do not have cards, they become accomplices in the illegal drug trade. a dispensary does not reduce problems. i saw this circle, this pie chart on the board and i wondered how many other areas have that many black dots in their neighborhoods. i also suspected if it is approved, the u.s. attorney's office will issue their standard letter and it will get close down. finally, the approval criteria, the six criteria skate around the issue of criminality. also, although there may not be any alcohol attached to the premises, if you walked 30 feet, you will find drink. listen to the neighbors -- if you walk 30 fateet, you will fid a drink. listen to the neighbors. thank you.

>> thank you for this attorney -- opportunity to drink. -- to speak. i am speaking about the open house project in just a minute. we're here to encourage your support of the marauder collective. we are not a structural part of the organization but we are a partner of theirs. we support them as we see a long-term history of the use of medical marijuana that the correct use of medicare -- medical mumarijuana to treat many illnesses that our community faces. we see it as a competent location and we appreciate the effort to create an infirm and that is inclusive and has strong connections with other agencies. we appreciate their efforts to structure the center for other

community-based organizations that work on health and wellness programs in the community. i will pass on to another speaker who will talk about what the support will help fund. >> thank you. i am the community programs manager at the asset center and i oversee the health and wellness program at the center. i wanted to speak about the importance of the funding this brings to the center. since the economic downturn, there have been many cuts to hiv funding and the services to support the health and wellness of the lgbt community. it is vital that there be outside funding that comes in from organizations and the fact that an organization is stepping up to fill that gap through private means, that is important to us. we see in many -- many of our community members suffering from

illnesses such as hiv, cancer- related illnesses, and many other health problems that come along with being in a class of individuals that has been marginalized for so many years. we think is important to our community we have sustainable income that comes through outside means and this would provide quite a bit of support for the services that have been cut due to funding cuts through the government. we see so many people who are being affected not just through health problems but also socially and economically because of the economic downturn, and we really support the support of community members of businesses and -- that stepup. we urge you to support this measure. thank you. >> i am the executive director of aguilas, and a distinguished professor at the school of

[unintelligible] i strongly support the approval of the certification. this provides us with a unique opportunity to create a healing center. there are a lot of people who are in chronic illnesses, have wasting diseases, that have difficulty being able to keep their weight, difficulty being able to manage their chronic diseases. what we wanted to do was partner together with key people like shanti and lgbt center and our organization to build together and case management system. with his partner in, with this collective so that we can actually manage this properly. i think the federal government in the last 15 or 20 years has provided sufficient evidence that medical marijuana does provide some beneficiary -- benefit to people who use it and

use it properly. we see our role as helping this move along along those lines. i want to support this and seek your support in endorsing it. we will also benefit from this as a nonprofit in a time where dwindling economy and that is seriously affecting our services. thank you. >> good afternoon. i am the volunteer program coordinator for aguilas, we provide services and to welcome everyone. funding has been difficult for the last couple of years. citywide, statewide, and at the federal level. it has been difficult for us to maintain our current services. we're partnering with businesses and that will help establish services to continue.

it will also provide an alternative for our members, forced to refer to and especially for those who are hiv-positive. many members suffer from side effects of the medication so this will be enough for them to try something new. this location we feel that it is centrally located for our clients. it is reachable by bus and people can walk to it. a lot of our clients are based around a unique area. we do hope that you can approve this project and thank you. >> thank you. >> hello, commissioners. i am a member of aguilas, and a volunteer. i have seen over the years how they have struggled to stay

open. this is a good thing so i am in support of it. i live two blocks away. i am the co-founder of the lower twenty-fourth street never association. i've seen over the years how it has come off the streets. it is being more responsible and more regulated. it is cleaning up the neighborhood. thank you. >> i will call some other names. [reading names] >> i am the executive director of the shanti project. i will be very brief. in case anyone is not familiar,

this is one of san francisco's oldest nonprofit that support people with hiv, cancer, and otherwise threatening conditions. we serve 2400 individuals each year. all of our clients have hiv, breast cancer, or other types of cancer. we have clients now that need and to use and utilize medicinal marijuana. the other part of the clientele is we're looking at the most vulnerable population, 90% are living at the poverty line. i am in support of this for a couple of reasons. i know there is -- this effort is based in the idea of reaching out to those who are most vulnerable who could benefit, who do have chronic or have end- of-life ... and could benefit from this in their difficult moments. we will benefit from the financial support which goes back toward supporting these individuals as you have heard from the other non profits. i certainly hope you will

consider the merits of this and i urge you again to support this measure. thank you. president fong: thank you. >> good afternoon, commissioners. i am on the board of directors of the shanti project. i am a member of the mayor's disability council. i speak in favor of this project for several reasons. most because it integrates itself into a system of compassionate care for which san francisco is world renowned. it supports the existing structure without any additional city funds being used. also i have a personal history. i have been hiv-positive since 1985. i have used medical cannabis to alleviate not only the symptoms of hiv but the medications --

side effects of medications. it was effective and i would like to say that i am -- live in hayes valley and we have a medical cannabis establishment there that is very effective. thank you. president fong: thank you. >> good afternoon and thank you for hearing my comments. my name is jason bennett. i have lived in the city almost two years now. among my family. i am [unintelligible] i have four disabling diagnoses along with my cerebral palsy and thyroid disease on top of

that. with that being said, medical cannabis is a very important part of my medical treatment for myself and will be helpful, it helps to relieve the painful neuropathy and effects of hiv drugs and my cerebral palsy. i am -- [unintelligible] the shanti program. i can assure you that 99% of the shanti people that use the cannibis -- canada's wisely,

they do not abuse it. -- cannabis wisely, they do not abuse it. they're not able to come into -- and purchase. once again, i would appreciate you to consider this measure. thank you. president fong: thank you. next speaker, please. >> thank you. i have been a client at aguilas for three years and i go there for in spanish, a survey support groups they have. they have provided -- these groups are excellent, they have excellent therapist as leaders, and the agency has over the past

couple of years have had tight times with money coming in from this city and directives out of washington that have -- they have managed to screw things together. this is a very valuable source of funding from the private sector to keep a very good program rolling. thank you. >> i am a member of the board of directors of aguilas. i completely support, i hope you can support us as well. i live on 24th street and i believe that after speaking to a lot of the community people, members of the committee on twenty-fourth street that it will be a welcome asset in our neighborhood. thank you. president fong: thank you. is there additional public comment? ok, seeing none, the public

comment portion is closed. commissioner sugaya: i have a question for staff. on the map, the closest dispensary which is indicated as having once been opened but is nall -- now closed as shambala -- is shambala. when was that granted to -- granted permission to operate? >> i would estimate within the last 18 months. three years, 36 months. >> did we approve that one? >> you did approve it. commissioner sugaya: have we had any complaints? >> i am not aware of any complaints. commissioner sugaya: thank you. commissioner moore: with reading

every day that dispensaries have been approved have been closed, i think is extremely important for this commission to consider of holding what california and the city supports with a large population that depends on this -- the services. this project is well located. 1 mile radius is quite far for others and what i like about this project is that we're talking about a group of institutions partnering for the case management system by which there interlink and depend on each other. indeed having the proper way and interactions that increase community. i am in strong support of this and would move to vote. there are other commissioners. >> second. commissioner antonini: i have a

question for the project sponsor. i am impressed as commissioner moore was. the fact that this will go to charitable organizations. will they have oversight over the management of the operation? will they have a resident manager who is responsive to them as far as complaints or problems that might occur? >> the group that we're working the closest with for oversight and developing a program will be -- aguilas. you have heard from staff members and board members. you have heard from the executive directors of the lgbt center and shanti. we want to make sure that our outreach goes deep in terms of

the affordability. those folks that may not be able to afford the medical marijuana will have access to it. through those efforts will also have a board of directors that we hope to draw members from each of these organizations to help mismanage the collective. there will be different ways in which oversight will be provided. commissioner antonini: thank you. i am impressed by this and my concern is this is a little different from all the other mcd's we have had. they are for-profit organizations that are run by the owners of these mcd's. we have a little better recourse if there were problems because we have organizations that are responsible for this mcd and if we have someone we can speak to

if there were any things that neighbors have commented on being afraid of. thank you. >> i am generally skeptical but this one could be a model for the future. we have this problem with the situation where there is a lot of cash being spent on something that is often desired by a lot of other people. maybe not necessarily the patient but we have the oversight here which i like a lot. the proceeds are going for charitable causes which is another beneficial thing. there is no on-site consumption which is really important. i would say i am supportive of this one. i hope it will be looked at closely to see if it is effective and they can coordinate their activities with the other business interests, merchants and others on mission street to make sure everyone

works together. thank you. president fong: there is a motion and a second. >> a motion and second for approval on that motion. commissioner antonini, aye, commissioner tell us, aye, commissioner moore, aye, commissioner sugaya, aye, commissioner sugaya, aye, -- commissioner wu, aye. the motion has passed unanimously.

president fong: will take a five minute break and have staff >> planning commission is back in session. you are on item 15 a. for 218 to 220 buchanan -- buchanan street. >> good afternoon. the project in front of you gained entitlements in january 2008. after that time, the market recomonent -- recomponent was sold. it w--

>> i should have called 15 b at the same time. this is 15 a and 15 b. this is the in kind agreement. >> thank you. information is included in your packet and the sponsor will make a presentation on this as well. the project proposes up to 330 market rate units with a bmr component up to 110 senior affordable elements to be developed by senior house and mercy housing. a publicly accessible park in waller street, a community center, community garden, and retail. as a result of changes to the

site plan, modifications for planned unit development are required. as a result of changes to the planning code since 2008, the proposal requires a modification for uses as a ground floor fronting laguna street. there have been some actions taken in regard to this project. the historic preservation commission approved a certificate of appropriateness for alterations which are city landmarks. disapproval was appealed to the board of supervisors who upheld the certificate on july 31. in conformance with the 2008 approval, the historic preservation commission reviewed the proposal on july 18 and founded generally achieve compatibility with the character of the existing district with the exception of three elements. the upper floors of the open house building, the amended building and circular stairway

adjacent to the building. the upper to stories of the building have been modified. the volume of the building has been reduced and this there has been eliminated. the original motion of july 18 has been corrected. to indicate the project is compatible with the district except for the three above alamance. i do have the revised -- resolution for you as well. with regards to the inclusionary component, funding has been identified. however, to retain flexibility, the department would like to retain the current language in your packet indicating a range of bmr units. everyone is concerned with working toward the 50 in its but the range will allow flexibility if necessary in the future. the department and sponsor has

been developing and in kind agreement to the proposed agreements. it included a public benefits package for walnut park, the committee park, and community center. the intent is to formalize provisions of these improvements. within the past two weeks, the department has received additional public comment in support of and in a position -- in opposition to the project. comments -- those in opposition are concerned about the amount of off street parking, begrudge entrance on buchanan -- of thtje garage entrance. and at this time, the specific

details are still being refined. we will request the commission make a motion of intent to approve and direct staff to clarify the terms and conditions upon which waller park and others will be constructed. linda has passed those out to you. at this time, the department recommends approval of the conditional use authorization with modifications for modification of the rear yard, and the active use and transparency on the ground floor. as the project is consistent with section 303 and 101, the california air quality act, i

would like to and acknowledge that this has been a collective effort of many members in all the department's divisions. the city office, the mayor's office of housing, and a number of other departments, you should know that you have an incredible wealth of knowledge and commitment at your disposal. i would like to conclude my presentation. a number of us are available for questions you may have. thank you. president fong: project sponsor. >> representing the three project sponsors.

we are pleased to be before you for the final design review. the hearing today is to modify the previous p.u.d. it is nasa's jet did -- necessitated by the building designs. we are seeking a change in the height, zoning, parking, or any of the other fundamental elements of the 2008 approved project. the project remains completely consistent with the 2008 zoning. the special use district, and market and octavia plan. the project includes family dwelling units, 110 affordable senior units, yet -- open house senior centers, and 249 port -- residential parking spaces, 125

bicycles basis, and neighborhood retail. the project includes three significant amenities. the park, community garden, and the community center. before the architect going to the current plan and how the design has evolved, i want to remind the commission of a prior approval granted by this commission, the board of supervisors, and the hpc. each vote has been unanimous. on screen are the approvals we received including conditional uses, rezoning, the our certification, the superior court and the court upheld the eir and project approval. and financing of affordable housing and a certificate of appropriate use approvals. the sponsors have undertaken a rigorous three engagement with the community and we're pleased

that -- rigorous re-engagement and we're pleased that the issues have been resolved. the financing for the senior housing is secured. the family project will have a full 15% on site component with 50 bmr units. the city would like to keep the language since the checks have not been written but we're committed to the 50 bmr units. what mattered 60 of the 440 units will be affordable. secondly, a locked entrance has been designed leading to the palm olein pedestrian area. all vehicular entrances have been moved and out -- moved out. the parking 0 -- radio is