change in use or a permit affecting change of use of building structure requires approval of the planning commission shall be posted on the property affected. and if within two days of the issuance of that the city shall cause that permit to be posted on the property. ~ opposing party admits as much that there was no permit posted . their position is that because it was a cannabis permit that no posting of that or giving of notice of that permit was required. but, in fact, this being a change of use, it is clearly required under section 5 of the san francisco business and tax code. section 6 describes the form and content of that and one of the aspects of that section 6 is to specifically advise those neighboring persons of the right to appeal and of the time

period for appealing. that was denied in this case because no permit was posted on the premises and no notice was given to the neighboring store fronts. and for that reason we believe alone that the board should take jurisdiction over this and suspend the permit and allow a full hearing, a more full hearing to be had on the other derelictionses that were outlined in my letter that give pause for the opening of this particular permit, particularly issues as regarding the nature of how this facility is going to intake patients. we can't have people just standing around the street, waiting on the street and having the street as a lobby. as has been suggested in some of the documentation that i've seen in this one. but that's really beside the point. what we have here is a very

clear issue. it's not in dispute. no notice was given and it's our position that notice was required to be given pursuant to sections 5 and 6 of the san francisco business and tax regulations code. thank you. >> sir, did your institution attend the d.r. hearing? >> say that again. >> did your institution attend the discretionary review hearing? >> not as a formal institution, no. >> or did individuals? >> i am unaware of any -- whether anybody that the community serves, that the institute serve attended the hearings, the d.r. hearings. >> how about the constituents that you listed in your brief? >> i believe mr. fernandez attended the hearings, yes. >> and did anyone consider appealing the discretionary review finding? >> i am unaware of whether

there was any appeal of that or intent to appeal that. the appeal period began with the issuance of the permit in february. >> if we can hear from the permit holder. >> aye. ~ ~ >> good evening, commissioners. my name is brendan halloran and i represent tree med cannabis dispensary, 5 234 mission street. the permit holder. this process began in the spring of 2010 when tree med submitted their application to the health department. subsequently that summer they submitted a building permit for change of use to cannabis dispensary as well as planning department ac application.

these applications weren't heard by the department or planning commission until october 2012. this two-year period allowed for significant public outreach and participation and also for the planning department to do a very thorough analysis of this project and impact on the surrounding area and the community in general. however, the issue we're here for tonight is a jurisdiction request. the permit was issued february 14, valentine's day. it would have expired on march 1st. approximately two months later after the expiration date, this appeal or this jurisdiction request was filed. during this two-month period, of course, the permit applicant redid the entire facade of the building and did the entire interior remodel in reliance on the permit issuance and the fact that there was no timely appeal filed. the only item outstanding right now is to put sand on the

ground surrounding the newly planted trees in front of the collective and this final sign off -- pardon me. final is scheduled for this friday, final inspection. the basis for this jurisdiction request is that we failed or the city failed to provide notice to the community. however, this type of permit does not require notice to be issued at the time of or notice to be given to the community at the time of issuance. there are two separate notices given during this process, a section 312 notice which was mailed to the community. everies are department within 150 feet of the collective at the time the permit was applied for. and a second notice for the d.r. hearing in front of the planning commission for a change of use. both requirements were satisfied on time and complete. the postings were put up on the front of the building and all of the residents were mailed the required notices. in fact, there were two complaints lodged with the d-b-i about posting of the permit. both were investigating and abated.

both complaints around action by d-b-i for the same reasons. article 108c of the building code said posting is not required if at issuance for this type of permit. i have that. in exhibit h. in our brief. lastly, the grounds say the underlying appeal for this if approved are procedurally incorrect. they are issued by the department of public health. prior to the issuance of the permit department of public health holds a public hearing to review the permit application for completeness and compliance. if the applicant has not received sign off from all required departments which include fire, police, planning, building, mayor's office of disability, then the permit -- the health department has a right to reject the permit application at that time. therefore, i request that this jurisdiction request be rejected and would be allowed to continue in slur suit of our permit. thank you. >> give us an exhibit reference again. >> h. >> i apologize.

>> okay. in my brief it's under h, permit complaints. >> i thought you were referencing the code section. >> the code section -- well, this is the inspector's complaint report where it says per section 108 building permit notice does not have to be placed in the window for two separate complaints. section 108 i have -- >> h? >> it's in h, yes. section 108 is, i believe -- >> okay, i've got it. i see. >> i believe i have it in there. i apologize. inspector duffy is more of an expert. >> we have it. thank you. mr. duffy?

>> hello again, commissioners. just on the notification process, d-b-i would not notify on this type of permit. i checked that with central permit. there is nothing in the code for that at the time of permit issuance. the building code does address and posting of a card in a conspicuous readily accessible [speaker not understood] to allow inspectors to make necessary entries. a lot of people do think that that means the front window, that it must be. some people do put the job card and make a copy and put them in the front. but that is not required by the code. it just needs to be inside the property at all times, accessible to the inspector to make his entries on the job card. >> thank you. mr. sanchez, anything? seeing nothing for mr. sanchez,

is there any public comment on this item? can i see a show of hands how many people want to speak on this item? okay. if you can step forward. [speaker not understood] be willing to step to that side of the room and line up, that would be helpful to move things along. >> commissioners, i'd like to address this item. i've known [speaker not understood] for many year. she's an outstanding citizen and has been living in san francisco for many years. she's a fine, outstanding business woman who runs a full-service travel business with tours and has every intention of running this business in compliance with what she has done in the past. there have been allegations about her relatives that are

inaccurate, that there's nobody that's related to her that's ever been convicted of a felony that i'm aware of. and i've been her family attorney for many -- for 10 years at least. whatever allegations in that regard that have been made are not true. >> would you state your name, sir? >> my name is eric sapphire, s-a-f-f-i-r-e. >> [speaker not understood]? >> no. i am a family friend and have acted representing member of her family. i've never had any occasion to represent her in any kind of official capacity, but i'm familiar with her and how she conducts her business. thank you for listening. >> next speaker, please. >> good afternoon. i am [speaker not understood]

perry and i'm here as a supporter of tree med. and i've come together with 28 patients that are prepared to speak for the support that we extend to this new dispensary that's going to be supporting our community here in san francisco and we're all located on 42 1. >> are people from 42 1 wanting to speak or you're here on their behalf? >> [speaker not understood] they're a fire hazard. if you'd like them to come, i can bring them. >> if they want to speak they should come into this room. >> thank you. >> other public comment? >> i apologize, board of appeals commissioners. i spoke out of line. i'm supposed to come here because i retain my tree med with the property issue today. >> excuse me? >> tree med. >> you'll have an opportunity to speak on rebuttal. the time has already been used. >> understood.

>> there's no rebuttal in this. >> excuse me, sorry, this is just -- you won't have time. your time -- you won't have time. more public comment, please step forward, anyone who would like to speak to the board on the jurisdiction request. >> i'd just like to speak on behalf of our community. i live a couple blocks away from the property being discussed and i think that it's a fine addition in the neighborhood. nobody in the neighborhood would have any complaints. i just wanted to show my support on behalf of those who came today to show support. thank you. >> would you like to state your name for the record? >> yes, [speaker not understood], and i am a [speaker not understood]. thanks. >> thank you. speakers, line up on this side and you will avoid the hazard.

>> i'm sorry. >> go ahead. >> if you haven't already filled out a speaker card, we would ask that you do so either before you come up to the microphone or after. there are speaker cards available. and the people waiting outside the door, come on in if you're here to speak. >> okay. >> can i ask mr. haler nan, would you and your supporters accept a show of hands of all those who support the -- >> definitely. >> [inaudible]. >> so, a show of hands. we have a ton more people in 42 1. just out of respect -- >> no disrespect here.

i would like anyone who feels that they've come here that want to actually speak to come forward. a show of hands gives us an idea of how many people are in support of tree med. so, if you want to speak and you care to speak, you should feel free to speak. >> well, i want to speak. my name is na kia harris. i work for world [speaker not understood]. we've been around for 20 years. i recently came in contact with these wonderful women. our clients love them and they really look out for them, you know. everyone is not able to afford medicine and, you know, i just want to let them know that they help everyone, you know, and they're a great fixture in this community. and nothing bad is ever to be said about them. i just wanted to let you know our c.b.o. supports them and our clients do also. >> thank you. is there any other public comment? someone back there with the hand up wants to speak, you have to get through the crowd, then. come on over.

hi. >> hello, [speaker not understood], my name is vicki blake. all of these people are invited here to open this cannabis club. i have been diagnosed which positive for 19 years along with four other terminal illnesses along with a stroke. so, i do slur my speech. the last two years of being on this compassion program has changed my life. i've been empowered and undetectable. just graduated from school. i'm a lot calmer and i wouldn't know what to do without them so i'm here for the support. i have 27 other people signed in. thank you for listening. >> thank you. >> hi, my name is edward shirts. i have been aes are -- resident of california -- san francisco, practically all my life. i left and came back from tennessee.

i have -- the thing that happened out here a lot of people don't have places to go. a lot of places are closing up. it's kind of hard for a lot of people to get to different places. lady j gave us all the time to get together, learning shelter, we can all get our medicine together. we need these places to help us and we just want your support in opening this place up and everything. so, just want to say thank you apart of the group that's out here. >> thank you. please step forward. >> good evening, my name is vincent coward. i would like to say that i am in total support of this and i think that in any given situation as in my own self, i feel like if it wasn't for the dispensaries, i wouldn't be at the place i'm at today. and i think that everyone who wants to open up a dispensary to help the community, i think you should at least give them half a chance. thank you.

>> thank you. >> thank you. any other public comment, please step forward. >> good afternoon, commissioners. my name is maria roach a and i work with a group ~, it's called which alliance. and we met lady j two times. she's done a lot of great things for the patients of this committee. she also caters to them and she's very caring and she conducts a very professional way, the way she conducts the program. we're very happy and we want to support her on this matter very much. i think she is going to do a very outcome for our community. thank you so much. >> thank you. >> thank you. any other public comment? okay, no, yes?

yes. >> hi, my name is dianne. i have been which positive since i was 15 years old. now i'm 44 years old. i'm a single parent. and i also believe in collective ~ because i have a son. it's better for me to have my medicine outside of the house than have my medicine inside the house. i'd rather have a place i can go to that's comfort for me and respect my son's wishes, too. you know, because he and i have this no smoking policy in the house. he he has a right, too, so, i like being part of the collective. i also like being part of the collective because it gives me a sense of belonging. and if you can imagine me being 15 years old and being up here and speaking to you guys way

back then when this wasn't optional. and today with this group of women and men, i have a sense of belonging, something to belong to. it's changed my life for the better. vicki has done so much for us. so, i just want to let you guys know the collective has changed my life and the group of people have changed my life for the better. because i used to live up under the bridge. so, i just want you guys to know it does change our life for the better. >> thank you. (applause) >> thank you. any other public comment? >> hello, my name is angela miguel and i am a 215 card

holder. and i was diagnosed in 2005 with which and i have tried a whole gamut of medication in trying to handle -- excuse me -- in trying to handle the side effects. and none of them -- zophan -- have worked for me as good as medical marijuana. and being a single mother and a student on a fixed income, it is very helpful to have a safe place to get our medicine. and thank you for listening to us today. >> thank you. >> thank you. any other public comment? okay, seeing none -- woops, one more. go ahead. >> good afternoon. my name is jacquelyn knight and

i was born with cp which is cerebral palsy from birth. and i am a medical marijuana patient. and the medicine that i get from ms. vicki is helping me with my pains and arthritis and, et cetera he. so, i would just want to support that we could have a safe place to pick up our medicine where we won't have to have any type of confusion. thanks. >> okay. >> thank you. >> thank you. any other public comment? >> my name is tab that tabatha [speaker not understood]. i stay doubt in the tenderloin. a few years back i was diagnosed with a mental illness and i had to take a mental medicine [speaker not understood] for that. and when i stopped taking the

medicine i became a medical marijuana patient at 215 and i'm proud of that and i'm proud to be a patient. and i just want to say that when i'm having [speaker not understood] and collective open, is beneficial to me [speaker not understood] young and not trying to be out in the streets and everything like that, it provides a safe place to come and get my medicine as well as meet other people and patients on the same level as me. and it's not just smoking it either. we make edible, we make plants, we make things that help people for the rest of their life, you know. we have experiences that really help people, people can carry with them the rest of their life. so, i just want to show my support for any collective or any -- anything in that nature in that way. thank you for listening to me. >> thank you. >> thank you. any other public comment?

>> owe, i'd like to greet you first. my name is nathanael thomas and i have a medical condition that i'm very dee pend entitle on medical marijuana. ~ dependent and i take my hat off to these people who make it available. and i wish that they have the grace to continue. thank you. >> thank you. >> thank you. any other public comment? >> hi, my name is junebug and i'm a prop 215 patient and i'm here today to support lady j because she supports us. we love her and she loves us. it's important that patients have not just access, but safe access to our medicine. so many different people have

so many ailments that this medicine actually really does help. and it actually does help save lives. so, it's really important to provide the space so we can have safe access. so, that's what i'm here today to say, let's support lady j because she's trying to provide safe access and it's very important for us considering there's a lot of prejudice against this medication in society in spite of information down the pipeline and it helps so many people with ailments. thank you. (applause) >> thank you. any other public comment? okay. seeing none, commissioners, i think the matter is submitted. oops, go ahead. >> i'm not sure who whom to address t probably one of our city representatives. this permit was for the work that wanted to be done to prepare it to become a dispensary, am i correct, do they still need additional permits before they can start functioning as such?

>> thank you. scott [speaker not understood] planning department. the permit for the jurisdictional request is for a change of use under the planning code. it would allow a change of use. i believe there will be a separate operational permit that would be issued by the department of public health for the mcd. perhaps the permit holder can speak to the status with the department of public health. but in terms of the change of use and what's required under the planning code and building code, that's all embodied in the permit. >> that's not the final step for them to begin operation? >> they also have a permit from the department of public health for the operation of the mcd and maybe they can provide the status update on that. i think they did say they were ready for the final inspection on this permit i think this week. friday. so, they're probably done with the work now and they would get final inspection on friday for the permit that is before you now for the jurisdiction

request. >> okay, thank you. >> another question. so, i've heard lots of reference to lady j. is lady j the owner of this establishment at this point? >> we have as the project sponsor inna g. yakabov for the -- >> are they the same person or are they referencing another person? >> that's the manager? >> it's a member of the collective. >> that's a member of the collective. it's somebody that works there. >> okay, thank you. >> [speaker not understood], comments? >> so, after going through the briefs submitted, i think the

only concern was that the owner was new to the industry, but they contacted and contracted appears to be all the right people. and their outreach in the community, they've had quite a bit of outreach as well as meetings with people to try to address the concerns of the neighborhood. i believe going through it, they offered to do more than what was initially required to get the mcd. so, i'm thinking to not take the jurisdiction -- >> i think the standard here that we're looking at is whether there was an error on the part of the city in issuing the permit. sorry, an error on the part of the city in -- that caused the

delay in the filing of the appeal. so, for the reasons that were stated by inspector duffy, it seems to me that there was no notice requirement. the point that was made by the jurisdiction requester was that notice was not given and that was the reason for the delay. and my understanding, based on the testimony is that there's no basis for having to provide that notice. so, but for the error on the part of the city for creating any delay in the filing of the appeal. so, on those grounds i would be leaning towards denying the request. >> i concur. >> commissioners, when we heard the case that was two doors away, we knew that this particular permit was coming. in fact, there's a third one that's coming very quickly. most of the arguments made about

having a location to go to, i'm not sure what that means because there is one two doors away. there's a third one coming in also. however, the issue is no longer that. the issue at previous hearing for me was to consider the fact that there is some argument to be made about saturation, but take away from neighborhood serving uses. in this case, however, the appeal should have been done awhile back. it's not as if the decision was not known and, therefore, i can't support the jurisdiction request.

>> i'll entertain a motion. anyone? >> i move to deny the jurisdiction request based on the fact that section 108 does not require notice under these circumstances. >> call the roll, please. >> on that motion from commissioner to deny the jurisdiction request, commissioner fong? >> aye. >> aye. >> president wong? >> aye. >> aye. . [speaker not understood] the vote is 5 to 0, it is denied, and no appeal may be filed. >> i'd ask you to quietly leave the room, please, so we can move on. >> thank you. >> is stephen williams still in the room, mr. williams? >> he's outside. >> before we actually -- before you get him, i just want to -- we were thinking of having yours come before the next item