State through s d 20 where theyre sold and limiting what smoking can occur in 2005 we adapted the moll act that built on the limitation for sale explicit but consumption and had thats where we call forth with the one thousand rule for schools and recreational facilities advocating for those no 18 years of age this meets all the requirements those are things that were developed could have been recreational facilities or recreational fascists over 18 like or chiropractor d but is explicit we have realize in effect for more than 10 years subsequent in 2011 the state adopted prompt rules it is 6 hundred feats to the in this case the studio across the street this is the justification for denying it but those are as much right no proof neatest for the desirability . As of right and find exceptional or extraordinary to deny those are professional services that karate exceptional or extraordinary that should result in denying one and certainly one of the items you can consider in the hearing and all items free to consider we firmly believe that the Planning Commission did properly approve and met all the requirements this is an operator that has a track record in the city on the recent relocation a anonymous support from the communities and heard some of that today with that well replacing request you uphold the Planning Commission request and im available to answer any questions. Were not down done with an age restriction of three. Ill defer to the City Attorney and staffs opinion not parts of our initial recommendations and something the project sponsor adopted and volunteered that and the Planning Commission opposed that personally i dont think that is a necessity not in other cases even the 21yearold limit building the department are looking it any reason to think that mcds will automatically become sources ever recreational use. No, i am not we have local land use this is clear he know that and have a task force it is working how to implement overseeing laws they change i think there is a lot that up in the air and keep in mind prop 2 passed in 1996 yes and we didnt have the medical cannabis act until 2005 those rules it takes time and we expects the world to change if this passes there will be time and there will be a public process surrounding that. Grandfather is not a given. Not necessarily the rules for those are pretty strict there are green zones and easier to have many other uses in the city than in the medical cannabis dispensary. It feels like and race im aware of other medical cannabis dispensary clubs or whatever they call them at this point when protective is arrived that. A lot of speculation theres a big risk over my time ive been a negotiator for 6 years youll consistent get letters of determination go is that a proper place for an mcd and throughout time we will have actually fewer mid block and some are lloyd their location and when the mom and pops come in. I dont have the total theyre Building Back up the speculation maternity pass. Like 37 era 39. Close to more than thirty. I was close 37 or 38. Exactly. Okay. Thank you mr. Sanchez commissioners, the matter is submitted. So before we get stated commissioner swig he indicated he really mind to participate vote but i or evolving i vucht hes not hear it is interesting that the va brings up how planning has changed a little bit but some of it was in reaction to the initial cases that came here i were the first one that came here and there were that was fair oaks anyway, the issues that came up both between the regulations related to mcds and to the issues between neighbors and the operation the facilities themselves created a series of dialogues transmitted into the changes that was mentioned in terms of our last mcd that came before us we rejected it on the basis that our definition of what was parts of the criteria that was absence broader than wiftd and that particular case certain another segments you wanted to use of term of vulnerable population that caused us then to overturn the permit and revoke it this particular case im of a similar opinion and therefore i think that they should have had a much more extensive process in trying to find a commodity location with the neighborhood and the versus encinos a fairly strong push on a procedural political basis ill go next 24 hearing 3 and a half years on the board it hits close to home i had advanced collin cancer late detected decreases said you have a 50 50 chance of survival rough times 3 months ago later sorry our son was diagnosed with cancer understand and xanax about marijuana and is positive effects to one strengthen my wife insisted we do chemo therapy and one gentleman says they said it could go to 3 months and gone in a year and gone in two i dont feel my fingers or toes im an annoyed guy sitting up here for 5 years is terrible like our foot and hands being asleep sometimes that is so moved so bad when i hit my eye phone it didnt recognize a finger is there listening to the testimony is tough me personally but ill be honest i felt disappointed this definitely i felt disappointed that some of the stuff was script it felt like some of it seemed sincere he felt people were reading a letter they maternity have written no talking from the gallery at this point i dont know personally like i said since api ive been here in mcd habilitation successfully passed f this particular board for one reason or another i have a serious concern and everyone story is touching not a contest i. the following proceedings were held in open court, outside the presence of the jury by side chemo with my son and last year my daughter has a kidney transplant so i thinks the benefits of medical marijuana it did wonders for me your anxiety and stress the ability you cant eat and eggs and chicken and lift evry voice and sing sole makes you nausea i giddy went downtown to one hundred pounds im one and 50 my concern there is at risk home across the street youre not a survivor until your 5 years clean im feeling the cancer think a regular daily basis the fact my daughter goes to school a medical cannabis less than a block away and eventually a bad one called mr. Nice guy theyre gone any daughter wouldnt u couldnt walk that block a dangerous situation when i picked up her up, yes with the chemo bottles attached to any side have kids that are a risk and their were adults they can do what we want it is a concern and i you know listening to the testimony i appreciate everyones stories it is fantastic i appreciate you know someone from the Planning Commission that took the time to spend after x podium of hours to be here an additional 8 to 9 hours and two more cases to go for us; right . I think that there should be a little restriction if this kind of dispensary could go forward and kids i have a 27 and an 13yearold so thats my 0. 02. I have a slightly different view i appreciated many of the stories and i some are heartfelt i focused on the is science and data i tried to put aside the motions and feeling you know we live in a city and there is no facility in this area and there are people that need the facility. The business has a spectacular reputation even though the sign says so im not sure where i come out on that but im leaning more toward im leaning further away from you then what about the age . I am not about telling adults they cant by maryland medical marijuana that doesnt work for me. I think you know that i all come out on as a reasonably strict constructionist on these things. Do you want to make a motion to see where we are . I will make a motion. I will make a motion on thbasis that it doesnt meet the criteria of the planning department. Vice president fung i would ask that the reasons be articulated more fully. So we can call the roll on this motion of intent to grant the appeal and denied the comment on the basis that it doesnt conform on the basis that it would be articulated and adopted at a later time. So, with that president honda. Aye. Commissioner wilson. No. That motion fails 2 2 with one absent. In this particular case with the missing commissioner the missing commissioner would make a difference in the outcome. So, it seems there is no other motion being made or no . Then this motion fails and the permit is a upheld by default andby [gavel] we are going to resume the june 22,2016 meeting of the San Francisco court of appeals we are on itemnumber seven appealing the issuance on march 30, 2016, to San Francisco municipal transportation agency, of a Tree Planting and removal permit removal of eightysix trees in the median and four street trees, with replacement of two hundred and ten median trees. And we appreciate everybody staying this late and we will start with the appellant. Good evening my name is deanne delbridge. I wish as many people could stay to speak for the trees as they could for marijuana. They will be selling marijuana to everybody that gets in right away but anyway priorities. I feel like this is an impossible effort tonight by the few of us to save our city from the bulldozer of inadequatend poor planning that is increasing in my opinion in San Francisco. When we put the first slide up its not coming up for some reason. Is there reason our stuff is in coming up . Do you want to use the laptop computer . Yeah. Alec, why dont you pause the time for a moment and we have asked for them to help us with the laptop. Okay, he got it. So gary, do you know how to do this . Oh, it is coming okay. I figured had to do this after watching our hearings for the last 5 1 2 hours. It is still not up yet. I will just go ahead because everybody is probably as tired as i am. Okay so after the desperate need of opening a pot store at the marina we have lost the desperate need for the uninformed public and help our cause. San francisco belongs to all people. I do want to put it up they are going to lock up my car. Okay the garage is going to close soanyone who needs to should know move their vehicle. Im sorry. I shouldve asked you gary about this at the break. No, it should the it usually works. Okay. Its only going to be a minute or so it is coming up. I dont know whether i should take advantage of the time are not. You wont be able to start without the presentation, they go handinhand. We could start with Public Comment. And you dont want to postpone this for another time because your backed up . Okay, i know if there were three commissioners than the option for returning would be there but we dont need for we have three and were moving along. Lets get it going. We can take Public Comment if the parties want to. Can i have a show of hands. We will do this democratic way. Who would like to start Public Comment . It looks like no, okay. We can wait. [laughing i hate making everybody wait. I have to say that this process is somebody advised me to tell you this and then i decided that i wasnt going to but since we have time i willbut i just want to say that it is really, really difficult as an unpaid volunteer laughing] really, i didnt know that i had no idea. I feel so differently. I had no idea. Why dont we take an adjournment until this is up. Dont be offended. I didnt know i didnt know. They volunteer their time to do this . Oh yeah. I didnt know he wasnt paid for it. Do you have a hard copy . No, i do not have a hard copy. What you gave me one. Do you want to figure out . Why is it not coming up . Do you guys have hard copies . We dont have hard copies. On my computer it is function fa. [gavel] it looks like we are back on. This is the june 22, 2016 board of appeals meeting. We are on item number seven; appeal number 16 057. This is about tree cutting and not treat planting. Cutting down these trees is about the emotional and aesthetic value that they embody. These trees have value. They are not just vegetation. The defecation of the very character of the city. Dehumanizing this highway will have profound negative effectson their quality of daily living the quality of their life matters and their mind matters. Is one of the largest urban forest in the in the United States and what it does for their mind consciously and youre setting a negative precedents for the United States. And howto integrate the industrial and technical. Interventions with nature. If you go back these are beautiful, beautiful, trees. This wrong turn will wreck a major artery the historic marino can out on highway 101 it says it will take three years to finish this project. Are you kidding . Anyone whos done construction knows it takes twice as long is way over budget. Right now it is at 13 million and up. Itll take longer than three years it will take at least six years. Six years to finish this project buses are running on van ness without wires so why remove the vintage lamppost on the excuse that they cant support wires. Theres no reason to do that. The sfmta claims its too costly torestore the lamp post they could, or from around the world to see their name on itit could be in a great way to involve people in our city we need adequate public input to turn this current plan with devastating consequences to the character of our beautiful city into the right solution for transit in the Greater Community of highway travels. Could you pause for one second i have a question. In regard to that lamppost that are presented, is there any reason why we cant keep them . I dont imagine. If you may recall this went before the board about the lamppost. There were two reasons. They couldnt accommodate the wires and they would be too expensive to repair when in fact, less than 50 are in any kind of deterioration and they can be repaired. They did it for berkeley and they did for oakland an architectural lamp designer. I didnt start years ago with the mta i wish i had i wish i had. Things would be different. It is not too late, it is not too late to halt this plan. We need to make this come out well for all of us. For all of us. You can ask for rebuttal and i dont believe we have any at this time. Now we can hear from the department. Thank you commissioners my name is bobhasey behalf of the sf Improvement Project we uphold the tree removal project under these new conditions. The Improvement Project is a major infrastructure upgrade including a globally proven Transit System to improve the liability and increase ridership. This will also deliver safety improvements for all street users. Additionally the project is designed to enhance the design and create an interactive a Middle Street and provide guidance for the city plans this was concluded in 2013 from local, state, in federal agencies. Jurisdictionfor the project was shared with sfmta and caltrans and they have asked for us to rule on the overall project rather than just the appeal this has beenppreviously vetted and finalized and rather to reconfigure the median to build the project and the nature of Environmental Impacts associated with the project including tree changes. Under a Maintenance Agreement with the state sf public works maintains the trees and the public works determines what trees are to be preserved in which are to be replanted. The department has a long history and as you may know was started in 1995. Lastly, in its current configuration it has been approved and legislated by both those boards by caltrans and by the federal Transit Administration in this process was concluded in 2013. Today, im going to describe how these trees at van ness were incorporated into this design. Throughout its history there is a sample of this outreach here and its again described in much greater detail in our brief. The projects effects on the urban forest was given special consideration and disclosure from all steps of development from environmental scopingin to the final design described in our brief. This directly complied with the design. The project had to comply with the minimum limits of caltrans and we had to seek special approval from caltrans to get the special space in the median. These were special alternatives and all were considered in addition we tried to preserve as many healthy trees as possible. In addition this considered every existing median tree. This included the clearances in which trees needed to be removed and which were feasible to preserve with each alternative. This analysis included tradeoffs for each and every trade and thhis was included in all the materials provided to decisionmakers and to the public all steps of the way. The design of this project requires the removal and replacement of 86 median and 14 sidewalk trees. Of the 86 that you are concerned about the ride canopy less than a quarter of those would be considered to have large canopies. Once that median would be reconfigured for the [inaudible] more than hundred and 86 along the median avenue. Im going to turn my project over to during the process we did a very rigorous design for selection of the tree process. As part of that public works created a tree selection criteria matrix of eight factors such as climatic considerations, maintenance and scale urban survivability in the factor of urban survivability was taken into extra consideration. There was evaluated 24 possible tree candidates. As you can see we were then able to shortlist our tree down and then the members of publiic bodies participated in that panel as well as public that participated in this process. The was the median tree species and in my personal opinion it is truly a Beautiful Tree additionally, compared to other speciesit is a faster grower, it can be planted on a 25 feetcenter and within 20 years it gets 30 to 40 feet tall and the design will vastly improve van ness ness avenue bringing back the boulevard that it was intended to be. In summary, the design will make van ness avenue a primary corridor and this should be reported and upheld. Thank you thank you mr. Buck. Good evening commissioners are good morning. Im not sure just yet. Chris buck, urban forrester with San Francisco public works. Just some general background on the project with some perspective from us just in general the role of public works here was to look at the locally preferred alternative that was selected and understand how many mature trees would be protected and remain in place with the installation of the project. It was also reviewed by a court science which was a nationally recognized arborist company one point to make was that our director of public works had to make a visit to sacramento