project >> that's what the zoning mist. >> thank you for putting that to picture. it would be the first and second stories only where they're proposing the expansion >> in the ground floor area. >> commissioners there's a motion and a second can i get the motion that the proposeers are accepting this? in that case if there's nothing further i'll call the motion with no additional encroachments in the side yard allowing the scaring off on the first and second floor.

commissioner moore. and (calling names) >> so moved commissioners that motion passes 6 to 1. >> on the variance if anyone would like to copy of the decision copy please contact mr. air force versus and you'll get a copy. >> commissioners you have one remaining item on your regular calendar. at 212 on california street this is a mandatory discretionary review so for the people who are leaving the room please leave the room equivocally so we can

precede with this hearing >> good afternoon president fong i'm with the department staff. the case is a mandatory discretionary review requesting two - the proposed mc d will not allow smoking or vaporizing eating - they're not located within a school or community center that serves persons under the age of 18. they are not located in the alcoholic areas. we've received support to the project and option from four

different people. in order to minimize the commercial areas the following conditions are being recommended the business hours are limited from 8 to 4 and the property is a through lot so the seals will be redistrict and they'll have to provide ventilation in the areas and all garbage to be in the building until that pickup day. this is consistent with the planning code. it will not have a commercial store presence. and it is well served by public transit and is in balance with the general plan.

we recommend this be profound with the awe for mentioned conditions >> project sponsor please. good evening. i'm on behalf of the project sponsor. locking and permitting a cdc is channeling. the process i've worked with applicants over the last 8 years were we took dead on arrival into a accountant all the opinions of prior law enforcement and other folks. the issues that have long been raised it's well over 1 thousand feet from playgrounds and

schools and it has public transportation access. it is off the street and has no impact on the character of the neighborhood. in addition, we don't care into account the chufrt cds h that have long been brought up in the past. clustering is not a problem with this c, d, and and there's no other applicants in the area it will be north of downtown. and based on on the factors i've pointed out it will be impossible to find a best location. if navigate the board of supervisors wishes to discourage this cd it will not protest

other applications for this project. >> good evening president and members of the commission. i want to address concerns about the credibility of the owns and give you a new vision for this. my husband ways diagnosed with pancreatic cancer. our on closet want to find a good quality marijuana which at that time was not available in the state of california payroll my husband was a business owner. we looked like more and more most of the poem in the neighborhood. and while i understand about the

clinic tell of the cbc wellness i suggest to you that the majority of customers who come are closed to fitting our profile. they rage in the area of 65 years old. the wellness is a business model for d example cdc. 7 years ago one of the founders was diagnosed with cancer and was able to access this process. he became an vocal and a student and discovered the healing attributes of cv d.

it's mostly recognized for its medical effectiveness. it has a power effect and didn't make people them stoendz. scientific and clinical studies have found it has great application for arthritis and other medical conditions. they have a process of extracting the oils and have ingredients that help with moenlt. the focus on this is the mission of cvc wellness. we believe it's comparable with the neighborhood.

they're responsible and responsive. i worked with them to get their first permits. we received starch recommendation and unanimous approval from the planning commission and renewal. they have no issues with law enforcement. simply put they want a good reputable business. thank you for our consideration >> no sorry i put down a photo here i showed the location of the nearest location. >> opening it to public comment i have one speaker card of

melissa. >> i'm here representing the grill that's been here since 1967. we wrote a letter as part of the opposition to this project and after meeting with the gentleman i still feel opposed to the project. while they have the mission of having a certain type of incline tell we feel it will only effect the property values in the area might be affected and we feel that restaurants that have long been there for a longed might be famed and i oops this project

>> any additional public comment? >> good evening, commissioners i'm mike. i represent the ownership and on california street where the neighbor to the west of the project. we're opposed to this project because number one we don't feel it's a consistent land use. this is a private club and all the other businesses are open to the public and we don't feel this is an inclusive business that be a benefit to others.

on the ground floor it would make is harder to lease the front space to leave the front available for lease by another tenant. i'm concerned this is not a workable solution because as you know the floor plates are relatively small and i don't know the chances of leasing is a a space of that size and thirdly the uncertain status of medical dispenses on the federal level i'm concerned that either in the near term or long-term there could be a seizures by the federal government leaving a key component of california street vacant or worse >> that said though we're firmly proposed e opposed to the

project if you take action to approve it we want you to consider a number of considerations. but i know that many of them brandon and the project sponsors will hopefully agree to. number one regarding the retail frontage i think that one of my concerns is the project spokesperson said the divisions is to add acupuncture and i'm concerned that the expansion of the cd could occur to the front of the familiarity and the commission should define that should be only an eating or directing establishment should be required to be open while the

canister dispense should be open >> i urge you to take a look at them. >> thank you very much >> good evening. i'm the owner and operator of restaurantss respectfully on california street adjacent to the proposed building. when i found out what the owners wanted to do i couldn't believe it because, of course, we all know or that the majority of the people that do purchase the can percent have nothing to do with

illnesses. and for the past seven years i've worked hard in the restaurants in the area to establish the block as a good designation in the city. i've very concerned when the news of the medical canister would happen would people stop coming in. and although they say the entrance of the building is on california street the d b, a is solutions suggesting that if small business owner something were to happen in the back of our believe. on a daily basis i have to sendoff aggressive folks who are intoxicated. again their concern is when they

were selling drugs nearby what was going to happen. i ask you to keep in mind the promise >> also online i'm sorry i didn't bring the copies italian dispense what happened to buildings around the area. >> thank you very much. >> thank you. >> handsome i'm meekly i'm a former desert vet. i have pancreatic cancer and i've been lucky enough to be cured and unfortunately i've been taking morphine and i was introduced to medical cannabis and to my shock it made me

better. i don't have to take pills and medical or more and more feign nor pills. i'm a living to me testimony that this stuff works. you should approve it because i'm one of the people who needs the medication so i hope you'll approve it. thank you >> hello. i am a property manager with hines. we own and manager california street which was located across the street from the project. while we're certainly sympathetic with the people needing this medication we feel it will be detrimental to the

area. i've been approached by a handful of tenant who strongly oops on the project. and we hope this will not effect our attracting tenants for the future >> any additional comments? >> i'm kitty lewis i'm a patient and i have especially less than and i've had it my entire life and i've been on medication until working with the herb's i've been able to use the cd in cap pulsing sulz i'm not getting high i'm able to

function. i haven't had seizures and i've been able to get off my medication. what's great it's not like any typical dispensary. so i think it would be in everybody's best advertiser >> any additional public comment? >> good evening. i'm jason roman berg i'm a small business owner and due to playing sports i have bad knees and by using the cream which is in no way is a drug it let's me bend and

walk. with their location being in the so on missouri ma county it's a whole day you journey to get there. it would give me a quality level of medications and it's a good location >> thank you. >> good evening, commissioners. i'm a resident here in san francisco. i'm a medical cannabis patient for medical marijuana. i'm here to voice my excitement. i've lived on drum street and was appreciative to the safe and clean neighborhood and as

resembling visiting the farms market i've got access to my marijuana as well >> any additional comment. okay seeing none, public comment is closed and i have a couple of questions for the lady. this particular believe is one of the very few small be buildings there's another one for patty's grill. the first question leaving out the possible historic of the building what would be the height of the building >> it's a 75 ex-so it would be straight up to 75 feet. >> so you could go 7 or 8 floors you told me there's a category 5

it would be historic because we're n within a historic district at least. >> correct so the building is in a historic conservatism district it's an unrated building at this point so i think it's not eligible for the t dr building. there's a process that could enable a building so it could sell it's potential ground floor area but not an absolute they would have to have a rehab project >> my third question west america bank is vacating the main area on california street which i find is there any connection between those two because west america doesn't

have another san francisco branch that i have aware of. >> i don't know any connection maybe the project sponsor wants to add theirs separate tenants. >> nobody here is from west america bank or representing them today. okay. mr. kim why are telling me they leaving >> i've discussed that with the property owner and a they've approached it and said they're not interested in a long term lease so they're on the shorter month to month. >> thank you for that

information. i think there could be a lot of other restaurants or financial constitutions or other who would want to be in this block that is completely all businesses of that type but the ability is going to be - attracting them is going to be limited because of the franchise. so all the folks coming up and obtaining and i have no objection to the mc ds but i know there are some that by the map on the other side of market street and second street their innovating not like a mile apart and like anyone else they have

80 go to a pharmacy to get medication. if i want to use kaiser there's two, that have pharmacies but if that's why were you have to go to get the medication and especially, when there's been testimony how the alley being a problem alley. i'm not saying that the mc d will make it worts by certainly not better. the alley are successful places where you can walk down. there's not a lot of homelessness and i think we should be encouraging that type of use rather than misuse. and those are my main comments on the situation spiral also i

think there's a lot happening with the board of supervisors with the state of governments with regards to this issue. we're getting close to some changes on how this product is administered. i don't want to rush into a decision on this particularly sighting because i think we maybe seeing a situation in the future where the dispeople vices are going to be eliminated and something more closely restricted bill other control of those dispenseries >> what's the signage or lettering of shingle on the sticker on the store. this it is real a side door

leading 40 to the rear and a right away right now it doesn't have a signage proposed and although this is a non-rated building they're going to be crossing that bridge later. i don't know their exact proposal but they'll obeying be limited >> commissioner. >> just a question for staff or mr. kim who controls the other space the retail space? do you control it or is it separately controlled. >> it's controlled by the property owner. i don't know if i can expand but when we started this proposal we realized this block as 6 building 3 routines restaurants and 2 financial constitution.

we don't want to disrupt that so the property owner says we can have it have its own lobby and it's 65 feet that wouldn't put people on the street and this frornl is completely manufactureable will maintain that space to maintain the california street. and in the rear will that be used a as a enhance >> i'm glad you asked that. the mayor's office of disability has strict rules and not only even our employees can access

the dispen 51y through halic street probably the only time someone will go out there is for the garbage >> i think those are good retail spaces so the fact you gifted divided up to believe the medical offices should be relocated. i'm supportive and i live in the area you don't notice it's there. are the hours that you you've given us are those limited, you know, for our approval. those are the hours >> yeah, the staff recommendation is suggesting that the hours of operation be

constrained from 8 to 8 with the idea that this dispenury is trying to target a certain hours. >> they can't expand into the retail space will this have to come back to us. >> an expansion of that size it's more than doubling will come back. >> thank you. >> commissioner wu. if i can continue that line of questioning so my proposed use of space has to go through the space >> there are constraints about the use of alcohol on the same property as the medical