particular shop every day. not necessarily on the taraval. they walk past it. my kids always go to the 7-11, and the doughnut shop next door. i have a daughter who just graduated from a school in l.a., and when she heard about this she said this is a joke. anybody could get a prescription to get marijuana. i am not against it. i have a father in a father ino suffers from cancer. i have a father in law who suffers from cancer. he gets his drugs delivered to his home because he cannot travel out. we already have a problem with the liquor store on taraval street. our children are purchasing liquor, under age, 15 years old, liquor, under age, 15 years old, my own children included. the last thing i need for them is to try to buy marijuana. president peterson: thank you. ext. speaker? >> my name is peter. i live on 32nd ave.

i get to watch the traffic and all the kids going to the 7- eleven or go to the sandwich shop. there was a question of how close are the schools. maybe the previous board really did not consider that. lincoln is about seven blocks, but when you take the bus, it is only three stops. bacon stop by anywhere along that. they can stop by anywhere along that. who knows what they bring back. same thing with sunset boulevard. but it is not handicapped accessible. two stops off taraval in front of this mcd have no ramp for wheelchair's. even that mcd was cited for a.d.a.-compliance after the

permit is granted. they picked the best location to fit on the map, but maybe the map did not put all these other things into consideration. the previous board did not ask how much it will cost the city to make it truly a.d.a. compliant for the muni stop. that will cost the city money as well. they need to reconsider. there are a lot of reasons, the type of, and a misrepresentation of the church. those are already enough to reconsider. please send it back and reopen this issue. president peterson: thank you. next speaker? >> hello.

she has been living and sunset 32 years. the reason for her coming here. most of the issues regarding the kids. she is worried about it.

the main concern for her is about the safety. the mcd patients say they need a safe place. it might be safe for the mcd patients, but it is not safe for the residents. what she is saying is that you guys don't like the chinese.

because of the language barrier, a lot of things being put forward are not coming to light. thank you for your time. president peterson: thank you. ext. speaker, please? -- next speaker, please? >> thank you for being here and listening to us. i have lived in the sunset district 20 years. last may, and came for a meeting. one of the commissioners, they're closing statement, they told us they have to give the permission, the permit to the mcd honor to open on taraval

street because they followed the rules. it reminded me of one of my friends that wanted to open a penthouse on their residents. that followed the recreation and all the rules and paid for whatever the cost, but they need the approval from the neighborhood. if the neighbors say no, the permit is denied. the last time, the last meeting, it seemed like the commissioners already made up their mind before they listen to us. we had so many people come here, until 2:00, 3:00 in the morning. our voices are not being listened to. you are telling me that you care

about a penthouse more than the committee. -- more than the community. i just wonder. thank you. president peterson: for those of you who have testified, if he could move away from the fire doors. >> the prior speaker, the translator just came to me, was referring to the planning commission and that this board, in reference to her view on how they looked at asians. >> good evening. i am a resident of san francisco. i am concerned that with the planning commission approving this, a lot of the assurances that were made earlier about 21 years and older, nobody else would be allowed in there, the limited hours of operation, i don't know if any of those restrictions and conditions of

use are really in there. i hope you will correct me if i'm wrong, but i don't feel the assurances that were made to address the community's concerns are included in the permit approval. i am asking you to reconsider that and send it back. and my other question is the notice of violation of those restrictions and the intent of the law. it was completist -- who is policing that? i don't think there is enough to allow it to continue. thank you for your time. president peterson: 90. next speaker, please? >> hello. i am a 45-year resident of san francisco and also a pastor, but not of this chinese gospel church. president peterson: are you a pastor now? >> not of the chinese gospel church.

i want to ask that this board revoked the permit, taking into account the 1,000 ft ordinance, the spirit of the law, if not the letter of the law. churches should be counted as a part of our community, and this particular location is right next door to the chinese gospel church. it is not 95 feet, it is right next door. being a pastor in knowing the different types of activities and organizations that we host throughout the year, there will be a multitude of children and youth during all business hours. i would encourage the board to revoke that, not just on that issue. it is not a given just because an mcd applies they are granted permission. i would say as an example there are many businesses, for example like home depot and wal-mart, that would love to get in the

city, but it is not a given. president peterson: next speaker? step forward to the podium. >> hello. my name is gregory. at my home is 1.5 blocks from the proposed site. i was one of the people there until 3:00 in the morning. i think this is our first bite at the apple. i was simultaneously swelled with pride at the neighbors who came out and appalled by the way the chinese community was treated by the lack of translation and the comments that they were less than intelligent because they did not understand english language. i would thank you for considering what is here and ask you to overturn the mcd. president peterson: thank you. next speaker, please? >> hello, commissioners. and a commentator on a chinese radio station.

for several days, we have received several calls. a lot of the chinese people call and and are concerned about the mcd and the sunset area. not even one caller said i needed because i have pain. a lot of the people say they are suffering, but they have no problem traveling from sunset to other areas. transportation is not a big issue. other speakers say they have free delivery. this problem is solved. how about our problem? most of the people, not the sunset residents, they are not angry people. they're concerned about the next generation, con just concerned e next generation, the community. the other side is different.

the trek to indoctrinate the next generation, saying marijuana is ok. "it is just a pain killer. it is good to try." president peterson: thank you. next speaker, please step forward. >> my name is andrew happened. i support the cannabis dispensary and what greg is trying to do. president peterson: you can bring this up if that helps. sorry. >> i studied psychology for about 10 years, and i first met paul and susan when susan was doing outreach, and later greg. they may have seemed irrational or irresponsible. i will secure the neighborhood. i walked by all the time. if anything is going by, i will report that. i am not going to want dangerous

things happening around children either. i see a lot of children in the area. i think it would be safe. i do not see any reason why this legitimate establish one should not be able to move forward. we should stop wasting time and taxpayer money on this issue. president peterson: thank you. next speaker. >> my name is theresa, with the apa association center. today i want to urge you to revoke the license. and i really feel that you should listen to people. today, california recognized that legalizing marijuana would not make our citizens healthier. there was a deal struck in the city and state. i would urge you to please listen to the people, because to legalize would lead to more addiction, and especially

driving accidents and emergency room submissions. i urge you to really revoke the license for this. thank you so much. president peterson: thank you. next speaker. >> my name is terry fong. i am the owner of the 711 500 feet from the proposed site of the mcd. there is something we call trust. the sponsors claimed that i support their cause, which i do not. how can we trust them in running a good operation and a safe operation for our neighborhood? remember in the 1990's, i tried to get a beer and wine license for a convenience store, a food mart. i had one complaint. that cost me six months in getting my license. now we have over 200 people staying until 3:00 in the morning that do not want this mcd there, and we have 4000

petitions. our voices are being heard. there is a unanimous fight against the decision to allow the mcd to operate. i do not understand it. are we falling on deaf ears? i am -- secondhand dealings. they buy from mthe mcd and go to the 7-eleven to try to sell to the kids that hang around the parking lot. [applause] president peterson: no applause, please. next speaker, please step forward. >> hello, i live in the sense that area. i do not speak english. [speaking chinese]

>> we live on 31st street. i have three children. >> [speaking chinese] >> my house is very close to the proposed mcd. the police said it will be ok, but i am not sure about that. >> [speaking chinese]

>> and nobody can guarantee our three children can grow up in a good way and do well in the sunset district. >> [speaking chinese] >> it will waste lots of money for police and government to manage this district. president peterson: thank you. next speaker, please. >> hello, commissioners. my name is dan ryan. i am a 40-year resident. i am currently the council president of grace church.

we have sponsored the grace infant care center since 1983. to answer your question, there are 15 families involved. we are restricted by state law because of the size of the facility as to how many children we can have in an infant care center. so we are restricted to 15. we are within the 1,000 feet. i am kind of disturbed that because we are called a day care center we were not considered part of the thousand ft thing, according to the planning commission. however, because we have infants and very young children there, i would question why that does not pertain to us. so i am just here to tell you that we do exist. we are very active in the stability. and we are concerned that we be recognized as existing at that

location. thank you. president peterson: i missed it when it was established. >> the center has been there since 1983, a state license to center, required to be licensed by the state. president peterson: thank you. >> good evening. my name is an wong. i live in the sunset district. >> she just moved to sunset. >> [speaking chinese] >> she likes the location of sunset, especially the schools. >> [speaking chinese] >> they have been working very

hard to save money to move to sunset. they wanted to live in a better environment. >> [speaking chinese] >> she says the mcd will affect her a lot. >> [speaking chinese] >> a lot of -- they do not like the smell. they smell, those kind of plants. >> [speaking chinese] >> she has been planning to live in sunset for 25 years. she has been diabetic for 27 years. >> [speaking chinese]

>> she would be scared to walk out after night time if it opens. >> [speaking chinese] >> she said it will affect and help people as well. for their next generation and their own health, she does not want the mcd. president peterson: thank you very much. next speaker, please. >> my name is edward alb. i live in the sunset district almost 29 years. all the things that have been mentioned, like the children, the shops, and the church

nearby -- but one thing i wanted to tell you that taraval street, it is very dangerous. especially for wheelchair places. when you go down, it is very dangerous. i am not against medical marijuana use, but i am against the location. thank you. president peterson: thank you. is there any other public speaker on this item? seeing none, we can move into rebuttal. we will start with mr. moody. you have three minutes. >> thank you very much. i would like to put a few things on the overhead. i will note that there is no exception to the ordinance about 1,000 feet based on access problems.

if there is an access problem, you throw it out the window. that is not true. what we have here are the travel times to the four closest and cds -- mcds. by muni, the longest is 28. these are not that far away. there are 23 medical cannabis dispensaries in this town. oakland has four. as we have noted, there is free delivery available everywhere. sticking with the overhead, there are questions about how near schools are to the site. lincoln high school is 0.75 miles away. they do not have graced infant on this, but let us credit it. you have dianne feinstein at 0.57. you have abraham lincoln and

0.7. you have since cecilia's at one. 07. -- at 1.07. this is an education dense corridor. i am deeply offended by the way that planning is continually changing the rationale for why this is ok. and want you to look at the report, where they say caanan tutoring, haley dance, and synergy may be youth serving businesses but are not licensed by the state and therefore do not count. he does not come up and say this to you today. when we come up and produce a licensed day care that is within 1,000 feet, he switches to another justification. what is key is looking at the actual ordinance itself, because

he is reading it wrong. take a look at where 7 90.501 -- 790.5f. we have three qualifying entities here. we have a school or a community facility that primarily serve persons under 18 years of age, grace infant center. or a community facility, a recreation building, as defined in 7.90. when he goes back and says look at b, that applies to the third category, not the second one.

i submit to you anyone at the infant center is under 18 years of age. president peterson: thank you. mr. david? commissioners, did you have questions? ok. >> just to make sure that the board is aware, this seems to be the original. i do not know of the board has received a copy. fair enough. i do not want to delay this matter. i do want to say a couple of bullet points, though. first of all, we have heard arguments regarding convenience. we now have evidence before you that the marijuana can be delivered to the household. what can be more convenient than picking up your phone and having

it delivered? mr. schoepp mentioned it took him two hours to get downtown. perhaps he was walking or using his wheelchair to do that. i personally observed him getting out of his truck, parking in a handicapped zone, in order to come to this hearing. i doubt highly it takes two hours to drive from that location downtown. the argument that convenience is an important issue is completely obliterated by the williams case that i cited, which states explicitly that convenience is not an argument that comes the law. it can never be considered in regard to this matter. even if it was, what could be more convenient than picking up the telephone? in regard to mr. sanchez's comments that he analyzed the code at issue, i would have you look at the brief. there is not one iota of

analysis in his brief. it is merely stating conclusions. conclusions are not analysis. i do not want to go to our brief, but we have meticulously applied the law to the fact of this matter. that is analysis, not stating conclusions. another thing. in regard to the comment about being best classified, having these organizations be best classified -- that is not absolute. you can qualify under several different -- you do not have to qualify under one roof brick. you can qualify under 2. -- you do not have to qualify under one rubric. leslie, can we be preemptive? can we use our logic and reasoning to think ahead into the future and stop this from happening? my answer is yes. i sincerely request that you revoke the permit. thank you for your time. president peterson: thank you.

mr. saint-pierre? you will have six minutes. >> thank you, ladies and gentlemen of the board. i definitely appreciate your time. i am not going to take this entire six minutes. a lot of things have been brought to bear on the issue of whether or not this is going to raise safety concerns for children, or potentially endanger the community. first and foremost, one of the primary attributes of mr. schoepp and the bay area compassionate health network is that they want to be active members of the community. as part of setting up this process, they did have regular weekly outreach meetings to the community, and made a si