percentage or some kind of the evidence to procreating treat people with economic needs at the reduced rate. on the area of discretionary review or conditional use i have been in favor of conditional use. it seems odd we have a conditional use for a coffee shop but a dr for a dispensary this is a use this needs to be monitored i think they should dot same thing. if the commission will not approve the d u then the staff in regards to the dr it is important but you know from the

process conditional use is a higher bar you have to have 4 commissioners voting yes on dr and you have to have 4 commissioners vote no, it's harder to sustain a dr for the opposition than b be in opposition. preoperative meetings are a net it's important. i would support continuing the thousand foot barrier one speaker said its arbitrary it might make it easier for someone who is looking for eager buyers to buy the product if it's clorns a thousand feet.

and then the issue about opening up other zoning district most of them are on the southeast side of san francisco. many of them are industrial areas might be an area that makes sense and makes it easier for people to get there and one speaker early on t said it might be an area with more problems with certain issues and having the attempts of a lot of cash so long as their policed i don't see the problem i want to hear with the people in the areas i didn't hear people talking about whether or not they want it to be brought out there. the second floor should be fine it doesn't make a difference

security is essential and whether a buffer we expand to change the school policy or expand other districts 5 hundred feet between dispensaries make sense instead of having them right next to each other. so those are my main comments and i'll see what the other commissioners have to say >> thank you commissioner hillis. >> first of all, i want to agree with the commenters who said what they said so thank you, mr. star if he start a department of mc d i nominate you open the president. i'm in supportive of expanding the green zones. i think mc ds are well run i

live near one their prime magnets and think they're not great retail space they're not, you know, your generally not going and getting food and i think i'll stop in the mc d they're a dead area. i want to have them improve their look and i think, you know, the clustering issue we have not addressed because we are the space in the city is limited i think we want to improve how we looked at clustering of mc d but generally, the second i think we should encourage them on a second floor so reduced buffer

areas where their loenthd on the second floor where there maybe not a c u but i encourage them and try to promote the second floor use. the school buffer zone this is one of the things we feel good about one thousand feet from the school i have kids in the schools i might say one thousand feet from a ice cream store but i'm for the burst school i don't think it that's the issue that people actually see them, you know, in that that separates if there's problems we need to address that. and again, the clustering i like the dr, you know, this normally being a dr but when it's

k4ru6r9d i think it should be elevated i think we should expand that to favorite their larger than 5 hundred feet and the area of clustering expand the definition or have the dr finding some notion of clustering or in the neighborhood is served by the mc d we want to audio that to the dr finding. >> things commissioner moore. >> i am supportive and interested to find tools to expand the green zone aaron did a fabulous job to lay out the difficulties by looking at the colored map we really realize even if we expand the green zone

the weight of the zones will happen is still in the east and southeast corridor it didn't shift into the under serviced part of the city i want to approve sunset because they approved the dispensary only for it to be closed and the supervisor is helping the approval to be reserved in a sense we have not changed the discussion it's still status quo and if we reduce the buffer from 6 thousand to 6 hundred there will be still a backlash of people many with children saying i'm more comfortable if my high school and middle school

children are away from mc d by one thousand feet so can we say that the 6 hundred buffer applies for kindergarten it's unlikely that the toerld will not crawl across the street. i know it sounds funny but i want to take a microscopic in which we give the parents who are concerned and we're not distinguishing between a middle my high school and a kindergarten i want to throw that out if you're working with the president chiu if you're expecting us to make legislation we need to create something that's more fine tuned.

i'm in support of considering recreation facilities where the buffer can slipping and second floor sound like a great idea and it will help the entities like the doctors office on the second floor they will be in certain easier. clustering in commercial corridors i'll agree with commissioner hillis my own idea is 5 hundred separation between mc d is two small i don't like the compare active aspect then perhaps we need to look at that

are. this as daily i don't like clustering. the one area i'm concerned about it expanding it to different zoning districts within in the middle perhaps you have not followed that of having to protect pdr in this to town and opening it up like becoming predatory is not the right move so i'd like to expand the discussion between president chiu and supervisor campos to understand what the zoning in the districts. i would suggest not even consider that as we're going to try to sort out the changes to

the legislation. so far as cu vs. pdr their institutional outdoors they're not like retail they have a different status like the dr process where the tuning is up to the departments themselves. i've been reviewing this not raising the bar for approval but continuing to move forward with a good measure. those are my comments at the moment >> i want to add a couple of thoughts i ago with the pdr and manufacturing zones i want to address the issue of zoning but the pdrs in the city is strong and let look at other

opportunity. the second floor sister-in-law a great idea approve or disapprove i think to address clustering the way is happens is when mc ds get cited in the telegraph hill or panicking heights it's the up error from the community to really get they're on the ground and do our research earlier because this is the barrier to getting or one of the barriers to getting mc ded sort of cross the city. i think this should go to the health commission. i want to ask staff >> there are not the directive from the myths code was for the commission to send a report to

the board of directors. i'm happy to do that if the commission times me, too >> it seems like a good idea. >> okay. that's the comments from me. >> expanding the green zone i believe the ports properties are shown here we need to bring port planning and in the different parts of waterfront into the discussion there are certain areas see in the waterfront that are highly unlikely the communication and dialog with them as well but generally striking every pier up to fisherman's wharf it has questions for me. including the first thing the

access is totally overcrowded difficult zone so i think we need to look at that as well >> commissioner antonini. >> i'll throw this out we'll continue the one one hundred foot from the schools and require an approval about the mc d and i want further study. the second floor is allowed and culp and the preapplication is required and the predesign and also being considered would be consideration by the planted they're doing a percentage of that type of business and a buffer zone and nolo contendere

summation open site of medical marijuana or cannabis rather. also not part of the motion but i would ask that the staff asked the state to consider a state register likewise colorado has to find out who are the card holder the state of colorado has information and this survey with the state with the breakdown if we're under saturated >> we don't have a motion in front of us we have to adapt a report and there's no motion in front of us. >> adapt a report okay. well, that's - >> i'm sorry emry rogers

there's a draft motion in our report it's exhibit a. it basically says our adapting it as drafted if you want to make any changes you have to specific those in your motion >> that's my motion. >> no second. >> commissioner sugaya. >> yes. a couple of questions and comments. to the first of staff mr. star in terms of the map we have with the existing zones and the expansion go potential quite a bit of the yellow does illustrate i think commissioner moore concern and some others with respect to opening it up to zones which are then on the east

side. can you produce another map i don't know if we're going to adapt something today or continue it or what but could you also produce a map that would show the expanded green zones if we reduce the distances to 6 hundred feet? because i assume some of that is illustrated more to the west side of town and poebl into north beach >> so the maps are reducing the zoning. >> i know it does both i'm assuming is it to reduce the buffer. >> the answer.

>>yes. you can kind of tell on the map where it's expanded because of the buffer you can see the swoop of the buffer >> thank you. i think what there is also i want to get to the clustering issue there's a concern among a lot of us here about the testimonies that were given especially in the mission about the number of mc d that are - if we could address that in some fashion i'm open to dr but i'm sort of leaning toward conditional use in the sense that that puts the on us back on the applicant for the necessary and desirable but if we retain

the dr we're saying if there's a problem it's kind of like the reserve but i'm okay to stay with it for now but perhaps we can address the clustering under the circuit courts u process >> what we do in the excelsior mission district we'll come to you next week for the other locates but this is to relocate within 5 hundred feet that's in the report. >> i'm okay with that if for some reason there's any interest in the cu route we can consider lowering the fee for that one use i think maybe. anyway, that's off in the future. let's see.

if we keep dr and have finding then he think my suggestions in alleges to what staff has that there be a contact and liaison person identified which we also do we want to spell that out there's a security person and a better way to phrase it there's been a security plan 2, 3, 4 place that maybe already required but not hurt to mention it and a staff training plan >> the first two are already covered in the health code and the department will prefer to

keep that with the health code but the training i don't believe it is. >> we can pass that off to the health code. i'm okay with 6 hundred feet the zoning expansions is still a question for me as to whether or not we should do that and the second floor is okay. i had a question on recommendation 6 we're not suggesting this be retroactive >> no if they get a permit it's okay. >> i have two general questions not to staff but let's see the first one to the gentleman that testified about his wife's condition and trying to seek

medication that was higher in cd d there's a dispensary that may opened on california street in the financial district either i think it's not one one hundred block or the 2 hundred block. >> next to - >> it's in the 2 hundred block next to one of the folks who come in and obtained to this but their goal is to have this kind of product and have it purely cd d so watch out for that. and then this might not be answerable but effects the comments in terms of price and how expensive and it maybe two early to do this i don't know if

there are comparable studies. i don't know if opening it up to recreational use is going to drive the price higher or lower that might be something to 4r50b89 in the washington and colorado >> one of the best parts there was a ton of the information on recreational cannabis in washington and colorado and colorado has been dealing with that balancing act trying to tax it enough inform generate revenue but not so much that it drives people into the black market. >> thank you. >> thank you, ms. rogers a comment? commissioner hillis >> i'm going to recommend and

approve the report with the following recommendations add a finding if the dr finding about the neighborhood already been sefrd by mc d. this may get us where we have mc d beyond the six hundred foot limit and recommendations two on allowing mc d in more zoning district we need to study that more. on second floor i had permit and encourage mc d on second floor. i agree with removing the thousand foot buffer to 6

hundred around schools. and i'll accept all that remains >> second. the only other issue is t 5 hundred foot so the recommendations is to continue with the cu where 0 to address clustering and continue the cu with the 5 hundred foot radius >> who he prohibit them with 5 hundred increase it to 6 hundred feet we left that open but if you want to make it more specific have a 5 hundred buffer for cu you can do that. >> i heard something about keep that in mind the 5 but if it's

in the dr finding that's probably okay. so i'll agree with you, you said and i heard your motion. >> you think this is the best attempt at a motion it was a great initial conversations there's a lot of conversations that need to happen with the school districts and stakeholders this is observer addition but it needs to come in the form of a motion. >> so commissioners. >> i have a quick question for staff if the motion passes and goes back to the board of supervisors then do you know what the process they're going to be taking on this? >> supervisor avalos office they want to kickback any kind of more formalized chances to

the code back to us which is fine with me but- >> jerry aid to supervisor avalos without consulting the supervisor i think it is great to see the motion giving us direction we want to talk with the health department and school board but it's a great direction our headed in. >> ms. rogers. >> i would add since there was no ordinance signed before the commission and not an ordinance with the zoning but if an ordinance is produced we need to come back here. >> thank you commissioner moore. >> if something was said here by commission that gifts further

food to the working group i want them to further discuss and respond because we're here and they're in the trevendz open that i want to take that admonish refined and discussed and move forward. >> commissioners there's a moved and seconded on the floor to adapt the report including the recommendations by the department amending item one to include finding regarding existing locations and on item 2 keep that in mind the green zone set up subsection 1 and 3, however, subsection two to conduct further studies on expand the district.

>> permit on the second floor. >> right that's contained within that second recommendations and then so - >> and specific indication on another proposal within the distance of the mc d. >> this wasn't part of the motion but good to have the supervisors look at a map. >> i'll include that. >> great so on that motion p commissioner antonini. >> commissioner borden. commissioner hillis arrest commissioner moore. xhaurg and sxhupg and commissioner president wu so moved, commissioners, 6 to one with commissioner antonini voting against. >> commissioner moore. >> a note to ann marie i would suggest that you get the port involved in our discussions.

>> the commission will for 20 . >> like to welcome everyone back to san francisco land use & economic development committee thursday, march 27, 2014, the continued please silence any mobile devices that my sound and if you care to state your name for the record. commissioners on item 13. the 2009 housing element update. before you is a resolution of update to initiate the amendments and to a schedule a hearing >> hi, good afternoon. i'm here to request an innovation which adaptation