if you could call the roll, please? secretary pacheco: the motion is from commissioner garcia for it to be no. 9, not 19. on that motion, [reading roll]. that matter is clarified. thank you. >> number filea -- number 5 has been withdrawn. if you could read item seven, please? secretary pacheco: calling item seven, appeal no. 10-073, a property at 281 turk st., a

protest of a permit to alter a building. it was the application of the 2010/5/21/02975. -- it was the application number. >> i guess contrary to what has been said before, i would like to think of you for your time in your consideration. as suggested in the appeal flier, -- in your consideration. as suggested -- i want to thank you for your time and your

consideration. i feel we are in good hands. i would also like to point out that this is a very awkward time for the majority of residents to be able to be here. most are still at work, going off to a second job, or by necessity at home with their children. we would like to thank you for coming. as i stated, the objection is first and foremost about the location of the proposed pharmacy. irrespective of the business model of bay drugs, this is the worst possible location for another place to provide prescription are calm. these gentlemen are from out of state -- this is the worst

possible location for another place to provide prescription narcotics. truly, been there, done that. we do not want to repeat it. the neighborhood started to recover a little bit about one year ago. we have already discovered what happens when a pharmacy opens on this block. too much of a risk, especially for the elderly -- it simply poses too much of a risk, especially for the elderly. this will be mostly on turk st., and now i am concerned about the kind of congestion it would create on the sidewalk. it stands to reason that the dealers go around the corners. this is an organization that serves 59 children, and it would

likely that the bulk of the problem. my office when there -- oh, -- my office window looks out on the 200 block of turk st. if they move around to jones, -- they say that the area is under surge. i would disagree with that. -- they say that the area is underserved. i would disagree with that. this is where the pharmacy would be. this is where another pharmacy is, on the corner of golden gate and leavenworth.

i think they specialize on a chubbies last age, -- specialized in hiv/aids. -- i think they specialize in hiv/aids. right next door is the tenderloin health clinic. that is one, two, three, four you are, five. if this were to go in, it would actually be seven on the block. i think this block is very well served, and there are numerous blocks in the tenderloin. that really could use the benefit of an independent pharmacy -- there are numerous blocks in the tenderloin that really could use the benefit of an independent pharmacy. i discussed at length in my rebuttal the fact that they did

not properly apply for their building permit, so i will not go into that any further? they chose to continue construction of the facility even after they were fully informed there were unable to protests -- so i will not go into that any further. they chose to continue construction. they could have avoided most of this by simply applying for the permit and stopping construction. also, there were two people who brought me letters, and i would like to give them to victor. i have 27 signatures, and i believe there are 21 signatures here in support of the appeal, so i think you very much. -- thank you very much. commissioner fung: the appellant

and the pharmacy owners? >> we have been to several meetings. yes, we have. >> you mentioned there are folks here in support of your position. could you ask them to raise their hand? president peterson: ok, thank you very much. >> i actually expect more to be late, because they were coming from work, and as you know, i assume you all got a letter from chris daly, right? and i do not know if you are aware, but this gentleman is from channel 5 who has been filming the block for the last couple of days. we are not going to have a finished product until after tonight because they did do extensive filming around the block where you could really see

what was going on. president peterson: all right, thank you. >> ok, we can hear from the permit holder now or the representative. >> good evening, president, commissioners. the building permit that you considering proposes a retail neighborhood pharmacy, which is a permitted use. the permit holders took 16 months to about a been needs -- to investigate the leads. the permit was issued in may of this year. the final inspection was completed in june.

the appellant has stated that this case is not about drugs. stating the construction began prior to the issuance of the permit an realizing that there is no bearing on that, the attack on the integrity of the permit holder need to be addressed, if only for the record. i have a letter from the general contractor who completed the work. i have copies for all of the commissioners. president peterson: thank you. we may not have time to review this while you're commenting.

>> there were seven or eight meetings. in one of her breeze, it was implied that it was laid in under the radar. -- in one of her briefs, it was implied that it was slid in under the radar. in a neighborhood such as tenderloin, there is a need for things like a supermarket, a post office, or a pharmacy.

all are vital to the area. there are five pharmacies within the area, areas that dispense drugs. none of these is a retail pharmacy with the exception of one, providing full services to the residence. -- residents. the crux of the appelant's case is that it will bring more drugs, they're requiring an elderly gentleman to take a cab for to fill a prescription -- to take a cab to fill a prescription was some while

which it will somehow help. -- will bring more drugs, and they are requiring lgbt elderly gentleman to take a cab to fill a prescription -- they are requiring an elderly gentleman to take a cab. they're all the attendant problems associated with that. it is a compelling story. however, despite s showing the drug problem exists, the appellate has failed to show that the neighborhood pharmacy would bring more drugs to an area. sfpd will be the first to tell you that many of the dealers as well as their customers are not from the neighborhood. the source of illegal medication is wherever bad people do bad things or

desperate people do desperate things. turk st. is obviously not the source but the destination. criminal activity will go where the customer is. it does not matter if the doctor or the pharmacist -- the palin does not seem to appreciate the role the community pharmacy place in combat in the illegal sale and use of prescription medication -- the appellative does not seem to appreciate the role of the community pharmacy that it plays in combating the illegal sale and use the prescription medication.

this is shown in detail in the material you've already received. some of you may have seen a news segment on channel seven last week where pointing -- last week reporting on a program. this was a high the successfully that and will be repeated. -- this was a highly successful program that will be repeated. there have been countless individuals speaking on this matter, describing their ideas of what a small community pharmacy can be and the benefits they hope to bring to the neighborhood. the enthusiasm has shown the permit holder to be correct in recognizing the need and desires of the neighborhood residents. i have additional copies of letters.

president peterson: those are letters of support for the project? i am sorry. what are those? >> yes, and i am here for any questions you may have. president peterson: we may not have time to review those tonight, but there may be questions. >> please step back to the podium. commissioner fung has a question. commissioner fung: during the course of the meetings, did you or your client present what type of operation you would have there? >> yes. commissioner fung: the medications you will fill? >> the plan all along has been to be a full-service pharmacy. outlined in what you received was a list of basic services. i can give you a rundown of

those, if you would like. commissioner garcia: when you had this neighborhood outreach -- and i think this has created probably some of the problems you have, you and your client. what mitigation measures to offer to the neighborhood to allay some of their worries? >> well, there were obviously a number of security concerns for any business in the tenderloin. the business plan had included all along a number of measures to deal directly with that. the inside of the store and the outside of the store, which seems to have proven somewhat effective at the other pharmacy, exterior lighting, cameras,

etc. there has been close contact with the tenderloin police department. there are seven items, i believe, about what a police officer would expect to see a responsible business do, and, actually, all of those with the exception of specialized parking were included within a business plan. we had discussions with mta, and a metered green space would be available. commissioner garcia: you mentioned mom's. that has not done anything to alleviate the problems in the neighborhood, if i understand what was testified to. >> we would differ on what

particular type of -- may or may not have. the new presence of a retail business, the presence of a security guard on the side as well as in the store itself are all ways to mitigate that issue. now, a retail pharmacy is not in competition with the drug dealers on the street. it is not bringing more drugs to be available for illegal use. commissioner garcia: what do you think the arguments of the neighborhood are? my understanding is that the people get legal drugs, and they get a prescription for it, and they come outside and sell it, and it becomes a nexus for crime.

>> unfortunately, that part of the neighborhood is already a nexus for crime. the drugs are available there come from a number of directions. a large number of dealers are from of town, across the bay. -- are from out of town, across the bay. what you have on pill hill, as it is called, is a destination spot. if one wants to buy drugs, that is where they go. if someone wants to go to the pharmacy, right now, he has to leave the neighborhood. the particular locations mentioned by the appellant are particularly nonprofit or are specific clinics, elderly centers, and sector, some of which do not have a licensed

pharmacist -- elderly centers, etc., some of which do not have a licensed pharmacist. expired drug services. commissioner garcia: i will save my question for later. other people may have questions. vice president goh: i do not understand. you were talking about people having to leave the neighborhood. what about mom's? >> like burger king or mcdonald's across the street, but the services taken as a whole better offered by -- that are offered by mom's -- vice president goh: ok, so you

indicated that there were certain potential by businesses. the first was a supermarket, and the second i did not catch, and the third was a pharmacy. >> a post office, just talking about services that are necessary for a vibrant neighborhood. " vice president -- vice president goh: ok, thank you. president peterson: you submitted about eight letters in support of your project? >> that you received previously. president peterson: ok, i still did not feel satisfied about the origination of the project. >> apparently, that was an address issue.

this has nothing to do with the laundry. the addresses to madrid 81. the permit was -- the address was 281. the permit was pulled. president peterson: other plans for an adjacent laundry? the plants a been completely scrapped for the laundry? >> -- the plans have been completely scrapped? commissioner garcia: did i hear you say that there is no other licensed pharmacy in the area, so whoever operates mom's is not licensed? >> no, a retail pharmacy, a full-service retail pharmacy, like an walgreens -- like walgreens. things other than health

products. commissioner garcia: thank you. >> thank you. president peterson: mr. sanchez? >> thank you. good afternoon, president peterson, members of the board. scott sanchez, planning department staff. the subject property is in a zoning district which is commercial. a pharmacy is considered a retail use, and it is principally permitted in the zoning district. the subject application does not require any notification or public hearing. it was appropriately approved over the counter at may of this year -- in may of this year. there was a permit issued last fall for eight dwelling units turned into a laundry room, so this is a different project that i think was being undertaken at

the same time that this private was in process, as well, so i just wanted to make that available to the board. commissioner garcia: mr. sanchez, how was this permit issued? >> this was an over the counter which came in in may of this year. commissioner garcia: this was mentioned during the jurisdictional hearing. apparently, the police have weighed in on this and are opposed to this. do you feel it is necessary, i guess? issues like this get some more vetting? >> i understand the concern, and after the jurisdiction request, i did meet with the appellant, and this is a concern that should go to the board of supervisors, and there was a concern that the board of supervisors would be empowered to enact a moratorium on pharmacy-type uses within the

district, and to my knowledge, there have been no efforts to enact such a moratorium or to have those controls, but right now, and the planning code, the pharmacy is a principally permitted use and would be allowed in this location. commissioner garcia: an sud? but they could enact an interim moratorium -- >> they could enact an intra moratorium -- note an interim moratorium -- they could enact an interim moratorium. vice president goh: i believe i heard you say that the permit was issued in may of this year. the work was done in may? >> it is my understanding that there was a complaint about the work being done in april, and our staff investigated that it had thought that the work being

done was being done pursuant to the previous permit to convert to the dwelling unit into the laundry room. there was no complaint made to build the department money -- building department -- there is no complaint made to the building department -- i think there may have been confusion. i do not know for certain if work was being done on the pharmacy in april before the permit was issued. vice president goh: we heard that it was issued april 24. thanks. >> mr. kornfield. so we will move into public, it now. if i could see a show of hands of people interested in speaking -- so we will move into public comments now.

the first person can step for than come and speak. -- come forward and speak. it would help if you would line up. and because of the number of speakers and the other items on the calendar, i believe it was said that they will be given two minutes? please do not be shy. step forward. it would help us also if you could hand the clerk a speaker card either before or after you have done speaking. if you have not filled one out, you can fill one out afterwards and give it to him.

>> they call me m.j., and i take

pictures of people who sell drugs in my neighborhood. you can see me on youtube anytime that you want under m.j. sqaan fran. we have people coming from the suburbs, and the pills that they are buying our from the tenderloin. the statement that we need a full-service pharmacy, i really do not understand, because from walking distance from where i live, and i live on jones, there are seven, count them, 7 walgreens that i can go to, and walgreens even delivers, so i do not understand having to go out of their neighborhood. obviously, what i call a neighborhood is something else.