Respond so we can collect it before we get the items. Okay,so marlene you want to provide . We will call back in. It marlene. Okay, so this is a test of our Opposition Group is going to call back on when the item call. Caller good afternoon. I sent an Email Yesterday just before 10 00 to the commissioners and a bunch of staff with three pdfs attached and i hopeyou get to read it. Im going to be from one of those pdfs which was Resolution Number 1605 three which was passed by the commission in december 2000. It says the following. Whereas objective three of the general plan of the City And County of San Francisco call for attention of existing supply of housing objective three sets forth policies that support maximizing a loss, excuse me, minimizing the loss of Housing Unitsincluding discouraging the demolition of existing housing. And it goes on to say that Sales Prices have also risen and in 1999, this was done in 2000 this resolution, the median Sales Price for a three Bedroom Home in San Francisco was 409,000 , a 49 Percent Increase from 1994 and the escalating Costof Housing in San Francisco produces a number of adverse impacts. Residents are less able to move on the current Housing Units to units thatimprove their quality of life to respond to changes in their work situations. I costs from women living in San Francisco, nonresident workers must commute long distances which result in adverse quality of life consequences. Housing in San Francisco is a valuable resource that requires protection and the Planning Commission supports the preservation of existing housing and although special circumstances may arise in which the removing of a Drawing Unit may be necessary to further the objectives and policies of a general plan the commission maintains a strong objective to mitigate loss of such Housing Area so i thought that was an interesting resolution. It was really more about mergers but it certainly speak today so i hope you read it and i hope you read my email and the pdf attachments and take good care, be well, be safe. Caller this is ken fisher. Im a resident of Mill Valley and starting some issues around development. I wanted to comment specifically on the discretionary Review Process , currently its my understanding that Theres Interest in reducing back if it doesnt already exist as a single minute for each aggrieved neighbor to kind of present their case in a discretionary review matter. And i just wanted to suggest that theres more time given to present possibly an organized opposition, possibly considering allowing two or three residents 10 minutes to present and organize case during the discretionary Review Process. And then if theres additional members of the public who still want to comment and then they can be given just a single minute, but given three minutes for all of the community seems just way too short, especially considering we are all pooling resources to take 660 to take part in this process so we hope that you will consider allowing residents a little bit more time for presenting during discretionary Review Process. Thank you. Caller good afternoon commissioners. [inaudible] im calling to second what sue hester said earlier about having the Rent Board. I would suggest a Tenants Commissioner to present to both Planning Departments as well as commissioners in terms of tenants laws that impact, that are impacted by some of the development projects. Construction that is going on, etc. I think my understanding is there are a number of new planners. There are also new commissioners that may not be aware of what the regarding Rent Control and buildings in particular entail. I just wanted to make very clear comment and thank you so much. Caller i think its interesting that george brought up the Commissions Resolution from theyear 2000. That resolution required mandatory discretionary review when you merge Housing Unit that would result in a net loss ofhousing. What i think should happen since then is that the commissionable, conditional Use Authorization as more goes beyond religion is often more loss of we should go back to more what we were lost will of the size and how many joints are move your wall. Daily. Its interesting to look back at the history and we should focus more on sx. See one last call for general public,. Seeing no additional requests to see, general public is close and we can move on your discretionary review, 017985 drv 05 25 toledo lake erie. Good afternoon commissioners, David Winslow, staff architect. The item before you is a public initiated request for review of Building Permit Number 209, excuse me. 2019. 001 96. Its a constructed groundlevel horizontal addition that would add 890 square foot second residential unit and additional Car Parking Space and 2 Roof Decks to the twostory family house. The existing building is approximately 3611 where the building would be approximately 549 square feet in size. The existing building is a category a historical resource in 1936 as Part Of the eligible marinecorporation residential historic district. There are 4 the art requests as residents of the adjacent property to the west has withdrawn its opposition based on revisions to the project for revised Plan Number 21. Dr Request Charlie Kathy Harding of the Report Mallorca aWay East of the proposed project are considering that it would significantlyreduce light in their home and the railyard. Lack access to a space and is out of scale with the neighborhood. Also learned it is to reduce theproposed. Second Dr Request job ran 37 mallorca away of the adjacent property says the project, he is concerned it would reduce light to their home, access to a space is also osceola is reduced to provide subjects. The article after dad wonderfully away says their property to the east is insert creates a practice easily videos those are also review the is a facing windows. Finally is a three Way East of the most reserve is Household Sale agrees properties. Service one Property Owner numerous papers i is available is thesize of the addition of the third floor. To date the department has received 23letters in opposition one letter in support of the project. Planning Departments Review of this project terms support for the project and the project as been revised since the 311 notification to reduce the rear wall with respect to the required Rear Yard. It is compatible with preservation criteria and complies with residential design guidelines relatedto scale privacy. Existing i create the appearance of athreestory building. Along with a 25 Foot Setback and the most fourstory enables the project to retain the historical Building Gail with them evenfacilities. The Rendering Inaddition to the street. Additionally, the proposed Project Isbuilt over the existing footprint. The key condition similarly already limits that open space from the Dr Requesters area the Dr Requesters demonstrated how the additional mass of the proposed project would block access. The proposed Heightand Mass are compatible with the scale of the surrounding property. Fourstory articulated by effects from these Property Line to minimize the impact of Light And Privacy to adjacent yarns and homes facing mallorca. The addition of the rear is also articulated by side and rear setback for the existing buildings such thatthe scale of the addition maintains the feel of the existing links that were here. The Project Sponsor has provided shadow studies to demonstrate minimaladditional shadow from the proposed additions. According to these it is evident there are additional has cast at certain times of the year in the lateafternoon but its not clear these are exceptional or extraordinary. The Departments Preservation Staff review of this confirms those Alterations Areconsistent with the secretary of the interior standards and they will be minimally visible on public rightofway and not significantlyremove or secure original historic fabric. Or cause the structure to no longer convey surrounding districts. The project meets the Departments Checklist for greatly accept projects for further review and as such is required evaluation. The front of the building is being retooled. The assessment also behind the Roof Setback five feet five inches from the west Property Line to support the three inches from each Property Line. The Project Sponsor is also proposing a plant around the eastside to screen the decks from the windows at one Toledo Way to these to minimize intrusion. Because these changes have been made to reduce the masking of the Rearand West Side recommends not taking dr and approving as modified. I do, this concludes my presentation. Thank you Mister Winslow. We have multiple requesters for this particular item. So each Dr Requester will receive three minutes for their presentation. And then the sponsor will receive six minutes and public commenters willhave one minute. I dont see all of the Dr Requesters in our attendee are. I will takethose. Unfortunately i did not forward you there was a request from Debra Hawleyto go first. Missed pauline, you have threeminutes. Caneveryone hear me. Thank you. Good afternoon. President koppel and commissioners. Thank you for your time. Im here representing Dr Requester joe grant. Slide one please. Mister brand was adjacent to the east of this unusual lot project. At 37 mallorca away. In the lower Floor Unit in several buildings on the stree. He suffers from aphasia which does not allow him to speak and severely limits his ability mobility. Slide 2please. The slide proposes a 40 Foot Wall adjacent to the side. Slide 3 please. The cost he is housebound, reductions in sunlight reducing the ability to see open slides from his flat and yard are particularly impossible. Slide four. This shadow shows from 3 to 5 Pm Mister browns west facing windows which are now receiving son would be covered in shade for the project. Slide five. This slide shows the payment from 3 to 5 pm in the Summer Area Slide 6. The project is out of scale with theheight involved for the other mid walk buildings. Slot item 7, on the block four out of Scale Development , characteristics the pattern on this block and other blocks in the region have a larger Corner Apartment buildings to fourstory onetoledo apartment. Threestory buildings may block and the rare small separated on top of a third story. The twostory buildings are typically small Family Homes and the threestory buildings are defined by a garage on the Ground Floorand 2 equals slots. Slide 6. This Project Sponsor wants to take a twostory Angle Family Home and construct an 890 square Foot Unit on the first floor and a 448 square Foot Unit on three through four. Slide 7. This is a departure from the typical pattern of development in the marina and will set a precedent for specific high Scale Development in the marina allowing much larger homes that will make life in the Marina District become even less affordable than it is right now. 853 square foot fourth story of the project should be eliminated. This was a the main unit with 4000 square feet of space on the secondand third story of the building. Then the proposed 890 square feet on the first floorunit. There are many options and projectsponsors to add a generous amount of space to their home. President koppel thats your three minutes. We will take the hansons next. You have 3 minutes. This is mark hansen, at 31 Majorca Way. As debra said, the scale of the proposed project is not compatible with thesurrounding buildings in the marina and it is a significant departure from the established pattern the Building Department has improved in the past. If you drive around the neighborhoods and look , all the buildings go off floor and its always a partial fourth floor are 2unit buildings where the drive is on the bottom and theres 2 units on top of it and theres been an approval to do a half of a fourth story. All the singleFamily Homes are 2 bedroom or twostory buildings that have been allowed to go up after the thirdfloor and this particular project , the project is impacting 24 neighbors and five additional adjacent properties. And what were doing is taking a singleFamily Home and going up 2 full floors so if you look at slide 2, it shows the side of the building what everyone in majorca will see. The front of thebuilding which is the proposed Slide Number two please. The front of the building which shows the whole matter that historic front end which looks like the third story is not Part Of two thirds or three quarters of the building in theback. So what were doing is taking to all floors with 20 additional feet for all the majorca neighbors which is completely inconsistent with what the Building Department hasapproved in the past for a singleFamily Home. So the project does not comply with the modifications requested by the Planning Department previously where they were supposed to have had height for the floor size. Less than know better than eight feet but the project now includes third and fourth stories that are higher than the latter. The Floor Tile ceilings are a foot nine andthird and fourth floor 11. So what we believe that the consistent with the neighborhood and with the projects, the singleFamily Home should eliminate the floor which would still leave 4000 square feet of space for the second and third floor which is plenty of space for a singleFamily Home in addition to the hundred 90 square foot ebu. Thank you very much. Thank you. Lets go to the hardings next. This is charlie harding. My wife kathy and ilive adjacent to the east of the project. 35 Majorca Way. Floor of two spots in the building, joe grand lives below us. Our primary concern regarding this project and the impacts on our home is reduced light to both of our bedrooms are main hallway and our backyard on the proposed twostory addition. Our Backyard Space would dramatically be affected without any Afternoon Sun or late Afternoon Sunday that combined with being boxed in my wall on top of the 20 wall or their no windows could make it feel like wewere in the deep canyon. Both of our west facing bedrooms and the hallways would be severely affected in all forms of life includingindirect light. Thats like just proposed from the sky that we now see in direct sunlight as the sun sets to the west of our unit. Not natural light would be, we get natural Light And Sunlight all the way down our hallway to our front stairwell as well as the twobedrooms which comprise a fullthird of the living space per Square Footage of our home at this time. We also ask that the Project Sponsors eliminate thefourth floor entirely. And the design the home to be compatible with their needs for the threestory structure which would allow our indirect and direct light to be maintained as it is historically and within the confines of what was in the marina and in our case in 1924. We do not believe the accident that would be set potentially be set by this addition is beneficial to the rest of the marina. And certainly not to us or our adjacent neighbors as hasbeen discussed. Finally we find it hard to comprehend how the desires of one family would be, would benefit and be ruled in favor of over the desires of multiple familieswho are in objection to thisproposal. I youvery much for your consideration. In this matter. Thank you. Mister long has withdrawn his dr application. But i dont see Mister Rubin in our attendee area. I dont see his email or his Phone Number that was provided to us. So at this, maybe they call in or he will call in later. We should go tothe Project Sponsor. You will have six minutes. Can i get theslides up before i start . Are you hearing me john . President koppel we hear youand we will be pulling up your slides now. Thank you very much commissioners, mister brown, and thank you for hearing what were going to talk about toda. My name is Tom Perlman representing the owner of this project at 20. Secondslide please. The project provides a 2 unit home. The owners are not developers. They have been in the home for 16 years and half ayoung daughter. We have almost a 900 square Foot Onebedroom Unit for elderly parents who have over 80. Next slide please. Theproject maximizes the zoning. It respects the historical context as described by Mister Winslow and it respects the neighbors invarious ways which i will describe further on. Next slide please. I took this project over from an earlier architect. The project, there have been many changes requested by planning and the neighbors including as. Go back one please. You can leave it there, thats fine. These are theissues raised by the Dr Requestersas you for. Please go ahead please. Thank you. Youve heard the contentions of the neighbors including Height And Mass Incompatibility And Light issues. Could you advance 2slides . Please. The Height And Mass. One more. The Height And Mass isnot incompatible with the neighboringsurrounding buildings. You can see the Dr Requesters the hansens have a fourstory building. The hardings have to threestory building area Mister Rubin has a fourstory building and you can see a significant number of the buildings in this area are 3 and 4 stories so the project is in conflict with its three and four story neighbors and the Preservation Staff did review the project and determine the vertical massing is in keeping with the overall scale and mass. And not theto mention the neighborhood. One advance please. This project will not significantly impact the Light And Air to the west facing units of one toledowest. You can see by both of these illustrations theres a fourth floor , the setback almost entirely the depth of this West Wall on one toledo. Is thebuilding on the left. Of the subject property. So the residential design guidelinesalways talk about him reduction. This object will have an insignificant impact on the lightof a few windows , on the second and third floor of this building and no impact Tothe Air to the west. In one toledo next slide. The, there are a number of shadow studies and that despite the, i know these arehard to see but they were in your packet. Despite what the neighbors have contended about the fourth story, these shadow studies indicate in light blue that the different difference between a threestory building and a fourstory building is quite insignificant. Theres a minimal change to the amount of light that would be in the Yard Area both for theres virtually no change or one Toledo Way and zero change for 3133 area because theres no shadows drone from the existing building so theres n change any of the buildings. Next line please. So i think its important to note that the 3133 mallorca and all the buildings are completely unaffected by this project. There is no impact to their life, no impact to their air or the hardings at 3537 which is the left side of this red rectangle. There is virtually no chance for the light to enter their windows. There is some additional shadow into their yard and in the Midtolate Afternoon hours. About 3 00, to 5 00 area there is minimal impact to the direct Light Access into their windows and no impact to 3133. Next slide please. In terms of privacy again, the residential design guidelines referred to some potential loss of privacywhen youre in a dense neighborhood like that. Though we were on the front side where it says Roof Deck behind them main Guard Weve added, were going to add a six Foot Life but that would impac the historic resource. This would be verynoticeable from the street so were putting a planter there. And then on the east side , facing the majorca properties you can see the Floor Setback quite substantially on both sides. And that the originally they asked for no windows or privacy then they came back and asked for windows but we will have translucent glass and all of those windows. So we are providing Privacy Screening for all of the Dr Requesters. Next slide please. The contention that were going to obstruct the project with abstract visual access to the midlife open space is actually quite a strange one because first of all it was provided by i believe the hardings. This Istheir Yard 3537. And on the left is the Existin Condition and on the right , the red line is where the Rear Yard, the rear of the building would be so this project will actually expand the access and visual access to the Rear Yard. Im going to interrupt you there, that was your six minute shine. Missioners may have some clarifying questions later if you will have awoman revolve. Okay. I just have been informed that Mister Rubin is going to be represented by miss holly. I guess this is a last Minute Change here. Miss holly, you have another three minutes for Mister Rubin. Im actually trying to get him on the phone so he can speak. So on one moment. Okay, then, are you there . Okay. Tennis Amy Heerden Mark okay. Then you can speak now. I was having technical difficulties. I did want to point out just to start within my three minutes we have had ample discussions with the Neighbor And Architect in the process which made little to no effort to compromise as good neighbors and this entire effort which is the goal one legal proceeding. We asked for substantial changes and little to none including a planter which i did could come up within five seconds. On Theone Toledo Wayapartment building , four stories , one of the very fewin the marina , on the corner we will substantially be impacted and not myself but 16 residential apartments in and francisco which tenants living on 6 to 8 incomes that have lived there for several years which will now be drastically impacted for no forthcoming but someone whos incredibly wealthy next door who wants to create somethingthat stands and outshines the entire neighborhood. Again, project will create substantial Privacyand Light issues. You can tell by theshadow studies if you go to slide 11 , 12 and 14. Im not sure why the architect doesnt consider these substantial considering at various times through the year these tenants who are in Rent Control asked income cannot move out or besubstantially impacted. Again, fourth floor Roof Deck would be just 13 and a half feet away from the tents windows that would substantially compromise their privacy and a simple planter did not do it. The shadow studies again demonstrate that the project would result in asignificant increase in afternoon and early evening shadow. On the entire west facing windows particularly in the winter, spring and fall. The residents of the at least four apartments will no longer receive Light And Warmth into the new Shadow Cost which can considerablyincrease their costofliving. Again, fixed income tenants in a residential property. New shadows would be cast on the threes. Facing windows and white well windows. Again, they been very kind neighborly folks trying to have acompromise and provide suggestions for everyone to get along. And unfortunately , the neighbor has made little to no effort including the architect as they previously had said they would have yet to provide anythingsubstantial to compromise in this matter. You for your time. Thank you. That concludes the Dr Presentation and the Project Sponsor presentation. We should go to public comment members of the public who wish tospeak , Press Star than 30 to get into the queue. When you hear that your line has been mutedthats her indication to begin speaking area you will have one minute. On book liner,Planning Commissioner in the south bay. People dont want their neighborhood to change and theyre entitled to their opinion but their opinions should not outweigh the desperate need formal homes in themarina. The Development Context is not changing from a view of the neighborhood. Ifmy neighbors the same way when my home was built ,they left near their elderly parents and spent 200 years trying to make. The Planning Commission to deny the requestfor discretionary review allow this project to go forward. Are Planning Commissioner fromthe south bay. The south is going to love the San Francisco commissioner. Your line has been muted. Do you wish to submit your testimony . We will take the next caller. My name is diana wall and im calling in an opposition to theproject. I live here in sanfrancisco and im a new resident at the marina. For the prior comment where he said hewas going to set a precedent. I have a 60 Year Person in San Francisco, multigenerational and the uniqueness of San Francisco is about its neighborhood. The aesthetics, the Character Andthe Neighborhood ,etc. People come to San Francisco for this purpose. If the Neighborhood Lookthe same way as every other neighborhood , whatcan draw people to the city . I wonder about the economic impactespecially on tourism for importantly , this is the sizing of this and the height is going to set a precedent and that precedent is then going to potentially open the floodgates for other neighborhoods who worry about their needs being overshadowed by largescale buildings. They have to hold off for people plus a lot of people are dealing with those issues and they work within the confines of that home. [inaudible] and i still able to speak becausesomebody else is speaking over me President Koppel your time is running out. Our concerns are about the slippery slope thats going to happen. We are setting aterrible precedent that can haveimpacts on the rest of San Francisco and its unique neighborhoods. President koppel that ends your time. My name isronald maldonado, district 11. [inaudible] the western Part O San Francisco, keep that in mind. Im sorry, im in support of this project and i feel the analysis are showing proof there is a significant impact on the Neighbors Quality of life overall and in onepiece in particular , the types of studies going on with the people in shadow studies indicate that the novelty of that and the justification of that to ourneighbors. They disapprove of the Shadow Effects, having considered the effects last time. Just trying to justify a Shadow Effect on the quality of life or for these neighborhoods can prevent this so it does prove thatbias. Once again i want to oppose this project and i look forward to meeting neighbors. President koppel thank you sir but that is your time. Mister long, did you want to submityour testimony. Yes, mister 91 308. It was initially a ur response. And i rest in strong opposition. As noted by as a result of discussions and negotiations with the Project Sponsors who read kindly moved their western area away from the Project Window so that impacts wouldbe minimized. There will still be impacts but much less thanpreviously. So i will not beimposing the project. Thank you. Hello, i would like to speak insupport of this project. I have been following it for some time and i am fully aware that there has been opposition and that there have been negotiations and certainly there have been design changes that have met many of the requirements. The fact that it does add an additional Dwelling Unit i think is a very positive thing. I believe that impact will be minor. Thank you. Goahead color. My name is Candace Brown and by increasing the four stories, we have coming in will be dramatically decreased though i am again against the proposed project area thankyou. This is james at 33 mallorca away oppose this project for a lot of reasons that everyone mentioned and most importantly and significantly impacts the light into our unit. As well as see concerns and it deviates from pretty much the Building Height Ofthe rest of the marina. And that is certainly something that we dont need to see. Its getting more expensive to live and it is impacting i think over 24, 25 neighbors at the cost of one wealthy family who would just liketo expand their house. And the ironic part about this is that if you do this precedent ofincreasing stories to four stories , i can do much guarantee that come two years from now when we build to the last of this house, no bill be right here in this meeting arguing all the points that they just dismissed from us. So in summary, im against this project. Thank you. My name is colin doyle. I actually live in 20 Toledo Way whichis the dwelling directly across the street from the Property Area im calling in support of this project. Ive spoken the owner numerous times. Hes been open and then very friendly and frank and what he was trying to achieve and i agree with it. Ive often thought that house is the most offensive house on the block and the fact that hes gone out of the way do not mess with the fagade at all has been impressive andits why im having him such unreserved support. I like the commissioners to consider this project. [inaudible]. We can barely hear you that its very muffled. You must have a bad connection. Im sorry, im going to ask thatyou may be called back on a different line. Pretty much in audible. Caller this is cindy team, im calling in opposition to 25 toledo. My family has lived in the marina for 100years. My dad was born and raised, i was born and raised. I understand that 25 residents have a vision for their Upgrade And Remodelof the modernization what they want toaccommodate their elderly parents. They based on what weve heard today , i like an additional 4600 square feet would be more than enoughto accommodate moving an elderlycouple into your home. I think the Planning Commission needs to be concerned for the impact to themarina residents. What theyre saying is this is affecting our daily quality of life. Why we choose to live in a marina. The quality of life means what i experienced when im drinking my cup of coffee every single day in my home. When im sitting in my yard in the sunday whether i have to turn on the light to walk down the hallway or if i get my natural light. So i think that the Planning Commission needs to listen to them and really understand the daily impact that theyre asking you to consider thank you. [inaudible]. I do agree it is setting a bad precedent for future construction and again, im opposed to this project. Thank you so much. I am calling in support of thisproject. President koppel caller, we cant hear you. Caller, if you can hear us then i ask that you call back on a different line or try again. Caller hello. President koppel yes, go ahead now. Caller my name is christine, im a real Estate Broker and i have lived and worked in the marina for over 63 years and i am not in support of this project but it does set a bad precedent. Its unfair to the many many who are asked to deal with light issues despite the Shadow Study which is incomplete and does not have enough wall photos. There does not appear to be as light. The third and fourth Floor Height Hasnot been reduced as requested by the Planning Department. There is significant concern to me that the subject not protect tenants. San francisco has a strong progressive history of tenants and call people inthe golden years at one are going to be shut out. And. Thank you maam, thats your time. I live at 25Majorca Way and im in strong opposition to thisproject. Its a negative precedent for. And with on the majorca had a seven square feet for a Motherinlaw Unit thats 5600 square feet, theres regis amount of and its larger than the most extravagant server been. Unlike the gentleman at 2929 Toledo Way the folks that majorca received no concessions and id like to stop there. This is kelsey calling, i live at 27 majorca. We are directly impacted by the build and i amin opposition of the project. So directly impact quality of life by casting shadows. Probably over 75 percent of our view will then be blocked with Alarge Building Right outside my Master Bedroom, my balcony and my backyard. As someone who works from home fulltime it would affect my life. Caller i was in district 5 and i live on a street which is mainly two, three and fourstory buildings. I actually was surrounded by buildings which are three and four story buildings and im surprised to hear that people are so upset by the possibility of shadows but this is the reality of livingin a dense neighborhood. Id also say that i approve of this project. From my experience. And also i think the marina needs a lot more duplexes and a lot fewer singleFamily Homes. Some people say theyre afraid Ofdevelop Something in their neighbor. Should happen in the marina. I dont think we should be allowing main for singleFamily Homes in the Marina Hell most constructionhappens in district 6 in the tenderloin in the summer. Caller hello . President koppel go ahead. Caller hello . Yes, i lived in San Francisco since 1965 area i own the property at 41 Majorca Way and this is not evenbrought up yet. We are directly behind this project. Im against it, have these get rid of that fourthfloor because otherwise its going to hurt the Light And Air. Not only the building but of the project. Caller im in the neighborhood and i think the plans are attractive. I think it fits the neighborhood adding unit is also good for the neighborhood in myview. I support the project, iq. Caller im calling in support of this project. Ive reviewed the plans thoroughly and i do believe that it is quite in keeping with the neighborhood aspects. Id also like to emphasize that i think theimportance of adding the unit isonly adding value to San Francisco , to the marina neighborhood. Weve referenced an earlier collar who was talking about housing and addingan extra unit is a huge value add. But i think that should be absolutely supported by the commission has well at the neighbors. Thank you. Last call forpublic comment on this item. See no additional requests,. Unit one minute. My name is kathy, im a lifelong Resident District for. Listening to all for commission from the previous the commissioners talking about the anniversary of mister racial equity also we really and 80 you is on all Charcoal And Charcoal without the residence in house with the views and the beauty of San Francisco. When do we stop this whole communities is easy for people who work here . Doctor. I left out all that i will not working. Commissioners, that include public comment. We should go to the Dr Requesters for a one minute rebuttal. Miss ali, im going to unmute you and provide 2 minutes for your real given that you have Mister Rubin onyour line. Thank you, id like to speak just very quickly and ive got emily with me here who is an attorney for some of the Dr Requesters and the comment, i appreciate that unit is being added. I think the Planning Department is doing a great job of reviewing projects like this. And requiring either a second unit or an 80 you i dont think any of the neighbors any problems with two units this field. Thats the Development Pattern on Majorca Way, we just an issue with the oversized main unit and Theres Plenty of opportunities to replace the massing still have to bring units here. So with that out and over to bob. Thank you, i joined on behalf of the Dr Requesters. If you could put slide six backupplease that would be helpful. As for theres really two essential issues here. The person is that the characterneighborhood. Slide six and slide seven show that it doesnt. It changes consistent pattern to singleFamily Homes by adding twoentire floors. Second essential issue is the project create significant for the neighbors . Slide 12 you illustrates that of course it does. This slide this is on limited neighbors. Instead of enjoying the afternoon sometime in the. [inaudible] and design they might want a glass of Wine Or Barbecuein place will. Appreciate your interest in this project using modified and allow them to still have a project these will be this is excellent the on majorca. C1 mister harding, you have 1 Minute C thank you. We appreciate the concerns that have been forced in opposition with me on one. We the project the move. Not in my backyard argument. It is our backyard thats why were here. I think anybody that lives off the premises is not as concerned as we are and rightfully so. What again, we are concerned with one family desires over multiple say doctor. C1 mister and see if they have for c1 you have one. Can i get slide . The last one dated in my slide back. I cant see. Thank you. I do think its kind of disingenuous especially for Mister Rubin to talk about the significant impact of all 16 of his tenants when you can see from this photograph that the addition is fully behind all of the windows in his building. I also think its disingenuous of hansons who have a fourstory building, therefore the story is far larger than four story proposed here and create zero. Demonstrated no extraordinary Circumstances Year no incident on the dr or we ask you not to dr. You. Is this not. It is now. C1 while being is not expressed support. Transferring commissioner imperial. Commissioner imperial . I cant hearcommissioner imperial. Im wondering if we could still have Mister Rubin of one Stiletto Wavyon the phone this. C1 and unyieldingmiss ali. Do you still have Mister Rubin. I i can call him very quickly. Ill probably just ask you. Whats thequestion while im getting him on the line . Commissionerimperial i want to clarify about the units that are going to be affected at one Stiletto Way. Iwant to clarify what is being affected. If itsthe third Garage Unit , what are those units . Are they on the second, third or fourth story units . Id like to know. He mentionedabout what units are going to represent them. I believe those are the second, thirdand fourth story units on the left. Ben, are you on the line now . Just trying to get him still. The units on the west. I have you on the line because commissioner imperial has a question to get more specifics on the unit that are going to be. I was saying that from my recollection it was the west facing units on thesecond, third and fourth floor. Ifyou can elaborate on that. You are correct. This slide in thepacket that we have , the highest portion of the shadow would be around winter . Is that correct . Or by spring . I thought it wasold three seasons but i dont necessarily have that in front of me. You also mentioned about the private solutionyou may have on the west facing unit. Can you clarify again what might be thediscussion with the Project Planners and how to go . Sorry, im not clear. In terms ofthe privacy issues you mentioned around planters. I thought it was almost a joke that that was considered a compromise and we spent hours on the phone with the architect going through an operating them probably 10 to 15 options to assist in the process and came back with a planter. What is your request. The fourth floor, this is not, this is the marina. It is substantial in this area which is owned by those units. Itsnot practical. And its impacting the surroundings. Thank you foryour answer commissioner ruben. Sponsor, im looking more on the comments that you gave us we do find in the packet in terms of the the how the fourth floor is going to impact other units especially on the one Stiletto Way and it looks like what im looking to is the packet is that its may impact the roof of the garage what it looks like thats not the case. Im wondering if theres an analysisyou guys had done. Is there somebody on the Project Concertteam . This is jonathan building. Yes, we did the shadow studies and what i showed up, looked in the packet are all the essentially from 9 to 5 pm that we did on the season they and 41 toledo, theres noadditional shadow on the fourth floor at all. Theres a minor amount on the southernmost window. Again if you look at the big rock on the front of the house, its existence and that already blocks. But those windows will face west. They will get plenty of light. There will be a minor amount of shadow. Again, the second floor its already blocked. The existing building already throws shadows there. The Window Willhave a slight amount on the southernmost window. Thats no windows on thefront. The window youmentioned there will be no shadow. Okay. So just my initial, thank you very much for your response. Just my initial thoughts on this. I am concerned with the impact on 1 still in no way because there are more units and also the fact that it is a rentcontrolled unit that are going to be impacted area im also concerned about the Square Footage that i feel like is not balanced. The first unit is almost 1000 square feet but the second unit will be around 4 to 500 if im notwrong. So those are my initial thoughts right now when it comes to the shadow impact and designguidelines this massing of it. So i like to hear others but those are my thoughts. I have a question for architectural and you please bring Upthe Site plans. Plus your thoughts going the one polito the expansion, particularly the location of the balcony on thefourth floor. , what exactly are the rooms on thewest side of toledo. These types oF Growth that you have taken intoconsideration facing out anyway. Did my mightcome on . I havent seen your plan. You did not talk about those commission tounderstand. Why is the balcony is there. And that kind of effect and i want to knowwhat you are on that particular roof. Is my michael and mark. My third slide up on the screen, that will helpdescribe what Commissioner Moore is asking. President koppel is David Winslow controlling the slides. David could you pull up the slides for misterroman. Ill start with on the expansion of this, includes the third floor which is behind the man side. So its usually from the street it doesnt add anyvision. The second, third floor has 2 bathrooms. One stair. There is there is one that is. If you get the site plan. Fourth floor is Master Bedroom and on the Side And Home office. Owner does a significant amount of his work in asia so you want. That we go. The fourth floorrectangle , the period is fairly small. You compared to the third floor on majorca, you can see its smaller. We work with mister long on the left side and remove some. There as well as setting it in on the east side is the massing on that site as well. Can we focus ourconversation a little bit more towards my question. That is what exactly were your thoughts on the balcony of the whole office and the location where it is and what do you know about 1 Toledo Way and its impact on the owners whose windows are facingtowards your deck . From the fourthfloor because of preservation issues present. In. Third floor whichis Roof Deck is. So if there were anobjective that would be a roof. I understand that we had a Roof Deck on this project beremoved. At the request of neighbors the rest of the planningdepartment. So this is the space that is a roof. Its their. I am not completely sure what is in the specific rooms in 1 toledo. Again, were happy to put a screen there. Again, i mean, we review with the Presentations Staff we would be happy in 63 there be no visual dancing back and forth to the windows that are there. With a Planter Vegetation growing up there with Service And Purpose , we are providing a visual statement. Theres sixth of the matter is leaving the death of a smaller. There is not another project on this . The intent still appears to be joining us and is more Part Of the skate then something that tilts too fartowards these. S idea but thank you forthe explanation. I do not know what is in those rooms we do need to be sensitive to the fact that activities towards other windows let the bedroom windows to those tenants who live in the is commissioner in observations. Translate which are under constant seem relative to new buildings trying to present more of those units. Generally speaking which is the hollow room of your target fourth floor. [inaudible] class, frontline was from the designwas shown to the neighbors in the application meetings. And i work closely with the Presentations Staff on the issues relative to minimal visuals to the the historic resource. And what we come up with is something that has extremely little impact Ons Resource and in terms of shadows, here is a diagram in. The opera floor. The in. It isextremely significant. Its a very smallamount of change. So is it we were this by 18 inches or so made all and will change. In the shadows. So as time with the Reservation Staff they do not haveany issues with this all. You. Your use years and when that sex is a large, looking beyond where a singleFamily Home ultimately does come is recorded as a 2 able Units Equity beyond their family is concerned. Why is unit as small as is . All the numbers use those numbers. The rules for unit is three 700 square feet and theusable 3400 square feet. So its not as large as has been. This has to do with my clients and their desire to his Family Home. It was 80. It was not as there is no 2 equals units. The existing house is a on the floor. Living space is office for. Our intention to create s and families. It was the intention was to have Family Home and he will be owners parents who live here. I understand that an issue in the future some in terms of creating a more personal building that would three generations living, this seems likean appropriate rate. You have Growth Number for the unit as well. The gross unitwas a 90 is mostly open. Theres only a few walls in there. I dont have the exact number is around 50 square feet. Interested to hear what other commissioners have to say. President koppel Commissioner Tanner. Commissioner tanner thank you. I wanted to ask first of all, i think commissioner in material for asking questions i make sure you we understand the Shadows Study that is correct. The images that you shown to read area. Able from the fourth floor from my, certain seasons others but that is relatively today the. Your . Sorry. We did the neighbors wereasking us to remove the fourth or. We wanted to understand the difference, the differentiatio. The gray areas are the status of the existing building. Audiovisual work for work on the fourth floor. If you are very small on the fourth Floor Horse has to do with the. Again, this is quite small. I can zero in on my screen so i can see it larger. It only happens at certain times. I just emphasize this is me that changes are being three and 5 pm. Theyre very small. One for in that color, size and less basil directly you. So after what is it, about 2 0 , after about 2 00 for you you, dishonestly and you werent as big as as it does now. Commissioner tanner thank youfor providing. On neighboring buildings. Mister winslow. Mister winslow, you walk and perhaps those were listening as i and i this building building. Sure we context is. Practice was a seated, is. We worry, one that ddrrequested. We impacts of this specific proposal with two adjacent properties. In this case, the story is respect to wonderfully given say his locations as windows with on wonderfully did not seem to be affecting 1 to leo. Similarly along 29 Leo Mister was wrong, the two. So really, what we home in is in this situation is where there already lost. 41 transit you been35. Ub40 133 15, they are clear with respect to access a space, etc. Then brought on response to our ability to minimize the effects or minimizing the footprint of thestory addition. Also examined shadow studies on further analysis to make that determination that did not seem to be from the Shadow Study and significant impacts season im looking for Example Page 167 were sponsored so the neighboringbuildings on folio way. Years that is on the block. How is the of those go . See with the design guidelines related to sale what you see this is this basically arrives at those that are busily visible to the species. So is being maintained. Season and so he will be. Line. Thank you for thatand thank you for your work on this project. I think you mightwill very. Certainly i love to see celibacy for unit. Is a dnr are the reason for housing sizes. Hes very still as. They parity between units is something that i will see you on quitefrankly. I love writing for. That said policy that states that i dont believe the vehicles no policy guidelines we have that said, a. So we are the same to design what was going on. So while may not be for the following see some homes and some are larger, this will be said he is allowable as you. The shadows you are convincing the official will not be extreme. Sometimes of theyear would be times. I am persuaded that what ive seen so far. I commissioners. Those are mycomments. See 100 c6 i was confirmed with Mister Winslow is a code compliant these design. David winslow correct c6 i want to emphasize is ddr. The impact on mythinking. I do not see the neighbors create a set of facts legally this situation, the Design Requiremodification due to exceptional is. There is some impact on life, shadow rises to the center of extraordinary. I do agree with Status Recommendation i would move accordingly. Somove not to grant the car. President Koppel Commissioner chan. Commissioner chan i appreciate the concern commissioners have sent out. For me i think i support Staff Recommendation and while there may be shadow on ones leo that it would not be significant. I appreciate this product maximizes the zoning on residential units. I would support mister tanners urging unit where possible. Do not see that the fourstory building is extraordinary exceptional. I was intrigued by Commissioner Moores he will be privatization but im holding, i am open to seeing what the other commissioners think. Commissioner imperial thank you Mister Winslow . I want to hear anexplanation from Mister Winslow. Again i think the units on 1 still away less significant. It does there will be some impact it will not be extraordinary. So for this reason i am in support of the planning recommendation. President koppel okay commissioners, there is a motion is healthy be our whole house have beenmodified motion. President koppel unanimously 70. This takes us on, you will be. Through 31. Is authorization. I you is. Yes i am. [inaudible] the item is is now 3004. My love thousand square feet at 3139 hundred 70 square 13. Are 2 am to allow the area, Restaurant Dining your yard you see up to 10 pm visions recommendation. My personal space of the Restaurant And Bar consists is the 5200 square feet of floor area. In the commercial offers a. Some of connections between the commercial spaces, to be. Secure you will on you ada access is a key site 31 Clement Street. Links Bar And Grill was street 2019 and he was established 20. Sponsors are Commission Authorization to allow the merger orspace. All business i with the senate hours of operation, water and allow the rest dining. To clarify whos hours of operation are 11 am 2 pm seven days a week for Restaurant Dining out to 10 pm. This will basically modify the conditions of authorization for the establishment at 3141 wishlist 2 pm to 11 pm sunday through thursday and 2 am Friday Saturday with this proposal basically allows for the personal space to be extended hours of operation and now activity restaurant use. As far as a comment today, the apartment has received from the project closer to letters in support of this Project Position as signatures in support also received responses from neighbors concerned about the hours and orders from the establishment. And we have Credit Consideration all and 40 other areas. Also he i guess this project should retrofit your space to basically do more police. They area she is. And the concerns, the sponsors and in the neighbors will basically design world is. Available. The well and is this you will see the Project Sponsor in our attendee bucketlist. If you are with us Project Sponsor, please Press Star 3 to be added to the queue. And you will receive five minutes. In the meantime members of the public, star 3 to be added to thequeue. Two minutes. Caller this is todd, i live at 420 three third avenue, the opportunity to comment here. Were the neighbors of the applicant and have been for some what is our neighbors. Our legacy concerns that wewill result. We share a common wall with the Karaoke Bar and ive submitted my comments to the Planning Department. Buyer to the pandemic it was a multiple nice q. Week occurrence that we we would be woken in the middle of the night by karaoke. The applicant has always been a good neighbor and responsive but weve never been able to resolve this sound transfer issue. This is something we are concerned about now with this process as we are concerned about what our last force would be if this project proceeds and the Noise Issue Isnt resolved. This is a significant polity of Life Issue for our family. I appreciate the applicants that responded very quickly about our concerns about television on the patio and plans to make sure the restaurant is shut down by 10 pm because we share a backyard, and a Bedroom Not10 feet away from that property. These are concerns and we are justagain bring them here to make sure that our voices are heard. We do very much support this business, these 2 businesses. We just want to make sure this time the sound transfer is recognized and resolved. You for the opportunity to share. [please stand by] abandoned wi numerous complaints by the previous owner. It has been my dream to have local neighborhood restaurant, and respectfully Request Approval of my conditional use application. Operating a familyfriendly restaurant for over 10 years, i have worked hard to build strong Customer Base and be a good neighbor in the outer richmond. I also make sure that the street is clean and safe. After i took over t Bar And Grill, i renamed it to links fire grill. Prior to covid i was working on transitioning the bar to more familyfriendly venue. I gave up the Muchsoughtafter License to make sure the bar is a restaurant. I believe this will help eliminate any excess Drinking And Noise from the previous customer from the bar may have impacted the neighborhood. At the time of the notice for liquor license transaction, i did not think that i would be utilizing the backyard prior to covid. So it is open from 2 a. M. On the weekends and 11 p. M. On the weekdays, and we are utilizing the backyard this year a conditional use of simply seek to extend the hours of both akiva and Links Bar and grill to 2 a. M. As well and make permanent ability to be able to seat outside efficiently using the most space when we combine. With covid changing the way people eat and drink, it is even more important for me to utilize the backYard Area for Distance Measure and fresh air. During 2020 to present we have been serving customer in our backyard as a temporary measure. We would like to incorporate it as Part Of permanent operations so that we may be able to survive this pandemic. We have not received any complaints about Backyard Usage even though we have been using it for past year. Since this posting two of my neighbors, todd which spoke earlier have voiced some concern about late hours and noise. I have had conversations with them and hope to do my best to address his concern. Indeed, i have been in constant communication with them and hughs been very, very helpful with me, and related to this and i will try Everything And Anything in my power to do business to his satisfaction. In response to his concern with the c. U. , i have updated my Operation Manual to make sure that seating in the Rear Yard would be 8 p. M. So that we can clean and close by 10 p. M. In interested to note given the weather we do not think many customer would want to eat outside, but it would be good to provide the option for financial viability during this renovation we will also provide additional soundproof on the wall that borders their properties. We have also received great deal of support from neighborhood customers with over 27 letters support, 50 signatures from c. U. Im sorry. I have lost over 80 of my business during and incurred significant loan in the past year. This additional use is a need for me to keep my Business Operating and would appreciate your support for small business like myself. I am confident that i can continue to bring muchneeded Neighborhood Activity to this isolated block of Clement Street and provide a Gathering Place for the nearby community to eat and drink. Thank you for your time, commissioners. Okay. That concludes Project Sponsors presentation. We should continue with public comment. Again, you have two minutes. Go ahead, caller. Hi, this is todd boonis. I muted my line and ive already spoken, to maybe we can move on to the next. Thank you. Okay, last call for public comment. Seeing no additional requests to speak from members of the public, commissioners, public comment is closed and this matter is now before you. Commissioner diamond . Yes, im very supportive of the proposal and would like to help out the small business, but i am also quite concerned and the neighbor and feel like his requests are reasonable, and i would be supportive of approving this project with the addition of three conditions that match the three requests posed by the neighbor, which is that all outdoor activities and Noise Cease by 10 p. M. , that televisions are removed from the patio, and that the applicant uses retrofit to ensure noise from the Karaoke Bar escapes the building. No one should have to share a common wall with a Karaoke Bar where the Noise Bleeds through. I am interested in hearing what the other commissioners have to say. Commissioner tanner . Thank you. I definitely agree with those points and i wanted to ask the Project Planner as i was looking through the file, it did seem like, and im looking at page 22 of the operations, and i believe the following section after that does address the soundproofing. Is that adequate . Could you maybe explain how that would impact the soundproofing and the operations . Those are binding, correct . I just want to see if weve already covered it or we need to add more detail in what were approving today. Hi, Commissioner Tanner. Regarding the operation condition, it pertains generally to eating and drinking establishments, and you know, with the conditions also condition Thats Condition No. 8. Right. Thats what i see there. Pertaining to, you know, general noise, and then also theres additional conditions like nine and ten pertaining to notices at bars and entertainment venues and other entertainment. And i just wanted to also add that, you know, from the previous [indiscernible] conditional Use Authorization in 2013 for the karaoke use, theres also some of those conditions pertaining for the Entertainment Use and noise, and with this current proposal now the Restaurant Operator is intending to add additional i guess interior insulation to sound transfer. And i thought i saw a condition that that was required, but im trying to find it now. I thought i just read that is there not a condition about that . About the sound transfer . There is a [indiscernible] condition as far as per the 2013. Which apparently is not but this current one pertains to i guess im looking at condition 8, letter b. When located in the premises shall be adequately soundproofed or insulated for noise. I guess my concern is if youre saying that it was a previous condition in 2013, that must not have happened because theres sound escaping. How does Condition B get operationalized . Is that through the Building Department . Is that at this point . How are we going to make sure that the soundproofing does occur . Well, in regards to this, considering what the Project Sponsor, he could probably provide a little more input also, but you know, what can happen is on the plan, you know, [indiscernible] can be made that additional soundproofing be added for, you know, pertaining to this condition. Sharon, do you mind if i step in just for a moment . Yeah, thanks. Elizabeth johns here, northwest team leader. So the condition does get operationalized by the Building Department. It is a standard condition of approvals. We do have situations where the conditions need to be reviewed by our code enforcement team, so that would be the step that neighbors or adjacent properties would take if that condition was not implemented correctly. They could also contact the Building Department, but we could also, you know, make sure at the Building Permit Stage that were seeing the correct information on the plans that is showing the correct attenuation, yeah. I think thats my concern. Thank you so much for addressing that. I want to make sure that as this is going into the Building Department stage that this condition, whether strengthened language here, but is also evident in what they are proposing, otherwise this seems like the condition will just be living on paper but not in effect for the actual neighbors. The other question that i wanted to put out is i know it states that the outdoor Activity Area will close at 10. The Project Sponsor stated that seating would end at 8 p. M. , and i would like to see that actually included, that seating in the outdoor Activity Area would end at 8 and that everyone would be out of that area by 10, because i think that is definitely something that could easily slip and that there is Noise And Noise and noise until 10, and certainly you dont want to have to have a restaurant that has to shoe diners out, and so i think having 8 p. M. As the ending of seating allows folks to finish their meal and depart without it diagnose disruptive, but i would if the other commissioners are in favor would like to see it say that seating would end at eight and all activities would stop by 10 p. M. In the outdoor Activity Area. Other than that, i am very supportive of the project. Happy to see a small business expanding and providing more services in a great atmosphere, just as we are coming out of not being able to gather, creating an enlarged gathering space. Those are my comments. Commissioner moore . I would like to ask a question to planner ms. Young. Ms. Young, is there a Community Liaison with ultimately is the backup for the neighbors to have the productive interactive relationship with the operator . Well, in discussing with the Project Sponsor, it would be the current Restaurant Operator mr. Liu. Thats what he indicated to me. Okay, i believe that relationship between neighbors who may be hearing some things but not all the time is best maintained by having people finding somebody they can talk to. I did not see any kind of facility or general opposition to this project other than specific points we just addressed our own discussion. I am supportive of it. Id like to see that this project succeed with the possibility of further vacancies on Clement Street, et cetera. I think it is a positive move in the right Direction And Hope that this project together with good Community Interaction will succeed. I would like to ask the operator as to whether or not an htm last survey or last seating is supportive of his business model. There are certain type of restaurants with quickly, hour, hour and a half turnover. Could the applicant please speak to that. Yes, hello, commissioners. Yes, i totally agree with your suggestion, and i will do as much as i can to keep the noise down, and then last seating ending by 8 p. M. So it gives people to finish their eating within the hour and there are cleanup, like out by 10. Okay, great. Thank you so much. So i would support Commissioner Tanners suggestion to add that. I believe that Commissioner Tanners concerns were addressed. I hope that they are clearly expressed in the motion that were making. Of course they were partially already implied, and i am in full support of the project. Commissioner diamond. I had seen the language about the Noise Attenuation in the conditions, but i liked the Neighbors Formulation of it which basically said no it set a standard, which is that no noise can bleed through, and i believe its important to include that standard because the Project Sponsor has said a couple of times that hell do everything in his power to accomplish that, but i feel like we need to be clear about what the result needs to be, which is no noise can bleed through. Because if it does, then im not okay with having that Karaoke Bar stay open to 2 a. M. Every night. That seems like an unfair burden. So i would like to ask staff if we can write that condition in a way that is clear that the standard is no Noise Bleeds through with whatever enforcement and implementation language you think is necessary so that the Building Department has that in mind where they are doing the Plan Check and the inspections. How do we accomplish that, i guess . Im putting this question to staff. Yeah, i think we can craft that condition a little differently to meet the intent of what youre interested and [indiscernible] the way you want it to read. Commissioner diamond, we could simply rephrase that condition or simply add that the Karaoke Bar sound be fully contained within the establishment and just simply state that no Noise Bleed to the outside. Okay, then id like to move to approve the project with the three additional conditions. One is that the last Restaurant Service is at eight such that there is its completely shut down by 10 p. M. That no televisions are on the outdoor space, and that the and that the Sound Attenuation Condition is there, consistent with the language you just proposed, jonas. Commissioner tanner . I will second that motion. I think just making sure its clear for everyone that the first part is that the outdoor area would be shut down, indoor Restaurant Service could obviously continue. Right. Thank you, commissioners. If Theres Nothing further, we have a motion with a second to approve this conditional Use Authorization with conditions as have been amended to include that the outdoor seating, the last seating be at 8 p. M. And for all noise all outdoor operation to cease by 10 p. M. That the televisions be removed from that area. And that the Karaoke Bar sound be fully contained within the establishment and that no noise would bleed outside. On that motion, Commissioner Tanner . Aye. Commissioner chan . Aye. Commissioner diamond . Aye. Commissioner fong . Aye. Commissioner imperial . Aye. Commissioner moore . Aye. And commission President Koppel . Aye. So moved, commissioners. That motion passes unanimously 70. Commissioners, that will place us on the last item on todays agenda, no. 12 for Case No. 2021000603a add Leland Avenue. This is a conditional Use Authorization. Commissioners, we have received a request for five language interpretations for 5 leland, so i need to read this into the record and then i will ask that the interpreters please interpret my direction. First is that we have created breakout rooms on microsoft teams for people needing interpretation in those four various languages to hear and view these proceedings. For spanish speakers, you will need to call 4159064659 and enter Conference Id 927417311 pound and use the url for bitly planning 0527 spanish to stream that proceeding. For Mandarin Speakers, you need to call 4159064659 and enter Conference Id 590485787 pound. To stream, again, the bitly planning 0527 mandarin. For cantonese speakers, 4159064659, Conference Id 252184789 pound. Bitly planning 0527 cantonese. For thai shonese speakers, Conference Id26014782 pound. And bitly planning 0527 thaishonese to stream these precedings in that language. Sf Gov Tv will be scrolling these Phone Numbers and urls at the bottom of their Broadcast Screen for the duration of this item. For the benefit of interpreters i request we all speak slowly and clearly to allow them to opportunity to translate in real time. Following Staff And Sponsor presentations, we will hear from organized opposition. Then those members of the public who wish to submit their public comments on this item will need to call in to 4156550001 and enter Access Code 1877097807 and press 3 to be entered into the queue. This includes those persons needing interpretation services from those Ms Team Breakout rooms. When you hear that your line has been unmuted, that is your indication to begin speaking. If youre in need of translation services, please submit your testimony in short intervals to allow the interpreters to translate your testimony. All interpreters will have their mics unmuted, and so if the interpreters could please read into the record in those languages respectfully spanish, mandarin, cantonese and thaishonese. [spanish interpretation] spanish is finished. [interpreter]. O n s F G [interpreter] [interpreter] taishanese is finished. Thank you, everyone, for those translation. Everyone needing translation services can move to those breakout rooms. We will hear from staff. Project sponsor will get a fiveminute presentation, and commissioners we received requests from nine different groups of organized opposition to receive time. Through the Chair Weve coordinated with the Point Person of all of these organizations to provide a single organized Opposition Presentation of 15 minutes. Mr. Christenson, the floor is yours. Hi, good afternoon. Michael christenson. Good afternoon, commissioners. Department staff. As jonas said, i will try to speak slowly and clearly to facilitate the translation. I want to thank our translators for being here. The item before you is a request for conditional Use Authorization pursuant to Planning Code sections 190b, 202. 2, 303 and 712 to allow the establishment of a 2,198 Squarefoot Cannabis retail use on the Ground Floor of an existing twostory mixed Use Building located at 2400 Bay Shore Boulevard and 5 Leland Avenue. The project includes the merger of two existing storefronts to create the new 2,198 square foot space. The project does not include any request for authorization of an onsite smoking or vaporizing space. The project includes exterior modifications to the building, removing an existing aluminum storefront system, and installing a new Ground Floor storefront to match the historic condition of the property. The site is located within the Nc3 Zoning District, which is intended to offer a wide variety of Comparison And Specialty goods and services to a population greater than the immediate neighborhood. Adjacent properties along Leland Avenue are zoned nc2, which are intended to provide convenience, good and services to the surrounding neighborhood. The remainder of the neighborhood is generally zoned rh1, single family residential. Across Bay Shore Boulevard and the t third straight Light Rail Line is a development which at buildout will include up to 1,679 new units of housing. The proposed project began its Review Process in 2016 with an application to the department of public health to operate a medical Cannabis Dispensary. That application was referred to the Planning Department in december of 2016, and a Building Permit to establish a medical Cannabis Dispensary use was filed. At that time, an application to operate a medical Cannabis Dispensary use required a mandatory discretionary Review Hearing but otherwise was a permitted use. The Planning Commission heard the case on june 22, 2017, and continued the hearing to september 14, 2017. It was then continued to october 26, 2017, and then again continued to february 1, 2018. Prior to the february 1, 2018 hearing taking place, the city imposed a brief moratorium on new medical Cannabis Dispensary approval and then adopted the new Land Use of Cannabis Retail and imposed a new requirement on the allowed location of medical cannabis dispensaries and Cannabis Retailers. The 600foot Rule adopted under the Planning Code now requires a 600foot minimum distance between parcels containing new proposed medical cannabis dispensaries or Cannabis Retailers and any other parcel which contains an existing medical Cannabis Dispensary or Cannabis Retailer. As the proposed location does not require with this requirement, the project was tabled in 2018. The project is not compliant with this requirement because an existing medical Cannabis Dispensary with temporary authorization to conduct adultuse sales, is located at 2442 Bay Shore Boulevard, approximately 130 feet from the space. Subsequently, on january 29, 2019, the San Francisco board of supervisors adopted ordinance 1619, which established Planning Code Section 190b. The intent of this legislative change was to allow sites that were under review when the citys requirements were changed to have their projects receive a hearing and for the Planning Commission to decide the case based on the merit its own merits and the impact on concentration that would result. This section provides a full exception to the required 600foot Buffer between Cannabis Storefronts only for sites which were under review when the city changed its requirement. No additional approval is needed from this commission for use of the waiver. The section additionally allows a site to pursue a Cannabis Retail Land Use which under can Nc3 Zoning District requires a conditional Use Authorization. Additionally, our new regulations require that prior to the Department Or Commission considering a Cannabis Retail use, the site must first be referred to the department for review from the office of cannabis. In order to utilize the 600foot Rule exception under Planning Code 190b, the site must be either an Equity Applicant or an Equity Incubator licensed here. This application is at an Equity Incubator licensed here. The referral for this location was received on january 11, 2021, from the Citys Office of cannabis. In the application for conditional Use Authorization was filed on january 20, 2021. The Project Sponsor has conducted two outreach meetings, one on april 21, 2021, and another on may 8, 2021. Over the course of our review, the department has received a total of 478 comments in support of the project and 598 comments in opposition to the project. Letters in support of the project cited support for the Project Team, support for the decriminalization of cannabis, and inclusion of the industry and the Neighborhood And Support for the addition of a second storefront to the neighborhood. Letters in opposition stated that one storefront already exists at 2442 Bay Shore Boulevard and that no additional outlets are needed. Cited concerns for Youth Access to cannabis products. Cited concerns that this storefront would preclude other vacant storefronts in the area from being used by certain types of businesses, such as Child Care centers or afterschool programs. And opposition to the dispensary opening within 600 feet of 2442 Bay Shore Boulevard. Additionally, the majority of comments in opposition cited opposition to a medical Cannabis Dispensary use reflecting a continuation of the opposition to the project when it first was proposed in 2016 as a medical Cannabis Dispensary. The department finds that the project is, on balance, consistent with the Planning Code and objectives and policies of the general plan. While the project does not meet the required 600foot Buffer between Cannabis Storefronts, it is afforded an exception to this requirement under Planning Code Section 190b because the location was in processing when the rule was first adopted. Additionally, while this will cause two locations to be closer than 600 feet, the nearest other Cannabis Storefront is almost one mile from the project site, so the overall impact on concentration in the area is less than significant. This concludes my presentation, and im available for any questions. The Project Sponsor team also has a presentation for this commission. Thank you, mr. Christenson. I would like to remind members of the public that we have interpretation rooms that accessibility should be streaming on the bottom of the screen here. Just to update everyone, we have 14 members of the public in the cantonese room. We have one member of the public in the mandarin room. We have no members of the public in the Spanish Room and no members of the public in the taishanese room, so Theres Plenty of room for people to join. Project sponsor, you have jonas . [echoing]. Yes, Project Sponsor, you have [indiscernible] and mr. Christenson will share your presentation slide. Youve got a little bit of an echo happening, so i dont know if you have a couple of devices unmuted. Mr. Plat . Yes. We hear the echo, but i just have my phone. Okay, youd rather do your phone. Okay, hold on. We need to know what number okay. Mr. Plat, is this you . Yes. Okay, you have five minutes. Good afternoon, commissioners. Slide two, please. My name is dana im born and raised in San Francisco. Ive spent 30 years in public Safety And Violence prevention intervention, starting my career in the [indiscernible] ive been grand chief Community Organizer and advocate my whole life. I will also be speaking on behalf of john nower, a hero and a pillar in our community. John is extremely passionate about this project, but due to an unforeseen Health Emergency he could not join us today. When this project is successful, it would be the first business that john and i have ever owned. We are grateful for the San Francisco social Equity Program because our community has been one of the hardest impacted. Between john and myself, we represent nine grassroots organizations, over 500 residents with 90 San Francisco natives. The Equity Program was designed for our community, which has spent over a thousand years collectively incarcerated and impacted from the war on drugs. Slide three, please. Im a proud pacific islander mix. My Pi Community has been suffering. P. I. Representation in social Equity Cannabis [indiscernible] is critical to our community. Less than 1 of p. I. S have any ownership in businesses in San Francisco 30,000 in 1980 to 1998. Today our population is, in San Francisco, 3,359. We are an endangered species in our own home city. Over 70 of our people live in lowincome housing. The San Francisco Unemployment Rate is 6. 4 , but for us its three times higher at 21. 9 . This business gives us the opportunity to turn this around. This business represents real ownership, jobs and financial resources critical to our survival. Next slide, please. Over 30 of this business is owned directly by people in the community, giving us real equity. We have been residents of this neighborhood for over 100 years collectively with nothing to show for it except trauma and loss. We have attended public schools, created seven local grassroots organizations to serve our people, and secured over 10,000 jobs for the community all right here in vis valley. This business will generate resources to do more of the work that we have always done and preserve our culture. Im sorry to interrupt you. I paused your time, but our interpreters are requesting that you speak a little slower for them to be able to interpret in real time. So ill restart your time now. Okay. [indiscernible] we are well aware that there have been a lot of opposition to this project and there are many people in the neighborhood that would like to see us fail. We dont get it. We dont want them to fail. We are obviously people that want to see community thrive. We have dedicated our whole entire lives to it. Some of the arguments that we have heard include no owners of this project are from the community. That is not true. We are right here. The neighborhood does not want another kind of this store here. This is partially true and you will hear a lot from people that dislike cannabis, but they do not speak for the entire community. It will increase crime. Studies show this to be inaccurate. Lower the value of home or business. Studies show otherwise. Cannabis stores increase teen use. Three studies show no association. This will not help the community. Of course it will help. It will help with jobs, equity and financial resources. Next slide, please. This project started almost five years ago and is still hanging. Next slide, please. We represent Leadership And Membership in over seven organizations that have provided local programming for decades in vis valley alone. Citywide were talking over 12. Next slide, please. As i mentioned, we provide over a dozen citywide services for communities. The list of services that we provide to the community. We show up and we save lives, period. We have dedicated our entire oops, next slide, please. This is one of the most committed social equity [indiscernible] incubators in San Francisco. Over 30 of the ownership in this project is now owned by the community. Over 160,000 in funds are provided for social Equity Incubation. [indiscernible] San Francisco Equity Group have partners to build and operate one of the first paid Equity Cannabis [indiscernible] programs in the world. Next slide, please. After a lifetime of service, we have an army of support for this project. This is an opportunity for us to begin creating our own resources for our own programming and build our own future. Its time for us to become economically empowered to revitalize our communities and preserve our culture on our own. Please vote yes and approve this project today. Thank you. Thank you. That concludes the Project Sponsors presentation. We should hear from our organized Opposition Group. So let me see if i cant is this our organized opposition . Yes, this is the organized opposition. I just want to say thank you for this opportunity. If you could cue up the video. I will try to talk slow, but we are limited on time. We only have 15 minutes. Cue the video. You want the video now . Yes, please. First video, clip one. Hmm. This doesnt count against our time, right . Yeah, i paused your time because. Thank you. Why is it not letting me do this . Hmm. I apologize. I even tested it before the hearing began to see if i could share the video, and it worked. And now its presenter. Oh, maybe what it is, yep. Thats what it was. Thank you, mr. Christenson. Here we go. My main argument is typically access, and that one doesnt apply here. There is an existing mcd right around the corner. The opposition from the supervisor and the Police Department are gonna weigh very heavy with me, and again, this isnt the first time youve been here. We didnt hear you before, but youve been here before, and i think with that amount of time inbetween that that warranted the support of the Police Department and the supervisor. Thats where im at right now. Im not leaning towards approving this as of now, but i want to hear what the other commissioners have to say. Commissioner fong . Thank you. I appreciate all the comments, support and opposed. Obviously its still a hot topic. I dont know if this neighborhood is ready for that. There is one in the area, a pretty compelling one, the Police Department is not in support and while i think we try to look thats not always the case. They have their ear to the ground in that particular neighborhood more so than we do, so we do take that into consideration. The Project Sponsor had mentioned there are 75 delivery services in San Francisco that i believe are registered. Probably more, and i think when get through her exercise of allowing other dispensary, whether it is delivery or not to register, im going to guess that were going to see more than 75 out there. So in these areas where i think it might be controversial, i kind of lean towards delivery. Its pretty easy now and, you know as quickly as we can order cannabis. So i too at this point am not going to say no, but i would probably support a continuing tonight given how contentious this is at this point in this particular situation. Okay. Okay, go ahead. Done with the video . Okay. Thank you, commissioners. Im a resident of the neighborhood, my name is russell morene, and im representing Part Of the organized opposition to this. Together the people on this call have over 100 years of experience in vis valley as well. If this project came through to you as a new permit it was automatically be denied because of section 202 of the Planning Code. The code makes it crystal clear where new Cannabis Storefronts can and not locate. Theres a 600foot Buffer between these types of uses. Theres no ifs, and or buts in this. This project is within 200 feet of an existing Cannabis Storefront. There should be no exemption, no exception to this. Why are we here . Because of section 190 of the Planning Code. 190 provides a loophole that allows for this hearing. Its not entirely unfair, and ill give it to them. Its not unfair to give them this opportunity to have their hearing, but section 190 does not and im sorry, sir. Im going to interrupt you because youre speaking way too fast to be interpreted. Okay. But we have do we have a little bit longer than 15 minutes . Because i cant do it in youve requested the your group requested the interpreters. We provided you with 15 minutes. So im just asking that you slow down so that the interpreters can do their job in real time. Im starting your time now. Thank you. Ill try. So why are we here. Were here because section 190 of the Planning Code allows this loophole. Its not unfair, but this Loophole Shouldnt be considered an exemption to the 600foot Rule. Its not a free get out of Jail Card for text 202. The commission does not have to approve this because of section 190. You dont have to. The intent of 190 was to allow for a clear pathway for mcds to transition into retail. It wasnt allowed or meant for this. You dont have to accept this today. Its not necessary. It is not desirable. We have one. We dont need two on the same block. So please consider the intent of section 202. 202 codifies the 600 buffer between schools, youth centers and other Cannabis Retailers. 202 is not created on a whim or to punish the Cannabis Industry. Its the opposite. The Cannabis Industry helped craft 202. 202 was vetted by the board of supervisors, department of cannabis, public health and even this body. It was well thought out. It clarifies the citys Land Use controls related to cannabis. 202 provides certainty to the operators and it protects neighborhoods from clustering. The intent of 202 is crystal clear. We dont hear much about [indiscernible] anymore because 202 works. Project sponsors are essentially asking you to ignore the intent of your very own Planning Code and support a multimillion Dollar Corporation with an absolutely reasonable objections of the community feeling its going to have a negative impact. You dont have to [indiscernible]. Threshold are desirable or necessary . No, its not desirable. Opposition from the community is clear that the neighborhood doesnt want this. Not because were anticannabis. That ship has sailed. This is because its anticlustering. We have one, we dont need two on the same block. The Planning Code is on our side here. 202 says you cant do this. We shouldnt even be having this discussion. It is about Land Use and protecting the neighborhood. The Neighborhood Opposition is real. Its organic. Its from the people who live here, the people who dont want it. The people who support this are not from the neighborhood. They are from cannabis insiders. They are existing cannabis customers. They are not from the neighborhood. They are not organic. Is it necessary . Its not necessary. You can buy Cannabis Today in Visitacion Valley from a local vendor, you can get it delivered. Access in San Francisco for cannabis is not a problem. Therefore, a second storefront is not necessary, not two on the same block. We dont need that. No neighborhood needs that, especially one thats owned by big cannabis. They are presenting it as an Equity Play. There are multimillion dollars behind this project, so im closing it out. Please dont try to make this worse. We dont want to compromise. Dont do it on our behalf. If you do that, youre sending the message that this is somehow okay. Its not okay. The Planning Code clearly says that its not okay. So please just vote no on this. Visitacion valley deserving the same level of Land Use protection afforded to every other neighborhood in the city. We have one. We dont need two. Thank you for listening. Im going to turn it over to and followed up by marlene trend. Hello. Do you hear me . This is nelson, yes. First i just want to start off first im not an antikind of person, so thats not the reason that im in opposition of the 5 leland project. If this project gets approved, it will negatively affect the Leland Avenue smallscale commercial area. The merging of the space will reduce the number of spaces in an already small district, and decreasing the number of space, commercial spaces will undermine the Citys Goal of promoting a variety of uses, which is central goods and services in a commercial district. And instead, the commercial diversity, this 2200 Cannabis Storefront [indiscernible] use which is cannabis in a prime location. And its stated by San Francisco general plan no district should include so many specialtytype stores that space is no longer available for businesses that serve the needs of nearby residents. And due to its location and the commercial corridor of our services is kind of a front door for communities, this project, along with the existing cannabis, would define leland and that commercial strip. Moreover, Leland Avenue, lowintensity commercial area would be inappropriate for a large cannabis stop. As stated by the general plan, once again, large specialty businesses will be appropriate for largerscale districts or larger, more specialized uses can be served by broader citywide clientele. And does the valley really need another cannabis . Its unwarranted. Its unnecessary. Its undesirable. So ondemand cannabis delivery, which is a healthy competition, and the fact that the neighborhood already has an existing shop elevated to meet the needs, the cannabis needs that more adequately are met. Now if you look at the whole totality of the facts that have just been stated by russell and myself, and others in various emails, that this doesnt put Leland Avenue or the commercial area in position of success. It puts it in the position of a disadvantage and a loss, a sacrifice. But the gain of this will be the Project Sponsor, or should i say investors, who use Peoples Color for the reasons of trying to get this project approved for the purpose of selling it and flipping it. They already flipped three projects, one in stannion, one in hate, and they already sold their company to Project Cannabis, an l. A. Firm. So this is not about enriching the community and loving the community. This is about selfish speculators. And i ask this commission, each one of you, look at this look at Leland Avenue, the its comprised of only two blocks, roughly two blocks, Leland Avenue. Look at it as an investment for the valley and you have the fiduciary duty to manage and cultivate this two blocks of commercial area. Will you and and look at each storefront as an asset that you invest. Youre reinvested in a Cannabis Storefront, in a Cannabis Business to provide the needs for the community. Do you think it doesnt make sense. Does it provide the needs for a community but also does it create a vibrant, thriving, successful neighborhood commercial area . Does that make sense . And remember, its a portfolio hinges on diversification. So i ask each one of you members on that board, you have a fiduciary duty to manage this portfolio, what would be your decision about making an Investment Decision for each storefront in that area. Thank you. And so now were going to hear from marlene tran. Hi, commissioners, im calling on behalf of hundreds of very concerned residents, especially for the nonenglish speakers and seniors to oppose the 5 leland site. As a Volunteer Community Activist and a spokesperson for the Visitacion Valley asian alliance, im addressing those needs and concerns. In response to the Planning Departments requirements to avoid clustering, this site is in direct contradiction to the citys legislation. We oppose it for many reasons. It is definitely not necessary and not desirable. Several of the Project Sponsors have been using 5 leland for a few years, but they havent done any proper and essential outreach to our residents. We are 24 spanish, 75 families and many are new immigrants with [indiscernible]. Under these circumstances, many more folks could not express their opposition to this project, and especially during covid restrictions. The sponsors only written notification was in four languages, but the meeting on april 21 was only in english and only online. Therefore, they failed to provide proper opportunities for a diverse response. My office is diagonally across from 5 leland, but the sponsors have not sent me any Followup Communication about any subsequent meeting. For the Bay Shore Site we were able to gather thousands of signatures and hundreds of concerned residents went to oppose it. This proposed location is even more detrimental. Its right at the entrance to Visitacion Valley of 100 feet of the current one. The lowincome communities really need services and stores that can directly benefit us. Our Community Center is over 100 years old and certainly cannot accommodate the burgeoning needs for our youth, seniors and residents. Nowadays, with only online ordering, theres no need to force another Marijuana Store in our xhoont community. For years we have the media calling us the forgotten valley. Its a negative association in the neighborhood. If this second marijuana is forced on us, it will be even more detrimental to our bedroom community. It will impact traffic as a very narrow entrance and drive up the rental cost on our small neighborhood businesses that would have been struggling hard, especially during covid. Given our many valid reasons for opposing the 5 leland site, this proposal is even more undesirable and certainly unnecessary. Please allow our Visitacion Valley residents to continue to promote services that would directly benefit our residents. Please vote no on the 5 leland cannabis site. Thank you for your attention. Thank you, marlene. Thank you, nelson. Thank you for all the community members that are going to call in. I just want to close it out with the equity issue. Equity, this has been sitting on the books since 2016 2017. We were here before. I showed that clip to show you that theyve been there before. They had the same argument. The only thing different is two months ago they added an Equity Component to this project. They brought in people to say that they are going to be owners. They may be great people. I dont know them personally, but honestly ive never seen them before. Ive been in the neighborhood for over 20 years, and now they are calling it an Equity Play and an Equity Incubator. Thats meaningless because they have done no outreach whatsoever to this community over the last three years to kind of at least build a pathway to communication. They showed up two months ago with this project and said, hey, we want to do this, no Community Outreach. They did some zoom meetings okay, thank you, that is your time. Thank you. In coordinating with your Point Person, you were instructed that the organized opposition of 15 minutes should have included nine speakers, and you only provided three speakers. But with that, were going to move on to public comment. Members of the public, this is your opportunity to speak to this matter by pressing 3. For those persons who wish to submit their public testimony and are in one of the breakout rooms for a specific language, Youll Need to call in to nelson and marlene you will need to call in to the Webex Platform, and the number is 4156550001 and enter Access Code 1877094807. And then 3. Each member of the public will receive one minute. If you are in need of interpretation services, we will double that time to two minutes. When you hear that your line has been unmuted, thats your opportunity to begin speaking. Yes, my name is chris. I live in 100 block of Leland Avenue. In opposition to the 5 Leland Storefront being used as a Cannabis Dispensary. I also would like to see something different in that area. As far as a Cannabis Store being used to empower the aaip community, as a member of that community, you know, im all for empowerment. However, were talking cannabis. Were not talking about technical training or something, you know, useful to carry on into the future, so again, im against the 5 Leland Storefront as being used as a Cannabis Dispensary. Thank you. Good afternoon, commissioners. My name is david goldman. I am a longterm resident of San Francisco since 1973, a homeowner. Im the president of the Browny Mary democratic club, a cannabis policy club. I have known johnny and the team that want to open 5 leland for many years now, and they are of the highest moral character and integrity, and there is ample evidence of that. They have opened dispensaries in the hate, and Project Cannabis on brian street, and there have been no complaints from the neighbors about that. So keep in mind that many neighborhoods that first oppose cannabis and once the Cannabis Dispensary arrives they discover there are no problems with the neighborhood and it creates no issues at all. And if anything, it brings in more commerce and more people visiting the neighborhood. I strongly support this project. Please dont succumb to prejudice. Thank you. Yes, my name is wootie. Im an executive director of a Violence Prevention Organization called United Players and have been in San Francisco for the last 27 years. Im 100 support of this project, bringing in real equity to the people who need it the most. Whos been serving the blacks . Whos been serving the pacific Islander Community . Have you looked . District 10 everybody who mostly are dying or getting killed its black and brown people. Were not talking about asian pacific islanders. Im talking about the pacific islander part, not just the a. Where is the p. I. Being served in that Equity Part . [indiscernible] whos been giving his life to this community, and for them to get this opportunity is paramount to bring equity to the community for all the real people who live up there. These guys gave their lives to it. One of the guys who passed away up there, who was samoan, who was there to help them out . Who from that community came out there and supported them . It was just the pacific islanders and the blacks. And so this is something that needs to be passed and something that needs to be brought to attention is the a. P. I. Part. Where is the love for the p. I. S . Thank you. Thats your time. Good afternoon, commissioners. My name is michael cohen, and im a senior [indiscernible] democratic club. Ive known johnny [indiscernible] for a number of years, and i can tell you that he is a very reputable man, a great deal of integrity, and you can do that you can tell that by his actions. A person can say a lot of things, but its their actions that tell a great deal more than what they say. And johnny, you can trust. I would trust my life with that man. He has a proven record, and i strongly endorse this project. Thank you. Hi, this is tina wong. Im with the policy. Org. Number one is by any Cannabis Shop neighborhood. Commercial Stores Lease rates because the Cannabis Shops are willing to pay higher rents, and it becomes the least comparable for neighborhood stores. It is absolutely a bad idea for the neighborhood. It will make it even harder for small businesses to start a small business due to the higher rent that the Cannabis Shop inflates it. Leland avenue is a small Business Corridor that not [indiscernible] 2442 Bay Shore Boulevard in San Francisco and also the boomerang at Bruno Avenue is within approximately a one Mile Way from each other. Theres more than enough. People could shop online. They dont need to physically go there, and by having a second one, its just not its just not appropriate for the neighborhood. And the neighborhood the people in the neighborhood are averse. These are thank you. Thats your time. Go ahead, caller. Yes, hi, im here on support. My name is sean im one of the first Equity Applicants that was awarded to open up a dispensary on eight street, and im here to support because you hear the fact that this is the first equityowned dispensary that will be incubated by equity only, and i believe that this is something that needs to be in the community. Its going to provide jobs, and we know that the margins for cannabis have risen add is going through all kinds and so we have 21 years and older, young folks that getting into business, learning about it, graduating from University And Learning about the cannabis. So i think that this Equity Store will be theres the leaders of making sure things grow and lead better and actually develop a sense of people understanding that they can get in this Business And Rise to the top. I totally support this Store Opening up, and not only that, i want to just say i think that this store will also protect the community. I have my own store, and our cameras, our security, we keep the neighborhood safe and we keep the neighborhood in comfort. Thank you. Thats your time. Hi, my name is and i just wanted to say im a San Francisco resident, Community Leader and speaking on behalf of 75 members of the community that my organization is a Part Of, San Francisco [indiscernible]. We are in full support of this project. This presentation given today showed exactly how we are underrepresented in our community. When it comes to business ownership. Leaders in our community. They have created unity in our community. They deserve this opportunity. Thank you. So im please vote yes to approve this project. It would be crazy to prevent it moving forward. Thank you. Hi, my name is robert callen. Im the pastor of sunnydale, and as a born and raised San Francisco an, i am familiar with the comments, practice of Flooding Marginalized Neighborhoods with drug and alcohol. This drug this additional drugstore being put right in the middle of Visitacion Valley is detrimental, and the fact that it will be ostensibly owned by, quote, Equity Or Minority is irrelevant because typically these drugstores and liquor stores are owned by minorities, but the effect is the same, a denigration of our culture and of our neighborhood. I urge you to vote no. Thank you. My name is betty jean williams. I am a longtime member im sorry, resident of San Francisco. I am appalled and i am amazed at how people are ignoring the elephant sitting in the middle of the room. Equity is not the issue. The issue is that the poison is being pumped into our communities over and over again this is the problem. In the 18th century, england started exploiting opium to china in order to subjugate them and make it easier to export their resources. Late in the same century white europeans began plying native americans with alcohol in order to subjugate them and appropriate their lands. In the early 70s, u. S. Government declared its war on drugs with a war against africanamericans. Crack cocaine was poured into our communities in order to decimate our families and reverse all the gains we had from the civil act signed. Crack Cocaine Play Campaign was highly successful. Thank you. Thats your time. Yeah, thank you. Can you hear me . Yes, we can hear you. Thank you. My name is and im speaking on behalf of over 100 community members from living in peace, a local grassroots organization, focused on housing, ending homelessness and helping folks achieve financial literacy. We are in 100 full support of this project. Gainer and john, that gentlemen that said they are not from here, they are born and raised in San Francisco, serving in this community and have about 60 years of service of community work, working all those years serving in this community. We need more local ownership when it comes to businesses in our community, and with all of the development happening around us, we need jobs and opportunities that will allow us to stay in our community instead of being pushed out. We need to preserve our Culture And Way of life. Business ownership and jobs are a clear way for us to see this. Please vote yes to approve this project and remember john and gainer are from this community, from San Francisco, born and raised. Thank you. Go ahead, caller. Support. Hello. This is jacob thomas. I was calling to express my whole hearted Support And Endorsement for the storefront on leland. Please lets go ahead and make this happen. Thats all i have to say. Thank you for your time. Hello . Yes. My name is ann rose allenton. I represent all islanders gather as one. I am speaking on behalf of over 100 local residents. We are in full support of this project. This project will be a Part Of the pathway, a Workforce Development Program being created by the sf Equity Group, equity pathways create pathways to careers in the Cannabis Industry. Participants will start by attending a Cannabis Education Course at Oak University and city college. Then they go to the Success Center to learn about metrics, the cannabis trade software. Finally they go to a Retail Store for an intensive 400hour paid internship for over 10 weeks to learn every aspect of the Cannabis Retail operation. At the end of the program they are ready for managementlevel jobs in Cannabis Retail. This is about real careers. These are lifechanging opportunities for our community. Thank you. Thats your time. On this i would like to remind members of the public who are calling in to speak that when you hear that your line has been unmuted, thats your opportunity to begin speaking. Hi, my name is and i am a hundred percent full supportive of this project. Thank you for your time. Good afternoon, everyone. My name is damian posie, born and raised in San Francisco. Im also a community activist. Im also a cannabis activist. Also a social Equity Advocate and i am 100 in full support of this project. Individuals speaking on stuff that they dont know about needs to come, really do some research with individuals that [indiscernible] industry is doing nothing but supporting the community. Im in the community all day every day. Im not talking about it or sometimes, but each and every day, and ive been seeing the positive effects that the stores are having on the community because the people are holding them accountable. They are saying, okay, youre going to be here, you have to support the community, and thats what theyve been doing from supporting the house lists, supporting the Violence Prevention in the communities and everything as such, and i know for a fact that these individuals, because they have come out and supported me, just like said, they came out and supported me personally doing stuff in the community before and after cannabis. Please, please support this initiative. Please and thank you. Hello, my name is Gina Tobar and i reside a couple of blocks away from the proposed location. I am opposed to this dispensary, not because i dont want to see something like this happen in the community, but i just dont like the location. I would like to see this little our commercial stretch to not have such a strong focus on cannabis. This kind of proposal would be better in sunnydale. Is that my yes, hi, my name is dorothy currie and im a representative from the Community Unity in Visitacion Valley and im opposed to bringing into the Cannabis Club in because we need to be putting Child Care centers and other things there, and we dont need another Cannabis Club there, and other drugs there are already so bad that this will make it detrimental to our people and were already struggling to get out of poverty. Thank you. Hello, commissioners. My name is joelle and im president of the outer mission residents and merchants association. Im calling on Behalf Today about this project at 5 leland. I hope you would seriously consider opposing this project because of the issue of traffic of two Cannabis Clubs being located nearby. We had three Cannabis Clubs approved on february 16, 2012, and we had two clubs within the 5200 block of Mission Street that are 164 feet. We are also having an increase in crime in the area because of this, because of the attraction of these clubs that are bringing people into the neighborhood who are coming from the airport that have their cars full of stuff. They are getting broken into. Theres a huge ring going on right now, and its a very negative impact on our neighborhood that i dont see any clearing up any time soon. Thank you for your time. Hi, my name is shelley taitum. I was born and raised in Visitacion Valley. I went to Visitacion Valley elementary and graduated from the junior high and was the student body president. I went to woodrow wilson. My Name Carol Taitum has been resiing in the valley for over 50 years along with my aunt La Von King who has also been there for over 50 years. I used to buy Ice Cream from shelleys Ice Cream. How many folks can say that . Thats real. Cannabis has been nothing but positive in San Francisco. I havent heard any i havent read any negative writeups about crime. Ive heard nothing but great things about the city collecting lots of tax revenues, so its definitely an economic restoration business. I support it 100 , and its a win for people of color. Thank you. Hi, my name is farren ellington and im a Part Of the p. I. Community. I have known gainer, sis and my whole life and i follow their community efforts. They are completely faultless, sometimes too much and neglect their own lives to help others and are extremely passionate about uplifting not only the p. I. Community but many undeserving communities with little monetary support. This business would enable them to make a greater impact than they already have. Please say yes and thank you for your time. Hi, good afternoon. My name is lisa. Dear commissioners, i came to oppose the second mcd on leland. No second mcd in the community either. Order online is so easy nowadays. Online order is more convenient, more privacy. Its also delivered to your doorway, so why we need a second one . No second ones on mcd on leland, not necessary. Thank you. [indiscernible]. Go ahead, caller. [indiscernible]. I oppose to have Cannabis Store here. Hi, my name is celina and im also born and raised in San Francisco and ive been living in this valley since i was two. I do not support the proposed Cannabis Dispensary. My main concern is that we already have one around the corner and we dont need the image that there is a concentration of dispensaries here. Why is it being proposed here when it doesnt serve the majority of the community . This is a diverse, workingclass neighborhood, diverse socioeconomically, racially in age and families. I think its an insult to send a message that this community is only good enough to have another dispensary here. We should be putting in other things, like a cultural center or educational center. Additionally, i think its an insult to further promote the Cannabis Industry here near an area that has already problems with substance abuse, poverty, lack of Employment And Lack of access. This is disrespectful. Yes, im all for equity, but this is not the way to do it. So please vote no on the proposed Cannabis Dispensary at 5 leland. Hi, my name is cindy Dela Vega and i am a San Francisco native, born and raised in the sunnydale housing project. Visitacion valley is sunnydale, and ive known john and gainer for years, and they have done so much in our community. Our community is in need right now. Our community is always left last. Our pacific islanders dont have anything, dont own anything, and this is their opportunity to get something. They deserve it. They are always in the front line. John has done great work. Hes been my brothers football coach. Gainer has been [indiscernible] helping and supporting all of us. I myself am an Equity Applicant and i opened my store and im a first latina dispensary owner, and i would love nothing but to see more positivity things happening. What i was able to do was give people, minority folks, jobs, going to Success Center, Oak Fer Dam university, also through the workforce development place. So to say that its not something thats going to be beneficial for our community is wrong. It is beneficial, and it is not a drug. It is medicinal, and you need to remember that during covid thats why these dispensaries were open. Its a positive thing. Its not a negative thing. Thank you. Thats your time. Go ahead, caller. When you hear that your line has been unmuted, thats your indication to begin speaking. This is josephine representing 300 families in this valley. Please vote no. 74 of the population in vis valley are families, 54 foreign born. Again and again we have opposed year over year again and over again. Nearly 600 opposition requests from immediate residents must have to count. They would have flooded your Hearing Room in regular times but now they cant even call in because when they call in the Land Line with all these numbers and codes and all that, thats they cant speak there. They have to call on the English Line to speak. This is inequity adding to immigrants, lowincome, limited english speakers. Its enough to put vis valley as the dumping ground of dont pit people against people and dont put profits ahead of people. Okay, [indiscernible] my name is theresa wong. Im living here since 1999 and we bought the house also at the same street on 2002, and the point is after the first Marijuana Shop was open and our whole neighborhood is become disaster for breakin. Even two weeks ago there was someone breaking into our backyard and flooding the whole neighborhood. And if there is more shop that is opening up and that will be really our neighborhood safety. Just let you guys know that it was never happen since they open. It was, like, from 1999 until right now, so so many years theres Nobody Break in, and then right now its breakin like almost every two to three months. Okay, its your turn. Hi, my name is celine. I am 11 years old. I was raised in Visitacion Valley. I dont think we should open another Marijuana Shop in Visitacion Valley because i always see people smoking in front of City Bank and its really bad for our health. Thank you. Thank you. [indiscernible] for the store being opened up, im john [indiscernible] youre the man, and i think he represents the polynesians of San Francisco really well. Im with the movement as far as the store being open. Thank you. Hi, good afternoon, commissioners. My name is Carla Lorrel and im the director of West Bay Filipino Multiservice Center and im here to speak in support of the project. Equity in the community is about making sure that those affected by the war on drugs are given opportunities like this. Historically cannabis has been used for healing and indigenous communities, and gainer and john have both dedicated their lives to making sure that those that are underserved have opportunities and second chances, and its important that we grant them this opportunity. In a neighborhood that has historically had a large population of pacific islanders, its important that pacific islanders can be stakeholders in their own community as well. And also in this time when we talk about stopping a. P. I. Hate, as a filipino oftentimes our community is overlooked, but even more so is the pacific Islander Community and they rarely ever get the support they need, especially when its something for positive, and especially when bad things happen to their community. This is extremely life changing for their community, and i support it in full and thank john, Nower And Gainer for all that they have done for the Community And Hope that you guys support this project as well. Thank you. Members of the public, when you hear that your line has been unmuted, thats your indication to begin speaking. [indiscernible]. [speaking alternate language mookt. Yeah, i oppose to establish Cannabis Retail store here. [speaking alternate language]. Go ahead, caller. [speaking foreign language]. Maam, im going to ask you to pause so our interpreter can interpret. Okay. Okay. I oppose to establish a second Cannabis Store here, yeah. Because its negative effect our community, yeah. And since there is another cannabis in this community our robbery and also breakins increase a lot in our community, yeah. I dont understand why the city want to establish another Cannabis Store here. Why not establish in any other community . And i think, yeah, this Cannabis Store is negatively impact in our community, yeah. And yes, more Cannabis Store established here i think it affect the safety and also affect our community very thank you. Thank you. Thats the time. [speaking foreign language]. Thats your time. [speaking foreign language]. Hello . Yes. Im in 100 in full support of this project. Ive known gainer and john my whole life. I was born and raised in sunnydale, and okay, it looks like we lost that caller. Okay. Members of the public, last call for public comment. You need to Press Star then 3 to be added to the queue. Members in the breakout rooms or members of the public in the breakout rooms for the various languages, you need to migrate to the Webex Platform by calling 4156550001 and enter Access Code 1877094807 to submit your public comment. You need to press 3 to be added to the queue. When you hear that your line has been unmuted, that is your indication to begin speaking. Hello, my name is Cheryl Smith and im calling in support of the Cannabis Club that is being proposed. I have not seen any evidence of cannabis creating any Violence Or Anything like that in a community, so i am calling to support the project. Thank you. Hello . Yes. Hi, my name is Cheryl Smith and im calling for oh, im sorry. You just spoke. Thank you. We heard that, thank you. Hello, there. How are you doing . My name is omar. [indiscernible]. Omar, we cant hear you. Can you hear me now . Yes. Yeah, people like john and gainer put so much Sweat Equity into these communities all over San Francisco. Long story short, they deserve, they really deserve this opportunity to provide, not only for their families but for these families in these communities. Thats pretty much it. Thank you. Have a good day. Hi, my name is oswald and im one of the tenants that live above the 5 leland, and im against the Cannabis Store opening because in recent months theyve been having parties at night and loud music and acting reckless disturbing the neighbors in the area. And a year ago i was assaulted by the other Cannabis Stores customer while walking my dog, so there is violence out here, so im 100 against the Cannabis Store opening. Thank you. Hi, id like to urge the panel to please vote no on this because it is out of line with the economic culture that the residents want to see on Leland Avenue. Its such a short commercial area. Theres no reason we need to have two dispensaries here. Thank you. Go ahead, caller. When you hear your line has been unmuted, thats the indication to begin speaking. Hi, this is of Earth Project Staff of 5 leland came to us in 2017 and said they have to open it here knowing there was another one approved but because they have been paying over 10,000 rent a month for years, and they could not find another place because this was the only green zone. You know they are [indiscernible] you know, they are profiting here. You know they take away from the community. Do you know they dont belong here. Can a Mandarin Speaker ask a question . You can submit comment. [speaking alternate language]. Go ahead, sir. I cant. If youre speaking, we cant hear you. Hi, is that better . Okay, well, im [indiscernible] all about more traffic they have coming through [indiscernible] more taxes and more [indiscernible] its all about opportunity [indiscernible] its all about equity [indiscernible] we have been Part Of the community. We have built the community, just like everybody else, and we deserve it just like everybody else. I am in absolute 100 agreeance with it. [indiscernible]. Hi, my name is and im in support of the activists behind this project to open the dispenser. Im a human Rights Activist and very active in my own community, which is Part Of San Francisco, and i just wanted to say that in a lens of economic justice, i think it is important to create opportunities for all americans to thrive and to prosper, and if this Equity Initiative is something that would bring something positive to the community, particularly because of the people who are behind it, who have a track record, and thats my comment. Please vote yes on this initiative. Thank you. My name is mitch. I oppose. Thank you. Hello . Yes. Yeah, i want to say if you open the drug store, you may need to open another healing store, like hong kong. They have i speak in chinese. Can you please translate that . Helping the addicts to quit, some place to help them to quit. Its not just get crazy on the street, hit people, losing life, and [indiscernible] on the street and how many are these people . And just if you guys need to open that kind of store, you may need to also think about opening another hospital to help them to quit. But i dont see the city having those kind of services so far. No even no [indiscernible] but no promoting so people doesnt know where to quit. They just, okay, i took marijuana, i need to rob people to get some [indiscernible] thats nonsense. Just think there are people who pay tax each year to also living in scary because of their wrongdoings. Do you understand what im saying . That was your time, maam. Thank you. Im going to make one last request for persons who wish to submit public comment. You need to press 3. Okay, commissioners. Seeing no members of the public requesting to speak at this time, public comment is closed, and this matter is now before you. So ill wait for the other commissioners to chime in, but let me just make a couple of comments to start off. During these times weve seen a lot of businesses shut down and people leave the city. I think the duty of this commission is to fill storefronts where we can and give local businesses the tools they need to succeed, and mentioned by a caller, this is not only a business its an essential business that was deemed open during the pandemic. Rudy corpus also mentioned some key points that this sector has been very valuable to the africanamerican community and the a. P. I. Community, and also the previously incorrespondence rated community, which incarcerated community, which often gets overlooked. Im confident that this operator will make every effort to improve the neighborhood as often as they can, and ill be supporting the project today. Three members of the public are requesting an opportunity to speak. Should we give them that opportunity . Yes. Again, when you hear the line has been unmuted, thats your indication to begin speaking. Go ahead, caller. Im okay with the cannabis. [indiscernible]. [speaking other language]. Ive been to have second Cannabis Store here. Its not safe our community. If you want to establish a second Cannabis Store here, they should also set up another Police Station here. [speaking other language]. Okay, and also two Cannabis Store is too close to each other, and i dont believe that people have to line up to buy the cannabis. [speaking other language]. Medicine is supposed to help a patient, but the cannabis is not helping the patient. It damage peoples, their nerves. [speaking other language]. And you always talk about equity, but i dont see any notice in chinese post in our community since they are planning to establish another Cannabis Store here. [speaking other language]. 60 people in this community are asian. [speaking other language]. Thank you, sir. Thats your time. But theres no notice in chinese about the Cannabis Store to establish here, so we have know nothing about Cannabis Store to be established here. Hello . Yes. Hi. [speaking other language]. I dont understand why they want to establish so many Cannabis Store here. Yeah, why they dont establish the store in near City Hall or on Market Street or even at the fisherman wharf. [speaking other language]. So if you establish Cannabis Store at those area i just mentioned, that is more helpful for the economy of the community, yeah. But you establish a Cannabis Store here, you really have a negative impact on our community. [speaking other language]. So if you establish a store like at the area like and you establish as a model this see establish Cannabis Store over there, its good for our community, then we will agree. But now we dont have any sample how good to establish a Cannabis Store here. So i will oppose to build any Cannabis Store in our community. Thank you. Thats your time. Hi, is it my turn . It is. Yeah, hi, my name is linda. I live on raymond street. I am representing 200 neighbors around here, and we are 100 opposed to the mcd project. There is not 2442 bay shore. If the people need it, they can go there. We have a lot of young children, families around the neighborhood, and they are monolingual. What we need is a safeway, not a Cannabis Store. Education center, not another mcd. This will be a bad addition to the neighborhood. Please, please vote no to it for the community safety. Thank you so much. Go ahead, caller. Can you hear me . Yes. Okay, my name is sweeney williams. I have been working with brother john and Sister Gainer for the last 20 plus years. Speaking on behalf of almost 50 members from the San Francisco south pacific islanders organization. We provide crisis response, services to the Community And Guarantee and John Work in this gainer and johns work in this area has saved lives. We support this project fully. Leaders that are connected to this project have served the people of San Francisco for over 100 years combined. They are dedicated to the communities in the city, and the work they have done has saved countless lives in the community. It is important that this project is passed, the resources that these individuals have always come back to help the community. And please vote yes on and welcome to america. The more the better. Thank you. Hello, my name is Lisa Parker and im in favor of this project because it will not only lower barriers for Cannabis Licensing but it will also create business opportunities for those who are negatively impacted by the war on drugs. So please vote in favor of this project. Thank you. Go ahead, caller. Again, members of the public, when you hear that your line has been unmuted, thats your indication to begin speaking. Okay, ill take the next caller. Go ahead, caller. All right, ill take the next caller. Hi, my name is Patricia Alet and i support this 100 . John nower is one of the top leaders of the Bay Area and done a lot for the community. [speaking other language]. Is our interpreter still here . What do you mean by the leader in our community . You mean our leader also supports to establish Cannabis Store here . Okay, well take the next caller. Caller, do you wish to submit your testimony . All right, well take the next caller. Hello. Go ahead, sir. Hi, my names david i am in full support of this Cannabis Store opening up. See, i was born and raised in that neighborhood. Dr. Corn and jennifer right there at the dentist is where we would go to the dentist, you know, the laundromat that was there. Im in full support just because of the fact that, you know, the people that are going to be running this store look like me. You know, and i living in a community, i didnt even think that people that looked like they could own this, you know, and so being of local community in that community, owning a business thats for our community, i am in full support. I love it. Like, this is so awesome and this is a great thing for our community. And i understand everybodys opposition, but, look, we are the minority of this community. Now we have our time to do it. You know . And its great, and im just in full support. I love uncle john. I love my sister gainan, and ive known them all my life, and theyve stayed in the community so many times, and the city too. So when covid was going, they were still out there. Thank you, sir. Thats your time. Okay, commissioners, that concludes public comment. Anybody else . Commissioner fung. I consider this cannabis within the 100 and something feet of the existing cannabis to be an overconcentration, and i intend to vote against this conditional use which criteria has not been satisfied. Commissioner imperial . Thank you, President Koppel. This is quite complicated or tough decision. When i you know, when i think of cannabis and when we look into the cannabis hearing Planning Commission, i always try to balance in terms of the voices of the residents and also the cannabis Equity Program that the city has at the same time. We also have the rules here to section 202. At the same time we also have the section 190 that its i believe the Organizers Opposition also pointed out. However and this is something that, you know, i am battling in terms of the cannabis or the mcd turning into the Cannabis Retail use, especially in this area of Visitacion Valley where i feel lake that the residents themselves need to have in a way a Community Planning on what they would like to see in their own mcds, and if there is such, i do believe that the Community Planning needs to have in order to see what kind of businesses they would like to see or what kind of community uses they would like to see. In terms of this particular project, i do think that there is an overclustering that is within or less than 600 feet, which for us here at the Planning Commission, we always follow that rule, and i always abide that rule, just because it creates balance in the community and it creates balance in neighborhood corridors. So those are my thoughts, and i am leaning towards not approving this project. Commissioner chan. Thank you. Thank you commissioners for your comments and i also wanted to thank members of the public for providing your feedback today. Ive thought a lot about this project, kind of weighing the different considerations and its a very tough one. For me i have no doubt that the Project Sponsor is a competent operator, given their experience, but for me this is about weighing kind of the bigger picture, right . Its looking at the current conditions, interesting storefronts and the possibility of Opening Kind of future storefronts. I have generally been supportive of Cannabis Retail storefronts. I do think in this case its almost the opposite situation. Leland avenue is not a particularly large corridor. I do find that having two storefronts that are just 130 feet apart to be concerning in terms of clustering, in concentrations, and if we prove this storefront we could potentially still have a third site that could open on Leland Avenue. [please stand by] Commissioner Tanner i just want to thank the robust discussion that has been taking place. I share the comments stated by my fellow commissioners. In particular that while the user in this case i [inaudible] so i wanted to ask the applicant, the sponsor, if theyre on the line if they had considered, in this intervening time period, since the first application that was before my tenure on the commission has any Consideration Or Investigation of other locations to operate the dispensary . Does it need to be at this location, considering theres already an m. C. D. Thats nearby. Can this Sponsor Address that . Clerk Project Sponsor, are you with us . Yes, we are. Hello. This is johnny delplan. Im one of the Project Sponsors. Thanks for the question. As you know, securing real estate in San Francisco is a costly and timeconsuming process. This is a place where we found a landlord thats amenable to our cannabis use. We believe in this location because of the Community Support we had, and we believe that its a great place to start our Workforce Development Program of equity pathways. We havent considered another location for this project because weve been invested and have been working on this four years, so all of the investment is in this location for four years. Commissioner tanner okay. Thank you for that information. I remain concerned about the concentration. I will say im very torn between a great opportunity for the what was heard very clearly from the pacific Islander Community and testimony convinces me that that community is rallying around the incubators of this project and then the over concentration. Perhaps the Project Sponsor could illuminate a little bit more the relationship between the incubated Equity Applicants and the overall operation. How is this partnership structured . So this incubator is were doing Offsite Incubation, so were incubating with divisadero Equity Partners. We actually met them through our original Community Outreach four years ago, so it felt like the appropriate Incubation Kind of partner, and then, on top of that, you know, we have 32 equity ownership, so not only are we an equity owner, we have 35 of have equitable ownership in this project. We understand what it means to this community to kind oF Get this through and the research that we can provide, so that [inaudible]. Commissioner tanner yeah, can you explain the Offsite Incubation . I was looking at that on the Cannabis Website and was trying to understand. I thought they had to be involved in the operation of the store, or is that is the Equity Location actually in a different community or can you actually explain that a little bit . Yeah. So social Equity Incubation is a way for us to help other social Equity Applicants to start a business in a second location. Commissioner tanner got it. Yeah, so theres three different types of social Equity Incubation. Theres offsite rent, where you pay for rent, and theres onsite. Lets say we were a cultivator, and we could give them incubation space, but were doing offsite. Commissioner tanner i was looking at the website, but its good to dialogue with someone. The location at divisadero, youre using this location to support another dispensary or maybe its at a different location . Thats right. So this location on leland has committed 150,000 to help the applicant, kim mitchell, start his business at 1549 divisadero. So if this Project Isnt approved, that Project Wont get the funding for their starting. Theyre about to start construction and could really use the help. Commissioner tanner great. And then vis valley partners, 35 of that is owned by Equity Applicants. Is that what im understanding . Yes, thats true. Commissioner tanner okay. And then, thats the location that would be operated at 5 leland . Yes. Commissioner tanner okay. Thank you very much. Ive got to say, im pretty on the fence, commissioners. I would join my other commissioners that have previously spoken in leaning no, which is an odd place for me to be. President Koppel Commissioner diamond . Commissioner diamond so i, too, am pulled in a couple of different directions. Michael, are you still there . I am, commissioner. Commissioner diamond do they need there was reference by one of the speakers to this really being a multinational corporation thats running this. Could you please talk a little bit about how they meet the Equity Applicant standards . Sure. So when applying to the City Office of cannabis, there are five different tiers of an application. The first is Equity Applicant. Those have always been given full priority, and for a long time, those were all that the commission was seeing because the city thought that cannabis would not pick up an Equity Incubator application until they got through all of their full Equity Applicants. The second is equity uncubator, and as johnny stated, there are a few different ways you can meet that criteria. You can provide rent free space for someone who qualifies as an Equity Applicant, so someone who qualifies at that first tier. You can provide equity assistance, but in any event, you have to submit a plan to the City Office of cannabis how youre going to meet that criteria. This is a bit of a strange case because the tier that its submitted on is the second tier two, the Equity Incubator, although the applicant indicated they have an Ownership Structure which has some degree of Equity Applicant ownership. That Ownership Percentage is not high enough to qualify as Equity Applicant because in order to be Equity Applicant, you need either 50 of the business to be owned by an Equity Applicant or 40 of the business to be owned by an Equity Applicant if that person is also the c. E. O. Of the business. So theyre submitted under the second tier, they have some degree of ownership by an Equity Applicant, but not enough to qualify at that first tier. Commissioner diamond okay. Thank you. Is this the first Case Weve seen, where weve moved to the Equity Incubator . I dont remember hearing that explanation previously, and im just curious if this is the first case where weve now moved beyond the initial tier . You know, ive seen a few cases seen as an Equity Applicant tier for sites that have been principally permitted. I believe we have a few others that are processing. This location was unique because we received the referral, like i said, on january 11, and they applied on january 20 because they had already been working on the case, and they already had plans, and so they were very quick, but this second tier is something the commission should anticipate seeing more of in the future. Actually, the office of cannabis has finished processing Equity Incubator. It is not as large of a tier sure. So in looking at the neighborhood, staff looked at the existing 300 as a buffer or 600 as a buffer, created by 644 bayview and schools and the zoning in the area that allows Cannabis Retail. So factors in those factors, there are a few other areas in the neighborhood which are zoned properly but are not realistically going to convert to Cannabis Retail. One is the Grocery Outlet on bayshore boulevard. Its not likely to change. Theres another section adjacent to the freeway that is zoned neighborhood shopping center, but its developed with residential townhomes. I suppose somebody could propose to turn a garage into a Cannabis Retailer, but it would be very unlikely. Theres also the Recology Plant which would be a microbusiness, but its fully owned by recology. So in the local context, this area, and then much deeper in the neighborhood, i believe this was listed in the Staff Report, theres another Fewblock Stretch of Leland Avenue closer to the Visitacion Valley library that meets the 600foot Role and is zoned properly for that use, so theres a few theres a few ways that this could play out. First, if the commission were to deny this case, at some point in the future, we may see another Case Request filed on that Fewblock Stretch of Leland Avenue, at which point, the Planning Commission would consider the case as a c. U. Or however d consider whatever [inaudible] is required if that were to change, and we would have a similar discussion, but the site would meet the 600foot Rule. The second is if the Planning Commission were to approve this case, the buffer from this case would not expand far enough to buffer out those properties, so thats where you have the possibility that even thinking pragmatically about the zoning, thats where the zoning could pop up and bring the overall number in the neighborhood to three. And then, the third and final situation that could play out is if the Planning Commission were to approve this case and then remedy the situation through some sort of legislative action, such as an overall cap on the number in the neighborhood. Commissioner diamond so we could potentially approve this project with a recommendation to staff to consider a cap at two in this neighborhood, and would that recommendation require further action by the commission and then by the board of supervisors in order to put in place that cap . It would. We do have an example of such a cap being enacted, so in the outer mission excelsior district, in district 11, when we did have a cap on the number of medical cannabis dispensaries at four for a period of time, and that cap was removed when we adopts adult use legislation, so we have done it before, but it would take action by the board of supervisors in order for that to be something that is legislated and formal. Commissioner diamond okay. And would it be does it get initiated by us recommending to staff that they instead oF Guessing, how would that legislation get initiated . Whats the process for that . Whats our role as a commission . Sure. So the commission and the department can initiate legislation. It is more commonly initiated at the board level. There are a lot of process benefits to legislation being enacted at the board level, however, the Planning And Department commission do have authority to initiate a Planning Code amendment. Commissioner diamond third set of questions. Were talking about close to the southern edge of the city here. Do you have any thoughts, observations about whether or not shops Cannabis Shops in this area or the shop in this area is serving the neighborhood or whether weve got people coming from cities south of us and, you know, what are the impacts to the neighborhood when that happens, if that happens . Sure. So i will say we dont have a formal study on this issue, but i will say that the adjacent business at 644 bayshore has issue. I will say the city is very aware that our neighbors to the south have not been as welcoming to cannabis uses. There are a few cities south of us that have not permitted them at all, and those that have have often set a cap on the number that they have accommodated, and this has all had the effect of, in some ways, shifting purchasing of cannabis products north to San Francisco, which in some ways can provide benefit by bringing Foot Traffic and economic impact to our Business Corridors, but on the other hand, you have people driving in, which causes traffic impact. Its difficult because we dont have control over neighboring jurisdictions. I do know that the very large increase in the Number And Quality of delivery services has, in many ways, helped that situation, given that the State Legislature has prohibited any municipality from prohibiting cannabis delivery, although we do have full control over storefronts. So in summary, we dont have a formal study of that issue, but it is something that we have been aware has been an issue in the past. Commissioner diamond okay. Thank you. And final question, one of the speakers, i think he said he was a tenant above the proposed location that was concerned about loud music or noise. Could you or the Project Sponsor address that particular issue . Is this store currently occupied . I was a little confused by that comment and want to understand better whats transpired. Sure. So overall, i am aware that the Project Team has had the space open as an Art Gallery for some time, but for more information, i would defer to the Project Sponsor. Commissioner diamond okay. If the Project Sponsor is available, could you please address that concern. Yes, hi. My name is joseph [inaudible], and im one of the other Project Sponsors for the project. When we started these projects, both of these locations were closed down. As the project evolved over a fiveyear period, you know, we responded to the needs of the community and the asks of the community to provide an activated space and make it available, and so during that time, theres been an Art Gallery thats been an active space, and that space has been used to provide, you know, free events and free locations to the community to conduct popup small businesses or small events. They actually held a memorial there for Someones Family Member who had passed away, and so those activities will cease once the store, you know, becomes approved, and it will undergo construction. And from there, Itll Fall under a completely different purview and be activated as a Cannabis Business with all the different requirements. Commissioner diamond were you aware that the Neighborhood Upstairs was concerned about the noise and did you have conversations and try to do anything to address the situation . We were not aware. Commissioner diamond okay. So i, too, like some of the other commissioners are quite conflicted. I will say the direction im leaning at the moment is that i would rather see the second Cannabis Retail store at the corner of Leland And Bayshore rather than further west on leland, and so i am also very concerned about small businesses, and this is an opportunity, you know, to help a small business and an Equity Applicant, and we have been approving these all over the city, so my inclination would be to vote in favor of this particular location but with a recommendation to staff that either the Planning Department commission initiate legislation to preclude a third location in this neighborhood or that a conversation take place with the board of Supervisors Staff in order to have them figure out how to put out legislation for an overall cap at two in this neighborhood. President koppel Commissioner Tanner . Commissioner tanner thank you, and i want to thank Commissioner Diamond for her very excellent line of questioning, and im really grateful for that. I wonder if other commissioners who, like me, were leaning no, would be interested in more support of this project if we did begin legislation to support a cap of two . I wonder, almost sequencing wise, and i hesitate to say this, but continue the item so we can at least get the legislation on the path or at least see if the board of supervisors is open to supporting it. I am very concerned about the concentration issue, but the cap would seem to be a way to i think i think i understood mr. Christiansen to say the max could be two because of the way the overlapping circles lineup, but it could be closer to the library in the neighborhood, which would not be great, so id much better like to support this one so we dont end up with a concentration issue. But Id Hate to support it and then hear the legislation didnt go through. So wondering what the director thinks and wonder if that is persuasive for other commissioners. Director hillis yeah, just to comment. One, i think its fairly straightforward legislation, so we would need to definitely work to initiate that. You also have, and mr. Christiansen can correct me if i am wrong, but another retailer would need a c. U. , so youre somewhat protected from someone else coming in because you would have to authorize that, as well. And i dont know, mr. Christiansen. Have you had discussions with the Supervisors Office at all about this . So i did have contact with one of the supervisors aides, supervisor walton, of this project. While they indicated they did not have conversations about this project, they would be happy to start this conversation if this project is approved and if that does become a Reality And Something that needs to be addressed, that they would be happy to start that question. Commissioner tanner okay. Thank you. President koppel sorry. Didnt want to interrupt, but just maybe quick question for mr. Christiansen or director hillis, could we condition it on that or not . Or not a third recommendation or just let the Board Deal with it . Ill chime in. President koppel thanks. So the commission can apply a conditional approval to another adjacent lot thats not Part Of the project site, so President Koppel sorry for interrupting, Commissioner Tanner. Go ahead. Commissioner tanner oh, i think thats a great question. I was just going to say, director hillis, if you have a sense of a timeline. Today, i guess we did approve and initiate, can we do that today, and then, you have to come back to us and we have to come back to the board or what would happen with that . Director hillis we would draft the legislation and bring it back to you to initiate. I dont want to kind of throw out a timeline, but not not terribly complicated legislation, so, you know, im hopeful we can get something to you relatively relatively quick, and then, it would have to work its way through that process whereby then it goes to the board of supervisors. Commissioner tanner and we dont have any other applications, mr. Christiansen, in this area that were aware of . Weve received other calls, but the city of cannabis and the city has not received any other applications like this. Commissioner tanner i know this project has been in queue for a long time, so im going to stop talking and see if any other commissioners are enticed by the cap idea. President Koppel Commissioner fung . Commissioner fung you know, were dealing with a very specific issue, a very specific project, and to look at contingencies, what the board of supervisors could do, is taking this Case Way beyond what we normally do. Whether we think this project conforms to the precepts that the conditional use implies, i dont think it does, and i think we should act on this one way or another and move on. To that line, i would make a motion to deny the conditional use. Vice President Moore i second that motion. President Koppel Commissioner imperial . Commissioner imperial thank you, all the other commissioners, for your thoughtful [inaudible] and questions, and also, Commissioner Fung, with his thought, as well. Im looking at this as the current project that we have, and from what ive heard, it sounds like the third project would come up to us and would still require conditional use, so wed still be battling with the same questions, and the legislation would take some time, Community Planning, and outreach. I do request if ever in the office of cannabis and do a presentation. I think i do have a questions about the office of cannabis Equity Program, and i would like to learn more, just the process in itself and the timeline because these are the questions that weve asked before, and i would like to have a more concrete presentation to learn about this as we are trying to initiate a legislation, so thats my comment. Thank you. President koppel Commissioner Moore . Vice President Moore thank you for the thought provoking comments made by all commissioners. I want to give a shoutout to mr. Christiansen, a superb planner with an incredible ability to field questions with indepth answers. Thank you, mr. Christiansen. You are doing a wonderful job. I would agree with the Opening Statement by Commissioner Fung and support the denial of this application. It is Land Use and not user, that is how its charged in this commission. Clerk commissioners, if i may, there has been a motion that has been seconded to deny the project, however, i would suggest that, Commissioner Fung, if you would be so kind as to maybe verbalize some of the findings for that Denial Motion because there is a motion before you today, and to avoid disapproving this matter and having it return to you at a later hearing, i did find potential findings as over concentration or over saturation of this type of use on this block. Commissioner fung i would say, commission secretary, is one, there would be an over Concentration And Saturation on this block. Two, that there are a limited number of storefronts in this area which lends further issues to the over concentration, and third, that the requirements for conditional use have not been met. Clerk very good, then, commissioners. I thank you for that. If Theres Nothing further, there is a motion that has been seconded to disapprove the requested conditional Use Authorization listing findings of over concentration, creating saturation, the limited number of storefronts on this block and in this area, and that the conditional use criteria findings have not been met. On that motion [roll call] clerk that motion passes, 43, with commissioners tanner, diamond, and Koppel Voting against. Commissioners, thank you for the deliberation today, and that concludes your agenda. President koppel were adjourned. Commissioner fung thank you, jonas, for a difficult logistical trip for you. Clerk thank you to the interpreters, and thank you to all my staff who worked very hard over the course of the last week or to to make it happen. Clerk Fire Commission Meeting may 26, 2021, and the time is 5 03. This meeting is being held via teleconferencing. This meeting is being held via