of an explanation of why it comes before us. >> thank you. the deputy city attorney, the office gave you a device in januaryç when a]i decision ouq the city of long beach related to the issuance of mcd's and we gave the advice that the commission suspend the permits until the supreme court gave the decision on whether to grant review. the california supreme court has granted review in that case, so the current decision by the court of appealsç is to be çpublished. it is not at this moment a sizable president. therefore, the planning commission can process permits according to the existing procedures.

of course, we will continue to keep you updated as the supreme court considersw3 this case. >> thank you for that clarification. >> good evening. the request before you is a mandatory discretionary review to establish a newç medical cannabis dispensary for the green cross which it operates as a delivery only service. this will sell cannabis, canada's food products as well as the plans on the ground level. no on-site smoking, vaporize income or consumption would be providing -- would be permitted. the application was filed by representatives for the out commission merchants and residents association citing concerns about its proximity to child care location -- facilities.

since the preparations of the commission updated the pact could come up additional public comments were received by the department. written comments and opposition and the petition with additional signatures and 21 written comments in support into the staff has received numerous public comments since this of middle and early 2011 both in support and opposition. the comments and support state at the existing operator has proven to be an upstanding establishment and that the proposed facility will provide a necessary medical service. the comments and opposition general expressed concerns regarding potentialç increase n criminal activity in the area, proximity to facilities catering to children, the legality of mcd's çunder federal regulatio. w3this location complies underxe

planning code and no schools, recreation buildings or substance abuse centers are located within a thousand feet of the facility. all notification requirements have been met. child care facilities are not included in the 1,000 foot requirement under the planning code. ñrthis is approximately 1.2 mils away from the closest child care facility. the project sponsor has documented extensive outreach efforts throughout this process including responding to neighbors consents, offering additional meetings and for the updating the security plans. q been in consultation with the captain from the station regarding their security

measures. based on a lack of exceptional or extraordinary circumstances present and based on the merits of this project, the recommended action is to not take discretionary review and to approve the project as proposed. this meets all requirements of the policy and it is going to be operated by a local business operator. the location is well served by transit. the tenant improvements will provide a safe and well lit establishment and this will eliminate a vacant storefront that has been vacant for over a okyear. this will provide additional unemployment opportunities for san franciscans. it will provide a service that is not currently available. i want to take this opportunity to remind the commission on a few items. the project, this item and the

next item are mandatory discretionary review items and not a conditional use items. this means that the building permit that is subject to the current review to establish the new dispensary, the code it does permit that. unless there are exceptional or extraordinary circumstances found by theç commission and is discretionary abilities. i am happy to answer any additional questions relating to this project. >> there is a discretionary review file on this. >> good afternoon, commissionairet(.

i am the president of the outer commission merchants and residents association. i filed for discretionary review for several reasons. first and foremost, to our organization, association overwhelminglyç opposesç these kinds of businesses in our neighborhood. i want to quantify one aspect of this whole thing. we started out with this over two years ago and these are the two that areçó on the next itemn the agenda. we have been dealing with 4218 for six or seven months. çhaving that said, to have thre mcd's on the same agenda, on the same street, having it within

one block and another 10 blocks away is unconscionable for our neighborhood. i have been president of this association and the co-founder for almost 15 years. one of our tasks is land use issues. we are in front of you all the time. in the 30 + 50's, 60's, and the beginning of the 70's, the neighborhood was a vibrant commercial district. it was in the late 70's, we did not have a grocery store. the first safe way was on the cornerñr of naples, cordova, and 12th street. the next time safely opened was in 1978.

we are striving to get businesses. there are empty storefronts. they are ugly empty storefronts. we have had to call 311 several times because of all of the graffiti. if we have to deal with that when it is empty, when -- what will we deal with when there is something there? we represent over 1000 households. these are people who have lived there longer than i have. those people have lived there from the 1930's 40's 50's. my neighbors have been there for 45 years. they don't understand this. we what legitimate businesses, and i'm not saying that mcd is not a legitimate business. people are scared to death because they don't know what is going on.

we have dozens and dozens and dozens of california facilities in the admission. t(there is the mission ymca, its when he got the putin is over 1,000 feet. the alternative school is over 1,000 feet. there in the neighborhood. one of the child care facilities is on the corner of avalon and mission. across the street from that is the san francisco jewish home.

silver and mission is not the safest. we're trying to get cameras. geneva and mission was an awful place to get off or on a bus. a 12 that the people that are here to speak. i think -- i hope you'll take into consideration the over- saturation is going to get this. thank you. [applause] çpresident miguel: that is not allowed. >> i am a if the community is g

out as they have byok voice and putting pen to paper, i hope that we do the right thing. thank you. president miguel: next speakers.

>> good evening. i came to speak in opposition of 4218. çfrom a planning perspective, u will heart( never heard opposition from an emotional standpoint and family standpoints. from a planning perspective that the housing authority -- as a housing authority commissioner, this location is 1,100 feet from the ymca, serving a number of youth and 1150 square feet from the boys and girls club. predominately the mission and silver bust out which is in the middle of these locations, well within 1,000 feet of this

okproposed medical kamen -- canada's club is a major stop for a number of youth to access these facilities. from a planning perspective, this location,ç i urge you to e your discretion and reject this location on the grounds it is a bad fit from a planning perspective. as a housing authority commissioner, thousands of youth is the boys and girls club and ymca. they travel from different parts of the city because they have to leave theirç neighborhoodç violence for other reasons. the access these clubs as well. i am speakingç as a neighbor as well as a commissioner. ok>> are you representing the commission? >> i am. the executive director would have been here. i did speak toç four out of sen commissioners and the majority

are 100% in opposition. >> for the record, let me say i would advise my commission they could not do that. they could not speak to a majority of the commission without being in a public format. >> we have not taken an official vote. >> if you did not gather that informatr in a public format, you are on the commission -- or representing yourself. çwithout that public hearing ad that formal vote it cannot represent them. >> i am giving my best answer. in terms of the official, no.

>> i am here in opposition to 4218. i am presenting myself in front of the commission not as someone who lives in san francisco but as someone who has lived in san francisco my entire life. i have seen changes take place. some of the changes have been for the better. some can be argued differently. in this case, several of my neighbors have voiced concerns, have voiced opposition. we are a working-class community. in many instances, they do not have the opportunity to leave work early to come and testify. they have other responsibilities. speaking of their children, cooking dinner. they do not have the opportunity but believe me when i tellñr yo, the numbers are large. çthere are in opposition. ççrevoice the concerns of the

neighborhood. as my friend stated, i ask that you please use discretion and help us out with this. we do not need this in the neighborhood. çgiven the proximity to several child care -- ñrwhere children hang out, obviously, children are there after school in the area. we do not need this in our area. i ask that you please help us out. thank you. [applause] >>ok to back up what the presidt says. we are going to be your number of hours. everyone is passionate about this subject. if you insist on applauding after every speaker, you prolong this hearing. we would like to hear all of you. if the commissioners get to the point where they feel theyqfñz"o continue this hearing to another day. i do not think anyone wants

that. we'rew3 asking youç to hold yor applause. please, do not applaud after every speaker. that everyone speak. go sit down. . next speaker,. thank you. fá-- the next speaker, come up. commissioner antonini: speakers in support]i of the d.r. requestor. >> i am a neighbor to the proposed mcd, 4218 mission. i do not çwant to live in a neighborhood where i need a business next may with security cameras and security guards and it attracts some criminal activity. people smoking marijuana in and out and near where i live. i am speaking out adamantly

about this moving in. çi take pride in myñr house ani clean it up. i am constantly cleaning up debris and letter, graffiti off my building and things like that. because i do care of my neighborhood. i have spoken to other neighbors around the neighborhood -- area. a lot of neighbors are taken back because there were not notified, did not know this was going in. they also are adamant against it because they are afraid of the crime element that could possibly be coming in and the ease of people to be able to get marijuana cards to just smuggle marijuana because of the -- the high they get. i do not feel that our youth that people need that. we have a major problem with drugs as it is, which is all over the newspapers and

everything else. i am not against marijuana as a possible health aide or something but i think this has beenç railroaded and taken over and not properly monitored. t(ñrlike a real medicine should. iñr strongly urge maybe they hae done everything they can to get their permit and do it. it is not a fit for the neighborhood. there is kids that are playing now. playing basketball. it is good to see in the backyards. i do not want to see something like this coming in my neighborhood. thank you. commissioner antonini: thank you. ç>> goodt( evening. our building is adjacent toç 48

mission street. i have done all little bit -- a little bit çlooking into the process of application. there were two applications. one was completed by gary bell and the other by kevin reid and karen woodson. one application says there is no vaporizer. the other one says there is. çthat is contradictory. also, when i went down and looked at public records, if i can assure you this, this is the 300-foot radius map. this map that was in public records does not match the list

that was applied. forenames to be notified. that is another thing i found. another discrepancy. also, as a neighbor to a bar which is on -- two doors down from us, i am already having to police and babysit its situation which is out of control. w3what my concernç is is with having a bar and then being sandwiched in with an mcd. i feel the crime level --ç i se it from the bar. this will invite more and i already did not feel safe in my home as it is. the issue is i feel that the san francisco regulatory framework for mcd's did not take into

considerationç children's righs to exclude by excluding day care centers, preschools, parks, and playgrounds, which we have in our neighborhood. also, i feel that the san francisco planning commission has also led fall through the cracks, in my opinion,çó the clustering and crowding of the mcd's and they have not brought it to surface to make it officially decided how many they will put in and how many there will not, and so on. that is all i have to say. q thank you. a number of other speaker cards that show they are in opposition to the project or in support of the d.r. requestor.

mindi dios, michelle white, . >> good evening. a way to know there isok quite a lot of schools around the neighborhood -- i want you to know there is quite a lot of schools around the neighborhood. child development andi] longfelw elementary school and monroe, epiphany, san francisco community schools. the ymca, boys in school -- boys and girls club. a lot of schools and a lot of kids. çi used to take my kid to longfellow.

a lot of parents want their children -- what their children to school along mission street. right at the corner. i oppose this proposal. thank you. commissioner antonini: thank you. if i call your name or if you are in favor ofxd the d.r. requestor, please,. if you arexd opposed, please tippah. çó-- step up. xd>> [speaking foreign language]

>> we all live in the neighborhood and we're in a position to granting the permit. [speakingç foreign language] >> i need all of you to speak into the microphone. >> i have many neighbors who are opposing, but they cannot be here tonight. >> [speaking foreign language]

>> there are so many children's facilities in the vicinity. of the proposed site. ñreven though i am fully aware f the 1,000 feet or meters restriction, we have many child cares, ymca,ç and schools. the ymca may be a few more feet than 1000. the kids are running around back-and-forth in that area. it is not good to have a marijuana dispensaries operation there. w3q >> besides the ymca andi] behind the senior center, there was a

çschool there and that school s also very closeçç to 1,000 fe. ç>> can you keep each -- can yu each day yourt( name as to comeo the mike? ok-- state your name as you come to the mike? >> [speaking foreign language] ç>> i have a son who is 10 yeas old. i believe that weç have -- this is not good for him. >> [speaking foreign language]

>> also i am concerned about the safety feature,t( have an establishment like this in our neighborhood. -- when we have an establishment like this in our neighborhood. >> [speaking foreign language] >> i am not against using marijuana. çhowever, i am concerned they are building the center near our neighborhood or on the hospital. -- around the hospital.

>> [speaking foreign language] >> i am michelle. i am a resident in that area. i am against this proposal. the reason why i am against, this establishment will bring much harm to the children in our neighborhood. as you know, children are the future. we are harmingç them, what fute are we going to have? >> [speaking foreign language] >> i amw3 not picking you up. >> ç[speaking foreign language]