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tv   [untitled]    June 5, 2011 9:30am-10:00am PDT

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residential uses. there's also concern about the added crime and loitering the proposed project could bring to the area. those in support site the extensive outreach effort conducted by the project sponsor, his willingness to address concerns of the community. in particular and has mentioned project sponsor agreed to significantly alter the existing mission street furnished to inincorporate rate store frofpblet and his willingness to minimize on-site vaporizing and close no later than 9:00 p.m. the project sponsor also secured the support of a number of other member citizens of the area include business owners, operators and residents along mission street and supervisor david campos. staff recommendation is not take discretionary review and approve the project as proposed. the recommendation is based on the following -- the m.c.d. applies to all of the standards of the planning code including all proximity restrictions and advances the objectives of the
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policy, objective and policy of the jern plan. proposed project includes addition of a retail coffee store. the store front alterations will add to the existing commercial character of the area in the 3100 block of commission street providing individuals are a positive presence on the street. the project will jen rit between 15 to 20 full time and part-time employment opportunities. there will be no smoking on site or vaporizing on site. the 3100 block is well served by transit, including 14 and 1449 l including the line next will have stops in the front and reasonable walking distances. to minimize the impact on the commercial area, the sponsor agreed to the following conditions -- daily sweeping and lit pick up and pressure steam cleaning of the main entrance and sidewalk abutting the project, division of prorte odor control dwoiment prevent any significant noshes odors escaping premises and closed
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area will be provided. i would like to make a recollection to the staff report under the environmental review section. would i like to mend that section saying this is categorically except as a class one or class three project. this concludes my presentation and i am available to answer questions. thank you. president olague: thank you. project sponsor? >> good yoof noon, commissioners. i'm the project sponsor. just to give you a brief resume of myself, i'm a doctor of chiropractic and for the past nine years worked as an administrator for a large health care facility here in san francisco supervising over 40 health care professionals. together we provide care to over 300 patients monthly. i work on a daily basis with frail, disabled, mentally ill and cancer-stricken patients and i truly understand end stage life decisions and what the true meaning of compassionate care really means. as i work to keep people out of nursing homes and hospice care.
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here at mission herbal care, inc., our goal is not simply to open a pot club but safe health care facility providing low-cost health care services to our members and incorporate compassionate care to go along with their health care needs, which include chiropractic care, physical therapy, occupational they were yes, group therapy with licensed clinical social workers and other whole list tick treatments. for the past several years i have seen the effect of end stage life, chronic pain and illness and can affect people and their families. i wanted to start working with people on a more holistic approach to help people deal with this issue. i have long been interested in medical cannabis and have seen the benefits to patients. several years ago i began looking for the right location to purchase to provide individuals with the best possible holistic care. i located the property at 3139 mission street, which for the past three or four years has been a vacant building.
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i felt this would be a good location due to the fact the building at one time was a medical facility. it's proximity to hospitals, it's center of the city location and easy access to public transportation and freeways to provide delivery for those immobile patients. before proceeding with the project, we did extensive search of the neighborhood based on the san francisco m.c.d. ordinance to make sure there was no sensitive uses within the property location that would prohibit an m.c.d. from opening. after doing our extensive search, we did not find any primary or secondary schools or any other prohibited uses located within the 1,000 feet. we did have questions regarding childcare facilities and addressed them in our letter of determination to the zoning administrate are and planning department. i am referencing san francisco m.c.d. ordinance under section 795.508, which defines assembly and social service views, paragraphs following b through e, not referenced by section
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790.141 define childcare, educational service, religious facility, residential care indicating none of these uses are prohibitive. after addressing these concerns, zoning administrator issued a ruling for the subject property stating that the property located at 3139 mission street seemed eligible as an m.c.d. location. at that time we felt comfortable proceeding with our plan top an m.c.d. and health care facility. at that time i began working with the outreach consultant. i felt it was important to do outreach to the community and listen to any concerns which might arise. we first contacted the district supervisor david compous to inform him of the intentions and ask for individuals and groups in the area he felt woe need to contact. after meeting with the various groups and listening to their concerns which included smoking on site, safety concerns and the fact there were too many bars on cesar chavez to portland street which did not allow any store fronts for neighbors to utilize. after listening to these
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projects, this changed from a smaller m.c.d. health facility along with s upscale cafe with separate entrance at the business at the south end of the property consisting of the outside planners to close the area and provide awnings and tables and chairs for individuals to enjoy. the m.c.b. health facility entrance would be located at the far north id of the building for qualified health care patients to make it clear there's no access from the cafe to the m.c.d. and vice versa. the entire property would be designated as a nonsmoking building to not disturb other neighbors. other issued were safety concerns. we will be hiring a company to provide us unarmed presence at the door, along with a vehicle controlling the premise and surrounding block on a bee ottic basis. enforcing rules and monstering access of the property. we will be installing security alarm system and high tech dith day and night security cameras.
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we will also provide added lighting on the building for people to feel safe walking it around the area at night. i plan to undergo construction to completely renovate the entire building, upgrading the facade to be more visually appealing, create an active store front for the neighborhood to enjoy and revitalizing this stretch of mission street by creating more job and safe environment for people to utilize the cafe and m.c.d. and most important, provide the best possible health care and compassionate care for individuals with chronic pain and illness. thank you. president olague: thank you. we have several speaker cards. katja hope, jane winslow, cynthia sun berg -- sunburg. >> hello, commissioners, my name is katja hope. all right?
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already? president olague: you have three minutes. go ahead. >> can i start now? president olague: yes. >> i'm very happy to be here and i'm very excited to endorse the opening of this mission, herbal care incorporated, because it's a very innovative nonprofit medical health care collective and it's been inspired by dr. dmitry. i have been a clinical social worker since 1977, that's 34 years. i'm board certified diplomat with a lot of experience in many different programs. and i find dmitry's program won of the best. and my specialty is psychological care of long-term chronic illnesses, grief and loss and the end-of-life issues. so i'm extremely excited by what dmitry's come up with. the doctor and i have talked for years about the possibility of hospice, since i was a hospice social worker. i think his idea the commission herbal care now has grown out of those discussions because he's
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had a long-term interest in helping people with chronic illnesses and end-of-life issues, as you heard him talk. this will be a medical health care facility. i want to stress that. this collectsive will help the difference populations of patients who have chronic illnesses like cancer, aids, autoimmune diseases, chronic illnesses of all kinds. and even including hospice patients. mission herbal care will be a holistic health center. it's unique. it's going to stand out by providing extra services at a very low cost. it's providing home delivery for the house bound and mobility impaired. and this is providing more services than just getting cannabis that's been medically prescribed. he's addressing the reasons people need the cannabis, and
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that's what's most important. he's asked me as a clinical social worker, would i be willing to provide group counseling as well as individually counseling with the patients with mental health needs. i have happy and enthusiastically endorsed that idea. as you heard, he wants to add physical therapy, occupational therapy, chiropractic services and maybe some innovative art therapy that i know how to do to augment and address the medical mission herbal care will be a holistic health center. it's unique. it's going to stand out by providing extra services at a very low cost. it's providing home delivery for the house bound and mobility impaired. and providing more services than just getting cannabis that's been medicalically prescribed. he's addressing the reasons people need the ha cannabis and
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that's what's most important. he's asked me as a clinical social worker would i be willing to provide group counseling as well as individual counseling to the patients with mental health needs. i have happily and enthusiastically endorsed that idea. as you heard, he wants to add physical therapy, occupational therapy, chiropractic services, and maybe some innovative art therapy that i know how to do to augment and address the medical needs of these patients. now, i've known the doctor for about six and a half years and i find him an excellent executive administrator, one of the best. he's got a wonderful vision to make his program all the best. this is how he is. he gets great staff and consultants, whom you'll hear from. and he already has a track record of being able to skillfully manage a large, complex medical program, where he provides a wide range of services. he's always cull culturally
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sensitive, and maintains good neighborhood relationships. [tone] thank you. >> usually we recognize if there's a city employee here. >> he wanted to come up first? president olague: no, no. your three minutes are up. ire good. thank you, ma'am. >> thanks. president olague: so at this point we'll recognize the police officer. >> i just wanted to bring some things to your attention. first one is that engle side didn't become aware of the proposed club until monday, the 23rd of may. and then i contacted the
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planner, mr. sanchez, on the following day, the 24th. and then the applicant got a hold of me on the 25th. he came in and met the commanding officer and myself, captain mahoney. and we did have a brief conversation in regards to his business plan. and what our main concern is, is the security plan. just to bring some issues and concerns that engle side has, number one, there's a family school located at mission street which provides care or education for children between four months and five years, which is approximately 371 feet away. there's a planned parenthood located at 1650 mission. i'm sorry, valencia, which provides services to both youth and teens, which is approximately 1,056 feet away. and then there's another, the co-op dispensary located on 29th street, which is approximately
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1,500 feet away. and also the expressed concerns of some of the area residents in regards to the opposition which you guys already were -- they were loitering, bringing people in, so on and so forth. so having said that, if the planning commission does decide to approve this application, i'm respectfully requesting if it is within your authority to stipulate that the applicant work with us and provide a security plan in regards specifically that any security that is hired has a bona fide scar card through the california state of consumer affairs, and that he works closely with our video forensics unit to help specify the proper application for a video surveillance system, so in order that if there was a crime committed, that we would be able to process the scene and come up with some good evidence. president olague: your name?
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>> officer william mccarthy, star 1880. president olague: thank you for your time. >> thank you for your time, commissioners. president olague: i read off a few names, ms. winslow, and a couple of others. we have a few. >> hello. in the packet i gave you, there's a letter of support from supervisor campos. we contact the the organizations and individuals that he's recommended and many more. i'm sorry that the police department was not a part of this list, but they'll certainly be on another project i work on.
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i called the center. the executive director said the project was not an issue with his organization. i called the bernal business alliance, which is concerned mostly about cortland avenue, i gatherer. and they felt that the plan was a good use for this part of mission. we met with rita, who organized the tiffany neighbor-to-neighbor association that wants to bring foot traffic and more business facades open to pedestrians. and she, as an individual, has commended our plans and outreach. her letter is in your packet. we also worked closely with the northwest bernal alliance. and we have an agreement that's in your packet with them that they support the project. and they are the ones who requested the cafe in front of the building, which we think makes it a better-looking
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project. we also visited businesses in the immediate area. as the signed pets in your packet say, these -- petitions in your packet say, these people were not able to appear today because they have to work in their shops, but they fully support these new entities in their neighborhood. plans have always been to provide physical therapy, chiropractic services and other holistic services on site. but as i mentioned, the northwest business alliance wanted a more inviting storefront. so now we have the high-end cafe with sidewalk tables, plants, awning, etc. we were happy to comply with this as it makes the streetfront much more attractive. but it cuts down on the amount of space inside of the facility for services. if necessary, the doctor is ready to provide other space as services needed why do we need another m.c.d.? mission herbal care, inc. is not just another m.c.d.
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compassionate care such as physical therapy and counseling will be provided to go along with members' health care needs. and we think you'll agree that the outdoor cafe enhances this attractive block on mission street. [tone] we hope you will support this project. president olague: thank you. and then the third person whose name i called. and then i'll go down the rest of the list. >> madam president, commissioners, my name is cynthia sunberg. i'm a state approved health care consult yantd. my role is to work very closely with the california department of health care services, audits and investigations, medical review branch. my role there is to work with health care programs to teach them proper operations and ethics. in the past seven years i have known the doctor through his health care businesses. and i have to tell you that he's not just one of my favorite clients, but he's also the best. he currently has great outcomes.
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he follows all rules and regulations in regards to straightstate compliances. mission herbal health care is a herbal clinic offering a variety of services, not just the dispensary. i really hope that you support this program. president olague: thank you.
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>> i've talked to many of the neighboring businesses. within 1,000 feet is the jamestown center. that group specifically deals with helping disadvantaged teenagers and youth. i think it was brought up yesterday -- yesterday there was a group of teenagers at the unemployment division, right next door. there's two blocks away, salvation army, adult alcohol and drug rehabilitation center. on 26th and valencia, teen challenge, a group that tries to help disadvantaged youth. in summary, i just feel that this is a completely inappropriate business for this spot. we also wanted to point out within 12 blocks there's four pot clubs, and there is a pot club already servicing this community two blocks away.
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i truly don't feel the residents support this pot club. >> my name -- [indiscernible] i live maybe 500 feet from the location. i walked by the proposed site every morning and afternoon and a whole bunch of other times, when we go to the store or whatever. i'm in agreement with the last speaker here. i was thinking about what to say, and some of the points have already been made. the first one is the center on the corner. what i see around that place is typically teenagers, and parents with very young children. i don't know what it speaks actually to. the second point that's been brought, as well, is that there is already another dispensary. so i would hope that those users
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of me disnail cab news -- m -- e cannabis are already served it may be that the operation is great and holistic, but maybe they should perhaps consider separating the component from the health care facility in which case you would probably an enthusiastic welcome from the neighborhood. the third one is, it may have been discussed with some associations, the notion of it being something as a compensation. i don't see it that way. i think the idea that you would have the same ownership of the cafe and the cannabis dispensary might actually increase the street traffic related to the sale of the cannabis. i don't know. so certainly to my mind, it would mandate -- at least out of discretionary review. i'm also with doubt the value of
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this as an economic development. there's the m.t. bloodbuster store which -- i think it's used as a training center. but it seems under utilized. i don't know that this new facility would attract more investors. these points have been made. one i would like to make is mostly about outreach. there may have been conversations between the leadership of the neighborhood association and outreach specialists, and supervisor campos. what i know has been pointed out is that we as neighbors have never been told. i learned three days ago when somebody left a flyer in my mailbox. and all the other neighbors i've talked to had no idea that this was coming. and i think i have the same experience as the previous speaker, that everybody in the neighborhood i talk to is absolutely opposed to the project. or at the very least would not understand how this project could go ahead without further input from not associations but people who actually live within 100, 500, or 1,000 feet of the
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facility. and i think that concludes my intervention. president olague: thank you. >> commissioners. i'm a long-time resident. in your packet, you will see that this is a mission approximate quit map. i think a lot of the concerns as a neighbor and as a community is really the notification has been really, really poor. i know there's believed to be outreach. but you look at this approximate quit map, and it doesn't even show the fact that 3101 mission street is a school called the family school. it's been there for 10 years at least. it was developed when the
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gateway apartments went into it. it's not even located on there. it is a viable school. it should be there. it's within the 3101 mission street. with regard to outreach, on may 23, the reason why the police department was informed of this potential pot club is because i went to the police station with the notification and asked about it. so only upon the 23rd of may were the police actually notified. it was because i brought it to their attention. in fact, on may 23, i also did outreach on my own to patricia -- and i have her name -- her last name -- of the family school located at 3101. and she did not even know about the potential pot club coming in, or marijuana club. with regards to the fact of if this is a code violation, the reality of the situation is their license is for 32 children. 16 are daycare. and the second 16 is for 3 to
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5-year-olds. now, the 3 to 5-year-olds do qualify as a form of preschool. they are licensed. they are state-run. they get moneys from the state, from the city. unique enough, everybody says well, elementary or preschool doesn't count. the reality is the school district actually does recognize and has 39 preschools ages 3 through 5 that are located within 1,000 feet drug-free zone, which is part of the no child left behind, and a federal law. so i spoke with all of these sites and these pre-k directors. and every single one of them has a posted sign on their building that says 1,000 square feet, or 1,000-foot radius drug-free zone. so why a 3 to 5-year-old in this neighborhood doesn't get the same location doesn't make sense to us as neighbors. and then, again, with regard to the outreach piece of the puzzle, it's just not been well
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documented. there's hundreds of people that if you put this out on the neighbors above this pot club, great use, we want to see commerce on mission street. but this is not the right location for this particular business. thank you. president olague: ricardo jimenez followed by adriana nakapahu, eric guest. >> good afternoon. i'm a life-long resident of the neighborhood where the proposed dispensary is located. i'm also a 20-year veteran law enforcement officer. i have concerns about safety and crime that this dispensary might bring to our neighborhood. i would like to you consider our concerns about fairness. our neighborhood already has a dispensary. isn't that snuff why do we need another one just two, three
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blocks away? would that be allowed in neighborhoods like pacific heights or the marina? would that be acceptable in your neighborhood? nowhere in the agenda packet sent to you does it point out that there's already a dispensary at 29th and mission. that's a important factor you need to consider before making this decision. i urge to you deny this application in the name of fairness. thank you. president olague: thank you. >> i'm a member in the neighborhood. i do believe that the neighborhood is in need of active benefits on that block. i believe the neighborhood would benefit from the positive economic impact that the club would bring. and i do support the plans for the m.p.d. and i hope you vote in favor of the plan.
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>> good afternoon, commissioners. my name is eric guest. i'm an occupational therapist. i'm here to advocate for the dispensary here in the city of san francisco. personally, professionally, i've witnessed the benefits of cannabis with many of my patients for treating physical issues. like social issues, it's created significant, profound benefits. the research on it has all been proven in my experience, just first-hand seeing it i'm doubly for it. my professional experience comes from working at his adult center. the center provides