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

dispenries and a okay. thank you. i'm also supportive. it's helpful to clarify what happens in the other space by using the logic i'm supportive of this one >> yes. i have a question in terms of the product the main product and thrust and focus of this particular establishment appears to be based on a new or more recent type of chemical extraction if you want to say from the marijuana plant itself. t h c is the active part and now we're going to talk about the cd v and it's in capsule form but

in terms of the volume the amount of traffic that's generated through our establishment for this project verses the traditionally smoking protrude or perhaps brownies can you tell me the breakdown >> this particular interaction is very unique and it's a highly coveted it's in the medical - the average plant the highest percent is 9 percent. they're able to get the oil to carry about 52 percent cv in it and that's why it's located in san francisco it's promoted from here so we expect it to be the

majority and if it takes off it maybe 90 to 1 hundred percent >> i looked it up online and down that what's being advertised on line is a similar thing or they trying to sell me something. >> my practice has been dedicated to this and i'm knowledgeable about the process and this particular product is unique and it's unbelievable i've use it on my bad ankle and the testimony on this they call

the miracle cream. >> you know i think that's one for about, you know, i don't know the product but it seems like in some ways to get away from the argument other than the alley. if we already have four restaurants and how much financial constitution? two or three. adding one more restaurants if that's what the direction of some arguments have long been doesn't seem to me that several institutions can't figure out

how to make it work the addition of one more shouldn't be any different good or bad. and lastly, i think has been pointed out this the testimony. if you're looking the map it's particularly all in downtown. we tried to approve one in a strip that happened to be a thousand feet away from everything and it got shot down on appeal to the board of supervisors or the board of appeals i can't remember.

because of the community opposition. and people keep saying if you look at other areas that's why wear talking about and have long been for a long time the whole problem of cds clustering near each other and we proved two or three on one evening of those that were near each other and people were not happy so they think the board of supervisors should be looking at the clustering. but i don't think that any pending legislation is going to change the fact that downtown probably still will be the area where there's lots of opportunity if you want to call it that. commissioner

>> so one of the 3 on page 4 we have to consider the regulations that no alcoholic is to be sold on the premises so that would prohibit a restaurant from having their alcohol licenses but a limited restaurants with no alcohol could go there. >> limited with no alcohol. >> yes. >> well, if answers the question and that's another reason i'm not going to vote for this because it precludes other uses that might attract enterprises in the area. i'm sorry sir, in general terms it's convincing this building has an upstairs and there's this

rear says that a that's vacant which is the site for the mc d and the bank at least currently runs to the front. i don't see a lot of vacant would i see the rentals are fairly high in the area >> yeah. i have a pretty easy job in those days. >> i wonder why those areas are not rented and this isn't really before us but i'm stashing the faculties not a neighborhood that's having trouble renting spaces. >> yeah, the demand is high. >> per square foot. >> both office and retail. thank you those are i'm not saying this particular group might not run a real clean

establishment but it's not so much of what is in there but on the street with a lot of cash being involved and ease access to bars so those who might be interested who have not good motives. so another question no alcohol sales on premises is it talking about a destined lease spates did it mean within the building or nearby. those are a 10 multiple unit building >> i think there's a little bit

of flexibility for the zoning administer to make a comment and the brourdz are within this building or whatever. >> you think it's a - >> my intent would be not to have a bar inside there. >> and the mc ds i haven't had that issue come up on any enterprise. >> i understand the commissioners concern but it's important in this case because if that's speaking to the premises then a restaurant could open up where the west bank so i won't tell be fearful.

i want to share comments may be trying to wait a little bit longer and see where the supervisors acts and reactions came from so far as legislative questions. this is a door with a long hall leading to a significant area of retail space. so i'm supportive of it as proposed and if it's true that alcohol is allowed in the building i'm in support >> i'm interested in the cbc wellness as looking at the problem. almost exclusively i've supported every cbc except when

he when we got a push back from superviso supervisors. when we're not defining where to have it that includes the idea of clustering. the planning department and board of supervisors still in the initially stages of discussion have to start an investigation on existing to be expanded to be revised or now rules regard this to make it decisions. i realize this project has some processes but many consequences

for its location particularly is the expression premise is not clearly defined. the successful of the restaurants on california street in that particular block are defined by older unique spaces but they're not at all defined by the what the bank of the west which is a camera not so well designed building. having said that in the best of all worlds we said have started with the real soul searching of what the criteria should be. i listened 2012 discussion we

had about two dispenries where we had 6 criteria that applied to the mc ds none of which applies here. it leaves me somewhat be reflecting on one of the applicants suggestion we should have restriksdz he listed a number to spell them out. we didn't discuss p them i saw the legislator for the first time. so i'm upper southern of what to do >> please. a couple of of things the zoning administrator was listening so, in fact, the separated space that would be left could

accommodate a restaurant so to have the recommendations prepared by the end of the year to that would come up in early 2014 and then the legislation could be introduced early next year. >> that clarifies my question. i'm glad you can have it in the building and not just in the premises. thanks >> although i'll point out that dozens of restaurants in the area don't serve alcohol. most the places are small like a 1 square feet and they don't

have booze. and others and so i don't think it's necessary although i might going go to the irish bank but i want to add a condition they have a liaison person available with a local number or contract number. i think in terms of some of the suggestions that were made by one person who testified who gave his a list. some of them have long been established. for example, one said we should define it to be an eating and drinking place and we can't do that because they only allow uses on the ground floor and we

can't restrict it to a particular use under the code. let's see i think this would require another hearing so far as donating money that's not within our control and the signage is going to be handled through a separate permit to alter. i don't know about complaint if they complain they can call the police. i'll second our taking the dr with the modifications. i think this is somewhat an

analogy there were a lot of conditions involving lcds but the result would not be available until next year so continue it to let the businesses in the area put together a condition list and we'll have a little bit of a better idea where the board s is moving and this maybe compliant anyway but we need to see the decisions >> i'll make a motion to continue it in november. >> give me a date in november. >> commissioners november is fairly wide open you have the

7th, fourteenth and 20th. >> i'll go 14th. >> my only concern is we might not have recommendations in november. >> we don't want to put them out into january but we could have it continued in november if something is getting closer to finishing and we might get more information from the owners. >> commissioners the motion of continuous takes precedent over the decision on the floor. >> as i recall the issues we wanted to discuss was a recommending to clustering and b whether or not the definition of a thousand feet related to a

school those were what i recall where the substance issues and whether or not it's appropriate and if this should change but obviously neither of those issues are at stake there's no clustering are school or education or remotely you'll define them there's a problem. not too long ago we approved a franchise like this and that's locally. so that was actually directly front the street. so i think with this being discre discreetly i feel absolutely comfortable today discussing

this case. if there's other issues to interject we can talk about those but based on what i recall this case is relevant to that >> commissioner moore. >> i have a fleet memory that we also talked about the face of the establishment as the - it faced the street is the security of the shutters or is it ntd more pedestrian friendly green facades that allows the security into the building without making it look like a fortress. so is it in our face or tightened in the backroom and more security and cameras and

security guards. i don't know but those are some of the issues that came up because the negative influence of non-street facing friendly retail facade has a negative effect on the areas. but those were also some of the challenges that supervisor avalos proposed to us >> and also in response to the testimony we've heard from every business owner on that block i would expect if we grant an continuous we'd like hear from others and i think it's important to look at the community sport and from what i can tell most of the community

is opposed to this option. >> most people were at the momently opposed to this and we flew in the face of that opposition and the board of appeals did not. >> okay call the question on the continuous. >> there's a motion and that's on november 14th. (calling names) >> that motion fails commissioners and we can go back to the previous motion that was open the floor and seconded. with conditions as stated by commissioner including the liaison condition. should i read that question.

on that (calling names) so moved commissioners that motion passed commissioners we can move into the final matter important public comment i have no speaker cards >> seeing none, the meeting is

>> good morning, everyone and thank you for joining us on this very historic day. we are here to celebrate the first concrete pour for the foundation for the new transit rail center. we were here last year for the ground break of the new station. as you look around here today you can see that we've come a long way since august of 2010. since that time we demolished the old terminal and recycled the materials to build it. we excavated down to street level and we kept the traffic moving

and a breaking system and we relocated all utilities and reinstalled the piping system to use the natural earth's temperature. we put down steel. so far in the process we are removing about 6,000 cubic yards of mud and clay. in fact, today as a tone of our appreciation to our speakers we are going to give old clay deposited from the last ice age about a hundred thousand years ago. they were collected in 2013 and from about a hundred feet below the station. today's concrete pour for the foundation transit center is exciting because the foundation is going to be the first permanent structure of this project. the entire rail level in total we are pouring 142

,000 yards of concrete which is the equivalent of 32 olympic size pools. we couldn't thank the men and women who work on this daily, the management, construction, our funders and government agencies and of course the public. reaching this point would not have been possible without the federal funds from the american recovery and reinvestment act. funds that have put thousands of people to work in construction reich -- right here in san francisco. thanks to the recovery investment act funding which we received $400 million from. this is the result of the hard work of the dedication of our congressional delegation all led by house democratic leader nancy pelosi. leader pelosi is a national

treasure and we are so honored to have her here today. i can't tell you how appreciative we are leader pelosi. house democratic leader pelosi. >> thank you very much, maria for your kind words of introduction for your exceptional leadership. when we gathered here 3 years ago we sang your praises as an operational person to get the job done and here we are. it's an honor to be here with you mr. mayor and thank you for your leadership, not only on this project, but everything that surrounds it. supervisor kim, thank you for your leadership as a transbay joint powers authority chair as well

as a member of our board of supervisors. michael from the building and construction traits council, of course none of this would be possible without the building trade. your leadership has been essential to our success. thank you for that. and as i acknowledge leaders who are here tim, a know that willie brown and gary newson would be proud. i know it's been a catalyst to bring this together whether it's about enabling this to go forward or tax policy or enabling on construction and attracting other businesses here. ed lee, thank you for your leadership, mayor lee.